iAi:>ait>s:ifi:i: 


^D^,A.  P3litical  Science'^ 


THE 

REVISED     CODE 

Ob' 

ST.    LOUIS 

IGENERAL   ORDINANCES. 


BEING  REVISING  ORDINANCE  NUA\BER  22902,    APPROVED  MARCH  I'Kli,  1907;  SUPPLE- 
MENTED   BY  AN  APPENDIX  CONTAINING  THE  GENERAL  ORDINANCES  ENACTED 
BETWEEN    THE     DATE    OF    SUBMISSION    TO     THE     ASSEAVBLY     OF 
THE  REVISING  ORDINANCE  IN  SEPTEMBER,  1906,  AND  THE 
CLOSE  OF  THE  LAST  SESSION   IN  APRIL   l'(07. 

IN  CONNECTION  WITH  WHICH  ARE  PUBLISHED,  WITH  ANNOTATIONS,  THE  SCHEME  OF 
SEPARATION     AND    THE     CHARTER     OF    THE     CITY    OF    ST.      LOUIS,     A     COMPI- 
LATION   OF    STATE     LAWS     SPECIALLY     APPLICABLE     TO     THE    CITY    OF 
ST.   LOUIS,   AND   THE  STATE  AND  FEDERAL  CONSTITUTIONS:  ALSO   A 
TABLE  OF  A\AYORS,  ALDERMEN,  COUNCILAtEN  AND  DELEGATES 
OF  THE  CITY  OF  ST.  LOUIS  FROM  ITS  EARLIEST  ORGANI- 
ZATION   IN    182.!  TO  THE   PRESENT  TIA\E,  AND  THE 
PRESENT      ELECTIVE       AND       APPOINTIVE 
OFFICERS  OF  THE  CITY   AND  THEIR 
CHIEF     ASSISTANTS. 

All    I'ublishfil   Ity  Authority  of  the  City  of  St.   Louis  as  Set   Forth   in   the 
Notice  of  Authfutificatioii  ApjxMi-iiif;  Hereiu. 

nv 
WILLIAM    K.    \V()1':RXEK, 

OK  THK  ST.  lX)fIS  HAH. 


ST.  LOUIS.  MO. 

SAM'L    F.   MYKRSO.S   I'RINTINC  Co.. 
1907. 


IfC^ 


PREFACE. 


Iti  accordance  with  the  periodical  revision  of  the  general  ordinances  re- 
(luired  by  the  Charter,  the  preliminary  ordinance  22046  (supplemented  by  or- 
dinance 23110)  authorized  the  jjreparation  of  ordinance  229Q2,  to  be  known  as 
"The  Revised  Code  of  St.  Louis,"  containing  all  ortlinances  of  a  general  na- 
ture; and  it  was  provided  that  in  conjunction  therewith  there  should  be  ]nil)- 
lished,  with  annotations  of  the  decisions  specially  affecting  them,  the  Scheme 
of  Separation,  and  the  Charter  of  the  City  of  St.  Louis,  also  a  collation  of  State 
Statutes  specially  applicable  to  the  said  City,  and  the  State  and  Federal  Con- 
stitutions. 

The  reviser  was  appointed  in  accordance  with  the  prcliniinar\-  ordinance, 
in  September,  1905,  and  in  September,  1906,  submitted  tt)  the  Municipal  .\sseui- 
bly  the  completed  work,  including  in  ordinance  form  the  hill  in  revision,  which 
subsequently  became  "The  Revised  Code,"  as  well  as  the  annotated  Charter. 
Scheme  and  State  Laws  specially  applicable  to  St.  Louis. 

The  ordinance  in  revision  remained  pending  in  the  Municipal  Assembly 
from  its  submission  in  September,  190^),  until  ^larch  19,  1907,  when  it  was 
finally  approved  and  became  ordinance  number  22902,  or  "The  Revised  Code  of 
St.  Louis." 

Since  many  laws  and  ordinances  had  been  enacted  and  decisions  rendered 
in  the  interim  between  the  sulimission  of  the  work  to  the  Assembly  arid  its  ])as- 
sagc  and  approval,  the  work  (in  accordance  with  supplemental  ordinance 
2.^110),  was  brought  down  to  date  of  printing, the  State  Laws  of  1907  specially 
applicable  to  St.  Louis  being  inserted  under  that  heading  proper,  and  the  new- 
general  ordinances  being  set  forth  in  an  .\ppendi.\.  and  references  to  these  late 
amendments,  laws  and  decisions  were  made  in  appropriate  places  throughout 
the  work. 

The  contract  for  printing  of  the  entird  volume  was  let  and  liegun  in  May, 
1907,  to  he  completed  the  following  October. 

In  tiie  planning  of  the  work  into  Chapters  and  .Articles  the  reviser  pre- 
served, whenever  practicable,  the  order  and  arrangement  of  the  preceding  ex- 
cellent revision  ( in  some  instances  even  where  a  ileparture  might  otherwise 
have  been  considered)  for  the  reason  that  City  officials  and  others  using  these 

532 f 2? 


volumes  (many  of  whom  are  not  lawyers)  hav-e  become,  from  frequent  con- 
sultation and  long  use,  so  familiar  with  the  old  arrangement  and  order  thereof, 
that  a   rearrangement  might  serve  to   disturb  or  confuse,  until  learned  anew. 

Since  the  authority  of  a  reviser  does  not  include  the  right  of  making  sub- 
stantial changes  in  the  laws  and  ordinances  themselves  (see  note  on  page  341). 
and  as  many  of  the  ordinances  in  force  seemed  to  require  amendments,  and 
many  others  to  be  repealed,  and  some  subjects  to  require  new  provisions,  the  re- 
viser prepared  and  submitted  for  adoption  by  the  Assembly  a  great  many  sug- 
gestions, in  the  form  of  ordinance  bills,  on  matters  occurring  to  him  in  the 
preparation  of  the  work.  Many  of  the  suggested  bills  were  adopted  and  in- 
corporated in  the  Revised  Code,  but  many  others  failed  of  adoption. 

Little  need  be  said  in  a  preface  concerning  the  merits  and  demerits  of  that 
part  of  the  work  properly  within  the  functions  of  the  reviser.  Such  matters  will 
come  out  in,  and  can  fairly  be  ascertained  only  by,  the  actual  use  of  the  book; 
besides  which  an  author's  opinions  are  of  no  moment  and  often  do  not  coincide 
with  those  of  the  reader. 

It  is  hoped,  however,  that  the  annotations  ( especially  of  the  Charter  pro- 
visions) to  which  the  reviser  devoted  considerable  labor,  may  prove  of  some 
value.  It  was  sought  to  cite  and  discuss  the  decisions  of  our  own  courts  bear- 
ing upon  the  same,  with  reasonable  fullness ;  but  decisions  of  other  States,  con- 
struing other  charters  or  ordinances,  and  general  discussions  on  municipal  cor- 
poration law.  were  eliminated,  because  not  properly  embraced  within  the  scope 
of  an  annotated  revision,  belonging  more  properly  to  the  functions  of  a  text- 
book. 

Bespeaking  indulgence  for  probable  imperfections  in  that  part  of  the  work 
properly  chargeable  to  the  reviser,  this  volume  is  respectfully  submitted  to 
the  public. 

St.  Louis,  Sept.  25.  1907.  WM.  F.  WOERNER. 


AUTHENTIFICATION 

OF 

THE  REVISED  CODE  OF   ST.  LOUIS" 


City  of  St.  Louis, 

Office  of  the  Register, 

October  9,  1907. 

1,  the  iiiulersigned.  Register  of  the  City  of  St.  Louis,  do  iiereby  certify  lliat  in 

pursuance  of  the  Charter  of  the  City  of  St.  Louis  Article  three,  Section  29,  was 

luly  enacted  ordinance  22046  approved  June  20,  1905,  providing  for  the  Re- 

\  ision  of  the  General  Orthnances  of  the  Cit)-  of  St.  Louis,  being  as  follows, 

to-wit : 


An  ordinance  to  provide  for  the  revis- 
'  in  of  the  general  ordinance  of  the  City 
of  St.  Louis  In  accordance  with  the  provis- 
ions of  Section  Twenty-nine  of  Article 
Three  of  the  Charter,  and  collation  of  all 
laws  of  the  State  of  Missouri  specially 
applicable  to  the  City  of  St.  Louis  and 
an  annotation  and  index  of  all  said  ordi- 
nances anil  laws,  and  to  provide  for  the 
appointment  and  compensation  of  a  re- 
viser of  said  ordinances  and  to  provide 
for.  the  printing  thereof  and  making  an 
appropriation    therefor. 

Re  it  Ordained  by  the  Municipal  As- 
sembly of  the  City  of  St.  Louis,  as  fol- 
lows: 

Section  One.  The  Mayor  shall  appoint, 
with  the  approval  of  the  Council,  a  com- 
pel,-nt  lawyer  whose  duties  it  shall  be  to 
revl.se  the  general  ordinances  of  the  City 
of  St.  Louis  and  prepare  and  submit  to 
the  Municipal  Assi^mbly  In  the  form  of  an 
ordinance  a  complete  revised  code  of  said 
ordinances;  and  he  shall  collate  all  of 
the  laws  of  the  State  of  Missouri  spe- 
cially applicable  to  the  City  of  St.  Louis. 
When  ih,.  ,*tanie  Is  completed  and  said  re- 
vls.-.l  iirdinaiue  legally  adopted  by  the 
iMniiieipid  .\.-i.sembly  said  revised  ordi- 
nance shall  supersede  and  take  the  place 
of  all  general  ordinance  regulations  of 
the  city,  and  all  ordinances  in  conflict 
therewith    shall    be    deemed    repealed. 

Section   Two.      In    connection    with      said 
revi.xjon   of    th--    general    ordinances   of   the 
city   there  shall  lie  i>ut>llshed  the  Constitu- 
tion of  the  t'nlteil  States,  the  Constitution 
•f    the    State   of   Missouri    and    all    statutes 
■f     the     State  of  Missouri  specially  a|>pll- 
ible     to    the       City    of    St.     Louis..     There 
luill  also  be  published   In  connection   with 
•  lid    laws    and    ordinances    a    table    of    the 
.Mayor.i,    .Mdermen.   City   Council   and      Mu- 
nicipal    .\.>j.s..inlily.    as     far    as     practicable, 
from    the    li.Klnnlng    of    the    City    Govern- 
ment   ti>    anil    including    the    present    time. 
Willi  h    Information    shall    be    prepared    by 
till'    nvlser  of  ordinances  and    compiler  of 
said   laws,   who  shall  also  superintend   the 
printing   of   said    work    In    book    form. 

Section  Three.  All  subjects  embraced  In 
■Aid  revised  ordinance  shall  be  properlv 
classllb'd      and      arranged       alphabetically 


with  proper  head  notes  and  catch  words, 
which  revised  ordinance  when  so  com- 
pleted shall  be  styled  "The  Revised  Code 
of  St.   Louis." 

Section  Four.  Said  Revised  Code  and 
all  laws  of  the  .State,  including  the  Con- 
stitution, specially  applicable  to  the  City 
of  St.  Louis,  shall  be  fully  annotated  by 
inserting  in  foot  notes  all  decisions  of 
the  United  States  Courts.  Supreme  Court 
of  Missouri,  Courts  of  Appeals  of  Mis- 
souri relating  to  said  laws,  charter  or  or- 
dinances: and  said  revised  code  and  said 
laws  specially  applicable  to  the  City  of 
St.   Louis  shall   be   Indexed. 

Section  Five.  The  City  Register  is 
hereby  directed  to  proceed  as  required  by 
law  to  contract  for  printing  In  substan- 
tial book  form  fifteen  hundred  copies  of 
said  work,  after  said  revised  ordin.ance 
shall  have  been  enacted  by  the  Municipal 
Assembly  and  after  said  work  has  been 
fully  completed  by  the  reviser  and  com- 
piler    thereof. 

Section  Six.  The  compensation  of  the  re- 
viser and  compiler  for  all  work  contem- 
plated by  this  ordinance  shall  be  live 
thousand  dollars,  payable  out  of  an  ap- 
propriation to  be  made  for  that  purpose, 
upon  the  certlllcate  of  the  Mayor  that 
the  said  work  has  been  properly  done  In 
accordance  with  this  ordinance;  and  tlio 
printing  and  binding  of  said  fifteen  hun- 
dred copies  of  said  work  shall  be  paid  for 
out  of  an  appropriation  to  be  made  for 
that   purpose. 

Section  Seven.  There  is  hereby  appro- 
priated and  set  apart  out  of  the  Muni- 
cipal Revenue  the  sum  of  five  thousand 
dollars  to  bo  paid  said  reviser  and  com- 
piler as  aforesaid;  and  the  sum  of  four 
thousand  dollars  for  the  printing  and 
binding  of  fifteen  hundred  copies  of  .said 
work. 

Section  Klght.  The  Auditor  Is  hereby 
directed  to  draw  his  warrants  upon  the 
Treasurer  in  not  exceeding  the  amounts 
and  for  the  purpose  above  specllled  upon 
duly  certllled  vouchers  being  presented 
therefor. 

Approved  June  20.   1905. 


And  tliereafter  was  enacted  ordinance  23110.  ai^provcd  lulv  'Jth.  1907, 
supplementary  to  said  former  ordinance,  and  providing  for  an  appendix  there- 
to, and  being  as  follows,  to-wit : 


An  ordinance  to  provide  for  tlie  prepara- 
tion of  iin  appendix  in  connection  witli 
llie  Revised  Code  of  St.  Louis,  whicli  is 
to  contain  a  collation  of  general  ordi- 
nances and  of  laws  applicable  to  St.  Loui.s. 
enacted  since  the  submission  to  the  Mu- 
nicipal Assembly  of  the  work  of  the  re- 
viser of  said  Revised  Code  of  St.  Louis, 
together  with  notations,  and  to  provide 
for  compensation  to  the  reviser  for  such 
preparations,  and  to  provide  tor  the  print- 
ing thereof  with  the  Revised  Code,  and 
making   appropriations   tiierefor. 

Be  it  ordained  by  the  Municipal  As- 
sembly of  the  City  of  St.  Louis,  as  fol- 
lows: 

AVhereas.  the  Revision  of  the  General 
Ordinances  of  the  City  of  St.  Louis  and 
collation  of  laws  specially  applicable  to 
St.  Louis  and  tlie  annotation  and  indexing 
thereof  was  provided  for  by  ordinance 
twenty-two  thousand  and  forty-six.  ap- 
proved June  Twentieth.  Nineteen  Hundred 
and  Five,  and  in  pursuance  of  said  ordi- 
nances a  Reviser  was  duly  appointed  and 
the  work  called  for  therein  duly  completed 
by  him  and  submitted  to  tlie  Municipal 
Assembly  on  September  Twenty-first. 
Nineteen  Hundred  and  Six.  but  said  Re- 
vised Code  of  St.  Louis  was  not  enacted 
and  approved  until  the  passage  of  ordi- 
nance twenty-two  thousand  nine  liundred 
and  two.  approved  March  Ninth,  Nineteen 
Hundred    and    Seven,    and. 

Wh»:*reas,  during  said  interval  l>otween 
the  introduction  and  passage  thereof, 
many  new  ordinances  were  enacted,  re- 
pealed or  amended,  and  a  session  of  the 
Legislature  held,  at  which  laws  specially* 
applicable  to  St.  Louis  were  enacted,  .and 
numerous  judicial  decisions  affecting  the 
ordinances  and  laws  were  rendered,  all 
of  which  matters  were  not.  and  could  not. 
Ite  included  in  s.aid  Revised  Code,  nor  the 
compilation  and  annotations  in  connection 
therewitli,  becaus*;-  occurring  after  sub- 
mission  of  said   work,   and. 

Whereas,  said  Revised  Code  of  St. 
Louis,  as  contemplated  in  said  ordinance 
twenty-two  thousand  and  forty-six  is 
about   to  be  published,  and. 

Whereas,  it  is  desirable  that  all  said 
matters  should  be  included  and  appear  in 
the  volume  in  which  the  said  Revised  ("lode 
of  St.  Louis  is  printed,  so  as-  Jo  bring 
the  same  as  nearly  as  practicable^,  tp  the 
present  date,  now,  therefore,  be  it  or- 
dained  as   follows; 

Section  One,  The  Reviser  of  the  General 
Ordin.ances  appointed  in  pursuance  of  the 
provisions  of  ordinance  twenty-two  thou- 
sand  and   forty-six,    to   perform    the   duties 


and  work  therein  re([uired.  is  hereby  di- 
I'ected  and  authorized  to  prepai'e  for  pub- 
lication in  connection  with  the  Revised 
Code  of  St.  Louis,  an  appendix  thereto 
setting  out  all  general  ordinances  enacted, 
repealed  or  amended  between  the  date  of 
the  submission  to  the  Municipal  Assembly 
of  the  said  Reviser's  work  on  September 
twenty-first,  nineteen  hundred  and  six, 
and  the  expiration  of  the  term  of  the  last 
Municipal  Assembly  on  April,  nineteen 
hundred  and  seven,  and  in  so  tar  as  prac- 
ticable to  set  out  all  laws  specially  ap- 
plicable to  St.  Louis  enacted  at  the  ses- 
sions of  the  State  Legislature  of  nineteen 
hundred  and  seven,  and  in  all  of  said 
things  to  make  reference  thereto  in  the 
indexes  of  the  Revised  Code  and  to  bring 
down  to  date  so  far  as  practicable  the 
notation  of  decisions  of  the  Appellate 
Courts  of  Missouri  in  the  foot  notes  to 
the  work  submitted  heretofore  and  to 
supervise  the  printing  of  all  said  work 
in  the  .same  manner  as  if  it  were  a  part 
of    the    said    Itevised    Code. 

Section  Two.  The  City  Register  is  here- 
by directed  and  authorized  to  contract  for 
the  printing  of  said  appendix  as  part  of 
the  volume  containing  the  Revised-  Code 
of  St.  Louis. 

Section  Three.  The  compensation  of  the 
Reviser  and  Compiler  for  all  the  addi- 
tional work  in  connection  with  said  ap- 
pendix contemplated  Viy  this  ordinance 
shall  be  seven  hundred  and  fifty  dollars, 
payable  out  of  an  appropriation  to  be 
made  for  that  purpose,  upon  the  certifi- 
cate of  the  Mayor,  that  the  work  has  been 
properly  done  in  accordance  with  this  or- 
dinance and  the  expense  of  the  printing 
of  said  appendix  shall  be  paid  for  out 
of  an  appropriation  to  be  made  for  that 
purpose. 

Section  Four.  There  is  hereby  appropri- 
ated and  set  apart  out  of  the  municipal 
revenue  in  addition  to  the  appropriation 
made  by  ordinance  twenty-t%vo  thousand 
and  forty-six.  approved  June  twentieth, 
nineteen  hundred  and  live,  the  sum  of 
seven  hundred  and  fifty  dollars  to  be  paid 
to  said  Reviser  and  Compiler  as  aforesaid, 
and  the  sum  of  five  hundred  dollars  for 
the  printing  of  said  appendix  in  conjunc- 
tion with  the  Revised  Code  of  St.   Louis. 

Section  Five.  The  Auditor  is  hereby  di- 
rected to  draw  his  warrants  upon  the 
Treasurer  in  not  exceeding  the  amounts 
and  for  the  purpose  above  specified  upon 
dul.v  certified  vouchers  being  produced 
therefor. 

Approved   July    9,    1907. 


/\nd  in  pursuance  of  said  ordinances  was  dul}'  prepared  and  enacted  ac- 
cording to  law,  the  ordinance  in  revision,  numbered  22902.  approved  March 
19.  1907,  known  as  "The  Revised  Code  of  St.  Louis.'' 

And  in  pursuance  of  said  ordinances,  and  under  the  further  authority  duly 
conferred  according  to  law  and  by  the  City  of  St.  Louis,  is  published  this  vol- 
ume containing  "The  Revised  Code  of  St.  Louis,"  being  said  ordinance  number 
22902  in  revision  of  the  general  ordinances,  a.s  therein  purported :  and  also  is 
publishe<l  the  a])pcndix  thereto  containing  the  general  ordinances  enacted  after 
the  submission  to  the  Assembly  of  said  revising  ordinance,  and  down  to  the 
closeof  the  session  of  the  Municipal  Assembly  of  1906-1907,  to-wit:  Ai>ril,  1907. 

And  I  certify  that  I  have  examined  and  compared  all  the  ordinances  em- 
braced in  this  volume  with  the  original  ordinances  as  officially  enrolled  in  the 
records  of  the  Register's  Office,  and  that  all  the  said  ordinances  as  in  this  vol- 
ume published  are  true  copies  of  the  said  originals. 

A  copy  of  this  volume  with  my  original  certificate  attached  has  been  de- 
posited and  is  on  file  in  the  office  of  the  Register  of  the  City  of  St.  Louis. 

, — ^ —         In  Tkstdiony  Whereof,  I  have  hcri'imto  si't  my  liaiid.  and  affixed 
■   SEAL   -  the  seal  of  tlie  City  of  St.  Louis,  this  ittli  day  of  Oetober,  1907. 

^^^'  "  PATIIICK  J,  REGAN,  K.'trister. 


TABLE  OF  CONTENTS. 


AuthcntificatiiMi  to  Revised  Code  Page. 

rRHKIX. 

Constitution  of  the  L'nited  States 1 

I  niiex  to  same 11 

.\ct  of  Admission  of  Missouri   15 

Ordinance  of  .Vcceptance  18 

Constitution  of  Missouri 20 

Index   tliereto    66 

PART  1. 
State  Statutes  sjieeially  ai)])licable  to  the  City  of  St.  Louis 

t  annotated )    77 -Hi 

Index  thereto 225-256 

PART  II. 

Incorporation  of  tlie  Town  of  St.  Louis 250 

The  Scheme  for  the  Separation  and  Reorganization  of  tlie  City 

and  County  of  St.  Louis  (annotated  ) 264-278 

Index  thereto 279-286 

The  Charter  of  tlie  City  of  St.  Louis  (annotated) 289-461 

Index   thereto    463-542 

P.\RT  III. 

The  Revised  Code  of  St.  Louis  ( annotated) 543-1130 

Index  thereto  (including  .Appendix  )   1165-1326 

I'ART  1\'. 

Appendix  to  Revised  Code 1131-11C>4 

ADDENDUM. 
Table  of  Mayors,  .\ldermen,  Councilnien  ami  Delegates 

(1823-1007)    II-XIX 

Directory  of  the  present  members  of  tiie  Municipal  .Assembly 

(1907)    XX 

Table  of  Hoards  of  Public  Improvements  (1877-1907) XXI-XXllI 

Present  elected  City  ofTicials XXI II 

Present  appohited  City  officials .XXIII-XXX'l 

Pr<-ent  chief  assistants  to  department  heads .\X\  1 1 


CONSTITUTIOiN 


;•  TllK- 


UNITED    STATES   OF    AMERICA 


CONTENTS. 


PREAMBLE. 
Objfcts  of  the  Con9titu:lon. 
ARTICLE  I— Of  the  Legislative  Power. 

SECTION 

I.  Legrlslutlve  powers,  where  vesteil. 
Mouse  of  Representatives,  how  and 
by  whom  eht>sen. — iiualitlcatlons  of 
a  Representative  —  representatives 
and  direct  taxes,  how  apportioned 
— census — vacancies  to  be  lUled  — 
power  of  choosing  ofllcers.  and  of 
Impeachment. 

^.  Senators,  election  and  term  of — how 
classllled — State  executive  to  make 
temporary  appointments  In  case, 
etc. — ciualltlcatlons  of  a  St-nator-*- 
I'resldent  of  the  Senate,  his  rlpht 
to  vote — President  pro  teni.  and 
other  oftlcers  of  the  Senate,  how 
chosen — power  to  try  Impeach  ■ 
ments — when  F'resldent  Is  tried, 
chief  Justice   to   preside — sentence. 

<  Times,  etc..  of  holding  elections,  how 
prescribed — one  session  in  each 
year, 

a.  Powers  of  each  House — expulsion—- 
Journal  and  yeas  and  nays — time  of 
adjournment  limited,  unless,  etc. 

•V  I'ompensatlon  —  privilege  from  arrest 
and  f»)r  speeeit — distiualllleatloii  In 
certain  cases. 

7.  House  to  originate  all  revenue  bills 
— veto — bill  may  be  passed  by  lwt»- 
thlrds  of  each  House,  notwithstand- 
ing, etc, — bill  not  returned  in  ten 
days — orders,  resolutions  and  votes, 

A.      General   powers  of  Congress. 

9.  Limitations  of  the  powers  of  Con- 
gress— migration — habeas  corpus — 
Idlls  of  attalntler,  etc.- — taxes — no 
•  xport  d\ity — no  commercial  prefer- 
ences— no  titular  nobility— ofllcers 
not  to  receive  presents. 
Limitations  of   tlie   powers  of  States. 

ARTICLE   II— The   Executive   Power. 

SECTION 

1.      Pr»'Sldfnl     and     Vice-President,    their 
l*'rni     »>f     i>fhce — time     of     i-hooslng 
electors — who  ma.v  be  elected   Pres- 
ident— In   case  of  the   removal     •  t 
of     the     President,     his    power> 
vnlv..       on       Vic.     Pr.  sident  —  li-     i 
.1    :  '  5    compens    ■  -^    oath. 

i  ■         ' .  nt    to    bf 

.^.■t  ..f         • 


•  r-ln-chlef 
I        making 
unint — to      nil 


inleate  to  Con- 
convene     and      adlmirn 
.vhen — ..*hali    recel\.-    .« 
execute    laws    and    «  ■■■;. 
:i    ofllcers. 
ival    of   ofllcers    by    Impeach- 


ARTICLh:    III— The   Judiciary 


power,     tenure.     comp*'nsa- 


rach  State — 

to    he    dellv- 

to     service. 


SECTION 

I.      Judicial 
tlon. 

1".  Judicial  power,  to  what  cases  It  ex- 
tends— original  and  appellate  juris- 
diction of  Supreme  Court — of  trial 
for    crimes,    where, 

■''.  Treason  denned— proof  of— punish 
ment   of, 

.\KTICLE  IV — Miscellaneous  Provisions. 
SECTION 

1.  Credit    to     be    given     to     public    act;.. 

etc.,   of   every   State. 

2.  Privileges  of  citizens  of 

fugitives    from   Justice 

ered     up — persons     held 

having   escaped,    to   be   delivered   up, 
^      .Vdmisslon  of  new  States — of  tlie  tei-- 

rltory   of   the    I'nited    States. 
4.     Republican       form       of        government 

guaranteed   to   the  several  States. 

ARTICLE    V. 

(ToQStltutlon,    how  amen<led — ^provlso. 

ARTICLE     VI. 

Of  the  public  debt — supremacy  of 
the  Constitution — treaties  and  laws 
of  the  United  .States — oath  to  sup- 
port Constitution,  by  whom  taken 
— no    religious    test. 

ARTICLE    \il. 
Ratification. 

AMENDMENTS. 
ARTICLE 

1.  Religion,  establishment  of  prohibit- 
ed— freeilom  of  speech,  of  the 
press,   and   right   to   petition. 

-,      Right  to  keep  and   bear  arms. 

1.  No  soldier  to  be  quartered  In  any 
house,   unless,  etc. 

t  Right  of  search  and  seizure  regu- 
lated. 
Provisions  concerning  prosecutions, 
trials  and  punishments — private 
property  not  to  be  taken  for  public 
use,    without,    etc. 

i;  Trial  In  criminal  cases;  the  rights 
of  a  tlefemlanl. 

7.     Trial   In  civil  cases. 

.S.      Excessive   tines,  etc..   prohibited, 

9.      Rights   ri'Served. 
III.      Powers     reserved     to     the     State     or 


It 


people. 
Jiiillcilil 

\   :     .      r:  ■ 

I'ltlz.'nsli^ 

of    rep! 

Electiv.-    I 


power — limitation    of. 

■  •f     ■  I-etlng     President     and 

■  -.  ;    nt. 

—  uppurtloninent 
etc. 


>  ?        o    -.     ,   CONSTITUTION  OF  THE  UNITED  STATES  OF  AMERICA. 

-  r    >  -^  •"  J  ;f  •  ^  *  ■ 

Preamble. — We,  the  people  of  the  United  States,  in  order  to  form  a  more  perfect 
union,  establish  justice,  insure  domestic  tranquility,  provide  for  the  common 
defense,  promote  the  general  welfare,  and  secure  the  blessings  of  liberty  to 
ourselves  and  our  posterity,  do  ordain  and  establish  this  CONSTITUTION 
FOR  THE  UNITED  STATES  OF  AMERICA. 

ARTICLE  I. 

OP  THE   LEGISLATIVE   POWER. 

Section  1.  Legislative  power,  where  vested. — All  legislative  powers  herein 
granted  shall  be  vested  in  a  Congress  of  the  United  States,  which  shall  consist 
of  a  Senate  and  House  of  Representatives. 

Sec.  2.  House  of  Representatives,  Ijow  and  by  whom  chosen. — The  House 
of  Representatives  shall  be  composed  of  members  chosen  every  second  year  by 
the  people  of  the  several  States,  and  the  electors  in  each  State  shall  have  the  quali- 
fications requisite  for  electors  of  the  most  numerous  branch  of  the  State  Legis- 
lature. 

Qualifications  of  Representative. — No  person  shall  be  a  Representative  who 
shall  not  have  attained  to  the  age  of  twenty-five  years  and  been  seven  years  a 
citizen  of  the  United  States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of 
that  State  in  which  he  shall  be  chosen. 

Apportionment  of  Representatives  and  direct  taxes — census. — Representa- 
tives and  direct  taxes  shall  be  apportioned  among  the  several  States  which  may 
be  included  within  this  Union,  according  to  their  respective  numbers,  whicli  shall 
be  determined  by  adding  to  the  whole  number  of  free  persons,  including  those 
bound  to  service  for  a  term  of  years,  and  including  Indians  not  taxed,  three-fifths 
of  all  other  persons.  The  actual  enumeration  shall  be  made  within  three  years 
after  the  first  meeting  of  the  Congress  of  the  United  States,  and  within  every 
subsequent  term  of  ten  years,  in  such  manner  as  they  shall  by  law  direct.  The 
number  of  Representatives  shall  not  exceed  one  for  every  thirty  thousand,  but 
each  State  shall  have  at  least  one  representative,  and  until  such  enumeration 
shall  be  made,  the  State  of  New  Hampshire  shall  be  entitled  to  choose 
three,  Massachusetts  eight,  Rhode  Island  and  Providence  Plantations  one,  Con- 
necticut five.  New  York  six.  New  Jersey  four,  Pennsylvania  eight,  Delaware  one, 
Maryland  six,  Virginia  ten.  North  Carolina  five.  South  Carolina  five,  and  Georgia 
three. 

Vacancies  in  House  of  Representatives. — When  vacancies  happen  in  the  rep- 
resentation from  any  State,  the  executive  authority  thereof  shall  issue  writs 
of  election  to  fill  such  vacancies. 

Speaker  and  officers  of  House — impeachment. — The  House  of  Representatives 
shall  choose  their  speaker  and  other  officers;  and  shall  have  the  sole  power  of 
impeachment. 

Sec.  3.  .Senator.s^-eleotion  and  term  of. — The  Senate  of  the  United  States 
shall  be  composed  of  two  Senators  from  each  State,  chosen  by  the  Legislature 
thereof,  for  six  years;  and  each  senator  shall  have  one  vote. 

Division  into  classes — vacancies — qualifications. — Immediately  after  they  shall 
be  assembled  in  consequence  of  the  first  election,  they  shall  be  divided  as  equally 
as  may  be  into  three  classes.  The  seats  of  the  Senators  of  the  first  class  shall  be 
vacated  at  the  expiration  of  the  second  year,  of  the  second  class  at  the  expiration 
of  the  fourth  year,  and  of  the  third  class  at  the  expiration  of  the  sixth  year,  so 
that  one-third  may  be  chosen  every  second  year;  and  if  vacancies  happen  by 
resignation,  or  otherwise,  during  the  recess  of  the  Legislature  of  any  State,  the 
executive  thereof  may  make  temporary  appointments  until  the  next  meeting  of 
the  Legislature,  which  shall  then  till  such  vacancies.  No  person  shall  be  a  Senator 
who  shall  not  have  attained  to  the  age  of  thirty  years,  and  been  nine  years  a 
citizen  of  the  United  States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of 
that  State  for  which  he  shall  be  chosen. 

Vice-President. — The  Vice-President  of  the  United  States  shall  be  President 
of  the  Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

President  pro  tem.  and  other  officers  of  Senate. — The  Senate  shall  choose 
their  other  officers,  and  also  a  President  prn  tempore,  in  the  absence  of  the  Vice- 
President,  or  when  he  shall  exercise  the  office  of  President  of  the  United  States. 

Impeachment,  power  to  try — pre.sidin};  officer  on  trial. — The  Senate  shall 
have  the  sole  power  to  try  all  impeachments.  When  sitting  for  that  purpose,  they 
shall  be  on  oath  or  affirmation.  When  the  President  of  the  United  States  is 
tried,  the  Chief  Justice  shall  preside;  and  no  person  shall  be  convicted  without 
the  concurrence  of  two-thirds  of  the  members  present. 

Judsment  on  Impeachment. — Judgment  in  cases  of  impeachment  shall  not  ex- 
tend further  than  to  removal  from  office,  and  disqualification  to  hold  and  enjoy 
any  office  of  honor,  trust  or  profit  under  the  United  States;  but  the  party  convicted 
shall  nevertheless  be  liable  and  subject  to  indictment,  trial,  judgment  and  punish- 
ment   according    to    law. 


CONSTITITION  OF  TIIK  L'NITED  STATKS  OF  AMERICA.  3 

Sec.  4.  Election  of  Soiiators  mid  K<'|)roKeiiliitivos — scssion.s  of  Coiiftrpss.— • 
The  times,  places  and  manner  of  hoUlinK  elections  for  Senators  and  Representa- 
tives shall  be  prescribed  in  each  State  by  the  Legislature  thereof;  but  the  Congress 
may  at  any  time,  by  law,  make  or  alter  such  regulations,  except  as  to  the  places 
of  choosing  Senators.  The  Congress  shall  assemble  at  least  once  in  every  year, 
and  such  meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall, 
by   law.   appoint   a   different   day. 

Sec.  5.  yuiililicatioiis  of  members — jiidfies  of,  quorum. — Each  house  shall 
be  the  judge  of  the  elections,  returns  and  qualifications  of  its  own  members,  and 
a  majority  of  each  shall  constitute  a  (luorum  to  do  business;  but  a  smaller  number 
may  adjourn  from  day  to  day,  and  may  be  authorized  to  compel  the  attendance 
of  absent  members,  in  such  manner  and  under  such  penalties  as  each  house  may 
provide. 

Uule.s  of  proceedings — contempt.s,  expulsions.  Kach  house  may  determine 
the  rules  of  its  proceedings,  punish  its  members  for  disorderly  behavior,  and,  with 
the  coneurrence  of  two-thirds,  expel   a   member. 

•lourniils — yeas  and  nays. — Kach  house  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting  such  parts  as  may  in  their 
Judgment  require  secrecy:  and  the  yeas  and  nays  of  the  members  of  either  house 
on  any  question  shall,  at  the  desire  of  one-fifth  of  those  present,  be  entered  on 
the  journal. 

.Vdjournnients. — Neither  house,  during  the  session  of  Congress,  shall,  without 
the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  the  two  houses  shall  be  sitting. 

Sec.  6.  Coni|H-nsation  of  menilM-rs — privilefjes. — The  Senators  and  Repres- 
entatives shall  receive  a  compensation  for  their  services,  to  be  ascertained  by 
law,  and  paid  out  of  the  treasury  of  the  United  States.  They  shall,  in  all  cases, 
except  treason,  felony  and  breach  of  the  peace,  be  privileged  from  arrest  during 
their  attendance  at  the  session  of  their  respective  houses,  and  in  going  to  and  re- 
turning from  the  same;  and  for  any  speech  or  debate  in  either  house,  they  shall 
not  be  questioned  in  any  other  place. 

InelJKibilily  to  office. — No  Senator  or  Representative  shall,  during  the  time 
for  which  he  was  elected,  be  appointed  to  any  civil  office  under  the  authority  of 
the  United  States,  which  shall  have  been  created,  or  the  emoluments  whereof  shall 
have  been  increased,  during  such  time;  and  no  jjerson  holding  any  office  under 
the  United  States  shall  be  a  member  of  either  house  during  his  continuance  in 
office. 

Sec.  7.  Uevenue  Rills — where  to  ori^nate. — All  bills  for  raising  revenue 
shall  originate  in  the  House  of  Representatives;  but  the  Senate  may  propose  or 
concur  with  amendments  as  on  other  bills. 

Bills,  approval  of  President — veto  pr<H'eedin);s  Ihercon. — Every  bill  which 
shall  have  passed  the  House  of  Representatives  and  the  Senate  shall,  before  it 
become  a  law,  be  presented  to  the  President  of  the  United  States;  if  he  ajjprove 
he  shall  sign  it,  but  if  not  he  shall  return  it  with  his  objections  to  that  house  in 
which  it  shall  have  originated,  who  shall  enter  the  objections  at  large  on  their 
journal,  and  proceed  to  reconsider  it.  If  after  such  reconsideration  two-thirds  of 
that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  objections, 
to  the  other  house,  by  which  it  shall  likewise  be  reconsidered,  and  if  approved 
by  two-thirds  of  that  house.  It  shall  become  a  law.  Hut  in  all  such  cases  the  votes 
of  both  houses  shall  be  determined  by  yeas  and  nays,  and  the  names  of  persons 
voting  for  and  against  the  bill  shall  be  entered  on  the  journal  of  each  house 
respectively.  If  any  bill  shall  not  be  returned  by  the  President  within  ten  days 
(Sundays  excepted)  after  it  shall  have  been  jireseuted  to  him.  the  same  shall 
be  a  law.  In  like  manner  as  if  he  had  signed  it.  unless  the  congress  by  their 
adjournment  prevent  Its  return,  in  which  case  it  shall  not  be  a  law. 

Orders,  resolutions  and  voles — President's  approval,  veto. — Every  order,  reso- 
lution or  vote  to  which  the  concurrence  of  the  Senati-  iiiul  House  of  Representatives 
may  be  necessary  I  except  on  a  question  of  adjournment)  shall  be  presented  to  the 
President  of  the  United  States,  and,  before  the  same  shall  take  effect,  shall  be 
approved  by  him,  or,  being  disapproved  by  him,  shall  be  repassed  by  two-thirds 
of  the  Senate  and  House  of  Representatives,  according  to  the  rules  and  limitations 
prescribed  In  the  case  of  a  bill. 

Sec.  8.      Powers  of  ("onRrcss.- -The  Congress  shall  have  power: 

To  lay  and  collect  ta.xes.  duties.  Imposts  and  excises,  to  pay  the  debts  and 
provide    for    the    common    defense    and    general    welfare    of    the    United 
States;   but  all  duties,  imposts  and  excises  shall  be  uniform   throughout 
the  United  States; 
To  borrow  money  on  the  credit  of  the  ITnlted  Slates; 

To  regulate  commerce  with  foreign  nations,  and  among  the  several  States, 
and  with  the  Indian  tribes: 


4  ro.vsTiTi'TiON  (:>F  rnio  fNiTKn  states  of  amkrica. 

To  establish  an   unifonii   rule  of  naturalization,  and   uniform   laws  on   the 

subject  of  bankrui)tcies.  throughout  the  United  States; 
To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin,  and  fix  the 

standard   of  weights   and   measures: 
To  provide  for  the  punishment  of  counterfeiting  the  securities  and  current 

coin  of  the  United  States; 
To  establish   postoffices  and   post   roads: 

To  ijroniote  the  progress  of  science  and  useful  arts,  by  securing  for  limited 
times   to   authors   and   inventors   the   exclusive   right   to   their   respective 
writings  and  discoveries; 
To  constitute  tribunals  inferior  to  the  supreme  court; 
To  define  and  punish  piracies  and  felonies  committed  on  the  high  seas,  and 

offenses  against   the   law  of   nations; 
To  declare  war.  grant  letters  of  marque  and  reprisal,  and  make  rules  con- 
cerning captures  on  land  and  water: 
To  raise  and   support  armies,   but  no  appropriation   of  money   to  that   use 

shall  be  tor  a  longer  term  than  two  years: 
To   provide  and  maintain  a  navy; 
To  make  rules  for  the  government   and   regulation  of  the  land   and   naval 

forces; 
To  provide  for  calling  forth  the  milita  to  execute  the  laws  of  the   Union, 

suppress   insurrections   and    repel    invasions: 
To   provide    for   organizing,    arming   and    disciplining   the    militia,    and    for 
governing  such   part  of  them  as  may  be  employed  in   the  service  of  the 
United  States,  reserving  to  the  States  respectively  the  appointment  of  the 
officers,  and  the  authority  of  training  the  militia  according   to  the  dis- 
cipline prescribed   by  Congress; 
To  exercise  exclusive  legislation,  in  all  cases  whatsoever,  over  such  district 
(not  exceeding  ten  miles  square)  as  may,  by  cession  of  particular  States, 
and  the  acceptance  of  Congress,   become  the  seat  of  government  of  the 
United  States,  and  to  execute  like  authority  over  all  places  purchased  by 
the  consent  of  the  legislature  of  the  State  in  which  the  same  shall  be,  for 
the  erection  of  forts,  magazines,  arsenals,  dock  yards  and  other  needful 
buildings;  and 
To   make   all   laws   which   shall    be   necessary   and   proper   for  carrying   into 
execution  the  foregoing  powers,  and  all  other  powers  vested  by  this  con- 
stitution in  the  government  of  the  United  States,  or  in  any  department  or 
officer   thereof. 
Sec.    9.      Migration   and  iiiiportatiun   of  persons. — The   migration   or   importa 
tion  of  such  persons  as  any  of  the  States  now  existing  shall  think  proper  to  admit. 
shall    not    be    prohibited    by    the   Congress    prior   to   the    year   one    thousand    eight 
hundred  and  eight,   but   a   tax  or  duty   may   be   imposed   on   such   importation,   not 
exceeding  ten  dollars  for  each  person. 

Writ  of  habeas  corpus. — The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended  unless  when  in  cases  of  rebellion  or  invasion  the  |)ublic  safety  may 
require   it. 

IJills  of  attaiiulcr  and  cv  post  facto  laws. — Xo  bill  of  attainder  or  <:r  post  facto 
law  shall  be  passed. 

Capitation  and  direct  taxes. — No  capitation  or  other  direct  tax  shall  be  laid, 
unless  in  iiroporlion  to  the  census  or  enumeration  hereinbefore  directed  to  be 
taken. 

Taxation  on  expoits — Coniniercial  regulations. — No  tax  or  duty  shall  be  laid 
on  articles  exported  from  any  State.  No  preference  shall  be  given  by  any  regula- 
tion of  commerce  or  revenue  to  the  ports  of  one  State  over  those  of  another;  nov 
shall  vessels  bound  to  or  from  one  State  be  obliged  to  enter,  clear  or  pay  duties  in 
another. 

Appropriations  of  pul)lic  nionc.y — accounts. — No  money  shall  be  drawn  from 
the  treasury  but  in  consequence  of  appropriations  made  by  law-;  and  a  regular 
statement  and  account  of  the  receipts  and  expenditures  of  all  public  money  shall 
be    published    from    time   to   time. 

Titles  of  nobility — presents,  etc.,  to  officers. — No  title  of  nobility  shall  be 
granted  by  the  United  States;  and  uo  person  holding  any  office  of  profit  or  trust 
under  them  shall,  without  the  consent  of  the  Congress,  accept  of  any  present, 
emolument,  office  or  title,  cf  any  kind  whatever,  from  any  king.  iM'ince  or  foreign 
state. 

Sec.  10.  Limitations  of  the  |>owers  of  states. — No  State  shall  enter  into  any 
treaty,  alliance  or  confederation:  grant  letters  of  marque  and  reiirisal;  coin 
money:  emit  bills  of  credit:  make  anything  but  gold  and  silver  coin  a  tender  in 
(layment  of  debts:  pass  any  bill  of  attainder,  e.r  post  facto  law.  or  law  impairing 
the  obligation  of  contracts,  or  grant  any  title  of  nobility. 


rONSTlTI'TIoN  OK  ■rilH  TNITKM  STATi:s  ol'  AMi:ittr.\  5 

No  state  shall,  without  the  consent  of  the  Congress,  lay  any  imposts  or  duties 
on  imports  or  exports,  except  what  may  he  absolutely  necessary  for  executing  its 
Inspection  laws;  and  the  net  produce  of  all  duties  and  imposts  laid  by  any  State  on 
im|)orts  or  exiiorts  shall  be  for  the  use  of  the  treasury  of  the  United  States;  and  all 
such  laws  shall  be  subject  to  the  revision  and  control  of  the  Congress. 

No  State  shall,  without  the  consent  of  Congress,  lay  any  duty  of  tonnage, 
keep  troops  or  ships  of  war  in  time  of  peace,  enter  into  any  agreement  or  compact 
with  another  State,  or  with  a  foreign  power,  or  engage  in  war,  unless  actually  in- 
vaded, or  In  such  iniiuinent  danger  as  will  not  admit  of  delay. 

A1{TICIJ>:   II. 

OF  THK   EXKCl'TIVE. 

Section  1.  I'rc>iilfnl  and  \'ice-I*r«'si(leiit — term  of  oflUc,  election  of. — The 
executive  |)0wer  shall  be  vested  in  a  President  of  the  United  States  of  America. 
He  shall  hold  his  office  during  the  term  of  four  years,  and,  together  with  the  Vice- 
President,  chosen  for  the  same  time,  be  elected  as  follows: 

Each  State  shall  a|)point.  In  such  manner  as  the  legislature  thereof  may  direct, 
a  number  of  electors,  equal  to  the  whole  number  of  Senators  and  Rrepresentatlves 
to  which  the  State  may  be  entitled  in  the  Congress:  but  no  Senator  or  Representa- 
tive, or  person  holding  an  office  of  trust  or  profit  under  the  United  States,  shall  be 
appointed  an  elector. 

[The  electors  shall  meet  In  their  resi)ective  Slates,  and  vote  by  ballot  for  two 
persons,  of  whom  one  at  least  shall  not  be  an  inhabitant  of  the  same  State  with 
themselves.  And  they  shall  make  a  list  of  all  the  persons  voted  for,  and  of  the 
number  of  votes  for  each;  which  list  they  shall  sign  and  certify,  and  transmit 
sealed  to  the  seat  of  government  of  the  United  States,  directed  to  the  President 
of  the  Senate.  The  president  of  the  Senate  shall,  in  the  presence  of  the  Senate  and 
House  of  Representatives,  open  all  the  certificates,  and  the  votes  shall  then  be 
counted.  The  person  having  the  greatest  number  of  votes  shall  be  the  President, 
If  such  number  be  a  majority  of  the  whole  number  of  electors  appointed;  and  if 
there  be  more  than  one  who  have  such  majority,  and  have  an  equal  number  of 
votes,  then  the  House  of  Representatives  shall  Immediately  choose  by  ballot  one  of 
them  for  President:  and  if  no  person  have  a  majority,  then  from  the  five  highest 
on  the  list,  the  said  House  shall  in  like  manner  choose  the  President.  But  in 
choosing  the  President,  the  votes  shall  be  taken  by  States,  the  representation  from 
each  State  having  one  vote;  a  quorum  for  this  purpose  shall  consist  of  a  member 
or  members  from  two-thirds  of  the  States,  and  a  majority  of  all  the  States  shall 
be  necessary  to  a  choice.  In  every  case,  after  the  choice  of  the  President,  the  per- 
son having  the  greatest  number  of  votes  of  the  electors  shall  be  the  Vice-President. 
But  If  there  should  remain  two  or  more  who  have  equal  votes,  the  Senate  shall 
choose  from  them  by  ballot  the  Vice-President. j 

[This  clause  has  been  superseded  by  the  twelfth  amendment.] 

Tinio  of  choosing  electors. — The  congress  may  determine  the  time  of  choosing 
the  electors,  and  the  day  on  which  they  shall  give  their  votes;  which  day  shall  be 
the  same  throughout   the   United   States. 

I'rcsick-nt'.s  qualiflcation.s. — No  person,  except  a  natural  born  citizen,  or  a 
citizen  of  the  United  States  at  the  time  of  the  adoption  of  this  constitution,  shall 
be  eligible  to  the  office  of  President;  neither  shall  any  person  be  eligible  to  that 
office  who  shall  not  have  attained  to  the  age  of  thirty-five  years,  and  been  fourteen 
years  a  resident  within  the  United  States. 

Vnranry  in  office  of  Pre.sidoiit. — In  case  of  the  removal  of  the  President  from 
office,  or  of  his  death,  resignation,  or  inability  to  discharge  the  powers  and  duties 
of  the  said  office,  the  same  shall  devolve  on  the  Vice-President,  and  the  Congress 
may.  by  law,  provide  for  the  case  of  removal,  death,  resignation,  or  inability,  both 
of  the  President  and  Vice-President,  declaring  what  officer  shall  then  act  as  Presi- 
dent, and  such  officer  shall  act  accordingly,  until  the  disability  be  removed,  or  a 
President  shall  be  elected.  The  President  shall,  at  stated  times,  receive  for  his 
services  a  compensation,  which  shall  neither  be  Increased  nor  diminished  during 
the  period  for  which  he  shall  have  been  elected,  and  he  shall  not  receive  within 
that  period  any  other  emolument  from  the  United  States,  or  any  of  them. 

Oath  of. — Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the  fol- 
lowing oath   or  affirmation: 

"I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the  office  of 
President  of  the  United  States,  and  will,  to  the  best  of  my  ability,  preserve,  protect 
and  defend  the  constitution  of  the  I'nited  Stales." 

St>c.  2.  Powers  and  duties  of  President. — The  President  shall  be  commander- 
inohlef  of  the  army  anri  navy  of  the  United  States,  and  of  the  militia  of  the  several 
States,  when  called  Into  the  actual  service  of  the  United  States;  he  may  require  the 
opinion,  in  writing,  of  the  principal  officer  in  each  of  the  executive  departments, 
upon  any  subject  relating  to  the  duties  of  their  respective  offices,  and  he  shall  have 


6  CONSTITUTION  OF  THE  UNITED  STATES  OF  AMERICA. 

power  to  grant  reprieves  and  pardons  for  offenses  against  the  United  States,  except 
in  cases  of  impeachment.  He  shall  have  power,  by  and  with  the  advice  and  consent 
of  the  Senate,  to  make  treaties,  provided  two-thirds  of  the  Senators  present  concur; 
and  he  shall  nominate,  and,  by  and  with  the  advice  and  consent  of  the  Senate, 
shall  appoint  ambassadors,  other  public  ministers  and  consuls,  judges  of  the 
Supreme  Court,  and  all  other  officers  of  the  United  States  whose  appointments  are 
not  herein  otherwise  provided  for,  and  which  shall  be  established  by  law;  but  the 
Congress  may,  by  law,  vest  the  appointment  of  such  inferior  officers,  as  they  thinic 
proper,  in  the  President  alone,  in  the  courts  of  law,  or  in  the  heads  of  departments. 

Vacancies  in  office. — The  President  shall  have  power  to  fill  up  all  vacancies 
that  may  happen  during  the  recess  of  the  Senate,  by  granting  commissions,  which 
shall  expire  at  the  end  of  their  next  session. 

Sec.  3.  Powers  and  duties  of  President,  continued. — He  shall,  from  time  to 
time,  give  to  the  Congress  information  of  the  state  of  the  Union,  and  recommend  to 
their  consideration  such  measures  as  he  shall  judge  necessary  and  expedient;  he 
may,  on  extraordinary  occasions,  convene  both  houses,  or  either  of  them,  and  in 
case  of  disagreement  between  them,  with  respect  to  the  time  of  adjournment,  he 
may  adjourn  them  to  such  time  as  he  shall  think  proper;  he  shall  receive  ambas- 
sadors and  other  public  ministers;  he  shall  take  care  that  the  laws  be  faithfully 
executed,  and  shall  commission  all  the  officers  of  the  United  States. 

Sec.  4.  Conviction  of  treason,  etc. — The  President,  Vice-President,  and  all 
civil  officers  of  the  United  States,  shall  be  removed  from  office  on  impeachment  for 
and  conviction  of  treason,  bribery,  or  other  high  crimes  and  misdemeanors. 

ARTICLE  III. 

OF  THE  JUDICIARY. 
Section    1.      Judicial    power — .judges — compensation — tenure    of    office. — The 

judicial  power  of  the  United  States  shall  be  vested  in  one  Supreme  Court,  and  in 
such  inferior  courts  as  the  Congress  may  from  time  to  time  ordain  and  establish. 
The  judges,  both  of  the  supreme  and  inferior  courts,  shall  hold  their  offices  during 
good  behavior,  and  shall,  at  stated  times,  receive  for  their  services  a  compensa- 
tion, which  shall  not  be  diminished  during  their  continuance  in  office. 

Sec.  2.  Judicial  power — e.xtends  to  what^ — Supreme  Court,  jurisdiction  of. — 
The  judicial  power  shall  extend  to  all  cases,  in  law  and  equity,  arising  under  this 
Constitution,  the  laws  of  the  United  States,  and  treaties  made  or  which  shall  be 
made  under  their  authority;  to  all  cases  affecting  ambassadors,  other  public 
ministers,  and  consuls;  to  all  cases  of  admiralty  and  maritime  jurisdiction;  lo 
controversies  to  which  the  United  States  shall  be  a  party;  to  controversies  between 
two  or  more  States;  between  a  State  and  citizens  of  another  State;  betweei 
citizens  of  different  States;  between  citizens  of  the  same  State  claiming  lands  under 
grants  of  different  States,  and  between  a  State,  or  the  citizens  thereof,  and  foreign 
States,  citizens  or  subjects. 

In  all  cases  affecting  ambassadors,  other  public  ministers  and  consuls,  and 
those  in  which  a  State  shall  be  party,  the  supreme  court  shall  have  original  juris- 
diction. In  all  the  other  cases  before  mentioned  the  Supreme  Court  shall  have 
appellate  jurisdiction,  both  as  to  law  and  fact,  with  such  exceptions  and  under 
such  regulations  as  the  Congress  shall  make. 

The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be  by  jury;  and 
such  trial  shall  be  held  in  the  State  where  the  said  crimes  shall  have  been  com- 
mitted; but  when  not  committed  within  any  State,  the  trial  shall  be  at  such  place 
or  places  as  the  Congress  may  by  law  have  directed. 

Sec.  3.  Treason  against  the  United  States. — Treason  against  the  United  States 
shall  consist  only  in  levying  war  against  them,  or  in  adhering  to  their  enemies, 
giving  them  aid  and  comfort.  No  person  shall  be  convicted  of  treason  unless  on 
the  testimony  of  two  witnesses  to  the  same  overt  act,  or  on  confession  in  open 
court. 

The  Congress  shall  have  power  to  declare  the  punishment  of  treason,  but  no 
attainder  of  treason  shall  work  corruption  of  blood,  or  forfeiture  except  during  the 
life  of  the  person  attainted. 

.ARTICLE  IV. 

MISCELLANEOUS   PROVISIONS. 

Section  1.  Records  and  .judicial  proceedings  of  sister  States. — Full  faith  and 
eredit  shall  be  given  in  each  State  to  the  public  acts,  records  and  judicial  proceed- 
ings of  every  other  State.  And  the  Congress  may  by  general  laws  prescribe  the 
manner  in  which  such  acts,  records  and  proceedings  shall  be  proved,  and  the  effect 
thereof. 

Sec.  2.  Privileges  and  immunities  of  the  citizens  of  several  States. — The  citi- 
zens of  each  State  shall  be  entitled  to  all  privileges  and  immunities  of  citizens  in 
the  several  States. 


CONSTITI'TION  OF  THK  I'NITKD  STATES  OK  AMKUICA.  7 

FuRitives  from  justice. — A  person  chargptl  In  <iny  State  with  treason,  felony 
or  other  iTime.  who  shall  flee  from  justice  and  be  found  In  another  State,  shall,  on 
demand  of  the  executive  authority  of  the  State  from  which  he  fled,  be  delivered 
up  to  be  removed  to  the  State  haviuK  jurisdiction  of  the  crime. 

FuKitives  from  service  or  labor. — No  person  held  to  service  or  labor  in  one 
?tate.  under  the  laws  thereof,  escapinp  into  another,  shall  In  consequence  of  any 
law  or  regulation  therein,  be  discharged  from  such  service  or  labor,  but  shall  be 
delivered  up  on  claim  of  the  party  to  whom  such  service  or  labor  may  be 
due. 

Sec.  3.  .\dniission  of  new  States. — New  States  may  be  admitted  by  the  Con- 
gress into  this  I'nion;  but  no  new  State  shall  be  formed  or  erected  within  the 
Jurisdiction  of  any  other  State,  nor  any  State  be  formed  by  the  junction  of  two  or 
more  States  or  parts  of  States,  without  the  consent  of  the  Legislatures  of  the 
States  concerned  as  well  as  of  the  Congress. 

Government  of  I'nited  States — territory  and  properly. — The  Congress  shall 
have  power  to  dispose  of  and  make  all  needful  rules  and  regulations  respecting  the 
territory  or  other  property  belonging  to  the  I'nited  States;  and  nothing  in  this 
Constitution  shall  be  so  construed  as  to  prejudice  any  claims  of  the  United  States  or 
of  any  particular  State. 

Sec.  4.  (iuaraiity  to  each  Stale  of  a  lU-publican  form  of  government. — The 
United  States  shall  guarantee  to  every  State  in  this  Union  a  republican  form  of 
government,  and  shall  protect  each  of  them  against  invasion,  and,  on  application 
of  the  Legislature  or  of  the  executive  (when  the  Legislature  cannot  be  convened), 
against  domestic  violence. 

.\KTICLK  V. 

Annmliiu-iiis  to  (  iinsi ii uiion. — The  Congress,  whenever  two-thirds  of  both 
houses  shall  deem  it  necessary,  shall  propose  amendments  to  this  Constitution,  or 
on  the  application  of  the  Legislatures  of  two-thirds  of  the  several  States,  shall  call 
a  convention  for  proposing  amendments,  which  in  either  case  shall  be  valid  to  all 
Intents  and  purposes  as  part  of  this  Constitution,  when  ratified  by  the  Legislatures 
of  three-fourths  of  the  several  States,  or  by  conventions  In  three-fourths  thereof, 
as  the  one  or  the  other  mode  of  ratification  may  be  proposed  by  the  Congress: 
Provided,  That  no  amendment  which  may  t)c  made  prior  to  the  year  one  thousand 
eight  hundred  and  eight  shall  in  any  manner  affect  the  first  and  fourth  clauses 
in  the  ninth  section  of  the  first  article;  and  that  no  State,  without  its  consent. 
shall  be  deprived  of  its  equal  suffrage  in  the  Senate. 

AHTICLi:  VT. 

Debts  prior  to  adoption  of  Con.stitulion.  .\11  debts  contracted  and  engage- 
ments entered  into  before  the  adoption  of  this  Constitution  shall  be  as  valid  against 
the  United  States  under  this  Constitution  as  under  the  confederation. 

Supreme  law  of  the  land. — This  Constitution  and  the  laws  of  the  United  States 
which  shall  be  made  in  pursuance  thereof,  and  all  treaties  made  or  which  shall  be 
made  under  the  authority  of  the  United  States,  shall  be  the  supreme  law  of  the 
land;  and  the  judges  in  every  State  shall  be  bound  thereby,  anything  in  the  Con- 
stitution or  laws  of  any  State  to  the  contrary  notwithstanding. 

Oath  to  support  Constitution  of  I'nited  States — no  religious  test  for  United 
States  ofllre. — The  Senators  and  Representatives  before  mentioned,  and  the  mem- 
bers of  the  several  State  Lgislatures,  and  all  executive  and  judicial  officers,  both 
of  the  United  States  and  of  the  several  States,  shall  be  bounti,  by  oath  or  affirma- 
tion, to  support  this  Constitution;  but  no  religious  test  shall  ever  be  required  as 
a  qualification  to  any  office  or  public  trust  under  the  United  states. 

.\UTK  I,F  ML 

Ralincation  of  Constitution. — The  ratification  of  the  conventions  of  nine  States 
shall  be  sufficient  for  the  establishment  of  this  Constitution  between  the  States  so 
ratifying  the  same. 

Done  In  convention,  by  the  unanimous  consent  of  the  States  present,  the 
seventeenth  day  of  September,  in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  eighty-seven  and  of  the  Independence  of  the  United  States  of  America,  the 
twelfth.     In  witness  whereof,  we  have  hereunto  subscribed  our  names. 

GEORGE  WASHINGTON,  President. 

Attest:     WILLI A.M  JACKSON.  Secretaru- 


AMENDMENTS  TO  THE  CONSTITUTION. 

PROPOSED  BY  CONGRESS.  AND  RATIFIED  BY  THE  LEGISLATURES  OF  THE 

SEVERAL  STATES,  PURSUANT  TO  THE  FIFTH  ARTICLE  OF  THE 

ORIGINAL  CONSTITUTION. 


ARTICLE  I. 


Religious  liberty — freedom  of  speech — right  of  ijetition. — Congress  shall  make 
no  law  respecting  an  establishment  of  religion,  or  prohibiting  the  free  exercise 
thereof;  or  abridging  the  freedom  of  speech,  or  of  the  press,  or  the  right  of  the 
people  peaceably  to  assemble,  and  to  petition  the  government  for  a  redress  of 
grievances. 

ARTICLE  II. 

Right  to  hear  arms. — A  well  regulated  militia  being  necessary  to  the  security 
of  a  free  State,  the  right  of  the  people  to  keep  and  bear  arms  shall  not  be  in- 
fringed, 

ARTICLE  III. 

Quartering  of  soldiers. — No  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner,  nor  in  time  of  war  but  in  a  manner 
prescribed  by  law, 

ARTICLE  IV. 

Unreasonable  searches,  seizures,  etc.,  prohibited. — The  right  of  the  people  lo 
be  secure  in  their  persons,  houses,  papers  and  effects  against  unreasonable  searches 
and  seizures  shall  not  be  violated,  and  no  warrants  shall  issue  but  upon  probable 
cause,  supported  by  oath  or  affirmation,  and  particularly  describing  the  place  to  be 
searched,  and  the  persons  or  things  to  be  seized. 

ARTICLE  V. 

Rights  of  persons  accused  of  crime — right  of  property,  etc. — No  person  shail 
be  held  to  answer  for  a  capital  or  otherwise  infamous  crime  unless  on  a  present- 
ment or  indictment  of  a  grand  jury,  except  in  cases  arising  in  the  land  or  naval 
forces,  or  in  the  militia,  when  in  actual  service  in  time  of  war  or  public  danger; 
nor  shall  any  person  be  subject  for  the  same  offense  to  be  twice  put  in  jeopardy  of 
life  or  limb;  nor  shall  be  compelled  in  any  criminal  case  to  be  a  witness  against 
himself,  nor  be  deprived  of  life,  liberty  or  property  without  due  process  of  law; 
nor  shall  private  property  be  taken  for  public  use  without  just  compensation. 

ARTICLE  VL 

Criminal  prosecutions — speedy  trial,  etc. — In  all  criminal  prosecutions,  the 
accused  shall  enjoy  the  right  to  a  speedy  and  public  trial  by  an  impartial  jury  of 
the  State  and  district  wherein  the  crime  shall  have  been  committed,  which  district 
shall  have  been  previously  ascertained  by  law,  and  to  be  informed  of  the  nature 
and  cause  of  the  accusation;  to  be  confronted  with  the  witnesses  against  him;  to 
have  compulsory  process  for  obtaining  witnesses  in  his  favor,  and  to  have  the 
assistance  of  counsel  for  his  defense. 

ARTICLE  VII. 

Trial  by  jury  in  civil  actions. — In  suits  at  common  law  where  the  value  tn  con- 
troversy shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved, 
and  no  fact  tried  by  a  jury  shall  be  otherwise  re-examined  in  any  court  of  the 
United  States,  than  according  to  the  rules  of  common  law. 


AMKNIiMENTS    TO    THR    CONSTITUTION    OK   TllK    TNITKI)    STATRS.  9 

AUTICLE  VIII. 

Kxivssivi'  fliu's,  i-tc,  |>r<ihiliiti-<l. — Excessive  bail  shall  not  be  required,  nor  ex- 
cessive fines  imposed,  nor  crml  ami  unusual  punishment  Inflicted. 

AKTULE  IX. 

ItiKlit.s  reliiined  l)y  tlie  people. — The  enumeration  in  the  Constitution  of  certain 
rights  shall  not  be  construed  to  deny  or  disparage  others  retained  by  the  people. 

AKTICIiE  X. 

Powers  rt-M-ivid  l<>  the  Stale  or  people. — The  i)o\vers  not  delegated  to  the 
United  Slates  by  the  Constitution,  nor  prohibited  by  it  to  the  States,  are  reserved 
to  the  States  respectively,  or  to  the  people. 

.VKTICLE  XI. 

Judicial  power — liniitalion  on. — The  judicial  power  of  the  United  States  shall 
not  be  construed  to  extend  to  any  suit  in  law  or  equity  commenced  or  prosecuted 
against  one  of  the  United  States  by  citizens  of  another  State,  or  by  citizens  or  sui)- 
jects  of  any  foreign  State. 

AUTICLE  XII. 

Election  of  President  and  Vici'-President. — The  electors  shall  meet  in  their 
respective  States  ami  vote  l)y  ballot  for  President  and  Vice-President,  one  of 
whom  at  least,  shall  not  be  an  inhabitant  of  the  same  State  with  themselves;  they 
shall  name  In  their  ballots  the  person  voted  for  as  President,  and  In  distinct  ballots 
the  person  voted  for  as  Vice-President,  and  they  shall  make  distinct  lists  of  all 
persons  voted  for  as  President,  and  of  all  persons  voted  for  as  Vice-President,  and 
of  the  number  of  votes  for  each,  which  list  they  shall  sign  and  certify,  and  transmit 
sealed  to  the  seat  of  the  government  of  the  United  States,  directed  to  the  president 
of  the  Senate;  the  president  of  the  Senate  shall,  in  presence  of  the  Senate  and  House 
of  Representatives,  open  all  certificates,  and  the  votes  shall  then  be  counted;  the 
person  having  the  greatest  number  of  votes  for  President  shall  be  President,  if 
such  number  be  a  majority  of  the  whole  number  of  electors  appointed;  and  if  no 
person  have  such  majority,  then  from  the  persons  having  the  highest  number  not 
exceeding  three  on  the  list  of  those  voted  for  as  President,  the  House  of  Represent- 
atives shall  choose  Immediately,  by  ballot,  the  President.  But  in  choosing  the 
President,  the  votes  shall  be  taken  by  States,  the  representation  from  each  State 
having  one  vote;  a  quorum  for  this  puri)ose  shall  consist  of  a  member  or  members 
from  two-thirds  of  the  States,  and  a  majority  of  all  the  States  shall  be  necessary 
to  a  choice.  And  If  the  House  of  Representatives  shall  not  choose  a  President 
whenever  the  right  of  choice  shall  devolve  upon  them  before  the  fourth  day  of 
March  next  following,  then  the  Vice-President  shall  act  as  President,  as  in  the  case 
of  death  or  other  constitutional  disability  of  the  President.  The  iierson  having  the 
greatest  number  of  votes  as  Vice-President  shall  be  the  Vice-President,  if  such 
number  be  a  majority  of  the  whole  number  of  electors  appointed,  and  if  no  person 
have  a  majority,  then  from  the  two  highest  numbers  on  the  list  the  Senate  shail 
choose  the  Vice-President;  a  quorum  for  the  purpose  shall  consist  of  two-thirds  of 
the  whole  number  of  Senators,  and  a  majority  of  the  whole  number  shall  be  nece-;- 
sary  to  a  choice.  But  no  person  constitutionally  ineligible  to  the  ofSce  of  President 
shall  be  eligible  to  that  of  Vice-President  of  the  United  States. 

AUTICLE  XIII. 

Section  1.  siaviry  proliibited. — Neither  slavery  nor  involuntary  servitude,  ex- 
cept as  a  punlshmcni  for  crime,  whereof  the  party  shall  have  been  duly  convicted, 
shall  exist  within  the  United  States  or  any  place  subject  to  their  jurisdiction. 

Sec.  2  Enforcement  of  prohibition. — Congress  shall  have  power  to  enforce 
this  article  by  appropriate  legislation. 

AUTI(M>E  XIV. 

Section  1.  Citi7.<Mishl|i — rights  of  citizens — due  process  of  law  and  equal  pro- 
tection of  the  laws.  —  All  persons  born  or  naturalized  in  the  I'nited  Slates  and  sub- 
ject to  the  Jurisdiction  thereof  are  citizens  of  the  United  States  and  of  the  State 
wherein  they  reside.  No  State  shall  make  or  enforce  any  law  which  shall  abridge 
the  privileges  or  immunities  of  citizens  of  the  United  States,  nor  shall  any  State 
deprive  any  person  of  life,  liberty  or  property  without  due  process  of  law,  nor 
deny  to  any  person  within  its  jurisdiction  the  equal  protection  of  the  laws. 


10  AMENDMENTS   TO    THE    CONSTITUTION  OF  THE   UNITED    STATES. 

Sec.  2.  Apportionniciit  of  Representatives. — Representatives  shall  be  appor- 
tioned among  the  several  States  according  to  their  respective  numbers,  counting 
the  whole  number  of  persons  in  each  State,  excluding  Indians  not  taxed.  But  when 
the  right  to  vote  at  any  election  for  the  choice  of  electors  for  President  and  Vice- 
President  of  the  United  States,  Representatives  in  Congress,  the  executive  and 
judicial  officers  of  a  State,  or  the  members  of  the  Legislature  thereof,  is  denied  to 
any  of  the  male  inhabitants  of  such  State,  being  twenty-one  years  of  age  and  citi- 
zens of  the  United  States,  or  in  any  way  abridged,  except  for  participation  in  re- 
bellion or  other  crime,  the  basis  of  representation  therein  shall  be  reduced  in  the 
proportion  which  the  number  of  such  male  citizens  shall  bear  to  the  whole  number 
of  male  citizens  twenty-one  years  of  age  in  such  State. 

Sec.  3.  Disqualifications  to  hold  office. — No  person  shall  be  a  Senator  or 
Representative  in  Congress,  or  elector  of  President  or  Vice-President,  or  hold  any 
office,  civil  or  military,  under  the  United  States  or  under  any  State,  who,  having 
previously  taken  an  oath  as  a  member  of  Congress  or  as  an  officer  of  the  United 
States,  or  as  a  member' of  any  State  Legislature,  or  as  an  executive  or  judicial 
officer  of  any  State,  to  support  the  Constitution  of  the  United  States,  shall  have  en- 
gaged in  insurrection  or  rebellion  against  the  same,  or  given  aid  or  comfort  to  the 
enemies  thereof.  But  Congress  may,  by  a  vote  of  two-thirds  of  each  house,  re 
move  such  disability. 

Sec.  4.  Public  debt. — The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts  incurred  for  payment  of  pensions  and  bounties 
for  services  in  suppressing  insurrection  or  rebellion,  shall  not  be  questioned.  But 
neither  the  United  States  nor  any  State  shall  assume  or  pay  any  debt  or  obligation 
incurred  in  aid  of  insurrection  or  rebellion  against  the  United  States,  or  any  claim 
for  the  loss  or  emancipation  of  any  slave,  but  all  such  debts,  obligations  and  claims 
shall  be  held  illegal  and  void. 

Sec.  5.  The  Congress  shall  have  power  to  enforce,  by  appropriate  legislation, 
the  provisions  of  this  article. 

ARTICLE  XV. 

Section  1.  Elective  franchise. — The  rights  of  citizens  of  the  United  States  to 
vote  shall  not  be  denied  or  abridged  by  the  United  States,  or  any  State,  on  account 
of  race  or  color,  or  previous  condition  of  servitude. 

Sec.  2.  The  Congress  shall  have  power  to  enforce  this  article  by  appropriate 
legislation. 


INDEX  TO  THE  CONSTITUTION  OF  THE  UNITED  STATES. 


A  Art.  Sec. 

ACTS— 

records  and  Judicial  proceed- 
liiKS  of  fuch  State  entitled 
to    faith    and    credit    In    other 

States    ■•  1 

AM  ION  1  >M  KNTS — 

to  the  Constitution,  how  made      a  1 

APPOINTMIONTS— 

to  be  made  by  the  president..      -'  2 

APrOKTlONMKNT— 

of   representatives    1  - 

ditto  Amendments  1 1  2 

APPROPUIATIONS — 

by    law 1  9 

for    army    not    to    exceed    two 

vears    1  S 

AUMIKS— 

eongress  to   raise  and  support     I  S 

AKMS — 

riBht    of    the    people     to    keep 

and  bear .-Vmendments      1.' 

.\RTS   .\NI)   SCIENCES — 

to  bo  promoted 1  S 

ASSEMBLE— 

people    mav    Amendments      1 

ATTAINKEU— 

bill  of.   prohibited  to  congress     1  9 

prohibited   to   the   States 1  10 

of  treason  shall  not  work  cor- 
ruption of  blood  or  forfeit- 
ure, except  during  the  life  of 
the   person   attainted ■!  ^ 

B 
BAIL — 

exce-sslve,     not     required 

Amendments     .s 

HANKRl'PTCY   L.VWS — 

to   be   uniform I  S 

BILL.S— 

for  raising  revenue  shall  orig- 
inate In  the  house  of  repre- 
sentatives          1  ~ 

before  they  become  laws  shall 
be  passed  by  both  houses 
and  approved  by  the  presi- 
dent, or.  If  disapproved,  shall 
be  passed  by  two-thirds  of 
each  house    I  " 

not  returned  In  ten  days,  tin- 
less  an  adjournment  Inter- 
vene,   shall    be   laws I  7 

BORROW    MONEY— 

Congress  may    I  8 


CAPITATION  TAX— 

apportionment  of    1  9 

CENSl'S — 

or    enumeration,    to    be    made 

every   ten  years I  2 

CITIZENS— 

of  each  .'Jtato  shall  be  entltleil 
to  the  privileges  and  Immu- 
nities of  citizens  In  the  sev- 
eral  Slates    4  2 

of  the   United  States,   who  are 

Amendments    I  I  1 

of  the  I'nlted  States  not  to  be 
abridged  In  privileges,  etc.. 
by   any    State.  .    Amendments    l.'>  1 

CLAIMS— 

no   prejudice   to  certain 4  3 

CLAIMS — 

of  the  United  States,  or  of  the 
several  Slates,  not  to  be  pr*-- 
Judioed    by    ony    construction 

of    the    Constitution 4  3 

COASTINC,   TRADE — 

regulations  resp»Tting  1  ■• 


COINS— 
congress 
eign    .  . 


to    llx    value    of    for- 


Art 

1 


COMMERCE — 

congress  to  regulate 1 

regulations  respecting,  to  be 
equal  and   uniform 1 

COMMISSIONS— 

to  be  granted  by  the  president      2 

COMMON   LAW — 

recognized  and  established.  . .  . 
Amendments     7 

CONGRESS — 

vested  with  power 1 

may  alter  the  regulations  of 
State  legislatures  concerning 
elections  of  senators  and 
representatives,  except  as  to 
place  of  choosing  senators..  1 
shall  assemble  once  every  year  1 
officers  of   government  cannot 

be    members   of I 

may  provide  for  cases  of  re- 
moval, death,  etc.,  of  presi- 
dent and   vice-president 2 

may  determine  the  time  of 
choosing  electors  of  presi- 
dent   and    vice-president 2 

may  Invest  the  appointment  of 
inferior  ofllcers  In  the  presi- 
dent alone.   In  courts  of  law, 
or  the  heads  of  departments.      2 
may    establish    courts    Inferior 

to    the   supreme   court 3 

may  declare  the  punishment  of 

treason    •      ■» 

may  prescribe  the  manner  of 
proving  the  acts  and  records 

of  each   State • 

to  assent   to   the   formation   of 

new  States 

may  propose  amendments  to 
Constitution  or  call  a  con- 
vention     

to  lay  and  collect  duties 

to  borrow   money 

to    regulate    commerce 

to  establish  uniform  laws  of 
bankruptcy  and  naturaliza- 
tion     ■  ■ 

to  coin  money,  regulate  the 
value  of  coin  and  llx  a  stand- 
ard of  weights  and  measures 

to  punish  counterfeiting 

to  constitute  tribunals  Inferior 

to  the  supreme  court 

to  define  and  punish  pirates, 
felonies  on  high  seas  and  of- 
fenses   against    the    laws    of 

nations   • 

to    establish    post-ofnccs    and 

post-roads    

to  authorize  patents  to  auth- 
ors   and     Inventors 

to  declare  »var.  grant  letters 
of    marnue    and     make    rules 

concerning    captures     

to  raise  and  support  armies., 
to  provide  and  maintain  a  navy 
to  make  r\iles  for  the  govern- 
ment of  the  army  and  navy 
to  call  out  the  militia  In  cer- 
tain  cases    •  •  •  ■  ■ 

to  organize,  arm  and  disci- 
pline   militia    

to     exercise     exclusive     legisla- 
tion over  seat  of  government 
to  pass  laws  necessary   to  car- 
ry    the     enumerated     powers 
Into    effect    


Sec. 


12 


INDEX     U.     S.     CONSTITUTION. 


CONGRESS— Continued.  Art.  Sec. 

to  dispose  of  and  make  rules 
ooncerning  the  territory  or 
other  property  of  the  United 

States     i  3 

may  enforce  art.  XIII  of 
amendment     by     appropriate 

legislation     Amendments   13  2 

may  remove  disabilities  aris- 
ing   out    of    participation    in 

rebellion    Amendments   14  3 

mav      enforce      art.      XIV'      of 

amendment     by     appropriate 

legislation     ....Amendments   14  5 

mav       enforce       art.       XV       of 

amendment     by     appropriate 

legislation     Amendments   15  2 

president  may  convene  and 
adjourn,   in   certain   cases....      2  3 

CONSTITUTION — 

how   amended    S  1 

laws   and    treaties    declared    to 

be    the    supreme    law C  1 

rendered  operative  by  the  rat- 
ification   of    nine    States 7  1 

CONTRACTS — 

no  law  impairing  to  be  enact- 
ed   by    a   State 1  10 

CONVENTIONS— 

for    proposing   amendments    to 

the    constitution     5  1 

COI'NTERFKITING — 

congress     to     provide     for     the 

punishment   of    1  8 

COURT.    SUPREME— 

its  original  and  appellate  jur- 
isdiction          3  - 

COl'RTS — 

inferior    to    the    supreme   court 

mav  be  ordained  by  congress     1  S 

inferior  to  the  supreme  court 
mav  be  ordained  by  congress      3  1 

CRIMES— 

persons  accused  of.  fleeing 
from  justice,  may  be  de- 
manded           ^  •; 

how    to   be    tried 3 

CRIMINAL  PROSECUTIONS— 

proceedings    in    case    of 

Amendments     6 

D 

DEBT.    PUBLIC — 

validity  of  not  to  be  ques- 
tioned        Amendments  14  4 

DEBTS— 

against  the  confederation  to 
be   valid    S  1 

incurred  in  aid  of  rebellion, 
and  claims  for  loss  of  slaves, 

illegal    and    void 

Amendments  14  4 

DISABILITIES — 

incurred  by  reason  of  partici- 
pation  in   rebellion 

Amendments  14  2 

DUTIES— 

to  be  laid  by  congress,  and  to 
be    uniform    1 

further  provision   respecting..      1 

cannot  be  laid  by  the  States..      1 

on    exports    prohibited 1 

on  imports  and  exports  im- 
posed by  States  shall  inure 
to       the       treasury       of       the 

United   States    1 

E 
ELECTIONS — 

of  senators  and  representa- 
tives shall  be  prescribed  by 
the    States    1 

qualifications    and    returns    of 
members    of    congress    to    be 
determined    by    each    house..      1 
ELECTORS — 

of  president  and  vice-presi- 
dent, how  chosen  and  their 
duties    2 

alterations  as   to.  Amendments  12 

to  vote  the  same  day  through- 
out  the  United  States 2 

no  senator  or  representative, 
or  public  officer,   shall   serve 


9 

10 

9 


10 


ELECTORS — Continued.  Art.  Sec. 

disabilities  for  position  of.... 

Amendments   14  3 

ENUMERATION— 

e\'ery    ten    years 1  2 

EXECUTIVE    POWER — 

vested      in     a     president      (see 

president)     2  1 

EXPORTS— 

not    to    be    taxed 1  9 

and  imports.  States  prohibited 

from  laving  duties  on 1  10 

EX    POST    FACTO   LAW — 

none   shall    be    passed 1  9 

prohibited    to    States 1  10 


FINES— 

excessive,    prohibited    

Amendments     8 

FUGITIVES — 

from  justice  to  be  delivered  up     4 
from  service  may  be  reclaimed      4 

H 
HABEAS   CORPUS— 

writ  of.   can   only    he   suspend- 
ed   in    cases    of    rebellion    or 

invasion     1 

HOUSE    OF    REPRESENTATIVES — 
(see    representatives.) 


IMPEACHMENT— 

to  be  brought  by  house  of  rep- 
resentatives          1  2 

tried  by  the  senate 1  3 

judgment    on    1  3 

all   civil   officers  liable  to 2  4 

IMPORTATION    OF   SLAVES — 

not   prohibited   till    180S 1  9 

INVOLUNTARY   SERVITUDE — 
prohibited    except    as    punish- 
ment  for  crime. Amendments   13  1 

.1 
JUDGES— 

shall   hold   their  offices  during 

good    behavior    3  1 

their   compensation    3  1 

JUDICIARY — 

tribunals    inferior    to    supreme 

court   mav    be   created 1  » 

JUDICIAL   POWER — 

vested  in  a  supreme  court  and 

court   inferior    3  1 

powers   of    the    judiciary 3  2 

restrictions  as  to  suits  against 

a  State    Amendments   11 

JUDICIAL    PROCEEDINGS— 

of  each  State  are  entitled  to 
faith     and     credit     in     every 

State     i  1 

JURY   TRIAI^—  .     ,,    . 

secured  and  shall  be  held  in 
the  State  where  the  crime 
shall   have  been   committed..      3  2 

further  regulated  .  Amendments    6 
secured     in     suits    at     common 
law   where  the   value  in   con- 
troversy shall  exceed  twenty 
dollars    Amendments     7 


LAW — 

what  is  declared  the  supreme.      6 
common,     recognized     and     es- 
tablished     Amendments      i 

president    to    see    them    faith- 
fully   executed    2 

LEGISLATIVE    POWERS— 

vested    in    congress — see    Con- 
gress. 
LOANS—  , 

authority  to  make i 

M 
MARQUE   AND   REPRISAL— 

letters   of    ^ 

MILITIA—  , 

to   be   called  out J 

to   be   officered   by    the   State..      1 
to  be  commanded  by  the  pres- 


ident 


INDEX    TO    U.    S.    CONSTITUTION. 


13 


MILITIA— Continu.-<l  Vrt 

thi-lr    rlg-ht    to    keep   nnd    bear 
arms   secured.  .  .Amendments      2 
MONK Y — 

shall  be  drawn  from  the 
treasury  only  by  appropria- 
tion   law    I 

oonsress  to  coin  and  regiiiati- 
value   of.   and    borrow 1 

States    eannot    coin 1 

N 

NATl'ltALIZATION  — 

uniform    rules   of i 

NAVY— 

oonsreas   to   provide   and   rov- 

ern     i 

NOBILITY—  

titles  of.  shall  not  be  granted 

by  the  United  States 1 

nor  by   the  States 1 


OATH—  O 

of  president    

OFFENSKS— 

against    law  of  nations 

president   may    grant    pardons, 
etc 

no    person    to    be    put    twice    iti 
Jeopardy    Amendments 

of  public  officers 

OFFICIO— 

who  Ineligible  for  member  of 
congress    

senator  or  representative  liot 
eligible  for  other  office 
when     

holder  of,    not    to   accept   pres- 
ent     or      emolument       from 
foreign    king,    etc 

term  of  president  nnd  vice- 
president     

who  precluded  from  office  of 
elector 


vacancies,  when  filled  by  pres- 
ident          2 

commissions  to  expire  at  end 
of  ne.xt  session  of  congress 
when    '     o 

who      ineligible      as      senator 

representative       or       elector 

OFFfcERsl- Amendments   14 

of  the  house  of  representa- 
tives shall  bo  chosen  by  the 
house    I 

of  the  senate  shall  be  chosen 
by    the    senate 1 

civil,  may  be  removed  by  Im- 
peachment      -> 

OUDER—  

of  one  house  requiring  the 
concurrence  of  the  other. ...      1 

I'ARDONS—  r 

I.  .JK^J«*.l,'!'^"'    '"*>■    Krant 2 

I  ATI'jNT  s — 

j"  be  granted  to  Inventors....      1 

held  to  service  or  labor,  their 
Importation  or  migration  into 
the  I'nited  States  may  be 
prohibited    after    ISOS..  i 

••si  aping     from     one     state     to 
another  shall  be  delivered  up 
rKTlTION—  """"*''    '"   »«"-vlce.      4 

lirtlvCY— ' Amendments      I 

congress   to    prescribe   punish- 

n-.ent    for    1 

I'.>ST.«>|-I-ICES   AND   POST-ROADS- 
estal>H8hmi-nt  of    .  .  .  i 

nut  il'l. gated  to  congress  nor 
prohibited  to  the  States  are 
resirved    Amendments    10 

legislative — see     nmrrat 

.■xecutlve— see    tm.dtHl. 

from  foreign  powers  to  public 
officers    prohibited  1 


Sec. 


10 


s 

s 

•I 
10 

1 

s 


I'KIOSS— 

freedom   of   Aiiu'iuliiunt..'i 

PRICSIDKNT  OF  THE  UNITlOl,  ST 
vested  with  the  executive  power 
shall   be  chosen  for  four  years 
how    elected    

*"*"",*;„■  ■  •; Amendnient-s  : 

fiualifications   for    

who  will  act  In  case  of  vacancy 

lompeii.satioM  of   

sliall   take  an  oath  of  office!!! 
may    be    removed    by    impeach- 
ment     

commander  of  army,  navy  arid 

militia . 

may  require  tlie  written  opin- 
ions of  the  heads  of  depart- 
ments     

may   reprieve  and   pardon  ! !  !    ' 
may    make    treaties    with    the 

consent   of   the  senate... 
may  appoint  to  office  with  the 

consent   of  the  senate 

shall  nil  up  vacancies  happen- 
ing during  the   recess  of   the 

senate     

shall  give  Information  to  con- 
gress and  recommend  meas- 
ures     

may    convene    botiv  houses    or 

either   house    

may   adjourn    them    In   case  of 

<llsagreement    

shall   receive  ambassadors  and 

public    ministers    

shall    take   care    that    the    laws 

be    faithfully    executed     

shall  commission  all  officers 
PRn'ILEOES— 

and  immunities  of  meml>.-rs  of 

congress    

of  citizens.     (See    citizens:     also 
rights') 
PROI'IJHTV— 

congress  to  provide  for  care  of 

public     

.-iliall  not  be  taken  for  public 
use    without    Just    compensa- 

„,...?"'"     Amendments 

PINISHMENTS — 

cruel  and  unusual,  prohibited 
Amendments      I 

y 

QVARTERING— 

of    troops    Amendments     ; 

Ql  OKl'M — 

for  business,  what  shall  be  a .  .      1 
of  States  In   choosing  a   presi- 
dent   by    the    liouse   of   repre- 
sentatives      i 


Art. 
1 
ATI 


R 

REBELLION- 

disabilities  incurred  bv  reason 

of  participation   in 

RECEIPT.^ Amendments   H 

and  expenditures,  accounts  of 

to    be   published I 

RECORDS- 

how  to  be  authenticated 4 

RELIC.ION— 

no  law  to  be  made  prohibiting 

free    exercise    of 

Amendments      I 

religious    test    not    riMiuired..        i; 
REPRESENTATIVES.    HOUSE   OF— 
composed    of    members    chosen 

every    second    year i 

fiualifications    of    voters i 

<|ualification    of    members 1 

Amendments    1 4 

apportlonnvnt   of    i 

apriortlonmint    of.Amendments   11 

vacancli's.    how    supplied I 

shall   choose    their  officers....      1 
shall    have    tile    power    of    ini- 

peachment    i 

sliall  l>e  the  Judge  of  tlie  elec- 
tion  anil  i|Uallficntinns  of  Its 

memhi-rs \ 

what  sluill   ill-  a  i|uorum !      1 


Sec. 

CS — 
1 
1 


14 


INDEX    TO    U.    S.    CONSTITUTION. 


REPRESENTATIVES— HOUSE    OF— 

Continued.  Art.  &ec. 

any      number      may      adjourn, 
and    compel    the    attendance 

of  absentees    1  * 

REPRESENTATION— 

basis  of,   when   reduced. .. 

Amendments  14  i 

REPRIEVES--  9  ■> 

granted   by   the   president i- 


SENATE    AND    SENATORS— 

how  chosen,  classed  and  terms 

of    service     } 

qualifications  of  senators.....      i 

^  Amendments   14 

vice-president   to   be   president 

of    the    ■  ■ \ 

shall   choose    their  officers....      i 
shall  be  the  judge  of  the  elec- 
tion and  qualifications  of  its 

members    • 

what  number  shall  be  a  quo- 
rum        ; 

any  number  may  adjourn,  and 
compel  the  attendance  of  ab- 
sentees     • \ 

may    determine    its    rules......      i 

may  punish  or  expel  a  member     1 
shall  keep  a  journal  and  pub- 
lish   the    same,    except    parts 

requiring   secrecy    '■ 

shall  not  adjourn  for  more 
than  three  days,  nor  to  any 
other  place,  without  the  con- 

sent  of  the  other  house 1 

one-fifth  may  require  the  yeas 

and  nays /•■;' 

may    propose    amendments    to 

bills  for  raising  revenue l 

shall    try    impeachments i 

effect    of     their    judgment    on 

impeachment    ^ 

compensation  to  be  ascer- 
tained   by    law \ 

privileged  from  arrest •      i 

not  questioned  for  any   speech 

or  debate    ;  \' ' ck' '      \ 

shall  not  be  appointed  to  office      1 

senator   shall   not   be   elect  or  2 

SENATORS  AND   REPRESENTATIVES- 

elections  of.   how   prescribed..      1 
SERVITUDE.    INVODUNTAR\— - 
prohibited,    except    as    punish- 
ment  for  crime  .Amendments  13 

not  to  exist  within  the  United 
States   or   any    place    subject- 
to   their  jurisdiction.........        ' 

Amendments  13 

SLAVES-^  .  ,,        ^, 

their  importation  may  be  pro- 

hibited  after  180S 1 

escaping  from  one  State  to  an- 

other  mav  be  reclaimed 4 

SOLDIERS— 

not  quartered  on  citizens.  .... 
_. Amendments     3 

SPEAKER—'  , 

how    chosen    

freedom  of   Amendments     1 

every     guaranteed   a   republic- 
an'form  of  government  pro- 

tected   bv  United  States 4 

STATES   PROHIBITED   FROM— 
entering    into    treaty,    alliance 

or   confederation    \ 

granting  letters  of  marque...      l 

coining    money \ 

emitting  bills  of  credit    ....  ..      i 

making  anything  a  tender  but 

gold   and   silver   coin.. i 

passing    bills    of    attainder,    ex 
post  facto  laws,  or  laws  im- 

pairing    contracts } 

granting  titles  of  nobihty  .  ...      1 
laying    duties   on    imports   and 

exports    • \ 

laving    duties    on    tonnage 1 

keeping  troops  or  ships  of  war 
In  time  of  peace ^ 


1 


by 


1 


the 


10 
10 
10 
10 

10 


10 
10 


10 
10 


WAR—                   ^      ,  , 

congress   to   declare ..      ^ 

^^^f?r^^eI?Ses      and      seizures. 

wjienandhowthe^-^shan--      ^ 

WITNESS— 

in  criminal  cases,  no  one  com- 
pelled to  be   against   himself 

.  .    Amendments      ■> 
WEIGHTS  AND  MEASURES— 

standard  of  

T 
TEAS  AND  NATS— 

enterei   on   journal 


STATES    PROHIBITED    FROM— 

Continued.  Art.  Sec. 

entering  into  any  agreement 
or      contract      with      another 

State    or   foreign    power 1  10 

engaging   in    war 1  10 

denying  or  abridging  the  right 

of    citizens    to    vote 

Amendments   15  1 

STATES — 

new.  may  be  admitted  into  the 

Union   4  i 

mav  be  formed  within  the  jur- 
isdiction of  others,  or  by  the 
junction  of  two  or  more, 
with  the  consent'  of  congress 
and  the  legislatures  con- 
cerned          ^  ' 

STATE    JUDGES — 

bound  to  consider  treaties,  the 
Constitution     and      the    laws 

under  it   as   supreme 6 

SUITS   AT   COMMON    DAW — 

proceedings    in  ..  .Amendments      i 
SUPREME   COURT— 

(See  courts  and  judiciary.) 
T 
TAX  DIRECT— 

according  to  representation.  .  .      1 
shall    be   laid  only    in    propor- 
tion  to   census 1 

TAIX— 

on    exports    prohibited 1 

TENDER—  ,  , 

•what   shall   be  a   legal 1 

TERRITORY — 

or    public    property,     congress 
may  make  rules  concerning.      4 
TEST—  ^  -AC 

religious,  shall  not  be  required      6 
TITLES — 

(See  nobility.) 

rprfpT    J^ 

from    foreign    State    prohibited 
TREASON — 

defined    ••••:•• 

two     witnesses    or     confession 
necessary    for   conviction.... 
punishment     of     may     be    pre- 
scribed by  congress 

TREASURY— 

money     drawn     from    only 

appropriation     

TREATIES-  , 

how  made    " 

the    supreme    law » 

States   can   not    make i 

VACANCIES — 

happening    during    the    recess 
may  be  filled  temporarily   by      ^ 

the    president    

in    representation    in   congress. 

how  filled   ^i^-,;,;,™ 

VETO   OF  THE    PRESIDENT— 

effect   of   and    proceedings   on.      1 

VICE-PRESIDENT  OF  THE  L.  S.— 

to  be   president  of  the  senate.      1 

how   elected    ,•••;■    -.Z 

how  elected Amendments  1.; 

shall      in     certain     cases     dis- 
charge   the    duties    of    presi-      ^ 

dent    ; .*  ■ 

may    be   removed   by    impeach-      _^ 

ment    

VOTE —  .    . 

of     one     house     requiring 
concurrence  of  the  other 
W 


10 


IC 


ACT  OF  ADMISSION  OF  MISSOURI. 

AN  ACT  TO  AUTIIOKIZH  TlIC  I'KOl'I.K  OF  Till':  .MISSOIUI  TIQRRITORY  TO 
FORM  A  CONSTITUTION  AND  STATE  GOVERNMENT,  AND  FOR  THE 
ADMISSION  OF  SUCH  STATE  INTO  THE  UNION  ON  AN  EQUAL  FOOTIN;} 
WITH  THE  ORIGINAL  STATES,  AND  TO  PROHIBIT  SLAVERY  IN 
CERTAIN  TERRITORIES. 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  the  inhabitants  of  that  por- 
tion of  the  Missouri  Territory  included  within  the  boundaries  hereinafter  desisnated, 
be  and  they  are  hereby  authorized  to  form  for  themselves  a  Constitution  and  State 
Government,  and  to  assume  such  name  as  they  shall  deem  proper;  and  the  said 
State,  when  formed,  shall  be  admitted  into  the  Union  upon  an  equal  footing  with 
the  original  States,  in  all  respects  whatsoever. 

Sec.  2.  And  be  it  further  enacted.  That  the  said  State  shall  consist  of  all  the 
territory  included  within  the  following  boundaries,  to  wit:  Beginning  in  the  mid- 
dle of  the  Mississippi  river,  on  the  parallel  of  thirty-six  degrees  of  north  latitude; 
thence  west,  along  that  parallel  of  latitude,  to  the  St.  Francis  river;  thence  up 
and  following  the  course  of  that  river,  in  the  middle  of  the  main  channel  thereof, 
to  the  parallel  of  latitude  thlrty-slx  degrees  and  thirty  minutes;  thence  west  along 
the  same  to  a  point  where  the  said  parallel  Is  Intersected  by  a  meridian  line  passing 
through  the  middle  of  the  mouth  of  the  Kansas  river,  where  the  same  empties  into 
the  Missouri  river;  thence  from  the  point  aforesaid,  north,  along  lh(>  said  meridian 
line,  to  the  Intersection  of  the  parallel  of  latitude  which  i)asses  through  the  rapids 
of  the  river  Des  Moines,  making  the  said  line  to  correspond  with  the  Indian 
boundary  line;  thence  east  from  the  point  of  Intersection  last  aforesaid,  along  the 
said  parallel  of  latitude,  to  the  middle  of  the  channel  of  the  main  fork  of  the  said 
river  Des  Moines;  thence  down  and  along  the  middle  of  the  main  channel  of  the 
said  river  Des  Moines,  to  the  mouth  of  the  same,  where  it  empties  into  the  Missis- 
sippi river;  thence  due  east  to  the  middle  of  the  main  channel  of  the  Mississippi 
river;  thence  down  and  following  the  course  of  the  Mississippi  river,  in  the  middle 
of  the  main  channel  thereof,  to  the  place  of  beginning:  Provided.  That  said  State 
shall  ratify  the  boundaries  aforesaid:  (o)  and  provided  also.  That  the  .said  State 
shall  have  concurrent  jurisdiction  on  the  river  Mississippi,  and  every  other  river 
bordering  on  the  said  State,  so  far  as  the  said  rivers  shall  form  a  common  bound- 
ary to  the  said  State  and  any  other  State  or  States,  now  or  hereafter  to  be  formed 
and  bounded  by  the  same — such  rivers  to  be  common  to  both;  and  that  the  river 
Mississippi,  and  the  navigable  rivers  and  waters  leading  to  the  same,  shall  be 
common  highways,  and  forever  free,  as  well  to  the  inhabitants  of  the  said  State  as 
to  the  other  citizens  of  the  United  States,  without  any  tax,  duty.  Impost  or  toll 
therefor   Imposed   by   the  said   State. 

Sec.  3.  And  be  it  further  enacted,  That  all  free  white  male  citizens  of  the 
United  States,  who  shall  have  arrived  at  the  age  of  twenty-one  years,  and  have 
resided  In  said  territory  three  months  previous  to  the  day  of  election,  and  all  other 
persons  qualified  to  vote  for  representatives  to  the  General  Assembly  of  the  said 
territory,  shall  be  qualified  to  be  elected,  and  they  are  hereby  qualified  and  author- 
ized to  vote,  and  choose  representatives  to  form  a  convention,  who  shall  be  ap- 
portioned amongst  the  several  counties  as  follows:  From  the  county  of  Howard, 
five  representatives;  from  the  county  of  Cooper,  three  representatives;  from  the 
county  of  .Montgomery,  two  representatives;  from  the  county  of  Pike,  one  represent- 
ative; from  the  county  of  Lincoln,  one  representative;  from  the  county  of  St. 
Charles,  three  representatives;  from  the  county  of  Franklin,  one  representative; 
from  the  county  of  St.  Louis,  eight  representatives;  from  the  county  of  .lefferson, 
one  representative;  from  the  county  of  Washington,  three  representatives;  from  the 
county  of  Ste.  Genevieve,   four  representatives;   from  the  county  of  Madison,  one 

to)      The   territory    now   covered   by   the  I  of   June   7,    1836.   Annexed    to    the   State   of 

counties    of    Andrew.    Atchison.    Hiiclmnan.  1  Missouri.       As    to    the     boundaries    of    the 

Holt,    Nodnwny    and    Plntte.    known    as    the  City   of  St.    LiOtils.   see   Scheme   Sec.    I:   also 

Platte    purchase,    was    by   act   of   Congress  I  Charter  Art.   I.  See.   2. 


18  ACT  OF  ADMISSION  OF  MISSOUUI. 

representative;  from  the  county  of  Cape  Girardeau,  five  representatives;  from  tne 
rounty  of  New  Madrid,  two  representatives;  from  the  county  of  Wayne,  and  that 
portion  of  the  county  of  Lawrence  that  falls  within  the  Doundaries  herein  desig- 
nated, one  representative.  And  the  election  for  the  representatives  aforesaid  shall 
be  holden  on  the  first  Monday,  and  two  succeeding  days,  of  May  next,  throughout 
the  several  counties  aforesaid,  in  the  said  territory,  and  shall  be  in  every  respect 
held  and  conducted  in  the  same  manner,  and  under  the  same  regulations,  as  pre- 
scribed by  the  laws  of  the  said  territory  regulating  elections  therein  for  members 
of  the  General  Assembly,  except  that  the  returns  of  the  election  in  that  portion 
of  Lawrence  county  included  in  the  boundaries  aforesaid  shall  be  made  to  the 
county  of  Wayne,  as  is  provided  in  other  cases  under  the  laws  of  said  territory. 

Sec.  4.  And.  be  it  further  enacted.  That  the  members  of  the  convention  thus 
duly  elected  shall  be,  and  they  are  hereby  authorized  to  meet  at  the  seat  of  gov- 
ernment of  said  territory,  on  the  second  Monday  of  the  month  of  June  next;  and 
the  said  convention,  when  so  assembled,  shall  have  power  and  authority  to  adjourn 
lo  any  other  place  in  the  said  territory  which  to  them  shall  seem  best  for  the  con- 
venient transaction  of  their  business;  and  which  convention,  when  so  met,  shall 
first  determine,  by  a  majority  of  the  whole  number  elected,  whether  it  be  or  be 
not  expedient  at  that  time  to  form  a  constitution  and  State  government  for  the 
lieople  within  the  said  territory,  as  included  within  the  boundaries  above  desig- 
nated; and  if  it  be  deemed  expedient,  the  convention  shall  be  and  hereby  is  author- 
ized to  form  a  constitution  and  State  government,  or,  if  it  be  deemed  more  expedi- 
ent, the  said  convention  shall  provide  by  ordinance  for  electing  representatives  to 
form  a  constitution  or  frame  of  government;  which  said  representatives  shall  be 
chosen  in  such  manner,  and  in  such  proportion,  as  they  shall  designate,  and  shall 
meet  at  such  time  and  place  as  shall  be  prescribed  by  the  said  ordinance,  and  shall 
then  form  for  the  people  of  said  territory,  within  the  boundaries  aforesaid,  a  con- 
stitution and  State  government:  Provided.  That  the  same,  whenever  formed,  shall 
be  republican  and  not  repugnant  to  the  Constitution  of  the  LTnited  States,  and  that 
the  Legislature  of  said  State  shall  never  interfere  with  the  primary  disposal  of  the 
soil  of  the  United  States,  nor  with  any  regulations  Congress  may  find  necessary 
for  securing  the  title  in  such  soil  to  the  bona  fide  purchasers,  and  that  no  tax  shall 
be  imposed  on  lands  the  property  of  the  United  States;  and  in  no  case  shall  non- 
resident proprietors  be  taxed  higher  than  residents. 

Sec.  5.  And.  be  it  further  enacted.  That,  until  the  next  general  census  shall  be 
taken,  the  said  State  shall  be  entitled  to  one  representative  in  the  House  of  Repre- 
sentatives of  the  United  States. 

Sec.  6.  And.  be  it  further  enacted.  That  the  following  iiroijositions  be  and  the 
same  are  hereby  offered  to  the  convention  of  the  said  Territory  of  Missouri,  when 
formed,  for  their  free  acceptance  or  rejection,  which,  if  accepted  by  the  convention, 
shall  be  obligatory  upon  the  United  States: 

First.  That  section  numbered  sixteen  in  every  township,  and  when  such  section 
has  been  sold  or  otherwise  disposed  of.  other  lands  equivalent  thereto,  and  as  con- 
tiguous as  may  be,  shall  be  granted  to  the  State  for  the  use  of  the  inhabitants  of 
such   township,   for  the   use  of  schools. 

Second.  That  all  salt  springs,  not  exceeding  twelve  in  number,  with  six  sections 
of  land  adjoining  to  each,  shall  be  granted  to  the  said  State  for  the  use  of  said 
State — the  same  to  be  selected  by  the  Legislature  of  the  said  State,  on  or  before  the 
first  day  of  January,  in  the  year  one  thousand  eight  hundred  and  twenty-five,  and 
the  same,  when  so  selected,  to  be  used  under  such  terms,  conditions  and  regulations 
as  the  Legislature  of  said  State  shall  direct:  Provided.  That  no  salt  spring,  the 
light  whereof  now  is  or  hereafter  shall  be  confirmed  or  adjudged  to  any  individual 
cr  individuals,  shall,  by  this  section,  be  granted  to  said  State;  and.  provided  also. 
That  the  Legislature  shall  never  sell  or  lease  the  same  at  any  one  time  for  a  longer 
period  than  ten  years  without  the  consent  of  Congress. 

Third.  That  hve  per  cent  of  the  net  proceeds  of  the  sale  of  lands  lyin.g  within 
the  said  Territory  or  State,  and  which  shall  be  sold  by  Congress  from  and  after  the 
first  day  of  January  next,  after  deducting  all  exjienses  incident  to  the  same,  shall 
lie  reserved  for  making  public  roads  and  canals,  of  which  three-fifths  shall  be  a]i- 
plied  to  those  objects  within  the  State,  under  the  dierction  of  the  Legislature 
thereof,  and  the  other  two-fifths  in  defraying,  under  the  direction  of  Congress,  the 
expenses  to  be  incurred  in  making  of  a  road  or  roads,  canal  or  canals,  leading  to 
the  said  State. 

Fourth.  That  four  entire  sections  of  land  be  and  the  same  are  hereby  granted 
to  the  said  State,  for  the  purpose  of  fixing  their  seat  of  government  thereon,  whlcii 
said  sections  shall,  under  the  direction  of  the  I^egislature  of  said  State,  be  located, 
as  near  as  may  be.  in  one  body,  at  any  time,  in  such  townships  and  ranges  as  the 
Legislature  aforesaid  may  select,  on  any  of  the  public  lands  of  the  United  States; 
Provided.  That  such  locations  shall  be  made  prior  to  the  public  sale  of  the  lands 
of  the  United  States  surrounding  such  location. 


ACT  OF  ADMISSION  OF  MISSOURI. 


17 


Fifth.  Thai  thirty-six  sections,  or  one  entire  township,  whkh  sliiUl  be  desig- 
nated by  the  President  of  the  United  States,  together  with  the  other  lands  hereto- 
fore reserved  for  that  purpose,  shall  be  reserved  for  the  use  of  a  seminary  of  learn- 
ing, and  vested  In  the  Legislature  of  said  State,  to  be  appropriated  solely  to  the  u.se 
of  such  seminary  by  the  said  legislature:  rrovidcd.  That  the  five  foregoing  prop- 
ositions herein  offered  are  on  the  condition  that  the  convention  of  the  said  State 
shall  provide,  by  an  ordinance,  Irrevocable  without  the  consent  of  the  United 
States,  that  every  and  each  tract  of  land  sold  by  the  United  States,  from  and  after 
the  first  day  of  January  next,  shall  remain  exempt  from  any  tax  laid  by  order  or 
iiiuliT  llie  aiilhorltyoltheState. whftherfor  Stale,  county  or  township,  or  any  other 
purpose  whatever,  for  the  term  of  five  years  from  and  after  the  day  of  sale;  and 
ftirtlur.  That  the  bounty  lands  granted  or  hereafter  to  be  granted  for  military 
services  during  the  late  war,  shall,  while  they  continue  to  be  held  by  the  patentees, 
or  their  heirs,  remain  exempt  as  aforesaid  from  taxation  for  the  term  of  three 
years  from  and  after  the  dale  of  the  patents  respectively,      {b  ) 

Sec.  7.  And  be  it  further  enacted.  That  in  case  a  constitution  and  State  Gov- 
ernment shall  be  formed  for  the  people  of  the  said  Territory  of  Missouri,  the  said 
convention  of  Representatives,  as  soon  thereafter  as  may  be,  shall  cause  a  true  and 
attested  copy  of  such  constitution  or  frame  of  State  Government  as  shall  be  formed 
or  provided  to  be  transmitted  to  Congress. 

Sec.  S.  And.  he  it  further  enacted.  That  in  all  that  territory  ceded  by  France 
to  the  United  States,  under  the  name  of  Louisiana,  which  lies  north  of  thirty-six 
degrees  and  thirty  minutes,  north  latitude,  not  included  within  the  limits  of  the 
State  contemplated  by  this  act.  slavery  and  involuntary  servitude,  otherwise  than 
In  the  punishment  of  crimes,  whereof  the  parties  shall  have  been  duly  convicted, 
shall  be  and  is  hereby  forever  prohibited.  Provided  aluaps.  That  any  person 
escaping  into  the  same,  from  whom  labor  or  service  is  lawfully  claimed  in  any  State 
or  Territory  of  the  United  States,  such  fugitive  may  be  lawfully  reclaimed  and  con- 
veyed to  the  person  claiming  his  or  her  labor  or  service  aforesaid,  (c  ) 
Approved  March  6,  1820. 


(4)       Edwards  v.  Lesueur.  132  M. 

(c)  In  pursuance  of  the  provisii.n.s  ni 
this  act.  members  of  the  convention  were 
elected  to  form  a  constitution  and  state 
Rovernment.  Ttiey  assembled  at  St.  Louis 
on  the  13th  of  June.  1S20.  and  determined 
that  It  was  expedient  to  form  a  constitu- 
tion and  state  government,  and  havlnff  ac- 
cepted the  live  propositions  offered  by  the 
sixth  section  of  the  at>ove  act.  passed  an 
ordinance,  which  was  tinallv  slcned  on  the 
19th  of  July.  1S20.  A  constitution  was 
formed  whereby  the  boundaries  mentioned 
In  the  second  section  of  the  above  act 
were  ratllled,  and  a  new  state  established 
t»y  the  name  of  the  State  of  Missouri. 
.\Kreeably  to  the  seventh  section  of  the 
altove  act.  an  attested  copy  of  tho  consti- 
tution was  transmitted  to  ConRress.  Un- 
der this  constitution.  In  August.  1820.  the 
people    held    a    general    election,    at    which 


state  and  county  officers  were  chosen  and 
the  state  government  organized.  l-"ro!ii 
this  cause  the  records  of  the  state  dat- 
the  admission  of  Missouri  into  the  union 
from  August.  1820.  A  re.solutlon  wa^  In- 
troduced In  congress  for  the  unconditional 
admission  of  the  State  Into  tho  Union,  as 
had  been  the  uniform  course  In  r»-iylior.  to 
other  new  states.  This  resolution  was. 
however,  defeated;  and  linally.  after  much 
discussion,  a  resolution  was  passed  for  ad- 
mitting the  state  on  a  certain  condition. 
The  legislature  of  Missouri,  on  the  27th 
day  of  June.  1821.  accepted  the  condition, 
protesting  at  the  same  titne  against  the 
right  of  congress  to  impose  it.  and  on  the 
10th  of  August,  1821.  the  President  of  tho 
United  States  Issued  his  proclamation  an- 
nouncing the  acceptance  by  this  state  of 
the  condition. 


ORDINANCE  OF  ACCEPTANCE. 

AN  ORDINANCE  DKCLARING  THE  ASSENT  OF  THE  PEOPLE  OF  THE  STATE  OF 
MISSOURI.  BY  THEIR  REPRESENTATIVES  IN  CONVENTION  ASSEMBLED.  TO 
CERTAIN  CONDITIONS  AND  PROVISIONS  IN  THE  ACT  OF  CONGRESS  OF  THE 
SIXTH  OF  MARCH.  ONE  THOUSAND  BIGHT  HUNDRED  AND  TWENTY.  EN- 
TITLED "AN  ACT  TO  AUTHORIZE  THE  PEOPLE  OF  MISSOURI  TERRITORY  TO 
FORM  A  CONSTITUTION  AND  STATE  GOVERNMENT.  AND  FOR  THE  ADMIS- 
SION OF  SUCH  STATE  INTO  THE  UNION  ON  AN  EQUAL  FOOTING  WITH  THE 
ORIGINAL  STATES.  AND  TO  PROHIBIT  SLAVERY  IN  CERTAIN   TERRITORIES." 


PROPOSITIONS. 


School    land.s. 

Salt  springs  and  six  sections  adjoining 
each.  Proviso  in  favor  of  confirma- 
tions to  individuaLs. 

Funds   for   roads   and   canals. 

Lands  for  locating  permanent  seat  of 
government. 


University-   lands. 

Propositions  accepted. 

Lands  exempt   from   taxation. 

Modification  of  proposition  concern- 
ing tax  on  lands  proposed. 

This  ordinance  irrevocable  without 
the  consent  of  the  United  States. 


Whereas.  The  act  of  Congress  of  the  United  States  of  America,  approved  March  the 
sixth,  one  thousand  eight  hundred  and  twenty,  entitled  "An  act  to  authorize  the 
])eople  of  Missouri  Territory  to  form  a  constitution  and  State  government,  and  for 
the  admission  of  such  State  into  the  Union  on  an  equal  footing  with  the  original 
States,  and  to  prohibit  slavery  in  certain  territories."  contains  certain  requisitions 
and  provisions,  and.  among  other  things,  has  offered  to  this  Convention,  when 
formed,  for  and  in  behalf  of  the  people  inhabiting  this  State,  for  their  free  accept- 
ance or  rejection,  the  five  following  propositions,  and  which,  if  accepted  by  this 
Convention  in  behalf  of  the  people,  as  aforesaid,  are  to  be  obligatory  on  the  United 
States,  viz.: 

First.  That  section  numbered  sixteen  in  every  township,  and  when  such  section 
has  been  sold  or  otherwise  disposed  of,  other  lands  equivalent  thereto,  and  as  con- 
tiguous as  may  be,  shall  be  granted  to  the  State,  for  the  use  of  the  inhabitants  of 
such   townshij)  for   use  of  schools. 

Secutid.  That  all  salt  springs,  not  exceeding  twelve  in  number,  with  six  sections 
of  land  adjoining  to  each,  shall  be  granted  to  the  said  State  for  the  use  of  said 
State,  the  same  to  be  selected  by  the  Legislature  of  said  State  on  or  before  the  first 
day  of  January,  in  the  year  one  thousand  eight  hundred  and  twenty-five  and  the 
same,  when  so  selected,  to  be  used  under  such  terms,  conditions  and  regulations  as 
the  Legislature  of  said  State  shall  dii-ect:  Prox-ided.  That  no  salt  spring,  the  right 
whereof  now  is,  or  hereafter  shall  be,  confirmed  or  adjudged  to  any  individual  or 
individuals,  shall  by  this  section  be  gi'anted  to  said  State:  and  provided,  also.  That 
the  Legislature  shall  never  sell  or  lease  the  same,  at  any  one  time,  for  a  longer 
period  than  ten  years,  without  the  consent  of  Congress. 

Third.  That  five  per  cent  of  the  net  i)roceeds  of  the  sale  of  lands  lying  within 
the  said  Territory  or  State,  and  which  shall  be  sold  by  Congress  from  and  after  the 
first  day  of  January  next,  after  deducting  all  expenses  incident  to  the  same,  shall 
be  reserved  for  making  public  roads  and  canals,  of  which  three-fifths  shall  be  ap- 
idled  to  those  objects  within  the  State,  under  the  direction  of  the  Legislature 
thereof,  and  the  other  two-fifths  in  defraying,  under  the  direction  of  Congress, 
the  expenses  to  be  incurred  in  making  of  a  road  or  roads,  canal  or  canals,  leading 
to   the  said   State. 

Fourth,  That  four  entire  sections  of  land  be.  and  the  same  are  hereby 
granted  to  said  State  for  the  ])urpose  of  fixing  their  seat  of  government  thereon: 
which  said  sections  shall,  under  the  direction  of  the  Legislature  of  said  State, 
be  located  as  near  as  may  be  in  one  body,  at  any  time,  in  such  townships  and 
ranges  as  the  I^egislature  aforesaid  may  select,  on  any  of  the  public  lands  of  the 
United  States:  Pro\-ided,  That  such  location  shall  be  made  prior  to  the  public 
sale  of  the  lands  of  the  United  States  surrounding  such  location. 

Fifth.  That  thirty-six  sections,  or  one  entire  township,  which  shall  be  desig- 
nated   by    the    President    of    the    United    States,    together    with    the    other    lands 


(IHDIS  VNCK  OK  ACl'KI'TAMK. 


I!) 


heretofore  reserved  for  that  purpose,  shall  be  reserved  for  the  use  of  a  seminary 
of  learning,  and  vested  in  the  Legislature  of  said  State,  to  be  appropriated  solely 
for  the  use  of  such  seminary  by  the  Legislature. 

Now  This  Co.nvkntion.  for  and  in  behalf  of  the  people  inhabiting  this  State, 
and  by  the  authority  of  the  said  people,  do  accept  the  five  before  recited  proposi- 
tions, offered  by  the  act  of  Congress  under  which  they  are  assembled;  and,  in 
pursuatice  of  the  conditions,  requisitions  and  other  provisions  in  the  before  recited 
act  of  Congress  contained,  this  Convention,  for  and  in  behalf  of  the  people  inhabit- 
ing this  State,  do  ordain,  agree  and  declare,  that  every  and  each  tract  of  land  sold 
by  the  I'nited  States  from  and  after  the  first  day  of  ,Ianuary  next,  shall  remain 
exemiit  from  any  tax  laid  by  order  or  under  the  authority  of  the  State,  whether 
for  State,  county  or  township,  or  any  other  purpose  whatever,  for  the  term  of  five 
years  from  and  after  the  respective  days  of  sale  thereof;  and  that  the  bounty 
lands  granted,  or  hereafter  to  be  granted,  for  military  services  during  the  late 
war,  shall,  while  they  continue  to  be  held  by  the  patentees  or  their  heirs,  remain 
exempt,  as  aforesaid,  from  taxation  for  the  term  of  three  years  from  and  after  the 
date  of  the  patents  respectively:  Proiided,  nercrtheless.  Thai  if  the  Congress  of 
the  I'nited  States  shall  ccuisent  to  repeal  and  revoke  the  following  clause  in  the 
fifth  proposition  of  the  sixth  section  of  the  act  of  Congress  before  recited,  and  i'l 
these  words,  viz.:  "That  every  and  each  tract  of  land  sold  by  the  United  States 
from  and  after  the  first  day  of  January  next,  shall  reiualn  exempt  from  any  tax 
laid  by  order  or  under  the  authority  of  the  State,  whether  for  State,  county  or 
township,  or  any  purpose  whatever,  for  the  term  of  five  years  from  and  after  the 
day  of  sale;  and.  further."  that  this  Convention,  for  and  in  behalf  of  the  peojjle 
of  the  State  of  Missouri,  do  hereby  ordain,  consent  and  agree  that  the  same  be 
so  revoked  and  repealed:  without  which  consent  of  the  Congress,  as  aforesaid,  the 
said  clause  to  remain  in  full  force  and  operation,  as  first  above  provided  for  in 
this  ordinance:  and  this  Convention  doth  hereby  request  the  Congress  of  the 
I'nited  States  so  to  modify  their  third  proposition,  that  the  whole  amount  of  five 
per  cent  on  the  sale  of  public  lands  therein  offered  may  be  applied  to  the  con- 
struction of  roads  and  canals,  and  the  promotion  of  education  within  this  State, 
under  the  direction  of  the  Legislature  thereof.  And  this  convention,  for  and  in 
behalf  of  the  people  inhabiting  this  State,  and  by  the  authority  of  said  people,  do 
further  ordain,  agree  and  declare  that  this  ordinance  shall  be  irrevocable  with- 
out the  consent  of  the  United  States,   (a) 

Done  in   Convention,  at  St.   Louis,   in   the  State  of  Missouri,   this  nineteentn 

day  of  July,  in   the  year  of  our  Lord  one  thousand  eight   hundred   and 

twenty,   and   of   the   independence   of   the   United   States   of   America   the 

forty-fifth.  ' 

By   order  of   the  Convention. 

DAVID  BARTON,  President. 
Attest:     \VM.  G.   PETTUS,  Secretary. 


(  )  Airrotiibly  to  the  oonipnct  formed 
between  the  United  Stntes  and  the  State 
of  Missouri,  ttie  seliool  lands  mentioned  in 
the  llrst  proposition  have  tieen  appropri- 
ated to  the  use  of  eoninion  schools.  Piie 
salt  springs  ami  lands  adjoining  have  been 
selected  anil  disposed  of.  The  lands  for 
the  location  of  the  seat  of  government 
have  t>een  seleete<l  and  appropriated.     The 


university  lands  have  been  designated  and 
mostly  disposed  of. 

Congress,  by  an  act  approved  June  10. 
1852.  consented  to  such  a  modldcatlon  of 
the  compact  with  this  State  as  to  permit 
the  State  to  Impose  a  tax  or  tuxes  upon 
all  lands  sold  by  the  United  Star?s  In  Ine 
State,  from  and  after  the  day  of  such  sale. 


CONSTITUTION 


OF  THE 


STATE    OF    MISSOURI 


ADOPTED   BY  A  VOTE  OF  THE  PEOPLE,  OCTOBER  30,   187 

TION,  NOVEMBER  30,   1875. 


WENT  INTO  OPERA- 


CONTENTS. 


PREAMBLE. 
Constitution    established. 

ARTICLE    I — Boundaries. 
SECTIOw 

1.      Boundaries    of    the      state — jurisdic- 
tion. 
ARTICLE  II — Bill   of   Rights. 
SECTION 

1.  Origin    of    political    power. 

2.  Right    to    regulate    internal    affairs. 

and    to    abolish    existing    form    of 
government. 
3       Missouri     a     free     and     Independent 
state — right   of   local   self   govern- 
ment. 

4.  The  object  of  constitutional  govern- 

iTient. 

5.  Religious     liberty     and     freedom    or 

conscience  guaranteed. 

6.  Religious    worship. 

7.  No     aid       or     preference       given     to 

churches. 
S.      Religious    corporations      established 
under    a    general       law    may    hold 
certain  real  estate. 

Elections  to   be  free  and  open. 
Courts   shall    be  open   to    every    per- 
son. 

Security  from  searches  and  seizures. 
■Indictment    and       Information    con- 
current      remedies       in       criminal 
prosecutions. 

Treason  defined — corruption  of 
blood.  ,      ^ 

Freedom  of  speech  allowed — truth 
of  publication  may  be  given  in 
evidence. 

Ev  post  facto  laws,  and  laws 
making  irrevocable  grants  or 
special    privilc-ges,    forbidden. 

No  imprisonment  for  debt,  except, 
when. 

Right   to   keep   and   bear  arms. 

Officers  must  devote  their  time  to 
the    duties   of   their   offices. 

Collectors  and  receivers,  not  eligible 
to    office,    when. 

Private   propert>    taken   for   private 
use — for   public    use. 
21.     Private    property    taken    for    public 
use — compensation. 


SECTION 


iht    of    ac- 


9. 
10. 


11. 
12. 


13. 
14. 


15. 


16. 


17. 
IS. 


19. 

20. 


23. 

24. 

25. 

26. 

27. 
28. 


30. 
31. 


Criminal    prosecution. 

cused. 
No     self-crimination,     nor     twice    in 

jeopardy. 
Bail  allowed,  when. 
Excessive    bail    and   fines,    and   cruel 

punishments,    forbidden. 
Writ     of     habtui     corpus     shall      not     be 

suspended. 
Military   subject  to   civil   power. 
Trial    by    jury — grand    jury    to    con- 
sist of  twelve  men. 
Right  of   petition  and  remonstrance 

guaranteed. 
Due    process   of    law. 
Slavery    and    involuntary    servitude 

forbidden. 
32.      Reservation   of   rights. 

ARTICLE  III — The  Distribution  of  Powers. 

SECTION 

1.      Powers    divided    into    thr.e    depart- 
ments. 

ARTICLE   IV — Legislative   Department 

SECTION 

I.  Vested    in    general    assembly. 

REPRESENTATION      AND      APPORTION- 
MENT. 
2      Time    of    electing    representatives — 

ratio    of    apportionment. 
3.     Division  of  counties  into  representa- 
tive  districts. 
4       Qualifications  of  representatives. 
5.     Thirty-four      senators   —   senatorial 
districts.  . 

6  Qualifications    of    senators — division 

of  counties  into  senatorial  dis- 
tricts. 

7  Rule  of  apportionment  for  senators 

and  representatives — to  be  revised 
and  adjusted  on  the  basis  of  the 
United    States    census. 

8.      Number       of      representatives — how 
distributed. 

9       Districts  may  be  altered. 
10.      First   election   ot   senators   and    rep- 
resentatives. 

II.  The   present   senatorial    districts. 


COX8T1TLTION  OK  THE  STATE  OK  MI^SU^nI. 


21 


SECTION 

12.  Senators  and  representatives  cannot 

hold    another    office — certain    of- 
ficers   not    eligible. 

13.  Removal    of    residence    vacates    ot- 

flce. 

14      Writs  of  election   to   All   vacancies. 

la.     Oath  of  offlcc,  refusal  to   take,  pen- 
alty for  violation  of. 

16.  Pay    of    member.s    and    expenses    of 

committees. 

17.  Organization — punishment      of     dis- 

orderly   members    and    other    per- 
sons. 

18.  Quorum — compelling    attendance    of 

absent  members. 

19.  Doors   to   be   open. 

20.  Time  of  meeting. 

21.  Adjournment    for    more    than    three 

days. 
22       Adjournment  for  three  days  or  less. 
23.     Adjournment  without  consent,  or  to 

another    place. 


LEGISLATIVE    PROCEEDINGS. 

24.  Stvle  oi    laws. 

25.  Laws   to   be   passed   by   bill — amend- 

ments. 

26.  Bills,     where     to     originate — amend- 

ments to  be  read  on  three  differ- 
ent   days. 

27.  Bills       to       be       reported    upon    and 

printed. 
2S.     Bills  to  contain  but  one  subject. 

29.  Amendments    to    be    engrossed    and 

printed. 

30.  Proceedings  when  bills  are  returned 

amended. 

31.  Final    vote   on    a   blil. 

32.  Vote  on  amendments  and  reports  of 

committees. 

33.  Reviving    and    re-enacting    laws. 

31.  Amendments  by  striking  out  and 
inserting   words. 

35.  Motion    to   reconsider. 

36.  When    laws   -shall    take   effect. 

37.  Bills   to   be   signed    by    presiding   of- 

ficers, objections  to  be  disposed 
of. 

3S.  Bills  presented  to  governor  for  ap- 
proval. 

39.  Proceedings  when  a  bill  Is  returned 
without    approval. 

4ft.  Failure  of  governor  to  perform 
duty,  bill  to  be  enrolled  as  an  au- 
thentic   act. 

41.  Revising    the    laws. 

42.  Each   house   shall   publish   a  Journal 

— yeas  and  nays  demanded,  not- 
ing  names  of  absentees. 


LIMITATION  ON   LEGISLATIVE   POWER. 

43.  Revenue  to  be  paid  into  treasury — 
order  of  appropriations. 

4  1.  Power  of  the  legislature  to  create 
debts   and    liabilities   limited. 

45.  State's    credit    cannot    be    pledged — 

one    exception. 

46.  Grants  of   public   money    prohibited, 

except  in  case  of  pul>llc  calamity. 

47.  Municipalities      cannot      lend      their 

credit   nor  become  stockholders. 
4S.      Extra     allowance       to     officers    and 
payment    of       unduthorlzed      con- 
tracts   porhlblted. 

49.  Subscriptions       by     the    state       pro- 

hibited. 

50.  State  Hen  nn  railroads  not  to  be  re- 

leased. 

51.  Corporation    indebtedness    shall    not 

he   released. 

52.  Payment   of   the   war  debt. 

61.  Special  legislation  prohibited — spe- 
cial acts  niav   be  repealed. 

54.  Notice  of  applUation  for  the  enact- 

ment of  local    laws. 

55.  Business   of   extra   session. 

56.  Sent    of    government    to    remain    at 

Jefferson    City. 


ARTICLE    V — Executive    Department. 

SECTION 

1.  Executive    officers,    place    of    resi- 

dence  and   dULies. 

2.  Terms  of  office — when  elected — 
I  certain  officers  Ineligible  as  their 
'  ou'n    successors. 

I         3.     Keturns    of    elections    for    executive 
officers— tie.  how  determined. 
4.     The   supreme   executive   power. 
B.     Qualtlcatlons   of   governor. 

6.  Duties  of   governor,   generally. 

7.  Governor  may  call  out  militia  and 
command    them. 

8.  Pardoning    power. 

9.  Governor  shall  give  Information  to 
general  assembly — may  call  extra 
sessions. 

10.  Governor's  message — to  account  for 
moneys  and  furnish  estimates  of 
expenses. 

11.  Vacancies  In  office,  how  filled. 

12.  Bills  presented  to  governor  for  ap- 
proval. 

13.  Governor  may  object  to  a  portion  of 
a  bill.  ,        „     . 

14.  Resolutions  to  be  approved — effect 
of   resolutions. 

Ki.  Quallticatlons  and  duties  of  lieuten- 
ant-governor. 

16.  Lieutenant-governor  to  act  as  gov- 
ernor,   when. 

17.  President  of  the  senate — other  per- 
sons to   act  as   governor. 

18.  Pav  of  lieutenant-governor. 

19.  Qualltlcatlons  of  executive  officers. 

20.  Seal  of  the  state  to  be  kept  by  sec- 
retary of  state. 

21.  Duties   of   secretarv    of    state. 

22.  Accounts  and  reports  of  executive 
officers,   penalty   for  false   report. 

23.  Commissions  of  officers. 

24.  Pay  of  executive  officers — fees  to 
be    paid    Into    state    treasury. 

2.").  Contested  elections  of  executive  of- 
ficers. 


ARTICLE  VI— Judicial   Department. 

SECTION 

1.  Judicial   power,  where  vested. 

2.  Jurisdiction    of   supreme   court. 

3.  Superintending    control    of    supreme 

court — power  to   issue  writs. 

4.  Term  of  office  of  Judges — chief  Jus- 

tice. 

5.  Quorum,    number    of    judges,    their 

duties. 
G.     Qualifications  of  Judges  of  supreme 
court. 

7.  Full    term    of   judges    to    commence, 

when. 

8.  Term  of      present    Judges,   elections 

to    nil    their   places. 

9.  Time  and  place  of  holding  supreme 

court. 

10.  Accommodations  for  supreme  court. 

11.  Judges  divided   In  opinion. 

12.  St.    Louis  court  of  appeals.  Jurisdic- 

tion of — appeals  to  supreme  court. 

13.  Judges    of    court    of    appeals,     their 

number,    elections,      qualifications 
and  pay. 

14.  Duties       of    judges — quorum — terms 

of  court. 

15.  Opinions    and    practice    In    court    of 

appeals. 

16.  Election   of  Judges — terms  of  office 

— presiding  Judge. 

17.  Appointment  of  judges  by   the  gov- 

ernor. 

18.  Clerk   of  court   of  appeals. 

19.  Cases   in  supreme  court   to  be  certl- 

lUid  to  court  of  appeals. 

20.  Cases    triable   within    what    time. 

21.  Records     of     supreme     court     at     St. 

I.,4iuls  and  St.  Joseph. 

22.  Jurisdiction    anu     terms    of    circuit 

court. 

23.  Superintending      control    of    circuit 

court. 

24.  Judicial    circuits — may    be    changed. 

etc. — one  Judge  to  each. 


CONSTUUTION  OF  THE  STATE  OF  MlSSoUUf. 


SECTION 

25.  Election,  terms  of  office  and  duties 

of  circuit  judges. 

26.  Qualifications    of    circuit    judges. 

27.  Circuit    court   of   St.    Louis   county — 

appellate   jurisdiction    of   court   of 
appeals. 

28.  Provisions  for  additional  judges. 
•29.      When   judge   of   neighboring   circuit 

may    preside. 

30.  Election    of    judges — ties      and    con- 

tested   elections. 

31.  Criminal  courts. 

32.  Vacancy    in   office  of  judge. 

■  33.      Salaries     of     judges    not    to    be    in- 
creased   or    diminished. 

34.  Probate    courts,    jurisdiction    of. 

35.  Jurisdiction — practice    —    cb-rks    <if 

probate    courts. 

36.  County      courts,      jurisdiction        and 

judges    of. 

37.  Justices  of  the  peace. 

38.  Writs  and   prosecutions   in    name   of 

state — conclusions  of  indictments. 

39.  Clerks   of   courts. 

40.  Election  of  clerks,  ties  and  contests. 

41.  Removal   of   judges   for   disability. 

42.  Provisi<m  as  to   existing  courts. 

43.  Publication    of    judicial    decisions. 

44.  May    be   pubiislied   by   any    person. 

CONTSTITUTIONAL     AMENDMENT      1SS4. 

1.      St.  Louis  court  of  appeals,  extended 

jurisdiction. 
Kansas  City  court  of  appeals,  estab- 
lished, terms,  jurisdiction,  judges. 
Court  of  appeals,  additional   may  be 

established. 
Kansas    City    court   of  appeals,    first 

judges,  appointment  and  election. 
Su|ireme    court,    exclusive    appellate 

jurisdiction    of. 
wiien  court  of  appeals  cases  may  be 

certified    to   supreme    court. 
Cases  now  pending  in  supreme  court 

transferred    to    Kansas    City    court 

of    appeals. 
S.      Supreme    court    superintending    cun- 

trol    of. 
9.      Kansas  City  court  of  appeals,  court 

room    and    officers. 

10.  Judges    of    courts    of    appeals,    sal- 
aries.  hO"w  paid. 

11.  Constitution,  inconsistent  provisions 
r"-scjnded. 


constituth  )Nal 

1 


AM  KNL>MEXT       1  S*»0. 


SECTION 


S. 

9. 
10. 
11. 
12. 


Time    of    holding   elections. 
Qualifications    of    voters. 
Mode  of  conducting  elections. 
Voters    privileged    from   arrest. 
Registration    of    voters. 
Elections  by   persons  in   representa- 
tive capacity. 
Gaining  or  losing  residence. 
Paupers   and    criminals    dis(iualified. 
Contested    elections    generally. 
Persons  convicted  of  crime. 
United  States  soldiers  not  to  vote. 
Aliens,  etc.,  cannot  hold  office 


Supreme    court,    number    of    judges, 
two  divisions. 

2.  Appointment      of      judges,      election 

terms,  divisions,   chief  justice. 

3.  Assignment       of       causes.       practice. 

opinions,   issue  of  writs. 

4.  Judges   equally    divided,    transfer   of 

cause, 
fi.      Divisions       to     be     dispensed       with, 

when. 
6.      Repeal   of  inconsist«*nt   provisions. 

ARTICLE  VII — Tnii)e:ichments. 

SECTION 

1.  Who   lial)le  and    for  what  causes. 

2.  Trial  of  impeachments,  punishment. 

ARTICLE  VIII — Suffrage  and  Elections. 


ARTICLE  IX — Counties.  Cities  and  Towns. 

SECTION 

1.  Existing   counties    recognized. 

2.  Removal   of  county   seats. 

3.  New    counties — counties    cannot    be 

reduced    below   the   ration   of   rep- 
resentation. 

4.  Portion    of   county    stricken   off  and 

added   to  another. 
r».      Liability  of  new  counties. 

6.  Becoming      stockholders,    etc..      pro- 

hibited— provision    as    to    existing 
subscriptions. 

7.  Organization     and     classification     of 

cities   and    towns. 

5.  Township    organization — justices    of 

county   court. 
9.      Abandoning  toT\'nship  organization. 

10.  Sheriffs   and    coroners. 

11.  Vacancy     in    office    of    sheriff    and 

coroner. 

12.  Fees   of   county   officers. 

13.  Fees     of  officers      generally — quar- 

terly   returns. 

14.  Provisions   for  extra   officials. 

15.  Consolidation  of     city     and     county 

governments. 

16.  Charters  of  large  cities,  how  framed 

and   adopted. 

17.  Certain    features    of    such    charters. 

18.  No      person    can    hold      two    offices. 

when. 

19.  Excess    of    municipal     indebtedness, 

how   paid. 


ST.    LOT  IS. 


20.  May    extend    her   limits  and   adopt   a 

charter. 

21.  Authentication    of    charter,    judicial 

notice    of. 

22.  Amendment  of  charter. 

23.  Certain    special    provisions. 

24.  Courts    of   St.    Louis   county — eighth 

judicial    circuit. 
2."».      St.  Louis  remains  subject  to  general 
law. 


ARTICLE  X — Revenue  and  Taxation. 


SECTION 

1.  The  taxing  power. 

2.  Power  to  tax  corporations. 

3.  Taxes     to     be     collected     for     public 

purposes  and    to   be   uniform. 

4.  Property    to    be    taxed    in    proportion 

to  value. 

5.  Taxing  of   railroads. 

6.  Exemptions. 

7.  Other  exemptions  void. 

8.  Rate   for  state   purposes. 

9.  Municipalities  liable  for  state  taxes. 

10.  Taxes  for  municipal  purposes. 

11.  Rate    and    valuation    for    municipal 

purposes. 
11a-   Special    road    tax    levy   authorized. 

12.  Limitation    on    municipal    indebted- 

ness. 
12a.   Indebtedness    for    waterworks,    etc., 
in   certain   cities. 

13.  Private  property  cannot  be  sold  for 

municipal    debts. 
H.      Ordinance        of      1865 — payment      of 
bonded   debt. 

15.  State  funds  to  be  deposited  in  bank. 

16.  Treasurer's        accounts.        quarterly 

statements. 

17.  Speculation      in    public    funds      pro- 

hibited. 

18.  State  board  of  equalization. 

19.  Appropriations    generally    —    state- 

ment     of    receipts    and      expendi- 
tures, 

20.  Moneys  arising  from  loans,  how  ap- 

plied. 
31.      Dues    from       corporations    on    their 

capital  stock. 
26.      Certificates      of      indebtedness — levy 

to  pay   interest  on. 


CONSTITUTION  OF  TUB  STATE  OF  MISSOURI. 


23 


AHTICI.K    XI  —  E'ldiiratlon. 

SKOTION 

1.  Free    schools    for    persons    between 

ages  of   six   and   twenty   years. 

2.  Custody  of  school  fund — certain  dis- 

tricts  not   entitled    to  any    portion 
of   funds. 

3.  Schools  for  colorinl  children. 

4.  Board   of    education. 

5.  State    university. 

6.  Public   school    fund. 

7.  Uetlelency   In   public  sehool   fund. 

8.  County    school    fund. 

».      Investment  of  public  school   fund. 

10.  Investment    of    county    school    fund. 

11.  Funds   shall    not    be    used    for    relig- 

ious or  sectarian  purposes. 

AHTICLK    XII— Corporations. 

SKCTION 

1.      KxlstlnR  unortranlzed  corporations. 
To  be  crated,  etc..  by  general  laws. 
:i.      Forfeited    charters. 
4.     RlKht      of      eminent      domain — jury 
trials. 
Subject  to  police  power  of  the  state. 
Election   of   directors. 
Not    to    ensase    in    oth<r    business — 

holding   real   estate. 
Increase  of  stork  and  indebtedness. 
Individual    liability   of  stockholders, 
m.      Preferred    stock. 
11.      "Corporations"    defined. 


RAILROADS. 

12.  Discrimination    prohibited — commu- 

tation  tickets. 

13.  Construction,    connected    with    other 

roads — to      reci'lve    freight      from 

other    roads. 
1(.      Are    public    highways — laws   to    pre- 

vi>nt  discrimination. 
!'■       To  keep  a  public  office  and   books — 

meetings  and  reports  of  directors. 

16.  Property    liable    to    execution. 

17.  Parallel    lines,   shall    not   consolidate 

nor  be  managed  jointly. 
IS.      Consolidation       with    foreign      com- 
panies. 
19.     Laws    In    favor   of.    and    Imposing    a 
new  liability  on  the  people. 

Street    railroads. 

Benefit  of  future  legislation. 

Officers  not  to  he  Interested  in  busi- 
ness of  company. 

Discrimination     between     companies 
and    Individuals. 

Granting    free    passes    to    public   of- 
ficers   prohibited. 

BANKS. 

;.i  No  state  bank  shall  be  created — 
state  shall  not  own  stock  In 
banks. 

26.  Ijiws  creating  bankH  to  be  submit- 
ted to  the  people. 

!7  Receiving  deposits  after  bank  Is  In- 
solvent. 


ART1CL1-;  .XIII— Mlllta. 

SECTION. 

1.      Persons  liable  to  mlUtarv  duty. 
Organization   of   militia. 

3.  Election    of   officers. 

4.  Volunteer  comi)ani<*s. 
Militia    privileged    from   arr».'St. 
Appointment  of  officers  by  the  gov- 
ernor. 

7.     Public  arms  and  military  records. 

ARTICLE    XIV — Miscellaneous    Provisions. 

SECTION 

1.  Public    lands — lands    of    the    United 

States      exempt    from      taxation — 
taxing  non-residents. 

2.  Prosecutions     tor    acts     done     under 

military  authority  forbidden. 
Dueling — the   offender      cannot    hold 
office. 

4.  Officers    of    the    United    States    not 

eligible  to  state  oftlce. 
.^.      Present  officers  to   remain   in   office. 

6.  Oath  of  office  generally. 

7.  Removal   for   misdemeanor   in   office. 

5.  Fees  not  to  bo  increased  nor  term  of 

oftlce  extended. 
9.      Appointment  of  officers. 

10.  Lotteries    prohibited. 

11.  Investigation   by   grand  jury. 

12.  Legislators    provlleged    from    arrest 

— freedom  of  debate. 


ARTICLE    XV — Mode      of    Amemllng      the 

Constitution. 
SECTION 

1.  Constitution   may   be  amended. 

2.  Amendments    proposed    and    submit- 

ted  to   the  people. 

3.  Convention    may    be   called. 

SCHEDULE. 

1.  Provision  as  to  existing  laws,  rights 

and    actions. 

2.  Provision  as  to  existing  obligations, 

prosecutions,  etc. 
S.     Existing  county  and  probate  courts. 

4.  Criminal    courts. 

■>.     Courts   of   cotnmon    pleas, 
fi.      Existing  officers   to   continue. 
7.      Appeals      returnable        to      JelTerson 
City. 

5.  Provision    for    payment    of    bonded 

debt. 
9.      Constitution    to    be    submltteil    to    a 
vote  of  the   people. 

10.  Clerks     to     furnish     poll-books    and 

ballots. 

11.  Form  of  ballots. 

12.  Returns     of     election — proclamation 

by  governor. 

13.  Result    of    election — constitution    to 

take  effect,  when. 

14.  Schedule  to  take  effect  Immediately. 

15.  Laws  to  enforce  constitution. 

16.  Provision    as    to    existing    executive 

officers. 

17.  Preliminary      examinations   and   ar- 

rests. 


24  CONSTITUTION  OF  THE  STATE  OF  MISSOUKI.  (ARTS.  I  AND  II 

PREAMBLE. 

We,  the  people  of  Missouri,  with  profound  reverence  for  the  Supreme  Ruler 
of  the  Universe,  and  grateful  for  His  goodness,  do,  for  the  better  government  of 
the  State,  establish  this  Constitution. 

ARTICLE  I. 

BOUNDARIES. 

Section  1.  Boundaries  and  jurisdiction. — The  boundaries  of  the  State,  as 
heretofore  established  by  law,  are  hereby  ratified  and  confirmed.  The  State  shall 
have  concurrent  jurisdiction  on  the  river  Mississippi,  and  every  other  river  border- 
ing on  the  State,  so  far  as  the  said  rivers  shall  form  a  common  boundary  to  this 
State  and  any  other  State  or  States;  and  the  river  Mississippi  and  the  navigable 
rivers  and  waters  leading  to  the  same  shall  be  common  highways,  and  forever 
free  to  the  citizens  of  this  State  and  of  the  United  States,  without  any  tax,  duty, 
out  the  consent  of  the  United  States,     (a) 

[.same  In  substance  as  Const.  1865.  Art.  11,  Sec.  '2,  excepting  ttrst  sentence.] 

ARTICLE  II. 

BILL  OF  RIGHTS. 

Ih  order  to  assert  our  rights,  acknowledge  our  duties,  and  proclaim  the  prin- 
ciples on  ichich  our  government  is  founded,  we  declare: 

Section  1.  Political  power,  origin  of. — That  all  political  power  is  vested  in 
and  derived  from  the  people;  that  all  government  of  right  originates  from  the 
people,  is  founded  upon  their  will  only,  and  is  instituted  solely  for  the  good  of 
the  whole. 

|9ame  as  Const  1865,  Art.  1.  Sec.  4] 

Sec.  2.  Internal  affairs,  regulation  of. — That  the  people  of  this  State  have 
the  inherent,  sole  and  exclusive  right  to  regulate  the  internal  government  and 
police  thereof,  and  to  alter  and  abolish  their  Constitution  and  form  of  government 
whenever  they  may  deem  it  necessary  to  their  safety  and  happiness:  Provided, 
Such  change  be  not  repugnant  to  the  Constitution  of  the  United  States. 

(Same  In  substance  as  Const.  l^iK,  Art.  2,  Sec.  6.] 

Sec.  3.  Local  self-government  not  to  be  impaired. — That  Missouri  is  a  free 
and  independent  State,  subject  only  to  the  Constitution  of  the  United  States;  and 
as  the  preservation  of  the  states  and  the  maintenance  of  their  governments  are 
necessary  to  an  indestructible  Union,  and  were  intended  to  co-exist  with  it,  the 
Legislature  is  not  authorized  to  adopt,  nor  will  the  people  of  this  State  ever 
assent  to  any  amendment  or  change  of  the  Constitution  of  the  United  States  which 
may  in  any  wise  impair  the  right  of  local  self-government  belonging  to  the  people 
of  this  State. 

[New  section.] 

Sec.  4.  Purpose  of  governmoiit — natural  rights  of  persons. — That  all  con- 
stitutional government  is  intended  to  promote  the  general  welfare  of  the  people; 
that  all  persons  have  a  natural  right  to  life,  liberty  and  the  enjoyment  of  the 
gains  of  their  own  industry;  that  to  give  security  to  these  things  is  the  principal 
office  of  government,  and  that  when  government  does  not  confer  this  security,  it 
fails  of  its  chief  design. 

[Same  In  substance  as  Const.  186.1.  Art.  1,  Sec.  1.] 

Sec.  5.  Religious  freedom — belief  not  to  affect  citizen — liberty  of  conscience. 
— That  all  men  have  a  natural  and  indefeasible  right  to  worship  Almighty  God 
according  to  the  dictates  of  their  own  conscience;  that  no  person  can,  on  account 
of  his  religious  opinions,  be  rendered  ineligible  to  any  office  of  trust  or  profit  under 
this  State,  nor  be  disqualified  from  testifying,  or  from  serving  as  a  juror;  that 
no  human  authority  can  control  or  interfere  with  the  rights  of  conscience;  that  no 
person  ought,  by  any  law,  to  be  molested  in  his  person  or  estate,  on  account  of 
his  religious  persuasion  or  profession;  but  the  liberty  of  conscience  hereby  secured 
shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness,  nor  to  justify  practices 
inconsistent  with  the  good  order,  peace  or  safety  of  this  State,  or  with  the  rights 
of  others. 

I  same  as  Const .  lRi»,  .\rt.  1,  Sec.  9  1 

Sec.  6.  Religion,  individual  support  of  not  compulsory. — That  no  person 
can  be  compelled  to  erect,  support  or  attend  any  place  or  system  of  worship,  or 
to  maintain  or  support  any  priest,  minister,  preacher  or  teacher  of  any  sect, 
church,  creed  or  denomination  of  religion;  but  if  any  person  shall  voluntarily 
make  a  contract  for  any  such  object,  he  shall  be  held  to  the  performance  of  the 
same. 

(Same  In  substance  as  Const.  18M,  Art.  1,  Sec.  in.] 

a.      For  boundaries  of  the  City   of  St.   Louis  see  Charter   .\rt.   I.   Sec.    2   and   annota- 
tions thereto;  Scheme  Sec.   1. 


ABTlCLEII.l  COSSTITI'TION  OF  STATE  OK  MlSSOUKl.  25 

Sec.  7.  RoliRion.  Stnto  must  not  aid  chiircli. — That  no  money  shall  erer  be 
taken  from  tho  public  treasury,  directly  or  indirectly,  in  aid  of  any  church,  sect 
or  denomination  of  reliKion.  or  in  aid  of  any  priest,  preacher,  minister  or  teacher 
thereof,  as  such;  and  that  no  preference  shall  be  given  to  nor  any  discrimination 
made  against  any  church,  sect  or  creed  of  religion,  or  any  form  of  religious  faith 
or  worship. 

[rirsi  dnuse  new.    Last  clause  sume  In  substance  as  Const,  isiis.  Art.  1,  fee. 11.] 

Sec.  S.  lU-tiuious  corporation  not  to  be  established. — That  no  religious  cor- 
poration can  be  established  in  this  State,  except  such  as  may  be  created  under  a 
general  law  for  the  purpose  only  of  holding  the  title  to  such  real  estate  as  may 
be  prescribed  by  law  for  church  edifices,  parsonages  and  cemeteries. 

(Const.    1865    limited    quantity    of    land    to    live    acres    In    country    iinil    one    acre 
elsewhere.     Art.   1,  Sec.   12.) 

Sec.  9.  Elections  must  b*-  fr<M'  and  oix^n. — That  all  elections  shall  be  free 
and  open;  and  no  power,  civil  or  military,  shall  at  any  time  interfere  to  prevent 
the  free  exercise  of  the  right  of  suffrage. 

ISame   In   substance  as  Const.    ISUfi.   Art.    1.  Sec.    H.] 

Sec.  10.  Courts  of  justice  must  he  oi>en. — That  courts  of  justice  shall  be 
open  to  every  person,  and  certain  remedy  afforded  for  every  injury  to  person, 
property  or  character,  and  that  right  and  justice  should  be  administered  without 
sale,  denial  or  delay. 

ISanie   In   substance  as  Const.   1865,  Art.   1,  Sec.   15.] 

Sec.  11.  Freedom  from  search  and  seizure,  requisites  of  warrant. — Thiit  the 
people  shall  be  secure  In  their  persons,  papers,  homes  and  effects,  from  unreason- 
able searches  and  seizures;  and  no  warrant  to  search  any  place,  or  seize  any  per- 
son or  thing,  shall  issue  without  describing  the  place  to  be  searched,  or  the  person 
or  thing  to  be  seized,  as  nearly  as  may  be;  nor  without  probable  cause,  supported 
by  oath  or  affirmation   reduced   to  writing. 

|>aiiie  as  Const.  IN"!.'",  Art.  1,  Sec.  '.'3,  exct-pi  words  "reiluceci  to  wrlili\(,'."l 

Sec.  12.  Felonies  and  misdemeanors  prosecuted  by  indictment  or  informa- 
tion.— No  person  shall  be  prosecuted  criminally  for  felony  or  misdemeanor  other- 
wise than  by  Indictment  or  information,  which  shall  be  concurrent  remedies,  but 
this  shall  not  be  construed  to  apply  to  cases  arising  in  the  land  or  naval  forces  or 
In  the  militia  when  in  actual  service  in  time  of  war  or  public  danger. 
[Const.   1S65,  Art.   1,  Sec.  24.      Section  us  am'Mi.U'il.  udoptcd  In   lUOO.  1 

Sec.   13.     Treason   defined,  no  attainder,  estates  of  suicides  not  forfeited. — 

That  treason  against  the  State  can  consist  only  in  levying  war  against  it.  or  In 
adhering  to  Its  enemies,  giving  them  .lid  and  'omfnrt;  that  no  person  can  be 
convicted  of  treason,  unless  on  the  teE'iiiioiiv  of  two  witnesses  to  the  same  overt 
act,  or  on  his  confession  in  oren  court;  ihat  no  i)cr.scn  can  be  attainted  of  treason 
or  felony  by  the  General  Assembly;  tha.  no  conviction  can  work  corruption  of 
blood  or  forfeiture  of  estate;  that  the  estates  of  such  persons  as  may  destroy  their 
own  lives  shall  descend  or  vest  as  in  cases  of  natural  death;  nud  when  any  person 
shall  be  killed  by  casualty,  there  shall  be  no  forfeiture  by  reason  thereof. 

I  Korfvlture  for  treason  umler  Const,  of  lS6ri.  Art.   1.  Sees.  1*5  and  26.      Second  and 
Inst  clnusis  of  above  stction   not   In   that   Instrnnicnt.  1 

Sec.  H.  Freedom  of  speech,  press — libel,  trutli  in  justification. — That  no  law 
shall  be  passed  Impairing  the  freedom  of  speech;  that  every  person  shall  be  free 
to  say.  write  or  iiublish  whatever  he  will  on  any  subject,  being  responsible  for 
all  abuse  of  Ihat  liberty;  and  that  In  all  suits  and  prosecutions  for  libel  the 
truth  thereof  may  be  given  in  evidence,  and  the  jury,  under  the  direction  of 
the  court,  shall  determine  the  law  and  the  fact. 

(Same  In  substance  as  Const.   1S6S,  Art.   1.  Sec.   27.] 

Sec.  15.  Kx  |«>st  facto  laws,  etc.,  prohibited. — That  no  rjr  post  facio  law, 
nor  law  Impairing  the  obligation  of  contracts,  or  retrospective  in  its  operation,  or 
making  any  Irrevocable  grant  of  special  privileges  or  immunities,  can  be  passed 
by  the  General   .Assembly 

ITlio  cinusfS  "or  mnklnic  any  Irrevocable  grant  of  si>eclal  prlTlleges  or  Immunities."  and  '-by 
the  general  assembly"  arc  new 

Sec.  16.  No  imprisonMiiiii  fur  di-ht.  That  Imprisonment  for  debt  shall 
not  be  allowed,  except  for  the  non-payment  of  fines  and  penalties  Imposed  for 
violation  of  law. 

[Same  In  substance  as  Const.    1S65.  .\rt.   1.  Sec.   24.] 

Sec.  17.  KiRht  to  iH-ar  arms,  when. — That  the  right  of  no  citizen  to  keep 
and  bear  arms  In  defense  of  his  home,  person  and  property,  or  In  aid  of  the 
civil  power,  when  thereto  legally  summoned,  shall  be  called  In  question;  but 
nothing  herein  contained  Is  intended  to  justify  the  practice  of  wearing  concealed 
weapons. 

(Conet.  1865.  Art.  1,  Sec.  8.  modined.] 


2f)  CONSTITUTION  OF  THE  STAT?;  OF  MISSOCKf.  ART.  11] 

Sec.  18.  Officers  to  attend  personally  to  duties. — That  no  person  elected 
or  appointed  to  any  office  or  employment  of  trust  or  profit  under  the  laws  of  this 
State,  or  any  ordinance  of  any  municipality  in  this  State,  shall  hold  such  office 
without  personally  devoting  his  time  to  the  performance  of  the  duties  to  the  same 
belonging. 

[New  section.] 

Sec.  19.  Collectors,  receivers,  etc.,  in  default,  ineligible  to  office. — That  no 
person  who  is  now  or  may  hereafter  become  a  collector  or  receiver  of  public 
money,  or  assistant  or  deputy  of  such  collector  or  receiver,  shall  be  eligible  to 
any  office  of  trust  or  profit  in  the  State  of  Missouri  under  the  laws  thereof,  or 
of  any  municipality  therein,  until  he  shall  have  accounted  for  and  paid  over  all 
the  public  money  for  which  he  may  be  accountable. 

[Const.    1S65,   Art.   4,   Sec.   12.   modified.] 

Sec.    20.      Property   not   to   be   taken   for   private   use — public   use   a  .judicial 

question. — That  no  private  property  can  be  taken  for  private  use,  with  or  without 
compensation,  unless  by  the  consent  of  the  owner,  except  for  i)rivate  ways  of 
necessity,  and  except  for  drains  and  ditches  across  the  lands  of  others  for 
agricultural  and  sanitary  purposes,  in  such  manner  as  may  be  prescribed  by  law; 
and  that  whenever  an  attempt  is  made  to  take  private  property  for  a  use  alleged 
to  be  public,  the  question  whether  the  contemplated  use  be  really  i)ublic  shall 
be  a  judicial  question,  and  as  such  judicially  determined,  without  regard  to  any 
legislative  assertion  that  the  use  is  public. 

[New  section.] 

Sec.  21.  Property  for  public  use — compensation. — That  private  property  shall 
not  be  taken  or  damaged  for  public  use  without  just  compensation.  Such  compen- 
sation shall  be  ascertained  by  a  jury  or  board  of  commissioners  of  not  less  than 
three  freeholders,  in  such  manner  as  may  be  prescribed  by  law;  and  until  the  same 
shall  be  paid  to  the  owner,  or  into  court  for  the  owner,  the  property  shall  not  be 
disturbed  or  the  proprietary  rights  of  the  owner  therein  divested.  The  fee  of  land 
taken  for  railroad  tracks  without  consent  of  the  owner  thereof  shall  remain  in 
such  owner,  subject  to  the  use  for  which  it  is  taken. —  (b.)  ♦ 

[New  except  substance  of  first  sentence.    Const.  1865,  Art-  1,  Sec.  16.) 

Sec.  22.  Rights  of  accused  in  criminal  prosecutions. — In  criminal  prosecu- 
tions the  accused  shall  have  the  right  to  appear  and  defend,  in  person  and  by 
counsel:  to  demand  the  nature  and  cause  of  the  accusation:  to  meet  the  witnesses 
against  him  face  to  face;  to  have  process  to  compel  the  attendance  of  witnesses  in 
his  behalf;  and  a  speedy,  public  trial  by  an  impartial  jury  of  the  county. 

[Same   in   effect  as  Const.    1865,  Art.    1,   Sec.    IS.] 

Sec.  23.  Accused  not  conii)elled  to  testify — twice  in  .jeopardy,  etc. — That  no 
person  shall  be  compelled  to  testify  against  himself  in  a  criminal  cause,  nor  shall 
any  person,  after  being  once  acquitted  by  a  jury,  be  again,  for  the  same  offense,  put 
in  jeopardy  of  life  or  liberty:  but  if  the  jury  to  which  the  question  of  his  guilt  or 
innocence  is  submitted  fail  to  render  a  verdict,  the  court  before  which  the  trial  is 
had  may,  in  its  discretion,  discharge  the  jury  and  commit  or  bail  the  prisoner  for 
trial  at  the  next  term  of  court,  or,  if  the  state  of  business  will  permit,  at  the  same 
term;  and  if  the  judgment  be  arrested  after  a  verdict  of  guilty  on  a  defective  in- 
dictment, or  it  judgment  on  a  verdict  of  guilty  be  reversed  for  error  in  law,  noth- 
ing herein  contained  shall  prevent  a  new  trial  of  the  prisoner  on  a  proper  indict- 
ment, or  according  to  correct  principles  of  law. 

[Portion   of   section    new.      See   Con.st.    ISiio,   Art.    1,    Sees.    IS   and    18.] 

Sec.  2  4.  Bail,  when  allowed. — That  all  persons  shall  be  bailable  by  sufficient 
sureties,  except  for  capital  offenses,  when  the  proof  is  evident  or  the  presumption 
great. 

[Same  as  Const.   ISU;"..   .-^rt.   1,  ?<•(-.   I'u.  1 

Sec.  25.  E.vcessive  bail  and  unusual  punishment. — That  excessive  bail  shall 
not  be  required,  nor  excessive  fines  imposed,  nor  cruel  and  unusual  |)unishment 
inflicted. 

[Same  as  Const.   1S65.   Art.   1.  See.   I'l.J 

Sec.  26.  Habeas  corpus. — That  the  privilege  of  the  writ  of  habeas  cori)us 
shall   never  be  suspended. 

[Const.   1865.   .\rt.    1.  Sec.   22,  modified.] 

Sec.  27.  Military  subordinate  to  civil  power. — That  the  military  shall  always 
be  in  strict  subordination  to  the  civil  i)ower;  that  no  soldier  shall,  in  time  of  peace, 
be  quartered  in  any  house  without  the  consent  of  the  owner,  nor  In  time  of  war, 
except   in   the   manner  prescribed   by   law. 

[Const.    1S65.  Art.   1.  Sec.   32.   modified. J 

(.6.)    See  annotations  to  Charter.  Art.  6. 


ARTS.  II.  Ill  anil  IV.  CONSTl'lTTIi  >N  i)K  TIIK  ST  ATK  OK  MI.-^iOflM .  27 

Sec.    28.      Trial    by   jury    inviolati ^riiiKl   .jury — t\vrlvi>    iiit-n. — The    riKht    of 

trial  by  jury,  as  heretofore  enjoyed,  sluill  remain  inviolate,  but  a  jury  for  the  trial 
of  civil  and  eriniliial  cases  in  courts  not  of  record,  may  consist  of  less  than  twelve 
men  as  may  be  i)rescribed  by  law;  and  that  a  two-thirds  majority  of  such  number 
lirescribed  by  law  concurring  may  render  a  verdict  in  all  civil  cases:  and  that  in 
the  trial  by  jury  of  all  civil  cases  in  courts  of  record  three-fourths  of  the  members 
of  the  jury  concurring  may  render  a  verdict.  Hereafter  a  grand  jury  shall  consist 
of  twelve  men.  any  nine  of  whom  coitciirring  may  find  an  indictment  or  a  true 
bill:  Provided,  however.  That  no  grand  jury  shall  be  convened  except  upon  an 
order  of  a  judge  of  a  court  having  the  power  to  try  and  determine  felonies:  but 
when  so  assembled  such  grand  jury  shall  have  power  to  investigate  and  return 
indictments  for  all  character  and  grades  of  crime. 

(Si't!  Const.  ist;5.  Art.  I,  See.  17.  Soctlon,  n.s  amondi'd  (two  .•iini-nclini'Hts).  adoptoil 
In   I90U.  I 

Sec.  -9.  IVoplc.  riylii  ii«  as^iiiiiili-  ami  pi-tilion. — That  the  people  have  the 
right  peaceably  to  assemble  for  their  common  good,  and  to  apply  to  those  invested 
with  the  |)owers  of  government  for  redress  of  grievances  by  i)etition  or  remon- 
strance. 

IConst.  1865,  .\rt.  1.  Ilr.st  clause  Sec.  S.) 

Sec.  30.  Due  process  of  law — person. — That  no  person  shall  be  deprived  of 
life,  liberty  or  property,  without  due  process  of  law. 

(Const.   IStJj,  .\rt.   1,  Sff.    IS.      tlann'  in  substance  as  last  olausi-.] 

Sec.  31.  Slavery  prohibited. — That  there  cannot  be  in  this  State  either 
slavery  or  involuntary  servitude,  e.xcept  as  a  punishment  for  crime,  whereof  the 
party  shall   have  been  duly  convicted. 

[Const.   l>>G."i.  Art.    1.  Sfc.  2.] 

Sec.  32.  Rights  reserved. — The  enumeration  in  this  Constitution  of  certain 
rights  shall  not  be  construed  to  deny,  impair  or  disparage  others  retained  by  the 
people. 

[Now  section.] 

-IKTK'liK  III. 

THK    IMSTRIIU'TION    OK    l>O\V10K8. 

Thrti-  (lipartiiicnts  of  governnicnt.  The  iiowers  of  government  shall  he 
divided  into  three  distinct  departments — the  legislative,  executive  and  judicial 
each  of  which  shall  be  confided  to  a  separate  magistracy,  and  no  person,  or  collec- 
tion of  persons,  charged  with  the  exercise  of  powers  i)roperly  belonging  to  one  of 
those  departments,  shall  exercise  any  power  belonging  to  either  of  the  others, 
oicept  in  the  instances  in  this  Constitution  expressly  directed  or  permitted. 

(Same  subslantlally   as  Const.    1S6.">,    .\rt.   ?,.] 

.\RTICLK  IV. 

LEG1SL.\TIVK   DEPARTMENT. 

Section  1.  The  leKlslative  power,  subject  to  the  limitations  herein  contained. 
■hall  be  vested  in  a  Senate  and  House  of  Representatives,  to  be  styled  "The  Gen- 
eral  .\ssembly  of  the  State  of  Missouri." 

ISubstantially    samp  as   Const.    1Si;."t.    Art.    I.    Soc.    1.] 

REPUK.'^KNT.VTION     AND    .\PP0RT10.N'MI:NT. 

Sec.  2.  Repre.sentutivi-s,  apportioumeut. — The  House  of  Rei)reaeutatives  shall 
'■nnslst  of  members  to  be  chosen  every  second  year  by  the  qualified  voters  of  the 
several  counties,  and  atiportioned  in  the  following  manner:  The  ratio  of  repre- 
i<«ntation  shall  be  ascertained  at  each  apportioning  session  of  the  General  .Assem- 
bly, by  dividing  the  whole  number  of  inhabitants  of  the  State,  as  ascertained  hy 
the  last  decennial  census  of  the  I'nited  States,  by  the  number  two  hundred.  Each 
county  having  one  ratio,  or  less,  shall  be  entitled  to  one  Representative;  each 
county  having  two  and  a  half  times  said  ratio  shall  be  entitled  to  two  Representa- 
tives; each  county  having  four  times  said  ratio  shall  be  entitled  to  three  Repre- 
sentatives; each  county  having  six  limes  such  ratio  shall  be  entitled  to  four  Repre- 
sentatives, and  so  on  above  that  number,  giving  one  additional  member  for  every 
two  and  a  half  additional  ratios. 

tConst.  1SS5.  An.  ).  Sfc.  ::,  gnv*  unr  aOdltional  member  for  every  three  additional 
rmtlos.  1 

•Proposed  amendment  will  »-i-  submitted  nt  the  eleutlon   In   l'JO'4   (Ijiw.i   1907.  p.  4.121. 


28  CONSTITUTION  OF  TUE  STATE  OF  MISSOURI.  [jUlT.  IV 

Sec.  3.  Counties,  division  of  into  tlistricts. — When  any  county  shall  be  en- 
titled to  more  than  one  Representative,  the  county  court  shall  cause  such  county 
to  be  subdivided  into  districts  of  compact  and  contiguous  territory,  corresponding 
in  number  to  the  Representatives  to  which  such  county  is  entitled,  and  in  popula- 
tion as  nearly  equal  as  may  be,  in  each  of  which  the  qualified  voters  shall  elect 
one  Representative,  who  shall  be  a  resident  of  such  district:  Provided.  That 
when  any  county  shall  be  entitled  to  more  than  ten  Representatives,  the  circuit 
court  shall  cause  such  county  to  be  subdivided  into  districts,  so  as  to  give  each 
district  not  less  than  two  nor  more  than  four  Representatives,  who  shall  be  resi- 
dents of  such  district — the  population  of  the  districts  to  be  apportioned  to  the 
number  of  Representatives  to  be  elected  therefrom. 

[Proviso  new.      Rest  same  as  last  part  of  Const.  ISeTi,  Art.  4,  Sec.  2.] 

Sec.  4.  Representatives — qualiticatious. — No  person  shall  be  a  member  of 
the  House  of  Representatives  who  sliall  not  have  attained  the  age  of  twenty-four 
years,  who  shall  not  be  a  male  citizen  of  the  United  States,  who  shall  not  have 
been  a  qualified  voter  of  this  State  two  years,  and  an  inhabitant  of  the  county  or 
district  which  he  may  be  chosen  to  represent  one  year  next  before  the  day  of  his 
election,  if  such  county  or  district  shall  have  been  so  long  established,  but  if  not, 
then  of  the  county  or  district  from  which  the  same  shall  have  been  tal<en,  and 
who  shall  not  have  paid  a  State  and  county  tax  within  one  year  next  preceding 
the  election. 

[Const.   1865,  Art.   4,  Sec.   3.] 

Sec.  5.  Senators,  number — .Senatorial  districts. — The  Senate  shall  consist  of 
thirty-four  members,  to  be  chosen  by  the  qualified  voters  of  their  respective 
districts  for  four  years.  For  the  election  of  Senators  the  State  shall  be  divided 
into  convenient  districts,  as  nearly  equal  in  population  as  may  be,  the  same  to  be 
ascertained  by  the  last  decennial  census  taken  by  the  United  States. 

[Substantially   same  as  Const.    I>i6'<.   Art.    4.   .Sees.   4   and   6.] 

Sec.  6.  Senators,  qualifications — counties  divided,  when. — No  person  shall 
be  a  Senator  who  shall  not  have  attained  the  age  of  thirty  years,  who  shall  not  be 
a  male  citizen  of  the  United  States,  who  shall  not  have  been  a  qualified  voter 
of  this  State  three  years,  and  an  inhabitant  of  the  district  whicli  he 
may  be  chosen  to  represent  one  year  next  before  the  day  of  his  election,  if  such 
district  shall  have  been  so  long  established,  but  if  not,  then  of  the  district  or  dis- 
tricts from  which  the  same  shall  have  been  taken,  and  who  shall  not  have  paid  a 
State  and  county  tax  within  one  year  next  preceding  the  election.  When  any 
county  shall  be  entitled  to  more  than  one  Senator,  the  circuit  court  shall  cause 
such  county  to  be  subdivided  into  districts  of  compact  and  contiguous  territory, 
and  of  population  as  nearly  equal  as  may  be,  corresponding  in  number  with  the 
Senators  to  which  such  county  may  be  entitled:  and  in  each  of  these  one  Senator, 
who  shall  be  a  resident  of  such  district,  shall  be  elected  by  the  qualified  voters 
thereof. 

[See  Const.  1865.  Art.  4,  Sec.  5.] 

Sec.  7.  .Apportionment,  rule  of. — Senators  and  Representatives  shall  be 
chosen  according  to  the  rule  of  apportionment  established  in  this  Constitution, 
until  the  next  decennial  census  by  the  United  States  shall  have  been  taken,  and 
tlie  result  tliereof  as  to  tliis  State  ascertained,  when  the  apportionment  sliall  be 
revised  and  adjusted  on  the  basis  of  that  census,  and  every  ten  years  tliereafter 
upon  the  basis  of  the  United  States  census;  or  if  such  census  be  not  taken,  or  is 
delayed,  then  on  tlie  basis  of  a  State  census;  such  apportionment  to  be  made  at 
the  first  session  of  the  General  Assembly  after  each  census:  Provided,  That  if 
at  any  time,  or  from  any  cause,  the  General  Assembly  shall  fail  or  refuse  to 
district  the  State  for  Senators,  as  required  in  this  section,  it  shall  be  the  duty  of 
the  Governor,  Secretary  of  State  and  Attorney-General,  within  thirty  days  after 
the  adjournment  of  the  General  Assembly  on  which  such  duty  devolved,  to  per- 
form said  duty,  and  to  file  in  the  office  of  the  Secretary  of  State  a  full  statement 
of  the  districts  formed  by  them,  including  the  names  of  the  counties  embraced  in 
each  district,  and  the  numbers  thereof:  said  statement  to  be  signed  by  them,  and 
attested  by  the  Great  Seal  of  the  State,  and  upon  the  proclamation  of  the  Governor, 
the  same  shall  be  as  binding  and  effectual  as  if  done  by  the  General  Assembly. 

[The  proviso  and  the  two  preeedinK  clauses  are  new.  Const.   1S65.  .-Vrt.   4.  Sec.   7.] 

Sec.  8.  Representatives,  number  of  until  apportionment. — Until  an  appor- 
tionment of  Representatives  can  be  made  in  accordance  with  the  provisions  of  this 
article,  the  House  of  Representatives  shall  consist  of  one  hundred  and  forty-three 
members,  which  shall  be  divided  among  the  several  counties  of  the  State  as  fol- 
lows: The  county  of  St.  Louis  shall  have  seventeen;  the  county  of  Jackson  four; 
the  county  of  Buchanan  three;  the  counties  of  Franklin,  Greene,  ,Iohnsou,  Lafay- 
ette, Macon,  Marion,  Pike  and  Saline,  each  two.  and  each  of  the  other  counties  in 
the  State  one. 

[New  section.] 

[Apportionment  made  as  authorized  by  this  section  bv  act  approved  March  12th. 
1901,     See   laws   1901.] 


jjiT.  iv.|  t;()XSTiTrTioN  i>y  tmk  st.vtk  oy  Mis.sorn!.  29 

Sec.  9.  IHsCrlrls,  all<-niti<>ii,  rniitimiity. — Senatorial  and  Representative  dis- 
tricts may  be  altered,  fidiii  liiiu'  in  time,  as  public  convenience  may  require. 
When  any  Senatorial  district  shall  be  composed  of  two  or  more  counties,  they  shall 
be  contiKuous:  such  district  to  be  as  compact  as  may  be,  and  In  the  formation  of 
the  same  no  county  shall   be  divided. 

l"Such  cli.Mtrlct.s  to  lie  compact. "  etc..  Is  new.      CVmst.   lS«r.,   Art.    1.  Sco.  S.J 

See.  10.  Seiintors  niid  K«'pre.senl«tives,  uiieii  elected. — The  first  election  of 
Senators  and  Representatives,  under  this  Constitution,  shall  be  held  at  the  general 
election  In  the  year  one  thousand  eight  hundred  and  seventy-six,  when  the  whole 
number  of  Representatives,  and  the  Senators  from  the  districts  having  odd  num- 
bers, who  shall  comiiose  the  first  class,  shall  be  chosen:  and  in  one  thousand  eight 
hundred  and  seventy-eight,  the  benators  from  the  districts  having  even  numbers, 
who  shall  compose  the  second  class,  and  so  on  at  each  succeeding  general  election, 
half  the  Senators  provided  for  by  this  Constitution  shall  be  chosen. 

ICon.st.  ISi;.',,  .\rt.    I.  S.cs    0  anil  10.] 

Sec.  11.  Senatoriiil  districts. — Until  the  State  shall  be  divided  into  Senatorial 
districts,  in  accordance  with  the  i)rovlsions  of  this  article,  said  districts  shall  be 
constituted  and   numbered   as  follows: 

The  first  district  shall  be  composed  of  the  counties  of  Andrew,  Holt,  Nodaway 
and  Atchison. 

Second  District — The  counties  of  Buchanan,  DeKalb,  Gentry  and  Worth. 

Third  District — The  counties  of  Clay.  Clinton  and  Platte. 

Fourth   District — The  counties  of  Caldwell,   Ray,   Daviess  and   Harrison. 

Fifth  District — The  counties  of  Livingston,  Grundy,  Mercer  and  Carroll. 

Sl.\th  District — The  counties  of  Linn.  Sullivan.  I'utnam  and  Chariton. 

Seventh  District — The  counties  of  Randolph,  Howard  and  Monroe. 

Eighth   District — The  counties  of  Adair,   Macon  and  Scliuyler. 

Ninth  District — The  counties  of  Audrain,  Hoone  and  Callaway. 

Tenth  District — The  counties  of  St.  Charles  and  Warren. 

Kleventh  District — The  counties  of  Pike,  Lincoln  and  Montgomery. 

Twelfth   District — The  counties  of  Lewis.  Clark.  Scotland  and  Knox. 

Thirteenth  District — The  counties  of  Marion,  Shelby  and  Ralls. 

Fourteenth    District — The  counties   of   Bates,   Cass  and    Henry. 

Fifteenth  District — The  county  of  .Jackson. 

Sixteenth  District — The  counties  of  Vernon.  Barton,  Jasper,  Newton  and  .Mc- 
Donald. 

Seventeenth  District — The  counties  of  Lafayette  and  Johnson. 

Eighteenth  District — The  counties  of  Greene,  Lawrence,  Barry,  Stone  and 
Cbristian. 

Nineteenth  District — The  counties  of  Saline,  Pettis  and  Benton. 

Twentieth  District — The  counties  of  Polk,  Hickory,  Dallas.  Dade,  Cedar  and 
St.  Clair. 

Twenty-first  District — The  counties  of  Laclede,  Webster,  Wright,  Texas.  Doug- 
las. Taney,  Ozark  and  Howell. 

Twenty-second  District — The  counties  of  Phelps,  Miller,  Maries,  Camden, 
Pulaski,  Crawford  and   Dent. 

Twenty-third  District — The  counties  of  Cape  Girardeau,  Mississippi,  New 
.Madrid.  Pemiscot.  Dunklin,  Stoddard  and  Scott. 

Twenty-fourth  District — The  counties  of  Iron,  .Madison,  Bollinger,  Wayne. 
Butler.  Reynolds.  Carter,  Ripley.  Oregon  and  Shannon. 

Twenty-fifth   District — The  counties  of  Franklin.  Gasconade  and  Osage. 

Twenty-sixth  District — The  counties  of  Washington,  Jefferson,  St.  Francois, 
Stc.  Genevieve  and  Perry. 

Twenty-eighth  District — The  counties  of  Cooper,  Moniteau,  Morgan  and  Cole. 

St.  Louis  county  shall  be  divided  into  seven  districts,  numbered  respectively 
an  follows: 

Twinty-seventh,  Twenty-ninth,  Thirtieth.  Thirty-flrsl,  Thirty-second,  Thirty- 
•hlrd  and  Thirty-fourth. 

CTh,'  I-'ortv-rirMt  (l.-rnTal  .•\!iscinl>ly  having  mljourncil  without  n-dlstrictlnfr  tho 
■late  Into  S.-nnlorlal  illatrlots.  tliat  duty  devolved  upon  the  Governor.  Secretary  of  State 
111. I  Altorney-c.nernl  liy  the  ronalltiillon  (section  7.  article  IV).  and  they  ncoordlnKly. 
n  the  lith  iliiv  of  April,  1901.  performeil  that  duty,  and  divided  the  State  Into  Senatorial 
ti.'itrlit.i.  n.ii  follou-ii. 

First — The  counties  of  Atchison,  Gentry.   .Nodaway  and   Worth. 

Second — Buchanan. 

Third  -Andrew,  Clay,  Clinton,  DeKalb.  Holt  and  Platte. 

Fourth      Grundy,  Harrison,  Livingston.  .Mercer  and  Putnam. 

Fifth  and  Seventh — Jackson. 

Sixth  —  Charlton.  Linn  and  Sullivan. 

Eighth— Caldwell.  Carroll.   Daviess  and  Ray. 

Ninth — .\dalr.  Macon  and  Shelby. 

Tenth — Boone.  Callaway.  Montgomery.  St.  Charles  and  Warren. 


30  CONSTITITION  lib"  THK  STATE  OF  MISSOURI.  [AUTILI.K  J  V. 

Eleventh — Audrain,   Lincoln  and  Pike. 

Twelfth — Clark,  Knox,   Lewis,  Scotland  and   Schuyler. 

Thirteenth — Marion,  Monroe,  Ralls  and  Randolph. 

Fourteenth — Camden,  Cooper,  Howard,  Moniteau  and  Morgan. 

Fifteenth — Benton,  Hickory,   Pettis  and  Saline. 

Sixteenth — Bates,  Cedar,  Henry  and  St.  Clair. 

Seventeenth — Cass.  Johnson  and  Lafayette. 

Eighteenth — Barry,   Lawrence,  McDonald  and  Newton. 

.Nineteenth — Christian,  Dallas,  Douglas,  Ozark,  Polk,  Stone,  Taney  and 
Webster. 

Twentieth — Barton,  Dade,  Greene  and  Vernon. 

Twenty-first — Bollinger.  Butler,  Cape  Girardeau,  Carter,  Dunklin,  Ripley  and 
Wayne. 

Twenty-second — Howell,  Oregon,  Shannon,  Texas  and  Wright. 

Twenty-third — Mississippi,   New   Madrid,   Pemiscot,   Scott   and   Stoddard. 

Twenty-fourth — Crawford.  Dent,  Iron,  Phelps,  Reynolds  and  Washington. 

Twenty-fifth — Franklin,   Gasconade  and  St.   Louis. 

Twenty-sixth — Jefferson,  Madison,  Perry,  St.  Francois  and  Ste.  Genevieve. 

Twenty-seventh — Cole,  Laclede,   Maries,   Miller,   Osage  and   Pulaski. 

Twenty-eighth — Jasper. 

[Twenty-ninth,  Thirtieth,  Thirty-first,  Thirty-second,  Thirty-third  and  Thirty- 
fourth — City  of  St.  Louis.] 

Sec.  12.  Members  of  (Jeneral  Assembly  cannot  hold  other  offices. — No  Sen- 
ator or  Representative  shall,  during  the  term  for  which  he  shall  have  been  elected, 
be  appointed  to  any  office  under  this  State,  or  any  municipality  thereof;  and  no 
member  of  Congress  or  person  holding  any  lucrative  office  under  the  United  States, 
or  this  State,  or  any  municipality  thereof  (militia  officers,  justices  of  the  peace 
and  notaries  public  excepted),  shall  be  eligible  to  either  house  of  the  General 
Assembly,  or  remain  a  member  thereof,  after  having  accepted  any  such  office  or 
seat  in  either  house  of  Congress. 

[Fir.st  clause  is  new;  also  the  word  "miinicipality."     Const.  1865,  Art.  4.  Sec.   11.1 

Sec.  13.  Office  vacated  by  removal. — If  any  Senator  or  Representative  remove 
his  residence  from  the  district  or  county  for  which  he  was  elected,  his  office  shall 
thereby  be  vacated. 

(Same  as  Const,  inhs.  Art.  4,  Sec.  i:<.  1 

Sec.  14.  Election  to  fill  vacancy. — Writs  of  election  to  fill  such  vacancies  as 
may  occur  in  either  house  of  the  General  Assembly  shall  be  issued  by  the  Governor. 

[Same   as   Const.    ISe.''..    Art.    4.   Sec.    14.] 

Sec.  15.  Oath  of  office,  where  administered,  violation  of. — Every  Senator  and 
Representative-elect,  before  entering  upon  the  duties  of  his  office,  shall  take  and 
subscribe  the  following  oath  or  affirmation:  "I  do  solemnly  swear,  or  affirm, 
that  I  will  support  the  Constitution  of  the  United  States  and  of  the  State  of  Mis- 
souri, and  faithfully  perform  the  duties  of  my  office;  and  that  I  will  not  knowingly 
receive,  directly  or  indirectly,  any  money  or  other  valuable  thing  for  the  iierform- 
ance  or  nonperformance  of  any  act  or  duty  pertaining  to  my  office,  other  than  the 
compensation  allowed  by  law."  The  oath  shall  be  administered  in  the  halls  of  their 
respective  houses,  to  the  members  thereof,  by  some  judge  of  the  Supreme  Court,  or 
the  circuit  court,  or  the  county  court  of  Cole  county,  or  after  the  organization,  by 
the  presiding  officer  of  either  house,  and  shall  be  filed  in  the  office  of  the  Secre- 
tary of  State.  Any  member  of  either  house  refusing  to  take  said  oath  or  affirma- 
tion shall  be  deemed  to  have  thereby  vacated  his  office,  and  any  member  convicted 
of  having  violated  his  oath  or  affirmation  shall  be  deemed  guilty  of  perjury,  and 
be  forever  thereafter  disqualified  from  holding  any  office  of  trust  or  profit  in  this 
State. 

[New  section.] 

Sec.  16.  Members,  compensation  of.* — The  members  of  the  General  Assembly 
shall  severally  receive  from  the  public  treasury  such  compensation  for  their  serv- 
ices as  may,  from  time  to  time,  be  provided  by  law,  not  lo  exceed  five  dollars  per 
day  for  the  first  seventy  days  of  each  session,  and  after  that  not  to  exceed  one 
dollar  per  day  for  the  remainder  of  the  session,  except  the  first  session  held  under 
this  Constitution,  and  during  revising  sessions,  when  they  may  receive  five  dollars 
per  day  for  one  hundred  and  twenty  days,  and  one  dollar  per  day  for  the  remain- 
der of  such  sessions.  In  addition  to  per  diem,  the  members  shall  be  entitled  to 
receive  traveling  expenses  or  mileage;  for  any  regular  and  extra  session  not  greater 
than  now  provided  by  law;  but  no  member  shall  be  entitled  to  traveling  expenses 
or  mileage  for  any  extra  session  that  may  be  called  within  one  day  after  an  ad- 
journment of  a  regular  session.  Committees  of  either  house,  or  joint  committees 
of   both   houses,   appointed   to  examine   the   institutions   of   the   State,   other   than 


•Amendment   to    be   submitted  at   election    in    190S.      (Laws   1907,   p.    457.) 


|AKT.  IV. 1  CONSTITUIION  ilK   lilt  MAI  hJ  UF  MlSSOl'RI.  31 

those  at  the  seat  of  Roveriiment.  may  receive  their  actual  expenses,  necessarily  in- 
curred while  in  the  performance  of  such  duty;  the  items  of  such  expenses  to  be 
returned  to  the  chairman  of  such  committee,  and  by  him  certified  to  the  State 
Auditor,  before  the  same,  or  any  part  thereof,  can  be  jiaid.  lOach  member  may 
receive  at  each  regular  session  an  additional  sum  of  thirty  dollars,  which  shall  be 
iu  full  for  all  stationery  used  in  his  official  capacity,  and  all  postage,  and  all  other 
incidental  expenses  and  iierquisites;  and  no  allowance  or  emoluments,  for  any 
purpose  whatever,  shall  be  made  to  or  received  by  the  members,  or  any  member  of 
either  liouse,  or  for  their  use.  out  of  the  contingent  fund  or  otherwise,  except  as 
herein  exjiressly  provided;  and  no  allowance  or  etnolument.  for  any  purpose  what- 
ever, shall  ever  be  paid  to  any  officer,  agent,  servant  or  employe  of  either  house 
of  the  General  Assembly  or  of  any  committee  thereof,  except  such  per  diem  as 
may  be  provided  for  by  law.  not  to  exceed  five  dollars. 

INow  section,  ext'opt  the  provision  preceding  the  words  "not  to  exceed  five  dollars 
per  day."     Const.  1865,  Art.  4,  Sec.   17.) 

Sec.  17.  OrKnnizulioii  niid  nenernl  rules. — Each  house  shall  appoint  its  own 
officers;  shall  be  sole  judRe  of  the  qualifications,  election  and  returns  of  its  own 
members;  may  determine  the  rules  of  its  own  proceedings,  except  as  herein  pro- 
vided: may  arrest  and  punish  by  line  not  exceeding  three  hundred  dollars,  or  im- 
prisonment in  a  county  jail  not  exceeding  ten  days,  or  both,  any  person,  not  a 
member,  who  shall  be  guilty  of  disrespect  to  the  house  by  any  disorderly  or  con- 
temptuous behavior  in  its  presence  during  its  sessions;  may  punish  its  members 
for  disorderly  conduct,  and,  with  the  concurrence  of  two-thirds  of  all  members 
elect,  may  expel  a  member;  but  no  member  shall  be  expelled  a  second  time  for  the 
same  cause. 

l.>>ubstnntiall.v  same  as  Const.  1S65.  Art.  -1.  Sec.  19.) 

Sec.  18.  .Ma.iority  n  quorum,  absent  members. — A  majority  of  the  whole 
number  of  members  of  each  house  shall  constitute  a  quorum  to  do  business;  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  may  compel  the  attendance  of 
absent  members  in  such  manner  and  under  such  penalties  as  each  house  may 
provide. 

[Const.    lS6.i.   Art.    1.  Sec.    18.1 

Sec.  19.     Session.s  must  be  ])ul>lic. — The  sessions  of  each  house  shall  be  held 
with  open  doors,  except  in  cases  which  may  require  secrecy. 
IConst  1865.  Art.  4.Sec.  21.] 

Sec.  20.  Time  of  iiieetin}; — hi<Mniial  terms, — The  General  Assembly  elected 
In  the  year  one  thousand  eight  hundred  and  seventy-six  shall  meet  on  the  first 
Wednesday  after  the  first  day  of  January,  one  thousand  eight  hundred  and  seventy- 
seven;  and  thereafter  the  General  Assembly  shall  meet  in  regular  session  once 
only  in  every  two  years;  and  such  meeting  shall  be  on  the  first  Wednesday  after 
the  first  day  of  January  next  after  the  elections  of  the  members  thereof. 

[The  word  "only."  pn  i-.cliiic  the  word.>!  "in  ivory  two  years,"  is  not  In  the  Const. 
of   1S65.   Art.   4.  Sec.   3.=i. ) 

Sec.  21.  Shall  not  adjourn  for  more  lliun  three  days. — Every  adjournment  or 
recess  taken  by  the  General  .Assembly  for  more  than  three  days  shall  have  the 
effect  of  and  be  an  adjournment  sine  die. 

tNcw  section.) 

Sec.  22.  .Adjournment  for  three  days  or  less, — Every  adjournment  or  recess 
taken  by  the  General  Assembly  for  three  days  or  less  shall  be  construed  as  not 
Interrupting  the  session  at  which  they  are  had  or  taken,  but  as  continuing  the 
session  for  all  the  purposes  mentioned  in  section  sixteen  of  this  article. 

[New   section  1 

Sec.  23.  .\<lji>nrnnunt  by  (■(in>.<-nt. — Neither  house  shall,  without  the  con- 
sent of  the  other,  adjourn  for  more  than  two  days  at  any  one  time,  nor  to  any 
other  place  than  that  in  which  the  two  houses  may  be  sitting, 

ICon»t.    1S65,   Art.   4,   Sec.    22.) 

LEGlSLATIVi:    TROCEEDINGS. 

Sec.  24.  The  style  of  the  laws  of  this  State  shall  be;  "Be  it  enacted  by  the 
General  Assembly  of  the  State  of  Missouri,  as  follows;" 

tConst.__lS6.%.  Art.   4.  .'!.r    .lA.] 

Sec.  2!).  I^tU's  piLs.sod  by  bilN,  evtent  of  nnieiulinents. — No  law  shall  be 
passed  except  by  bill,  and  no  bill  shall  be  so  amended  In  its  passage  through  either 
house  as  to  change  Its  original  purpose. 

^New  nectioo.) 


32  CONSTITUTION    OF    THE    STATE    OF    MISSOURI.  I  ART.   IV. 

Sec.  26.  Origin  of  bills — must  be  read  on  three  days. — Bills  may  originate 
in  either  house,  and  may  be  amended  or  rejected  by  the  other;  and  every  bill 
shall  be  read  on  three  different  days  in  each  house. 

[See  Const.   1S65,   Art.   4.   Sec.   23.] 

Sec.  27.  Bills  must  be  reported  and  printed. — No  bill  shall  be  considered 
for  final  passage  unless  the  same  has  been  reported  upon  by  a  committee  and 
printed  for  the  use  of  the  members. 

[New  section.] 

Sec.  2  8.  Bills  must  contain  but  one  subject — title. — No  bill  (except  general 
appropriation  bills,  which  may  embrace  the  various  subjects  and  accounts  for  and 
on  account  of  which  moneys  are  appropriated,  and  except  bills  passed  under  the 
third  subdivision  of  section  forty-four  of  this  article)  shall  contain  more  than  one 
subject,  which  shall  be  clearly  expressed  in  its  title. 

[See  Const.   186.5,  Art.  4,  Sec.  32.] 

Sec.  29.  Amendments  to  be  incorporated  in  bill  and  printed. — All  amend- 
ments adopted  by  either  house  to  a  bill  pending  and  originating  in  the  same  shall 
be  incorporated  with  the  bill  by  engrossment,  and  the  bill  as  thus  engrossed  shall  be 
printed  tor  the  use  of  the  members  before  its  final  passage.  The  engrossing  and 
printing  shall  be  under  the  supervision  of  a  committee,  whose  report  to  the  house 
shall  set  forth,  in  writing,  that  they  find  the  bill  truly  engrossed,  and  that  the 
printed  copy  furnished  to  the  members  is  correct. 

[New   section.] 

Sec.  30.  Bill  passed  in  one  house,  amended  in  the  other,  to  be  returned. — If 
a  bill  passed  by  either  house  be  returned  thereto,  amended  by  the  other,  the  house 
to  which  the  same  is  returned  shall  cause  the  amendment  or  amendments  so  re- 
ceived to  be  printed  under  the  same  supervision  as  provided  in  the  next  preceding 
section  for  the  use  of  the  members  before  final  action  on  such  amendments. 

[New   section.] 

Sec.  31.  Bill,  final  vote  on,  jeas  and  nays. — No  bill  shall  become  a  law, 
unless  on  its  final  passage  the  vote  be  taken  by  yeas  and  nays,  the  names  of  the 
members  voting  for  and  against  the  same  be  entered  on  the  journal,  and  a  majority 
of  the  members  elected  to  each  liouse  be  recorded  thereon  as  voting  in  its  favor. 

[Same  in  substance  as  Const.   1S(J5.   .\rt.   4.  Sec.   24.] 

Sec.  3  2.  Amendments  and  reports. — No  amendment  to  bills  by  one  house 
shall  be  concurred  in  by  the  other,  except  by  a  vote  of  a  majority  of  the  members 
elected  thereto,  taken  by  yeas  and  nays,  and  the  names  of  those  voting  for  and 
against  recorded  upon  the  journal  thereof;  and  reports  of  committees  of  con- 
ference shall  be  adopted  in  either  house  only  by  the  vote  of  a  majority  of  the 
members  elected  thereto,  taken  by  yeas  and  nays,  and  the  names  of  those  voting 
recorded    upon   the   journal. 

[New    section.] 

Sec.  33.  Act  revived  or  re-enacted,  how. — No  act  sliall  be  revived  or  re- 
enacted  by  mere  reference  to  the  title  thereof,  but  the  same  shall  be  set  forth  at 
length,  as  if  it  were  an  original  act. 

[.Same  as  Const.   1S65.   Art.   4,   Sec.   25.] 

Sec.  3  4.  .■let  amended,  how. — No  act  shall  be  amended  by  providing  that 
designated  words  thereof  be  stricken  out,  or  that  designated  words  be  inserted. 
or  that  designated  words  be  stricken  out  and  others  inserted  in  lieu  thereof;  but 
the. words  to  be  stricken  out,  or  the  words  to  be  inserted,  or  the  words  to  be 
stricken  out  and  those  inserted  in  lieu  thereof,  together  with  the  act  or  section 
amended,  shall  be  set  forth  in  full  as  amended. 

[Const.    1S6'..   .\rt.   4.   Sec.   2.5.] 

Sec.  3  5.  Motion  to  reconsider — bill  on  final  passage. — When  a  bill  is  put 
upon  its  final  passage  in  either  house,  and  failing  to  pass,  a  motion  is  made  to  re- 
consider the  vote  by  which  it  was  defeated,  the  vote  upon  such  motion  to  reconsider 
shall  be  immediately  taken,  and  the  subject  finally  disposed  of  before  the  house 
proceeds  to  any  other  business. 

[New  section.] 

Sec.  36.  Laws  take  effect  when. — No  law  passed  by  the  General  Assembly, 
except  the  general  appropriation  act,  shall  take  effect  or  go  into  force  until  ninety 
days  after  the  adjournment  of  the  session  at  which  it  was  enacted,  unless  in  case 
of  an  emergency  (which  emergency  must  be  expressed  in  the  preamble  or  in  the 
body  of  the  act),  the  General  Assembly  shall,  by  a  vote  of  two-thirds  of  all  the 
members  elected  to  each  house,  otherwise  direct;  said  vote  to  be  taken  by  yeas 
and  nays,  and  entered   upon  the  journal. 

[New  section.] 

Sec.  3  7.  Bills  si}{ned  by  presiding  officers. — No  bill  shall  become  a  law  until 
the  same  shall  have  been  signed  by  the  presiding  officer  of  each  of  the  two  houses 
in  open  session;  and  before  such  officer  sliall  affix  his  signature  to  any  bill,  he 
shall  suspend  all  other  business,  declare  that  such  bill  will  now-  be  read,  and  that, 
it  no  objections  be  made,  he  will  sign  the  same  to  the  end   that  it  may  become 


AUT  IV. 1     .  CONSTITUTION    OK  THK   STATIC   Ol'   .MISSOl'RI.  33 

a  law.  The  bill  shall  then  be  read  at  length,  and  if  no  objection  be  made,  he  shall, 
in  presence  of  the  house,  in  open  session,  and  before  any  other  business  is  enter- 
tained, affix  his  signature,  which  fact  shall  be  noted  on  the  journal,  and  the  bill 
Immediately  sent  to  tlio  other  house.  When  it  reaches  the  other  house,  the  pro- 
siding  officer  thereof  shall  immediately  suspend  all  other  business,  announce 
the  reception  of  the  bill,  and  the  same  proceedings  shall  thereupon  bo  observed, 
In  every  respect,  as  in  the  house  in  which  it  was  first  signed.  If  in  either  liouse 
any  member  shall  object  that  any  substitution,  omission  or  insertion  has  occurred, 
so  that  the  bill  proposed  to  be  signed  is  not  the  same  in  substance  and  form  as 
when  considered  and  i)assed  by  the  house,  or  that  any  i)articular  clause  of  this 
article  of  the  Constitution  has  been  violated  in  its  passage,  such  objection  shall 
be  passed  upon  by  the  house,  and  if  sustained,  the  presiding  officer  shall  withhold 
his  signature:  but  if  such  objection  shall  not  be  sustained,  then  any  five  members 
may  embody  the  same,  over  their  signatures,  in  a  written  protest,  under  oath, 
against  the  signing  of  the  bill.  Said  protest,  when  offered  in  the  house,  shall  be 
noted  upon  the  journal,  and  the  original  shall  be  annexed  to  the  bill  to  be  con- 
sidered by  the  Governor  in  connection  therewith. 
•      (New  section.      Soe  .\rt.  5,  Sec.   12] 

■  Sec.  38.  Hil!.>i,  npprovnl  of  (iovernor. — When  the  bill  has  been  signed,  as 
provided  for  in  the  preceding  section,  it  shall  be  the  duty  of  the  Secretary  of 
the  Senate,  if  the  bill  originated  in  the  Senate,  and  of  the  Chief  Clerk  of  the 
House  of  Representatives,  if  the  bill  originated  in  the  House,  to  present  the  same 
in  person,  on  the  same  day  on  which  it  was  signed  as  aforesaid,  to  the  Governor, 
and  enter  the  fact  upon  the  journal.  Every  bill  presented  to  the  Governor,  and 
returned  within  ten  days  to  the  house  in  which  the  same  originated,  witli  the 
approval  of  the  Governor,  shall  become  a  law,  unless  it  be  in  violation  of  some 
provision  of  this  Constitution. 

(New  section.      See  .Art.  5.  Sec.   12.) 

Sec.  39.  Hills  returned  willioiil  approval. — Every  bill  presented  as  afore- 
said, but  returned  without  the  approval  of  the  Governor  and  with  his  objection 
thereto,  shall  stand  as  reconsidered  in  the  house  to  which  it  is  returned.  The 
house  shall  cause  the  objections  of  the  Governor  to  be  entered  at  large  upon  the 
lournal,  and  proceed,  at  its  convenience,  to  consider  the  ouestion  pending,  which 
shall  be  in  this  form:  "Shall  the  bill  pass,  the  objections  of  the  Governor  thereto 
notwithstanding?"  The  vote  upon  this  question  shall  be  taken  by  yeas  and  nays, 
and  the  name.s  entered  upon  the  journal,  and  if  two-thirds  of  all  the  members 
elected  to  the  house  vote  in  the  affirmative,  the  presiding  officer  of  that  house 
shall  certify  that  fact  on  the  roll,  attesting  the  same  by  his  signature,  and  send 
the  bill,  with  the  objections  of  the  Governor,  to  the  other  house,  in  which  like 
proceedings  shall  be  had  in  relation  thereto,  and  if  the  bill  receive  a  like  majority 
of  the  votes  of  all  the  members  elected  to  that  house,  the  vote  being  taken  by  yeas 
and  nays,  the  presiding  officer  thereof  shall,  in  like  manner,  certify  the  fact  lipoQ 
the  bill.  The  l)ill  thus  certified  shall  be  deposited  in  the  office  of  the  Secretary 
of  State,  as  an  authentic  act,  and  shall  become  a  law  in  the  same  manner  and  with 
like  effect  as  if  it  had  received  the  approval  of  the  Governor. 

(Sec  Const.   I'iCj,  Art.   5,  See.  9.] 

Sec.  40.  Failure  of  Governor  to  approve  or  return  bill — proceedings. — When- 
ever the  Governor  shall  fall  to  perform  his  duty,  as  prescribed  in  section  12, 
Article  V  of  this  Constitution,  in  relation  to  any  bill  presented  to  him  for  his  ap- 
proval, the  General  Assembly  may,  by  joint  resolution,  reciting  the  fact  of  such 
failure  and  the  bill  at  length,  direct  the  Secretary  of  State  to  enroll  the  same 
as  an  authentic  act,  in  the  archives  of  the  State,  and  such  enrollment  shall  have  the 
same  effect  as  an  approval  by  the  Governor.  ProiMcil.  That  such  joint  resolution 
■'hall  not  be  submitted  to  the  Governor  for  his  approval. 

I  New  section.] 

Sec.  41.  Ijiws — revision  of. — Within  five  years  after  the  adoption  of  this 
Constitution,  all  the  statute  laws  of  a  general  nature,  both  civil  and  criminal,  shall 
be  revised,  digested  and  promulgated  in  such  manner  as  the  General  Assembly 
shall  direct:  and  a  like  revision,  digest  and  promulgation  shall  be  made  at  the 
expiration  of  every  subsequent  period  of  ten  years. 

[New  section.] 

Sec.  4  2.  Journal  of  encli  hou.M-  published — ycixn  and  nays  noted. — Each  house 
shall,  from  time  to  time,  publish  a  journal  of  its  proceedings  and  the  yeas  and 
nays  on  any  question  shall  be  taken  and  entered  on  the  journal  at  the  motion 
of  any  two  members.  Whenever  the  yeas  and  nays  are  demanded,  the  whole  list 
of  members  shall  be  called,  and  the  names  of  the  absentees  shall  be  noted  and 
published  In  the  Journal. 

[See  Const.    H65.   Art.    4.  Sec.   20.1 


34  CONSTITUTION    OF    THE    STATE    OF    MISSOURI.  [ART.   IV. 

LIMITATION  ON  LEGISLATIVE  POWER. 

Sec.  43.  Appropriations,  order  of. — All  revenue  collected  and  moneys  received 
by  the  State  from  any  source  whatsoever  shall  go  into  the  treasury,  and  the  General 
Assembly  shall  have  no  power  to  divert  the  same,  or  to  permit  money  to  be  drawn 
from  the  treasury,  except  in  pursuance  of  regular  ai)propriations  made  by  law. 
All  appropriations  of  money  by  the  successive  General  Assemblies  shall  be  made 
in  the  following  order: 

First,  For  the  payment  of  all  interest  upon  the  bonded  debt  of  the  State  that 
may  become  due  during  the  term  for  which  each  General  Assembly  is  elected. 

Second,  For  the  benefit  of  the  sinking  fund,  which  shall  not  be  less  annually 
than  two  hundred   and  fifty   thousand   dollars. 

Third.  For  free  public  school  purposes. 

Fourth,  For  the  payment  of  the  cost  of  assessing  and  collecting  the  revenue. 

Fifth.  For  the  payment  of  the  civil  list. 

Sixth,  For  the  support  of  the  eleemosynary  institutions  of  the  State. 

Sei^enih,  For  the  pay  of  the  General  Assembly,  and  such  other  purposes  not 
herein  prohibited  as  it  may  deem  necessary;  but  no  General  Assembly  shall  have 
power  to  make  any  appropriation  of  money  for  any  purpose  whatsoever,  until  the 
respective  sums  necessary  for  the  purposes  in  this  section  specified  have  been 
set  apart  and  appropriated,  or  to  give  priority  in  its  action  to  a  succeeding  over 
a   preceding    item    as   above   enumerated. 

[New   section.      See   Const.    lS6o,    Art.    11,   Sec.    6.] 

Sec.  4  4.  General  Assembly  not  to  contract  debts  except  as  herein. — The 
General  Assembly  shall  have  no  power  to  contract  or  to  authorize  the  contracting 
of  any  debt  or  liability  on  behalf  of  the  State,  or  to  issue  bonds  or  other  evidence 
of  indebtedness  thereof,  except  in  the  following  cases: 

First,  In  renewal  of  existing  bonds,  when  they  cannot  be  paid  at  maturity, 
out  of  the  sinking  fund  or  other  resources. 

Secotid,  On  the  occurring  of  an  unforeseen  emergency,  or  casual  deficiency  of 
the  revenue,  when  the  temporary  liability  incurred,  upon  the  recommendation  of 
the  Governor  first  had,  shall  not  exceed  the  sum  of  two  hundred  and  fifty 
thousand  dollars  for  any  one  year,  to  be  paid  in  not  more  than  two  years  from  and 
after  its  creation. 

Third.  On  the  occurring  of  any  unforeseen  emergency,  or  casual  deficiency  of 
the  revenue,  when  the  temporary  liability  incurred  or  to  be  incurred  shall  exceed 
the  sum  of  two  hundred  and  fifty  thousand  dollars  for  any  one  year,  the  General 
Assembly  may  submit  an  act  providing  for  the  loan,  or  for  the  contracting  of  the 
liability,  and  containing  a  provision  for  levying  a  tax  sufficient  to  pay  the  interest 
and  principal  when  they  become  due  (the  latter  in  not  more  than  thirteen  years 
from  the  date  of  its  creation),  to  the  qualified  voters  of  the  State,  and  when  the 
act  so  submitted  shall  have  been  ratified  by  a  two-thirds  majority,  at  an  election 
held  for  that  purpose,  due  publication  having  been  made  of  the  provisions  of  the 
act  for  at  least  three  months  before  such  election,  the  act  thus  ratified  shall  be 
Irrepealable  until  the  debt  thereby  incurred  shall  be  paid,  principal  and  interest. 

[New  section.] 

Sec.  45.  State's  credit  not  to  be  loaned. — ^The  General  Assembly  shall  have 
no  power  to  give  or  to  lend,  or  to  authorize  the  giving  or  lending  of  the  credit 
or  the  State  in  aid  of  or  to  any  person,  association  or  corporation,  whether  municipal 
or  other,  or  to  pledge  the  credit  of  the  State  in  any  manner  whatsoever,  for  the 
payment  of  the  liabilities,  present  or  prospective,  of  any  individual,  association 
of  individuals,  municipal  or  other  corporation  whatsoever:  Provided,  That  the 
General  Assembly  shall  have  the  power  to  appropriate  from  funds  in  the  State 
sinking  fund,  being  the  proceeds  of  the  tax  authorized  under  section  14  of  article 
X  of  the  Constitution,  to  an  amount  not  exceeding  one  million  dollars  for  the 
exhibition  of  the  resources,  products  and  industries  of  the  State  in  the  centennial 
celebration  of  the  Louisiana  Purchase  in  the  city  of  St.  Louis. 

[Const.  1865,  Art.  11,  Sec.  13,  modified.      Section,  as  amended,  adopted  in  1900.1 

Sec.  4  6,  Public  money,  grant  of  prohibited. — The  General  Assembly  shall 
have  no  power  to  make  any  grant,  or  to  authorize  the  making  of  any  grant  of 
public  money  or  thing  of  value  to  any  individual,  association  of  individuals, 
municipal  or  other  corporation  whatsoever:  Provided,  That  this  shall  not  be  so 
construed  as  to  prevent  the  grant  of  aid  in  a  case  of  public  calamity. 

[New  section.] 

See.  47.  Municipalities,  loaning  credit  of. — The  General  Assembly  shall  have 
no  power  to  authorize  any  county,  city,  town  or  township,  or  other  political  cor- 
poration or  subdivision  of  the  State  now  existing,  or  that  may  be  hereafter  estab- 
lished, to  lend  its  credit,  or  to  grant  public  money  or  thing  of  value  in  aid  of  or 
to  any  individual,  association  or  corporation  whatsoever,  or  to  become  a  stockholder 
in  such  corporation,  association  or  company:  Provided,  That  this  shall  not  be  so 
construed  as  to  prohibit  the  General  Assembly  from  providing  by  law  for  authoriz- 


AKT.    I  v.]  CONSTITUTION   OF   THE    STATE    OF   MISSOURI.  35 

Ing  the  creation,  maintenance  and  management  of  a  fund  for  the  pensioning  of 
crippled  and  disabled  firemen,  and  tor  the  relief  of  the  widows  and  minor  children 
of  deceased  firemen,  by  such  cities,  villages  or  incorporated  towns  as  may  have  an 
organized  fire  department  said  fund  to  be  taken  from  the  municipal  revenue  of 
such  cities,  villages  or  incorporated  towns. — (o) 

[Const,    l.^it;"..   Art.    11.   S.c.    14.   mocUned.      Provl.so   adopted   1892.] 

Sec.  48.  I'ublic  officers,  agents,  etc.,  e.xtia  piiy  piofiibited. — The  General 
Assembly  shall  have  no  power  to  grant,  or  to  authorize  any  county  or  municipal 
authority  to  grant  any  extra  compensation,  fee  or  allowance  to  a  public  officer, 
agent,  servant  or  contractor,  after  service  has  been  rendered  or  a  contract  has 
been  entered  into  and  jierformed  in  whole  or  in  part,  nor  pay  nor  authorize  the 
payment  of  any  claim  hereafter  created  against  the  State,  or  any  county  or  munici- 
pality of  the  State,  under  any  agreement  or  contract  made  without  express  authority 
of  law;  and  all  such  unauthorized  agreements  or  contracts  shall  be  null  and  void. 

[Niw  sietlon.] 

Sec.   49.      Stnfe  subscript ioii.s  prohibited. — The  General   Assembly  shall   have 
no   power  hereafter  to  subscribe   or   authorize   the   subscription   of  stock   on   behalf 
of  the  State,  in  any  corporation  or  association,  except  for  the  purpose  of  securing 
loans  heretofore  extended  to  certain  railroad  corporations  by  the  State. 
(Const.    ISS.'i.   Art.    11.  .s,c.   13] 

Sec.  50.  Liens  on  niilroads,  not  to  be  released. — The  General  Assembly  shall 
have  no  power  to  release  or  alienate  the  lien  held  by  the  State  upon  any  railroad,  or 
in  anywise  change  the  tenor  or  meaning,  or  iiass  any  act  explanatory  thereof;  but 
the  same  shall  be  enforced  in  accordance  with  the  original  terms  upon  which  it  was 
acquired. 

(S.-o  Const.  ISS.i.  Art.  11.  Sec.  15.) 

Sec.  51.  Corporation  debts,  releiise  prohibited. — The  General  Assembly  shall 
have  no  power  to  release  or  extinguish,  or  authorize  the  releasing  or  extinguishing, 
In  whole  or  In  part,  the  indebtedness,  liability  or  obligation  of  any  corporation  or 
individual  to  this  State,  or  to  any  county  or  other  municipal  corporation  therein. 

(New  section.  1 

Sec.  52.  War  <li'l>t,  payment  of. — The  General  Assembly  shall  have  no  power 
to  make  any  ai)i)ropriation  of  money,  or  to  issue  any  bonds  or  other  evidences  ot 
indebtedness  for  the  payment,  or  on  account  or  in  recognition  of  any  claims  audited 
or  that  may  hereafter  be  audited  by  virtue  of  an  act  entitled  "An  act  to  audit  and 
adjust  the  war  debt  of  the  State."  api)roved  March  19.  1874,  or  any  act  of  a  similar 
nature,  until  after  the  claims  so  audited  shall  have  been  presented  to  and  paid  by 
the  Ciovernment  of  the  United  States  to  the  State  of  Missouri. 

INiw      Section.] 

Sec.  53.  Special  and  local  laws  pi'(>liil>iti'd. — The  General  Assembly  shall  not 
pass  any  local  or  special  law:  —  (6) 

.Authorizing  the  creation,  extension  or  impairing  of  liens: 

Regulating  the  affairs  of  counties,  cities,  townships,  wards  or  school  districts: 

Changing   the   names   of   persons   or   places. 

Changing  the  venue  in  civil  or  criminal  cases. 

Authorizing  the  laying  out,  opening,  altering  or  maintaining  roads,  highways, 
streets  or  alleys: 

Relating  to  ferries  or  bridges,  or  incorporating  ferry  or  bridge  companies,  except 
for  the  erection  ot  bridges  crossing  streams  which  form  boundaries  between  this  and 
any   other   State: 

Vacating  roads,  town  plats,  streets  or  alleys: 

Relating  to  cemeteries,  grave-yards  or  public  grounds  not  of  the  State: 

.\uthorlzing  the  adoption  or  legitimation  of  children: 

Locating  or  changing  county  seats: 

Incorporating  cities,  towns  or  villages,  or  changing  their  charters: 

For  the  opening  and  conducting  of  elections,  or  fixing  or  changing  the  places 
of   voting: 

Granting  divorces: 

Krecting  new  townships,  or  changing  township  lines,  or  the  lines  of  school 
districts: 

Creating  offices,  or  prescribing  the  powers  and  duties  of  officers  in  counties, 
cities,   townships,   election   or  school   districts: 

Changing  the  law  of  descent  or  succession: 

Regulating  the  practice  or  jurisdiction  of,  or  changing  the  rules  of  evidence  in 
any  judicial  proceeding  or  Inquiry  before  courts,  justices  of  the  peace,  sheriffs, 
commissioners,   arbitrators   or   other    tribunals,   or   providing   or   changing   methods 

(a)  See  Statute  and  references  under  "Laws  Specially  Applicable  to  St.  Louts."  Ch. 
10,    Sec.    322  tl    eg:  also    Rev.    Code.    Sec.    304. 

(*)  For  ca.ies  holdlni;  what  Is  or  Is  not  a  special  law  hereunder,  see  first  note 
under  "Laws  Specially  Applicable  to  St.  Louis." 


36  CONSTITUTION    OF    THE    STATE    OF    MISSOURI.  [ART.   V. 

for  the  collection  of  debts,  or  the  enforcing  of  judgments,  or  prescribing  the  effect  of 
•judicial  sales  of  real  estate: 

Regulating  the  fees  or  extending  the  powers  and  duties  of  aldermen,  justices  of 
the   peace,   magistrates   or   constables: 

Regulating  the  management  of  public  schools,  the  building  or  repairing  of  school- 
houses,  and  the  raising  of  money  for  such  purposes: 

Fixing  the  rate  of  interest: 

Affecting  the  estates   of  minors   or  persons  under  disability: 

Remitting  fines,  penalties  and  forfeitures,  or  refunding  moneys  legally  paid  into 
the  treasury: 

Exempting  property  from  taxation: 
Regulating  labor,  trade,  mining  or  manufacturing: 

Creating  corporations,  or  amending,  renewing,  extending  or  explaining  the 
charter    thereof: 

Granting  to  any  corporation,  association  or  individual  any  special  or  exclusive 
right,  privilege  or  immunity,  or  to  any  corporation,  association  or  individual  the 
right  to  lay  down  a  railroad  track: 

Declaring  any  named  person  of  age: 

Extending  the  time  for  the  assessment  or  collection  of  taxes,  or  otherwise 
relieving  any  assessor  or  collector  of  taxes  from  the  due  performance  of  their  official 
duties,  or  their  securities  from  liability: 

Giving  effect  to  informal  or  invalid  wills  or  deeds: 

Summoning  or  empaneling  grand  or  petit  juries: 

For  limitation  of  civil  actions: 

Legalizing  the  unauthorized  or  invalid  acts  of  any  officer  or  agent  of  the  State, 
or  of  any  county  or  municipality  thereof.  In  all  other  cases  where  a  general  law  can 
be  made  applicable,  no  local  or  special  law  shall  be  enacted:  and  whether  a  general 
law  could  have  been  made  applicable  in  any  case  is  hereby  declared  a  judicial  ques- 
tion, and  as  such  shall  be  judicially  determined  without  regard  to  any  legislative 
assertion  on   that  subject: 

Nor  shall  the  General  Assembly  indirectly  enact  such  special  or  local  law  by 
the  partial  repeal  of  a  general  law;  but  laws  repealing  local  or  special  acts  may  be 
passed. 

[This  section  enlarged  by  new  specifications.  Const.  lSfi5.  Art.  4.  Sec.  27.1 
Sec.  54.  Local  and  special  laws,  notice  of. — No  local  or  special  law-  shall  be 
passed  unless  notice  of  the  intention  to  apply  therefor  shall  have  been  ptiblished 
in  the  locality  where  the  matter  or  thing  to  be  affected  may  be  situated,  which 
notice  shall  state  the  substance  of  the  contemplated  law.  and  shall  be  published 
at  least  thirty  days  prior  to  the  introduction  into  the  General  Assembly  of  such 
bill,  and  in  the  manner  to  be  provided  by  law.  The  evidence  of  such  notice  having 
been  published,  shall  be  exhibited  in  the  General  Assembly  before  such  act  shall 
be  passed,  and  the  notice  shall  be  recited  in  the  act  according  to  its  tenor. 
[New  Section.  1 

Sec.  55.  E.\tra  sessions,  power  limited. — The  General  Assembly  shall  have 
no  power,  when  convened  in  extra  session  by  the  Governor,  to  act  upon  subjects 
other  than  those  specially  designated  in  the  proclamation  by  which  the  session 
is  called,  or  recommended  by  special  message  to  its  consideration  by  the  Governor 
after  it  shall  have  been  convened. 

[See   Const.    1865.    Art.    5.   See.    7.] 

Sec.   5  6.      Capital  not  to  Ik-  removed. — The  General   Assembly  shall   have  no 
power  to  remove  the  seat  of  government  of  this  State  from  the  City  of  Jefferson. 
[See  Const.   1S65.  Art.   11.  Sec.   10.] 

ARTICLE  V. 

EXECUTIVE   DEPARTMENT. 

Section  1.  E.vccutive  officers,  residence  of. — The  executive  department  shall 
consist  of  a  Governor,  Lieutenant-Governor,  Secretary  of  State,  State  Auditor, 
State  Treasurer,  Attorney-General  and  Superintendent  of  Public  Schools,  all  of 
whom,  except  the  Lieutenant-Governor,  shall  reside  at  tlie  Seat  of  Government 
during  their  term  of  office,  and  keep  the  public  records,  books  and  papers  there, 
and  shall  perform  such  duties  as  may  be  prescribed  by  law. 

[See  Const.   1S65,  Art.   5,  Sec.   16.1 

Sec.  2.  Terms  of  office — Governor  and  Ti'easnror  ineligible  to  re-election — 
times  of  holding  elections. — The  term  of  office  of  the  Governor,  Lieutenant-Gov- 
ernor, Secreatry  of  State,  State  Auditor,  State  Treasurer,  Attorney-General  and 
Superintendent  of  Public  Schools  shall  be  four  years  from  the  second  Monday  of 
January  next  after  their  election,  and  until  their  successors  are  elected  and  quali- 
fied; and  the  Governor  and  State  Treasurer  shall  be  ineligible  to  re-election  as 
their  own  successors.  At  the  general  election  to  be  held  in  the  year  one  thousand 
eight  hundred  and  seventy-six.  and  every  four  years  thereafter,  all  such  officers, 
except  the  Superintendent  of  Public  Schools,  shall  be  elected,  and  the  Superintend- 


AUT.    V.I  CONSTITUTION    OK    Till;    STATi:    Ol''    MISSOUHI.  37 

ent  of  Public  Schools  shall  be  elected  at  the  general  election  in  the  year  one 
thousand  eight  hundred  and  seventy-eight,  and  every  four  years  thereafter. 

(The  tiTiii  was  two  V€-ars  under  Const,  of  1865.  Art.  5.  Seed  3  anil  16.  pxiM'pt  that  of 
Suporlnt«>n<lcnt  of   Public"  Schools.      Art.   9.  Sec.  3.      Provision  as   to  InfllKlblllty   Is  new.] 

Sec.  3.  Returns — tie,  how  determined. — The  returns  of  every  election  for 
the  above  named  ofllcers  shall  be  sealed  up  and  transmitted  by  the  returning 
officers  to  the  Secretary  of  Slate,  directed  to  the  Speaker  of  the  House  of  Repre- 
sentatives, who  shall,  immediately  after  the  organization  of  the  House,  and  before 
proceeding  to  other  business,  open  and  publish  tlie  same  in  the  presence  of  a 
majority  of  each  House  of  the  General  Assembly,  who  shall  for  that  purpose 
assemble  in  the  hall  of  the  House  of  Representatives.  The  person  having  the 
highest  number  of  votes  for  either  of  said  offices  shall  be  declared  duly  elected; 
but  if  two  or  more  shall  have  an  equal  and  the  highest  number  of  votes,  the  Gen- 
eral Assembly  shall,  by  Joint  vote,  choose  one  of  such  |)ersons  for  said  office. 

(Sit  Con.-it.   1S65.  .Art.  .">.  Sees.  3  and  IS.) 

Sec.  4.  The  supreme  executive  i)ower  shall  be  vested  in  a  chief  magistrate, 
who  shall  be  styled  "The  Governor  of  the  State  of  Missouri." 

ISainr  as  Const.   ISO.-,,  .\rt.   S.  Sfc.   l.J 

Sec.  5.  Crovernor,  i|iiaIillcationN. — The  Governor  shall  be  at  least  thirty-five 
years  old,  a  male,  and  shall  have  been  a  citizen  of  the  United  States  ten  years,  and  a 
resident  of  this  State  seven  years  ne.xt  before  his  election. 

ISami-  as  Const.   1S6,'».  .\rt.  5,  Sec.   2.  except  the  word  "white"   Is  here  omitted.) 

Sec.  6.  (iovern<ir's  duties. — The  Governor  shall  take  care  that  the  laws  are 
distributed  and  f-aitlifuUy  executed:  and  he  shall  be  a  conservator  of  the  peace 
throughout  the  State. 

(Sec  Const.  1S65,  .\rt.  5,  Sec.  6.1 

Sec.  7.  Governor,  conmiiuuler-in-chief  of  militia. — The  Governor  shall  be 
commander-in-chief  of  the  militia  of  this  State,  except  when  they  shall  be  called 
into  the  service  of  the  United  States,  and  may  call  out  the  same  to  execute  the 
laws,  suppress  insurrection  and  repel  invasion;  but  he  need  not  command  in  person 
unless  directed  so  to  do  by  a  resolution  of  the  General  Assembly. 

(Provision  calllnK  out  militia   is  new.     Const.   1SC5.  Art.   5.  Sec.   ,i.] 

Sec.  8.  Governor,  ^ant  pardons,  report  to  General  .\ssembly. — The  Governor 
shall  have  power  to  grant  reprieves,  commutations  and  pardons,  after  conviction, 
for  all  offenses,  except  treason  and  cases  of  impeachment,  upon  such  condition 
and  with  su^h  restrictions  and  limitations  as  he  may  think  proper,  subject  to  such 
regulations  as  may  be  provided  by  law  relative  to  the  manner  of  applying  for 
pardons.  He  shall,  at  each  session  of  the  General  .Assembly,  communicate  to  that 
body  each  case  of  reprieve,  commutation  or  pardon  granted,  stating  llie  name  of 
the  convict,  the  crime  of  which  he  was  convicted,  the  sentence  and  its  date,  the 
date  of  Che  commutation,  pardon  or  reprieve,  and  the  reason  for  granting  the 
same. 

(Sec  Const,    issr..  Art.   '..  See.  6.] 

Sec.  9.  (lovernor  may  inform  (ieneral  .Asseinlily,  call  cxir;!  sessions. — The 
Governor  shall,  from  time  to  time,  give  to  the  General  Assembly  information 
relative  to  the  state  of  the  government,  and  shall  recommend  to  its  consideration 
such  measures  as  he  shall  deem  necessary  and  expedient.  On  extraordinary  oc- 
casions he  may  convene  the  General  Assembly  by  proclamation,  wherein  he  shall 
state  sneciflcally  each  matter  concerning  which  the  action  of  that  body  is  deemed 
necessary. 

(Same  as  Const.  1865.  Art.  5,  Sec.  7.  As  to  business  of  special  session,  sec  Art.  t, 
S«c.   55.  J 

Sec.  10.  Governor's  message — account  for  moneys,  etc. — The  Governor  snail, 
at_the  commencement  of  each  session  of  the  General  Assembly,  and  at  the  close 
of  his  term  of  office,  give  Information  by  message  of  the  condition  of  the  State, 
and  shall  recommend  such  measures  as  he  shall  deem  ex|)edient.  He  shall  account 
to  the  General  .Assembly,  In  such  manner  as  may  be  prescribed  by  law,  for  all 
moneys  received  and  paid  out  by  him  from  any  funds  subject  to  his  order,  with 
vouchers;  and  at  the  commencement  of  each  regular  session,  present  estimates 
of  the  amount  of  money  required  to  be  raised  by  taxation  for  all  i>urposes. 

(Now  sictlon.] 

Sec.  11.  Vacancy  in  office — Governor  nmy  All. — When  any  office  shall 
become  vacant,  the  Governor,  unless  otherwise  jirovided  by  law,  shall  a|>point 
a  person  to  fill  such  vacancy,  who  shall  continue  in  office  until  a  successor  shall 
have  been  duly  elected  or  appointed  and  qualified  according  to  law, 

(Art.   5,  See.   8.  Const.   1S65. ) 

Sec.  12.  (iovernor's  duty  as  to  bills  prt-senlfd  to  him. — The  Governor  shall 
consider  all  bills  and  joint  resolutions,  which,  having  been  passed  by  both  houses 
of  the  General  .Assembly,  shall  be  presented  to  him.  He  shall,  within  ten  days  after 
the  same  shall  have  been  presented  to  him,  return  to  the  house  In  which  they  re- 
sepectlvely  originated,   all   such   bills  and   joint   resolutions,   with   his  approval    In- 


38  CONSTITUTION    OF    THE    STATE    OF    MISSOURI.  [ART.   V. 

dorsed  thereon,  or  accompanied  by  his  objections:  Provided.  That  if  the  General  As- 
sembly shall  finally  adjourn  within  ten  days  after  such  presentation,  the  Governor 
may,  within  thirty  days  thereafter,  return  such  bills  and  resolutions  to  the  office  of 
the  Secretary  of  State,  with  his  approval  or  reasons  tor  disapproval. 

[See  Art.  4,  Sees.  37  and  38  of  this  Const.,  and  Const.  1865,  Art.   5,  Sec.   9.] 

Sec.  13.  He  may  object  to  part  of  a  bill. — If  any  bill  presented  to  the 
Governor  contain  several  items  of  appropriation  of  money,  he  may  object  to  one  or 
more  items  while  approving  other  portions  of  the  bill.  In  such  case  he  shall 
append  to  the  bill,  at  the  time  of  signing  it,  a  statement  of  the  items  to  which 
he  objects,  and  the  appropriations  so  objected  to  shall  not  take  effect.  If  the 
General  Assembly  be  in  session,  he  shall  transmit  to  the  house  in  which  the  bill 
originated  a  copy  ot  such  statement,  and  the  items  objected  to  shall  be  separately 
reconsidered.  If  it  be  not  in  session,  then  he  shall  transmit  the  same  within 
thirty  days  to  the  office  of  the  Secretary  of  State,  with  his  approval  or  reasons 
for    disapproval. 

[New  section.] 

Sec.  14.  Resolutions  must  be  presented  to  Governor. — Every  resolution  to 
which  the  concurrence  of  the  Senate  and  House  of  Representatives  may  be  nec- 
essary, except  on  questions  of  adjournment,  of  going  into  joint  session,  and  of 
amending  this  Constitution,  shall  be  presented  to  the  Governor,  and  before 
the  same  shall  take  effect,  shall  be  proceeded  upon  in  the  same  manner  as  in  the 
case  of  a  bill:  Provided,  That  no  resolution  shall  have  the  effect  to  repeal,  extend, 
alter  or  amend  any  law. 

[Proviso   is  new.      Const.   1865,   Art.   5,  Sec.   10.] 

Sec.  15.  Lieutenant-Governor,  qualiticatiuns  and  duties. — The  Lieutenant- 
Governor  shall  possess  the  same  qualifications  as  the  Governor,  and  by  virtue  of 
his  office  shall  be  President  ot  the  Senate.  In  committee  of  the  whole  he  may 
debate  all  questions,  and  when  there  is  an  equal  division  he  shaFl  give  the  casting 
vote  in  the  Senate,  and  also  in  joint  vote  ot  both  houses. 

[Const.   1S65.  Art.   5,  Sees.   12  and  13.] 

Sec.  16.  To  perform  duties  of  Governor,  when. — In  case  of  death,  conviction 
or  impeachment,  failure  to  qualify,  resignation,  absence  from  the  State  or  other 
disability  of  the  Governor,  the  powers,  duties  and  emoluments  of  the  office  for  the 
residue  of  the  term,  or  until  the  disability  shall  be  removed,  shall  devolve  upon  the 
Lieutenant-Governor. 

[See  Const.  1S65,  Art,  5,  Sec.  14.] 

Sec.  17.  Senate,  President  pro  tempore — otiier  persons  to  act  as  (Jovernor, 
when. — The  Senate  shall  choose  a  president  pro  tempore  to  preside  in  cases  of  the 
absence  or  impeachment  of  the  Lieutenant-Governor,  or  when  he  shall  hold  the 
office  of  Governor.  If  there  be  no  Lieutenant-Governor,  or  the  Lieutenant-Gov- 
ernor shall,  for  any  of  the  causes  specified  in  section  sixteen  ot  this  article,  become 
incapable  of  performing  the  duties  of  the  office,  the  President  of  the  Senate  shall 
act  as  Governor  until  the  vacancy  is  filled  or  the  disability  removed;  and  if  the 
President  of  the  Senate,  for  any  of  the  above  named  causes,  shall  become  incapable 
of  performing  the  duties  of  Governor,  the  same  shall  devolve  upon  the  Speaker  of 
the  House  of  Representatives,  in  the  same  manner  and  with  the  same  powers  and 
compensation  as  are  prescribed  in  the  case  of  the  office  devolving  upon  the  Lieu- 
tenant-Governor. 

[Const.   1865,  Art.  o.  Sec.   14.] 

Sec.  18.  Lieutenant-Governor,  etc.,  compensation. — The  Lieutenant-Governor 
or  the  President  pro  tempore  of  the  Senate,  while  presiding  in  the  Senate,  shall 
receive  the  same  compensation  as  shall  be  allowed  the  Speaker  of  the  House 
of  Representatives. 

[Const.   1865,  Art.   5,   Sec.   15.] 

Sec.  19.  E.vocutivc  officers,  qualifirations. — No  person  shall  be  eligible  to 
the  office  of  Secretary  of  State,  State  Auditor,  State  Treasurer,  Attorney-General, 
or  Superintendent  ot  Public  Schools,  unless  he  be  a  male  citizen  of  the  United 
States  and  at  least  twenty-five  years  old,  and  shall  have  resided  in  this  State  at 
least  five  years  next  before  his  election. 

[Const.  1863.  .\rt.  5.  .Sec.  16,  except  as  to  Superintendent  of  Public  Schools,  who  was 
required   to   have   tlie  qualifications  of  a  State  Senator.     Art.    10.   Sec.   3.] 

Sec.  20.  Seal  of  tlie  State. — The  Secretary  of  State  shall  be  the  custodian 
of  the  seal  ot  the  State,  and  authenticate  therewith  all  official  acts  of  the  Gov- 
ernor, his  approval  of  laws  excepted.  The  said  seal  shall  be  called  the  "Great  Seal 
of  the  State  of  Missouri,"  and  the  emblems  and  devices  thereof,  heretofore  pre- 
scribed by  law,  shall  not  be  subject  to  change. 

[Const.   1865,  Art.  5,  Sec.  20.] 

Sec.  21.  Secretary  of  State,  duties  of. — The  Secretary  ot  State  shall  keep 
a  register  of  the  official  acts  of  the  Governor,   and   when   necessary,   shall   attest 


ART.   VI. 1  CONSTITl'TION   OF  Till-;   STATE  OF  MISSOURI.  39 

them,  and  lay  copies  of  the  same,  together  with  copies  of  all  papers  relative  thereto, 
before  either  house  of  the  General  Assembly  whenever  required  to  do  so. 

[Const.    1S65.   Art.   5.  Soc.    21.1 

Sec.  22.  K.xecMtlve  offlcors'  diiticN,  nccouiits,  institutions. — An  account  shall 
be  kept  by  the  offlcors  of  the  Executive  Department  of  all  moneys  and  choses 
in  action  disbursed  or  otherwise  disposed  of  by  them,  severally,  from  all  sources, 
and  for  every  service  performed;  and  a  semi-annual  report  thereof  shall  be  made 
to  the  Governor  under  oath.  The  Governor  may  at  any  time  require  information. 
In  wrilinB.  under  oath,  from  the  officers  of  the  Executive  Department,  and  all 
officers  and  managers  of  Slate  institutions,  upon  any  subject  relating  to  the  condi- 
tion, management  and  expenses  of  their  respective  offices  and  institutions;  which 
Information,  when  so  required,  shall  be  furnished  by  such  officers  and  managers, 
and  any  officer  or  manager  who  at  any  time  shall  make  a  false  report,  shall  be 
guilty  of  perjury  and  punished  accordingly. 

[NV'w  section.! 

Sec.  23.  (lovornor  shall  commission  ofHccrs. — The  Governor  shall  com- 
mission all  officers  not  otherwise  iirovided  for  by  law.  All  commissions  shall  run 
In  the  name  and  by  the  authority  of  the  State  of  Missouri,  be  signed  by  the  Govern- 
or, sealed  with  the  Great  Seal  of  the  State  of  Missouri,  and  attested  by  the  Secretary 
of    State. 

[Const.  lS6a.  .\rt.   ".,  Sec.  2S.1 

Sec.  24.  Ofllcei-s.  salaries  and  fees  not  to  lie  chanRed. — The  officers  named 
In  this  article  shall  receive  for  their  services  a  salary  to  be  established  by  law, 
which  shall  not  be  increased  or  diminished  during  their  official  terms:  and  they 
shall  not,  after  the  exi)iration  of  the  terms  of  those  in  office  at  the  adoption  of  this 
Constitution,  receive  to  their  own  use  any  fees,  costs,  perquisites  of  office,  or  other 
compensation.  All  fees  that  may  hereafter  be  payable  by  law  for  any  service 
performed  by  any  officer  provided  for  in  this  article  shall  be  paid  in  advance  into 
the  State  treasury. 

[New  section] 

Sec.  25.  Contested  elections  of  executive  officers. — Contested  elections  of 
Governor  and  Lieutenant-Governor  shall  be  decided  by  a  joint  vote  of  both  houses 
of  the  General  .Assembly,  in  such  manner  as  may  be  provided  by  law;  and  con- 
tested elections  of  Secretary  of  State.  State  Auditor,  State  Treasurer,  Attorney- 
General  and  Superintendent  of  Public  Schools  shall  be  decided  before  such  tribunal 
and  In  such  manner  as  may  be  provided  by  law. 

[Const.    1865.   .\rt.   5.  Sees.   IS  tind    19.1 

ARTICLE  VI. 
JUDICIAL  DEPARTMENT.* 

Section  1.  Judicial  power  of  State,  where  vested. — The  judicial  power  of 
the  State,  as  to  matters  of  law  and  equity,  except  as  in  this  Constitution  otherwise 
provided,  shall  be  vested  in  a  Supreme  Court,  the  St.  Louis  Court  of  Appeals, 
circuit  courts,  criminal  courts,  probate  courts,  county  courts  and  municipal  cor- 
poration   courts. 

(See  Const.  1865.  Art.  6.  Sec.  1.     Also  amendment  of  1S90,  at  close  of  this  article.] 

S«.>c.  2.  Supreme  Court,  jurisdiction  of. — The  Supreme  Court,  except  in  cases 
otherwise  directed  by  this  Constitution,  shall  have  appellate  jurisdiction  only, 
which  shall  be  coextensive  with  the  State  under  the  restrictions  and  limitations 
In  this  Constitution  provided. 

[See  Const.    1S65,  .Art.   6,  Sec.   2.] 

Sec.  3.  Supi-enie  Court,  su|HTint ending  control  of. — The  Supreme  Court 
shall  have  a  general  suiierintonding  lonirol  over  all  inferior  courts.  It  shall  have 
power  to  Issue  writs  of  habeas  corpus,  mandamus,  quo  warranto,  certiorari  and 
other  original  remedial  writs,  and  to  hear  and  determine  the  same. 

[Const.   1S6"..   Art.   6.  S.t.   :!.) 

Sec.  4.  Supreme  Court  judges,  term — Chief  Justice. — The  judges  of  the 
Supreme  Court  shall  hold  office  for  the  term  of  ten  years.  The  judge  oldest  in 
commission  shall  be  Chief  Justice  of  the  Court;  and  if  there  be  more  than  one  com- 
mission of  the  same  date,  the  court  may  select  the  Chief  Justice  from  the  judges 
holding  the  same. 

[See  Const.    KUn.  .Vrt.  6.  Sec.  8.1 

S«>c.  .').  Judges,  nunilM-r  of— <|u<>runi — ilulies— election. — The  Supreme  Court 
shall  consl.st  of  five  Jiidgf.-i.  any  three  of  whom  shall  constitute  a  quorum;  and  said 
judges  shall  be  conservators  of  the  [leace  throughout  the  State,  and  shall  be  elected 
by  the  qualified  voters  thereof,     (a) 

[Const.  ISfio.  Art.  6.  .Sec.  I.  Amended.  1S90.  increasing  number  and  creating  two 
division.".      See  nmemlnient  iit   .ml  of  article.) 

Sec.  B.  JudK<-s.  qunlillcations. — The  judges  of  the  Supreme  Court  shall  be 
citizens  of  f-     '•  ••    '  -••   •        not  less  than  thirty  years  old,  and  shall  have  been 

U)    .""e.  Miinent  at  end  of  this  article. 

•t'ropo.«  ..   .    to    to    h..    vol.. I    .It    In    election   of   190S.     (Laws   1907.   p. 


40  CONSTITUTION    OF    THK    STATK    OF    MIS.SOUKI.  [ART.   VI. 

citizens  of  this  State  for  five  years  next  preceding  their  election  or  appointment, 
and  shall  be  learned  in  the  law. 

["And  shall  be  learned  in  the  law"  is  new.      Const.  1S65,  Art.  C,  Sec.  IS.] 

Sec.  7.  Judges,  terms — coiiinieiicenient — appointment. — The  full  terms  of 
the  judges  of  the  Supreme  Court  shall  commence  on  the  first  day  of  January  next 
ensuing  their  election,  and  those  elected  to  fill  any  vacancy  shall  also  enter  upon 
the  discharge  of  their  duties  on  the  first  day  of  January  next  ensuing  such 
election.  Those  appointed  shall  enter  upon  the  discharge  of  their  duties  as  soon 
as  qualified. 

[Commencement  of  term  same  as  Const.  1S65,  Art.  6,  Sec.  7.  See  amendment  at 
end  of  this  article.] 

Sec.  S.  Present  judges,  terms. — The  present  judges  of  the  Supreme  Court 
shall  remain  in  office  until  the  expiration  of  their  respective  terms  of  office.  To 
fill  their  places  as  their  terms  expire,  one  judge  shall  be  elected  at  the  general 
election  in  eighteen  hundred  and  seventy-six,  and  one  every  two  years  thereafter. 

[Provision  for  election  of  one  judge  every  two  years  same  as  Const.  1S65,  Art.  6, 
Sec.  7.    See  amendment  at  end  of  this  article.] 

Sec.  9.  Supreme  Court,  time  and  place  of  holding. — The  Supreme  Court 
shall  be  held  at  the  Seat  of  Government  at  such  times  as  may  be  prescribed  by  law: 
and  until  otherwise  directed  by  law,  the  terms  of  said  court  shall  commence 
on  the  third  Tuesdays  in  October  and  April  of  each  year. 

[New  section.      See  Const.   1S65.  Art.   6,   Sec.   5.] 

Sec.  10.  Supreme  Court,  accommodations. — The  State  shall  provide  a  suitable 
court  room  at  the  Seat  of  Government,  in  which  the  Supreme  Court  shall  hold  its 
sessions;  also  a  clerk's  office,  furnished  offices  for  the  judges,  and  the  use  of  the 
State  Library. 

[New  section.] 

Sec.  11  Judges  divided  in  opinion. — If,  in  any  cause  pending  in  the  Supreme 
Court,  or  the  St.  Louis  Court  of  Appeals,  the  judges  sitting  shall  be  equally  divided 
In  opinion,  no  judgment  shall  be  entered  therein  based  on  such  division:  but  the 
parties  to  the  cause  may  agree  upon  some  person,  learned  in  the  law,  to  act  as 
special  judge  in  the  cause,  who  shall  therein  sit  with  the  Court,  and  give  decision 
In  the  same  manner  and  with  the  same  effect  as  one  of  the  judges.  If  the  i)arties 
cannot  agree  upon  a  special  judge,  the  court  shall  appoint  one. 

[Same  as  Const.   1S65.  Art.   6,  Sec.   10.      See  amendment  at  end  of  this  article.] 

Sec.     12.      St.    Louis    Couit    of    Appeals — .jurisdiction — appeals    to    Supreme 

Court. — .There  is  hereby  established  in  the  city  of  St.  Louis  an  Appellate  Court, 
to  be  known  as  the  "St.  Louis  Court  of  Appeals."  the  jurisdiction  of  which  shall 
be  coextensive  with  the  city  of  St.  Louis  and  the  counties  of  St.  Louis,  St.  Charles, 
Lincoln  and  Warren.  Said  court  shall  have  power  to  issue  writs  of  habeas  corpus. 
QUO  uarianfo.  mandamus,  certiorari,  and  other  original  remedial  writs,  and  to  hear 
and  determine  the  same:  and  shall  have  a  superintending  control  over  all  inferior 
courts  of  record  in  said  counties.  Appeals  shall  lie  from  the  decisions  of  the  St. 
Louis  Court  of  Appeals  to  the  Supreme  Court,  and  writs  of  error  may  issue  from 
the  Supreme  Court  to  said  court  in  the  following  cases  only:  In  all  cases  where 
the  amount  in  dispute,  exclusive  of  costs,  exceeds  the  sum  of  two  thousand  five 
hundred  dollars:  in  cases  involving  the  construction  of  the  Constitution  of  the 
United  States  or  of  this  State;  in  cases  where  the  validity  of  a  treaty  or  statute 
of  or  authority  exercised  under  the  United  States  is  drawn  in  question:  in  cases 
Involving  the  construction  of  the  revenue  laws  of  this  State,  or  the  title  to  any  office 
under  this  State:  in  cases  involving  title  to  real  estate:  in  cases  where  a  county 
or  other  political  subdivision  of  the  State  or  any  State  officer  is  a  party,  and  in 
all   cases  of  felony. 

[See  amendment  at  end  of  this  article,  establishing  Kansas  City  Court  of  Appeals 
and  extending  jurisdiction  of  St.  Louis  Court  of  Appeals.] 

[New  section.] 

Sec.  13.  Number,  election,  qualification  and  pay  of  .judges. — The  St.  Louis 
Court  of  Appeals  shall  consist  of  three  judges,  to  be  elected  by  the  qualified 
voters  of  the  city  of  St.  Louis,  and  the  counties  of  St.  Louis,  St.  Charles,  Lincoln 
and  Warren,  who  shall  hold  their  offices  for  the  period  of  twelve  years.  They 
shall  be  residents  of  the  district  comijosed  of  said  counties,  shall  possess  the  same 
qualifications  as  judges  of  the  Supreme  Court,  and  each  shall  receive  the  same 
compensation  as  is  now  or  may  be  provided  by  law  for  the  judges  of  the  circuit 
court  of  St.  Louis  county,  and  be  paid  from  the  same  sources:  Provided.  That 
each  of  said  counties  shall  pay  its  proportional  part  of  the  same,  according  to  its 
taxable  property. 

[New  section.] 

Sec.  14.  Judges,  duties^-quorum — terms  of  court. — The  judges  of  said  court 
shall  be  conservators  of  the  peace  throughout  said  counties.  Any  two  of  said 
judges  shall  constitute  a  quorum.     There  shall  be  two  terms  of  said  court  to  be 


AKT.    VI.  1  CONSTITUTION    OF   TIIIO    ST  ATM    OF    MISSOI'KI  41 

held  each  year,  on  the  first  Mondays  of  March  and  October,  and  the  first  term 
of  said  court  shall  be  held  on  the  first  Monday  in  January,  1S76. 

[New  section.] 

Sec.  15.  Opiiiion.s  of  court — rules  of  practice. — The  opinions  of  said  court 
shall  be  in  writing,  and  shall  be  filed  in  the  cases  in  which  they  shall  be  respectiv<?ly 
made,  and  become  parts  of  their  record;  and  all  laws  relating  to  the  practice  in  the 
Supreme  Court  shall  apply  to  this  court,  so  far  as  the  same  may  be  applicable. 

(.New  Sfctlon.] 

Sec.  16.  Terms  of  first  judges — presidiiis  .iudgo. — At  the  first  general  elec- 
tion held  In  said  city  and  counties  after  thi>  aiioption  of  this  Constitution,  three 
judges  of  said  court  shall  be  elected,  who  shall  determine  by  lot  the  duration  of 
their  several  terms  of  office,  which  shall  be  respectively  four,  eight  and  twelve 
years,  and  certify  the  result  to  the  Secretary  of  State;  and  every  four  years  there- 
after one  judge  of  said  court  shall  be  elected  to  hold  office  for  the  term  of  twelve 
years.  The  term  of  office  of  such  judges  shall  begin  on  the  first  Monday  in 
January  next  ensuing  their  election.  The  judge  having  the  oldest  license  to  practice 
law  in  this  State  shall  be  the  presiding  judge  of  said  court. 

[New  section.] 

Sec.  17.  Court  of  Appeals,  .judges — appointment  of. — Upon  the  adoption 
of  this  Constitution  the  Governor  shall  a|)|'Oint  three  judges  for  said  court,  w-ho  shall 
hold  their  offices  until  the  first  Monday  of  January,  eighteen  hundred  and  seventy- 
seven,  and  until  their  successors  shall  be  duly  qualified. 

[New  section] 

Sec.  IS.  Court  of  Appeals,  clerk. — The  clerk  of  the  Sui)renie  Court  of  St. 
Louis  shall  be  the  clerk  of  the  St.  Louis  Court  of  Appeals  until  the  expiration  of 
the  term  for  which  he  was  ajipointed  clerk  of  the  Supreme  Court,  and  until  his 
successor  shall  be  duly  qualified. 

[New  section] 

Sec.  19.  Cases  pending  in  Supreme  Court  at  ,St.  Tiouis. — All  cases  which  may 
be  pending  in  the  Sui)renie  Court  at  St.  l^ouis  at  the  time  of  the  adoption  of  this 
Constitution,  which  by  its  terms  would  come  within  the  final  appellate  jurisdiction 
of  the  St.  Louis  Court  of  Aiipeals.  shall  be  certified  and  transferred  to  the  St. 
Louis  Court  of  Appeals,  to  be  heard  and  determined  by  said  court. 

[New  section.] 

Sec.   20.      Court  of  .-Vppcals,  when  ca.ses  are  triable  in. — .Ml   cases  coming  to 
said  court  by  a|)|)eal.  or  writ  of  error,  shall  be  triable  at  the  expiration  of  fifteen 
days  from  the  filing  of  the  transcri|)t  in  the  office  of  the  clerk  of  said  court. 
[New  Section.  | 

Sec.  21.  Supreme  Court,  clerks  luid  records  of.  —  Upon  the  adoption  of  this 
Constitution,  and  after  the  close  of  the  next  regular  terms  of  the  Supreme  Court 
at  St.  Louis  and  St.  Joseph,  as  now  established  by  law,  the  office  of  the  clerk  of 
the  Supreme  Court  at  St.  Louis  and  St.  Joseph  shall  be  vacated,  and  said  clerks 
shall  transmit  to  the  clerk  of  the  Supreme  Court  at  Jefferson  City  all  the  books, 
records,  documents,  transcripts  and  papers  belonging  to  their  respective  offices, 
except  those  required  by  section  nineteen  of  this  article  to  be  turned  over  to  the 
St.  Louis  Court  of  Api)eals;  and  said  records,  documents,  transcripts  and  papers 
shall  become  part  of  the  records,  documents,  transcripts  and  pa|)ers  of  said 
Supreme  Court  at  Jefferson  City,  and  said  court  shall  hear  and  determine  all  the 
cases  thus  transferred  as  other  cases. 
(New  Section.  1 

Sec.  22.  Circuit  court,  jurisdiction  and  terms. — The  circuit  court  shall  have 
jurisdiction  over  all  criminal  cases  not  otherwise  provided  for  by  law;  exclusive 
original  jurisdiction  in  all  civil  cases  not  otherwise  provided  for;  and  such  con- 
current jurisdiction  with  and  a|)pellate  jurisdiction  from  inferior  tribunals  and 
justices  of  the  peace  as  is  or  may  be  provided  by  law.  It  shall  hold  its  terms  at 
such  times  and  i)Iaces  in  each  county  as  may  be  by  law  directed;  but  at  least  two 
terms  shall   be  held  every  year  in  each  county. 

[Const.    1S6.T.  Art.   6.  Sec.   13.    Last  clause  is  new.] 

Sec.  23.  Circuit  court,  superintending  control  of. — The  circuit  court  shall 
exercise  a  superintending  control  over  criminal  courts,  probate  courts,  county 
courts,  municipal  coriioration  courts,  justices  of  the  peace,  and  all  inferior  tri- 
bunals  In   each   county   in   their   respective  circuits. 

[Const.   ISfi.^,  except  enumeration  of  courts.  Art.   6.  Sec.   21.] 

Sec.  24.  Circult.s  may  Ik-  chiinged  or  abolished. — The  State,  except  as 
otherwise  provided  In  this  Constitution,  shall  be  divided  Into  convenient  circuits 
of  contiguous  counties.  In  each  of  which  circuits  one  circuit  judge  shall  be  elected; 
and  such  circuits  may  be  changed,  enlarged,  diminshed  or  abolished,  from  time 
to  time,  as  i)ubllc  convenience  may  require;  and  whenever  a  circuit  shall  be  abol- 
ished, the  office  of  the  judge  of  such  circuit  shall  cease. 

[See  Const.   lS6.i.  Art.  6,  Sec.   H.) 


42  coNSTiTtrriON  of  the  state  of  Missouri.  [aut.  vr 

Sec.  2R.  OlrcMit  jndjios.  terms  and  duties. — The  J\idpes  of  the  circuit  court 
shall  he  eliected  by  the  qunlit^ed  voters  of  each  circuit:  sliull  hold  their  offices  tor 
the  term  of  st\  years,  and  shall  reside  in  and  be  conservators  of  the  peace  within 
their  respective  circuits. 

[Const.   1S«5.  Art.  6.  Sec,  U.l 

Sec.  26.  Ojfvnit  Jndjces,  quiUiliratioiis. — No  person  shall  he  eligible  to  the 
office  of  judge  of  the  circuit  court  who  shall  not  have  attained  the  ago  of  thirty 
years,  been  a  citizen  of  the  I'nited  State*  five  years,  a  qualified  voter  of  this  State 
for  three  years,  and  who  shall  not  be  a  t^sident  of  the  circuit  in  which  he  may 
be  elected  or  appointed. 

[Cv>nst.   1S6J.   .\rt.   6.  Soo,    IS.    l..ast  olauso  is  now.) 

Sec,  27. — Circuit  court  of  St.  I.ouis  County — ^jurisdiction  of  Court  of  .Appeals. — 
The  circuit  court  of  St.  I.ouis  coui\ty  shall  be  composed  of  five  judges,  and  such 
additional  i\umber  as  the  General  Assembly  may  from  time  to  time  provide.  Each 
of  said  judges  shall  sit  separately  for  the  trial  of  causes  and  the  transaction  of 
business  in  special  term.  The  judges  of  said  circuit  court  may  sit  in  general 
term,  for  tlie  purpose  of  making  rule^  of  court,  and  for  the  transaction  of  such 
other  business  as  may  he  provided  by  law.  at  such  time  as  they  may  determine,  but 
shall  have  no  power  to  review  any  order,  decision  or  proceeding  of  tlte  court  in 
special  term.  The  St.  Louis  Court  of  Appeals  shall  have  exclusive  jurisdiction  of 
all  ap(>eals  from  and  writs  of  error  to  the  circuit  courts  of  St.  Charles.  Lincoln 
and  Warren  counties,  and  the  circuit  court  of  St.  Louis  county,  in  special  term, 
and  all  courts  of  record  having  criminal  jurisdiction  in  said  counties. 

[New  provision.  Const.  1S65,  Art.  6.  Sec  15.  See  amendnient  of  1SS4,  following- 
this  article.  1 

Sec,  2S.  .Additional  judai^s.  provision  for. — In  any  circuit  composed  of  a 
single  county,  the  G<>neral  .Vssembly  may.  from  lime  to  time,  provide  for  one  or 
more  additional  judges,  as  the  business  shall  require:  each  of  whom  shall  sep- 
arately try  cases  and  perform  all  other  duties  imposed  upon  circuit  judges, 

(New  section.) 

Sec.  29.  Yacauicy  in  office.  di<uthility.  etc. — If  there  be  a  vacancy  in  the 
office  of  judge  of  any  circuit,  or  if  the  judge  be  sick,  absent,  or  from  any  cause 
unable  to  hold  any  term  or  part  of  term  of  court,  in  any  county  in  his  circuit. 
such  term  or  part  of  term  of  court  may  be  held  by  a  judge  of  any  other  circuit; 
and  at  the  re<iuest  of  the  judge  of  any  circuit,  any  term  of  court  or  part  of  term  in 
his  circuit  may  be  held  by  the  judge  of  any  other  circuit,  and  In  all  such  cases. 
or  in  any  case  wher*  the  judge  cannot  preside,  the  General  .Assembly  shall  make 
such  additional  provision  for  holding  court  as  may  be  found  necessary. 

[Const.  1S63.  Art.  S.  Sec  IT.     "AH  such  cases."  etc.  Is  new.) 

Sec  ."iO.  Jnd^ees.  election  of — ties  and  contests. — The  election  of  judges 
of  all  courts  of  record  shall  be  held  as  is  or  may  be  provided  by  law.  and  in 
case  of  a  tie  or  contested  election  between  the  candidates,  the  same  shall  be  deter- 
mined as  prescribed  by  law. 

[Const.   IS65,  .\rt-  6.  Sec  14.  J 

Sec.  31.  Criminal  courts. — The  General  Assembly  shall  have  no  power  to 
establish  criminal  courts,  except  in  counties  having  a  population  exceeding  fifty 
thousand. 

[See  Const.  IS65.  Art.  6.  Sec  1.) 

Sec.  32.  Jndses.  vacancy,  how  filled. — In  case  the  office  of  judge  of  any  court 
of  record  become  vacant  by  death,  resignation,  removal,  failure  to  qualify,  or 
otherwise,  such  vacancy  shall  be  filled  in  the  manner  provided  by  law. 

[Const.  1S6S.  .\rt.  6.  Sec.  S.  14.  modified.] 

Sec.  33.  JndiN^  salaries  not  to  be  increased  or  diminished. — The  judges 
of  the  Sitpreme.  Appellate  and  Circuit  courts,  and  of  all  other  courts  of  record 
receiving  a  salary,  shall,  at  stated  times,  receive  snch  compensation  for  their 
services  as  is  or  may  be  prescribed  by  law;  but  it  shall  not  be  increased  or  dimin- 
ished daring  the  period  for  which  they  were  elected. 

[Const.  1SS5.  Art-  S.  Sec  20.  modified.1 

Sec  34.  Probate  courts. — The  General  Assembly  shall  establish  in  every 
county  a  probate  court,  which  shall  be  a  court  of  record,  and  consist  of  one  judge, 
who  shall  be  elected.  Said  court  shall  have  jurisdiction  over  all  matters  pertain- 
ing to  probate  business,  to  graniing  tetters  testamentary  and  of  administration, 
the  apBotntment  of  guardians  and  curators  of  minors  and  persons  of  unsound 
mind,  settling  the  accounts  of  executors,  administrators,  curators  and  guardians 
and  the  saie  or  leasing  of  --  -•  - --■-istrators.  curators  and  guardians: 
and   aiso   jiirisdiction    over   .  s   to   apprentices:      Provided.   That 

until  the  Genera!  Assembly  i . ^   ^.    .iw  for  a  uniform  system  of  probate 


ART.   VI.)  CONSTITUTION   OF  THE   STATE   OF  MISSOURI.  43 

courts,  the  jurisdiction  of  probate  courts  heretofore  established  shall   remain   as 
now  provided  by  law.     (p) 
[New  section.] 

Sec.  35.  Probate  court,  jurisdiction,  practice  and  dorks. — Probate  courts 
shall  be  uniform  in  their  organization,  jurisdiction,  duties  and  practice,  except 
that  a  separate  clerk  may  be  provided  for,  or  the  judge  may  be  required  to  act, 
ei  officio,  as  his  own  clerk. 

[New  section.) 

Sec.  36.  County  courts. — In  each  county  there  shall  be  a  county  court,  which 
shall  be  a  court  of  record,  and  shall  have  jurisdiction  to  transact  all  county  and 
such  other  business  as  may  be  prescribed  by  law.  The  court  shall  consist  of  one 
or  more  judges,  not  e.xceeding  three,  of  whom  the  probate  judge  may  be  one,  as 
may  be  provided  by  law. 

[Const   1865.  Art.   6.  Sec.  23.  modified.) 

Sec.  37.  Justices  of  the  peace. — In  each  county  there  shall  be  appointed,  or 
elected,  as  many  justices  of  the  peace  as  the  public  good  may  require,  whose 
Ifowers,  duties  and  duration  in  office  shall  be  regulated  by  law.     (s) 

[Const.  1865.  .\rt.  6,  See.   2,'i.) 

Sec.  38.  Writs  and  indictments. — All  writs  and  process  shall  run  and  all 
prosecutions  shall  be  conducted  in  the  name  of  the  "State  of  Missouri:"  all  writs 
shall  be  attested  by  the  clerk  of  the  court  from  which  they  shall  be  issued;  and 
all  indictments  shall  conclude,  "against  the  peace  and  dignity  of  the  State." 

(Const.   1S65.  Art.  6.  Sec.  26.) 

Sec.  39.  Clerk.s  of  <;ourts. — The  St.  Louis  Court  of  Appeals  and  Supreme 
Court  shall  ap|>oint  their  own  clerks.  The  clerks  of  all  other  courts  of  record 
shall  be  elective,  for  such  terms  and  in  such  manner  as  may  be  directed  by 
law:  Provided,  That  the  term  of  office  of  no  existing  clerk  of  any  court  of  record 
not  abolished  by  this  Constitution,  shall  be  affected  by  such  law. 

I  Const.   1S6"..  .\rt.   6.  Sec.  22.  modified.] 

Sec.  40.  (lerks.  election  of — ties  and  contests. — In  case  there  be  a  tie  or 
a  contested  election  between  candidates  for  clerk  of  any  court  of  record,  the 
same  shall  be  determined  in  such  manner  as  may  be  directed  by  law. 

[New  section.) 

Sec.  41.  Judse.  rt^nioval  for  inability. — In  case  of  the  inability  of  any  judge 
of  a  court  of  record  to  discharge  the  duties  of  his  office  with  efficiency,  by  reason 
of  continued  sickness,  or  physical  or  mental  infirmity,  it  shall  be  in  the  power 
of  the  General  Assembly,  two-thirds  of  the  members  of  each  house  concurring, 
with  the  approval  of  the  Governor,  to  remove  such  judge  from  office:  but  each 
house  shall  state  on  its  respective  journal  the  cause  for  which  it  shall  wish  his 
removal,  and  give  him  notice  thereof,  and  he  shall  have  the  right  to  be  heard 
In  his  defense,  in  such  manner  as  the  General  Assembly  shall  by  law  direct. 

[NfW  section.) 

Sec.  42.  Existing;  roDrt.<i  to  continue. — .All  courts  now  existing  in  this  State, 
not  named  or  provided  for  in  this  Constitution,  shall  continue  until  the  expira- 
tion of  the  terms  of  office  of  the  several  judges:  and  as  such  terms  expire,  the 
business  of  said  courts  shall  vest  in  the  court  having  jurisdiction  thereof  in  the 
counties  where  said  courts  now  exist,  and  all  the  records  and  papers  shall  be  trans- 
ferred to  the  proper  courts. 

[New  section. ) 

?ec.  43.  Supronic  (Ourl,  what  opinion--  to  In-  i)ul>li>ln'd. — The  Supreme 
Court  of  the  State  shall  designate  what  opinions  delivered  by  the  Court,  or  the 
Judges  thereof,  may  be  printed  at  the  expense  of  the  State:  and  the  General 
.Assembly  shall  make  no  provision  for  payment  by  the  State  for  the  publication 
of  any  case  decided  by  said  court  not  so  designated. 

[NewT  section.  ] 

Sec.    44.     Judicial   decisions   free   for   publication. — All    judicial   decisions   in 
this  State  shall  be  free  for  publication  by  any  |>erson. 
[New  section.) 

COURTS  OF   APPEAUS. 

rT!i.-  f..;i..wir.i,-    .itn- n.lin-  nt    t..    tl.-'    r,  ,i,st  it  u  ti.  in    .xt.n.IlnB   the   jurisdiction    of    the 

St     :  IV    Court   of    Appeiila.    was 

»  ii  .ipproved    March    29.    1SS3. 

«n.l  luxt    following  the   first 


yp)      Probate  Coij-  -      rx>ul8:     See  Henderson  vs.  Ko-'nlg.      16s  Mo.  336. 

(i)        Justices  of  '  in  St.  Louis:     See  State  ex  rel.  vs.  Walton.  69  Mo.  566; 

Spauldlng  vs.   Brady.   1-- 


44  CONSTITUTION   OI''   THE    STATE    OF   MISSOUKI.  [ART.  VI. 

Section  1.  St.  Louis  Court  of  .Appeals,  extended  jurisdiction. — The  juris- 
diction of  the  St.  Louis  Court  of  Appeals  is  hereby  extended  so  as  to  be  coexten- 
sive with  the  counties  of  Monroe,  Shelby,  Knox,  Scotland,  Clark,  Lewis,  Marion, 
Ralls,  Pike,  Lincoln,  Warren,  St.  Charles.  St.  Louis,  Jefferson,  Ste.  Genevieve, 
Perry,  Cape  Girardeau,  Scott.  Mississippi,  New  Madrid,  Pemiscot,  Dunklin,  Stod- 
dard, Wayne,  Bollinger,  Madison,  St.  Francois,  Washington,  Franklin,  Crawford, 
Iron,  Reynolds,  Carter,  Butler,  Ripley.  Oregon,  Shannon,  Dent,  Plielps,  Pulaski, 
Texas,  Howell,  Ozark,  Douglas,  Wriglit,  Laclede,  Webster,  Christian,  Taney, 
Stone.  Greene,  Lawrence,  Barry,  Newton  and  McDonald,  as  well  as  the  city  of 
St.  Louis;  and  each  judge  thereof,  when  hereafter  elected,  shall  be  elected  by  the 
qualified  voters  of  the  counties  and  of  the  city  under  the  jurisdiction  of  said 
court,  and  shall  be  a  resident  of  the  said  territorial  appellate  district. 

[By  Act  of  1S89.  Montgomery  county,  and  by  Act  of  1S93,  Audrain  county  are  now 
included  in  the  St.  Louis  Court  of  Ajipeals  district. 

Sec.  2.  Kansas  Cit.v  Court  of  Appeals,  jurisdiction,  terms,  judges. — There 
is  hereby  establislied  at  Kansas  City  an  appellate  court,  to  be  known  as  the 
Kansas  City  Court  of  Appeals,  tlie  jurisdiction  of  which  shall  be  coextensive 
with  all  the  counties  in  the  State  except  those  embraced  in  the  jurisdiction  of  the 
St.  Louis  Court  of  Appeals.  There  shall  be  held  in  each  year  two  terms  of  said 
Kansas  City  Court  of  Appeals,  one  on  the  first  Monday  of  March  and  one  on  the 
first  Monday  of  October.  The  Kansas  City  Court  of  Appeals  shall  consist  of  tliree 
judges,  who  sliall  be  elected  by  the  qualified  voters  of  the  counties  under  the 
jurisdiction  of  said  court,  and  shall  be  residents  of  said  territorial  appellate 
district. 

Sec.  3.  Court  of  Appeals,  additional  may  be  established. — The  General 
Assembly  sliall  have  power  by  law  to  create  one  additional  court  of  appeals,  with 
a  new  district  therefor;  to  change  the  limits  of  the  appellate  districts,  and  the  names 
of  the  courts  of  ai)peals,  designating  the  districts  by  numbers  or  otherwise;  to  change 
the  time  of  holding  the  terms  of  said  courts:  to  increase  or  diminish  the  pecuniary 
limit  of  the  jurisdiction  of  the  courts  of  appeals;  to  provide  for  the  transfer  of  cases 
from  one  court  of  appeals  to  anotlier  court  of  appeals;  to  provide  for  the  transfer  of 
cases  from  a  court  of  appeals  to  the  Supreme  Court,  and  to  provide  for  the  iiearing 
and  determination  of  such  cases  by  tlie  courts  to  which  they  may  be  transferred. 

Sec.  4.  Kansas  City  Court  of  Appeals — first  judges,  appointment  and  election 
— Ijiw  applicable  to. — The  first  term  of  said  Kansas  City  Court  of  Appeals  sliall 
be  held  on  the  first  Monday  of  March  in  the  year  1SS5,  and  the  first  judges  tliereof 
sliall,  upon  the  adoption  of  this  amendment,  be  appointed  by  the  Governor  of  said 
State  for  the  term  of  four  years  eacli,  beginning  on  the  first  day  of  January,  1885, 
and  at  the  general  election  in  the  year  1S8S,  the  first  election  for  the  judges  of  said 
court  shall  be  held,  and  the  [provisions  of  the  Constitution  of  the  State  concerning  tlie 
organization,  the  judges,  the  powers,  tlie  jurisdiction  and  proceedings  of  the  St. 
Louis  Court  of  Appeals  as  lierein  amended,  shall  in  all  aiipropriate  respects  apply- 
to  the  Kansas  City  Court  of  Appeals,  and  to  such  additional  court  of  appeals  as  may 
be  by  law  created. 

Sec.  5.  Supreme  Court,  exclusive  appellate  jurisdiction  of. — In  all  causes 
or  proceedings  reviewable  by  the  Supreme  Court,  writs  of  error  shall  run  from  the 
Supreme  Court  directly  to  the  circuit  courts  and  to  courts  having  the  jurisdiction 
pertaining  to  circuit  courts,  and  in  all  such  causes  or  proceedings,  appeals  shall  lie 
from  such  trial  courts  directly  to  the  Supreme  Court,  and  the  Supreme  Court  shall 
have  exclusive  jurisdiction  of  such  writs  of  error  and  appeals,  and  shall  in  all  such 
cases  exclusively  exercise  suiierintending  control   over  such  trial   courts. 

Sec.  6.  Courts  of  .ippeals,  cases  nia.v  be  certified  tt)  Suineme  Court,  when. — 
When  any  one  of  said  courts  of  a|)peals  shall  in  any  cause  or  proceeding  render 
a  decision  which  any  one  of  the  judges  therein  sitting  shall  deem  contrary  to 
any  previous  decision  of  any  one  of  said  courts  of  ap[)eals,  or  of  the  Supreme 
Court,  tlie  said  Court  of  Appeals  must,  of  its  own  motion,  pending  the  same  term 
and  not  afterward,  certify  and  transfer  said  cause  or  proceeding  and  the  original 
transcrijt  therein  to  the  Supreme  Court,  and  thereupon  the  Supreme  Court  must 
rehear  and  determine  said  cause  or  [iroceeding,  as  in  case  of  jurisdiction  obtained 
Ijy  ordinary  appellate  [irocess;  and  the  last  previous  rulings  of  the  Supreme 
Court  on  any  question  of  law  or  equity  shall,  in  all  cases,  be  controlling  authority 
in  said  courts  of  appeals. 

Sec.  7.  Cases  now  pending  in  Supreme  Coui-t  transferred  to  Kansas  City 
Court  of  Appeals. — All  cases  which  may  be  pending  in  the  Supreme  Court  at  the 
time  of  the  adoption  of  this  amendment,  which  have  not  been  submitted,  and 
which  by  its  terms  would  come  within  the  territorial  appellate  jurisdiction  of 
the  Kansas  City  Court  of  Appeals,  shall  be  certified  and  transferred  to  such  court 
to  be  heard  and  determined  by  it. 

Sec.  S.  Supreme  Court,  superintending  control  of. — The  Supreme  Court  shall 
have  suiierintending  control  overthe  courts  of  a[)peals  by  mandamtis.  [)rohibition  and 
certiorari. 


ART.    \I.l  CONSTITUTION    OF    TlIK    STATI'.    OI'    MlSSOntl.  45 

Sec.  9.  Kansiis  City  Court  of  Appt'iils,  I'oiirt-i'ooiii  and  olticcs.  The  Stale 
shall  provide  a  suitable  court-room  at  Kansas  City,  in  which  the  Kansas  City 
Court  of  Appeals  shall  hold  its  sessions:  also  a  clerk's  oftice  and  furnished  oftices 
for  the  judges. 

Sec.  10.  Judses  of  Courts  of  Appeals — salaries,  liow  paid. — The  judges  of 
the  Kansas  City  Court  of  Appeals,  and  of  such  additional  court  of  ai)peals  as 
may  be  created  by  law,  shall  each  annually  receive  a  salary  of  three  thousand 
five  hundred  dollars  per  annum,  which,  toRother  with  the  entire  salaries  of 
the  judges  of  the  St.  Louis  Court  of  Ai)eals,  shall  be  paid  out  of  the  State  treasury. 
as  the  salaries  of  the  judges  of  the  Supreme  Court  are  now  paid,  unless  other- 
wise provided  by  law. 

Sec.  11.  Constitution,  inconsistent  provisions  rcsciiKled. — .A.11  provisions  of 
the  Constitution  of  this  State,  and  all  laws  of  this  Stale  which  are  inconsistent 
with  this  amendment,  shall,  so  far  as  inconsistent,  uixui  its  adoption,  be  forever 
rescinded  and  of  no  effect. 

SUPREME  COURT. 

(The  following  amendment  to  the  Constitution  increasing-  the  numl)er  of  judses 
of  the  Supreme  Court  from  four  to  seven  and  creating  two  divisions  of  the  court,  was 
submitted  to  the  qualified  voters  by  joint  and  concurrent  resolution,  and  was  ailopteii 
nt  the  general  election  held  on  the  Tuesday  next  following  the  first  Monday  in 
November,   1S90.] 

Section  1.  Xuniber  of  judfje.s — divisions  of  court — business,  how  divided — 
<|uoruni. — The  Supreme  Court  shall  consist  of  seven  judses.  and,  after  the  lirst 
.Monday  in  .January.  1891.  shall  be  divided  into  two  divisions,  as  follows:  One 
division  to  consist  of  four  judges  of  the  court  and  to  be  known  as  division  number 
one.  the  other  to  consist  of  the  remaining  judges  and  to  be  known  as  division 
number  two.  The  divisions  shall  sit  separately  for  the  hearing  and  dis|)osition 
of  causes  and  matters  pertaining  thereto,  and  shall  have  concurrent  jurisdiction 
of  all  matters  and  causes  in  the  Supreme  Court,  exce|)t  that  division  number 
two  shall  have  exclusive  cognizance  of  all  criminal  cases  pending  in  said  court: 
Provitlvd.  That  a  cause  therein  may  be  transferred  to  the  court  as  provided  in 
section  four  of  this  amendment.  The  division  of  business  of  which  said  divisions 
have  concurrent  jurisdiction  shall  be  made  as  the  Supreme  Court  may  deti'rniiiie. 
A  majority  of  the  judges  of  a  division  shall  constitute  a  quorum  thereof,  and  all 
orders,  judgments  and  decrees  of  either  division,  as  to  causes  tiiid  matters  piMuliiig 
before  it,  shall  have  the  force  and  effect  of  those  of  the  court. 

Sec.  :;.  .Appointment  and  election  of  .judges — term — divisions,  how  con- 
stiluted^-cliief  justice — presiding'  judges. — Upon  the  adoiition  of  this  amend- 
ment, the  Governor  shall  appoint  two  additional  judges  of  the  Supreme  Court, 
who  shall  hold  their  offices  until  the  first  Monday  in  .lanuary,  1893,  and  at  the 
general  election  in  the  year  1892  their  successors  shall  be  elected,  who  shall 
hold  their  offices  for  the  term  of  ten  years,  as  other  judges  of  the  Sui)reme 
Court.  The  two  judges  appointed  by  the  Governor,  together  with  the  judge 
elected  at  the  general  election  in  the  year  189tl,  shall  constitute  division  number 
two,  and  the  remaining  judges  shall  constitjite  division  number  one.  The 
court  shall  elect  its  chief  justice  and  each  division  a  presiding  judge  thereof. 

Sec,  3.  Busiucs.s  divided,  liow — lu-actice^-opiiiions — ori;;iual  writs. — The  Su- 
preme Court  shall  assign  to  each  division  the  causes  and  matters  to  be  heard  by 
it,  of  which  assignment  due  public  notice  shall  be  given,  and  all  laws  relating 
to  practice  in  the  Supreme  Cotirt,  as  well  as  the  rules  of  the  Supreme  Court, 
shall  apply  to  each  division  so  far  as  they  may  be  applicable  thereto.  The  opinion 
of  each  division  shall  be  in  writing,  and  shall  be  filed  in  the  causes  in  which 
they  shall  be  respectively  made  during  the  term  at  which  the  cause  is  submitted, 
and  such  opinions  shall  be  a  part  of  the  records  of  the  Supreme  Court.  Each 
division  shall  have  authority  to  issue  the  original  writs  and  exercise  the  powers 
enumerated   in   section   three  of   article  six  of  the   Constitution. 

Sec.  4.  Ciuse  transferred  to  court  en  banc,  wlu-n. — When  the  judges  of  a 
division  are  equally  divided  in  opinion  in  a  cause,  or  when  a  judge  of  a  division 
dissents  from  the  opinion  therein,  or  when  a  federal  queston  is  involved,  the  cause, 
on  the  application  of  the  losing  party,  shall  be  transferred  to  the  court  for  its 
decision;  or  when  a  division  in  which  a  cause  is  pending  shall  so  order,  the 
cause  shall  be  transferred  to  the  court  for  its  decision. 

Sec.  a.  Court  may  dispense  with  divisions — may  re-divide. — Whenever  1« 
the  opinion  of  the  Supreme  Court  the  state  of  its  docket  with  reference  to  the 
speedy  disposition  of  the  business  of  the  court  will  justify  dispensing  with  the  divis- 
ions hereinbefore  provided,  the  court  shall  dispense  therewith  and  thi»  court  shall 
thereafter  hear  and  determine  all  causes  pending  in  it:  Pruvidcd.  houcvcr.  That 
the  court  shall  have  the  power  to  again  divide  itself  into  two  divisions,  in  like 
manner  and  with  like  power  and  effect  as  hereinbefore  provided,  whenever  in 
the  opinion  oi  six  judges  thereof,  entered  of  record,  the  condition  of  its  docket 
with  reference  to  the  speedy  disposition  of  the  business  of  the  court  so  require; 


46  CONSTITUTION  OF  THE  STATE  OF  MISSOURI.    [ARTS.  VII  and  VIII. 

and  in  such  division  the  four  Judges  oldest  in  commission  shall  constitute  division 
number  one,  and  the  remaining  judges  division  number  two. 

Sec.  6.  Repealing  clau.se. — All  provisions  of  the  Constitution  of  the  State 
and  all  laws  thereof  not  consistent  with  this  amendment,  shall,  upon  its  adoption, 
be   forever  rescinded   and  of  no  effect. 

ARTICLE  vn. 

IMPEACHMENTS. 

Section  1.  Officers  liable  to. — The  Governor,  Lieutenant-Governor,  Secre- 
tary of  State,  State  Auditor,  State  Treasurer,  Attorney-General,  Superintendent 
of  Public  Schools  and  Judges  of  the  Supreme,  Circuit  and  Criminal  Courts,  and 
of  the  St.  Louis  Court  of  Appeals,  shall  be  liable  to  impeachment  for  high  crimes 
or  misdemeanors,  and  for  misconduct,  habits  of  drunkenness,  or  oppression  In 
office. 

[See  Const.  1865,  Art.  7,  Sec.  1.] 

Sec.     2.      House     impeaches.     Senate     tries — ^proceedings — punishment. — The 

House  of  Representatives  shall  have  the  sole  power  of  impeachment.  All  im- 
peachments shall  be  tried  by  the  Senate,  and,  when  sitting  for  that  purpose,  the 
Senators  shall  be  sworn  to  do  justice  according  to  law  and  evidence.  When  the 
Governor  of  the  State  is  on  trial,  the  Cliief  Justice  of  the  Supreme  Court  shall 
preside.  No  person  shall  be  convicted  without  the  concurrence  of  two-thirds 
of  the  Senators  present.  But  judgment  in  such  cases  shall  not  extend  any  further 
than  removal  from  office,  and  disqualification  to  hold  any  office  of  honor,  trust 
or  profit  under  this  State.  The  party,  whether  convicted  or  acquitted,  shall, 
nevertheless,  be  liable  to  prosecution,  trial,  judgment  and  punishment  according 
to  law. 

[Const.   1S65,  Art.   7,  Sees.  1  and  2.      Last  sentence  is  new.] 

ARTICLE  \ail. 

SUFFRAGE    AND    ELECTIONS. 

Section  1.  General  elections,  when  held. — The  general  election  shall  be  held 
biennially  on  the  Tuesday  next  following  the  first  Monday  in  November.  The  first 
general  election  under  this  Constitution  shall  be  held  on  that  day,  in  the  year 
one  thousand  eiglit  hundred  and  seventy-six;  but  the  General  Assembly  may,  by 
law,  fix  a  different  day — two-thirds  of  all  the  members  of  eacli  house  consenting 
thereto. 

[Same   in   substance  as  Const.   1S65.   .\rt.   2,  Sec.   2.] 

Sec.  2.  Electors,  qualifications  of. — Every  male  citizen  of  the  United  States, 
and  every  male  person  of  foreign  birth  who  may  have  declared  his  intention  to 
become  a  citizen  of  the  United  States  according  to  law,  not  less  than  one  year  nor 
more  than  five  years  before  he  offers  to  vote,  who  is  over  the  age  of  twenty-one 
years,  possessing  the  following  qualifications,  shall  be  entitled  to  vote  at  all  elections 
by  the  people: 

First,  He  shall  have  resided  in  the  State  one  year  immediately  preceding  the 
election  at  which  he  offers  to  vote. 

Second.  He  shall  have  resided  in  the  county,  city  or  town  where  he  shall  offer  to 
vote  at  least  sixty  days  immediately  preceding  the  election. 

[Const.    18G5,   Art.    2.   Sec.   IS.] 

Sec.  3.  Elections,  how  conducted  and  contested. — All  elections  by  the  people 
shall  be  by  ballot;  every  ballot  voted  shall  be  numbered  in  the  order  in  which  it 
shall  be  received;  and  the  number  recorded  by  the  election  officers  on  the  list  of 
voters,  opposite  the  name  of  the  voter  who  presents  the  ballot.  The  election  officers 
shall  be  sworn  or  affirmed  not  to  disclose  how  any  voter  shall  have  voted,  unless 
required  to  do  as  witnesses  in  a  judicial  proceeding:  Provided.  That  in  all  cases 
of  contested  elections  the  ballots  cast  may  be  counted,  compared  with  the  list  of 
voters,  and  examined  under  such  safeguards  and  regulations  as  may  be  prescribed 
by  law. 

[First  provision  .same  as  Const.  1865,  Art.   2,  Sec.   1.    Remainder  new.] 

Sec.  4.  V'oters  free  from  arrest,  when. — Voters  shall,  in  all  cases  except 
treason,  felony  or  breach  of  the  peace,  be  privileged  from  arrest  during  their  attend- 
ance at  elections,  and  in  going  to  and  returning  therefrom. 

[Same  in   suLo'ance   as  Const.   1865.   Art.   2.   Sec.   22.] 

Sec.  5.  Registration  in  cities  and  counties. — The  General  Assembly  shall  pro- 
vide, by  law,  for  the  registration  of  all  voters  in  cities  and  counties  having  a  popula- 
tion of  more  than  one  hundred  thousand  inhabitants,  and  may  provide  for  such  reg- 
istration in  cities  having  a  population  exceeding  twenty-five  thousand  inhabitants 
and  not  exceeding  one  hundred  thousand,  but  not  otherwise. 

[See  Const.   1865.  Art.   2,  Sec.  4.] 


AHT.  VIII.]  CONSTITUTION   OF  THK   STATE  OF  MISSOURI.  47 

Sec.  6.  Elections  viva  voce,  wlu'ii. — All  elections,  by  persons  in  a  representa- 
tive capacity,  shall  be  viva  voce. 

[Now  section.) 

Sec.  7.  Kesidciice  as  voter  not  gained  or  lost,  when. — For  tlie  purpose  of 
voting,  no  person  shall  bo  deemed  to  have  gained  a  residence  by  reason  of  his  pres- 
ence, or  lost  it  by  reason  ot  his  absence  while  employed  in  the  service,  either  civil  or 
military,  of  this  State,  or  of  the  United  States,  nor  while  engaged  in  the  navigation 
of  the  waters  of  the  State  or  of  the  United  States,  or  of  the  high  seas,  nor  while  a 
student  of  any  institution  of  learning,  nor  while  kept  in  a  poor  house  or  other  asylum 
at  public  expense,  nor  while  confined  in  public  prison. 

[.s,o  Const.   1S65.  Art.  2,  Sec.  20.] 

Sec.  8.  Who  disqualified  as  voters. — No  i)erson,  while  kei)t  at  any  poor-house 
or  other  asylum,  at  public  expense,  nor  while  confined  in  any  public  prison,  shall  be 
entitled  to  vote  at  any  election  under  the  laws  ot  tliis  State. 

(New  section.] 

Sec.  9.  Contested  elections,  trial  of,  etc. — The  trial  and  determination  of  con- 
tested elections  of  all  public  officers,  whether  State,  judicial,  municipal  or  local,  ex- 
cept Governor  and  Lieutenant-Governor,  shall  be  by  the  courts  of  law,  or  by  one  or 
more  of  the  judges  threeof.  The  General  Assembly  shall,  by  general  law,  designate 
the  court  or  judge  by  whom  the  several  classes  of  election  contests  shall  be  tried, 
and  regulate  the  manner  of  trial  and  all  matters  incident  thereto;  but  no  such  law, 
assigning  jurisdiction  or  regulating  its  exercises,  shall  apply  to  any  contest  arising 
out  ot  any  election  held  before  said  law  shall  take  effect. 

[See  Const.   ISS:..  Art.   2.  Sees.    19  and   21.) 

Sec.  10.  Criminals  may  l)c  disqualified. — The  General  Assembly  may  enact 
laws  excluding  from  the  riglat  of  voting  all  persons  convicted  of  felony  or  other  in- 
famous crime,  or  misdemeanor  connected  with  the  exercise  of  the  right  of  suffrage. 

(New  section.      See  Const.   lSfi5.  Art.   2.  Soo.   26.) 

Sec.  11.  OiTiccrs,  soldiers  and  marines  disqualified. — No  officer,  soldier  or  ma- 
rine in  the  regular  army  or  navy  ot  the  United  States  shall  be  entitled  to  vote  at 
any  election  in  this  State. 

[Const.   ISO.').  .Vrt.  2.  Sec.   IG.] 

Sec.  12.  Aliens  not  to  be  appointed  or  elected. — No  person  shall  be  elected 
or  appointed  to  any  office  in  this  State,  civil  or  military,  who  is  not  a  citizen  of  the 
United  States,  and  who  shall  not  have  resided  in  this  State  one  year  next  preceding 
his  election  or  appointment. 

[New  section.] 

ARTICLE  IX. 

COUNTIES,  CITIES  AND  TOWNS. 

Section  1.  Counties  now  existing  recognized. — The  several  counties  of  this 
State,  as  they  now  exist,  are  herel)y  recognized  as  legal  subdivisions  of  the  State.     (;') 

[New  section.) 

Sec.  2.  County  seats,  removal  of,  when  submitted. — The  General  Assembly 
shall  have  no  power  to  remove  the  county  seat  of  any  county,  but  the  removal  of 
county  seats  shall  be  provided  for  by  general  law;  and  no  county  seat  shall  be  re- 
moved unless  two-thirds  of  the  qualified  voters  of  the  county,  voting  on  the  proposi- 
tion at  a  general  election,  vote  therefor;  and  no  such  proposition  shall  be  submitted 
oftener  than  once  in  five  years.  All  additions  to  a  town  which  is  a  county  seat 
shall  be  included,  considered  and  regarded  as  part  of  the  county  seat. 

[Const.    1S6.S.  Art.   4.  Sec.  30.  modified.) 

Sec.  3.  Xew  counties,  divisions  of  counties  by  vote,  etc. — The  General  Assem- 
bly shall  have  no  i)ower  to  establish  any  new  county  with  a  territory  of  less  than 
four  hundred  and  ten  square  miles,  nor  to  reduce  any  county  now  established  to  a 
less  area  or  less  population  than  required  for  a  ratio  of  rejiresentation  existing  at  the 
time;  but  when  a  new  county  is  formed  having  a  population  less  than  a  ratio  of  rep- 
resentation, it  shall  be  attached  tor  representative  purposes  to  the  county  from  which 
the  greatest  amount  of  territory  is  taken  until  such  ratio  shall  be  obt;iined.  No 
county  shall  be  divided  or  have  any  portion  stricken  therefrom  without  submitting 
the  question  to  a  vote  of  the  people  of  the  county,  nor  unless  a  majority  ot  all  the 
qualified  voters  of  the  county  or  counties  thus  affected,  voting  on  the  question,  shall 
vote  therefor;  nor  shall  any  new  county  bo  established,  any  line  of  which  shall  run 
within  ten  miles  ot  the  then  existing  county  seat  of  any  county.  In  all  cases  of  the 
establishment  of  any  new  county,  the  new  county  shall  be  held  for  and  obliged  to 
pay  its  ratable  proportion  of  all  the  liabilities  then  existing  of  the  county  or  counties 
from  which  said  new  county  shall  be  formed. 

[Const.   1S6.1.  Art.  ■».  Sec.  31.   modified.) 

Sec.  4.  Counties,  part  stricken  off,  how. — No  part  of  the  territory  of  any 
county  shall   be  stricken   off  and  added  to  an  adjoining  county   without  submitting 


O;      City  of  St  Ixiuia.  sec:     State  ex  rel.  vs.  Finn.  4  Mo.  app.    847:  as  to  .' 
being  a  political  sub-dlvlslon  of  the  Siate,  see  note  to  Charter,  Art.   XVI,  Sec. 


4jJ  CONSTITUTION    OF    THE    STATE    OF    MISSOURI.  [ART.   IX. 

the  question  to  the  qualified  voters  of  the  counties  immediately  interested,  nor  un- 
less a  majority  of  all  the  qualified  voters  of  the  counties  thus  affected,  voting  on  the 
question,  shall  vote  therefor.  When  any  part  of  a  county  is  stricken  off  and  attached 
to  another  county,  the  part  stricken  off  shall  be  holden  for  and  obliged  to  pay  its 
proportion  of  all  the  liabilities  then  existing  of  the  county  from  which  it  is  taken. 

[New  section.] 

Sec.  5.  Xew  county,  liability  ol. — When  any  new  county,  formed  from  con- 
tiguous territory  taken  from  older  counties,  or  when  any  county  to  which  territory 
shall  be  added  taken  from  an  adjoining  county  shall  fail  to  pay  the  proportion  of  in- 
debtedness of  such  territory  to  the  county  or  counties  from  which  it  is  taken,  then  it 
may  be  lawful  for  any  county  from  which  such  territory  has  been  taken  to  levy  and 
collect,  by  taxation,  the  due  proportion  of  indebtedness  of  such  territory,  in  the  same 
manner  as  if  the  territory  had  not  been  stricken  off. 

[New  section.] 

Sec.  6.  Municipalities  not  to  subscribe  to  capital  stock  of  corporation.s. — No 
county,  township,  city  or  other  municipality  shall  hereafter  become  a  subscriber  to 
the  capital  stock  of  any  railroad  or  other  corporation  or  association,  or  make  appro- 
priation or  donation,  or  loan  its  credit  to  or  in  aid  of  any  such  corporation  or  asso- 
ciation, or  to  or  in  aid  of  any  college  or  institution  of  learning  or  other  institution, 
whether  created  for  or  to  be  controlled  by  the  State  or  others.  All  authority  here- 
tofore conferred  for  any  of  the  purposes  aforesaid  by  the  General  Assembly,  or  by 
the  charter  of  any  corporation,  is  hereby  rejiealed:  Provided,  houever.  That  noth- 
ing in  this  Constitution  contained  shall  affect  the  right  of  any  such  municipality  to 
make  such  subscription,  where  the  same  has  been  authorized  under  existing  laws  by 
a  vote  of  the  people  of  such  municipality  prior  to  its  adoption,  or  to  prevent  the 
issue  of  renewal  bonds,  or  the  use  of  such  other  means  as  are  or  may  be  prescribed 
by  law  for  the  liquidation  or  payment  of  such  subscription,  or  of  any  existing  in- 
debtedness. 

[See  Const.   1S65,  Art.    11,   Sec.   14.] 

Sec.  7.  Cities  and  towns,  organizations  and  classification. — The  General  As- 
sembly shall  provide,  by  general  laws,  for  the  organization  and  classification  of  cities 
and  towns.  The  number  of  such  classes  shall  not  exceed  four;  and  the  power  of 
each  class  shall  be  defined  by  general  laws, so  that  all  such  municipal  corporations  of 
the  same  class  shall  possess  the  same  powers  and  be  subject  to  the  same  restric- 
tions. The  General  Assembly  shall  also  make  iirovisions,  by  general  law.  whereby 
any  city,  town  or  village,  existing  by  virtue  of  any  special  or  local  law,  may  elect  to 
become  subject  to,  and  be  governed  by,  the  general  laws  relating  to  such  coriiora- 
tions. 

[See   Const.    1865,   Art.    S,   Sec.    5.] 

Sec.  8.  Tcnvnship  organization — county  justices. — The  General  Assembly  may 
lirovide,  by  general  law,  for  township  organization,  under  which  any  county  may 
organize  whenever  a  majority  of  the  legal  voters  of  such  county,  voting  upon  that 
proposition,  at  any  general  election,  shall  so  determine:  and  whenever  any  county 
shall  adopt  township  organization,  so  much  of  this  Constitution  as  provides  for  the 
management  of  county  affairs,  and  the  assessment  and  collection  of  the  revenue  by 
county  officers,  in  conflict  with  such  general  law  for  township  organization,  may  be 
dispensed  with,  and  the  business  of  said  county,  and  the  local  concerns  of  the  sev- 
eral townships  therein,  may  be  transacted  in  such  manner  as  may  be  prescribed  by 
law:  Provided,  That  the  justices  of  the  county  court  in  such  cases  shall  not  exceed 
three  in  number. 

[New  section.     Section,  as  amended,  adopted  in   1902.] 

Sec.  9.  Township  organization  discontinued,  how. — In  any  county  which  shall 
have  adopted  "township  organization,"  the  question  of  continuing  the  same  may  be 
submitted  to  a  vote  of  the  electors  of  such  county  at  a  general  election,  in  the  man- 
ner that  shall  be  provided  by  law;  and  if  a  majority  of  all  the  votes  cast  upon  that 
question  shall  be  against  township  organization,  it  shall  cease  in  said  county;  and 
all  laws  in  force  in  relation  to  counties  not  having  township  organization  shall  im- 
mediately take  effect  and  be  in  force  in  such  county, 

[New  section.] 

Sec.  10.  .Sheriffs  and  Coroners. — There  shall  be  elected  by  the  qualified  vot- 
ers in  each  county  on  the  first  Tuesday  next  following  the  first  Monday  in  Novem- 
ber, A.  D.,  1908,  and  thereafter  every  four  years,  a  sheriff  and  coroner.  They  shall 
serve  for  four  years  and  until  their  successors  be  duly  elected  and  qtialified,  unless 
sooner  removed  for  malfeasance  in  office.  Before  entering  on  the  duties  of  their 
office,  they  shall  give  security  in  the  amount  and  in  such  manner  as  shall  be  pre- 
scribed by  law  and  shall  be  eligible  only  four  years  in  any  one  period. 

Whenever  a  county  shall  be  hereafter  established,  the  governor  shall  appoint  a 
sheriff  and  coroner  therein,  who  shall  continue  in  office  until  the  next  succeeding 
general  election  and  until  their  successors  shall  be  duly  elected  and  qualified. 

[As  amended,  adopted  in  19116.]     (<•) 

(/•)     See  note  to  Charter  Art,  IV  Sec.  1;  Scheme,  Sec.  5. 


AEIT.    IX.]  CONSTITUTION   OF   THK    STATIC   OP   MISSOURI.  49 

Sec.  11.  Sheriffs  or  coroner — vaijiii«y  in  tilVicc. — Whenever  a  vacancy  shall 
happen  in  the  office  of  sheriff  or  coroner,  the  same  shall  be  filled  Ijy  the  county  court. 
If  such  vacancy  happen  in  the  office  of  sheriff  more  than  nine  months  prior  to  the 
time  of  holding  a  general  election,  such  county  court  shall  immediately  order  a 
special  election  to  fill  the  same,  and  the  person  liy  it  appointed  shall  hold  office  until 
the  person  chosen  at  such  election  shall  he  duly  (lualified;  otherwise,  the  person  ap- 
pointed by  such  county  court  shall  hold  office  until  the  person  chosen  at  such  general 
election  shall  be  duly  qualified.  If  any  vacancy  happen  in  the  office  of  coroner,  the 
same  shall  be  filled  for  the  remainder  of  the  term  by  such  county  court.  No  person 
elected  or  appointed  to  fill  a  vacancy  in  either  of  said  offices  shall  thereby  be  ren- 
dered ineligible  for  the  next  succeeding  term. 

(Const.   1S65.  Art.   5,  Sec.   23.] 

Sec.  12.  County  ofllcors — fees  of. — The  General  Assembly  shall,  by  a  law 
uniform  in  its  operation,  provide  for  and  regulate  the  fees  of  all  county  officers,  and 
Tor  this  purpose  may  classify  the  counties  by  population. 

(New  section.] 

Sec.  13.  Fees  of  county  or  city  officers,  limit — quarterly  returns. — The  fees 
of  no  executive  or  ministerial  officer  of  any  county  or  iuunici|)ality,  exclusive  of  the 
salaries  actually  paid  to  his  necessary  deputies,  shall  exceed  the  sum  of  ten  thousand 
dollars  for  any  one  year.  Every  such  officer  shall  make  return,  quarterly,  to  the 
county  court  of  all  fees  by  him  received,  and  of  the  salaries  by  him  actually  [laid  to 
his  deiiuties  or  assistants,  stating  the  same  in  detail,  and  verifying  the  same  by  his 
affidavit:  and  for  any  statement  or  omission  in  such  return,  contrary  to  truth,  such 
officer  shall  be  liable  to  the  penalties  ot  willful  and  corru|)t  perjury. 

(New  section.] 

Sec.  14.  K.Ytra  officers,  duties  and  terms. — Except  as  otherwise  directed  by 
this  Constitution,  the  General  Assembly  shall  provide  for  the  election  or  appointment 
of  such  other  county,  township  and  municipal  officers  as  public  convenience  may  re- 
quire; and  their  terms  of  office  and  duties  shall  be  prescribed  by  law;  but  no  term  ot 
office  shall  exceed  four  years. 

(New  section.] 

bee.  15.  City  and  count,v  governnn'nl>,  consoli<lation  of. — In  all  counties  hav- 
ing a  city  therein  containing  over  one  hundred  thousand  inhabitants,  the  city  and 
county  government  thereof  may  be  consolidated  in  such  manner  as  may  be  provided 
by  law. 

(New  section.] 

Sec.  16.  Large  cities  may  frame  tlieii'  own  charters,  how. — j\ny  city  having 
a  poi)ulation  of  more  than  one  hundred  thousand  inlialjitanis  may  frame  a  charter  for 
its  own  government,  consistent  with  and  subject  to  the  Constitution  and  laws  of  this 
State,  by  causing  a  board  of  thirteen  freeholders,  who  shall  have  been  for  at  least 
five  years  qualified  voters  thereof,  to  be  elected  by  the  qualified  voters  of  such  city 
at  any  general  or  special  election;  which  board  shall,  within  ninety  days  after  such 
election,  return  to  the  chief  magistrate  of  such  city  a  draft  ot  such  charter,  signed  by 
the  members  of  such  board  or  a  majority  ot  them.  Within  thirty  days  thereafter, 
such  proposed  charter  shall  be  submitted  to  the  qualified  voters  of  such  city,  at  a 
general  or  special  election,  and  if  four-sevenths  of  such  qualified  voters  voting  thereat 
shall  ratify  the  same,  it  shall,  at  the  end  of  thirty  days  thereafter,  become  the  charter 
of  such  city,  and  sujiersede  any  existing  charter  and  amendments  thereof.  A  dupli- 
cate certificate  shall  be  made,  setting  forth  the  charter  proposed  and  its  ratification, 
which  shall  be  signed  by  the  chief  magistrate  ot  such  city  and  authenticated  by  its 
corporate  seal.  One  of  such  certificates  shall  be  deposited  in  the  office  ot  the  Secre- 
tary of  State,  and  the  other,  after  being  recorded  in  the  office  ot  the  recorder  ot 
deeds  for  the  county  in  which  such  city  lies,  shall  be  deposited  among  the  archives 
of  such  city,  and  all  courts  shall  take  judicial  notice  thereof.  Such  charter,  so 
adopted,  may  be  amended  by  a  pro|)osal  therefor,  made  by  the  law-making  authori- 
ties of  such  city,  published  for  at  least  thirty  days  in  three  newspa|)ers  ot  largest 
circulation  In  such  city,  one  of  which  shall  be  a  newspai)er  printed  in  the  German 
language,  and  accepted  by  three-fifths  of  the  qualified  voters  of  such  city,  voting  at 
a  general  or  special  election,  and  not  otherwise;  but  such  charter  shall  always  be  in 
harmony  with  and  subject  to  the  Constitution  and  laws  of  the  State. 

(Now  section.) 

Sec.  I".  Provisions  of  such  charters. — It  shall  be  a  feature  of  all  such  char- 
ters that  they  shall  provide,  among  other  things,  for  a  mayor  or  chief  magistrate,  and 
two  houses  of  legislation,  one  of  which  at  least  shall  be  elected  by  general  ticket; 
and  in  submitting  any  such  charter  or  amendment  thereto  to  the  qualified  voters  of 
such  city,  any  alternative  section  or  article  may  he  presented  for  the  choice  of  the 
voters,  and  may  be  voted  on  separately,  and  accei)ted  or  rejected  separately,  without 
prejudice  to  other  articles  or  sections  of  the  charter  or  any  amendment  thereto. 

(.N'ew  section. I 

Sec.  18.  No  person  to  l>o  State  and  nuinicipnl  officer,  etc. — In  cities  or 
counties  having  more  than  two  hundred  thousand  inhabitants,  no  person  shall,  at  the 


50  CONSTITUTION    OF    THE    STATE    OF    MISSOURI.  [ART.   IX. 

same  time,  be  a  State  officer  and  an  officer  of  any  county,  city  or  other  municipality; 
and  no  person  shall,  at  the  same  time,  fill.two  municipal  offices,  either  in  the  same 
or  different  municipalities;  but  this  section  shall  not  apply  to  notaries  public,  justices 
of  the  peace  or  officers  of  the  militia,     (o) 

[New  section.] 

Sec.  19.  Municipal  indebtedness,  payment  of. — The  corporate  authorities  of 
any  county,  city,  or  other  municipal  subdivision  of  this  State,  having  more  than  two 
hundred  thousand  inhabitants,  which  has  already  exceeded  the  limit  of  indebtedness 
prescribed  in  section  twelve  of  article  X  of  this  Constitution,  may,  in  anticipation  of 
the  customary  annual  revenue  thereof,  appropriate,  during  any  fiscal  year,  toward  the 
general  governmental  expenses  thereof,  a  sum  not  exceeding  seven-eighths  of  the 
entire  revenue  applicable  to  general  governmental  purposes  (exclusive  of  the  pay- 
ment of  the  bonded  debt  of  such  county,  city  or  municipality)  that  was  actually  raised 
by  taxation  alone  during  the  preceding  fiscal  year;  but  until  such  excess  of  indebted- 
ness cease,  no  further  bonded  debt  shall  be  incurred,  except  for  the  renewal  of  other 
bonds,     (b) 

[New  section.] 

CITY    OF    ST.     LOUIS. 

Sec.  20.      City  of  St.  Louis,  extension  of  limits,  adoption  of  charter. — The  city 

of  St.  Louis  may  extend  its  limits  so  as  to  emijrace  the  parks  now  without  its  bounda- 
ries, and  other  convenient  and  contiguous  territory,  and  frame  a  charter  for  the  gov- 
ernment of  the  city  thus  enlarged,  upon  the  following  condition,  that  is  to  say:  The 
council  of  the  city  and  county  court  of  the  county  of  St.  Louis  shall,  at  the  request 
of  the  mayor  of  the  city  of  St.  Louis,  meet  in  joint  session  and  order  an  election,  to 
be  held  as  provided  for  general  elections,  by  the  qualified  voters  of  the  city  and 
county,  of  a  board  of  thirteen  freeholders  of  such  city  or  county,  whose  duty  shall  be 
to  propose  a  scheme  for  the  enlargement  and  definition  of  the  boundaries  of  the  city, 
the  reorganization  of  the  government  of  the  county,  the  adjustment  of  the  relations 
between  the  city  thus  enlarged  and  the  residue  of  St.  Louis  county,  and  the  govern- 
ment of  the  city  thus  enlarged,  by  a  charter  in  harmony  with  and  subject  to  the 
Constitution  and  laws  of  Missouri,  which  shall,  among  other  things,  provide  for  a 
chief  executive  and  two  houses  of  legislation,  one  of  which  shall  be  elected  by  general 
ticket,  which  scheme  and  charter  shall  be  signed  in  duplicate  by  said  board  or  a 
majority  of  them,  and  one  of  them  returned  to  the  mayor  of  the  city  and  the  other 
to  the  presiding  justice  of  the  county  court  within  ninety  days  after  the  election  of 
such  board.  Within  thirty  days  thereafter  the  city  council  and  county  court  shall 
submit  such  scheme  to  the  qualified  voters  of  the  whole  county,  and  such  charter  to 
the  qualified  voters  of  the  city  so  enlarged,  at  an  election  to  be  held  not  less  than 
twenty  nor  more  than  thirty  days  after  the  order  therefor;  and  if  a  majority  of  such 
qualified  voters,  voting  at  such  election,  shall  ratify  such  scheme  and  charter,  then 
such  scheme  shall  become  the  organic  law  of  the  county  and  city,  and  such  charter 
the  organic  law  of  the  city,  and  at  the  end  of  sixty  days  thereafter  shall  take  the 
place  of  and  supersede  the  charter  of  St.  Louis,  and  all  amendments  thereof,  and  all 
special  laws  relating  to  St.  Louis  county  inconsistent  with  such  scheme,     (c) 

[New  section.] 

Sec.  21.  Scheme  and  clvarter,  how  authenticated — .judicial  notice. — A  copy 
of  such  scheme  and  charter,  with  a  certificate  thereto  appended  signed  by  the  mayor 
and  authenticated  by  the  seal  of  the  city,  and  also  signed  by  the  presiding  justice 
of  the  county  court  and  authenticated  by  the  seal  of  the  county,  setting  forth  the 
submission  of  such  scheme  and  charter  to  the  qualified  voters  of  such  county  and 
city,  and  its  ratification  by  them,  shall  be  made  in  duplicate,  one  of  which  shall  be 
deposited  in  the  office  of  the  Secretary  of  State,  and  tlie  other,  after  being  recorded 
in  the  office  of  the  recorder  of  deeds  of  St.  Louis  county,  shall  be  deposited  among  the 
archives  of  the  city,  and  thereafter  all  courts  shall  take  judicial  notice  thereof,      (d) 

[New  section.] 

Sec.  2  2.  Charter,  how  amended. — The  charter  so  ratified  may  be  amended 
by  proposals  therefor  submitted  by  the  lawmaking  authorities  of  the  city  to  the 
qualified  voters  thereof,  at  a  general  or  special  election  held  at  least  sixty  days  after 
the  publication  of  such  proposals  and  accepted  by  three-fifths  of  the  qualified  voters 
voting  for  or  against  each  of  said  amendments  so  submitted;  and  the  lawmaking 
authorities  of  sucli  city  may  order  an  election  by  the  qualified  voters  of  the  city  of 
a  board  of  thirteen  freeholders  of  such  city  to  prepare  a  new  charter  for  such  city, 
which  said  charter  shall  be  in  harmony  with  and  subject  to  the  constitution  and  laws 

(a)  See  note  (and  authorities  there  cited)  to  Sec.  10  of  Art.  IV  of  the  Charter  ae 
to  qualifications  of  citv  officers. 

(61         .See  note  to  Charter,  Art.  III.  "ec.  26,  clause  1. 

(c)  For  antlioritios  and  coniments  on  the  boarinK  and  effect  of  this  provision  of 
the  constitution  (as  ^vell  as  the  following  sections)  see  note  hereinafter,  introductory  to 
the  Charter   (note  under  "General  Considerations  Respecting  the  Charter.") 

(rf)  See  Walsh  vs.  Railroad.  102  Mo.  5S2,  589;  St.  Louis  vs.  Lang.  131  Mo.  412.  420; 
State  ex  rel  vs.  Sutton,  3  Mo.  App.  38S;  State  ex  rel,  vs.  Finn.  4  Mo.  App.  348.  For  further 
authorities  and  discussion   see  note  introductory  to  the  cliarter. 


AKTS.    IX,   X.  1  CONSTITUTION  .OF    TllIO    STATK    OF    MISSDUUI.  51 

of  the  state,  and  shall  provide,  among  other  things,  for  a  chief  executive  and  at  least 
one  house  of  legislation  to  be  elected  by  a  general  ticket.  Said  revised  charter  shall 
be  submitted  to  the  (lualified  voters  of  such  city  at  an  election  to  be  held  not  less 
than  twenty  nor  more  than  thirty  days  after  the  order  therefor,  and  if  a  majority 
of  such  qualilied  voters  voting  at  such  election  ratify  such  charter,  then  said  charter 
shall  become  the  organic  law  of  such  city,  and  sixty  days  thereafter  shall  take  effect 
and  supersede  the  charter  of  such  city  and  all  special  laws  inconsistent  there- 
with,    (e) 

[New  section.     Section,  ns  aminiUil.  adopted  in  1902.1 

Sec.  23.  Charter  in  harmony  with  constitution  niul  law.s — various  provisions 
under. — Such  charter  and  ainendinenls  shall  always  be  in  harmony  with  and  sub- 
ject to  the  Constitution  and  laws  of  Missouri,  except  only  that  provision  may  be  made 
lor  the  graduation  of  the  rate  of  taxation  for  city  purposes  in  the  portions  of  the 
city  which  are  added  thereto  by  the  proposed  enlargement  of  its  boimdaries.  In  the 
adjustment  of  the  relations  between  city  and  county,  the  city  shall  take  upon  itself 
the  entire  park  tax:  and  in  consideration  of  the  city  becoming  the  proprietor  of  all 
the  county  buildings  and  property  within  its  enlarged  limits,  it  shall  assume  the 
whole  of  the  existing  county  debt,  and  thereafter  the  city  and  county  of  St.  Louis 
shall  be  independent  of  each  other.  The  city  shall  be  exempted  from  all  counsy  taxa- 
tion. The  judges  of  the  county  court  shall  be  elected  by  the  qualified  voters  outside 
of  the  city.  The  city,  as  enlarged,  shall  be  entitled  to  the  same  representation  in  the 
General  Assembly,  collect  the  State  revenue  and  perform  all  othei-  fimctions  in  rela- 
tion to  the  State,  in  the  same  manner,  as  if  it  were  a  county  as  in  this  Constitution 
defined:  and  the  residue  of  the  county  shall  remain  a  legal  county  of  the  Slate  of 
.Missouri,  imder  the  name  of  the  county  of  St.  I^ouis.  I'ntil  the  next  apportionment 
for  Senators  and  Rejjresentatives  in  the  General  Assembly,  the  city  shall  have  six  Sen- 
ators and  fifteen  Representatives,  and  the  county  one  Senator  and  two  Representa- 
tives, the  same  being  the  number  of  Senators  and  Representatives  to  which  the  county 
of  St.  Louis,  as  now  organized,  is  entitled  under  sections  eight  and  eleven  of  article  IV 
of  this  Constitution,     if) 

(Now  section.] 

Sec.  24.  Courts  of  St.  Louis,  city  and  count.v. — The  county  and  city  of  St. 
Louis,  as  now  existing,  shall  continue  to  constitute  the  Eighth  judicial  circuit,  and 
the  jurisdiction  of  all  courts  of  record,  except  the  county  court,  shall  continue  until 
otherwise  provided  by  law.     (<;) 

I  New   section.    By  Act  of  1S77.  St.  Louis  count.v  was  taken  out  of  the  ElKlith  circuit.  I 

Sec.  2,T.  St.  Louis  subordinate  a,s  other  cities  and  counties. — Notwithstanding 
the  provisions  of  this  article,  the  General  Assembly  shall  have  the  same  power  over 
the  city  and  county  of  St.  Louis  that  it  has  over  other  cities  and  counties  of  this 
State.     I  h ) 

(New  section.! 

ARTICLE  X. 
REVENUE  AND  TAXATION.* 

Section  1 .  Ta.vine  power,  how  evercised.^The  taxing  power  may  be  exercised 
by  the  General  Assembly  for  State  purposes,  and  by  counties  and  other  municipal 
cori)orations,  under  authority  granted  to  them  by  the  General  Assembly,  for  county 
and  other  corporate  purposes. 

[New  section.] 

Sec.  2.  Power  to  ta.\  corporations  not  to  !)<•  surrcndcn-d. — The  power  to  tax 
cori)orations  and  corporate  property  shall  not  be  surrendered  or  suspended  by  act  of 
the  General  Assembly. 

(New  91'ctlon.l 

Sec.  3.  Ta.\es  for  public  purposes  must  In-  uniform. — Taxes  may  be  levied 
and  collected  for  public  iiiir|>nses  only.  They  shall  be  uniform  upon  the  same  class 
of  subjects  within  the  territorial  limits  of  the  authority  levying  the  tax,  and  all  taxes 
shall  be  levied  and  collected  by  general  laws. 

[New  section] 

Sec.  4.  Ta.\rs  In  proportion  to  value. — All  property  subject  to  taxation  shall 
be  taxed  in  proportion  to  its  value. 

(Const.   lS6a.  Art.  1.  Sec.  30.1 

See  note  to  Charter,  Art.  XVI.  Sec.  19. 

For   full    discussion   and   reference   to   authorities    upon    this    '  -    note 

I 'ti^i.l.  rations  on  the  Charter")  Introductory  to  the  Charter.  As  to  power 
'  t.'  and  cases  to  Art.  V.  Sec.  I  of  the  C!harter. 
1  .11  .<  .-^t.ite  ex  rel.  vs.  Wal."li.  i">i>  Mo.  ids.  111;  State  ex  rel.  vs.  Lauehlln.  75 
Mo.  117.  .S.-,-  111.40  In  connection  herewith  note  Introductory  to  charter,  (paraprraphs 
"Transfer  of  countv  functions"  and  "In  how  far  the  cltv  Is  to  t>e  treated  as  a  county.") 
(<>■>  State  ex  rel.  vs.  Ky.  Co..  l.-ll  Mo.  ir.2.  IS2;  State  ex  rel.  vs.  Walsh.  G»  Mo.  (OS. 
411;  State  ex  rel.  vs.  Walton.  69  Mo.  B56.  And  see  further  discussion  and  cases  cited  In 
the   note    Introductorj-    to   charter. 

•Amendments  proposed  to  be  submitted  at  election  In  1908.      (Laws  1907.  p.  460.) 


it) 

(/) 

Cli. 

■II,  r. 

..f  t 

.L  \  :  r 

52  CONSTITUTION    OF   THE    STATK    OF   MISSOURI.  [ART.   X. 

Sec.  5.  Railway  corporations,  taxed  for  what  purposes. — All  railroad  corpora- 
tions in  this  State,  or  doing  business  therein,  shall  he  subject  to  taxation  for  State, 
county,  school,  municipal  and  other  purposes,  on  the  real  and  personal  projierty 
owned  or  used  by  them,  and  on  their  gross  earnings,  their  net  earni-ngs,  their  fran- 
chises and  their  capital  stock. 

[New  section.] 

Sec.  6.  Property  e.\enipt  from  taxation. — The  property,  real  and  personal,  of 
the  State,  counties  and  other  municipal  corporations,  and  cemeteries,  shall  be  exempt 
from  taxation.  Lots  in  incorporated  cities  or  towns,  or  within  one  mile  of  the  limits 
of  any  such  city  or  town,  to  the  extent  of  one  acre,  and  lots  one  mile  or  more  distant 
from  such  cities  or  towns,  to  the  extent  of  five  acres,  with  the  buildings  thereon, 
may  be  exempted  from  taxation,  when  the  same  are  used  exclusively  for  religious 
worship,  for  schools,  or  for  purposes  purely  charitable;  also,  such  property,  real  or 
personal,  as  may  be  used  exclusively  for  agricultural  or  horticultural  societies:  Pro- 
vided. That  such  exemptions  shall  be  only  by  general  law. 

[The  Const.  1S65,  exempted  property  belonging  to  the  U.  S.,  the  State,  counties 
and  municipal  corporations  and  public  school  property.  Art.  XI,  Sec.  16.  See  Art.  XIV, 
Sec.  1.] 

Sec.  7.  Other  exemptions  void. — All  laws  exempting  property  from  taxation, 
other  than  the  property  above  enumerated,  shall  be  void. 

[New  section.] 

Sec.  8.  Rate  for  State  pui-poses. — The  State  tax  on  property,  exclusive  of  the 
tax  necessary  to  pay  the  bonded  debt  of  the  State,  shall  not  exceed  twenty  cents  on 
the  hundred  dollars  valuation;  and  whenever  the  taxable  property  of  the  State  shall 
amount  to  nine  hundred  million  dollars,  the  rate  shall  not  exceed  fifteen  cents. 

[New  section.     Rate  reduced  to  15  cents  in   1895.] 

Sec.  9.  Liability  of  municipalities — no  commutation. — Xo  county,  city,  town 
or  other  municipal  corporation,  nor  the  inhabitants  thereof,  nor  the  property  therein, 
shall  be  released  or  discharged  from  their  or  its  proportionate  share  of  taxes  to  be 
levied  for  State  purposes,  nor  shall  commutation  for  such  taxes  be  authorized  in  any 
form  whatsoever. 

[New   section.] 

Sec.  10.  General  Assembly  shall  not  tax  municipalities,  when. — The  General 
Assembly  shall  not  impose  taxes  upon  counties,  cities,  towns  or  other  municipal  cor- 
porations or  upon  the  inhabitants  or  property  thereof,  for  county,  city,  town  or  other 
municipal  purposes,  but  may,  by  general  laws,  vest  in  the  corporate  authorities  thereof 
the  power  to  assess  and  collect  taxes  for  such  purposes. 

[New  section.] 

Sec.  1 1 .  RiJtes  for  local  purposes — limits — how  increased  for  schools  and 
erecting  public  buildings. — Taxes  for  county,  city,  town  and  school  purposes  may 
be  levied  on  all  subjects  and  objects  of  taxation;  but  the  valuation  of  property  there- 
for shall  not  exceed  the  valuation  of  the  same  property  in  such  town,  city  or  school 
district  tor  State  and  county  purposes.  For  county  purposes  the  annual  rate  on 
property,  in  counties  having  six  million  dollars  or  less,  shall  not,  in  the  aggregate, 
exceed  fifty  cents  on  the  hundred  dollars  valuation;  in  counties  having  six  million 
dollars  and  under  ten  million  dollars,  said  rate  shall  not  exceed  forty  cents  on  the 
hundred  dollars  valuation;  in  counties  having  ten  million  dollars  and  under  thirty 
million  dollars,  said  rate  shall  not  exceed  fifty  cents  on  the  hundred  dollars  valua- 
tion; and  in  counties  having  thirty  million  dollars  or  more,  said  rate  shall  not  exceed 
thirty-five  cents  on  the  hundred  dollars  valuation.  For  city  and  town  purposes  the 
annual  rate  on  property  in  cities  and  towns  having  thirty  thousand  inhabitants  or 
more  shall  not,  in  the  aggregate,  exceed  one  hundred  cents  on  the  hundred  dollars 
valuation;  in  cities  and  towns  having  less  than  thirty  thousand  and  over  ten  thousand 
inhabitants,  said  rate  shall  not  exceed  sixty  cents  on  the  hundred  dollars  valuation; 
in  cities  and  towns  having  less  than  ten  thousand  and  more  than  one  thousand  in- 
habitants, said  rate  shall  not  exceed  fifty  cents  on  the  hundred  dollars  valuation; 
and  in  towns  having  one  thousand  inhabitants  or  less,  said  rate  shall  not  exceed 
twenty-five  cents  on  the  hundred  dollars  valuation.  For  school  purposes  in  districts 
composed  of  cities  which  have  one  hundred  thousand  inhabitants  or  more,  the  annual 
rate  on  property  shall  not  exceed  sixty  cents  on  the  hundred  dollars  valuation,  and 
in  other  districts  forty  cents  on  the  hundred  dollars  valuation:  Provided.  The  afore- 
said annual  rates  for  school  purposes  may  be  increased,  in  districts  formed  of  cities 
and  towns  to  an  amount  not  to  exceed  one  dollar  on  the  hundred  dollars  valuation, 
and  in  other  districts  to  an  amount  not  to  exceed  sixty-five  cents  on  the  hundred 
dollars  valuation,  on  the  condition  that  a  majority  of  the  voters  who  are  taxpayers, 
voting  at  an  election  held  to  decide  the  question,  vote  for  said  increase.  For  the  pur- 
pose of  erecting  public  buildings  in  counties,  cities  or  school  districts,  the  rates  of 
taxation  herein  limited  may  be  increased  when  the  rate  of  such  increase  and  the  pur- 
pose for  which  it  is  intended  shall  have  been  submitted  to  a  vote  of  the  people,  and 
two-thirds  of  the  qualified  voters  of  such  county,  city,  or  school  district,  voting  at 
such  election,  shall  vote  therefor.     The  rate  herein  allowed  to  each  county  shall  be 


AHT.  X.]  CONSTITUTION  OV  THE  STATIC  OF  MISSOURI.  53 

ascertained  by  the  amount  of  taxable  property  therein,  according  to  the  last  assess- 
ment for  State  and  county  purposes,  and  the  rate  allowed  to  each  city  or  town  by 
the  number  of  inhabitants,  according  to  the  last  census  taken  under  the  authority  of 
the  State,  or  of  the  United  States;  said  restrictions  as  to  rates  shall  apply  to  taxes  of 
every  kind  and  description,  whether  general  or  special,  except  taxes  to  pay  valid 
indebtedness  now  existing,  or  bonds  which  may  be  issued  in  renewal  of  such  indebt- 
edness; I'roiitled.  That  the  city  of  St.  Louis  may  levy  for  municipal  purposes,  in 
addition  to  the  municipal  rate  of  taxation  above  provided,  a  rate  not  exceeding  the 
rate    which    would    be    allowed    for    county    purposes    if    said    city    were    part  of  a 

county,     (i) 

[New  section.     Section  as  amended   (2  amendments)   adopted  in   1902.] 

Sec.  Ua.  S|H'cial  road  tiix  levy  authorized. — In  addition  to  taxes  authorized 
to  be  levied  for  county  purposes  under  and  by  virtue  of  section  eleven,  article  10  of 
the  Constitution  of  this  State,  the  county  court  in  the  several  counties  of  this  State 
not  under  township  organization,  and  the  township  board  of  directors  in  the  several 
counties  under  township  organization,  may  in  their  discretion,  levy  and  collect  a 
special  tax  not  exceeding  fifteen  cents  on  each  one  hundred  dollars  valuation,  to  be 
\ised  for  road  and  bridge  purposes,  but  for  no  other  purpose  wliatever;  and  the  power 
hereby  given  said  county  courts  and  township  boards  is  declared  to  be  a  discretionary 
power.  This  constitutional  amendment  shall  not  apply  to  the  cities  of  St.  Louis, 
Kansas  City  and  St.  Joseph.     (;) 

(New   section;  adopted  in   1900.] 

Sec.  12.  >lunici|ml  indebtedness,  limit  of. — No  county,  city,  town,  township, 
school  district  or  other  political  corporation  or  subdivision  of  the  State,  shall  be  al- 
lowed to  become  indebted  in  any  manner  or  for  any  purpose  to  an  amount  exceeding 
in  any  year  the  income  and  revenue  provided  for  such  year,  without  the  assent  of 
two-tlilr'ds  of  the  voters  thereof  voting  at  an  election  to  be  held  for  that  purpose; 
nor  in  cases  requiring  such  assent  shall  any  indebtedness  be  allowed  to  be  incurred 
to  an  amount  including  existing  indebtedness,  in  the  aggregate  exceeding  five  per 
centum  on  the  value  of  the  taxable  property  therein,  to  be  ascertained  by  the  assess- 
ment next  before  the  last  assessment  for  State  and  county  purposes,  previous  to  the 
Incurring  of  such  indebtedness;  Provided.  That  with  such  assent  any  county  may  be 
allowed  to  become  indebted  to  a  larger  amount  for  the  erection  of  a  court  house  or 
jail,  or  for  the  grading,  constructing,  paving  or  maintaining  of  paved,  graveled,  ma- 
cadamized or  rock  roads  and  necessary  bridges  and  culverts  therein;  and  provided, 
turthvr.  That  any  county,  city,  town,  township,  school  district  or  other  political  cor- 
I)oration  or  subdivision  of  the  State,  incurring  any  indebtedness,  requiring  the  assent 
of  the  voters  as  aforesaid,  shall,  before  or  at  the  time  of  doing  so,  provide  for  the  col- 
lection of  an  annual  tax  sufficient  to  pay  the  interest  on  such  indebtedness  as  it  falls 
due.  and  also  to  constitute  a  sinking  fund  for  payment  of  the  principal  thereof,  within 
twenty  years  from  the  time  of  contracting  the  same;  Provided,  further.  That  the 
provisions  of  this  section  shall  not  apply  to  counties  having  cities  that  now  have  or 
which  may  hereafter  have,  one  hundred  thousand  or  more  inhabitants:  nor  to  cities 
that  now  have  or  may  hereafter  have  over  three  hundred  thousand  inhabitants; 
[Provided,  That  in  the  city  of  St.  Louis  the  amount  of  bonds  now  aggregating  $(!. II  l.OoO 
that  being  the  amount  assumed  by  said  city  in  the  scheme  of  separation  from  the 
county  of  St.  Louis,  and  the  sum  of  $,5,808,000,  heretofore,  prior  to  January  1,  1901, 
expended  in  the  construction  of  waterworks  for  the  city  of  St.  Louis,  and  any  bonds 
which  may  be  hereafter  issued  by  said  city  in  the  construction  and  improvement  of 
waterworks,  the  payment  of  the  interest  whereon  and  the  principal  whereof  shall  be 
provided  from  the  revenue  of  said  waterworks;  that  is  to  say,  the  amount  of  said 
bonds  which  shall  be  outstanding  at  any  time  shall  not  be  included  in  the  computa- 
tion of  the  existing  bonded  indebtedness  in  determining  the  amoiml  of  bonds  author- 
ized to  be  issued  by  said  city  with  the  assent  of  two-thirds  of  the  voters  under  the 
provisions  of  this  article,  but  said  city  shall  be  authorized  at  any  time  to  issue  bonds 
with  the  assent  aforesaid,  to  an  amount  including  the  outstanding  indebtedness  other 
than  that  above  named,  to  the  amount  of  five  per  cent,  of  the  value  of  the  taxable 
proiKTty  in  said  city,  to  be  ascertained  as  above  provided,  and  said  city  shall  have 
power,  with  such  assent  of  the  voters,  to  issue  bonds  for  the  construction  and  im- 
provement of  waterworks,  the  interest  whereon  and  the  principal  whereof  shall  bo 
provided  for  from  the  income  of  said  waterworks.  Said  city  shall  establish  a  sinking 
fund  for  the  payment  of  the  bonds  so  authorized  according  to  the  time  fixed  for  the 
maturity  of  the  same;  Provided,  further,  that  in  the  city  of  Kansas  City,  the  amount 
of  bonds  issued  by  said  city,  bearing  date  July  1.  189.5,  for  acquiring  waterworks  and 
all  bonds  hereafter  issued  in  renewal  of  said  bonds  or  any  portion  thereof  shall  not 
be  included  in  the  computation  of  the  existing  bonded   indebtedness  of  said  city  in 


(»•)       See  note  to  Art.  V.  Sec.  1  of  the  Charter  ;i  1  of  the 

Charter. 

'/>  This  section  Is  void,  because  In  conflict  with  the  Hth  amendment  of  the  U. 
S.  Constitution:      State  .x  rel    va    Hiillwiiv    10;'.  Mo    228. 


54 


CONSTITUTION   OF   THE    STATE   OF    MISSOURI.  [ART.    X. 


determining  the  amount  of  bonds  authorized  to  be  issued  by  said  city,  with  the  assent 
of  two-thirds  of  the  voters  under  the  provisions  of  this  article,  but  said  city  shall  be 
authorized  at  any  time  to  issue  bonds  with  the  assent  aforesaid  to  an  amount  includ- 
ing outstanding  indebtedness,  other  than  that  above  named,  to  the  amount  of 
five  per  centum  of  the  value  of  the  taxable  property  in  said  city  to  be  ascertained 
as  above  specified :  And  provided  further,  Tha.t  the  corporate  authorities  of  the  city 
of  St.  Louis  are  hereby  authorized  to  issue  interest  bearing  bonds  of  said  city  in  the 
amount  of  five  million  dollars,  at  a  rate  of  interest  not  to  exceed  four  per  cent,  per 
annum,  the  principal  payable  within  thirty  years  from  the  date  of  their  issue,  and  the 
proceeds  thereof  shall  be  paid  to  the  corporation  organized  tor  the  celebration  of  the 
Louisiana  Purchase  Centennial  in  said  city,  to  be  used  by  said  corporation  for  said 
celebration,  in  holding  a  World's  Fair  or  Exposition  in  said  city.  And  said  corporate 
authorities' of  St.  Louis  shall  be  repaid  as  large  a  proportionate  amount  of  the  aid 
given  by  them  as  shall  be  repaid  to  the  stockholders  of  said  corporation  on  the  sum 
subscribed  and  paid  by  them,  and  any  surplus  remaining  from  the  assets  of  said  cor- 
poration after  said  stockholders  and  said  city  shall  have  been  paid  in  full,  shall  be 
divided  between  said  stockholders  and  said  city  in  proportion  to  the  aggregate  amount 
of  said  stock  so  paid  in  and  the  amount  so  loaned  by  said  city;  and  any  amount 
so  received  by  said  city  from  said  corporation  shall  be  paid  into  the  sinking  fund  of 
said  city  for  the  redemption  of  its  outstanding  bonds;  Provided,  That  if  at  the  elec- 
tion for  the  adoption  of  this  amendment  to  the  Constitution  a  majority  of  liie  votes 
cast  within  the  limits  of  said  city  of  St.  Louis  voting  for  and  against  this  amend- 
ment, shall  be  against  its  adoption,  then  no  bonds  shall  be  issued  under  this  amend- 
ment: And  provided,  further.  That  no  such  indebtedness  so  created  shall  be-in  any 
part  thereof  paid  by  the  State  or  from  any  State  revenue,  tax  or  fund,  but  the  same 
shall  be  paid  by  the  city  of  St.  Louis  alone.]      (fc) 

[New  section.  IST.^i,  Section  wa.s  ;uncnded  in  1900,  again  in  1902  and  again  in  11)0K,| 
Sec.  12a.  Id.  For  Hatcrwoik.s,  etc.,  in  city  of  30,000  and  not  Ic-.ss  than  2,000 
— Any  city  in  this  State  containing  not  more  than  thirty  thousand  (30,000)  nor  less 
than  "two  thousand  (2,000)  inhabitants,  may,  with  the  assent  of  two-thirds  of  the 
voters  thereof  voting  at  an  election  to  be  held  for  that  purpose  be  allowed  to  become 
indebted  in  a  larger  amount  than  specified  in  section  twelve  of  article  ten  (X)  of  the 
Constitution  of  this  State,  not  exceeding  an  additional  five  (5)  per  centum  on  the 
value  of  the  taxable  property  therein,  for  the  purpose  of  purchasing  or  constructing 
waterworks,  electric  or  other  light  plants,  to  be  owned  exclusively  by  the  city  so  pur- 
chasing or  constructing  the  same;  Provided.  That  any  such  city  incurring  any  such 
indebtedness  requiring  the  assent  of  the  voters  as  aforesaid,  shall  have  the  power  to 
provide  for,  and,  before  or  at  the  time  of  incurring  such  indebtedness,  shall  provide 
for  the  collection  of  an  annual  tax  in  addition  to  the  other  taxes  provided  for  by  this 
Constitution,  sufficient  to  pay  the  interest  on  such  indebtedness  as  it  falls  due.  and 
also  to  constitute  a  sinking  fund  for  the  payment  of  the  principal  thereof,  within 
twenty  years  from  the  time  of  contracting  the  same,  any  provision  in  this  Constitu- 
tion to  the  contrary  notwithstanding.  (M 
[Section  adopted  in  1902.] 

Sec.    13.      Private   property  not  to  be   sold   for  corporate   debt. — The   private 
property   shall   not  be   taken   or  sold   for   the   payment   of   the   corporate   debt   of   a 
municipal  corporation. 
[New   section.] 

Sec.  14.  Ordinance  180.5,  abolislied — payment  of  State  debt. — The  tax  au- 
thorized by  the  sixth  section  of  the  ordinance  adopted  June  sixth,  one  thousand  eight 
hundred  and  sixty-five,  is  hereby  abolished,  and  hereafter  there  shall  be  levied  and 
collected  an  annual  tax  sufficient  to  pay  the  accruing  interest  upon  the  bonded  debt 
of  the  State,  and  to  reduce  the  princiiial  thereof  each  year  by  a  sum  not  less  than  two 
hundred  and  fifty  thousand  dollars;  the  proceeds  of  which  tax  shall  be  paid  into  the 
State  treasury,  and  appropriated  and  paid  out  for  the  purposes  expressed  in  the  first 
and  second  subdivisions  of  section  forty-three  of  Article  IV  of  this  Constitution.  The 
funds  and  resources  now  in  the  State  interest  and  State  sinking  funds  shall  be  ap- 
propriated to  the  same  purposes;  and  whenever  said  bonded  debt  is  extinguished,  or  a 
sum  sufficient  therefor  has  been  raised,  the  tax  provided  for  in  this  section  shall 
cease  to  be  assessed. 
[New  section.] 

(k)  See  note  to  Charter.  Art.  III.  Sec.  2(5,  clause  1.  and  notes  to  Art.  V.  Sinkin,!? 
fund  to  pay  city  bonds,  see  Charter  Art.  XIV.  It  is  to  be  observed  tliat  in  tile  resolution 
.submitting  the  amendment  to  be  adopted  in  November,  1906,  that  portion  added  by  the 
amendment  adopted  in  1902,  (indicated  by  enclosure  in  brackets  above)  was  omitted 
altogether.  The  amendment  in  ISOG  added  the  portion  between  the  words  "jail"  and 
the  next  "and  provided  further."  to  the  original  section,  without  noticing  the  inter- 
vening amendment  In  1902  which  had  added  that  part  referring  to  St.  Louis  and  Kansas 
City.  See  resolution  set  forth  in  Session  Laws  1905,  p.  309-310.  See  State  ex  rel.  vs. 
Allen,  183  Mo.  283. 

(I)  See  State  ex  rel.  vs.  Wilder,  197  Mo.  1.  Proposed  amendment  to  be  voted  on 
In  1908  (Laws  1907,  p.  454.)  A  new  sec.  12b  is  to  be  submitted  at  same  time  (ib.  p.  453). 
Increasing  the  limit  ot  Indebtedness  in  cities  over  100.000. 


.^HT    X.  I  CONSTITVTION    OF  TlllC   STATK   OF   MlSSOUUl.  50 

Sec.  15.  l>eposit  of  State  funds  by  treiisufcr — how  «lisliursccl. — All  moneys 
now.  or  at  any  time  lieroafter.  in  the  State  treasury,  beloiigins  lo  the  State,  shall,  im- 
mediately on  receipt  thereof,  be  deposited  by  the  Treasurer  lo  the  credit  of  the  State 
for  the  honelil  of  the  funds  to  which  they  respectively  belong,  in  siich  bank  or  banks 
as  he  may.  from  time  to  time,  with  the  approval  of  the  Governor  and  Attorne.v- 
tteneral.  select,  the  said  bank  or  banks  giving  security,  satisfactory  to  the  Governor 
and  Attorney-General,  for  the  safe  keeping  and  payment  of  such  deposit,  when  de- 
manded by  the  State  Treasurer  on  his  check — such  bank  to  pay  a  bonus  for  the 
use  of  sucii  deposits  not  less  than  the  bonus  paid  by  other  banks  for  similar  deposits; 
and  the  same,  together  with  such  interest  and  profits  as  may  accrue  thereon,  shall  be 
disbursed  by  said  Treasurer  for  the  purposes  of  the  State,  according  to  law,  upon  war- 
rants drawn  by  the  State  Auditor,  and  not  otherwise. 

(NfW   section.] 

i?ec.  16.  Treasurer's  account. — The  Treasurer  shall  keep  a  separate  account 
of  the  funds,  and  the  number  and  amount  of  warrants  received,  and  from  whom:  and 
shall  i)ublish.  in  such  manner  as  the  Governor  may  designate,  quarterly  statements, 
showing  the  amount  of  State  moneys  and  where  the  same  are  kept  or  deposited. 

INuw  .siition.l 

See.  17.  tH'lUer  not  to  speculate  in  public  funds — felony. — The  making  of 
profit  out  of  State,  county,  city,  town  or  school  district  money,  or  using  the  same  for 
any  purpose  not  authorized  by  law,  by  any  public  officer,  shall  be  deemed  a  felony, 
and  shall  be  punished  as  provided  by  law. 

|Niw  sc-otlon.l 

Sec.  18.  State  Board  of  Equalization — members. — There  shall  be  a  State 
Board  of  Equalization,  consisting  of  the  Governor,  State  .\udltor.  State  Treasurer. 
Secretary  of  State  and  Attorney-General.  The  duty  of  said  board  shall  be  to  adjust 
and  equalize  the  valuation  of  real  and  personal  property  among  the  several  coimties  in 
the  Stale,  and  it  shall  perform  such  other  duties  as  are  or  may  be  presecribed  by  law. 

(New   section.  I 

Sec.  19.  Money  to  be  paid  as  appropriated — limit — bow,  continued — receipts 
nnd  e\pi>nditures. — No  moneys  shall  ever  be  paid  out  of  the  treasury  of  this  State, 
or  any  nf  the  funds  under  its  management  except  in  pursuance  of  an  api)ropriatioii 
by  law;  nor  unless  such  payment  be  made,  or  a  warrant  shall  have  issued  therefor. 
within  two  years  after  the  passage  of  such  api)ropriation  act;  and  every  such  law, 
making  a  new  appropriation,  or  continuing  or  reviving  an  appro|)riation,  shall  dis- 
tinctly specify  the  sum  appropriated,  and  the  object  to  which  it  is  to  be  applied: 
and  it  shall  not  be  sufficient  to  refer  to  any  other  law  to  fix  such  sum  or  object.  A 
regular  statement  and  account  of  the  receipts  and  expenditures  of  all  public  money 
ahall  be  published  from  time  to  time. 

[Now  except  first   clause.    Const.   1S65,  Art.   XI.  Sec.   6.) 

Sec.  20.  Money  from  loans — bow  applied. — -The  moneys  arising  from  any 
loan,  debt  or  liability,  contracted  by  the  State,  or  any  county,  city,  town  or  other 
municipal  corporation,  shall  be  applied  to  the  purposes  for  which  they  were  obtained. 
or  to  the  payment  of  such  debt  or  liability,  and  not  otherwise. 

(New  section.) 

Sec.  21.  Corporations — fees  to  be  paid  when  incorporated. — N'o  corporation, 
company  or  association,  other  than  those  formed  for  benevolent,  religious,  scientific 
or  educational  purposes,  shall  be  created  or  organized  under  the  laws  of  this  State, 
unless  the  persons  named  as  corporators  shall,  at  or  before  the  filing  of  the  articles  of 
ass(x;iation  or  incorporation,  pay  into  the  State  treasury  fifty  dollars  for  the  first  fifty 
thousand  dollars  or  less  of  capital  stock,  and  a  further  sum  of  five  dollars  for  every 
additional  ten  thousand  dollars  of  its  capital  stock.  And  no  such  corporation,  com- 
pany or  association  shall  increase  Its  capital  stock  without  first  paying  into  the 
treasury  Ave  dollars  for  every  ten  thousand  dollars  of  increase:  Pravidcd.  That 
nothing  contained  in  this  section  sball  be  construed  to  prohibit  the  General  Assembly 
from  levying  a  further  tax  on  the  franchises  of  such  corporation. 

(New  section] 

(Sectlon.1   2i  anil   2.1   were    ropealixl.l 

Sec.  26.  [221  Certiflcates  of  indebtedness  held  as  sacn-d  oblisalions — levy 
for  luij-nient  of  Interest. — All  certificates  of  indebtedness  of  the  Stale  to  the  "public 
srhnol  fimd"  and  to  the  "semlnai^-  fund"  are  hereby  confirmed  as  sacred  obligations 
of  the  State  to  said  funds  and  they  shall  be  renewed  as  they  mature  for  such  period 
of  tim*>  and  at  such  rate  of  interest  as  may  be  provided  tor  by  law.  The  General 
Assembly  shall  have  the  power  to  provide  by  law  for  the  Issuing  certificates  to  the 
public  school  fund  and  seminary  fund  as  the  money  belonging  to  said  funds  awcuma- 
lates  In  the  State  treasury:  Provided.  That  after  the  outstanding  bonded  indebted- 
ness has  been  extinguished,  all  money  accumulating  in  the  State  treasury  for  above 
named  purjioses  shall  be  Invested  In  registered  county,  municipal,  or  school  district 
bonds  of  this  State  of  not  less  than  par  value.  Whenever  the  State  bonded  debt  Is  ex- 
tinguished or  a  sum  sufficient  therefor  has  been  received,  there  shall  be  levied  and 
collected  la  lieu  of  the  tea  cents  on  the  one  hundred  dollars  valuation  now  provided 

■Amcndrnont  propoaed  to  be  voted  on  at  oloctlon  of  1908.  concerning  lc%'y  of  tax  far 
roado.  vtc 


56  CONSTITUTION   OF   THE   STATE   OF   MISSOURI.  [ART.   XI. 

for  by  the  Statutes,  an  annual  tax  not  to  exceed  three  cents  on  the  one  hundred 
dollars  valuation  to  pay  the  accruing  interest  on  all  the  cerificates  of  indebtedness, 
the  proceeds  of  which  tax  shall  be  paid  into  the  State  treasury  and  appropriated  and 
paid  out  for  the  specific  purposes  herein  mentioned. 

[Section  adopted  in  1902.] 

[Section   27. •] 

ARTICLE  XI. 

EDUCATION.** 

Section  1.  Free  schools — school  ages. — A  general  diffusion  of  knowledge  and 
intelligence  being  essential  to  the  preservation  of  the  rights  and  liberties  of  the  peo- 
ple, the  General  Assembly  shall  establish  and  maintain  free  public  schools  for  the 
gratuitous  instruction  of  all  persons  in  this  State  between  the  ages  of  six  and  twenty 
years. 

[Const.  1865.  Art.   9.  Sec.  1.  modified.] 

Sec.  2.  School  funds,  how  disbursed — what  districts  entitled  to. — The  Income 
of  all  funds  provided  by  the  State  for  the  support  of  fiee  public  schools  shall  be  paid 
annually  to  the  several  county  treasurers,  to  be  disbursed  according  to  law;  but  no 
school  district,  in  which  a  free  public  school  has  not  been  maintained  at  least  three 
months  during  the  year  for  which  the  distribution  is  made,  shall  be  entitled  to  re- 
ceive any  portion  of  such  funds. 

[See  Const.   18i35,  Art.   9.  Sec.  ?.] 

Sec.  3.  Colored  children,  separate  schools  for. — Separate  free  public  schools 
shall  be  established  for  the  education  of  children  of  African  descent. 

[Const.  1865,  Art.  9,  Sec.  2.] 

Sec.  4.  Board  of  education. — The  supervision  of  instruction  in  the  public 
schools  shall  be  vested  in  a  "Board  of  Education,"  whose  powers  and  duties  shall  be 
prescribed  by  law.  The  Superintendent  of  Public  Schools  shall  be  president  of  the 
Board.  The  Governor.  Secretary  of  State  and  Attorney-General  shall  be  ex  officio 
members,  and.  with  the  Superintendent,  compose  said  Board  of  Education. 

[Const.   1S65.  Art.   9.  Sec.   3.  modified.] 

Sec.  5.  State  University — curators. — The  General  Assembly  shall  whenever 
the  Public  School  fund  will  permit  and  the  actual  necessity  of  the  same  may  require, 
aid  and  maintain  the  State  University,  now  established,  with  its  present  departments. 
The  government  of  the  State  University  shall  be  vested  in  a  Board  of  Curators,  to 
consist  of  nine  members,  to  be  appointed  by  the  Governor,  by  and  with  advice  and 
consent  of  the  Senate. 

[See  Const.   1S65,  Art.   9,  Sec.  4.] 

Sec.  6.  Public  school  fund,  from  whence  derived,  not  to  be  diverted. — The 
proceeds  of  all  lands  that  have  been  or  hereafter  may  be  granted  by  the  United 
States  to  this  State,  and  not  otherwise  appropriated  by  this  State  or  the  United  States; 
also,  all  moneys,  stocks,  bonds,  lands  and  other  property  now  belonging  to  any  State 
fund  for  purposes  of  education;  also,  the  net  proceeds  of  all  sales  of  lands  and 
other  property  and  effect  that  may  accrue  to  the  State  by  escheat,  from  unclaimed 
dividends  and  distributive  shares  of  the  estates  of  deceased  persons;  also,  any  pro- 
ceeds of  the  sales  of  the  public  lands  which  may  have  been  or  hereafter  may  be  paid 
over  to  this  State  (if  Congress  will  consent  to  such  appropriation);  also,  all  other 
grants,  gifts  or  devises  that  have  been  or  hereafter  may  be  made  to  this  State,  and 
not  otherwise  appropriated  by  the  State  or  the  terms  of  the  grant,  gift  or  devise, 
shall  be  paid  into  the  State  treasury,  and  securely  invested  and  sacredly  preserved 
as  a  Public  School  fund;  the  annual  income  of  which  fund,  together  with  so  much  of 
the  ordinary  revenue  of  the  State  as  may  be  by  law  set  apart  for  that  purpose,  shall 
be  faithfully  appropriated  for  establishing  and  maintaining  the  free  public  schools 
and  the  State  University  in  this  article  provided  for,  and  for  no  other  uses  or  pur- 
poses whatsoever. 

[See  Const.    1S65,  Art.   9,  Sec.   5.] 

Sec.  7.  Deficiency,  how  provided  for — niininiuni  from  State  revenue. — In 
case  the  Public  School  fund  now  provided  and  set  apart  by  law.  for  the  support  of 
free  public  schools,  shall  be  insufficient  to  sustain  a  free  school  at  least  four  months 
in  every  year  in  each  school  district  in  this  State,  the  General  Assembly  may  pro- 
vide for  such  deficiency  in  accordance  with  section  eleven  of  the  article  on  revenue 
and  taxation;  but  in  no  case  shall  there  be  set  apart  less  than  twenty-five  per  cent, 
of  the  State  revenue,  exclusive  of  the  interest  and  sinking  fund,  to  be  applied  an- 
nually to  the  support  of  the  public  schools. 

[Const.   1S65,  Art.  9,  Sec.  S,  modified.] 

Sec.  8.  County  school  fund,  whence  derived. — All  moneys,  stocks,  bonds, 
lands  and  other  property  belonging  to  a  county  school  fund,  also  the  net  proceeds 
from  the  sale  of  estrays,  also  the  clear  proceeds  of  all  penalties  and  forfeitures,  and 

•Proposed  ainendment  adding  sec.   27  to   be  voted  at  election  of  190S. 
"•See    Charter.    Art.    XIII    and    references    in    notes    thereto;    also    "Laws    Specially 
Applicable   to  St.   Louis"  herein,  sections  497-534,    (Chap.   27   thereof),  and   notes   thereto. 


ARTS.   XI,  XII.  1        CONSTITUTION   OF  THK  STATE  OF  MISSOURI.  57 

of  all  fines  collected  in  the  several  counties  for  any  breach  of  the  penal  or  military 
laws  of  the  State,  and  all  moneys  which  shall  be  paid  by  persons  as  an  equivalent 
for  exemption  from  military  duly,  shall  belong  to  and  be  securely  invested  and 
sacredly  preserved  in  the  several  counties  as  a  county  public  school  fund;  the  in- 
come of  which  fund  shall  be  faithfully  appropriated  for  establishing  and  maintain- 
ing free  public  schools  In  the  several  counties  of  this  State. 

(Const.   ISBS,  Art.   9,  Sec.   5,  with  adilitlons  ami  changes.] 

Sec.  9,  I'liblic  school  fund,  liou  invested. — No  part  of  the  public  school  fund 
of  the  State  shall  ever  be  invested  in  the  stock  or  bonds  or  other  obligations  of  any 
other  State,  or  of  any  county,  city,  town  or  corporation;  and  the  proceeds  of  the 
sales  of  any  lands  or  other  property  which  now  belong  or  may  hereafter  belon.g  to 
said  school  fund  shall  be  invested  in  the  bonds  of  the  State  of  Missouri,  or  of  the 
United  States. 

[UnJer  Const.  1S65.  Art.  9,  Sec.  6,  school  fund  could  only  be  invested  in  United 
States  bonds.] 

Sec.  10.  County  school  fund,  how  invested. — All  county  school  funds  shall 
be  loaned  only  upon  unencumbered  real  estate  security  of  double  the  value  of  the 
loan,  with  personal  security  in  addition  thereto. 

[Const.    ISCG.   Art.   9.  Sec.   6] 

Sec.  1 1 .  HeliKioiis  or  sectarian  schools — public  funds  not  to  l)e  paid  or  prop- 
erty (iranted  to. — Neither  the  General  Assembly  nor  any  county,  city,  town,  town- 
ship, school  district  or  other  municipal  corporation,  shall  ever  make  an  ai)propria- 
tlon  or  pay  from  any  public  fund  whatever,  anythin.g  in  aid  of  any  religious  creed, 
church  or  sectarian  purpose,  or  to  help  to  support  or  sustain  any  private  or  public 
school,  academy,  seminary,  college,  university  or  other  institution  of  learning,  con- 
trolled by  any  religious  creed,  church  or  sectarian  denomination  whatever;  nor  shall 
any  grant  or  donation  of  personal  property  or  real  estate  ever  be  made  by  the  State 
or  any  county,  city,  town  or  other  municipal  corporation,  for  any  religious  creed, 
church  or  sectarian  purpose  whatever. 

[New  section.] 

AUTICLK    XII.       ' 

CORPORATIONS. 

Section  1.  KxistinR  charters  or  grants  without  validity,  when. — All  existing 
charters  or  grants  of  siiecial  or  exclusive  privileges,  under  which  a  bona  fide  organi- 
zation shall  have  not  taken  place,  and  business  been  commenced  in  good  faith,  at 
the  adoption  of  this  Constitution,  shall  thereafter  have  no  validity. 

[New   section.] 

Sec.  2.  Not  to  be  created  by  special  laws. — No  corporation,  after  the  adoption 
of  this  Constitution,  shall  be  created  by  s|)ecial  laws;  nor  shall  any  existing  charter 
be  extended,  changed  or  amended  by  special  laws,  except  those  for  charitable,  penal 
or  reformatory  i)urposes,  which  are  under  the  |)atronage  and   control   of  the  State. 

[Sec  Const.  1S65.  Art.  7.  Sec.  4.] 

Sec.  3  Legislature  not  to  remit  forfeited  charters. — The  General  Assembly 
shall  not  remit  the  forfeiture  of  the  charter  of  any  corporation  now  existing,  or  alter 
or  amend  such  forfeited  charter,  or  pass  any  other  general  or  special  laws  for  the 
benefit  of  such  corporation. 

[New  section.] 

Sec.  4.  Eminent  domain,  rij-lit  of  .State  in  corporation  property — trial. — The 
exercise  of  the  power  and  right  of  eminent  domain  shall  never  be  so  construed  or 
abridged  as  to  prevent  the  taking,  by  the  General  Assembly,  of  the  property  and 
franchises  of  incorporated  companies  already  organized,  or  that  may  be  hereafter 
organized,  and  subjecting  them  to  the  public  use,  the  same  as  that  of  individuals. 
The  right  of  trial  by  jury  shall  be  held  inviolate  in  all  trials  of  claims  for  compen- 
sation, when  In  the  exercise  of  said  right  of  eminent  domain,  any  incorporated  com- 
pany shall  be  Interested  either  for  or  against  the  exercise  of  said  right. 

[New   section.] 

Sec.  5.  Police  power  of  the  State. — The  exercise  of  the  police  power  of  the 
State  shall  never  be  abridged,  or  so  construed  as  to  permit  corporations  to  conduct 
their  business  in  such  manner  as  to  infringe  the  equal  rights  of  individuals,  or  the 
general  well-being  of  the  State. 

[New  section.] 

Sec.  6.  Shareholders,  nunilx-r  of  votes  in  election  of  directors. — In  all  elec- 
tions for  directors  or  managers  of  any  incorporated  company,  each  shareholder  shall 
have  the  right  to  cast  as  many  votes  in  the  aggregate  as  shall  equal  the  number  of 
shares  so  held  by  him  or  her  in  said  company,  multiplied  by  the  number  of  directors 
or  managers  to  be  elected  at  such  election;  and  each  shareholder  may  cast  the  whole 
number  of  votes,  either  in  person  or  by  proxy  for  one  candidate,  or  distribute  such 
votes  among  two  or  more  candidates:  and  such  directors  or  managers  shall  not  be 
elected  in  any  other  manner. 

(New  section.) 


•  58  CONSTITUTION   OF  THE   STATE   OF  MISSOURI.  [ART.    XII. 

Sec.  7.      Coi'poration — business  limited  by  cliai'ter — power  to  Iiold  real  estate. 

—No  corporation  shall  en.^age  in  business  other  than  tliat  expressly  authorized  in 
its  charter  or  the  law  under  which  it  may  have  been  or  hereafter  may  be  organized, 
nor  shall  it  hold  any  real  estate  for  any  period  longer  than  six  years,  except  such  as 
may  be  necessary  and  proper  tor  carrying  on  its  legitimate  business. 

[New   section.] 

Sec.  8.  Stock  and  bonded  debt,  how  issued  or  increased. — Xo  corporation 
shall  issue  stock  or  bonds,  except  for  money  paid,  labor  done  or  property  actually 
received,  and  all  fictitious  increase  of  stock  or  indebtedness  shall  be  void.  The 
stock  and  bonded  indebtedness  of  corporations  shall  not  be  increased  except  in 
pursuance  of  general  law,  nor  without  the  consent  of  the  persons  holding  the  larger 
amount  in  value  of  the  stock  first  obtained  at  a  meeting  called  for  the  purpose,  first 
giving  sixty  days'  public  notice,  as  may  be  required  by  law. 

[New  section.] 

Sec.  9.  Stockholders,  extent  of  liability. — Dues  from  private  corporations 
shall  be  secured  by  such  means  as  may  be  prescribed  by  law,  but  in  no  case  shall 
any  stockholder  be  individually  liable  in  any  amount  over  or  above  the  amount  of 
stock  owned  by  liim  or  her. 

[Const.   186.5,  .\rt.   7,  Sec.   6.    Stockholder  liable  for  double  .imoimt  of  his  stock.] 

Sec.  10.  Preferred  stock,  how  issued. — No  corporation  shall  issue  preferred 
stock  without  the  consent  of  all  the  stockholders. 

[New  section.] 

Sec.  11.  Corporation  defined. — The  term  cori)oration,  as  used  in  this  article, 
shall  be  construed  to  include  all  joint  stock  companies  or  associations  having  any 
powers  or  privileges  not  possessed  by  individuals  or  partnerships. 

[New  section.] 

RAILRO.ADS. 

Sec.  12.  Discrimination  proliibited — commutation  tickets. — It  shall  not  be 
lawful  in  this  State  for  any  railway  company  to  charge  for  freight  or  passengers  a 
greater  amount,  for  the  transportation  of  the  same,  for  a  less  distance  than  the 
amount  charged  for  any  greater  distance;  and  suitable  laws  shall  be  passed  by 
the  General  Assembly  to  enforce  this  provision;  but  excursion  and  commutation 
tickets  may  be  issued  at  special  rates. 

[New  section.] 

Sec.  13.  May  construct  and  operate,  connect  and  intersect  otlier  lines — 
freight. — Any  railroad  corporation  or  association,  organized  for  the  purpose,  shall 
have  the  right  to  construct  and  operate  a  railroad  between  any  points  within  this 
State,  and  to  connect  at  the  State  line  with  railroads  of  other  states.  Every  rail- 
road company  shall  have  the  right,  with  its  road,  to  intersect,  connect  with  or  cross 
any  other  railroad,  and  shall  receive  and  transport  each  the  other's  passengers, 
tonnage  and  cars,  loaded  or  empty,  without  delay  or  discrimination. 

[New   section.] 

Sec,  14.  Railways  public  highways — laws  against  extortion,  etc. — Railways 
heretofore  constructed,  or  that  may  hereafter  be  constructed  in  this  State,  are 
hereby  declared  public  highways,  and  railroad  companies  common  carriers.  The 
General  Assembly  shall  pass  laws  to  correct  abuses  and  prevent  unjust  discrimina- 
tion and  extortion  in  the  rates  of  freight  and  passenger  tariffs  on  the  different 
railroads  in  this  State,  and  shall  from  time  to  time  pass  laws  establishing  reason- 
able maximum  rates  of  charges  for  the  transportation  of  passengers  and  freight  on 
said  railroads,  and  enforce  all  such  laws  by  adequate  penalties. 

[New  section.] 

Sec.  15.  Shall  have  jiublic  office,  keep  books — meetings  of  directors. — Every 
railroad  or  other  corporation,  organized  or  doing  business  in  this  State  under  the 
laws  or  authority  thereof,  shall  have  and  maintain  a  public  office  or  place  in  this 
State  tor  the  transaction  of  its  business,  where  transfers  of  stock  shall  be  made, 
and  where  shall  be  kept,  for  public  inspection,  books  in  which  shall  be  recorded 
the  amount  of  capital  stock  subscribed,  the  names  of  the  owners  of  the  stock,  the 
amounts  owned  by  them  respectively,  the  amount  of  stock  paid,  and  by  whom,  the 
transfer  of  said  stock,  with  the  date  of  transfer,  the  amount  of  its  assets  and  lia- 
bilities, and  the  names  and  places  of  residence  of  its  officers.  The  directors  of 
every  railroad  comi)any  shall  hold  one  meeting  annually  in  this  State,  public 
notice  of  which  shall  be  given  thirty  days  previously,  and  shall  report  annually  under 
oath,  to  the  State  Auditor,  or  some  officer  designated  by  law,  all  of  their  acts  and  do- 
ings, which  report  shall  include  such  matters  relating  to  railroads  as  may  be  pre- 
scribed by  law.  The  General  Assembly  shall  pass  laws  enforcing,  by  suitable  pen- 
alties, the  provisions  of  this  section. 

[New  section.] 

Sec.  16.  Property  sub.ject  to  execution — no  law  to  be  passed  exempting.- — 
The  rolling  stock  and  all  other  movable  property  belonging  to  any  railroad  company 
or  corporation  in  this  State  shall  be  considered  personal  property,  and  shall  be  liable 
to  execution  and  sale  in  the  same  manner  as  the  personal   property  of  individuals; 


AKT     XII.I  CDNSTITI'TION    OF  THIO   STATH   OK   Ml.SSOCia.  59 

aod  the  General  Assembly  shall  pass  no  law  exempting  any  such  property  from  exe- 
cutiun  and  sale. 

[New  s.Ttlon.] 

Sec.  17.  Shall  not  consolidato  with  paraMcI  lines. — No  railroad  or  other 
<-orporation,  or  the  lessees,  purchasers  or  managers  of  any  railroad  corporation  shall 
consolidate  the  stock,  property  or  franchises  of  such  corporation  with,  or  lease  or 
purchase  the  works  of  franchises  of,  or  in  any  way  control,  any  railroad  corporation 
Dwnins  or  having  under  its  control  a  parallel  or  competing  line;  nor  shall  any  officer 
iif  such  railroad  corporation  act  as  an  officer  of  any  other  railroad  corporation  owning 
■  ir  having  the  control  of  a  parallel  or  competing  line.  The  question  whether  railroads 
ire  parallel  or  competing  lines  shall,  when  demanded,  be  decided  by  a  jury,  as  in 
other  civil  issues. 

(N\'\v  section.] 

Sec.  IS.  Consoli«Ii«tii)n  witli  ioreisn  roinimnies. — If  any  railroad  company 
organized  under  the  laws  of  this  State  shall  consolidate,  by  sale  or  otherwise,  with 
any  railroad  company  organized  under  the  laws  of  any  other  state,  or  of  the  United 
States,  the  same  shall  not  thereby  become  a  foreign  corporation;  but  the  courts  of 
this  State  shall  retain  jurisdiction  in  all  matters  which  nuiy  arise,  as  if  said  consoli- 
dation had  not  taken  place.  In  no  case  shall  any  consolidation  take  place  except 
upon  public  notice  of  at  least  sixty  days  to  all  stockholders,  in  such  manner  as  may 
be  provided  by  law, 

(New  section.  I 

Sec.  19.  Laws  retrospective  or  in  aid  of  corporations  forbidden.  The  Gen- 
eral Assembly  shall  pass  no  law  for  the  benefit  of  a  railroad  or  other  corporations, 
or  any  individual  or  association  of  individuals,  retrospective  in  its  operation,  or  which 
Imposes  on  the  people  of  any  county  or  municipal  subdivision  of  the  State,  a  new  lia- 
bility In  respect  to  transactions  or  considerations  already  past. 

(New  section.] 

Sec.  20.  Street  railroad,  fnuicliise,  how  giantod. — No  law  shall  be  passed  by 
the  General  .\ssenibly  granting  the  right  to  construct  and  o|)erate  a  street  railroad 
within  any  city.  town,  village,  or  on  any  public  highway,  without  first  acquiring  the 
consent  of  the  local  authorities  having  control  of  the  street  or  highway  proposed  to 
be  occui)ied  by  such  street  railroad;  and  the  franchises  so  granted  shall  not  be 
transferred  without  similar  assent  first  obtained.     (  in  l 

I  New    S'M'tioIl.  J 

Sec.  21.  RAllroad  corporation,  iM-nefit  of  future  legislation. — No  railroad  cor- 
[Mjration  in  existence  at  the  time  of  the  adoi)tion  of  this  Constitution  shall  have  the 
benefit  of  any  future  legislation,  except  on  condition  of  conii)lete  acceptance  of  all 
the  provisions  of  this  Constitution  applicable  to  railroads. 

l.N'iw  .section.) 

Sec.  22.  OfHcer  of  railroa<l  not  to  be  interested  in  l>usine.ss. — No  president, 
director,  officer,  agent  or  eni|iloye  of  any  railroad  com])any  shall  be  interested,  direct- 
ly or  indirectly,  in  furnishing  material  or  supplies  to  such  comi)any,  or  in  the  business 
of  transiiortation  as  a  common  carrier  of  freight  or  i)assengers  over  the  works  owned. 
Iwased.  controlled  or  worked  by  such  company. 

(New    section.] 

Sec.  23.  Di.scriniination  In-tween  companies  and  individuals.-— No  discrimina- 
tion in  charges  or  facilities  in  transportation  shall  be  made  between  transportation 
ctimpanles  and  Individuals,  or  in  favor  of  either,  by  abatement,  drawback  or  other- 
wise; and  no  railroad  comiiany  or  any  lessee,  manager  or  employe  thereof,  shall  make 
any  preference  in  furnishing  cars  or  motive  power. 

(New  Section.] 

Sec.  24.  Free  posses,  (o-antinK  to  State  ofllcers,  forfi-iiure.  —  .No  railroad  or 
other  transportation  comi)any  shall  grant  free  i)asses  or  tickets,  or  passes  or  tickets 
lU  a  discount,  to  members  of  the  General  .\ssembly,  or  members  of  the  Board  of 
Kqualizaiion.  or  any  State,  or  county,  or  munici|)al  officers;  and  the  acceptance  of 
ouch  iiass  or  ticket,  by  a  member  of  the  General  .Assemblv.  or  any  such  officer,  shall 
be  a  forfeiture  of  his  office 

(New  section.  I 

BANK.s. 

Sec.  25.  State  banks  and  State  owning  st<i<k  in  corporations  forbidden. — No 
State  bank  shall  hereafter  be  created,  nor  shall  the  State  own  or  be  liable  for  any 
•  took  in  any  corporation,  or  joint  stock  company,  or  association  for  banking  purposes, 
now  created  or  hereafter  to  be  created. 

(See  Con.1t.    18i).i.   Art.   .f.  .'Sec.i.    1   nn.l   2.] 

Sec.  26.  Act  crealinR  hiuiks  to  be  Huhniitteil  to  the  people. — No  act  of  the 
General  Assembly  authorizing  or  creating  coriwrations  or  associations  with  banking 
powers  (except  banks  of  deposit  or  discount),  nor  amendments  thereto,  shall  go  Into 


'•i)     Seo  notation  of  ca«p!<  In  notra  to  Charter.  Art.  X.  and  aUo  roferencc*  to  IoeU- 
lallTe  acts  th.T.'  net  out. 


60  CONSTITUTION  OF  THE  STATE  OF  MISSOURI.    [ARTS.  XII.  XIII,  XIV. 

effect,  or  in  any  manner  be  enforced,  unless  the  same  shall  be  submitted  to  a  vote 
of  the  qualified  voters  of  the  State,  at  the  general  election  next  succeeding  the  passage 
of  the  same,  and  be  approved  by  a  majority  of  the  votes  cast  at  such  election. 

[See  Const.   1S65.  Art.   S.  Sees.   1  and  2.] 

Sec.  2  7.  Banks,  insolvent,  not  to  receive  deposits. — It  shall  be  a  crime,  the 
nature  and  punishment  of  which  shall  be  prescribed  by  law,  for  any  president,  di- 
rector, manager,  cashier  or  other  officer  of  any  banking  institution,  to  assent  to  the 
reception  of  deposits,  or  the  creation  of  debts  by  such  banking  institution,  after  he 
shall  have  had  knowledge  of  the  fact  that  it  is  insolvent,  or  in  failing  circumstances; 
and  any  such  officer,  agent  or  manager  shall  be  individually  responsible  for  such 
deposits  so  received,  and  all  such  debts  so  created  with  his  assent. 

[New   section.] 

ARTICLE  XIII. 

MILITIA. 

Section  1.  Military  duty,  persons  liable  to. — All  able-bodied  male  inhabitants 
of  this  State  between  the  ages  of  eighteen  and  forty-five  years,  who  are  citizens  of 
the  United  States,  or  have  declared  their  intention  to  become  such  citizens,  shall  be 
liable  to  military  duty  in  the  militia  of  this  State:  Provided.  That  no  person  who  is 
religiously  scrupulous  of  bearing  arms  can  be  compelled  to  do  so,  but  may  be  com- 
pelled to  pay  an  equivalent  tor  military  service,  in  such  manner  as  shall  be  pre- 
scribed by  law. 

[Proviso  new.     Const.   1865,  Art.  10,  Sec.  1.] 

Sec.  2.  Militia,  organization  of. — The  General  Assembly,  in  providing  for  the 
organization,  equipment  and  discipline  of  the  militia,  shall  conform,  as  nearly  as 
practicable,  to  the  regulations  for  the  government  of  the  armies  of  the  United  States. 

[New   section.] 

Sec.  3.  Officers,  election  of. — Each  company  and  regiment  shall  elect  its  own 
company  and  regimental  officers;  but  if  any  company  or  regiment  shall  neglect  to 
elect  such  officers  within  the  time  prescribed  by  law,  or  by  the  order  of  the  Governor, 
they  may  be  appointed  by  the  Governor. 

[Const.   1865,  Art.   10,   Sec.   3.] 

Sec.  4.  Companies,  infantry  and  cavalry  nia.v  be  formed. — Volunteer  com- 
panies of  infantry,  cavalry  and  artillery  may  be  formed  in  such  manner  and  under 
such  restrictions  as  may  be  provided  by  law. 

[New  section.] 

Sec.  5.  Forces,  privileged  from  arrest,  when. — The  volunteer  and  militia 
forces  shall  in  all  cases,  except  treason,  felony  and  breach  of  the  [leace,  be  jirivileged 
from  arrest  during  their  attendance  at  musters,  parades  and  elections,  and  in  going 
to  and  returning  from  the  same. 

[New  section.] 

Sec.  6.  Officers,  Governor  shall  appoint. — The  Governor  shall  appoint  the 
Adjutant-General,  Quartermaster-General  and  his  other  staff  officers.  He  shall  also, 
with  the  advice  and  consent  of  the  Senate,  appoint  all  Major  Generals  and  Brigadier 
Generals. 

[New  section.] 

Sec.  7.  Arms  and  records.  State  shall  keej). — The  General  Assembly  shall 
provide  for  the  safe  keeping  of  the  public  arms,  military  records,  banners  and  relics 
of  the  State. 

[New  .section.] 

ARTICLE  XIV. 

MISCELLANEOUS  PROVISIOXS. 

Section   1.      Public  lands — taxing  land  of  United  States  and  non-residents. — 

The  General  Assembly  of  this  State  shall  never  interfere  with  the  primary  disposal  of 
the  soil  by  the  United  States,  nor  with  any  regulation  which  Congress  may  find 
necessary  for  securing  the  title  in  such  soil  to  bona  fide  purchasers.  No  tax  shall 
be  imposed  on  lands  the  property  of  the  United  States;  nor  shall  lands  belonging  to 
persons  residing  out  of  the  limits  of  this  State  ever  be  taxed  at  a  higher  rate  than 
the  lands  belonging  to  persons  residing  within  the  State. 
[Const.   1S65,  Art.  11,  Sec.  1.] 

Sec.  2.  Ininiunit.r  from  punishment  for  acts  during  civil  war,  Avhen. — Xo  per- 
son shall  be  prosecuted  in  any  civil  action  or  criminal  proceeding  tor  or  on  account  of 
any  act  by  him  done,  performed  or  executed  between  the  first  day  of  .January,  one 
thousand  eight  hundred  and  sixty-one,  and  the  twentieth  day  of  August,  one  thousand 
eight  hundred  and  sixty-six.  by  virtue  of  military  authority  vested  in  him,  or  in  pur- 
suance of  orders  from  any  person  vested  with  such  authority  by  the  government  of 
the  United  States,  or  of  this  State,  or  of  the  late  Confederate  States,  or  any  of  them, 


ARTS.   XIV.   XV.  1      CONSTITl'TION  OF  THK  STATK  OF  MISSOURI.  61 

to  do  surh  act.  .Vnd  if  any  action  or  proceedings  shall  have  been  or  shall  hereafter 
be  instituted  against  any  person  for  the  doing  of  any  such  act,  the  defendant  may 
plead  this  section  in  bar  thereof. 

[■•Or  of  lute  Confeil.'riite  States."  new.    Const.   IStiri.  Art.   11.  See    1.1 

Sec.  3.  DuoUiiK  prohibited. — No  person  who  shall  hereafter  fight  a  duel,  or 
assist  in  the  same  as  a  second,  or  send,  accept  or  knowingly  carry  a  challenge  there- 
for, or  a.i^ree  to  go  out  of  this  State  to  fight  a  duel,  shall  hold  any  office  in  this  State. 

[Const.   1SS5.   Art.   U.  !^ec.  5.1 

Sec.  4.  rnite<!  States  ofHcer  not  to  liold  State  office. — No  person  holding  an 
office  of  profit  under  llie  Inited  States  shall,  during  his  coutiuuauco  in  such  office, 
hold  any  office  of  profit  under  this  State. 

(Const.   ISCS,  .Vrt.   11.  Sec.   7.) 

Sec.  5.  Teniir*'  of  office. — In  the  absence  of  any  contrary  provision  all  offi- 
cers now  or  hereafter  elected  or  appointed,  subject  to  the  right  of  resignation,  shall 
hold  office  during  their  official  terms,  and  until  their  successors  shall  be  duly  elected 
or  api)olnted  and  qualified. 

[Const,    iscr..  Art.    11.  Sec.   S.  1 

Sec.  6.  Oath  of  office. — .Ml  officers,  both  civil  and  military,  under  the  au- 
thority of  this  State,  shall,  before  entering  on  the  duties  of  their  resi)ective  offices, 
take  lind  subscribe  an  oath,  or  affirmation,  to  support  the  Constitution  of  the  United 
States  and  of  this  State,  and  to  demean  themselves  faithfully  in  office. 

(New  section.) 

Sec.  7.  County,  City,  etc.,  officer.* — reniovi-d  from  office,  when. — The  General 
Assembly  shall,  in  addition  to  other  penalties,  jirovide  for  the  removal  from 
office  of  county,  city,  town  or  township  officers,  on  conviction  of  willtull,  corrupt 
or  fraudulent  violation  or  neglect  of  official  duty. 

[New    section.  I 

Sec.  S.  Officers'  fees,  etc.,  not  to  Im'  incren-sed  nor  It-nn  cvteiKled. — The  com- 
pensation or  fees  of  no  State,  county  or  municipal  officer  shall  be  increased  during 
his  term  of  office;  nor  shall  the  term  of  any  office  be  extended  for  a  longer 
period  than  that  for  which  such  officer  was  elected  or  a|)i)ointed.     (n) 

(Niw  .section.) 

Sec.  9.  .Appointment  of  officers. — The  aiipointment  of  all  officers  not  other- 
wise directed  by  tlii.s  Constitution  shall  be  made  in  such  manner  as  may  be  pre- 
scribed by  law. 

I.N'ew   section.  1 

Sec.  10.  liOttcrif.s  proliibititl.  — The  General  Assembly  shall  have  no  i)ower 
to  authorize  lotteries  or  gift  enterprises  for  any  purpose,  and  shall  i)ass  laws  to 
prohibit  the  sale  of  lottery  or  gift  enterprise  tickets,  or  tickets  in  any  scheme  in 
the  nature  of  a  lottery,  in  this  State:  and  all  acts  or  parts  of  acts  heretofore 
passed  by  the  Legislature  of  this  State,  authorizing  a  lottery  or  lotteries,  and  all 
acts  amendatory  thereof  or  supplemental  thereto,  are  hereby  avoided. 

(See  Const.   1863.  Art.  4,  Sec.  28-1 

Sec.  11.  Officers  liuving  public  funds,  ^rnnd  .jury  to  investigate. — It  shall 
be  the  duty  of  the  grand  jury  in  each  county,  at  least  once  a  year,  to  investigate 
the  official  acts  of  all  officers  having  charge  of  public  funds,  and  report  the  result 
of  their  investigations,  in  writing,  to  the  court. 

[New   section.  1 

Sec.  12.  Members  General  .Assembly  not  to  be  arrested,  when. — Senators 
and  Representatives  shall,  in  all  cases,  excei)t  treason,  felony,  or  breach  of  the 
peace,  be  privileged  from  arrest  during  the  session  of  the  General  Assembly, 
and  for  fifteen  days  next  before  the  commencement  and  after  the  termination  of 
each  session;  and  for  any  speech  or  debate  in  either  house  they  shall  not  be 
questioned    in   any   other   place. 

(Const.   1SS5.  Art.  4.  Sec.   16.] 

.MMKI.i:   .\V. 

MODE  OF  AMENDl.NG   THE   CONSTITUTION. 

(.Vs  to  mode  of  i".m>ncilnfr  Constitution,  see  Laws  ISSl.  p.   SS.  and   Laws   1S83.  p.   47.) 
Section   1.     Con.stitution,  how  amended. — This  Constitution  may  be  amended 
and   revised  only   in   pursuance  of  the   provisions  of  this  article. 
(Sec  Const.   1S6.'>.  Art.   1;;.  .S.-c.   1.) 

Sec.  2.  General  .Assembly  may  propose  itmendments — Mibniittcd  to  vote — 
The  General  Assembly  may,  at  any  time,  i)ropose  such  amendments  to  this 
Constitution  as  a  majority  of  the  members  elected  to  each  house  shall  deem 
expedient;  and  the  vote  thereon  shall  be  taken  by  yeas  and  nays,  and  entered  in 
full  on  the  journals.  The  proposed  amendments  shall  be  published  with  the  laws 
of  that  session,  and  also  shall  be  published  weekly  In  some  newspai)er,  if  such 
there  be,  within  each   county   in   the  State,   for   four  consecutive  weeks  next   pre- 

(«)        See  note  and  authorities  to  Charter,  Art.  XVI.  .Sec.  17. 


62  CONSTITUTION  OF  THE  STATE  OF  MISSOUKI.  [ART.    XV. 

ceeding  the  general  election  then  next  ensuing.  The  proposed  amendments  shall 
be  submited  to  a  vote  of  the  people,  each  amendment  separately,  at  the  next  gen- 
eral election  thereafter,  in  such  manner  as  the  General  Assembly  may  provide. 
If  a  majority  of  the  qualified  voters  of  the  State,  voting  for  and  against  anj 
one  of  said  amendments,  shall  vote  for  such  amendment,  the  same  shall  be  deemed 
and  taken  to  have  been  ratified  by  the  people,  and  shall  be  valid  and  binding,  to 
all  intents  and  purposes,  as  a  part  of  this  Constitution. 

[See  Const.   186.5.  Art.   12.  Sec.   2.] 

Sec.  3.  Constitution,  how  revised,  etc. — The  General  Assembly  may  at  any 
time  authorize,  by  law,  a  vote  of  the  people  to  be  taken  upon  the  question 
whether  a  convention  shall  be  held  for  the  purpose  of  revising  and  amending 
the  Constitution  of  this  State:  and  if  at  such  election  a  majority  of  the  votes  on 
the  question  be  in  favor  of  a  convention,  the  Governor  shall  issue  writs  to  the 
sheriffs  of  the  different  counties,  ordering  the  election  of  delegates  to  such  a  con- 
vention, on  a  day  not  less  than  three  and  within  six  months  after  that  on  which 
the  said  question  shall  have  been  voted  on.  At  such  election  each  Senatorial 
district  shall  elect  two  delegates  for  each  Senator  to  which  it  may  then  be 
entitled  in  the  General  Assembly,  and  every  such  delegate  shall  have  the  qualifi- 
cations of  a  State  Senator.  The  election  shall  be  conducted  in  conformity  with 
the  laws  regulating  the  election  of  Senators.  The  delegates  so  elected  shall 
meet  at  such  time  and  place  as  may  be  provided  by  law,  and  organize  themselves 
into  a  convention,  and  proceed  to  revise  and  amend  the  Constitution;  and  the  Con- 
stitution, when  so  revised  and  amended,  shall,  on  a  day  to  be  therein  fixed,  not 
less  than  sixty  days  or  more  than  six  months  after  that  on  which  it  shall  have 
been  adopted  by  the  convention,  be  submitted  to  a  vote  of  the  people  for  and 
against  it,  at  an  election  to  be  held  for  that  purpose;  and  if  a  majority  of  all  the 
votes  given  be  in  favor  of  such  Constitution,  it  shall,  at  the  end  of  thirty  days 
after  such  election,  become  the  Constitution  of  this  State.  The  result  of  such 
election  shall  be  made  known  by  proclamation  b.y  the  Governor.  The  General 
Assembly  shall  have  no  power,  otherwise  than  in  this  section  specified,  to  authorize 
a  convention  for  revising  and  amending  the  Constitution. 

[See  Const.  1S65,  Art.  12.  Sec.  3.] 

SCHEDULE. 

Existing  laws,  rights  and  actions. — That  no  inconvenience  may  arise  from 
the  alteration  and  amendments  in  the  Constitution  of  this  State,  and  to  carry 
the  same  into  complete  effect,  it  is  hereby  ordained  and  declared: 

Section  1.  That  all  laws  in  force  at  the  adoption  of  this  Constitution,  not 
inconsistent  therewith,  shall  remain  in  full  force  until  altered  or  repealed  by  the 
General  Assembly;  and  all  rights,  actions,  prosecutions,  claims  and  contracts  of 
the  State,  counties,  individuals  or  bodies  corporate,  not  inconsistent  therewith, 
shall  continue  to  be  as  valid  as  if  this  Constitution  had  not  been  adopted.  The 
provisions  of  all  laws  which  are  inconsistent  with  this  Constitution  shall  cease 
upon  its  adoption,  except  that  all  laws  which  are  inconsistent  with  such  provi- 
sions of  this  Constitution  as  require  legislation  to  enforce  them  shall  remain 
in  force  until  the  first  day  of  July,  one  thousand  eight  hundred  and  seventy-seven, 
unless  sooner  amended  or  repealed  by  the  General  Assembly. 

Sec.  2.  Existing  obligations — criminal  proceedings. — That  all  recognizances, 
obligations,  and  all  other  instruments  entered  into  or  executed  before  the  adoption 
of  this  Constitution  to  this  State,  or  to  any  subdivision  thereof  or  any  municipality 
therein:  and  all  fines,  taxes,  penalties  and  forfeitures  due  or  owing  to  this  State, 
or  any  such  subdivision  or  municipality:  and  all  writs,  prosecutions,  actions  and 
causes  of  action,  except  as  herein  otherwise  provided,  shall  continue  and  remain 
unaffected  by  the  adoption  of  this  Constitution.  All  indictments  which  shall 
have  been  found,  or  may  hereafter  be  found  for  any  crime  or  offense  committed 
before  this  Constitution  takes  effect,  may  be  proceeded  upon  as  if  no  change  had 
taken  place,  except  as  otherwise  provided  in  this  Constitution. 

Sec.  3.  Coiint.v  and  i)robatc  courts. — All  county  and  probate  courts,  as  now 
constituted  and  organized,  shall  continue  with  their  jurisdiction,  until  the  General 
Assembly  shall  by  law  conform  them  in  their  organization  to  the  requirements  of 
this  Constitution 

Sec.  4.  Criminal  courts. — All  criminal  courts  organized  and  existing  under 
the  laws  of  this  State,  and  not  specially  provided  for  in  this  Constitution,  shall 
continue  to  exist  until  otherwise  provided  by  law. 

Sec.  5.  Courts  of  coninion  picas. — All  courts  of  common  pleas  existing  and 
organized  in  cities  and  towns  having  a  population  exceeding  three  thousand 
five  hundred  inhabitants,  and  such  as  by  the  law  of  their  creation  are  presided 
over  by  a  judge  of  a  circuit  court,  shall  continue  to  exist  and  exercise  their 
present  jurisdiction  until  otherwise  provided  by  law.  All  other  courts  of  common 
pleas  shall  cease  to  exist  at  the  expiration  of  the  present  terms  of  office  of  the 
several   judges  thereof. 


(SCHKDULK.  CONSTITUTION  Ol"  TIIK  STATIC  OV  MISSOl'Itl.  (i3 

Sec.  6.  ri-rsoiis  now  in  office. — .\11  persons  now  filling  any  office  or  appoint- 
ment in  this  State  shall  cnnlinue  in  the  exercise  of  the  duties  thereof,  according 
to  their  respective  commissions  or  appointments  unless  otherwise  provided  by 
law. 

Sec.  7.  Appeals  and  writs  of  error. — Upon  the  adoption  of  this  Constitution, 
all  appeals  to  and  writs  of  error  from  the  Supreme  Court  shall  be  returnable 
to  the  Supreme  Court  at  the  City  of  .Jefferson. 

Sec.  S.  Honded  di-hl — payment  of. — Until  the  General  Assembly  shall  make 
provision  for  the  payment  of  the  State  and  railroad  indebtedness  of  this  State, 
in  pursuance  of  section  fourteen  of  Article  X  of  this  Constitution,  there  shall  be 
levied  and  collected  an  annual  tax  of  one-fifth  of  one  per  centum  on  all  real 
estate  and  other  property  and  effects  subject  to  taxation,  the  proceeds  of  which 
shall  be  applied  to  the  payment  of  the  interest  on  the  bonded  debt  of  this  State  as  it 
matures,  and  the  surplus,  if  any.  shall  be  paid  into  the  sinkin.E:  fund  and  thereafter 
applied  to  the  payment  of  such  indebtedness,  and  to  no  other  purpose. 

See.  9.  Kleetion  for  adoption  or  rejection  of  this  Constitution. — This  Con- 
stitution shall  be  submitted  to  the  jieople  of  this  State  for  adoi)tion  or  rejection, 
at  an  election  to  be  held  for  that  purpose  only,  on  Saturday,  the  thirtieth  day 
of  October,  one  thousand  eight  hundred  and  seventy-five.  Every  person  entitled 
to  vote  under  the  Constitution  and  laws  of  this  State  shall  be  entitled  to  vote  for 
the  adoption  or  rejection  of  this  Constitution.  Said  election  shall  be  held  and 
said  qualified  electors  shall  vote  at  the  usual  places  of  voting  in  the  several 
counties  of  this  State;  and  said  election  shall  be  conducted  and  returns  thereof 
made  according  to  the  laws  now  in  force  regulating  general  elections. 

Sec.  10.  Toll-books,  ballots,  etc. — The  clerks  of  the  several  county  courts 
In  this  State  shall,  at  least  five  days  before  said  election,  cause  to  be  delivered 
to  the  judges  of  election  in  each  election  district  or  precinct  in  their  respective 
counties,  suitable  blank  poll-books,  forms  of  return  and  five  times  the  number 
of  properly  prepared  printed  ballots  for  said  election  that  there  are  voters  in  said 
respective  districts,  the  expense  whereof  shall  be  allowed  and  paid  by  the  several 
county  courts,  as  other  county  expenditures  are  allowed  and  paid. 

Sec.  11.  Hallots,  form  of. — .\t  said  election  the  ballots  shall  be  in  the  fol- 
lowing form:  New  Constitution  ticket  (erase  the  clause  you  do  not  favor.)  New 
Constitution, — Yes.  New  Constitution,— No.  Each  of  said  tickets  shall  be  counted 
as  a  vote  for  or  against  this  Constitution,  as  the  one  clause  or  the  other  may  be 
cancelled  with  ink  or  pencil  by  the  voter,  and  returns  thereof  shall  be  made 
accordingly.  If  both  clauses  of  the  ticket  be  erased,  or  if  neither  be  erased,  the 
ticket  shall  not  be  counted. 

Sec.  12.  nolnrns  of  election — prodamnlion  by  Governor. — The  returns  of 
the  whole  vote  cast  for  the  adojjtion  and  against  the  adoption  of  this  Constitution 
shall  be  made  by  the  several  clerks,  as  now  provided  by  law  in  case  of  the  election 
of  Stale  officers,  to  the  Secretary  of  State,  within  twenty  days  after  the  election; 
and  the  returns  of  said  votes  shall,  within  ten  days  thereafter,  be  examined  and 
canvassed  by  the  State  .■\uditor,  State  Treasurer  and  Secretary  of  State,  or  any 
two  of  them.  In  the  presence  of  the  Governor,  and  proclamation  shall  be  made  by 
the  Governor   forthwith   of   the   result  of   the  canvass. 

Sec.  13.  Result  of  election — Constitution  to  take  efTect,  when. — If.  upon 
such  canvass,  it  shall  appear  that  a  majority  of  the  votes  polled  were  in  favor 
of  the  new  Constitution,  then  this  Constitution  shall,  on  and  after  the  thirtieth 
day  of  November,  one  thousand  eight  hundred  and  seventy-five,  be  the  supreme 
law  of  the  State  of  Missouri,  and  the  present  existing  Constitution  shall  thereupon 
cease  in  all  its  provisions;  but  if  it  shall  appear  that  a  majority  of  the  votes 
polled  were  against  the  new  Constitution,  then  this  Constitution  shall  be  null  and 
void,  and  the  existing  Constitution  shall  continue  in  force. 

Sec.  H.  Schedule  to  take  efVect,  when. — The  provisions  of  this  schedule 
required  to  be  executed  prior  to  the  adoption  or  rejection  of  this  Constitution, 
shall   take  effect   and   be   in    force   immediately. 

Sec.  15.  Laws  to  enforce  Constllulitm. — The  General  .•\ssenibly  shall  pass 
all  such  laws  as  may  be  necessary  to  carry  this  Constitution  into  full  effect. 

Sec.  lt>.  Kxistiuf;  executive  ofdcers,  provisions  ns  to. — The  present  Secretary 
of  State,  State  .Auditor.  .\ttorney-GeneraI  and  Superintendent  of  Public  Schools  shall, 
during  the  remainder  of  their  terms  of  office,  unless  otherwise  directed  by  law,  re- 
ceive the  same  compensatioit  and  fees  as  is  now  provided  by  law;  and  the  present 
State  Treasurer  shall,  during  the  remainder  of  the  term  of  his  office,  continue  to  be 
governed  by  existing  law.  in  the  custody  and  disposition  of  the  State  funds,  unless 
otherwise  directed  by  law. 

Sec.  IT.  .\rrests  nnci  preliminary  examinations. — Section  twelve  of  the  Hill  of 
Rights  shall  not  be  so  construed  as  to  prevent  arrests  and  prellniinarv  examination 
In  any  criminal  case. 


^1 


54  CONSTITUTION    OF    THE    STATE    OF    MISSOURI.  SCHEDULE.] 

Done  in  Convention,  at  the  Capitol  in  the  City  of  Jefferson,  on  the  second  day 
of  August,  In  the  year  of  our  Lord  one  thousand  eight  hundred  and  seventy-five,  and 
of  the  Independence  of  the  United  States  the  one  hundredth. 

WALDO  P.  JOHXSON.  President  St.  Clair  county. 
N.  W.  WATKINS,  Vice-President,  Scott  county. 

ADAMS,    WASHINGTON,    Cooper. 

ALLEN,  DeWITT  C,  Clay.  i  1 

ALLEXANDER,  A.   M.,  Monroe.  '• 

BLACK,  FRANCIS  M.,  Jackson. 

BOONE.  HENRY,  DeKalb. 

BRADFIELD,  GEORGE  W.,  Laclede. 

BROADHEAD,  JAMES   O.,  St.  Louis. 

BROKMEYER,   HENRY   C,  St.  Louis. 

CARLETON,  GEORGE  W.,  Pemiscot. 

CHRISMAN,   WILLIAM,   Jackson. 

CONWAY,  EDMUND  V.,  St.  Francois. 

COTTEY,    LOUIS    F.,    Knox. 

CREWS,   T.   W.   B.,   Franklin. 

CROCKETT,   SAMUEL   R.,   Vernon. 

DAVIS,  LOWNDES  HENRY,  Cape  Girardean. 

DRYDEN,    LEONIDAS    J.,    Warren. 

DYSART.  BENJAMIN  ROBERT,  Macon. 

EDWARDS,  JOHN  F.  T.,  Iron. 

EDWARDS,   JAMES   C,   St.  Louis. 

EITZEN,  CHARLES  D.,  Gasconade. 

FARRIS,  JAMES  L.,  Ray. 

FYAN.  ROBERT  W.,  Webster. 

GANTT.  THOMAS  TASKER,  St.  Louii 

GOTTSCHALK,  LOUIS,  St.  Louis. 

HALE,  JOHN  B.,  Carroll. 

HALLIBURTON.    W.,   Sullivan. 

HAMMOND,  CHARLES,  Chariton. 

HARDIN,  NEIL  CAMERON,  Pike, 

HOLLIDAY',  J.  A.,  Caldwell. 

HY'ER.  JOHN,  Dent. 

JOHNSON.  HORACE  B.,  Cole. 

JOHNSTON,  T.  J.,  Nodaway. 

LACKLAND.   HENRY'   CLAY",  St.   Charles. 

LETCHER,  WM.  H.,  Saline. 
"^     ,^       LAY,  ALFRED  M.,  Cole. 

-■'  MABREY.  PINCKNEY'.  Ripley. 

MASSEY,  B.  F.,  Newton. 

MAXEY",  JAMES  HARVEY,  Howell. 

McAFEE,  CHARLES  B.,  Greene. 

McKEE,  ARCHIBALD  V.,  Lincoln 

McCABE,  EDWARD.  .Marion. 

McKILLOP.  MALCOLM.  Atchison. 

MORTELL,  NICHOLAS  A.,  St.  Louis. 

MUDD,  HE.XRY  THOM.A.S,  St.  Louis. 

NICKERSON,  EDMUND  A.,  Johnson. 

NORTON,   ELIJAH   HISE,  Platte. 

PIPKIN,  PHILIP,  Jefferson. 

PRIEST,   WILLIAM,   Platte. 

PULITZER,  JOSEPH,  St.  Louis. 

RAY.  JOH.X.  Barry. 

RIDER.  J.  H..  Bollinger. 

RIPPEY",  J.  R..  Schuyler. 

ROBERTS.  JAMES   C,  Buchanan. 

ROSS.  J.   P.,   Morgan. 

ROSS,   JOH.X   W.,   Polk. 

RUCKER,  JOHN  FLE.MING,  Boone. 

SHACKELFORD,  THOMAS,  Howard. 

SHANKLIN,  JOHN  H.,  Grundy. 


[SCHEDULE.  CONSTITUTION  OF  THE  STATE  OF  MISSOURI. 

SHIELDS,  GEORGE  H..  St.  Louis. 
SPAUNHORST,  HENRY  J.,  St.  Louis. 
SWITZLER,  WILLIAM  F.,  Boone. 
TAYLOR.  JOH.X  H..  Jasper. 
TAYLOR.  AMOS  RILEY,  St.  Louis. 
TODD.  ALBERT,  St.  Louis. 
WAGNER,  L.  J..  Scotland. 
WALLACE,  HENRY  (".,  Lafayette. 

G.   N.   NOLAN,  Secretary. 
ATTEST:     J.  BOYLE  ADAMS,  Assistant  Secretarv. 


65 


INDEX  TO  THE  CONSTITUTION  OF  MISSOURI. 


A 
ABSENT   MEMBERS—  Art. 

attendance  compelled    •    i 

noted     on     calling     yeas     and 
nays     

ACCUSED—       .     .      ,        ^„„  o 

rights  in   criminal   cases - 

ADJOURNMENT— 

of  General  Assembly i 

AD    QUOD    DAMNUM "- 

ALIENS—                  ^,  „ 

cannot   hold    office » 

AMENDMENTS— 

to   U.    S.   Constitution !■ 

to  Missouri  Constitution la 

dutv   of  Supreme  Court 1-)    ^, 

of   bills    .■• ,■•■■•■        "' 

report    of    committee    of    con- 
ference         \ 

by    substitution    ^ 

APPEALS—  ^    .  .  . 

from  Courts  of  Appeals......    »> 

exclusive    appellate    jurisdic- 
tion of  Supreme  Court,  b 

of   Amdt.    to • 

where   returnable.    Sch 

APPORTIONMENT—  - 

of   Representatives    ' 

Senators    

APPROPRIATIONS— 

order  of    ' 

how  made    ■  ■  •  • ^" 

when  act  takes  effect •    « 

act      may       contain      several 
subjects    

ARMS —  , 

right  to  bear •  •  ■    '■ 

does      not      mean      concealed 

weapons    .■  •  ■  •  ■  , 

not   compelled    to   as   military 

duty    .•,■■•; >• 

Legislature    provide    for    safe 

keeping    ^^ 

ARREST,  who  privileged  from— 

legislators    }* 

militia    'S 

voters     ;  •  •  ;•  • 

not    to    apply    t"    arrests    for 
crime.    S(h 

ATT.\INDER    ^ 

ATTORNEY-GENERAI^- 

is    of    the    executive    depart- 
ment     ■  ••■ \ 

shall   reside  at  capital » 

election,    term    of   office......  n 

returns,  tie.  how  determined,  n 

qualifications  of    = 


Sec. 
IS 


21-23 
21 


3 

1-3 

2 

29.30 


AUDITOR—  Art. 
is    of    the    executive    depart- 
ment      .■  •  ■  ■    \ 

shall    reside  at  State  capital.    5 

election,    term   of   office 5 

returns — ties,  how  determined   S 

qualifications  of    5 

shall      give      information      to 
Governor     ^ 


Sec. 


B 


BAI 


in  general    \ 

excessive   prohibited    ^ 

BANKS—  ^.^.,    ,  ,„ 

State    banks    prohibited \l. 

State  not   to  own  stock 1^! 

act  creating  submitted  to 
people .1- 

insolvent  not  to  receive  de- 
posits     1- 


32        BILL  OF   RIGHTS— 
34  object  of    


12 


2-8 
7 


43 
19 
36 

28 


n 

17 
1 


17 
13 


BILLS—  . 

style  of  laws • ^ 

amendments     not     to     change 

original    purpose    •  •  •  •    \ 

origin   of.— to   be  read,  when .    4 


reported    upon    and    printed 
but   one    subject,    title,    etc...    . 
amendments     engrossed     and 

printed     , , 

returned    from    either    house 

amended    \ 

final   vote  on  a  bill •    •• 

amendments     how     concurred   ^ 

act  not'to'be  revived  by  ref- 

erence    ■,••'.;•;•''''    1 

amendments  by  substitution.    4 
motion    to    reconsider........    4 

laws,   time   of  taking  effect..    4 
to     be     signed     by     presiding 

officers    ,■■■;,■••>;;;.■.' 

to    be    approved    by    the    Go\ - 

ernor    ; 1 

if   not  approved 4 


failure     of    Governor    to    ap- 
prove       ; 

revision    of    laws.  ......•■  ■■■    ■» 

journal  to  be  published— yeas 

and    nays    

BOARD   OF   EDUCATION 1 1 

BOARD    OF    EQUALIZATION...  10 
BOUNDARIES  of  State 1 


CEMETERIES—  ^    ,„,  9 

churches   may   own    land    for.  2 

CERTIOR.A^RI—  . 

jurisdiction  of  Supreme  Court  G 


3 
19 


25 
25 


26 
27 


25 
26 

27 
28 

29 

30 
31 

32 

33 
34 
35 
36 

37 

38 
39 

40 
41 

42 
4 

IS 
1 


INDEX    TO    MISSOL'IU    CONSTITTTION. 


ti7 


CERTII'ICATKS  OF  INDEBTEDNESS— 

Art.       Sec. 
rate  to  pay  Interest  on 10  26 

CHARITIES— 

not  to  be  taxed 10  t 

CHARTERS — 

of  larfTC  cities.  Judicial  notice 

of    9  16 

features  of    9  17 

of   St.    Louis 9        20-23 

CHIEI"  JUSTICE— 

of   Supreme    Court 6  3 

of  Court  of  Appeals 6  16 

CHURCH  ES — See    Kflixion  and  Ke- 
it£tous  CorporatioHS. 

support  of 2  6.  7 

holding  real   estate 2  8 

exempt    from    taxation 10  6 

no  aid  by  the  State 2  7 

no  discrimination  against. .. .    2  7 

CIRCUIT  COURT— 

Jurisdiction  and   terms 6        22.  2.1 

circuits  may  be  changed 6  24 

election,   terms   and   duties  of 

Judges    6  25 

nualltlcations  of  Judges 6  26 

of  St.   Louis  county 6  27 

provision    for    additional 

Judges    6  28 

vacancy  In  ofdce  of  Judges..  I  29 
removal  of  Judges  for  disabil- 
ity      6  41 


CITIES— 

subscription    by.    prohibited..    9 
organization     and     classilica- 

tlon    9 

consolidation       with      county 

gov«rnment    9 

charters  of  large  cities 9 

See  Municipal  Corporations,  St.  Louis. 

CLERKS— 

of  Courts  of  Appeals 6 

of  Supreme  Court 6 

of  probate  courts 6 

election  of 6 

ties  and  contests 6 

COLLECTORS — 

failure  to  account 2 

COMMITTEES — 

compensation  of   4 

••OMI'K.VSATION— See    Fm- 

in  eminent  domain 2 

of  rr.-sident  of  Senate 5 

of    Juilges    of    Courts    of    Ap- 
peals        g 

of    members    of    General    As- 
sembly       4 

CON'CEALED   WEAPONS— 

carrying  prohibited   2 

•ONDEMNATION  OF   PRIVATE 
PROPERTY     2 

ONGRESS.    MEMBER   OF— 
not  eligible  to   I.<glslature.  .  .    4 

CONSCItns'CE— 

rights  of    2 

I'ONSTITUTION— 

conslructlon    of,    see    note    to 
preamble. 

amendment  of   15 

as    to    existing    laws,    rights, 

etc..    S,h 

new.   adoption   of.  ScJk 

to   take  effect,   when.  ScA 

laws  to  enforce.  ScJt 


1.' 

16.  n 


IS 
21 

35.  40 
40 


19 
16 


21 
IS 


1.1    I 
!■■. 


20.  21 
12 


1,3 

I.  2 

9,  13 

13 

15 


CONSTITUTION  OF  UNITED  STATES — 

Art.  Sec. 
In    relation    to   State    govern- 
ment        2  2.3 

as  to   retrospective   laws 2  15 

CONSTRUCTION— 

by    legislature    1  1 

CONTESTED  ELECTIONS — 

generally    8  9 

of  executive  officers 5  25 

of  Judges   6  :tO 

of   clerks  of  courts 6  40 

CONTRACTS— 

for  support  of   religion 2  6 

laws   impairing   obligation   of   2  15 


CORONERS:     Sec  Shtnff— 

election  and  appointment  of.    9 
vacancy   in  office 9 

CORPORATIONS— 

religious,   how  created 2 

relea.se   of   debts    prohibited.  .    4 

power  to   tax 10 

dues   from  on  capital  stock.. 10 

unorganized    12 

shall   not  be  created   by   spe- 
cial laws 12 

forfeited  charters 12 

eminent  domain,  Jury  trial...  12 

subject  to  police  power 12 

election  of  directors 12 

not  to  engage  in  other  busi- 
ness     12 

power  to  hold  real  estate.... 12 

Increase  of  stock 12 

liability  of  stockholder 12 

preferred  stock    12 

corporation    defined    12 

See    Ranks,    Railroads,     Municipal 
Corporations. 

CORRUPTION   OF   BLOOD 2 

COI'NSEI^— 

in  criminal  prosecutions 2 

COUNTIES— 

existing  counties  recognized.  9 

size  of  new  counties y 

division  of  representation.  ...  9 
parts  stricken  off.  liability  of  9 
subscription    by.    prohibited..  9 
consolidation    with    city    gov- 
ernment      9 

ror.VTY   COURTS:      Sec   Courts— 

jurisdiction.    Judges,    etc 6 

existing,  continued,  etc.,  Sch 

COUNTY  JUSTICES— 

under  township  organization.    9 


COUNTY  SEATS — 

removal   of    9 


COURTS  OF  APPEALS — 

St.    I>tuls  Court  of   Appeals.  .    6 
Kansas  City  Court  of  Appeals. 
(See    amendment    of    1SS4,    at 
end  of  Art.   6.> 


COURT."*— 

to  be  open 2 

establishing   4 

enumerated   6 

existing,  to  continue 6 


10 
11 


8 
51 

2 
21 

1 

2 
3 
4 
5 
6 

7 
7 

8 

9 

10 

11 


13 


1 
3 
3 

4,  .■; 

t 
15 


36 
5 


13 


10 
1 
1 

42 


INDEX  TO  MISSOURI   CONSTITITION. 


COURTS — Continued —  Art.        Sec. 

of  St.   Louis  county U  25 

of  Common   Plea.s.   Sch 5 

See  Clerks,  Circuit  Courii,  Courtly 
Courts,  Criminal  Courts,  ProhaU 
Courts,  Courts  of  Appeals,  Supreme 
Court. 

Amendment  enlarging  Su- 
preme Court  and  creating 
two  divisions.  (See  amend- 
ment of  1890  at  end  of 
Art.    6.) 

CREEDS — 

religious,  support  of 2  6.  7 

CREDIT  LOANING.    Proliibiti'd. 

by   municipalities    4  47 

of  the  State — exception 4  45 

by  counties 9  6 

CRIMINALS — 

may  be  prohibited  from  vot- 
ing       i  10 

prosecutions,  rights  of  ac- 
cused        2  22 

CRIMINAL  COURTS— 

may    be   established,    when...    6  31 

existing,  continued,  5r/i 4 

CRIMINAL  PROSECUTIONS: 
See   Indicttnents — 
indictment     and     information 

concurrent  remedies   2  12 

rights  of  accused 2  22 

no   self-crimination    2  23 


D 

DEBATE— 

freedom    of,    in    General     As- 
sembly     1*  12 

DEBTS — 

on    behalf    of    State,    created, 

when    4  44 

of  municipalities,  payment  of   !<  19 

limited   10  12 

loaning  State's  credit  jirohib- 

ited — exception    4  45 

bonded  of  the  State 10  14 

of  State   to  School   and   Semi- 
nary funds   10  26 

(Sch.,   Sec.    8.) 

DELAY,  of  Justice 2  10 

DENIAL,  of  justice 2  10 

DEPARTMENTS  OF  GOVERNMENT — 
three  separate    S 

DISBURSEMENT— 

of  public  funds 10   13,16.19 

DISTRIBUTION  OF  POWERS.  .  .    :: 

DUELING,  penalty  for U  3 


EDUCATION— 

persons  of  scl>ool  age 11  1 

schools  for  colored  children..  11  3 

board  of  education 11  4 

schools  for  religious  purposes.  11  11 
See  Schooh,  School  Districts,  School 
Fund. 

ELECTIONS— 

to   be   free 2  S 

of  Representatives   4  2.  10 

of  Senators 4  10 

of  executive  officers 5  2 

returns,  ties,  how  determined   .">  9 
of  judges  of  Supreme  Court.  .    0  5 
of    judges    of    (Courts    of    .Ap- 
peals        i!  13 


ELECTIONS— Continued —  .Vrt. 

of    judges    of    Courts.  §        2    of 

amendment  to e 

of   circuit    judges B 

of  judges  of  courts  of  record.  6 

of  clerks,   ties  and  contests..  6 

general,   time  of  holding S 

qualifications  of   voters S 

how    conducted,    contests,    se- 
crecy      s 

voters  privileged  from  arrest.  8 

registration    8 

by    persons    in    representative 

capacity    8 

gaining  or  losing  residence..  S 

who   disqualified  as  voters.  .  .  8      S 

contested  elections S 

when  ballots  may  be  counted.  8 

of  coroners    9 

for   adoption    of   Constitution, 
Sch 

EMINENT  DOMAIN  — 

uses,  public  and  private 2 

jury  trial 12 

ESTIMATES — 

to  be  furnished  by  Governor.  5 

EXECUTIVE:      See    Gsvernor— 

authority  of   3 

failure  to  perform  duty 4 

executive  department    5 

duty   of.   generally 5 

pardoning  power 5 

EXECUTIVE  DEPARTMENT — 

officers  of    5 

accounts  kept  by  officers....  5 

EXECUTIVE   OFFICERS— 

duties  of   5 

salaries  and   fees 5 

contested  elections  of 5 

existing      pro\-isions.      as      to. 
Sch 

EX  POST  FACTO  LAWS 2 

EXTRA  SESSION— 

business  of    4 

calU'd    by   Governor 5 


FEES:      See  Compensatiojt:  Salariei — 
extra,    of   officers    prohibited.    4 

of  public  officers 5 

not  to  be  increased 14 

limited — quarterly  returns...    9 
of    count\-    officers 9 

FELONIES — 

how  prosecuted    2 

defined   2 

FINES— 

excessive,  prohibited   2 

FORFEITURE — 

none  of  estates 2 

FORMER  ACQUITTAI^ 

or  conviction    2 

FREEDOM  OF  SPEECH 2 

FREE  PASSES — 

acceptance    by    public    officer 
prohibited    12 


Sec. 


30 

i9,  40 

1 


10.11 
9 

10 

9-13 


20-21 
4 


10 


40 
1 
6 

s 


48 
24 
8 
13 
12 


G 


GENERAL  ASSEMBLY:  See    .ih- 
sent  members:     i^^islative  proceext- 
inzs  - 
certain  officers  not  eligible..    4 

organization  and  rules 4 

quorum,    absent    members....    4 
sessions  to  be  public 4 


IS 
19 


INDKX    TO   MISSOrni    rONSTlTT'TION. 


09 


r.KNKRAL  ASSEMBLY— 

Contlnufd —  Art. 

time  of  nii'i'tlng 4 

iiiljoiirnim-nt   4 

IfOviTnor  may  call  extra  ses- 
sion        5 

freedom  of  debate H 

members  free  from  arrest.  .  .  .  H 
deleitntlon  of  authority 3 

GOVERNMENT— 

originates  from  the  people..  2 
may   be  altered  and  abolished   2 

local    self-Kovernment    2 

object   of    2 

three  departments    3 

GOVERNOR— 

approval  of  bills 4 

bills    returned      without      ap- 
proval         4 

failure    to    perform   duty 4 

of  the  executive  department.  5 
residence  to  be  at  capital..  5 
election  and   term  of  office..    5 

re-election    of     5 

returns  of  election — tie    5 

the  chief  magistrate    5 

<|ualiHcations    of     5 

duties    of    generally     5 

may  call  out  militia    5 

pardoning    power 5 

to  give  information  to  Legis- 
lature       5 

may    call    extra    session     ....    5 

message     of     5 

to  account  for  mone>'s   5 

to  nil  vacancies  in  office....  5 
duty  as  to  bills  presented...  5 
may    object    to    part    of   bill..    5 

resolutions   presented    to 5 

may     require    reports    of    de- 
part tnents  5 

commissioning  officers    5 


GRAND  JURY:      See    Jury— 
to  consist  of  twelve  men. 
duty  as  to  public  officers. 

H 


.14 


HABEAS   CORPUS— 

writ  not  to  bo  suspended....    2 
Jurl.sdictlon  of  Supreme  Court   6 
Jurisdiction   of  Courts  of  Ap- 
peals        6 

Jurisdiction   of  Courts  of   Ap- 
peals, J    4  of  amendment   to.    6 

I. 
IMPEACHMENT— 

who     liable     to     7 

proceedings     generally — pun- 
ishment        7 


IMPRISONMENT   FOR  DEBT — 

prohibited     


Sec. 

20 

21-23 

9 
12 
12 


38 

39 

40 

1 

1 


9 
9 
10 
10 
11 
12 
13 
14 


26 
3 


INDICTME.NTS   AND    INFORMATIONS— 

in   criminal   cases    2  12 

conclusion  of    6  38 

indictable    offenses    defined..    2  12 

INJl'RIE.S— 

redress  of    2  10 

INSOLVENT   LAWS — 

Impnrlng    obligation    of    con- 
tracts       2 


INTERPRET  ATION- 

of     Legislature 


INVOLUNTARY    SERVITUDE: 
See    Stavrry — 
prohibited— except,   etc 


15 
1 

31 


JEOPARDY- 
twice    In.... 


16 


JUDGES —  Art. 

election  of — ties  and  contests  G 

vacancy   in   office 6 

salaries  of 6 

of  county   courts 6 

of  circuit  courts 6 

iiualillcatlons  of    6 

provisions     fur    additional     .  .    fi 

vacancy    in   office 6 

removal    of    6 

of  Courts  of  Appeals 6 

of  Courts  of  Appeals,      5    2  of 

amendment    to    6 

duty    of.   etc 6 

of    Supreme    Court 6 

number,   duties,   etc 6 

qualillcations 6 

JUDICIAL  DICPARTMENT— 

of  the  various  courts 6 

JUDICIAL  NOTICE— 

of  charters  of  large  cities.  ...  3 

of  charter  of  St.   Louis 9 

of   legislative  acts 4 

JURISDICTION— 

of  -Supreme  Court 6 

of  Court  of  Appeals 6 

of   Courts  of  Appeals,     §    4   of 

amendment    to     G 

of   circuit    courts 6 

of   probate  courts 6 

of  county  courts 6 

on  rivers    1 

JURORS:     See   Trial  by  Jury- 
no   religious  quallflcation  .  . .  .  2 

JURY:        See    Trial  by :  Grand  Jury— 

In   conuemntng   property 2 

discharge,   when    2 

right  of  trial  by 2 

JUSTICE — 

without  delay,  denial  and  sale   2 

JUSTICE  OF  THE   PEACE— 

In    general 6 


KANSAS   CITY   COURT   OF   AP- 
PEALS   

and  amendment  to 


LAWS— 

time  of  taking  effect... 

revision  of 

local,  notice  of 

to  enforce  Constitution, 

style  of 

how  passed   


Sch... 


JOURNAI^— 

of     l^'glslature 
lishcd 


to     be     p\ib- 


LEGISLATIVE  DEPAUTMIONT. . 

LEGISLATIVE    POWER— 

In  general    

vested  In  General  Assembly.. 

limitation  on 

special   legislation  prohibited, 
business  of  extra  sessions. . .  . 

LEGISLATIVE  PROCEEDINGS — 

style  of  laws 

amendments  and  reports  of 
committees 

revival   and   re-enactment.... 

amendments  by  striking  out 
and  Inserting  words 

motion  to  reconsider 

resolutions  presented  to  Gov- 
ernor   

order  of  appropriation 

bills,   laws  to   be  passed  by.. 

amendment  of    

to  be  reported  upon  and 
printed 

to   contain   but  one   subject.. 

return    amended    


Sec. 
30 
32 
33 
36 
25 
26 
28 
29 
41 
13 


14 
4 
S 
6 


16 
21 
31 


2.  3 
13.  27 


34,  35 
36 

1 


21 
23 
28 


10 
37 


12 


36 
41 
54 
15 
29 
25-39 


1 

1 

43-56 

53 

55 


32 
33 

34 

35 

14 

43 

26 

.  2» 

27 
2S 
30 


70 


INDEX  TO  MISSOURI  CONSTITUTION. 


LEGISLATIVE  PROCEEDINGS — 

Continued —  Art. 

final    vote    on     4 

to      be    signed      by    presiding 

officer    4 

approval  of,  by  Governor....  4 
returned    without    approval..    4 

Governor's   duty   as   to    5 

may   object   to   part  of 5 

LEGISLATURE:    See    Gmtral  Aieembty. 

LIBEI^- 

defined    2 

truth    in    evidence    2 

LIBERTY — 

a  natural   right    2 

act   violating   right  of    2 

association   with   thieves    ....  2 

religious    2 

no    person    deprived    of    with- 
out due  process 2 

of    conscience    2 

LICENSES — 

contracts    with    the    State....    2 

LIENS— 

on   railroads     not     to   be   re- 
leased        4 

LIEUTENANT-GOVERNOR- 
IS   of   executice   department..  5 

election,   term  of  office 5 

returns — ties,      how        deter- 
mined      5 

Qualifications    and    duties....  5 

to   act  as  Governor      5 

LOANING   CREDIT    PROHIBITED: 

See  Suhscriptityns  — 

by   municipalities 4 

of    the    State — exception 4 

by    counties    9 

LOANS— 

application   of    10 

LOTTERIES — 

contracts    with    State    2 

prohibited    14 

M 
MANDAMUS— 

Jurisdiction         of         Supreme 
Court     6 

MESSAGES — 

of   the   Governor    5 

MILITARY— 

subordinate  to  civil  power  .  .  2 
quartering    2 

MILITi...— 

Governor  may  call  out   5 

persons    liable    to    duty     ....13 

organization    of    13 

election    of    officers    13 

volunteer    companies    13 

privilege    from    arrest    13 

appointment  of  officers  ....13 
public    arms    and    records.  ...  13 

MINISTERS — 

support    of    2 

MISDEMEANOR— 

prosecuted,   how    2 

in    office    14 

MUNICIPAL   CORPORATIONS— 

extending  limits    4 

loaning  credit  prohibited  .  .  4 
loaning  credit  prohibited....  9 
subscriptions  by,  prohibited.  9 
payment  of  indebtedness....  9 
property  exempted        from 

taxes   10 

taxation   10 

Indebtedness  limited   10 

for   waterworks,    etc.,    in    cer- 
tain   cities    10 

private    property    not   sold    to 

pay    debts    10 

See    Cities. 

MURDER — 

bailable,    when    2 

bailable,      except    murder      In' 
the   first   degree 2 


Sec. 
31 

37 

38 
39 
12 
13 


14 
14 

4 
4 
4 
5 

30 
5 

15 


3 
15 
16 


47 

45 

6 


15 
10 


10 

27 
27 

7 
1 
2 
3 
4 
5 
6 


12 
7 

1 

47 

6 

6 

19 

6 

9,  10 

12 

12a 

13 


24 

24 


N 

NEGROES —  Art.        Sec. 

schools  for 11  3 

NOLLE   PROSEQUI— 

not  a  bar,  when    2  23 

NON-RESIDENTS— 

lands,    how    taxed    14  1 

O 

0.\TH   OF  OFFICE— 

members      of      General        As- 
sembly         4  15 

generally     14  S 

OBLIGATION    OF   CONTRACT — 

laws    impairing    2  15 

OFFICE:      See     Vacancy  r»  Office- 
no  religious  qualification  ....  2  5 

contract    with    State    2  15 

members    of    Legislature    dis- 
qualified      4  15 

vacancy    in,    filled    by    Gover- 
nor     14  5-8 

aliens,    etc.,   cannot   hold    ....  8  12 

eligibility    8  12 

OFFICERS— 

must  give   time   to   duties....    2  IS 
collectors  and  receivers,  fail- 
ure  to  account    2  19 

not    eligible    to    Legislature..    4  12 

extra  pay  prohibited   4  48 

commissioned    bv    Governor..    5  23 
of  U.   S.   not  eligible   to   State 

office    14  4 

removal    for    misdemeanor.  .14  7 

appointment    of,     generally ..  14  9 

municipal,  extra    9  14 

cannot    hold    two    offices.  ...    9  18 
existing    continued    in    office 

Sc/i 6 

OPINIONS— 

of    Courts    of    Appeals    6  15 

of       Courts       of       Appeals — 

amendment    to    6 

of    Supreme     Court,     publica- 
tion of   6        43.  44 

ORDINANCE   OF    1865 10  14 

P 

PARDON— 

for  acts  done   under   military 

authority    11  2 

power  to,  vested  in  Governor.   5  8 

PAUPERS— 

cannot     vote S  8 

PEOPLE— 

origin    of    political    power    .2  1 

regulation  of  internal  affairs.    2  2 

PERJURY'— 

by    legislators     4  15 

PERSONAL    LIBERTY' — 

a  natural  right 2  4 

violating   right  of    2  4 

not  to  be  deprived  of  without 
due  process    2  30 

PETITION— 

right    of    2  29 

POLITICAL  POWER— 

origin  of 2  1 

PRACTICE — 

in  Courts  of  Appeals 6  15 

in    probate   courts    t;  35 

PREACHERS — 

support    of    2  6.7 

PRELIMINARY'    EXAMINATIONS— 

under   bill    of    riglits.   Si/i 17 

PRESIDENT    OF    SEN.ATK     ....    5        17.18 

PRIESTS— 

support    of    2  6.  7 


INUKX  TO  MlSSOrui   CONSTITUTION. 


71 


Art.       Sec. 
PRIVATK  PROPKHTY— 

taken    fur   prlvulu    use    2  20 

PROBABLK  CAUSE — 

tor  st'urches  and  seizures....    2  11 

PROBATE  COURTS — 

Jurisdiction,    practice,    clerks^;    6        34.  35 
existence    continued.    Sch....'.   ..  3 

PROCESS— 

In  criminal  oases    2  22 

to   run    In    name  of  State....    6  38 

PROPERTY— 

enjoyment  of 2  4 

PROSECl'TIONS- 

by    Indictment    2 

In   name  of  Slate 6 

PUBLIC    L.A.NDS— 

disposal  of  by   U.  S 14 

taxing    14 

PUBLIC  MONEY:  See  School/mmd— 
statement   of    receipts,    etc...  10 
not  to  be  used  to  support  re- 
ligion          2 

Krant   of.    prohibited    4 

Governor   to  account   for 5 

how  disbursed   4 

deposit    of 10 

treasurer's  accounts    10 

speculation    In    10 

PUBLIC  RECORDS — 

where  and  by  whom  kept.  ...  5 

PUBUC    USE— 

a  Judicial   question    2 

property    taken    for 2 

PUNISHMENTS — 

cruel,     prohibited     2 

Q 
QUORUM— 

In    General     Assembly     4 

In   Supreme   Court    6 

In    Courts    of    Appeals    6 

QUO    WARRANTO— 

Jurisdiction  of        Supreme  ! 

Court      6  3    . 

of       Courts       of       Appeals — 

amendment ...6  12    i 

R  I 

RAILROADS— 

State  lien  not  to  be  alienated  I 

4  50  I 

subacrlptlons    by    munlclpall-  ' 

ties   9  6 

tnxintr    10  5  I 

dl.icrlmlnatlon     12   12,14.23 

oiimmutatlon    tickets    12  12  | 

construction      of.    freight      of  ' 

othiT     roads     12  13 

are    public    highways    12  14 

to   keep   public  office    12  15  ' 

meeungs    and    reports    12  15  1 

property     subject  toexecutlon. 12  16  ' 

conanlldation         with        other  ' 

companies    12        16,17  , 

iaw.i    in    aid    of     12  19  . 

street    railroads     12  20  , 

benefit   of    future    legislation .  12  21  , 

officers    not    to    be    interested  j 

in    business    of    road     12  22  i 

not    to   grant    free     passes    to 

officers    12  24  ! 

RECORDS — 

of  Supreme  Court    6  21    t 

REDRESS  OF  INJURIES    2  10    , 

I 

REGISTRATION —  '• 

of    voters    -...---. .8  5    i 


12 
3S 


7 
46 
10 
43 
15 
16 
17 


20 
21 


18 

5 

14 


Art.  See. 
RELIGION:      See    C/iurcAes- 

freedom    of    worslilp    2  5 

religious  (luallllcution 2  5 

IndivlduiiLs.    support    of 2  6 

no    aid    by    State    2  7 

no   discrimination   ugulnst    . .    2  7 

RELIGIOUS  CORPORATIONS — 

how    created     2  8 

holding    real    estate    2  8 

REMEDY— 

iiffordeil     for    Injuries 2  10 

law    Impairing    2  15 

REMONSTRANCE — 

right  of    2  29 

REPRESENTATION— 

of    new    counties 9  3 

REPRESENTATIVE  DISTRICTS — 

division    of    counties 4  3 

alteration,    contiguity    4  9 

REPRESENTATIVES:     See    5<-ri- 
ators — 

election    and    appointment...    4  2.8 

eligibility    4  4 

number  until  apportionment.    4  8 

time    of    electing 4  10 

cannot    hold    another    olTlce..    4  12 

removal    vacates    office 4  13 

oath    of    office 4  15 

compensation    of     4  16 

RESTRAINT  OF  TRADE — 

In    general     2  4 

RETROSPECTIVE    LAWS    2  15 

REVENUE — 

to      be      paid      into      treasury, 

how   paid  out 4  53 

See  Taxation. 

REVISION    OF    LAWS 4  41 

RIGHTS— 

of    persons     2  4 

of    conscience     2  5 

of    suffrage    2  9 

to   bear  arms 2  17 

of  petition  and  remonstrance  2  29 

reserve    2  32 

RIVERS —                                                    ,  , 

jurisdiction    of 1  1 

common    highway 1  1 

ROADS  AND   HIGHWAYS — 
special   tax   levy   for.  author- 
ized     10  111 

RULES — 

of  General   Assembly    4  li 

S 

.ST.    LOUIS— 

mav   extend  limits    9  20 

adoption    of    charter    9        20,  23 

courts  of    9  24 

subject   of   general   law 9  25 

ST.    LOUIS    COURT    OF    APPEALS— 

Jurisdiction     of     6  12 

appeals   to  Supreme  Court    .  .    6  12 
number.      election.       etc..      of 

Judges     6  13 

quorum,  terms  of  court,  etc..    6  14 
rules    of    practice,    opinions..    6  15 
terms  of  llrst  Judges,  presid- 
ing   Judge     6  16 

appointment     6  I* 

clerk  of  court    6  18 

cases  Supreme  Court  certified 

to     6  19 

when  cases  triable 6  20 

appellate    jurisdiction 8  27 

applicable      to    Kansas      City 

Court  of   Appeals 

See   Amendment   to  Article   6. 


72 


INDEX  TO  MISSOURI   CONSTITUTION. 


SALARIES:     See  Fees—  Art. 

of    executive    officers 5 

of    judges     6 

SCHEDULE — 

to  talie  effect  at  once,   Sch 

SCHOOL  DISTRICTS— 

not  entitled  to  public  money, 
wiien    11 

SCHOOL  FUND— 

in    general 11 

disbursement  of    11 

certain    districts    not    entitled 

to    11 

deficiency    in    11 

county    school    fund    11 

investment   of    11 

certificates      of    indebtedness 

to     10 

SCHOOLS:      See  Educational— 

exempt   from  taxation    10 

SEAL   OF   STATE    5 

SEAMEN— 

cannot   vote    8 

SEARCHES   AND    SEIZURES— 
security    from  2 

SEAT  OF  GOVERNMENT — 

not  to  be  removed   4 

SECRETARY   OF   STATE — 

of    the    executive    department   5 

to   reside   at   capital    5 

election   and    term    5 

returns — ties,   how  determined   5 

qualifications  of    5 

custodian    of    seal     5 

to   authenticate    acts   of   Gov- 
ernor        5 

duties    of     5 

SECTS— 

support     of     2 

SELF-CRIMINATION     2 

SELF-GOVERNMENT — 

in     general     2 

SEMINARY  FUND— 

certificates      of    indebtedness 
to    10 

SENATE — 

president    of — pay,     etc 5 

SENATORIAL  DISTRICTS — 

in    general     4 

division    of   counties    4 

alternation,    contiguity 4 

SENATORS:    See  Reprrsenlalives— 

limited    to    thirty-four    4 

eligibility    4 

apportionment    4 

time    of    electing 4 

cannot    hold   another   office..    4 

removal  vacates  office   4 

oath    of    office    4 

compensation     4 

SHERIFFS:      Sec    Coroner— 

election  and   appointment  of.    9 
vacancy    9 

SLAVERY— 

prohibited     2 

SOCIETIES- 

not    taxed    10 

SOLDIERS— 

cannot    vote    8 


Sec. 
24 
33 


14 


9,  10 


6 

20 


11 
56 


1 
1 
2 
3 
19 
20 

20 

21.22 


26 


,  11 
6 


5 
6 
7 
10 
12 
13 
15 
16 


10 
11 


31 


11 


SPEAKER  HOUSE  OF  REPRE- 
SENTATIVES— Art.        Sec. 
to  act  as  Governor,  when.  ...    5  17 

SPECIAL  JUDGE— 

in     Supreme     Court     6  11 

in    Circuit    Court     6  39 

SPECIAL   LEGISLATION— 

prohibited     4  53 

notice  of  local   laws    4  o4 

SPECIAL   PRIVILEGES — 

irrevocable   grant  of    2  15 

STATE— 

cannot   support   religion    ....    2  7 

property   not   taxed    10  6 

payment  of  bonded  debt,  5<:A..    •■  8 

certificates   of   indebtedness.  .10  26 

STATE    AUDITOR— 

of  executive  department    ....  5  1 

to  reside  at  capital    5  1 

election,   term  of  office 5  2 

returns — ties,        how        deter- 
mined      5  3 

qualifications    5  19 

STATE   INSTITUTIONS — 

to    furnish       information       to 
Governor    5  22 

STATE   TREASURER:    See 
Treasurer — 

STATE  UNIVERSITY 11  5,6 

STAY    LAWS— 

unconstitutional    2  15 

STREET    RAILROADS     12  20 

SUBSCRIPTIONS:        See    Loaning 
Credit— 

by    State    prohibited    4  49 

by   municipalities   prohibited.    9  6 

SUFFRAGE:      See  Elections— 

right  of  not   to  be  interfered 
with    2  9 

SUICIDES — 

estates  not  to  be  forfeited...    2  13 

SUPERINTENDENT  PUBLIC 
SCHOOLS— 
of  executive  department    ....    5  1 

to   reside   at   capital    5  1 

election,    term,    etc 5  2 

returns — ties.        liow        deter- 
mined        5  3 

qualifications    of     5  19 

SUPREME   COURT — 

jurisdiction 6  2,  3 

may   issue  writs   6  3 

also  sec.   3.  amendment  1890. 

judges,    term    6  4 

number    of    judges,      quorum. 

duties    6  5 

also  sec.  1.  amendment  1890. 

qualifications    6  6 

full    terms,    appointment    ....    6  7 

also  sec.  2.  amendment  1890. 
terms    of    present    judges....    6  8 

time    and    place    of    court....    6  9 

accommodation     for     6  10 

judges    divided    in   opinion    .  .    6  11 

also  sec.  4,  amendment  1S90. 

special    judge     6  11 

clerks  and  records   6  21 

decisions   of    6        43.  44 

division  to  be  dispensed  with. 

amendment    1890 6  5 

Inconsistent      provisions      re- 
pealed, amendment  1890....    G  S 

T 

TAXATION— 

of  corporations    2  15 

of  corporations    10  2 

of  U.   S.    lands    14  1 


iNi>i;.\  TO  .Missoi-iu  coNSTrnrioN. 


TAXATION— Continued— 

,  .  .  Art. 

or  non-ri'sldents   14 

laxlns    power ! .      10 

for      public      purposes    to    b« 

uniform    10 

In   proportion   to  value    ..."      10 

of    railroads    in 

••xeinptlon.s ! .  .  .  10 

ralf  for  State  purposes..  lo 

llaMllty  of  munU'lpalltles  .  lo 
for  iiiunlclpal  purposes  ..  jo 
rati's  for  local  purposes.  ..         lo 

for    road    purposes     10 

under    onlinance    of    1895  lo 

to    pay    State    debt 'lu 

rate    to    pay    Interest    on    cer- 
tllkates     of     Indebtedness.  .10 

TEACH KH— 

of   rellfjion    2 

TERMS  OK  coraT— 

of  Supr.im-  Court..  .  .  r, 

of  Courts  of  .Appeals.  . « 

of  Circuit  Courts .',]    ,; 

TERMS  OK  OKKICE 

In  Keneral    i  » 

In  Reneral    .' J 

not   to   be  extended ........ ..n 

TOWNS— 

orpranlzatlon     and     clnssinca- 
tlon ,, 

TOWNSHIP    ORGANIZATION...    9 

TOWNSHIPS— 

subscriptions    prohibited 9 

TRA11E— 

restraint  of , 

TREASON— 

detlned.   punishment ■• 

TREASl'RER- 

of  executive  department  ", 

to  reside  at  capital...  "  "    H 

•"lection,    term   of  office    ^ 

re-election  of  .  . .  '  '  " '    5 

returns  of  election— tlo.   how 
determined   ...  r 

aualincatlons  of   .    5 
eposit  of  State  funds!.' lo 

accounts  of ."  '    10 

TRIAI^- 

to   be  spei-dy   and    public 2 

TRIAL  BY  JURY:     See  jMry- 

riKht  of    -^         , 

In  Supreme  Court ......'.'.'.'..'   i 


1 
1 

3 
4 

5 

6.  7 

8 

9 

10 

11 

11a 

14 

14 

26 


6.  7 


9 
14 
22 


5 
14 

S 


8,  9 


13 


3 
19 
15 
16 


2.S 
3 


TKIAI.   liV   J  tUV— Continued- 


Art. 


In  exercise,   right  of  eminent 
domain 1' 

TWICE    IN    JEOPARDY j 

U 

USE:     See   Prifaleand  PuHii  uk. 

V 

VACANCY  IN  OKKICI>— 

^r";"'  pf  election  to  Hll 4 

filled    by  Governor  ^ 

of  circuit  JudRes. .  .       g 

of  JudKe.s  KeneralH- .  .  .'.\ c 

of  sheriffs  and  eoroner.s. .  .W.  9 

VERDICT- 

reversal,   retrial  of  accused..    2 

VESTED    RIGHT— 

right  to  vote  Is  not 2 

resldence      change     not     to     af- 
fect,  when    \ 

WAR   DEBT—  ^^ 

payment  of 4 

WARRANT— 

for  searches  and  seizures 2 

WITNESSES— 

no   religious   qualification  " 

In   prosecutions   for   treason    '  » 

r  Kht  to  meet  face  to  face        '  •> 

right   to  process ',',\\  '> 

WORSHIP — 

religious o 

WRITS — 

Issued   by  Supreme  Court.  6 

Court  of  Appeals g 

to  run  In  name  of  State.....  6 

WRITS  OK  ELECTION— 

to  fill  vacancy  in  General  As- 
sembly           J 

WRITS  OP  ERROR— 

where  returnable.  SiH 


Y 

YEAS  AND  NAYS— 

demanded,    proceedings  4 

on   final    vote  on   bill..  '    1 

on  amendments 4 


7a 

Sec. 
4 

2.1 


14 
11 
29 
32 
U 


52 
II 


5 
13 
22 
22 


3 
12 
3S 


14 
7 


42 
31 
32 


PART  I. 


STATE  STATUTES. 


COMPII.ATIOX   OF   LAWS  OF  THE  STATE  OF 

iMISSOURI.  SPECIALLY   APPLICABLE 

TO  THE  CrrV  OF  ST.  LOULS. 

(ANNOTATED). 


A    COMPILATION     OK     LAW^S 

-OK    llllC- 

STATE  OF  MISSOURI 

>l'Ki.'lALL1     Arii.Ii    Vltl.H    TO    Itik 

CITY    OF    ST.    LOUIS,* 

Including  those  passed  in    1907    by    the   44th   General  Assembly. 

CONTENTS. 

Chapter    1    — Advertiseuieiits.  legal. 
2   — Animals,    restraint    of. 
2a — Art    Museum, 
:'.  — Bonds,  indemnifying,  to  officera. 
4   — Bridges  and  Tunnels, 
."i    —Courts. 

Article   I — Attornc.vs.  circuit  and   prosecuting. 
II — Circuit  Court. 
HI — Probate  Court. 

IV — St.  Louis  Court  of  Criminal  Correction. 
V — Juries. 
VI — Justices  of  the   peace  and   constables. 
VII — Juvenile  Courts. 

*Lbw«  ■p<<rlall|r  sppllrable  to  City  of  St.  Loula.  when  valid,  and  when  Toid,  on  the  grronnd 
of  beloc  nperlal  anil  local. 

Ill  TA*.  /(>.'/'...(  ;«.C  :«'*''*•  upheld  as  not  deiHt  obnoxiofi  to  the  constitution  as  spfciat  /rz'station.  or 
tmal  A>». 

jHitnilf  Court  Aft.  Kx  partr  lyovine  178  Mo..  1!M.  with  full  discussion  of  the  cases 
on  the  ^enrral  subject. 

RfgistratityH  and  Election  Law:  Stale  ex  rel.  \'.s.  Mason,  155  Mo.  480;  Hwtng  vs. 
Hobllzellu.  S9  Mo..  64. 

Metropolitan      Police       Act:        State  ex   rel.   vs.  Mason.   163  Mo..  23.  52. 

Juilices  of  tkt  Peace  and  Constables  Act:  Spauldln^  VS.  Brady.  128  Mo.  G53  and 
<'aao9  cited. 

Shtrijf    Act:       Kenellck  vs.  St.  I>ouis.  127  Mo.  1. 

Uramshop:  See   cases   cited    In    Chap.    8   of    these    laws,    sec.    229-236;    also    State    ex 

r.|  vs.  Bell.  119  Mo.  70.  76. 

Sckool      Board      Elections:         State  ex   rel.   vs.   Miller.    100  Mo.   439. 
(i>     Legislation  field  I'oid  as  special  and  local: 

Probate     Judge     on      Salary:       Henderson   vs.   Koenl^.    16S   Mo.    356   and  see   cases   there 
lied. 

Election  Ijsw  provldlnK  a  severer  penalty  for  St.  Louis  than  provided  by  g■■n^nll 
»w  on  same  subject:     State  v-s.   Ansllnger.   171    Mo.   600. 

/toulefard  Act.  prohibiting  anv  but  residences,  etc..  on  certain  streets:  St.  l/>iils 
»«    Dorr,  145  Mo,  466. 

Recmiltuclion  ol  Streets.  special  tax  bill — cost  unlimited — Murnane  vs.  St.  LiOiils. 
IJl  Mo    479, 

Amendment  ol  St.  Ijtuit  Charter  hv  Implication:  Murnane  v.s.  .St.  I»iils.  123  Mo. 
Kit.  St,  I.OI11S  vs,  Iifirr.  1(5  Mo,  466,  (The  doctrine  of  these  cases  forblddlnR  special 
amendment  by  the  legislature,  of  the  city's  charter,  on  municipal  s\ihject  was  siib!<e- 
qaentlv  r.,.  .  ,I».|  from,  and  It  Is  now  held  that  St.  Louis  Is  not  In  any  one  of  the  classes  of 
cHI<'»  \  bv  the  constitution,  hut  Is  orjranlr.ed  directly  under  Sees,   10-25  of  Art. 

IX  or  mtlon:      State  ex    rel,    vs.   Mason.    153   Mn,    loc,    clt,    52;      Kansas  Pity   v.s. 

SICKnii,,         .Mo.   1S9.  204:  .State  ex   rel.   vs.  Mason.  155  Mo,   4SG.  and  other  cases,        i^ee 

on  this  point  introductory  note  "General  Considerations  on  Charter."  at  beglnnlnff  of 
•hatter  provisions,  and  as  to  amendment  see  Chart,   .^^t,   XVT.  sec,    19.) 

Jadlrlal  Notice  Is  taken  by  the  courts  that  St.  liouls  Is  the  only  city  to  which  an 
act  ADpll.  >ibl..  "to  cities  of  300.000  Inhabitants  or  over"  will  apply:  State  vs,  Ansllnifer. 
ni    Mo     sort.   «10;   Stat4.   .-x   rel.    vs.    Miller.    100   Mo.    439.    4iO, 

,Vn.l  that  St.  I>inls  Is  a  separate  political  sub-dlvlslon  of  the  State:  .State  vs. 
Nolle,  96  Mo  ..Vpp.  524;  hence  all  appeals  to  which  the  city  Is  a  party  fio  to  the  Supreme 
Court       S.>e  Charter  Art.   XVI.  Sec    6.  and  note. 

As  to  Judicial  notice  of  the  Charter  see  note  on  "General  Considerations  Respecting 
llie  Charter."  Introductory  to  the  Charter. 


78  STATE   LAWS  Sl'EClALLY   APPLICABLK  TO   ST.   LOUIS.  [CHAP.    1. 

Chapter   5a — Crimes. 

6  — Damage  suits. 

7  — Dentistry. 

8  — Dramshops,  Excise  Commissioner. 

9  — Election   and   registration. 

Article   I — Miscellaneous  provisions. 

II — Board  of  Election  Commissioners  created — registration 
and  conduct  of  elections. 
Ill — Primary  elections  not  covered  by  act  of  1907. 
IV — Primary   elections   in   general. 
Chapter    10 — Firemen's  pensions. 
11 — Flour,  inspection  of. 
12 — Holidays,  Saturday  half. 
13 — Hospital,  social  evil. 
14 — House  of  Refuge. 
15 — Laws,   construction    of. 
16 — Libraries,  free  public. 
17 — License  Collector. 
18 — Liquors. 
19 — Markets,  public. 
2  0 — Medicine  and  Surgery. 
21 — Moneys,  public. 
22 — Morgue,  establishment  of. 
23 — Parks. 
24 — Police. 

Article  I — The  police  act  creating  board  and  authorizing  appoint- 
ment of  force. 
II — Pensions  of  policemen. 
Ill — Holidays,  to  officers  of  police. 
IV — Special  police  officer  of  Humane  Society. 
Chapter   2  5 — Pharmacy,  practice  of. 

26 — Revenue,  assessment  and  collection  of. 
Article  I — Assessment   of   property. 
II — The   collector. 
Ill — Settlements  of  collector. 
IV — Delinquent  and  back  taxes. 
V — Assessment  and  taxation  of  railroads. 
VI — Taxation  of  merchants  and  manufacturers. 
Chapter   27 — Schools,  public. 

Article   I — Board  of  Education  created  to  establish,  maintain   and 
govern  public  schools  of  the  City  of  St.  Louis. 
II — Pension  and  retirement  fund. 
Chapter   28 — Sanitary    districts   and    sewers. 

2  9 — Sheriff  and  Coroner. 
30 — Smoke  abatement. 
31 — Stenographers. 

Article   I — Stenographers    in    cities    and    counties    having    350,000 
or  more  inhabitants. 
II — Stenographers  in  counties  having  jurisdiction  in  felony, 
in  cities  of  over  100.000  inhabitants. 
Chapter  3  2 — Street  grades,  establishment  and  change  of. 
33 — Street  railroads. 
33a — Subways. 

3  4 — Tobacco  and  petroleum  inspection. 
35— World's  Fair. 


CH.APTER  ONE. 

ADVERTISEMENTS — LEG.\L.  * 

Section  1.  Advertisements  to  be  let,  when  and  how. — In  all  cities  having  a 
population  of  more  than  one  hundred  thousand  inhabitants  a  board  consisting  of 
the  judges  of  the  circuit  court  of  such  cities,  or  of  the  judicial  circuit  in  which 
such  city  is  situated,  or  a  majority  of  the  same,  shall,  on  or  before  the  first  day 
of  January,  1890,  and  every  two  years  thereafter,  cause  to  be  published  in  some 
daily  newspaper  of  said  city  a  notice  of  at  least  twenty  days,  designating  when 
and  where  said  board  will  receive  sealed  projiosals  from  daily  newspapers  pub- 
lished in  said  city  for  the  publication  of  all  advertisements,  judicial   notices  and 

•For  contracts  for  City  Printing-  see  Charter  Art.  XV.  and  for  city  ordinances  see 
P.  C.  Sees.  2036-2046.  The  above  State  aet  applies  to  publications  pertaining  to  judicial 
proceedings,  and  does  not  include  sales  bv  trustees  under  deeds  of  trust:  Dart  v. 
Bagley,  110  Mo.  42. 


CHAP   2.]  STATIC   LAWS  SPEClAr.I.Y   APPLICABLK  TO  ST.   LOUIS.  70 

orders  of  publication  required  by  law  to  be  made.  At  the  tinif  and  place  so 
designated,  said  board,  or  a  majority  tliereof,  shall  proceed  publicly  to  open 
said  bids,  and  shall  award  the  printiiiK  of  all  said  publications  to  the  newspaper 
naming  the  lowest  and  best  bid:  Priiviili'd.  houever.  first,  that  said  bid  shall 
be  accompanied  by  a  good  and  sufficient  bond,  in  a  sum  to  be  fixed  by  said  board, 
conditioned  for  the  correct  and  faithful  publication  in  said  newspaper  of  all  said 
advertisements,  notices  and  orders,  in  manner  and  form  as  required  by  law,  and 
according  to  the  schedule  of  rates  named  in  said  proposal,  and  upon  said  bond 
suit  may  be  Instituted  in  the  name  of  the  Slate,  to  the  use  of  any  person  aggrieved; 
second,  that  no  paper  shall  be  awarded  the  contract  for  said  publication,  unless 
It  have  a  bona  fide  daily  circulation  in  number  of  copies  equal  to  at  least  five 
per  cent  of  the  total  population  of  such  cities  as  shown  by  the  last  United  States 
census;  third,  that  in  case  said  board  shall  believe  that  said  bids  are  not  sufficiently 
definite  or  specific,  or  that  in  consequence  of  combinations,  or  from  any  cause, 
said  bids  are  unreasonably  high,  it  shall  be  at  liberty  to  reject  all  proposals,  in 
which  case  it  shall  proceed  at  once  to  re-advertise  for  proijosals,  as  hereinbefore 
provided.      (R.  S.   1899,  sec.   4t;92.) 

Sec.  2.  l'r<K-e«'(linKs  wlieii  contract  expires. — In  case  said  award  for  said  pub- 
lication shall  not  be  made  until  after  the  then  existing  contract  for  said  printing 
shall  have  expired,  the  parties  interested  may,  or  in  case  of  proceedings  pending  in 
court,  the  clerks  thereof  shall  designate  in  what  newspaper  the  publications  re- 
quired in  the  meantime  to  be  made  shall  be  printed;  atul  provided,  further,  that 
In  case  of  the  suspension  of  the  newsi)aper  to  which  such  contract  shall  have  been 
awarded,  or  in  case  the  said  contract  shall  determine  from  any  cause,  the  said  board 
may  proceed,  in  the  manner  hereinbefore  stated,  to  make  a  new  award  of  the  pub- 
lication of  such  notices,  without  waiting  the  expiration  of  two  years.  (R.  S.  1899, 
sec.  4693.) 

?ec.  3.  Advertisements  valid,  when.-  The  publication  of  said  advertisements, 
orders  and  notices,  if  made  as  aforesaid,  in  the  newsjiaper  so  designated  by  said 
board  or  clerk,  shall  be  valid  and  sufficient.  Hut  nothing  in  this  chapter  contained 
shall  Invalidate  a  publication  of  said  notices,  orders  or  advertisements  published; 
by  mutual  consent  and  agreement  of  parties  in  interest,  in  some  other  newspaper; 
but  all  publications  so  made  and  agreed  upon  shall  be  as  lawful  and  binding  as 
though  made  in  the  newspaper  so  designated  by  said  board  or  clerk.  (R.  S.  1899, 
sec.  4694.) 

CH.APTER  TWO. 

ANIMALS— UESTHAINT  OF  • 

Sec.  1.  Certiiiii  animals  ]>r(>hil>iled  from  running;  at  larfje. — It  is  hereby 
enacted  that  in  the  city  of  St.  Louis,  and  in  the  county  of  St.  Louis,  it  is  unlawful 
for  any  animal  of  the  species  of  horse,  cattle,  mule,  ass,  swine,  sheej),  or  goat  to 
run  at  large  or  outside  the  inclosure  of  its  owner,  or  be  herded  on  land  other  than 
that  of  its  owner;  and  whenever  any  such  animal  shall  be  found  so  running  at  large 
or  outside  of  the  inclosure  of  its  owner,  or  being  herded  on  land  other  than  that  of 
Its  owner  in  said  city  or  county,  it  shall  be  lawful  for  any  citizen  of  such  city  or 
county  to  arrest  the  same  and  deliver  it  forthwith  to  the  constable  of  the  ward  or 
township  or  any  marshal  of  any  city  or  town  in  which  it  was  arrested,  and  such 
constable  or  marshal  shall  receive  and  take  charge  of  it;  and  it  shall  be  the  duty  of 
every  constable  or  marshal  of  such  city  or  town,  upon  information  given  him  by  any 
citizen  of  such  city  or  town,  and  the  duty  of  every  constable  of  said  county,  ui)on 
information  given  him  by  any  citizen  of  said  county,  that  any  such  animal  is  run- 
ning at  large  or  outside  of  the  inclosure  of  its  owner,  or  being  herded  contrary  to 
the  provisions  of  this  article  in  the  respective  localities,  to  arrest  the  same,  and  to 
take  all  such  animals,  whether  arrested  by  him  or  by  a  citizen,  without  delay  before 
some  justice  of  the  peace  within  the  jurisdiction  of  such  constable  or  marshal, 
which  justice  shall  record  the  size,  color,  age,  sex,  marks  and  brands,  and  any 
peculiarity  of  such  animal  by  which  Its  owner  would  ntore  readily  recognize  it,  and 
when  said  description  Is  so  entered,  it  shall  be  the  duty  of  such  justice  to  issue  a 
notice,  returnable  in  four  days,  directed  to  all  whom  It  may  concern,  reciting  the 
fact  that  such  animal  has  been  arrested  and  Impounded  In  accordance  with  this  act, 
and  containing  the  description  of  such  animal,  and  that  the  same  will  be  advertised 
for  sale  if  not  redeemed  within  four  days  from  the  date  of  such  notice,  one  coi)y  of 
which  notice  shall  be  posted  In  or  near  the  office  of  such  justice  by  the  constable  or 
marshal,  and  another  copy  of  such   notice  shall   be  served   by   the  constable  or 

•S>>t  out  In  Rt'V.  St.  1S99.  pnKrs  25o7-2.'i59.  See.  for  kpiituI  Stnto  law.  I^ws  1905. 
p.  47;  Ijiw.i  1907.  p.  6.i:  Rpv.  St.  1,S99.  S«-cs.  4767-4776;  for  Schcnn-  and  Cluirter  provl.slona 
••e  Scheme,  .-Vrt.  35;  Charter  Art.  III.  Sec.  26.  clause  9;  ordlnniice.s,  see  Rev.  Code.  Sees. 
I»7t,  1677,  1578  and  notation. 

The  above  State  act  Is  constitutional:     State  to  use  vs.   Aubuchon,   S  Mo.   App.   .125. 


80  STATE   LAWS  SPECIALLY   APPLICABLK  TO  ST.    LOUIS.  [CHAP.    2. 

marshal  ou  the  ownei-  or  owners  of  such  animal,  if  they  be  known,  in  like  manner 
as  a  summons  in  a  civil  suit,  and  another  copy  of  such  notice  shall  be  by  him 
delivered  to  the  officer  having  charge  of  stray-books  in  his  jurisdiction  and  be  by  him 
immediately  recorded  in  his  book  of  strays  and  return  such  notice  to  such  justice. 
(Laws  1S7  7,  p.  19^,  sec.  1.) 

Sec.  5.  Sale  of  animal,  when  (lireited  and  liow  conducted. — It  shall  be  the 
duty  of  such  justice,  on  the  return  day  of  such  notice,  the  same  or  another  notice 
issued  by  such  justice  having  been  first  returned  executed  by  such  constable  or 
marshal,  unless  such  animal  shall  have  been  redeemed,  to  adjudge  whether  such 
animal  was  arrested  in  accordance  with  the  provisions  of  this  chapter,  and  it  so,  to 
make  an  order  for  the  sale  of  such  animal,  and  direct  the  same  to  such  constable 
or  marshal,  whose  duty  it  shall  be  to  give  notice  of  such  sale  by  hand-bills  contain- 
ing such  description  of  the  animal  to  be  sold,  and  the  time,  terms  and  place  of  sale, 
which  hand-bills  shall  be  put  up  by  such  constable  or  marshal  at  five  of  the  most 
public  places  in  the  county,  township,  ward,  town  or  city  for  which  such  constable 
or  marshal  may  be  acting,  and  deliver  or  send  one  to  any  person  who  such  constable 
or  marshal  has  reason  to  believe  is  the  owner  of  such  animal.  Such  sale  shall  be  to 
the  highest  bidder  for  cash  at  public  vendue,  and  so  advertised  for  at  least  four 
days  before  the  same  takes  place.  Such  constable  or  marshal,  in  the  meantime, 
shall  securely  keep  such  animal  in  some  place  provided  by  him  for  that  purpose, 
and  feed  the  same  plentifully.     (Laws  1S77,  p.  194,  sec.  2.) 

Sec.  6.  Release  of  animals,  when  claimed. — Whenever  any  person  shall  claim 
such  animal  so  held,  and  make  application  for  the  return  of  the  same  before  sale, 
such  justice,  upon  being  satisfied  that  the  person  so  applying  is  the  owner  of  the 
same,  shall  make  an  order  for  the  delivery  of  the  same  to  the  applicant  upon  the 
payment  of  the  costs  and  e.xpenses  incurred,  and  such  justice  shall  note  on  the 
margin  of  the  description  kept  by  him  of  such  animal,  the  date  of  such  order  and  to 
whom  given,  which  entries  shall  be  open  for  inspection  at  all  times  by  any  person, 
free  of  charge.      (Laws  1877,  p.  195,  sec.  3.) 

Sec.  7.  Certificate  to  he  given  in  ca.se  of  i-edeniptiou. — When  such  animal  is 
redeemed  at  any  time  beiore  sale,  such  constable  or  marshal  shall  give  to  the  party 
redeeming  the  same  a  certificate  of  redemption,  and  include  In  the  same  a  bill  of  all 
costs  and  charges  upon  such  animal,  which  costs  and  charges  shall  be  paid  by  the 
party  redeeming  the  same,  and  when  a  sale  shall  have  been  made  under  this 
chapter,  he  shall  give  to  the  purchaser,  upon  payment  of  the  amount  bid,  a  bill  of 
sale,  in  which  shall  be  state(i  the  amount  of  the  costs  and  charges  attending  the 
liroceedings,  which  bill  of  sale  shall  be  in  the  following  form: 

Sold,  this  day  of  ,  a  domestic  animal,  described  as  follow^s:    (here 

copy  description  in  notice),  for  the  sum  of  dollars,  the  receipt  for  which  is 

hereby  acknowledged — said  sale  having  been  made  in  conformity  with  the  stock 

law.     Cost  and  charges  $ .     ,  constable   (or  marshal), 

and  shall  be  prima  facie  evidence  of  the  regularity  of  the  proceedings  and  owner- 
ship of  the  animal;  and  the  owner  of  sucii  animal  at  the  time  the  same  was  arrested 
shall  be  entitled  to  redeem  the  same  at  any  time  within  six  months  after  the  day  of 
sale,  by  paying  to  the  purchaser  all  costs  included  in  the  bill  of  sale,  with  ten  per 
cent  per  annum  interest  and  the  other  costs  and  a  reasonable  compensatiou,  to  be 
determined  by  such  justice,  for  keeping  the  same;  but  before  the  purchaser  shall 
deliver  up  to  any  applicant  such  animal,  such  applicant  shall  obtain  from  such 
justice  a  certificate,  which  shall  be  noted  in  like  manner  as  an  order,  to  the  effect 
that  he  is  satisfied  that  such  applicant  is  the  owner  of  the  same,  and  upon  presenta- 
tion of  such  certificate  to  such  purchaser  by  such  applicant,  he  shall  have  the  right 
to  redeem  such  animal,  and  no  person  purchasing  at  such  sale  shall  sell  such  animal 
under  six  months  from  the  date  of  such  purchase,  under  a  penalty  of  double  the 
ralue  of  such  animal,  to  be  recovered  by  the  former  owner  in  a  civil  action.  And  in 
all  proceedings  under  this  article  any  party  demanding  the  same  shall  have  the 
right  of  a  trial  by  jury.     (Laws  1S77,  p.  195,  sec.  4.) 

Sec.  S.  Proceeds  of  sale,  how  disposed  of. — After  any  such  animal  shall  have 
been  redeemed  as  aforesaid,  the  purchaser  at  such  sale  shall  be  entitled  to  the 
remainder  of  the  proceeds  of  the  sale  of  the  same,  after  deducting  the  amount  of 
the  costs  and  expenses  paid  to  said  officers,  and  the  owner  of  such  animal  at  the 
time  the  same  was  arrested  shall  be  entitled  to  the  remainder  of  such  proceeds  of 
sale  after  a  like  deduction,  unless  he  shall  elect  to  redeem  the  same.  (Laws  1877, 
p.   195.  sec.  5.) 

Sec.  9.  Fees  of  officers. — There  shall  be  charged  and  collected  by  the  officers 
charged  with  the  enforcement  of  this  article,  the  following  fees:  The  constable  or 
marshal  shall  receive  for  each  head  of  horse,  cattle,  mule  or  ass  arrested  or  received 
by  him,  as  above  provided,  one  dollar,  and  for  each  head  of  swine,  sheep  or  goat, 
fifty  cents:  and  for  the  impounding  and  keeping  of  each  head  of  the  former  elasB, 
twenty-five  cents  per  day,  and  the  latter  class,  ten  cents  per  day,  and  a  reasonable 
eompensation,  to  be  determined  by  such  justice,  for  the  food  given  the  same,  and 
for  advertising  and  selling  the  same,  the  same  fees  as  are  allowed  for  selling  usd^r 


CHAP.  2A.)         STATK  LAWS  SPECIALLY   APPLICABLK  TO  ST.   LOUIS.  81 

executions  from  justices"  courts.  Such  justice  shall  charge  and  receive  the  sum  of 
ten  cents  per  hundred  words  and  figures  tor  all  records  had  in  the  proniisos,  and  the 
same  for  any  other  act  reciuired  to  be  done  by  him  as  may  bo  allowed  by  law  for 
similar  services  in  other  |>roceedings,  and  the  officer  for  recording  sucli  notice  Iho 
same  fees  as  for  recording  certificates  of  strays.  And  any  constable  or  marshal  who 
shall  fail  or  refuse  to  perform  any  duty  imposed  ujion  him  by  this  article  shall 
forfeit  his  office,  and  the  tribunal  having  power  to  (ill  such  vacancy  shall  remove 
hliu  and  appoint  another  in   his  place.      (Laws  1S77.  p.   196,  sec.  6.) 

Sec.  10.  Dispo.sitions  of  proceeds  of  sale. — The  proceeds  of  all  sales  provided 
for  in  this  article,  after  deducting  the  costs  and  charges  herein  allowed,  shall  be 
retained  in  the  hands  of  the  constable  or  marshal  making  such  sale,  and  his  suc- 
cessor in  office,  for  the  proper  payment  of  which  he  and  his  bondsmen  shall  be 
responsible,  which  net  amounts,  togetlier  with  amounts  paid  to  claimants,  shall  be 
rei)orted,  giving  dates  of  recei|)ts  and  payments  under  oath  or  affirniiition  by  him  at 
the  end  of  every  three  months,  beginning  on  the  first  day  of  ,Tuly,  1S77,  to  the 
treasurer  of  public  funds  for  his  jurisdiction,  and  if  such  balance  of  proceeds  of 
any  sale  remain  in  his  hands  for  the  period  of  one  year,  the  same  shall  be  paid  to 
such  treasurer  for  the  use  of  the  public  schools,  and  any  failure  to  pay  over  any 
such  sum  for  a  period  of  thirty  days  after  the  same  shall  have  become  payable  by 
him.  shall  subject  such  constable  or  marshal  and  his  sureties  to  the  payment  of  the 
same  and  interest  at  the  rate  of  ten  per  cent  per  month,  and  an  action  shall  be 
prosecuted  for  the  payment  of  the  same  in  the  name  of  the  state  of  Missouri  for  the 
use  of  such  school  fund.      (Laws  1S77,  p.   19(5,  sec.  7.) 

Sec.  11.  Aiiiiiial.s  from  ad.joiiiiiiK  county. — If  any  animal,  the  owner  of  which 
resides  in  a  county  adjoining  St.  Louis  county,  and  keeps  such  animal  in  such 
adjoining  county,  strays  over  the  southei-n  or  western  boundary  line  of  said  county 
anywhere  between  the  Mississippi  and  Missouri  rivers,  for  a  distance  not  exceeding 
one  mile  from  such  county  line,  the  same  may  be  arrested  by  any  citizen  as  provided 
in  the  first  section  of  this  article;  but  no  further  proceedings  shall  be  had  in  such 
case,  and  no  costs  or  charges  shall  be  enforced  against  such  owner,  unless  upon 
notice  given  him  in  writing  by  the  party  having  such  animal  in  charge,  that  the 
same  has  been  so  arrested,  and  he  fails  or  refuses,  for  a  period  of  two  days  after 
the  service  of  such  notice,  to  take  such  animal  out  of  St.  Louis  county.  (Laws 
1S77.  p.   196.  sec.   8.) 

CHAPTKR  TWO.  (A) 

AHT  ML'SICL'M.' 

Sec.  11a.  .Vuiliority  for  ta.\  for  ait  mii.seiim. — When  one  hundred  taxpayers 
of  any  city  in  this  state  which  now  has  or  may  hereafter  have  four  hundred 
thousand  inhabitants  or  more  shall  petition  the  proper  authorities  asking  that  an 
annual  tax  of  one-fifth  of  a  mill  on  the  dollar  annually  on  all  the  taxable  property 
in  such  city  shall  be  levied  for  the  establishment,  maintenance  or  extension  of  a 
museum  of  art  for  the  benefit  of  the  public  in  such  city,  and  shall  ask  that  the 
question  whether  such  a  tax  shall  be  levied  be  submitted  to  the  voters  of  the  city 
at  a  special  or  regular  election,  provided  no  special  tax  for  an  art  museum  shall 
then  be  subject  to  be  levied,  the  proper  authorities  shall,  if  the  petition  specify  a 
special  election,  call  a  special  election,  and  the  proi)er  authorities  shall,  in  legal 
notice  of  the  special  election  or  of  the  next  regular  election,  if  a  special  election 
be  not  specified  in  said  petition,  give  notice  that  at  such  election  every  voter  may 
vole  "for  a  one-fifth  mill  tax  for  the  art  museum."  or  "against  a  one-fifth 
mill  tax  for  the  art  museum."  and  if  the  majority  of  all  the  voles  cast 
In  such  city  upon  such  proposition  for  and  against  a  one-fifth  mill  tax 
for  the  art  museum  shall  be  for  the  lax,  the  tax  specified  in  such  notice  shall  be 
levied  and  collected  in  like  manner  with  other  general  taxes  of  said  city,  and  the 
proceeds  of  said  tax  shall  be  known  as  "the  art  museum  fund:"  Provided,  that 
such  tax  shall  cease  In  case  the  legal  voters  of  such  city  shall  so  determine  by  a 
majority  vote  at  any  annual  election  held  therein:  Provided  further,  however,  that 
when  a  majority  of  the  voters  of  such  city  shall  have  voted  for  a  one-fifth  mill  tax 
for  an  art  museum,  the  authorities,  officials  or  representatives  of  the  city  whose 
luty  it  shall  be  to  fix  the  tax  rate  for  such  city  shall  have  the  tax  for  an  art  museum 
at  the  rale  specified  In  consideration  in  fixing  the  tax  rate,  and  shall  so  fix  said  rate 
that  with  and  including  such  lax  for  an  art  museum  the  constitutional  limitation 
u|)on  the  taxing  power  nf  such  city  shall  not  be  exceeded.  (  L.tws  irMi7,  p.  94, 
sec.  1.) 


•Ttil.x  net  or  Mnrch  7.  lOiiT,  providing  for  tho  Art  Museum  (Sr.s.slim  Liiw.s  19i>7.  p.  94). 

11(1   not  apponr  In   llmo   to   hf   InrUiHod    In    nuiiKTlrul  orrler   In    tlu'  coinpilntlon.   .so   i.s   In- 

rl...l    h>-rf    with    nlphnhetlcal    li-ttiTS   nftor   the    numornls.      Thf   authority    conferrod    to 

It    the   qupstlon.    whcth.-r   tho    tax    for   tin-   art    museum    should    bp    Imposed,    to    tho 

<     was   pMTiised    hy    the    city    In    ordinance    229n.1.    approved    March    19.    1907.      The 

ri'siilted  In   favor  of  ili.'   tuv     mi. I   the   mo>i..iini   was  established  In   Forest   Park. 


82  STATE  LAWS  SPECIALLY   APPLICABLE  TO   ST.   LOUIS.  [CHAP   2A. 

Sec.  lib.  definition — Requirements. — An  art  museum  for  the  benefit  of  the 
public  for  the  purpose  of  this  act  shall  be  an  institution  for  the  collection  and 
exhibition  of  pictures,  statuary  and  other  ■norks  of  art,  or  whatever  else  may  be  of 
artistic  interest  and  appropriate  for  exhibition  in  an  art  gallery  or  museum,  for 
instruction  in  art,  and  in  general,  for  the  promotion  by  all  proper  means  of 
aesthetic  or  artistic  education,  which  shall  conform  to  the  following  requirements: 
The  exhibition  galleries  shall  be  open  free  to  the  public  under  proper  and  reason- 
able rules  and  regulations  during  suitable  hours  for  a  reasonable  number  of  days  in 
each  week,  including  as  a  usual  custom  public  holidays;  and  if  admission  fees  or 
charges  shall  be  collected  at  any  time,  the  amounts  thereof  shall  be  held  for 
expenditure  only  for  the  maintenance  or  extension  of  the  art  galleries  and  collec- 
tion or  other  proper  work  of  the  institution  as  specified  herein.     (lb.,  sec.  2.) 

Sec.  lie.  Appointment  of  board  of  control. — When  in  any  city  it  shall  have 
been  decided  by  a  vote  in  the  manner  provided  in  section  1  of  this  act  [sec.  11a 
supra]  that  a  tax  shall  be  levied  for  an  art  museum,  the  mayor  of  such  city  shall, 
with  the  approval  of  the  legislative  branch  of  the  municipal  government,  proceed  to 
appoint  an  administrative  board  of  nine  members  to  control  the  expenditure  of  the 
art  museum  fund,  unless  and  except  there  shall  be  at  the  time  already  constituted 
and  in  existence,  operation  and  authority,  an  administrative  board  endowed 
by  city  ordinance  or  other  legal  authority  with  power  to  occupy  or  administer 
public  property  devoted  by  law  to  the  uses  of  an  art  museum  located  in  a  public 
park  or  upon  public  property  by  virtue  of  municipal  authority:  and  if  there  shall 
be  such  a  board,  such  board  and  its  successors  shall  be  the  board  of  control  tor  the 
art  museum  fund  under  this  act  for  all  the  purposes  and  possessing  all  the  powers 
and  charged  with  all  the  duties  provided  for  such  board  in  this  act.  (lb.,  p.  95, 
sec.  3.) 

Sec.  lid.  Term  of  oflfice — removal. — Said  administrative  board  of  control 
shall,  when  appointed  by  the  mayor  as  provided  by  the  preceding  section,  immedi- 
ately assemble  and  elect  one  of  its  members  to  be  president,  and  elect  such  other 
officers  as  it  may  deem  necessary,  and  its  members  shall,  at  their  first  meeting, 
divide  themselves  into  three  classes,  holding  office  one-third  for  one  year,  one- 
third  for  two  years,  and  one-third  for  three  years,  dating  from  the  first  of  June 
following  their  appointment,  and  annually  thereafter  said  board  shall,  before  the 
first  of  June  of  each  year,  elect  members  for  the  class  whose  terms  are  then  expired 
ajid  to  fill  vacanices  in  other  classes,  and  said  board  shall  have  power,  by  and  with 
the  consent  of  the  mayor  and  the  legislative  branch  of  the  municipal  government 
of  said  city,  to  add  to  its  numbers  and  to  adopt  a  by-law  regulating  the  manner  in 
which  its  members  shall  be  chosen.  The  members  of  said  board  shall  hold  office 
for  three  years  and  until  their  successors  are  chosen,  and  no  member  of  any  board 
herein  provided  for  shall  receive  compensation  as  such.  The  mayor  may.  by  and 
with  the  consent  of  the  legislative  branch  of  the  municipal  government,  remove 
any  member  of  the  board  for  misconduct  or  neglect  of  duty,  and  no  member  so 
removed  shall  be  eligible  to  appointment  upon  said  board  thereafter.     (lb.,  sec.  4.) 

Sec.  lie.  By-laws — powers  of  board — finances. — Said  board  of  control  shall 
make  and  adopt  such  by-laws,  rules  and  regulations  for  its  own  guidance  and  for 
the  election  of  its  members  and  for  the  administration  of  the  art  museum  fund  as 
they  may  deem  expedient,  and  as  may  not  be  inconsistent  with  this  act:  they  shall 
have  exclusive  control  of  the  expenditure  of  all  moneys  collected  to  the  credit  of 
the  art  museum  fund,  and  of  the  construction  and  maintenance  of  any  art  museum 
building  built  or  maintained,  in  whole  or  in  jiart.  with  the  moneys  of  said  fund, 
and  of  the  supervision,  care  and  custody  of  the  grounds,  rooms  or  buildings 
constructed,  leased  or  set  apart  for  the  purpose  of  an  art  museum  under  the 
authority  conferred  by  this  act:  Provided,  however,  that  all  moneys  received  for 
such  art  museum  fund  shall  be  deposited  in  the  treasury  of  said  city  to  the  credit 
of  the  art  museum  fund,  and  shall  be  kept  separate  and  apart  from  other  moneys 
of  such  city,  and  shall  be  drawn  upon  by  the  proper  officers  of  such  city  upon  the 
properly  authenticated  vouchers  of  the  art  museum  board.  Said  board  shall  have 
the  power  to  purchase  or  lease  ground  and  to  occupy,  lease  or  erect  an  approjiriate 
building  or  buildings  for  the  use  of  said  art  museum:  shall  have  power  to  appoint 
a  director  and  necessary  assistants  and  fix  their  compensation,  and  shall  also  have 
power  to  remove  such  aijpointees.  and  shall  in  general  carry  out  the  spirit  and 
intent  of  this  act  in  establishin.g  and  maintaining  an  art  museum.     (lb.,  sec.  5.) 

Sec.  1 1  f .  Museum,  how  far  free  to  public — further  powers  of  board. — Every 
art  museum  established  under  this  act.  or  established  or  maintained  in  whole  or  in 
part  from  the  proceeds  of  an  art  museum  fund  established  under  this  act,  shall  be 
forever  free  to  the  use  of  the  inhabitants  of  the  city  wherein  it  shall  be  located,  so 
long  as  the  art  museum  tax  shall  continue  to  be  operative  therein,  sub,iect  always 
to  such  reasonable  rules  and  regulations  as  the  administrative  board  may  adopt 
in  order  to  render  the  use  of  such  art  museum  of  the  greatest  benefit  and  efficiency 
to  the  greatest  number:  Provided,  however,  that  said  board  of  control  shall  have 
power  to  exclude  from  the  use  of  said  art  museum  any  and  all  persons  who  shall 


CHAP  3.)  STATK   LAWS  SPKCIAIJ^Y   AITLICAHLIO  TO  ST.    LOUIS.  y;j 

willfully  violate  such  rules,  and  shall  have  power  to  make  a  reasonable  charge 
for  admission  to  the  galleries  or  classes  upon  certain  days  other  than  iniblic 
holidays,  within  their  discretion,  and  shall  have  power  to  extend  the  privileges  and 
uses  of  such  museum  to  persons  residing  outside  of  said  city  upon  such  terms 
and  conditions  as  said  board  may  from  time  to  time  by  its  regulations  prescribe. 
(lb.,  p.  96,  sec.   ti.) 

Sec.  llg.  Keport  by  board. — The  said  board  of  control  shall  make,  before  the 
second  .Monday  in  .June,  an  annual  report  to  the  legislative  branch  of  the  municipal 
government,  stating  the  condition  of  their  trust  on  the  first  day  of  May  of  that 
year,  the  various  sums  of  money  received  from  the  art  museum  fund  and  from 
other  sources  and  how  such  moneys  have  been  expended  and  for  what  pur- 
poses, the  number  and  character  of  the  acquisitions  to  the  collections  added 
by  purchase,  gift  or  otherwise  during  the  year,  together  with  the  number  at  the 
beginning  of  the  year,  and  such  information  and  suggestion  as  they  may  deem  of 
general  interest.  All  such  portions  of  said  report  as  relate  to  the  receipt  and 
expenditure  of  money,  as  well  as  to  the  number  and  value  of  the  collections  and 
description  and  value  of  the  |)roperty.  shall  be  verified  by  affidavit.      (  lb.,  sec.  7.) 

Sec.  llh.  What  ordinances  city  may  enact.—  The  legislative  authority  of  saicT 
city  shall  have  power  to  enact  ordinances  imposing  suitable  penalties  for  the 
punishment  of  persons  committing  injury  upon  said  art  museum  or  the  grounds  or 
collections  or  property  thereof.     (lb.,  sec.  S.) 

Sea  Hi.  Donation.s  and  bequests — title  how  vested. — .\ny  person  desiring  to 
make  loans  of  art  objects,  or  donations,  devises  or  bequests  of  money,  objects  of 
art  or  other  personal  property  or  real  estate,  for  the  benefit  of  such  art  museum, 
shall  have  the  right  to  vest  the  title  to  such  i)roperty  so  donated,  devised  or 
bi-queathed  in  the  board  of  control  provided  for  by  this  act.  to  be  held  and  con- 
trolled by  such  board,  when  accejited  according  to  the  terms  of  the  deed,  gift, 
devise  or  bequest  of  such  property,  and  as  to  such  property  the  said  board  shall  be 
held  and  considered  to  be  special  trustees,  and  said  board  shall  have  power  to 
accept  the  trust  of  such  donations,  devises  or  bequests.     (lb.,  sec.  9.) 

Sec.  11  j.  Knierjiency. — The  fact  that  many  cities  and  towns  in  this  state 
have  no  art  museum  established  therein  creates  an  emergency  within  the  meaning 
of  the  Constitution:  therefore,  this  act.  shall  take  effect  and  be  in  force  upon  and 
after  its  passage.      (lb.,  p.  97.  sec.   10.) 


CHAPTER  THREE. 

BONDS.   INDEMNIFYING.  TO  OFFICERS.* 

Sec.  12.  liond  may  be  exacted,  when. — When  any  sheriff,  marshal,  constable 
or  other  duly  authorized  officer  shall  levy  an  execution  or  attachment  on  any 
personal  property,  and  any  person  other  than  the  defendant  in  such  execution  or 
attachment  shall  claim  such  property  or  any  interest  therein,  such  officer  may 
demand  of  the  plaintiff  or  his  agent,  in  such  execution  or  attachment,  a  sufficient 
indemnification  bond,  with  at  least  two  good  and  sufficient  sureties,  to  be  approved 
of  by  such  officer,  and  may  refuse  to  execute  such  execution  or  attachment  until 
such  indeniniflcation  bond  be  given.  (Laws  185.').  p.  4^4.  sec.  1;  R.  S.  1899.  p.  2.").")0.) 

Sec.  13.  Form  of  bond. — Such  bond  shall  be  made  payable  to  the  State  of 
Missouri,  conditioned  that  such  plaintiff  will  pay  to  such  claimant  all  damages  that 
he,  the  said  claimant,  may  sustain  in  consequence  of  such  levy,  and  in  consequence 
of  any  sale  which  may  be  made  under  or  by  virtue  of  such  execution  or  attachment; 
and  the  officer  taking  such  bond  shall  return  the  same  with  such  execution  or 
attachment.     (Laws  IS.'j.'..  p.  464.  sec.  2;  R.  S.  1899.  p.  2550.) 

Sec.  14.  llaini  to  Iw  in  writing;- — No  claim  made  to  any  personal  property 
levied  on  as  aforesaid  shall  be  valid  or  lawful  as  against  such  officer,  unless  such 
claimant  or  his  agent  shall  set  forth  his  claim  in  writing,  verified  by  the  affidavit 
of  such  claimant  or  his  agent,  describing  the  property  claimed  and  stating  his 
Interest  therein,  and  whether  it  is  in  the  whole  or  only  part  thereof,  and  stating 
also  that  he  is  in  good  faith  the  lawful  owner  of  the  Interest  claimed  by  him  in  said 
property:  that  the  defendant  in  such  execution  or  attachment  has  no  right  or  title, 
directly  or  Indirectly,  in  the  interest  in  said  property  claimed  by  said  claimant,  and 

•S>'i-.  6  of  tile  act  of  1859  (see  Infrat.  makes  the  act  applicable  only  to  the  county 
(now  olty)  of  St.  (..ouls.  The  ainenilnient  of  1859  (Laws  1858-9.  p.  440;  see  also  State 
ex  r.  ;  \i  Lumber  Co..  170  Mo.  11-12)  does  not  repi'ul  th"'  mt  nf  1S.t5  as  to  condition  of 
It'  !■  f,  I  nnd  the  claim  must  be  made  In  conformity  with  the  .-ttatiite  or  the  ofTloer  will 
nit  I..  I  r.iteited:  .St.  I»uls  Dalrj-  Co.  vs.  Sauer.  16  Mo.  App.  1.  The  otricer  may  waive  a 
formal  wrlltin  clnlm  to  property  seized  nnd.  notwithstanding  the  Informality  of  the 
rhitni.  the  clnlmnnt  may  maintain  an  action  on  the  Indemnity  liond:  Stale  to  us<;  vs. 
Smlt.  20  Mo.  App.  50.  This  statute  Is  local  to  St.  Louis  and  emphasizes  the  fact  that  a 
f  »!  ■■■  ■"  provide  a  similar  remedy  throuRhout  the  State  is  a  casus  omissus  of  the 
I.' '  '    re;      Smith   ex    rel.    vs.    RoRers,    191    Jio.    3.14.    342.      The   constitutionality   of    the 

.•    '    ■>         iii.L.k.il    I.I.I   11.. I    .,,.1.  h  .ii.<.-.is«..,i   iTi  Stat.-  .x   rel.  vs.  Lumber  c.  ,   Ko  M..    '- 


84  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.   LOUIS.  [CHAP  3. 

ft 

that  such  claim  is  not  made  in  collusion  with  said  defendant  for  the  purpose  of 
vexing,  hindering  or  delaying  the  plaintiff  in  obtaining  his  just  rights.  (Laws  1855, 
p.   464,  sec.  3;    R.  S.   1899,  p.   2550.) 

Sec.  15.  Action  on  bond. — If  the  claimant  shall  be  injured  or  damaged  in 
consequence  of  any  levy  or  sale  under  or  by  virtue  of  such  execution  or  attachment, 
and  shall  in  good  faith  be  the  owner  of  the  interest  claimed  by  him  in  the  property 
levied  on  or  sold  as  aforesaid,  he,  the  said  claimant,  may  bring  a  civil  action  on 
such  bond  in  the  name  of  the  state,  to  his  own  use.  against  such  plaintiff  and  his 
sureties,  or  any  or  either  of  them,  in  the  usual  manner  of  bringing  actions  on  penal 
bonds,  or  may  proceed  thereon  by  motion  in  open  court,  first  giving  to  the  parties 
proceeded  against  in  said  bond  twenty  days'  notice  of  such  motion.  (Laws  1855, 
p.  465,  sec.  4;  R.  S.  1899,  p.  2551.) 

Sec.  16.  Officer,  when  not  liable, — When  said  sheriff  or  other  officer  afore- 
said shall  take  an  indemnification  bond  as  aforesaid,  with  good  and  sufficient 
security,  he  shall  not  be  liable  to  such  claimant  for  any  damage  or  injury  sustained 
by  such  claimant  in  consequence  of  such  levy  or  sale  under  or  by  virtue  of  such 
execution  or  attachment.     (Laws  1855,  p.  465,  sec  5;  R.  S.  1899,  p.  2551.) 

Sec.  17.  Officer,  wlien  liable, — If  the  security  in  such  indemnification  bond 
shall  be  adjudged  insufficient,  such  sheriff  or  other  officer  aforesaid  and  his  securi- 
ties shall  be  liable  to  all  parties  injured  in  the  same  manner  and  to  the  same 
extent  as  if  no  such  indemnification  bond  had  ever  been  given,  unless  an  additional 
indemnification  bond  be  given  and  approved  by  the  court  or  judge  thereof, 'as  here- 
inafter provided.      (Laws  1855,  p.  465,  sec,  6.) 

Sec.  IS.  Objections,  how  made. — No  objections  to  the  security  in  any  such 
indemnification  bond  shall  be  allowed,  if  the  same  be  not  made  by  or  for  the  party 
interested  therein,  in  writing,  within  the  first  six  days  after  the  return  day  of  such 
execution  or  'attachment,  unless  the  time  for  making  such  objections  be  extended 
for  good  cause  by  the  court,  and  all  of  said  objections  shall  be  made  in  the  court 
to  which  such  writ  is  returnable,  and  not  elsewhere.  (Laws  1855,  p.  465,  sec  7; 
R.  S.  1899,  p.  2551.) 

Sec.  19.  Effect  of  overrulins  objections, — If  such  objections  shall  be  over- 
ruled by  the  court,  such  indemnification  bond,  and  the  security  therein,  shall  be 
deemed  good  and  sufficient,  so  far  as  the  liability  of  such  sheriff  or  other  officer 
aforesaid  is  concerned;  but  if  such  security  shall  be  adjudged  insufficient,  the  court 
may,  on  motion  of  said  claimant  or  sheriff,  or  other  officer  aforesaid,  order  an 
additional  indemnification  bond  to  be  given  and  filed  in  the  suit  within  a  certain 
time  fixed  by  the  court,  and  if  such  additional  bond  shall  be  given,  and  the  security 
therein  be  approved  of  by  such  court,  or  the  judge  thereof,  then  such  sheriff  or 
other  officer  aforesaid  shall  be  entitled  to  the  protection  of  this  act,  the  same  as  if 
he  had  taken  good  and  sufficient  indemnification  bond.  (Laws  1855,  p.  465,  sec  8; 
R.  S.  1899,  p.  2551.) 

Sec.  20.  Officer,  wlien  not  protected. — If  such  indemnification  bond  shall  not 
be  given  within  the  time  fixed  by  the  court,  then,  and  in  that  case,  the  officer 
levying  or  selling  shall  not  be  protected  under  this  act,  but  the  court  may,  in  its 
discretion,  order  the  said  sheriff  or  other  officer  aforesaid  not  to  pay  over  to  the 
plaintiff  any  money  made,  acquired,  received  or  obtained  under  or  by  virtue  of  any 
such  levy  or  sale,  until  such  additional  bond  be  given  and  approved  by  such  court 
or  judge.     (Laws  1855,  p.  465,  sec  9;  R.  S.  1899,  p.  2551.) 

Sec.  21.  Proceedings  in  ca-se  of  more  than  one  claimant. — Where  more  than 
one  claim  is  made  to  any  property  levied  on  by  any  sheriff,  marshal,  constable  or 
other  duly  authorized  officer,  the  same  proceedings  shall  take  place  in  regard  to 
each  of  such  claims  as  is  prescribed  in  regard  to  a  claim  in  this  act,  and  in  the  act 
to  which  it  is  amendatory.     (Laws  1858-9,  p.  438,  sec  1 ;  R.  S.  1899,  p.  2552.) 

Sec.  2  2.  Claim  to  state  value  of  property. — Every  claim  made  under  this  act, 
or  the  act  to  which  it  is  amendatory,  shall  state  the  value  of  the  property  or  interest 
claiiued,  and  the  indemnification  bond  demandable  of  the  plaintiff  or  his  agent  shall 
be  in  double  the  vahie  stated  in  the  claim;  but  if  such  value  is  objected  to  by  the 
plaintiff  or  his  agent,  the  officer  having  the  property  in  custody  shall  proceed  to 
ascertain  the  real  value  of  such  property  or  interest  claimed,  in  the  same  manner 
as  is  prescribed  by  the  law  for  the  time  being  for  the  valuation  of  property  exempt 
from  execution;  and  in  such  cases  said  indemnification  bond  shall  be  in  double  the 
value  of  such  jiroperty  or  interest  as  ascertained  by  such  appraisement.  Any 
indemnification  bond  taken  as  aforesaid,  with  good  and  sufficient  security,  shall 
be  deemed  an  indemnification  bond  within  the  meaning  of  the  act  to  which  this 
act  is  amendatory;  and  every  such  indemnification  bond  shall  be  conditioned  as  the 
bond  which,  by  the  thirtieth  section  of  the  "act  to  regulate  executions,"  approved 
December  1,  1855,  chapter  63  of  the  Revised  Statutes  of  1855.  the  plaintiff  may 
tender  to  the  sheriff  after  claim  made  to  goods  levied  on  under  execution.  (Laws 
1858-9,  p.  439,  sec.  2;  R.  S.  1899,  p.  2552.) 


CHAP  4}  STATE  LAWS  SPECIALLY   APPLICABLE  TO  ST,   LOUIS.  85 

Sec.  23.  Whi-ii  couit  iiiay  rriiiiiii-  bond. — Whenever  suit  is  brought  agaiust 
any  sheriff,  marshal,  constable  or  other  duly  authorized  otflcer,  or  his  sureties,  or 
the  representatives  of  any  of  them,  on  account  of  any  levy  on  or  sale  of  any 
property,  or  interest  therein,  and  notice  of  such  levy  or  sale  was  made,  said  court 
shall  not  order  the  payment  of  the  proceeds  of  such  sale  to  the  party  or  parties 
who  may  appear  to  be  entitled  to  the  same,  unless  such  parties  shall  have  given 
a  bond,  as  required  in  the  preceding  section  of  this  act.  or  shall  forthwith  give 
such  bond.  The  court  in  which  such  suit  is  brought  may.  in  its  discretion,  permit 
any  person  who  has  given  bond  as  aforesaid  to  be  joined  as  defendant  in  such 
suit.  If.  in  any  such  suit,  the  plaintiff  shall  establish  his  right  to  any  property  or 
Interest  levied  on  or  sold  as  aforesnid.  the  oflicor  against  whom  such  suit  is 
brought,  his  sureties  and  the  legal  representatives  of  any  of  them,  shall  thereupon 
have  a  right  to  recover  back  any  money  paid  as  made  on  the  levy  or  sale  to  which 
such  suit  related,  and  if  such  levy  or  sale  was  made  by  direction  or  authority  of 
any  person  interested  in  the  same,  or  his  agent,  shall  also  have  a  right  to  recover 
of  (he  person  so  directing  or  authorizing  such  levy  or  sale,  all  damages  which  such 
officer,  his  sureties  or  the  legal  representatives  of  any  of  them,  may  have  paid  on 
account  of  any  such  levy  or  sale.  (Laws  185S-9,  p.  440,  sec.  3;  R.  S.  1899, 
p.  2552.) 

Sec.  24.  rrocei'dliifiN  fur  (In-  di-lribuliini  of  iniiney,  etc.--\Vhenever  money 
made  on  any  execution  ov  executions,  or  other  writ  or  writs,  is  brought  into  the 
court  out  of  which  the  eldest  of  such  executions  or  other  writs  was  issued,  such 
court  shall  order  the  distribution  or  i)ayment  of  such  money  on  the  motion  of  any 
person  interested  therein,  and  on  such  notice  as  the  court  may,  by  rule  or  other- 
wise, direct.  On  his  compliance  with  such  order,  the  officer  returning  such  execu- 
tion or  executions,  or  other  writ  or  writs,  shall  be  discharged  of  his  liability  for 
such  money:  but  from  any  such  final  order  an  appeal  shall  lie  as  in  other  cases,  and 
nothing  herein  contained  shall  be  construed  to  discharge  any  officer  from  liability 
tor  not  properly  executing  any  process,  or  for  a  false  return  thereon.  (Laws 
1858-9,  p.  440,  sec.  4;  K.  S.  1S9!1.  p.  2552.) 

Sec.  25.  Bond  under  claim  for  .specilic  property. — In  a  suit  for  the  possession 
of  specific  personal  property,  the  bond  required  of  the  iilaintiff.  and  that  which  may 
be  given  by  the  defendant,  shall  be  in  double  the  sum  stated  in  the  affidavit  as  the 
value  of  the  property  claimed;  but  the  defendant  or  his  agent  may,  on  the  taking 
of  the  property  claimed,  or  at  any  time  before  the  delivery  of  the  same  to  the 
plaintiff,  demand  in  writing,  an  appraisement  thereof,  which  appraisement  shall 
then  be  made  in  the  same  manner  as  by  the  law,  for  the  time  being.  api>raisement 
is  directed  to  be  made  of  i)roperty  exempt  from  execution:  and  if  such  appraised 
value  exceed  the  value  stated  in  the  affidavit,  then  such  property  shall  not  be 
delivered  to  the  plaintiff  unless  a  new  bond  be  given  in  double  such  appraised 
value,  and  in  other  respects  similar  to  the  bond  required  of  the  plaintiff,  by  the 
law  for  the  time  being,  before  the  delivery  of  property  so  claimed.  (Laws  1858-0, 
p.  4  4  0,  sec.  5.) 

Sec.  26.  Natur<-  and  exient  of  liijs  ad. — This  act.  and  the  act  to  which  it  is 
amendatory,  shall  be  public  acts,  and  shall  apply  only  to  the  county  (city)  of  St. 
Louis:  and  this  act  shall  take  effect  from  its  passage.  Approved  March  14,  1859. 
(Ijiws  1858-9.  p.  440.  sec.  6;  R.  S.  1899.  p.  2553— e.) 


CHAPTER  FOUR. 

OK   BUIUGES  AND  Tf.NN'EL.S. 

SerliiiM  27.  Power  to  build  or  acquire  bridges  an<l  tunnels,  and  inaiiilain 
appruaches  In  Mime.— All  cities  in  this  state  having  one  hundred  thousand  inhab- 
itants or  over  are  hereby  given  the  power  and  authority  to  build  or  acquire  by 
purchase,  lease,  gift  or  otherwise,  within  their  corporate  limits  or  within  a 
reasonable  distance  outside  thereof,  a  bridge  or  bridges,  or  a  tunnel  or  tunnels  for 
public  use  by  railroads,  street  cars,  vehicles  of  all  kinds  and  pedestrians,  over  or 
under  rivers  and  streams  in  Missouri  or  those  forming  a  boundary  between  this 
■ind  other  states,  and  to  acquire,  hold,  use  and  retain  by  purchase,  lease,  gift  or 
otherwise,  land  to  be  used  for  approaches  for  and  in  the  construction,  operation 
and   maintenance  of  said   bridge  or  bridges,  tunnel  or  tunnels,  in  this  and  other 


<'e  note  at  head  of  chapter. 


86  STATK  L-WV.S  SPi;CIAI,LY   APPLICABLK  TO   ST     LOUIS.  [CHAP.   5. 

states,  and  to  maintain,  use  and  operate  said  bridge  or  bridges,  tunnel  or  tunnels, 
either  as  toll  or  free  bridges  or  tunnels,  as  may  bv  said  cities  be  deemed  expedient. 
(Laws  1905,  p.  94— a.) 

CHAPTER  FIVE. 

OF  COURTS. 

Art.        I.      Attorneys,     Circuit     and     Prose-     1   Art.      IVa.   Court  of  (Jc-noi-al  Sessions. 

A    ,       ,T       r.'^"'-?^^        *  Art.        V.      .Juries. 

Art.      II.      Circuit   Court.  ..,.,,.  ,     ,       „  ,    „ 
Art    III       Probate  Courts                                             •'^'"'■-      ^  ^-      Justices   ot   the   Peace  and  Con- 
Art!    IV.'     St.   Louis  Court'  of  Criminal  Cor-                                    stables. 

rection.  1    Art.   VII.      Juvenile  Court. 

ARTICLE  I. 

ATTORNEYS.    CIRCUIT    AND    PROSECUTING.* 

See.  2S.  Klectioii  of  circuit  attorney  for  city  of  St.  Louis. — At  the  general 
election  to  be  held  in  this  state  in  the  year  1892,  and  every  four  years  thereafter, 
there  shall  be  elected  in  the  city  of  St.  Louis  one  circuit  attorney,  who  shall  reside 
In  said  city,  and  shall  possess  the  same  qualifications  and  be  subject  to  the  same 
duties  that  are  prescribed  by  this  act  for  prosecuting  attorneys  throughout  the 
state,  and  it  shall  be  the  duty  of  the  city  register  of  said  city  to  transmit  to  the 
secretary  of  state  an  abstract  of  the  votes  given  tor  each  candidate  for  circuit 
attorney  in  said  city,  in  the  same  manner  as  is  required  by  law  of  clerks  of  county 
courts.      (R.  S.  1S99.  sec.  4959— Amended  Laws  1907.  p.  70— b.) 

Sec.  29.  Duties  of  a.ssi.staiit  circuit  attorney. — It  shall  be  the  duty  of  such 
[the]  assistant  to  aid  generally  in  the  performance  of  the  same  duties  as  are  by 
law  en.ioined  on  the  prosecuting  attorney,  and  he  shall  be  subject  to  the  same  fines 
and  penalties  for  misdemeanor  in  office  or  neglect  of  duty.  (R.  S.  1S99,  sec. 
4960— c.) 

Sec.  30.  Prosecuting  and  assistant  prosecuting  attorney  of  St.  Louis. — At  the 
general  election  to  be  held  in  this  state  in  the  year  1890  and  every  four  years 
thereafter,  there  shall  be  elected  in  the  city  of  St.  Louis,  for  the  St.  Louis  court 
of  criminal  correction,  one  prosecuting  attorney  and  one  assistant  prosecuting 
attorney,  who  shall  reside  in  said  city  and  shall  possess  the.same  qualifications  and 
be  subject  to  the  same  duties  as  are  now  provided  by  law  for  the  government  ot 
said  officers;  and  the  duty  of  transmitting  the  abstract  of  the  votes  by  which 
said  officers  are  elected,  heretofore  devolving  uiion  the  county  clerk,  shall  be  per- 
formed by  the  register  of  said  city,  as  provided  in  section  4959,  R.  S.  1899.  (R.  S. 
1899,  sec.  49G1— (i.) 

Sec.  31.  Conipcn.sution  of  pro.sM-utin};;  and  circuit  attorney  of  St.  Louis. — The 
circuit  attorney,  the  prosecuting  attorney  and  assistant  prosecuting  attorney  of  the 
city  of  St.  Louis,  shall  receive  the  same  compensation,  payable  in  like  manner,  as 
is  now  provided  by  law.      (R.  S.  1899,  sec.  49G2 — Amended  Laws  1907.  p.  70 — e.) 

Sec.  32.  Governor  to  <'oniniission. — Tlie  attorney-general,  prosecuting  at- 
torneys, the  circuit  attorney,  the  prosecuting  attorney  and  assistant  prosecuting 
attorney  for  the  city  of  St.  Louis,  shall  be  commissioned  by  the  governor  and  shall 
hold  their  offices  until  their  successors  are  eiected,  commissioned  and  qualified. 
(R.  S.  1899,  sec.  49G3;   Amended  by  Laws  1907,  p.  70 — /.) 

(a)  See  also  Laws  1903.  p.  57.  For  ordinance  authorizing  issuance  of  bonds  for  tree 
bridge  across  the  Mississippi  from  St.  Louis,  see  ord.  No.  22366.  The  validity  of  thess 
bonds  was  sustained  by  the  circuit  court  and  at  this  writing  the  matter  is  pending 
after  submission  in  the  Supreme  Court  in  the  case  of  Haeussler  et  al  vs.  St.  Louis  et  al. 
And  for  acts  of  Congress  relative  to  a  bridge  across  that  river  at  St.  Louis,  see  act 
approved  June  25.  1906.  (requiring  same  to  be  built  as  required  by  act  of  March  23. 
1906)  and  see  also  act  of  Feb.  27.  1901.  That  the  city  has  no  power  to  cause  or  permit 
obstruction  of  a  navigable  stream,  such  being  a  national  highway,  see  West  Chicago 
Ry.  vs.  Chicago.  201  U.  -S.  506;  State  ex  rel.  vs.  Longfellow.  169  Mo.  109;  Myers  vs.  St. 
Louis.  82  Mo.  367,  affirming  .s.  c.  8  Mo.  App.  266;  see  also  8.  c.   113  U.  S.  566. 

•Laws  1905,  p.  51.  herein  below  set  out.  (which  is  in  turn  amended  in  Laws  1907. 
p.  70)  expressly  repeals  the  act  of  March  18,  1901,  (Laws  1901,  p.  4S)  and  also  all 
inconsistent  acts.  As  there  may  be  some  question  as  to  how  Tar  the  then  existing  laws 
are  affected,  the  latter  are  set  out  in  full  in  the  next  succeeding  sections. 

(4)  The  amendment  by  Session  Laws  1907  consists  in  omitting  the  words  "and  one 
assistant  circuit  attorney." 

(r)      Presumably   this  section  is  to  be  regarded  as  superseded. 

W)  Office  and  functions  of  assistant  prosecuting  attorney  not  abolished  by  Laws 
1877.  p.  354;  information  properly  lodged  with  that  officer:  State  vs.  Speritus.  191  Mo, 
24.  38;  State  vs.  Daly,  49  Mo.  App.  184.  An  Assistant  may  generally  act  in  the  same 
manner  and  to  the  same  extent  as  the  Prosecuting  Attorney:  Browne's  Appeal,  69  Mo. 
App.  159   (Kansas  City  officer). 

(,•)  See  Laws  1905,  sees.  5  and  6.  as  amended  by  Laws  1907,  p.  70.  set  out  below, 
with  respect  to  compensation.  The  act  of  1907  amends  the  above  section  31  by  omitting 
the  words  "and  assistant  Circuit  attorneys." 

(/)  The  1907  amendment  consists  in  omitting  the  words  "and  assistant  circuit 
attorney." 


AKT    I  1  STATIC    LAWS  SPKCIAl.l.Y    A  I'l'I.ICAHLK  TO  .ST.    I.OIMS.  gj 

Sec.  33.  Vu<iin<ic>,  how  lillcil. —  If  any  vacancy  shall  liaiipen  for  any  cause 
in  the  office  of  attornoy-gent'ral,  circuit  attorney,  prosecuting  attorney  or  assistant 
prosecuting  attorney,  tlie  governor,  upon  being  satisfied  tiiat  sucli  vacancy  exists, 
shall  appoint  some  competent  |)erson  to  fill  the  same  until  the  next  regular  election 
for  attorney-general,  prosecuting  attorney,  or  assistant  prosecuting  attorney,  as  the 
case  may  be.     (R.  S.  1S;»!>,  sec.  lOlM:  .\nienile(l  Laws  lSti)7,  p.  70 — o.) 

Sec.  34.  I'ro.secutinj;  attorney,  wlicn  to  appear  in  St.  Louis  Court  of  .Appeals. 
— Every  prosecuting  attorney  of  any  counly  within  the  jurisdiction  of  the  St.  Louis 
court  of  appeals,  and  every  circuit  attorney  of  a  judicial  circuit  within  the  juris- 
diction of  said  court,  shall  ai)pear  in  behalf  of  the  state  in  the  St.  Louis  Court  of 
Apiieals,  and  prosecute  or  defend,  as  the  case  may  require,  all  appeals  and  writs 
of  error  to  which  the  State  may  be  a  party,  which  may  at  any  time  be  removed  by 
appeal  or  writ  of  error  from  any  court  in  the  county  of  such  prosecuting  attorney. 
or  the  city  or  county  of  said  circuit  attorney,  to  said  St.  Louis  Court  of  j\pi)eals. 
(R.  S.  1S99.  sec.  1905.) 

Sec.  3  5.  Compensation  in  certain  cases. — .\11  such  prosecuting  and  circuit 
attorneys  shall,  for  their  services  under  the  preceding  section,  receive  the  same  fees 
as  are  or  may  be  by  law  allowed  for  like  services  in  the  Supreme  Court.  (R.  S.  1899, 
sec.  49t;tJ— ft.) 

Sec.  3  6.  Circuit  attorney  may  employ  clerk. — Any  circuit  attorney  for  any 
city  having  a  population  of  two  hundred  thousand  inhabitants  or  more  is  hereby 
authorized  and  empowered  to  appoint  a  clerk,  who  shall  be  a  citizen  of  the  United 
States  and  of  the  State  of  Missouri,  who  sliall  hold  said  office  from  month  to  month, 
and  shall  be  removable  at  any  time,  at  the  option  of  said  circuit  attorney.  (R.  S. 
1899,  sec.  4967 — i.) 

Sec.  3  7.  Duties  of  clerk. — It  shall  be  the  duty  of  said  clerk  to  attend  to  all 
duties  assigned  him  by  said  circuit  attorney.  a|)pertaining  to  his  said  office,  and 
during  his  employment  shall  be  under  the  direction  of  said  circuit  attorney.  (R.  S. 
1899,  sec.  4968.) 

Sec.  38.  Salary,  how  |>aid. — The  said  clerk  so  appointed  shall  receive  a 
monthly  salary  not  exceeding  two  hundred  dollars,  payable  at  the  end  of  each 
month  by  the  treasurer  of  said  city,  upon  presentation  to  said  treasurer  of  vouchers 
duly  approved  and  certified  by  said  circuit  attorney.      (R.  S.  1S99,  sec.  4969.) 

Sec.  39.  Proseculinji  and  circuit  attorneys  lo  devote  entire  time  to  duties. — 
It  shall  be  the  duty  of  the  prosecuting  and  circuit  attorneys,  and  of  the  assistant 
circuit  and  prosecuting  attorneys,  of  the  courts  of  this  state  having  jurisdiction 
of  criminals  within  cities  in  this  state  which  now  have  and  whicli  may  hereafter 
have  one  hundred  thousand  inhabitants  or  more,  to  devote  their  entire  time  and 
energy  to  the  discharge  of  the  duties  appertaining  to  their  res|)ective  offices.  (R.  S. 
1899,  sec.  4978.) 

Sec.  40.  Not  to  accept  employment  of  others,  except  in  ciril  cases. — It  shall 
be  unlawful  for  either  of  the  officers  specified  in  the  preceding  section,  during  the 
term  of  office  for  which  he  shall  have  been  elected  or  ap|)ointed  and  qualifiecl,  to 
accept  any  employment  by  any  party,  except  in  civil  cases,  other  than  the  State 
of  Missouri.  .\ny  violation  of  the  provisions  of  this  section  shall  be  deemed  a 
misdemeanor,  to  be  punished  as  in  this  act  prescribed.      (R.  S.  1899,  sec.  4979.) 

Sec.  41.  Not  to  accept  fee  or  reward,  except  salary. — It  shall  be  unlawful  for 
any  officer  specified  in  section  4978  to  contract  for,  directly  oi  indirectly,  or  to 
accept,  receive  or  take  any  fee,  reward,  promise  or  undertaking,  or  gift  or  valuable 
thing  of  any  kind  whatsoever,  except  the  salary  of  his  office  prescribed  by  law.  for 
aiding,  advising,  promoting  or  procuring  any  indictment,  true  bill  or  legal  process 
of  any  kind  whatsoever  against  any  person  or  parly,  or  for  aiding,  promoting,  coun- 
lollng  or  procuring  the  detection,  discovery,  apprehension,  prosecution  or  conviction 
of  any  person  upon  any  charge  whatsoever;  or  for  aiding,  advising  or  counseling 
of  or  concerning,  or  for  procuring,  promoting  or  effecting  the  discovery  or  recovery. 
by  any  means  whatever,  of  any  valuable  thing  which  shall  be  secreted  or  detained 
from  the  possession  of  the  owner  or  lawful  custodian  thereof.  (R.  S.  1899,  sec. 
4980.) 

Sec.  4  2.  Violation  of  act  forfeit.s,  oftice. — If  any  officer  specified  In  section 
497S  shall  be  convicted  of  the  violation  of  any  of  the  provisions  of  sections  4979 
and  49S0.  he  shall  forfeit  the  office  to  which  he  shall  have  been  elected  or 
appointed  and   qualified.      ( R.  S.    1S99,  sec.   4981.) 

Sec.  43.  IVnolty  for  sonie — brilM-ry. — .^ny  officer  specified  In  section  4978 
who  shall  be  convicted  of  the  violation  of  any  of  the  provisions  of  section  4980 
shall  be  deemed  guilty  of  bribery,  and  shall,  upon  conviction,  thereof,  be  punished 
by  confinement  in  the  penitentiary  for  a  term  not  exceeding  seven  years.  (R.  S. 
1899.  sec.   49S2.) 


(jr>    Same  as  prL-ccdlng   nott 

I*)    Sc<!  Laws  1905,  Infra. 

tiO      Ibid,    tttt   to   ►•mploymont   of  cU»rks    under   tho   pr**3ent    lows. 


gg  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.   LOUIS.  [CHAP.  5. 

gee.  44.     May  be  suspended  upon  indictment — Governor  to  appoiut  successor. 

— Any  officer  specified  in  section  4978  wlio  shall  be  indicted  for  the  violation  of 
section  4980  may,  in  the  discretion  of  the  court  of  which  he  is  an  officer,  or  of  the 
judge  thereof,  by  an  order  of  record  in  the  records  of  such  a  court,  be  suspended 
from  the  office  to  which  he  shall  have  been  elected  or  appointed  and  qualified,  until 
said  indictment  shall  have  been  disposed  of  in  favor  of  such  officer,  or  until  said 
officer  shall  have  been  acquitted  thereon  by  the  verdict  of  a  jury.  And  in  case  of 
such  suspension,  the  court  making  the  same  shall  forthwith  transmit,  by  mail,  to 
the  Governor  of  the  state  of  Missouri,  a  copy  of  said  order  of  suspension,  certified 
under  the  seal  of  said  court  by  the  clerk  thereof,  and  upon  the  receipt  of  said 
certified  copy  of  said  order  of  suspension,  it  shall  be  the  duty  of  the  Governor 
immediately  to  appoint  and  commission  a  successor  to  such  suspended  officer, 
which  successor  shall  possess  the  qualifications  for  said  office  prescribed  by  law, 
and  shall,  during  said  suspension,  perform  the  duties  and  receive  the  salary  pre- 
scribed for  said  office  by  law.      (R.  S.  1899,  sec.  4983.) 

Sec.  4  5.  Restoi-atioh  to  office — jH-osecution  of  indictment. — If  upon  a  trial  of 
such  suspended  officer  upon  the  indictment  by  reason  whereof  such  suspension  was 
made,  such  officer  shall  be  acquitted  by  the  verdict  of  the  court  having  jurisdiction 
thereof,  then  said  suspended  officer  shall,  by  an  order  of  the  court  by  which  said 
suspension  was  made  of  record,  be  restored  to  the  office  from  which  he  shall  have 
been  suspended,  and  the  commission  and  authority  of  the  successor  of  such  sus- 
pended officer  shall  thereupon  cease  and  determine:  Provided,  that  when  the 
Governor  shall  appoint  and  commission  a  successor  to  such  suspended  officer,  as 
hereinbefore  provided,  the  prosecution  of  the  indictment  upon  the  faith  whereof 
such  suspension  was  made  shall  be  conducted  by  the  successor  so  appointed  and 
commissioned.      (R.  S.   1899,  sec.  4984.) 

All  of  Mardi  1!,  1905,  as  Amended  March  M,  1907. 

Sec.  4  6.  In  St.  Louis  circuit  attorney  to  appoint  five  assistants — how  made — 
powers  and  duties. — In  every  judicial  circuit  of  the  state,  which  circuit  embraces 
a  city  which  now  may  have,  or  which  may  hereafter  have,  a  population  of  three 
hundred  thousand  inhabitants  or  more,  the  circuit  attorney  of  such  circuit  is  hereby 
authorized  and  empowered  to  appoint  five  assistant  circuit  attorneys.  Such 
appointments  shall  be  in  writing  and  approved  by  a  majority  of  the  judges  of  the 
criminal  division  of  the  circuit  court  of  such  circuit,  and  wlien  so  approved,  shall 
be  entered  upon  the  minutes  of  all  the  courts  of  said  circuit  exercising  criminal 
jurisdiction.  Before  entering  upon  the  duties  of  their  office,  such  assistants  shall 
be  severally  sworn  to  support  the  Constitution  of  the  United  States  and  to  faith- 
fully demean  themselves  in  office,  and  their  duties  shall  be  to  assist  the  circuit 
attorney  generally  in  conduct  of  his  office,  under  his  direction  and  subject  to  his 
control;  and  said  circuit  attorney  and  his  assistants  shall  institute  and  ))rosecute 
all  criminal  actions  in  all  courts  of  said  circuit  exercising  criminal  jurisdiction 
(except  the  court  of  criminal  correction  in  the  city  of  St.  Louis).  I  Laws  1907,  p. 
70  amending  laws  1905,  p.  51.  sec.  1 — ;. ) 

Sec.  47.  Oerks'  and  stehoaraphers'  duties. — Said  circuit  attorney  may  also 
appoint  five  clerks  or  stenographers,  whose  duty  it  shall  be  to  act  as  clerks  or 
stenographers  to  the  circuit  attorney,  and,  when  so  directed  by  the  circuit  attorney, 
said  stenographers  shall  take  down  and  transcribe  for  the  use  of  the  circuit  at- 
torney, evidence  before  the  grand  jury  or  before  any  court  of  said  circuit  exercising 
criminal  jurisdiction  or  before  the  coroner  at  any  inquest.  But  before  taking  down 
any  evidence  before  the  grand  jury,  such  stenographer  shall  be  sworn  to  secrecy 
and  shall  not  divulge  any  testimony  which  he  may  there  have  heard  except  to  the 
circuit  attorney,  or  when  lawfully  required  to  do  so,  in  any  court  of  record.  Said 
stenographer  shall  also  perform  such  other  services  as  the  circuit  attorney  may 
direct.     (Laws  1905,  p.  51,  sec.  2.) 

Sec.  4  8.  Tenure. — The  assistant  circuit  attorneys,  clerks  and  stenographers 
appointed  under  the  provisions  of  this  act  shall  hold  office  from  month  to  month 
and  shall  be  removable  at  any  time  by  the  circuit  attorney  at  his  option.  (Laws 
1905,  p.  52,  sec.  :?.) 

Sec.  49.  .\.ssistant  attend  grand  jury. — Said  assistant  circuit  attorneys,  when 
so  directed  by  the  circuit  attorney,  may  attend  upon  the  grand  jury.  (Laws  1905, 
p.  52,  sec.  4.) 

Sec.  50.  Salaries. — Said  assistant  circuit  attorneys  appointed  under  the  provi- 
sions of  this  act,  shall  each  receive  a  salary  of  three  thousand  dollars  a  year.  The 
clerks  or  stenographers  appointed  under  this  act  shall  each  receive  a  salary  not  to  ex- 
ceed twelve  hundred  dollars  a  year,  each.      Such  salaries  shall  be  payable  in  monthly 

(»  -Authority  of  assistant  prosoouting;  attorneys  in  St.  Louis  (before  these  acta): 
State  vs.  Spiritus.  lill  Mo.  24.  3S.  Tlie  amendment  to  the  above  section  in  1907  (Acts 
1907.  p.  TO)  increase.s  tlie  assistant-s  from  four  to  five,  because  in  the  same  the  provisions 
for  tile  assistant   circuit  attorney   is  repealed. 


AKT.   2.)  STATIC   LAWS  SPi'X'IAM-Y   APPLICABLE  TO  ST.   LOUIS.  89 

Installments  at  the  end  of  each  month  out  of  the  treasury  of  the  city  in  such 
circuit  having  the  iKipiilatinn  above  presciibed.      (Laws  1905,  p.  52,  gee.  5.)» 

Sec.  51.  t'oiiipensiitioii  of  circuit  attorney — di.sposition  of  fees. — The  circuit 
attorney  of  such  circuit  sliall  receive  in  lieu  of  all  fees  in  criminal  cases  and  in  lieu 
of  all  other  salary,  a  salary  of  five  thousand  dollars  a  year,  payable  monthly  at 
the  end  of  each  month  from  the  treasury  of  said  city.  The  circuit  attorney's 
fees  shall  continue  to  be  taxed  as  heretofore,  but  when  collected,  shall  be  turned 
into  the  treasury  of  said  city.  All  circuit  attorney's  fees  in  criminal  cases  not  paid 
by  the  state  shall  be  collected  by  the  clerk  of  the  criminal  division  of  the  circuit 
court  and  by  him  paid  into  the  treasury  of  said  city.  When  such  fees  are  paid  by 
the  state,  they  shall  be  paid  into  said  city  treasury  in  the  manner  now  provided 
by  law.     (Laws  1905,  p.  52,  sec.  G.) 

Sec.  52.  Fws — contingent  fund — dispoKitloii. — The  treasurer  of  said  city 
shall  set  aside  the  circuit  attorney's  fees  so  turned  into  the  treasury  of  said  city 
to  be  used  as  a  contingent  fund  for  the  circuit  attorney  for  the  payment  of  the 
Incidental  expenses  in  bringing  parties  and  witnesses  from  other  states  or  countries 
and  in  properly  preparing  causes  for  trial,  attending  trial  on  changes  of  venue, 
attending  at  the  taking  of  depositions,  in  printing  briefs,  and  appearing  before 
the  appellate  courts  of  the  state,  and  generally  such  expenses  as  he  may  be  put  to 
in  the  proper  and  vigorous  prosecution  of  the  duties  of  his  office.  Such  fund  shall 
be  paid  out  as  needed  to  the  circuit  attorney  by  the  said  city  treasurer  out  of  said 
funds  in  the  treasury  of  said  city  not  exceeding  five  tfiousand  dollars  in  any  year 
upon  warrant  of  the  circuit  attorney  apiiroved  and  signed  by  the  judges  of  the 
criminal  division  of  the  circuit  court  of  said  circuit.  At  the  end  of  eaell  year  said 
treasurer  shall  pay  into  the  general  revenue  fund  of  such  city  any  balagpa?that  may 
be  In  his  hands  from  fees  so  collected  exceeding  the  sum  of  one  thouiiw  dollars. 
(Laws  1905,  p.  52,  sec.  7.)  ^K 

Sec.  53.  Inconsistent  acts  repealeO. — All  acts  and  parts  of  acts  wRonsistent 
herewith  are  'hereby  repealed.      (Laws  1905.  j).  52,  sec.  S.) 

Sec.  54.  KnKTsency. — The  present  inadequacy  of  the  force  of  assistants  and 
other  officers  to  the  circuit  attorney,  and  the  lack  of  provisions  for  the  payment 
of  the  incidental  expenses  of  circuit  attorney's  offices,  creates  an  emergency  within 
the  meaning  of  the  constitution;  therefore,  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage.      (Laws  1905,  p.  52,  sec.  9.) 

Approved  March  13.  1905. 

Acl  0/  April  IS.  1907. 

Sec.  54a.  t'inuii  attoine.v  may  appoint  assistant,  and  deputy. — In  every 
Judicial  circuit  of  the  State,  which  cinuit  embraces  a  city  which  now  may  have 
or  which  may  hereafter  have  a  population  of  three  hundred  thousand  inhabitants 
or  more,  the  circuit  attorney  of  such  circuit,  in  addition  to  the  number  of  assistant 
circuit  attorneys  and  clerks  already  authorized  under  existing  laws,  is  hereby 
authorized  and  empowered  to  api)oint  one  additional  assistant  circuit  attorney  and 
one  deputy  circuit  attorney,  whose  duties  it  shall  be  to  assist  the  circuit  attorney 
generally  in  the  conduct  of  his  office,  under  his  direction  and  subject  to  his  control. 
Such  appointment  shall  be  in  writing  and  approved  by  a  majority  of  the  judges  of 
the  criminal  division  of  the  circuit  court  of  such  circuit,  and  when  so  a|)proved  shall 
be  entered  upon  (he  minutes  of  all  the  courts  of  said  circuit  exercising  criminal 
Jurisdiction.  Hefore  entering  upon  the  duties  of  their  office,  such  additional 
assistant  circuit  attorneys  and  deputy  circuit  attorneys  shall  be  severally  sworn  to 
support  the  Constitution  of  the  United  States  and  to  faithfully  demean  themselves 
In  office. 

Sec.  5  4b.  Duty  nf  assistant — removal. — The  additional  assistant  circuit  at- 
torney and  deputy  circuit  attorney  appointed  under  the  provisions  of  this  act  shall 
hold  office  from  month  to  month,  and  shall  be  removable  at  any  time  by  the 
■  Ircult  attorney  at  his  option. 

Sec.  54c.  Salary. — Said  additional  assistant  circuit  attorney,  appointed 
luder  the  provisions  of  this  act,  shall  receive  a  salary  of  three  thousand  dollars 
■I  year.  The  deputy  circuit  attorney,  appointed  under  this  act,  shall  receive  a 
salary  not  to  exceed  eighteen  hundred  dollars  a  year.  Such  salaries  shall  be  pay- 
able In  monthly  installments  at  the  end  of  each  month,  out  of  the  treasury  of  the 
city  in  such  circuit  having  a  population  above  prescribed. 

Sec.  54d.  KnuTfjency. — The  passage  of  an  act  creating  the  St.  Louis  Court 
>>f  General  Sessions  to  hear  and  determine  all  preliminary  examinations  of  charges 
of  felony  and  certain  misdemeanors,  and  Imposing  upon  the  circuit  attorney  of  the 
city  of  St.  Louis  and  his  assistants  the  duty  of  instituting  and  conducting  prosecu- 
tions In  behalf  of  the  state  in  the  said  St.  Louis  Court  of  General  Sessions,  and  the 
present  inadequacy  of  the  force  of  assistants  to  the  circuit  attorney  creates  an 
pmergency  within  the  meaning  of  the  Constitution:  therefore,  this  act  shall  take 
effect  and  be  in  force  from  and  after  Its  passage. 


90  STATK   I.AWS  SPECIALLY   APPLICABLE  TO  ST.    LOUIS.  [CHAP.   5. 

ARTICLE  II. 
COURTS.  CIRCUIT. 

Sec.  55.  Constitutional  provision. — The  circuit  court  of  St.  Louis  county 
[city]  sliall  be  composed  of  five  judges,  and  such  additional  number  as  the  general 
assembly  may  from  time  to  time  provide.  Each  of  said  judges  shall  sit  separately 
for  the  trial  of  causes  and  the  transaction  of  business  in  special  term.  The  judges 
of  said  circuit  court  may  sit  in  general  term,  for  the  purpose  of  making  rules  of 
court,  and  for  the  transaction  of  such  other  business  as  may  be  provided  by  law, 
at  such  time  as  they  may  determine,  but  shall  have  no  power  to  review  any 
order,  decision  or  proceeding  of  the  court  in  special  term.  (Cons.  Mo.  (1S75)  Art. 
VI.,  sec.  27;   R.  S.  1899,  p.  2o33— fc.) 

Sec.  5  6.  Number  of  judges  on  St.  Louis  circuit. — From  and  after  the  taking 
effect  of  this  act  the  circuit  court  of  the  city  of  St.  Louis  shall  be  composed  of 
twelve  judges.      iLaws  1905,  p.  127,  sec.  1.) 

Sec.  57.  Judge  for  short  term. — Immediately  on  the  taking  effect  of  this  act, 
the  governor  shall  appoint  one  judge  of  the  circuit  court  for  a  term  ending  on  the 
31st  day  of  December.  1906,  and  the  additional  judge  hereby  provided  for  shall 
possess  the  same  qualifications  and  shall  receive  the  same  compensation  and  from 
the  same  source  as  the  present  judges  of  said  circuit  court.     (lb.,  sec.  2.) 

Sec.  5S.  Election,  etc. — At  the  general  election  held  in  the  city  of  St.  Louis 
in  November,  190  6,  a  successor  to  such  additional  judge  hereby  created  shall  be 
elected  for  a  term  of  six  years,  and  thereafter  his  successor  shall  be  elected  for 
the  same  term.      (lb.,' sec.   3.) 

Sec.  5  9.  Criminal  OHUses — general  term  arrange  docket — grand  jury  to 
attend. — Immediately  upon  the  taking  effect  of  this  act,  or  as  soon  thereafter  as 
may  be  practicable,  the  judges  of  the  circuit  court  of  the  city  of  St.  Louis  sitting 
in  general  term,  shall  assign  three  or  more  of  their  number,  who  shall  sit  separately 
for  the  trial  of  criminal  causes  then  or  thereafter  pending  in  said  court,  and  for 
the  disposition  of  such  other  business  arising  under  the  criminal  jurisdiction  of  the 
court  as  may  come  before  it,  and  to  whom  thereupon  shall  be  transferred  for 
trial  and  disposition  in  such  proportions  between  themselves  as  said  court  in 
general  term  shall  determine.  The  judges  so  assigned  for  the  trial  of  said  criminal 
cases  and  the  disposition  of  other  business  arising  under  the  eriminal  jurisdiction, 
shall  try  and  dispose  of  the  cases  so  transferred  to  them,  and  conduct  the  business 
arising  under  said  criminal  jurisdiction  during  such  time  or  times  as  the  court  in 
general  term  may  direct,  and  said  general  term  shall  from  time  to  time  replace  the 
judges  so  assigned  to  try  such  criminal  cases  and  despatch  said  criminal  business 
with  others  of  its  members  selected  by  it  to  that  end  and  as  far  as  practicable 
alternately  and  in  rotation,  so  that  from  time  to  time  each  of  their  number  shall 
in  turn  serve  in  the  transaction  of  the  criminal  business  of  the  court  [unless  the 
judges,  sitting  in  general  term,  shall,  in  their  discretion,  excuse  any  member  of  the 
court  from  so  serving]. 

And  It  shall  be  the  duty  of  the  judges  sitting  in  general  term  to  at  all  times 
so  arrange  the  dockets  of  said  court  that  the  trial  and  disposition  of  criminal  cases 
and  proceedings  shall  have  precedence  over  those  of  civil  action  pending  therein, 
and  to  that  end  shall  from  time  to  time  assign  as  many  judges  of  said  court  for 
the  trial  of  criminal  causes  as  may  be  necessary.  After  the  taking  effect  of  this 
act,  a  grand  jury  shall  be  summoned  each  term  to  attend  upon  such  divisions 
assigned  to  criminal  business  as  said  court  in  general  term  may  direct.  It  shall  be 
charged  with  regard  to  its  duties  by  the  judge  of  said  court  sitting  in  said  division, 
and  it  shall  return  all  indictments  by  it  found  and  deliver  all  reports  by  it  made 
into  said  division.      (Laws  1905,  p.   127,  sec.     4;   and  Laws  1905,     p.  128,  sec.  35 — I.) 

Sec.  60.  Inconsistent  acts  repealed. — All  acts  and  parts  of  acts  inconsistent 
with  this  act  are  hereby  repealed.      (Laws  1905,  p.  128,  sec.  5.) 

Sec.  61.  Jurisdiction  of  common  pleas,  land  and  law  conuniesioner's  court 
transferred  to  the  circuit  court. — On  the  first  day  of  January,  1866,  all  jurisdiction 
then  vested  in  the  Saimt  Louis  court  of  common  pleas,  the  St.  Louis  land  court  and 
the  law  commissioner's  court  of  St.  Louis  county,  and  all  powers  then  vested  in  the 
judges  of  said  courts,  shall  be  transferred  to,  vested  in  and  thereafter  exercised  by 
the  circuit  court  of  St.  Louis  county   [city]   and  the  judges  thereof,  as  said  court 

iJk)  Section  construed  and  the  Eelation  between  the  divisions  of  the  circuit  In 
St.  Louis  discussed,  see:  Haehl  vs.  Wab.  Rv..  119  Mo.  325;  State  ex  rel.  vs.  Withrow, 
133  Mo.   500;  Voullain  vs.   Voullain,   46  Mo.   602. 

Under  the  power  to  increase  tlie  number  of  judges,  statutes  to  that  effect  were  from 
time  to  time  enacted,  the  present  statute  fixing  the  number  at  twelve,  as  per  next 
section.  Tlie  last  prior  law  created  two  new  judges  (then  niakin.ir  eleven)  and  appears 
In  Laws  1903.  p.  142;  the  number  was  made  nine  in  1S95:    Laws  1895,  p.  13L 

(;)  The  portion  enclosed  in  brackets  is  an  amendment  to  the  old  law.  and  was 
passed  at  the  1905  session,  being  approved  April  6.  1905.  while  at  the  same  session 
another  act  incorporating  the  remaining  provisions  was  enacted,  being  approved  March 
21,  190B.  Reading  the  two  together,  it  is  thought  the  law  is  as  appears  above.  Thie 
section  8up«rsedes   the  former  law  as  appears  Infra  in  Sec.   84. 


A.aT.  2.)  STATE  LAWS  SPECIAU^Y  APPLICABLE  TO  ST.   LOUIS.  91 

will  beconio  constituted  under  the  fifteenth  section  of  the  sixth  article  of  the  con- 
stitution of  this  state.  (Laws  lS.")o-6.  p.  71,  sec.  1 ;  Cons.  lSt;r>,  art.  \'I..  sees.  14  and 
15;   K.  S.  1S99,  p.  253S.  sec.  2.) 

Sec.  62.  rntinishcd  business  of  said  courts  transferred  to  circuit  court. — On 
that  day,  all  unliiiislicii  business  remaining  in  any  of  said  lirst  named  three  courts 
shall  be  transferred  to  said  circuit  court,  by  which  the  same  shall  be  |)roceeded 
with,  determined  and  closed  uj)  in  the  same  manner  as  might  have  been  done  b\i 
those  courts,  respectively,  if  they  had  continued  in  existence.  In  all  cases  so  trans- 
ferred the  said  circuit  court  shall  take  judicial  notice  of  all  entries  of  record  made 
therein  before  the  transfer  thereof.  I  Laws  l.S(!,^,-6,  p,  71,  sec.  2:  K.  S.  IS'jg, 
p.  2534.  sec.  3.) 

Sec.  63.  C*ertain  cases  to  Ik-  reniniided  to  circuit  court  from  supreme  court. — 
.\ll  cases  which,  prior  to  said  day,  may  have  been  taken  by  appeal  or  writ  of  error 
from  any  of  said  first  named  three  courts  to  the  Supreme  Court  shall,  upon  any 
doi'Islon  of  the  Supreme  (T'ourt  thereafter  made  remanding  the  same,  be  renmnded  to 
said  circuit  court  and  be  there  proceeded  with  as  if  the  same  had  been  taken  from 
that  court:  and  if  any  party  to  an  action  or  proceeding  in  any  of  said  first  named 
three  courts  shall,  on  or  after  said  day,  desire  to  sue  out  a  writ  of  error  therein, 
such  writ  .<;hall  be  directed  to  the  said  circuit  court,  and  be  returned  by  the  clerk 
thereof.      (Laws  1S65-6,  p.  72,  sec.  3:   R.  S.   1S99,  p.  2534,  sec.   4.) 

Sec.  64.  Judgments  of  said  courts  enforced  iu  circuit  court — liens  and  execu- 
tion!!.— All  judgments,  orders  and  decrees  of  the  said  first  named  three  courts 
remaining  unsatisfied,  unperformed  or  unexecuted,  shall  be  enforced  by  the  said 
circuit  court,  in  the  same  manner  as  it  the  same  had  been  rendered  or  made  therein. 
The  lien  of  all  such  judgments  and  decrees  shall  continue  as  if  the  laws  establishing 
said  courts  were  still  In  force,  and  may  be  revived  by  the  said  circuit  court,  in  the 
manner  provided  by  law  for  reviving  the  lien  of  its  own  judgments  and  decrees; 
and  the  clerk  of  said  circuit  court  may,  whenever  required,  issue  execution  on  any 
luch  judgment  or  decree  in  any  case  authorized  by  law.  (Laws  1S65-6.  p.  72, 
sec.  4;  R.  S.  1899.  p.  2534.  sec.  5.) 

Sec.  65.  Return  of  certiun  process  and  proceedings  thereon. — .AH  writs,  rules. 
process  and  orders  issued  or  made  by  any  of  said  first  named  three  courts,  and 
returnable  to  &ny  term  of  either  of  said  courts,  which  would  be  held  after  the  day 
aforesaid  if  said  courts  continued  in  existence,  and  which  shall  not  have  been 
returned  before  that  day,  shall  be  ralid.  and  be  returned  to  said  circuit  court  at 
such  times  as  they  would  respectfully  have  been  returnable  in  said  courts;  and  the 
said  circuit  court  may  enforce  the  return  thereof.  And  defendants,  in  orders 
against  non-resident,  absent  or  unknown  defendant,  and  in  writs  of  summons  or 
attachments,  shall  plead  to  the  action  within  the  first  six  days  of  the  first  return 
term  of  said  circuit  court,  which  shall  be  held  on  or  after  the  day  said  orders  or 
writs  shall  be  respectively  returnable,  and  the  said  court  shall  have  the  same  power 
to  conform  or  set  aside  sales  made  under  orders  of  or  under  executions  issued  by 
•ither  of  the  first  named  three  courts  mentioned  in  the  first  section  of  said  act,  as 
the  said  courts  respectively  possessed  prior  to  the  first  day  of  .Tanuary,  A.  D. 
eighteen  hundred  and  sixty-six,  and  also  all  other  powers  possessed  by  said  courts 
respectively  prior  to  that  date  in  relation  to  the  said  writs,  rules,  process  and  order. 
(Laws  1S65-6,  p.  T6.  sec.  2;  amended  Laws  1S65-6.  p.  72,  sec.  5;  R.  S.  1899, 
9.  2534.  sec.  6.) 

Sec.  (36.  ll«>corda  of  said  courts  transferred  to  cir<-uit  court.  On  the  day 
aforesaid,  the  several  clerks  of  said  first  named  three  courts  shall  deliver  all  the 
booke.  papers,  records,  furniture  and  other  effects  belonging  to  their  respective 
•fflces  to  the  clerk  of  said  circuit  court,  who  shall  thereafter  have  charge  thereof. 
and  be  responsible  therefor,  and  perform  such  dutii*  in  relation  thereto  as  he  is 
required  by  law  to  perform  in  regard  to  similar  things  appertaining  to  his  own 
offlre;  and  he  shall,  when  required,  make  and  certify  copies,  transcripts  ana 
•Tenipllficatlons  of  any  such  books,  papers  and  records.  And  the  said  circuit  court 
rihall  have  the  same  power  and  control  over  the  books,  papers  and  records  so  trans- 
ferred, including  the  power  to  alter  and  amend  the  same  as  in  cases  allowed  by 
law.  as  it  has  or  may  have  over  its  own  books,  papers  and  records.  (Laws  1S65-6, 
p.  72.  s«c.  6;   R.  S.  1899,  p.  2534.  sec.  7.) 

Sec.  67.  Change  of  venue. — After  the  day  aforesaid,  no  change  of  venue 
•hall  be  allowed  by  the  said  circuit  court  for  the  cause  that  any  one  judge  thereof 
Is  Interested  or  prejudiced,  or  related  to,  or  has  been  counsel  for.  or  is  under  the 
•nrliio  Influence  of  either  party;  but  if  any  such  cause  exist  as  to  any  two  of  the 
Judges  thereof,  a  change  of  venue  may  be  allowed  to  some  other  circuit  court,  or 
to  the  St.  I..OUI3  criminal  court,  which  court  shall  have  jurisdiction  to  try  and 
dotermine  any  case  sent  to  it  by  such  change  of  venue.  Every  application  for  a 
ohange  of  venue  shall  be  nade  to  said  circuit  court  at  the  general  term.  (Laws 
H95-6.  p.   72,  sec.   7;    R.  S.   1899.  p.   2535,  sec.   8.) 


92  STATE   LAWS  SPECIALLY  APPLICABLE  TO   ST.    LOUIS.  [CHAP.  5. 

Sec.  68.  Return  terms. — After  the  day  aforesaid,  there  shall  be  annuall.v  held 
five  return  terms  of  said  circuit  court,  on  the  first  Monday  of  each  of  the  months 
of  February.  April,  June,  October  and  December.  (Laws  1865-6,  p.  72,  sec.  8; 
R.  S.  1899, "p.  2535,  sec.  9.) 

Sec.  6  9.  General  term,  how  organized. — The  said  circuit  court,  after  the  day 
aforesaid,  shall  hold  general  terms  and  special  terms,  as  the  business  thereof  may 
require.  A  general  term  is  when  the  court  sits  as  a  court  in  banc.  .A.t  such  term 
one  of  the  judges  shall  act  as  presiding  judge.  At  the  first  organization  of  the 
court  under  the  constitution,  and  thenceforward  until  the  succeeding  April  term 
thereof,  the  oldest  judge  in  age  shall  preside,  the  next  oldest  judge  shall  preside 
during  the  said  April  term,  and  the  youngest  during  the  succeeding  June  term,  and. 
thereafter  they  shall  preside  alternately  in  the  same  order  of  rotation,  each  during 
the  period  from  the  commencement  of  one  return  term  to  that  of  another;  but  the 
court  may  at  any  time  change"  the  rule  of  presiding  as  its  convenience  may  require. 
(Laws  1865-6,  p.  72.  sec.   9;   R.  S.   1899,  p.  2535,  sec.   10.) 

Sec.  7  0.  General  term — power  to  make  rules  extended. — And  in  addition  to 
the  ordinary  power  of  making  rules  conferred  by  the  general  law,  the  court  may 
make  all  rules  which  its  peculiar  organization  may,  in  its  judgment,  require,  dif- 
ferent from  the  ordinary  course  of  practice,  and  necessary  to  facilitate  the  trans- 
action of  business  therein.  But  all  rules  for  the  government  of  the  court  at  special 
term  shall  be  the  same  before  each  of  the  judges  at  such  term.  (Laws  1865-6, 
p.  73,  part  of  section  14;  other  part  repealed  by  constitution  1875;  R.  S.  1899, 
p.  2535,  sec.  11 — m.) 

Sec.  71.  General  term — business  to  be  classified  and  distributed. — The  said 
court  may  classify,  arrange  and  distribute  the  business  thereof  among  the  several 
judges,  as  the  majority  of  them  may  deem  expedient,  and  each  judge  shall  attend 
to  the  business  of  the  court  in  conformity  with  the  arrangement  thereof  made  by 
the  majority,  and,  when  not  occupied  with  the  business  assigned  to  him,  shall,  as 
far  as  practicable,  aid  the  other  judges,  to  which  end  cases  may  be  sent  from  one 
judge  to  another  at  special  term,  as  the  individual  judges  may  agree  and  direct. 
(Laws  1865-6,  p.  73,  sec.  15;  R.  S.  1899,  p.  2535,  sec.  12— n.) 

Sec.  72.  Certain  dockets  to  be  kept. — The  said  circuit  court  after  the  first 
day  of  January,  1866,  shall  require  the  clerk  thereof  to  keep  four  [thirteen]  record 
books  of  its  proceedings,  one  for  the  general  term  and  one  for  each  of  the  judges 
at  special  term,  and  shall  require  the  record  of  each  day's  proceedings  to  be  fully 
written  up  at  such  time  as  said  court  shall,  by  its  rules,  direct.  (Laws  1865-6, 
p.  74,  sec.  18;  R.  S.  1S99.  p.  2535,  sec.  13.) 

Sec.  73.  Special  terms  defined. — A  special  term  is  where  only  one  judge 
presides,  and  is  for  the  trial  of  causes,  anil  the  transaction  of  all  other  business  not 
specified  in  the  next  preceding  section,  and  each  judge  at  special  term,  with  that 
exception,  shall  have  and  e.xercise  all  the  powers  and  functions  which  he  might  liave 
and  e.xercise  if  he  were  the  sole  judge  of  the  court.  (Laws  1865-6,  p.  73,  sec.  11; 
R.  S.  1899,  p.  2536,  sec.  14—0.) 

Sec.  7  4.  Power  of  special  term  oAer  its  .judgments. — The  said  court  shall 
have  the  same  power,  at  special  term,  to  vacate  or  modify  its  own  judgments, 
decrees  or  orders  rendered  or  made  at  such  term,  as  if  the  said  court  were  con- 
stituted with  a  single  judge.  (Laws  1865-6,  p.  73,  sec.  13;  R.  S.  1899,  p.  2536, 
sec.  15.) 

Sec.  75. — Poivers  of  judges  in  vacation. — Each  judge  of  the  said  circuit  court, 
in  vacation,  shall  have  and  exercise  the  same  powers  that  he  might  have  and 
exercise  if  he  were  the  sole  judge  of  said  court.  (Laws  1865-6,  p.  76,  sec.  1; 
R.  S.  1899,  p.  2530.  sec.  IG— p.) 

Sec.  76.  Judge's  fee — costs  of  clerk  regulated. — From  and  after  the  first  day 
of  January,  1866,  the  plaintiff  in  every  action  instituted  in  said  circuit  court  and 
appellant  in  every  appeal  case  brought  into  said  court,  shall,  at  the  time  of 
instituting  his  action  or  filing  the  transcript  in  the  case  appealed,  pay  to  the  clerk 
of  said  court  the  sum  of  one  dollar,  to  be  known  as  the  judge's  fee.  and  no  writ 
shall  be  issued  in  any  such  action,  or  transcript  filed  in  any  such  appeal  case,  unless 
such  fee  be  so  paid.  On  the  first  Monday  of  every  month  the  clerk  of  said  court 
shall  pay  into  the  treasury  of  the  county  of  St,  Louis,  for  the  use  of  said  county, 
all  judge's  fees  received  by  him  during  the  preceding  month  in  pursuance  of  this 
section,  and  from  and  after  the  said  first  day  of  January,  1866,  the  clerk  of  said 

(»/l  See  Tilford  vs.  Ramsey.  43  Mo.  410.  Tlu-  power  to  make  rules  conferred  by 
Art.  6.  Sec.  27  of  the  Constitution,  was  only  intemleO  to  confer  autliority  at  general 
term  to  make  sucli  rviles  as  would  secure  uniformity  in  the  several  divisions  of  tlie 
St.  Louis  Circuit  Court:     State  ex  rel.  v.s.  Withrow.  133  Mo.  500. 

A  rule  of  the  circuit  court  which  is  in  conllict  with  a  right  given  by  statute  is 
void:     State  ex  rel.  vs.  '^'ithrow,   135  Mo.   376. 

M      Relation  and   powers  at  general  or  special   term:      Haclil    vs.    Wabash   Ry..   119 
Mo.  325;  Voullaire  vs.  Voullaire.  45  Mo.  602;  Stripling  vs.  Magiiire.  lOS  Mo.  App.  594,  600; 
Tilford  vs.  Ramsey.  43  Mo.  410;  State  ex   rel.   vs.   Eggers.  152  Mo.   1.  c.   4S7. 
o)      See  cases  supra. 
(fi)        State  ex  rel.   vs.  Eggers.   152  Mo.   4S5.  4ST. 


ART.    21  STATK    LAWS   SPKCIAI.LY    AI'I'LICAHLIC  TO   ST.    LOUIS.  93 

court  shall  not  detiiand  or  receive  at  the  institution  of  any  action,  any  fee  for  or  on 
account  of  Issuing  the  summons,  attachment  or  other  original  writ  by  which  such 
action  may  be  instituted,  or  of  mal<inK  any  copy  to  go  out  with  such  writ,  but  the 
fees  therefor  shall  be  taxed  and  collected  as  other  costs.  (Laws  1865-6.  p.  71, 
sec  lit:   K.  S.  lSy9.  |).  2.^.;!i;.  sec.  17.1 

Sec.  77.  Jurors,  hou  fiiriiislicd. — After  the  said  last  named  day,  the  jury 
commissioner  of  St.  lA)uis  county  shall,  in  the  manner  prescribed  by  law^  furnish  to 
said  circuit  court,  from  his  jury  list,  the  names  of  a  sufficieut  number  of  jurors  to 
serve  in  said  court,  before  the  several  judges  thereof  at  special  term.  (Laws 
1865-6.  p.  75,  sec.   2.!:   U.  S.   1S99.  p.  2536.  sec.  IS.) 

Sec.  78.  M»H-hunics'  liens,  when  lUed. — On  and  after  the  said  last  named  day 
all  mechanics',  material  men's,  builders',  laborers'  and  artisans'  liens  in  the  county 
[lityl  of  St.  Louis  shall  be  filed  in  the  office  of  the  clerk  of  said  circuit  court,  who 
shall  perform  all  duties  in  relation  thereto  which  were  theretofore  performed  by 
or  incumbent  upon  the  clerk  of  the  St.  Louis  land  court.  (Laws  1865-6,  p.  75. 
sec.  24;   R.  S.   ISit'.t.  p.  2536.  sec.   19.) 

Sec.  79.  Certain  abstract  of  .iu<l};inen(s  to  be  continued. — On  and  after  said 
day.  the  clerk  of  said  circuit  court  shall  keep  in  liis  office  lli(>  abstract  of  judgments 
theretofore  kept  by  the  clerk  of  the  St.  Louis  land  court,  in  pursuance  of  the  "act  to 
establish  a  land  court  in  St.  Louis  county,  and  for  other  purposes."  approved 
December  12.  185.'..  and  shall  enter  therein  all  judgments  rendered  by  said  circuit 
court,  and  shall  perform  all  other  duties  in  relation  to  said  abstract  which  shall 
have  theretofore  been  performed  by  or  incumbent  upon  the  clerk  of  said  land  court. 
I  Laws  1865-6.  p.  75,  sec.  25;  R.  S.  1899.  p.  2536.  sec.  20.) 

Sec.  SO.  Cn.ses  ti-inble,  when. — Suits  instituted  in  said  circuit  court  shall  be 
triable  at  the  return  term  thereof  in  all  cases  in  whicli  the  defendants  have  been 
summoned  personally,  or  by  copies  left  at  their  usual  i)lace  of  abode  with  a  member 
of  their  families  over  the  age  of  fifteen  years,  at  least  fifteen  days  before  the  first 
day  of  such  term,  unless  continued  for  good  cause  shown,  as  required  by  the  law 
or  rules  of  court.  (Laws  1868,  p.  41,  amending  laws  1865-6,  p.  76,  sec.  3.  R.  S. 
1899  p.  2536,  sec.  20.) 

Sec.  SI.  St.  Louis  criminal  <-ourt  to  consist  of  two  divisions. — From  and  after 
the  passage  of  this  act.  the  St.  l.,ouis  Criminal  court  shall  consist  of  two  divisions  of 
which  each  shall  be  presided  over  by  a  separate  judge,  and  shall  have  and  exercise 
all  the  powers  and  jurisdiction  now  had  and  exercised  by.  and  shall  iiorform  all  the 
duties  now  beUmging  to  said  court  as  at  present  constituted.  One  of  said  divisions 
nhall  he  known  and  styled  as  division  number  one.  and  the  other  as  division  number 
two.  of  said  court.  The  judge  of  said  court  who  shall  be  in  office  at  the  time  of 
the  passage  of  this  act.  and  his  successors,  shall  preside  over  and  perform  all  the 
duties,  and  exercise  all  the  powers,  of  the  office  of  judge  in  division  number  one  of 
said  court,  and  the  judge  of  said  court  to  be  appointed  by  the  governor,  as  herein- 
below  provided,  and  his  successors,  shall  preside  over,  perforin  all  the  duties  and 
exercise  all  the  powers  of  said  office  of  judge  in  division  number  two  thereof. 
(Ij»ws  1895,  p.  i:n:  R.  S.  1S99,  p.  25:57.  sec.  21— g) 

Sec.  82.  Governor  to  appoint  additional  judge— —«juaIifications — salary. — As 
soon  as  possible  after  the  passage  of  this  act.  the  governor  shall  appoint  and  com- 
mission, for  a  term  to  end  on  the  day  before  the  first  Monday  of  January.  1S97.  and 
additional  judge  of  the  St.  Louis  criminal  court.  The  judge  so  api)ointed  shall  be 
a  resident  of  said  city,  learned  in  the  law.  and  have  all  the  qualifications  required 
by  the  constitution  for  a  circuit  judge.  His  salary  shall  bo  the  same  amount  per 
annum  as  that  now  paid  the  present  judge  of  said  court,  and  shall  be  paid  in  the 
same  manner  and  out  of  the  same  moneys  as  that  of  said  present  judge  is  now 
paid.     (lb.,  p    i:!l.  sec.  2 — f/. ) 

aec.  83.  Terms  of  court^-oHfcers  an<l  llieir  duties. — The  terms  of  said  crim- 
inal court  shall,  until  changed  by  law.  continue  to  be  the  same  as  they  now  are.  and 
each  division  thereof  shall  sit  for  the  trial  of  causes  and  other  business  at  each  of 
the  said  terms.  The  clerk  of  said  court  as  now  established  and  his  successors 
sball.  after  the  passage  hereof,  perform  the  duties  of  his  office  for  both  divisions 
thereof,  and  be  the  clerk  of  both.  The  circuit  attorney  and  assistant  circuit 
attorney  of  their  [the]  city  of  St.  Louis  and  the  [their]  respective  successors  shall. 
after  the  passage  hereof,  perform  all  the  dtities  of  their  respective  offices  in  and 
for  both  divisions  of  said  court  which  are  now,  under  the  existing  law,  performed 
by  them  in  and  for  the  said  court  as  now  established,  (lb.,  p.  131,  sec.  3.  R.  S. 
1899.  p.  2537.  sec.  24.) 

Sec.  84.  .-VssiKnnieni  of  causes — how  niad<-. —  [As  soon  as  may  be  after  the 
appointment  of  the  additional  judge  of  said  criminal  court  above  provided  for,  all 
causes,  motions  and  other  proceedings  and  matters  which,  at  said  time,  may  be 
pending  undisposed  of  in  said  court,  shall  be  allotted  and  assigned  for  disposition 

(«)     Thosp  sprtinnii  are  aupcrscded  by  later  enactments,  the  present  la.  .;  -t.i 

'05.  p.  127-lIS.  which  sec  supra. 


94  STATE  LAWS  SPKCIALLi'   APPLICABLE  TO   ST.   LOUIS.  tCHAP.   5. 

to  said  several  divisions  thereof  by  the  said  judges  in  such  manner  as  they 
may  agree  to,  or,  in  case  of  their  disagreement,  in  such  manner  as  they  and  the 
then  oldest  in  commission  of  the  judges  of  the  circuit  court  of  the  city  of  St.  Louis, 
or  a  majority  of  them,  and  said  circuit  judge,  may  direct — such  assignment  to  be 
made  as  to  give  to  each  division  as  nearly  an  equal  proportion  of  such  undeter- 
mined business  as  possible.  All  cases,  proceedings  and  other  business  arising  and 
coming  within  the  jurisdiction  of  said  court,  after  the  appointment  of  said  ad- 
ditional judge,  shall,  upon  its  so  arising,  be  assigned  to  said  two  divisions  re- 
spectively for  determination  and  disposition,  in  such  manner  as  said  judges,  or  a 
majority  of  them  and  said  circuit  judge,  may  direct.  Each  division  of  said  court 
shall  have  full  power  to  carry  out  and  enforce  all  judgments,  decrees  or  orders 
which  have  been  rendered  or  made  before  the  appointment  and  qualification  of 
said  additional  judge,  the  same  as  said  court  might  have  done  if  this  act  had  not 
been  passed.  A  grand  jury  may  be  summoned  to  attend  upon  said  court  sitting 
in  division  number  one,  at  each  term  thereof.  It  shall  be  charged  with  regard  to 
its  duties  by  the  judge  who  shall  be  presiding  in  said  division  number  one  and 
shall  return  all  indictments  found  and  deliver  all  reports  made  by  it  into  the  said 
division.  In  case  of  the  absence  from  said  city,  sickness  or  other  disability  of 
either  of  said  judges,  the  other  of  them  may  sit  and  dispose  of  the  business  of  the 
division  of  the  one  so  absent,  sick  or  otherwise  disabled  from  attending  thereto.] 
(lb.,  p.  131.  sec.  4.     R.  S.  1S99,  p.  2537.  sec.  25— r.) 

Sec.  S5.  Changes  of  vemie  to  other  divisions  in  cases  of  pre.judicc  or  interest. 
— Whenever,  after  the  appointment  and  qualification  of  said  additional  judge,  any 
application  for  change  of  venue  shall  be  made  in  any  cause  pending  in  either  of  the 
said  divisions  of  said  criminal  court,  on  account  of  the  prejudice,  or  interest,  or 
other  legal  ground  of  objection  to  the  judge  of  said  division,  then  said  cause  shall 
be  transferred  to  the  other  division  thereof  for  trial  or  other  disposition.  (lb., 
132,  sec.  5.      R.  S.  1899,  p.  2538.  sec.  26.) 

Sec.  8  6.  St.  Louis  criminal  court  abolished — .jurisdiction  vested  in  circuit 
court. — On  the  first  Monday  of  .lanuary,  1S9T.  the  St.  Louis  criminal  court,  and  the 
office  of  the  judges  and  clerk  thereof,  shall  be  abolished,  and  all  jurisdiction  and 
powers  then  vested  in  said  court  or  the  judges  thereof  shall  be  transferred  to, 
vested  in  and  thereafter  exercised  by  the  circuit  court  of  the  city  of  St.  Louis  and 
the  judges  thereof,  as  said  court  will  on  that  day  be  constituted  under  the  consti- 
tution and  the  laws  then  in  force,  and  thereafter  said  circuit  court  and  judges,  ex- 
cept in  cases  of  which  the  St.  Louis  court  of  criminal  correction  has  jurisdiction, 
shall  have  the  same  jurisdiction  in  criminal  cases  and  matters  arising  in  said 
city  that  under  the  constitution  and  laws  is  or  may  be  vested  in  other  circuit  courts 
of  the  state.      (lb.,  p.  132,  sec.  0.     R.  S.  1X99,  p.  2538.  sec.  27— s.) 

Sec.  87.  Circuit  court  to  finisli  up  remaining  business. — On  that  day  all  un- 
finished business  remaining  in  said  criminal  court  shall  be  transferred  to  said  cir- 
cuit court,  by  which  the  same  shall  be  jiroceeded  with,  determined  and  closed  up  In 
the  same  manner  as  might  have  been  done  by  said  criminal  court  if  it  had  continued 
in  existence.  In  all  cases  so  transferred,  said  circuit  court  shall  take  judicial  no- 
tice of  all  entries  of  record  made  therein  before  the  transfer  thereof.  (lb.,  p.  132, 
sec.  7.      R.  S.  1899,  p.  2538,  sec,  28.) 

Sec.  88.  In  cases  of  appeal  or  writ  of  error  .judgment  to  Iw  remanded  to  circuit 
court. — All  cases  which  prior  to  said  day  may  have  been  taken  by  appeal  or 
writ  of  error  from  said  criminal  court  to  the  supreme  court  or  the  St.  Louis  court 
of  appeals,  shall,  upon  any  judgment  or  decision  of  the  supreme  court  or  court  of 
appeals  thereafter  made  remanding  the  same,  be  remanded  to  said  circuit  court, 
and  be  there  proceeded  with  as  if  the  same  had  been  taken  from  that  court:  and  if 
any  party  to  any  action  or  proceeding  in  said  criminal  court  shall,  on  or  after  said 
day,  desire  to  sue  out  a  writ  of  error  therein,  such  writ  shall  be  directed  to  the  said 
circuit  court,  and  be  returned  by  the  clerk  for  criminal  causes  thereof  hereinafter 
mentioned.      (lb.,  p.  132.  sec.  8.      R.  S.  1899,  p.  2538,  sec.  29.) 

Sec.  89.  All  .judgments  and  decrees  of  criminal  court  unsatisfied  shall  be  en- 
forced h,v  circuit  court — liens  to  continue  in  circuit  court. — All  judgments  and  de- 
crees of  said  criminal  court  remaining  unsatisfied,  unperformed  or  unexecuted 
shall  be  enforced  by  the  said  circuit  court,  in  the  same  manner  as  if  the  same  had 
been  rendered  or  made  therein.  The  lien  of  all  such  judgments  and  decrees  shall 
continue  as  if  the  laws  establishing  said  court  were  still  in  force,  and  may  be  re- 
vived by  the  said  circuit  court,  in  the  manner  provided  by  law  for  reviving  the  lien 
of  its  own  judgments  and  decrees;  and  the  clerk  for  criminal  causes  of  said  circuit 
court  may,  whenever  required,  issue  execution  on  any  such  judgments  or  decree 
in  any  case  authorized  by  law.      (lb.,  p.  133,  sec.  9.      R.  S.  1899,  p.  2538,  sec.  30.) 

(r)        Superseded  by  Laws  1905.  p.   127-12S.  Sees.   4  and  35.  set  forth  above   [Sec.   59]. 

(5)  The  circuit  court,  under  this  section,  has  jurisdiction  over  misdemeanors  pun- 
ishable by  imprisonment  in  the  penitentiary,  the  court  of  criminal  correction  over  those 
punishable  by  imprisonment  in  jail,  or  fine,  or  both:  State  ex  rel.  vs.  Poster,  187  Mo. 
590.  600. 


i 


ART.   2]  STATH   I,A\VS  SPKCIAM.Y   APPIJCABLK  TO  ST.    LOUIS.  95 

Sec.  90.  Writs,  riilos  and  profos.s,  how  rt'liinuihlc. — All  writs,  rules,  pro- 
cess and  orders  issued  or  made  by  said  criminal  cniiri,  and  returnable  to  any  term 
thereof  which  would  be  held  after  the  day  aforesaid  if  said  court  continued  In  ex- 
istence, and  which  shall  not  have  been  returned  before  that  day.  shall  be  valid,  and 
be  returned  to  said  circuit  court  at  such  time  as  they  would  respectively  have  been 
returnable  In  said  criminal  court,  and  the  said  circuit  court  may  enforce  the  return 
thereof.      (lb.,  p.  l.TS.  sec.   10.      R.  S.  1899.  p.  2r,,'?9.  sec.  31.) 

Sec.  91.  Clerk  of  .St.  I,<>uis  criiiiiiial  court  shall  <l<-liver  hooks,  records,  finni- 
fure,  etc.,  to  clerk  for  criminal  causes  in  circuit  court. — On  said  first  Monday  of 
January,  1S97,  the  clerk  of  said  St.  Louis  criminal  court  shall  deliver  all  the  books, 
papers,  records,  furniture  and  other  effects  belonging  to  his  office  to  the  clerk  for 
criminal  causes  of  said  circuit  court,  who  shall  thereafter  have  charge  thereof  and 
be  resiionslble  therefor,  and  perform  such  duties  in  relation  thereto  as  he  is  re- 
quired by  law  to  perform  in  regard  to  similar  things  appertaining  to  his  own  office; 
and  he  shall,  when  required,  make  and  certify  copies,  transcripts  and  oxeniplilica- 
tlons  of  any  such  books,  papers  and  records;  and  the  said  circuit  court  shall  have 
the  same  power  and  control  over  the  books,  papers  and  records  so  transferred  to  it. 
Including  the  power  to  alter  and  amend  the  same  in  the  cases  allowed  by  law,  as 
It  has  or  may  have  over  its  own  books,  papers  and  records.  (lb.,  p.  i:53,  sec.  11. 
R.  S.  1S99,  p.  2539,  sec.  32.) 

Sec.  92.  Salary  of  judges. — From  and  after  the  first  Monday  of  January, 
1897,  each  of  the  judges  of  said  circuit  court  of  the  said  city  shall  receive  yearly,  in 
addition  to  the  amount  allowed  by  law  to  the  several  judges  of  the  circuit  courts, 
to  be  paid  out  of  the  state  treasury,  the  further  sum  of  three  thousand  five  hun- 
dred dollars,  to  be  paid  out  of  the  treasury  of  said  city  in  monthly  installments, 
which  installments  the  municipal  assembly  of  said  city  shall  cause  to  be  duly  paid 
to  said  judges.      (lb,,  p.  133,  sec.  12.      R.  S.  1S99.  p.  2,">39,  sec.  .M.) 

Sec.  93.  Transfer  and  disposal  of  criminal  <'aiiscs — criminal  causes  to  have 
pn-cedence — >n'an<l  jury. — On  the  first  Monday  of  January.  1S97.  or  as  soon  there- 
after as  may  be.  the  judges  of  said  circuit  court  of  the  city  of  St.  Louis,  sitting  in 
general  term,  shall  assign  two  or  more  of  their  number,  who  shall  sit  separately, 
for  the  trial  of  criminal  causes  then  or  thereafter  pending  in  said  court,  and  for  the 
disposition  of  such  other  business  arising  under  the  criminal  jurisdiction  of  the 
court  as  may  come  before  it.  and  to  whom  shall  thereupon  be  transferred  for  trial 
and  disposition.  In  such  proportions  between  themselves  as  said  [court]  in  general 
term  shall  determine,  all  of  the  unfinished  cases,  actions  and  proceedings  which 
shall  have  been,  on  the  first  Monday  of  January,  1897,  transferred  to  said  court 
from  the  said  criminal  court.  The  judges  so  assigned  for  the  trial  of  said  criminal 
cas«>s,  and  the  disposition  of  other  business  arising  under  the  criminal  jurisdiction, 
shall  try  and  dispose  of  the  cases  so  transferred  to  them,  and  conduct  the  business 
arising  under  said  criminal  jurisdiction  during  such  time  or  times  as  the  court,  in 
general  term,  may  direct,  and  said  general  term  shall,  from  time  to  time.  rei)lace 
the  judges  so  assigned  to  try  said  criminal  cases  and  dispatch  said  criminal  busi- 
ness, with  others  of  Its  members  selected  by  it  to  that  end.  and,  as  far  as  practic- 
able, alternately  and  in  rotation,  so  that  from  time  to  time  each  of  their  number 
shall  In  turn  serve  in  the  transaction  of  the  criminal  business  of  the  court.  And 
It  shall  be  the  duty  of  the  judges  sitting  in  general  term  to  at  all  times  so  arrange 
the  dockets  of  said  court  as  [so]  that  the  trial  and  disposition  of  criminal  cases 
and  proceedings  shall  have  precedence  over  those  of  civil  actions  pending  therein, 
and  to  that  end  they  shall  from  time  to  time  assign  as  many  judges  of  said  court  for 
the  trial  of  criminal  cases  as  may  be  necessary.  After  the  first  .Monday  of  Janu- 
ary. 1897.  a  grand  jury  shall  be  summoned  each  term  to  attend  upon  such  division 
assigned  to  criminal  business  as  said  circuit  court  in  general  term  shall  direct.  It 
shall  be  charged  with  regard  to  its  duties  by  the  judge  of  said  court  sitting  in  said 
division,  and  it  shall  return  all  indictments  by  it  found,  and  deliver  all  reports  by 
U  made  Into  said  division.      (lb.,  p.  133,  sec.  13;  R.  S.  1899,  p.  2539.  sec.  35.) 

Sec.  94.  Office  of  clerk  for  criminal  causes  created — fees  and  coni|H'nsation — 
amount  of  bond — term  of  office. — On  and  after  the  first  Monday  of  January.  1S97, 
there  shall  l)e  an  additional  clerk  of  the  said  circuit  court,  to  be  known  as  the  cir- 
cuit clerk  for  criminal  causes  of  said  circuit  court,  who  shall  have  charge  of  the 
books,  papers  and  records  of  said  court  pertaining  to  the  criminal  cases  and  busi- 
ness pending  therein  from  time  to  time,  and  shall  perform  all  the  duties  for  the 
divisions  of  the  said  court  assigned  for  the  trial  and  disposition  of  criminal  casesand 
busness.  that  under  the  law  now  existing  are  required  to  be  performed  for  the  said 
St.  Louis  criminal  co\irt  by  the  clerk  thereof.  P'roni  and  after  said  day  in  January, 
1897.  and  until  the  first  Monday  of  January.  1S99.  whoever  may  be  the  clerk  of  the 
said  criminal  court  on  the  day  before  the  first  Monday  of  January,  1897,  shall  per- 
form the  duties  hereby  cast  upon  said  circuit  clerk  for  criminal  causes  of  said  cir- 
cuit court,  and  hold  and  exercise  the  office  of  such  clerk.  He  shall  for  his  services 
receive  the  same  fees  and  compensation  as  by  the  law  in  force  on  said  first  .Monday 


96  STATE   LAA'S  rtPKCIALLY   APPLICABLE  TO  ST.    LOUIS.  [CHAP.  5. 

of  January,  1S97.  is  allowed  to  said  clerk  of  said  criminal  court  for  like  services,  but 
not  retaining  in  any  year  a  greater  amount  of  tees  than  under  the  law  now  in  force 
is  allowed  to  be  retained  by  him  for  his  services  as  clerk  of  said  criminal  court.  He 
shall,  on  or  before  said  first  Monday  of  January,  1897,  enter  into  a  bond,  payable 
to  the  state  of  Missouri,  with  good  and  sufficient  securities,  resident  in  said  city,  to 
the  satisfaction  of  a  majority  of  the  judges,  of  said  circuit  court.  In  a  sum  not  less 
than  five  thousand  dollars,  and  as  much  more  as  a  majority  of  said  judges  may 
require,  conditioned  that  he  will  faithfully  perform  the  duties  of  the  office  of  cir- 
cuit clerk  for  criminal  causes  of  the  circuit  court  of  the  city  of  St.  Louis,  and  pay 
over  all  moneys  which  may  come  to  his  hand  by  virtue  of  his  office,  and  that  he, 
his  executors  or  administrators,  will  deliver  to  his  successor,  safe  and  undefaced, 
all  books,  records,  papers,  seals,  apparatus  and  furniture  of  his  office  of  circuit 
clerk  for  criminal  causes  as  aforesaid.  At  the  general  election  in  November,  1898, 
and  every  four  years  thereafter,  there  shall  be  elected  by  the  qualified  voters  of 
said  city  a  circuit  clerk  for  criminal  causes  of  the  circuit  court  of  the  city  of  St. 
Louis,  who,  when  so  elected,  shall  be  commissioned  by  the  governor,  and  shall 
enter  upon  the  discharge  of  his  duties  upon  the  first  Monday  of  January  ensuing 
his  election.  He  shall  hold  his  office  for  the  term  of  four  years,  and  until  his 
successors  shall  be  duly  elected  and  qualified,  unless  sooner  removed  from  office. 
He  shall  receive  for  his  services  the  same  fees  as  are  or  may  be  allowed  to  other 
circuit  clerks  in  the  state  for  like  services,  Ijut  not  retaining  in  any  year  for  his 
salary  and  services  a  greater  amount  of  the  fees  of  his  office  than  under  the  law 
as  now  in  force  is  allowed  to  be,  retained  by  the  clerk  of  said  criminal  court.  He 
shall  use  in  the  attestation  of  all  writs  and  papers  issued  or  made  by  him  which 
are  required  to  be  under  seal,  the  seal  of  said  circuit  court.  (lb.,  p.  134,  sec.  14; 
R.  S.   1899,  p.   2540,  sec.   36.) 

Sec.  9  5.  Circuit  and  assistant  circuit  attorney  shall  nianase  and  conduct  all 
criminal  causes — compensation. — On  and  after  the  first  Monday  of  January,  1897, 
the  circuit  attorney  and  the  assistant  circuit  attorney  of  the  city  of  St.  Louis  shall 
manage  and  conduct  all  criminal  cases,  business  and  proceedings  of  which  said 
circuit  court  shall  have  jurisdiction,  in  like  manner  as  under  the  laws  now  in  force 
they  are  required  to  manage  and  conduct  the  like  cases  and  business  of  which  the 
said  St,  Louis  criminal  court  now  has  jurisdiction.  Their  compensation  re- 
spectively shall,  after  said  day,  be  the  same  as  it  now  is,  and  be  paid  in  the  same 
manner  as  is  now  provided  by  law.  (lb.,  p.  135,  sec.  15;  R.  S.  1899,  p.  2541, 
sec.  3  7.) 

Sec.  9  6.  Changes  of  venue,  how  clfectod. — After  said  first  Monday  of  Jan- 
uary. 1897,  changes  of  venue  shall  be  allowed  from  said  circuit  court  in  any 
criminal  case  pending  therein,  for  any  cause  for  which  such  changes  are  or  may 
be  allowed  from  other  courts  of  this  state  having  criminal  jurisdiction:  but  when- 
ever such  changes  is  [are]  asked  on  the  ground  of  prejudice,  interest,  or  other 
legal  objection  to  any  of  the  judges  thereof  who  may  have  been  assigned  for  the 
trial  of  such  case,  no  change  shall  be  awarded,  but  the  case  shall  be  transferred 
to  another  division  of  said  court,  to  which  the  trial  and  disposition  of  criminal 
cases  may  have  been  allotted  by  the  court.  (lb.,  p.  135,  sec.  16;  R.  S.  1899, 
p.    2541,   sec.    38.) 

Sec.  97.  Circuit  court  in  general  term  may  make  rules  to  carry  act  into 
effect. — The  judges  of  said  circuit  court  sitting  in  general  term  are  hereby 
empowered  to  adopt  and  promulgate  from  time  to  time  such  rules  and  regula- 
tionr  as  may  by  them  be  found  to  be  necessary  or  expedient  to  carry  this  act  into 
effect,  and  to  secure  in  said  city  as  well  an  efficient  administration  of  the  laws  of 
the  state  relating  to  crimes,  as  a  prompt  and  thorough  enforcement  of  the  rights 
of  persons  and  property  under  the  laws  relating  to  civil  actions  and  procedure, 
(lb.,  p.  135,  sec.  17;   R.  S.  1899,  p.  2541,  sec.  39.) 

Sec.  9  8.  Inconsistent  acts  repealed. — All  acts  and  parts  of  acts  inconsistent 
with  this  act  are  hereby  repealed.      (lb.,  p.  135,  sec.  18.) 

Sec.  99.  Kniergenc.v  clause. — The  existing  delays  in  the  administration  of 
justice  in  both  civil  and  criminal  cases  in  the  city  of  St.  Louis  constitute  an 
emergency  within  the  meaning  of  the  constitution;  and  it  is  therefore  enacted 
that  this  act  shall  take  effect  from  and  after  its  passage.     (lb.,  p.  135,  sec.  19.) 

Sec.  100.  .Amount  to  be  retained  by  circuit  clerks  and  clerks  of  criminal 
courts — appointment  of  deputies — c(mipensation,  etc. — In  all  counties  and  cities  not 
within  the  limits  of  a  county  having  a  population  of  three  hundred  thousand  inhabi- 
tants or  more,  or  such  as  may  hereafter  have  three  hundred  thousand  inhabitants  or 
more,  the  clerk  of  the  circuit  court  of  such  county  or  city  may  retain,  out  of  the  fees 
received  by  him  as  such  clerk,  an  amount  not  exceedin.g  the  sum  of  five  thousand  dol- 
lars per  annum  for  his  services  as  such  clerk.  In  all  counties  and  cities  not  within 
the  limits  of  a  county,  having  a  population  of  three  hundred  thousand  inhabitants 
or  more,  or  such  as  may  hereafter  have  three  hundred  thousand  inhabitants  or 


AKT.  ;l— 4.1         STATIC   LAWS  SPECIALLY   AITLICABLK  TO  ST.    LOUIS.  97 

more,  the  clerks  of  fourLs  having  oriiiiinal  jurisdiction  in  such  city  or  county  shall 
receive  an  amount  not  exceodinn  the  tliousaml  dollars  per  annum  tor  his  salary 
and  service  as  such  clerk,  to  be  retained  out  of  the  fees  of  his  office.  In  all  such 
cities  or  counties  the  clerk  of  such  court  shall  have  the  right  to  select  and  appoint 
as  many  deputies,  subject  to  the  approval  of  the  court,  as  may  be  necessary 
to  perform  the  duties  of  his  office,  and  shall  fix  the  ■compensation  of  such  dei)uties. 
not  exceeding  the  sum  of  twelve  thousand  dollars  in  the  aggregate,  which  deputy 
hire  shall  be  paid  out  of  the  fees  of  his  office.  At  the  end  of  each  year  such  clerk 
shall  make  out  and  return  to  the  treasurers  of  said  counties  and  cities  not  within 
the  limits  of  a  county,  a  full  and  correct  statement  of  all  such  fees  collected  by 
them  during  the  year,  and  in  the  event  that  the  aggregate  sum  so  collected  shall 
not  be  equal  to  the  amount  of  their  respective  salaries  and  that  of  their  deputies 
as  herein  provided,  the  deficit  shall  be  paid  to  such  clerk  out  of  the  treasury  of 
snch  counties  and  cities.      (Laws  190;').  p.  154:  amending  R.  S.  1S99,  sec.  8271.) 

Sec.  101.  KnierKeiuy  clause. — The  increase  in  the  number  of  criminal 
divisions  of  circuit  courts  in  this  state  and  the  necessity  for  the  increase  in 
clerical  force  and  labor  in  said  courts  creates  an  emergency  within  the  meaning 
of  the  constitution,  and  this  act  shall  take  effect  and  be  in  force  upon  its  passage, 
(lb.,  sec.  2.) 

ARTICLE  III. 

OK   PUOnATIC  COrKTS.* 


ARTICLE  IV. 
THE  ST.   LOUIS  COURT  OF  CRIMINAL  CORRECTION." 

Sec.  102.  Court  established. — There  is  hereby  established  in  the  county 
[city]  of  St.  Louis  a  court  of  record,  which  shall  be  known  and  called  "the  St. 
Louis  Court  of  Criminal  Correction."  (Laws  1SG5-G,  p.  "S,  sec.  1;  R.  S.  1S99, 
p.   2541.) 

Sec.  103.  A  court  of  record. — Said  court  of  criminal  correction  shall  be  a 
court  of  record,  and  shall  jiossess  all  the  powers,  and  perform  the  duties,  and  be 
subjected  to  the  restrictions  of  a  court  of  record,  according  to  the  laws  of  this 
state.     (Laws  1S(;9.  p.  194.  sec.  1:   R.  S.  1S99.  p.  2541— r) 

Sec.  104.  Klection,  (|iiiili(U'atioii  and  terms  of  jutlfje  and  officers. — At  the 
general  election,  every  four  years,  there  shall  be  elected  by  the  qualified  voters  of 
St.  Louis  county  [city]  a  judge  and  clerk  of  said  court,  a  prosecuting  attorney,  to 
be  styled  the  prosecuting  attorney  for  the  [St.  Louis]  court  of  criminal  correction 
of  St.  Louis  county,  and  an  assistant  i)rosecuting  attorney.  Said  judge  shall 
possess  the  qualifications  of  a  judge  of  the  circuit  court,  and  shall  hold  his  office 
for  the  term  of  four  years  irom  the  time  of  his  election,  and  until  his  successor 
shall  be  duly  elected  and  qualified,  unless  sooner  removed  from  office.  Said  clerk 
shall  possess  the  qualifications  of  a  clerk  of  the  circuit  court,  and  be  subject  to  all 
the  requirements  and  obligations  exacted  of  and  imposed  by  law  upon  clerks  of 
courts  of  record,  and  shall  hold  his  office  for  the  term  of  four  years  from  the  time 
of  his  election,  and  until  his  successor  shall  be  duly  elected  and  qualified,  unless 
sooner  removed  from  office:  and  said  clerk  shall  have  power,  by  and  with  the  con- 
sent of  the  judge  of  said  court,  to  appoint  one  or  more  deputies,  which  said 
appointment  shall  be  approved  by  said  court;  thereupon  said  court  shall  fix  the 
salary  of  said  deputy  or  deputies,  and  the  said  salary  or  salaries  shall  be  paid 
monthly  by  the  county  [city]  of  St.  Louis.  Said  prosecuting  attorney  and  assistant 
prosecuting  attorney  shall  possess  the  same  qualifications  as  required  by  law  for 
circuit  attorneys;  they  shall  hold  their  office  for  the  term  of  four  years,  and  until 
their  successors  shall  be  duly  elected  and  qualified,  unless  sooner  removed  from 
office.      (Laws   1869.  p.   194.  sec.  2:   R.  S.   1899.  p.   2542.) 

Sec.  105.  .\p|Miiiilinetit,  powers  and  pay  of  provisional  jiidne. —  In  the  event 
of  the  sickness  or  absence  of  the  Judge  of  said  court,  the  circuit  court  of  St.  Louis 
county  [city],  or  any  judge  thereof,  in  vacation,  may  appoint,  for  the  time  being, 
a  provisional  judge  of  said  court,  who  shall  possess  the  qualifications  of  a  judge  of 
'he  circuit  court;   and  In   the  absence,  sickness  nr  otlur   Incapacity   to  ;i'i   of  ihi- 


•The  nct.i  r.'IatinK  to   Probnt.-  CourLs.  specially   iipiillcahl.-    ii>   the  City   <>[    ."it.    Loni.-i. 

poss'-.l  In   IS9:   (.\its   IS97.  p.  x:;;   U.  .S.   IS99.  Sec.-i.  624  1.  6H'>  anil  621S).  were  held  void   In 

Herifl-rson   v».    Koenlit.    16S   Mo.    3.'.«    (See    ».    c.    192   Mo.   690).     Tlierenfter  at   the   se.s»lon 

■    a    n»*\v   act    wa-**    paitMed,    f(i-neral    In    Its    terms,    but    Inconsistent    with    the    prior 

lel  anil  operallUK   to  .supersede   the  same.  ev<-n   If   valid.     The  St.   Louis  Probate 

■<  now  Koverned   l>y  that  act:      Laws  1905.  p.   15,i-15T. 

_      "Aet  creatine  the  Court  of  Criminal   Correction   Is  not   unconstitutional:   State   vs. 
Bbert.  40  Mo.   H6. 

<!'>    Sec  note  Infra.  Sec.  114. 


98  STATK   LAWS  SPECIALLY  APPLICABLE  TO  ST.    LOUIS.  [CHAP.   3. 

judge  of  said  court,  said  provisional  judge  sliall  have  all,  the  power  and  perform 
all  the  duties  conferred  and  imposed  by  law  upon  said  judge  of  said  court;  and  if 
the  absence,  sickness,  or  incapacity  to  act  of  said  judge  shall  continue,  at  any  time, 
tor  a  period  exceeding  one  day,  it  shall  be  the  duty  of  the  clerk  of  said  court  to 
certify  the  same  to  the  auditor  of  St.  Louis  county  [city],  who  shall  deduct,  in  his 
next  monthly  payment,  from  the  salary  of  said  judge  the  number  of  days  absent, 
and  the  amount  thereof  in  proportion  to  his  salary;  and  during  the  time  said 
provisional  judge  shall  actually  perform  the  services  and  duties  of  said  judge,  he 
shall  receive  tne  same  salary  as  said  judge,  to  be  paid  out  of  the  treasury  of  said 
countv  [citv]  out  oi  the  salary  of  said  judge.  (Laws  1S69,  p.  195,  sec.  4;  R.  S. 
1899,  p.  2.542— «.) 

Sec.  10  6.  Removal  from  office  of  officers. — The  officers  named  in  this  act 
may  be  removed  from  office  for  the  same  cause  and  in  the  same  manner  as  judges 
of  the  circuit  court,  clerks  of  courts  of  record  and  circuit  attorneys  may  by  law 
be  removed,  and  all  vacancies  in  either  of  said  offices  shall  be  filled,  and  all  con- 
tested and  tie  elections  shall  be  determined  as  in  cases  of  circuit  judges,  clerks  of 
courts  of  record  and  circuit  attorneys.  (Laws  1S69,  p.  195,  sec.  5;  R.  S.  1899, 
p.    2542.) 

Sec.  107.  Cci-tificate  of  election  and  commission  of  .judsc. — Immediately 
after  any  election  had  for  judge  of  said  court,  the  clerk  of  the  county  court  of  St. 
Louis  county  [register  of  the  city  of  St.  Louis]  shall  transmit  to  the  governor  of 
the  state  a  certificate  of  such  election,  and  the  governor  shall  thereuijon  issue  a 
commission  to  the  person  so  certified  to  be  elected  as  judge  of  the  St.  Louis  court 
of  criminal  correction.      (Laws  1869.  p.   195,  sec.  6;   R.  S.  1899,  p.  2542.) 

Sec.  108.  Powers  of  Jndse. — The  judge  of  said  court  shall  be  a  conservator 
of  the  peace  within  the  county  [city]  of  St.  Louis;  he  shall  have  power  to  issue  writs 
of  habeas  corpus  and  detei-mine  the  same,  administer  oaths,  take  and  acknowledge 
recognizances  in  all  cases  within  the  jurisdiction  of  said  court,  and  in  cases  of 
felony  he  shall  have  and  may  exercise  all  the  powers  of  an  examining  magistrate; 
but  all  complaints  or  information  and  affidavits  setting  forth  the  offense  in  pre- 
liminary examinations  of  felony  in  said  court,  as  well  as  in  cases  of  misdemeanor, 
sliall  be  prepared  or  approved  by  said  prosecuting  or  said  assistant  prosecutin.g 
attorney,  or  the  person  for  the  time  being  acting  as  such,  and  shall  be  sworn  to 
before  the  clerk  of  said  court,  and  all  warrants  and  processes  in  such  cases  shall 
be  issued  under  the  hand  of  the  clerk  of  said  court,  with  the  official  seal  of  said 
court  thereto  affixed,  and  such  examinations  shall  be  conducted  during  the  open 
session  of  said  court.      (Laws  1869,  p.  195,  sec.  7;  R.  S.  1899,  p.  2542— r.) 

Sec.  109.  Salary  of  .judse  and  officers. — The  judge  of  said  court  shall  have 
an  annual  salary  of  four  thousand  dollars;  the  prosecuting  attorney  of  said  court 
shall  have  an  annual  salary  of  three  thousand  five  hundred  dollars;  the  assistant 
prosecuting  attorney  of  said  court  shall  have  an  annual  salary  of  two  thousand  five 
hundred  dollars,  and  the  clerk  of  said  court  shall  have  an  annual  salary  of  two 
thousand  five  hundred  dollars — said  salaries  to  be  paid  monthly  by  the  countv 
[city]   of  St.  Louis.      (Laws  1873,  p.  198,  sec.  8;   R.  S.  1899,  p.  2543.) 

Sec.  110.  Seal. — The  clerk  shall  keep  a  seal  of  said  court,  with  such 
emblems  and  devices  as  shall  be  prescribed  by  the  judge  thereof.  (Laws  1869, 
p.  195.  sec.  9;   R.  S.  1899,  p.  2543.) 

Sec.  111.  Foes  and  costs. — In  all  cases  brought  before  said  court  in  which 
final  judgment  shall  be  rendered,  the  clerk  shall  issue  execution  or  fee-bill,  as  the 
case  may  be.  and  shall  therein  tax  all  such  fees  as  are  at  the  time  allowed  by  law, 
except  witness  fees,  which  shall  be  charged  only  when  claimed  in  open  court,  at 
the  rate  of  fifty  cents  per  day  for  each  day  s  attendance;  such  examinations  or 
fee-bills  shall  be  delivered  to  the  marshal  [sheriff]  of  St.  Louis  county  [city],  and 
It  shall  be  the  duty  of  said  marshal  [sheriff]  to  forthwith  execute  and  return 
the  same  to  said  court  within  thirty  days  from  the  issue  thereof,  showing  how 
he  executed  the  same;  but  such  marshal  [sheriff]  shall  receive  no  fees  for  any 
nulla  bona  or  non  est.  inventus  upon  any  execution,  subpoena,  attachment,  or  other 
process  issued  out  of  said  court.  (Laws  1869.  p.  196,  sec.  10;  R.  S.  1899, 
p.   2543.) 

Sec.  112.  Slatements  of  fines,  penalties  and  foi  fcitiires. — The  clerk  of  said 
court  shall,  as  often  as  required  by  said  court,  make  and  certify  to  the  auditor  of 
St.  Louis  county  [city]  a  detailed  statement  of  all  the  fines,  penalties  and 
forfeitures  imposed   by  said  court,  and  collected  by   the   marshal    [sheriff]    of  St. 

(k)      Spi-oi.-il  judge  of  this  court.  Sfe  State  ex   rcl.   v.s.  Wilder.   198  Mo.   166.   173. 

(;)  When  this  section  is  taken  in  connection  with  other  sections,  it  doe.s  not  follow 
that  a  eontiniianci'  granted  by  the  Court  of  Criminal  Correction  witliout  the  knowledge 
of  a  surety,  operates  to  release  tlie  latter:  State  v.s.  Epstein.  1S6  Mo.  144.  147.  The 
.ludKe  has  no  power  to  release  on  habeas  corpus,  one  indicted  for  murder,  where  either 
of  the  <'riminal  courts  are  in  session:  State  ex  rel.  vs.  Murphy.  132  Mo.  3.t2.  This  court 
performs  thi-  dual  function  of  an  exjimining  magistrate  and  of  a  trial  court,  depending 
on  tlie  nature  of  the  cause:     State  vs.  Hoeffner,  44  Mo.  App.  543. 


AltT.    1.1  STATK  LAWS  SPIICIALLY  APl'LUWULIC  TO  ST.   LOUIsJ.  gS> 

Louis  county  [fity],  and  said  i-lerit  shall  at  the  same  time  make  a  like  statement  of 
fines,  penalties  and  forfeitures,  and  all  costs  by  him  collected,  and  shall  pay  the 
same  into  the  county  [city]  treasury  at  the  time  of  making  said  required  state- 
ment.    (Laws  1SC9.  p.  litG,  sec.  11;  R.  S.  1S99.  p.  2r.4:!— ic) 

Sec.  113.  Coiift-rooin  lUitl  offices — stationei-y — iniir.slinl. — The  county  court 
(municipal  assembly]  of  St.  Louis  county  [city]  shall  provide  rooms  for  said 
court,  and  the  clerk  tliereof.  in  the  court-house  of  said  county  [city],  or  in  such 
other  building  as  said  county  court  [assembly]  may  contract  or  provide  for  the 
holding  of  courts,  and  also  a  suitable  office  tor  said  assistant  prosecuting  attorney 
In  said  court-house,  or  near  thereto,  and  the  said  county  court  [assembly]  shall 
furnish  said  rooms  and  said  assistant  prosecuting  attorneys  office,  with  fuel  and 
light,  and  other  things,  as  may  be  necessary  for  the  court.  The  marsliaT  [sheriffl 
of  said  county  [city]  shall  attend  said  court  of  criminal  correction,  and  all  sta- 
tionery actually  required  for  the  use  of  said  court,  or  the  officers  thereof,  shall  be 
furnished  by  the  county  [city]  of  St.  Louis.  ui)on  the  application  of  the  clerk  of 
said  court.  '  (Laws   lSt;9.  p.   ISlfi.  sec.   \2-,   R.  S.   lS9ii,  p.  2.'>43.) 

Sec.  ni.  .liii'iMli<'lio!i. — Said  court  shall  have  exclusive  original  jurisdiction 
of  all  misdemeanors  under  the  laws  of  the  state  committed  in  St.  Louis  county 
[city],  the  punishment  whereof  is  by  fine,  or  imiu-isonnient  in  the  county  jail,  or 
both,  or  by  any  forfeiture,  except  cases  of  assault  and  battery,  and  affray  or  riotous 
disturbance  of  the  peace,  which  [are]  cognizable  by  justice  of  the  peace,  and  isr 
relation  to  which  the  jurisdiction  of  said  court  shall  be  concurrent  with  them;  aind' 
the  said  court  shall  have  concurrent  jurisdiction  with  the  police  court  of  the-  city 
of  St.  Louis  of  all  offenses  which  may  be  declared  to  be  misdemeanors  under  any 
law  of  the  state,  and  which  may  also  be  a  violation  of  any  ordinance  of  the  cfty  of 
St.  I..ouls:  ProvMed.  that  any  action  pending  or  which  has  been  decided  in  either 
of  said  courts  may  be  i)leaded  in  bar  or  in  abatement,  as  the  case  may  be,  to  a. 
prosecution  in  the  other  of  said  courts  for  the  same  offense,  with  the  like  effect  as; 
if  said  prosecution  were  pending  in  the  same  court,  or  had  been  decided  in  the 
same  court:  Provided,  that  this  act  shall  not  be  so  construed  as  to  give  to  said 
police  court  jurisdiction  of  any  prosecution  for  a  misdemeanor  instituted  in  the 
name  of  the  state  of  Missouri.  It  shall  be  the  duty  of  the  chief  of  police  of  said' 
rity  to  report  within  twenty-four  hours  after  arrest  by  the  police,  to  the  assistant 
prosecuting  attorney  of  said  court  of  criminal  correction,  the  names  of  all  persons 
charged  with  misdemeanors  under  the  laws  of  this  state,  together  with  the 
prosecuting  witnesses,  and  the  names  and  residences  of  all  other  material  wit- 
nesses in  such  case,  which  report  shall  be  received  by  said  assistant  prosecuting 
attorney,  and  he  shall  thereu|)on  proceed  to  institute  such  prosecution  as  rotfufred 
by  law;  any  willful  failure  on  the  part  of  said  chief  of  police,  or  other  officer 
whose  duty  it  shall  be  to  act  in  the  premises,  to  comply  with  the  provisions  of  this 
section,  shall  be  deemed  a  misdemeanor,  whereof  the  ])arty  offending  may  be 
instituted  [indicted]  and  punished  by  a  fine  of  not  less  than  ten  nor  more  than 
one  hundred  dollars,  any  law  of  this  state  or  any  ordinance  of  the  city  of  St. 
Louis  to  the  contrary  notwithstanding.  (Laws  1869,  p.  196,  sec.  13;  R.  S.  1S99. 
p.  2544— X.) 

Sec.  ll.'i.  .\ppelIato  .jurisdiction.— In  addition  to  the  other  powers  conferred 
by  this  act  on  the  court  of  criminal  correction,  said  court  shall  have  and  exercise 
appellate  Jurisdiction  in  all  cases  of  a  criminal  nature  api)ealed  from  Justices  of 
the  peace  in  the  county  [city]  of  St.  Louis,  and  all  such  appeals  shall  be  to  said 
court  of  criminal  correction,  in  the  same  manner  and  form  as  in  such  cases  as 
heretofore  appealed  to  the  St.  Louis  criminal  court.  (Laws  1869,  p.  197.  sec  II; 
R.  S.  1899.  p.  2543.) 


i»)  Thi-  court  has  no  authority  to  ri'i|Ulri'  iht-  sh,riii  to  imy  Into  court  money 
collrrted  on  flni'S  iitid  forfi'ltuics  which  jro  Into  tlu-  school  l)onr(l  funds;  it  can  only 
order  a  .sottlrniont  and  have  the  amount  found  dui-  transniitti-d  to  the  school  board: 
In  re  Stnrd.  116  Mo.  537. 

(r)  Thf  St.  Ix>uls  Court  of  Criminal  Correction  Is  of  statutory  oriiicln:  and  while 
for  some  purposes  It  Is  denominated  a  court  of  record,  it  is  not  one  procepdlniy  aocord- 
Imk  tn  the  course  of  the  eomuion  law.  Is  of  limited  and  special  Jurisdiction  and  does  not 
txni.ss  any  Jurisdiction  not  expressly  conferred  on  It:  State  vs.  Anderson.  191  Mo.  1.14; 
Kx  Parte  tVBrlen.  127  Mo.  477;  State  ex  rel.  vs.  Murphy.  132  Mo.  382.  3S4;  St.  Louis  vs. 
Saltz.   160  Mo.   74.  T6. 

A  sentence  to  Jail  Instead  of  the  work  house  la  not  for  that  reason  void:  State  vs. 
BouKher.  7  Mo.  App.  S7.1  (memo.)  As  to  imprisonment  In  the  House  of  Correction.  In- 
stead of  work  house,  of  minors  under  certain  aRe.  see  In  re  I.j»rko»'skl.  94  Mo.  App.  623. 
As  to  place  Hnd  lenfitth  of  Imprisonment,  see  not*'  to  sec.    133  l>elow. 

■   "f  Crinilniil  Correction   has  Jurisdiction  over  misdemeanors  punishable  by 
!'":■  n  Jal!  i^r   tine  or  both,  and   thr*  Circuit  Court  over  such   misdemeanors  as 

1'  by    Imprisonment   In    the   penitentiary:      State   ex   rel.    vs.    Foster.    1S7   Mo. 

Tl..-    Court    of   Criminal    Correction    had    exclusive    original    Jurisdiction    of   all 
I'lors  at  the  time  of  Its  establisbment   In    1S66.   in   the  then   county  of  St.    I^oul.s. 
■  'nly   in   the  City  of  St.   Louis.    19,>;  Mo.    166.    172.     This  court   Is  a  criminal   court 

within  the  meaninK  of  the  statutes:     State  ex  rel.  vs.  Wilder.  !9,S  Mo.   166.  171  and  cases 
cited. 

RiKht  to  naturalize  aliens:     39  Ted.  49. 


100  STATE   LAWS  SPECIALLY  APPLICABLE  TO   ST.   LOUIS.  [CHAP.   5. 

See.  lie.  Sessions — continuanoes. — Said  court  of  criminal  correction  shall 
be  in  session  each  and  every  day  in  the  week,  except  Sunday,  and  state  and 
national  holidays,  and  the  proceedings  therein  shall  be  conducted  in  a  summary 
manner,  and  no  continuance  shall  be  granted  to  the  defendant  in  any  case  for  a 
period  longer  than  one  day,  except  upon  the  affidavit  of  the  defendant:  Provided. 
the  court  may  and  is  hereby  empowered  to  establish  such  rules  and  regulations  in 
relation  to  continuances  as  shall  be  just  and  proper  to  prevent  delay  and  pro- 
crastination.     (Laws  1S69,  p.  197,  sec.  15;   R.  S.  1899,  p.  2543—1/.) 

Sec.  117.  Practice  and  proceedings. — The  proceedings  of  said  court  shall  be 
governed  by  the  laws  regulating  proceedings  and  practice  in  criminal  cases,  so  far 
as  the  same  may  be  applicable,  and  no  written  pleadings  shall  be  required  of  the 
defendant  in  any  case.      (Laws  1SG9,  p.  197,  sec.  IG;  R.  S.  1899,  p.  2543—^.) 

Sec.  118.  Itecognizances  and  forfeitures. — Said  court  shall  have  power  to 
take  recognizances  in  all  cases  within  its  jurisdiction,  to  declare  forfeitures  of  the 
same,  and  award  executions  upon  such  forfeitures,  in  like  manner  and  with  the 
same  legal  effect  as  the  St.  Louis  criminal  court  is  authorized  to  do.  (Laws  1S69, 
p.  197,  sec.  17:  R.  S.  1899.  p.  2544—0.) 

Sec.  119.  Duties  of  the  prosecuting  attorney. — The  prosecuting  attorney  of 
said  court  shall  attend  to  and  prosecute  all  suits  brought  therein,  and  it  shall  be 
his  duty  to  appear  for  the  state  in  all  cases  appealed  from  said  court  to  the 
supreme  court  [St.  Louis  court  of  appeals]  of  this  state:  it  shall  be  the  duty  of 
said  assistant  prosecuting  attorney  to  attend,  at  his  office,  on  each  secular  day  of 
the  week,  for  the  purpose  of  preparing  all  complaints,  affidavits,  informations  and 
pleas  required  by  law  to  be  lodged  in  said  court.  (Laws  1S69,  p.  197,  sec.  18; 
R.  S.   1899.  p.  2545.) 

Sec.  120.  Prosecutions  to  be  by  information — proceedings. — Xo  indictment 
shall  hereafter  be  found  for  any  misdemeanor  under  the  laws  of  this  state,  com- 
mitted in  the  county  [city]  of  St.  Louis,  the  punishment  whereof  is  by  fine  or 
imprisonment  in  the  county  jail,  or  both,  or  by  any  forfeiture;  but  the  same  shall 
be  presented  to  the  court  of  criminal  correction  by  information.  .\n  information 
in  any  such  case  may  be  lodged  by  the  prosecuting  attorney  for  said  court,  or  by 
said  assistant  prosecuting  attorney,  or  by  any  other  person:  if  lodged  by  said 
prosecuting  attorney,  it  need  not  be  under  oath:  if  lodged  by  any  other  person,  he 
shall  swear  to  the  same  to  the  effect  that  he  believes  it  to  be  true;  it  made  without 
oath,  the  process  issued  thereon  shall  be  a  summons  requiring  the  party  to  appear 
and  answer  forthwith,  or  at  a  future  day  to  be  named  therein:  if  there  be  a  default 
of  the  appearance  of  any  party  so  summoned,  the  court  shall  proceed  to  hear  the 
evidence,  and  to  render  such  judgment  as  may  be  authorized  by  law  and  required 
by  the  nature  of  the  case;  it  the  information  be  under  oath,  a  warrant  shall  issue 
for  the  apprehension  of  the  party  charged  with  the  offense.  (Laws  1869,  p.  197, 
sec.  19;   R.  S.  1899,  p.  2545—6.) 

(>)  Since  the  court  is  required  to  be  in  session  every  day.  it  has  no  terms:  St. 
Louis  vs.  Saitz.  160  Mo.  74.  The  above  section  confers  on  the  court  additional  powers 
respecting  continuances  to  tliose  conferred  on  magistrates  by  sec.  244S  R.  S.  1899;  lience 
a  continuance  for  more  than  i:en  days  witliout  consent  of  a  surety  on  the  defendant's 
bond,   does  not   release   tlie  surety:      State   vs.   Epstein.    1S6   Mo.    144. 

z)  The  provision  of  tlie  statute  providing  for  a  change  of  venue  to  another  justice 
in  preliminary  examinations  for  felonies,  because  of  disqualification  of  the  justice  of 
the  peace,  applies  to  preliniinary  examinations  in  the  court  of  criminal  correction,  so 
that  after  such  proceeding  the  judge  has  no  jurisdiction:  but  the  sections  providing  for 
election  of  special  judge  by  reason  of  the  incompetency  and  disqualification  of  the  judge 
of  a  criminal  court,  does  not  apply  to  the  court  of  criminal  correction  in  case  of  felony 
examinations,  but  do  apply  to  cases  of  misdemeanors:  Ex  Parte  Bedard.  106  Mo.  616: 
see  also  State  ex  rel.  vs.  Wilder,  198  Mo.  166.  171. 

(a)  It  is  held  in  State  vs.  Hoeffner.  44  Mo.  App.  543.  that  the  court  of  criminal 
correction  exercises  the  dual  function  of  an  examining  magistrate  and  of  a  trial  court. 
In  every  case  which  it  has  jurisdiction  to  try.  it  may  take  the  recognizance  of  the 
accused  for  his  appearance  and  declare  a  forfeiture  thereon,  and  award  execution,  in 
like  manner  as  the  criminal  court;  im  felony  cases,  it  can  act  as  examining  magistrate 
only,  take  such  recognizance,  and  if  the  accused  fails  to  appear  enter  default,  but  there- 
upon it  must  certify  the  recognizance  with  the  record  of  default  to  the  criminal  court. 
See  to  same  effect.  State  vs.  Hoeffner.  63  Mo.  App.  409. 

id)  This  section  is  upheld  as  constitutional  in  State  vs.  Ebert,  40  Mo.  186.  The 
provision  that  information  made  by  a  private  person  will  be  sufficiently  verified  if  he 
swear  "that  he  believes  it  to  be  true."  was  repealed  by  act  of  April  12,  1877:  State  vs. 
Bennett.  102  Mo.  356,  370.  As  to  sufficiency  of  affidavit  in  information,  and  who  may 
make  same,  see  lb:  also  State  vs.  Speritus.  191  Mo.  24.  38:  State  vs.  Luman.  66  Mo.  App. 
472:  Ex  Parte  Thomas.  10  Mo.  App.  24:  State  vs.  .Armstrong.  106  Mo.  395:  State  vs.  Fitz- 
porter,  17  Mo.  App.  271  (this  case  also  holding  that  the  person  signing  as  "acting 
prosecuting  attorney"  is  presumed  to  be  such  in  fact);  State  vs.  Kaub,  19  Mo.  App.  149. 
The  functions  of  .\ssistant  Prosecuting  Attorney  of  the  St.  Louis  Court  of  Criminal  Cor- 
rection were  not  abolished  by  act  of  April  12,  1877,  and  the  incorporation  thereof  into 
the  Revised  Statutes,  and  as  the  duty  of  preparing  informations  is  specially  committed 
to  him.  the  affidavit  forming  the  basis  of  the  inform.ation  is  properly  lodged  with  him: 
State  vs.  Daly.  49  Mo.  App.  184.  As  to  whether  ,an  offense  is  a  misdemeanor  or  felony, 
determining  whether  same  be  tried  in  the  Court  of  Criminal  Correction  or  the  Circuit 
Court,  see  (referring  to  the  above  section  19)  State  ex  rel.  vs.  Foster,  1S7  Mo.  590, 
601,   609. 


ART.  4.1  ST.VTK  LAWS  SPKCIALLY  APPLICABD15  TO  .ST.  iOUIS.  ■  101 

Sec.  1-1.  .Slalulcs  of  Ji'dtiiils. — The  statutes  of  jeofails,  as  applicable  to 
criminal  proceedings  and  pleadings,  shall  appl.v  to  all  informations  lodged  in  said 
court,  and  the  court  shall  have  power  to  permit  any  amendments  of  information, 
process  or  proceedings  in  furtherance  of  the  ends  of  justice  at  any  time  before  the 
determination  of  the  suit.      (  l,a\vs  1869,  p.  197,  sec.  20;  U.  S.  1899,  p.  2545.) 

Sec.  122.  I'l'ori'etliiigs  when  felon.v  app<'«rs — same  in  criminal  court,  as  to 
iiiisclenieHiiors. —  if.  in  the  course  of  any  jjroceeding  in  said  court,  by  iiiforuiation 
or  otherwise,  it  shall  appear  that  the  defendant  has  been  guilty  of  felony,  the  court 
shall  dismiss  as  to  the  lesser  offense,  and  proceed  to  examine  the  matter  and 
commit  or  Ijail  the  defendant  to  answer  an  indictment  in  the  St.  Louis  criminal 
court;  and  if,  upon  the  trial  of  a  party  charged  with  felony  in  the  St.  Louis 
criminal  court,  it  should  appear  that  the  defendant  is  guilty  of  misdemeanor  only, 
the  case  shall  not  therefore  be  dismissed,  but  shall  be  proceeded  on  to  judgment 
In  said  criminal  court,  to  the  same  effect  as  if  the  defendant  had  been  tried  for 
misdemeanor  in  the  court  of  criminal  correction.  (Laws  1869,  p.  198.  sec.  21; 
R.   S.    1899,   p.    2545.) 

Sec.  123.  ('onviclion.>i  for  less  olVeiise. — Under  an  information  for  petit 
larceny  the  defendant  may  be  convicted  of  embezzlement,  if  the  amount  be  under 
ten  dollars,  or  such  sum  as  would  not  constitute  grand  larceny,  and  in  like  manner 
a  defendant  charged  with  embezzlement  may  be  convicted  of  petit  larceny.  (Laws 
1869,  p.  198,  sec.  22;   R.  S.   1899,  p.   2545.) 

Sec.  124.  Jurors. — The  jury  commissioner  of  St.  Louis  county  [city],  when 
required,  shall  furnish  said  court  with  jurors,  as  in  other  courts.  (Laws  1809, 
p.  198,  sec.  23;   R.  S.  1899.  p.  2545.) 

See.  125.  Insolvent  law  not  ap|>licalile,  when. — No  i)erson  convicted  in  said 
court,  or  in  the  St.  Louis  criminal  court,  as  hereinbefore  provided,  of  a  mis- 
demeanor under  the  laws  of  this  state,  and  sentenced  to  the  i)ayment  of  a  fine  and 
the  costs  therein  accrued,  shall  be  allowed  to  avail  himself  (or  herself)  of  the 
provisions  of  any  act  for  the  relief  of  insolvent  debtors.  (Laws  1869,  p.  198, 
sec.  24;   R.  S.  1899.  p.  2545— c.) 

Sec.  126.  Lien  of  judgments  and  evecutions. — The  judgments  rendered  by 
said  court  of  criminal  correction  shall  be  and  constitute  a  lien  upon  the  real  estate 
of  a  party  convicted  therein,  and  all  e.xecutions  issued  shall  be  a  lien  upon  the 
personal  property  of  any  defendant  convicted  in  said  court  from  the  date  of  issue 
thereof.      (Laws  1869.  p.   198,  sec.  25;   R.  S.  1899.  p.  2546.) 

Sec.  127.  .Appeals  and  writs  of  error. — An  appeal  shall  be  allowed  the 
defendant  from  any  final  judgment  of  said  court  to  the  supreme  court  [St.  Louis 
court  of  appeals],  if  applied  for  within  ten  days  after  the  rendition  of  such  judg- 
ment, but  not  otherwise.  The  manner  of  taking  such  appeals  shall  be  the  same, 
as  near  as  may  be,  as  is  prescribed  by  law  for  [taking]  appeals  from  circuit  courts 
in  criminal  cases.  Writs  of  error  shall  be  allowed  upon  any  final  judgment  of 
said  court,  and  may  be  i)rosecuted  and  issued  from  the  su|)reme  court  [St.  Louis 
court  of  appeals],  in  like  manner  and  with  similar  effect  as  writs  of  error  to  the 
St.  Louis  criminal  [circuit]  court.  (Laws  1869,  p.  198,  sec.  26;  R.  S.  1899, 
p.  2.54t;— rf.) 

Sec.  128.  Power  over  offlcers  collecting  lines. — Said  court  shall  have  power 
and  is  hereby  required  to  see  that  all  officers  in  the  county  [city]  of  St.  Louis, 
charged  with  the  collection  of  fines,  jienalties  and  forfeitures,  for  misdemeanors 
under  any  law  of  this  state,  pay  the  same  into  the  county  [city]  treasury  as 
required  by  law,  and  for  that  purpose,  said  court  shall  have  power  to  cite  and 
compel  every  such  officer,  at  least  once  in  every  three  months,  and  oftener  if  need 
be,  to  make  a  written  report,  under  oath,  of  all  such  fines,  penalties  and 
forfeitures  collected  by  him:  and  if  any  such  officer  shall  fail  to  make  such  report 
when  cited,  or  to  pay  over  the  amount  collected  by  him  as  required  by  law,  then 
said  court  may  compel  him  thereto,  by  attachment  of  his  body.  (Laws  1869, 
p.  19S.  sec.  27:  R.  S.  isno,  p.  2r.in.) 


See      In  re  I.'  v  •  .'7  et  seq.  dl-icussingr  the  bearing  of 

tlil.i  and  oth>>r  provision.-. 

(li)     Tile  lourt  of  crlnilnnl  correction,  being;  of  limited  Jurisdiction,  possesses  only 

«iii-h    txiwers   as   are   conferred    upon    It    by    statute,    which    with    respect    to    Die    time   of 

"•    '  ■        ind   MIInK  n   bill  of  exeeptlon.i   Is  nt    the   time  or  during;   the    term   of   the   court 

'     "  they  are   taken  or  within  such    time   thereafter  as   the   court   may   hy   an  oriler 

•'(  record  allow.      If  the   hill   is  not   tiled  nt   Hie   lime  and  as   there  are   no   terms 

In   the  absence  of  an  order  of  court  entered  of  recorrl   extending  the   time   for 

;    n  bill  of  ••xceptlons  will   be  dlsreKnrded  by   the  appellate  court:      .St.   lyMils   vs. 

>'   '         ■   ■    ^'  •     74.  '6.     .Ml  appeals,   from  any  decision,  must   be  taken   within   three   ilays 

1  bills  of  exetptlon  shouM  be  signed  and  filed  before   the  appeal   Is  taken. 

\\  eons»'nt  that  time  be  granted  to  Hie  bills  of  exceptions  and   take  appeals, 

'  1  ■    -iioiild    be  ■•nteri'd   of  rerord:      State  ex   rel.    v.«.   .liidKe  .St.    L   Ct.   Prim.   Cot.. 

'■    M  ■        'S.       .\    writ  of  error   may   he   prusfcuted   by   the  Stale   to   review  a  Jiul>CTn»'nl  of 

'    ■    >'     I.-  Ct.  Critn.  Cor.  (|iiashlnK  an   Information  as  based  on   an   iinconstllullonal    law: 

.si.it.-   IS.    BnrKdoerfer.   107  Mo.    1.      A  defi-ndnnt  may  appeal   to   review  a  Jud(?ment   based 

on    violation    of   a    city    ordinance,    betnfc    a    civil    action,    but    the    city    must    proceed    by 

writ  of  error:     St.    Louis  v,s.  Marchel.  99  Mo.   475. 


102 


PTATTt:   LAWS  SPECIALLY  APPLICABLE  TO  ST.   LOUIS.  [CHAP.  5. 


Sec.  129.  Li.sts  of  otficeis,  how  furnished. — The  clerk  of  the  county  court 
'[register]  of  St.  Louis  county  [city],  shall,  from  time  to  time,  as  changes  may 
occur,  furnish  to  said  court  the  names  of  all  the  officers  contemplated  by  the  next 
preceding  section.      (Laws  1S69,  p.  19,S,  sec.  28;   R.  S.  1S99,  p.  2.540.) 

Sec.  13  0.  Supervision  over  property  found  on  person  of  olfenders. — The  said 
court  shall  exercise  a  careful  supervision  over  all  officers  connerted  therewith  in 
relation  to  money  or  other  property  found  on  the  persons  of  offenders,  and  taken 
from  them,  and  "shall  see  that  the  same  is  properly  preserved;  that  the  rights  of 
offenders  or  other  parties  in  relation  thereto  are  protected  and  enforced,  and  that 
all  laws  applicable  to  such  cases  are  duly  executed;  and  it  shall  have  power  to 
enforce  all  its  orders  in  relation  to  such  matters  by  attachment  of  the  body.  ( Laws 
1869.  p.   198,  sec.  29;   R.  S.   1S99.  p.  2546.) 

Sec.  131.  Prosecutor  liable  for  costs,  when. — In  all  cases  of  misdemeanor 
under  any  law  of  this  state,  when  the  information  is  lodged  by  a  person  other  than 
the  prosecuting  attorney,  or  assistant  prosecuting  attorney,  or  any  state  or  county 
officer  in  the  discharge  of  his  official  duty,  the  person  swearing  to  such  informa- 
tion shall  be  liable  for  all  costs  accruing  in  the  case,  it  the  defendant  be  acquitted. 
and  judgment  shall  be  rendered  and  execution  issued  therefor  against  him.  (Laws 
1869,  p.   199,  sec.  30;   R.  S.   1899,  p.  2546.) 

Sec.  132.  Power  of  court  to  reduce  punishment. — Said  court  shall  have 
power,  in  all  cases  of  conviction,  to  reduce  the  extent  and  duration  of  the  punish- 
ment assessed  by  a  jury,  if  in  its  opinion  the  conviction  is  iiroper,  but  the  punish- 
ment assessed  is  greater  than  under  the  circumstances  of  the  case  ought  to  be 
inflicted.      (Laws  1S69,  p.   199,  sec.  31;   R.  S.  1899,  p.  2546.) 

Sec.  13  3.  ,S«'ntence  and  phjce  of  imprisonment. — Whenever  the  punishment 
of  any  misdemeanor  is  partly  or  wholly  by  imprisonment  in  the  county  jail,  the 
party  convicted  in  said  court  shall,  instead  of  being  sentenced  to  imprisonment  in 
said  jail,  be  sentenced  to  imprisonment  in  the  work-house  of  the  city  of  St.  Louis, 
or  such  other  place  of  imprisonment  as  the  county  [city]  of  St.  Louis  may  provide 
for  that  purpose,  and  be  there  kept  at  hard  labor  during  the  period  of  imprison- 
ment to  which  such  party  may  be  sentenced;  but  no  sentence  shall  be  for  a  longer 
period  than  six  months,  for  any  cause;  nor  shall  any  person  be  detained  for  a 
greater  period  bv  reason  of  his  or  her  failure  to  pay  any  fine  or  costs  that  may 
be  imposed  by  said  court.      (Laws  1SG9.  p.  199,  sec.  32;  R.  S.  1899,  p.  254G— e.) 

Sec.  13  4. — Sentence  includes  hard  labor — rules. — Every  person  committed  to 
the  work-house,  or  other  place  of  pnnishmeut  provided  by  said  county  [city],  by 
said  court  of  criminal  correction,  shall  be  luit  to  hard  labor,  at  such  work  as  his  or 
her  strength  and  health  will  permit,  whether  within  or  without  such  place  of 
imprisonment,  and  shall  be  under  the  control  and  management  of  those  having 
charge  of  such  prison,  subject  to  such  rules  and  regulations  as  the  county  court 
or  city  council  [municipal  assembly]  of  St.  Louis  city  may  establish  for  such 
prisons,  and  if  the  said  party  committed  is  unable  to  pay  the  fine  and  costs,  if  such 
be  the  punishment  for  the  offense,  in  whole  or  in  part,  in  payment  of  such  fine  and 
costs,  the  party  committed  shall  be  allowed  for  his  or  her  work  at  the  rate  of  fifty 
cents  per  day,  nor  shall  an  imprisonment  for  non-payment  of  fine  and  costs  exceed 
the  period  of  six  months.      (Laws  1869,  p.  199.  sec.  33;   R.  S.  1S99,  p.  2oi7—f.) 

Sec.  135. — Payment  of  tine  after  commitment. — Any  person,  after  being  com- 
mitted to  the  work-house  or  other  place  of  imprisonment  provided  by  the  county 
[city]  of  St.  Louis,  for  non-payment  of  his  or  her  fine  and  costs,  desiring  to  pay 
the  same,  shall  make  application  to  the  judge  of  said  court  of  criminal  correction, 
who  shall  in  open  court  order  the  fine  and  all  costs  of  such  person  to  be  paid  to  the 
/lerk  of  said  court,  whose  duty  it  shall  be  to  receive  the  same,  enter  satisfaction 
on  the  execution  in  his  execution  book,  and  give  notice  in  writing,  under  the  seal 
of  said  court,  to  the  superintendent  or  person  having  charge  and  control  of  said 

(f)  This  section  Is  valid  in  so  far  as  it  fixes  the  place  of  imprisonment,  and  void 
In  so  tar  as  it  fixes  a  different  punisliment  from  the  general  law:  Ex  Parte  Thomas.  10 
Mo.  App.  24,  following  Jilz  Case.  3  Mo.  App.  243;  see  also  In  i-e  Jilz.  64  Mo.  243.  246.  In 
State  vs.  Biu-liardt.  144  Mo.  83  also,  tliis  section  in  so  far  as  inllictins:  a  different  pun- 
ishment for  petit  larceny  than  tlie  general  State  law,  is  held  unoonsfitiitional,  but  the 
conviction  (for  one  year)  was  sustained  because  of  another  statute  allowing-  at  the 
courts'  discretion,  sentence  to  tlie  workliouse  instead  of  county  jail,  and  the  sentence 
hero  was  for  the  same  period.  See  also  In  re  Lorkowski.  94  Mo.  App.  (!23,  holding  that  a 
prisoniT  is  entitled  to  allowance  in  working  out  his  fine  under  the  State  law  at  a 
dollar  a  day  instead  of  as  provided  in  the  section  succeeding  this  one.  following  the 
cases  al>ove  cited. 

As  to  imprisonment  in  work  house  or  jail,  see  also  note  ante  to  sec.  114.  See  also 
ordinances  and  notes  thereto  appended  respecting  work  house  in  Rev.  C.  Ch.  21,  Art.  4 
(sees.   1742  et  seq.)   and  note  to  R.  C  sec.  1265. 

(/)  This   section    fixing   the   allowance   at   fifty    cents    per   day    is    in    conflict    with 

sections  2384  and  1793  of  the  R.  S.  1S9!1.  allowing  one  dollar  per  day  to  the  prisoner,  and 
the  latter.  p.assed  at  a  subsequent  date,  operates  to  repeal  the  former:  In  re  Lor- 
kowski. '.14  Mo.  .\pp.  623.  629.  also  discussin.g  the  provisions  relating  to  commitment  to 
House  of  Refuge  instead  of  workhouse  and  holding  them  partly  void.  In  a  concurring 
opinion  .ludgo  Goode  holds  the  law  of  commitment  to  House  of  Refuge  void  altogether 


AItT    2]  STATK  LAWS  SPECIALLY  APPLICABLE  TO  ST.   LOUIS.  103 

.vork-hoiise,  that  the  execution  against  such  person  has  been  fully  satisfied,  where- 
upon such  person  shall  ininiediately  be  discharged  from  said  work-houso  or  place 
of  punishment.      (Laws   IStJ't,  p.   199.  sec.  34;    R.  S.   1S99,  p.   2r.47.) 

Sec.  loB.  I'liicc  of  impi'iNonincnt,  how  provided. — The  county  court  of  Sc. 
Louis  county  shall  have  powor  Id  coiilract  with  ttif  city  of  St.  Louis  for  the  use  of 
Iho  city  work-housi'  for  Ihc  piirposo  of  conlining  and  putting  to  labor  therein  the 
ju-rsons  convicted  in  said  court,  or  said  couniy  court  may  provide  a  suitable  place 
other  than  the  said  work-house,  as  a  prison  for  such  persons,  and  in  that  event, 
then  such  persons  shall  be  sentenced  to  confinement  in  such  prison  as  the  county 
may  have  provided.     (Laws  1S69.  p.  199,  sec.  35;   R.  S.  1899,  p.  2547.) 

Sec.  13  7.  .AiiiM-als  from  police  court. — Hereafter  all  ajjpeals  from  the  police 
court  or  the  police  judges  of  the  city  of  Si.  Louis  [in  the  couniy  of  St.  Louis],  shall 
be  made  to,  and  tried  and  determined  by,  the  St.  Louis  Court  of  Criminal  Correc- 
tion, ill  the  same  manner  as  provided  by  law  in  regard  to  other  cases  of  appeal  to 
said  court.     (Laws  1S7:'..  p.  :!5S.  sec.  1:  R.  S.  IS99,  p.  2547— r/.) 

Sec.  13S.  Co.st.s  in  criminal  ca.ses. — All  the  provisions  of  the  act  concerning 
costs  in  criminal  cases  shall  be  held  to  apply  to  the  St.  Louis  court  of  criminal 
correction,  and  the  duties  devolved  by  said  act  upon  the  officers  therein  named  are 
hereby  devolved  upon  the  officers  of  said  court,  respectively,  with  reference  to  all 
cases  brought  in  said  court,  and  such  costs  shall  be  paid  as  in  said  act  jirovided. 
and  the  fee-bills  in  all  cases  shall  be  taxed  and  certified  on  the  first  .Monday  of 
every  month,  or  as  soon  thereafter  as  the  business  of  said  court  will  i)ermit. 
(Laws  ISSl.  p.  1(17;  R.  S.  1S99,  p.  2547.  sec.  37— A.) 

Sec.  139.  Kee-bill,  how  made  and  certiHed. — Immediately  ujjon  tho 
passage  of  this  act.  the  clerk  of  said  court  shall  tax  fees  in  all  cases  as  iirovided  by 
law.  and  make  out  fee-bills  for  the  same,  which  said  fee-bills  shall  be  delivered  to 
the  judge  and  prosecuting  attorney  of  said  court,  and  examined  by  them.  If  said 
Judge  and  prosecuting  attorney  find  the  said  fee-bills  to  be  correct,  they  shall 
certify  the  same  for  allowance  and  payment  to  the  state  or  city  auditor,  as  the 
case  may  be.  and  said  fee-bills  shall  be  audited  and  paid  as  other  costs  in  criminal 
cases.      (Laws  ISSl,  p.   107:   R.  S.   1!S99.  p.  2547.) 

ARTICLE  IVa. 

COt'RT  OF  OKNEKAL  SESSIONS.* 

Sec.  139a.  t'oiirt  of  i-ecord  established,  name. — There  Is  hereby  established 
In  the  city  of  St.  Louis  a  court  which  shall  be  called  and  known  as  the  St.  Louis 
Court  of  General  Sessions.  Said  court  shall  be  a  court  of  record,  with  criminal 
jurisdiction,  as  hereinafter  i)rovided,  and  it  shall  possess  generally  the  ])owers, 
lierform  the  duties,  and  be  subject  to  the  restrictions  of  a  court  of  record  according 
'o  the  laws  of  this  state.      (Laws  1907.  \i.  212.  sec.   1.) 

Sec.  1391).  Klection  und  (lualilicalion  of  judije,  appointment. — At  the  gen- 
eral election  in  November.  190S.  and  every  four  years  thereafter,  there  shall  be 
elected  by  the  qualified  voters  of  the  city  of  St.  Louis  a  judge  of  said  court,  who 
shall  possess  all  the  qualifications  of  a  judge  of  the  circuit  court  and  shall  hold 
his  office  for  the  term  of  four  years  from  and  after  the  first  Monday  in  January 
next  succeeding  his  election  and  until  his  successor  shall  be  duly  elected  and 
qualified:  unless  sooner  removed  from  office  under  the  general  provisions  of  the 
law  for  the  removal  of  judges  from  office.  Upon  the  going  into  effect  of  this  act, 
the  governor  shall  apiioint  a  judge  of  said  court,  who  shall  serve  as  such  judge 
until  the  first  .Monday  in  .lanuary,  1909,  or  until  the  duly  elected  judge  of  said 
'ourt  shall   be  qualified.      (lb.,   p.   213.  sec.   2.) 

Sec.  13  9c.  .\|ipoinlment,  p<iwers  and  pay  of  provisional  .iu<lKe. — In  the 
•  vent  of  the  sickness,  absence,  or  any  Inability  to  act.  of  the  judge  of  said  court, 
the  circuit  court  In  the  city  of  St.  Louis,  or  any  judge  thereof,  In  vacation,  may 
appoint  for  the  time  being  a  provisional  judge  of  said  court,  who  shall  possess  the 
qualifications  above  prescribed,  and  such  provisional  judge  for  the  time  being, 
having  first  taken  the  oath  of  office,  shall  have  all  the  powers  and  perform  all  the 
duties  conferred  and  imposed  by  law  upon  the  judge  of  said  court.  If  the  slck- 
n.s.-i.  absence,  or  inability  to  act,  of  the  regular  judge  shall  continue,  at  any  one 
•Inif,  for  a  period  exceeding  one  day.  It  shall  be  the  duty  of  the  clerk  of  said 
Mirt  to  certify  the  fact  to  the  auditor  of  the  city  of  St.  Louis,  who  shall  deduct. 


<<>      Ap|><-i>l!i  from   til.'   Polio."  Court   to  thf  Court  of  Criminal  Correction   under  this 

otion  nrp   to   he   taken   n.s  appeals   fr€>m   convictions   bofor.-  Jiistlcoa  of   the   peace   ol.ip- 

■.\  ;..  t-   i„    II,.    -;.,,te:  the  afflilnvlt  for  appeal  should  he  nieil   the  same  <Iav  of  the  convlc- 

I         '  '••    Kooil    reason    for    iblay    Is    shown:      St.    Louis    vs.    Oimnlnir    Co..    US 

I         •;'  '  ther  as  to  appeals  Session   Laws  1907,  p.  91.      And  see  particularly   note 

'  i:.v.  Code. 

^1      State  ex   rcl.   vs.   Wilder.    19S   Mo.   I.   c.   172. 

I         i.A-*"^''''  '"'""'   "'»•''  rrented   at   the    1907      session   of   the      Legislature    (act   of   April    LI. 
IJU.)   and   too   late  to   permit  of  Insertion  of   the  sections  In   regular  succession,   henca 
I        the  use  of  alphabetical  lettering. 


104  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.   LOUIS.  [CHAP.  5. 

in  his  next  monthly  payment,  from  the  salary  of  said  regular  judge  the  number 
of  days  absent  and  the  amount  thereof  in  proportion  to  his  salary,  and  during  the 
time  said  provisional  judge  shall  actually  perform  the  service  and  duties  of  such 
judge  he  shall  receive  the  same  salary  as  said  regular  judge,  to  be  paid  out  of  the 
treasury  of  the  city  of  St.  Louis  out  of  the  salary  of  said  regular  judge.  (lb., 
sec.   3.» 

Sec.  139d.  Jurisdiction  of  court  aiid  judge,  salary. — Said  court  of  general 
sessions  shall  have  exclusive  jurisdiction  in  the  city  of  St.  Louis  of  the  hearing 
and  determination  of  all  preliminary  examinations  of  charges  of  felony, 
and  in  misdemeanors,  as  hereinafter  provided,  and  the  judge  of  said 
court  shall  possess  all  the  power  of  an  examining  magistrate  in  felony 
cases  as  exercised  by  justices  of  the  peace  generally  under  the  laws  of  this  state. 
Said  judge  shall  be  a  conservator  of  the  peace  within  the  city  of  St.  Louis:  he 
shall  have  power  to  issue  writs  of  habeas  corpus  in  matters  of  a  criminal  nature, 
and  determine  the  same,  to  administer  oaths  and  affirmations,  and  to  take  and 
acknowledge  recognizances  in  all  cases  within  the  jurisdiction  of  said  court.  He 
shall  receive  an  annual  salary  of  four  thousand  dollars,  to  be  paid  in  monthly 
installments  by  the  city  of  St.   Louis.      (lb.,  sec.  4.) 

Sec.  13  9e.  Clerk  of  the  court. — The  clerk  of  the  circuit  court  for  criminal 
causes  in  the  city  of  St.  Louis  shall  be  ex  officio  clerk  of  said  court  of  general 
sessions;  he  shall  have  power  to  appoint  one  or  more  deputies  for  service  in  said 
court,  as  necessities  may  require,  under  the  direction  of  said  court,  and  in  addition 
to  the  salary  now  allowed  to  him  by  law  he  shall  receive  a  further  compensation 
not  to  exceed  $2,500.00,  to  be  retained  out  of  the  fees  and  costs  collected  by  him, 
as  now  provided  by  law.  Said  amount  of  $2. .500. SO,  to  be  applied  to  the  payment 
of  the  salaries  of  deputy  clerks  and  to  be  in  full  therefor.  He  shall  have  charge 
of  the  books,  papers,  records  and  seal  of  the  said  court  of  general  sessions  and 
the  business  pending  therein,  and  shall  perform  generally  all  the  duties  of  a  clerk 
of  a  court  of  record  therein.  Said  clerk  shall  keep  a  seal  of  said  court  of  general 
sessions,  with  such  emblems  and  devices  as  shall  be  prescribed  by  the  judge  of 
said  court,  which  seal  shall  be  used  by  said  clerk  in  attesting  all  writs,  process, 
papers  and  documents  signed  and  issued  by  him;  and  all  such  writs,  process, 
papers  and  documents  shall  be  signed  by  him  as  clerk  of  the  St.  Louis  court  of 
general   sessions.      (lb.,   sec.    5.) 

Sec.  13  9f.  Informations  and  process. — After  the  going  into  effect  of  this 
act,  all  causes  and  proceedings  in  said  court  of  general  sessions  shall  be  instituted 
and  prosecuted  by  the  circuit  attorney  of  said  city  of  St.  Louis  and  his  assistants. 
All  informations  setting  forth  the  offense  in  preliminary  examinations  on  charge 
of  felony  shall  be  prepared  and  lodged  by  said  circuit  attorney  or  his  assistants, 
and  shail  be  sworn  to  before  the  clerk  of  the  circuit  court  for  criminal  causes  as 
ex  officio  clerk  of  said  court  of  general  sessions.  All  warrants  and  process  in 
such  cases  shall  be  issued  under  the  hand  of  said  clerk  with  the  official  seal  of 
said  court  thereto  affixed,  as  above  provided.      (lb.,  p.  214,  sec.  6.) 

Sec.  13  9g.  Sessions  and  continuances. — Said  court  of  general  sessions  shall 
be  in  session  on  each  and  every  day  in  the  year,  except  on  Sundays  and  on  national 
and  state  holidays.  The  proceedings  therein  shall  be  conducted  in  a  summary 
manner,  and  no  continuance  shall  be  granted  to  the  state  nor  to  the  defendant  for 
a  period  longer  than  three  days  except  upon  the  affidavit  of  the  party  applying 
therefor:  Provided,  that  the  court  may  establish  such  rules  in  relation  to  con- 
tinuances as  shall  be  just  and  proper  to  prevent  undue  delay,  or  to  prevent 
injustice  to  the  defendant,  and  the  costs  of  any  continuance  shall  be  taxed  against 
the  party  applying  therefor,  unless  the  court  for  good  cause  shall  otherwise  order, 
(lb.,  sec.   7.) 

Sec.  139h.  Practice  and  jn-oceedings. — The  proceedings  of  said  court  shall 
be  governed  by  the  laws  regulating  proceedings  and  practice  in  criminal  cases,  so 
far  as  the  same  may  be  applicable,  and  no  written  pleadings  shall  be  required  of 
the  defendant  in  any  case.  All  examinations  shall  be  conducted  during  the  open 
sessions  of  said  court,  and  all  persons  may  freely  attend  the  same;  and  the  court 
may  assign  counsel  to  defendants  under  the  same  circumstances  as  in  other 
criminal  trials.  The  court  may  establish  rules  of  practice  for  the  convenience 
and  dispatch  of  business,  not  inconsistent  with  the  laws  of  the  state.  (lb.,  sec.  S.) 
Sec.  1391.  Statutes  of  .joefails. — The  statutes  of  joefails,  as  applicable  to 
criminal  proceedings  and  pleadings,  shall  apply  to  all  informations  lodged  in 
said  court;  and  the  court  shall  have  power  to  permit  any  amendments  of  informa- 
tion, process  or  proceedings  in  furtherance  of  the  ends  of  justice  at  any  time  before 
the  determination  of  the  cause.      (lb.,  sec.  9.) 

Sec.  139j.  Recognizances. — Said  court  shall  have  power  to  take  recog- 
nizances in  all  cases  within  its  jurisdiction  and  to  declare  forfeiture  of  the  same. 
When  judgment  of  forfeiture  has  been  entered  on  any  such  recognizance,  the  clerk 


AKT.   4ii.l  STATE  LAWS  SPECIALLY   APPLICABLE  TO  ST.    LOl'IS.  105 

must  certify  and  return  to  the  cirruit  court  division  havinR  criniina!  jurisdiction 
In  said  city  the  recognizance  and  a  transcript  of  his  record  in  relation  thereto,  to  be 
proceeded  on  in  said  circuit  court  as  other  forfeited  recognizances  in  criminal  cases 
iu  said  circuit  court.      (lb.,   sec.    10.) 

Sec.  139k.  l»r<K-eetliiiK  when  niisdenieunoi-  appears. — ^Whenever,  in  the 
course  of  any  proceeding  in  said  court  upon  an  information  for  felony,  it  shall 
aiipeur  that  the  defendant  lias  been  guilty,  in  the  particular  matter,  of  a  niis- 
lieiueanor  only,  the  court  shall  discharge  the  defendant  from  the  felony  charge 
and  may  admit  him  to  bail  to  answer  to  an  information  for  the  misdemeanor  to 
be  filed  by  the  prosecuting  attorney  in  the  court  of  criminal  correction,  or,  iu 
default  of  bail,  commit  the  defendant  lo  jail  to  await  such  action  by  said  prosecut- 
ing attorney:  but  no  such  commitment  shall  be  for  a  longer  period  than  forty- 
eight  hours;  and  if  no  such  information  be  filed  in  said  court  of  criminal  correc- 
tion within  such  period,  the  defendant  shall  be  discharged.  Rut  i!  the  defendant 
In  such  case  shall  desire  to  plead  guilty  to  such  misdemeanor  and  to  receive 
sentence  therefor,  waiving  his  right  to  a  jury  and  to  an  information  for  the 
misdemeanor,  the  court  may  accept  such  plea  of  guilty  and  assess  such  i)unishment 
as  may  be  fixed  by  law  for  the  offense,  and  issue  a  commitment  or  execution 
therefor,  with  the  same  force  and  effect  as  if  such  defendant  had  been  tried  for 
such  misdemeanor  in  the  court  of  criminal  correction,  and  the  record  shall 
show  the  whole  proceedings.     (lb.,  p.  215.  sec.  11.) 

Sec.  1391.  Duties  of  circuit  attorney,  etc. — It  shall  be  the  duty  of  the  circuit 
attorney,  or  such  assistants  as  he  may  designate,  to  attend  at  his  office  on  each 
day  of  the  week  except  Sunday  and  national  and  state  holidays  at  all  reasonable 
hours,  for  the  purpose  of  preparing  all  complaints,  affidavits,  informations  and 
pleas  required  by  law  lo  be  lodged  in  said  court.      (lb.,  sec.  12.) 

Sec.  139m.  ("Iiief  of  |iolice;  reports  to  circuit  att<irney. — It  shall  be  the  duty 
of  the  chief  of  police  of  the  city  of  St.  Louis,  within  twenty  hours  after  the  arrest 
by  the  police  of  any  person  for  felony  under  the  laws  of  this  state,  to  report  to 
the  circuit  attorney  the  name  of  the  person  so  arrested,  and  the  name  of  the 
prosecuting  witness  and  of  any  other  material  witnesses  known  to  the  police,  and 
said  circuit  attorney  or  his  assistants  shall  thereupon  proceed  to  institute  such 
prosecution  as  is  required  by  law  if,  in  the  judgment  of  such  circuit  attorney,  the 
evidence  presented  to  him  is  sufficient  to  justify  a  prosecution.      (lb.,  sec.  13.) 

Sec.  139n.  Sheriff,  duties  and  fe<'s. — The  sheriff  of  the  city  of  St.  Louis 
shall  attend  said  court  of  general  sessions,  execute  all  writs  and  process  issued 
therefrom,  and  discharge  all  such  other  duties  in  and  about  said  court  as  are  now 
required  by  law  of  sheriffs  in  attendance  ujion  circuit  courts,  and  shall  be  allowed 
the  same  fees  for  all  such  services  as  are  now  allowed  him  for  the  same  in  the 
court  of  criminal  correction,  to  be  taxed  and  collected  as  other  costs  in  criminal 
cases.      (lb.,  sec.   14.) 

Sec.  139o.  Witne.s.ses,  fees,  attendances,  etc. — Witness  fees  shall  be  allowed 
and  taxed  only  when  claimed  in  open  court,  or  to  the  clerk  on  the  day  of  attend- 
ance, and  at  the  rate  of  fifty  cents  per  day  for  each  day's  attendance.  (lb.. 
sec.    15.) 

Sec.  139p.  Cost.'s,  fee  hills. — .■Ml  the  provisions  of  the  act  concerning  costs 
in  criminal  cases  shall  be  held  to  apply  J^o  the  St.  Louis  court  of  general  sessions. 
and  the  duties  devolved  by  said  act  upon  the  officers  therein  named  are  hereby 
devolved  upon  the  officers  of  said  court;  and  such  costs  shall  be  paid  as  in  said 
act  provided,  and  the  fee  bills  in  all  cases  shall  be  taxed  and  certified  on  the  first 
Monday  of  every  month,  or  as  soon  thereafter  as  the  business  of  said  court  will 
permit.      (lb.,  sec.   IG.) 

Sec.  139q.  tierk's  n-port  to  auditor  of  collections. — The  clerk  of  said  court 
■■■hall,  once  every  three  months,  make  and  certify  lo  the  auditor  of  the  city  of  St. 
I..ouis  a  detailed  statement  of  all  the  fines,  penalties,  and  forfeitures  imposed  by 
said  court  and  collected  by  the  sheriff,  and  said  clerk  shall  at  the  time  make  a 
like  statement  of  all  fines,  penalties  and  forfeitures  and  of  all  fees  and  costs 
collected  by  him  and  shall  i>ay  the  same  into  the  city  treasury  at  the  time  of 
making  said  required  statement,  less  the  amount  allowed  to  be  retained  by  him, 
U  provided   in  section   five  of  this  act.      (lb.,  p.   2Ifi.  sec.   17.) 

Sec.  l.lSr.  Sn|M-rvi.>;i<>n  over  oflieers  und  propi-rty. — Said  court  shall  exercise 
a  careful  supervision  over  all  officers  connected  therewith  in  relation  to  money  or 
other  property  found  on  the  persons  of  alleged  offenders  and  taken  from  them,  and 
-hall  see  that  the  same  Is  properly  preserved:  that  the  rights  of  offenders  or 
•'her  parties  in  relation  thereto  are  protected  and  enforced,  and  that  all  laws 
ippllcable  to  such  cases  are  duly  executed,  and  it  shall  have  power  to  enforce  all 
•-s  orders  in  relation  to  such  matters  by  attachment  of  the  body.     (lb.,  sec.  IS.) 

Sec.    I39s.      Koonis   for  court    and   ofrtcers. — The   municipal   assembly   of   the 

ity  of  St.    Louis  shall   provide   rooms   for  said   court   and    for   the  clerk   thereof, 

la  one  of  the  courthouses  of  said  city,  or  in  such  other  building  as  said  assembly 

may  contract  or  provide  for  the  holding  of  courts,  and  also  suitable  offices  con- 


106  STATE  LAWS  SPECIALLY   APPLICABLE  TO  ST.    LOUIS. 

[CHAP.    5. 

tiguous  thereto  for  the  circuit  attorney  and  his  assistants  prosecuting  causes  in 
said  court,  and  the  said  assembly  shall  furnish  said  rooms  and  offices  with  fuel 
and  light  and  other  things  as  may  be  necessary  for  the  court.  All  stationery 
actually  required  for  the  use  of  said  court,  or  the  officers  thereof,  shall  be 
furnished  by  the  city  of  St.  Louis  upon  the  application  of  the  clerk  of  said  court, 
(lb.,  sec.  19.) 

Sec.  13  9t.  Stenographer  of  the  court. — The  judge  of  said  court  shall  appoint 
a  stenographer  of  said  court,  who  shall  liold  his  office  from  month  to  month, 
during  the  pleasure  of  said  court,  who  shall  receive  a  monthly  salary  of  $1.">0.00, 
to  be  paid  out  of  the  treasury  of  the  city  of  St.  Louis  as  other  court  stenographers 
in  said  city.  He  shall  take  oath  to  faithfully  discharge  the  duties  of  reporter  of 
said  court:  he  shall  attend  the  daily  sessions  of  said  court  and  take  accurate 
shorthand  notes  of  the  evidence  in  cases  in  said  court,  and  shall  furnish  transcripts 
of  his  said  notes,  or  any  part  thereof,  in  legible  English,  for  the  use  of  the 
circuit  attorney,  when  so  directed  by  the  judge  of  the  court  or  requested  by  the 
circuit  attorney.  In  the  absence  of  said  stenographer,  the  judge  may  appoint 
a  temporary  stenographer,  who  shall  ])erform  the  duties  and  receive  the  sama 
compensation  per  diem  as  the  regular  stenographer.     (lb.,  sec.  20.) 

Sec.  139u.  Janitor  of  said  court. — The  judge  of  said  court  may  appoint  a 
suitable  person  janitor  of  said  court,  by  order  entered  of  record,  who  shall 
discharge  the  duties  required  of  such  janitor  in  and  about  the  rooms  of  said 
court,  as  provided  by  law  for  janitors  of  circuit  courts,  and  who  shall  receive  a 
salary  not  to  exceed  $720.00  per  annum,  payable  in  monthly  installments  out  of 
the  treasury  of  the  city  of  St.  Louis,  in  the  same  manner  as  the  salaries  of  the 
janitors  of  the  circuit  court  in  said  city  are  now  paid.     (lb.,  sec.  21.) 

Sec.  13  9v.  tiniit  of  criminal  correction  no  .jurisdiction. — Upon  the  taking 
effect  of  the  act  no  information  for  felony  shall  be  lodged  in  the  St.  Louis  court  of 
criminal  correction,  and  the  judge  of  said  court  of  criminal  correction  shall  not 
further  exercise  the  powers  or  jurisdiction  of  an  examining  magistrate  in  charges 
of  felony,  except  that  all  informations  and  prosecutions  for  felony  then  pending 
and  undetermined  in  said  court  of  criminal  correction  shall  be  proceeded  with  in 
said  court  to  final  determination  by  the  judge  of  said  court,  with 
the  same  force  and  effect  as  if  this  act  were  not  passed,  and  in  all 
such  cases  the  same  proceedings  shall  be  had  and  all  costs  and  fees  taxed  and 
certified  in  said  court  of  criminal  correction  as  heretofore.     (lb.,  p.  217,  sec.  22.) 

Sec.  13  9w.  Knierfjency. — The  large  increase  of  criminal  business  in  the  city 
of  St.  Louis,  and  the  heavy  burden  imposed  thereby  upon  the  St.  Louis  court  of 
criminal  correction,  causing  expensive  delays  in  the  administration  of  justice  in 
criminal  proseciitions.  create  an  emergency  within  the  meaning  of  the  constitu- 
tion; therefore  this  act  shall  take  effect  and  be  in  force  from  and  after  its  passage, 
lb.,  sec.   23.) 

ARTICLE  V. 

--._  JfRIES. 

Sec.  140.  Commissioner,  Iiow  appointed. — In  every  city  in  the  state  of  Mis- 
souri having  over  one  hundred  thousand  inhabitants,  it  shall  be  the  duty  of  the 
judge  or  judges  of  the  court  or  courts  having  general  jurisdiction  of  civil  causes 
within  such  city,  together  with  the  judge  or  judges  of  the  court  having  jurisdiction 
within  such  city  in  cases  of  felony,  or  a  majority  of  all  such  judges,  to  appoint, 
within  thirt.v  days  after  the  passage  of  this  act,  and  at  such  other  times  as  herein- 
after authorized,  a  suitable  person  who  shall,  for  at  least  five  years  next  preceding 
his  appointment,  have  been  a  resident  of  such  city,  to  be  jury  commissioner  for 
said  city.      (Laws  1.S79.  p.  2S.  sec.  1;  R.  S.  1S99,  sec.  6539— i.) 

Sec.  141.  Qualiiications  of  coinniissioner. — No  person  shall  be  appointed  to 
or  hold  said  office  of  jury  commissioner  while  holding  any  office  or  employment 
provided  for  or  authorized  by  the  charter  of  said  city,  nor  while  holding  any 
other  office  of  profit  under  the  laws  of  this  state.  (Laws  1S79,  p.  2S,  sec.  2; 
R.  S.   1S99,  sec.   6.t40.) 

Sec.  14  2.  .\ppointnient  to  bo  entered  of  record — tenure. — Such  appointment 
shall  be  made  in  handwriting,  and  signed  by  the  judges  making  the  same.  A  copy 
thereof  shall  be  forthwith  entered  of  record  in  each  of  the  courts  mentioned  in  sec- 
tion one  of  this  act,  and  a  certificate  of  such  record  appended  to  said  original  by  the 
clerk,  and  under  the  seal  of  each  of  said  courts:  and  thereupon  the  said  original 
shall  be  delivered  by  the  clerk  last  certifying  such  record  thereof  to  the  register  of 
said  city,  by  whom  the  said  original  shall  be  filed  and  preserved  in  his  office,  as 
other  official  papers  in  his  custody.  The  person  so  ajipointed  shall  hold  said  office 
for  the  term  of  four  years  from  and  after  the  first  day  of  May  in  the  year  of  his 

(  )     As  to  ordinance  on  jury  commissioner,  see  R.  C.  sec.  1334. 


AltT.    5.1  ST  ATI-:    LAWS   SPKCIALLV    A  IM'I.IC  A  l!LK   TO   ST.    l.Ol'IS.  107 

appoiiitiiieiit,  unless  he  shall  sooner  cense  to  reside  in  siiili  city,  or  become  other- 
wise disiiualified  or  removed  from  office.  A  majority  of  the  judges,  for  the  time 
beitiK.  of  the  courts  mentioned  In  section  one  of  this  act.  shall  have  power,  at  any 
time,  to  remove  such  jury  commissioner  from  his  said  office  for  any  cause  by  them 
deemed  sufficient,  by  a  writing  under  their  hands,  declaring  the  fact  of  such 
removal:  Provided,  that  a  copy  of  such  writing  shall  be  forthwith  entered  of 
record  in  each  of  said  courts  by  order  thereof,  respectively,  and  the  original  thereof 
being  certified  as  aoove  provided,  in  respect  of  the  original  aiipointment,  shall,  in 
like  manner,  be  tiled  with  and  preserved  by  the  register  of  such  city:  and  from  the 
time  of  such  filing  thereof  it  shall  be  unlawful  for  the  person  so  removed  to  exercise 
any  duty,  or  function  of  said  office.  In  case  of  any  vacancy  occurring  in  said  office 
of  Jury  commissioner,  during  the  term  for  which  any  person  was  appointed  thereto. 
or  by  expiration  of  such  term,  it  shall  be  the  duty  of  the  judges  for  the  time  being 
of  the  courts  mentioned  in  the  first  section  of  this  act.  or  a  majority  of  Iheni,  with- 
out delay,  to  fill  such  vacancy  by  appointment  of  some  person  possessing  the  proper 
qualifications  hereunder,  in  like  manner  as  hereinbefore  provided.  (Laws  1S79, 
I>.  28,  sec.  3:  R.  S.   1899.  sec.  65-11.) 

Sec.  143.  Oath  of  coiiiniissioner. — Before  entering  upon  the  duties  of  his 
office,  the  person  so  appointed  jury  commissioner  shall  take  and  subscribe,  before 
the  register  of  said  city,  an  oath  faithfully  and  impartially  to  discharge  the  duties 
thereof,  which  affidavit  shall  be  filed  and  preserved  with  his  said  appointment 
In  the  said  register's  office.      (Laws  1S79.  p.  29.  sec.  4:   R.  S.  1899,  sec.  6542.) 

Sec.  14  4.  Salary. — Said  jury  commissioner  shall  receive  a  salary  of  twenty- 
five  hundred  dollars  per  annum,  payable  in  equal  monthly  installments,  at  the  end 
of  each  month,  by  the  treasurer  of  said  city,  out  of  any  moneys  ai)propriated  there- 
for by  the  municipal  assembly,  upon  warrants  drawn  and  countersigned  by  the 
proper  officers  of  said  city,  pursuant  to  the  charter  thereof.  It  shall  be  the  duty 
of  the  municipal  assembly  to  appropriate  the  money  necessary  for  the  payment  of 
such  salary,  as  other  salaries  of  city  officers  are  |)rovided  for.  The  mnnicipal 
assembly  of  said  city  shall  also,  from  time  to  time,  i)rovide  said  jury  commissioner 
with  suitable  accommodations,  and  with  the  necessary  fuel,  stationery,  books  and 
furniture  for  the  i)roper  discharge  of  his  duties.  (Laws  1879,  p.  29.  sec.  5:  R.  S. 
1899,  sec.  Co  4:?.) 

Sec.  14.").  Deputies. — Said  jury  commissioner  shall  from  time  to  time,  when 
necessary  for  the  discharge  of  the  duties  of  said  office,  appoint,  in  writing,  one  or 
more  deputies,  whose  appointment,  respectively,  shall  be  first  submitted  to  and 
approved,  in  writing,  by  the  said  judges,  or  a  majority  of  them.  Before  any  such 
appointment  shall  take  effect,  a  copy  thereof  shall  be  entered  of  record  in  each  of 
said  courts,  and  a  certificate  of  said  record  appended  to  the  original,  and  said 
original  filed  with  and  preserved  by  the  register,  in  like  manner  as  above  |)rovided 
concerning  the  appointment  of  such  jury  commissioner.  Said  judges,  or  a 
majority  of  them,  or  said  commissioner,  may.  at  pleasure,  remove  any  deputy  so 
uppolnted,  by  a  writing  signed  by  them  or  him.  declaring  such  removal,  which  shall 
also  be  forthwith  recorded  and  filed  in  like  manner  as  provided  in  section  3 
hereof,  concerning  the  removal  of  the  jury  commissioner.  Said  judges  shall  not 
approve  the  appointment  of  a  greater  number  of  deputies  than  they  shall  be 
satisfied  is  necessary  for  the  faithful  performance  of  the  duties  of  said  office,  and 
shall,  at  any  time,  remove  any  deputy  previously  appointed,  whose  continuance  as 
such  shall  not.  in  the  judgment  of  a  majority  of  them,  be  necessary  therefor.  Every 
such  deputy,  before  entering  upon  his  duties  as  such,  shall  take  and  subscribe 
before  and  file  with  said  register,  an  oath  that  he  will  faithfully  and  imi>artially 
discharge  his  duties  under  this  act.  It  shall  be  the  duty  of  every  such  deputy  to 
obey  the  lawful  orders  of  the  said  jury  commissioner  in  all  matters  pertaining  to 
the  proper  execution  of  the  duties  of  said  office,  and  diligently  to  assist  in  fulfilling 
the  same.  The  said  jury  commissioner  shall,  in  writing,  by  and  with  the  approval 
of  the  said  judges  or  a  majority  of  them,  designate  one  of  said  deputies  to  act  as 
principal  deiiuty  jury  commissioner,  and  said  principal  deputy  shall  be  vested  with 
all  the  powers  and  duties  of  the  jury  commissioner  during  the  necessary  absence, 
sickness  or  other  disability,  of  said  jury  commissioner.  (Act  March  23,  1891,  Sess. 
taws   1891,  p.   171:    R.  S.   1899,  sec.   6544.) 

Sec.  146.  I'ny  of  deputies. — Each  of  said  deputies  shall  receive  for  hiS 
services  a  salary  at  the  rate  of  not  exceeding  five  dollars  per  day,  for  every  day 
during  which  he  shall  be  actually  employed  In  performing  his  duties  as  such.  The 
amount  of  such  salary  shall  be  fixed  by  the  jury  commissioner  in  each  case,  and 
such  salary  shall  be  i)rovided  for  and  i)aid  monthly,  in  like  manner  as  above  i)ro- 
Tlded  for  the  payment  of  the  salary  of  such  jury  commissiriner.  But  said  auditor 
shall  not  audit  or  certify  any  claim  for  a  salary  in  favor  of  any  such  dei)uty.  except 
upon  the  certificate  of  the  jury  commissioner  that  the  services  for  which  such  claim 
Is  made  were  In  fact  rendered  by  such  deputy,  pursuant  to  the  orders  of  the  jury 
commissioner,  and  were  necessary  for  the  i)roper  discharge  of  the  duties  of  said 
office.      (Laws  1S79,  p.  30.  sec.  7:   R.  S.   1899,  sec.  6545.) 


108  STATE   LAWS  SPECIALLY   APPLICABLE  TO  ST.   LOUIS.  [CHAP,    5. 

Sec.  14  7.  Duties  of  coniinissioiuT. — Said  jury  commissioner  shall,  between 
the  first  day  of  May  and  the  first  day  of  September,  in  the  year  1879,  and  during 
the  like  period  in  every  second  year  thereafter,  in  person  or  by  deputies,  visit 
every  house  within  the  limits  of  the  city  for  which  he  is  appointed  jury  commis- 
sioner, and  shall,  so  far  as  practicable,  ascertain  by  personal  inquiry  and  all  other 
lawful  means  within  his  reach,  and  shall  take  down  the  name,  occupation  and  place 
of  residence  of  every  person  residing  in  said  city  (except  as  herein  otherwise  pro- 
vided), who  is  qualified  for  and  subject  to  the  performance  of  jury  duties,  noting, 
wherever  practicable,  the  number  of  the  house  and  name  of  the  street  in  which 
such  i)erson  resides  or  does  business.  And  every  male  citizen  of  this  state,  resident 
in  such  city,  sober  and  intelligent,  of  good  reputation,  over  twenty-one  years  of 
age,  and  not  exempt  from  jury  duty  by  the  general  laws  of  this  state,  or  otherwise 
disqualified  or  excused  as  provided  in  this  act,  shall  be  deemed  to  be  qualified  for 
and  subject  to  the  performance  of  jury  duty  under  the  provisions  hereof.  (Laws 
1879,  p.  30,  sec.  8;   R.  S.  1899.  sec.  6546.) 

Sec.  148.  Who  e.vt'iiipt  from  jury  duty. — The  name  of  no  person  shall  be 
taken  down  who  shall,  when  called  on  by  said  commissioner  or  his  deputy,  establish 
to  the  satisfaction  of  such  commissioner  or  deputy,  by  competent  proof  and  upon 
diligent  inquiry  made  by  said  officer,  a  legal  exemption  from  jury  duty  as  a  member 
of  any  military  or  fire  company  or  otherwise;  or  who  is  not  sufficiently  acquainted 
with  the  English  language  to  read  and  write  the  same,  and  to  understand  clearly 
the  proceedings  ordinarily  had  in  courts  of  justice;  or  who  is  actually  exercising 
the  functions  of  a  clergyman,  practitioner  of  medicine,  druggist  or  apothecary, 
attorney  at  law,  ferry  keeper,  or  person  in  actual  charge  of  any  mill,  or  of  professor 
or  other  teacher  in  any  school  or  institution  of  learning,  or  who  is  over  the  age  of 
sixty-five  years,  or  who  is  actually  and  regularly  employed  in  the  navigation  of  the 
Mississippi  river  or  its  tributaries,  or  who  is  in  the  employment  of  any  railroad 
company,  or  who  holds  any  office  of  profit  or  employment  created  by  or  authorized 
under  the  laws  of  the  United  States,  or  of  the  state  of  Missouri,  or  the  ordinances 
of  the  city  within  which  such  jury  commissioner  is  appointed.  Nor  shall  the  said 
commissioner  or  his  deputies  take  down  the  name  of  any  person  of  ill-tame,  or  of 
drunken  or  disorderly  habits,  or  any  person  who  shall  be  found  loitering  about 
without  visible  means  of  support,  and  without  applying  himself  to  an.v  honest 
calling  for  a  livelihood,  or  who  is  a  vagrant  within  the  meaning  of  the  laws  of  this 
state  or  ordinances  of  said  city  touching  vagrants.  And  it  shall  be  the  duty  of  said 
jury  commissioner  and  each  of  his  deputies  diligently  to  inquire  and  inform  him- 
self, by  all  lawful  means,  in  respect  of  the  qualifications  of  every  person  resident  in 
said  city  who  may  be  liable  under  the  provisions  of  this  act,  and  the  laws  of  this 
state,  to  be  summoned  for  jury  duty.  But  nothing  contained  in  this  act  shall  be 
construed  to  compel  any  person  to  serve  upon  any  jury  who  is  exempt  from  such 
service  by  reason  of  any  general  law  of  this  state.  And  it  shall  be  the  duty  of 
every  court  of  record  in  said  city  to  excuse  from  service  as  a  juror  every  person 
who,  being  examined  on  the  voir  dire,  shall  appear  to  the  court  to  be  a  person 
whose  name  ought  not  to  have  been  placed  upon  the  jury  list  under  the  provisions 
of  this  act,  or  who  has  served  on  any  jury  in  any  court  of  this  state  within  twelve 
months  next  preceding,  it  challenged  for  that  cause,  by  either  party  of  the  suit; 
and  the  court  may  excuse  such  person  without  challenge  by  either  jiarty.  (Laws 
1879,  p.  30,  sec.  9;  R.  S.  1899,  sec.  6.547—/.) 

Sec.  14  9.  Questions  to  be  answered  under  oath. — The  said  commissioner,  or 
any  of  his  deputies,  may,  at  any  and  all  times  within  reasonable  hours,  require  any 
person  to  answer,  under  oath,  to  be  administered  by  such  commissioner  or  his 
deputy,  all  such  questions  as  lie  may  address  to  such  person,  touching  his  name, 
age,  residence,  occupation  and  qualifications  as  a  juror,  with  a  view  to  the  due  and 
faithful  enforcement  of  this  act  and  also  all  questions  as  to  similar  matters  touch- 
ing all  persons  in  his  employment  or  forming  a  part  of  his  household.  Such  ques- 
tions, or  any  of  them,  may  be  put  in  writing,  and  the  party  may  be  required  to 
answer  them  in  writing,  and  to  sign  his  name  to  his  answers.  Whoever  shall 
refuse  to  be  sworn,  when  required  by  the  commissioner  or  any  of  his  deputies,  or 
when  sworn  shall  refuse  to  answer  pertinently,  and  in  writing  if  required,  all  such 
questions  addressed  to  him,  and  to  sign  his  name  to  such  answers  when  thereto 
required  by  such  commissioner  or  dejiuty,  may  be  summarily  arrested,  and  taken 
by  such  commissioner  or  deputy  before  some  one  of  said  judges,  who.  upon  being 
satisfied  of  such  refusal,  may  summarily  commit  the  jierson  so  refusing  to  jail, 
there  to  remain  until  he  shall  be  sworn  and  answer  the  questions  so  put  to  him. 
.A.nd  whoever  shall  willfully  and  corruptly  make  and  swear  to  any  false  answers  to 
any  questions  put  to  him  bv  the  said  iury  commissiotier  or  any  of  his  deputies, 
under  and  in  pursuance  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction,  be  punished  by  imprisonment  in  the  jail  of  such  city  for  not  less 

O"!  Thp  (lisqua'ifioation  of  nor.sons  who  cannot  read  and  writp  EnglisL,  is  consti- 
tiitinnal-  Stat"  v>;  "?\"f1=or  11"  Mo.  ^~n.  nont'ct  not  py'>"Titi"1 :  Bfnto  pn  vol.  vs.  FishPr. 
119  Mo  34J-  Firi<  Wnrilpns:  Tn  rp  PowpII.  ".  Mo.  ,\pp.  220,  ,<3prviii£r  on  jiirv  morp  than 
nnrp  in  twelve  months:  William.son  vs.  Transit  Co.  100  S.  W.  1072  (Sup.  Ct.  March  19, 
inOT). 


.\i;r     i  I  STATR   LAWS  SPICCIAI-LY  APPLICABLK  TO  ST.    LOCIS.  109 

than  three  nor  more  than  twelve  months,  or  by  fine  not  less  than  five  hundred 
dollars,  or  by  both  fine  and  iinprlsoninent.  Said  conuuissioner  and  each  of  his 
deputies  may  administer  any  oath  authorized  by  this  act.  ( I.aws  1S79,  p.  ;!  1 , 
sec.   10:   R.  S.   1899.  sec.   G54S.) 

Sec.  150.  Jury  lists,  how  made  up. — As  soon  as  practicable  after  the  first 
day  of  September,  1S79.  and  at  the  like  period  in  every  second  year  thereafter,  the 
said  commissioner  shall  enter  or  cause  to  be  entered  in  alphabetical  order,  in  the 
book  ne.\t  hereinafter  mentioned,  tlie  name,  residence  and  occupation  of  each 
person  residing  in  said  city  and  liable  to  jury  duty  under  this  act.  obtained  by  him 
under  the  foregoiuK  provisions.  Such  book  shall  be  prepared  with  suitable  rulings 
and  headinKs.  and  kept  by  him  as  a  register  of  jurors  for  the  two  years  next  after 
the  last  day  of  September  in  the  year  when  it  is  made  up.  A  new  book  or  register 
of  jurors  shall  be  i)repared  and  made  up  immediately  after  each  biennial  enumera- 
tion above  provided  for:  and  during  the  period  while  each  of  such  registers  is  in 
use.  said  commissioner  shall  from  time  to  time  carefully  examine  and  correct  the 
entries  therein,  adding  all  names  that  shall  come  to  his  knowledge  after  such  book 
Is  made  out.  and  which,  if  then  known,  ought  to  have  been  entered  therein  in 
pursuance  of  this  act.  striking  oft"  the  names  of  all  persons  who  have  died  or  have 
removed  permanently  from  said  city,  noting  changes  of  residence  or  business  of 
parties,  and  otherwise  giving  such  continuous  care  and  attention  to  the  lists  in 
such  book,  that  the  same  shall  at  all  times,  as  nearly  as  practicable,  show  the  names 
of  all  persons  who  are  subject  to  perform  jury  duty  in  said  city  during  the  year 
beginning  on  the  first  day  of  October  next  following  the  time  of  making  such  lists. 
Said  register  of  jurors  shall  be  prepared  with  proper  rulings  and  headings  to  show 
the  full  name,  occupation,  residence  and  i)lace  of  business  of  each  juror,  claim  and 
allowance  or  refusal  of  exemption,  actual  service  on  juries,  and  such  other  matters 
as  may  be  requisite  to  carry  out  the  provisions  of  this  act:  and  said  judges  men- 
tioned in  the  first  section  hereof,  or  a  majority  of  them,  may  at  any  time  make 
such  order  in  writing,  not  inconsistent  with  this  act,  touching  the  books  to  be  kept 
by  said  commissioner,  and  the  |)erforniance  of  his  duties  generally,  as  they  may 
Judge  the  public  interest  to  require,  which  order  shall  be  obeyed  by  said  commis- 
sioner.    (Laws  1S79.  p.  31.  sec.  11:   R.  S.  1S99,  sec.  6.'j49.) 

Sec.  l.il.  Notice,  how  j;iveii  to  eveinpts. — Within  three  days  after  the  first 
day  of  September,  in  each  year,  said  commissioner  shall  give  notice  by  advertise- 
ment daily  for  one  week,  in  two  English  newspapers  of  opi)osite  politics,  and  in  not 
more  than  two  newspa|)ers  printed  in  any  other  language,  all  printed  and  pub- 
lished in  said  city,  and  which  said  newspaper  shall  be  designated  by  the  said 
judges,  or  a  majority  of  them,  with  reference  to  their  comparative  circulation, 
which  advertisement  shall  state  that  the  jury  list  for  the  ensuing  year  has  been 
made  out  and  is  open  for  inspection  at  his  office,  and  requiring  all  jiersons  claiming 
legal  exemption  from  jury  duty  to  iiroduce  to  him.  at  said  office,  within  not  more 
than  twenty  days  after  the  first  publication  of  said  notice,  competent  proof  of  the 
exemption  claimed,  and  further  giving  notice  that  he  will  be  in  attendance  daily  at 
said  office,  designating  the  locality  thereof,  during  said  period  of  twenty  days, 
between  the  hours  of  nine  and  twelve  in  the  forenoon  and  three  and  six  in  the 
afternoon,  for  the  purpose  of  hearing  and  determining  claims  of  exemption,  and 
for  this  purpose  said  commissioner  shall  be  in  attendance,  in  accordance  with 
such  notice.      (Laws   1S79,   p.   32,  sec,   12:    R.  S.   1899,  sec.   655u.) 

Sec.  152.  Kveniptions,  how  noted. — If  any  person  whose  name  has  been 
entered  on  the  register  as  liable  to  jury  duty  shall,  within  the  time  so  notified, 
produce  proof  satisfactory  to  said  commissioner  of  his  exemption  from  jury  duty, 
or  that  his  name  should  not  have  been  entered  on  said  list  under  the  provisions  of 
this  act.  his  name  shall  be  noted  by  said  commissioner  as  exempt  for  the  ensuing 
year  on  said  register,  with  the  reason  therefor:  but  no  person  whose  name  shall 
have  been  placed  upon  said  register  of  jurors,  and  who  shall  neglect  within  the 
period  prescribed  by  said  notice  to  claim  exemption  from  jury  duty,  shall  be 
entitled  to  claim  the  benefit  of  such  exemption  when  summoned  as  a  juror,  (Laws 
1879.  p.  32.  sec.  13:  R.  S.  1S99.  sec.  6551.) 

Sec.    153.      Courts    to    piuss    upon    exeniplioiis. — Whenever    the    commissioner 

shall  refuse  to  mark  the  name  of  any  person  as  exempt  on  said  register  of  jurors 

t    who  shall  within  said  time  have  claimed  exemption,  he  shall  give  to  such  i)erson  a 

[    certificate,    stating    that    the   exemption    has    been    claimed    and    refused,    and    the 

ground  on  which  it  was  claimed:   and  when  such  person  shall  be  summoned  as  a 

I    Juror,  he  may  appeal  to  the  court  in  which  he  is  summoned  from  the  decision  of 

the  commissioner,   and   may   be  discharged   If  the  court   shall   adjudge   that   he  is 

I    legally  entitled  to  exemption  on  the  ground  certified  by  the  commissioner  to  have 

j    been  taken  before  him.     No  ground  of  exemption  shall  be  taken  before  the  court 

except  that  so  certified  by  said  commissioner,  unless  it  arose  after  the  time  within 

which  claims  of  exemption  or  disqualification  could  be  heard  as  aforesaid  by  said 

I    commissioner.      (Laws  1879,  p.  32,  sec.   14;   R.  S.   1899.  sec.   6552.) 


110  STATE   LAWS  SPECIALLY   APPLICABLE  TO  ST.    LOUIS.  [CHAP.   5, 

Sec.  15  4.  Xanies,  how  lopicd  and  drawn. — As  soon  as  practicable  after  said 
register  of  jurors  shall  have  been  completed  or  corrected  for  each  ensuing  year,  in 
the  manner  above  provided,  the  commissioner  shall  copy  each  name  appearing 
thereon  as  liable  to  jury  duty  on  a  separate  ticket  .and  deposit  all  the  tickets  in  a 
hollovi'  wheel,  to  be  provided  for  that  purpose  by  said  city  and  kept  by  him,  in 
which  wheel  the  said  tickets  shall  remain  securely  locked,  except  when  drawn  out 
in  the  manner  hereinafter  directed.  Said  commissioner  shall  have  the  custody  of 
said  wheel,  and  shall  permit  no  person  other  than  himself,  or  his  deputies  under 
his  orders,  to  place  any  ticket  or  other  paper  therein,  or  to  withdraw  any  ticket 
therefrom,  and  it  shall  be  his  duty  to  see  that  said  wheel  and  its  contents  are  not 
interfered  with  by  any  other  person.  (Laws  1879,  p.  33,  sec.  15;  R.  S.  1899, 
sec.  6  553.) 

Sec.  155.  Jurors,  how  drawn. — Whenever  jurors  shall  be  required  to  serve 
in  any  of  the  courts  mentioned  in  the  first  section  of  this  act.  or  in  any  other  court 
of  record  established  in  said  city,  under  the  laws  of  this  state,  in  which  a  jury  may 
be  required,  such  court  may  order  the  sheriff  or  marshal,  or  other  officer  charged 
with  executing  the  process  thereof,  to  summon  a  sufficient  number  of  jurors,  as 
occasion  may  require.  Thereupon  such  officer  shall  obtain  the  names  and  places  ot 
residence  or  business  of  persons  to  be  summoned  as  jurors  in  said  court,  from  said 
jury  commissioner,  who,  upon  the  production  to  him  of  such  order,  shall  furnish 
the  same  to  said  officer,  by  drawing  tickets  from  said  wheel.  Before  any  drawing 
shall  be  made,  the  commissioner  shall  turn  the  wheel  repeatedly,  in  such  manner 
as  to  thoroughly  mingle  said  tickets,  and  to  prevent  the  possibility  of  their  being 
drawn  out  in  any  concerted  or  particular  order.  He  shall  then  draw  out  one  ticket 
at  a  time,  and  no  more,  and  shall  immediately  enter  the  name  and  residence  of  the 
person  indicated  by  such  ticket  on  a  list  to  be  furnished  to  the  officer,  and  also 
make  an  entry  in  his  alphabetical  list,  showing  that  such  name  has  been  drawn 
out,  and  shall  proceed  in  like  manner  until  the  number  of  names  required  by  said 
officers  shall  have  been  drawn,  and  the  list  of  names  required  by  such  officers  com- 
pleted; and  neither  said  commissioner  nor  any  of  his  deputies  shall  furnish  or  give 
to  any  such  officer,  as  liable  to  jury  duty,  any  name  other  than  the  name  so  drawn 
from  said  wheel  in  the  manner  herein  provided,  nor  shall  any  such  officer  summon 
as  a  juror,  unless  by  express  order  of  the  court,  any  person  whose  name  shall  not 
have  been  furnished  to  him  by  said  commissioner,  in  accordance  with  this  act.  Said 
commissioner  shall  also  copy  in  another  book,  with  proper  headings,  to  be  kept  by 
him,  the  list  so  made  for  such  officer,  showing  the  date  when  and  the  court  for 
which  the  names  thereon  were  drawn,  and  shall  deliver  to  said  officer  the  said  list 
certified  by  him.  said  commissioner,  as  having  been  furnished  to  said  officer,  in 
compliance  with  the  order  of  said  court.  He  shall  not,  at  any  such  drawing,  take 
any  more  names  from  the  wheel  than  the  number  of  jurors  required  by  the  officers 
under  such  order  of  court,  unless  it  appear  that  he  has  drawn  names  of  persons 
whom,  after  their  names  were  placed  in  the  wheel,  the  alphabetical  lists,  or  register 
of  jurors  kept  by  said  commissioner,  shall  show  to  have  died  or  removed  per- 
manently from  said  city,  in  which  case  additional  names,  sufficient  to  supply  the 
deficiency  may  be  drawn.  The  tickets  so  drawn  out  shall  not  be  put  into  said  wheel 
again  during  the  year,  but  shall  be  deposited  and  kept  by  said  commissioner  in  a 
box  to  be  provided  for  the  purpose,  and  which  shall  remain  in  his  custody  securely 
locked,  unless  before  the  end  of  the  year  all  of  the  tickets  shall  be  drawn  out.  and 
jurors  shall  still  be  required;  in  which  case  all  the  tickets  shall  be  put  back  into  the 
wheel  again,  and  after  being  thoroughly  mingled,  shall  be  drawn  therefrom  in  the 
manner  aforesaid,  as  required  for  jury  service  in  said  courts  respectively,  until  the 
end  of  the  year.  If  at  the  end  of  the  year  any  tickets  remain  in  the  wheel  that 
have  not  been  drawn  out  during  the  year,  they  shall  all  be  taken  out  of  said  wheel, 
as  soon  as  the  jury  list  for  the  next  year  is  prepared  as  hereinbefore  provided,  and 
shall  be  immediately  biirned  or  otherwise  eftectually  destroyed  by  said  commis- 
sioner or  one  of  his  deputies,  together  with  all  of  the  tickets  which  shall  have  been 
drawn  out  of  said  wheel  during  the  year  next  preceding,  as  hereinbefore  provided. 
It  shall  be  the  duty  of  said  commissioner,  whenever  he  shall  furnish  to  the  sheriff, 
marshal  or  other  i)roper  officer  of  any  of  said  courts,  the  names  of  jurors  as  lierein- 
before  provided,  to  make  out  immediately  a  transcript  of  the  list  so  furnished  to 
such  officer  from  the  book  in  which  he  shall  have  copied  the  same,  and  to  deliver 
or  cause  to  be  delivered  such  transcript  to  the  judge  or  judges  from  whose  court  or 
courts  or  court  rooms  respectively  the  same  has  been  required,  certifying  such 
transcript  and  stating  the  date  when,  and  the  officer  to  whom,  and  the  court  for 
which  said  list  was  furnished  by  him.  (Laws  1879.  p.  33,  sec.  16;  R.  S.  1899, 
sec.    6554.) 

Sec.  156.  •iurors,  liow  suninioned. — Whenever  tlie  jury  commissioner  shall 
furnish  to  the  projier  officer  (?f  any  of  said  courts  the  names  of  persons  for  jury 
service  as  hereinbefore  provided,  such  officer  shall  forthwith  summon  the  persons 
whose  names  are  so  furnished  to  attend  as  jurors  at  the  time  directed  by  the  court. 


AiiT.  ;.]         STATIC  LAWS  speciai.lv  ai'I'licahi-ic  to  ST.  i.ons.  HI 

or  he  shatl  show  the  court  gotJti  cause  for  not  having  done  so.  The  court  shall 
luvestisate  tlie  truth  and  sufficiency  of  the  cause  shown,  and  if  the  same  be  found 
untrue  or  Insufficient,  or  if  it  shall  appear  to  the  court  that  such  officer  has  made 
false  return  in  any  respect  concerning  the  execution  of  the  order  for  summoning 
said  jurors,  the  court  may  fine  sucli  officer  as  for  a  contempt  of  court,  for  every 
such  untrue  or  insufficient  excuse  or  false  return,  in  any  sum  not  exceeding  one 
hundred  dollars.  For  any  other  neglect  or  willful  violation  in  regard  to  the  jury 
service  of  the  court,  whether  prescribed  by  law.  rule  or  order,  the  court  may 
Impose  a  like  fine  u|ion  such  officer:  but  nothing  herein  contained  shall  be  con- 
strued to  protect  or  excuse  any  such  officer  from  liability  to  criminal  proceedings 
under  the  laws  of  this  state,  for  any  willful  misconduct  or  misdemeanor  in  office, 
or  neglect  to  perform  any  duty  enjoined  upon  him  by  law.  (Laws  1S79,  p.  34, 
sec.   17;   R.  ff.   1S99.  sec.   6555.) 

Sec.  167.  Absent  juror.  No  person  who  cannot  be  found  to  be  summoned 
shall,  for  that  reason,  he  dropped  from  the  panel  until,  and  after  repealed  efforts 
to  find  him,  the  court  shall  .so  order.  (Laws  1S79.  p.  34,  sec.  18.  R.  S.  1899,  sec. 
6556. ) 

Sec.  158.  K.vcii.si's,  Iiovv  <li-all  wild. — Whenever  any  person  summoned  as  a 
Juror  under  this  act  shall  be  excused  by  the  court  from  service,  the  court  shall  de- 
cide whether  he  shall  be  excused  for  the  year  ending  on  the  last  day  of  September 
next  ensuing,  or  only  temporarily.  If  excused  for  the  year,  his  name  shall  be 
dropped  from  the  panel,  but  if  excused  temporarily,  the  court  shall  designate  the 
time  when  he  shall  serve,  and  the  sheriff  or  other  proper  official  shall  see  that  he 
be  then  in  attendance.      (Laws  IST!'.  p.  M4.  sec.   19.      R.  S.   1S99.  sec.  6557.) 

Sec.  159.  Time  and  length  of  service  of  juror.  Each  of  said  courts  herein- 
before referred  to  may  direct  from  time  to  time  the  number  of  jurors  to  be  sum- 
moned for  said  court,  and  how  long  they  shall  be  summoned  before  their  at- 
tendance shall  be  required,  and  how  long  they  shall  serve,  and  may  make  all  rules 
and  orders  by  it  deemed  proi)er  touching  the  jury  service  of  the  court,  not  incon- 
sistent with  the  provisions  hereof,  and  may  enforce  the  same  by  attachment  and  by 
One  not  exceeding  one  hundred  dollars.  Kach  of  said  courts  shall  also  see  that  the 
commissioner  discharge  his  dvity  faithfully.  .-Vnd  it  shall  be  lawful  for  either  of 
said  courts,  if  and  whenever  it  shall  appear  to  such  court  that  said  jury  commis- 
sioner has.  in  any  respect,  willfully  neglected  or  violated  his  duty  under  the  pro- 
visions of  this  act.  to  fine  him  not  exceeding  two  hundred  and  fifty  dollars.  .-Vnd 
it  shall  be  the  duty  of  the  clerk  of  such  court,  immediately  upon  the  imposition  of 
any  such  fine,  to  enter  the  same  of  record  in  said  court,  and  to  certify  the  date 
and  the  amount  thereof  to  the  auditor  of  said  city,  by  whom  the  said  aiuount  shall 
be  deducted  from  the  salary  of  said  commissioner  next  thereafter  falling  due.  until 
the  same  shall  be  liquidated.      (Laws  1879.  p.  34.  sec.  20.      R.  S.  1899.  sec    6558.) 

Sec.  160.  IJribery  of  coninii.ssioner — piinislinient. — Whoever  shall,  directly  or 
Indirectly,  give  or  offer,  or  agree  with  any  person  to  give  to  the  said  jury  commis- 
sioner, or  to  any  of  his  deputies,  any  money,  goods,  right  in  action,  or  any  other 
valuable  consideration,  gratuity  or  reward,  or  shall  make  or  enter  into  any  prom- 
ise, undertaking  or  security  for  the  payment  of  any  money,  or  for  the  giving,  as- 
signing or  transferring  of  anything  of  value  to  the  said  commissioner,  or  any  of 
his  deputies,  or  to  any  other  person,  with  intent  to  influence  or  induce  the  said  com- 
missioner, or  any  r)f  his  deputies,  to  omit  or  strike  from  the  jury  list  hereinbefore 
required  to  be  made  out  and  kept,  the  name  of  any  such  person,  or  of  any  other 
person,  or  with  intent  to  induce  or  Influence  the  said  commissioner,  or 
any  of  his  deputies  to  omit  to  put  the  name  of  such  person  or  of  any 
person  on  a  ticket  as  required  by  this  act,  or  with  intent  to  induce  or  influence 
said  commissioner,  or  any  of  his  deiiuties.  to  omit  to  deposit  in  the  wheel  which 
■aid  commissioner  is  required  to  keep,  a  ticket  bearing  any  name  which  under  tJii^ 
provisions  hereof.  It  shall  be  the  duty  of  said  commissioner  to  deposit  in  said  wheel. 
or  with  intent  to  Influence  or  induce  the  said  commissioner,  or  any  of  his  deputies, 
to  delay  or  omit  to  do  any  other  act  or  thing  which  he  is  required  by  law  to  do.  or 
to  do  any  unlawful  act  or  thing  in  or  relating  to  the  duties  of  his  office  of  commis- 
sioner or  deputy,  shall,  on  conviction  thereof,  be  adjudged  guilty  of  a  misdemeanor, 
and  be  punished  by  imprisonment  in  the  jail  of  said  city  for  not  less  than  six  nor 
more  than  twelve  months,  or  by  fine  of  not  less  than  five  hundred  dollars,  or  by 
both  such  ImprisoMMUiit  and  fine.  (Laws  1S79.  p.  35.  sec.  2\.  R.  S.  1899,  sec. 
6539.) 

Sec.  161.  ruiii»hni<-iit  of  i  oiiiniisoiouiT  ami  dcpiilics. — If  the  said  jury  com- 
ml.ssloner.  or  any  of  his  deputies,  shall,  directly  or  Indirectly,  accept  or  receive,  or 
agree  to  accept  or  receive  of  another,  any  money,  goods,  right  of  action  or  other 
valuable  consideration,  gratuity  or  reward,  or  any  promise,  undertaking  or  security 
therefor.  In  consideration  of  his  omitting  to  do  any  act  or  thing  which  he  is  re- 
quired by  law  to  do  as  such  commissioner  or  deputy,  or  In  consideration  of  his 
doing  any  unlawful  act  or  thing  in  his  office  of  commissioner  or  deputy,  he  shall. 


J12  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.  LOUIS.  [CHAP.    5. 

on  conviction,  be  adjudged  guilty  of  a  misdemeanor,  and  shall  thereby  forfeit  hfs 
office,  and  in  addition  thereto  shall  be  punished  by  imprisonment  in  the  jail  of  said 
city  for  not  less  than  six  months  nor  more  than  two  years,  or  by  fine  of  noi  less 
than  five  hundred  dollars,  or  by  both  such  imprisonment  and  fine.  (Laws  1879,  p. 
35,  sec.  22.      R.  S.  1S99,  sec.  6560.) 

Sec.  162.  Omission  of  sheriff,  how  punished. — It  the  sheriff  or  marshal,  or 
any  other  officer  of  any  of  said  courts  hereinbefore  mentioned,  charged  with  exe- 
cuting the  process  thereof,  shall  willfully  or  negligently  refuse  or  omit  to  perform 
any  duty  required  of  him  under  the  provisions  of  this  act,  or  shall,  in  pursuance 
of  any  direct  or  indirect  agreement,  or  by  collusion  with  any  person,  and  with  in- 
tent to  evade  or  permit  to  be  evaded,  any  duty  by  this  act  required  of  him,  per- 
mit or  enable  any  person  to  escape  from,  or  evade  being  summoned  as  a  juror,  or 
shall  in  pursuance  of  any  such  agreement,  or  by  collusion  with  any  person,  and 
with  the  intent  aforesaid,  shall  permit  or  enable  any  person  who  has  been  so  sum- 
moned to  escape  or  avoid  serving  as  a  juror,  in  accordance  with  such  summons  or 
in  pursuance  of  any  such  agreement  or  by  collusion  with  any  person,  shall  enable 
or  permit  any  person  not  summoned  and  liable  to  jury  duty  under  this  act,  to  serve 
as  a  juror  in  any  of  said  courts,  or  if  any  such  officer  shall,  directly  or  indirectly, 
receive,  or  shall,  directly  or  indirectly,  agree  or  offer  to  receive  any  money,  goods, 
right  in  action,  thing  of  value,  or  other  gratuity  or  reward,  or  any  promise,  un- 
dertaking or  security  therefor,  in  consideration  of  committing  any  offense  such  as 
hereinbefore  mentioned,  he  shall,  upon  conviction  thereof,  be  adjudged  guitly  of 
willful  misconduct  and  misdemeanor  in  office,  and  shall  thereby  forfeit  such  of- 
fice, and  shall  also  be  punished  by  fine  of  not  less  than  five  hundred  dollars,  or  by 
imprisonment  in  the  jail  of  said  city  not  exceeding  two  years,  or  by  both  such  fine 
and  imprisonment.      (Laws  1879.  p.  35.  sec.  23.      R.  S.  1899.  sec.  (5561.) 

Sec.  163.  Compensation  of  jurors. — Each  juror  summoned  and  serving  under 
this  act  shall  receive  the  like  compensation  therefor  as  is  or  may  be  allowed  by  the 
general  laws  of  this  state  to  jurors  serving  in  the  trial  of  any  civil  or  criminal  case, 
in  a  court  of  record,  unless  a  different  rate  of  compensation  is  provided  therefor 
by  the  charter  or  ordinance  of  said  city.  For  all  services  rendered  by  petit  jurors, 
summoned  pursuant  to  the  provisions  of  this  act,  they  shall  be  paid  out  of  the 
treasury  of  the  city  in  which  such  services  are  rendered,  upon  the  certificate  of  the 
clerk  of  the  court  in  which  such  service  was  rendered,  and  in  the  manner  provided 
by  law  for  the  auditing  and  payment  of  other  claims  against  the  said  city.  All  fees 
allowed  to  jurors  in  civil  causes,  in  either  of  said  courts  hereinbefore  mentioned, 
shall  be  taxed  and  collected  as  other  costs  in  the  case,  and  w'hen  collected  shall  be 
accounted  for  and  paid  over  by  the  officer  collecting  the  same,  to  the  proper  officer 
of  said  city,  as  other  fees  collected  by  any  officer  of  said  city  are  required  to  be  paid 
into  the  treasury  thereof.      (Laws  1879,  p.  36,  sec.  24.     R.  S.  1899,  sec.  C5G2— t.) 

Sec.  164.  E.vceptions  to  .juror,  when  to  be  talien. — No  exception  to  a  juror  on 
account  of  his  citizenship,  non-residence,  state  or  age  or  other  legal  disability,  shall 
be  allowed  after  the  jury  is  sworn;  nor  shall  any  violation  of  the  provisions  of  this 
act  by  any  officer  be  any  ground  of  objection  to  any  juror,  unless  made  before  such 
juror  is  sworn,  nor  shall  it  in  any  manner  affect  the  verdict  rendered  by  him.  (Laws 
1879.  p.  36,  sec.  25;   R.  S.  1899,  sec.  6563.) 

Sec.  165. — Reijort  of  commissioner. — It  shall  be  the  duty  of  the  said  jury 
commissioner,  within  one  week  after  the  first  day  of  October  in  each  and  every  year, 
including  the  year  in  which  he  shall  be  appointed,  to  make  report,  in  writing,  of  his 
))roceedings  as  such  commissioner  during  the  twelve  months  next  preceding  the 
thirtieth  day  of  September  in  said  year,  to  the  court  having  general  jurisdiction  of 
civil  causes  in  said  city,  or  if  there  be  more  than  one  such  court,  then  to  that  one  of 
said  courts  which  shall  be  indicated  by  direction,  in  writing,  to  said  jury  commis- 
sioner, of  the  said  judges  mentioned  in  the  first  section  of  this  act  [R.  S.  1899,  sec. 
6539],  or  a  majority  of  them.  Such  report  shall  be  presented  to  said  court  during 
the  session  thereof,  and  shall  be  by  order  of  said  court  entered  in  full  upon  the 
records  thereof.  Said  report  shall  contain,  in  a  concise  and  intelligible  form,  a 
summary  of  the  doings  of  said  commissioner,  and  shall  show,  among  other  things, 
the  number  of  persons  liable  during  the  preceding  year  to  jury  duty  in  said  city, 
the  number  of  persons  who  have  claimed  exemption  therefrom,  the  number  to 
whom  said  exemption  was  allowed  by  him.  and  the  grounds  thereof  briefly  classi- 
fied; also  the  number  of  persons  claiming  exemption  to  whom  the  same  was  refused 
by  said  commissioner;  also  the  number  of  names  of  jurors  furnished  by  said  com- 
missioner, for  service  in  the  several  courts  mentioned  in  this  act;  also  a  statement 
of  the  expenses  of  his  office,  including  the  number  of  d.-^puties  employed  by  him, 
and  the  time  during  which  each  of  .hem  was  employed,  and  the  compensation  to 
which  he  has  certified  that  they  were  respectively  entitled  as  hereinbefore  pro- 
vided, together  with  such  further  statements  as  the  experience  of  said  commissioner 

(*)  Pay  of  petit  jurors,  see  Scheme,  sec.  SI.  Also  ord.  R.  C,  sec.  1335;  2412;  pay  of 
jurors  and  witnesses  in  police  courts,  see  R.  C  sees.  1297-1298. 


AUT.    5.1  STATE    U.VWS   SPECIAi.I.Y    AITI.lCAm.lC    TO    ST.    LOUIS.  113 

may  dictatp.  touching  the  operation  of  said  act,  and  the  resnlts  thereof.  It  shall 
also  be  the  duty  of  said  commissioner  at  the  same  time  to  deliver,  or  cause  to  bo 
delivered,  to  the  mayor  of  said  city,  lor  his  information,  a  co|)y  of  said  report, 
(Laws  1S79,  p,  3C.  sec.  2G;  K.  S.  1S99.  sec.  G.tG4.) 

Sec.  ISC.  I'l-e.sent  coiiiniissioiiei-  to  hold  ol'llce  till  when. — Tlie  jury  commis- 
sioner now  lioldiim  oflice  by  virtue  of  the  "Scheme"  prepared  by  a  board  of  ll\irteen 
free  holders,  in  conformity  with  the  provisions  of  the  twentieth  section  of  the  ninth 
article  of  the  constitution  of  the  state  of  Missouri,  and  ratified  at  the  election  held 
for  the  ratiflcation  or  rejection  thereof,  on  the  twenty-second  day  of  August,  eighteen 
hundred  and  seventy-six,  shall  continue  to  exercise  the  powers  and  duties  prescribed 
by  an  act  entitled  "an  act  to  provide  a  jury  system  in  St.  Louis  county."  ap|)roved 
March  third,  eighteen  hundred  and  fifty-seven,  and  the  acts  supplementary  thereto 
or  amendatory  thereof.  Including  said  "Scheme."  and  be  entitled  to  the  compensation 
therein  iirovided  until  the  first  day  of  October.  A.  D.  eighteen  luindred  and  seventy- 
nine,  from  and  after  which  date  the  said  act  and  all  amendnients  thereto,  and  all 
acts  or  parts  of  acts  now  in  force  regulating  or  providing  for  the  summoning  and 
selecting  petit  jurors  in  this  state  which  are  in  conflict  with  the  provisions  of  this 
act.  shall  be  and  are  hereby  repealed.     (Laws  1S79.  p.  37.  sec.  27.) 

Sec  l(!7.  Act  lo  apply. — For  the  purpose  of  ascertaining  to  what  cities  in 
this  state  this  act  shall  ai)ply.  the  several  courts  of  this  state  shall  ta:ie  judicial  notice 
of  the  population  of  the  cities  thereof,  respectively,  as  the  same  has  been  or  may 
from  time  to  time  be  ascertained  and  declared  by  authority  of  the  I'nited  States  or 
of  the  state  of  Missouri,  or  of  any  city  in  this  state,  as  the  result  of  any  census  or 
enumeration  of  the  inhabitants  thereof,  made  in  virtue  of  any  law  or  municipal 
ordinance  directing  such  enumeration.  (Laws  1S79,  p.  37,  sec.  28;  R.  S.  1899, 
see.  6565.) 

Sec.  168.      A  s|HTial  jury,  how  ordered.* 

Sec.  169.  Juror  to  serve  only  once  a  year. — .No  person  shall  be  required  to 
serve  as  a  juror,  either  grand,  petit  or  special,  more  than  once  in  any  year.  (Laws 
1885.  p.  75;   R.  S.  1S99.  sec.  ().ir>7— ;.) 

Sec.  170.  (irand  Jury,  how  selected. — In  all  cities  of  this  state  having  a  pop- 
ulation of  over  three  hundred  thousand  inhabitants,  the  grand  jury  shall  be 
selected  In  the  following  manner,  to-wit:  The  list  of  names  of  ail  persons  liable  to 
service  as  jurors  shall  be  submitted  to  the  judges  of  the  circuit  court  in  general 
term,  who  shall  therefrom  select  the  names  of  six  hundred  men.  known  or  believed 
by  them  to  be  in  every  way  fitted  for  grand  jury  service,  said  selection  lo  be 
repealed  whenever  deemed  necessary  by  said  judges  of  the  circuit  court,  which 
names  shall,  by  said  judges,  be  erased  from  the  jury  commissioner's  list,  but  by 
them  be  deposited  in  a  special  grand  jury  wheel,  which  aftei'  being  properly 
secured,  shall  be  delivered  to  the  care  of  the  jury  commissioner,  who  shall  be 
responsible  for  the  proper  custody  of  the  same,  and  which,  after  the  names  are 
once  placed  therein,  shall  be  opened  only  by  the  said  jury  commissioner,  and  by 
him  only  in  the  presence  of  two  or  more  of  said  circuit  judges,  upon  the  requisition 
of  the  judge  of  the  criminal  court  for  such  number  of  grand  jurors  as  may  be  re- 
quired for  any  one  term  of  said  criminal  court.  (Laws  ISSl.  p.  57,  sec.  1;  Amend- 
ed Laws  1885.  p.  73;  R.  S.  1899,  sec.  6568.) 

Sec.  171.  XunilM-r  to  In-  drawn. — The  number  of  names  of  grand  jurors  to  be 
thus  drawn  from  said  grand  jury  wheel  shall  not  be  less  than  twenty-four  for  any 
one  term  of  said  criminal  court,  but  may  be  increased  by  the  judge  of  said  court 
as  special  circumstances  may  require.  From  the  names  thus  drawn,  the  judge  of 
the  criminal  court  shall  select  twelve  grand  jurors,  who  shall  serve  for  the  current 
term  of  said  court,  and  the  names  of  such  persons  that  have  been  drawn,  but  not 
•elected  to  seri-e  by  said  judge,  shall  be  returned  to  the  grand  jury  wheel  by  the 
Jury  commissioner,  in  presence  of  one  or  more  of  said  circuit  judges,  immediately 
after  the  close  of  the  term  for  which  they  were  drawn.  (Laws  1S81.  p.  57,  sec.  2; 
R.  S.   1899.  sec.  6569.) 

Sec.  172.  Li.st  delivered  to  clerk. — The  list  of  six  hundred  names  selected 
by  the  circuit  Judges,  duly  ceriitied  to  by  the  clerk  of  the  circuit  court,  shall  be 

•'">''-  -•■i-tlon  was  R.  S.   1S»9.  sec.  6566.  Iiut  is  rcpi-ali-d  liy  Session   tjiws  1907.  p.   117. 

Tl  this  sootlon   wua  held   valid:    Eckrldi    vs.   Trniislt  Co..   176  Mo.   6i;i:   Stati-  vs. 

!-•  Mo    434.   456.      But  It   was  In   the  L'lty   of  St.    I..oul8  pnictlcully   illsplaccd   by 

'•     ~-'     IS93.  SfO.   3791)    rolaling  to  special  Juries,   but  the  latter  was  re- 

II    La»v.s    UiO.'i.    p.    174).   .so    that    the   section   above    (R.    S.    1899.   sec. 

■     npplliable    until    the    repeal    In    1907.   ami    such    was    the    practice 

1  in   If.'-  ■  ir.    lit  eoxirt.     .\3  to  the  history  of  the  two  special  Jury  acts,  th»*  manner 

nonlnR.    their    vallillty.    etc..    see    .state    ex    rel.    vs.    WIthrow.    LIS    Mo.    500;    us    to 

r»r   ft:,,   a.-'t,    mi.l    t)irit    the   provisions   n.*?   to   .iTiTnnionln^r  Juries    Is   dlreetory   only. 

':        ■  '.1.     Where  a  c   i  lullns  before  one  JuilKe.  appllca- 

Juiljce   for  a   .-<  ire:      llaelil    vs.    Ry..    119   Mo.   31!.';. 

rlRht   to  chal.-  >  tal   Juri>rs  suininoned   under  see. 

656S.  aiij  nut  3ut.  liOii:.   WiUiiims  vs.  Transit  Co.  luu  S.  W.  1072. 

(I)     See  Williamson   vs.  Transit  Co..   100  S.   W.    1072. 


114  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.  LOUIS.  [CHAP.    .> 

deposited  with  the  clerk  of  the  criminal  court   immediately  after  said  names  are 
drawn.     (Laws  1S81,  p.  58,  sec.  3;  R.  S.  1899,  sec.  6570.) 


ARTICLE  VI. 
JUSTICES  OF  THE   PEACE  AND   CONSTABLES.* 

Sec.    173.      One   justice   and   one   constable   to   be   elected   in  each   district. — 

In  all  cities  which  now  contain  or  may  hereafter  contain  three  hundred  thousand 
inhabitants  or  more  there  shall  be  elected,  on  the  general  election  day  A.  D.  1894, 
and  every  four  years  thereafter,  one  justice  of  the  peace  and  one  constable  tor 
each  district  in  said  cities,  which  districts  shall  be  determined,  fixed  and  located  as 
hereinafter  provided.      (Laws  1891,  p,  175.  sec.  1:   R.  S.  1S99,  sec.  6508 — m.  1 

Sec.  17  4.  Number  of  districts. — For  the  first  one  hundred  thousand  of  popu- 
lation in  said  cities  there  shall  be  five  districts;  and  there  shall  be  an  additional 
district  for  every  additional  one  hundred  thousand,  and  for  every  fractional  part 
of  one  hundred  thousand  exceeding  fifty  thousand  of  population.  For  the  puriiose 
of  this  act  the  last  general  census  of  the  United  States  of  America  shall  be  taken 
as  the  basis  of  population.     (Id.,  sec.  2;  R.  S.  1899,  sec.  6509.) 

Sec.  175.  Office  shall  be  kept,  where — vacancy  declared,  when — how  filled. — 
The  justices  elected  under  the  provisions  of  the  preceding  section  shall  keep  their 
offices  and  hold  their  courts  within  the  districts  for  which  they  were  respectively 
elected,  which  shall  be  designated  in  the  commission;  and  such  justices  so 
elected  or  appointed  shall  exercise  the  pow-ers  and  perform  the  duties  throughout 
their  township  prescribed  by  law  in  relation  to  other  justices  of  the  peace;  and 
whenever  any  such  justice  shall  remove  his  office  or  place  of  holding  his  courts  out 
of  the  district  for  which  he  was  elected  or  appointed,  he  shall  be  deemed  to  have 
vacated  his  office,  and  he  shall  thereupon  proceed  as  provided  by  law  in  case  of 
removal  from  the  township,  and  such  vacancy  may  be  filled  as  provided  by  law 
for  filling  such  vacancies  in  other  cases.      (R.  S.  1899,  sec.  G510 — n.) 

Sec.  17  6.  Hy  whom  districts  to  be  established. — The  judges  of  the  probate 
court,  criminal  court,  criminal  court  of  correction  and  of  the  circuit  court,  or  a 
majority  thereof,  in  all  such  cities  shall,  six  months  prior  to  the  general  election 
of  1894,  divide  their  respective  cities  into  districts  upon  the  basis  of  population 
as  fixed  by  this  act,  and  shall  define  and  fix  the  metes  and  bounds  of  said  districts, 
and  each  of  said  districts  shall  be  entitled  to  one  justice  of  the  peace  and  one 
constable,  to  be  elected  as  provided  in  this. act.  (Id.,  sec.  3;  R.  S.  1899,  sec. 
C511— o.) 

Sec.  177.  Report  of  judges  to  be  filed — judicial  notice  of  boundaries  to  be 
taken. — Such  division  shall  be  accurately  and  fully  described  in  a  report  signed  by 
said  judges,  or  a  majority  thereof,  which  shall  be  filed  in  the  office  of  the  clerk 
of  said  circuit  court,  and  a  certified  copy  thereof  shall  forthwith  be  given  to  the 
mayor  or  other  chief  executive  officer  of  said  city,  and  a  like  certified  copy  to 
each  of  the  justices  elected  under  this  act,  which  shall  be  open  to  inspection  in  the 
said  justices'  offices,  and  the  said  circuit  court  and  all  other  courts  exercising 
jurisdiction,  civil  or  criminal,  original  or  appellate,  in  or  over  said  city,  shall  take 
judicial  notice  of  the  boundaries  of  said  districts  as  defined  in  said  report  of  said 
Judges.      (Id.,  sec.   4;   R.  S.   1899,  sec.  6512.) 

Sec.  178.  Additional  Jtistices'  courts. — In  justice  court  districts,  the  busi- 
ness of  whicli  shall  have  exceeded  two  thousand  two  hundred  cases  in  any  suc- 
cessive twelve  months,  there  shall  be,  and  there  is  hereby  established,  two  justice 
courts,  to  which  there  shall  be  elected  in  the  manner  provided  for  in  said 
act,  except  as  hereinafter  provided,  two  justices  of  the  peace  and  two  constables, 
said  justices  having  jurisdiction  of  causes  as  provided  for  in  said  act.  and  having 
the  same  powers  and  receiving  the  same  salaries  granted  therein,  and  said  con- 

*See   ordinances  as   to   Justices  of  the   Peace,   etc.:      R.   C,  sec.    132t-132S. 

(»«)  This  act  held  valid:  State  ex  rel.  vs.  Higgins.  125  Mo.  3(i4;  Spaulding  vs. 
Brady,  128  Mo.  6.53.  Commissions  to  justices  of  the  peace  and  constaljles  issued  by  tlie 
mayor:  Scheme,  see.  15.  .As  to  bonds  of  constables,  and  approval  thereof,  see  infra, 
sec.  196.  As  to  determination  of  wlio  is  elected,  wliere  there  is  a  tie  vote,  see  State  ex 
inf.  vs.  Kramer,  150  Mo.  Si).  The  act  did  not  termin.ate  the  functions  of  the  Justices  in 
St.  Ijouis  who  held  office,  until  the  .iustiees  elected  under  the  act  qualified:  Knight  vs. 
Mersnian.  66  Mo.  App.  219.  Ord.  10744  for  elections  of  constables,  held  void  in  State  ex 
rel.  vs.  McKee,  69  Mo.  504.  See  also  as  to  election  of  justices  in  St.  Louis,  note  to  sec. 
202  infra. 

(,i)  Construe  with  reefrence  to  sec.  6513.  R.  S.  1S99.  (.infra  sec.  ISO.).  But  this 
section,  so  far  as  supplying  offices,  etc.,  is  concerned,  is  displaced  by  R.  S.  1,S99.  sec. 
6535.  (infra  sec.  200)  and  the  ordinances  of  the  city  provide  for  locating  and  providing 
suitable  offices,  and  for  expenses,  record  books,  etc.:  See  ordinances  R.  C,  sec.  1324- 
132S. 

(o)      Held  valid.      State  ex  rel.  vs.  Higgins.    supra. 


.\l;T     >■.  I  STATK    LAWS    Sl'lIClALl.V     Al'I'LICAlSLK    TO    ST.     LOIMS.  115 

Btablfs  shall  perform  all  the  duties  provided  for  In  said  act,  and  shall  have  all 
the  powers  granted  therein,  and  shall  give  the  same  bond  and  receive  the  same 
salaries  as  provided  therein.      (Laws  1S9!>.  ji.  L'tiS;   U.  S.   lSi)9,  sec.  6521.) 

Sec.  ITSl.  (Jovernor  Co  appoint. — Within  thirty  days  after  section  6521  and 
6522  shall  take  effect,  it  shall  he  the  duty  of  the  governor  of  the  state  to  appoint 
and  commission  such  additional  justice  and  such  additional  constable  for  any 
district,  and  the  same  shall  hold  office  until  the  next  general  election  for  justices 
and  constables  under  said  act.      (Laws  ISStO,  p.  2CS;   K.  S.   ISic.i.  sec.  G522.) 

Sec.  ISO.  Laws  applicable  to  townships,  to  apply  to  districts. — All  laws  now 
or  hereafter  in  force,  concerning  justices  of  the  peace  and  constables,  applicable  to 
townships,  shall  be  applicable  to  the  districts'  of  said  justices  and  constables,  as 
provided  in  this  act.  except  where  inconsistent  with  the  other  provisions  hereof. 
(Laws  1891,  p.  175;   R.  S.  ISltSl.  sec.  6513.) 

Sec.  1S1.  Who  eligible  to  of  lice. — No  person  shall  be  eligible  to  the  office 
of  Justice  of  the  p«'ace  who  is  not  a  citizen  of  the  United  States,  and  who  shall  not 
have  been  an  inhabitant  of  this  state  and  a  resident  of  the  city  in  which  he  is 
elected  for  twelve  months  next  preceding  his  election.  (Id.,  sec.  6;  R.  S.  1899, 
sec.  6514.) 

Sec.  1S2.  Vacancii's,  how  filled. — When  any  vacancy  shall  occur  In  said 
offices,  the  said  judges  shall  at  once  sui)ply  the  same  by  the  appointment  of  some 
person  competent  and  ciualifled,  who  shall  hold  his  office  for  and  during  the 
unexpired  term  of  the  justice  or  constable  holding  such  office  at  the  lime  such 
vacancy  occurred,  and  until  a  successor  be  qualified.  (Id.,  sec.  7;  K.  S.  1S99. 
sec.  6515 — p.) 

Sec.  183.  Qiiulillcntion,  how  made.- — Every  person  who  receives  a  commis- 
sion of  election  as  justice  of  the  peace  or  constable  shall,  within  thirty  days  there- 
after, and  before  entering  upon  the  discharge  of  his  duties,  take  the  oath  pre- 
scribed by  the  constitution  of  this  state,  and  an  oath  that  he  will  faithfully  demean 
himself  in  office,  and  shall  file  his  commission  in  the  office  of  the  clerk  of  the 
circuit  court  of  said  cities,  together  with  the  oath  herein  required  indorsed  thereon, 
to  be  recorded  in  the  office  of  the  clerk  of  the  circuit  court,  which  shall  be  deemed 
an  acceptance  of  such  election;  and  in  case  of  his  failure  to  do  so,  it  shall  be 
deemed  a  refusal  thereof.      (Id.,  sec.  8;  R.  S.  1899,  sec.  6516.) 

Sec.  184.  .Iiirisdiclion — lunoiint  of. — The  said  justices  of  the  peace  shall 
have  original  jurisdiction  of  all  actions  and  proceedings  for  the  recovery  of  money, 
whether  such  action  be  founded  upon  contract,  tort  or  account,  or  upon  a  bond  or 
undertaking  given  In  any  civil  action  or  proceeding,  or  upon  special  tax-bills,  or 
for  a  penally  of  forfeiture  given  by  any  statute  of  this  state,  when  the  sum 
demanded,  exclusive  of  interest  and  costs,  does  not  exceed  five  hundred  dollars. 
(Id.,  sec.  9:   R.  S.   1899.  sec.  6517.) 

Sec.  185.  Jurisdiction — territorial  limits  of. — Every  justice  of  the  peace 
shall  have  jurisdiction  co-extensive  with  the  city  in  which  he  shall  be  elected, 
exce|>t  In  landlord  and  tenant  cases,  and  in  cases  of  forcible  entry  and  detainer 
and  of  unlawful  detainer,  which  shall  be  brought  in  the  district  where  the  property 
to  be  affected  is  situated:  Provided,  however,  that  such  cases  may  be  instituted 
before  a  justice  of  the  peace  in  any  district  adjoining  the  district  in  which  said 
proi)erty  is  situated,  if  the  justice  of  the  peace  of  the  district  in  which  said  prop- 
erty is  situated  has  failed,  by  reason  of  sickness,  absence  from  the  city  or  other 
cause,  to  hold  court  for  five  days  next  preceding  the  date  of  the  filing  of  the  state- 
ment or  complaint  in  such  suit;  in  such  instances  the  justice  of  the  peace  of  such 
adjoining  district  shall  have  jurisdiction  of  all  such  cases  so  instituted  before  him 
to  the  same  extent  as  if  said  property  were  In  his  district;  and  a  statement  of 
the  fact  that  lae  justice  of  the  peace  in  the  district  where  the  property  is  situated 
has  not  held  court  for  five  days  next  preceding  the  date  of  the  filing  of  the 
statement  or  comi>laint  of  such  suit  contained  in  the  aifidavit  filed  by  the  plaintiff 
therein,  shall  be  prima  facie  i>roof  of  such  fact.  (Laws  1907.  p.  11<'>.  amending 
R.  S.   1899.  sec.   651S.I 

Sec.  186.  .Iiirisiliclion  in  i-eplevin,  niechniiics'  liens,  lnndloi'<I  and  tenant 
»Mll.«i,  etc..  and  Keneral  powers. — Such  justices  of  the  peace  shall  have  jurisdiction 
for  the  recovery  of  specific  personal  property,  when  the  value  of  the  property 
■ought  to  be  recovered  and  the  damages  claimed  for  the  taking  or  detention  and 
Cor  injuries  thereto  shall  not  exceed  In  the  aggregate  five  hundred  dollars;  they 
shall  have  Jurisdiction  in  all  actions  brought  to  enforce  mechanics'  liens,  as  pro- 
trlded  by  law  for  enforcing  such  liens  in  the  circuit  court,  when  the  amount  of 
balance  claimed  to  be  due  does  not  exceed  five  hundred  dollars:  and  In  all  suits 
between  landlord  and  tenants  for  rents  or  possession  of  lands  and  tenements,  when 
the  amount  of  rent  claimed  shall  not  exceed  five  hundred  dollars:  and  in  all  cases 
of  unlawful  or  forcible  entry  or  detainer,  and  shall  have  jurisdiction  In  attachment 
proceedings,   and   to  enforce    liens   for   keeping   horses  and   other   animals,   to   an 


'*>      Appointee  holds  until  next  election:     Stnte  ex  rel.  vs.  Spltis.  12?  Mo.  248. 


116  STATE   LAWS  SPECIALLY   APPLICABLE  TO   ST.    LOUIS.  [CHAP.    3. 

amount  not  in  excess  of  five  hundred  dollars.  They  shall  have  all  the  powers 
and  jurisdiction  now  conferred  by  law  on  justices  of  the  peace,  not  inconsistent  with 
the  provisions  of  this  act;  and  all  existing  provisions  of  law  now  applicable  to 
justices  of  the  peace  and  the  practice  and  procedure  in  their  courts  shall  be 
applicable  in  all  respects  to  the  justice  elected  under  this  act.  (Id.,  sec.  11;  R.  S. 
1899,  sec.   6519.) 

Sec.  1S7.  Justices — salary  of. — Each  of  said  justices  shall  receive  a  salary 
of  twenty-five  hundred  dollars  per  annum,  payable  monthly,  to  be  paid  out  of  the 
treasury"  of  the  city  in  which  they  are  elected.  (Id.,  sec.  12;  R.  S.  1899,  sec. 
6520— g.) 

Sec.  188.  Justice  to  api)oiiit  clerk — salary  of. — Each  justice  of  the  peace 
shall  appoint  a  clerk  of  such  court,  to  hold  office  during  the  pleasure  of  said 
justice,  with  a  salary  of  one  hundred  dollars  per  month,  to  be  paid  out  of  the 
treasury  of  the  city  in  which  such  court  shall  be  located,  at  the  end  of  each  month, 
as  provided  herein  in  respect  to  the  salary  of  justices.  (Id.,  sec.  13;  R.  S.  1899, 
sec.  6523.) 

Sec.  189.  Appoint nu'iit  of  clerk  to  be  in  writing'. — Such  appointment  shall  be 
in  writing  signed  by  the  justice,  and  shall  be  filed  in  the  office  of  the  clerk  of  the 
circuit  court  having  jurisdiction  in  such  city.  The  justice  may  at  any  time  remove 
such  clerk  and  appoint  another  in  his  stead.  (Id.,  sec.  14;  R.  S.  1899,  sec.  6524; 
Laws  of  1S97,  sec.  1,  p.  142,  providing  for  appointment  of  deputy  clerks  repealed; 
Laws   1899,  p.   268.) 

Sec.  190.  Clerk  to  give  bond. — Every  clerk,  within  ten  days  after  his  aji- 
pointment,  shall  give  bond  to  the  state,  with  two  good  and  sufficient  securities, 
residents  of  the  said  city,  in  the  penal  sum  of  two  thousand  dollars,  conditional 
that  he  will  pay  all  money  received  by  him  by  virtue  of  his  office,  and  in  every 
respect  discharge  all  his  duties  as  such  clerk  according  to  law.  The  said  bond 
shall  be  approved  as  now  provided  by  law  in  case  of  bonds  of  constables:  and  all 
otheiKprovisions  of  law,  relating  to  requirement  of  new  bond,  discharge  of  sureties 
on  old  bond,  and  suits  on  bonds,  and  summary  proceedings  in  case  of  constables 
and  their  sureties,  shall  be  applicable  to  said  clerks  and  their  sureties  in  like 
manner.      (Id.,  sec.   15;   R.  S.   1899,  sec.   65  25.) 

Sec.  191.  Clerk  to  receive  fees — disposition  of. — All  fees  and  costs  collected 
in  said  courts  not  paid  to  or  collected  by  the  constables  or  their  deputies,  shall  be 
paid  to  and  received  by  said  clerks,  and  in  no  instance  paid  to  or  received  by  said 
justices;  said  clerk  shall  pay  over  all  said  fees  collected  tor  services  of  the  justice 
to  the  treasurer  of  said  city  every  thirty  days,  accompanied  by  a  statement  thereof, 
sworn  to  by  them,  and  all  other  costs  collected  by  said  clerk  shall  be  paid  by  them 
every  thirty  days,  accompanied  by  a  like  sworn  statement,  to  the  constables  of  the 
respective  districts,  who  shall  be  responsible  for  the  same,  and  pay  over  the  same 
to  the  parties  entitled  thereto,  as  now  required  by  law  in  case  of  costs  collected 
by  or  paid  to  said  constables.      (Id.,  sec.  16;   R.  S.  1S99.  sec.  G526 — r.) 

Sec.  192.  Clerks  to  keep  books  of  account. — The  clerks  of  said  justices  of 
the  peace  shall  keep  accurate  books  in  which  shall  be  entered  full,  complete 
itemized  accounts  of  all  fees  and  costs  taxed  or  collected  in  said  courts  by  said 
clerks,  which  books  shall  at  all  times  be  open  for  inspection  by  the  treasurer  of 
such  city,  or  any  agent  appointed  by  such  city  for  that  purpose,  and  shall  perform 
all  clerical  and  ministerial  duties  now  imposed  by  law  on  justices  of  the  peace. 
(Id.,  sec.  17;  R.  S.  1899,  sec.  6527 — .s.) 

Sec.  193.  Constables  to  keep  books  of  account  and  pay  over  fees. — The  con- 
stables elected  under  this  act  shall  keep  accurate  books,  in  which  shall  be  entered 
full,  complete  itemized  accounts  of  all  costs  and  fees,  commissions  and  emolu- 
ments collected  by  them,  and  shall  pay  over  all  such  fees  as  are  provided  by  law 
for  services  of  constables,  collected  by  them,  to  the  treasurer  of  such  city  every 
thirty  days,  accomiianied  by  a  statement  thereof,  sworn  to  by  them,  and  all  such 
books  shall  be  at  all  times  open  for  inspection  by  the  clerk  of  said  court,  or  by  the 
treasurer  of  said  city,  or  any  agent  appointed  for  that  purpose,  or  by  any  one 
having  any  cause  in  said  court,  or  by  his  agent  or  attorney.  (Id.,  sec.  18;  R.  S. 
1899,   sec.    6528.) 

Sec.  194.  Penalty  and  procedure  in  case  of  failure  to  account. — If  any  con- 
stable or  clerk  fall  to  make  and  file  such  statement  with  said  city  treasurer  as 
above  required,  the  justice  of  the  district  shall  issue  a  citation  to  such  constable  or 
clerk  requiring  him  to  make  and  file  such  statement  on  or  before  a  day  to  be  named 

((?)       See  Note   below. 

(r )  The  [provision  that  in  St.  Lovii.s  the  fee.s  be  paid  into  the  treasury  and  the 
justice  receive  a  salar.v  is  constitutional;  Spaulding:  vs.  Brady.  128  Mo.  ^553.  But  for 
services  not  of  a  judicial  nature,  such  as  solemnizing  marriages,  the  justice  is  entitled 
to  retain   the  fees:     St.  Louis  vs.  Summers,   14 S  Mo.   398. 

(s)  -\R  to  duty  and  rights  of  ^-it.v  officials  respeetin.tr  ret-ord  books,  expenses,  etc., 
see  Rev.  Code,  sees.   l.'iSS-lSiT. 


Ai; 


.-;ATI-:    laws    Sl'KCIAI.LY    AITLlCABLt:    TO    ST.    LOUIS.  117 


In  siicli  citation,  and  such  citation  may  be  served  upon  stich  constable  or  clerk  in 
orcior;  and  If  snch  constable  or  clerk  after  service  of  such  citation  fail  to  make  and 
compel  the  attendance  of  such  constable  or  clerk,  and  if  necessary,  commit  him 
to  jail  until  he  make  and  tile  such  statement.  (Id.,  sec.  19:  R.  S;  1899.  sec.  t!.'.L'9.) 
(lie  such  statement,  as  required  by  such  justice,  the  justice  may,  by  attachment, 

?ec.  195.  I'ily  may  sue. — Any  such  city  may  sue  for  and  recover  all  sums 
of  money  payable  into  the  treasury  thereof  by  a  constable  or  clerk,  and  the  con- 
stable or  clerk  and  his  sureties  on  his  official  bond  shall  be  liable  therefor.  ( Id., 
sec.  20;   R.  S.   1S99.  sec.  6530.) 

Sec.  196.  Constables  to  ^ivc  bond. — The  constables  of  such  court  shall. 
within  thirty  days  after  their  ai)pointment.  and  before  entering  on  the  discharge 
of  their  duties,  give  bond  to  the  state  as  now  required  and  dii-ected  by  law,  and 
shall  have  and  exercise  the  same  authority  as  is  now  held  and  e.\ercised  by  con- 
stables of  courts  of  justices  of  the  peace,  and  shall  perform  the  same  duties  and 
be  subjected  to  the  same  liabilities  and  responsibilities  which  now  attach  to  the 
office  of  constable,  and  all  provisions  of  law  now  ai)plicablo  to  constables  shall  be 
applicable  to  said  constables  hereinunder  appointed,  except  where  inconsistent 
«ith  the  provisions  of  this  article,     (id.,  sec.  21:   R.  S.  1S99,  sec.  6531 — t.) 

Sec.  197.  Constables — salary  and  commission. — The  constables  elected 
under  this  article  shall  receive  a  salary  of  one  hundred  and  fifty  dollars  iier  month, 
payable  at  the  end  of  each  month  out  of  the  treasury  of  such  city,  as  i)rovided  in 
ca.se  of  justices  and  clerks,  and  it  shall  be  the  duty  of  the  municipal  assembly  of 
said  city  to  appropriate  the  money  necessary  for  the  payment  of  such  salaries  of 
justices,  clerks  and  constables,  the  same  as  salaries  of  city  officers  are  provided 
for.  Said  constables  shall  be  entitled  to  receive  not  exceeding  two  and  one-halt 
p*'  cent  commissions  upon  all  collections  made.  (Id.,  sec.  22;  Jl.  S.  1899,  sec. 
6Ji2.) 

Sec.  19S.  Deputies — constable. — Every  constable  shall  have  power  to  appoint 
deputies  not  to  exceed  two  In  number,  for  whose  conduct  he  shall  be  answerable, 
and  such  appointments  shall  be  in  writing,  and  said  ai)|)ointments  shall  be  filed  in 
the  office  of  the  clerk  of  the  circuit  court  having  jurisdiction  in  such  city.  (Id., 
sec.  23;  Amended  Laws   1899.  sec.   1,  p.  269;   R.  S.   1S99,  sec.  6533.) 

Sec.  199.  Deputies — salary  of. — Such  deputies  shall  receive  a  salary  of 
seventy-five  dollars  per  month,  to  be  paid  out  of  the  treasury  of  the  city,  in  like 
manner  as  provided  herein  In  case  of  constables.  They  may  be  removed  at  the 
pleasure  of  the  constable  apiiointing  them,  or  his  successor  In  office,  and  in  case 
of  vacancy  In  such  office  of  deputy  constables,  the  constable  may  fill  such  vacancy, 
with  the  approval  of  the  justice,  as  in  case  of  original  appointment.  (Id.,  sec.  24; 
R.  S.  1899,  sec.  653  1.) 

Sec.  200.  Offices  for  justices  to  be  provided. — The  municipal  assembly  of 
said  city  shall  provide  proper  rooms  and  offices  for  said  justices'  courts,  and  their 
clerks  and  constables  in  their  respective  districts,  and  for  the  proper  care  of  the 
snmo.  and  shall  provide  heat,  light,  proper  books  of  account,  dockets  and  printed 
fi>rnis  of  writs,  and  stationery,  and  whatsoever  else  may  be  necessary  for  the  proper 
conduct  of  the  business  of  such  courts.     (Id.,  sec.  25;  R.  S.  1899,  sec.  0535 — ii.) 

Sec.  201.  K4-|H-nlinf:  clau.>ie. — All  acts  or  parts  of  acts  Inconsistent  with  this 
■ct   are  hereby   repealed.      (Id.,   sec.    26.) 

Sec.  202.  City  rejiister  to  perform  ilnties  of  cU-rk — mayor  those  of  county 
court,  except  in  ca.ses  of  tie.  —  In  said  city  of  St.  Louis,  the  duties  and  services 
required  by  chapter  9  of  Rev.  Stat.  1899  (relating  to  constables)  of  the  county 
clerk  shall  be  performed  by  the  register  of  said  city,  and  those  required  to  be 
performed  by  the  county  court  shall  be  performed  by  the  mayor  of  said  city, 
except  in  case  of  a  tie  or  contested  election,  which  shall  be  tried  in  the  circuit 
court:  and,  so  far  as  applicable,  said  city  shall  be  considered  as  a  county;  and 
likewise  a  district  in  said  city  shall  be  held  to  be  the  same  as  a  township  in  said 
Chapter.     (Rev.  Stat.  1899.  sec.  t;;i36— r. ) 

Sec.  203. — (^ualiftcntions  of  Jurors  in  justices'  courts. — In  any  cause  pending 
before  n  justice  of  the  peace  In  cities  which  now  have  or  may  hereafter  have  a 
population  of  300,000  Inhabitants  or  more,  no  person  shall  be  eligible  to  sit  as  a 
Juror  unless  he  has  the  same  qualifications  as  prescribed  for  jurors  in  the  circuit 
'urt  of  such  cities,  and  no  person  shall  be  permitted  to  serve  as  a  juror  In  such 
;ties  before  any  justice  of  the  peace  more  than  once  each  year.  (Laws  1895,  sec. 
1,  p.   202;    R.  S.    1S99,  sec.   653  7.) 

Sec.  20-1.  tli-rks  of  court  to  ri'cniil  niiims  nf  iiirnrv. — Tt  shall  be  the  duty 
of  the  clerk  In         '        'irt  of  a  justice  .r   ih.    p.  ,i.  ■  ; 


</(      Thi'    nia.i,.>r   ui>pruvca    the   constal>lt-'ii    bonJ:    Scliirim-,    mi-.    !.'>.    iil.-.i.    K.\.   Cude. 
•■"ca  ISOS  and  l«Ts. 

(■>)      Sfp  nil  to  aurh  orcllnnncp.o.   R<-v.  C.  sees.   1324-1328. 

(    )     This  sc-rtlon  hplil  volil.  .in  fur  os  to  deciding  tie  election.  o»  unconstitutional. 
In  State  ex  Inf.   vji.   Kramer.   ISO  Mo.   S9. 


118  STATE   LAWS  SPECIALLY   APPLICABLE   TO  ST.    LOUIS.  [CHAP.    f.. 

book  suitably  headed  and  ruled,  the  name  ot  each  juror  serving  in  such  court, 
arranged  under  the  proper  letter  of  the  alphabet,  together  with  the  number  and 
street  of  his  residence  and  the  date  of  his  service.  (Laws  1S9  5,  sec.  2,  p.  202; 
R.   S.    1S99,   sec.    6538.) 

ARTICLE  Vll. 

JIJS'ENILE  COURTS." 

Sec.  205.  Application  of  act — coiistiuotion  of  toi-nis. — This  act  shall  apply 
only  to  children  under  the  age  of  sixteen  years,  not  now  or  hereafter  inmates  of 
any  state  institution,  or  any  training  school  for  boys,  or  industrial  school  for  girls, 
or  any  institution  incorporated  under  the  laws  of  this  state:  Provided,  that  when 
jurisdiction  has  been  acquired  under  the  provisions  hereof  over  the  person  of  a 
child,  such  jurisdiction  shall  continue  for  the  purposes  of  this  act  until  the  child 
shall  have  attained  its  majority.  For  the  purpose  of  this  act  the  words  "neglected 
child"  shall  mean  any  child  under  the  age  of  sixteen  years  who  is  destitute  or 
homeless,  or  abandoned,  or  dependent  upon  the  public  for  support,  or  who 
habitually  begs  or  receives  alms,  is  found  in  any  house  of  ill-fame,  or  with  any 
vicious  or  disreputable  person,  or  who  is  suffering  from  the  cruelty  or  depravity 
of  its  parents,  or  other  person  in  whose  care  it  may  be.  The  words  "delinquent 
child"  shall  include  any  child  under  the  age  of  sixteen  years  who  violates  any 
law  ot  this  state,  or  any  city  ordinance.  The  word  "child"  or  "children"  may 
mean  one  or  more  children,  and  the  word  "parent"  or  "parents"  may  be  held 
to  mean  one  or  bofh  parents,  when  consistent  with  the  intent  of  this  act.  The 
word  "association"  shall  include  any  corporation  which  includes  in  its  purposes 
the  care  or  discipline  of  children  coming  within  the  meaning  of  this  act.  (Laws 
1903,  p.  213,  sec.  1.) 

Sec.  206.  Jiir.sdictioii  of  courts. — The  circuit  courts  exercising  jurisdiction 
in  counties  having  a  population  of  150,000  inhabitants  and  over  in  this  state,  shall 
have  original  jurisdiction  of  all  cases  coming  within  the  terms  of  this  act.  The 
city  of  St.  Louis  shall  be  deemed  to  be  a  county  within  the  meaning  of  this  act. 
(lb.,  sec.  2 — n\) 

Sec.  20  7.  Juvenile  court  looiii — Procedure. — In  said  counties  the 
judges  of  the  circuit  court  shall,  from  time  to  time,  designate  one  of 
their  number,  whose  duty  it  shall  be  to  hear  and  determine 
for  such  time  as  said  judges  shall  designate,  all  cases  coming 
under  this  act.  A  court  room  to  be  designated  the  "Juvenile  Court  Room" 
shall  be  provided  or  assigned  for  the  hearing  of  such  cases,  and  the  proceedings 
of  the  court  in  such  cases  shall  be  entered  in  a  book  or  books  to  be  kept  for  that 
purpose,  and  known  as  the  Juvenile  Record,  and  the  court  may  for  convenience  be 
called  the  Juvenile  Court.  The  practice  and  procedure  prescribed  by  law  for  the 
conduct  of  criminal  cases  so  far  as  same  may  be  applicable  and  when  not  herein 
otherwise  provided,  shall  govern  all  proceedings  under  this  act.  In  all  trials  under 
tliis  act  any  person  interested  therein  may  demand  a  trial  by  jury.      (lb.,  sec.  c — x.) 

Sec.  208.  Who  may  file  petition — affidavit. — Any  reputable  person,  being  a 
resident  in  the  county,  having  knowledge  or  information  of  a  child  in  the  county 
who  appears  to  be  a  neglected  child,  may  file  with  the  clerk  of  the  Juvenile  Court, 
a  petition  in  writing  setting  forth  the  facts,  verified  by  affidavit.  It  sliall  be 
sufficient  that  the  affidavit  be  uiion  information  and  belief.  (Laws  1903,  p.  214, 
sec.   4.) 

Sec.  2  0  9,  Summons — hearing — di.vposition  of  child. — Upon  the  filing  of  the 
petition,  unless  the  parties  shall  voluntarily  appear  or  be  in  court,  a  summons 
shall  issue  in  the  name  of  the  state  of  Missouri  requiring  the  child  and  the  person 
.laving  custody  or  control  of  the  child,  or  with  whom  the  child  may  be,  to  appear 
.•ith  the  child,  at  the  place  and  at  the  time  set  in  the  summons,  which  shall  no: 
i  later  than  tv.-enty-four  hours  after  service,  unless  otherwise  directed  by  the 
court  or  judge.  The  parents  of  the  child,  if  living,  and  their  residences  known,  or 
its  legal  guardian,  or  if  his  or  her  residence  is  unknown,  then  some  relative,  if 
there  be  one,  and  his  or  her  residence  is  known,  shall  be  notified  of  the  proceed- 
ings, and  in  any  case  the  court  may  appoint  some  suitable  person  or  association 
to  act  in  behalf  of  the  child.      If  the  person  summoned,  as  herein  provided,    shall 

•This  act  was  held  valid  in  Ex  Parte  Loving.  ITS  Mo.  194,  as  against  several  consti- 
tutional objections. 

For  the  ordinance  providing  the  building  for  the  .luvenlle  Court,  the  operation  of 
that  court,  and  the  offices  created  in  connection  therewith,  see  ord.  22540,  approved  July 
12,  ISUG,  set  out  in  appendix  to  the  Revised  Code. 

(re)  The  amendment  in  IVOh  (acts  190.S,  p.  56)  repeals  the  act  and  substitutes  a 
new  one,  in  so  far  as  cities  lietween  150.000  and  500.000  are  concerned,  so  that  the  act  of 
1903  now  applies,  in  effect,  to  the  City  of  St.  Louis  alone.  But  tliat  does  not  invalidate 
the  act.  within  the  reasoning  in   Ex   Parte   Loving,  supra   (ITS  Mo.   194). 

(r)      See  Stale  ex   rel.   vs.   Wilder.   19T  Mo.    2". 


AUT.    :.|  STATE    I^WVS   SKKCIALLY    APPLICABLE   TO   ST.    LOUIS.  119 

fall  without  reasonable  caiisi'  lo  appear  and  abide  the  order  of  the  court,  or  to 
bring  the  child,  such  person  may  be  proceeded  against,  as  in  case  of  contempt  of 
court.  If  it  shall  appear  to  the  satisfaction  of  the  court  that  there  is  no  person  in 
charKO  or  care  of  the  child,  the  court  may  order  the  sheriff  to  take  control  of  the 
child  and  bring  him  into  court'.  On  the  return  of  the  summons,  or  other  process, 
or  as  soon  thereafter  as  may  be.  the  court  shall  proceed  to  hear  the  case  In  a 
summary  manner,  and  if  it  shall  determine  that  the  child  is  a  "neglected  child" 
within  the  definition  thereof  ccnitain  herein,  shall  enter  Its  order  or  judgment 
accordingly  under  the  provisions  of  this  act;  and  the  cost  of  the  proceedings  may. 
In  the  discretion  of  the  court,  be  adjudged  against  the  petitioner  or  any  person  or 
persons  so  summoned,  or  appearing,  as  the  case  may  be.  and  collected  as  provided 
by  law  in  civil  cases.  All  costs  not  so  collected  shall  be  jiaid  by  the  county. 
Pending  the  disposition  of  any  case,  the  child  may  be  retained  in  the  custody  of  the 
person  having  charge  of  the  same,  or  may  be  kei)t  In  some  suitable  i)lace  provided 
by  the  county  authorities,  or  by  any  association  having  for  one  of  its  objects  the 
care  of  delinquent  or  neglected  children,  or  in  such  other  custody  as  the  judge 
may  direct.     (lb.,  sec.  ;').) 

Sec.  210.  I'roliation  ofliccr — duty, — The  circuit  court  shall  appoint,  or 
designate,  a  discreet  person  of  good  character,  to  serve  as  i)robatlon  officer  during 
the  pleasure  of  the  court.  Whenever  there  is  to  be  a  child  brought  before  the 
Juvenile  Court.  It  shall  be  the  duty  of  the  clerk  of  the  court,  if  practicable,  to 
notify  the  said  probation  officer  in  advance  of  the  time  when  any  child  is  to  be 
brought  before  the  court.  It  shall  be  the  duty  of  the  said  probation  officer  to 
majie  such  investigation  of  such  child  as  may  be  required  by  the  court,  to  be 
present  in  court  in  order  to  represent  the  interests  of  the  child  when  the  case 
is  heard,  and  to  furnish  to  the  court  such  information  and  assistance  as  the  judge 
may  require,  and  to  take  charge  of  any  child  betore  and  after  trial,  as  may  be 
directed  by  the  court;  and  the  court  shall  have  power  lo  make  and  enforce  rules 
si)eclfylng  the  duties  of  probation  officers  In  any  and  all  cases.  (Laws  1903, 
p.  214,  sec.  6.) 

Sec.  211.  N<-Klf<te(l  cliild. — When  any  child  under  the  age  of  sixteen  years 
shall  be  found  to  be  neglected  within  the  meaning  of  this  act.  the  .Juvenile  Court 
may  make  an  order  committing  the  child,  under  such  conditions  as  it  may 
prescribe,  to  the  care  of  some  reputable  person  of  good  moral  character,  or  to 
the  care  of  some  association  willing  to  receive  it.  embracing  In  its  object  the 
purpose  of  caring  for  neglected  children.      (Laws   100;',,  p.  2i.").  sec.   7.) 

Sec.  212.  t'liildren  arrested  taken  before  .juvenile  court. — When  in  any  such 
county,  a  child  under  the  age  of  sixteen  years  is  arrested  with  or  without  warrant, 
such  child  shall,  instead  of  being  taken  for  trial  before  a  justice  of  the  peace,  or 
police  magistrate,  or  judge  of  any  other  court,  now  or  hereafter  having  jurisdic- 
tion of  the  ofTense  charged,  be  taken  directly  before  such  Juvenile  Court;  or  If  the 
child  shall  have  been  taken  before  a  justice  of  the  peace  or  police  magistrate,  or 
judge  of  such  other  court,  it  shall  be  the  duty  of  said  justice  of  the  peace  or  police 
magistrate,  or  judge  of  such  other  court,  to  transfer  the  case  to  such  Juvenile 
Court,  and  of  the  officer  having  the  child  in  charge  to  take  such  child  before  said 
court,  and  the  said  court  shall  proceed  to  hear  the  case  in  accordance  with  the 
law.  In  trials  of  such  offenses.  In  place  of  a  warrant  for  the  arrest  of  any  child 
under  said  age.  a  summons  may  Issue  as  provided  In  section  5  [209  supra]  of  this 
act  with  respect  to  neglected  children.     (lb.,  sec.  S — i/.) 

Sec.  213.  Punishment  discretionary. — All  punishments  and  penalties  im- 
posed by  law  upon  persons  for  the  commission  of  offenses,  shall  In  the  case  of  the 
said  delinquent  children  rest  In  the  discretion  of  the  judge  of  the  Juvenile  Court, 
and  execution  of  any  sentence  may  be  suspended  or  remitted  In  his  discretion. 
(lb.,  sec.  9.) 

Sec.  2H.  Xi>  jail  •>iiiiiini'  nor  coMliniini'Mi  ujch  miiviits. — In  all  cases  when 
practicable  the  court  shall  require  notice  to  be  given  and  Investigation  to  be  made, 
as  In  the  several  cases  under  this  act  provided  for.  and  may  adjourn  the  hearing 
from  time  to  time  for  the  purpose.  The  court  shall  not  commit  a  child  under 
sixteen  years  of  age  to  a  jail  or  police  station,  but  if  said  child  is  unable  to  give 
ball,  it  may  be  committed  to  the  care  of  the  sheriff,  police  officer  or  i)robalion 
officer  who  shall,  unless  otherwise  ordered  by  the  co\irl.  keep  such  child  in  a 
suitable  place,  which  shall  be  provided  by  the  county,  outside  of  the  Inclosures  of 
any  jail  or  police  station,  or  such  child  may  be  committed  to  the  care  of  any 
association  willing  to  receive  it.  having  for  one  of  its  objects  the  care  of  neglected 
children.  When  any  delinquent  child  shall  be  sentenced  to  confinement  In  any 
Institution  to  which  adult  convicts  are  sentenced.  It  shall  be  unlawful  to  confine 
•ucli  child  In  the  same  building  with  such  adult  convicts,  or  to  bring  such  child 
Into  any  yard  or  building  in  which  adult  convicts  may  be  present,  or  to  permit  any 
contact  or  intercourse  whatever  between  such  child  and  such  adults.     The  judge 

(»>      state  fx   r.'l    v.')    Wil.l.r     1:<:   ,Mo.   27. 


120  STATE   LAWS  SPECIALLY   APPLICABLE  TO   ST.    LOUIS.  [CHAP.    5. 

of  the  Juvenile  Court  may  make  in  vacation  any  order  for  the  temporary  care 
of  any  child  or  children  coming  w!thin  the  provisions  of  this  act.      (lb.,  sec.  10.) 

Sec.  215.  ]>ei)iity  probationary  officers — duty  of  prosecuting  attorneys — of 
police — i)robatiou  officer's  power. — In  each  county  in  this  slate  having  a  Juvenile 
court  and  probation  officer  appointed  as  hereinbefore  provided,  the  said  proba- 
tion officer  shall  have  the  power  and  authority  to  appoint  one  or  more  deputy 
probation  officers  subject  to  the  approval  of  the  judges  of  the  circuit  court.  Said 
deputies  shall  hold  office  during  the  pleasure  of  the  said  court.  Women  shall 
not   be   disqualified    from    holding   the   position    of   deputy   probation    officers. 

It  shall  be  the  duty  of  all  circuit,  prosecuting  and  city  attorneys  representing 
the  state  or  city  in  any  court  held  in  the  counties  aforesaid,  to  give  to  the  proba- 
tion officers  such  aid  in  the  performance  of  their  duties  as  may  be  consistent  with 
the  duties  of  the  office  of  such  attorneys. 

It  shall  be  the  duty  of  all  police  officers  and  constables  making  arrest  of 
children  under  sixteen  years  of  age  in  the  counties  aforesaid,  to  at  once  give 
information  of  that  fact  to  the  probation  officer,  or  one  of  his  deputies,  and  also  to 
furnish  such  probation  officer  with  all  facts  in  their  possession  pertaining  to  said 
child,  its  parents,  guardian,  or  other  person  interested  in  such  child,  and  also  of  the 
nature  of  the  charge   upon   which  such  arrests  has  been   made. 

Any  probation  officer  may,  without  warrant  or  other  process,  at  any  time 
until  final  disposition  of  the  case  of  any  child  over  whom  said  Juvenile  Court  shall 
have  acquired  jurisdiction,  take  any  child  placed  in  his  care  by  said  court,  and 
bring  such  child  before  the  court,  or  the  court  may  issue  a  warrant  for  the  arrest 
of  any  such  child;  and  tlie  court  may  thereupon  proceed  to  make  any  lawful 
disosition  of  the  case.      (lb.,  sec.   11.) 

Sec.  216.  vSalary  of  prol>ation  officer  and  dei)uties. — The  said  probation 
officer  shall  receive  a  salary  of  one  thousand  dollars  ($1,000)  per  annum,  payable 
monthly'  out  of  the  funds  of  said  county.  Every  assistant  probation  officer  shall 
receive  such  salary  or  compensation  as  may  be  decided  by  the  judges  of  the  circuit 
court,  not  exceeding  in  any  case  the  sum  of  eight  hundred  (SCO)  dollars  per 
annum,  iiayable  in  like  manner  out  of  the  funds  of  said  county.  Actual  disburse- 
ments for  necessary  expenses  made  by  probation  officers  while  in  the  performance 
of  their  duties  shall  be  reimbursed  to  them  out  of  the  funds  of  said  county,  after 
approval  by  the  judges  of  the  circuit  court:  Provided,  that  no  officer  shall  be 
allowed  for  such  disbursement  a  greater  sum  than  one  hundred  dollars  in  any 
one  year.      (lb.,  sec.  12,  p.   216.) 

Sec.  217.  Power  of  court  in  final  disposition  of  child. — In  the  case  of  a 
delinquent  child,  the  court  may  suspend  the  sentence  or  execution  thereof,  from 
time  to  time,  and  may  in  the  meantime  commit  the  child  to  the  care  and  ctnitrol 
of  a  probation  officer,  duly  appointed  by  the  court,  and  may  allow  such  child  to 
remain  in  its  home,  subject  to  the  visitation  and  control  of  the  probation  officer, 
such  child  to  report  to  the  probation  officer  as  often  as  may  be  required,  and  to 
be  subject  to  be  returned  to  the  court  for  further  proceedings  whenever  such 
action  may  appear  to  the  court  to  be  necessary;  or  the  court  may  authorize  the 
child  to  be  placed  in  a  suitable  family  home,  subject  to  the  friendly  supervision 
of  a  probation  officer,  and  the  further  order  of  the  court,  or  it  may  authorize  the 
child  to  be  boarded  out  in  some  suitable  family  home,  in  case  provision  is  made 
by  voluntary  contribution,  or  otherwise,  for  payment  of  the  board  of  such  child, 
until  suitable  provision  may  be  made  for  the  child  in  a  home  without  such  pay- 
ment; or  the  court  may  commit  the  child  to  a  suitable  institution  for  the  care 
of  children.      (lb.,  sec.  13.) 

Sec.  218.  (^hild  a  ward — sub.ject  to  order  court. — In  any  case  where  the 
court  shall  commit  a  child  to  the  care  of  any  association  or  individual,  in  accord- 
ance with  the  provisions  of  this  act,  the  child  shall,  unless  otherwise  ordered, 
become  a  ward,  and  be  subject  to  the  control  of  the  association  or  individual,  to 
whose  care  it  is  committed;   and  subject  to  the  order  of  the  court.      (lb.,  sec.  14.) 

Sec.  219.  Associations — when  awarded  custoO.v — report — removal. — The 
judge  of  the  Juvenile  Court  may  secure  such  information  from  any  association 
desiring  to  have  children  committed  to  its  care  under  the  provisions  of  this  act, 
as  said  judge  may  deeiu  necessary,  to  enable  him  to  exercise  a  wise  discretion  in 
dealing  with  such  children.  Every  such  association  shall  file  with  the  state  board 
of  charities  and  corrections  an  annual  report,  respecting  the  children  cared  for 
during  the  year,  under  the  provision  of  this  act;  the  number  received,  the  number 
placed  in  homes,  the  number  that  have  died,  and  the  number  returned  to  parent? 
or  friends.  The  court  shall  have  power  to  withdraw  any  child  sent  to  any  institu- 
tion or  association  or  person  a"t  any  time,  and  to  make  other  provision  therefor, 
(lb.,  sec.  15.) 

Sec.  2  20.  IJeliRious  affiliations  to  he  respected. — The  Juvenile  Court,  In 
committing  children,  shall  place  them  as  far  as  practicable,  in  the  care  and 
custody   of   some  individual   holding   the  same  religious   belief   as   the   parents   of 


^^HT.    7.1  STATl':    U\WS   .SFi:CIAM>Y    Arri.ICAHI.I'.   TO   ST.    I.OL'IS.  121 

Biich  child,  or  with  an  association  controlled  by  persons  of  like  religious  faith  as 
the  said  parents.      (lb.,  p.   217.  sec.   16.) 

Sec.  22\.  Ap|M-iil. — An  appeal  shall  be  allowed  to  the  child  from  any  final  order 
of  ronuniinienl  made  under  the  provisions  of  this  act  and  from  any  moditication 
of  surh  order  and  may  lie  demanded  on  the  part  of  the  child  by  its  guardian,  by 
either  parent,  by  its  previous  custodian  or  by  any  person  within  the  fourth  degree 
of  kindred  of  such  child:  Provided,  however,  that  such  appeal  shall  be  taken  at 
the  same  term  of  the  court  at  which  the  order  is  made,  and  such  appeal  shall  act 
us  a  supersedeas  if.  a  bond  with  sufficient  sureties  shall  be  given  in  a  penal  sum 
not  exceeding  five  hundred  dollars,  payable  to  the  state  of  Missouri  and  conditioned 
that  when  so  ordered  by  the  court  the  child  shall  be  surrendered  to  abide  such 
Judgment  or  order  as  may  be  rendered  or  made  by  the  appellate  court;  but  the 
trial  court  or  the  apiiellate  court  may  in  its  discretion  by  an  order  modify  or 
dispense  with  such  bond:  in  which  case  the  allowance  of  the  appeal  shall  act  as  a 
supersedeas  on  compliance  with  the  order  so  made.      (lb.,  sec.   17.) 

Sec.  2  22.  Act  not  to  iiO'ect  certain  institutions. — Nothing  in  this  act  shall  be 
construed  to  repeal  any  portion  of  the  law  relating  to  the  Industrial  Home  for 
Girls,  or  the  Reform  School  for  Boys,  and  in  all  coniniitments  to  either  of  said 
Institutions,  the  law  in  reference  to  said  institutions  shall  govern  the  same.  (lb., 
sec.  18.) 

Sec.  22."?.  t'onipiilsion  of  parent  lo  support  cliild. — In  any  case  in  which  the 
Juvenile  Court  shall  lind  a  child  neglected,  or  delinquent,  it  may,  in  the  same  or 
subsequent  proceeding,  upon  the  parents  of  said  child  or  either  of  them  being 
duly  summoned,  or  voluntarily  aiipearing.  proceed  to  inquire  into  the  ability  of 
said  parent  or  parents  to  support  the  child,  or  contribute  to  its  support,  and  if 
the  court  shall  find  that  such  parent  or  parents  are  able  to  support  the  child  or 
eontribute  thereto,  the  court  may  enter  an  order  or  decree  requiring  said  parent 
or  parents  to  support  such  child  or  contribute  thereto,  and  may  enforce  the 
same  by  execution.     (lb.,  sec.  19.) 

Sec.  224.  Act  of  lOOl  i-elatinK  to  .juvenile  delinquents  repealed. — The  act 
entitled  "An  act  to  establish  a  probation  system  for  juvenile  delinquents  in 
certain  cities,     approved  .March  26.   1901.  is  hereby  repealed.      (lb.,  sec.   20.) 

Sec.  22.">.  Knierici'ncy. — No  adequate  provision  for  the  care  of  neglected  or 
delinquent  children  existing  in  counties  having  a  population  of  I'lO.OOO  inhabitants 
and  over,  in  this  state,  there  is  created  an  emergency  within  the  meaning  of  the 
constitution:  therefore,  this  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage,     (lb.,  sec.  21.1 

Sec.  226.  Inconsistent  acts  n>|«-ule(l. — .\11  acts  or  parts  of  acts  in  conflict 
with   this  act.   or   inconsistent   herewith,   are    hereby    repealed.      (lb.,   sec.    22.) 


CHAPTER  FIVE  A. 

CUIMKS. 

Sec.  226a.  OlTerinj;  property  for  sale  without  written  authority. — In  cities 
of  three  hundred  thousand  inhabitants  or  more,  any  person  who  shall  offer  for 
sale  any  real  property  without  the  written  authority  of  the  owner  of  such  property, 
or  of  his  attorney-in-fact,  appointed  in  writing,  or  of  a  person  who  has  made  a 
written  contract  for  the  purchase  of  said  property,  with  the  owner  thereof,  shall 
b«  deemed  guilty  of  a  misdemeanor  and  fined  in  a  sum  of  not  less  than  ten 
dollars  nor  more  than  three  hundred  dollars.     (Laws  190:i.  p.  loi,  sec.  1 — z.) 

Sec.  22t!b.  .Vpplication  for  loans  witluiut  written  nuthoril,v. — In  cities  of 
three  hundred  thousand  inhabitants  or  more,  any  person  who  shall  make  applica- 
tion to  any  other  person,  or  to  any  corporation,  for  a  loan  upon  any  real  proiierty 
without  the  written  authority  of  the  owner  of  such  real  property,  or  of  his  attor- 
ney-in-fact, appointed  in  writing  or  of  any  person  who  has  made  a  written  contract 
for  the  purchase  of  such  property  with  the  owner  thereof,  shall  be  deemed  guilty 
of  a  misdemeanor  and  fined  In  a  sum  not  less  than  ten  dollars  nor  more  than  three 
hundri'il   dollars        i  lb  .    «<'r     '_*   > 


CHAPTER  SIX. 

I'.VMACI-;  .-^flT.';  .MlAIN.'^T  CITTKS. 

Sec.    227.      In  -nils  agnin.st  city  for  iliininees  plnintilT  may  1h-  riMiiiind  to  .join 

IS  r<»-defendanl   person  or  cor|Hiralii>n  liable  to  an  action  on  same  account   by  city. 

Whenever  a  city  of  over  one   hundred   and   fifty   thousand    inhabitants   shall   be 

t*»     Section   ronstrupd   In   Mercantile  Trust  Co.   vs.  NiKKcman.   119  Mo.   App.   56.  as 


j     to  validity  of  contract 


122  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.   LOUIS.    [CHAP.    5a.    6.    7,   8. 

sued  in  any  court  in  tliis  state  and  the  cause  of  action  on  account  of  which  said 
city  is  sued  shall  arise  from  the  wrongful  or  unauthorized  acts  or  carelessness  and 
negligence  of  any  person  or  corporation  subject  to  service  in  this  state,  and 
such  wrongful  or  unauthorized  acts  or  carelessness  and  negligence  shail  also  make 
such  person  or  corporation  liable  to  an  action  by  the  plaintiff  on  the  same  account 
as  such  city  is  sued  for,  such  city  may,  within  fifteen  days  after  the  first  day  of 
the  next  term  of  court  after  the  service  of  the  writ  of  summons,  file  a  motion,  in 
writing,  in  said  case,  notifying  the  plaintiff  therein  to  malte  such  person  or  cor- 
poration a  party  defendant  in  said  suit  in  accordance  with  the  facts  constituting  the 
liability  of  such  person  or  corporation,  which  facts  said  city  shall  set  forth  in  said 
notice,  and  shall  verify  the  same  by  affidavit.  The  plaintiff  in  said  suit  shall  then 
proceed  to  join  such  person  or  corporation  as  a  party  defendant  in  said  suit,  in 
accordance  with  the  facts  set  forth  in  said  notice,  and  such  suit  shall  not  be  prose- 
cuted against  said  city  until  such  person  or  corporation  is  made  a  co-defendant  with 
such  city:  Provided,  however,  that  in  case  the  facts  set  forth  in  said  notice  do 
not  make  such  person  or  corporation  named  therein  liable  to  an  action  on  the 
same  account  as  such  city  is  sued  for  in  such  case,  said  plaintiff'  may  file  a  motion 
to  strike  out  said  notice,  and  if  said  motion  shall  be  sustained  by  the  court,  then 
the  plaintiff  in  such  case  may  proceed  against  defendant  city  alone,  as  if  said 
notice  had  not  been  filed;  and  provided  further,  that  if  the  plaintiff  shall  make 
such  person  or  corporation  as  may  be  named  in  said  notice  a  party  defendant  in 
said  suit  and  shall  have  caused  summons  to  be  issued  for  such  person  or  corpora- 
tion, and  such  person  or  corporation  cannot  be  served  with  process  by  the  officer 
to  whom  such  writ  is  directed,  then  the  plaintiff  in  such  case  may  proceed  against 
the  city  alone.     (Laws  1901,  pp.  7S,  79— a.) 


CHAPTER  SEVEN. 

DENTI.STRY.* 

Sec.  228.  Duty  of  regi.stor  in  St.  Louis. — Whenever  in  article  3  of  Chap. 
128  of  Rev.  Stat,  of  1899  entitled  "Dentistry,"  it  is  provided  that  any  duty  or 
service  shall  be  performed  by  any  county  clerk,  such  duty  and  service  in  the  city 
of  St.  Louis  shall  be  performed  by  the  city  register  of  the  city  of  St.  Louis  as 
if  said  officer  was  especially  named  to  perform  these  duties  and  services,  and 
said  register  shall  receive  the  same  compensation  therefor  as  this  article  provides 
shall  be  paid  to  county  clerks;  provided,  futher  that  whenever  in  this  article  the 
word  "county"  is  used  it  shall  include  the  city  of  St.  Louis  the  same  as  if  said 
city  were  especially  named.      (Laws  1905,  p.  217,  sec.  8535.) 


-_    CHAPTER  EIGHT. 

DRAMSHOPS — EXCISE  COMMISSIONER. ♦« 

Sec.  229.  In  all  cities  in  this  sta.te,  which  now  have,  or  may  hereafter  have 
a  population  of  300,000  inhabitants  or  more,  there  is  hereby  created  the  office 
of  excise  commissioner,  who  shall  have  exclusive  authority  to  grant  dramshop 
licenses;  and  such  commissioner  shall  be  appointed  by  and  hold  his  office  during 
the  pleasure  of  the  Governor.  The  excise  commissioner  must  be  a  bona  fide 
resident  of  the  city  where  appointed  for  a  period  of  not  less  than  two. years 
previous  to  his  ap])ointment  and  shall  be  confirmed  by  the  Senate.  (Laws  1905, 
p.  141,  amend.  R.  S.  1S99,  sec.  ,i019.l 

Sec.  230.  Applications,  liow  made. — Any  person  desiring  a  dramshop  license 
shall  present  a  petition  to  the  excise  commissioner,  as  required  by  the  laws  of  this 
State,  and  if  the  petition  is  signed  by  the  requisite  number  of  petitioners,  and  the 
applicant  is  a  person  of  good  moral  character,  the  commissioner  shall  give  to  the 

(a)  Tills  statute  was  enacted  to  counteract,  so  far  as  might  be,  the  effect  of  the 
decision  in  Badgley  vs.  St.  Louis.  149  Mo.  122,  holding  void  the  charter  provision.  Art. 
XVI.  sec.   9. 

The  statute  was  made  the  basis  of  a  motion  to  dismiss  an  appeal  in  the  case  of 
Baker  vs.  St.  Louis.  189  Mo.  375. 

•Laws  1905,  pages  213-217.  repealing  R.  S.  1899,  sees.  8525-8536,  relating  to  "Den- 
tistry," and  enact  new  sections  in  lieu  thereof. 

••The  State  law  now  in  force  largely  if  not  entirely  supersedes  the  city  ordinances 
on  the  suljject.  See  comments  and  notations  to  ordinance  regulations  concerning  dram- 
shops in  Rev.  Code,  Chap.  31.  Art.  IV  and  notes  to  sections  2150  to  2164. 


CHAP.    S.l  STAT1-;    LAWS  SfKCI  ALl-Y    AI'PLICABI.K  TO   ST.    LOUIS.  123 

ai>i>licant  a  statement  in  writing,  that  npon  the  payment  of  tlie  license  tax  leqiiirod 
by  iaw.  a  dramshop  license  will  be  Issued  to  such  applicant.  (R.  S.  1899,  sec. 
3020— b.) 

Sec.  231.  ("ondilioii  on  which  liccn.se  niuy  !>«•  i.s.siied  or  rev<ikccl. — Upon  re- 
ceiving the  statement  nienlioned  in  the  precediiiK  section  of  this  article,  the 
applicant  for  dramshop  license  shall  pay  to  the  city  collector  the  amount  fixed  by 
law  as  necessary  to  secure  dramshop  license,  taking  therefor  diii'lifate  receipts. 
one  of  which  shall  be  filed  with  the  city  treasurer,  and  the  other  shall  be  llled 
with  the  excise  conii\iissioner,  who  shall  then  issue  dramshop  license  to  the 
a|ipli''!i>)f  f'T  ''^i*  period  provided  by  law;  and  the  commissioner  shall  have  authority 
to  revoke  any  license  by  him  granted,  if  the  dramshop-keeper  to  whom  license  has 
been  issued  shall  violate  any  of  the  provisions  of  the  hiws  of  this  state  governing 
dramshops.      (R.  S.   lS9!t.  sec.  3021— c.) 

Sec.  232.  t'oniniissioner  (o  ke«'|>  record  of  liccM-.e>  iin<l  preserve  petitions. — 
The  excise  commissioner  shall  keep  a  record  in  which  shall  be  recorded  the  names 
of  all  applicants  for  dramshop  license,  the  place  at  which  the  applicant  is  permitted 
to  conduct  the  business  of  drainshop-keeper,  the  date  of  the  issuance  of  such 
license,  and  shall  preserve  in  his  office  all  petitions  for  dramshop  license,  and 
remonstrances  against  the  granting  of  dramshop  license;  all  of  which  shall  be  a 
public  record,  and  open  to  the  inspection  of  any  citizen  who  desires  to  inspect  the 
same.     ( R.  S.  1S99,  sec.  :J022— (M 

Sec.  233.  I'ri'.sident  board  police  coniniissioiiers  to  be  notilie<l. — Whenever 
the  excise  commissioner  shall  grant  a  dramshop  license,  he  shall  notify  the  presi- 
dent of  the  board  of  police  coniniissioners,  giving  the  name  of  the  person  to  whom 
the  license  is  issued,  the  date  of  the  license,  and  the  place  at  which  the  business  of 
keeping  a  dramshop  is  authorized  to  be  conducted.      ( R.  S.   1899,  sec.  3023.) 

Sec.  234.  License  to  keep  dramshop,  refn.sed  or  revoked,  when.— No  license 
shall  be  granted  to  any  person  to  keep  a  dramshop  who  shall  carry  on  the  business 
of  dramshop-keeper  after  the  expiration  of  the  license  previously  issued  or  w'ithout 
having  received  a  license  for  such  purpose  or  whose  license  shall  have  been 
revoked  for  violating  any  of  the  provisions  of  law  governing  dramshoi)  keepers. 
No  license  shall  be  granted  to  any  person  to  keep  a  dramshop  in  any  house  or 
building  used  for  the  purpose  of  prostitution  or  as  a  house  of  assignation  or  ill- 
fume  or  gambling  house.  If  after  a  dramshop  license  is  granted  the  building  in 
which  the  dramshop  is  located  shall  be  used  for  the  above  mentioned  purposes,  or 
anv  of  them,  then  the  license  granted  shall  be  revoked  by  the  excise  commissioner. 
(Laws  1901,  p.  143,  amend.  R.  S.  Is99,  sec.  3024.) 

Sec.  235.  Duty  of  police. — It  shall  be  the  duty  of  the  police  authorities  to 
prevent  any  person  carrying  on  the  business  of  dramshop-keeper  without  having  a 
li'ense  for  that  purpose.      (  R.  S.  1899,  sec.  3025.) 

(4)  The  8th  section  of  the  act  of  1891  (R.  S.  1899,  sec.  2997)  applies  to  the  City  of 
St.  LouIm  as  to  the  manniT  of  Issuing  licenses:  separate  Heense.s  are  Issued  for  state 
and  city:  State  ex  rel  v.s.  Bell.  119  Mo.  70,  71'.  74:  State  ex  rel  v.s.  HlfTKlns.  71  Mo.  .\pp.  ISO, 
1!(3.  I,'i4.  Formerly  the  collector  performed  same  functions  as  county  courts,  and  appli- 
cation for  license  ri*<iulred  petition  signed  Ity  majority  of  tax  payers  In  the  block: 
State  ex  rel  vs.  Huilson.  13  Mo.  ApV-  SI:  see  also  as  to  the  authority  of  the  collector 
under  the  old  law:  .state  ex  rel.  vs.  Kosenblatt.  9  Mo.  App.  .tS7.  .-Vppllcatlon  for  license  to 
the  excl.sf  commls.Mloner  In  .''t.  Lfuils  Is  Koverned  by  the  statute  (R.  S.  1S99.  sec.  2997). 
•  nd  ri'qulred  to  he  supported  l>y  thi'  propiT  petition  as  there  required,  and  the  act  of  1901 
(since  repealed  and  ann'ndoil:  Ijiws  190.">.  p.  HI)  which  provided  tliat  the  petition  for 
a  license  should  be  on  Ole  in  the  office  of  the  clerk  of  the  county  court  for  not  leas 
than  ten  days,  applied  In  St.  I.,ouls  to  the  office  of  excise  commissioner,  and  where  It 
Bpp<-ars  that  such  petition  was  not  on  Hie  that  lenBtli  of  time  a  license  sranted  there- 
und'T  was  void:  the  commissioner  acquires  Jurisdiction  wlnTe  the  petition  recites  that 
the  petitioners  are  a  majority  of  the  assessetl  tax-payinK  citizens  and  suar<lians  of 
minors,  owning  property  In  the  block:  his  llndlURs  of  fact  are  conclusive:  the  facts 
»re  In  Keneral  to  appear  In  his  records  and  thi-  proper  method  of  review  Is  usually 
by  e.Ttlorarl.  not  by  equitable  bill:  Cooper  vs.  Hunt,  103  Mo.  .\pp.  9  All  Jurisdictional 
facts  must  appear  on  the  face  of  the  proceedings:  see  cases  cited  In  State  ex  rel.  vs. 
Selb.Tt.  97  Mo.  L"12.  218.  also  holding  that  the  application  for  license  need  not  be 
•worn   to. 

Tlif  excise  commissioner  has  no  authority  to  Issue  a  license  beyond  the  period 
asked  for  In  the  petition  and  If  he  iloes  the  lleense  Is  void:  the  dramshop  act  con- 
templates that  after  the  petition  has  been  on  tile  In  the  otTlce  of  the  excise  commissioner 
for  ten  days  Is  shall  t>e  presently  acted  upon  by  blm  and  that  a  license  shall  be  ^franted 
or  refused:  If  Rranted  It  sliould  he  for  six  months,  at  which  time  applicant  nuiy  have 
the  license  renewed  for  ani>ther  term  of  six  months  on  the  petition:  at  the  expiration 
of  the  second  lleense  the  life  of  the  petition  expires  and  If  the  licensee  desires  to 
continue  he  must  (to  back  to  the  tax  payers  and  get  a  new  petition  from  them:  State 
•X   rel.    vs.    .Mulvlhlll.    113    Mo.    App.    324.    32S. 

(f)  The  revocation  of  a  permit  or  license  by  the  excise  commissioner  Is  not  of  a 
JDdlrlal  nature,  and  Is  not  reviewable  by  the  courts:  Hlgglns  vs.  Taltv.  157  Mo.  280 
(revoenllon  for  keeping  disorderly  house):  State  vs.  Seebolil.  192  Mo.  720.  (discussing 
right  of  revocation  for  selling  liquor  on  Sunday.  In<lepen<lentlv  of  anv  conviction 
therefor,  and  d.'nying  tb>-  right  of  a  dramshop  ke,.p,.r  to  question  the  validity  of  the 
Matute  In  such  a  proceeding.) 

(rf)    Cooper    vs.    Hunt.    103    Mo.    App.    9.   15. 


J^24  STATE   LAWS  SPECIALLY  APPLICABLE  TO  ST.    LOUIS.  [CHAP.    9. 

Sec.  2  3  6.  Fees — Powers — Duties — Conipensation. — The  person  to  whom  a 
ditimshop  license  shall  be  issued  shall  pay  the  excise  commissioner  a  fee  of  three 
dollars  for  each  state  license  and  a  fee  of  three  dollars  for  each  city- 
license,  for  granting  and  issuing  the  same,  and  said  excise  commissioner 
shall  charge,  collect  and  receive  a  further  sum  of  three  dollars  for 
taking  acknowledgments  to  each  petition  filed,  acknowledgment  to  bond,  filing 
;>etition  and  bond,  administering  oaths,  and  all  other  acts  of  said  commissioner  of 
liife  character  necessary  to  perfecting  the  petitions  and  papers  before  the  license 
is  issued  and  the  said  excise  commissioner  shall  perform  all  these  services  and 
acts,  and  for  that  purpose  the  said  excise  commissioner  is  hereby  granted  and  given 
the  power  to  administer  oaths,  to  take  acknowledgment  to  all  papers  and  instru- 
ments filed  in  his  office  and  to  possess  the  same  powers  for  that  purpose  as  are  now 
given  by  the  statute  law  oi  the  state  of  Missouri  to  justices  of  the  peace.  All 
fees  and  charges  so  collected  shall  be  paid  over  to  the  treasurer  of  the  state  of 
Missouri  to  be  placed  to  the  credit  of  the  general  revenue  fund  of  the  state.  Said 
excise  commissioner  shall  take  a  receipt  therefor  from  the  treasurer,  the  original 
he  shall  file  with  the  state  auditor  and  the  duplicate  thereof  he  shall  file  in  his 
own  office  as  a  part  of  the  records  thereof.  The  said  excise  commissioner  shall 
make  said  payments  to  the  state  treasurer  on  the  first  Monday  of  each  and  every 
month,  and  shall  at  the  time  of  making  said  payments  to  the  treasurer,  file  with 
the  state  auditor  a  full,  complete  and  sworn  statement  of  all  of  the  fees  collected 
by  him  as  herein  directed,  during  the  preceding  month  and  since  his  last  statement 
and  also  stating  the  total  number  of  state  and  city  licenses  issued  and  granted, 
the  name  of  the  person  to  whom  issued,  date  when  issued,  date  of  expiration  and 
amount  of  ad  valorem  tax  paid  on  each.  Said  excise  commissioner  shall  receive 
the  sum  of  five  thousand  dollars  per  annum,  payable  monthly  out  of  the  state 
treasury,  as  and  for  full  compensation,  salary  and  services,  as  such  excise  commis- 
sioner, and  a  further  sum  of  four  thousand  dollars  per  annum  or  so  much  thereof 
as  is  necessary,  out  of  which  he  shall  pay  all  clerical  help  and  expenses  of  what- 
ever character  in  the  conduct  and  management  of  the  business  of  his  office,  pay- 
able monthly  out  of  the  state  treasury,  when  properly  certified  by  said  excise 
commissioner.     (Laws  1905,  p.  141,  amending  R.  S.  1S99,  sec.  3026 — e.) 


Art. 

I. 

Art. 

II 

Art. 

III. 

Art. 

IV. 

CHAPTER  NINE. 

ELECTION    AND    REGISTRATION. 

Miscellaneous   Provisions. 
Board  of  election  commissioners  created — registration  and  conduct 
of    elections. 

Primary  Elections  not  covered  by  act  of  1907. 
Primary  Elections  in  General. 

ARTICLE  I. 

MISCELL.ANEOrS   PROVISIONS.* 

Sec.  237.  Election  of  state  officers. — On  the  first  Tuesday  after  the  first 
Monday  in  November  in  the  year  ISSO,  and  every  four  years  thereafter,  there  shall 
be  an  election  held  in  each  township  in  this  state  and  in  each  ward  of  the  city  of 
St.  Louis  tor  the  election  of  governor,  lieutenant-governor,  secretary  of  state,  state 
auditor,  state  treasurer  and  attorney-general,  who  shall  hold  their  offices  for  the 
term  of  four  years  after  the  second  Monday  in  .lanuary  next  after  their  election 
and  until  their  successors  are  elected  and  qualified.      (R.  S.  1S99,  sec.  6981.) 

Sec.  2  3  8.  Election  of  other  officials,  etc. — On  the  first  Tuesday  after  the  first 
Monday  in  November,  in  the  year  1880.  and  every  two  years  thereafter,  there 
shall  be  an  election  held  in  each  township  in  this  state,  and  in  each  ward  of  the  city 
of  St.  Louis,  for  the  election  of  a  member  of  congress  from  each  congressional 
district,  of  senators  and  representatives  in  those  districts  and  judges  of  the  county 
courts  in  those  counties  where  the  term  of  those  elected  has  expired,  and  for 
sheriffs  and  coroners,  and  such  other  officers  as  may  be  required  by  law  to  be 
elected  at  such  elections.      (  R.  S.   1S99,  sec.   6982.) 

Sec.  239.  Elections  in  St.  Ijouis  conducted,  how. — All  elections  in  the  city 
of  St.  Louis  shall  be  conducted  in  all  respects  as  provided  by  the  laws  now  in  force 
regulating  elections  in  said  city.      (R.  S.  1899,  sec.  7005.) 

Sec.  2  4  0.  Certnin  contests  in  St.  Ijouis. — All  contested  elections  for  judge  of 
the  criminal  or  probate  court  of  St.  Louis  city  shall  be  heard  and  determined  by 
the  circuit  court  of  that  city.      (U.  S.   1899,  sec.   7067.) 

ie   )   See  State  ex  rel.  vs.  Bell  supra. 

*As   to    electinn.s   of   justices   of    the    peace   and    constables,    see   Chapter   V,    Art.   VI. 
sees.    173   and   202   note. 


AUT.    1-3.1  STATI-:   LAWS  SPRCIAI.I.Y   A  ri'LICAHLI':  TO  ST.   I.Ol'IS.  IJj 

Sec.  241.  I'l-oftTiliiiK-s,  liou  loiulmtcd. — All  proceedings  tor  contesting  elec- 
tlons,  as  provided  for  in  the  preceding  section  shall  be  conducted  in  all  respects 
as  provided  for  contesting  elections  of  judges  of  circuit  judges.  (It.  S.  1S"J9. 
:iec.  70CS.) 

Sec.  242.  ('in  nil  ;iltoiiii\v  or  iis>isian(  rii<uil  aKoriii'.v,  ci>nli>l-.,  iiliere 
heard. — If  any  election  of  any  circuit  attorney  or  assistant  circuit  attorney  be 
contested,  such  contest  shall  be  heard  and  determined  by  the  circuit  court  of  the 
county  or  city  wherein  either  contestant  or  contestee  resides.  ( R.  S.  189i),  sec. 
7069.) 

Sec.  243.  I'rweedinKS  in  such  cii.>ies. — .-VU  proceedings  for  contesting  elec- 
tions of  circuit  attorney,  or  assistant  circuit  attorney,  shall  be  conducted  in  all 
respects  as  provided  for  contesting  elections  of  judges  of  circuit  courts.  (R.  S. 
1899.  sec.  7070 — /. ) 

Sec.  24  4.  Provisions  to  apply  to  St.  Louis  city,  except. — Except  as  otherwise 
provided  by  law,  the  provisions  of  this  chapter  shall  be  apijlicable  to  the  city  of 
St.  1a>uIs  the  same  as  to  counties,  and  the  duties  Imposed  on  officers  In  counties 
shall  likewise  be  Imposed  on  the  corresponding  officers  of  said  city.  (R.  S.  1899, 
sec.  7u7i>— j;.) 

ARTICLE  II. 

BOARI>    OF     ELKCTION    COMMISSIONERS    CREATED— REGISTR.\TION     AND     CON- 
DUCT   OF    ELECTIONS.' 

HEOISTRATIOXS    ASD    ELECTIOyS    JX    CITY     OF     ST.    LOUIS— LAWS     1903. 

PAOES  no-wj. 

(R.'pinls    .\rt.    \1II.    Chap.    102.    Ft.    S.    1899.   and    amendatory    acts.) 

Sec.  24  5.  |{<-Kistration  of  voters. — In  all  cities  of  this  state  now  having 
or  which  hereafter  may  have  three  hundred  thousand  inhabitants  or  more,  there 
shall  lie  a  registration  of  all  the  qualified  voters,  and  said  registration  and  ths 
mode  of  conducting  the  elections  held  in  such  cities  shall  be  governed  and  con- 
trolled as  i)rovidcd  herein,  and  be  subject  to  all  the  provisions  of  the  other  election 
laws  of  this  state,  so  far  as  the  same  are  not  inconsistent  or  in  conllict  herewith. 
(Laws  igO.'J,  p.  171,  sec.  1.) 

Sec.  24 G.  Hoard  of  election  commissioners  ci-eated — liow  and  by  whom 
npp<iiiil>-<l  vaciiiicies.  how  tilled — duties  of  governor — qualifications  and  duties 
of  coiiiiniv^ioners. — There  is  hereby  created  a  board  of  election  commissioners  for 
each  city  governed  by  the  provisions  of  this  article,  composed  of  three  members, 
who  shall  b^  appointed  as  follows:  Within  thirty  days  after  this  article  becomes 
a  law,  the  governor,  by  and  with  the  advice  and  consent  of  the  senate,  shall  appoint 
for  each  of  such  cities  three  members,  who  shall  hold  their  office  until  .lanuary 
loth,  1905,  and  until  their  successors  are  commissioned  and  qualified.  Successors 
shall  be  appointed  In  like  manner,  and  their  term  of  office  shall  be  four  years,  and 
until  their  successors  are  commissioned  and  qualified.  One  of  said  commissioners 
shall  be  a  member  of  and  belong  to  the  leading  party  politically  opposed  to  that 
to  which  the  governor  belongs.  In  making  the  ajipointment  of  commissioners, 
the  governor  shall  designate  the  commissioner  who  shall  be  chairman  of  the  board 
of  election  commissioners  of  such  city.  In  case  of  vacancy  for  any  cause  in  said 
board,  the  same  shall  be  filled  by  the  governor  for  the  unexpired  term  until  the 
assembling  of  the  next  legislature,  when  the  name  of  said  commissioner  shall 
be  submitted  to  the  senate  by  the  governor  for  confirmation,  as  those  of  the  other 
ronimissioners  when  appointed.  Such  commissioners  shall  be  legal  voters,  resl- 
.i..„t.  ..f  (hp  state  for  at  least  five  years,  and  of  such  city  for  a  like  term  and  be 
ved  integrity  and  capacity;  they  shall  hold  no  other  office,  and  shall  be 
•  •  to  any  elective  or  appointive  office  during  their  term  of  office,  and  shall, 
before  entering  upon  the  duties  of  their  said  office,  take  and  subscribe  an  oath  to 


< /)   state  ex  rcl.   vs.  Spencer.   I6t   Mo.   I.  c.    : 

ig}  State  ex  rol.   vs.  Dillon.  7.S  Mo.  1.  c.  4'Ju    i  „    : i     ,'i563 

I   K.   S.    1879). 

1  'S....   state  rx  rol.   vs.    Mason,    too   Mo.    4S6,    holdInK  the   law  of   1899   as   valid.    The 

'  '   " >w  Is  that  of  1903   (Sess.  Acts  1903.  p.   170  et  seq.)   which  In  terms  repealed  the 

.%cta  of   U.    .s.    1S99.    Art.    VIII.   Chap.    102    (sees.    7222   to   7269).      In    how    fur   the 

"t    the    l>i)aril    are.    or   are    not.      state   or   eltv    officers      see:    State    ex    rel.    vs. 

.\pp.    IGO;   State   ex    rel.    v.q.    FIlKKln.i.    HI    Mo.    tlO.      The    hoard   or   elertlon 

Is     an     administrative     body,     with     sp'Tllle     powers    ann     diitli'S.     whli-h 

(r.-nch    upon    the    Jiidlrlnl    pn«-.r    vested    In    the    courts:    prohibition    will 

Mi:    nor  will    i).  f.re   by    prolill>ltlon   or   Injiimtlon    where 

■■■  cannot    be   ii  u^   plnlntllT   because   the   el..ctlon   or   prl- 

I    before    the    m  ved    can    be    nnullv    piisseil    upon    bv    the 

,  t-'".^'-  .""■'-'     "ill     not    sit    to    det-jnuliit.-    abstract    or    speculative    (lucstions    of"  law: 

Kalbfcll    vs.    Wood.    193    Mo.    676. 


126  STATE   LAWS  SPECIALLY  APPLICABLE   TO   ST.    LOUIS.  [CHAP.   9. 

support  the  constitution  of  the  United  States  and  of  this  state,  and  to  demean  them- 
selves faithfully  and  impartially  in  office,  and  each  to  give  bond  to  the  state  in 
the  sum  of  ten  thousand  dollars  with  security  to  be  approved  by  the  governor, 
conditioned  for  the  faithful  and  honest  performance  of  the  duties  of  his  said 
office,  and  the  care  and  preservation  of  the  property  thereof.  Said  oath  of  office 
and  bond  to  be  filed  in  the  office  of  the  secretary  of  state.  Said  election  commis- 
sioners shall  make  all  necessary  rules  and  regulations,  not  inconsistent  with  this 
article,  with  reference  to  the  registration  of  voters  and  conduct  of  elections;  and 
shall  have  charge  of  and  make  provisions  for  all  elections,  general,  special,  local, 
municipal,  state  and  county  and  of  all  others  of  every  description  to  be  held  in 
such  city  or  in  any  part  thereof  at  any  time.     (lb.,  sec.  2.) 

Sec.  2  4  7.  IJoard  shall  print  rules  and  res'ulations — records  open  to  inspec- 
tion— shall  print  and  fnrnish  on  demand  all  official  data — hoard  shall  make  report 
after  each  election — registry  hook  for  precincts. — Said  board  of  election  commis- 
sioners shall  print  all  necessary  rules  and  regulations  not  inconsistent  with  this 
article,  having  reference  to  the  registration  of  voters  and  the  conduct  of  elec- 
tions, and  shall  prescribe  (except  where  the  form  of  any  affidavit  is  prescribed 
in  this  article)  and  furnish  the  forms  of  all  affidavits  required  under  this  article. 
All  books,  papers  and  records  in  their  office  shall  be  subject  to  the  inspection  of 
any  qualified  voter  of  the  city  at  all  reasonable  times.  Said  board  shall  cause  to 
be  kept  in  their  office  the  following  printed  official  data,  and  furnish  the  same  to 
any  qualified  voter  on  demand  at  the  office  of  the  board  of  election  commissioners: 
1st.  Printed  pamphlets  or  lists  showing  in  numerical  order  ward  boundaries, 
and  in  each  ward  in  numerical  order  precinct  boundaries,  including  statement  of 
location  of  places  of  registration  and  election  polling  places  of  each  of  such  pre- 
cincts, so  arranged  that  the  information  pertaining  to  any  precinct  may  be 
detached. 

2nd.  Printed  lists  showing  wards  and  precincts  in  numerical  order,  and 
the  names  and  residences  of  the  judges  and  clerks  of  registration  and  election  of 
each   precinct,   and   the  political   party   to   which   each   belongs. 

3rd.  Separate  printed  lists,  by  precincts,  showing  names  of  qualified  voters, 
alphabetically  arranged,  as  they  appear  on  the  registry  books;  giving  name, 
number  of  line  in  registry  books  and  residence  of  such  voter,  at  the  time  such 
registry  books  are  delivered  to  the  election  commissioners  by  the  precinct 
registrars  at  the  close  of  registration. 

4th.  Similar  separate  printed  supplementary  lists,  by  precincts,  of  names 
added  as  qualified  voters  to  the  registry  books  by  precinct  registrars. 

5th.  Also  similar  supplementary  lists,  by  precincts,  of  names  erased  from 
the  registry  books  by  precinct  registrars. 

Gth.  Also  similar  printed  supplemental  lists,  by  precincts,  of  vcpters  added, 
restored  or  erased  by  the  board  of  election  commissioners. 

7th.  Also  similar  printed  supplemental  lists,  by  precincts,  of  voters  added 
or  restored  by  the  court. 

Sth.  Also  similar  [printed]  supplemental  lists,  by  precincts,  of  voters  added 
by  the  election  commissioners  or  the  courts,  and  w'hose  names  do  not  appear  on 
the  regular  registration  lists. 

9th.  Also  similar  printed  supplemental  lists,  by  precincts,  of  voters  shown 
by  the  registry  books,  to  be  qualified,  but  who  did  not  vote  on  election  day.  The 
board  shall  require  registration  officers  to  make  report  just  before  their  final 
adjournment,  on  forms  to  be  prescribed  and  furnished  by  the  board,  of  the  general 
conduct  of  the  public,  the  peace  officers,  the  registration  officers  and  applicants 
for  registration  during  the  days  of  registration.  Any  judge  or  clerk  of  registration 
s'.iall,  at  the  same  time  or  within  five  days  thereafter,  make  separate  report  of 
anything  which  he  may  think  either  the  said  board  or  a  majority  thereof  should 
be  advised.  Similar  rei)orts,  on  forms  to  be  prescribed  and  furnished  by  the 
i).')ard,  shall  be  made  by  the  judges  and  clerks  of  election  before  their  adjournment 
on  election  day;  and  within  five  days  thereafter  any  judge  or  clerk  may  make  a 
like  seiiarate  report  to  the  said  board.  Such  rei)orts  shall  be  carefully  preserved 
by  the  said  board  of  election  commissioners,  and  shall  be  subject  to  public  inspec- 
tion. Within  ninety  days  after  each  election  the  board  shall  make  a  comprehensive 
report,  and  any  member  thereof  may  make  a  separate  report,  to  the  governor  of 
the  state  of  everything  of  public  interest  relating  to  the  preceding  registration 
and  election,  and  the  workings  and  administration  of  the  election  laws;  and  a  copy 
of  such  reports  shall  be  at  once  delivered  to  the  mayor  of  the  city,  who.  after 
reviewing  them,  may  make  such  written  suggestions  and  recommendations  to 
the  governor  concerning  the  report  and  the  registration  and  election,  and  the 
operation  and  administration  of  the  election  laws,  as  he  may  be  advised.  Such 
rei)ort  of  the  board,  and  suggestions  and  recommendations  of  the  mayor,  shall  be 
suiiject  to  ))ublic  inspection,  and  shall  be  printed  by  the  board  for  the  informa- 
tion ot  the  voters  of  the  city.     Two  registry  books  for  each   precinct  in  the  city 


Al;T.    :.]  STATH    LAWS    SI'Kfl'ALI.Y    A  ri'UU'ABl.L';    TO    ST.    LOUIS.  127 

shall  Ije  provided  by  the  board  of  election  coniniissioiiers  for  the  purpose  of  rciiis- 
trutioii  In  siiih  precinct,  prepared  substantially  in  the  form  as  provided  in  this 
article.  In  one  of  the  reRlstry  books  the  a|)plicant  for  registration  shall  sign  his 
name  or  make  his  mark  If  unable  to  write,  and  have  the  same  witnessed,  in  the 
column  for  that  purpose,  and  this  resislry  shall  be  known  as  the  oiginal  registry 
book.  The  other  registry  book  shall  be  an  exact  copy  of  the  original  and  shall 
be  known  as  the  duplicate  of  the  original  registry  book.  Such  registry  books  shall 
be  kept  in  the  office  of  the  board  of  election  commissioners,  except  on  such  days 
as  they  are  in  the  custody  of  the  precinct  registration  officers,  as  provided  in  this 
article.  During  the  days  of  registration  such  registry  books  shall  be  in  the  custody 
of  the  judges  and  clerks  of  registration,  and  the  public  registry  book  shall  be  sub- 
ject to  the  Inspection  of  any  resident  of  the  precinct.  At  the  close  of  each  days 
registration  the  said  duplicate  registry  book  shall  be  coni|)ared  by  the  judges  and 
clerks  of  registration,  and  made  to  conform  to  the  original  registry  book,  (lb., 
sec,  3.) 

Sec.  248,  Secretary  of  r(iniiiii->i<>n<Ts  p(nvci>  and  duties. — Such  election 
commissioners  shall  appoint  a  secretary  of  the  board  who  shall  hold  his  office 
during  the  pleasure  of  said  commissioners,  and  he  shall  give  a  bond  to  the  stata 
In  the  sum  of  five  thousand  dollars,  with  security  to  be  approved  by  (he  com- 
missioners, conditioned  for  the  faithful  and  honest  performance  of  the  duties  of 
his  said  office,  and  shall  exercise  a  general  supervisory  control  and  direction  over 
the  office,  and  clerical  force  a|)pointed  by  said  commissioners,  subject  to  such 
rules  and  regulations  as  the  board  may  from  time  to  time  provide,  and  such 
clerical  force,  as  far  as  possible,  shall  be  divided  between  the  two  political  parties 
and  appointed  and  approved  as  hereinafter  provided  in  the  case  of  judges  and 
clerks  of  election;  both  as  regards  the  duties  to  be  i)erformed  by  such  clerks,  and 
as  to  the  number.  Such  commissioners  shall  have  the  right  and  may  employ 
additional  clerical  force  and  other  assistants  from  time  to  time  as  may  be  neces- 
sary to  promptly  and  carefully  perform  the  duties  of  the  office,  to  be  ap|)oinled, 
divided  and  approved  in  like  manner.  Said  secretary  and  employes  shall  be  sub- 
ject to  the  same  restrictions  and  take  and  subscribe  like  oaths  as  said  commis- 
sioners, and  file  the  same  in  the  office  of  the  city  register,  and  a  coi)y  of  the 
same  in  the  office  of  the  commissioners  of  election.  Commissioners,  secretary 
and  judges  of  elections  and  registration,  and  clerks  employed  in  the  office  of  said 
conindssioners,  are  hereby  authorized  and.  upon  application  to  them  by  the  affiant. 
directed  to  administer  all  oaths  and  affirmations  pertaining  to  the  administration 
of  the  duties  of  their  several  offices  and  in  the  affairs  and  business  thereof  and 
certify  to  such  oaths,  when  the  same  are  signed,  free  of  charge.  (Laws  1903. 
p.   173.  sec.  4.) 

Sec.  249.  Office  of  ('iiiiiniissloncis  shall  provMlc  l);dliii-Iui\cs,  etc.— duties. 
— The  office  of  such  boanl  of  election  commissioners  shall  be  in  the  city  hall 
of  such  city,  and  shall  be  kept  open  for  the  transaction  of  the  duties  and  business 
of  said  office  during  business  hours.  Said  election  commissioners  shall  purchase 
and  provide  all  necessary  ballot-boxes,  and  all  books  of  registration,  poll-books, 
tally-sheets,  ballots,  blanks  and  stationery  of  every  descrijition  with  printed  head- 
ings and  certificates  and  other  necessary  and  proper  equipment  for  the  registra- 
tion of  voters  and  the  conduct  of  such  elections,  and  for  every  incidental  i)urpos«i 
connected  therewith:  and  shall  select  and  appoint  the  places  of  registration  and 
also  the  polling  place  in  each  precinct,  and  cause  the  same  to  be  fitted  up.  warmed, 
IlKhted  and  cleaned,  and  such  place  or  places  shall  be  located  in  the  most  i)ublic, 
orderly  and  convenient  portion  thereof.  And  no  room  shall  be  designated  or 
used  in  which  spirituous  or  intoxicating  liquors  are  sold.      (lb,,  sec.  5.) 

Sec.  2.=i0.  City  to  be  divided  into  election  districts. — It  is  hereby  made  the 
duty  of  -Much  board  of  election  commissioners  for  such  cities  within  ninety  days 
after  taking  effect  of  this  section,  to  divide  such  cities  into  election  precincts, 
regarding  ward  lines  and  composed  of  compact  and  contig\ious  territory,  which 
shall  contain  as  nearly  as  practicable  three  hundred  actual  voters:  and  in  making 
such  division  and  establishing  such  precincts,  such  commissioners  shall  take  as 
a  basl.s  the  poll-books  of  the  number  of  votes  cast  at  the  last  preceding  presidential 
election.  At  least  six  months  before  each  subsequent  presidential  election  the 
election  commissioners  shall  revise  and  rearrange  the  precincts  and  Increase  or 
decrea.se  their  number  on  the  basis  of  the  votes  cast  at  the  previous  presidential 
election  for  president,  making  such  precincts  to  contain,  as  near  as  practicable. 
three  hundred  voters,  measured  by  the  vote  of  such  election.  The  precincts  In 
ewh  ward  shall   be  numbered  consecutively.      (lb.,  sec.   6.) 

Sec.  251.  Jud);es  niid  clerks  to  b«>  selected — <]iialiflciUions. — Such  board  of 
election  commissioners  shall,  ninety  days  prior  to  the  first  city  or  state  election 
after  this  act  becomes  a  law.  and  each  two  years  thereafter  select  and  choose  four 
qualified  voters  as  Judges  of  election  for  each  precinct  in  such  city;  they  must  be 
citizens  of  the   I'nited   States;    must   be  men   of  good   repute  and   character;    able 


128  STATE   LAWS  SPECIALLY  APPLICASLE  TO  ST.    LOUIS.  [CHAP.    9. 

to  read  and  write  the  English  language,  be  of  good  understanding  and  capable; 
they  must  have  resided  in  the  precinct  for  which  they  are  selected  to  act  not 
less  than  thirty  days  before  their  appointment,  and  be  entitled  to  vote  therein 
at  the  next  election,  and  not  hold  any  office  or  employment  under  the  United 
States,  the  state  of  Missouri,  or  the  city  in  which  such  election  is  held,  and  not  be 
candidates  for  any  office  at  the  next  ensuing  election;  two  clerks  of  election  for 
each  precinct  shall  also  be  selected  within  the  same  time,  and  their  successors 
each  two  years  thereafter,  by  such  commissioners,  who  shall  possess  the  same 
qualifications  as  the  judges  aforesaid.  Before  entering  upon  the  duties  of  their 
offices,  each  judge  and  clerk  so  appointed  shall  take  and  subscribe  to  a  like  oath 
as  that  taken  and  subscribed  by  the  election  commissioners  and  file  the  same  in 
the  office  of  the  election  commissioners.  Said  judges  and  clerks  shall  be  appointed 
for  a  term  ending  ninety  days  prior  to  the  next  state  election  after  the  election 
at  which  they  were  appointed  to  serve,  and  shall  during  said  term  serve  as  judges 
and  clerks  at  all  special,  local  or  municipal  elections  in  such  cities;  where  a 
vacancy  in  the  office  of  judge  or  clerk  shall  occur  from  any  cause,  said  commis- 
sioners shall  make  an  appointment  as  lierein  provided  to  fill  such  vacancy.  Two 
of  said  judges  and  one  of  said  clerks  of  election  shall  belong  to  and  be  members 
of  the  political  party  which  at  the  last  general  state  election  for  state  officers 
polled  the  highest  number  of  votes  for  governor,  and  two  of  said  judges  and  one  of 
said  clerks  of  election  shall  belong  to  and  be  members  of  the  political  party  which 
at  said  last  state  election  polled  the  next  highest  number  of  votes  for  governor; 
and  the  names  of  two  of  said  judges  and  one  of  said  clerks  shall  be  designated  by 
the  election  commissioner,  or  commissioners,  belonging  to  and  a  member  or  mem- 
bers of  the  same  ijolitical  party  as  such  judges  and  clerks,  subject  to  ratification 
by  the  board  of  election  commissioners;  but  said  board  of  election  commissioners 
shall  accord  to  each  of  the  aforesaid  political  parties  equal  representation  in  the 
appointment  of  judges  and  clerks.  If  any  person  holding  the  position  of  judge 
or  clerk  of  election  is  found  not  to  possess  all  qualifications  prescribed  in  this 
section,  or  if  any  such  judge  or  clerk  shall  be  guilty  of  neglecting  the  duties  of 
the  place,  or  be  guilty  of  any  official  misconduct,  then  such  person  shall  be 
removed  from  office  by  the  commissioners,  and  any  such  vacancy  shall  be  im- 
mediately filled  by  the  appointment  of  a  person  having  the  same  qualifications 
as  the  person  whose  place  he  fills,  as  hereby  required,  who  shall  be  selected  and 
appointed  as  this  section  provides.     (Laws  190:3.  sec.  7^/!.) 

Sec.  252.  Xanit'S  of  judges  and  clerks  to  be  jmblished — qualification.s  of  any 
judge  oi'  clerk  may  be  objected  to — boai'd  to  liear  objections. — At  the  time  of  such 
appointment  of  judges  and  clerks,  the  board  of  election  commissioners  shall  pub- 
lish for  one  day  in  two  newspapers  published  in  such  city,  of  opposite  politics,  in 
the  English  language,  each  having  a  daily  paid  circulation  of  not  less  than  twenty 
thousand  copies,  a  notice,  stating  that  the  persons  mentioned  below  have  been 
appointed  to  act  as  judges  and  clerks  in  the  various  precincts  enumerated,  at  all 
elections  to  be  held  for  two  years  following  such  notice,  and  should  have  the 
qualifications  by  law  required  herein  for  judges  and  clerks,  setting  forth  the  same, 
and  to  which  party  they  are  respectively  supposed  to  belong,  and  requesting  all 
persons  to  Inform  the  election  commissioners  as  to  any  want  of  qualification  on 
the  part  of  any  judge  or  clerk  mentioned;  that  on  a  day  named  in  said  notice, 
which  shall  be  not  more  than  five  days  after  the  day  of  publication,  the  board  of 
election  commissioners  will  sit  at  its  office  for  the  purpose  of  examining  into  any 
objections  made  as  to  the  qualifications  of  any  judge  or  clerk;  said  notice  shall 
further  state  the  hours  of  said  session,  which  shall  be  from  nine  to  twelve  a.  m. 
and  from  two  to  ten  o'clock  p.  m.,  and  shall  further  state  that  if  all  objections 
to  the  qualifications  of  judges  and  clerks  are  not  disposed  of  on  said  day,  it  will 
sit  from  day  to  day  between  the  same  hours,  until  the  same  are  all  determined; 
and  further,  that  any  person  found  disqualified  upon  such  information  will  be 
removed  and  a  duly  qualified  person  appointed  in  his  stead.  On  the  day  and  at 
an  hour  named  for  the  beginning  of  such  session,  the  election  connnissioners 
shall  meet  at  their  office  and  consider  the  objections  made  to  the  appointment  of 
each  judge  and  clerk,  beginning  with  the  lowest  numbered  precinct  of  the  first 
ward  and  continuing  in  regular  number  to  the  highest  precinct  of  the  ward  of  the 
highest  number;  the  commissioners  may  examine  any  person  appearing  before 
them  under  oath;  they  shall  decide  each  case  as  soon  as  the  evidence  therein  is 
before  them,  and  announce  their  decision,  announcing  also  the  dissent  of  any 
commissioner  if  the  decision  of  the  board  is  not  unanimous;  a  minute  shall  be 
made  of  such  decision,  setting  forth  all  objections  made  against  any  judge  or 
clerk,  and  the  finding  of  the  majority  thereon,  and  of  the  dissenting  number,  if 

W)  Under  this  section  the  board  is  not  vested  with  the  power  to  remove  judges 
and  clerks  duly  appointed,  without  an  assignment  of  charges  against  them  author- 
iziaer  removal  and  a  reasonable  opportunity  to  be  heard;  such  Judges  and  clerks  of 
election  are  public  officers:     State  ex  rel.  vs.  Maroney.  191  Mo.  531 


AUT.   2.1  STATK    I,A\VS    SPKilAl.l.V    APIM.ICABM':    TO    ST.    I.OllS.  129 

there  be  any  dissent;  if  all  objections  to  judges  and  clerks  are  not  concluded  on 
said  day.  the  coninilssioners  shall  sit  from  day  to  day,  between  the  same  hours. 
and  at  the  same  place  until  all  such  objections  are  disposed  of;  all  judges  and 
clerks  found  to  be  disqualilled  upon  such  heariuK  shall  be  immediately  removed 
and  persons  having  the  necessary  qualifications  appointed  in  their  iilaces,  divided 
between  the  two  political  parties  as  provided  for  herein.  Within  twenty  days 
after  the  last  of  said  sessions  the  election  commissioners  shall  cause  all  the 
Judges  and  clerks  appointed,  who  have  not  been  removed  or  excused  from  service 
for  good  cause,  as  provided  herein,  to  be  qualified  so  far  as  it  Is  possible  for  them 
to  do  so,  and  any  vacancies  then  existing  shall  be  filled  by  said  commissioners  in 
the  same  manner  as  heretofore  provided  for  the  appointment  of  judges  and  clerks; 
such  notice  shall  also  set  forth  the  wards  in  numerical  order,  and  under  each  ward 
Its  precincts  in  like  order,  and  under  each  precinct  the  street  and  number  of  ttic 
place  of  registration  for  such  precinct.  Said  notice  shall  contain  under  each 
place  of  registration  the  word  ■judges,"  and  under  it  the  names  of  the  judges 
appointed  to  serve  in  that  precinct,  with  their  respective  places  of  residence;  next, 
the  word  ■clerks,"  followed  by  the  names  and  places  of  residence  of  the  various 
clerks  appointed  to  serve  in  that  precinct.     (Laws  1903,  p.  175,  sec.  8.) 

Sec.  253.  Notice  of  registriitioii  days,  etc. —  It  shall  be  the  duty  of  such 
election  commissioners  to  give  notice  by  publication  on  Friday  and  Saturday 
preceding  the  first  day  of  registration  provided  for  herein,  in  two  daily  newspapers 
of  such  city,  of  opposite  politics,  in  the  English  language,  and  having  a  daily  paid 
circulation  of  not  less  than  twenty  thousand  copies  of  the  time  and  place  of  registra- 
tion In  each  precinct  of  the  city.      (lb.,  p.  176,  sec.  9.) 

Sec.  251,  Uegislration  days — registration  books. — The  judges  of  election 
aforesaid  shall  constitute  the  board  of  registry  in  the  precinct  for  which  they  are 
ap|)ointed.  There  shall  be  four  days  for  registration,  as  follows:  Monday,  Tues- 
day, Wednesday  and  Thursday  of  the  seventh  week  prior  to  election,  and  upon 
which  days  the  judges  and  clerks  shall  meet  in  their  respective  precincts.  A  new 
general  registration  shall  be  made  in  every  year  in  which  a  presidential  election 
occurs,  and  just  prior  thereto.  Two  registry  books  shall  be  provided  and  furnished 
to  each  board  of  registration  by  the  said  election  commissioners  for  the  purpose 
of  said  registration;  the  headings  to  the  book  shall  be  so  prepared  that  the 
registry  shall  be  made  alphabetically  according  to  the  surname  of  each  person 
applying,  but  It  shall  be  arranged  so  that  the  residence  of  such  person  shall  appear 
Id  the  first  column.  The  register  shall  be  ruled,  and  one  name  shall  be  written 
on  each  line,  but  no  name  shall  be  written  between  the  lines.  Under  the  column 
'"residence."  the  name  and  number  of  the  street,  avenue,  or  other  location  of  the 
dwelling.  If  there  be  a  definite  number,  and  If  there  shall  not  be  a  number,  such 
clear  and  definite  description  of  the  place  of  such  dwelling  as  shall  enabel  it  to 
be  readily  ascertained.  If  there  shall  be  more  than  one  house  at  the  number 
given  by  the  ajiplicant  as  his  place  of  residence,  state  in  which  house  he  resides. 
and  If  there  be  more  than  one  family  residing  in  said  house  either  the  floor  on 
which  he  resides,  or  the  number  or  location  of  the  room  or  rooms  occupied  by 
him.  whether  front  or  rear — every  floor  below  the  level  of  the  street  or  ground 
t)elng  designated  as  the  basement,  the  first  floor  above  such  level  being  designated 
as  the  first  floor,  and  each  floor  above  that  as  the  second  or  such  other  floor  as 
it  may  t)e.  Under  the  column  '■name."  the  name  of  the  applicant,  writing  the  sur- 
name first,  and  given  or  Christian  name  after  in  full.  Under  the  column  '■nativity, ■' 
the  state,  county,  kingdom,  empire  or  dominion,  as  the  fact  stated  by  the  applicant 
shall  be.  Under  the  column  "color,"  the  word  "white"  or  "colored,"  as  the  fact 
1?  Under  the  column  '■age,^'  the  age  of  said  applicant,  and  under  the  columa 
• '  upatlon.  the  occupation  of  said  ap|>Ilcant.  Under  the  subdivision  of  the 
•  •ral  column  "'term  of  residence."  the  periods,  by  days,  months,  or  years,  stated 
'ly  the  applicant  In  precinct,  city  and  state.  Under  the  column  "native."  the  word 
"yes;"   under   the   column    "naturalized. ■■   the    word    ■■yes."   according   to   the   fact 

'Tfed.     If  the  applicant  be  of  foreign  birth,  and  has  not  been  naturalized,  but  has 

!e   a    declaration    of    Intention    to    become    a    citizen,    then    under    the    column 

1-claratlon  of  Intention. ■'  the  word  "yes."     Under  the  column  "qualified  voter." 

I  the  word  "yes"  or  "no"  as  the  fact  shall  appear  or  be  determined   by  the  board 

"f  registry.  It  being,  however,  required  of  them   to  designate  as  a  qualified   voter 

•    male   person    who.   If   otherwise   qualified,   shall    not    at    the   time   of   making 

;.licatlon.  be  of  age.  provided  the  time  when  such  applicant  shall  be  of  the  age 

|.if  twenty-one  shall   be  subsequent   to  the  date  of   his  application,   and   not   later 

Ithan    the   day   of   election    Immediately    following    such    time   of    applying,    or.    If 

foreign    born,    whose    declaration    of    intention    to    become    naturalized    will    have 

been  made  one  year  and  not  more  than  five  years  before  such  election.     Under  the 

•olunin  "date  of  application,"  the  month,  day  and  year  when  the  ap|>llcant  pre- 
sented himself  and  was  adjudged  a  qualified  voter  in  the  election  precinct.     Under 

he  column    ■signature."    In    one   of    the    r"Klst»'r-i     'li'>    ^ijiplicant   shall    write   bis 


130  STATE  LAWS  SPECIALLY  APPLICABLE   TO   ST.    LOUIS.  [CHAP.   9. 

name.  If  he  is  unable  to  write  he  shall  make  his  mark  after  his  name  is  written 
for  him.  And  his  signature  shall  be  witnessed  by  one  of  the  judges.  (lb.,  p.  176, 
sec.   10.) 

Sec.  255.  Precinct  board  of  registry — duties. — In  the  registration  of  voters, 
said  board  of  registry  shall  proceed  as  follows:  They  shall  open  the  registration 
office  at  eight  a.  m..  and  continue  in  session  until  nine  p.  m.  on  each  of  said  days. 
One  of  the  judges  shall  administer  to  all  persons  who  shall  personally  apply  to  i-egister 
the  following  oath,  or  affirmation:  You  do  solemnly  swear  (or  affirm)  that  you  will 
fully  and  truly  answer  all  such  questions  as  shall  be  put  to  you  touching  your  place 
of  residence,  name,  place  of  birth,  age.  occupation,  your  qualifications  as  an  elector, 
and  your  right  as  such  to  register  and  vote  under  the  laws  of  this  state,  so  help 
you  God.  Each  of  said  clerks  of  election  and  one  of  said  judges  of  election  shall 
have  charge  of  the  registry  books  and  shall  make  the  entries  therein  required  by  this 
article,  and  one  of  the  judges  shall  ask  the  questions  as  to  qualifications,  and  after 
he  is  through  any  of  the  judges  may  ask  questions,  one  of  the  judges  of  election  may, 
when  necessary,  relieve  one  of  the  clerks  from  time  to  time,  as  necessity  may  seem 
to  demand,  in  making  entries  in  said  book.  The  name  of  every  applicant  shall  be 
entered  in  such  registry  books,  and  all  the  facts  shall  be  therein  stated,  as  herein 
provided,  whether  he  is  entitled  to  vote  or  not.  If  it  shall  be  determined  by  the  board 
of  registry  that  he  is  not  a  qualified  voter  in  such  precinct,  then  an  entry  shall  be 
made  in  the  appropriate  column  "no,"  and  if  qualified  an  entry  shall  be  made  in 
the  same  column  "yes."  Unless  a  majority  of  the  judges  shall  determine  the  applicant 
is  a  qualified  voter  he  shall  be  entered  as  not  qualified,  subject  to  the  applicant's  right 
of.  appeal  as  herein  provided.  Only  such  male  persons,  of  the  age  of  twenty-one 
years,  residing  in  such  precinct,  as  apply  personally  for  registration,  or  who  qualify 
by  affidavit,  as  provided  in  this  article,  shall  be  entered  in  such  register;  but  every 
applicant  who  would  be  twenty-one  years  of  age  on  the  day  of  the  next  election,  or  if 
foreign-born,  whose  declaration  of  intention  to  become  naturalized  will  have  been 
made  one  year  and  not  more  than  five  years  before  such  election,  if  otherwise 
qualified,  shall  be  entered  on  such  register.  Every  applicant  who  has  commenced 
to  reside  in  such  precinct  at  least  forty-seven  days  befoi'e  such  election  shall  be 
entered  in  such  registry,  and  shall  be  marked  "qualified"  or  "disqualified,"  as  the 
case  may  be:  but  unless  on  the  day  of  election  he  resides  in  such  election  precinct, 
he  cannot  vote  therein,  although  otherwise  qualified.  At  the  end  of  the  day's 
registration  each  of  said  judges  shall  sign  his  name  at  the  end  of  the  list  on  each 
page  of  the  registration  book.  Any  vacancy  upon  such  board  of  registration  on  any 
day  of  registration  by  reason  of  absence,  disqualification,  refusal  to  act  or  otherwise, 
of  any  judge  or  clerk  of  election,  shall  be  filled  by  the  judge  or  judges  present  and 
the  same  oath  shall  be  administered  by  one  of  the  judges  present  to  such  judge  or 
clerk  as  provided  for  regular  judges  and  clerks.  The  judge  or  clerk  so  appointed 
shall  be  of  the  same  politics  as  the  judge  or  clenc  he  succeeds.'  (Laws  1903,  p.  177, 
sec.   11.) 

Sec.  25  6.  Qualifications  of  voters. — Every  male  citizen  of  the  United  States, 
and  every  male  person  of  foreign  birth  who  may  have  declared  his  intention  to 
become  a  citizen  of  the  United  States  according  to  law,  not  less  than  one  nor  more 
than  five  years  before  he  offers  to  vote,  who  is  over  the  age  of  twenty-one  years, 
•who  has  resided  in  the  state  one  year  next  preceding  the  election  at  which  he  offers 
to  vote,  and  during  the  last  sixty  days  of  the  time  shall  have  resided  in  the  city 
w-here  such  election  is  held,  who  has  not  been  convicted  of  bribery,  perjury  or 
other  infamous  crimes,  or  of  a  misdemeanor  connected  with  the  exercise  of  the 
right  of  suffrage,  nor  any  officer,  soldier  or  marine  in  the  regular  army  or  navy 
of  the  United  States,  nor  while  kept  at  any  poorhouse  or  other  asylums  at  public 
expense,  nor  while  confined  in  any  public  prison  shall  be  entitled  to  vote  at  such  elec- 
tion, for  all  officers,  state  or  municipal,  made  elective  by  the  people,  or  at  other 
elections  held  in  pursuance  of  the  laws  of  the  state,  but  shall  not  vote  elsewhere 
than  in  the  precinct  where  he  resides  and  is  registered.     (lb.,  p.  178,  sec.  12.) 

Sec.  25  7.  Challenges — appeals. — Any  voter  of  the  precinct  shall  be  permitted 
to  be  present  at  the  place  of  registration  in  said  precinct,  and  shall  have  the  right 
to  challenge  any  applicant  who  applies  to  be  registered:  but  if  the  board  is  satisfied 
that  such  person  is  a  qualified  voter,  he  must  be  so  registered.     (lb.,  p.  179,  sec.  13.) 

Sec.  258.  Verification  lists — challenges. — The  election  commissioners  shall 
prepare  and  furnish  to  the  board  of  registration  in  each  precinct,  three  blank-books, 
to  be  known  as  "verification  lists,"  each  page  to  be  ruled  into  columns,  and  contain 
pages  sufficient  for  each  street,  avenue  and  alley  in  the  precinct.  During  the  progress 
of  registration,  or  immediately  thereafter,  the  clerks  of  said  board  shall  transfer  all 
the  names  upon  the  register  to  the  left-hand  pages  of  such  "verification  lists," 
arranging  them  according  to  the  street,  avenues,  alleys  or  courts,  beginning  with 
the  lowest  residence  number,  and  placing  them  numerically,  as  nearly  as  possible, 
from  the  lowest  up  to  the  highest  number.  Tliey  shall  first  write  the  name  of 
such  street,  avenue,  alley  or  court  at  the  top  of  the  second  column  and  then  proceed 


AHT.    ■-M  STATi:    l.AW.S    SPKCIALLT    Am.ICABLK    TO    ST.    lAHIS.  131 

to  transfer  the  i-esistered  names  to  the  pages  of  such  "verification  lists,"  headed 
"re.ccistered  names."  according  to  the  street  number  as  aliove  indicated.  If,  during 
either  day  of  registration,  a  registered  voter  of  the  ward  sliall  come  before  the  board 
of  registry  and  maice  oath  that  he  believes  that  any  particular  person  upou  such 
registry  is  not  a  qualified  voter,  such  fact  shall  be  noted:  and  after  the  completion 
of  such  "verification  lists,"  such  board  or  one  of  said  judges,  shall  nial<e  a  cross 
or  check  mark  in  ink  opposite  such  name  upou  each  of  said  "verification  lists."  If 
such  judges  shall,  however,  know  that  any  person  so  complained  of  is  a  qualified 
voter,  and  shall  believe  that  such  complaint  was  only  made  to  vex  and  harass  such 
qualified  voter,  then  such  cross  or  checked  mark  shall  not  be  put  upon  such  lists. 
The  board  of  registration  shall  return  the  two  registers  to  the  office  of  the  board 
of  election  commissioners  not  later  than  S  p.  m.  of  the  day  following  the  fourth 
day  of  registration.  The  three  verification  lists  shall  be  given  to  said  clerks  at  the 
close  of  the  last  day  of  registration.     (lb.,  sec.   14.) 

Sec.  259.  rrecinct  oiinvjissers — duties. — The  clerks  of  election  are  hereby 
constituted  canvassers  of  the  precincts  for  which  they  are  appointed,  and  upon  the 
Friday  and  Saturday  of  the  seventh  week  prior  to  said  election,  if  so  much  time 
shall  be  required,  said  two  clerks  shall,  each  having  one  of  said  verification  lists, 
go  together  and  canvass  such  precinct,  calling  at  each  dwelling  place  or  each  house 
where  any  one  may  reside  in  such  i)recinct,  and  each  dwelling  place  as  indicated 
upon  said  "verification  lists,"  and  if  they  shall  find  that  any  person  upon  their 
"verification  lists"  does  not  reside  at  the  place  designated  thereby,  they  shall  make 
a  check-mark  opposite  such  name.  In  makin.g  such  canvass,  such  canvassers  shall 
make  special  inquiry  at  the  residences  as  designated  in  the  registry  and  "verification 
lists."  as  to  all  the  persons  so  registered  as  qualified  voters.  Said  clerks  shail  meet 
at  eight  o'clock  in  the  forenoon  of  each  day  of  said  canvass,  and  proceed  with  such 
canvass.  If  either  of  said  clerks  shall  fail  to  appear  at  the  jdace  designated  by 
flfteon  minutes  after  eight  o'clock,  on  either  of  said  days,  the  clerk  appearing 
shall  Immediately  notify  the  election  commissioners  of  said  failure  to  appear,  and 
upon  such  notification,  or  upon  bein.g  otherwise  so  informed,  the  election  commis- 
sioners shall  immediately  appoint  a  clerk,  of  the  same  politics,  in  place  of  the  one 
absent  or  failing  to  act:  and  if  both  of  said  clerks  fail  to  appear  within  the  time 
mentioned  then  the  board  of  election  commissioners,  upon  being  informed  of  such 
failure,  shall  appoint  two  clerks  of  different  politics  in  the  places  of  those  absent 
or  failing  to  act. 

Sec.  260.  Xotice  to  bo  sent  those  whoso  residence  cannot  bo  located. — Upon 
the  completion  of  said  canvass,  said  canvassers,  or  one  of  them,  shall  sign  a  notice 
and  send  the  same  through  the  mail,  duly  stamped,  to  the  address  given  upon  the 
registry  and  "verification  lists"  of  all  persons  named  therein  against  whose  names 
they  have  made  check-marks,  indicating  that  tney  did  not  reside  at  such  place  as 
before  stated,  and  also  to  the  address  of  all  persons  against  whose  names  said 
registry  board  or  judge  of  election  has  placed  a  check-mark  in  such  "verification  lists," 
which  shall  require  such  person  to  appear  before  the  board  of  registry  upon  the 
Friday  of  the  fourth  week  prior  to  said  election,  and  to  show  cause  why  his  name 
should  not  he  erased  from  such  registry.  Proper  blanks  and  postage  stamps  shall 
be  furnished  for  the  purpose  to  said  canvassers  by  the  commissioners.  A  similar 
notice  shall  also  be  served  by  one  of  said  canvassers,  either  at  the  time  said  canvass 
Is  being  made  on  or  before  the  Monday  following  said  canvass  by  leaving  the  same 
With  the  party,  if  found,  or,  if  he  be  not  found,  at  the  place  designated  In  such 
regi8tr>-  and  "verification  lists,"  by  leaving  the  same  at  such  address,  if  there  be 
such  place.  Such  notice,  to  be  sent  through  the  mail,  must  be  mailed  not  later  than 
ten  o'clock  of  said  Monday  morning.  I'pon  the  conclusion  of  said  canvass,  the  clerks 
shall  make,  upon  the  third  copy  of  the  verification  lists,  the  same  notations  as  con- 
tained on  the  two  lists  used  by  them  in  making  their  canvass,  and  the  three  lists, 
when  so  checked,  they  shall  deliver  at  the  office  of  the  election  commissioners  not 
later  than  eight  p.  m.  of  the  Monday  following  their  canvass.  And  it  shall  be  the 
duty  of  said  commissioners,  when  complaint  is  made  to  tfcem,  to  investigate  the 
action  of  such  clerks  or  canvassers,  and  to  cause  them  to  be  punished  for  such 
neglect  of  duty.      (I^aws   1906.  sec.   16.) 

Sec.  261.  Coiiiiiiissionors  to  print  copies  of  vorillcntlon  lists — copy  to  l)o 
P<mt4-d  In  oncli  pn-cinct. — The  commissioners  shall  print,  not  later  than  Friday  of 
the  fifth  week  i)rior  to  said  election,  copies  of  said  verification  lists  as  returned  to 
them  by  the  clerks,  with  the  various  checks  or  cross  marks  thereon,  and  shall 
further  print  conspicuously  on  each  copy  a  statement  that  all  parties  against  whose 
names  such  checks  or  cross  marks  appear  may  be  stricken  from  the  registration 
lists  unless  they  appear  before  the  precinct  board  of  revision  at  their  session  to  be 
held  on  Friday  of  the  fourth  week  prior  to  said  election,  and  show  cause  why  their 
names  should  not  be  so  erased.  A  printed  copy  of  the  list  for  each  precinct  shall 
be  posted  near  the  front  entrance  of  the  iioiiing  place  of  such  precinct,  or  as  near 
the  same  as  practicable,  not  later  than  Saturday  of  said  fifth  week.     All  such  notices 


232  .  STATE   LAWS  SPECIALLY  APPLICABLE  TO  ST.   LOUIS.  [CHAP.    9. 

provided  for  in  this  section  shall  be  printed  in  plain  large  type  in  sufficient  numbers 
to  meet  the  demand,  and  upon  application  a  copy  of  the  same  shall  be  given,  free 
of  charge,  to  any  registered  voter  in  such  precinct.      (lb.,  sec.  17.) 

Sec.  2  62.  Judges  and  clerks  to  revise  rcsistry,  when — i)roceedlng.s. — On  the 
Friday  of  the  fourth  week  prior  to  said  election  said  board  of  registration,  having 
first  obtained  from  the  election  commissioners  the  books  of  registration  and  two  of 
the  verification  lists  for  their  election  precincts,  shall  again  meet  at  the  place 
designated,  and  the  said  clerks  of  election  shall  meet  with  them,  and  they  shall 
remain  in  session  from  ten  a.  m.  until  ten  p.  m.  for  the  sole  purpose  of  revising 
their  registry  and  no  new  names  shall  be  added.  Said  canvassers,  or  one  of  them, 
shall  make  out  a  list  of  the  names  of  parties  checked  and  designated  as  aforesaid, 
and  to  whom  such  notice  has  been  sent,  given  or  left  with  the  address,  and  attach 
his  or  their  affidavit  or  affidavits  thereto;  blank  forms  shall  be  furnished,  stating 
that  notice  was  mailed  to  each  of  said  parties  at  the  places  designated  on  such 
lists,  on  or  prior  to  ten  a.  m.  on  Monday  of  the  sixth  week  prior  to  said  election, 
and  that  notice  was  also  personally  left  on  or  before  said  hour  of  said  day  at  the 
said  address  of  each  of  said  parties  named  in  said  list  so  attached,  if  there  be  any 
such  address.  If  any  person  to  whom  such  notice  has  been  sent  shall  appear  before 
the  board  of  registration  during  said  session,  he  shall  make  oath  and  sign  an 
affidavit  in  substance  as  follows: 

"I  do  solemnly  swear  that  I  am  a  citizen  of  the  United  States  (or  have  declared 

my  intention  to   become  a  citizen  of  the  United   States  on   the  — day   of  ■, 

19- ,   according  to   law),   and   that   I   have   resided   In   the  precinct   of  the 

ward   in  the  city   of  and   the  county   of  ,   and   in   the   state  of 

Missouri,  since  the  day  of  ;   that  1  am  not  an  officer,  soldier  or  marine 

in  the  regular  army  of  the  United  States,  and  that  I  have  never  been  convicted 
of  any  felony  or  any  misdemeanor  connected  with  the  exercise  of  the  right  of 
suffrage  (or  if  convicted  state  the  time  of  conviction,  and  when  pardoned  by  the 
governor   of  the  state)." 

This  affidavit  shall  be  signed  and  sworn  to  before  one  of  such  board  of  registry, 
and  it  shall  afterward  be  preserved  and  filed  in  the  office  of  said  election  commis- 
sioners; said  board  of  registration  snail  further  examine  him  on  oath,  and  also 
swear  such  canvassers,  and  hear  him  or  them  upon  the  question,  and  they  shall 
also  have  the  power  to  send  one  or  both  of  said  canvassers  to  make  further  examina- 
tion and  inquiry  at  the  place  claimed  by  such  person  to  be  his  residence,  and  again 
examine  such  canvassers  touching  the  same,  and  if,  after  such  examination  and 
hearing,  the  majority  of  said  board  are  of  tne  opinion  that  such  person  is  not  a 
qualified  voter  in  such  precinct,  they  shall  mark  the  word  "yes,"  under  the  column 
of  the  registry  marked  "erase."  and  shall  also  draw  a  line  in  ink  under  his  name; 
which,  in  case  of  any  registration,  shall  indicate  that  the  name  of  such  person  is 
erased  from  the  register,  and  shall  not  be  entitled  to  vote  unless  his  name  be 
restored  as  herein  provided.  If  any  person  to  whom  notice  has  been  sent  because 
his  declaration  of  intention  to  become  naturalized  has  been  made  more  than  five 
years  before  the  next  election,  shall  appear  before  said  board  at  such  session,  he 
shall  show  in  the  same  manner  as  in  the  case  of  original  registration  that  he  has 
become  naturalized,  otherwise  his  name  shall  be  erased  from  the  register.  If  any 
person,  already  registered,  shall  appear  before  said  board  at  such  session  and  make 
oath  that  he  has  removed  to  another  place  in  the  same  precinct,  said  board,  if  they 
believe  him,  shall  not  erase  his  name,  but  shall  make  the  correction  to  his  residence 
in  the  books  of  registration.  In  making  correction  of  entries  as  to  residence  and 
naturalization,  a  line  should  be  drawn  through  the  former  entries,  the  proper 
entries  made,  and  the  word  "corrected,"  with  the  date,  written  in  the  column  headed 
"remarks."  During  the  last  hour  of  said  session,  if  any  person  so  notified  to  appear 
at  such  session  shall  not  appear  and  show  cause  why  his  name  should  not  be  erased 
from  such  register,  the  same  shall  be  erased  in  the  manner  aforesaid.  Either  of  said 
clerks  shall  have  the  power  and  right  of  both  in  the  matters  pertaining  to  such 
canvass,  except  that  both  are  required  to  go  together  to  make  such  canvass.  In 
the  ease  of  temporary  disability  on  the  part  of  either  canvasser  or  clerk,  eitner  judge 
who  belongs  to  the  same  political  party  may  appoint  a  temporary  clerk  or  canvasser, 
who  shall  belong  to  the  same  party,  and  administer  to  aim  the  usual  oath  of  office, 
and  he  shall  perform  all  the  duties  of  the  office  until  the  disability  of  the  regular 
clerk  or  canvasser  is  removed.     (lb.,  sec.  18.) 

Sec.  263.      Voter  may  ask  that  name  on  registry  be  erased,  when — appeals. — 

Any  voter  or  voters  in  such  precinct  may  make  application  in  writing  before  said  board 
of  registration  at  the  session  mentioned  in  the  next  preceding  section,  to  have  any 
name  upon  the  register  of  such  precinct  erased,  which  application  shall  be  in 
substance  in  the  words  and  figures  following: 

"(I.  or  we,)   do  hereby  solemnly  swear  (or  affirm)   that   (I,  or  we,)   believe  that 

is  not  a  qualified  voter  in precinct  of of  the  city  of ,  and 

hence  ask  that  his  name  be  erased  from  the  register  of  such  precinct." 


AKT.   2.1  STATK    LAWS    SPI'X'IAI.LY    AI'I'l>irAUl,l-;    TO    ST.    LOUIS.  133 

Such  ai)i)li«'ation  shall  be  signed  and  sworn  lo  by  the  a|)|>licant.  and  liloil  by 
hini  with  said  board,  and  returned  by  them  to  the  board  of  election  commissioners 
with  the  registration  lists  to  be  filed  in  the  office  of  said  commissioners.  The  person 
making  such  application  shall  give  the  person  whose  name  he  or  they  seek  to 
erase  due  notice  in  writing  or  otherwise,  at  least  one  day  before  the  day  of  said 
session.  If.  upon  hearing  the  application,  the  board  of  registration  conclude  lo 
erase  the  name  they  shall  so  note  it  on  the  register.     (lb.,  sec.  19.) 

Sec.  -'t;4.  Ihity  of  ju«Iki".>!  on  hearing  application. — If  the  judges  upon  hear- 
ing said  ap|)licaIion  conclude  that  said  name  should  not  l)e  erased  from  the  register, 
but  their  conclusion  is  reached  by  the  vote  of  less  than  a  majority  of  the  total  num- 
ber of  judges  appointed  for  such  precinct,  then  they  shall  write  on  the  register 
opposite  the  name  of  said  voter  the  word  "challenged,"  and  that  word  shall  appear 
opposite  the  name  of  such  voter  on  the  register  on  election  day.     (lb.,  see.  20.) 

See.  205.  Judjies  shall  sign  n-^iistry — resislry  lo  be  .sent  (<>  conimissioiiers — 
roniniissionern  to  pr4i<-ee<l,  how  lists  public  n'cords. — At  the  end  of  the  last 
session  provided  for,  the  said  board  of  registration  and  said  clerks  shall  correct 
and  compare  the  registers  and  verification  lists  aforesaid,  and  make  thom  correspond 
and  agree:  and  said  judges  and  clerks  shall  then,  immediately  following  the  last 
name  on  each  iiage  of  the  registers,  sign  their  names  so  that  no  other  name  can  be 
added  with[out]  discovery,  and  shall  return  the  two  registers  and  two  verification 
lists  to  the  possession  of  the  election  commissioners.  Said  commissioners  sTfall 
cause  the  registration  lists,  as  so  revised,  to  be  printed,  and  the  names  thereon 
and  addresses  thereof  arranged  in  the  order  required  in  the  verification  lists,  not 
later  than  Friday  of  the  first  week  prior  to  the  election  for  which  such  registration 
is  nujile.  All  notices  provided  for  in  this  section  shall  be  printed  in  plain  large 
type,  in  sufficient  numbers  to  meet  the  demand,  and  upon  application  a  copy  of 
the  same  shall  be  .given,  free  of  charge,  to  aiiv  qualified  voter  of  said  ineciiut.  (lb,, 
sec.    21.) 

Sec.  2G(i.  Circuit  court  shall  hear  applications  to  be  placed  on  n-gistralion  lists, 
wtieii. — The  circuit  court  of  said  city  shall,  on  P'riday  and  Saturday  of  the  third 
week  prior  to  such  election,  specially  sit  to  hear  such  ap|)lications  as  shall  be  made 
to  it  to  place  any  name  upon  the  register  in  any  i)articular  precinct.  Such  applica- 
tions shall  lie  sworn  to  and  shall  state  the  facts  showing  the  applicant  to  be  a 
qualified  voter,  with  his  residence,  and  that  the  applicant  has  applied  to  the  board 
of  registry  in  the  i)recinct  during  the  proper  hours  on  one  of  the  registration  days, 
anil  that  said  board  refused  to  place  his  name  on  such  registry;  or  that  having  been 
duly  registered  he  appeared  before  said  board  on  the  day  appointed  for  revision,  and 
against  his  consent  his  name  was  stricken  from  the  registration  list;  such  a|)plica- 
tion  shall  be  filed  in  said  court  before  its  opening  on  Tuesday  of  the  third  week 
prior  to  said  election,  and  wherever  such  court  shall  be  composed  of  more  than 
one  division,  applications  shall  be  assigned  in  regular  order  to  the  various  divisions, 
as  in  civil  cases.  The  court  shall  cause  a  docket  of  such  applications  to  be  made 
out.  arranged  by  wards  and  precincts,  stating  the  name  of  the  person  whose  registra- 
tion Is  to  be  affected  by  such  apiilication.  Such  applications  shall  be  heard  sum- 
marily and  evidence  may  be  introduced  for  or  against  such  application.  No  formal 
pleaiilngs  shall  be  required.  Each  case  shall  be  decided  at  once  on  hearin.g.  and  the 
clerk  of  the  court  shall  make  a  minute  of  the  disposition  of  each  apiilication.  If 
the  court  shall  order  any  name  to  be  placed  ui)on  the  registration  list,  and  such 
nrl.r  shall   not  be  appealed   from,  a  minute  of  such  order  shall   be  certified   lo  the 

•  •  ii>n  <ommissioners,  who  shall  forthwith  cause  such  name  to  be  placed  upon  the 
Ii'i'cr  register,  and  Indicate  that  it  was  entered  by  order  of  the  court.  After 
the  entry  of  the  registration  so  allowed  by  said  court  (without  appeal)  no  further 
change  shall  be  permitted,  except  for  the  subsequent  registration  of  absentees  or 
invalids,  as  herein  provided,  when  such  further  registration  shall  be  made,  if  any, 
and  the  appropriate  stamp  prepared  shall  be  affixed  to  the  end  of  each  page  of  names 
in  each  precinct  registered   by  said  board  of  commissioners.     (lb.,  sec.  22.) 

Sec.  267.  A|>|H-als  from  circuit  court. — As  the  circuit  court  decides  each  case, 
an  order  therein  shall  be  entered  not  later  than  the  Tuesday  following  the  hearing 
of  the  a|ipllcatlon.  and  any  i>erson  desiring  to  appeal  from  such  order  may  appeal 
'"  'he  supreme  court  of  the  state,  or  court  of  appeals,  according  to  the  facts;  if 
:i:  liiation  be  made  therefor  within  two  days  after  the  entry  of  said  order,  such 
.i;;.m1  shall  be  allowed  on  the  giving  of  an  appeal  bond  in  the  penalty  of  two 
I  M'  lied  and  fifty  dollars,  conditioned  to  pay  the  expense  of  such  aiijieal  in  ca.se  his 
.■.;■  ■  .il    be   not    sustained.     The   time    for   filing   such   appeal    bonil    and    cerllficate   of 

•  M  i'lire  shall  be  within  four  days  from  the  entry  of  said  order,  and  upon  presenta- 
ii"n  to  the  court  of  a  certificate  containing  the  evidence  heard  at  such  hearing 
within  said  time,  the  court  shall  sign  the  same,  and  thereupon  the  same  shall  become 
part  of  the  record  in  said  cause.  The  original  record  in  such  cause  shall  be  at  once 
transferred  by  the  clerk  of  said  court  to  the  court  to  which  such  appeal  lies,  and 
suih   aiipellate  court,   or   if   it   be   in   vacation,   any   judge   thereof   shall    proceed   at 


134  STATE   LAWS  SPECIALLY   APPLICABLE   TO  ST.    LOUIS.  [CHAP.    9. 

once  to  hear  and  determine  the  appeal,  and  the  judgment  rendered  upon  such  hearing 
shall  be  at  once  certified  to  the  board  of  election  commissioners  and  also  to  the  circuit 
court,  and  the  board  of  election  commissioners  shall  carry  out  the  order  made  by 
said  appellate  court  or  such  judge  in  vacation.     (lb.,  sec.  23.) 

Sec.  2  6S.  Rojipstration  by  board  or  court — no  protection  against  false  regis- 
tration, etc. — No  person  admitted  to  any  registry  by  order  of  any  court,  or  by  the 
[board]  of  election  commissioners,  shall  be  protected  by  such  order  in  case  he 
should  be  indicted  for  false  registration  or  false  voting.     (lb.,  sec.  z4.) 

Sec.  269.  Transfers  of  registered  voters. — Whenever  any  person  who  has  been 
duly  registered  as  a  voter  by  the  board  of  registration  of  the  precinct  in  which 
he  then  resides,  and  whose  name  shall  have  been  returned  on  the  registration  lists 
as  a  voter  by  the  board  of  registration  to  the  board  of  election  commissioners,  after 
the  close  of  registration  shall  change  his  residence  from  one  precinct  in  said  city 
to  another,  or  from  one  part  of  such  precinct  to  another  part  thereof,  before  the 
day  of  the  election  for  which  he  is  registered  as  a  voter,  and  shall,  after  making 
such  change  at  any  time  on  or  before  the  Wednesday  preceding  such  election 
apply  to  the  board  of  election  commissioners  to  have  his  name  transferred  from 
the  precinct  in  which  he  is  registered,  or  his  residence  changed  from  his  former  to 
his  present  residence  in  such  precinct,  said  board  shall  cause  him  to  be  sworn  and 
examined  as  to  the  facts  of  such  change,  and  his  statement  shall  be  taken  down 
in  writing  and  signed  and  sworn  to  by  him  and  duly  certified  by  said  board;  if 
said  board  shall  be  satisfied  that  the  applicant  has  changed  his  residence,  as  stated, 
and  that  he  is  entitled  to  have  his  name  transferred  and  his  place  of  residence 
changed,  they  snail  first  cause  his  name,  where  he  moved  from  his  former  precinct,' 
to  be  erased  from  the  registry  thereof,  and  transferred  to  the  precinct  in  which 
he  then  resides,  or  if  he  has  changed  his  residence  from  one  place  to  another  in 
said  precinct,  they  shall  change  his  address  on  the  register  of  such  precinct.  Ub., 
sec.   25.) 

Sec.  2  70.  R«>gistration  of  invalids  and  absentees.. — If  any  person  who  has  the 
qualifications  required  by  this  article  to  entitle  him  to  register  as  a  voter  in  such 
city  shall  be  absent  therefrom  at  a  distance  of  more  than  fifty  miles,  or  confined  by 
illness  or  other  disability  to  his  place  of  residence,  during  all  of  the  days  appointed 
for  registration  prior  to  any  election  at  which  he  desires  to  vote,  he  may  file  his 
application  in  the  office  of  said  election  commissioners  to  have  his  name  registered  in 
the  precinct  in  which  he  resides.  Such  application  shall  be  verified  by  his  affidavit 
and  shall  show  that  he  has  the  qualifications  required  of  a  voter  by  this  article,  and 
that  he  was  prevented  by  said  absence,  sickness  or  disability  from  appearing  for 
registration  before  the  precinct  board  of  registry  on  all  of  said  registration  days, 
specifying  such  days  and  stating  at  what  i>lace  or  places  he  was  during  each  of  said 
days,  and  where  registration  is  claimed  on  account  of  absence,  the  day  upon  which 
he  returned  after  his  absence  during  said  days,  or  in  case  of  illness  or  other  dis- 
ability stating  the  first  day  upon  which  such  disability  was  removed.  If  his  applica- 
tion is  based  upon  his  absence,  he  shall  file  at  the  same  time  the  affidavits  of  two 
registered  voters  of  said  precinct  stating  that  to  their  knowledge  he  is  a  qualified 
voter,  and  setting  out  therein  his  qualifications,  that  he  resides  in  said  precinct,  and 
that  they  believe  in  the  truth  of  his  statement  in  his  affidavit  as  to  his  reasons 
for  not  appearing  before  said  registry  board  on  all  of  said  days  of  registration, 
specifying  them.  Where  such  application  is  based  upon  a  physical  disability  the 
affidavit  of  said  applicant  shall  describe  the  nature  of  such  disability  as  the  same 
is  most  commonly  desci'ibed,  and  said  affidavit  must  be  accompanied  by  an  affidavit 
of  a  physician  duly  admitted  to  the  practice  of  medicine  in  such  city,  which  shall 
describe  such  disability  as  the  same  is  most  commonly  described,  and  that  such 
disability  continued  during  said  registration  days,  specifying  them,  also  stating  the 
day  on  which  the  same  was  first  removed.  Said  board  shall  file  all  affidavits  made 
as  aforesaid  and  carefully  preserve  the  same.  Any  voter  may  make  objection  to 
any  person  being  registered  upon  such  application  in  the  manner  and  form  as  objec- 
tions are  required  to  be  made  before  the  registry  board.  The  election  commissioners 
shall  sit  specially  to  hear  such  applications  on  the  Wednesday  of  the  first  week  prior 
to  said  election  between  the  hours  of  nine  a.  m.  and  twelve  m.  and  between  two  p.  m. 
and  ten  p.  m.,  and  if  all  such  applications  be  not  then  determined  it  shall  sit  on  the 
same  hours  of  the  next  day.  Said  applicants  shall  appear  in  jierson  before  th« 
commissioners  on  said  Wednesday:  they  may  be  further  examined  by  the  commis- 
sioners under  oath  and  further  testimony  taken  in  favor  of  or  against  their  applica- 
tions. All  cases  shall  be  heard  summarily  and  decided  as  soon  as  heard.  If  the 
board  shall  believe  any  applicant  is  entitled  to  registration  according  to  the  pro- 
visions of  this  section  he  shall  be  registered  as  a  voter;  otherwise  his  application 
shall  be  rejected.  If  registered,  opposite  his  name  on  the  registry  shall  be  entered 
the  word  "absentee"  or  "invalid,"  as  the  case  may  be.     (lb.,  sec.  2G.) 

Sec.  271.  Revi.sod  lists  of  votcr.s — when  to  be  completed  and  how  posted. — - 
The  board  of  election  commissioners  shall  cause  to  be  printed  and  ready  for  distribu- 


AUT.   2,1  STATIC    LAWS    SriXMALLV    Al'i'l.ICABI.K   TO    ST.    LUL'IS.  135 

tlon  not  later  than  Friday  of  the  week  prior  to  the  election,  the  revised  registry- 
lists  as  returned  to  them  by  the  registration  board  at  the  riose  of  revision,  and 
further  corrected  as  far  as  may  be  necessary  l)y  the  judgment  of  the  supreme  court, 
court  of  appeals,  or  the  circuit  court,  or  transfers  by  the  board  of  commissioners,  or 
registrations  of  absentees  or  invalids  as  herein  provided.  In  cases,  however,  where 
the  order  of  any  court  shall  be  received,  or  any  transfer  or  registration  shall  be 
made  by  the  election  commissioners,  as  herein  provided,  at  so  late  a  <iatc  that  the 
name  ordered  to  be  registered  cannot  be  printed  upon  the  revised  registry  lists,  all 
of  such  names  so  to  be  registered  In  any  precinct  shall  be  printed  in  a  supplemental 
list,  copies  of  which  shall  be  given  upon  application  to  any  qualified  voter  in  such 
precinct  upon  demand;  a  copy  of  which  shall  also  be  given  to  the  judges  of  election 
of  such  precincts  with  the  ballot-box  and  poll  books.  Such  revised  lists  shall  be, 
except  as  corrected  by  the  board  of  registration  at  revision,  and  by  the  orders  above 
mentioned,  in  all  respects  like  the  registration  lists  above  ordered  to  be  i)ublished 
on  the  Friday  of  the  fifth  week  before  said  election.     (lb.,  sec.  iT.) 

Sec.  272.  Uelivery  of  poll-book,  ballot-boxes,  etc.,  to  .juilfies. — Said  commis- 
sioners shall,  on  the  day  preceding  any  election,  have  delivered  to  one  of  said  judges, 
at  his  residence,  one  of  the  registers  of  said  i)recinct.  and  the  key  (or  keys,  if  there 
be  more  than  one  to  the  ballot-box),  and  to  a  judge  of  the  opposite  political  party, 
at  his  residence,  the  other  of  said  registers,  the  ballot-box.  poll  books,  verification 
lists  and  nec^sary  blanks  and  stationery,  and  a  sealed  i)ackage  of  ballots.  (lb., 
sec.  28.) 

Sec.  27!!.  Polls  to  Ix-  op<>ne<I  anil  closed,  when — place  of  absent  .jutlfle  or 
clerk,  how  tilled — penall.v  lor  absence  or  di'tention  of  b:ill<>l-lio\,  register,  etc. — 
The  election  polls  shall  De  oi)ened  at  six  o'clock  in  the  morning  and  coniinue  open 
until  seven  o'clock  in  the  afternoon  of  the  same  day.  at  which  time  they  shall  be 
closed.  No  judge  or  clerk  shall  absent  himself  to  exceed  five  minutes  at  any  one 
time  imtil  the  ballots  are  all  cast  and  counted,  and  returns  made  thereof.  If  any  judge 
or  clerk  shall  not  be  present  after  the  exiiiration  of  fifteen  minutes  from  the  time 
to  o|)en  the  polls,  or  be  disqualified,  or  refuse  to  act,  the  judge  or  judges  present 
shall  till  the  place  of  such  absent  judge  or  clerk,  or  vacancy,  by  selecting  a  person 
of  the  sjime  political  party  as  the  judge  or  clerk  absent.  One  of  the  judges  shall 
administer  to  such  judge  or  clerk  the  oath  required  of  the  judge  or  clerk  originally 
appointed,  and  such  ai)pointee  shall  perform  like  duties  and  be  subject  to  the  same 
punishment  and  penalties  as  any  other  judge  or  clerk.  If  any  judge  or  clerk  shall 
be  lifteen  minutes  late,  but  shall  present  himself  at  the  i)recinct  for  which  he  Is 
appointed,  and  offer  to  act.  at  or  before  seven  o'clock  in  the  forenoon,  he  shall  be 
permitted  to  act,  and  the  person,  if  any.  who  has  been  appointed  to  fill  his  place 
shall  retire  but  shall  be  entitled  to  one-half  day's  pay  provided  for  judges  and 
clerks  hereunder,  and  the  judge  or  clerk  appointed  who  has  failed  to  be  present  shall 
be  entitled  only  to  receive  the  remaining  half  day's  pay;  if,  however,  any  judge 
or  clerk  shall  not  present  himself  at  the  i>olling  place  for  which  he  is  appointed  to 
act  at  or  before  seven  o'clock  in  the  forenoon  he  shall  not  be  permitted  to  act 
during  that  day,  nor  be  entitled  to  any  compensation  for  tnat  day.     (lb.,  sec;  29.) 

Sec.  274.  Bullot-lio.v  to  be  kept  in  public  view — penalt.v. — Refore  voting 
begins  the  ballot-box  shall  be  empty,  and  it  shall  be  opened  and  shown  to  those 
present  to  be  empty,  and  not  be  removed  from  public  view  from  the  time  when 
showTi  to  be  empty  until  after  the  close  oit  the  polls.  It  shall  be  locked  and  the 
key  delivered  to  one  of  the  judges  and  shall  not  again  be  oi)ened  until  the  close 
of  the  polls.  If  any  obstruction  shall  be.  |)rior  to  or  during  such  election,  inter- 
posed so  that  all  who  desire  cannot  constantly  see  such  ballot-box.  it  shall  be  the 
duty  of  such  judges  to  remove  such  obstruction  on  request  of  any  voter  of  the 
precinct,  or  on  their  own  motion,      (lb.,  sec.  30.) 

I  Sec.    275.      Poll-book,   how   kept. — Each   of   the   clerks   of   the  election   shall 

I  keep  a  poll-book  which  contains  a  column  headed  "number,"  another  headed 
"residence,"  and  another  headed  "names  of  voters."  The  name  and  street  and 
I  number  of  the  residence  of  such  voter  shall  be  entered  upon  each  of  the  poll- 
,  book.'!  by  the  clerks.  In  regular  succession,  under  the  proper  headings,  and  the 
number  of  such  voter.  In  the  order  In  which  he  voted,  placed  opposite  the  name 
I  In  the  column   headed   "number.  "      (lb.,   sec.   31.) 

I  Sec.  276.      Prot'cihiro  wlu-n  ballot  is  offered  by  voter — in  cases  of  challenge. — 

One  of  the  said  judges  of  election  shall  receive  the  ballot  from  the  voter,  and 
shall  announce  his  residence  and  name  In  a  loud  voice,  and  shall  write  on  the 
back  of  said  ballot  the  number  of  the  same,  in  the  order  in  which  It  was  received, 
which  number  shall  also  be  i)laced  opposite  the  name  of  the  voter  in  the  poll- 
book,  in  the  column  headed  "number."  and  another  judge  shall  put  the  vote  in  the 
ballot-box  in  the  presence  of  the  voter  and  the  Judges  and  clerks,  and  In  plain  view 
of  the  public.  The  jtidge  or  clerk  having  charge  of  the  registry  shall  then,  in  a 
^  column  prepared  thereon.  In  the  same  line  of  the  name  of  the  voter,  mark  In  ink 
'  or  with    Indelible   pencil    "voted."      If   such    person    so    registered    shall    bo   chal- 


ai£^ 


138  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.   LOUIS.  [CHAP.   9. 

the  day  on  which,  and  the  numher  of  the  election  precinct  and  tlie  ward,  and  city, 
in  relation  to  which  such  statement  shall  be  made,  and  the  time  of  opening  and 
closing  of  the  polls  of  such  precinct.  It  shall  also  contain  a  statement  showing  the 
whole  number  of  votes  given  for  each  person,  designating  the  office  for  which  they 
were  given,  which  statement  shall  be  written  or  partly  written  and  partly  printed 
in  words  at  length;  and  in  case  a  proposition  of  any  kind  has  been  submitted  to  a 
vote  at  such  election,  such  statement  shall  also  show  the  number  of  votes  cast  for 
or  against  such  proposition,  written  out  or  partly  written  and  partly  printed  in  words 
at  length,  and  at  the  end  thereof  a  certificate  that  such  statement  is  correct  in  all 
respects,  which  certificate  and  each  sheet  of  paper  forming  part  of  the  statements, 
shall  be  subscribed  by  the  said  judges  and  election  clerks.  If  any  judge  or  election 
clerk  shall  decline  to  sign  such  returns,  he  shall  state  his  reason  therefor.  In 
writing,  and  a  copy  thereof  signed  by  himself  shall  be  enclosed  in  an  envelope, 
which  shall  then  be  securely  sealed,  and  each  of  the  judges  and  each  of  the  election 
clerks  shall  write  his  name  across  every  fold  at  which  the  envelope,  if  unfastened 
could  be  opened.  And  the  envelope  shall  be  directed  on  the  outside  to  the  election 
commissioners.  Each  set  of  tallies  shall  also  be  signed  by  the  election  clerks  and 
judges  of  election,  and  shall  also  be  enclosed  in  an  envelope,  securely  sealed  and 
signed  and  directed  on  the  outside  of  envelope  to  said  election  commissioners.  On 
the  outside  of  envelope  shall  be  endorsed  whether  it  contains  the  statement  of  the 
votes  cast  or  the  tallies,  and  for  what  precinct  and  ward.     (lb.,  sec.  3S.) 

Sec.  283.  Poll-books  to  be  placed  in  ballot-box — to  be  .sealed,  how. — The 
poll-books  which  contain  the  statement  of  returns  shall  be  placed  in  the  ballot- 
box,  and  the  ballot-box  shall  then  be  locked  and  the  key  removed:  whereupon  said 
judges  of  election  shall  all  write  their  names  upon  a  slip  of  paper  of  sufficient 
length  for  tne  following  purposes:  Said  slip  of  paper,  after  the  signing  of  their 
names  thereon  by  said  judges,  shall  then  be  pasted  over  the  keyhole  of  the  said 
box  and  extending  upward  to  the  upper  lid  of  the  box  ana  carried  for  some  distance 
over  the  top,  and  it  shall  be  placed  in  such  a  way  that  the  signatures  of  said  judges 
shall  extend  across  the  place  of  the  opening  of  the  lid  of  the  box,  so  that  when  the 
box  is  opened  it  shall  tear  such  paper  and  destroy  the  signatures  written  thereon, 
and  when  the  key  shall  be  inserted  in  the  keyhole  it  will  tear  the  paper  so  pasted 
over  the  keyhole.  Such  paper  shall  be  fastened  with  some  adhesive  material  and 
so  as  not  to  permit  the  removal  of  such  slip  of  paper  without  defacing  it.  (lb., 
sec.  39.) 

Sec.  284.  Disposition  of  ballots. — The  judges  shall  fold  in  two  folds  and 
string  closely  upon  a  string  or  wire,  all  ballots  counted  by  them,  except  those 
marked  "defective,"  or  "rejected,"  unite  the  ends  of  such  string  or  wire  in  a  firm 
knot,  enclose  the  ballots  so  strung  in  an  envelope,  on  which  shall  be  endorsed,  In 
writing  or  print,  the  number  of  the  precinct,  date  on  which  such  election  was  held, 
and  securely  seal  such  envelope,  so  tnat  it  cannot  be  opened  without  breaking  the 
seal,  and  return  said  ballots,  together  with  the  package  containing  the  ballots  marked 
"defective"  or  "objected"  or  "rejected,"  in  such  sealed  package  or  envelope  to  the 
election  commissioners.  Two  of  said  judges  of  opposite  politics  shall  immediately 
after  signing  the  statement  of  the  result  of  the  canvass  and  tally  sheets  and  the 
sealing  of  the  ballot-box,  go  together  to  the  office  of  the  election  commissioners  and 
deliver  said  ballot-box  and  the  key  thereto  to  said  election  commissioners,  who 
shall  keep  the  office  open  until  all  of  said  ballot-boxes  have  been  received.  Im- 
mdiately  upon  receiving  said  ballot-boxes  saia  commissioners  shall  give  a  receipt 
therefor  to  said  judges,  and  shall  place  them  properly  arranged  in  the  order  of 
precinct  numbers  in  boxes  which  shall  be  securely  locked.  Said  boxes  shall  be 
placed  in  a  vault  having  a  double  lock,  and  said  vault  shall  be  locked  and  keys 
retained  by  commissioners  of  opposite  political  parties.  Said  election  commissioners 
shall  securely  keep  said  oallot-boxes  for  twelve  months,  not  opening  or  inspecting 
them  nor  allowing  any  one  else  to  do  so,  except  upon  order  of  court  in  case  of 
contested  election,  or  when  it  shall  be  necessary  to  produce  them  at  the  trial  of 
any  offense  committed  under  this  article.  At  the  end  of  twelve  months  after  said 
election,  said  ballots  shall  be  destroyed:  Provided,  that  if  any  contest  of  the  elec- 
tion of  any  officer  voted  for  at  such  election,  or  prosecution  under  this  article 
shall  be  nending  at  the  expiration  of  said  time,  the  said  ballots  shau  not  be  destroyed 
until  such  contest  or  prosecution  be  finally  determined.      (lb.,  sec.  40.) 

Sec.  285.  Statement  and  tally-sheet  to  be  delivei-ed  to  coniniissloners,  etc. — 
Another  judge  shall  take  a  statement  of  the  votes  cast  into  his  possession,  sealed  up 
in  an  envelope  as  aforesaid,  and  one  of  the  clerks  shall  take  a  tally-sheet,  sealed  up 
in  an  envelope  as  aforesaid,  and  the  judge  having  possession  of  statement  and  the 
clerk  having  possession  of  tally-sheet,  shall  each,  before  twelve  o'clock  of  the  next 
day  after  such  election,  deliver  the  statement  and  tally-sheet  to  the  said  election  com- 
missioners, and  take  a  receipt  from  them  therefor.  And  it  shall  be  the  duty  of 
the  said  election  commissioners  to  receive  the  same,  and  keep  safely  under  lock  and 
key  until  ordered  to  be  surrendered  as  herein  provided.     (lb.,  sec.  41.) 


140  STATK  LAWS  SPECIALLY  APPLICABLE   TO   ST.    LOUlS.  [CHAP.    9. 

sistants  employed  by  the  board  of  election  commissioners  shall  be  paid  by  the  city. 
The  members  of  said  board  of  election  commissioners  shall  each  receive  a  salary  of 
three  thousand  dollars  a  year,  and  the  secretary  of  the  board  a  salary  of  two  thousand 
dollars  a  year,  all  payable  monthly.  The  assistants  and  clerks  employed  by  the  elec- 
tion commissioners  shall  each  receive  a  salary  of  four  dollars  per  day  for  the  time 
actually  employed,  payable  monthly.  All  office  and  other  expenses  incurred  by  said 
board  of  election  commissioners,  and  all  office  and  other  expense  and  all  costs  and  ex- 
penses of  registration  and  election  in  such  cities  shall  be  paid  out  of  the  city  treasury. 
All  printing,  binding,  books,  stationery,  etc.,  shall  be  paid  for  in  the  same  manner  and 
contracted  for  by  the  board  of  election  commissioners.     (lb.,  sec.  47.) 

Sec.  292.  Conipeiisatioii  of  judges  and  clerks  of  election,  etc. — The  judges 
and  clerks  of  election  and  the  members  of  boards  of  registration  and  clerks,  in  cities 
in  this  state  having  300,000  inhabitants  and  over,  shall  each  receive  five  dollars  a  day, 
for  pay  and  compensation  for  their  services.  When  judges  or  clerks  of  election  shall 
be  required  to  call  at  the  election  commissioners'  offices  for  ballot-boxes,  registration 
books,  or  for  any  other  purpose,  on  any  day  except  on  election  day  they  shall  be  al- 
lowed $2.50  for  said  services.  Said  pay  and  compensation  of  judges  and  clerks  of 
election,  boards  of  registration  and  clerks  shall  be  paid  by  such  city,  and  the  munici- 
pal assembly  thereof  is  hereby  required  to  make  the  necessary  appropriation  for  such 
payments.     (lb.,  sec.  48;  amended  Session  Laws  1907,  p.  112.) 

Sec.  2  93.  Majority  may  act  for  board. — The  act  of  a  majority  of  such  board 
of  election  commissioners  shall  in  all  cases  arising  under  this  article  be  considered 
as  the  act  of  said  board  of  election  commissioners. 

Sec.  294.  Board  to  audit  accounts. — Said  board  of  election  commissioners 
shall  audit  all  the  claims  of  the  judges  of  election  and  of  registration  and  all  other 
claims,  expenses  and  accounts  under  this  article,  and  shall  draw  a  warrant  therefor 
upon  the  proper  officer.    (lb.,  sec.  49.) 

Sec.  295.  Repealing  inconsistent  acts. — Article  VIII,  chapter  102  of  the  Re- 
vised Statutes  of  Missouri  of  1S99,  and  all  acts  amendatory  thereto  is  hereby  re- 
pealed, and  all  acts  or  parts  of  acts  inconsistent  with  this  act,  are  hereby  repealed.  In 
so  far  as  they  are  inconsistent  therewith.    (lb.,  sec.  50.) 

ARTICLE  III. 

Primary  Elections  (in  so  far  only  as  not  governed  by  the  new  primary  election 
lav)  of  1907,  which  latter  applies  to  all  elective  offices,  but  not  "special  elections  to 
fill  vacancies,  nor  to  county  superintendents  of  schools,  to  city  officers  not  elected  at  a 
general  state  election,  and  to  town.  viUaric  and  school  district  officers*)." 

Sec.  296.  Short  title  and  application  of  act. — The  short  title  of  this  act  shall 
be  the  "Primary  election  law."  Except  as  otherwise  herein  provided  it  shall  be  con- 
trolling: (1)  On  the  methods  of  the  registration  of  voters  in  cities  in  this  state 
which  now  have,  or  which  may  hereafter  have,  over  300,000  inhabitants  according  to 
the  last  preceding  census:  (2)  on  the  conduct  of  primary  elections  in  such  cities;  (3) 
on  party  conventions  in  such  cities,  or  for  any  political  subdivision  thereof;  (4)  on 
the  choice  in  such  cities,  or  in  any  political  subdivision  thereof,  of  the  members  of 
Ijolitical  committees,      i  Session  Acts  19(il,  p.  149.     Primary  Election  Law.  sec.  1 — i.) 

Sec.  297.  Definition  and  construction  of  act. — The  terms  used  in  this  act 
shall,  for  the  purpose  of  this  act,  have  application  as  provided  in  this  section,  unless 
other  meaning  is  clearly  apparent  from  the  language  of  the  context  or  manifest  in- 
tent. The  term  "general  committee"  shall  apply  to  any  committee  chosen  in  pursu- 
ance hereof,  or  of  the  rules  and  regulations  of  a  party,  to  represent  the  members  of 
such  party  in  any  such  city;  and  the  term  "committee"  shall  apply  to  any  committee 
chosen  in  like  manner  to  represent  the  members  of  a  party  in  any  political  subdivision 
of  such  city.  The  term  "convention"  shall  apply  to  any  assemblage  of  delegates  of  a 
party  in  and  for  any  such  city,  or  in  and  for  any  political  subdivision  of  such  city, 
duly  convened  for  the  purposes  of  nominating  candidates  for  public  office,  electing 
delegates  to  other  conventions,  electing  members  of  political  committees,  or  transacting 
any  other  business  relating  to  the  affairs  of  a  party.  The  term  "primary  election" 
shall  apply  to  any  election  by  the  members  of  a  party  duly  convened  in  any  such  city, 
or  in  any  political  subdivision  of  such  city,  of  delegates  to  a  convention,  or  of  party 
committeemen,  or  of  candidates  for  public  office,  or  to  any  such  election  upon  any 
questions  submitted  to  the  vote  of  a  party.     The  term  "primary  period"  shall  apply 

♦The  new  primary  law  therefore  in  nearly  all  ca.ses  supersedes  the  primary  law 
as  g:iven  in  this  article.  The  provisions  of  said  new  act  of  1907  were  enacted  too 
late  to  appear  in  this  revision  in  nunierioal  order,  but  (hey  are  set  out  in  full  herein- 
after, and   designated   as  .Article  IV  of  this  Cluipler. 

The  provisions  of  this  article  III,  following  next  hereinafter,  are  the  acts  of 
1901.  pap:es  149-165,  which  rept-aled  prior  inconsistent  acts.  (For  the  old  law  see 
Mun.  Code,  pases  121-123).  Primaries  were  regulated  by  art.  4.  eh.  102  R.  S.  1S99.  in 
so  fa'r  as  the  provisions  of  the  article  are  not  altered  by  the  St.  Louis  primary  act: 
Sieber  vs.  McCafferv.  lOS  Mo,  App.  49.  56.  The  board  acts  in  an  administrative  and  not 
Judicial    capacity:     kalbfell    vs.    Wood,    193    Mo.    6S".       » 

(7)  .\s  stated  in  the  preceding  note  the  application  of  this  act  is.  since  the  enact- 
^(j^.     ment  of  llie  primary   Uiw  of   1907.  very  limited. 


AI!T.    3.1 


STATI-:  LAWS  SPECIALLY  APPLTC.XHLIC  TO  ST.  LOIMS. 


HI 


to  the  time  Intervening  from  the  date  of  the  election  of  state  ofticers  to  the  date  of 
the  nc.vt  subsequent  election  of  the  same  ofticers.  The  term  'parly"  sliall  a|)i)ly  to  any 
political  organization  which,  at  the  last  preceding  election,  polled  at  least  Iii.Uiki  votes 
for  (lovernor,  or  for  supreme  judge  if  the  governor  was  not  elected  at  such  election.  No 
orKaiiization  or  association  of  citizens  solely  for  the  election  of  city  officers  shall  be 
deemed  a  political  party  within  the  meaning  of  this  act.  and  membership  in  any  such 
organization  or  association  shall  not  prevent  an  elector  from  voting  and  acting  as  a 
member  of  a  political  party,     (lb.,  sec.  2.1 

Sec.  29S.  I'riinary  registriUion  l>(><ik><  in  In-  pii-pared. — The  election  com- 
missioners In  all  cities  in  this  state  to  which  this  act  is  applicable,  shall  cause  to  be 
prepared,  within  ninety  days  after  this  act  shall  become  a  law  and  Ije  in  force,  original 
primary  registration  books  to  the  number  of  two  for  each  election  precinct.  Such 
regi.stralion  hooks  shall  be  so  arranged  that  the  names  of  all  the  electors  of  the  elec- 
tion precinct  may  be  inscribed  therein  aiphaebtically ;  there  shall  be  fourteen  columns 
on  each  page:  the  first  for  the  surnantes  of  the  electors:  the  second  for  the  christian 
names  of  the  electors:  the  third  for  their  residence  addresses:  the  fourth,  fifth  and 
sl.\th.  for  the  words  at  the  top  of  page.  "Ist  official,"  "2nd  official."  ".ird  official." 
respectively,  and  over  same  the  word  '•Democratic:"  the  seventh,  eighth  and  ninth, 
for  the  words  at  the  top  of  page.  "1st  official."  "2nd  official. '  "3rd  official."  respect- 
ively, and  over  the  same  the  word  "Republican:"  the  tenth  and  eleventh  for  the  word 
at  the  lop  of  page  "unofficial:"  said  last  eight  columns  shall  be  of  sufficient  wMdth  to 
l>erniit  the  word  "vote<r'  to  be  plainly  written  therein:  the  twelfth  column  shall  bo  of 
sufficient  width  to  permit  the  word  "challenged"  and  date  thereof  to  be  idainly  writ- 
ten therein;  the  thirteenth  column  shall  have  at  top  of  page  the  words  "oath  admin- 
Islcred;"  and  the  fourteenth  column  shall  be  of  sufficient  width  to  permit  the  elector 
to  plainly  sign  his  full  name.     (lb.,  sec.  3.) 

Sec.  2  99.  Form  of  reKi.stration  .sheet. — The  form  of  each  registration  sheet 
in  the  primary  registration  books  shall  be  as  follows,  viz.: 


WAUD, 


riiECl^CT 


: 

X 

uemocratic     RepaMican 

r; 

3 

z 
3 

p 

: 

3 

0:i(h   Adminis- 
tered. 

I. 

V, 

s. 

00 

:  o 

E 

O 

3 

ri 
E 

1st  Official. 
:!rd  Official 

3 

a 
O 

3 

c 

p 

c 
O 

3 

3 

E 

c 

a 
O 

3 

d 

c 
to 

1 
|.  .  . 

1 
...                              1 

1 . . .  ... 

:;:::::::::';:'!■■■ 

1       1 

1 



1 

.  •  * 

. 

I 

' 

... 

1 

1 

/ 

142  STATE  LAWS  SPECIALLY  ArPLICABLE  TO  ST.  LOUIS.  [CHAP.   9. 

Sec.  300.  Elector  shall  sign  registration  books. — When  an  elector  shali  have 
been  registered  as  a  qualified  voter  in  any  precinct  in  such  city,  either  at  the  office 
of  the  election  commissioners,  or  in  any  such  precinct  on  any  day  of  precinct  regis- 
tration, his  name  and  residence  address  shall  be  entered  at  the  proper  place  by  the 
election  commissioners,  or  judges  at  precinct  registration,  in  the  two  original  pri- 
mary registration  books  for  that  precinct,  and  such  elector  shall  forthwith  sign  his 
name  in  the  column  provided  therefor.  In  case  an  elector  shall  be  unable  to  sign  his 
name,  he  shall  make  his  mark,  and  the  same  shall  be  evidenced  as  like  signatures  are 
by  law  in  sealed  instruments.  If  an  elector  shall  refuse  to  sign  his  name  as  above 
provided,  his  registration  for  primary  purposes  shall  be  deemed  void,  and  the  regis- 
tration officer,  or  officers,  shall  forthwith  strike  his  name  from  such  primary  books 
by  running  a  red  line  with  pen  and  ink  through  his  name.  Nothing  herein,  how- 
ever, shall  be  construed  to  prevent  such  elector,  being  a  qualified  voter  for  other  than 
primary  purposes,  from  subsequently  appearing  before  the  proper  registration  officers, 
and,  by  complying  with  provisions  above  required,  having  his  name  duly  registered 
in  said  primary  books,  and  becoming  an  elector  for  primary  purposes.     (lb.,  sec.  5.) 

Sec.  301.  Registration  i)rovi(led  for. — No  elector  shall  be  permitted  to  vote 
at  any  primary  election  unless  he  be  a  registered  voter  in  the  precinct  at  the  time  he 
offers  to  vote,  and  at  the  time  actually  resides  in  such  precinct  at  the  number  desig- 
nated in  his  registration.  If  an  elector  shall  be  duly  registered  for  primary  purposes 
in  an  election  precinct  in  such  city,  and  shall  thereafter  move  his  residence  out  of 
such  precinct  to  another  precinct  in  the  same  city,  said  elector  may,  after  he  shall 
become  a  qualified  voter  of  such  last  named  precinct,  have  his  primary  registration 
changed  to  conform  thereto,  but  if  such  re-registration  is  made  at  the  office  of  the 
election  commissioners,  the  officer  making  such  re-registration  shall  forthwith  strike 
the  name  of  such  elector  from  the  primary  books  in  which  he  was  last  before  regis- 
tered by  running  a  red  line  through  the  same  w-ith  pen  and  ink.  If  such  re-registra- 
tion for  primary  purposes  be  made  by  the  judges  on  any  day  of  precinct  registration, 
said  judges  shall,  over  their  proper  signatures,  certify  to  the  re-registration  of  such 
elector,  giving  the  ward,  precinct  and  residence  address  from  which  he  was  last  be- 
fore registered  in  the  primary  books,  on  blanks  provided  therefor,  and  return  the  same 
in  sealed  envelopes,  with  the  primary  books  to  the  office  of  the  election  commissioners, 
and  the  election  commissioners  shall  forthwith  cause  the  name  of  such  elector  to  be 
stricken  from  the  primary  books  in  which  he  was  last  before  registered  by  running  a 
red  line  through  the  same  with  pen  and  ink.  If  an  elector  shall  move  from  one  place 
in  a  precinct  to  another  place  in  the  same  precinct,  he  must  re-register  in  the  manner 
above  provided  before  he  can  vote  at  any  primary  election.     (lb.,  sec.  6.) 

Sec.  3  0  2.  Registration  suspended,  when. — No  primary  election  shall  be  held 
in  any  city  in  this  state  to  which  this  act  is  applicable  on  any  day  of  precinct  regis- 
tration, nor  within  five  days  preceding,  or  following,  any  such  day.  The  election  com- 
missioners in  any  such  city  shall  suspend  all  primary  registration  on  the  day  of  pri- 
mary election,  and  during  the  five  days  preceding  and  following  the  same.  Any  elector 
who  shall  register  and  become  a  qualified  voter  in  any  precinct  during  any  suspension 
of  primary  registration  shall  have  the  right  to  subsequently  register  for  primary  pur- 
poses by  complying  with  tlie  provisions  of  this  act  governing  primary  registration. 

Sec.  3  03.  Commissioners  to  attest  registration  books. — Witliin  three  days 
prior  to  any  primary  election  held  under  the  provisions  of  this  act  the  election  com- 
missioners in  such  city  shall  certify,  over  their  own  proper  signatures,  in  each  of  the 
two  primary  registration  books,  in  each  precinct  in  such  city,  or  district,  in  which 
such  primary  is  held,  that  the  primary  registration  books  for  such  precinct  contain 
a  full,  complete,  and  correct  list,  alphabetically  arran.ged,  of  all  the  electors  in  said 
precinct  who  are  registered  for  primary  purposes,  and  that  all  of  said  electors  were 
duly  registered,  and  are  bona  fide  residents  of  such  precinct,  and  as  such,  entitled  to 
vote  as  they  verily  believe,  and  said  certificate  shall  be  attachd  to,  and  made  a  part 
of  said  primary  registration  books.     (lb.,  sec.  8.) 

Sec.  3  0  4.  Registration  books  delivered  to  .judges,  when. — The  original  pri- 
mary registration  books  shall  be  used  at  all  official  primary  elections,  and  shall  be 
delivered  by  the  election  commissioners  to  the  proper  judges  of  primary  election 
within  twenty-four  hours  before  the  opening  of  the  polls  on  each  official  primary  day, 
and  shall  be  returned  by  the  jujdges  to  such  election  commissioners  forthwith,  after 
the  completion  of  the  canvass  and  count  of  the  votes  cast  at  such  primary.  (lb.,  sec.  9.) 
Sec.  305.  I'nofficial  primary  held,  how. — Unofficial  primary  elections  may  be 
held  by  any  political  organization  or  association  of  citizens  in  any  such  city,  and 
such  organization  or  association  shall  have  the  right  to  use  the  primary  i-egistration 
books  thereat,  by  duly  notifying  the  election  commissioners  of  such  city  of  their  wish 
to  use  said  books,  and  in  all  respects  complying  with  the  provisions  of  this  act  gov- 
erning the  filing  of  delegations,  and  defraying  the  expense  of  such  primary.  (lb., 
sec.  10.) 

Sec.  30  6.  Wards  divided  into  primary  election  districts. — The  election  com- 
missioners shall  within  thirty  days  after  this  act  shall  take  effect  and  be  in  force, 
divide  every  ward  in  cities  to  which  this  act  is  applicable,  into  two  primary  election 


AUT.   a.)  STATK  LAWS  SlMCOl AI.I.V  Al -I'LirA HM':  To  ST.  LOUIS.  143 

districts,  each  of  whch  shall  consist  of  two  contiguous  districts,  composed  of  precincts 
lyln^'  compactly  together  and  as  nearly  as  may  be.  so  that  each  primary  district  shall 
coDtaln  the  same  number  of  voters  registered  for  primary  i)urposes.  There  shall  be 
one  polling  place  in  each  of  such  primary  districts,  which  shall  be  designated  and  pro- 
vided at  public  e.\pense  by  the  election  commissioners,  and  such  i)olling  place  shall 
be.  as  nearly  as  may  be.  centrally  located  In  such  primary  districts.  Whenever  the 
ward  lines  of  any  ward  In  such  city  shall  be  changed  in  any  manner,  said  election 
conimisslouers  shall,  within  thirty  days  after  such  change,  again  divide  each  of  said 
wards  so  changed  into  two  primary  districts  in  the  manner  above  provided.  (lb., 
Bee.  11.) 

Sec.  307.  Duties  of  political  coiniinttecs^-<)f  coniniissionors. — Whenever  the 
general  committee  representing  a  political  party  in  any  city  to  which  this  act  is  appli- 
cable, or  the  committee  representing  a  district  in  such  city,  shall  officially  call  a  pri- 
mary election,  at  which  the  electors  belonging  to  such  party  in  such  city,  or  district, 
shall  select;  (1)  delegates  from  the  various  wards  in  such  city,  or  district,  to  any 
convention  of  such  party  to  be  held  for  the  purpose  of  uoiulnatiug  a  candidate,  or  can- 
didates, for  public  office;  (2)  to  nominate,  by  direct  primary  vote,  a  candidate,  or  can- 
lidates,  for  public  office;  (3)  to  select,  either  by  direct  vote,  or  through  delegates 
jlectt'd  at  such  primary,  the  representative  of  the  managing  committee  of  such  party 
Irom  any  district  or  ward  in  such  city,  the  chairman  of  such  committee  shall  certify 
ind  deliver  to  the  election  commissioners  a  statement  of  the  conventions,  committees, 
and  offices  for  which  delegates,  members  or  candidates,  as  the  case  may  be,  are  to  be 
elected  thereat,  and  the  number  of  delegates  to  conventions  apportioned  among  the 
various  wards  in  such  city,  or  district,  and  members  of  the  committees  to  be  elected 
In  each  ward,  or  district.  The  election  commissiontTS  shall  forthwith  prepare  a  notice 
of  such  ofnciai  primary  election,  and  shall  publish  such  notice  for  at  least  three  days 
prior  to  such  primary  election  in  at  least  one  newspaper  having  a  general  circulation 
in  the  city  in  which  such  primary  is  held  of  the  political  faith  of  the  party  calling 
such  primary.  Such  notice  shall  specify  the  day  of  such  primary  election,  the  hours 
dii'  h  It  shall  be  held,  the  location  of  each  polling  place,  the  election  precincts 

wl  IS  may  vote  at  each  such  polling  place,  the  name  of  the  party  whose  prl- 

niai..  .  ■  .  i.  n  will  be  held  thereat,  and  the  conventions,  committees  and  offices  for 
whirl)  delegates,  members,  or  candidates,  as  the  case  may  be,  will  be  voted  for  thereat. 
Such  notice  shall  also  specify  the  number  of  delegates  to  which  each  ward  in  such 
city,  or  district.  Is  entitled.  In  case  a  delegate  convention  is  called.  All  official  primary 
elections,  held  in  pursuance  of  this  act.  shall  be  open  from  one  o'clock  in  the  after- 
noon to  eight  o'clock  In  the  evening.  All  other  primary  elections,  if  any,  shall  be  open 
for  not  less  than  three  hours,  commencing  not  earlier  than  four  o'clock  in  the  after- 
noon, and  not  later  than  eight  o'clock  in  the  evening.  Notice  of  all  unofficial  primary 
elections  shall  be  given  in  the  same  manner  as  in  case  of  official  primary  elections,  ex- 
cept that  such  notice  shall  bo  given  by  the  proper  party  officers,  and  shall  not  be  at 
public  expense.  Unofficial  primary  elections  shall  be  held  in  such  places  in  the  vari- 
ous primary  districts  in  such  city,  or  i)art  of  city,  as  shall  be  designated  by  the  organi- 
zation or  association  of  citizens  calling  the  same:  Provided,  however,  that  the  election 
commissioners  may,  at  the  request  of  such  organization  or  association,  combine  the  two 
election  districts  in  any  ward  and  provide  but  one  polling  place  therein.  (lb.,  sec. 
12—;.) 

Sec.  308.  Forbidden  to  hold  prininrios,  whore. — No  primary  election  shall  be 
held  In  a  saloon  or  drinking  place,  or  in  any  room  connected  therewith,  or  in  any 
room  which  Is  not  on  the  first  floor  of  the  building  of  which  it  forms  a  part,  or  that  Is 
not  directly  and  easily  accessible  to  the  street.  The  election  commissioners  shall  post, 
and  keej)  posted  durln.g  such  election  at  or  near  the  entrance  to  the  room  where  the 
primary  election  is  held,  so  that  said  notice  Is  clearly  visible  from  the  street,  a  con- 
spicuous notice,  calling  attention  to  the  place  at  which  the  primary  election  is  being 
held,  rnofficlal  primary  elections  shall  be  held  at  the  expense  of  the  party  holding 
them.  and.  except  as  herein  otherwise  provided,  shall  be  subject  to  the  rules  of  the 
organization  or  association  calling  the  same.  (lb.,  sec.  13.) 

Sec.  30fi.  Ili-li-Kiiiioiis  filed,  when — i-xpcnscs,  how  paid. — Whenever  an  ofl- 
dal,  or  unofficial,  primary  election  Is  called  under  the  provisions  of  this  act.  the  elec- 
tion commissioners  shall  fix  a  time  within  which  delegations  may  be  filed  in  their 
office,  which  in  no  case  shall  be  less  than  fifteen  days  from  the  date  of  said  call,  and 
the  party,  committeeman,  or  person,  filing  such  delegations,  shall  pay  into  the  office 
of  said  elect icn  commissioners  the  sum  of  twenty  dollars  for  each  delegation  filed  to 
defray  the  expense  of  conducting  such  primary.  Said  commissioners  shall  pay.  or 
ciiu.«ie  to  be  palil.  out  of  the  funds  thus  created,  the  judges  and  clerks  officiating  at 
such  primary  within  ten  days  thereafter,  and  any  balance  of  such  fund  remaining 
over  shall  be  by  said  commissioners  paid  Into  the  city  treasury.     No  delegation  shall 

(f  >    Th.-    inof|i>    of   railing    nominating   convi-nllons    la    prcucrlbed    by    this    section. 

■-■■'.^1   t>y  a  convontion   wh<»re   th*»   olfollon   commissioners   have   not   piibltshecl 

prlnmrl.'.i   an   r>Mnilrc.l   by   this   si'otlon.   Is   not   cntltlod   to  a   place  on   the 
r   vs.   McrnfTfry.   lOS  Mo.  App.    49.   56. 


144  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.  LOUIS.  [CHAP.    9. 

be  received  and  filed  from  any  ward  in  such  city,  or  district  in  such  city,  except  the 
petition  therefor  be  duly  signed  by  each  elector  whose  name  is  submitted  for  delegate 
therein, .and  the  same  be  endorsed  by  at  least  twenty  qualified  electors  of  such  ward, 
evidenced  by  their  signatures  to  a  petition  therfor,  giving  their  residence  address,  and 
such  petition  shall  be  certified  to  by  the  committeeman  or  person  filing  the  same,  who 
shall  make  oath  that  the  same  is  offered  bona  fide,  and  that  the  delegates  named 
therein,  and  the  petitioners  signing  the  same,  are  actually  resident  qualified  voters  of 
tlie  ward  for  which  said  delegation  is  offered,  and  that  all  said  delegates  and  peti- 
tioners are  members  of  the  political  party  whose  primary  Is  to  be  held  under  the  call 
for  such  primary,  and  that  no  name  appears  on  the  list  of  delegates  submitted  therein, 
which  appears  on  any  other  delegation  filed  in  said  ward,  as  he  verily  believes.  The 
election  commissioners  shall  not  receive  and  file  any  subsequent  delegation  from  any 
ward  to  be  voted  for  at  such  primary  which  contains  the  name  of  any  delegate  whose 
name  appears  on  the  list  in  any  former  delegation.  Whenever  a  delegation  is  filed 
from  any  ward  under  the  provisions  of  this  act  the  same  shall  not  be  withdrawn  for 
any  reason,  and  it  shall  be  the  duty  of  the  election  commissioners  to  place  the  same 
on  the  official  ballot  to  be  voted  for  at  such  primary.  All  changes  in  tlie  personnel  of 
any  delegation  shall  be  made  within  three  days  from  tlie  last  day  fixed  for  filing  dele- 
gations, and  shall  be  only  made  at  the  written  request  of  the  person  whose  name  is  to 
be  withdrawn,  or  at  the  written  request  of  a  majority  of  the  electors  composing  such 
delegation,  and  the  person  filing  such  delegation  shall  thereupon  substitute  in  each 
case  of  withdrawal  the  name  of  some  other  qualified  elector  residing  in  the  ward  in 
which  such  change  is  made.  The  party,  committeeman,  or  person,  filing  such  delega- 
tion shall,  at  the  time  he  files  the  same,  submit  to  the  election  commissioners  the 
names  of  three  resident  qualified  voters  of  each  primary  district  in  the  ward  for 
which  such  delegation  is  filed,  for  primary  election  judges  in  such  districts,  together 
with  the  names  of  three  resident  qualiled  voters  of  each  primary  district  in  such 
ward,  for  clerk  and  challenger.  All  the  names  thus  submitted  must  be  of  electors 
belonging  to  the  political  party  for  which  such  primary  is  held,  and  must  be  reputa- 
ble citizens  actually  residing  in  the  primary  district  in  which  they  are  to  serve.  If 
there  be  but  two  delegations  filed  in  any  ward,  the  election  commissioners  shall  select 
two  judges  out  of  the  list  submitted  for  judges  for  each  delegation,  and  one  clerk  and 
one  challenger  out  of  the  list  submitted  therefor.  If  there  oe  more  than  two  delega- 
tions filed  in  any  ward,  the  election  commissioners  shall  select  from  the  list  submit- 
ted with  each  delegation,  one  judge,  one  clerk,  and  one  challenger,  to  represent  the 
same  at  such  primary.  The  judges  and  clerks  thus  selected  shall  qualify  before  a 
member  of  the  board  of  election  commissioners,  or  the  secretary  of  such  board,  in 
the  manner  required  of  judges  and  clerks  who  serve  at  general  state  elections.  If 
any  judge,  clerk,  or  challenger,  thus  appointed  and  qualified,  shall  fail  to  appear  at 
the  poll  at  which  he  was  selected  to  serve  in  any  primary  district,  within  five  minutes 
after  the  time  fixed  for  opening  the  polls  thereat,  the  committeeman,  or  person  who 
submitted  his  name,  or  if  not  present,  some  member  of  the  delegation  in  whose  be- 
half his  name  was  submitted,  shall  choose  another  resident  qualified  voter  in  such 
district,  belonging  to  said  party,  who  shall  qualify  before  one  of  the  judges  present 
in  the  manner  provided  by  law  in  such  cases  at  general  elections,  and  shall  serve  in 
the  place  of  such  absentee.  All  judges  and  clerks  who  serve  at  primary  elections  un- 
der the  provisions  of  this  act  shall  receive  as  compensation  therefor  the  sum  of  three 
dollars  per  day.      (lb.,  sec.  14 — A.) 

Sec.  310.  Proceedings  wlien  candidates  for  office  are  iioniiiiated  by  primary. 
— It  the  general  committee  representing  a  party  in  any  city  to  which  this  act  is  ap- 
plicable, or  the  committee  in  any  district  in  such  city,  shall  determine  to  nominate 
a  candidate,  or  candidates,  for  public  office,  or  committeeman  for  said  party,  by  direct 
vote  of  the  electors,  the  chairman  of  said  committee  shall  notify  the  election  commis- 
sioners of  such  fact,  stating  what  nominations  are  to  be  thus  made,  the  date  fixed  for 
such  primary  election,  and  said  election  commissioners  shall  forthwith  make  publi- 
cation thereof  as  hereinbefore  provided  in  case  the  call  is  for  a  delegate  convention. 
All  candidates  submitting  their  names  for  nomination  for  public  office  at  the  primary 

(*)  Any  twenty  qualified  voters  (in  a  case  arising  under  the  act  of  1S97)  of  a 
ward,  memliers  of  tlie  party  ordering  tlie  primary.  nia>'  l)y  proper  petition  and  tlie 
required  deposit,  liave  tlie  delegates'  names  placed  mi  the  ballots:  and  wlien  the 
delegation  is  duly  recognized  by  tlie  lioard  it  is  duly  nominated  and  eacli  member  en- 
titled to  be  voted  for  and  a  second  petition  by  twenty  other  voters  under  anotlier 
caption  cannot  be  filed  which  lias  the  same  persons  on  its  delegation,  and  which 
would,  if  recognized,  give  tlie  rigjit  to  present  the  names  of  additional  clerks  and 
judges  to   the  election   commissioners:    .Johnson   vs.   .lones.    S2  Mo.   App.    204. 

ITnder  the  same  primary  law  in  force  when  the  above  case  was  decided  (R.  S.  1899. 
sees.  7H6-7161)  it  was  held  that  mass-meetings  held  for  tne  election  of  delegates 
to  a  congressional  convention  were  not  excluded  as  a  lawful  method,  the  law  only 
reciiiiring  that  if  primaries  were  held,  that  then  they  be  held  in  tlie  manner  desig- 
nated: State  ex  rel.  vs.  McCaffery.  160  Mo.  317  (holding  also  that  it  made  no  difference 
that  a.  different  method  had  first  been  determined  on  liy  tlie  committee  if  such  action 
be    properly    rescintled    by    a    full    quorum   of    the    committee). 


ART.   3.]  STATK  LAWS  SPECIALLY  Al'PMC'ABLR  TO  ST.  LOUIS.  14.-, 

thus  called,  shall  file  with  the  election  conimlssioners  within  the  time  fixed  to  file 
delegations  as  iirovlded  in  section  12  of  this  act,  a  petition  duly  slprned  by  at  least 
one  hundred  qualified  electors  of  the  city,  or  If  from  a  district  la  such  city,  then  at 
least  twenty-five  <iuallfled  electors  of  said  district,  and  such  i)etitlon  shall  state  the 
full  name  of  each  candidate,  his  residence  address,  the  office  for  which  he  seeks  a 
iioininatlon.  and  the  political  subdivision,  city,  or  district,  or  ward  In  which  he  seeks 
such  nomination.  After  all  persons  who  desire  to  submit  their  names  as  candidates 
for  non\lnatlon  shall  have  filed  their  petition  as  above  provldeil.  the  election  commis- 
sioners shall  ap(>orlion  anions  such  candidates,  as  nearly  as  may  be.  the  expense  of 
conductlne  said  ]irlmary,  taking  into  account  only  the  sums  of  money  necessary  to 
pay  the  per  diem  of  the  |)rimary  judges  and  clerks,  and  all  candidates  thus  submit- 
ting their  names  for  nomination  shall  within  three  days  after  the  last  day  fixed  for 
filing  their  petitions,  pay  into  the  election  commissioner's  office,  the  amount  assessed 
against  them  as  their  just  proportion  of  such  expense.  Said  election  commissioners 
shall  not  place  the  name  of  any  candidate  for  nomination  on  the  official  i)rlmary  bal- 
lot who  shall  fall  to  fully  comply  with  the  provisions  hereof.  The  judges,  clerks  and 
challengers,  who  serve  at  such  primary  shall  be  selected  by  the  election  commission- 
ers from  lists  submitted  by  the  managing  committee  of  the  party  holding  the  same. 
( lb.,  sec.  I,') — /. ) 

Sec,  311.      Ballots. — If  the  call  for  such  official  primary  election  shall  require 
nominations  to  be  made  by  a  delegate  convention,   the  election   commissioners  shall 
prepare  an   official   ballot  on   white   pa|)er  of  good   quality,   which   shall   contain   the 
names  of  each   delegation   in  any   ward,  grouped   together,   and   side   by   side.     Over 
each  delegation  shall   be  printed  a  caption  designating  the  same,  which   in   no  case 
shall  consist  of  more   than   three  words.    If  the  official   call   for  such  primary  shall 
require  candidates  to  be  nominated   by  the  direct  vote  of  the  electors,   the  election 
commissioners   shall   group   the   names   of   all    the   candidates    for   a   given    office   to- 
gether, with  a  caption  above  each  set  of  candidates,  designating  the  office  for  which 
they  seek  nomination,  and  all  of  said  separate  .groups  of  candidates  shall  be  printed 
on  while  paper  of  good  quality,  and  in  a  single  column.     .\1I  ballots  shall  be  i)rinted 
plainly  in  good  sized  type  and  with  black  ink,  and  all  printing  on  such  ballots  shall 
be  of  uniform  size,  excepting  the  captions   thereon.     After  such   official   ballots   for. 
such  primary  election  shall   have  been   printed,  the  election  commissioners  shall   se- 
curely keei)  the  same  and  deliver  to  the  judges  of  each  primary  district  within  twenty- 
four  hours  preceding  the  time  fixed  for  opening  the  polls  at  said  primary,  a  sufficient 
numlH^r  of  s;»id  ballots  to  accommodate  the  electors  in  each  i)rimary  district.     Such 
ballots  shall  be  by  said  election  commissioners  placed  in  the  ballot-boxes,  which  boxes 
ill  be  securely  locked,  and  the  ballots  and   boxes  shall   be  thus  delivered   to  said 
xes.     The  jmlges  of  primary   election  shall   not  deliver   to  any   elector,   or  other 
^on,  any  of  the  ballots,  until  after  the  opening  of  the  polls,  and  shall  then  deliver 
one  ballot  to  any  elector,  who  shall   vote  the  same,  or  return   it   to  the  judges 
•re  leaving  their  presence.     In  case  an  elector  shall   require  a  second  ballot,   he 
1  return  the  first  one  given  him,  and  the  same  shall  be  by  the  judges  openly  de- 
•ye<l  before  a  second  ballot  shall  be  given  him.     All  tinvoted  ballots,  except  those 
Toyeil  as  above  provided,  shall  be  returned  to  the  office  of  the  election  conimis- 
;kts  in  the  ballot-box  not  containing  voted  ballots,  and  the  same  shall  be  securely 
,  locked.     ( lb.,  sec.  itl. ) 

Soc.   312.      Ilj'gi^tration   Imok-.  open   to  inspection. — The  primary  registration 

.  books  used  at  primary  elections  shall  be  returned  with  the  ballot-boxes,  keys  thereof. 

and  the  ri'gistration  books,  together  with  the  affidavits    certificates  and  other  papers 

'"  this  act  provided,  and  said  registration  books  shall  for  thirty  days  thereafter,  at  all 

^onable  hours,  Sundays  and  public  holidays  excepted,  be  o|)en  to  the  lnsi)ection  of 

■   citizen:   and  any  elector  who  shall   have  voted  at   the  primary  election  held   by 

party  on  any  primary  day  shall  not  be  permitted  to  vote  at  a  primary  election 

'I  by  any  other  parly  during  any  one  primary  election  period,     (lb.,  sec.  17.) 

See.   313.      0|>oninK  of  polls,  and  voting  »•   official   primary  elections, — ,Sul)<li- 
*i«l"n    I.     The  election   commissioners   in    cities   to   w'hich    this   act   is   applicable, 
ill   within   twenty-four  hours  prior  to  the  time  fixed   for  opening  the   polls  at  an 
lal  primary  election,  deliver  to  one  of  the  judges  ap|>ointed  and  qualified  as  re- 
red  in  this  act   In  each   primary  district,  two  of  the  ballot-boxes  used  at  general 
••>  elections,  together  with   the  keys  to  said   boxes.     Such   ballot-boxes  shall  be  se- 
■ly   looked,  and   one  of  them  shall   contain   the  official   ballots   for  such   primary 
rlct.  as  required  in  section  14  of  this  act,  and  said  ballot-boxes  shall  not  be  opened 
il  the  hour  of  one  o'clock  !>.  m.  on  the  day  of  such  official  i)rlmary.     At  said  hour 
!<«id  boxes  shall  be  0|>ened,  ancl  the  one  found  not  to  contain  the  ballots  as  aforesaid 
shall  lie  publicly  examined,  and  nothing  shall  remain  therein.     After  such  last  named 
ballot-box  shall  be  found  to  be  entirely  empty,  the  same  shall  be  closed  and  securely 

I  (/•  In  ai'Icotlnit  lb>'  JudK<-s.  dorks  nnci  rhnllpnKPrs  (\in<l<T  tho  last  .'•cnti-ncc  of 
lhl»  «««rtlnri)  the  floctinn  romnilaslonors  iln  not  art  In  a  Judicial  cnpnrltv.  and  tb** 
■"!•  "<  prohtbltinn  will   not  lie  UKnlnst   tlifm:     Kalbfell   v».   Wood.    193  Mo.   6'a.  «S7,   BS9. 


146  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.  LOUIS.  [CHAP.   9. 

locked,  and  the  ballots  of  all  electors  voting  at  said  primary  shall  be  deposited  therein. 
The  judges  shall  then  declare  the  primary  opened,  provided  all  of  the  judges  and 
clerks  appointed  for  such  primary  district  are  present.  If  any  judge  or  clerk  so  ap- 
pointed shall  be  absent,  his  place  shall  be  filled  as  provided  in  section  12  of  this  act. 
When  such  vacancies,  if  any,  shall  be  thus  filled,  the  judges  shall  declare  the  primary 
opened.  When  any  elector  shall  present  himself  to  the  judges,  and  declare  his  desire 
to  vote,  he  shall  announce  his  name,  and  residnce,  and  if  he  shall  be  found  to  be 
duly  registered  in  the  primary  registration  books  in  his  precinct,  the  judges  of  elec- 
tion, or  a  member  thereof,  shall  deliver  to  him,  unfolded,  an  official  ballot.  Thereupon 
and  before  voting,  the  elector  shall  retire  into  one  of  the  booths  of  the  polling  place. 
Immediately  upon  entering  such  booth,  the  elector  shall  prepare  his  ballot  by  striking 
out  with  indelible  pencil  which  shall  be  provided  by  the  election  commissioners,  all 
but  one  of  the  delegations  on  the  official  ballot.  The  elector  may  strike  out  any  name 
on  the  remaining  delegation,  and  insert  in  lieu  thereof  any  name  ajipearing  on  any 
delegation  stricken  out.  If  the  purpose  of  such  primary  is  to  nominate  candidates  by 
direct  vote  of  the  electors,  each  elector,  on  receiving  his  ballot  in  ihe  manner  above 
provided,  shall  retire  into  one  of  the  booths  and  prepare  his  bailot  by  striking  out  all 
names  on  his  ballot  except  the  names  of  the  candidates  for  whom  he  wishes  to  vote, 
but  such  ballot,  when  so  prepared,  shall  not  contain  the  names  of  more  than  one 
candidate  for  a  given  office.  The  elector  shall,  upon  leaving  such  booth,  be  permitted 
to  vote  by  delivering  to  one  of  the  judges  the  ballot  thus  by  him  prepared,  but  the 
same  shall  be  so  folded  that  none  of  the  printed  or  written  matter  on  the  inside 
thereof  shall  be  visible.  If  any  elector  shall  be  unable  to  read  or  write,  he  may 
publicly  request  one  of  the  judges  of  election  to  enter  the  booth  with  him  and  assist 
in  preparing  his  ballot,  but  said  judges  shall  alternate  in  rendering  assistance  to 
electors  requesting  the  same.  The  ballot  thus  prepared  shall  be  folded  as  above  pro- 
vided before  it  is  delivered  to  the  receiving  judge.  The  judge  to  whom  such  ballot 
Is  delivered  shall,  unless  the  right  of  the  elector  offering  to  vote  shall  be  challenged, 
at  once  and  in  the  presence  of  the  elector  deposit  the  ballot  in  the  proper  ballot-box, 
and  one  of  the  judges  of  election  shall  immediately,  in  the  presence  of  such  elector, 
enter  upon  the  poll-books  in  the  proper  column  opposite  his  name  the  word  "voted." 
If  any  challenger  officiating  at  said  primary  polling  place,  or  any  judge  or  clerk  offi- 
ciating thereat,  shall  challenge  the  right  of  any  elector  to  vote  at  such  primary,  the 
person  making  such  challenge  must  state  his  grounds  therefor,  and  one  of  the  judges 
shall  immediately,  in  the  presence  of  such  elector,  enter  in  the  proper  column  in  the 
primary  registration  books  the  word  "challenged,"  and  the  date  thereof.  Such  chal- 
lenge must  be  made  before  the  ballot  prepared  by  the  elector  shall  have  been  deposited 
in  the  ballot-box.  In  case  the  right  of  an  elector  to  vote  be  challenged,  one  of  the 
judges  of  such  primary  shall  forthwith  put  to  him  an  oath  or  affirmation  to  answer 
truly  such  questions  as  shall  be  put  to  him,  and  he  shall  be  allowed  to  vote  if,  and 
only  if,  he  shall  make  such  oath  or  affirmation,  and  shall  answer  in  the  affirmative 

each  of  the  following  questions:     "Are  you ?"   (using  the  name  which 

he  has  given  as  his  name) .    "Do  you  reside  at and  is  such  your  present 

and  only  home?"  (giving  the  address  that  he  has  given  as  his  residence).  "Are  you 
a  registered  and  qualified  voter  of  the  election  precinct  in  which  you  now  reside?" 

"Are  you  a  ?"   (giving  the  name  of  the  party  holding  the  primary).     If 

such  elector  shall  make  oath  that  he  will  truly  answer  such  questions,  and  shall 
answer  in  the  affirmative  each  of  the  questions  above  given,  one  of  the  judges 
shall  immediately  enter,  in  the  proper  column  in  the  primary  registration  books,  in 
the  presence  of  the  elector,  the  words  "oath  administered,"  and  the  ballot  of  such 
elector  shall  then  be  received  and  deposited  in  the  ballot-box:  Provided,  hoivever, 
that  any  challenger,  judge,  or  clerk,  making  challenge  of  the  right  of  such  elector  to 
vote  may  require  a  further  identification  of  such  elector  by  comparison  of  his  signa- 
ture, and  in  such  case  the  judges  shall  require  the  elector  to  sign  his  name  on  slips 
provided  therefor  made  of  white  paper  and  of  good  quality,  and  the  judges  shall 
thereupon  compare  the  signature  thus  written  by  such  elector  with  the  signature  op- 
posite the  name  on  which  such  elector  offers  to  vote  on  the  original  primary 
election  books.  If  the  judges  after  making  comparison  shall  believe  that 
such  challenged  elector  is  entitled  to  vote,  they  shall  receive  his  ballot  and  deposit 
the  same  in  the  proper  ballot-box,  and  one  of  the  judges  shall  immediately  enter  in 
the  proper  column  in  the  primary  registration  books,  in  the  presence  of  such  elector, 
the  word  "voted."  If  such  elector  shall  fail  in  any  way  to  comply  with  the  above 
provisions  he  shall  not  be  allowed  to  vote  at  such  primary.  Each  ballot  shall  have 
written  on  the  back  thereof  the  initials  of  at  least  two  of  the  judges  before  the  same 
is  offered  to  the  elector,  but  such  ballot  shall  not  be  marked  for  identification  in  any 
other  way.  No  person  shall  cast  more  than  one  ballot.  The  judges  shall  declare  the 
primary  election  closed  promptly  at  the  hour  of  eight  o'clock  p.  m.  ou  such  primary 
day. 

Subdi\ision  2.     From  the  time  of  the  opening  of  the  polls  until  the  result  of 
the  canvass  of  the  votes  cast  thereat  shall  have  been  announced,  and  the  official  state- 


ART.   3.1  STATIC  LAWS  SPECIALLY  APPLICABLE  TO  ST.  LoriS.  147 

uient  of  such  canvass  shall  have  been  duly  signed,  the  ballot-box  and  all  ballots  shall 
be  kept  within  the  polling  place.  No  person  shall  be  admitted  within  the  polling 
place  during  such  period,  e.xcepting  primary  election  judges  and  clerks,  and  duly 
authorized  watchers  or  challengers,  e.\cei)t  persons  duly  admitted  tor  the  purpose  of 
voting,  officers  admitted  by  the  judges  to  preserve  order  or  enforce  the  law,  and  per- 
sons admitted  under  the  provisions  of  subdivision  3  next  following. 

Siibdivisiuii  3.  Watchers,  not  exceeding  one  for  each  election  district,  may 
be  appointed  by  any  political  committee,  and  by  two  or  more  persons  whose  names 
are  upon  any  delegation  or  ticket  to  be  voted  for  at  such  primary  election  by  direct 
vote.  Such  watchers  may  be  present  at  such  polling  jilacc  and  within  the  same  from 
at  least  fifteen  minutes  before  the  opening  and  examination  of  the  ballolboxs  at  the 
opening  of  the  polls  at  such  primary  election  until  such  primary  is  declared  open  by 
the  judges;  said  watchers  shall  then  retire  from  the  i)olling  place,  but  shall  have  tree 
communication  with  the  challengers  therein,  and  when  the  i>olls  are  declared  closed  by 
the  judges  said  watchers  may  re-enter  the  polling  place  and  there  remain  until  after 
the  announcement  of  the  result  of  the  canvass  of  the  votes  cast  thereat  and  the 
signing  of  the  statement  thereof  by  the  judges.  Electioneering  shall  not  be  allowed 
within  any  polling  place,  nor  shall  it  be  allowed  within  fifty  feet  of  the  door  through 
which  electors  desiring  to  vote  shall  enter.  No  police  officer,  or  deputy  sherifl,  or 
other  |)eace  officer  shall  remain  with  any  polling  place  except  when  called  in  by  one 
of  the  judges,  and  then  only  so  long  as  may  be  necessary  to  quell  actual  or  threat- 
ened breaches  of  the  jieace.  or  enforce  the  law.  Any  candidate  being  voted  for  for 
nomination  for  public  office  at  any  primary  may  be  his  own  watcher  if  he  so  desires, 
desires. 

Sec.  314.  Caiiva.ss  of  votes. — Subdivision  1.  As  soon  as  the  polls  at  any 
official  primary  election  shall  close  the  judges  of  election  shall  forthwith  publicly 
canvass  and  ascertain  the  result  thereof,  and  they  shall  not  adjourn  or  postpone  the 
canvass  until  it  shall  have  been  fully  completed.  All  questions  touching  the  validity 
of  ballots  or  their  conformity  with  the  provisions  of  this  act  shall  be  determined  by 
said  judges.  The  room  in  which  such  canvass  is  made  shall  be  clearly  lighted,  and 
such  canvass  shall  be  made  in  plain  view  of  the  public,  and  in  plain  view  of  the 
watchers  representing  the  parties  as  hereinbefore  provided.  The  judges  shall  proceed 
to  canvass  the  vote  liy  counting  the  total  number  of  ballots  found  in  the  box  to  have 
been  voted,  and  comparing  the  number  of  ballots  so  found  to  have  been  voted  with 
the  number  of  electors  marked  "voted"  on  the  original  primary  registration  books. 
They  shall  then  proceed  to  count  the  number  of  votes  received  by  all  persons  voted 
for  by  direct  vote  of  the  people  for  any  office,  and  make  out  a  statement  which  shall 
be  signed  by  them  showing  the  total  number  of  votes  cast  for  each  such  person  running 
for  a  particular  office  named  and  shall  certify  the  result  over  their  own  signatures 
to  the  election  commissioners  immediately  after  such  canvass  is  completed.  In  case 
Ihe  purpose  of  such  primary  shall  be  to  elect  delegates  to  a  political  convention,  said 
Judges  shall  first  verify  the  number  of  ballots  voted  in  the  ballot-box  with  the  number 
of  electors  marked  "voted"  on  the  original  primary  registration  books,  and  they  shall 
thereafter  canvass  the  number  of  votes  cast  for  each  person  whose  name  is  voted  for 
at  such  primary  for  delegates  to  any  convention,  and  immediately  certify  to  the  elec- 
tion commissioners  over  their  own  signatures  the  names  of  all  persons  voted  for  as 
delegates  and  the  number  of  votes  cast  for  each.  If  two  or  more  ballots  shall  be 
found  In  the  ballot-box  so  folded  together  as  to  present  the  appearance  of  a  single 
Iwllot  they  shall  be  destroyed,  if  the  whole  number  of  ballots  in  such  box  exceed  the 
whole  number  of  electors  marked  "voted."  as  shown  by  the  registration  books,  and 
not  otherwise.  If  any  ballot  shall  be  rejected  as  void,  the  reason  for  such  rejection 
shall  be  written  on  the  back  thereof  by  one  of  the  judges,  or  by  the  clerk  of  election 
at  the  direction  of  one  of  the  judges.  All  ballots  returned  as  void  shall  be  secured 
In  a  separate  sealed  package,  which  shall  be  eJidorse<l  on  the  outside  thereof  with 
the  names  of  the  judges,  the  designation  of  the  election  district  and  the  ward,  and 
the  number  and  kind  of  ballots  contained  therein.  Such  package  shall  be  filed  by  the 
jadges  of  election,  together  with  the  original  statement  of  the  canvass,  with  the  elec- 
tion commisslonent. 

Salxlivision  2.  Immediately  upon  tho  completion  of  such  canvass  the  judges 
Id  each  primary  district  shall  make  public  oral  proclamation  of  the  result  thereof. 
and  shall  make  a  written  statement  of  such  result  for  such  primary  district  In  said 
ward,  ami  also  a  duplicate  thereof,  which  shall  be  known  as  the  duplicate  statement. 
Immediately  after  the  completion  of  such  statements,  the  judges  shall  file  the  original 
thereof  with  the  election  commissioners,  together  with  all  ballots  marked  "void"  as 
hereinlH-forp  provided  and  shall  i)ost  the  duplicate  statement  in  a  conspicuous  place 
In  said  polling  place,  and  It  shall  be  unlawful  for  any  person  or  persons  to  In  any  way 
tear  down,  or  remove,  or  deface,  or  displace,  or  destroy  said  duplicate  statement  so 
posted,  for  three  days  after  the  date  when  such  primary  election  is  held. 

SiiNllvlslon  3.  .-\t  all  reasonable  times  any  elector  shall  have  reasonable  op- 
portunity to  make  a  transcript  of  such  statement  or  any  portion  thereof,  anri  any 
candidate  shall  be  entitled  to  receive,  upon  demand,  a  written  statement  showing  the 


148  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.  LOUIS.  [CHAP.   9. 

result  of  the  primary  election,  so  far  as  he  is  concerned,  in  any  one  or  more  primary 
districts  in  such  city.  After  the  close  of  the  canvass  of  the  votes  at  primary  elections, 
the  ballots  cast  thereat  except  those  rejected  as  void,  shall  be  placed  in  one  of  the 
ballot-boxes,  which  at  the  time  shall  be  empty,  and  such  ballot-boxes  shall  then  be 
securely  locked  and  sealed,  and  shall  be  returned  to  the  election  commissioners  from 
whom  such  boxes  were  received,  who  shall  safely  keep  the  same;  subject,  however, 
to  be  produced  upon  the  order  of  any  court  of  record  or  judge  thereof,  for  not  less 
than  thirty  days  after  the  primary  election,  when  the  ballots  shall  be  removed  and, 
without  examination,  be  destroyed. 

Subdivision  4.  The  election  commissioners  shall  forthwith  proceed  to  can- 
vass the  statements  so  filed,  and  shall  forthwith  declare  the  results  of  such  primary 
election,  which  result  shall  be  entered  of  record  in  the  office  of  such  commissioners 
in  a  book  to  be  provided  therefor,  which  book  shall  be  open  at  all  reasonable  times 
to  the  inspection  of  the  public.  In  case  the  purpose  of  said  primary  shall  be  to  elect 
delegates  to  any  political  convention,  the  election  commissioners  shall  issue  certifi- 
cates duly  signed  and  sealed,  certifying  to  the  election  of  each  delegate  who  is  en- 
titled to  admission  as  a  delegate  to  the  convention,  as  shown  by  the  results  of  said 
primaries,  and  such  certificate  so  held  by  such  delegate  shall  entitle  him  to  a  seat  in 
such  convention  and  to  participate  in  the  preliminary  organization  thereof.  In  case 
the  purpose  of  said  primary  is  to  vote  for  the  nomination  of  a  candidate  or  candi- 
dates for  public  office,  or  for  committeemen  of  any  political  party,  by  direct  vote  of 
the  people,  the  election  commissioners  shall  issue  a  certificate  to  the  person  having 
received  the  highest  number  of  votes  for  any  office  in  the  city  if  such  primary  is 
confind  to  the  entire  city  and  in  a  district  if  confined  to  a  district,  and  in  a  ward  if 
confined  to  a  ward,  and  such  certificate  so  issued,  signed,  sealed  and  delivered  to 
such  candidate  shall  be  prima  facie  evidence  of  his  nomination  for  the  office  therein 
named.     (lb.,  p.  159,  sec.  19.) 

Sec.  315.  Judges  aiid  clerks  to  sign  returns. — No  judge  or  clerk  of  primary 
election  shall,  without  reasonable  cause,  refuse  to  join  in  signing  and  certifying, 
with  such  objections  as  he  may  wish  to  note,  the  returns  of  any  primary,  or  in  any 
way  interfere  with  the  returning  to  the  board  of  election  commissioners  of  any  bal- 
lots, books,  lists,  papers  and  boxes  pertaining  to  such  primary.     (lb.,  p.  IGl,  sec.  20.) 

Sec.  316.  Committees  and  rules  and  resnl'^t'ons  of  imrties. — Subdivision  1. 
Each  party  shall  have  a  general  committee  for  each  county  to  which  this  act  is  ap- 
plicable, and  the  city  of  St.  Louis  shall  be  construed  as  a  county  for  the  purposes  of 
this  act.  Any  party  may  also  have  committees  in  and  for  such  other  political  sub- 
divisions of  such  county  or  cities  as  the  rules  and  regulations  of  such  party  may 
prescribe.  All  members  of  general  committees,  including  congressional,  and  senatorial 
district  committees,  chosen  in  and  for  any  city  or  district  to  which  this  act  is  appli- 
cable, shall  be  elected  biennially  at  the  primary  elections  on  the  day  of  primary  for 
nominating  candidates,  or  electing  delegates  to  delegateconvention  to  nominate  can- 
didates for  circuit  judge,  sheriff,  and  other  county  officers:  Provided,  however,  that 
in  all  cities  and  counties  to  which  this  act  is  applicable,  there  may  be  called  a  pri- 
mary election  prior  to  the  fij-st  official  primary  day  held  under  the  provisions  of  this 
act,  at  which  there  may  be  elected  members  of  all  political  committees  for  such  cities, 
or  political  subdivisions  thereof,  which  jjrimary  election  shall  only  be  called  by  au- 
thority of  the  now  existin.g  political  committees  of  such  cities.  In  case  a  primary  or 
primaries  shall  be  called  for  the  purpose  of  electing  such  committeemen  to  represent 
any  political  party  prior  to  first  official  primary  day  under  the  provisions  of  this  act. 
such  special  primary  election  so  called  shall  be  subject  to  all  the  provisions  of  this 
act  and  shall  be  conducted  under  the  provisions  of  this  act,  except  the  expenses 
thereof  shall  not  be  paid  as  herein  provided  for  the  payment  of  the  expenses  of  offi- 
cial primaries. 

Snl>division  2.  The  ru^s  and  regulations  of  parties  and  of  the  conventions 
and  committees  thereof  shall  not  be  contrary  to  or  inconsistent  witn  the  provisions 
of  this  act,  or  of  any  other  law  of  this  state,  and  shall  not  be  amended  except  upon 
reasonable  notice.  Every  political  committee  shall,  within  ten  days  after  its  organi- 
zation, file  with  the  election  commissioners  a  certificate  spefifying  the  names  and  ad- 
dresses of  its  chairman  and  secretary.  If  any  change  shall  thereafter  be  made  as  to 
either  of  said  officers,  a  like  certificate  shall  be  filed  with  said  commissioners.  (lb., 
sec.  21.) 

Sec.  317.  Conventions. — The  delegates  to  every  party  convention  in  and  for 
any  city  to  which  this  act  is  applicable,  or  district  in  such  city,  shall  be  apportioned 
among  the  wards  in  such  city,  or  district,  as  nearly  as  possible  upon  the  basis  of  the 
number  of  votes  cast  therein  for  the  party  candidate  for  governor  at  the  last  preced- 
ing general  election,  or  for  supreme  judge,  if  the  office  of  governor  was  not  filled  at 
such  general  election.  If  the  boundaries  of  any  such  ward  or  district  shall  have  been 
changed  since  the  last  preceding  general  election,  the  party  vote  tor  governor  or 
supreme  judge,  at  such  election  within  the  limits  of  such  newly  constituted  ward  or 
district  shall  be  estimated  as  closely  as  possible,  and  the  apportionment  of  delegates 
shall  be  made  in  accordance  with  such  estimate.     The  room  designated  for  the  meet- 


AKT.   3.1  STATi:  LAWS  SPKCIALLY  AlT'LICABl-i;  TO  ST.  LOUIS.  l^Q 

iug  place  of  any  convention  shall  have  ample  seating  capacity  for  all  delegates  and 
allernates.  Every  convention  shall  be  called  to  order  by  the  chairman  of  the  com- 
mittee from  whom  the  call  originates,  or  by  a  person  designated  in  writing  for  the 
purpose  by  such  ctialruuin,  and  such  chairman  or  person  so  designated  shall  have  the 
custody  of  the  roll  of  the  convention  until  it  shall  have  been  organized.  No  conven- 
tion shall  proceed  to  the  election  of  a  temporary  chairman  or  transact  any  business 
until  the  time  fixed  for  the  opening  thereof  has  arrived  and  at  least  a  majority  of  the 
delegates  named  in  the  official  rolls  shall  be  present.  The  roll  call  upon  the  election 
of  a  temporary  chairman  shall  not  be  delayed  more  than  one  hour  after  the  time 
specified  in  the  call  for  the  opening  of  the  convention:  Provided,  a  majority  of  the 
delegates  are  present.  The  temporary  chairman  of  the  convention  shall  be  chosen 
on  a  call  of  the  roll.  The  person  who  calls  the  convention  to  order  shall  exercise  no 
other  function  than  that  of  calling  the  official  roll  of  the  delegates  upon  the  vole  for 
temporary  chairman  and  the  declaring  of  the  result  thereof.  The  committees  of  a 
convention  shall  be  appointed  by  the  convention,  or  by  the  temporary  chairman,  as 
the  convention  may  order.  Unless  the  convention  shall  otherwise  order,  the  per- 
manent chairman  shall  be  chosen  on  roll  call.  The  permanent  officer 
shall  keep  the  records  of  the  convention  and  within  forty-eight  hours 
after  the  adjournment  thereof,  shall  certify  and  file  the  same  in  the  office  of  the  elec- 
tion commissioners,  before  entering  upon  their  duties,  the  temporary  and  permanent 
chairman  of  every  convention,  and  the  chairman  of  any  committee  on  contested  seats 
therein,  shall  respectively  take  an  oath  to  faithfully  perform  the  duties  of  their  of- 
fices, which  oath  may  be  taken  before  any  officer  authorized  by  law  to  administer  an 
oath,  and  shall  form  a  part  of,  and  be  filed  with,  the  records  of  the  convention.  Each 
convention  shall  decide  all  questions  as  to  contested  seats  therein.  (lb.,  p.  162, 
sec.  22 — HI.) 

Sec.  31S.  Jurisdiction  of  oiul  review  by  the  coiirtK. — Any  action  or  neglect 
of  the  officers  or  members  of  a  political  convention  or  committee,  or  of  any  judge  or 
clerk  of  i>rimary  election,  or  of  any  public  officer,  or  board,  with  regard  to  the  right 
of  any  person  to  participate  in  a  primary  election,  convention  or  committee,  or  to 
register,  or  with  regard  to  any  right  given  to,  or  duly  prescribed  for,  any  elector, 
political  committee,  political  convention,  officer  or  board,  by  this  act.  shall  be  review- 
able by  the  appropriate  remedy  of  mandamus  or  certiorari,  as  the  case  may  require. 
In  addition  thereto,  the  supreme  court  of  this  state,  or  any  justice  thereof,  or  the 
court  of  appeals  having  jurisdiction  over  any  city  to  which  this  act  is  applicable,  or 
any  judge  of  such  court  of  appeals,  or  the  circuit  court  of  any  such  city,  or  any 
Judge  of  such  circuit  court,  shall  have  summary  jurisdiction,  upon  complaint  of  any 
citizen,  to  review  such  action  or  neglect.  Such  complaint  shall  be  heard  upon  such 
notice  as  the  said  court  or  justice  or  judge  thereof  shall  direct.  In  reviewing  such 
action  or  neglect,  the  court  or  justice  or  judge  shall  consider,  but  need  not  be  con- 
trolled by  any  action  or  determination  of  the  regularly  constituted  party  authorities 
upon  the  questions  arising  in  reference  thereto,  and  make  such  decisions  and  order 
as.  under  all  the  facts  and  circumstances  of  the  case,  justly  may  require.  For  any  of 
the  purposes  of  this  section,  service  of  a  writ  of  mandamus,  certiorari,  order  or  other 
process  of  such  court,  or  justice  or  judge  thereof,  upon  the  chairman  or  secretary  of 
ich  convention,  comniitiee  or  bo;.rd  shall  1.-^  sufficient.     (lb.,  sec.  23 — n.) 

S«»c.  319.  Optional  to  certain  parties.- — No  party  which,  at  the  last  preceding 
election  of  a  governor  or  supreme  judge,  cast  less  than  ten  thousand  votes  for  gov- 
ernor or  supreme  judge,  shall  be  subject  to  the  provisions  of  this  act,  unless,  on  or 
before  the  first  day  of  May,  in  any  year,  such  party  shall  elect  to  come  in  under  the 
same.  The  evidence  of  such  election  shall  be  a  certificate  filed  by  the  chairman  and 
secretary  of  the  state  committee  of  such  party  with  the  election  commissioners  in 
each  city  in  this  state  to  which  this  act  is  applicable.  In  case  such  a  certificate  shall 
be  so  filed,  the  party  on  behalf  of  which  it  is  filed  shall  be  subject  to  the  provisions 
of  this  act  on  and  after  the  date  of  filing  the  same  with  said  election  commissioners 
and  thereafter  its  registration,  primary  elections,  conventions  and  committees  shall 
proceed,  in  accordance  therewith,  until  such  time  as  a  certificate  of  its  election  to  be 
no  longer  subject  to  the  provisions  of  this  act  shall  be  filed  with  the  officers  above 
•aentloned.     (lb.,  p.  163.  sec.  24.) 

Sec.  3  20.  Crimes  and  puni.shnient.s. — -Misdemeanors  at.  or  In  connection  with, 
political  caucuses,  primary  elections,  registrations,  committees  and  conventions.  Any 
person  who: 


.  -, .  .'.  liether  district  delegates  are  duly  accredltod  c.r  not  Is  to  be  settled  by  the 
ity  convention:      Slob.T  vh.  .Me('ufrtT>-.   lOS  Mo.  App.  49,  60. 

<»)  ThI.i  soctlon  (!i<-c.  23  of  act  of  ISOI)  iloi-.s  not  authorize  the  circuit  court  by 
certiorari  to  (llrcct  the  olfotlon  rommls»lon<Ts  and  clerk.s  to  brln^  Into  court,  nftor 
•  primary  diTtlon  ami  h.-forc  ii  (■■'rtinint<-  of  clfctlon  Is  isi.suod.  the  bnllol.i.  ballot 
boxes,  poll  hook.i  unci  returns  In  oril.-r  Ibnt  the  count  may  he  niude  by  direction  of 
tn«>  court:  ttint  section  does  not  purport  to  cover  a  contested  election  with  either 
MrtlornrI  or  mnmlnmus.  nnil  hence  neither  writ  Is  "appropriate:"  .State  ex  rel.  vs. 
Rrvnolds     I'J"    M..     ".Ts       s...    ii.,.>    ,it...|       <i..i,.  ■■    ,«     McCafrery.   lOS  Mo.   App.    '     •■     ''•' 


150  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.  LOUIS.  [CHAP.   9. 

1.  At  a  political  caucus,  or  at  a  primary  election  of  a  party,  willfully  votes,  or 
attempts  to  vote  without  being  entitled  to  do  so  or  votes,  or  attempts  to  vote  on  any 
name  other  than  his  own,  or  more  than  once  on  his  own  name;  or 

2.  Votes,  or  attempts  to  vote,  at  a  political  caucus  or  at  a  primary  election  of  a 
party,  having  voted  at  the  political  caucus  or  primary  election  of  any  other  political 
party  in  any  one  primary  period,  or  votes,  or  attempts  to  vote,  at  the  primary  election 
of  a  party  other  than  the  party  to  which  he  belongs;  or  ' 

3.  At  a  political  caucus,  or  at  a  primary  election,  for  the  purpose  of  affecting 
the  result  thereof,  votes  or  attempts  to  vote,  two  or  more  ballots,  or  adds  or  attempts 
to  add  any  ballot  to  those  lawfully  cast  by  fraudulently  introducing  the  same  into  the 
ballot-box  before  or  after  the  ballots  therein  have  been  counted,  or  who  adds  to  or 
mixes  with,  or  attempts  to  add  to  or  mix  with,  the  ballots  lawfully  cast,  another  ballot 
or  other  ballots  before  the  votes  have  been  counted  or  canvassed,  or  while  the  votes  are 
being  counted  or  canvassed;  or  at  any  time  abstract  -any  ballots  lawfully  cast,  with 
intent  to  change  the  result  of  such  election,  or  to  change  the  count  thereat,  in  favor 
of  or  against  any  person  or  persons  voted  for  at  such  election,  or  to  prevent  the  bal- 
lots being  recounted  or  used  in  evidence;  or  carries  away,  destroys,  loses,  conceals, 
detains,  secretes  or  mutilates,  or  attempts  to  carry  away,  destroy,  conceal,  detain, 
secrete  or  mutilate,  any  tally  lists,  ballots,  ballot-boxe?;,  registration  books,  certificates 
of  return,  or  any  official  documents  provided  for  by  the  primary  election  law,  or 
otherwise  by  law,  for  the  purpose  of  affecting  or  invalidating  result  of  such  election, 
or  destroying  evidence;  or  any  manner  interferes  with  the  officers  holding  any  pri- 
mary election  or  conducting  the  canvass  of  the  votes  cast  thereat,  or  with  voters  law- 
fully exercising,  or  seeking  to  exercise,  their  right  of  voting  ac  such  primary  elec- 
tion;  (o)  or 

4.  For  the  purpose  of  being  allowed  to  vote  at  a  primary  election  as  a  member 
of  a  political  party,  makes  and  files,  or  makes  or  files,  with  the  election  judges,  or 
with  any  other  public  officer,  or  the  election  commissioners,  a  false  declaration  of 
party  affiliation  or  residence,  or  falsely  answers  any  pertinent  questions  asked  him 
by  the  election  judges,  or  by  any  public  officer,  or  the  election  commissioners;  or 

5.  Fraudulently  or  wrongfully  does  any  act  tending  to  affect  the  result  of  any 
election  at  a  political  caucus  or  of  a  primary  election  or  convention;   or 

6.  Induces,  or  attempts  to  induce,  any  officer,  teller,  canvasser,  or  primary  elec- 
tion judge  or  clerk  at  a  political  caucus  or  primary  election  or  convention,  to  do  any 
act  in  violation  of  his  duty,  or  in  violation  of  the  election  law  or  the  primary  election 
law;   or 

7.  Directly  or  indirectly,  by  himself  or  through  any  other  person,  pays  or  offers 
to  pay,  money  or  other  valuable  thing,  or  promises  a  place  or  position,  or  offers  any 
other  consideration  or  makes  any  other  promise,  to  any  person,  to  induce  any  voter 
or  voters  to  vote,  or  refrain  from  voting  at  a  political  caucus,  primary  election,  or 
convention,  for  or  against  any  particular  person  or  persons,  or  does  or  offers  to  do 
anything  to  hinder  or  delay  any  elector  from  taking  part  in  or  voting  at  a  political 
caucus  or  at  a  primary  election;  or 

8.  By  menace  or  other  unlawful  or  corrupt  means,  directly  or  indirectly  influ- 
ences or  attempts  to  influence  the  vote  of  any  person  entitled  to  vote  at  a  political 
caucus,  primary  election  or  convention,  or  obstructs  such  person  in  voting  or  pre- 
vents him  from  voting  thereat;  or 

9.  Directly  or  indirectly,  by  himself  or  through  any  other  person,  receives  money 
or  other  valuable  thing,  or  a  promise  of  a  place  or  position,  before,  at,  or  after  any 
political  caucus,  primary  election  or  convention,  for  voting  or  refraining  from  voting, 
for  or  against  any  person  or  for  voting  or  refraining  from  voting  at  a  political  cau- 
cus, primary  election  or  convention;  or 

10.  Being  an  officer,  canvasser,  primary  judge  or  clerk  at  a  political  caucus  or 
at  a  primary  election,  knowingly  permits  any  fraudulent  vote  to  be  cast,  or  know- 
ingly receives  and  deposits  in  the  ballot-box  any  ballots  offered  by  any  person  not 
qualified  to  vote;   or 

11.  Being  an  officer,  election  commissioner,  election  judge,  poll  clerk,  primary 
judge  or  clerk,  knowingly  registers,  or  attempts  to  register,  upon  any  of  the  primary 
registration  books,  any  person  not  qualified  to  register,  or  fraudulently  enters  there- 
upon, the  name  of  any  person,  or  refuses  or  willfully  neglects  to  register  upon  any 
of  the  primary  registration  books  the  name  of  any  qualified  person  who  has  demanded 
to  be  registered,  or  at  any  time  strikes  from  any  of  the  registration  books  the  name 
of  any  person  duly  registered,  or  at  any  time  adds  to  any  of  the  registration  books 
the  name  of  any  person  not  qualified  to  be  registered,  or  mutilates,  alters  or  destroys, 
any  statement  or  declaration  made  by  a  qualified  voter  for  the  purpose  of  registering 
or  voting;   or 

12.  Being  an  officer,  canvasser,  election  judge,  primary  judge  or  clerk,  or  elec- 
tion commissioner,  willfully  omits,  refuses  or  neglects  to  do  any  act  required  by  the 

(„  )      Sululivisioi-i  3:      State  vs.  Flyiin.  110  Mo.  App.  V12.  723. 


iVKT.   3-4.1 


STATK  LAWS  SPECIAM.Y  AI'I'I.ICAUM-:  To  ST.  LOITS. 


151 


l>rlmary  election  law.  or  otherwise  by  law,  or  violates  auy  of  the  provisions  of  tho 
primary  election  law,  or  makes  or  attempts  to  make  any  false  canvass  of  the  ballots 
cast  at  a  political  cancus.  primary  election  or  convention,  or  a  false  statement  of  the 
result  of  a  canvass  of  the  ballots  cast  thereat;  or 

13.  Being  an  election  commissioner,  or  an  officer  of  a  political  committee,  or  of 
a  convention,  who  Is  charged  with,  or  assnmes,  the  duty  of  making  up  the  preliminary 
roll  of  any  convention,  willfully  Includes  in  such  roll  the  name  of  any  person  not 
certltled  to  be  elected  thereto  in  accordance  with  the  provisions  of  law,  or  who  will- 
fully omits  from  such  roll  the  name  of  any  person  who  is  so  certified  to  be  a  delegate 
to  such  convention;   or 

14.  Who  tears  down,  removes,  defaces  or  destroys  or  displaces,  or  attempts  to 
tear  down,  remove,  deface  or  destroy,  or  displace  the  duplicate  statement  of  the  result 
of  any  primary  election,  posted  up  in  the  polling  place  where  such  primary  has  been 
held.  In  accordance  with  subdivision  2,  of  section  S  of  this  act;  Is  guilty  of  a  mis- 
demeanor, punishable  by  imprisonment  for  not  more  than  one  year,  not  less  than  six 
months,  or  by  a  fine  of  not  more  than  five  hundred  dollars,  or  by  both  such  tine  and 
Imprisonment.     (lb.,  p.  163.  sec.  25.) 

Sec.  321.  Inconsistent  acts  repealed. — All  acts  and  parts  of  acts  Inconsistent 
with  the  provisions  of  this  act  are  hereby  repealed.     (lb.,  p.  1G5,  sec.  2G.) 

AUTICl.K  IV. 

Primary  Election  Law  of  March  18,  1907,  (Session  Laws  1907,  pages  263- 
:70;  applicable  In  all  cases  except  as  Indicated  in  section  one  thereof*). 

AN  ACT  to  provljo  for  party  nominations  by  direct  vote. 


SECTION 

1.  Shall   oppl.v    to   what   ofTlces. 

2.  Whore    and    wlien    held. 
Secretary    state    to    certify    names. 
County    clerk    to    publish. 
Form   of    baiiOt. 
Nomination    papers — form. 
Tetltlon    for   nomination. 
Qualillcatlon   of   signers. 
F'etltlon    shall    he   signed    by    whoin. 
Basis  of   percentage,    how  determined. 
Nomination   pap«rs,   where   tiled. 
I>uty    of   secretary    of    state. 
Notice   to    be   published. 
How    published. 
Ballots   to    be    printed. 
Clerk   to   prepare  sample   ballot. 
<!'o»ts  of  election — how   paid. 
Names,      now      arranged — manner     of 

voting. 

Vacancies — how    IllleU. 

Qualincatlon    of    voter. 

Party     committee     to     appoint     chal- 
lengers. 


S. 
4. 


6. 


». 
10. 
U. 
l:". 
13. 
M. 
15. 
1«. 
IT. 

is. 

1». 
(0. 
II. 


SECTION 

22.  Vote — how    canvassed. 

23.  Returns — how     made. 

24.  Returns,    how    canvassed. 

25.  Who   declared    the   nominee. 

26.  Secretary   of  state   to   certlf.v   result. 

27.  Secretary    state    to    certify    to    county 

clerk. 

28.  Party     committeeman — how    elected — 

platform,    how    made. 
Tie  vote   to   be  determined   by   lot. 

30.  Secretary  of  State    to   furnish   forms — 

August  primary  day  to  be  holiday. 

31.  Corrupting    voters — penalty. 

31a.  Quallllcatlon   of  judges   and   clerks. 

32.  Certain   provisions  of  general  election 

law    to   apply. 
32a.  Authorizing  election  commissioners  In 
St.  Louis. 

33.  Repealing  inconsistent  acts. 

33b.  Presidential   elector.s — how  nominated. 


Be  it  enacted  by  the  Oeneral  Assemblv  of  the  State  of  Missouri,  as  follows: 

Section  1.  Hereafter  all  candidates  for  elective  offices  shall  be  nominated  by  a 
primary  held  in  accordance  with  this  act.  This  act  shall  not  apply  to  special  elec- 
tions, to  fill  vacancies,  nor  to  county  superintendents  of  schools,  to  city  officers  not 
elected  at  a  general  state  election,  to  town,  village  and  school  district  officers. 

Sec.  2.  The  primary  shall  be  held  at  the  regular  polling  places  In  each  precinct 
on  the  first  Tuesday  of  August,  1908,  and  biennially  thereafter,  for  the  nomination 
of  all  candidates  to  be  voted  for  at  the  next  November  election. 

Sec.  3.  At  least  ninety  days  before  the  time  of  holding  such  August  primary  the 
■ecretary  of  state  shall  prepare  and  transmit  to  each  county  clerk  a  notice.  In  writing, 
designating  the  offices  for  which  candidates  are  to  be  nominated  at  such  primary. 

Sec.  4.  Upon  receipt  of  such  notice,  such  county  clerk  shall,  not  less  than  ten 
days  thereafter,  publish  so  much  thereof  as  may  be  applicable  to  his  county,  once 
each  week,  for  six  consecutive  weeks.  In  at  least  two,  and  not  to  exceed  four,  news- 
papers of  general  circulation,  published  in  said  county. 

Sec.  5.  The  name  of  no  candidate  shall  be  printed  upon  an  official  ballot  used 
at  any  primary  unless  at  least  sixty  days  prior  to  such  primary  a  nomination  paper 
shall  have  been  filed  in  his  behalf,  as  provided  in  this  act,  in  substantially  the  follow- 
ing fonn: 


•A»  to  which  see  preceding  ortlcle  of  this  Chapter.  This  low  of  1907  (acts  1907. 
P  I«3-2iO.  approved  March  IS.  1907)  was  enacted  too  lote  to  permit  of  numeral 
'   I'tlonlxlng  herein,  hence  Is  Insertfd  as  enacted. 


As  to  primary  selection   for  I'nited  States  Senator  see  acts  1907. 


2B2. 


152  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.  LOUIS.  [CHAP.   9. 

I,  the  undersigned,  a  qualified  elector  of  the   ( precinct  of  the  town  of 

) ,  or  ( the percinct  of  the ward  of  the  city  of ) ,  county 

of and  state  of  Missouri  and  a  member  of  the party,  hereby  nominate 

who  resides  (at  No ,  on   street,  city  of   ),  or   (in 

the  town  of ),  in  the  county  of ,  as  a  candidate  for  the  office  of  (here 

specify  the  office)    ,  to  be  voted  for  at  the  primary,  to  be  held  on  the  first 

Tuesday  of  August,  1908,  as  representing  the  principles  of  said  party,  and  I  further 
declare  that  I  intend  to  support  the  candidate  named  herein. 

In  cities. 
Name    of    signer.  Street  No.  Date    of    signing. 


"Provided,  that  for  county  offices  a  declaration  by  the  candidate,  in  which  shall  be 
stated  the  applicant's  full  name  and  residence,  the  office  for  which  he  proposes  as  a 
candidate,  and  the  party  upon  whose  ticket  he  is  to  be  a  candidate,  shall  be  accepted 
and  filed  by  the  proper  official  in  lieu  of  all  other  nomination  papers  as  required  in 
this  act.  Said  declaration  to  be  filed  in  the  same  time  and  manner  as  is  provided  for 
the  filing  of  other  nomination  papers  in  this  act." 

Sec.  C.  All  nomination  i)apers  "except  for  county  offices"  shall  have  substan- 
tially the  above  form  written  or  printed  at  the  top  thereof.  No  signatures  shall  be 
counted  unless  they  be  upon  sheets,  each  having  such  form  written  o-'  printed  at  the 
top  thereof. 

Sec.  7.  Each  signer  of  a  nomination  paper  shall  sign  but  one  such  paper  for 
the  same  office,  and  shall  declare  that  he  intends  to  support  the  candidate  named 
therein;  he  shall  add  his  residence,  with  the  street  and  number,  if  any,  and  the  date 
of  signing. 

Sec.  8.  For  all  nominations,  except  state  officers,  all  signers  of  each  separate 
nomination  paper  shall  reside  in  the  same  precinct.  For  state  officers,  all  signers 
on  eacli  separate  nomination  paper  shall  reside  in  the  same  county.  The  affidavit  of 
a  qualified  elector  shall  be  appended  to  each  such  nomination  paper,  stating  that  he 
is  personally  acquainted  with  all  persons  wlio  have  signed  the  same,  and  that  he 
knows  them  to  be  electors  of  that  precinct  or  county,  a  [s]  the  nomination  papers 
shall  require;  that  he  knows  that  they  signed  the  same  with  full  knowledge  of  the 
contents  thereof,  and  that  their  respective  residences  are  stated  therein,  and  that  each 
signer  signed  the  same  on  the  date  stated  opposite  his  name,  and  that  he,  the  affiant, 
intends  to  support  the  candidate  named  therein.  Such  affidavit  shall  not  be  ma(}e 
by  the  candidate,  but  each  candidate  shall  file  with  his  nomination  paper,  or  papers, 
a  declaration  that  he  will  qualify  as  such  officer,  if  nominated  and  elected. 

Sec.  9.  Such  nomination  papers  shall  be  signed:  (a)  If  for  a  state  office,  by 
at  least  one  per  cent  of  the  voters  of  the  party  of  such  candidate,  in  at  least  each  of 
six  counties  in  the  state,  and  in  the  aggregate  not  less  than  one  per  cent,  nor  more 
than  ten  per  cent  of  the  total  vote  of  his  party  in  the  state,  (b)  If  for  a  repre- 
sentative in  congress,  by  at  least  two  per  cent  of  the  voters  of  his  party,  in  at  least 
one-tenth  of  the  electiop  precincts  in  each  of  at  least  one-half  of  the  counties  of  the 
congressional  district,  and  in  the  aggregate  not  less  than  two  per  cent,  nor  more 
than  ten  per  cent,  of  the  total  vote  of  his  party  in  such  district,  (c)  If  for  an 
office  representing  less  than  a  congressional  district  in  area,  by  at  least  three  per 
cent  of  the  party  vote  in  at  least  one-sixth  of  the  election  precincts  of  such  district, 
and  In  the  aggregate  not  less  than  three  per  cent,  nor  more  than  ten  per  cent  of  the 
total  vote  of  his  party  in  such  district.  Provided,  that  the  office  of  representative  to 
the  general  assembly  of  Missouri  shall  be  regarded  as  a  county  office  under  the  pro- 
visions of  this  act. 

Sec.  10.  The  basis  of  percentage  in  each  case  shall  be  the  vote  of  the  party  for 
the  presidential  elector  receiving  the  largest  vote  at  the  last  preceding  presidential 
election.  But  any  political  organization  which  at  the  last  preceding  general  election 
was  represented  on  the  official  ballot  by  either  regular  party  candidates  or  by  indi- 
vidual nominees  only,  may,  upon  complying  with  the  provisions  of  this  act,  have  a 
separate  primary  election  ticket  as  a  political  party,  if  any  of  its  candidates  or  indi- 
vidual nominees  receive  one  per  cent  of  the  total  vote  cast  at  the  last  preceding  gen- 
eral election  in  the  state,  or  subdivision  thereof,  in  which  the  candidate  seeks  the 
nomination.  Nomination  papers  may  also  be  filed  for  non-partisan  candidates;  such 
papers  shall  contain  at  least  two  per  cent  and  not  more  than  ten  per  cent  of  the 
total  vote  cast  at  the  last  preceding  general  election  in  the  state,  or  subdivision 
thereof,  in  which  the  person  is  a  candidate,  such  signers  to  be  distributed  in  each 
case  as  provided  by  the  provisions  of  this  act. 


AKT.    4.1  STATi:  LAWS  SPECIAI.I.V   Al'ri.K'AHI.i:  Til  ST.   I.oVIS.  153 

SiH'.  11.  All  noiniiuitioii  papers  shall  be  tiled  us  follows:  !.  For  state  officers, 
representatives  In  congress,  and  those  members  of  senate  and  assembly  whose  dis- 
tricts comprise  more  than  one  county,  in  the  office  of  the  secretary  of  state.  ~.  For 
officers  to  be  voted  for  wholly  within  one  county,  in  the  office  of  the  county  clerk 
of  such  county.  3.  When  nomination  papers  shall  be  received  which  contain  ten 
per  cent  of  the  total  vote,  as  limited  in  subdivisions  a,  b  and  c  of  section  9  of  this 
act,  the  clerk,  with  whom  such  papers  are  required  to  be  filed,  shall  not  receive  or 
file  further  nomination  pai>ers  for  the  candidate  named  therein. 

Sec.  12.  At  least  liftylivo  days  before  any  primary  preceding  a  general  election, 
the  secretary  of  state  shall  transmit  to  each  county  clerk  a  certified  list  containing 
the  name  and  postoflic^  address  of  each  person  for  whom  nomination  papers  hav« 
been  filed  in  his  office,  and  eulillou  to  be  voted  for  at  such  primary,  together  with  a 
designation  of  the  office  for  which  he  is  a  candidate,  and  the  party  or  principle  he 
represents. 

Sec.  13.  Such  clerk  shall  forthwith,  upon  receipt  thereof,  publish,  under  the 
proper  party  designation,  the  title  of  each  office,  the  names  and  addresses  of  all 
persons  for  whom  nomination  papers  have  been  filed,  giving  the  name  and  address 
of  each,  the  date  of  the  primary,  the  hours  during  which  the  polls  will  be  opened,  and 
that  the  primary  will  be  held  at  the  regular  polling  places  in  each  ])recinct.  It  shall 
be  the  duty  of  the  county  clerk  to  publish  such  notice  for  three  consecutive  weeks 
prior  to  said  iirimary. 

Sec.  14.  Kvery  publication  required  in  this  act  shall  be  made  in  at  least  two, 
and  not  to  exceed  four,  newspajiers  of  general  circulation  in  such  county;  one  of  such 
news|)apers  shall  represent  the  political  party  that  cast  the  largest  vote  in  such 
county  at  the  preceding  general  election,  and  one  of  such  newspapers  shall  represent 
the  political  party  that  cast  the  next  largest  vote  in  such  county  at  the  preceding 
general  election.  In  any  case  where  the  publication  of  notice  cannot  be  made,  as 
herelnt)efore  required,  it  may  be  made  in  any  newspaper  having  a  general  circulation 
In  the  county  in  which  the  notice  is  required  to  be  published. 

Sec.  15.  An  official  ballot  shall  be  printed  and  provided  for  use  at  each  voting 
precinct  In  the  form  provided  herein.  The  names  of  all  candidates  for  the  respective 
offices,  for  whom  the  nomination  papers  prescribed  shall  have  been  duly  filed,  shall 
be  printed  thereon. 

Se<-.  16.  At  least  twenty  days  before  the  August  primary  each  county  clerk  shall 
prepare  sample  official  ballots,  placing  thereon,  alphabetically,  under  the  appropriate 
title  of  each  office  and  party  designation,  the  name.s  of  all  candidates  to  bo  voted  for 
In  the  precinct  of  his  connty.  for  whom  nomination  i)apers  have  been  filed.  Such 
sample  ballot  shall  be  printed  upon  tinted  or  colored  paper,  and  shall  contain  no 
blank  endorsement  or  certificate.  Such  clerk  shall  forthwith  submit  the  ticket  of 
each  party  to  the  county  chairman  thereof,  and  mail  a  copy  to  each  candidate  for 
whom  nomination  papers  have  been  filed  with  him.  as  required  by  this  act.  to  his 
posloffice  address,  as  given  in  such  nomination  paper,  and  he  shall  post  a  copy  of 
each  sample  ballot  in  a  conspicuous  place  in  his  office.  On  the  tenth  day  before 
such  i>rlniary  the  county  clerk  shall  correct  any  errors  or  omissions  in  the  ballot, 
cause  the  same  to  be  printed  and  distributed,  as  required  by  law.  in  the  case  of 
ballots  for  the  general  election,  except  that  the  number  of  ballots  to  be  furnished  to 
each  precinct  shall  be  twice  the  number  of  votes  cast  thereat  in  the  last  preceding 
general  election. 

Sec.  17.  All  ballots,  blanks  and  other  supplies  to  be  used  at  any  primary,  and 
all  exi>enRes  necessarily  Incurred  in  the  preparation  for  or  conducting  such  primary, 
shall  be  paid  out  of  the  treasury  of  the  city,  county  or  state,  as  the  case  may  be.  in 
the  same  manner,  with  like  effect,  and  by  the  same  officers  as  in  the  case  of  elections. 

Sec.  IS.  At  all  primaries  there  shall  be  as  many  sejiarate  tickets  as  there  are 
parties  entitled  to  participate  in  said  primary  election.  There  shall  also  be  a  non- 
partisan ticket,  upon  which  under  appropriate  title  of  each  office,  shall  be  printed 
the  names  of  all  persons  for  whom  nomination  papers  shall  have  been  filed,  as  re- 
quired by  this  art.  who  are  not  designated  on  such  nomination  papers  as  candidates 
for  any  political  party,  as  defined  by  this  act.  The  names  of  all  candidates  shall  be 
arranged  alphabetically,  according  to  surnames,  under  the  appropriate  title  of  the 
respective  offices,  and  under  the  proper  party  designation  upon  the  party  ticket,  or 
upon  the  nonpartisan  ticket,  as  the  case  may  he.  If  any  elector  write  upon  his 
ticket  the  name  of  any  person  who  is  a  candidate  for  the  same  office  upon  some 
other  ticket  than  that  upon  which  his  name  is  so  written,  this  ballot  shall  be  counted 
for  such  person  only  as  a  candidate  of  the  party  upon  whose  ticket  his  name  is  writ- 
ten, and  shall  In  no  case  l)e  counted  for  such  person  as  a  candidate  upon  any  other 
ticket.  In  rn.<!e  the  person  is  nominated  upon  more  than  one  ticket,  he  shall  forth- 
with file  with  the  proper  officer,  or  officers,  in  charge  of  the  preparation  of  the  bal- 
lots, a  written  declaration,  indicating  the  party  designation  under  which  his  name  is 
to  be  printed  on  the  official  ballot.  On  any  day  of  nominiition  of  public  officers  In 
any  primary  election  precinct,  each  qualified  elector  shall  be  entitled  to  receive  from 
the  Judges  of  election  one  ballot  of  the  political  party  participating  in  such  electlofi 


154  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.  LOUIS.  [CHAP.   9. 

for  which  he  desires  to  vote.  It  shall  be  the  duty  or  such  judges  of  election  to  de- 
liver such  ballot  to  the  elector.  Before  delivering  any  ballot  to  the  elector,  the  two 
judges  of  election  having  charge  of  the  ballots  shall  write  their  names  or  initials 
upon  the  back  of  the  ballot  with  indelible  pencil,  and  no  other  writing  shall  be  on  the 
back  of  the  ballot,  except  the  number  of  the  ballot  voted. 

Sec.  19.  Vacancies  occurring  after  the  holding  of  any  primary  shall  be  filled 
by  the  party  committee  of  the  district,  county  or  state,  as  the  case  may  be. 

Sec.  20.  No  person  shall  be  entitled  to  vote  at  any  pirmary  unless  a  qualified 
elector  of  the  precinct,  and  duly  registered  therein,  if  registration  thereat  be  required 
by  law. 

Sec.  21.  The  party  committee  of  each  county  may  appoint,  in  writing,  over  their 
signatures,  two  party  agents  at  each  precinct  or  representatives,  with  an  alternate 
for  each,  who  shall  act  as  challengers  for  their  respectfve  parties,  and  have  the  power 
prescribed  by  law.  The  right  of  any  person  to  vote  at  a  primary  may  be  challenged 
upon  the  same  ground,  and  his  right  to  vote  be  determined  in  the  same  manner  as  at 
an  election.  The  chairman  of  each  party  committee  of  any  county  may  represent  his 
party  at  the  polling  booth  during  the  canvass  and  return  of  the  vote  at  a  primary,  or 
he  may  appoint  an  agent,  or  designate  a  member  of  his  committee  for  that  purpose. 

Sec.  22.  The  canvass  of  votes  cast  shall  be  made  in  the  same  manner  and  by 
the  same  officers  as  the  canvass  of  an  election.  The  party  chairman  of  the  county 
in  a  precinct  canvass,  of  the  county  in  a  county  canvass,  of  the  state  in  a  state  can- 
vass, or  some  duly  appointed  agent  to  represent  each  party,  shall  be  allowed  to  be 
present  and  observe  the  proceedings. 

Sec.  23.  The  precinct  judges  and  clerks  of  election  shall,  on  separate  sheets,  on 
blanks  to  be  provided  for  that  purpose,  make  full  and  accurate  returns  of  the  votes 
cast  for  each  candidate,  and  shall,  within  twenty-four  hours,  cause  to  be  delivered 
one  copy  of  such  returns  as  to  each  political  party,  to  the  county  chairman  of  that 
party,  and  also  cause  such  returns  to  be  delivered  to  the  county  clerk:  Provided 
always,  that  such  returns  shall  be  sent  by  registered  mail  where  practicable. 

Sec.  24.  The  county  canvass  of  the  returns  of  a  primary  shall  be  made  by  the 
same  officers,  and  in  the  manner  as  now  provided  by  law,  for  the  canvass  of  returns 
of  a  November  election.  The  canvassers  shall  meet  and  canvass  such  returns  at  ten 
o'clock  on  the  Friday  following  the  primary.  Their  returns  shall  contain  the  whole 
number  of  votes  cast  for  each  candidate  of  each  political  party,  and  a  duplicate  as  to 
each  political  party  shall  be  delivered  to  the  county  chairman  of  such  party.  The 
canvassers  shall  also  make  an  additional  duplicate  return  in  the  same  form,  show- 
ing the  votes  cast  for  each  candidate  not  voted  for  wholly  within  the  limits  of  the 
county.  The  county  clerk  shall  forthwith  send  to  the  secretary  of  state,  by  registered 
mail,  one  complete  copy  of  all  returns  as  to  such  candidates,  and  he  shall  likewise 
send  to  the  chairman  of  the  state  central  committee  of  each  party  a  duplicate  copy 
of  the  returns  last  described  relating  to  such  candidates  of  each  party. 

Sec.  25.  The  person  receiving  the  greatest  number  of  votes  at  a  primary  as 
the  candidate  of  a  party  for  an  office  shall  be  the  candidate  of  that  party  for  such 
office,  and  his  name  as  such  candidate  shall  be  placed  on  the  official  ballot  at  the 
following  election. 

Sec.  26.  As  soon  as  the  state  canvass  of  a  primary  shall  be  certified  to  him, 
the  secretary  of  state  shall  cause  to  be  published  a  certified  statement  of  the  result 
of  such  primary  as  to  candidates  for  state  officers,  and  representatives  in  congress, 
and  any  other  candidate  whose  district  extends  beyond  the  limits  of  a  single  county, 
and  shall  mail  to  the  chairman  of  the  state  central  committee  of  each  party  so  much 
of  such  certificate  as  relates  to  his  party. 

Sec.  27.  Not  less  than  fourteen  days  before  any  November  election,  the  secre- 
tary of  state  shall  certify  to  the  county  clerk  of  each  county  within  which  any  of 
the  electors  may  vote  for  the  candidates  for  such  offices,  the  name  and  description 
of  each  person  nominated  for  any  such  office  as  specified  in  the  nomination  papers. 

Sec.  28.  At  the  August  primary  each  voter  may  write,  in  the  space  left  on  his 
ticket  for  that  purpose,  the  name  of  one  qualified  elector  of  the  ward  or  township, 
as  the  case  may  be,  for  his  ward  or  township  committeeman,  and  the  one  having  the 
highest  number  of  votes  in  such  ward  and  township  shall  be  the  member  of  the 
party  committee  of  such  county,  and  each  county  committee  composed  of  the  various 
ward  and  township  committeemen  shall  meet  at  the  county  seat  of  such  county  on 
the  first  Friday  after  the  said  August  primary  and  organize  by  the  election  of  a 
chairman,  secretary  and  treasurer  of  such  committee,  and  the  chairman  so  elected 
of  each  county  committee  shall,  by  virtue  thereof,  become  a  member  of  the  party 
congressional,  senatorial  and  judicial  committee  of  the  district  of  which  his  county 
is  a  part.  Provided,  that  if  any  such  congressional  district  shall  consist  wholly  of 
one  county,  then  the  members  of  the  county  committee  of  such  county  shall  consti- 
tute the  congressional  committee  of  such  district.     Such  congressional  committee,  so 

composed  of  the  various  county  chairmen  of  each  district,  shall  meet  at  

point,  in  such   congressional  district,  designated  by  the  then  chairman   of  the  con- 


AKT  i.]  STATK  r.AW.S  SPECIALLY  APPLICABLK  TO  ST.  LOUIS.  155 

gresslonal  committee,  on  the  secoud  Tuesday  lu  August  after  sucli  primary  election, 
and,  when  so  met,  shall  organize  by  the  election  of  one  of  its  members  as  chairman 
of  such  committee,  and  by  electing  a  secretary  and  treasurer,  and  shall  then  proceed 
to  name  two  iiualifled  electors  of  such  district  as  u>embers  of  the  party  state  com- 
mittee, which  state  committee,  being  comi)osed  of  two  members  from  each  congres- 
sional district  in  the  stale,  shall  meet  at  noon  on  the  second  Tuesday  of  September 
at  the  state  capitol  and  organize  by  the  election  of  a  chairman,  who  shall  be  chair- 
man of  the  state  committee,  and  by  the  election  of  a  secretary  an<l  treasurer  of  such 
committee,  and  after  having  so  organized  shall  meet  with  the  party  nominees  for 
state  offlcers.  congressmen,  state  senators,  representatives,  and  forthwith  formulate 
a  state  platform  for  their  party,  and  make  public  the  same  not  later  than  G  o'clock 
lu  the  afternoon  of  the  following  day.  The  ijrovlslons  of  this  section,  so  far  as  con- 
sistent, shall  apply  to  cities  that  are  divided  into  wards  for  .election  purposes,  and 
when  the  word  county  is  used,  it  shall  apply  to  such  committees  by  wards,  so  far  as 
applicable. 

Sec.  29.  In  case  of  a  tie  vote,  the  tie  shall  forthwith  be  determined  by  lot  by 
the  canvassers. 

Sec.  30.  It  shall  be  the  duty  of  the  secretary  of  state,  on  or  before  March  1, 
190S.  to  prepare  all  forms  necessary  to  carry  out  the  provisions  of  this  act,  which 
forms  shall  be  substantially  followed  in  all  primaries  heUl  in  pursuance  hereof.  Such 
forms  shall  be  i)riuted  with  copies  of  this  act  for  public  use  and  distribution.  Every 
day  on  which  an  August  primary  shall  be  held  shall  be  a  legal  holiday. 

Sec.  31.  Any  person  who  shall  offer,  or  with  knowledge  of  the  same,  permit 
any  person  to  offer  for  lils  benellt,  any  bribe  to  a  voter  to  induce  him  to  sign  any 
Domluation  paper,  and  any  i)ersou  who  shall  accept  any  such  bribe  or  promise  of  gain 
of  any  kind  in  the  nature  of  a  bribe  as  consideration  for  signing  the  same,  whether 
such  bribe  or  promise  of  gain  in  the  nature  of  a  bribe  be  offered  or  accepted  before  or 
after  such  signing,  or  any  candidate,  who  shall  knowingly  cause  a  nomination  paper 
or  papers,  to  be  signed  In  his  behalf  by  more  than  the  maximum  number  of  qualified 
electors  provided  for  his  district  by  this  act,  shall  be  guilty  of  a  misdemeanor,  and, 
upon  trial  and  conviction  thereof,  be  punished  by  a  fine  of  not  less  than  twenty-five 
nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county  Jail  of  not  less 
than  ten  ddys  nor  more  than  si.x  months,  or  by  both  such  fine  and  Imprisonment.  Any 
act  declared  an  offense  by  the  general  laws  of  this  state  concerning  caucuses  and 
elections,  shall,  also,  in  like  case,  be  an  offense  in  all  primaries,  and  shall  be  iiuuished 
la  the  same  form  and  manner  as  therein  provided,  and  illl  the  penalties  and  pro- 
visions of  the  law  as  to  such  caucuses  and  elections,  except  as  herein  otherwise  pro- 
vided, shall  apply  in  such  case  with  equal  force,  and  to  the  same  extent  as  though 
fully  set  forth  in  this  act.  Any  person  who  shall  forge  any  name  of  a  signer  or  wit- 
ness 10  a  nomination  paper  shall  be  deemed  guilty  of  forgery,  and,  on  conviction, 
punished  accordingly.  Any  person  who,  being  in  pos.sesslon  of  nomination  papers 
entitled  to  be  filed  under  this  act,  or  any  act  of  the  legislature,  shall  wrongfully, 
either  suppress,  neglect  or  fall  to  cause  the  same  to  be  filed  at  the  proper  time  in  the 
proper  office  shall,  on  conviction,  be  punished  by  Imprisonment  In  the  county  jail  not 
10  exceed  six  months,  or  by  a  fine  not  to  exceed  five  hundred  dollars,  or  by  both  such 
fine  and  Imprisonment,  In  the  discretion  of  the  court. 

Sec.  31a.  The  judges  and  clerks  for  primary  elections  held  under  this  act,  shall 
be  provided  by  the  same  appointing  power,  in  the  same  manner,  and  possess  the  same 
quallflcatlous  and  consist  of  the  same  number  as  judges  and  clerks  of  general  elec- 
tions in  this  state:  Provided,  that  in  all  counties  in  this  state  which  now  contain, 
or  hereafter  may  contain,  a  city  of  not  less  than  100,000  inhabitanis  nor  more  than 
400.000  Inhabitants,  the  county  committee  of  each  political  party  which,  at  the  gen- 
eral election  held  next  preceding  any  primary  election  held  under  the  provisions  of 
this  act.  cast  at  least  ten  i>er  cent  of  all  the  votes  cast  at  such  election  in  such  county, 
shall  appoint  three  judges  and  one  clerk  for  such  primary  election  for  each  election 
precinct  In  such  county  outside  of  such  city,  and  In  all  such  cities  the  judges  and 
clerks  of  election  regularly  appointed  and  commissioned  for  regular  elections  shall 
•cl  as  judges  and  clerks  of  all  primary  elections  held  under  the  provisions  of  this  act. 
I  Sec.  32.     The  provisions  of  the  statutes  now  In  force  In  relation  to  the  holding 

;  of  elections,  the  solicitation  of  voters  at  the  polls,  the  challenging  of  voters,  the 
manner  of  conducting  elections,  of  counting  the  ballots  and  making  return  thereof. 
and  all  other  kindred  subjects,  shall  apply  to  all  primaries  In  so  far  as  they  are  con- 
sistent with  this  act.  the  Intent  of  this  act  being  to  place  the  primary  under  the 
regulation  and  protection  of  the  laws  now  In  force  as  to  elections. 

Sec.  32a.  That  any  duty  devolved  upon  or  power  given  to  the  county  clerk  by 
this  wH  shall,  in  the  city  of  St.  Louis,  be  performed  by  the  board  of  election  com- 
missioners for  said  city,  or  a  majority  of  them. 

Sec.  ,'?3.  .-Ml  acts  or  parts  of  acts  Inconsistent  with,  or  In  conflict  with  the  pro- 
irlslons  of  this  act.  are  hereby  repealed. 


156  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.   LOUIS.  [CHAP.   9. 

Sec.  33b.  The  state  committee  of  any  political  party  may  call  a  convention  of 
delegates  to  be  apportioned,  chosen  or  elected  in  such  manner  as  it  may  prescribe, 
for  the  purpose  of  nominating  presidential  electors,  electing  delegates  to  national 
conventions,  electing  members  of  national  committees,  adopting  or  making  such  dec- 
larations of  party  principles  with  reference  to  national  questions  as  may  be  deemed 
advisable,  and  to  do  and  to  perform  any  other  act  not  prohibited  by  or  inconsistent 
with  this  law. 

Approved  March  18,  1907. 


In  connection  with  the  election  laws  there  is  subjoined  hereto,  the  act  of  March 
15,  1907  (Session  Laws  1907,  p.  262),  respecting  United  States  senators,  though  the 
same  is  not  strictly  included  within  the  scope  of  this  work. 

ELECTIONS,  PRIMARY:      U.   S.   Senator. 

AN  ACT  to  provide  for  the  selection  of  tlie  caucus  nominee  for  United  States  senator, 
and  instructing-  the  members  of  the  general  assembly  of  the  state  of  Missouri  to 
vote  for  said  nominees. 

SECTION  I    SECTION 

1.      Candidates     for  U.      S.      Senate   to   be  '        \.     Duty     of    county       clerk     to     prepare 


voted  on.  when. 

Application  to  be  filed  with  secretary 

of    state. 

.Secretary  of  state  to  certify  list. 


ballot. 

Vote,  how  counte-.^ 

Who   declared   nominee. 


Be  it  enacted  hy  the  General  Assembly  of  the  State  of  Missouri,  as  follows:: 

Section  1.  At  each  general  election  held  in  the  state  of  Missouri,  at  which  a 
legislature  is  chosen,  whose  duty  it  shall  be  to  elect  a  United  States  senator,  accord- 
ing to  the  laws  and  Constitution  of  the  state,  the  names  of  the  candidates  of  each 
political  party  for  said  office  of  United  States  senator  shall  be  placed  upon  the  ballots 
of  the  political  party  to  which  the  candidate  belongs,  of  the  several  political  parties, 
and  be  voted  upon  at  said  general  election. 

Sec.  2.  At  least  sixty  (60)  days  prior  to  said  general  election  each  person  de- 
siring to  be  a  candidate  for  the  office  of  United  States  senator  shall  file  with  the 
secretary  of  state  his  application,  stating  his  full  name,  residence  and  postoffice  ad- 
dress, also  the  political  party  to  which  he  belongs,  and  upon  whose  ticket  he  wishes 
his  name  entered  as  a  candidate. 

Sec.  3.  The  secretary  of  state  shall,  at  least  thirty  (30)  days  prior  to  the  gen- 
eral election,  make  out  separate  lists  of  the  candidates  for  each  ticket  and  arrange 
them  in  alphabetical  order  in  relation  to  the  surname,  and  certify  a  true  copy  of  each 
ticket  to  each  county  clerk  in  the  state,  and  to  the  proper  officer  in  the  city  of  St 
Louis. 

Sec.  4.  The  county  clerks  and  the  proper  officer  in  the  city  of  St.  Louis  shall 
have  these  names  printed  upon  the  official  ballots  to  be  voted  at  such  general  election. 
The  names  shall  ije  printed  in  the  order  as  arranged  by  the  secretary  of  state,  and 
the  list  of  each  party's  candidates  shall  be  placed  only  upon  the  ticket  of  that  par- 
ticular party.  The  names  shall  be  placed  as  aforesaid  under  the  heading  "Candidates 
for  United  States  senator,"  and  shall  b?  i)!aced  immediately  following  the  caption  or 
heading  of  the  ticket.  Immediately  underneath  the  heading,  "Candidates  for  United 
States  senator"  shall  be  printed  in  small  type,  and  in  parenthesis,  the  following  in- 
structions to  voters:  "Draw  a  line  through  all  the  names  you  do  not  wish  to  vote 
for."  The  voter  may  scratch  out  all  the  names  of  candidates  for  the  United  States 
senate  on  one  ticket  and_  vote  for  some  person  not  on  any  ticket,  by  writing  said 
name  underneath  those  scratched  out.  and  said  vote  shall  be  counted  for  the  person 
thus  voted  for;  but  no  voter  can  vote  on  one  ticket  for  any  candidate  for  United 
States  senator  whose  name  officially  appears  on  any  other  ticket. 

Sec.  5.  The  vote  for  United  States  senator  shall  be  counted,  recorded  and  cer- 
tified to  the  same  as  the  vote  for  all  other  officers. 

Sec.  6.  The  person  found  to  have  the  largest  number  of  votes,  upon  the  ticket 
that  shall  have  a  majority  on  joint  ballot  in  the  joint  assembly  of  the  state  legis- 
lature, at  the  session  held  next  after  said  election,  shall  be  declared  to  be  the  caucus 
nominee  of  said  political  party,  and  all  members  of  said  party  in  the  legislature  shall 
vote  for  said  person.  Likewise  the  caucus  nominees  of  the  other  political  parties  shall 
be  the  persons  receiving  the  highest  number  of  votes  upon  their  respective  tickets. 

Approved  March  15,  1907. 


i-HAT    111  I        sTATi;  LAWS  si'i:i'iAi.i.v  APPi.ir.\m,i':  TO  ST.  LOUIS.  157 

CHAPTER  TEN. 
KIKIO.MIONS   f'RNSIONS.* 

Section  322.  Firemen's  ponsiuii  iiiml  aiiilidrized. — Any  fire  department  ex- 
isting by  authority  of  the  laws  of  this  siat<>.  or  any  niunlcii)al  authority  thereof,  in 
any  city  In  this  state  now  having  or  which  may  hereafter  aiiiuire  a  popiilalion  of 
more  than  one  hundred  thousand  inhabitants,  is  herel)y  authorized  and  empowered 
to  create  funds  for  the  purpose  of  pensioning  firemen,  and  affording  relief  to 
tnembers  of  such  lire  department  when  sick,  or  who  may  become  disabled  in  the 
service,  or  retired,  and  provide  for  the  relief  of  the  families  and  other  dependents 
uf  such  firemen  in  case  of  death,  under  such  rules  and  regulation  as  may  be 
unacted  by  the  board  of  trustees  of  such  funds,  subject  to  the  provisions  of  this 
»ct,  and  not  inconsistent  with  the  constitution  and  laws  of  this  state.  (Laws  1903, 
p.  87,  sec.  1.) 

Sec.  323.  Iliiiiiirary  Meiiiliers. — The  board  of  trustees  may  provide  for  the 
admission  of  honorary  members  of  the  department  in  such  manner  and  under  such 
onditions  as  may  be  set  forth  in  the  rules  and  regulations  enacted  by  said  board 
)t  trustees.     (lb.,  sec.  2.) 

?ec.  324.  IJourtl  of  Trustees. — In  cities,  the  treasurer,  the  counselor,  the 
•lerk  or  register,  and  the  comptroller,  where  such  office  exists,  the  chief  officer 
if  the  fire  department,  four  delegates  at  large  from  the  fire  dpartment,  to  be  elected 
ly  the  members  thereof  on  the  first  Monday  of  December  of  each  year,  whose 
:erm  of  office  shall  be  for  one  year,  and  one  delegate  from  the  retired  or  pensioned 
list,  to  be  elected  by  the  retired  or  pensiond  members  on  the  first  Monday  of  De- 
cern ber  of  each  year,  whose  term  of  office  shall  be  for  one  year,  shall  constitute 
ind  be  a  board  to  be  known  as  the  "board  of  trustees  of  the  firemen's  pension 
fund."  The  board  shall  select  from  their  members  a  president  and  secretary. 
I  lb.,  sec.  3.) 

Sec.  32.').  Treasurer. — The  treasurer.  In  all  cities  In  this  state  to  which  this 
irt  Is  applicable,  shall  be  ex  officio  treasurer  of  said  board,  and  as  such  shall  have 
■harge  of  the  funds  and  securities  provided  for  herein.  He  shall  give  such  bond  as 
he  board  may  require,  and  shall  be  subject  to  the  order  and  direction  of  the  board, 
lib.,  sec.  4.) 

Sec.  3  2(;.  Kelief  fund  and  retirement  fund — sources  of  revenue. — The  reve- 
lues  which  shall  form  and  maintain  the  fire  department  pension  funds  in  cities  to 
*hlch  this  act  is  applicable,  shall  be  divided  as  follows,  viz:  first,  into  the  "relief 
'nnd."  and,  second,  into  the  "retirement  fund."  Said  funds  shall  be  created  as 
lereinafter  provided,  and  shall  be  separately  kept,  and  used  only  as  provided  in 
his  act.  The  funds  which  shall  be  credited  to  and  form  the  "relief  fund"  shall  be 
••alized  and  secured  from  the  following  sources:  all  moneys  and  securities  re- 
ualning  In  the  hands  or  under  control  of  any  incorporated  fire  department  i)ension 
•  •!  nnd  relief  association  existing  in  any  such  city  at  the  time  this  act  shall  take 
which  may  be  transferred  to  said  fund  by  authority  of  the  members  of  such 

i.ition.  and  all  moneys  which  may  now  be  under  the  control  of  any  board  of 
ruslees  of  the  firemen's  fund,  or  firemen's  pension  fund,  in  any  such  city  at  the 
Ime  when  this  act  shall  take  effect:  all  moneys  derived  by  any  such  city  from 
he  sale  of  all  condemned  stock,  horses,  mules,  condemned  hose,  or  other  lire  ap- 
.larntus  of  every  kind  or  description,  which  may  be  set  apart  to  said  fund  by  act  or 
'     .ince  of  the  municipal  authorities  of  such  city;   all  moneys  received  from  re- 

'.  or  surplus  material  or  article  of  value  coming  into  the  department  and  dis- 

:  of  and  sold  by  the  officers  of  any  such  city,  which  may  be  set  apart  to  said 
tiy  act  or  ordinance  of  the   municipal   authorities  of  such   city;    all   moneys 

1   and   collected  by  any  court  as  fines   for   the  violation  of  the  laws  in  relation   to 

,hc  construction  of  any  certain  class  of  buildings  of  prohibited   materials   within 

^e  fire  limits  of  any  such  city  as  established  by  law  or  ordinance,  which  may  be 

ct  apart  to  said   fund  by  act  or  ordinance  of  the  municipal   authorities  of  such 

Hy.  all  fines  derived  from  any  violation  of  any  building  law  or  ordinance  in  any 

uch  city,  which  may  be  set  apart  to  said  fund  by  act  or  ordinance  of  the  municipal 

'uthorltles  of  such  city;  all  fines  and  penalties  that  may  be  collected  for  violating 

•le  municipal   laws  or  ordinances  regulating   the  quantity,   quality   or  storage  of 

••troleuni,  coal  oil,  gasoline,  turpentine,  or  any  product  thereof,  all  hemp,  cotton. 

owder,   giant   powder,  dynamite  or  other  combustible  or  inflammable   substance, 

|]uld   or   material    that   is   considered   extremely   dangerous   or   hazardous,    which 

li.iy  be  set  apart  to  said  fund  by  act  or  ordinance  of  the  municipal  authorities  of  such 

ilty;  all  moneys  derived  from   licenses  or  privileges  to  store  or  manufacture  coal 

II.  petroleum,  gasoline,  turpentine,  powder,  giant  powder,  dynaniit...  hcinii,  rntfr.n, 

r  other  combustible  or  Inflammable  substances,  llqui.l 


•ThiB  art  accpptt-d  by  ordlniini-p  21467 — now   Rov.  Code  See.   304.        The  art   woh  an- 
loriipd  by  amrndmrnt   to  Constitution  of  Art.   IV.  Sfc.   47. 


158  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.  LOUIS.  [CHAP.   10. 

sidered  extremely  dangerous  or  hazardous,  which  may  be  set  apart  to  said  fund 
by  act  or  ordinance  of  the  municipal  authorities  of  such  city;  and  all  moneys 
derived  from  any  and  all  other  sources  that  may  by  any  law  or  ordinance  of  this 
state,  or  any  municipality  thereof,  be  set  apart  for  the  benefit  of  any  such  fire 
department  pension  fund  in  any  such  city  in  this  state. 

The  funds  which  shall  be  credited  to  and  form  the  "retirement  fund"  shall  be 
realized  and  secured  from  the  following  sources:  All  initiation  fees  and  dues  from 
the  active  and  honorary  members  of  the  department;  all  moneys  derived  from  citizens 
or  others  for  services  rendered  by  any  such  fire  department  to  such  citizens  or  others 
for  pumping  out  cellars,  filling  cisterns,  removing  dangerous  walls,  buildings  or  other 
obstructions  that  are  injurious  or  dangerous  to  the  inhabitants  of  any  such  city,  and 
the  emoluments  from  all  such  other  work  as  may  be  permitted  by  any  such  city  to  be 
performed  by  the  department  outside  of  its  legitimate  and  proper  duty;  all  fines  and 
penalties  imposed  ujion  any  members  of  the  department  for  any  dereliction  of  duty, 
or  for  violation  of  any  rule  or  order  or  regulation  of  the  department,  after  any  such 
rule,  order  or  regulation  has  been  properly  promulgated  and  made  known  to  the  de- 
partment— such  fine  or  penalty  shall  not  exceed  fifty  dollars,  or  be  less  than  five  dol- 
lars, for  any  one  offense;  all  donations  received  by  the  chief  or  any  other  officer  of 
the  department  from  any  citizen  or  other  person  or  corporation  for  and  in  the  name 
of  the  department;  and  all  moneys  derived  from  lectures,  picnics  and  other  enter- 
tainments authorized  by  the  department.      (lb.,  sec.  5.) 

Sec.  3  2  7.  Same — Municipal  revenue. — The  municipal  authorities  in  cities  in 
this  state  to  which  this  act  is  applicable,  may,  by  act  or  ordinance,  set  apart  not  ex- 
ceeding one  per  centum  of  all  revenues  received  for  municipal  purposes  by  such  cities 
from  licenses  issued  by  such  cities,  as  a  fund  for  the  pensioning  of  crippled  and  dis- 
abled members  of  the  fire  department,  and  of  the  widows  and  orphans  of  deceased 
members  of  the  fire  department  of  such  cities,  which  moneys  shall  be  credited  to  said 
"relief  fund."      (lb.,  p.  8S,  sec.  6.) 

Sec.  328.  Certain  money  for  retirement  fund. — All  rewards  in  money,  fees, 
gifts  and  endowments  that  may  be  paid  or  given  for  or  on  account  of  extraordinary 
services  by  said  fire  department,  or  any  member  thereof,  except  when  permitted  by 
order  of  the  board  to  be  retained  by  said  member,  may  be  paid  into  said  "retirement 
fund,"  and  the  said  board  of  trustees  may  take  by  gift,  grant,  devise  or  bequest  any 
money,  real  estate,  personal  property,  right  of  property  or  other  valuable  thing,  and 
and  same  shall  be  treated  as  a  part  of  and  for  the  use  of  said  "retirement  fund:" 
Provided,  however,  the  principal  of  said  fund  shall  never  in  the  aggregate  exceed 
the  sum  of  two  hundred  and  fifty  thousand  dollars.     (lb.,  p.  88,  sec.  7.) 

Sec.  329.  Powers  of  board  of  trustees. — The  board  of  trustees  of  the  fire- 
men's funds  shall  have  exclusive  control  and  management  of  the  separate  funds  men- 
tioned in  this  act,  and  of  all  the  moneys  donated,  paid  or  assessed,  for  the  relief  or 
pensioning  of  crippled,  disabled  or  retired  members  of  the  fire  department,  and  their 
widows,  minor  children  and  dependents.  Said  board  shall  make  all  needful  rules  and 
regulations  for  its  government  in  the  discharge  of  its  duties,  and  shall  hear  and  decide 
all  applications  for  relief  or  pensions  under  this  act,  and  its  decision  on  such  applica- 
tions shall  be  final  and  conclusive  and  not  subject  to  review  and  reversal  except  by 
the  board,  and  a  record  shall  be  kept  of  all  the  meetings  and  proceedings  of  the  board, 
(lb.,  p.  89,  sec.  8.) 

Sec.  330.  Transfer  from  retirement  to  relief  fund,  etc. — The  moneys  and 
securities  credited  to  the  "relief  fund"  under  the  provisions  of  this  act  shall  in  no 
case  be  transferred  to  or  become  a  part  of  the  "retirement  fund."  or  used  in  whole  or 
in  part  for  the  purposes  for  which  the  latter  fund  is  created;  but  the  board  of  trustees 
shall  have  the  power,  for  the  purpose  of  equalizing  the  demands  against  said  funds, 
to  transfer  any  part  of  the  moneys  credited  to  said  "retirement  fund"  to  the  former 
fund,  and  such  moneys  shall  thereafter  become  a  part  of  the  same.     (lb.,  sec.  9.) 

Sec.  331.  Assessment  of  members. — The  board  of  trustees  may  assess  each 
member  of  the  fire  department  such  sum  per  month  as  may  be  determined  by  the  rules 
and  regulations  adopted  by  the  board,  and  such  assessment  shall  not  be  increased  or 
diminished  during  any  one  fiscal  year,  the  sums  so  assessed  to  be  deducted  and  with- 
held from  the  monthly  pay  of  each  member,  and  the  same  to  be  placed  by  the  treas- 
urer of  the  board  to  the  credit  of  the  "relief  fund."     (lb.,  sec.  10.) 

Sec.  332.  Investment. — Said  board  of  trustees  shall  have  power  to  draw  such 
funds  as  are  credited  to  the  "relief  fund"  under  the  provisions  of  this  act  from  the 
treasury  of  such  city,  and  may  invest  the  same,  or  any  part  thereof  in  the  name  of 
the  "board  of  trustees  of  the  firemen's  pension  fund,"  in  interest-bearing  bonds  of  the 
United  States  or  the  state  of  Missouri,  or  of  any  county,  township  or  municipal  cor- 
poration of  the  state,  or  loan  the  same  on  real  estate  in  the  city  where  such  pension 
funds  are  established,  not  exceeding  in  amount  in  any  case  two-thirds  of  the  assessed 
tax-paying  valuation  of  such  real  estate;  and  said  board  shall  have  power  to  invest  ' 
the  funds  credited  to  the  "retirement  fund"  in  like  manner.  All  such  securities  shall 
be  deposited  with  the  treasurer  of  such  city,  as  ex  officio  treasurer  of  such  board, 
(lb.,  sec.  11.) 


CHAP.   10.]  STATt;  LAWS  SPKCIALI-Y  ArrLICABLK  TO  ST.  LOUIS.  159 

Sec.  333.  How  loaned — interest. — Said  funds  shall  be  loaned  separately,  and 
the  Interest  received  from  the  investment  of  same  shall  be  credited  to  said  funds  re- 
spectively,    (lb.,  sec.  12.) 

Sec.  334.  Who  beneflcinries  of  relief  fund. — If  any  member  of  the  fire  de- 
partment of  any  such  city  shall,  while  in  performance  of  his  duty,  become  and  be 
found,  upon  an  examination  by  a  medical  officer  ordered  by  said  board  of  trustees,  to 
be  physically  or  mentally  permanently  disabled  by  reason  of  service  in  such  depart- 
ment, so  as  to  render  necessary  his  retirement  from  service  in  said  fire  department, 
said  board  of  trustees  shall  retire  such  disabled  member  from  service  in  such  (ire  de- 
partment: Provided,  however,  no  such  retirement  on  account  of  disability  shall  occur 
unless  said  member  has  contracted  said  disability  in  the  service  of  such  fire  depart- 
ment; and  upon  sucn  retirement  the  said  board  of  trustees  shall  order  the  payment 
to  such  disabled  members  of  such  fire  department  monthly,  from  the  "relief  fund," 
such  sum  of  money  as  may  be  determined  by  the  rules  and  regulations  provided  for 
the  management  of  said  funds;  and  in  case  the  party  suffering  such  disability  is  a 
member  of  the  volunteer  department  receiving  no  pay.  the  amount  to  be  paid  him 
shall  be  fl.\ed  by  the  board  of  trustees.     (lb.,  p.  S9,  sec.  13.) 

Sec.  335.  When  widows  and  children  beneficiaries. — -If  any  member  of  such 
Are  department  shall,  while  In  the  performance  of  his  duty,  be  killed  or  die  as  the 
result  of  an  Injury  received  in  the  line  of  his  duty,  or  of  any  disease  contracted  by 
reason  of  his  occupation  as  fireman,  or  shall  die  from  any  cause  whatever  while 
In  such  service,  and  shall  leave  a  widow,  or  child  or  children  under  the  age  of 
sixteen  years  surviving,  said  board  of  trustees  shall  direct  the  payment,  from  said 
"relief  fund"  monthly  to  such  widow,  while  unmarried,  such  sum  of  money  as  may 
be  determined  by  the  rules  and  regulations  provided  for  the  management  of  said 
funds,  and  said  board  shall  also  direct  the  payment  out  of  said  "relief  fund"  for 
each  child  until  it  reaches  the  age  of  sixteen  years  such  sum  of  money  as  may  be 
determined  by  said  rules  and  regulations;  and  in  case  the  party  suffering  such  disa- 
bility is  a  member  of  the  volunteer  department,  the  amount  to  be  paid  monthly  to 
his  widow  and  children  aforesaid  shall  be  fixed  by  said  board  of  trustees.  (lb., 
sec.  14.) 

Sec.  33t;.  Iletirenicnt  fund — relatives  Iieneliciaries  of  retin-iiient  fuiul,  when 
— If  any  member  of  such  fire  department  being  single  and  unmarried  shall,  while 
In  the  performance  of  his  duty,  be  killed,  or  die  as  the  result  of  an  injury  received, 
or  shall  die  of  any  disease  contracted  by  reason  of  his  occvipation  as  fireman,  or 
shall  die  from  any  cause  whatever  while  in  said  service,  and  shall  leave  a  father  or 
mother  who  are  dependent  upon  him  for  support,  or  a  brother  or  sister  under  the 
age  of  sixteen  years  so  dependent,  said  board  of  trustees  shall  direct  the  payment 
from  the  "retirement  fund"  monthly  to  each  such  dependent  parent,  and  to  each 
such  dependent  brother  or  sister  under  sixteen  years  of  age,  such  sum  of  money 
as  may  be  determined  by  the  rules  and  regulations  provided  for  the  management 
of  said  funds.     (lb.,  sec.  15.) 

Sec.  337.  Some — nienil)er  of  flre  department  beneficiary,  when. — Any  mem- 
ber of  the  flre  department  of  any  such  city,  arriving  at  the  age  of  fifty  years,  and 
having  served  twenty-two  years  or  more  In  such  fire  department,  of  which  the  last 
two  years  shall  have  been  continuous,  may  make  application  to  be  relieved  from 
such  flre  department  and  retired;  and  if  his  application  is  granted,  or  if  he  shall 
be  discharged  from  such  department,  the  said  board  of  trustees  shall  order  and 
direct  that  said  person  shall  be  paid  out  of  the  "retirement  fund"  monthly  such 
sum  of  money  as  may  be  determined  by  the  rules  and  regulations  provided  for  the 
management  of  said  funds;  and  if  he  be  a  member  of  the  volunteer  fire  department 
and  not  under  pay,  such  amount  monthly  as  may  be  fixed  by  the  board  of  trustees. 
After  the  decease  of  such  member,  his  widow,  providing  their  marriage  shall  have 
occurred  prior  to  such  retirement,  and  his  children  under  the  age  of  sixteen  years, 
I  i(  any.  shall  be  paid  out  of  the  reijrement  fund  such  sum  of  money  as  may  be  de- 
I  termlncd  by  said  rules  and  regulations.     (lb.,  sec.  16.) 

Sec.  338.  Sanie — widow  luid  cliildr<-n,  when. — If  any  member  of  such  flre  de- 
partment shall  die  after  having  been  retired  and  pensioned  by  reason  of  Injuries 
sustained  or  disease  contracted  while  serving  as  a  member  of  the  department,  his 
widow,  providing  their  marriage  shall  have  occurred  prior  to  such  retirement,  and 
children  under  sixteen  years  of  age,  if  any,  shall  be  paid  monthly  out  of  the  "re- 
tlr«ment  fund"  such  sum  of  money  as  may  be  determined  by  the  rules  and  regula- 
tions provided  for  the  management  of  said  funds. 

Sec.  339.  Fnnds  pro-rated.  If  insuffleient. — If  at  any  time  there  shall  not  be 
sufflcient  money  In  the  funds  created  under  the  provisions  of  this  act  to  pay  each 
person  entitled  to  the  benefits  herein  provided  the  full  amount  per  month  pro- 
vided for  In  said  rules  and  regulations,  then  an  equal  percentage  of  such  monthly 
payments  shall  be  paid  to  each  beneficiary  until  said  funds  shall  have  been  re- 
plenished so  as  to  warrant  the  payment  in  full  of  each  of  said  beneficiaries.  (lb., 
sec.  18,  p.  91.) 


160  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.  LOUIS.       [CHAP.    11-13 

Sec.  340.  Treasurer's  bond— duties. — The  treasurer  of  the  board  of  trustees 
shall  be  the  custodian  of  said  pension  funds,  and  shall  secure  and  safely  keep  the 
same,  subject  to  the  control  and  direction  of  the  board,  and  shall  keep  his  books 
and  accounts  concerning  said  funds  in  such  manner  as  may  be  prescribed  by  the 
board,  and  said  books  and  accounts  shall  always  be  subject  to  the  inspection  of  the 
board  or  any  member  thereof.  The  treasurer  shall  execute  a  bond  to  the  city,  with 
good  and  sufficient  sureties,  in  such  penal  sum  as  the  board  shall  direct,  to  be  ap- 
proved by  the  board,  conditioned  for  the  faithful  performance  of  the  duties  of  his 
office,  and  that  he  will  safely  keep  and  well  and  truly  account  for  all  moneys  and 
property  which  may  come  to  his  hands  as  such  treasurer,  and  that  on  the  expira- 
tion of  his  term  of  office  he  will  surrender  aud  deliver  over  to  his  successor  all  un- 
expended moneys,  and  all  securities  and  property  which  may  have  come  to  his 
hands  as  treasurer  of  such  funds;  and  said  bond  shall  be  filed  in  the  office  where 
the  records  of  the  city  are  kept,  and  may  be  sued  on  in  the  name  of  said  city,  to  the 
use  of  said  board  or  any  person  or  persons  injured  by  a  breach  thereof.  (lb., 
sec.  19.) 

Sec.  341.  Warrants — when  and  how  drawni. — It  shall  be  the  duty  of  the 
officer  or  officers  of  such  city  who  are  designated  by  law  to  draw  warrants  on  the 
treasurer  of  such  city,  upon  request,  in  writing,  by  said  board  of  trustees,  to  draw 
warrants  on  the  treasurer  of  such  city,  payable  to  the  treasurer  of  such  board  of 
trustees,  for  all  funds  belonging  to  said  pension  funds  as  aforesaid.     (lb.,  sec.  2  0.) 

Sec.  3  42.  Same. — All  moneys  ordered  to  be  paid  from  said  pension  funds  to 
any  person  or  persons  shall  be  paid  by  the  treasurer  of  the  board  of  trustees  only 
upon  warrants  signed  by  the  president  of  said  board  and  countersigned  by  the  sec- 
retary thereof,  and  no  warrant  shall  be  drawn  except  by  order  of  the  board,  duly 
entered  on  the  records  of  the  proceedings  of  the  board.      (lb.,  sec.  21.) 

Sec.  3  43.  R<?ports  of  board. — The  board  of  trustees  shall  make  report  to  the 
legislative  body  of  such  city  of  the  condition  of  said  pension  funds,  immediately 
after  the  first  meeting  of  said  board  in  January  of  each  year.     (lb.,  sec.  22.) 

Sec.  344.  Pension  funds  exempt  from  lojjal  process  for  debt. — No  portion  of 
said  pension  funds  shall,  before  or  after  its  order  of  distribution  by  the  board  ot 
trustees  to  the  persons  entitled  thereto,  and  before  the  actual  payment  thereof  to 
such  persons,  be  held,  seized,  taken,  subjected  to,  or  detained  or  levied  on  by  virtue 
of  any  attachment,  execution,  injunction,  writ  interlocutory  or  other  order  or  de- 
cree, or  any  process  or  proceeding  whatever  issued  out  of  or  by  any  court  of  this 
state  for  the  payment  or  satisfaction,  in  whole  or  in  part,  of  any  debt,  damages, 
claim  demand  or  judgment  against  the  beneficiary  of  said  funds;  but  the  said 
funds  shall  be  held  and  distributed  for  the  purposes  ot  this  act.  and  for  no  other 
purpose  whatever.     (lb.,  sec.  23.) 

Sec.  345.  Fire  Department  Association — may  transfer  funds  to  board  of 
trustees. — Any  fire  department  pension  fund  and  relief  association  existing  in  any 
city  to  which  this  act  is  applicable  is  hereby  empowered,  by  a  majority  vote  of  its 
members,  to  transfer  and  deliver  all  its  property  and  effects,  after  the  payment  of 
all  debts  and  liabilities  then  due.  to  the  board  of  trustees  created  under  this  act, 
and  the  said  board  of  trustees  is  hereby  authorized  to  credit  said  property  and  ef- 
fects to  the  "relief  fund"  provided  for  in  this  act.     (lb.,  sec.  24.) 

Sec.  346.  Funeral  expenses. — Whenever  an  active  or  retired  fireman  shall 
die,  as  aforesaid,  the  board  of  trustees  may  appropriate  from  the  "retirement 
fund,"  a  sum  not  exceeding  one  hundred  dollars  to  the  widow  or  family  of  such 
fireman  for  funeral  expenses,  and  may  expend  a  sum  not  exceeding  fifty  dollars, 
to  be  drawn  from  said  fund,  for  the  expenses  of  the  attendance  of  the  firemen  at 
said  funeral. 

Sec.  347.  Inconsistent  acts  repealed. — All  acts  and  parts  of  acts  inconsistent 
with  this  act  are  hereby  repealed. 

CHAPTER  ELEVEN. 

FLOUP..   INSPECTION  OF. 

Section  3  4S.  Flour  inspectors  may  be  appointed. — The  chamber  of  commerce 
of  the  city  of  St.  Louis  is  hereby  authorized  to  appoint  a  board  of  flour  inspectors 
for  the  city  of  St.  Louis,  for  the  purpose  of  inspecting  flour  designed  for  shipment, 
under  such  rules  and  regulations  as  it  may  see  fit  to  establish,  whose  brands,  be- 
tween buyer  and  seller,  shall  be  evidence  of  the  quality  of  the  flour  they  represent, 
and  which  mav  have  been  subjected  to  said  inspectors.  (Laws  1S57,  p.  446,  sec.  1. 
R.  S.  1S99,  p.  2,563,  sec.  S.)  

CHAPTER  TWELVE. 

HOLIDAYS— SATURDAY   AFTERNOON. 

Section  349.  Doors  closed  at  noon. — It  shall  be  the  duty  of  the  heads  of  de- 
partments in  every  county  or  municipal  office  in  cities  which  now  have  or  may 
hereafter  have  a  population  of  300,000  inhabitants  or  over,  or  in  any  county  ad- 


CHAP.    13  i  STATi:  LAWS  S1-EC1ALI,Y  APrUlCAlSLi;  TO  ST.  LULls:.  KJl 

jolnine  such  city,  having  one  or  more  deputies,  assistants  or  clerks,  to  close  the 
doors  of  said  oftlc-c  at  twelve  o'clock  noon  on  each  and  every  Saturday  In  the  year: 
Provided,  that  the  person  in  charge  or  possession  of  said  office  may  require  such 
deputies,  assistants  or  clerks  to  work  whenever  the  necessities  of  the  service,  in  his 
Judgment  require  It;  and  provided  further,  that  the  provision  of  this  section  shall 
not  applv  to  constables,  tire  department  or  police  forces.  (Laws  190;{,  p.  93, 
amending  R.  S.  1899.  sec.  624  7.)    __^ 

CHAPTER  THIRTEEN. 

HOSPITAL-.   .SOCIAL    KVIL. 

Section  350.  Social  evil  hospital,  how  siipport<'(l. — The  mayor  and  city  coun- 
cil [municipal  assembly]  of  the  city  of  St.  l.ouis  shall,  at  the  earliest  day  i)ractica- 
ble.  after  the  approval  of  this  act.  provide  by  ordinance  for  the  government  and 
support  of  the  institulions  known  a;- "the  S^xial  F^vil  Hospital,  and  the  Mouse  of  In- 
dustry of  the  city  of  St.  Louis;"  and  until  provision  Is  so  made,  the  aforesaid  in- 
stitutions shall  continue  under  the  care  and  control  of  the  board  of  health  of  the 
city  of  St.  Louis.  Hut  when  such  ordinance  shall  have  been  passed,  the  board  of 
health  shall  turn  over  to  the  person  or  persons  therein  named  the  control  of  the 
institutions  aforesaid,  together  with  the  money  and  property  pertaining  thereto, 
and  derived  from  the  so-called  social  evil  regulation  and  shall  aciount  to  such 
person  or  persons  for  all  such  moneys  which  may  now  be  in  their  possession,  or 
which  may  come  Into  their  possession  as  aforesaid.  (Laws  1871.  i).  384,  sec.  1. 
R.  S.  1S99,  p.  2559.) 

Sec.  351.  To  be  held  liy  cit.T  for  wliat  purposes. — The  aforesaid  hospital  shall 
be  held  by  the  city  for  the  free  use  of  such  female  prostitutes  and  bawds  belonging 
to  said  city  of  St.  Louis,  as  may  be  afflicted  with  any  venereal  disease;  and  here- 
after no  female  so  afflicted  shall  be  placed  in  any  other  city  hospital  for  treatment. 
(Laws  1S74,  p.  :1S4,  sec.  2.     R.  S.  1899,  p.  2560.) 

Sec.  .'i.'ij.  House  of  ln<lustry. — The  House  of  Industry  shall  be  maintained  by 
the  said  city,  for  the  purpose  of  affording  a  home  and  the  acquirement  of  some  use- 
ful occupation  as  a  means  of  reformation  for  such  bawds  or  prostitutes  in  said  city 
as  mav  desire  to  reform  and  abandon  their  life  of  shame.  (Laws  1874,  p.  384. 
sec.  3.    R.  S.   1899.  p.   2.-.C0.) 

Sec.  353.  Appropriations  to  be  nwule  for  support  of,  etc. — The  said  mayor  and 
city  council  [municipal  assembly]  shall  annually  provide,  by  appropriation  or  other- 
wl8»>.  such  sum  as  may  be  necessary  for  the  suppr)rt  of  the  hospital  and  House  of 
Industry  aforesaid.       (Laws  1874.  p.  3S4.  sec.  4.    R.  S.  1899,  p.  2560.) 

Sec.  354.  Duty  of  physician  IreatiiiK  venereal  diseases. — Hereafter  every  phy- 
sician in  the  city  of  ?t.  Louis  treating  any  person  having  the  reputation  of  being  a 
prostitute,  or  whom  he  has  reason  to  suspect  of  so  being,  for  any  venereal  disease, 
shall  Immediately  certify  the  fact,  with  the  name  and  residence  of  the  patient,  to 
the  board  of  police  commissioners,  and  the  vice-president  of  said  board  shall,  at  the 
discretion  of  the  said  board,  thereupon  issue  his  warrant  for  the  confinement  of 
such  person  in  the  aforesaid  hospital  for  treatment,  during  the  term  of  such  sick- 
ness, unless  sooner  discharged  by  competent  authority.  (Laws  1874,  p.  384,  sec.  5. 
R.  S.  1899.  p.  2560.) 


1(}2  STATE  LAW'S  SPECIALLY  APPLICABLE  TO  ST.  LOUIS.  [CH.-VP.    14. 

CHAPTER  FOURTEEN. 

HOUSE  OF  re:fuge.' 

Section  355.  Board  of  managers. — The  institution  known  as  the  St.  Louis 
House  of  Refuge  shall  hereafter  be  under  the  control  of  a  board  of  managers,  to  be 
appointed  as  soon  after  the  1st  day  of  April,  1873,  as  practicable,  which  shall  con- 
sist of  five  members,  four  of  whom  shall  be  appointed  by  the  mayor,  with  the  ad- 
vice and  consent  of  the  [municipal  assembly]  city  council;  and  the  mayor  of  the 
city  shall  be  ex  officio  a  member  of  and  president  of  said  board.  (Laws  1S73,  p. 
353,  sec.  1.   R.  S.  1899,  p.  2553.) 

Sec.  356.  Organization  of  board — term  of  office. — The  board  of  managers  so 
sppointed  shall  organize  within  ten  days  after  their  appointment,  by  the  election 
(-cm  among  their  members  of  a  vice-president  and  secretary,  and  the  members 
shall  thereupon  proceed  to  draw  lots  for  their  term  of  service;  the  one  drawing 
ballot  numbered  one  shall  serve  for  one  year:  the  one  drawing  ballot  numbered 
two  shall  serve  for  two  years:  the  one  drawing  ballot  numbered  three  shall  serve 
for  three  years;  the  one  drawing  ballot  numbered  four  shall  serve  for  four  years; 
so  that  the  term  of  srevice  of  one  member  of  the  board  shall  expire  every  year; 
vacancies  occurring  in  the  board  by  expiration  of  the  term  of  service,  resignation 
or  otherwise,  siiall  be  filled  by  the  mayor,  with  the  advice  and  consent  of  the 
[municipal  assembly]  city  council;  a  majority  of  said  board  of  managers  shall  con- 
stitute a  quorum  for  the  transaction  of  any  business  or  the  exercise  of  any  power 
conferred  upon  said  board.      (lb.,  sec.   2.) 

Sec.  357.  Commitment  of  children,  etc. — Every  child  found  in  the  city  of  St. 
Louis  in  a  state  of  want,  or  abandoned  or  improperly  exposed,  or  grossly  neglected 
by  its  parents  or  persons  having  its  cliarge,  and  every  child  of  any  person  in  said 
city  or  county  convicted  of  being  a  common  prostitute,  or  l^eeper  of  a  bawdy  house 
or  house  of  resort  for  prostitutes  or  of  assignation,  and  every  child  found  living  in 
such  house,  may  be  committed  to  said  house  of  refuge  by  the  mayor  or  police  justice 
of  said  city,  or  any  judge  of  a  court  of  record  having  jurisdiction  within  St.  Louis 
county  [city],  upon  complaint  and  competent  proofs  of  the  facts  charged.  (lb., 
sec.  3 — p.) 

Sec.  358.  Parents  or  guardian  may  send  children,  etc. — All  males  under  the 
age  of  sixteen  years,  and  females  under  the  age  of  fourteen  years,  shall  be  liable 
to  commitment  to  the  house  of  refuge  in  accordance  with  the  provisions  of  the 
foregoing  section;  and  any  parent  or  guardian  having  legal  power  to  apprentice 
any  male  child  or  ward  under  the  age  of  sixteen  years,  or  any  female  child  or  ward, 
under  the  age  of  fourteen  years,  who  shall,  in  writing,  by  him  or  her  signed,  repre- 
sent to  the  board  of  managers  of  said  house  of  refuge  that  such  child  or  ward  is  a 
proper  and  fit  subject  for  admission  into  said  house  of  refuge,  stating  the  particular 
facts  which  constitute  such  fitness,  and  petitioning  said  managers  to  take  charge 
of  said  child  or  ward,  may  be  examined  in  relation  thereto  by  said  board  of  man- 
agers, who  are  authorized  to  receive  all  such  children  or  wards  at  their  discretion; 

*The  name  of  "House  of  Refuge"  was  by  ordinance  of  the  City  of  St.  Louis  No. 
22145  (R.  C.  sec.  1785)  clianged  to  "St.  Louis  Industrial  School."  See  notation  and 
reference  in  note  to  R.  C.  sec.  17S5.  Power  of  board  of  managers  to  arrange  with  pub- 
lic scliool  autliorities  for  education  of  cliildren  in  House  of  Refuge.  See  La"ws  1905,  p. 
301,  set  out  infra,  sec.   497. 

Tlie  House  of  Refuge  is  an  eleemosynary  institution:  its  ob.iect  is  reformatory.  Its 
design  is  to  train  its  inmates  to  industry  and  to  improve  tlieir  morals.  Such  institu- 
tions are  botii  penal  and  reformatory,  and  are  well  adapted  for  tlie  confinement  of 
juvenile  culprits  by  separating  them  from  the  matured  and  hardened  class  of  criminals. 
*  •  *  When  the  house  of  refuge  is  designated  as  the  place  of  confinement  of  a  youth 
under  16  years  of  age  under  sentence  for  misdemeanor,  it  is  as  to  him  a  penal  institu- 
tion, etc.;  per  Goode.  (Barclay  concurring)  in  In  re  Larkowski,  94  Mo  App.  I.  c.  631-632: 
Goode,  J.,  holding  in  a  concurring  opinion  that  a  law  (sec.  360  infra,  being  sec.  6  of 
the  act)  permitting  restraint  of  liberty  indefinitely  at  the  discretion  of  the  board,  "is 
wholly  inconsistent  with  the  spirit  of  our  institution,  with  the  rights  of  citizens,  and 
with  the  Constitution  itself,  whch  requires  uniform  punishment  for  offenses  through- 
out the  State  and  punishment  of  no  unusual  character."  and  concludes  that  there  can 
be  no  lawful  commitment  for  crime  to  the  refuge.  The  majority  held  that  prisoners 
committed  for  crime  are  entitled  to  one  dollar  per  day  in  working  out  the  fine,  and  that 
the  fifty-cent  law  of  the  Court  of  Criminal  Correction,  (which  had  sent  the  youth  to 
the   House   of  Refuge)    was   void. 

So  in  State  ex  rel.  vs.  Walbridge,  69  Mo.  .\pp.  659.  1.  c.  667  the  court,  commenting 
on  Sec.  3  of  the  act  (sees.  357  infra)  observed:  "The  House  of  Refuge,  as  its  name  sig- 
nifies, is  an  institution  established  and  maintained  Ijy  the  City  of  St.  Louis,  under  the 
sanction  and  authority  of  the  State,  for  the  benefit  of  the  most  exposed  and  unfortunate 
of  the  City's  young  children,  such  children,  if  unprotected  and  uncared  for  by  the  City, 
as  would  either  find  an  early  grave  from  neglect,  starvation  or  from  brut.al  treatment, 
or  surviving,  would  grow  up  in  ignorance  and  vice.  The  object  of  this  charity  is  two- 
fold: First,  to  provide  a  place  of  refuge,  a  home  for  the  unfortunate  and  outcast 
children  of  the  city:  secondly,  to  provide  them  educational  facilities  and  training  In 
Industrial   pursuits." 

(f)  See  comments  on  this  section  in  State  ex  rel.  vs.  Walbridge.  69  Mo.  -App.  659, 
667. 


OlAr:    111  STATH  LAWS  SPF:CIALLY  APPLICABLK  TO  ST.  LOUIS.  I(;3 

the  expenses  of  such  child  or  ward  before  such  receptiou  shall  be  secured  to  be  paid 
by  the  parent  or  guardian,  unless  in  cases  where  the  uianuffers,  for  good  cause, 
shall  otherwise  determine:  and  in  all  cases  where  such  payment  is  ordered  to  be 
made  by  such  parent  or  guardian,  it  shall  be  according  to  the  rates  fixed  In  the 
general  regulations  hereinafter  provided  for;  but  in  no  case  shall  any  child  be  com- 
mitted to  the  house  of  refuge  under  the  age  of  three  years;  aud  all  minors  com- 
mitted thereto  shall  be  under  the  control  of  said  board  of  managers,  until  dis- 
charged under  the  provisions  of  this  act  or  under  the  general  laws  of  the  state. 
(Laws  1S73,  p.  354,  sec.  4.    R.  S.  1S99,  p.  2554.) 

Sec.  359.  I'urdoniiiK  power  <if  iiiiiyor,  etc. — The  mayor  shall  have  authority  to 
order  the  discharge  of  any  inmate  from  the  house  of  refuge  when,  in  his  opinion, 
an  urgent  reason  exists  for  granting  said  discharge  before  the  next  meeting  of  the 
board  of  managers,  but  iu  all  other  cases  applications  shall  be  made  to  said  board, 
which  shall  dispose  of  the  same  at  a  regular  meeting.  The  said  board  may  surrender 
any  inmate  of  said  house  of  refuge,  not  convicted  of  crime,  to  its  parents  or  guard- 
ian, or  if  it  have  no  parents  or  guardian,  to  the  managers  of  any  asylum  within 
the  county  of  St.  Louis,  or  chartered  protectorate,  who  may  desire  to  take  charge 
of  the  same  at  their  own  expense:  Provided,  Such  i)erson  shall  satisfy  the  board  of 
managers  as  to  the  qualification  and  ability  to  provide  for  the  comfort  aud  wants 
of  such  child,  and  to  care  for  their  moral  and  physical  welfare;  and  provided, 
further,  that  no  such  child  shall  be  surrendered  to  or  placed  in  such  asylum  or 
protectorate,  the  officers  or  managers  whereof,  or  a  majority  of  them,  are  of  differ- 
ent religious  tenets  from  those  of  its  former  parents  or  guardians,  if  such  tenets 
can  \ie  ascertained;  and  provided  also,  that  no  such  asylum  or  i)rotectorate  shall 
have  any  claim  upon  the  city  of  St.  Louis  or  upon  the  county  of  St.  Louis,  or  upon 
any  public  fund  whatever,  for  or  in  respect  of  the  care  or  su|)port  of  any  such 
child,  nor  on  account  of  any  expense  Incurred  on  account  thereof.  The  board  shall 
meet  not  less  than  twice  in  each  month  for  the  auditing  of  bills  and  other  business. 
(Laws  1873,  p.  354,  sec.  5.    R.  S.  1S99,  p.  2554.) 

Sec.  3  60.  Coinmitiiieiit — triiii.'ifor  of  mules  uiid  females  under  certain  ages  to 
lioUKf  of  refuge. — .Ml  males  uiuler  sixteen  years  of  age  and  females  under  fourteen 
years  of  age  who  shall,  under  existing  laws  of  the  State  of  Missouri  or  ordinance 
of  the  city  of  St.  Louis,  or  such  as  may  hereafter  be  enacted  or  passed,  be  liable 
to  confinement  In  the  work-house  of  St.  Louis  city,  the  county  jail  of  St.  Louis 
county,  may.  at  the  discretion  of  the  court  or  magistrate  giving  sentence,  be  placed 
in  said  house  of  refu.ge  or  the  state  refOi'm  school,  if  such  school  shall  be  estab- 
lished, and  when  so  placed  in  the  said  house  of  refuge,  shall  be  under  the  control  of 
the  board  of  managers  thereof:  but  no  such  commitment  shall  be  made  for  any 
specified  term,  but  said  minor  or  minors  may  be  discharged  at  any  time  under  the 
provisions  of  the  preceding  section.  (Laws  1873.  p.  354,  sec.  6.  R.  S.  1899,  p. 
I  2555— </. ) 

I  Sec.   361.     Who  to  pay  for  children. — For  each   child   residing  in   St.   Louis 

(County,  outside  of  the  city  of  St.  Louis,  who  may  be  committed  to  said  institution, 
as  hereinbefore  provided,  by  order  of  any  court  of  competent  jurisdiction,  the 
I  county  court  of  said  county  shall  pay  into  the  city  treasury  forty  cents  per  day;  and 
the  superintendent  of  said  house  of  refugo  shall  render  quarterly  to  said  county 
irourt  a  statement  of  the  number  so  confined,  and  said  court  shall  audit  and  allow 
'the  same.     (Laws  1873.  p.  355.  sec.  7.    R.  S.  1899,  p.  2555.) 

I  Sec.  362.  Hoard  of  managers — general  powers. — Said  board  of  managers  of 
wald  house  of  refuge  shall  have  power  and  authority:  — 

I  First — To  make  all  needful  contracts  for  said  house  of  refuge,  its  officers  and 
jlnmates,  subject  to  such  conditions  as  may  be  imposed  by  the  city  council. 
I  Second — To  make,  establish,  alter  and  enforce  all  needful  regulations  for  the 
btovernment  and  control  of  said  house  of  refuge,  its  officers  and  inmates. 
I  Third — To  issue  a  writ  directed  to  any  sheriff,  marshal  or  constable  of  the 
:State  of  .Missouri  or  any  municipality  or  county  thereof,  for  the  recapture  of  any 
^igitlve  from  said  house  of  refuge:  such  writ  shall  be  In  the  name  of  the  State  of 
Missouri,  and  shall  be  signed  by  the  mayor  or  acting  mayor,  and  shall  therefore 
i>e  of  legal  and  valid  force. 

Fourth — To  make  all   needful   by-laws   for   the    governmemt    of    said    bouse    ot 
etuge. 

Fifth — To  employ  and  appoint  such  officers  as  may  be  needful. 

Sixth — To  apprentice  any  Inmate  of  said  house  of  refuge  until   the  time  when 
uch  Inmate  shall  reach  the  age  of  eighteen  years:     Provided,  That   the  mayftr  an  I 


.''o  much  of  thlii  socllon  os  seeks  to  nuthorlze  commitment  i ..i    .  ;  .n,.      „  .ihout  a 

term.    Is  void,   because    In    conflict   with    later   contrnlUnR   statutes    (K.    8.    1.S99. 

1792.   1793.   :'3S4.   26S5.   26S6.  etc.);   nor  la  It  within   tlie   power  and  authority  of 

1  of   manaifers   to   retain   n   minor  for  a   longer   term   than   spoclrted   In    the  com- 

In    Ijtrkowskl.    91    Mo.    App.    6;.'!.   629.   631.   JiidKe   Ooode.    In   concurrlntr.    holds 

sei-tlon    void   ns    unconstitutional   and    void   and    that    there   can    bo    no    lawful 

i-nt  to  the  House  of  Refuge  for  crime. 


164  STATE    LAWS    SPECIALLY    APPLICABLE    TO    ST.    LOUIS.         [CHAP.14. 

City  council  [municipal  assembly]  of  the  city  of  St.  Louis  may,  from  time  to  time, 
provide  by  ordinance,  not  inconsistent  witti  law,  for  the  support,  control  and  man- 
agement of  said  house  of  refuge.     (Laws  1S73,  p.  355,  sec.  S.    R   S.  1S99,  p.  2555.) 

Sec.  363.  Appropriations  for  support  of. — The  city  council  [municigal  as- 
sembly] of  the  city  of  St.  Louis  shall  annually  appropriate  a  sufficient  sum  for  the 
maintenance  and  to  secure  efficient  operation  oi  the  said  house  of  refuge.  Said 
amount  shall  be  based  on  an  estimate  submitted  by  the  board  of  managers  afore- 
said to  said  council  [assembly],  and  all  bills  presented  for  payment  shall  be  signed 
by  not  less  than  two  members  of  said  board  of  managers,  and  approved  by  the 
mayor;  and  the  said  city  council  [municipal  assembly]  is  hereby  authorized  to 
erect  upon  the  following  described  lot  of  ground  or  parcel  of  land,  to  wit:  block 
numbered  eighty  of  the  common  of  St.  Louis,  according  to  the  survey  and  plat 
thereof  made  by  Charles  DeWard,  such  buildings  and  improvements,  in  addition 
to  those  now  on  said  land,  as  may  be  suitable  for  a  house  of  refuge  for  the  con- 
finement and  reform  of  juvenile  offenders,  and  for  this  purpose,  when  so  required 
by  the  board  of  managers,  may  issue  the  bonds  of  the  city  of  St.  Louis  to  an 
amount  not  exceeding  fifty  thousand  dollars,  of  such  style  and  for  such  time  as  the 
council  [assembly]  may  direct,  or  otherwise  provide  said  amount:  Provided.  That 
the  mayor  and  common  council  [municipal  assembly]  of  the  city  of  St.  Louis  may 
provide  by  ordinance  for  the  sale  of  the  property  described  above,  and  for  the 
erection,  with  the  proceeds  of  such  sale,  and  with  the  money  provided  for  by  this 
act,  of  suitable  buildings  at  any  other  place  in  the  county  [city]  of  St.  Louis. 
(Laws  1873,  p.  355.  sec.  9.    R.  S.,  p.  2555.) 

Sec.  364.  Superintendent  and  matron. — A  superintendent  and  matron  may 
be  appointed  by  said  board  for  said  house  of.  refuge,  who  shall  hold  their  office 
during  the  pleasure  of  said  board  unless  sooner  removed  by  the  mayor,  with  th? 
consent  of  the  council  [assembly],  and  the  compensation  of  such  superintendent 
and  matron  may  be  fixed  by  said  board,  subject  to  the  approval  of  the  council 
[assembly];  said  board  may  also  appoint  such  other  employes  as  may  be  neces- 
sary; said  superintendent  shall  render  to  said  board  of  managers  a  monthly  state- 
ment of  all  moneys  by  him  received  and  paid  out  on  behalf  of  said  house  of  refuge, 
which  shall  be  carefully  inspected  by  at  least  two  members  of  said  board;  and,  if 
found  to  be  in  all  respects  correct,  the  same  shall  be  approved.  Said  board  shall 
keep  a  record  of  their  proceedings,  and  shall  report  semi-annually  to  the  city 
council  [municipal  assembly]  of  the  city  of  St.  Louis,  the  fiscal  affairs,  manage- 
ment and  condition  of  the  said  house  of  refuge.  (Laws  1S73,  p.  356,  sec.  10. 
R.  S.  1899,  p.  2556.) 

Sec.  3  65.  House  to  be  open  to  visitors. — Said  house  of  refuge  shall  be  open  to 
visitors  at  reasonable  hours,  and  shall  be  conducted  in  a  manner  entirely  non- 
sectarian,  and  yet  open  to  ministers  of  every  denomination,  and  with  a  discipline 
suited  to  the  government  of  children;  but  no  clergyman  or  teacher  of  any  re- 
ligious sect  or  denomination  shall  be  appointed  a  manager  of  said  house  of  refuge, 
nor  shall  said  house  of  refuge  be  in  any  manner  placed  under  the  management  or 
control  of  any  religious  sect  or  denomination.  No  child  shall  be  compelled  to 
perform  severe  or  exhaustive  labor,  and  any  cruelty  or  unnecessary  harshness  by 
any  officer  or  employe  shall  be  followed  by  the  immediate  discharge  of  such  officer 
or  employe.  The  board  shall  provide  educational  facilit'es,  and  some  suitable  em- 
ployment for  the  inmates  of  said  house  of  refuge;  and  all  moneys  derived  from 
said  employments,  or  in  any  other  manner  from  the  operation  of  said  house  of 
refuge,  shall  be  promptly  paid  into  the  city  treasury;  and  the  semi-annual  reports 
of  the  board  of  managers,  which  they  shall  make  to  the  city  and  county,  shall 
give  a  detailed  statement  of  said  collection.  (Laws  1873,  p.  356,  sec.  11.  R.  S. 
1899,  p.  2556.) 

Sec.  3  6  6.  Certain  inmates  to  be  kept  separate. — Said  board  of  managers  shall 
as  far  as  may  be  possible,  establish,  and  it  is  hereby  made  their  special  duty  to 
establish  apartments  and  grounds  for  inmates  of  said  house  of  refuge  committed 
there  under  sentence  of  court,  as  in  section  6  hereinbefore  provided,  or  inmates 
deemed  by  the  superintendent  especially  vicious  or  ungovernable,  separate  and 
apart  from  the  remainder  of  said  inmates;  and  it  is  made  the  special  duty  of  said 
managers  and  superintendents  to  prevent  all  contact  and  association  between  said 
classes  hereinbefore  mentioned,  so  far  as  may  be  practicable.  (Laws  1873,  p. 
356,  sec.  12.) 

Sec.  367.  Present  hoard  to  cease,  when. — Immediately  upon  the  organization 
cf  the  board  herein  authorized,  the  terms  of  the  office  of  the  existing  hoard  of  man 
agers  of  said  house  of  refuge  and  its  present  officers  shall  cease  and  determin'?: 
and  all  books,  papers  and  property  belonging  to  said  house  of  refuge  shall  be 
turned  over  to  the  board  appointed  under  this  act.  (Laws  1S73,  p.  356,  sec.  13. 
R.  S.  1899.  p.  2556.) 


.1 


•TAP.    ITi-lS.J      STATE    LAWS    SIMX'I  ALLY    A  rMT.ICA  liLK    TH    ST,    LOCIS.  I(i5 

Sec.  368.  Inconsistent  acts  rcpoaled. — .\11  acts  heretofore  enacted  In  refer- 
ence to  the  St.  Louis  house  of  refuge,  and  all  acts  and  parts  of  acts  inconsistent 
with  or  contrary  to  the  provisions  of  this  act,  are  hereby  repealed.  (Laws  1873, 
p.  356,  sec.  14.) 

CH.APTER  FIFTEEN. 

L.VWS— CONSTRUCTION. 

Section  369.  Certain  funds  to  be  paid  out  of  city  ti-easury. — AW  moneys  re- 
quired to  he  paid  out  of  the  county  treasuries  of  the  different  counties  of  this  state 
by  an  act  entitled  "An  act  to  amend  section  twenty-seven  of  chai)ter  eighty-five  of 
the  General  Statutes  of  eighteen  hundred  and  si.\ly-five."  approved  March  1.  ISUS, 
shall,  in  the  city  of  St.  Louis,  he  paid  out  of  the  city  treasury  of  said  city.  (Laws 
1877.  p.  191,  sec.  3.    R.  S.  ISO'.t,  p.  2562,  sec.  1.) 

Sec.  370.  Municipal  assembly  to  perfomi  duties  of  county  court. — All  acts 
and  parts  of  acts  which  provide  for  the  performance  of  any  duty  or  trust  by  any 
county  court  in  this  state,  shall  also  include  the  municipal  assembly,  and  the  mayor 
and  comptroller  of  the  city  of  St.  Louis.  (Laws  1S77,  p.  187,  sec.  2.  R.  S.  1899, 
p.  2562,  sec.  2.) 

Sec.  371.  Certain  laws  to  apply  to  St.  Louis. — All  laws  requiring  any  officer 
of  any  county  to  perform  any  duty,  service  or  trust,  under  the  laws  of  this  state, 
shall  include  all  corresponding  city  officers  named  in  the  charter  and  scheme  of 
separation  for  the  government  of  the  city  and  county  of  St.  Louis.  (Laws  1877, 
p.  187,  sec.  4.    R.  S.  1899.  p.  2562,  sec.  3.) 

Sec.  372.  Duties  of  the  county  clerk  to  be  performed  by  the  register. — All 
laws  providing  for  the  performance  of  any  duty,  service  or  trust,  by  any  count.v 
clerk,  shall  apply  to  the  register  of  the  city  of  St.  Louis,  as  if  such  officer  was 
specially  named  in  such  law,  acts  or  parts  of  acts.  (I.,aws  1S77,  p  187.  sec.  3. 
.R  S.  1899.  p.  2562,  sec.  4— r.) 

Sec.  373.     Rules  for  construing  statute. — The  construction  of  all  statutes  of 

this  state  shall  be  by  the  following  additional  rules,  unless  such  construction   be 

plainly  repugnant  to  the  intent  of  the  legislature,  or  of  the  context  of  the  same 

statute:*      •      •      »      »      eighteenth,   whenever,    under   the   provisions  of   any   law 

which  shall  be  applicable  to  the  city  of  St.  Louis,  as  to  the  counties  of  this  state, 

any  act  or  duty  shall  be  authorized  or  required  to  be  performed  by  the  clerk  of  the 

county  court,  such  act  or  duty  shall  be  performed  by  the  register  of  the  said  city 

;    of  St.  Louis  and  the  term  "county  clerk"  shall  be  construed  to  include  the  register 

I    of  the  city  of  St.  Louis,  so  far  as  the  same  relates  to  any  act  or  duty  required  to 

'   be  performed  in  said  city,  similar  in  character   to    that    required    of   such    count.v 

j   clerk     in  the  respective     counties  of  this  state:    nineteenth,     whenever  the  word 

I   "county"  is  used  in  any  law.  general  in  its  character  to  the  whole  state,  the  same 

;   shall  be  construed  to  include  the  city  of  St.  Louis,  unless  such  construction  be  in- 

,   consistent  with  the  evident  intent  of  such  law,  or  of  some  law  specially  applicable 

I   to  such  city;  twentieth,  wherever  the  term  "justice  of  the  county  court"  shall  ap- 

I   pear  In  any  statute,  it  shall  be  construed  to  mean  judge  of  such  court,  and  when 

the  term  "county  or  circuit  attorney"  shall  be  used  in  any  law  it  shall  be  construed 

I  to  mean  prosecuting  attorney,  except  when  applied  to  the  circuit  attorney  of  the 

city  of  St.  Louis;  •       *      •      *      •     (R.  S.  1899,  sec.  4160— s.) 


CHAPTER  SIXTEEN. 

LinnAnir:s.  frki-:  pfRLir. 

Section  3  74.      Directors. — When  any  incorporated  city  containing  over  three 

;  hundred  thousand  inhabitants  shall  have  decided  to  establish  and  maintain  a  pub- 

I  lie  library  and  reading-room  under  the  act  entitled  "An  act  relating  to  libraries  in 

j  cities,  villages,  towns  and  townships."  approved  April  10.  1885.  the  mayor  of  such 

I  city  shall,  with  the  approval  of  the  city  council,  proceed  to  appoint  a  board  of  nine 

1  directors  for  the  same,  chosen  from  the  citizens  at  large,  with   reference  to  their 

fitness  for  such  office;    and   no   member  of  the  municipal   government  shall   be  a 

member  of  said  board:      Provided,  that  not  more  than  five  of  such  directors  shall 

be  members  of  the  same  political  party.      (Laws  1895.  sec.  1,  p.  220.    R.  S.   1899, 


'.  r  I      >,■,•  notiitlon   n.  C   2062  ami   not.'  intri..lii.!iir.v   tn  CliarliT  Art.   I. 

tj)      Subdivision    IS:   av   notoa   to    RfV.   C.   S.i-.    2062:    Subdivl.slon    19:   See   Henderson 

K...nl(r.  168  Mo.  loc.  cit.  363;  St.  Louis  v.  Clalibv.  S8  Mo.  S73:  Stiito  ex  rel.  vs.  Wlldor, 

'       I.  c.  173:  State  ex  rel.  vs.  Dillon.  87  Mo.  4ST;  Bank  v.  Umrnth.  53  Mo.  App.  I.  c.  4S. 

ther  note  Introductorj-  to  Charter.   Infra,  "'general  Considerations  respecting  the 


166  STATK   LAWS   SPECIALLY    APPLICABLE   TO   ST.    LOUIS.  fCHAP.    IG. 

Sec.  375.  Term  of  office — removal. — Said  directors  shall  hold  office,  one- 
third  for  one  year,  one-third  for  two  years  and  one-third  for  three  years,  from  the 
first  of  June  following  their  appointment,  and  at  their  first  regular  meeting  shall 
cast  lots  for  their  respective  terms;  and  annually  thereafter,  the  mayor  shall, 
before  the  first  of  June  of  each  year,  appoint,  as  before,  three  directors,  who 
shall  hold  office  tor  three  years,  and  until  their  successors  are  appointed.  The 
mayor  may,  by  and  with  the  consent  of  the  city  council,  remove  any  director  for 
misconduct  or  neglect  of  duty.     (lb.,  sec.  2.    R.  S.,  sec.  6482.) 

Sec.  376.  Vacancies — compensation. — Vacancies  in  the  board  of  directors, 
occasioned  by  removals,  resignations  or  otherwise,  shall  be  reported  to  the  mayor, 
and  be  filled  in  like  manner  as  original  appointments,  and  no  director  shall  receive 
compensation  as  such.     (lb.,  sec.  3.    R.  S.  1899,  sec.  6483.) 

Sec.  37  7.  l>ut.v  of  directors — appointment  of  officers  of  the  board — powers 
of  the  hoard. — Said  directors  shall  be  known  and  styled  in  their  corporate  name 
as  the  board  of  directors  of  the  public  library,  and  in  such  name  may  exercise  the 
powers  hereinafter  granted.  They  shall,  immediately  after  appointment,  meet  and 
organize  by  the  election  of  one  of  their  number  as  president,  and  by  the  election 
of  such  other  officers  as  they  may  deem  necessary.  They  shall  make  and  adopt 
such  by-laws,  rules  and  regulations  for  their  own  guidance,  and  for  the  govern- 
ment of  the  library  and  reading-room,  as  may  be  expedient,  not  inconsistent  with 
this  and  the  aforesaid  act.  They  shall  have  the  exclusive  control  of  the  expenditure 
of  all  moneys  collected  to  the  credit  of  the  library  fund,  and  of  the  construction 
of  any  library  building,  and  of  the  supervision,  care  and  custody  of  the  grounds, 
rooms  or  buildings  constructed,  leased  or  set  apart  for  that  purpose.  Provided, 
that  all  moneys  received  for  such  library  shall  be  deposited  in  the  treasury  of  said 
city,  to  the  credit  of  the  library  fund,  and  shall  be  kept  separate  and  apart  from 
other  moneys  of  such  city,  and  drawn  upon  by  the  proper  officers  of  said  city, 
upon  the  properly  authenticated  vouchers  of  the  library  board.  Said  board  shall 
have  power  to  purchase,  hold  or  lease  grounds,  to  occupy,  lease  or  erect  an  appro- 
priate building  or  buildings,  for  the  use  of  the  said  library,  and  to  issue  bonds, 
secured  by  deed  of  trust  on  any  land  [of]  which  they  may  be  possessed,  for  the 
purpose  of  erecting  library  buildings,  and  for  no  other  purpose;  and  all  property 
by  such  board  purchased,  or  otherwise  obtained,  shall  vest  in  such  board  as  a 
body  corporate,  and  be  held  by  it  in  trust.  They  shall  have  power  to  apjioint  a 
suitable  librarian  and  necessary  assistants,  and  fix  their  compensation,  and  shall 
also  liave  power  to  remove  such  appointees;  and  shall,  in  general,  carry  out  the 
spirit  and  intent  of  this  and  the  aforesaid  act  in  establishing  and  maintaining  a 
public  library  and  reading-room.     (lb.,  sec.  4.    R.  S.  1899.  sec.  6484.) 

Sec.  37  8.  Board  shall  make  annual  report  to  the  nia.vor — what  report  shall 
contain. — The  said  board  of  directors  shall  make,  on  or  before  the  second  Monday 
in  June,  an  annual  report  to  the  mayor,  stating  the  condition  of  their  trust  on  the 
first  day  of  May  of  that  year,  tlie  various  sums  of  money  received  from  the  library 
fund  and  from  other  sources,  and  how  such  moneys  have  been  expended  and  for 
what  purposes;  the  number  of  books  and  periodicals  on  hand,  the  number  added 
by  purchase,  gift  or  otherwise,  during  the  year;  the  number  and  general  char- 
acter and  kind  of  such  books,  with  such  other  statistics,  information  and  sugges- 
tions as  they  may  deem  of  genera!  interest.  All  such  portions  of  said  report  as 
relate  to  the  receipt  and  expenditure  of  money,  as  well  as  the  number  of  books  on 
hand,  books  lost  or  missing,  and  books  purchased,  shall  be  verified  by  affidavit, 
(lb.,  sec.  5,  p.  221.     R.  S.  1S99,  sec.  6485.) 

Sec.  3  7  9.  Cities  to  pass  ordinances  to  impose  penalties. — The  said  cities  shall 
have  power  to  pass  ordinances  imposing  suitable  penalties  for  the  punishment  of 
persons  committing  injury  upon  such  library,  or  the  grounds  or  other  property 
thereof,  and  for  injury  to  or  failure  to  return  any  book  belonging  to  such  library, 
(lb.,  sec.  G,  p.  221.     R.  S.  1S99,  sec.  6486.) 

Sec.  380.  Inconsistent  iicts  repealed. — All  acts  and  parts  of  acts  inconsistent 
with  this  act  are  hereby  repealed.     (lb.,  sec.  7,  p.  221.) 

Sec.  381.  Enier}{enc,v  clause. — There  being  no  adequate  provisions  for  the 
government  and  protection  of  free  public  libraries  in  cities  containing  over  three 
hundred  thousand  inhabitants,  an  emergency  is  created  within  the  meaning  of  the 
constitution;  therefore,  this  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage.      (lb.,  sec.  8,  ]).  221.) 


CHAP.    IT]         STATE     I.AWS    SPKCIALLY     AI'l'LICABLK     To    ST      l.OUIS.  107 

CHAPTER  SEVENTEEN. 

I.ICKNSK    COLI.KCTOU.' 

Sec.  382.  OflUv  of  license  collector  in  cities  of  :JOO,(K)(>  inhiiliitaiits  or  orer 
created. — The  office  of  license  collector  Is  hereby  created  in  cities  now  having 
or  which  hereafter  may  have  three  hundred  thousand  Inhabitants  or  men'.  {Laws 
1901,  p.  SO,  sec.   1.* 

Sec.    'ia.i.       I'ni\  iiliiiu;    lor    riecliiin    of    license    colli'clor It-rin    of    olTlce^— oath 

and  Imnd,  where  Hied,  vacancy,  how  tilled. — On  the  Tuesday  next  following  the 
first  .Monday  In  November.  A.  D.  1902.  and  every  four  years  thereafter,  there  shall 
be  elected  In  said  cities.  In  the  manner  provided  by  law  for  the  election  of  city 
officers,  a  license  collector,  who  shall  hold  his  office  for  the  term  of  four  years, 
and  until  his  successor  Is  elected  and  qualified:  he  shall  take  the  oath  of  office  re- 
quired of  state  officers,  and  give  bond  to  such  city  in  the  sum  of  twenty-five  thou- 
sand dollars,  conditioned  that  he  will  faithfully  and  punctually  collect  and  pay 
over  all  revenue  for  licenses  and  license  tax  collected  and  received  by  him,  and  in 
all  things  faithfully  perform  the  duties  of  the  office  of  license  collector  according 
to  law  and  the  ordinances  of  said  city,  to  be  approved  by  the  mayor;  and  said  oath 
and  bond  to  be  filed  in  the  office  of  the  city  register  of  such  city.  Vacancies  in  said 
office  of  license  collector  from  any  cause  shall  be  filled  by  the  governor,  from  and 
until  the  end  and  expiration  of  the  term  in  which  the  vacancy  is  created.  Said 
license  collector  shall  have  his  office  in  the  city  hall  in  such  rooms  as  may  be 
designated  for  the  purpose  by  the  |)roper  authority.     (lb.,  sec.  2.) 

Sec.  384.  I'owei-s  and  duties  of  license  collector. — The  said  license  collector 
shall  have  exclusive  authority  in  all  such  cities  t«  issue  all  licenses  and  receipts 
for  license  taxes,  except  water,  dramshop  and  boat  or  wharf  licenses:  he  shall  have 
authority  to  revoke  any  license  by  him  granted,  if  the  person  to  whom  the  license 
has  been  Issued,  shall  have  been  convicted  of  the  violation  of  any  law  or  ordi- 
nance relative  to  such  licenses.  It  shall  be  his  duty  to  prevent  any  persons  carry- 
ing on  any  business,  object  or  calling  for  which  a  license  or  license  tax  is  re- 
qiilre<l.  without  having  a  license  or  license  receijit  for  that  purpose;  and  he  shall 
report  to  the  police  court  of  such  city  all  violations  of  law  and  ordinances  relating 
to  licenses  and  license  taxes.  No  commissions  or  fees  shall  be  paid  or  allowed  said 
license  collector,  or  any  state  or  city  officer  for  the  collection  of  any  licenses  or 
license  tax  to  which  this  act  applies.     (lb.,  sec.  3.) 

Sec.  38.").  Cil.v  lollertor  or  cotMniissioner  shall  turn  over  all  hooks,  etc.,  to 
llcen.s«>  collector — further  dullis  of  license  colliMlor.  It  shall  be  the  duty  of  the 
license  collector,  iinniediately  after  taking  charge  of  his  office,  to  obtain  from  the 
city  collector,  license  commissioner  or  other  officer  of  such  city,  and  it  is  hereby 
made  their  duty  to  transfer  to  said  license  collector  all  books.  |)apers.  data  and 
blanks  relating  to  the  assessing,  levying,  issuing,  transferring  and  revoking  of 
licenses  and  license  taxes,  and  he  shall  at  once  proceed  to  obtain  a  complete  list 
of  alt  persons,  firms,  associations  and  corporations  who  are  required  by  law,  or 
ordinance,  to  obtain  a  license,  or  pay  a  license  tax.  and  collect  all  information 
which  may  be  necessary  for  the  proper  assessing,  levying  and  Issuing  of  licenses 
and  license  taxes.  Such  lists  and  information  shall  be  ke|)t  in  proper  books  and 
at  all  times  as  complete  and  correct  as  possible  and  up  to  date,  in  said  office  of 
license  collector.     (lb.,  sec.  4,  p.  81.) 

Sec.  386.  Proceedings  necessary  in  ohtaininK  and  jirantin);  licenses. — To  ob- 
tain a  license  or  to  pay  a  license  tax  the  person  making  application  therefor  shall 
accompany  his  application  with  such  statements  and  affidavits  as  may  now  or 
hereafter  be  reqtiired  by  law  or  ordinance;  the  license  collector,  as  soon  thereafter 
as  practicable,  shall  give  to  the  applicant  a  statement  that,  upon  the  payment  of 
the  amount  of  the  license  or  license  tax  required  by  law  or  ordinance  to  be  palil,  a 
license  or  tax  receipt,  as  the  case  may  be.  will  be  Issued  to  such  applicant,  l^pon 
the  receipt  of  said  statement,  the  applicant  shall  pay  to  the  license  collector  the 
amount  named  In  such  statement,  taking  therefor  duplicate  receipts,  one  of  which 
shall  be  by  him  filed  with  the  city  auditor,  and  the  license  collector  shall  thereupon 
'  Issue  the  license  or  license  tax  receipt  to  the  applicant  for  the  period  required  by 
I  law  or  the  ordinances  of  such  city       (T.aws  19ill.  p.  SI,  sec.  .">.) 

Sec.  387.  License  colle<tor  shall  keep  separate  records  <if  the  several  classes 
of  lirensrfl  i.ssued — records  o|H-n  to  |iul>lic  inspection. — The  license  collector  shall 
kaep  a  separate  record  or  book  for  each  kind  of  license,  or  tax  receipt  which  he  Is 


•This  act  aiipersedPS  the  provisions  of  the  Charter.  Art.  V.  Sec.  SI  and  Art.  IV. 
2t.   In   no   far  a.i   they    Impose   on    the   rit.v   Collector   the   duty    to   tollect    the    license 

■s.  tile  collection  of  which  by  this  net  Is  cast  upon  the  License  Collertnr,  The 
ie»    formerly     resting    on     the     License    <;?ominl»sloner    ari*    also     transferred     to     the 

nse  Collector.  See  In  connection  herewith  Rev.  Code.  Chap.  .10,  constltiitInK  Sees. 
'  lo  :i3,">  and  see  notations  thereto.  .•M.«o  as  to  the  fClty]  Collector  Rev.  C.  SecM. 
>   .t   ;>-.| 


168  STATE   LAAVS  SPECIALLY   APPLICABLE  TO  ST.    LOUIS.         [CHAP.    17-lS. 

authorized  to  issue,  in  each  of  which  shall  be  recorded  the  names  of  all  applicants 
for  such  licenses,  the  place  at  which  the  applicant  is  permitted  to  conduct  the 
business  authorized,  it  the  license  is  for  such  purpose,  otherwise  the  place  of  busi- 
ness or  residence  of  the  applicant,  and  the  date  of  issuance  of  the  license,  all  of 
which  shall  be  public  and  open  to  the  inspection  of  any  citizen;  he  shall  also  keep 
all  statements  and  affidavits  furnished  him  in  his  office  for  public  reference  and 
the  convenience  of  the  officers  of  such  city.     (lb.,  sec.  6.) 

Sec.  3S8.  Powers  aud  duties  of  city  collector  or  commissioner  transferred  to 
the  license  collector. — Every  person,  firm,  association  or  corporation,  shall  owe  to 
the  license  collector  all  and  every  duty  now  due  by  law  or  ordinance  to  the  city 
collector  of  the  revenue  or  to  the  license  commissioner,  or  other  city  officer  ot 
such  city,  with  respect  to  the  assessment,  levy,  issue,  transfer  or  revoking  of 
licenses,  or  license  taxes,  for  any  purpose  whatever;  all  and  every  duty  of  said  city 
collector,  license  commissioner  and  other  officer  of  such  city  imposed  by  law  or 
ordinance  with  respect  to  the  assessment  levy,  issue,  transfer  or  revoking  of  li- 
cense or  license  taxes  for  any  purpose  whatever  is  hereby  transferred  to  the  office 
of  license  collector  created  by  this  act.      (lb.,  sec.  i.) 

Sec.   389.      The  words   "license"   and   "license  tax"   shall   include   what. — The 

words  "license"  and  "license  tax,"  used  in  this  act,  shall  include  licenses  for  all 
purposes  authorized  or  required  by  law  or  ordinance  and  also  the  tax  on  telegraph 
and  telephone  poles,  the  dog  tax,  the  merchants'  ad  valorem  tax,  the  vehicle  li- 
cense tax  and  the  special  tax  on  foreign  insurance  companies,  and  excepting  al- 
ways dramshop,  water  and  boat  or  wharfage  licenses.     (lb.,  sec.  8.) 

Sec.  3  9  0.  Salary  of  license  collector — Shall  appoint  deputies,  clerks  and  in- 
spectors, compensation  of  each — may  administer  oaths — collector  resi)onsil)Ie  for 
officiiil  acts  of  employes. — The  license  collector  shall  receive  a  salary  of  three  thou- 
sand dollars  a  year,  payable  monthly  by  the  city  treasurer.  Said  license  collector 
shall  appoint  one  chief  deputy  and  one  assistant  deputy  license  collector,  either  of 
whom,  in  the  absence  for  any  cause  of  the  license  collector,  may  perform  all  the 
duties  ot  the  license  collector;  he  shall  appoint  such  clerks  as  may  be  required 
and  necessary  to  properly  and  efficiently  perform  the  duties  of  the  office,  not  to 
exceed  six,  and  may  also  appoint  inspectors  not  to  exceed  ten.  The  salary  and 
compensation  of  said  employes  is  hereby  fixed,  as  follows:  The  chief  deputy  at  the 
rate  of  eighteen  hundred  dollars  a  year:  assistant  deputy  at  the  rate  of  fifteen 
hundred  dollars  a  year;  clerks  at  the  rate  of  one  hundred  dollars  a  month:  in- 
spectors at  the  rate  of  seventy-five  dollars  a  month,  all  payable  monthly  and  by 
the  treasurer  of  such  city.  Said  license  collector,  deputy  license  collectors  and 
clerks  are  hereby  authorized  to  administer  oaths  in  the  transaction  of  the  business 
of  the  office.  The  license  collector  and  his  sureties  shall  be  responsible  for  the 
official  acts  of  all  employes  aijpointed  by  him.     (lb.,  sec.  9 — t.) 

Sec.  391.  Collector  shall  make  weekly  payments  to  city  treasurer — duty  of 
treasurer. — The  said  license  collector  shall,  on  Monday  ot  each  week,  pay  to  the 
treasurer  of  such  city  all  moneys  received  by  him  for  licenses  and  license  tax;  said 
treasurer  shall  issue  duplicate  receipts  therefor,  one  ot  which  he  shall  deliver  to 
the  license  collector,  the  other  to  the  auditor  of  such  city.     (lb.,  p.  82,  sec.  10.) 

Sec,  392.  Mayor  shall  a]>point  license  collector — term  of  office. — Immediately 
on  the  taking  effect  of  this  act  the  mayor  of  the  City  of  St.  Louis  shall  appoint  a  li- 
cense collector  under  this  act,  who  shall  hold  his  office  for  a  term  ending  on  the 
first  day  of  January.  .\.  D.  1903,  and  until  his  successor  is  elected  and  qualified. 
(Laws  1901,  p.  82.  sec.  11.) 


CHAPTER   EIGHTEEN. 


LIQUOliS. 


Sec.  393.  Register's  duties. — When  spirituous  or  alcoholic  liquors  are  to  be 
sold  or  offered  for  sale,  are  to  be  manufactured  or  rectified,  in  the  city  of  St. 
Louis,  the  oath  required  by  sections  2289  and  2290,  Revised  Statutes  1899,  shall 
be  administered  by  the  register  of  the  city  of  St.  Louis,  who  is  authorized  and  re- 
quired to  administer  said  oath,  and  said  register  is  required  to  take  the  bond 
prescribed  in  section  2290.     (Laws  1877,  p.  341,  sec.  1;  R.  S.  1899,  p.  25G3,  sec.  10.) 

(/)   See  additional   employes.  Rev.   Code.  Sees.   2119-2120  and   note   thereto. 


Cll.VPl'.i-20-2l.|      ST  ATI-;  LAWS  SPKCIALLY  ArrLKWUl.K  TO  ST.  LOUia  lOi) 

CHAPTHR  NINETEEN. 

MAKKKT.-;,    ITHI-IC* 

Sec.  394.  I'ulilii-  maikrlN  Co  lu'  ostitblislicil  in  cities  of  300,(KtO  iiilial>itiiiits 
for  farm  iirodiuls. — It  shall  be  the  iliit.v  of  the  inuyor  and  iminicipal  assembly  or 
council  in  all  cities  of  three  hundreij  thousand  inhabitants  or  over,  or  which  may 
hereafter  attain  a  population  ot  three  hundred  thousand  or  over,  to  establish  and 
locate  u  market  for  the  sale,  at  wholesale  or  retail,  of  fruits,  vegetables  and  other 
farm  or  dairy  products.      (Laws  1JS91.  p.  (iS,  sec.   1;    R.  S.   1899,  sec.  62-IS.) 

Sec,  395.  Husiiies.s  roKulated  by  ordiiiiiace — privilejjes  extended  only  to  pro- 
ducers.— Such  mayor  and  municipal  assembly  shall,  by  ordinance,  regulate  the 
business  to  be  conducted  and  carried  on  in  such  market,  and  fix  a  yearly  rental  to 
be  charged  for  stands  or  stalls  in  said  market:  Provided,  however,  that  no  privileges 
shall  be  let  to  any  person  or  persons  to  do  business  in  said  market  In  the  sale  of 
anv  garden,  farm,  fruit  or  dairy  products,  except  the  producer  thereof.  (lb.,  sec. 
2;"r.  S.  1S99.  sec.  6249.) 

Sec.  39aa.  Wlieii  not  to  .sell  market  places  now  owned. ^No  city  amenable  to 
the  provisions  of  sections  6248  and  6249  of  the  Revised  Statutes  ot  Missouri.  1899, 
now  owning  a  public  market  place  or  public  market  places,  or  which  shall  here- 
after actiuire  a  public  market  place,  shall  be  permitted  to  disburse  or  use  for  other 
purposes  any  of  the  proceeds  received  from  the  sale  or  disposition  of  such  market 
place  or  market  places,  unless  such  said  city  shall  have,  prior  thereto,  acquired  the 
necessary  ground  for  the  establishment  of  a  market  place  or  market  places,  as  con- 
templated in  said  sections  C24S  and  6249,  and  which  ground  shall  be  of  dimen- 
sions commensurate  with  the  requirements  of  said  city,  and  not  to  exceed  in  cost 
the  sum  of  $1,000,0(10,  and  unless  said  city  shall,  iirior  thereto,  have  made  pro- 
visions for  the  establishment  and  maintenance  of  a  market  place  or  market  places 
on  such  grounds,  as  is  contemplated  in  sections  6248  and  6249.  (Laws  1907, 
p.  11. i.) 

Sec.  395b.  Lands  may  be  condemned  for  market  places,  wlien. — In  the  event 
any  city  amenable  to  the  provisions  of  sections  624S  and  6249  shall  fail  to  provide 
a  market  place  or  market  places  of  the  dimensions  set  out  in  section  6249a,  any 
corporation  composed  of  five  or  more  residents  of  this  state,  organized  under  the 
laws  of  the  state  of  Missouri,  for  the  purpose  of  establishing  a  market  or  markets, 
as  contemplated  by  said  section  6248,  shall  have  the  power  to  condemn  lands  or 
other  property,  or  any  interest  therein,  to  be  the  amount  set  out  in  section  6249a. 
for  use  by  it  in  establishing  and  maintaining  such  market  place  or  market  places. 
in  the  same  manner  and  with  like  effect  as  provided  in  sections  1264,  1265,  1266, 
1267,  1268.  1269.  1270,  1271,  1272  and  1273,  Revised  Statutes  of  Missouri,  1899. 
(Laws  1907,  p.  115.) 

CHAPTER  TWENTY. 

MEDICINK   AND   SIRGKRY. 

Sec.  396.  Duty  of  County  Clerk  Cast  on  Health  Commissioner — Whenever 
in  this  act  [act  of  1901.  p.  207,  regulating  practice  of  medicine  and  s\irgery,  as 
amended  acts  1907,  p.  359]  it  is  provided  that  any  duty  or  service  shall  be  per- 
formed by  any  county  clerk,  such  duty  or  service  in  the  city  of  St.  Louis  shall  be 
Performed  by  the  health  commissioner,  as  if  said  officer  was  specially  named  to 
l>«rform  these  duties  and  services,  and  said  officer  shall  receive  the  same  com- 
pensation therefor  as  this  act  provides  shall  be  paid  to  the  county  clerk:  Provided, 
further,  that  whenever  in  this  act  the  word  county  is  used  it  shall  include  the  city 
o(  St.  Louis  the  same  as  if  said  city  were  specially  named.  (Laws  1901,  p.  207, 
I  S6C.  8. ) 

CHAPTER  TWENTY-ONE. 
Mo.\i;v.    iM'in.li'  ■  • 

Section  397.  liitnk  for  deposit  to  Ix-  selected — bond — anicnint. — In  all  cities 
In  .Missouri  having  three  hundred  and  fifty  thousand  inhabitants  or  more,  the 
mayor,  comptroller  and  treasurer  shall  annually  select  a  bank  or  banks  which  will 
iclvo  the  highest  rate  of  interest  for  the  current  deposit  of  the  city's  funds:  Pro- 
vided, however,  that  before  any  deposit  shall  be  made  by  the  treasurer,  the  bank 
shall  give  a  bond  for  five  hundred  thousand  dollars,  with  good  and  sufficient  sure- 
ties, to  be  approved  by  the  unnnimnus  vote  of  the  mayor,  comptroller  and  treas- 
urer, for  the  safe  keeping  and  prompt  paynu  r  •  nd  funds,  or  any  part  thereof. 


•?«>«•  n»  to  thi>  rity  ordlnnncos.  Rpv.  Code.  <  n.ii'     ••■,   .-<i-i-tlon8  Ul.'i  to   HS6.  conoern- 
Ini  Unrkfts.  nnil   not>-»  thfreto. 

••Sc.>   ChnrttT.    Art.    IV.    S.t.    22. 


170  STATE  LAWS  SPECIALLY   APPLICABLE  TO   ST.   LOUIS.  [CHAP.  21-22-23. 

when  demanded  by  the  treasurer,  and  shall  at  all  times  keep  the  sureties  on  its 
bond  satisfactory  to  the  mayor,  comptroller  and  treasurer;  and  provided  further, 
however,  that  before  any  greater  amount  or  sum  than  five  hundred  thousand  dol- 
lars shall  be  deposited  by  the  treasurer  in  any  bank,  such  bank  shall  give  an  ad- 
ditional bond  for  five  hundred  thousand  dollars,  with  good  and  sufficient  sureties 
to  be  approved  by  the  unanimous  vote  of  the  mayor,  comptroller  and  treasurer, 
for  the  safe  keeping  and  prompt  payment  of  said  funds  or  any  part  thereof  when 
demanded  by  the  treasurer,  and  shall  at  all  times  keep  the  sureties  on  its  bond 
satisfactory  to  the  mayor,  comptroller  and  treasurer;  and  provided  further,  that 
no  greater  sum  than  one  million  dollars  of  the  money  of  the  city  shall  be  on  de- 
posit in  any  one  bank.     (Laws  1903,  p.  9.5,  sec.  1;  amending  R.  S.  1899,  sec    6251.) 

Sec.   39S.      Kniergency. — The  fact  that  the  city  of  St.  Louis  is  about  to  deposit  ' 
a  large  sum  of  money  and  it  is  for  the  benefit  of  said  city  that  it  have  choice  of  a 
large   number   of   depositories   creates   an   emergency   within   the   meaning   of   the 
constitution;    therefore  this  bill   shall   be  effective  immediately   upon   its  approval 
by  the  governor.     (lb.,  sec.  2.) 

CHAPTER  TWENTY-TWO. 

MORGUE,     ESTABLISHMENT    OE. 

Sec.  39  9.  Morgue  may  be  established. — The  city  of  St.  Louis  and  the  county 
of  St.  Louis  are  hereby  authorized,  jointly,  to  provide  for  the  erection  and  main- 
tenance, at  some  point  within  the  corporate  limits  of  said  city,  of  a  morgife  or 
dead-house  for  the  reception  of  the  corpses  of  persons  unknown,  or  not  readily  identi- 
fied, and  found  dead  within  said  [city]  county.  The  expense  of  erecting  and  main- 
taining said  morgue  shall  be  paid,  one-half  by  said  county  and  the  other  half  by 
said  city,  according  to  such  plans  as  may  be  agreed  on  by  the  county  court  of  said 
county  and  the  city  council  of  said  city;  and  said  court  and  council  may.  by  like 
agreement,  and  from  time  to  time,  make  and  alter  regulations  for  the  control  and 
management  of  said  morgue,  and  for  the  employment  of  a  person  or  persons  to 
take  care  thereof.  It  shall  be  the  duty  of  the  coroner  of  said  county  [city]  to 
view,  and  if  necessary,  hold  a  formal  inquest  on,  the  body  of  every  dead  person 
brought  to  said  morgue;  and  the  county  court  [municipal  assembly]  of  said  county 
[city]  may,  in  his  discretion,  assign  him  a  fixed  salary  for  such  services,  in  lieu 
of  his  statutory  fee  in  like  cases.  (Laws  1873,  p.  357,  sec.  1;  R.  S.  1899,  p.  2563, 
sec.  9 — )(.) 

CHAPTER  TWENTY-THREE. 


Sec.  400.  Tower  Grove  Park  described. — As  much  and  such  portions  of  the 
following  described  tracts  or  parcels  of  land,  partly  within  and  mostly  without  the 
present  corporate  limits  of  the  city  of  St.  Louis,  to  wit:  Bounded  by  Grand  avenue 
on  the  east.  Arsenal  street  or  road  on  the  south,  Magnolia  avenue,  as  now  existing, 
on  the  north,  and  the  King's  highway,  so  called,  on  the  west,  in  the  city  and 
county  of  St.  Louis,  as  Henry  Shaw  may  see  fit  to  give,  grant  and  convey  to  the 
city  of  St.  Louis,  for  the  purposes  of  a  public  park,  shall  be  known  and  designated 
as  the  Tower  Grove  Park  of  St.  Louis.     (Session  Laws  1867,  p.  172,  sec.  1.) 

Sec.  401.  Board  of  coniinissioners. — The  said  park  shall  be  under  the  ex- 
clusive control  and  management  of  a  board  of  commissioners,  to  consist  of  not  less 
than  five  nor  more  than  seven  persons,  who  shall  be  named  and  styled  the  commis- 
sioners of  the  Tower  Grove  Park,  and  who  shall  be  appointed  as  hereinafter  pro- 
vided; but  of  which  commissioners  Henry  Shaw,  the  donor  to  the  city  of  St.  Louis 
of  the  land  for  the  said  park  hereby  established,  during  his  natural  life,  and  after 
his  death  his  successor,  in  the  direction  of  the  Missouri  Botanical  Garden,  as  he 
may  create  the  same  in  any  devise  or  conveyance  which  he  may  be  authorized  by 
law  to  make,  shall  be  and  constitute  one  member.  (Session  Laws  1867,  p.  173, 
sec.  2.) 

Sec.  402.  How  constituted. — The  following  named  person,  Henry  Shaw,  and 
such  persons  as  he  may  select,  shall  constitute  the  board  of  commissioners  of  said 
park.  They  shall  hold  their  offices  as  such  commisioners  for  five  years  from  the 
time  of  the  passage  of  this  act,  and  until  their  successors  are  appointed  and  quali- 

(a)  For  ordinance  provisions  concerning  Morgue,  see  Rev.  Code,  Chap.  .I,  Art.  2, 
being  section.s  25S  to  26S.  inclusive.     .A.lso  4511. 

•Acts  to  Establish  Forest  Park  (March  25.  1ST4,)  Carondelet  Park  (Feb.  25.  1874) 
and  O'Fallon  Park.  (March  25,  1.S74)  are  "repealed"  by  Charter  Art.  VIII,  Sec.  6.  See 
as  to  the  various  ordinance  provisions  concerning  parks.  Rev.  Code,  Chapter  25,  ana 
note  to  Chapter  lioadins  and  sections  2018  to  2035  with  notations  thereto,  and  refer- 
ences to  the  charter  provisions  there  found:  also  R.  C.  sections  1970  to  1975;  Sec.  2157 
and   note.      Chai'ter   .\rt.    \'III. 


I-IIAP  23. 1  STATIC  LAWS  SPKCIALLY   APPLICABLE  TO  ST.   LOL'IS.  171 

fled.  No  menibor  of  said  board  shall  receive  any  compensation  for  his  services,  but 
each  commissioner  shall.  neviMtheloss.  be  entillfd  to  receive  for  his  personal  ex- 
penses, in  visiting  and  superintending  the  said  park,  a  sum  not  exceeding  one 
hundred  dollars  per  annum.     (lb.,  sec.  3.) 

Sec.  40:).  yuoruni.-  -A  majority  of  the  said  commissioners,  in  office  for  the 
time  being,  shall  constltule  a  quorum  of  the  board  for  the  transaction  of  business, 
but  no  action  of  the  board  shall  be  deemed  final  or  binding,  unless  it  shall  have 
received  the  approval  of  a  majority  of  the  board,  whose  names  shall  be  recorded 
in  the  minutes.     (lb.,  sec.  -1.) 

Sec.  404.  Duties  of  the  board. — The  said  board  shall  have  the  full  and  e.v- 
cluslve  power  to  govern,  manage,  direct  and  control  the  said  park;  to  lay  out  and 
regulate  the  same;  to  pass  ordinances  for  the  regulation  and  government  thereof, 
not  Inconsistent  with  the  ordinances  and  regulations  of  the  corporation  of  St. 
Louis;  to  appoint  such  engineers,  surveyors,  clerks,  and  other  officers  as  may  be 
necessary;  to  prescribe  and  define  their  respective  duties  and  authority,  fix  the 
amount  of  their  compensation,  and  generally,  in  regard  to  said  park,  they  shall 
possess  all  the  power  and  authority  which  now  is.  or  which  may  hereafter  be,  by 
law  conferred  upon  or  possessed  by  the  corporation  of  &t.  Louis  in  respect  to  the 
public  squares  and  places  in  said  city.     (lb.,  sec.  ,"«.) 

Sec.  40.'i.  Ordinimces,  etc.,  concmiinfj;,  to  be  publisluKl.— All  ordinances,  rules 
and  regulations  which  may  be  i)assed  and  adopted  by  the  board  of  commissioners 
for  the  regulation,  use  and  government  of  said  park  shall.  Immediately  upon  their 
passage,  be  published  for  ten  days  In  three  dally  newspapers  publislud  in  said 
city  to  be  selected  by  said  commissioners,  one  whereof  shall  be  a  newspaper  pub- 
lished In  the  German  language,     (lb.,  sec.  6.) 

Sec.  400.  Penalty  for  violiitin^  ordinances. — All  persons  offending  against 
such  ordinances  shall  be  deemed  guilty  of  a  misdemeanor,  and  be  punished,  on  con- 
viction, before  the  police  justice  of  said  city,  or  any  justice  of  the  peace  in  the 
county  of  St.  Louis,  by  a  fine  not  exceeding  fifty  dollars,  and  in  default  of  payment. 
by  Imprisonment  not  exceeding  thirty  days,     (lb.,  sec.  7.) 

Sec.  407.  Penally  against  commissioner. —  It  shall  be  a  misdenieanor  for  any 
commissioner  to  be.  directly  or  indirectly,  in  any  way  pecuniarily  interested  In  any 
contract  for  work  of  any  kind  whatever  connected  with  said  park,  and  it  shall  l>e 
the  duly  of  any  commissioner,  or  other  person  who  may  have  knowledge  or  infor- 
mation of  the  violation  of  this  provision,  forthwith  to  report  the  same  to  any  judge 
of  the  circuit  court  of  St.  Louis  county.  Such  judge  shall  hear.  In  a  summary 
manner,  such  charge,  and  any  evidence  which  may  be  offered  in  support  thereof; 
and  If  after  such  hearing  he  shall  be  satisfied  of  the  truth  thereof  he  shall  imme- 
diately, by  his  order  In  writing  in  such  matter,  remove  the  commissioner  thus 
offending.  Kvery  commissioner  shall  before  entering  upon  the  duties  of  his  office, 
lake  and  subscribe  the  same  oath  prescribed  by  the  constitution  of  the  State  to 
civil  officers,  and  which  oath,  when  subscribed,  shall  be  filed  In  the  office  of  the 
clerk  of  the  county  court  of  the  county.     (lb.,  sec.  8.) 

Sec.  40S.  Dond  iiuiy  be  issued. — The  city  of  St.  Louis  Is  hereby  authorized 
and  required,  immediately  after  the  passage  of  this  act,  to  cause  to  be  issued  Its 
bonds  In  the  sum  of  one  thousand  dollars  each,  payable  at  such  time  or  times,  not 
less  than  five  nor  more  than  thirty  years  from  the  date  thereof,  as  the  mayor  and 
fund  commissioner  of  said  city  shall  deem  best,  to  an  amotint  stifficient  to  realize 
on  a  sale  on  the  best  possit)le  terms  the  sum  of  three  hundred  and  sixty  thousand 

■  liilljirs.   which   bonds  shall    bear   interest   at   the   rate  of   six   i)er  cent   |)er  annum. 

ihle  semi-annually,  and  shall   have  attached  to  them  semi-annual  coupons  for 

payment  of  said  interest.     Said  bonds  shall  be  entitled  and  designated  on  their 

(rtie.    'Hark  Ilonds  of  the  City  of  St.  Louis;"  shall  be  payable  where  the  said  mayor 

and  fund  commisslorier  shall  designate  on  their  face;  shall  be  signed  by  the  mayor 

!  counlersigned  by  the  comptroller  of  the  city,  shall  have  the  seal  of  said  city 

\t"d   thereon,   and    be   binding   and   obligatory  on   said   city   as   an   Indebtedness 

■  ii.-ieof  generally.      (Laws  isr>7.  p.  174.  sec.  9.) 

'  Sec.  4  09.      Itonds  how  sold. — Said  bonds  shall  be  sold  by  the  said  mayor  or 

I  bjr  lome  person  duly  authorized  by  him  to  sell  the  same,  and  the  proceeds  thereof 
i-ihall  at  once  be  paid  over  Into  the  hands  of  the  aforesaid  commissioners  of  the 
Tower  drove  Park.     (lb.,  sec.  10.) 

I  Sec.    410.      .Moneys   where   deposited. — The   moneys   raised   upon    the   fund   or 

{stock  hereby  authorized,  as  well  as  other  moneys  by  them  received  and  as  soon  as 
received,  shall,  by  the  said  commissioners,  be  deposited  to  their  credit  in  any  bank 
iOr  banks  of  St.  Louis  to  bo  designated  by  the  board.  Such  bank  or  banks  shall 
allow  Interest  upon  such  deposits  as  may  be  agreed  upon  with  said  board,  and 
.shall  open  and  keep  an  account  with  said  boarcl.  and  no  moneys  shall  be  drawn 
therefrom,  except  upon  a  warrant  signed  by  at  least  a  majority  of  the  commis- 
■Hloners  In  office,  and  all  receipts  and  vouchers  shall  be  filed  in  the  office  of  said 
board.     (lb.,  sec.  ll.i 

I  Sec.  411.      .Moneys  how  applied. — The  said  commissioners  shall  apply  and  use 

fhe  said  moneys  so  coming  to  their  hands.  In  the  fencing,  improving,  ornamenting. 


172  STATE  LAWS  SPECIALLY  APPLICABLE  TO   ST.   LOUIS.  [CHAP.  23. 

and  beautifying  of  said  park,  in  such  manner  as  in  tlieir  judgment  will  best  serve 
to  make  said  park  a  place  of  recreation  in  the  resort  of  the  people  thereto;  but  the 
amount  expended  in  any  one  year  as  aforesaid  in  said  park,  shall  not  exceed  one- 
third  of  the  said  amount  so  authorized  to  be  paid  over  to  them  from  the  proceeds 
of  the  sale  of  the  aforesaid  bonds.     (lb.,  sec.  12.) 

Sec.  412.  Taxes  to  be  levied. — The  city  of  St.  Louis  and  the  county  of  St. 
Louis,  after  the  expiration  of  three  years  after  the  passage  of  this  act,  shall  order 
and  cause  to  be  raised  by  tax  on  the  estates,  real  and  personal,  subject  to  taxation 
according  to  existing  laws  within  said  city  and  county,  and  to  be  collected  in  addi- 
tion to  the  ordinary  taxes  yearly,  and  every  year  tollowing,  a  sum  of  money  suffi- 
cient and  equal  to  the  sum  of  twenty-five  thousand  dollars  in  specie  funds,  to  be  a 
perpetual  fund  for  the  keeping  up,  maintaining  and  improving  the  said  public 
park,  one-third  of  which  annual  sum  shall  be  levied  out  of  the  taxable  estates  as 
aforesaid  within  the  county  of  St.  Louis,  outside  of  the  limits  of  the  city  of  St. 
Louis,  and  the  remaining  two-thirds  of  which  annual  sum  shall,  in  like  manner, 
be  levied  within  the  limits  of  said  city.      (lb.,  sec.  13.) 

Sec.  413.  Avenues  to  be  widened. — It  is  hereby  made  the  duty  oi  the  county 
court  of  St.  Louis  county,  to  cause  Tower  Grove  avenue  to  be  widened  in  its 
present  extent  to  the  width  of  sixty  feet,  and  to  be  opened  the  same  width  on 
the  same  course  till  an  intersecting  with  the  JIarket  street  road;  also  to  cause 
Magnolia  avenue  to  be  opened  from  Grand  avenue,  and  also  to  cause  the  same  to 
be  widened  to  a  width  of  seventy  feet,  the  additional  width  of  twenty  feet  to  be 
taken  from  the  south  side  of  said  avenue.     (lb.,  sec.  14.) 

Sec.  414.  Proceedings  therefor. — The  proceedings  for  opening  and  widening 
said  avenues  and  roads,  shall  be  had  and  pursued  in  the  same  manner  as  is  or 
may  be  provided  by  law  for  the  opening,  widening  or  establishing  of  roads,  public 
or  private,  in  said  county.     (lb.,  sec.  1.5.) 

Sec.  415.  Avenues  to  be  improved. — As  soon  as  the  roads  mentioned  in  the 
last  preceding  sections  shall  be  widened,  opened  and  established,  as  herein  pro- 
vided, or  as  soon  thereafter  as  practicable,  the  said  county  court  shall  cause  Shaw 
avenue.  Tower  Grove  avenue  and  F"loral  avenue,  as  now  known  and  as  the  same 
shall  be  established,  to  be  macadamized  and  improved  in  the  same  manner  as 
other  public  roads  in  said  county  are  macadamized  and  improved.      (lb.,  sec.  16.) 

Sec.  416.  Debts  to  be  incurred  onl.y  with  authority  of  board. — None  of  the 
«aid  commissioners,  nor  any  person,  wnelher  in  the  employ  of  said  commissioners 
or  otherwise,  shall  have  the  power  to  create  any  debt,  obligation,  claim  or  liability 
for  or  on  account  of  said  board  or  the  moneys  or  property  under  its  control,  except 
with  the  express  authority  of  said  board  conferred  at  a  meeting  thereof  duly  con- 
vened and  held.     (lb.,  sec.  17.) 

Sec.  417.  Board  may  hold  gifts,  etc. — The  said  board  is  hereby  authorized  to 
take  and  hold  any  gifts,  devises  or  bequests  that  may  be  made  to  said  board,  upon 
such  trusts  and  conditions  as  may  be  prescribed  by  the  donors  or  grantors  thereof, 
and  agreed  to  by  said  board,  for  the  purpose  of  embellishing  or  ornamenting  said 
park,  and  shall  annually  make  in  its  report  a  statement  in  detail  of  the  conditions 
and  value  of  all  such  gifts,  devises  or  bequests,  and  of  the  names  of  the  persons  by 
whom  the  same  are  so  given,  devised  or  bequeathed.     (lb.,  sec.  IS.) 

Sec.  41S.  Gunning,  etc.,  proliibited. — Gunning  or  the  discharging  of  fire- 
arms in  St.  Louis  city  or  township,  within  the  limits  of  one  mile  of  said  park  in 
any  direction,  is  hereby  prohibited,  and  any  person  who  shall  violate  this  pro- 
vision of  law  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction  before 
the  police  magistrate  of  the  city  of  St.  Louis,  or  any  justice  of  the  peace  of  St. 
Louis  county,  shall  be  subject  to  a  fine  of  twenty  dollars,  and  in  default  of  pay- 
ment of  such  fine  to  imprisonment  in  the  county  jail  of  the  county  not  less  than 
ten  nor  more  than  twenty  days.     (lb.,  sec.  19.) 

Sec.  419.  Cattle  prohibited  at  large. — All  persons  are,  in  like  manner,  within 
the  limits  in  the  jjrecedlng  section  stated,  prohibited  from  turning  horses,  cows, 
sheep,  swine  or  other  cattle  on  the  public  highways,  or  other  roads,  or  uninclosed 
lands,  or  from  willfully  permitting  the  same  to  go  at  large  thereon  tor  the  purpose 
of  grazing  or  any  other  purpose,  under  the  penalty  prescribed  in  said  section,  and 
to  be  enforced  in  like  manner  as  therein  prescribed.      (lb.,  sec.  20.) 

Sec.  4  2  0.  Office  commissioner,  vacant  when. — The  office  of  either  of  said 
commissioners  who  shall  not  attend  the  meetings  of  the  board  for  three  successive 
months,  after  having  been  duly  notified  of  said  meetings,  without  reasons  satis- 
factory to  said  board,  or  without  leave  of  absence  from  said  board,  may,  by  said 
board  be  declared  vacant.      (lb.,  sec.  21.) 

Sec.  421.  Vacanc.v,  how  filled. — In  case  of  any  vacancy  occurring  in  the  mem- 
bership of  the  board  of  commissioners  from  death,  resignation  or  disqualification 
to  act,  the  same  shall  be  filled  by  the  remaining  members  of  the  board  for  the 
residue  of  the  term  then  vacant,  and  all  vacancies  caused  by  expiration  of  the 
term  of  office  shall  be  filled  by  the  appointment  of  the  judges  of  the  supreme 
court  of  the  State  for  the  time  being,  or  a  majority  of  them.     (lb.,  sec    22.) 


i-iiAi'.   23.1      ST.VTr:  i.Aws  snx'iAi.LV  ArPLiCABLic  TO  ST.  i.oris.  I7;i 

Sec.  422.  Itourd  (<•  rv-pm-t. — The  said  board  shall,  antuially.  and  in  llio  nionlli 
of  January  in  oac-h  year.  nial<e  to  the  city  council  of  said  city  a  full  report  of  their 
proceedings,  and  a  detailed  statement  of  all  their  receipts  and  expenditures,  (lb., 
p.  175.  sec.  23.) 

Sec.  423.  I.anils  exempt  from  (a.vation. — .-Xs  soon  as  the  said  Henry  Shaw 
shall  grant  and  convey  to  the  city  of  St.  Louis,  any  land  contained  within  the 
boundaries  named  in  the  first  section  of  this  act,  the  said  land,  and  every  part 
thereof  so  conveyed,  so  long  as  the  same  shall  be  held  in  fee  by  the  said  city  of 
St.  Louis,  and,  in  consideration  of  such  grant  and  conveyance  by  him.  shall  be 
exempt  from  the  payment  of  all  State,  county,  municipal  or  other  taxation  imposed 
or  to  be  Imposed  under  or  by  virtue  of  any  law  of  this  State  whatsoever.  (lb., 
«ec.  24.) 

Sec.  424.  Adclitioiinl  bonds  may  l>e  issued. — The  city  of  St.  Louis  is  author- 
ized In  addition  to  the  bonds  authorized  to  be  issued  under  the  ninth  section  of 
this  act,  to  issue  other  bonds  of  the  same  character  and  in  the  same  manner  as  in 
said  section  provided,  to  the  amount  of  not  exceeding  fifty  thousand  dollars,  for  the 
purchase  of  land  adjoining  to  the  land  mentioned  in  the  first  section  of  this  act, 
for  the  purposes  of  a  public  park  and  to  form  part  of  said  Tower  Grove  Park,  and 
which  land  if  and  when  acquired  by  purchase,  shall  be  held,  governed  and  regu- 
lated as  Is,  In  all  res|)ects,  provided  by  this  act  with  reference  to  the  aforesaid 
public  park.     (lb.,  sec.  25.) 

Sec.  425.  Ii«'vy  of  tH.\es  for  park. — If  for  any  years,  the  city  of  St.  Louis,  or 
the  county  of  St.  Louis  shall  have  failed,  or  may  hereafter  fail  to  levy  the  pro- 
portional amount  of  the  annual  sum  to  be  raised  under  the  provisions  of  said  sec- 
tion (section  thirteen),  [412  supra]  to  be  levied  by  such  city  or  county,  then  said 
city  or  county  may  Include  In  and  add  to  the  levy  of  any  succeeding  year  such 
amounts  so  omitted  be  levied,  in  addition  to  the  amount  to  be  levied  for  such  suc- 
ceeding year,  and  the  whole  amount  shall  be  levied  on  estate,  real  and  personal, 
subject  to  taxation  according  to  existing  laws  within  said  city  and  county,  in  the 
year  In  which  said  levy  shall  be  made.  The  said  city  of  St.  Louis  shall  levy  upon 
said  taxable  estates,  within  its  limits,  two-thirds  of  said  tax.  and  the  remaining 
one-third  shall  be  levied  by  the  county  court  upon  the  taxable  estates  outside  of 
said  limits.  The  annual  amount  to  be  raised  may  be  paid  by  the  city,  or  the 
county,  out  of  their  general  funds,  each  respectively,  and  in  that  event,  the  city  or 
county  so  paying  may  add  to  its  other  rates  of  taxation  for  the  same  year  a  per- 
centage sufficient  to  reimburse  It  for  the  sum  so  paid,  without  making  it  a  direct 
tax;  and  the  general  tax  thus  augmented,  may  be  assessed,  levied  and  collected  as 
provided  by  law  for  the  time  being.  With  the  assent  of  the  city  of  St.  Louis  the 
county  court  of  St.  Louis  [county]  may  levy  the  whole  of  said  tax  on  the  taxables 
of  the  entire  county,  without  sub-dividing  the  tax  between  the  city  limits  and  the 
portion  of  the  county  beyond  them.  At  the  time  of  assessing  in  any  of  the  modes 
hereinbefore  set  forth,  the  rate  of  the  equivalent  of  gold  shall  be  fixed  by  the  city 
or  county  respectively  assessing  the  same.  The  powers  in  this  act  given  to  said 
county  of  St.  Louis  shall  be  exercised  or  not  by  their  respective  authorities  at  their 
discretion  and  such  arrangements  as  they  may  severally  make,  if  they  deem  neces- 
sary, with  the  grantor  and  commissioners  of  said  Tower  Grove  Park.  (Session 
Laws  1872.  p.  469,  sec.  1.) 

Sec.  426.  Sluugliler  hou.sos,  etc,  proliibitnl,  wlicrc. — The  erection  of  slaugh- 
ter houses,  tanneries,  skin-dressers'  shops  or  establishments,  bone  factories,  bone 
burners'  establishments,  chemical  works,  candle  factories,  soap  factories,  tallow 
chandlers'  eetablishments  and  within  the  limits  of  one-quarter  of  a  mile  in  any  di- 
rection from  the  exterior  lines  of  Tower  Grove  Park,  in  the  city  or  county  of  St. 
Louis,  as  the  same  Is  now  laid  out.  is  hereby  prohibited.  And  if  the  said  park 
shall  hereafter  be  extended  so  as  to  include  additional  land,  such  erections  arc 
also  hereby  prohibited  within  the  limits  aforesaid,  from  the  exterior  lines  of  said 
park  as  the  same  may  be  extended,  as  soon  as  such  extension  .shall  be  made.  And 
any  person  making  any  such  erection,  or  carrying  on  business  at  or  In  the  same 
within  the  above  llmils,  and  In  vioiation  of  the  above  provisions,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  may  be  prosecuted  therefor  In  the  name  of  the  city 
of  St.  Louis,  before  the  police  justice  of  the  city  of  St.  Louis,  or  before  any  justice 
of  the  peace  of  St.  Louis  cotinty.  or  before  the  St.  Louis  court  of  criminal  correction, 
and  on  conviction  thereof  shall  be  subject  to  a  fine  of  not  less  than  fifty  nor  more 
than  five  hundred  dollars,  which  fine  If  collected,  shall  be  paid  to  the  city  of  St. 
Louis,  and  In  default  of  payment  of  such  fine,  to  Imprisonment  In  the  county  jail 
0(  St.  Louis  county,  or  the  work-house  of  the  city  of  St.  Louis  not  less  than  ten 
nor  more  than  sixty  days.     (Session  I^aws  1871.  p.  189,  sec.  1.) 


174  STATE  LAWS  SPECIALLY   APPLICABLE  TO  ST.   LOUIS.  [CHAP.  24. 

CHAPTER  TWENTY-FOUR. 


Art.      1.  The  Police  Act  creating  board  and  authorizing  ai)i)ointinent  of  force. 

Art.    II.  Pensions  of  policemen. 

Art.  III.  Holidays  to  officers  of  police. 

Art.  IV.  Special  police  officer  of  Humane  Society. 

ARTICLE  I. 

THE     POLICE     ACT     CREATING     BOARD     AND     .\lTTHORIZING     APPOINTMENT     OF 

FORCE.* 

Section  4  2  7.  Act  of  1861  aud  amoiidatoi-y  acts  i-eitealod. — An  act  entitled 
"An  act  creating  a  board  of  police  commissioners  aud  authorizing  the  ap- 
I)ointment  of  a  police  force  for  the  city  of  St.  Louis,"  approved  March  27th,  1861, 
and  all  acts  supplementary  to  and  amendatory  thereof  be  and  the  same  are  hereby 
repealed.      (Laws  1899,  p.  51 — 6,) 

Sec.  4  2  8.  Ordinances  to  be  passed  to  protect  persons  and  property. — In  all 
cities  of  this  state  that  now  have  or  may  hereafter  attain  a  population  of  three 
hundred  thousand  inhabitants  or  over,  the  common  council  or  municipal  assembly, 
as  the  case  may  be,  of  such  cities  may  pass  ordinances  for  i)reserving  order,  se- 
curing property  and  persons  from  violence,  danger  or  destruction,  protecting  pub- 
lic and  private  property,  and  for  promoting  the  interests  and  insuring  the  good 
government  of  such  cities;  but  no  ordinances  heretofore  passed  or  that  may  here- 
after be  passed  by  the  common  council  or  municipal  assembly  of  such  cities,  shall, 
in  any  manner,  conflict  or  interfere  with  the  pow'ers  or  the  exercise  of  the  powers 
of  the  boards  of  police  commissioners  of  such  cities,  as  hereinafter  created,  nor 
shall  the  said  cities  or  any  officer  or  agent  of  the  corporation  of  said  cities,  or  the 
mayor  thereof,  in  any  manner,  impede,  obstruct,  hinder  or  interfere  with  the  said 
boards  of  police  or  any  officer,  or  agent  or  servant  thereof  or  theieunder.  (lb.,  p. 
51,  sec.  2.     R.  S.  1899,  sec.  6209.) 

Sec.  429.  Hoards  of  police  commissioners  established. — In  all  cities  of  this 
state  that  now-  have  or  may  hereafter  attain  a  population  of  three  hundred  thou- 
sand inhabitants  or  over,  there  shall  be,  and  is  hereby  established,  within  and  for 
said  cities,  a  board  of  police,  to  consist  of  four  eommissiners,  as  hereinafter 
provided,  together  with  the  mayor  of  said  cities  for  the  time  being,  or  whosoever 
may  be  officially  acting  in  that  capacity,  and  said  board  shall  appoint  one  of  its 
members  as  presidest.  and  one  member  who  shall  act  as  vice-president  during  the 
absence  of  the  president;  and  such  president,  or  vice-president,  shall  be  the  execu- 
tive officer  of  the  board  and  shall  act  for  it  when  the  board  is  not  in  session.  The 
said  commissioners  shall  be  citizens  of  the  State  of  Missouri,  and  shall  have  been 
residents  of  the  cities  for  a  period  of  four  years  next  preceding  their  appoint- 
ment; they  shall,  except  as  hereinafter  specified,  hold  their  offices  for  four 
years,  and  until  their  respective  successors  shall  have  been  appointed  and  quali- 
fied, and  receive  each  a  salary  of  one  thousand  dollars  ($1,000.00)  per  annum, 
payable  monthly;  before  entering  upon  the  duties  of  their  said  offices,  the  said 
commissioners  and  the  said  mayor,  shall  take  and  subscribe  before  some  judge  of 
the  circuit  court  of  judicial  circuit  in  which  said  cities  shall  be  located  or  the 
clerk  thereof,  the  oath  or  affirmation  prescribed  by  the  constitution  of  the  State 
of  Missouri,  and  shall  also  take  and  subscribe  before  the  same  judge  or  clerk  the 
further  oath  or  affidavit  that  in  any  and  every  appointment  or  removal  to  be  made 
by  them  to  or  from  the  police  force  created  and  to  be  organized  by  them  under 
this  article,  they  will  in  no  case  and  under  no  pretext  appoint  or  remove  any  police- 
man or  officer  of  police  or  other  person  under  them,  on  account  of  the  political 
opinions  of  such  police  officer  or  other  person,  or  for  any  other  cause  or  reason 
than  the  fitness  or  unfitness  of  such  a  person,  in  the  best  judgment  of  such  com- 
missioners, for  the  place  for  which  he  shall  be  appointed,  or  from  the  place  from 
which  he  shall  be  removed.  The  said  oaths  or  affirmations  shall  be  recorded  and 
preserved  among  the  records  of  the  said  circuit  court.  One  of  their  number  shall, 
from  time  to  time,  be  appointed  by  the  said  commissioners  treasurer  of  said  board 
of  police;  and  his  appointment,  when  made,  shall  be  certified  to  by  the  clerk  of 
the  circuit  court  of  the  judicial  circuit  in  which  said  cities  shall  be  located,  under 

•This  police  act  was  upheld  by  the  Supreme  Court  in  State  ex  rel.  vs.  Mason.  153 
Mo.  23,  its  validity  being  fully  sustained,  and  in  this  case  as  ^vell  as  the  later  case  of 
State  ex  rel.  vs.  Stobie,  92  Soutliw.  191;  8.  c.  194  Mo.  14.  the  history  of  the  police  acts 
were  discussed  in  the  opinions,  as  well  as  the  principles  upon  which  these  acts  rest.  In 
the  latter  case  Sec.  14  of  the  Scheme  was  hold  to  be  annulled  in  si>  far  as  it  purported 
to  confer  authority  on  the  St.  Louis  city  police  force  to  act   in   the  county  of  St.  Louis. 

(*)  The  act  of  1899  is  really  an  amendment  of  the  act  1860-1861.  although  it  pur- 
ports to  repeal  the  latter:  .State  ex  rel.  vs.  Mason.  1.t3  Mo.  2.t.  But  in  so  far  as  differing 
therefrom  of  course  repeals  the  old  law:  State  ex  rel.  vs.  Stobie,  li'l  Mo.  11.  (see  both 
majority  and  dissenting  opinions.) 


ART    1.1  STATK   LAWS  SPECIALLY   Al'l'LlCAHLI-:  TO   ST.    LOUIS.  I75 

the  seal  of  said  court.  Saiil  treasurer  shall  hold  his  oflli-e  for  siuh  time  as  may  be 
desiKiiated  hy  the  commissioners,  who  may  remove  him  at  ijleasure.  Hefore  he 
enters  upon  the  duties  of  his  office  as  treasurer,  he  shall  give  bond  to  the  State  of 
Missouri,  with  one  or  more  sureties.  In  the  penalty  of  ten  thousand  dollars,  con- 
ditioned for  the  faithful  discharge  of  his  duties  as  treasurer  of  the  board 
of  police,  and  for  the  faithful  api)licalion  and  payment  over.  |)ursuaiit  to  the 
order  and  direction  of  said  board,  of  all  moneys  which  may  come  to  his  hands  as 
such  treasurer.  The  bond  of  the  treasurer  shall  be  approved  bv  a  judge  of  the 
circuit  court  of  the  judicial  circuit  in  which  said  cities  shall  be  located  and  shall 
be  delivered  to  and  safely  kept  by  the  treasurer  of  said  cities.  The  boards  shall 
appoint  a  secretary  to  act  as  such  for  the  board  of  police  commissioners,  to  serve 
for  the  same  time  and  in  the  bumo  manner  as  other  officers,  and  such  appoint- 
ments shall  be  additional  to  the  number  of  appointinents  hereinafter  provided  for: 
Provided,  that  his  salary  shall  be  determined  and  fixed  by  the  boards  of  police 
commissioners,  and  no  other  provisions  of  this  article  shall  apply  in  the  determin- 
ation of  the  amount  of  said  salary. A  majority  of  the  boards  of  police  shall  constitute 
a  quorum:  and  the  failure  or  refusal  of  the  mayor  or  acting  mayor  of  said  cities 
to  (jualify  or  act  hereunder,  shall  in  nowise  impair  the  right  or  duty  of  said  com- 
missioners to  organize  and  proceed  as  herein  provided.  In  case  a  vacancy  shall 
occur  on  said  board,  the  same  shall  be  filled  by  the  governor  of  the  State  of  .Mis- 
souri forthwith,  after  having  been  notified  that  such  vacancy  exists.  Anyone  of 
said  commissioners,  who.  during  his  term  of  office,  shall  accept  any  other  i)lace  of 
public  trust  or  emolument,  or  who.  during  the  same  period,  shall  knowingly  re- 
ceive any  nomination  for  an  office  elective  by  the  people,  without  iniblidy  declln- 
Ing  same  within  tenty  days  succeeding  such  nomination,  or  shall  become 
a  candidate  for  the  nomination  for  any  office  at  the  hands  of  any  political  party. 
shall  be  deemed  to  thereby  forfeit  or  vacate  his  office.  .\ny  of  said  comniission- 
ers  may  be  removed  by  the  governor  of  the  State  of  Missouri  upon  his  being  fully 
satisfied  that  the  commissioner  Is  guilty  of  any  official  misconduct.  (lb.,  p.  52. 
gee.  :!.      R.  S.  1899.  sec.  6210 — c.) 

Sec.  430.  (Jovernor  to  appoint  commissioners. — The  governor  of  the  State  of 
.Missouri,  by  and  with  the  advice  and  consent  of  the  senate,  shall  ajjpoiut  the  four 
commissioners  i)rovided  for  in  section  3  of  this  article  [sec.  429  above]  and  said 
commissioners  shall  hold  their  offices  for  four  years  and  until  their  successors  shall 
have  been  appointed  and  qualified.  The  governor  shall  issue  commissions  to  the 
IK^rsons  so  appointed,  designating  the  time  for  which  they  are  appointed  in  case  the 
appointment  is  to  fill  an  unexpired  term  occasioned  by  death,  resignation  or  any 
other  cause,  and  whenever  the  term  of  office  of  any  commissioner  expires,  the  ap- 
pointment of  his  successor  shall  be  for  four  years.  The  commissioners  now 
holding  offices  under  existing  laws  in  any  city  of  this  state  to  which  this  act  ap- 
plies, are  to  hold  their  offices  until  the  expiration  of  their  terms,  and  their  suc- 
cessors are  duly  appointed  and  qualified.     (lb.,  p.  53,  sec.  4.    R.  S.  1  S99,  sec.  6211.) 

Sec.  431.  Duties  ot  coinniissioner.s. — The  duties  of  the  boards  of  police 
hereby  created  shall  be  as  follows:  They  shall,  at  all  times  of  the  day  and  night, 
within  the  boundaries  of  said  cities,  as  well  on  water  as  on  land,  preserve  the  |)ub- 
llc  peace,  prevent  crime  and  arrest  offenders;  protect  the  rights  of  persona  and 
property:  guard  the  public  health:  preserve  order  at  every  public  election,  and  at 
all  public  meetings  and  places,  and  on  all  public  occasions;  prevent  and  remove 
nuisances  on  all  streets,  highways,  waters  and  other  places;  provide  a  i)roper  po- 
lice force  at  every  fire  for  the  protection  of  firemen  and  property;  protect  enii- 
Rranls  and  travelers  at  steamboat  landings  and  railway  stations;  see  that  all  laws 
relating  to  elections  and  to  the  observance  of  Sunday,  and  regulating  pawnbrokers. 
Kamblers.  Intemperance,  lotteries  and  lottery  policies,  vagrants,  disorderly  per- 
.sons.  and  the  public  health  are  enforced.  They  shall  also  enforce  all  laws  and  all 
ordinances  passed  or  which  may  hereafter  be  passed  by  the  common  council  or 
municipal  assembly  of  said  cities,  not  Inconsistent  with  the  provisions  of  this  article 
or  any  other  law  of  the  State,  which  may  be  pro|)erly  enforceable  by  a  police  force. 
In  case  they  shall  have  any  reason  to  believe  that  any  person  within  said  cities  in- 
tends to  commit  any  breaches  of  the  peace,  or  violation  of  the  law  or  order  beyond 
the  city  limits,  any  person  charged  with  the  commission  of  crime  In  said  cities  and 
against  whom  criminal  process  shall  have  Issued,  may  be  arrested  upon  the  same 
In  any  part  of  this  state  by  the  police  force  created  or  authorized  by  this  act:  Pro- 
vided, however,  that  before  the  person  so  arrested  shall  be  removed  from  the 
I'ounty  in  which  such  arrest  is  made  he  shall  be  taken  before  some  judge  or 
Justirp  of  the  county,  to  whom  the  papers  authorizing  such  arrest  shall  be  sub- 
mitted; and  the  person  so  arrested  shall  not  be  removed  from  said  county,  but 
shall  forthwith  be  discharged,  unless  such  judge  or  justice  of  the  peace  shall  en- 
dorse and  approve  said  papers.  The  said  police  commissioners,  or  either  of  them. 
shall  hare  the  power  to  administer  oaths  or  affirmations  in  the  premises,  to  any 

'<•)  t'ndfT  tho  act  of  ISRO  the  members  of  the  police  force  are  the  executive  offlcors 
of  the  board  when  It  Is  not  In  session,  and  not  the  mayor:  Francis  vs.  Blair.  96  Mo.  515. 


170  STATE   LAWS  SPECIALLY  APPLICABLE  TO   ST.   LOUIS.  [CHAP.    24. 

person  appearing  or  called  before  them.  They  shall  also  have  the  power  to  sum- 
mon and  compel  the  attendance  of  witnesses  before  them,  whenever  it  may  be 
necessarv  for  the  more  effectual  discharge  of  their  duties,  (lb.,  p.  35,  sec.  5.  R. 
S.   lS99,"sec.   6212 — d.) 

Sec.  432.  May  appoint  and  eiiiplo)-  perniaiicnt  police  force — niiniber  of — 
term,  etc. — To  enable  the  said  boards  to  perform  the  said  duties  imposed  upon 
them,  they  are  hereby  authorized  and  required  to  appoint,  enroll  and  employ  a 
permanent  police  force  for  the  said  cities,  which  they  shall  equip  and  arm  as  they 
may  judge  necessary.  The  number  of  policemen  to  be  appointed  shall  not  be  less 
than  twelve  hundred  and  fifty  patrolmen  and  one  hundred  and  fifty  probationary 
patrolmen;  provided,  however,  that  appointees  constituting  the  increase  of  patrol- 
men authorized  by  this  act  shall  serve  one  year  as  probationary  patrolmen  before 
attaining  the  rank  of  patrolmen;  the  number  of  detectives  to  be  appointed  shall 
not  be  less  than  twenty-five;  the  number  of  turnkeys  to  be  appointed  shall  not  be 
less  than  thirty-five,  and  in  the  appointment  of  such  turnkeys,  retired  and  disabled 
policemen  shall  be  given  the  preference,  together  with  the  officers  hereinafter 
mentioned,  and  such  number  may  be  increased  to  such  additional  force  as  extraor- 
dinary emergencies  may  require,  and  any  act  of  the  municipal  assembly  or  common 
council  tending  to  diminish  the  number  of  men  above  specified  shall  be  null  and 
void.  The  boards  alone  shall  have  the  power  to  determine  whether  such  extraor- 
dinary emergencies  requiring  additional  patrolmen  exist  or  not,  and  their  finding 
in  the  matter  Is  not  subject  to  review  by  any  other  power.  Said  boards  shall  cause 
the  force  of  sergeants,  patrolmen  and  probationary  patrolmen  in  such  cities  to  be 
divided  as  equally  as  may  be  into  three  platoons,  and  thereafter  eight  hours  shall 
constitute  the  time  of  regular  service  for  the  members  of  each  platoon  during  any 
one  day  of  twenty-four  hours.  Nothing  herein,  however,  shall  be  so  construed 
as  to  prevent  the  Board  of  Police  Commissioners  in  any  city  from  suspending  the 
operation  of  such  rule  fixing  tlie  time  of  regular  daily  service  of  such  iiolice  offi- 
cers in  case  of  existing  emergencies,  and  said  board  shall  have  full  power  to  de- 
termine the  existence  and  duration  of  such  emergencies,  and  its  finding  in  respect 
thereto  shall  not  be  subject  to  review  by  any  other  power.  No  person  shall  be 
appointed  or  employed  as  policeman,  detective,  turnkey  or  officer  of  police  who 
shall  have  been  convicted  of,  or  against  whom  any  indictment  may  be  pending  for 
any  offense,  the  punishment  of  which  may  be  confinement  in  the  penitentiary; 
nor  shall  any  person  be  so  appointed  who  is  not  of  good  character,  or  who  is  not 
a  citizen  of  the  United  States  or  who  is  not  able  to  read  and  write  the  English 
language,  or  who  does  not  possess  ordinary  physical  strength  and  courage.  The 
patrolmen,  detectives  and  turnkeys  hereafter  appointed  shall  serve  while  they 
shall  faithfully  perform  their  duties,  and  possess  mental  and  physical  ability,  and 
be  siibject  to  removal  only  for  cause  at  the  hearing  by  the  board  who  are  hereby 
invested  with  the  exclusive  jurisdiction  in  the  premises.  (Laws  1907,  p.  113, 
amending  Laws  1903,  p.  92,  amending  R.  S.  1899,  sec.  6213 — e. ) 

Sec.  433.  Officers  of  police — rank — number — bond. — The  officers  of  police 
shall  be  as  follows;  One  chief  of  police,  with  rank  of  colonel,  who  shall  give 
bond,  with  security,  in  the  penal  sum  of  twenty  thousand  dollars  ($20,000),  for 
the  faithful  performance  of  his  duties;  one  assistant  chief  of  police,  with  rank  of 
lieutenant-colonel;  one  chief  of  detectives,  with  rank  of  major;  one  assistant  chief 
of  detectives,  with  rank  of  lieutenant;  one  inspector,  with  rank  of  major;  one 
secretary  of  the  chief;  one  superintendent  of  Bertillon  system:  fourteen  captains; 
fourteen  lieutenants,  and  one  hundred  and  thirty  sergeants.  They  shall  haye 
commissions  issued  to  them  by  the  board  of  police  commissioners  and  those  here- 
after commissioned   shall   serve  while  they  shall   faithfully  perform   their  duties, 


(rf)      State  vs.  Boyd,  lOS  Mo.  App.  1.  c.  524-525;  See  also  State  ex  rel.  vs.  Stobie.  supra. 

(,•)  As  to  the  reasonableness  of  the  number  of  the  force  (under  the  act  of  1S99 
before  the  above  amendment)  see  State  ex  rel.  vs.  Mason,  153  Mo.  23.  also  liolding 
that  there  was  no  delegation  of  authority  to  the  board  contemplated  to  determine  the 
number  of  men.  The  term  for  which  a  policeman  is  appointed  was  four  years,  and 
If  he  holds  over  after  the  expiration  of  that  time  it  is  not  a  new  appointment  by 
implication  for  another  four  years,  but  he  becomes  a  mere  locum  tnmts.  and  may  be 
discharged  bv  the  board  at  will  without  notice,  nor  does  the  former  provision  giving 
an  officer  who  has  faithfullv  performed  his  duty  a  preference  for  reappointment  change 
this  result:  State  ex  rel.  Rife  vs.  Hawes.  177  Mo.  360  (overruling  State  ex  rel.  Campbell 
vs.  Board.  14  Mo.  App.  308,  s.  c.  88  Mo.  144.  which  held  that  where  there  was  no 
definite  period  of  appointment  the  law  fixed  it  at  four  years).  But  during  the  term 
for  wliich  the  officer  was  appointed  he  could  not  be  removed  without  notice  and 
a  hearing,  and  if  so  illegally  removed  he  could  mandamus  the  board  to  issue  a  w*arrant 
for  his  salary:  State  ex  rel.  Gieselman  vs.  Hawes.  177  Mo.  387,  following  State  ex  rel. 
vs.  Chapman,  153  Mo.  194.  The  tenure  of  a  captain  is  not  a  definite  term  of  four  years 
but  indefinite,  depending  on  the  pleasure  of  the  board:  State  ex  rel.  Young  vs.  Hawes. 
177  Mo.  393;  State  ex  rel.  vs.  Huebler,  177  Mo.  398.  As  to  removal  of  turnkeys  see  State 
ex  rel.  Bruce  vs.  Hawes,  177  Mo.  394;  State  ex  rel.  Rife  vs.  Hawes,  177  Mo.  360,  382 
(holding  that  a  turnkey  held  at  the  pleasure  of  the  board). 


AKT.    1.)  STATi:   KWVS  SPECIAI.I.V   AIM'LICABLE  TO  ST,    LOflS.  I77 

and  possess  mental  and  physical  ability,  and  he  suhjert  to  removal  only  for  cause 
after  a  hearinK  hy  the  hoard,  wlio  are  hereby  invested  with  the  exclusive  juris- 
diction in  the  premises.  (Laws  1907.  p.  11-1.  amending  It.  S.  1S99.  sec.  fiil-t — 1.) 
Sec.  434.  Conipeiisatloii  of  police. — The  chief  of  police  shall  receive  five 
thousand  dollars  (  $.'i,OtMl.iMl )  [ler  annum,  payable  in  monthly  installments;  the  as- 
sistant chief  of  police  shall  receive  thirty-eight  hundred  dollars  ($3,800.00)  per 
aDnuni.  payable  in  monthly  installments;  the  chief  of  detectives  shall  receive 
thirty-live  hundred  dollars  (13,500.00)  per  annum,  payable  in  monthly  install- 
ments; the  assistant  chief  of  detectives  shall  receive  eighteen  hundred  dollars 
($1, MOO. 00)  per  annum,  iiayable  in  monthly  installments;  the  secretary  of  the  i)o- 
llce  board  shall  receive  a  salary  oi  twenty-live  hundred  dollars  ( $L',.')00.00)  per 
annum,  payable  in  monthly  installments;  the  inspector  shall  receive  twenty-live 
hundred  dollars  ( IL'.oOO.OO )  per  annum,  payable  in  luonthly  installments;  the  sec- 
retary to  the  chief  shall  receive  two  thousand  dollars  ($2,000.00)  per  annum, 
payable  in  monthly  installments;  the  superintendent  of  the  Hertillon  system  shall 
receive  eighteen  hundred  dollars  ($1,800.00)  i)er  annum.  i)ayable  in  monthly  in- 
stallments; each  captain  shall  receive  twenty-four  hundred  dollars  ($:i.400( 
per  annum,  payable  in  monthly  installments;  each  lieutenant  shall  receive  fifteen 
hundred  dollars  ($l..jOO.0O)  per  annum,  payable  in  monthly  installments;  each 
sergeant  shall  receive  thirteen  hundred  and  eighty  dollars  ($l,3S0.0(i|  per  annum, 
payable  in  monthly  installments;  each  detective  shall  receive  thirteen  hundred 
and  eighty  dollars  ($1,380.00)  per  annum,  payable  in  monthly  installments;  each 
patrolman  shall  receive  ten  hundred  and  eighty  dollars  ( $1,080.00 1  per  annum. 
payable  in  monthly  installments:  each  probationary  patrolman  shall  receive  seven 
hundred  and  eighty  dollars  ($780.00)  per  annum,  payable  in  monthly  install- 
ments; each  turnkey  shall  receive  seven  hundred  and  eighty  dollars  ($780.00) 
per  annum,  payable  in  monthly  installments.  The  rate  of  salaries  herein  pro- 
vided shall  not  be  less  than  the  amounts  above  enumerated,  and  any  act  of  the 
municipal  assembly  or  common  council  of  the  said  cities  tending  to  lower  the 
above  scale  shall  be  null  and  void.  It  shall  be  the  duty  of  the  municipal  assembly 
^  or  common  council  of  the  said  cities  to  make  the  necessary  appropriation  for  the 
'  expense  of  maintenance  of  said  police  force  in  the  manner  hereinafter  provided. 
j    (lb.,  p.  55,  sec.  8.    R.  S.   1899.  sec.  6215.) 

i  Sec.  435.      Vucancies,  how  lilled — proinotion.x — relief — rules,  etc. — When  any 

;    vacancy  shall  take  place  in  any  grade  of  officers,  it  shall  be  filled   from  the  next 
'   iowest    grade:      Provided,    however,    that    probationary    i)atrolmen    shall    serve   at 
I  least    one    year    as    such     before     being     promoted     to     the     rank    of    patrolman; 
,   patrolmen     shall     serve     at     least     three     years     as     such     before     being     pro- 
I  aioted  to  the  rank  of  sergeant;  sergeants  shall  serve  at  least  one  year  as  such  be- 
I  fore  being  promoted  to  the  rank  of  lieutenant;  lieutenants  shall  serve  at  least  one 
year  as  such  before  being  promoted  to  the  rank  of  captain:   and  in  no  case  shall 
the  chief  or  assistant  chief  be  selected  from  men  not  members  of  the  force  or  below 
'  the  grade  of  cai)tain.     Patrolmen  shall  serve  at  least  three  years  as  such  before 
'  promotion  to  the  rank  of  detective;   the  inspector  shall  be  taken  from  men  In  the 
rank  not  below  the  grade  of  lieutenant.   The  boards  of  police  are  hereby  authorized 
I  to  make  all  such   rules  and   regulations,   not  inconsistent  with   this   act,   or  other 
1  laws  of  the  state,  as  they  may  judge  necessary,  for  the  appointment,  employment, 
uniforming,  discipline,  trial  and  government  of  the  police,  and  for  the  relief  and 
1  compensation  of  members  of  the  police  force  injured  in  person  or  property  in  the 
discharge  of  their  duties,  and  the  families  of  the  officers  or  men  killed   while  in 
such  discharge  of  duty:    Provided,  that  the  allowance  shall  not  exceed,  in  any  one 
•  Instance,  twelve  months'   pay.     The  said  boards  shall  also  have  power  to  require 
I  of  any   officer  or   policeman    bond   with   sureties,   when    they   may   consider   it    de- 
manded  by  the  public  Interests.      All   lawful   rules  and   regulations  of  the  boards 
shall  be  obeyed  by  the  police  force  on  pain  of  dismissal,  or  such  lighter  punish- 
ment, either  by  suspension,   fine,  reduction  or  forfeiture  of  pay.  or  otherwise,   as 
the  boards  may  adjudge.     ( lb,  p.  55.  sec.  9.    R.  S.   1899,  sec.  6216.) 

Sec.  436.  Police  officers  to  receive  no  Kmtuitjr. — No  officer  of  police  or 
policeman  shall  be  allowed  to  receive  any  money  or  gratuity  or  compensation  for 
lany  service  he  may  render  without  the  consent  of  the  said  boards;   and  all  such 


(f)  As  to  homing  ovpr  after  term  and  removal  with  or  without  notlte  and  preference 
for  reappointment,  see  precedlnK  note.  The  power  to  determine  whether  a  policeman 
|h««  falthfiilly  performed  hLs  dutle.i  la  vested  In  the  hoard  and  Is  not  sutijeet  to  review 
|by  the  court:  State  ex  rel.  Jtlfe  vs.  Ilawes.  177  Mo.  .180.  379.  Under  the  former  act 
'ih*  board  appointed  the  chief  for  a  tl.ved  time:  wluTe  however  they  expressly  did 
"  !  rtx  the  time  It  was  held  that  the  law  tlxed  It  at  four  .vears  and  ttiat  he  could  not 
removed  witlioiit  cause  before  the  end  of  the  term:  State  ex  rel.  Campbell  vs. 
ird.  1(  Mo.  .\pp.  21*7.  affirmed  SS  Mo.  14  1:  but  tliat  case  was  expressly  overruled 
">•  the  later  case  of  i^tate  ex  rel.  Rife  vs.  Hawes.  177  Mo.  360.  The  chief  mav  be 
^suspended  pendInK  trial:  State  ex  rel.  Campbell  vs.  Board.  IS  Mo.  App.  -IS.  He  Is 
entitled  to  the  benefit  of  counsel  at  the  trial;  so  held  In  State  ex  rel.  Klely  vs.  Board 
jof  Police  Commissioners.  (Supreme  Court  In  banc  Feb.  26.  1!>06:  no  opinion  was  Hied 
jn  the  cause,  to  the  time  of  this  wrltlnel.  The  police  are  both  state  and  city  offlcers: 
See  Infra  Sec.   451   and   note  to  Art.    I\'.  Sec.    43  of  Charter. 


ITS  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.  LOUIS.        tCHAP.    2t 

moneys  as  any  policeman  or  police  officer  may  be  so  permitted  to  receive,  shall  be 
paid  over  to  the  boards,  and  together  with  all  the  proceeds  of  all  fines,  forfeitures 
and  unreclaimed  property  vrhich  may  come  to  the  possession  of  said  boards,  or  to 
be  recovered  by  them  under  the  provisions  of  this  act,  or  any  other  law,  or  ordi- 
nance, shall  be  disposed  of  in  accordance  with  rules  adopted  by  the  said  boards, 
subject  to  the  provisions  of  the  laws  of  this  state  controlling  and  directing  the  dis- 
pensation of  such  funds,     clb..  p.  56,  sec.  10.    R-  S.  1S99,  sec.  6217.) 

Sec.  4S7,  The  boards  to  have  office  furniture,  etc, — The  said  boards  shall  be 
and  they  are  hereby  authorized  to  provide  themselves  with  such  office  and  office 
furniture,  and  such  clerks  and  subordinates  as  they  shall  need;  and  to  have  and 
use  a  common  seal.  They  shall  divide  the  said  cities  into  twelve  police  districts, 
and  provide  in  each  of  them,  if  necessary,  a  station  house  or  houses,  with  all 
things  and  equipments  required  for  the  same,  and  all  such  other  accommodations 
as  may  be  required  for  the  use  of  the  police.  The  said  boards,  for  all  the  purposes 
of  this  act.  shall  have  the  use  of  the  fire  alarm  telegraph  of  said  cities  for  police 
purposes,  and  all  station  houses,  watch-boxes,  firearms,  equipments,  accoutrements 
and  other  accommodations  and  things  provided  by  said  cities,  for  the  use  and 
service  of  the  police,  as  fully  and  to  the  same  extent  as  the  same  are  now  used 
by  or  for  any  present  police,  or  as  fully  and  to  the  same  extent  as  the  same  may 
be  used  by  any  police  force  in  any  of  the  citie.s  to  which  this  act  may  hereafter 
apply;  and  the  mayor  and  common  council  or  municipal  assembly,  and  all  3>ersoas 
and  municipal  officers  in  charge  thereof,  are  hereby  ordered  and  required  to  allow 
such  use  accordingly.  In  case  the  said  mayor  and  common  council  or  municipsi 
assembly  of  any  [of]  said  cities,  or  its  officers  or  agents,  refuse  or  neglect  to  allow 
such  use.  as  and  whenever  the  same  shall  be  required  by  the  boards  created  by 
this  act,  or  refuse  to  set  aside  and  appropriate  the  revenue  necessary  to  carry  oal 
the  provisions  of  this  act.  or  place  obstructions  or  hindrance*  in  the  way  of  tht 
proper  discharge  of  the  powers  of  said  boards,  the  said  boards  may  apply  to  the 
circuit  courts  of  the  judicial  circuit  in  which  said  cities  may  be  located,  in  the 
name  of  the  state,  for  a  mandamus  to  compel  a  compliance  with  the  provisions  of 
this  section,  and  the  application  thereof  shall  be  heard  and  decided  by  the  court. 
One  week's  notice  of  the  application  shall  be  given,  and  the  respondent  or  re- 
spondents shall  have  the  right  to  answer  within  the  week:  and  if  testimony  be 
needed  on  either  side,  the  same  shall  be  taken  within  ten  days  atfer  the  same  is 
filed,  or  the  said  week  shall  be  expired.  From  the  decision  of  the  circuit  co-art  ia 
the  premises  either  party  may  appeal  within  ten  days;  and  it  shall  be  the  duty  of 
the  clerk  of  said  courts  to  send  up  the  record  immediately,  and  the  appeal  shall  be 
heard  immediately  by  the  supreme  court,  if  then  in  session,  and  if  not  in  session, 
at  the  next  term.  In  both  courts  the  case  shall  be  taken  up  and  tried  in  preference 
to  all  others,     (lb.,  p.  56.  sec.  11.     R.  S.  Is&S.  sec,  621S — <7.) 

Sec  -43$.  Sheriff  to  aid  in  niainta-ining  public  peace, — It  shall  be  the  duty  of 
the  sheriff  of  the  county  or  city  in  which  any  of  the  cities  to  which  this  act  may 
apply  shall  be  located,  whenever  called  on  for  that  pur}>ose  by  said  boards,  to  act 
under  their  control  for  the  preservation  of  the  public  peace  and  quiet:  and,  if 
ordered  by  them  to  d»  so,  he  shall  summon  the  ix>sse  commilatus  for  that  pur- 
pose, and  hold  and  employ  such  posse  subject  to  their  direction;  whenever  the  ex- 
igency or  circumstances  may,  in  their  .judgment,  warrant  ii.  the  said  boards  shall 
iiave  the  power  to  assume  the  control  and  command  of  all  conservators  of  the 
!'>eace  of  the  county  or  city  in  which  any  of  the  cities  to  which  this  act  may  ap.<lv. 
whethi  1  sheriff,  constable,  policemen  or  others,  and  they  shall  act  under  the  or- 
ders of  the  said  boards  and  not  otherwise.  <Ib.,  p.  5V,  sec  12,  R.  S,  1S99,  sec 
6219 — ?i). 

Sf-c.  4S9-  Boards  to  make  estimate,  etc. — It  shall  be  the  duty  of  said  board's, 
within  thirty  days  after  this  act  shall  take  effect,  and  annually  thenceforward  on 
the  SI  St  day  of  March  of  each  year  to  prepare,  in  writing,  an  estimate  of  the  sna 
of  money  which  will  be  necessary  for  each  current  fiscal  year,  to  enable  them  to 
discharge  the  duties  hereby  imposed  upon  them,  and  to  meet  the  exi>enses  of  the 
police  department,  and  they  shall  forthwith  certify  the  same  to  the  board  of  coa- 
mon  council  or  municipal  assembly,  as  the  case  may  be.  of  said  cities,  who  JUtw 
nereby  required  to  set  apart  and  appropriate  the  amount  so  certified,  payable  o«t 
cf  the  revenue  of  said  cities,  after  having  first  deducted  the  amount  necessary  to 
pay  the  interest  upon  the  indebtedness  of  said  cities,  the  amount  necessary  for  the 
ejcpenses  of  the  city  hospital  and  health  department,  the  amount  necessary  for 
lighting  the  city,  and  any  sum  required  by  law  to  be  placed  to  the  credit  of  the 
sinking  fund  of  said  cities.     The  said  boards  of  police  commissioners  shall  pass 

(j:  )     See  State  ex  rel  vs.  Mason,  153  Mo.  2S. 

(*■>  A  niember  of  the  posse  comitates  r-Alle<3  diiriug  the  street  car  strilJ''  <>t 
ISOfi  was  a  oonseTvator  of  the  peace  and  not  entitled  to  a  reward  for  services  vriimn 
the  scope  of  his  duties  hut  after  their  cessation  occupied  the  sanie  position  as  a  privat- 
person  and  could  recover  under  promise  of  reward  fr«in  the  street  car  compani''' 
Comwell  vs.  Transit  Co.,  100  Mo.  .Vpp.  25S.  2*2. 


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180  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.   LOUIS.  [CHAP.  21. 

further  required  to  employ  such  additional  assistance  as  may  be  necessary  to  prop- 
erly conduct  and  manage  this  department.  (lb.,  p.  59,  sec.  16.  R.  S.  1899.  sec. 
C223.) 

Sec.  443.  Boards  to  keep  joiii-iiul  of  their  proceedings. — The  boards  shall 
cause  a  full  journal  of  their  proceedings  to  be  kept,  and  shall  also  cause  all  their 
receipts  and  disbursements  of  money  to  be  faithfully  entered  in  books  to  be  pro- 
cured and  kept  for  that  purpose,  and  said  journal,  and  all  said  books,  and  all  other 
documents  in  possession  of  said  boards,  shall  always  be  open  to  the  inspection  of 
the  general  assembly  of  the  state  of  Missouri  or  any  committee  appointed  by  it  for 
that  purpose.  It  shall  be  the  duty  of  the  boards  to  report  to  the  common  council 
or  municipal  assembly  of  the  said  cities  at  each  annual  session  thereof,  the  num- 
ber and  expenses  of  the  police  force  employed  by  them  under  this  act,  and  all  such 
other  matters  as  may  be  of  public  interest,  in  connection  with  the  duties  assigned 
them  by  this  act.      (lb.,  p.  59,  sec.  17.     R.  S.  1S99,  sec.  6224.) 

Sec.  4  4  4.  Mounted  police. — The  boards,  whenever  and  for  so  long  a  time  as 
may  be  necessary,  is  [are]  authorized,  out  o£  the  force  hereinafter  provided  for, 
to  appoint,  mount  and  equip  as  many  policemen  as  they  may  deem  necessary  for 
duty  in  the  parks,  outskirts  and  such  other  portions  of  the  said  cities  as  the  board 
may  deem  necessary.      (lb.,  p.  59,  sec.  IS.      R.  S.  1899,  sec.  6225 — j.) 

Sec.  4  4  5.  Proceedings  to  suppress  gambling. — Whenever  the  president  or 
acting  president  of  said  board  shall  have  the  knowledge  or  shall  receive  satisfactory 
information  that  there  is  any  prohibited  gaming  table  or  other  gaming  device  or  a.\> 
X)aratus  used  in  gambling,  or  any  books,  instruments,  boards  or  devices  used  in  re- 
cording or  registering  bets  or  wagers  or  selling  pools,  kept  or  used  in  any  of  said 
cities,  he  shall  have  the  power  to  issue  a  warrant,  directed  to  some  officer  of  the  police 
force  under  said  board,  to  seize  and  bring  before  him  such  gaming  table  or  other 
gambling  device  or  apparatus  used  in  gambling,  or  such  books,  instruments,  boards 
or  devices  used  in  recording  or  registering  bets  or  wagers  or  selling  pools,  and  to 
arrest  such  person  or  persons  as  may  be  in  charge  of,  conducting,  owning  or  operat- 
ing such  table,  device,  apparatus,  books,  instruments,  boards  or  devices  so  used;  and 
upon  the  service  of  such  warrant  or  warrants  and  seizure  of  any  such  table,  device, 
apparatus,  books,  instruments,  boards  or  devices,  under  sucli  warrant  or  warrants, 
said  acting  president  shall  set  a  day,  not  less  than  hve  days  nor  more  than  ten  days 
after  the  date  of  such  service  and  seizure,  for  determining  whether  such  property  so 
seized  is  the  kind  of  property  mentioned  in  this  act,  anu  was  so  used  or  held  for 
gambling  purposes,  or  for  recording  or  registering  bets  or  wagers  or  selling  pools.  A 
written  notice  of  the  date  or  place  of  such  hearing  shall  be  given  the  owner  or  owners 
of  such  property  by  posting  a  copy  of  such  notice  in  a  conspicuous  place  on  the 
premises  in  which  said  property  is  seized,  at  least  five  days  before  the  date  of  said 
hearing,  and  such  owner  or  owners  may  appear  at  such  nearing  and  defend  against  the 
charges  as  to  the  nature  and  use  of  the  property  so  seized,  and  said  acting  president 
shall  determine,  from  the  evidence  produced  at  such  hearing,  whether  the  property  is 
the  kind  of  property,  and  was  used  or  held  for  the  purpose  hereinbefore  mentioned: 
and  said  acting  president  is  hereby  declared  to  be,  and  is  constituted  a  magistrate  and 
clothed  with  jurisdiction  and  power  to  issue  such  warrants  in  the  same  manner,  and 
with  like  effect  as  warrants  are  now  issued  by  justices  of  the  peace,  and  to  determine 
judicially  the  character,  nature  and  use  of  the  property  so  seized:  Provided,  that 
persons  arrested  under  such  warrants  shall  be  sent  before  the  judge  of  the  police 
court  or  other  proper  magistrate  of  the  said  cities,  together  with  the  charges  filed 
against  them,  and  a  list  of  witnesses  to  be  summoned  on  pan  of  the  prosecution,  and 
said  judge  of  the  police  court  shall  thereupon  have  jurisdiction  to  try  such  persons  as 
provided  by  law.     (lb.,  p.  59,  sec.  19.    R.  S.  1899.  sec.  t;226.) 

Sec.  4  4  6.  Power  of  officers  to  break  doors. — The  officer  charged  with  the 
execution  of  such  warrants  shall  have  the  power  to  break  open  doors  for  the  purpose 
bf  executing  the  same  and  for  that  ])urpose  may  have  the  assistance  of  the  whole 
police  force.     (lb.,  p.  60,  sec.  20.   R.  S.  1899,  sec.  G227.) 

Sec.  447.  Gambling  devices,  etc.,  to  be  destroyed. — It  shall  be  the  duty  of 
such  president  or  acting  president  before  whom  any  such  prohibited  gambling  table  or 
other  gaming  device  or  apparatus  used  in  gambling,  or  books,  instruments,  boards,  or 
devices  used  in  recording  or  registering  bets,  or  selling  pools,  shall  be  brought,  in  case 
he  decides  after  hearing,  that  such  i>roperty  so  seized  was  used  or  held  for  gambling 
purposes,  or  for  recording  or  registering  bets  or  wagers,  or  selling  pools,  to  cause  the 
same  to  be  publicly  destroyed  by  burning  or  otherwise.  (Id.,  p.  60,  sec.  21.  R.  S.  1899. 
sec.  6228.) 

Pec.  448.  Proceedings  where  property  has  been  stolen. — Upon  complaint  be- 
ing made,  on  oath,  to  the  president  or  acting  president  of  the  board,  that  any  personal 
property  has  been  stolen  or  embezzled  and  that  the  complainant  suspects  that  such 
property  is  concealed  in  any  particular  house  or  place  in  any  of  said  cities,  if  such 
president  or  acting  president  shall  be  satisfied  that  there  is  reasonable  ground  for  sus- 

(i)  Section  referred  to  in  State  ex  rel.  vs.  Stobie.  92  Soutliw.  IfU.  202,  S.  C.  194 
Mo.  14. 


ART.    1--'.  1  STATl-:   LAWS  SPECIALLY   ArPLICABLK  TO  ST.    UJUIS.  ]Sl 

picion.  he  may  issue  a  warrant  to  search  for  siuh  properly,  anil  said  president  or  acl- 
InK  president  is  hereby  declared  to  be  and  is  constituted  a  magistrate  and  clothed  with 
judicial  functions  and  powers  to  issue  such  warrants  in  the  same  manner  and  with 
lil<e  effect  as  warrants  are  now  issued  by  justices  of  the  peace.  (lb.,  p.  GO,  sec.  22. 
K.  S.  1N»9.  sec.  0229. » 

Sec.  449.  Warrant.s,  how  Oircclctl. — Such  warrants  shall  be  directed  to  some 
officer  of  the  police  force  and  shall  command  him  to  search  the  iilace  where  such 
proi>erty  is  suspected  to  be  concealed,  which  place  shall  be  designated  and  the  property 
particularly  described  in  such  warrant,  and  to  bring  such  stolen  property  before  the 
police  Justice  or  some  justice  of  the  peace  of  said  (ities,  and  upon  the  return  of  such 
warrants  to  such  justice  he  shall  proceed  thereon  in  like  manner  as  if  such  warrants 
had  been  by  him  issued,     (lb.,  p.  GO.  sec.  2:!.     R.  S.   ISitU,  sec.  r,2:iO.) 

Sec.  4.')(i.  Xo  fee  allowed,  when. — No  fee  shall  be  allowed  for  the  issue  or 
e.xecution  of  the  warrants  aforesaid.     (lb.,  )).  (iO,  sec.  24.     R.  S.  1899,  sec.  0231.) 

Se<'.  4.'«1.  I'<dice  nuule  officer.s  of  the  city  and  state. — The  members  of  the  po- 
lice force  of  the  cities  covered  by  this  act  organized  and  appointed  by  the  police  com- 
missioners of  said  cities,  are  hereby  declared  to  be  officers  of  the  said  cities,  under  the 
charter  and  ordinances  thereof,  and  also  to  be  officers  of  the  state  of  Missouri,  and 
shall  be  deemed  and  taken  in  all  courts  having  jurisdiction  of  offenses  against  the 
laws  of  this  slate  or  the  ordinances  of  said  cities,  (lb.,  p.  GO,  sec.  25.  R.  S.  1899.  sec. 
0232— 1. 1 

Sec.  452.  Il<mr<ls  to  lici-iise  private  walchnifii. — The  police  commissioners  of 
the  said  cities  shall  have  power  to  regulate  and  license  all  private  watchmen,  pri- 
vate detectives  and  private  policemen,  serving  or  acting  as  such  in  the  said  cities, 
and  no  person  shall  act  as  such  private  watchman,  iirivate  detective  or  private 
policeman  in  said  cities  without  first  having  obtained  the  written  Icense  of  the 
president  or  acting  president  of  said  police  commissioners  of  the  said  cities,  under 
pain  of  being  guilty  of  a  misdemeanor.     (lb.,  p.  61,  sec.  2G.    R.  S.  1899.  sec.  G233.) 

.ARTICLE   11. 

PENSIONS  OF  POLICKMKN. 

Whereas,  an  act  was  passed  by  the  general  assembly  of  the  state  of  Missouri, 
approved  .\pril  22.  1891.  entitled  "An  act  amending  section  10.  article  29.  of  the 
police  law  as  It  applies  to  the  city  of  St.  Louis,"  which  act  also  amended  section 
eleven  (111  of  said  police  law;  and 

Whereas,  by  reason  of  the  omission  of  any  reference  to  said  section  eleven 
(  11  )  in  the  title  of  said  act,  doubts  have  arisen  as  to  the  validity  of  that  portion  of 
.-aid  act  amending  said  section  eleven   (  11  )  :   now.  therefore. 

Section  1.      Section  eleven   (11)   of  article  twenty-nine   (29)   of  laws  specially 
ii-able  to  the  city  of  St.  Louis,  of  the  Revised  Statutes  of  1889,  entitled  "Po- 
ls hereby  amended,  so  as  to  read  as  follows: 
Section   453.      Vacancies — how  tilled — rules  and  regulations. —  Whenever  any 
i vacancy  shall  take  place  in  any  grade  of  officers  except  Ihe  chief,  il  shall  be  filled 
1  the  next  lowest  grade,  if  competent  men  can  be  found  therein.     The  board  of 
•  •  commissioners  are  hereby  authorized  to  make  all  such  rules  and  regulations, 
inconsistent   with  this  act,  as  they  may  judge  necessary  for  the  appointment, 
iiyment,  uniforming,  disciplining,  trial  and  government  of  the  police,  and  for 
tellef  and  compensation  of  members  of  the  police  force  injured  in   person  or 
•rty  in   the  discharge  of  their  duty,  and   the  families  of  the  officers  or  men- 
'I  while  In  siu-h  discharge  of  duty.     .\nd  whenever  any  person  is  employed  by 
board  as  a  policeman,  such  employment  shall   be   upon   the   following  condi- 

Sec.   454.      ('<>m|M-nsali(>n,   in  ca.se  of  disability  of  polici-nu-n, — rir.it — That   if 
llh*  persim  so  employed   shall    become   physically   disabled   while   in   and   In   conse- 
quence of  the  performance  of  his  duty  as  such  |)Oiiceman,  said  board  shall,   upon 
hig  written  request,  or  without  such  request  if  the  board  deem  it   for  the  good  of 
'11-'  iMillce  force,  retire  such  person  from  active  service,  and  order  and  direct   that 
;iK  the  continuance  of  such  disability  he  shall  be  paid  from  the  funds  provided 
he   municipal   assembly   for   the   [layment   of   the   i)olice   force   of   said   city,   a 
hly  .salary  not  exceeding  one-half  the  amount   of  the  salary  attached   to  the 
which  he  may  have  held  on  said  police  force  for  one  year  next  preceding  such 
Mt:      Provided,  that  no  person  shall  be  retired  and  paid  as  aforesaid,  un- 
shall  he  filed  with  said  board  certificates  of  disability,  which  certificates 
•  '•■  -oibscrlbed  and  swt)rn  to  by  said  person,  and  by  the  police  surgeon.  If  there 
■le.  and  by  two  physicians  in  good  standing  in  said  city:   and  such  board  may, 
fhinks  proper,  require  other  evidence  of  such  disability  before  ordering  such 
••nient  and  payment  as  aforesaid. 


t)    Police  are  both  slate  and  city  offlcers:     See  cases  under  note  to  Charter  Art. 


182  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST-  LOUIS.    [CHAP.  24-::. 

Sec.  455.  Compensation  to  family  in  case  of  death. — Second — That  if  the 
person  so  employed  as  policemaii  shall  lose  his  life  while  in  and  by  reason  of  the 
performance  of  his  duty  as  such  policeman,  or  shall  thereby  receive  injuries  from 
which  he  shall  thereafter  die.  leaving  a  widow,  or  child  or  children  under  the 
age  of  16  years,  then  upon  satisfactory  proof  of  such  facts  made  to  it.  such  board 
shall  order  and  direct  that  a  monthly  payment,  equal  to  one-half  the  amount  of 
the  salary  attached  to  the  rank  which  said  policeman  held  on  said  police  force  at 
the  time  of  his  death,  shall  be  paid  to  the  widow  during  her  life,  from  the  funds 
provided  by  the  municipal  assembly  for  the  payment  of  the  police  force  of  said 
city,  and  if  there  be  no  widow,  then  to  such  child  or  children  until  they  shall  be- 
come 16  years  of  age;  but  if  such  widow  shall  marry,  then  such  payment  shall 
cease. 

Sec.  456.  May  retire  after  20  years'  service— compensation. — Third — That 
any  person  so  employed,  who  shall  serve  for  the  period  of  20  years  or  more,  may 
in  the  discretion  of  said  board  be  retired  from  active  service,  and  be  thereafter 
paid  during  his  natural  life  a  yearly  salary  equal  to  one-half  the  amount  of  the 
salary  attached  to  the  rank  which  he  may  have  held  on  such  police  force  for  one 
year  nest  preceding  his  retirement:  Provided,  that  any  person  who  is  retired 
from  active  service  under  this  section  on  account  of  disability  may  be  summoned 
to  appear  before  the  board  at  any  time  thereafter,  and  shall  submit  himself 
thereto  for  examination  as  to  his  fitness  for  duty,  and  shall  abide  the  decision  and 
order  of  such  board  with  reference  thereto;  and  all  members  of  the  police  force 
retired  under  the  provisions  of  this  section,  except  those  retired  after  20  years' 

service,  shall  report  to  the  chief  of  police  of  the  city  on  the of  each  and  every 

month,  and  in  cases  of  emergency  may  be  assigned  to  and  shall  perform  such 
duty  as  said  chief  of  police  may  direct,  and  such  person  shall  have  no  claim 
against  the  city  for  payment  for  such  duty  so  performed — 7. 

Xo  member  of  the  police  force  who  shall  be  retired  on  half  pay  under  this 
section  after  twenty  years"  service,  or  who  shall  be  retired  on  half  pay  on  ac- 
count of  physical  disability  as  herein  provided,  shall  be  entitled  to  any  relief  from 
any  police  relief  association  organized  under  section  2SS5  of  the  Revised  Statutes 
of  1SS9.  nor  shall  the  families  of  deceased  policemen  who  may  be  provided  for  by 
the  board  of  police  commissioners  under  this  section  be  entitled  to  receive  any 
aid  from  any  relief  association  organized  under  section  2SS5  aforesaid.  The  said 
board  shall  also  have  power  to  require  of  any  officer  or  policeman  bond  with 
sureties,  when  they  may  consider  it  demanded  by  the  public  Interest.  All  lawful 
rules  and  regulations  of  the  board  shall  be  obeyed  by  the  police  force  on  pain  of 
dismissal,  or  such  lighter  punishment,  either  by  suspension,  fine,  reduction  or 
forfeiture  of  pav,  or  otherwise,  as  the  board  may  adjudge.  (Laws  1S95,  sec.  1, 
pp.  234,  235.) 

Sec.  45  7.  Acts  repe;Uecl. — All  acts  and  parts  of  acts  in  conflict  with  this  act 
are  hereby  repealed.  'This  act  to  take  effect  and  be  in  force  from  and  after  its 
passage. 

"~^     ,-'   ARTICLE  III. 
HOLTDATS  TO  OFFICERS  OF  POLICE. 

Section  4  5S.  Holidays  to  officers  in  active  service. — That  the  board  of  police 
commissioners  In  cities  of  one  hundred  thousand  inhabitants  and  over  shall  grant 
each  and  every  metropolitan  police  officer,  in  active  service,  twenty-four  days  a 
year. 

Xo  deduction  shall  be  made  from  the  salary  of  any  police  officer  on  account  of 
the  aforesaid  holidays. 

Upon  the  taking  effect  of  this  act.  the  board  of  police  commissioners  of  all 
cities  of  one  hundred  thousand  inhabitants  and  over  shall  make  an  order  in- 
structing the  chief  of  police  to  set  apart  the  days  in  each  month  each  police  officer 
Is  entitled  to  under  this  act.  (Acts  1S93,  p.  59.  sees.  1,  2  and  3:  R.  S.  1899, 
sec.  6205.) 

ARTICLE  IV. 

SPECIAL  POLICE  OFFICER  OF  HFM.^XE  SOCIETY. 

Section  459.  Appointment  and  compensation. — In  cities  wherein  not  more 
than  three  incorporated  societies  for  the  prevention  of  cruelty  to  children  and  ani- 
mals known  as  humane  societies  exist,  and  the  same  city  having  the  metropolitan 
police  system,  it  shall  be  the  duty  of  the  board  of  police  of  said  city  to  appoint  one 
special  officer,  to  each  of  said  societies,  to  be  recommended  by  the  humane  society 
which  said  officer  is  to  represent,  whose  term  of  office  and  wages  shall  be  the 
same  as  that  of  a  regular  policeman.     Said  special  officers  shall  be  subject  to  the 

(.'1  This  section  is  void  because  in  violation  of  that  part  of  the  constitution  pro- 
hibiting the  General  Assemblv  from  authorizing  any  city  to  grant  public  money  in 
aid  of  any  individual;     State  ex  rel.  vs.  Ziegenhein.  144  Mo.  283. 


AltT.    3-:!-4.]       STATK   LAWS  SPECIALLY   APPLICABLE  TO  ST.   LOUIS.  283 

authority  of  the  board  of  police,  but  ununiformed  in  costume,  but  shall  wear  over 
his  left  breast  the  badge  adopted  by  the  humane  society  which  he  represents 
I  Laws  1901,  amending  U.  S.  1899,  sec.  G16S — m.) 


CHAPTER  TWENTY-FIVE. 

PHAU,\L\Cy.    PRACTICE    OK. 

Section  460.  Persons  coniiiuunding  iiiediciiies  to  procure  ceiiillcnte. — Six 
months  from  and  after  the  pa.ssage  of  this  act,  no  iierson  whatsoever  shall,  in  the 
city  of  St.  Louis.  euKage  in  the  busines.s  of  couii)ouniiinK  or  dispensing  medicines  or 
prescriptions  of  physicians,  or  in  the  retail  of  poisons  or  niediiinos.  without  first 
having  obtained  a  written  cert  ideate  that  he  is  duly  competent  and  (pialilied  to  do  so 
from  the  board  of  pharmacy  established  by  this  act,  and  without  having  been  duly 
registered,  as  hereinafter  provided.  (Laws  1S74.  p.  377.  sec.  1.  R.  S.  1S99,  p.  2,"jG0.) 
Sec.  461.  A  board  of  pliarnuu'.y  created — its  duties. — The  members  of  the 
St.  Louis  college  of  pharmacy  residing  in  St.  Louis  shall,  two  months  after  the  passage 
of  this  act,  and  every  third  year  thereafter,  during  the  month  of  May,  elect  five  of  the 
most  competent  jiharniacists  of  St.  Louis  to  serve  as  a  board  of  pharmacy.  The  mem- 
bers of  this  board  shall,  within  ten  days  after  their  election  as  aforesaid,  individually 
take  and  subscribe  before  the  clerk  of  the  county  court  [register]  of  St.  Louis,  an 
oath  faithfully  and  impartially  to  discharge  the  duties  prescribed  for  them  by  this 
act.  They  shall  hold  their  respective  ofUces  for  three  years,  and  until  their  successors 
are  duly  elected  and  qualified;  and  in  case  of  any  vacancy,  the  trustees  of  the  college 
of  pharmacy  shall  fill  the  same  from  two  or  more  nominees  elected  at  a  special  meet- 
ing of  the  college  of  pharmacy.  The  board  shall  organize  for  the  transaction  of 
business  by  electing  a  president  and  secretary  for  the  whole  term.  The  board  shall 
meet  at  least  once  every  three  months;  have  power  to  make  by-laws  for  the  proper 
fulfillment  of  their  duties,  and  three  members  shall  constitute  a  quorum.  The  duties 
of  said  board  shall  be  to  transact  all  business  pertaining  to  the  legal  regulation  of  the 
practice  of  pharmacy  in  the  city  of  St.  Louis,  and  to  examine  and  register  pharma- 
cists. Any  pharmacist  applying  for  examination  shall  pay  to  the  secretary  a  fee  of 
Ave  dollars,  and.  should  he  pass  such  examination  satisfactorily,  he  shall  be  furnished 
with  a  certificate  of  his  competency  and  qualifications,  signed  by  the  president  and  the 
examiners.     (Laws  1874,  p.  377,  sec.  2.    R.  S.  1S99,  p.  2.iG0.) 

Sec.  4  62.  Duties  of  the  secretary  of  the  board. — It  shall  be  the  duty  of  the 
secretary  to  keep  a  book  of  registration  open  at  some  convenient  place,  of  which  due 
notice  shall  be  given  through  the  public  press,  in  which  book  shall  bo  registered  the 
name  and  address  of  every  person  coming  under  the  jirovisions  of  this  act.  and  it 
shall  be  the  duty  of  all  such  persons  to  appear  before  the  secretary  for  registration, 
within  thirty  days  after  this  act  has  gone  into  operation,  and  be  registered.  The  fee 
for  the  registration  of  pharmacists  shall  be  one  dollar.  The  secretary  shall  give  re- 
ceipts for  all  moneys  received  by  him.  and  pay  over  the  same  to  the  treasurer  of  the 
college  of  pharmacy,  taking  his  receipt  therefor,  which  money  shall  be  used  for  the 
purpose  of  defraying  the  expenses  of  the  board  of  pharmacy,  and  any  surplus  shall 
be  for  the  benefit  of  the  college  of  pharmacy.  (Laws  1874.  p.  377.  sec.  3.  R.  S.  1899, 
p.  2561.) 

Sec.  463.  This  net  not  to  apply  to  certain  persons. — The  foregoing  pro- 
rtslons  of  this  act  shall  not  apply  to  or  affect  any  person  who  shall  have  a  diploma  or 
certificate  from  any  incorporate  college  or  school  of  pharmacy,  whose  diploma  or  cer- 
tificate Is  based  upon  a  regular  term  of  service  in  the  drug  and  apothecary  business,  or 
who  shall  have  been  engaged  as  proprietor  in  the  drug  and  apothecary  business  in  the 
city  of  St.  Louis  one  year  prior  to  the  passage  of  this  act,  except  only  so  far  as  relates 
to  the  registrations  as  iirovided  for  in  sections  two  and  three  of  this  act.  (Laws  1874. 
p.  377.  sec.  4.    R.  S.  1S99,  p.  2561.) 

Sec.  464.  Who  may  compound  medicines. — No  person  shall  bo  allowed  by  the 
proprietor  or  manager  of  any  store  to  compound  or  dispense  the  prescriptions  of  phy- 
sicians (except  as  in  aid  under  the  immediate  supervision  of  the  proprietor  or  his 
qualified  assistant)  unless  he  is  a  graduate  in  pharmacy,  or  has  had  at  least  four 
years'  ex|>erience  In  stores  where  prescriptions  of  medical  practitioners  are  com- 
pounded, and  has  passed  an  examination  before  the  board  of  pharmacy  to  be  created 
I  by  this  act,  or  siuh  foreign  pharmacists  as  shall  present  satisfactory  credentials  or 
;  certificates  of  their  competency  and  qualifications  to  the  said  board  of  pharmacy.  Any 
person  violating  the  provisions  of  this  section  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof,  be  liable  to  a  penalty  not  exceeding  one 
hundred  dollars.     (Laws  1.S74.  p.  378.  sec.  ii.    R.  S.  1899.  p.  25C1.) 

Sec.  46.1.      Itrspon.sibiliiy  of  pharmiicists. — Every  registered  pharmacist,  from 
and  after  the  passage  of  this  act,  shall  be  held  responsible  for  the  quality  of  all  the 

(■•1   Half  of  what  flnes  gro  to  Humnne  Society:    See  Rev.  i"  rinking  Fountklna 

••tahll<ihed   by    Humane   Society.     R.   C.   275. 


184  STATE  LAWS  SPECIALLY  APPLICABLE   TO  ST.    LOUIS.      [CHAP.25-26.] 

drugs,  chemicals  and  medicines  he  may  sell  or  dispense,  with  the  exception  of  those 
sold  in  the  original  packages  of  the  manufacturer  and  those  known  as  "proprietary 
medicines;"  and  should  he  knowingly.  Intentionally  and  fraudulently  adulterate  or 
cause  to  be  adulterated  such  drugs,  chemicals  or  medicinal  preparations,  and  shall 
willfully,  knowingly  or  fraudulently  sell  or  cause  the  same  to  be  sold  for  medicinal 
purposes,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  be 
liable  to  a  penalty  not  exceeding  one  hundred  dollars,  and,  in  addition  thereto,  his 
name  shall  be  stricken  from  the  register.  (Laws  1S79,  p.  3S,  sec.  1.  R.  S.  1899, 
p.  2561.) 

Sec.  4  6  6.  Fiinishnicnt  for  violations  of  this  article. — Any  person  violating 
the  provisions  of  this  law  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion shall  be  punished  by  a  fine  as  herein  provided,  to  be  recovered  for  the  use  and  in 
the  name  of  the  city  of  St.  Louis,  before  any  court  or  officer  having  competent  juris- 
diction: Provided.  That  an  appeal  shall  be  allowed  the  parties  so  proceeded  against 
as  in  other  cases  of  appeal  from  justices  of  the  peace.  (Laws  1879,  p.  38,  sec.  2. 
R.  S.  1899,  p.  2562.) 

Sec.  467.  Piinislunent  for  fraudulent  attempt  to  procure  registration. — Any 
pei"son  who  shall  attempt  to  jtrocure  registration  for  himself  or  any  other  person  un- 
der this  act,  by  making  or  causing  to  be  made  any  false  representation,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be  liable  to  a 
penalty  not  exceeding  five  hundred  dollars.  Any  person,  not  registered,  who  shall 
keep  open  a  shoi)  for  the  retailing  and  dispensing  of  medicines  and  poisons,  or  who 
shall  fraudulently  represent  himself  to  be  registered,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  upon  conviction  thereof,  be  liable  to  a  penalty  of  one  hundred  dollars 
for  each  and  every  week  during  which  he  shall  continue  to  carry  on  such  business 
without  a  certificate  of  registration.    (Laws  1874,  p.  378,  sec.  7.    R.  S.  1899,  p.  2562.) 

CHAPTER  TWENTY-SIX. 

REVENUE,     ASSESSMENT     AND     COLLECTION     OF. 

Assessment  of  property. 
The  collector. 

Settlements  of  and  deposits  by  collector. 
Delinquent  and  back  taxes. 
Assessment  and  taxation  of  railroads. 
Taxation  of  merchants  and  manufacturers. 

[The  assessment  and  collection  of  the  revenue  in  the  city  of  St.  Louis  is  gov- 
erned by  the  state  laws  which  embrace  sections  9118  to  9400,  inclusive,  Revised 
Statutes  of  1S99.  Those  provisions  of  special  application  to  the  City  of  St.  Louis 
only  follow,  and  in  connection  therewith  should  be  considered  the  Charter  pro- 
visions on  revenue  and  taxation:      Chart.  Art.  V.] 

ARTICLE  L 
ASSESSMENT  OF  PROPERTY. 

Sec.  4  6  8.  Plats  and  change  of  assessment,  St.  Louis  cit.v. — The  president  of 
the  board  of  assessors  of  St.  Louis  city  shall  cause  to  be  prepared  plats  covering  all 
tracts  and  lots  of  land  in  said  city,  and  the  county  assessor  in  every  county  where 
the  county  court  shall  have  passed  an  order  requiring  an  alphabetical  arrangement 
of  the  "land  list,"  shall  cause  to  be  prepared  plats  covering  all  tracts  and  lots  of 
lands  in  such  county,  showing  upon  the  respective  pieces  of  property,  as  marked 
down  on  said  plats,  the  names  of  the  persons  to  whom  each  tract  or  lot  was  as- 
sessed for  each  year;  he  shall  cause  the  changes  for  the  assessment  of  the  follow- 
ing years  to  be  marked  in  different  inks,  stating  on  the  first  leaf  of  each  plat-book 
for  what  years  the  different  inks  were  used,  and  such  plats  shall  not  be  used  to 
record  the  clianges  for  a  longer  period  than  three  assessment  years  on  each  set  of" 
plats;  and  in  every  sucli  county  where  an  alphabetical  arrangement  of  the  "land 
list"  shall  be  adopted  by  order  of  the  county  court,  such  court  shall  allow  to  the 
assessor  a  reasonable  compensation  for  preparing  such  plats  and  procuring  the 
books  therefor.      (  R.  S.  1899,  sec.  9169 — n.) 

Sec.  469.  Collector  of  St.  Louis  city  and  his  duty. — The  collector  of  the  city 
of  St.  Louis  shall  collect  the  state  taxes  in  the  limits  of  said  city  in  the  same  man- 
ner and  to  the  some  extent,  and  do  and  perform  all  other  things  and  matters  apper- 
taining thereto,  as  fully  to  all  intents  and  purposes  as  now  required,  or  which  may 
be  required  of  the  county  collectors.     (R.  S.  1899,  sec.  9334 — o.) 


Art. 

I. 

Art. 

II. 

Art. 

Ill 

Art. 

IV. 

Art. 

V. 

Art. 

VI. 

(n)    See  Charter  Art.   V,   Sees.   26.  18.   19. 

(o)     See  Charter.  Art.  IV,  Sec.   24;   Art.  V,  Sees.   30-3,1:  also    /«.  Sec.   3. 

The  collector  may  establish  against  a  decedent's  estate  the  claim  for  school  and 
city  taxes,  in  the  name  of  the  state  to  his  use  and  at  his  relation,  whether  such  taxes 
acoriie  before  or  after  the  death  of  decedent:  and  the  petition  should  set  out  the  taxes 
due  each  year  in  separate   counts:   See  cases  cited   in   note  to  Sec.   491    below. 


.\I;T.    1-2.1  STATl-;    LAWS   Sl'KCIAI.I.V    A  I'l'hlCA  HMO   TO   ST.    LOIMS.  185 

Sec.  470.  fouiu-il  of  St.  Louis  city — powers  and  diiticN. — The  council  [assem- 
bly] of  St.  Louis  shall,  in  all  things  appertaining  to  the  assessing  and  collecting 
the  state  revenue  and  licenses  in  the  limits  of  said  city,  perforin  and  do  all  things 
which  heretofore  devolved  on  the  county  court  of  St.  Louis  county,  not  otherwise 
provided  in  the  scheme  and  charter  of  said  city.  Whenever  the  county  of  St.  Louis! 
or  the  county  court  of  St.  Louis  county,  is  mentioned  specially  in  this  chapter.  It 
shall  be  taken  and  understood  as  applying  to  the  city  of  St.  Louis.  (R.  S.  1899. 
sec.  y:!u.') — p.) 

.■\RTICLE  U. 

THK  COLLECTOR.' 

Sec.  47L  (ollecior's  lioiid. — Every  collector  of  the  revenue  in  the  various 
counties  in  this  state,  and  the  collector  of  the  revenue  in  the  city  of  St.  Louis,  be- 
fore entering  upon  the  duties  of  his  office,  shall  give  bond  and  security  to  the  state, 
to  the  satisfaction  of  the  county  courts  and  in  the  city  of  St.  Louis  to  the  satisfac- 
tion of  the  mayor  of  said  city,  in  a  sum  equal  to  the  amount  of  ali  the  revenue  to 
be  collected  by  him  for  any  one  year,  conditioned  that  he  will  faithfully  and  ininctu- 
ally  collect  and  |)ay  over  all  stale,  county  and  other  revenue  for  the  four  years  next 
ensuing  the  first  day  of  .March  thereafter,  and  that  he  will  in  all  things  faithfully 
perform  all  the  duties  of  the  office  of  collector  according  to  law.  The  ofticlal  bond 
required  by  this  section  shall  be  signed  by  at  least  five  solvent  sureties.  (R.  S. 
1899.  sec.  9206,  amended  by  Laws   1907,  p.  390 — <?. ) 

Sec.  472.  Hoik!  of  «-.v  officio  collector. — In  any  county  where  any  officer  thereof 
Is  ex  officio  collector  of  the  revenue  of  said  county,  he  shall  give  bond  and  security 
as  such  ej-  officio  collector  to  the  state  of  Missouri,  to  the  satisfaction  of  the  county 
court  of  such  county,  in  a  sum  of  at  least  equal  to  the  amount  of  all  the  revenue 
to  be  by  him  collected  for  any  one  year,  conditioned  that  he  will  faithfully  and 
punctually  collect  and  pay  over  all  state  and  county  revenue  during  his  term  as  such 
ex  officio  collector,  and  that  he  will  in  all  respects  faithfully  perform  all  the  duties 
of  collector  according  to  the  statute  laws  of  the  state  governing  county  collectors  of 
the  revenue.      (  R.  S.  1S99.  sec.  9207.) 

Sec.  473.  Fjiilure  to  K've  bond  vacates  office. — If  any  collector  shall  neglect 
or  refuse  to  give  bond,  as  required  by  the  next  preceding  section,  his  office  shall, 
Immediately  upon  such  neglect  or  refusal,  be  vacant.  (  R.  S.  1S99.  see.  9208 — r.) 
Sec.  474.  Bond  to  be  in  duplicate — where  tiled. — Such  bond  shall  be  executed 
in  duplicate;  one  |)art  thereof  shall  be  deposited  and  recorded  in  the  office  of  the 
clerk  of  the  county  court,  and  the  other  part  shall  be  transmitted  by  the  clerk  to 
the  state  auditor.      (  R.  S.   1S99,  sec.   9209.) 

Sec.  4  7.'>.  Shall  Iw  »  lien  aKain.st  real  estate  of  collector. — Said  bond,  when 
approved  and  recorded,  shall  be  a  lien  against  tlie  real  estate  of  stich  collector 
until  he  shall  have  complied  with  the  conditions  thereof.    (  R.  S.  is;99.  sec.  9210 — s.) 

Sec.  4  76.  Not  invali<lated  for  informality  <»f  assessment. — .Any  bonds  given 
In  pursuance  of  this  ctiaiJter  shall  not  be  considered  void,  nor  shall  any  surety  be 
released  from  any  liability  thereon  in  consequence  of  any  informality  in  the  as- 
sessment, or  in  making  out  the  assessment  lists,  nor  of  any  change  or  alteration  in 
the  law  made  by  the  general  assembly,  although  the  same  may  be  made  after  the 
exe<'utlon  of  said  bond.     ( R.  S.  1899,  sec.  9211.) 

Sec.  477.      New  bond,  when  required — books  not  to  Ix-  delivere<l  until,  when. 
I    —The  collector's  bond,  when  received  by  the  auditor,  shall  be  carefully  examined, 
1    and   if  found  to  be  made  in  conformity   to  law,   and   the  sureties  satisfactory,   he 
I    shall   file  the  same  in   his  office,  and   immediately  certify   the  fact  thereof  to  the 
clerk  of  the  county  court;   but  if  said  auditor  finds  said  bond  to  be  not  in  accord- 
ance with  law,  or  if  he  has  reason  to  doubt  the  sufficiency  of  the  security,  he  shall 
I    Immediately  return  the  bond  to  the  clerk  of  the  county  court,  who  shall  notify  the 
'    collector  to  correct  said  bond,  or  make  a  new   bond,  as  may   be  reciuired   by  the 
auditor.     If  a  new  bond  is  required.  It  shall  be  approved  and  recorded,  and  sub- 
'    Ject  to  the  requirements  of  this  section,  the  same  as  the  first   bond  given  by  the 
collector.     No  tax-book  or  lists  shall  be  placed  in  the  hands  of  the  county  collector 
I    until  the  auditor's  certificate,  under  the  seal  of  his  office,  has  been  received  by  the 
I   clerk  of  the  county  court,  showing  that  the  collector's  bond  has  been  received  and 
filed  In  the  auditor's  office.     Any  evasion  of  this  section  by  the  clerk  of  the  county 


•S«>e  Chnrter  Provisions  as  to  bond,  powers,  duties,  etc..  Charter.  Art.  V,  Sees.  30  to 
SS;  and  ordinances  on   these  subjects,  see   Rev.  Code.  Sees.   2289  et  seq. 

(>)  See  note  to  Charter.  Art.  V.  Sec.  1.  As  In  tran.xfer  of  funrtlons  to  city  offlcers 
on  adoption  of  Scheme  and  Charter  see  note  Introductory   to  Charter  hereinafter. 

(ff)    See  10  Mo.  338:  see  cases  cited  Infra  note  497. 
(r)   So  by  Charter.  Art.  V.  Si-c.   30. 

t«)  Creates  no  llt-n  unless  he  has  a  henetlclal  Interest:  Morrison  vs.  Herrlngrlon. 
llO  Mo.  «65:  as  to  whot  Is  an  Immaterial  vorlance  In  the  conditions  of  the  tiond,  ond 
from  what  time  the  bond  becomes  a  Hen  on  collector's  realty,  see  Wlmpuy  vs.  Kviins. 
(4  Mo.  m. 


186  STATE   LAWS  SPECIALLY   APPLICABLE   TO  ST,    LOUIS.  [CHAP.    26. 

court  or  collector  shall  subject  them  each  to  a  penalty  of  not  less  than  five  hundred 
dollars,  and  all  damages  and  costs  to  be  recovered  before  any  court  of  competent 
Jurisdiction  in  this  state:  and  the  auditor  is  hereby  required  to  bring  suit,  without 
delay,  for  every  evasion  of  the  requirements  of  this  section,  as  soon  as  the  same 
comes  to  his  knowledge — the  amount  recovered  on  such  fines  to  be  paid  into  the 
state  treasury  as  revenue  fund:  Provided,  that  nothing  in  this  ssection  shall  be 
construed  as  relieving  the  sureties  of  a  collector  from  liabilities  incurred  under  a 
bond  not  approved  and  filed  by  the  auditor.      (R.  S.  1899,  sec.  9212 — t.) 

Sec.  478.  Bonds  to  be  e.\ainiiied  by  county  court,  when. — The  county  court 
shall,  at  the  end  of  the  first  year,  carefully  examine  the  bond  given  as  collector, 
and  may  again  examine  the  same  at  any  time  before  the  tax-booK  of  the  second 
year  of  his  term  shall  be  delivered  to  him,  and  by  such  examination  ascertain  if 
the  bond  be  sufficient,  and  the  sureties  thereto  still  solvent  and  sufficient,  and 
upon  such  examination,  if  found  to  be  necessary,  the  court  shall  require  an  addi- 
tional bond,  as  collector,  with  good  security,  to  be  approved  by  the  court,  as  in  the 
taking  of  the  original  bond.     (R.  S.  1.S99,  sec.  9213.) 

Sec.  479.  Failure  to  give  additional  bond. — If  such  collector  shall  fail  to 
give  such  additional  bond  and  security  for  ten  days  after  he  shall  be  required  to  do 
so  by  law,  his  office  of  collector  shall  be  vacant.     (R.  S.  1899,  sec.  9214.) 

Sec.  4  80.  Sureties  may  be  discharged,  when. — The  sureties  on  any  bond 
given  in  pursuance  of  this  chapter,  or  either  of  them,  may,  at  any  time  after  the 
execution  of  said  bond,  if  they,  or  either  of  them,  have  good  reason  to  believe  that 
the  officer  in  said  bond  is  about  to  fail  to  comply  with  the  conditions  thereof,  file 
with  the  clerk  of  the  county  court  a  notice,  in  writing  verified  under  oath  by  the 
person  asking  to  be  discharged,  setting  forth  the  facts  in  the  case,  and  asking  to 
be  released  from  any  further  liability  on  said  bond;  whereupon  the  clerk  with 
whom  such  notice  shall  be  filed  shall  notify  the  said  officer  to  give  additional  se- 
curity, equal  to  the  security  about  to  be  released  by  the  county  court;  which  no- 
tice may  be  served  by  the  said  clerk,  or  by  any  person  appointed  by  said  court 
or  clerk.  If  the  officer  so  notified  shall  not  appear  and  give  additional  security 
within  ten  days  from  the  time  he  may  be  so  notified,  the  county  court  may  remove 
him  from  office;  and  in  all  such  cases  the  person  appointed  to  fill  the  vacancy  oc- 
casioned by  such  removal  shall  execute  bond,  qualify  and  perform  the  duties  re- 
quired as  such  officer:  Provided,  that  if  the  sureties  on  any  collector's  bond,  or 
either  of  them,  shall  be  satisfied  that  such  collector  is  making  improper  use  of  the 
funds,  collected  by  him,  or  has  absconded  or  is  about  to  abscond  from  this  state, 
whereby  said  sureties  may  become  liable  to  pay  any  sum  or  sums  of  money,  it 
shall  be  lawful  for  said  surety  to  sue  out  a  writ  of  attachment  against  the  goods 
and  chattels  of  such  collector  in  like  manner  as  he  would  be  authorized  to  do  if 
said  collector  was  personally  indebted  to  such  surety;  and  the  money  collected  on 
any  such  attachment  shall  be  paid  into  the  state,  county,  town  or  city  treasury,  by 
the  officer  collecting  tlie  same,  in  like  manner  as  if  paid  over  bv  the  collector. 
(R.  S.  1899,  sec.  9215.) 

Sec.  4 SI.  In  case  of  vacancy,  duty  of  successor. — lu  case  of  a  vacancy,  as 
mentioned  in  the  foregoing  section,  the  person  appointed  to  fill  such  vacancy  shall 
execute  a  bond  and  collect  anti  pay  over  the  taxes  in  the  same  manner  as  the  col- 
lector should  have  done,  and  his  acts  shall  be  as  binding  and  effectual  as  the  col- 
lector's would  have  have  been  had  he  completed  the  collection.  The  collector  so 
appointed  may  obtain  judgment,  and  sell  delinquent  lands  and  lots  in  like  manner 
as  the  collector  would  have  been  authorized  to  do  had  he  completed  such  collec- 
tions.     (R.  S.  1899,  sec.   9216.) 

Sec.  482.  Collector  may  appoint  deputies. — Collectors  may  appoint  deputies, 
by  an  instrument  in  writing,  duly  signed,  and  may  also  revoke  any  such  appoint- 
ment at  their  pleasure,  and  may  require  bonds  or  other  securities  from  such  depu- 
ties to  secure  themselves;  and  each  such  deputy  shall  have  like  authority,  in  every 
respect,  to  collect  the  taxes  levied  or  assessed  w-ithin  the  portion  of  the  county, 
town,  district  or  city  assigned  to  him,  which,  by  this  chapter,  is  vested  in  the  col- 
lector himself;  but  each  collector  shall,  in  every  respect,  be  responsible  to  the 
state,  county,  towns,  cities,  districts  and  individuals,  companies,  corporations,  as 
the  case  may  be,  for  all  moneys  collected,  and  for  every  act  done  by  any  of  his 
deputies  whilst  acting  as  such,  and  for  any  omission  of  duty  of  such  deputy.  Any 
bond  or  security  taken  from  a  deputy  by  a  collector,  pursuant  to  this  chapter,  shall 
be  available  to  such  collector,  his  representatives  and  sureties,  to  indemnify  them 
for  anv  loss  or  damage  accruing  from  any  act  of  such  deputy.  (R.  S.  1899,  sec. 
9217 — u.) 

(/)     Additional  Bond:    State  ex  rel.  vs.  Lafayette  Co..  41  Mo.  545. 

(«)  The  state  is  the  real  party  in  interest  in  an  action  for  delinquent  taxes  and 
If  the  collector  retires  from  office  his  successor  need  not  be  made  a  party:  See  case 
cited  infra  in  note  to  Sec.  491.  The  hill  cannot  in  an  action  be  excluded  because 
slgnd  liy  a  deputy,  and  it  may  be  shown  that  he  was  in  fact  such;  nor  need  a  person 
suhsequentlv  acquiring-  an  interest  In  the  property  be  made  a  party:  State  ex  rel.  vs. 
Miller.   16   Mo.   App.   539. 

As   to   charter  power  to  appoint  deputies  see   Art.   V,   Sec.   33. 


ART.  3.]  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.   LOUIS.  187 

ARTICLE   in. 
SETTLEMENTS  OF.   ANI>   nEl'O.SITS    HV    fi  )LLECTOU. 

Sec.  483.  Collector  to  return  tloliuquent  list  under  oath. — At  the  term  of  the 
county  court  to  be  held  on  the  first  Monday  in  March,  the  collector  shall  return 
the  delinquent  Usls  and  back  ta.\-boolvS.  and  in  the  city  of  St.  l..ouis  the  uncollected 
ta.x-bills  and  back-ta.\  books,  under  oath  or  aftlrniation.  to  such  court,  and  settle 
his  accounts  of  all  moneys  received  by  liini  on  account  of  ta.\es  and  other  sources 
of  revenue,  and  the  aiuount  of  such  delinquent  lists,  or  so  much  thereof  as  the 
court  shall  find  properly  returned  delinquent,  shall  be  allowed  and  credited  to  him 
on  his  settlement.  Before  allowing  the  collector  such  credit  for  any  delinquent 
lists,  the  county  court  shall  make  special  inquiry  and  be  fully  satisfied  that  he  has 
used  due  diligence  to  collect  the  same,  and  that  he  could  not  find  any  personal 
property  of  the  tax-payer  out  of  which  to  make  the  taxes.  If  the  court  is  satisfied 
that  there  are  any  names  on  the  lists  of  jiersons  who  have  personal  property  out  of 
which  the  taxes  could  have  been  made,  it  shall,  in  passing  upon  such  lists,  strike 
such  names  therefrom.      (  R.  S.    1S99,  sec.   9247 — r.) 

Sec.  4S4.  Collector  .St.  I.ouis  city  to  deposit,  where. — The  collector  of  the  city 
of  St.  Louis  shall,  on  .Monday  in  each  week,  deposit  in  such  bank  as  may  be  designated 
to  him  by  the  treasurer  of  the  state,  to  the  credit  of  such  treasurer,  all  moneys 
received  by  him  for  the  state,  first  deducting  the  amount  of  his  commission,  and 
take  from  the  cashier  a  certificate  of  every  such  deposit,  which  shall  be  received 
by  the  treasurer  of  the  state  in  payment  of  the  revenue.  Such  collector,  when  he 
shall  make  such  deposit,  shall  transmit  to  the  state  auditor  an  affidavit,  setting 
forth  the  amount  of  revenue  which  he  has  received  since  the  last  deposit,  and  tlie 
amount  retained  by  him  for  his  commission.  Nothing  contained  in  this  section  shall 
be  so  construed  as  to  affect  in  anywise  the  rate  or  amount  of  commission  which 
such  collector  would  be  entitled  to  on  his  final  settlement.  (R.  S.  1899,  sec. 
925S  —  If.) 

Sec.  485.  Penalty  on  collector  for  failure. — For  every  failure  of  the  collector 
to  deposit  the  revenue,  as  required  by  this  cbai)ter,  he  shall  forfeit  to  the  state  the 
sum  of  five  hundred  dollars,  to  be  recovered  of  him  or  his  sureties  by  suit  on 
his  official  bond,  and  the  auditor  shall  direct  the  prosecution  of  such  suit  immediately 
on  the  occurrence  of  such  failure.    ( R.  S.  1S99.  sec.  9259.) 

Sec.  486.  Collector's  coinnii.ssions— <'ounty  clerk  to  certify  to  state  auditor. — . 
The  collector  shall  receive  as  full  compensation  for  his  services  in  collecting  the  reve- 
nne,  except  back  taxes,  the  following  commissions  and  no  more:     •     »     • 

XII.  In  all  counties  or  cities  wherein  the  total  amount  of  all  such  taxes  and 
llcen.ses  levied  for  any  one  year  exceeds  one  million  dollars,  the  collector  of  revenue 
shall  receive,  collect  and  retain,  as  full  compensation  for  his  services,  for  collecting 
all  revenue  and  other  dues  which  he  is  authorized  to  collect,  belonging  to  the  state, 
school,  county  and  city,  the  following  commissions,  viz.:  On  current  and  tax 
revenues  as  follows:  On  all  sums  collected  up  to  and  including  eighty  per  cent 
of  the  total  amount  of  such  tax-bills  placed  in  his  hands,  one-half  of  one  per  cent 
eonimisslon;  on  all  sums  collected  over  eighty  per  cent  and  up  to  and  including 
ninety-five  per  cent,  one  per  cent  commission:  on  all  sums  collected  over  ninety-five 
per  cent,  two  per  cent  commission.  On  licenses  and  all  other  dues,  except  delinq\ient 
and  back  taxes,  collected  in  any  one  year,  as  follows:  When  the  amount  collected 
for  the  city  aggregates  eight  hundred  thousand  dollars,  or  less,  two  and  one-half 
per  cent  commission;  on  all  licenses  and  other  dues  collected  for  the  city  in  excess 
of  eight  hundred  thousand  dollars,  four  per  cent  commission;  on  all  such  licenses 
collected  for  the  state,  three  per  cent  commission.  All  such  commissions  hereinbefore 
enumerated  shall  be  deducted  and  retained  by  such  collector  out  of  the  amounts 
collected  for  state,  school,  county  and  city  respectively,  and,  upon  settlement  with 
TOch  collector,  shall  be  credited  to  his  account  and  charged  to  the  respective  revenue 
accounts.  On  all  back  taxes  and  all  other  delinquent  taxes,  he  shall  be  allowed  a 
commission  of  two  per  cent,  which  shall  be  added  to  the  face  of  the  tax-bill  and  col- 
lected from  the  party  paying  such  tax  as  a  penalty,  in  the  same  manner  as  other 
penalties  are  collected  an.i  enforced.  The  said  collector  shall  pay  all  salaries  and 
other  exi>enses  of  his  office,  and  all  other  costs  of  collecting  the  respective  revenues: 
Prnvuted.  that  the  municipal  authorities  of  such  cities  may  limit  the  maximum  number 
of  and  maximum  salaries  to  be  paid  to  all  employes  of  the  collector,  and  may  other- 
wise reasonably  limit  the  exi)enditures  of  his  office  and  the  cost  of  collecting  the 
revenue.  The  collector  shall  make  settlement  annually  on  the  first  Monday  of  .March, 
and  at  the  expiration  of  his  term  of  office,  with  the  proper  officer  of  the  city, 
for  all  commissions  retained:  and  all  commissions  hereint)efore  allowed  shall  be 
computed  for  the  year  or  part  of  the  year  next  preceding  the  dates  of  such  settlement. 
Said  collector  shall   present     for  allowance  proper     vouchers  for  all  disbursements 

(i)  When  nudltor  cannot  Issue  distresii  warrant  aKalnnt  collector  and  sureties: 
Judson  v.i.  Smith.   104  Mo.  61. 

'■•'I     See  Charter.   Art.   V.  Sec.   31.   7. 


188  STATE   LAWS  SPECIALLY  APPLICABLE  TO   ST.   LOUIS.  [CHAP.  2G. 

made  by  him  on  account  of  salaries  and  expenses  of  his  office,  and  other  costs 
of  collecting  the  revenue,  which  shall  be  allowed  to  him  as  against  the  commissions 
retained  by  him;  and  out  of  the  residue  of  such  commissions  in  his  hands  after 
deducting  the  amount  of  such  vouchers  allowed,  he  shall  be  allowed  and  authorized 
to  retain,  as  far  as  the  said  residue  of  such  commissions  in  his  hands  will  permit, 
a  comi)ensation  at  the  rate  of  ten  thousand  dollars  per  annum.  Should  such  residue  of 
commissions  be  less  than  sufficient  to  cover  the  above  compensation,  then  the  entire 
residue  shall  be  allowed  to  him,  and  shall  be  in  full  payment  for  his  services.  If, 
however,  such  residue  is  more  than  suffiicient  to  cover  such  compensation,  then  the 
surplus  shall  be  paid  over  to  the  state,  school,  county  and  city  in  proportion  as  the 
amount  collected  from  each  bears  to  the  total  amount  of  collections:  Provided,  that 
this  section  shall  not  be  construed  as  repealing  the  law  requiring  the  collector  to 
deposit,  daily,  in  the  city  treasury,  all  moneys  collected  for  the  city,  or  the  law 
requiring  him  to  deposit,  weekly,  with  the  state  treasurer,  all  revenue  collected  for 
the  state.  Collectors  of  revenue,  under  this  subdivision,  shall  keep  at  all  times  in 
their  office  a  notary  public,  who  shall  administer  oaths  and  take  notarial  acknowledg- 
ments in  connection  with  such  office,  without  charge.  All  fees,  commissions  or 
other  compensations  heretofore  charged,  received  or  allowed,  by  or  to  any  such 
collector,  as  compensation  for  his  services,  whether  under  or  by  virtue  of  state  law 
or  not,  are  hereby  abolished;  and  such  collector  and  all  his  deputies  and  employes  are 
hereby  forbidden,  under  penalty  of  forfeiture  of  office,  to  collect,  charge  or  receive, 
directly  or  indirectly,  any  fees  or  commissions  in  the  nature  of  conipensatiou  or 
other  compensation  other  than  those  allowed  and  authorized  by  this  section. 

XIII.  For  the  purpose  of  enabling  the  state  auditor  to  determine  the  compensa- 
tion of  the  collector  to  be  paid  by  this  state,  it  is  hereby  made  the  duty  of  the  clerk 
of  the  county  court,  immediately  after  such  annual  settlement  made  by  the  collector, 
to  make  out  and  forward  a  statement  to  the  state  auditor,  under  the  seal  of  the 
court,  showing  the  aggregate  amount  of  all  such  taxes  and  licenses  levied  for  the 
year  for  which  such  settlement  was  made,  including  therein  local,  special  and 
school  and  all  other  taxes:  Provided,  that  no  collector  shall  be  allowed  to  retain 
over  nine  thousand  dollars  of  commissions  and  fees  in  any  one  year  except  as  pro- 
vided in  subdivision  twelfth  herein;  and  all  fees  and  commissions  coming  into  the 
hands  of  any  collector,  from  any  source  whatever,  in  excess  of  nine  thousand  dollars, 
except  as  provided  in  subdivision  twelfth,  shall  be  paid  into  the  city,  county  and 
state  treasuries  in  iirojjortion  to  the  amount  received  on  taxes  collected  for  each;  and 
it  shall  be  the  duty  of  eacn  collector,  once  in  each  year,  to  file  in  the  county  court  in 
each  county  and  in  the  office  of  the  comptroller  of  each  city  not  in  a  county,  a 
statement,  under  oath,  of  the  amount  of  fees  and  commissions  received  by  him  and 
from  what  source,  and  shall  immediately  pay  over  the  excess  according  to  the  order 
of  the  county  court  or  comptroller:  Provided,  liouever,  that  this  act  shall  not  apply 
to  any  county  adopting  township  organization.       (  R.  S.   1S99,  sec.   9260 — x.) 

Sec.  4  8  7.  When  collector's  term  expires — vacancies,  how  filled. — The  terms  for 
which  collectors  are  elected  shall  expire  on  the  first  Monday  in  March  of  the  year  in 
which  they  are  required  to  make  their  last  final  settlement  for  the  tax-book  which 
was  to  be  collected  by  them.  And  when  any  collector  resign,  or  be,  from  any  cause, 
removed  from  office,  and  all  collectors  api)ointed  by  the  county  courts,  or  mayor  of 
any  city  not  within  a  county,  to  fill  vacancies  at  the  expiration  of  the  term  for 
which  they  were  appointed  (or  as  soon  thereafter  as  his  successor  shall  have 
qualified),  they  shall  pay  over  all  moneys  which  may  be  in  their  hands,  due  the  state, 
or  their  successors  in  office,  and  take  duplicate  receipts  therefor,  one  of  which 
receipts  the.v  shall  file  with  the  clerk  of  the  county  court  of  their  respective  counties, 
and  in  St.  Louis  city  with  the  city  auditor,  and  retain  the  other  for  their  own 
benefit.  It  shall  be  the  duty  of  the  county  clerks  and  city  auditor,  as  soon  as 
they  receive  the  receipts  above  mentioned,  to  certify  the  same  to  the  state  auditor, 
stating  the  amount  of  such  receipts;  and  it  shall  be  the  duty  of  the  auditor,  upon  the 
receipt  of  the  same,  to  place  the  amount  thus  certified  to  the  credit  of  the  collector 
whose  term  of  service  has  expired,  and  charge  the  same  to  his  successor  in  office 
(R,  S.  1899,  sec.  9267.) 

Cr)  The  collector  in  St.  Louis  Is  entitled  to  three  per  cent  commission  on  revenue 
collected  by  him  for  tlie  school  board  on  the  amount  of  merchants'  and  manufacturers' 
licenses:  Board  vs.  Ziegenhein,  156  Mo.  Sl.'i.  A  collector  who  begins  and  conducts  to 
judgment,  a  back  tax  suit  is  entitled  to  tlie  fees,  although  he  is  not  in  office  when 
the  judgment  is  rendered  and  the  taxes  collected:  Watson  vs.  Schnecko,  13  Mo. 
App.  208.  Under  tlie  ordinances  of  St.  Louis  it  was  held  tiiat  where  there  were  two 
successive  incumbents  in  the  office  of  collector  during  one  fiscal  year,  in  determining 
the  rate  at  wliich  tlie  commissions  of  tlie  latter  incunil>ent  were  to  be  computed,  the 
collections  made  by  his  predecessor  should  be  taken  into  account:  Lemoine  vs.  St. 
Louis.  72  Mo.  404.  The  statute  allowing  reasonable  attorney's  fees  to  be  taxed  as 
costs  in  tax  suits  is  valid:  State  ex  rel.  vs.  Railwav.  176  Mo.  443.  See  Butler  vs. 
Sullivan,   lOS   Mo.   630. 


ART.  4.1  STATK   LAWS   SPKCIAM.Y    APPLICABLE   TO   ST.    LOl'IS.  IgQ 

ARTICLE   IV. 

nin.INQl'KNT  AND   HACK   TAXES. 

Sec.  4SS.  Tax  Mll.s  for  rciil  i-stiilc  and  railroad  tiivcs  prior  to  IHH7  jitrickcn 
from  tho  lists. — Tlic  coiiiiilroller  or  other  iiropcr  oftui'r  in  fucli  city  of  this 
state  having  three  huiulred  thousand  inhul)itanls  or  more,  shall,  at  the  first 
annual  settlement  made  by  the  collertor  of  siu-h  rity  after  the  taking  effect  of  this 
act.  strike  from  the  delinquent  lists  all  real  estate  and  railroad  tax  bills  due  prior 
to  the  year  1SN7.  anil  shall  cancel  the  lax  bills  issued  therefor,  and  the  collectors 
of  sitid  cities  shall  not  be  charged  with  the  same  from  and  after  their  cancellation. 
(Laws   1903.   p.   :;'>:!.  sec.    1.) 

Sec.  4S9.  (Vrtniii  bills  to  lie  cancelled  by  coniniission. — At  the  first  annual 
settlement  made  by  a  collector  of  the  revenue  after  Ibis  act  shall  take  effect,  In 
each  city  in  this  state  having  three  hundred  thousand  inhabitants  or  more,  all  de- 
linquent real  estate  tax  lists  and  back  tax  bills  for  taxes  on  real  estate  shall  be 
carefully  examined  by  a  commission  to  be  composed  of  the  comptroller,  collector  and 
president  of  the  board  of  assessors,  or  other  proper  officers  of  such  city,  and  if  there 
aiipear  thereon  any  back  tax  bills  which,  in  the  opinion  of  a  majority  of  said  com- 
mission, are  too  small  to  justify  the  expense  of  suit,  or  which  are  against  exempt 
proi«Mty.  or  which  are  against  |)roperty  which  is  not  worth  the  taxes,  interest  and 
costs,  the  same  shall,  upon  order  of  such  commission  or  a  majority  thereof,  be  stricken 
from  such  delinquent  real  estate  or  back  tax  books  and  the  tax  bills  therefor  cancelled 
by  the  comptroller  of  such  city.     (lb.,  sec.  2.) 

Sec.  490.  Uepeiil. — All  acts  or  parts  of  acts  not  in  conformity  with  the  pro- 
visions of  this  act   are  hereby   repealed.    (lb.,  sec,  3.) 

Sec.  4  91.  IJst  to  be  made  into  l>ack-ta.\  hook^-diity  of  collector — suit  to  en- 
force,— The  clerk  of  the  county  court  shall  file  the  said  list  in  his  office,  and 
within  ten  days  thereafter  make  the  same  into  a  "back-tax  book,"  as  contemplated 
by  U.  S.  1S99.  section  9.">0(t.  under  the  seal  of  the  court,  and  deliver  the  same  to  the 
collector  of  the  revenue  of  his  county,  whose  duty  it  shall  be  to  proceed  to  collect 
the  same,  and  to  that  end  shall  have  the  power,  and  it  is  hereby  made  his  duty,  to 
levy  uiHin,  seize  and  distrain  personal  property,  and  sell  the  same  for  such  taxes. 
In  the  manner  provided  in  this  article.  In  the  city  of  St.  Louis  the  uncollected 
bills  shall  l>e  returned  with  said  list:  ProvidrtI,  that  the  city  comptroller,  or  other 
proper  officer,  shall  return  said  list  within  thirty  days  to  the  city  collector.  And 
If  It  appear  that  any  county  court  or  county  clerk  of  this  state  has.  within  five 
years  next  before  the  taking  effect  of  this  act  failed  in  the  discharge  of  any  one 
of  the  duties  prescribed  by  U.  S.  1899,  sections  9290  and  9300,  of  this  article,  or  shall 
so  fail  at  any  time  hereafter,  to  such  an  extent  that  the  collection  of  said  taxes 
cannot  be  enforced  by  law,  it  shall  be  the  duty  of  the  said  county  court  and  clerk, 
or  their  successors  In  office,  immediately  after  such  omission  or  defect  is  discovered, 
to  pro«'eed  at  once  to  correct  the  same  and  supply  the  omission  or  defect,  and  return 
such  corrected  "back-tax  book"  to  the  collector,  whose  duty  it  shall  be  to  collect  the 
same,  as  hereinbefore  set  forth.  There  being  an  emergency  existing  under  the  con- 
stiluilon.  it  Is  hereby  ordered  that  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage.      (R,  S.   1899,  sec,  9292 — y.) 

(>1  P«'tltlon  must  contain  description,  or  the  Judgment  will  he  void,  and  this  even 
If  a  ilpsrrlptlnn  be  contolnod  in  the  tax  bill  Hied  with  the  petition:  Vaughn  vs.  Dan- 
l»l»,  9S  Mo.  230:  or  In  the  Judgment  rendered  on  a  defective  petition:  O'Day  vs.  McDan- 
1*1.  isi  Mo.  5:19;  and  llitTc  must  be  a  correct  fi«-s<-rlptlon  In  the  tax  bill  or  the  pro- 
ce«-din»fs  arc  ln»*fr»-ctnal :  State  ex  rel.  vs.  Biirroii^jh.  174  Mo.  "Oct;  an  erroneous  asaess- 
mrnt  does  not  make  the  Judgment  void  collaterally:  Warren  vs.  Manwarring,  173  Mo.  21; 
bill  l»_  prima  facie  proof  that  notice  was  given  a.s  required:  State  ex  rel.  vs.  Vogelsang.  I  S3 
Mo.  17.  Omitted  property  ina>-  be  subseciuentl\-  assessed  and  taxes  recoveretl.  and  limi- 
tation only  begins  to  run  fmm  the  time  the  taxes  are  delinquent:  State  ix  rel  vs. 
Vogelsang.  183  Mo.  17.  The  record  proper  In  suit  for  back  taxes  Is  the  petition, 
•nswer.  reply  and  Judgment:  hence  In  the  absence  of  exceptions,  and  If  the  petition  cor- 
rectly describes  the  land,  the  Judgment  must  be  afllrmed:  State  ex  rel.  vs.  Sanford. 
181   Mo.    134.     There  can   be   no  personal   Judgment:    O'Day    vs.   McDanlel.  but    the 

•ult  Is  so  far  In  p»rsonam  that  the  Supreme  Court  has  not  Jurisdiction  on  appeal  on 
Ih*  ground  that  title  to  real  estate  Is  Involved:  State  ex  rel.  vs.  Elliott.  ISO  Mo.  fiiix. 
And  as  to  personal  remedy  of  one  buying  at  sale  where  sale  Is  void  see  cases  cited 
In  Phelps  vs.  nrumbarh.  107  Mo.  App.  16.  The  tax  should  be  against  the  record 
owner  (see  Infra)  but  ofter  the  court  has  once  acquired  Jurisdiction  the  proceeding  la 
•Italnst  the  properly:     Kllton  vs.  Smith.   l.M  .Mo.    in'.i.    lj»nd  Co.   vs.   BIppus.  2iio  Mo.  «ss. 

The  right  to  assess  for  taxation  where  the  taxpayer  Is  not  found  at  his  residence 
O'  place  of  busless  attaches  upon  a  notice  being  left  by  the  district  assessor  at 
•Ither  place,  between  June  1  and  January  1.  requiring  the  property  owner  to  make  a 
•J»'"nfnt  of  his  taxable  property;  and  on  his  failure  to  do  so  the  assessor  making 
the  assessment  In  a  lump  sum.  and  no  appeal  taken,  the  owner  cannot  complain  In  an 
action  to  collect  the  tax;  State  ex  rel.  vs.  Cummlngs.  151  Mo.  49.  The  remedy  provided 
by  laws  1S97.  p.  213,  for  taxes  due  St.  Louis  by  an  action  In  the  name  of  the  city 
l»  cumiilatlvp.  and  does  not  Impair  the  right  to  maintain  an  action  In  thi-  name  of  the 
Mate  at  the  relation  of  the  collector;  State  ex  rel.  vs.  Cummlngs.  151  Mo.  49.  SI. 
The  state   Is  the  real   party    In   Interest.   In  an  action   for  delinquent    taxes  and    If  a   col- 

( I  imlifufil  ()»  patr  110.  > 


190  STATE  LAWS  SPECIALLY   APPLICABLE   TO   ST.    LOUIS.       [OHAP.  26-27. 

Sec.  492.  Institution  of  suits  before  dates  named. — Nothing  in  this  chapter 
shall  be  so  construed  as  to  prevent  the  institution  of  suit  before  the  times  herein 
named:  Provided,  that  if  it  be  real  estate  in  the  city  of  St.  Louis,  and  the  owner 
thereof,  if  a  resident  of  such  city,  is  about  to  remove  therefrom,  or,  being  a  non- 
resident of  such  city,  comes  within  the  same,  so  that  personal  service  can  thereby  be 
had  upon  him,  or  if  real  estate  be  in  any  county  of  the  state  outside  of  St.  Louis  city, 
and  the  owner  thereof  is  about  to  remove  from  such  county,  or,  being  a  non-resident 
such  county,  comes  within  the  same,  so  that  personal  service  can  thereby  be  had 
upon  him.     (R.  S.  1S99,  sec.  9318.) 

ARTICLE  V. 

ASSESSMENT  AND  T.\XATION  OP  RAILROADS. 

Sec.  493.  Duty  of  prosecuting  attorney — when  additional  counsel  may  be  em- 
ployed.— It  shall  be  the  duty  of  the  prosecuting  attorney  of  each  county  to  prose- 
cute all  suits  for  taxes  under  this  article.  County  collectors  shall  have  power,  w-ith  the 
approval  of  the  county  court,  or,  in  St.  Louis  city,  the  approval  of  the  mayor  thereof, 
to  employ  such  attorneys  as  may  be  deemed  necessary  to  aid  and  assist  the 
prosecuting  attorney  in  conducting  and  managing  such  suits:  and  the  court  in  which 
suit  is  brought  shall,  if  plaintiff  obtain  judgment,  allow  such  attorneys  a  reasonable 
fee  for  bringing  and  conducting  such  suit,  which  shall  be  taxed  against  the  defendant 
and  paid  as  other  costs  in  the  case.  At  the  request  of  the  collector,  the  governor 
may  direct  the  attorney-general  to  assist  in  the  prosecution  of  any  such  suits. 
(R.  S.  1S99.  sec.  9378—2.) 

Sec.  494.  Duties  of  offlcers  of  St.  Louis  cit.y. — All  services  required  to  be  per- 
formed by  county  officers  under  this  article  shall  be  performed  by  the  corresponding 
officers  of  the  city  of  St.  Louis,  and  wherever  the  word  "county"  occurs,  the  same 
shall  be  construed  to  applv  to  and  include  the  city  of  St.  Louis.  (R.  S.  1S99,  sec. 
9383— a.) 

ARTICLE  VI. 

TAXATION    OB^   MERCHANTS    AND    MANUFACTURERS. 

Sec.  495.  Lower  rate  of  ta.\  than  that  on  real  estate  authorized. — All  cities  in 
this    state    having    a    population    of    over    three    hundred    thousand    inhabitants    are 

{Contiutied  from  Page  IS9.) 
lector    retires    from    office    his    successor   need   not   be    made    a   party:      State    ex    rel.    vs. 
Sanford.   127  Mo.   368. 

One  who  pays  all  taxes  except  such  as  are  illegal  as  being  in  excess  ot  the  con- 
stitutional limit,  may  maintain  injunction:  Arnold  vs.  Hawkins,  95  Mo.  569,  572,  and 
cases  cited. 

Tlie  collector  may  establish  against  a  decedent's  estate  the  claini  for  school  and 
city  taxes  in  the  name  of  the  state  to  his  use  and  at  his  relation,  whether  such  taxes 
accrued  before  or  after  the  death  of  decedent:  and  the  petition  should  set  out  the 
taxes  due  each  year  in  separate  counts:  .State  ex  rel.  vs.  Tittmann,  103  Mo.  553,  564; 
State  vs.  Seaborn,  139  Mo.  582,  604.  The  claim  may  be  brought  in  either  the  circuit  or 
probate  court:  State  ex  rel.  vs.  Edwards,  162  Mo.  1.  c.  666.  See  as  to  taxes  against 
decedents  Woerner  on  Administration,  Sec.  329,  p.  691;  as  to  real  estate  taxes,  see  /*. 
Sec.    518,  p.   1151. 

It  is  sufficient  to  brings -a^suit.for  taxes  against  the  party  who.  by  the  records,  ap- 
pears to  be  the  owner;  and  this  applies  to  a  married  woman,  who  subsequently  becomes 
a  widow  and  again  marries,  the  record  name  remaining  unchanged:  suit  against  her 
by  her  record  name,  by  publication,  held  sufficient  and  not  the  same  as  publication 
directed  to  a  dead  person,  -which  is  void:  Scbnitger  vs.  Rankin.  192  Mo.  35.  citing  nu- 
merous cases  on  analogous  points.  See  further  as  to  suit  against  record  owner  being 
sufficient:  Hilton  vs.  Smith  134  Mo.  499.  Land  Co.  vs.  Bippus.  200  Mo.  688.  But  if  tlie 
suit  is  against  the  apparent  or  record  owner  the  purchaser  takes  no  title  if  be  had 
actual  notice  of  who  the  real  owner  was.  and  sucli  real  owner  is  not  a  party:  and  facts 
and  circumstances  sufficient  to  put  a  man  of  ordinary  circumspection  on  inquiry  amount 
to  actual  notice:  and  if  the  collector  has  actual  notice  of  who  the  real  owner  is  it  is  his 
duty  to  bring  the  suit  against  him,  though  be  is  not  the  record  ow-ner:  Stuart  vs. 
Ramsey.  196  Mo.   40t. 

As  to  when  a  tax  bill,  duly  certified,  makes  a  proper  prima  facie  case,  see  State 
ex  rel.  vs.  Edwards.   151  Mo.   472.  477. 

See  also  State  ex  rel.  vs.  Tobacco  Co.  140  Mo.  218;  State  ex  rel.  vs.  Hurt.  113  Mo.  90. 

Parties  acquiring  interests  after  action  begun:  State  ex  rel.  vs.  Miller,  16  Mo. 
App.   539. 

As  to  what  allegations,  in  a  petition  for  collection  of  taxes,  are  sufficient,  and  as 
to  what  is  a  sufficient  form  of  tax  bill  and  certificate,  see  State  ex  rel.  vs.  Cumming» 
151   Mo.    49.    54   rt  ieq. 

A  judgment  in  a  tax  suit  cannot  be  set  aside  collaterally  (as  in  sviits  to  quiet  title) 
by  a  defendant  in  the  suit  brouglu  in  by  personal  service  or  publication,  by  showing 
that  the  taxes  had  been  paid,  so  as  to  defeat  the  title  of  the  purchaser;  but  publication 
notice  must  be  by  full  name  and  not  merely  initials,  and  if  this  is  not  done  there  is  no 
notice  and  the  sale  is  void:  Evarts  vs.  Lumber  Co.  193  Mo.  t:i3.  .See  other  cases  on 
these  points  cited  in  the  opinion.  Where  the  record  title  gives  the  owner's  full  Chris- 
tian name,  notice  by  publication  by  initials  only  is  insufficient  and  the  tax  sale  does 
not  divest  him  of  title.      Burkbam  vs.  Manewal.   195  Mo.  500.  citing  numerous  cases. 

iz)  Power  to  emplo\-  special  counsel.  See  Butler  v.  Sullivan  Co.  108  Mo.  630;  see 
State  ex   rel.   vs.   Ry.    176  Mo.   443. 

(a)      See  State  ex  rel.  vs.  Ry.   117  Mo.  1. 


AFtT.   1)  STATE  LAWS  SPEl^-I Al.I.Y    Al'I'l-U^ARLE  TO  ST.    I.OUIS.  191 

autliorizeil  to  levy  for  local  purposes,  n  less  n(/  valorem  rate  of  taxation  than  that 
levied  by  them  on  real  estate  or  other  properly  for  the  same  purpose;  and  said 
reductions  may.  fr;;m  time  to  time,  be  arranged  to  apply  on  both  or  either  the  tax 
rate  for  payments  of  valid  indebtedness  or  the  tax  rate  for  city  purposes.  ( R.  S. 
1899,  sec.  9397.) 

Sec.  49G.  IJc;;ubii  iiiii-  nl  rmri  haul-'  iiiid  nianiilact  iinrs'  licenses. — All  siK'h 
cities,  for  city  and  local  puriuiscs.  are  lu'rcby  auilmnzt-d  lu  license,  tax  and  regu- 
late the  occupation  of  merchants  and  manufacturers  and  may  graduate  the  amount 
of  annual  license  imposed  upon  a  merchant  or  manufacturer  in  proportion  to  the 
sales  made  by  such  merchant  or  manufacturer  during  the  year  next  preceding  any 
nxcl  dale      iR.  S.  I.S'Jll,  sec.  9:!S9— ().) 


CHAPTER  TWENTY-SEVEN. 

PUBLIC  SCHOOLS. 

Art.        I.      Board    of    Education    created,    to   establish,    maintain    and    govern 

public  schools  of  the  city  of  St.   Louis. 
.■\rl.      II.      Pension   and   retirement   fund. 
Art.    III.      Compulsory  education. 

ARTICLE   I. 

1ii>.\ltr>  111.-  KDULWTION  CUICATED  TO  liST.VBLlSll.  M.VINTAIN   AND  GOVKUN    I'fB- 
LIC  SCHOOLS  OF  THE  CITY   OF  ST.   LOUIS. 

Sec.  197.  Itoard  of  iiiiinaKei's  of  certain  charitable  or  penal  institutions  to 
nrrauK''  for  educalioii  of  inniati-s  at  public  schools. — The  boards  of  managers  of 
hiiMscs  of  refuge,  bouses  of  correction,  orphan  asylums,  or  any  public  institutions 
having  charge  of  delinquent  or  dependent  and  n<'glected  children,  in  cities  now 
having  or  which  may  hereafter  have  one  hundred  thousand  inhabitants  or  over, 
shall  have  power  to  arrange  with  the  public  school  authorities  of  such  cities  for 
the  education,  schooling,  instruction  and  training  of  such  children.  (Laws  1905, 
p.  301-302.1 

Sec.  498.  Knierj;ency. — Whereas,  there  is  at  present  a  want  of  power  on  the 
part  of  said  boards  to  arrange  with  the  public  school  authorities  for  the  education, 
schooling,  instruction  and  training  of  the  inmates  of  said  imblic  institutions,  and 
whereas,  it  is  important  that  said  boards  shall  have  said  powers,  an  emergency 
exists  within  the  meaning  of  the  constitution,  and  therefore  this  act  [Sec.  497] 
shall  take  effect  and  be  in  force  from  and  aflir  iis  iiassagc      (  lb.  » 

Sec.  1 '.'!•.  The  act  lo  isiablisli  ;i  <  iirpiiralimi  in  St.  I.nuis  for  public  education 
»p|iri>ved  I'Vbruary  l;{,  IS;{;{,  and  .\M.  I\,  «'liapter  14:5,  It.  .S.,  rt'pealeU. — An  act 
entitled  "An  Act  to  establish  a  corporation  in  the  city  of  St.  Louis  for  the  purpose  of 
public  education."  approved  Feb.  13th.  1N33.  and  all  acts  supplementary  to  and  amend- 
atory thereof,  and  article  IV  of  chapter  143  of  the  rtevised  Statutes  of  Missouri  en- 
titled "Ele<-tlon  of  school  directors  in  cities  having  three  hundred  thousand  inhabl- 
Mnta."  are  hereby  repealed.     (Laws  ls97.  p.  220.) 

Sec.  .500.  Cities  of  :<()0,)l(K>  inliabilant.s  shall  constituti'  a  sin^h'  sclioul  district 
iukI  l)e  a  Ixxlv  corpoiad' — supi'r\  islon  of  scIio<ds  vcsli'd  in  a  board  ot  eduiation 
roiiiposi'il  cii  I'J  iiiinihiTs  and  a  siipi'iinlcndi'Mt  of  instruction  and  a  coininissioni-r 
u(  .s<  limd  l>uildiiigs — board  nuiy  sue  and  1m-  sued,  etc.  —  Kvery  city  in  this  state 
now  having  or  which  may  hereafter  have  three  hundred  thousand  inhabitants  or  over, 
together  with  the  territory  now  within  its  limits,  or  which  may  in  the  future  be 
Included  by  any  change  thereof,  shall  be  and  constitute  a  single  school  district. 
■ball  be  a  l)ody  corporate,  and  the  supervision  and  government  of  public  schools 
Ud   public  school   property   therein   shall   be   vested   In   a   board   of   twelve   members. 

to  be  calle<l  and   known  as  the  "board   of  education  of  "    (in   which   title  the 

name  of  such  city  shall  be  Inserted)  and  in  a  superintendent  of  instruction  and  a 
conimissioner  of  s<'hool  buildings.  Such  board  of  education  shall,  by  and  in  said 
name,  sue  and  l)e  svied.  purchase,  receive,  hold  and  sell  property,  do  all  things 
neces.iary  to  accomplish  the  purpose  for  the  attainment  of  which  such  school  district 
la  organized,  and  succeed  to  all  the  property,  rights  and  privileges,  of  whatever 
kind  nml  nature,  granted  and  belonging  to  any  previous  corporation,  board  of 
directors  or  school  district  In  such  city,  or  officers  thereof,  authorized  or  empowered 
bjr  any  enactment  of  the  general  assembly  of  the  state  to  do  anything  In  reference 
to  public  education:  Provided,  that  all  pending  suits  to  which  any  such  previous 
orpotatlon.  board  of  directors,  or  school  district,  or  officer  thereof,  is  a  party,  may  be 

\  .*   I<i  ordlnunc*'?   ri'-spfctlnif   manufuciiircrs*   llccnsrn  and    tnXi'S.   »of    R,   C.    hoc. 

:i«  to  in*'rchant.<*.  .*•■**   H.  C.   .'«t'C.   -l!*l  ft  trQ.:  "n»l  .**••••  ni^itc.^  thori'to. 
■•n  (if  n»«-rchnnl!<'  llcon»f«   for  »rhonI   jmrpoHCs*.  |h»w»t  i»f  Mcliodi   lioard   to   levy 
mm  t.i\.  and  duty  of  rnfflstfr;  »ce  State  px   r<-\.   vs.  Trnry.  91   Mo.   217. 


192  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.   LOUIS.  [CHAP.  27. 

prosecuted  to  an  end  in  the  name  of  such  party.  All  titles  to  property  previously 
granted  to  such  city  by  the  United  States  or  this  state  for  school  purposes,  and  the 
title  to  all  school  lands  and  other  property  of  every  kind,  shall  be  vested  in  the 
board  of  education  established  by  this  act.  (lb.,  p.  221,  sec.  2.  R.  S.  1S99,  sec. 
9919— c.) 

Sec.  501.  General  powers  of  board  prescribed. — Every  such  board  of  educa- 
tion shall  have  general  and  supervising  control,  government  and  management  of  the 
public  schools  and  public  school  property  in  such  city;  shall  exercise  generally  all 
powers  in  the  administration  of  the  public  school  system  therein,  appoint  such  officers, 
agents  and  employes  as  it  may  deem  necessary  and  proper,  and  fix  their  compensation; 
shall  have  power  to  fix  the  time  of  its  meetings,  to  make,  amend  and  repeal  rules 
and  by-laws  for  its  meetings  and  proceedings,  for  the  government,  regulation  and 
management  of  the  public  schools  and  school  property  in  such  city,  for  the  trans- 
action of  its  business,  and  the  examination,  qualification  and  employment  of  teachers, 
which  rules  and  by-laws  shall  be  binding  on  such  board  of  education  and  all  parties 
dealing  with  it  until  formally  repealed;  to  provide  for  special  and  standing  com- 
mittees, to  loan  its  funds,  and  to  levy  such  taxes  as  are  or  may  be  authorized  by  law 
tor  school  purposes;  and  to  purchase  and  hold  all  property,  real  and  personal, 
deemed  by  it  necessary  for  the  purposes  of  public  education,  or  for  the  investment 
of  the  public  school  funds,  to  build  and  construct  improvements  for  such  purposes, 
and  to  sell  the  same.  Such  board  of  education  shall  have  all  the  powers  of  other 
school  districts  under  the  laws  of  this  state  except  as  herein  provided.  ( lb.,  p.  222, 
sec.  2.   R.  S.  1S99,  sec.  9920— f7.) 

Sec.  502.  Mcmber.s  of  board,  how  elected,  qualifications — no  conipen.sation  for 
service. — The  members  of  such  board  of  education  shall  be  elected  from  such  city 
at  large  on  a  general  ticket  and  shall  be  at  least  thirty  years  of  age,  citizens  and 
residents  of  the  city  and  tax-payers  therein  on  property  therein  assessed  in  their 
individual  names,  and  shall  have  been  such  residents,  citizens  and  tax-payers  for  at 
least  three  years  immediately  preceding  their  election.  They  shall  not  hold  any  office, 
except  that  of  notary  public,  in  such  city  or  state,  nor  be  interested  in  any  contract 
with  or  claim  against  the  board,  either  directly  or  indirectly.  If  at  any  time  after 
the  election  of  any  member  of  said  board  he  becomes  interested  in  any  contract 
with  or  claim  against  the  board,  either  directly  or  indirectly,  or  as  agent  or  employe 
of  any  individual,  firm  or  corporation,  which  is  so  interested,  he  shall  thereupon 
be  disqualified  to  continue  as  a  member  of  said  board,  and  shall  continue  to  be  so 
disqualified  during  the  remainder  of  the  term  for  whicn  he  was  elected.  Every 
member  of  such  .joard  shall,  before  assuming  the  duties  of  his  otnce,  take  oath 
before  a  judge  of  the  circuit  court,  or  justice  of  the  peace  of  such  city,  which  oath 
shall  be  kept  of  record  in  such  board,  that  he  possesses  all  the  qualifications  by  this 
"act  required,  and  that  he  will  not,  while  serving  as  a  member  of  such  board,  become 
interested  in  any  contract  with  or  claim  against  said  board,  directly  or  indirectly, 
or  as  agent  or  employe  of  any  individual,  firm  or  corporation  which  is  so  interested, 
and  that  he  will  not  be  influenced,  during  his  term  of  office,  by  any  consideration 
except  that  of  merit  and  fitness  in  the  appointment  of  officers  and  the  engagement 
of  employes.  No  compensation  shall  be  paid  to  the  members  of  the  board,  but  they 
shall  be  exempt  from  jury  duty  and  from  service  as  election  officers  during  their 
term  of  office.     (lb.,  p.  222,  sec.  4.     R.  S.  1S99,  sec.  9921— c.) 

Sec.  503.  Mayor  to  appoint  inenihers  of  first  board  until  general  election — 
dut.v  of  board  after  its  organization — election  of  president  and  vice  president. — The 
members  of  such  board  of  education  shall  be  elected  on  a  general  ticket  and  by  the 
qualified  voters  of  such  city  at  large  as  hereinafter  provided,  and  shall  qualify  by 
taking  the  oath  prescribed  by  this  act.  and  proceed  to  organize  by  electing  one  of  their 
number  president  and  another  vice-president;  and  thereupon  it  shall  be  the  duty  of 
any  then  existing  corporation,  or  board  of  directors,  or  officers  of  the  school  district  of 
such  city,  to  surrender  their  offices  and  to  deliver  to  said  board  of  education,  or  to  its 
officers,  agents  or  employes,  all  the  public  school   property,  both  real  and   personal, 

(f)  See  Scheme  sec.  37;  also  sees.  13  and  36.  State,  School  and  city  taxes,  how 
prepared,  etc:  See  Charter,  Art.  V,  Sec.  26;  See  Charter  provisions  upon  the  subject  of 
Public  Schools,  in  Charter.  Article  XIII,  Sees.  1-5.  with  annotations  appended  thereto. 
Power  of  Soliool  Board  to  levy  taxes  for  school  purposes:  State  ex  rel.  vs.  Tracy.  94  Mo. 
217.  Tlie  Board  of  Public  Schools  is  a  public,  but  not  a  municipal,  corporation:  Heller 
vs.  Stremmel,  .t2  Mo.  309;  although  a  nuasi  municipal  corporation:  State  ex  rel.  vs. 
Board  Pub.  S..  112  Mo.  213;  and  is  not  subject  to  garnishment:  Kein  vs.  School  District. 
42  Mo.  App.   46(*:   nor  execution:    State  to  use  vs.  Tiedemann.  69  Mo.   306. 

(rf)      Power  of  Board  to  levy  taxes:  See  note  to  sec.  520   fn/ra.   p.   197. 

U)  See  State  ex  rel.  vs.  Board  Pub.  Schools.  112  Mo.  213.  Election  laws  relating 
to  school  directors  in  St.  Louis  are  not  void  as  special  legislation:  State  ex  rel.  vs. 
Miller.  100  Mo.  439.  The  offices  of  school  director  and  deputy  sheriff  are  not  so  in- 
(•<nnpatible  that  the  same  person  cannot  hold  both  positions:  and  there  is  no  constitu- 
tional inliibition  that  i)rohil>its  such  holding:  State  ex  rel.  \"s.  Bus.  135  Mo.  32.'>.  331  et 
irQ.        See  al.so  note  to  Charter  Art    XIII. 


Ain     11  STATE  LAWS  SPKCIAl.l.Y    APPLICABLE  TO  ST.    LOUIS.  1<|;J 

of  every  kind  whatsoever,  and  the  control  and  management  of  the  public  school  affairs 
of  such  city.  Provided,  that  until  such  hoard  of  education  shall  he  organized,  the 
administration  of  the  |iul)lic  schools  and  the  niauagenient  of  school  |)roperly  in  such 
city  shall  remain  in  the  control  of  any  such  existing  corporation,  board  of  directors, 
or  officers  of  the  school  district,  in  the  same  manner  and  with  the  same  powers  as 
Existed  prior  to  the  passage  of  this  act,  or  the  attaining  by  said  city  of  the  requisite 
number  of  inhabitants.  It  shall  he  the  duty  of  the  said  board  of  education  as  soon 
as  practicable  after  Its  organization,  to  appoint  a  superintendent  of  jmblic  Instruction, 
a  commissioner  of  school  buildings,  a  secretary  and  treasurer,  an  auditor,  and  such 
other  officers,  employes  and  agents  as  it  may  deem  proper:  Provided,  that  no 
Buch  officer,  employe  or  agent  shall  be  a  member  of  said  board.  And  such  board 
of  education  may  continue  the  emiiloyment  and  service  of  any  e.xisting  officers, 
teachers,  agents  or  other  employes,  in  their  several  capacities,  in  connection  with 
the  admlnislraticn  of  school  affairs  until  such  time  as  they  may  effect  the  change 
of  the  administrative  system  applicable  to  the  punlic  schools  as  contemplated  in  this 
act:  and  said  board  of  education  may  thereafter  retain  or  remove  any  agents, 
teachers,  janitoit!.  engineers  or  other  employes  then  rendering  service  in  connection 
with  the  public  schools  of  such  city.  At  its  first  regular  meeting  after  the  first  day 
of  Otober  in  each  year  following  lis  original  organization,  said  board  of  education 
shall  reorganize  by  electing  one  of  Its  members  president  and  another  vice-president. 
All  vacancies  in  such  board  shall  be  filled  by  the  mayor  by  appointment  until  the 
next  election  for  members  of  said  board,  when  the  vacancy  shall  be  filled  for  the 
remainder  of  the  term.  All  rules  and  by-laws  made  by  any  existing  corporation, 
board  of  directors,  or  officers  of  the  school  district,  at  such  time  vested  in  such 
city  with  the  management  of  the  public  schools,  for  the  government  of  the  public 
schools  and  school  property,  in  such  city,  shall  continue  in  force,  so  far  as  con- 
sistent with  this  act,  until  re|)ealed  or  altered  by  such  board  of  education.  (lb.,  p. 
Tr2.  sec.   .">.      R.   S.    lS9<t.   sei-,   9922.) 

Sec  .">ii4.  S|H-cial  election  of  member.^  of  board  provided  for — tei'iiis  of  office 
and  clivs.silication. — Within  sixty  days  after  the  taking  otTect  of  this  act,  or  the 
name  becomes  applicable  to  such  city,  there  shall  be  held  in  every  such  city  a  special 
election  at  which  twelve  members  of  such  board  of  education  shall  be  elected,  who 
shall,  by  lot,  divide  themselves  Into  three  classes  of  four  members  each.  The  first 
class  shall  hold  office  until  the  next  ensuing  municipal  election  in  such  city,  whether 
for  general  offices  or  members  of  the  house  of  delegates:  the  second  class  until  the 
serond  such  ensuing  election:  the  third  class  until  the  third  such  ensuing  election, 
and  until  their  successors  shall  have  been  elected  and  qualified.  Such  special 
election  to  be  aeld  within  sixty  days  after  this  act  takes  effect  shall  be  held  on  such 
day  as  shall  be  named  by  the  election  commissioner  of  such  city,  who  shall,  in  due 
time,  name  such  day  and  |)erforni  all  duties  imposed  on  them  by  any  law  pertaining 
to  elei  lions  In  any  such  city  for  municipal  officers  or  members  of  the  house  of  dele- 
Kates  Such  special  election  and  all  the  elections  for  members  of  such  board  of  edu- 
cation shall  l)e  subject  to  and  governed  by  the  same  laws,  rules  and  regulations 
which  govern  elections  In  such  city  for  municipal  officers  or  members  of  the  house  of 
delegates,  including  the  law  iiertaining  to  the  registration  of  voters.  After  such 
special  election  there  shall  be  elected  at  such  municipal  election,  whether  for  general 
municipal  officers  or  for  members  of  the  house  of  delegates,  four  members  of  such 
board  of  education,  who  shall  assume  the  duties  of  their  office  at  the  first  regular 
meeting  of  such  board  of  education  after  their  election,  and  who  shall  hold  office 
for  six  years,  and  until  their  successors  shall  have  been  elected  an<l  qualified.  (lb., 
pi  223,  sec.  «.    R.  S.  1S99,  sec.  9923 — f.) 

Sec.    ."lOTi        Superinlrnilent     of    instruction     appoiiKed    1i.v    board — a.s.si.slants 
authorized— <lul it's   and   powers   of   assisianls. — Tbf   superintendent    of   instruction 
I   shall  he  appointed  by  ibc  beard  of  eiluiaiion   for  a  term  of  four  years,  during  which 
I   term  his  compensation   shall   not  be  reduced.     The  board  of  education   may,  on   the 
I   nomination   of  the   superintendent   of   Instruction,   appoint   as   many   assistant   super- 
intendents as  It  may  deem  necessary,  whose  compensation  shall  be  fixed  by  the  board, 
and   who  may   be   removed   by   the   sui>erintendent    with    the  approval   of   the   board. 
The  suiierintendent  of  instruction  shall  have  general  supervision,  subject  to  the  control 
\  of  the   board,   of   the   course   of   Instruction,   discipline   and   conduct   of   the   schools, 
I  text-books  and  studies:   and  all  appointments,  i)romotlons  and  transfers  of  teachers, 
j  and  Inlroiluctlon  and  changes  of  textbooks  and  apparatus,  shall  be  made  only  upon 
'  tb-'  ••ndatlon    of   the   sui)erlntendent.   and    the   approval    of   the   board.     The 

»"  ut  shall   have   power  to  suspend   any   teacher  for  cause  deemed   by   him 

sufiiiK'iii.  .ind  the  board  of  education  shall  take  such  action  ui>on  the  restoration  or 
removal  of  such  teacher,  as  It  may  deem  proper.     All  appointments  and   promotions 


'     Constitutionality   of   payment   of  expcnsoa   nf   special   school   elections   by    the 
'>     S(at»  px  rel.  vs.   Bonrd  of  TIducntlon.   141   Mo.   45   (holding  all  election  expenses  to 
paid  out  of  tho  city   treasury,   not   by   thi-  School    Board  I. 


194  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.   LOUIS.  [CHAP.   27. 

of  teachers  shall  be  made  upon  the  basis  of  merit,  to  be  ascertained,  as  far  as 
practicable,  in  cases  of  appointments,  by  examination,  and  in  cases  of  promotion, 
by  length  and  character  of  service.  Examination  for  appointment  shall  be  conducted 
by  the  superintendent  under  regulations  to  be  made  by  the  board.  The  superintendent 
of  instruction  shall  devote  himself  exclusively  to  the  duties  of  his  office  and  shall 
have  power  to  appoint  clerks,  whose  number  and  salary  shall  be  fixed  by  the 
board,  and  shall  have  power  to  remove  the  same;  shall  exercise  a  general  super- 
vision over  the  schools  of  the  city,  examine  their  condition  and  progress,  and  shall 
keep  himself  informed  of  the  progress  of  education  in  other  cities.  He  shall  advise 
himself  of  the  need  of  extension  of  the  school  system  of  the  city,  shall  make  reports 
from  time  to  time  as  may  be  fixed  by  the  rules  or  directed  by  the  board,  and  shall 
be  responsible  to  the  board  for  the  condition  of  the  instruction  and  discipline  of  the 
schools.      (lb.,  p.  224.  sec.  7.     R.  S.  1S99,  sec.  9924.) 

Sec.  50  6.  Coniniissioiier  of  school  buildings  provided  for — duties  defined. — 
The  commissioner  of  school  buildings  shall  be  ajjpointed  by  the  board  of  education  for 
a  term  of  four  years,  during  which  term  his  compensation  shall  not  be  reduced. 
He  shall  devote  all  his  time  to  the  duties  of  his  office,  and  shall  be  charged  with  the 
care  of  the  public  school  buildings  of  such  city,  and  with  the  responsibility  for  the 
ventilation,  warming,  sanitary  condition  and  proper  repair  thereof.  He  shall  prepare, 
or  cause  to  be  prepared,  all  specifications  and  drawings  required,  and  shall  super- 
intend all  the  construction  and  repair  of  all  of  such  buildings;  shall  make  report 
each  month  to  the  board  of  education  showing  in  detail  the  costs  of  repairs  and  other 
work  for  the  previous  mouth  on  each  building,  embodying  therein  the  amount  of  bills 
outstanding  for  work  ordered  by  him.  and  stating  specifically  the  cases  where  work 
was  done,  or  ordered,  without  public  letting;  shall  superintend  all  the  advertisements 
for  bids  and  the  letting  of  contracts;  and  shall,  within  the  limits  of  appropriations 
theretofore  made  by  the  board  of  education  for  repairs,  make  all  contracts  for  the 
repairs  of  school  property  except  where  the  cost  of  such  repairs  shall  exceed  the 
sum  of  fifty  dollars.  He  shall  give  bond  in  such  sum  as  may  be  fixed  by  the  board 
of  education,  which  shall  not  be  less  than  ten  thousand  dollars,  conditioned  upon 
the  faithful  performance  of  the  duties  of  his  office.  (lb.,  p.  224,  sec.  8.  R.  S.  1899, 
sec.   9925.) 

Sec.  507.  Couunissioner  to  appoint  engineers,  .janltor.s,  etc. — Sub.iect  to  the 
approval  of  the  board  of  education  as  to  the  number  and  salaries,  the  commissioner 
of  school  buildings  shall  have  power  to  ai)point  as  many  engineers,  janitors  and  other 
employes  and  agents  as  may  be  necessary  for  the  proper  performance  of  the  duties 
of  his  department,  for  whom  he  shall  be  responsible  and  whom  he  shall  have  power  to 
remove;  but  the  board  of  education  may  provide  for  a  competitive  examination  for  the 
positions  of  janitors  and  engineers;  and  when  such  provision  shall  have  been  made, 
the  commissioner  of  school  buildings  may  be  required  by  the  board  to  appoint 
janitors  and  engineers  from  the  list  obtained  by  such  examination.  He  shall  appoint 
such  assistants  and  deputies  as  may  be  authorized  by  the  board  of  education,  whose 
compensation  shall  be  fixed  by  the  board;  and  one  of  said  assistants  shall  be  a 
trained  and  educated  engineer,  qualified  to  design  and  construct  the  heating,  lighting, 
ventilating  and  sanitary  machinery  and  apparatus  connected  with  the  public  school 
buildings.  Such  assistants  and  deputies  shall  be  subject  to  removal  by  the  com- 
missioner of  scnool  buildings,  who  shall  be  responsible  for  the  proper  performance 
of  their  duties.  The  commissioner  of  school  buildings  may  be  removed  by  the 
board  of  education  for  cause  by  a  two-thirds  vote  of  the  entire  board.  He  shall 
perform  such  other  duties  as  may  be  required  of  him  oy  the  board.  (lb.,  p.  225, 
sec.  9.     R.  S.  1S99,  sec.  9926.) 

Sec.  508.  Contracts  for  buildings  and  repairs  shall  be  made  by  board — con- 
struction to  be  under  direction  of  commissioner  of  school  buildings. — All  contracts 
for  the  erection  of  school  buildings  and  all  contracts  for  repairs  and  alterations  in 
school  property  exceeding  the  amount  of  fifty  dollars  shall  be  made  by  said  board 
of  education,  after  public  letting,  to  the  lowest  responsible  Didder  complying  with 
the  terms  of  the  letting.  The  necessary  specifications  and  drawing  shall  be  pre- 
pared for  all  such  work,  and  bids  therefor  shall  be  solicited  by  such  advertisement 
as  the  board  of  education  may  provide.  All  other  work  of  construction  and  repairs 
shall  be  made  directly  by  the  commissioner  of  school  buildings  as  herein  provided. 
For  all  work  of  construction  and  repairs  authorized  to  be  done  directly  by  the  com- 
missioner of  school  buildings,  he  shall  furnish  the  necessary  specifications  and 
drawings,  except  in  cases  of  emergency,  where  the  cost  shall  not  exceed  the  sum 
of  one  hundred  dollars,  and  shall  solicit  bids  for  such  work  as  may  be  provided  for 
by  the  board  of  education.  No  bids  shall  be  entertained  by  the  commissioner  of 
school  buildings  which  are  not  made  in  accordance  with  the  specifications  furnished 
by  him.  and  all  contracts  shall  be  let  to  the  lowest  responsible  bidder  complying  with 
the  terms  of  the  letting:  Provided,  however,  that  the  said  commissioner  shall  have 
the  right  to  reject  any  and  all  bids.     (lb.,  p.  225,  sec.  10.    R.  S.  1899,  sec.  9927.) 


AI4T.   1.)  STATH   LAWS  SrnCTAI.I.Y    Am.ir ABLIO   TO  ST     I.OL'IS.  igj 

Sec.  50i).  liourd  of  I'duratioii  sliall  aihtrtiM'  tor  |iro|ioMils  for  .su|>|ili<-s^-<lls- 
trlliuliuii  of  su|i|ilU-!>. — The  board  of  education  shall,  at  or  prior  to  the  beKinniiiK  of 
each  fiscal  year,  cause  advertisements  to  be  made  under  such  regulations  as  it 
may  provide,  for  proposals  for  furnishing  the  supi)lies  required  in  the  schools  and 
by  the  board  in  the  ensuing  year;  and  every  contract  therefor  shall  be  awarded  to  the 
lowest  responsible  bidder  complying  with  the  terms  of  the  letting:  Provided,  how- 
ever, that  said  board  shall  have  and  reserve  the  right  to  reject  any  and  all  bids. 
If  other  supplies  are  required  during  the  year  they  shall  be  furnished  under 
contract  awarded  in  like  manner:  but  the  board  may  authorize  the  purchase  of 
supplies  not  exceeding  fifty  dollars  in  amount  without  letting  of  contract.  The 
board  shall  make  distribution  of  supplies  through  such  agencies  and  In  such 
manner  as  it  deems  proper;  and  the  board  may  contract  for  text-books  or  school 
apparatus  for  such  terra  of  years  as  It  deems  proper.  (lb.,  p.  225,  sec.  11.  R.  S. 
is'in.  sec.  9928.) 

Sec.  .^>lii.  Iloaid  sliiill  advertise  for  bids  from  banks  and  trust  companies  for 
current  deposit.s — liscal  year  <>f  board. — The  board  of  education  shall,  in  the  month 
of  June  of  each  year,  advertise  for  bids  from  the  banks  and  trust  companies  in 
such  city  for  the  current  deposits  of  such  board  of  education,  to  be  secured  by 
bonds  of  the  I'nited  States,  bonds  of  the  state  of  Missouri,  or  bonds  of  such  city, 
which  said  bids  shall  specify  the  rate  of  interest  to  be  allowed  to  said  board  on 
ruch  deposits  and  the  nature  of  the  security  offered;  and  such  deposits  shall  be 
annually  awarded  to  the  bank  or  trust  company  that  offers,  with  the  required 
security,  the  highest  rate  of  Interest  therefor;  and  the  board  shall  cause  contracts 
for  the  ensuing  year  to  be  made  with  such  bank  or  trust  company  so  receiving  the 
award  of  such  deposits.  Such  board  shall  thereupon  cause  all  funds  received  to  be 
paid  into  such  designated  depositary.  The  fiscal  year  of  the  board  shall  end  on  the 
30th  day  of  June  of  each  year,  and  the  annual  contract  shall  be  made  in  the  month 
of  June  of  each  year  for  the  deposits  of  the  succeeding  fiscal  year.  It  shall  be 
the  duly  of  the  president  of  the  board  in  each  year,  Immediately  after  the  selecting 
of  the  depositary  of  the  school  moneys  for  the  succeeding  year,  to  notify  the  treasurer 
of  the  state  of  Missouri,  and  the  collector  of  school  taxes  in  such  city  to  make  all 
l>ayments  of  money  apportioned,  belonging  to  or  distributed  to  such  board,  to  such 
Qepositary;  and  such  officer  shall,  upon  making  such  deposits,  take  from  such  de- 
;K>8ltary  triplicate  receipts  therefor,  one  of  which  shall  be  retained  by  the  officer 
making  such  deposits,  one  delivered  to  the  secretary  and  treasurer  and  the  third 
delivered  to  the  auditor  of  the  board.      (lb.,  p.  22r),  sec.  12.     R.  S.  1S99,  sec.  9929.) 

S'ec.  511.  Hoard  shall  select  a  secretary  and  treatsurer — bond  required — duties 
and  oalary. — The  board  shall  select  a  competent  secretary  and  treasurer,  who  shall 
nold  office  for  a  term  of  four  years,  ana  give  bond  in  such  sum  as  the  board  may 
require,  which  shall  not  be  less  than  fifty  thousand  dollars,  and  who  shall  be  subject 
.  to  removal  for  cause  by  a  two-thirds  vote  of  the  entire  board.  The  compensation 
\  of  the  secretary  and  treasurer  shall  not  be  reduced  during  his  term  of  office.  He 
nbnU  exercise,  subject  to  the  control  of  the  board,  a  general  supervision  over  the 
Qrcal  affairs  of  the  public  schools  of  the  city,  the  collection  and  payment  of  funds 
to  the  school  depositary,  and  the  disbursement  of  all  revenues  and  moneys  belonging 
to  the  board.  He  shall  have  supervision  under  the  direction  of  the  board,  of  the 
;iinuai>ent  school  fund  of  the  city,  and  the  Investment  thereof,  and  all  Invested 
pr«iierty  of  the  board.  He  shall  record  the  proceedings  of  the  board  in  such  manner 
'as  may  be  directed  by  the  board,  and  shall  deposit  daily  in  the  designated  depositary 
Df  the  board  all  money  collected  or  received  by  hlni  tor  the  board.  He  shall  furnish 
a*  the  beginning  of  each  month  a  statement  of  receipts  and  disbursements  of  the 
preceding  month:  and  at  the  end  of  the  fiscal  year  he  shall  make  to  the  board  a 
full  and  comprehensive  report  of  its  financial  affairs  for  the  preceding  year.  He 
!<haM  be  the  custodian  of  all  securities,  documents,  title  papers,  books  of  record  and 
iither  pa|)ers  belonging  to  the  board  under  such  conditions  as  the  board  may  direct. 
\l  shall  be  his  duty  to  see  that  no  liability  Is  Incurred  or  expenditure  made  without 
lue  authority  of  law,  and  that  appropriations  are  not  overdrawn.  Subject  to  the 
ipprovul  of  the  board  as  to  number  and  salaries,  he  shall  have  power  to  appoint 
>i«latant.-<.  for  whom  he  shall   be  responsible,  and  whom  he  may  remove.     He  shall 

Frtorm  such  other  duties  as  may  be  required  of  him  by  the  board.  (lb.,  p.  226, 
:.  13.  R.  S.  1S99.  sec.  9930.) 
Sec.  512.  DL-ibursoments  of  l>onrd,  how  made. — .■Ml  disbursements  of  the 
oard  of  eilucatlon  shall  be  made  by  checks  drawn  upon  the  depositary  in  such  form 
nd  subject  to  such  regulations  as  the  board  may  provide;  but  no  payment  shall  be 
lade  except  upon  warrant  drawn  by  the  auditor  and  countersigned  by  the  secretary 
nd  treasurer,     do.,  p.  22".  sec.  14.     R.  S.  1S99,  sec.  9931.) 

j  Sec.  513.  IhmnI  shall  appoint  nn  auditor — bond,  duties  and  term  of  office. — 
he  board  shall  appoint  a  competent  person  as  auditor,  who  shall  serve  for  a 
inn  of  four  years  and  give  bond  In  the  sum  of  ten  thousand  dollars.  His  salary 
iill  not  be  reduced  during  the  term  of  his  office,  and  he  may  be  removed  for  cause 


196  STATE  LAWS  SPECIALLY  APPLICABLE  TO   ST.   LOUIS.  [CHAP.   27. 

by  a  two-thirds  vote  of  the  entire  board.  He  shall  be  the  general  accountant  of  the 
board,  and  preserve  in  his  office  all  accounts,  voucners  and  contracts  pertaining 
to  f.iliool  affairs.  It  shall  be  his  duty  to  examine  and  audit  all  accounts  and  de- 
mands against  the  board,  and  to  certify  their  correctness  to  the  secretary  and 
treasurer  of  the  board.  He  shall  adopt  a  proper  system  of  double-entry  book-keeping. 
He  bhall  require  settlement  of  accounts  to  be  verified  by  affidavit  whenever  he 
thinks  proper,  and  shall  keep  the  accounts  of  the  schools  in  a  systematic  and  orderly 
manner.  No  claim  or  demand  shall  be  audited  unless  it  is  authorized  by  law  and 
the  rdits  of  the  board,  and  be  in  a  proper  and  fully  itemized  form,  and  unless  the 
amount  required  for  the  payment  of  the  same  shall  have  theretofore  been  appropri- 
ated by  the  board.  He  shall  perform  such  other  duties  as  may  be  required  by  the 
board.     (lb.,  p.  227,  sec.  15.     R.  S.  1899,  sec.  9932.J 

Sec.  514.  Duty  of  board  to  apportion  I'evciiues  to  the  different  departments, 
etc. — It  shall  be  the  duty  of  such  board  of  education,  at  the  beginning  of  each  fiscal 
year,  to  apportion  the  revenues  available  for  that  year  to  the  different  departments, 
for  expenditure  in  support  of  the  schools,  for  that  year;  and  no  report  or  resolution 
shall  be  adopted  by  the  board  calling  for  the  expenditure  of  money  unless  it  states 
specifically  the  fund  from  which  the  appropriation  is  to  be  made,  and  is  accompanied 
by  the  certificate  of  the  secretary  and  treasurer  that  there  is  a  balance  in  such  fund 
available  for  such  expenditure.     (lb.,  p.  227,  sec.  16.    R.  S.  1S99,  sec.  9933.) 

Sec.  515.  Mayor  shall  a]>point  annually  an  expert  to  exanihie  book.s,  accounts 
and  vouchers  of  offlcer.s — compensation  of  e.vpcrt. — At  the  close  of  each  fiscal 
school  year,  the  mayor  of  such  city  shall  appoint  one  or  more  expert  accountants,  who 
shall  examine  the  books,  accounts  and  vouchers  of  the  secretary  and  treasurer,  auditor, 
commissioner  of  school  buildings  and  all  other  departments  of  expenditure  of  the 
board,  and  shall  make  due  report  thereof  to  the  mayor  and  board  of  education  of 
such  city.  All  the  officers  and  employes  of  the  board  shall  produce  and  submit  to 
such  accountants  for  examination  all  books,  papers,  documents,  vouchers  and  ac- 
counts in  their  office  belonging  to  the  same  or  thereto  pertaining,  and  shall  in  every 
way  assist  said  accountants  in  their  work.  In  the  report  to  be  made  by  said  ac- 
countants they  may  make  any  recommendation  they  deem  proper  as  to  the  businesB 
methods  of  such  officers  and  employes.  A  reasonable  compensation  for  such  services 
shall  be  paid  by  the  board.     (lb.,  p.  227,  sec.  17.     R.  S.  1899,  sec.  9934.) 

Sec.  516.  Circuit  court  to  have  .jurisdiction  over  members  of  the  board  and  its 
officers — jurisdiction  exercised  upon  petition. — The  circuit  court  of  such  city  shall 
have  jurisdiction  over  the  members  of  such  board  of  education  and  its  officers  to 
require  them  to  account  for  their  official  conduct  in  the  management  and  disposition 
of  the  funds,  property  and  business  committed  to  their  charge:  to  order,  decree 
and  compel  payment  lay  them  to  the  public  school  fund  of  all  sums  of  money,  and 
of  the  value  of  all  property  which  may  have  been  improperly  retained  by  them, 
or  transferred  to  others,  or  which  may  have  been  lost  or  wasted  by  any  violation  of 
their  duties  or  abuse  of  their  powers  as  such  members  or  officers  of  such  board; 
to  suspend  any  member  or  officer  from  exercising  his  office,  whensoever  it  shall  appear 
that  he  has  abused  his  trust  or  become  disqualified;  to  remove  any  such  member 
or  officer  upon  proof  or  conviction  of  gross  misconduct  or  disqualification  for  his 
office;  to  restrain  and  prevent  any  alienation  of  property  of  the  public  schools  by 
said  members  or  officers,  in  cases  where  it  may  be  threatened,  or  there  is  good 
reason  to  apprehend  that  it  is  intended  to  be  made  in  fraud  of  the  rights  and 
Interests  of  the  ])ublic  schools.  The  jurisdiction  conferred  by  this  article  shall  be 
exercised  as  in  ordinary  cases  upon  petition,  filed  by  or  at  the  instance  of  any  member 
or  officer  of  such  board,  or  at  the  instance  of  any  ten  citizens  and  householders  of  such 
city,  who  shall  join  in  such  petition,  verified  by  the  affidavit  of  at  least  one  of  them. 
Such  petition  shall  be  heard  in  a  summary  manner  after  ten  days'  notice  in  writing 
to  the  member  or  officer  complained  of;  and  an  appeal  shall  lie  from  the  judgment 
of  the  said  circuit  court  as  in  other  causes,  and  be  speedily  determined;  but 
such  appeal  shall  not  operate  under  any  condition  as  a  supersedeas  of  a  judgment  of 
suspension  or  removal  from  office.     (lb.,  p.  227,  sec.  IS.     R,  S.  1S99,  sec.  9935.) 

Sec.  517.  Members  of  board  or  officers  violating  act  guilty  of  misdemeanor — 
punishment. — Any  member,  officer  or  employe  of  such  board  who  shall  willfully 
violate  any  of  the  jirovisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction,  shall  be  punished  by  fine  of  not  more  than  five  hundred  dollars  or 
Imprisonment  not  exceeding  one  year.     (lb.,  p.  2SS,  sec.  19.     R.  S.  1899,  sec.  9936.) 

Sec.  518.  Failure  to  attend  meetings  without  excuse  vacates  office. — Any 
member  failing  to  attend  the  meetings  of  the  board  for  three  consecutive  regular  i 
meetings,  unless  excused  by  the  board  for  reasons  satisfactory  to  the  board,  shall  be  i 
deemed  to  have  vacated  his  seat;  and  it  shall  be  the  duty  of  the  secretary  of  the 
board  to  certify  such  fact  to  the  mayor,  who  shall  thereupon  make  an  appointment 
to  fill  the  unexpired  term  of  such  member.  It  shall  likewise  be  the  duty  of  the 
secretary  to  certify  to  the  mayor  any  other  vacancy  occurrin.g  in  the  board.  The 
mayor  shall  forthwith  fill  the  vacancy  until  the  next  municipal  election  for  general 


ART     11  STATE  LAWS  SPECIAI-IA"   APPLICABLE  TO  ST.    LOUIS.  197 

officers  or  for  members  of  the  house  of  delegates.     (lb.,  p.  228,  sec.  20.     H  S.   1899, 
sec.  9937.) 

Sec.  519.  Tcstiiiiony  in  iiivostiKntioii.x,  liow  tiiki-n. — All  testimony  taken  upon 
any  Investigation  niaile  by  the  board,  or  in  any  proceedinRS  before  the  board  for  the 
removal  of  any  officer  or  employe  of  the  board,  or  in  any  investigation  made  by  any- 
commlttee  of  the  board,  shall  be  under  oath,  which  oath  may  be  administered  by 
the  secretarv  and  treasurer,  or  any  officer  authorized  to  administer  oaths,  (lb.,  p. 
22S,  sec.  21.  "  R.  «.  1899,  sec.  9938.) 

Pec.  520.  The  board  invested  with  power  to  levy  and  collect  taxes,  etc. — The 
board  of  education  shall  have  power  to  levy  and  colled  all  taxes  authorized  by  law 
to  be  levied  for  school  purposes  in  such  city,  and  to  collect  all  fines  and  penalties 
provided  by  law  to  be  paid  into  the  school  funds;  and  the  officers  of  such  board 
and  the  collector  and  assessor  in  such  city,  and  all  other  officers  of  such  city,  and 
of  the  state,  concerned  with  the  assessment  and  collection  of  taxes,  fines  and  penal- 
ties, shall  perform  such  duties  in  relation  to  the  levying  and  collection  of  school 
taxes  and  the  collection  of  such  fines  and  penalties,  and  the  payment  thereof  to 
said  board  for  school  purposes,  as  are  now  imposed  by  the  existing  law  upon  such 
officers  In  relation  to  the  levy  and  collection  of  school  taxes  and  the  collection  of 
fines  and  penalties  payable  to  the  school  funds;  and  nothing  in  this  act  shall  be 
construed  as  repealing  any  existing  law  providing  for  the  assessment  and  collection 
of  school  taxes  in  such  city;  and  all  powers  and  duties  conferred  by  existing  law 
upon  any  board  In  relation  thereto  shall  be  continued  in  the  board  created  by  this 
act.    (lb.,  p.  229,  sec.  22.    R.  S.  1S99,  sec.  9939— f/.) 

Sec.  521.  Klections  to  incren.se  tax  levy,  how  called  and  held. — Any  election 
which  may  be  called  by  the  board  of  education  of  such  city  to  increase  the  rate  of 
taxation  for  school  i)urposes.  or  for  any  other  purpose  authorized  by  article  1, 
chapter  154,  of  the  Revised  Statutes  of  1899.  shall  be  held  at  such  time  as  the  board 
may  direct,  iimler  the  general  election  laws  governing  such  city.  The  board  of 
education  shall  have  the  powers  of  a  school  district  in  annual  meeting,  and  shall 
perform  such  duties  as  are  required  by  general  laws  of  school  districts,  so  far  as 
such  are  applicable  to  the  public  school  affairs  of  such  city,  and  consistent  with 
the  provisions  of  this  act.  It  shall  at  least  once  in  every  five  years  cause  an  enumera- 
tion to  be  made  of  all  persons  over  six  and  under  twenty  years  of  age.  resident 
within  the  city,  designating  male  and  female,  white  and  colored,  and  age  of  each, 
together  with  the  residence  of  said  persons  by  street  and  number.  In  the  years 
Intervening  between  the  taking  of  such  enumeration  said  board  may  by  resolution 
adopt  [thej  last  enumeration  therein  made  as  its  enumeration  for  the  current  year. 
A  copy  of  the  aggregate  of  such  enumeration,  or  such  resolution  (as  the  case  may 
be  I.  duly  certified  by  the  president  and  secretary  of  said  board  under  its  corporate 
seal,  shall  be  forwarded  to  the  state  superintendent  of  public  schools  and  to  the 
stale  auditor  on  or  before  the  first  day  of  .luly  in  each  year.  (Laws  1889,  p.  352. 
R.  S.  1899.  sec.  9940.  > 

Sec.  522.  What  shall  <'on>liluli'  llic  iHi'iiiiini'nl  mIiuoI  IiiiiiI — investment. — All 
school  lands  heretofore  granted  by  the  general  assembly  to  any  such  city,  or  to  any 
Incorporated  board  for  the  benefit  of  such  city,  for  the  purpose  of  i)ublic  education, 
Including  all  lands  of  such  board  granted  by  the  general  government  of  the  United 
States,  or  of  this  stale  and  lying  within  the  limits  of  said  state,  for  the  schools  as 
aforesaid,  shall  constitute  the  i)ernianent  school  fund  of  such  city,  only  the  income 
of  which  shall  be  used  for  the  supi)ort  of  such  public  schools  in  such  city.  Nothing 
herein  contained  shall  affect  the  right  of  such  board  to  dispose  of  such  lands:  Pro- 
vided, that  the  proceeds  be  duly  invested  and  only  the  income  thereof  be  used  for 
the  support  of  the  public  schools.  (Laws  1897,  p.  229,  sec.  24.  R.  S.  1899,  sec.  9941.) 
Sec.  523.  Hoard  required  to  pulillsh  report. — The  board  of  ed\ication  shall,  as 
soon  as  practicable  after  the  clo.se  of  each  school  year,  cause  to  be  printed  and  pub- 
[  llshed  a  report  of  the  condition  of  the  public  schools  under  Its  charge,  and  of  all 
I  the  pro|)erty  under  Its  control,  with  a  full  and  accurate  account  of  all  the  receipts 
and  expenditures  of  the  board  during  the  preceding  year,  and  of  the  condition  of 
all  invested  property,     (lb.,  i).  229,  sec.  25.     R.  S.  1899,  sec.  9942.1 

Sec.  524.     Inconsistent  nets  repealed. — .All  acts  and  parts  of  acts  inconsistent 
'h   this  act   are   hereby   repealed.      (lb.,   p.   229,   sec.   26.) 

Sec.  525.  Kniergency  clause. — The  laws  for  the  organization  and  government 
'  of  school  districis  in  i  Ities  having  three  hunilred  thousand  inhabitants  and  over  being 
I  defective  and  inadequate,  an  emergency  within  the  meaning  of  the  constitution  is 
I  hereby  created,  rtH|uirlng  that  this  act  shall  take  effect  immediately;  therefore,  this 
<  act  shall  \:il.-  .fr.'c  t  .i.'i.l  1,.-  in  ri<v>,-  fr,.in  and  after  its  passage.     (lb.,  p.  229.  sec.  27.) 

I  for  school   purposes.  State  ex  rcl.   v.  Trocy,  94 

M-  ■  .1   power   to    r»?quiro   sheriff   to    pay    Into   court 

.1    I..  I1....I.S.      Tl.ls   lomt    can    only    require   n    soltlcnii'nt.      In    ro    Stncd, 

i-Ic.r  of  city   niav  mnlntnin  action   to  rollfct   tnxfH   for  schools  nicnlnst 

lent.     .State   ex    rel.    '/.l.ir.nli.lM    v.    Tillman,    103   Mo.    553.      Sec    note    to 

,   CUartvr.  Ai(.  XIII.  acctlons  1  and  4. 


J 


198  STATE   LAWS  SPECIALLY  APPLICABLE  TO  ST.    LOUIS.  [CHAP.   27. 

ARTICLE   II. 
PENSION  AND   RETIREMENT   FUND. 

Sec.    52  6.      Pension   fund   provided   for   school   teachers   and   employes. — The 

public  school  board  or  boards  of  directors  having  charge  of  public  schools  in  cities 
now  or  hereafter  having  a  population  of  three  hundred  thousand  inhabitants  or  more 
shall  have  power  to  create  a  public  school  teachers'  and  administrative  and  clerical 
employes'  pension  and  retirement  fund,  and  for  that  purpose  they  must  set  apart 
the  following  moneys,  to  wit:  (1)  An  amount  not  exceeding  one  per  cent,  per  annum 
of  the  respective  salaries  paid  to  teachers  and  administrative  and  clerical  employes 
in  the  employment  of  such  boards,  who  shall  elect  to  come  under  and  participate  in 
the  benefits  of  this  act,  which  amouut  shall  be  deducted  from  said  salaries  annually, 
at  such  time  and  in  such  manner  as  the  board  of  trustees  shall  prescribe.  (2)  All 
moneys  received  from  donations,  legacies,  gifts,  bequests  or  otherwise,  on  account 
of  said  fund.  (3)AI1  moneys  which  may  be  deprived  [derived]  from  other  methods 
of  increment  as  may  be  duly  and  legally  devised  for  the  increase  of  said  fund.  (Laws 
1897,  p.   230.     R.   S.   1899,  sec.   9943.) 

Sec.  527.  Board  of  trustees  created. — A  committee  consisting  of  four  members 
of  such  boards,  together  with  the  superintendent  of  schools  and  four  representatives 
selected  by  the  teachers  and  administrative  and  clerical  employes  of  the  public 
schools  under  control  of  each  of  said  boards,  who  sliall  elect  to  come  under  and 
participate  in  the  benefits  of  this  act,  shall  form  a  board  of  trustees,  a  majority  of 
whom  shall  determine  the  amount  to  be  deducted  from  the  salaries  paid  to  teachers 
and  administrative  and  clerical  employes  as  aforesaid,  and  shall  have  charge  of 
and  administer  said  funds,  and  shall  have  power  to  invest  the  same  as  shall  ba 
deemed  most  beneficial  to  said  fund,  and  shall  have  power  to  make  payments  from 
said  fund  of  annuities  granted  in  pursuance  of  this  act,  and  shall  from  time  to  time 
make  and  establish  such  rules  and  regulations  for  the  administration  of  said  fund 
as  they  shall  deem  best.     (Laws  1897,  p.  230.     R.  S.  1899,  sec.  9944.) 

Sec.  5  2  8.  Conditions  upon  which  teachers  and  employes  may  be  retired. — The 
public  school  boards  or  boards  of  directors  having  charge  of  pubilc  schools  in  such 
cities  shall  have  power,  by  a  majority  vote  of  all  members,  to  retire  any  female 
teacher  or  other  administrative  and  clerical  employe  who  shall  have  elected  to  come 
under  and  participate  in  the  benefits  of  this  act,  as  aforesaid,  ard  who  shall  have 
taught  in  public  schools  or  rendered  service  therein  for  a  period  aggregating  twenty- 
five  years:  and  any  male  teacher  or  administrative  and  clerical  employe  who  shall 
have  elected  to  come  under  and  participate  in  the  benefits  of  this  act,  as  aforesaid, 
and  who  shall  have  taught  or  rendered  such  service  for  a  period  aggregating  thirty 
years;  and  such  teacher  or  administrative  and  clerical  employe  shall  have  the  right, 
after  such  term  of  service,  to  retire  and  become  a  beneficiary  under  this  act.  pro- 
vided he  shall  be  in  the  judgment  of  the  board  of  trustees,  physically  or  mentally 
incapacitated  for  such  service:  Provided,  however,  that  four-fifths  of  the  said  term 
of  service  shall  have  been  rendered  by  said  beneficiary  within  the  limits  of  the 
municipality  where  said  boards  have  jurisdiction:  Provided  further,  that  said  board 
of  trustees  shall  have  full  power  to  pass  on  the  applications  of  all  teachers,  ad- 
ministrative and  clerical  employes,  who  may  elect  to  come  under  and  participate  in 
the  benefits  of  this  act,  and  prescribe  rules  governing  time  of  service.  (Laws  1897, 
p.  230.     R.   S.   1899,  sec.  9945.) 

Sec.  529.  Annuity  of  retired  teachers. — Each  teacher  and  administrative  and 
clerical  employe  so  retired  shall  thereafter  be  entitled  to  receive  as  an  annuity  sixty 
per  cent  of  the  annual  salary  paid  to  said  teacher  or  administrative  and  clerical 
elnploye  at  the  date  of  such  retirement:  Provided,  however,  that  such  annuity  shall 
not  exceed  the  sum  of  eight  hundred  dollars,  which  shall  be  paid  by  said  boards 
out  of  the  fund  created  in  accordance  with  this  act,  in  the  manner  provided  by  law 
for  the  payment  of  salaries.      (Laws  1897,   p.   230.     R.   S.   1899,  sec.   9946.) 

Sec.  530.  Board  of  trustees  shall  manage  and  control  fund. — Said  board  of 
trustees  is  hereby  given  the  power  to  use  both  the  principal  and  income  of  said  fund 
for  the  payment  of  the  annuities  hereinbefore  mentioned,  and  to  manage,  invest  and 
accumulate  and  otherwise  control  said  fund,  as  it  may  provide  by  its  rules  and 
regulations,  and  shall  ha\e  power  to  reduce  from  time  to  time  the  amount  of  all 
annuities.      (Laws    1897,    p.    230.      R.    S.    1899,   sec.    9947.) 

Pec.  531.  Members,  when  declared  annuitants. — That  all  members  who  shall 
become,  either  physically  or  mentally,  incapacitated  for  school  work,  may,  upon 
recommendation  of  the  board  of  trustees,  be  declared  by  the  school  board  to  be 
annuitants,  and.  upon  such  action,  shall  receive  an  annuity  as  provided  by  the  law 
as  aforesaid.      (Laws  1897,  p.  230.     K.  S.  1899,  sec.  9948.) 

Sec.  53  2.  Annuitants  must  pay  into  treasury  20  per  cent  of  salary. — No  per- 
son shall  become  an  annuitant  who  shall  not  nave  paid  into  the  treasury  a  sum 
equal  to  twenty  per  cent  of  the  annual  salary  received  by  him  ai  the  time  of  making 
application  for  annuity.     (Laws  1897,  p.  230.     R.  S.  1899,  sec.  9949.) 


AKT.   2-3.]  STATE   LAWS  SPKCIAM.Y    AFPLICAnLR  TO  ST.    I.OUTS,  liig 

Sec.  533.  Duties  of  s<h  rotaric.x  of  piililic  ^^■ll(>^>l  lumrUs  uitli  rofciviict'  to 
pensiuii  fuiul. — Tho  secretaries  of  such  public  school  boards  or  boards  of  directors 
so  having  diarge  of  public  school  funds,  shall  certify  monthly  to  the  treasurers 
thereof,  all  amounts  deducted  from  the  salaries  of  teachers,  special  teachers,  principals 
and  administrative  and  clerical  employes,  in  accordance  with  the  provisions  of  this 
act,  which  amounts,  as  well  as  all  other  moneys  contributed  to  said  fund,  shall  be  set 
apart  and  held  by  said  treasurer  as  a  special  fund  for  the  purposes  hereinbefore 
specified,  subject  to  the  order  of  said  boards  of  trustees,  as  aforesaid,  and  shall  be 
paid  out  upon  warrants  signed  by  the  president  and  secretary  of  said  public  school 
boards.     (Laws  ISSo,  p.  2GS.     R.  S.  1S99,  sec.  9950.) 

Sec.  53  4.  Acts  of  lioards  of  (rusteos  to  be  pa.ssed  upon  by  the  public  school 
lioard.s. — Every  act  of  said  boards  of  trustees  shall  be  reported  to  and  be  passed 
upon  by  such  public  school  boards  or  boards  of  directors  having  charge  of  public 
schools  in  such  cities.     (Laws  1895,  p.  268.     R.  S.  1899,  sec.  9951.) 

ARTICLE  III. 

COMPULSORY    EDUCATION. 

(Act  o(  March  19,  1907.) 

Sec.  534a.  Duty  of  parent  or  K"a''*Han-— Every  parent,  guardian  or  other 
person  in  any  city  of  the  state  of  Missouri  of  five  hundred  thousand  inhabitants  or 
over  having  charge,  control  or  custody  of  a  child  between  the  ages  of  eight  and 
fourteen  years,  shall  cause  such  child  to  attend  regularly  some  day  school,  public. 
private,  parochial  or  parish,  not  less  than  the  entire  time  the  school  which  said 
child  attends  is  in  session,  or  shall  provide  such  child  at  home  with  such  regular 
dally  Instructions  during  the  usual  hours  as  shall,  in  the  judgment  of  a  court  having 
competent  jurisdiction,  be  substantially  equivalent  at  least  to  the  instruction  given  the 
children  of  like  age  at  said  day  school  in  the  locality  in  which  said  child  resides; 
and  every  parent,  guardian,  or  person  in  the  state  of  Missouri  in  such  cities  having 
charge,  control  or  custody  of  a  child  between  the  ages  of  fourteen  and  sixteen 
years,  who  is  not  actually  and  regularly  and  lawfully  engaged  for  at  least  si.x  hours 
each  day  in  some  useful  employment  or  service,  shall  cause  said  child  to  attend 
regularly  some  day  school  as  aforesaid      (Laws  1907,  p.  429,  sec.  1.) 

Sec.  ."i34b.  Children — when  excused. — A  child  between  the  ages  aforesaid 
may  be  excused  temporarily  from  coniiilying  with  the  provisions  of  this  act.  in 
whole  or  in  part,  if  it  be  shown  to  the  satisfaction  of  the  attendance  officer,  or  If 
he  declines  to  excuse,  to  the  satisfaction  of  a  court  of  competent  jurisdiction,  that 
said  parent,  guardian  or  person  having  charge,  control  or  custody  of  said  child  is 
not  able,  through  extreme  destitution,  to  provide  or  obtain  In  any  way  proper 
clothing  for  said  child:  or  that  said  child  is  mentally  or  physically  incapacitated 
,  to  attend  school  for  the  whole  iieriod  required,  or  any  part  thereof,  or  that  the 
I  labor  of  said  child  is  absolutely  necessary  for  ihe  support  of  the  family,  or  that 
said  child  has  completed  the  common  school  course,  as  prescribed  by  constituted 
authority,  or  its  equivalent,  and  has  received  a  certificate  of  graduation  there- 
from; Provided,  however,  that  in  cities  maintaining  evening  schools  any  child 
who  has  been  exempted  from  attendance  in  the  day  school  for  the  reason  that 
the  labor  of  said  child  is  absolutely  necessary  for  the  support  of  the  family, 
shall  be  required  to  attend  said  evening  schools  while  they  are  in  session,  unless  an 
exemption  from  such  attendance  is  granted  by  the  attendance  officer,  (lb.,  sec.  2.) 
j  Sec.  53  4c.      Board  to  appoint  attendance  officer — powers. — The  board  having 

'charge  of  public  schools  in  such  city  may  appoint,  and  remove  at  pleasure,  one  or 
I  more  attendance  officers  to  enforce  the  provisions  of  this  act,  and  shall  fix  the  com- 
pensation and  manner  of  performance  of  the  duties  of  said  attendance  officers,  and 
shall  pay  them  from  the  public  school  funds:  and  the  attendance  officer  or  officers. 
as  aforesaid,  shall  have  the  right  to  investigate  the  claims  of  children  for  exemption 
under  section  two.  and  to  issue  certificates  of  exemption  when  such  claims  are 
established  to  his  or  their  satisfaction:  shall  serve  written  or  printed  notices  upon 
the  parents,  or  guardians,  or  persons,  who.  having  charge,  control  or  custody  of 
children,  as  aforesaid,  violate  the  i)rovisions  of  this  act:  shall,  when  reasonable  doubt 
exists  as  to  the  age  of  any  such  child,  require  a  properly  attested  birth  certificate 
or  an  affidavit  stating  such  child's  age.  giving  the  date  or  birth,  physical  character- 
istics and  bearing  the  signature  of  the  child:  shall  have  the  right  to  visit  and  enter 
any  mine,  office,  factory,  workshop,  business  house,  place  of  amusement,  or  other 
t>lace  in  which  children  are  employed  or  engaged  in  any  kind  of  service,  or  any 
place  or  building  in  which  children  loiter  or  idle  during  school  hours:  shall 
hare  the  right  to  require  a  properly  attested  certificate  of  the  attendance  of  any  child 
or  children  at  such  day  school:  shall  have  power  to  arrest,  without  warrant,  any 
truant,  or  non-attendants  or  other  Juvenile  disorderly  persons,  and  place  them  in 
^ome  school,  or  take  them  to  their  homes,  or  take  them  to  any  place  of  detention 
proTlded  for  neglected  or  delinquent  children  by  such  city;   shall  serve  In  the  cases 


200  STATE   LAWS  SPECIALLY   APPLICABLE  TO  ST.   LOUIS.  [CHAP.  27. 

which  they  prosecute  without  further  fee  or  compensation  than  that  paid  by  the 
board  as  aforesaid,  and  shall  carry  into  effect  such  other  regulations  as  may  lawfully 
be  required  by  the  board  appointing  them.      (Laws  1907,  p.  429.  sec.  3,) 

fc'ec.  .534  d.  Certain  persons  to  administer  oaths — certificates. — Superintend- 
ents, principals  and  persons  in  charge  of  schools  and  attendance  officers  are  author- 
ized to  administer  oaths  and  to  take  the  affidavits  of  parent,  guardiaji  or  other 
person  having  charge,  control  or  custody  of  children,  concerning  the  ages  of 
children,  and  to  furnish  children  with  certificates  of  such  affidavits;  such  certificates 
must  have  attached  the  signature  of  the  cliild  for  whom  it  is  issued,  the  signa- 
ture of  the  persons  who  made  and  took  the  affidavit,  and  the  seal  of  the  board 
having  charge  of  public  schools.  Aforesaid  certificates  shall  contain  the  description 
of  the  color  of  eye  and  hair  of  the  child  to  whom  it  is  issued.     (lb.,  p.  430,  sec.  4.) 

Sec.  53 4e.  Fjilse  information  as  to  a}je — penalty. — It  shall  be  a  misdemeanor 
for  any  parent,  guardian  or  other  person  having  charge,  control  or  custody  of  chil- 
dren to  give  false  information  to  superintendents  or  i)rincipals  of  schools  or  to  the 
attendance  officer  or  to  make  a  false  affidavit  concerning  the  age  of  a  child,  and 
aforesaid  parent,  guardian  or  other  person  shall,  upon  conviction  of  such  mis- 
demeanor, be  fined  not  exceeding  twenty-five  dollars.     (Id.,  sec.  5.) 

Sec.  534f.  Truant  or  parental  schools. — The  board  having  charge  of  the 
public  schools  of  such  city  may  establish  and  maintain  from  the  public  school 
funds  one  or  more  truant  or  parental  schools  in  such  city,  or  any  such  board 
may,  at  its  discretion,  purchase  land  and  maintain  such  school  either  within  or 
without  such  city  for  children  who  are  between  the  ages  of  eight  and  sixteen 
years,  and  who  are  either  habitual  truants  from  any  day  school  in  which  they 
are  enrolled  as  pupils,  or  who,  while  in  attendance  at  any  school,  are  incorrigible, 
vicious  or  immoral,  or  who  habitually  loiter  or  wander  about  the  streets  or  roade, 
or  other  public  places  without  lawful  employment,  or  who  habitually  frequent, 
during  school  hours,  any  place  of  amusement,  or  wno  idle  or  loiter  in  any  place  or 
building  during  school  hours:  and  may,  by  said  school  board,  through  its  officers, 
be  assigned  to  and  required  and  compelled  to  attend  such  truant  or  parental  school, 
or  any  department  of  the  graded  schools  as  such  board  may  direct:  or  such  juvenile 
disorderly  persons  may  be  arrested,  without  warrant,  by  the  attendance  officers, 
and  may  be  prosecuted  by  them  in  the  juvenile  court  of  said  city,  and  may 
be  dealt,  with  in  such  manner  as  provided  for  the  treatment  of  neglected  or  de- 
linquent children  under  the  act  establishing  said  juvenile  court  in  said  city.  (lb., 
sec.  6.) 

Sec.  .53  4g.  Parent  violating  act — penalty. — Any  parent  or  guardian  or  person 
who  having  charge,  control  or  custody  of  a  child  in  such  city,  between  the  ages  of 
eight  and  sixteen  years,  violates  any  provision  of  this  act,  shall  be  warned,  as 
aforesaid,  as  soon  as  possible  after  the  beginning  of  the  i)ublic  school  term  of  the 
city,  and  also  at  any  time  thereafter,  by  the  attendance  officer  herein  provided  for, 
to  place  and  keep  said  child  in  regular  attendance  at  some  school  within  ten  days 
from  the  service  of  said  written  or  printed  notice  of  warning,  and  upon  failure 
to  comply  with  this  act  after  a  lapse  of  ten  days  from  the  date  of  the  service 
of  said  notice  of  warning,  said  parent  or  guardian,  or  person  having  charge,  control 
or  custody  of  said  child  shall  be  deemed  guilty  of  a  misdemeanor  and,  upon  con- 
viction theerof,  shall  pay  a  fine  of  not  less  than  ten  dollars  and  not  more  than  twenty- 
five  dollars,  or  fbe]  imprisoned  for  not  less  than  two  days  and  not  more  than  ten 
days,  or  both  such  fine  and  imprisonment:  Provided,  that  said  sentence  of  fine 
or  imprisonment,  or  both,  may  be  suspended  and  finally  remitted  by  the  court  with 
or  without  the  payment  of  costs,  at  the  discretion  of  the  court,  if  the  said  child  be 
immediately  placed  and  kept  in  regular  attendance  in  some  day  school  as  afore- 
said, and  if  such  fact  of  regular  attendance  is  proven  subsequently  to  the  satisfaction 
of  said  court  by  a  properly  attested  certificate  of  attendance  by  the  superintendent, 
principal  or  person  in  charge  of  said  day  school,     i  lb.,  sec.  7.) 

Sec.  534h.  Children  between  14  and  16  not  to  be  eniplo.yed  certain  places, 
etc. — certificate. — No  child  between  the  ages  of  fourteen  and  sixteen  shall  be 
employed  or  be  enga.ged  in  service  in  any  mine,  factory,  workshop,  business  house, 
place  of  amusement,  or  in  any  other  place  or  manner  who  has  not  first  furnished  his 
employer  a  properly  attested  birtli  certificate,  or  an  affidavit,  as  provided  for  in 
section  four  of  this  act,  giving  the  date  of  birth  and  physical  characteristics  and 
the  signature  of  the  child.     (lb.,   p.   431,  sec.   S.) 

Sec.  534i.  Same — children  between  8  and  14  years. — Xo  child  between  the 
ages  of  eight  and  fourteen  shall  be  employed  or  be  enga,ged  in  service  during  the 
usual  school  hours  in  any  mine,  office,  factory,  workshop,  business  house,  place  of 
amusement,  or  in  any  other  place  or  manner,  unless  such  child  shall  first  furnish 
his  employer  a  certificate,  properly  signed  by  the  attendance  officer,  or  an  excuse 
from  school  attendance  issued  by  a  court  of  comiietent  jurisdiction,  showing  that 
such  child  is  for  the  time  being  excused  from  attendance  at  school,  in  accordance 
with  section  two  of  this  act.      (lb.,  sec.  9.) 


AKT.  3.)  STATK  LAWS  SPECIAIJ.Y   APPUCABLK  TO  ST.    LOUIS.  201 

Sec.  534j.  KiiiploytT  violatint;  ait — luiialty. — Every  owner,  superintendent, 
officer,  or  person  In  charge  of  any  mine,  otllce,  factory,  worlishop,  businesa  house, 
or  place  of  amusement,  or  any  person  who  shall  employ  or  have  in  his  service 
any  child  between  eight  and  sixteen  years  of  a^e  contrary  to  the  provisions  of 
this  act  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  lined  for 
each  offense  in  a  sum  not  less  than  twenty  or  more  than  fifty  dollars  and  costs, 
(lb.,  sec.  10.) 

Sec.  5:UI<.  Kniployor  to  keep  record  of  ase. — -Every  owner,  superintendent, 
officer,  or  person  in  charge  of  any  mine,  office,  factory,  workshop,  business  house, 
or  plaie  of  amusement,  or  any  i)erson  who  employs  or  has  in  his  service  any  child 
between  eight  and  sixteen  years  of  age,  shall  preserve  and  Iteep  on  file  for  each  child 
between  the  aforesaid  ages  that  is  in  his  employ  or  service,  the  affidavit  or  cer- 
tificate of  age,  or  the  certificate  of  exemption  from  school  attendance  which  has  been 
furnished  to  said  employer,  as  provided  for  by  sections  nine  and  ten  of  this  act; 
and  every  employer,  as  aforesaid,  shall,  ui)on  the  request  of  the  attendance  officer, 
submit  any  or  each  of  said  certificates,  affidavits,  or  exemi)tions  from  school  at- 
tendance for  inspection  and  examination  of  such  officer.  Any  employer  failing  to 
comply  with  any  of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  ami.  upon  conviction,  shall  be  fined  for  such  offense  not  less  than 
twenty  dollars,  nor  more  than  fifty  dollars,  and  costs,     (lb.,  sec.  11.) 

Sec.  5;MI.  Prosecutions,  liow  and  wliere  iH-ought — juvenile  court. -^Prosecu- 
tions under  this  act  shall  be  brought  in  the  name  of  the  state  of  Missouri.  The 
circuit  court,  when  vested  as  a  juvenile  court,  with  jurisdiction  over  juvenile 
offenders,  shall  have  concurrent  jurisdiction  with  the  court  in  said  city  having 
general  Jurisdiction  over  misdemeanors  to  try  and  determine  any  cases  of  viola- 
tion of  the  provisions  of  this  act  by  parents,  employes  or  other  persons,  and 
shall  also  h^ve  jurisdiction  to  determine  exemptions  under  section  two  [538b] 
and  a  general  supervisory  jurisdiction  over  the  enforcement  of  the  provisions 
of  this  act.     (lb.,   p.  432,  sec.   12.) 

Sec.  534m.  Itopealinj;  act. — An  act  entitled  "An  act  to  enforce  the  consti- 
tutional right  of  every  cliiUi  in  the  state  to  an  education,  to  provide  for  truant 
or  parental  schools  ami  attendance  officers  in  cities  of  ten  thousand  population  or 
more,  and  to  prohibit  the  employment  of  children  during  school  hours,"  approved 
April  11.  19115,  so  far  as  the  same  applies  to  cities  having  five  hundred  tliousand 
inhabftants  or  more,  is  hereby  repealed.     (lb.,  sec.  13.) 

Sec.  534n.  Einergt-ncy. — The  existing  laws  having  been  found  inadequate  In 
cities  of  five  hundred  thousand  inhabitants  and  over  for  the  declared  purpose  of 
enforcing  the  constitutional  right  of  every  child  in  such  city  to  an  education,  and 
the  necessity  of  making  an  adequate  provision  therefor,  creates  an  emergency  within 
the  meaning  of  the  Constitution,  and  therefore,  this  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage.     (lb.,  sec.  14.) 


CH.APTbK    rWh.M  Y-HIGHT. 

SANITARY  DISTRICTS  AND   SEWERS.* 

Section  535.  Sanitary  cU.>itricts — how  established. — Whenever  the  construc- 
tion and  maintenance  of  a  common  outlet  or  channel,  or  of  a  system  of  drains  or 
««wers,  for  the  drainage  of  any  area  in  the  state  of  Missouri,  shall  become  neces- 
sary to  secure  proper  sanitary  conditions  for  the  preservation  of  the  public  health. 
If  such  area  shall  lie  In  part  within  and  in  part  without  the  corporate  limits  of 
any  city  having  a  population  of  300,000  or  more,  said  area  may  be  established 
and  Incorporated  as  a  sanitary  district  under  this  act,  in  the  manner  following, 
lo  wit:  The  mayor  and  assembly  of  the  city,  or  the  county  court  of  the  county, 
within  whose  limits  any  part  of  such  area  may  lie.  or  In  case  the  area  is  situated 
In  part  in  a  city  authorized  to  perform  all  the  functions  of  a  county,  and  part  in  a 
county,  both  the  mayor  and  assembly  and  the  county  court  may  petition  the  circuit 
court  or  courts  having  jurisdiction  for  the  appointment  of  commissioners  as  here- 
inafter provided,  and  to  take  such  further  action  as  may  be  necessary  to  the  sub- 
mission to  the  legal  voters  resident  in  such  area,  of  the  question  whether  such 
area  shall  be  organized  and  incorporated  as  a  sanitary  district  under  this  act.  Such 
petition  or  petitions,  which  may  be  in  the  form  of  an  ordinance  of  the  city  or  order 
of  the  county  court,  shall  set  forth  a  description  in  general  terms  of  the  territory 
lo  be  embraced  In.  and  suggest  a  name  for,  the  proposed  sanitary  district.  ( I^awa 
1905.  p.  62.  sec.  1.) 

•Law*  1905.  p.  62.  80CS.  1-18.  See  Charter  provisions  on  sowers,  etc:  Art  IV.  sees.  34, 
If:  Art.  in.  ace.  2<,  clause  2:  and  particularly  Art.  VI.  hoc.  20-23;  also  notations  thereto 
appqndod. 


202  STATE   LAWS  SPECIALLY  APPLICABLE  TO   ST.   LOUIS.  [CHAP.  28. 

Sec.  53  6.  Commissions — reports^-elections.^The  circuit  court  or  courts  so 
petitioned  are  hereby  auttiorized  to  appoint  three  disinterested  persons,  one  of 
whom  shall  be  a  civil  engineer  or  surveyor,  as  commissioners  to  lay  out  and  define 
the  boundaries  of  the  proposed  sanitary  district.  Said  commissioners  may  alter  or 
amend  the  boundaries  of  the  proposed  district,  as  set  forth  in  the  petition  or  peti- 
tions, so  that  it  may  embrace  all  of  the  area  capable  of  being  efficiently  drained  by 
the  common  outlet  or  channel,  or  by  the  system  of  sewers  or  drains,  or  so  as  to 
exclude  from  the  sanitary  district  any  part  of  the  natural  drainage  area  which  is  so 
situated  as  not  to  be  benefited  by  the  proposed  sanitary  drainage,  and  for  this 
purpose  they  shall  have  power  to  have  made  all  surveys  and  maps  necessary  to 
locate  and  describe  the  said  boundaries.  Said  commissioners  shall  qualify  by  tak- 
ing oath  to  faithfully  and  impartially  perform  their  duties,  and  when  so  qualified 
shall  give  notice  by  publication  at  least  five  times,  in  one  or  more  newspapers  hav- 
ing a  general  circulation  in  the  proposed  district,  of  the  time  and  place  where  they 
will  meet  to  consider  and  establish  said  boundaries.  Said  notice  shall  be  given 
at  least  twenty  days  prior  to  the  meeting,  and  the  meeting  place  shall  be  in  the 
courthouse  of  the  county,  or  city  hall  of  the  city.  At  the  meeting  the  commissioner 
first  named  in  the  order  of  appointment  shall  preside,  and  all  persons  residing  or 
owning  real  property  in  such  proposed  district,  or  ad,iacent  thereto,  shall  have  the 
right  to  be  heard  as  to  the  location  of  the  boundaries  of  such  proposed  district; 
and  the  commissioners  or  a  majority  of  them  after  such  hearing  shall  fix  and  deter- 
mine the  boundaries  of  the  proposed  district.  The  commissioners  may  adjourn 
from  day  to  day  until  the  hearing  shall  be  complete,  and  for  their  services  shall 
receive  $10  per  day  each,  tor  each  day  of  actual  service.  They  may  employ  a 
competent  person  as  stenographer  and  clerk,  whose  compensation  shall  be  $5  per 
day.  The  commissioners  shall  make  their  report,  accompanied  by  a  map  or  plan 
showing  the  boundaries  of  the  proposed  district,  in  relation  to  the  property  lines 
intersected  or  followed  by  them,  also  in  relation  to  city  or  county  boundaries,  to 
the  court  or  courts  by  which  they  were  appointed.  Said  report  and  map,  if  ap- 
proved by  the  court  or  courts,  shall  then  be  filed  in  the  office  of  the  recorder  of 
deeds  for  the  county  or  counties,  or  city,  in  which  the  proposed  district  is  situated, 
and  copies  of  the  map  with  the  mayor  of  the  city  and  with  the  county  court  of  the 
respective  county  or  counties.  It  shall  then  be  the  duty  of  said  mayor  and  county 
court  or  courts  to  submit  to  the  legal  voters  of  the  proposed  district  the  question 
of  the  organization  and  incorporation  of  the  proposed  sanitary  district,  with  boun- 
daries as  determined  by  the  said  commissioners  and  approved  by  the  said  court  or 
courts,  at  an  election  to  be  held  on  the  first  Tuesday  after  the  first  Monday  in  No- 
vember thence  next  ensuing:  notice  whereof  shall  be  given  as  required  by  the  stat- 
utes of  the  state  of  Missouri  regarding  the  election  of  county  officers.  Polls  shall 
"be  opened,  so  far  as  practicable,  at  or  near  the  usual  polling  places  at  general  elec- 
tions. Votes  shall  be  received  and  counted  by  three  persons  at  each  polling  place, 
chosen  from  their  number  by  the  lawfully  qualified  electors  resident  in  the  proposed 
district,  not  less  than  nine  in  number  present  at  any  poll.  The  returns  of  the 
vote,  certified  to  under  oath  by  those  who  receive  and  count  the  vote,  shall  be 
made  to  the  secretary  of  state  of  the  state  of  Missouri,  who  shall  ascertain  and 
declare  the  result.  Each  legal  voter  resident  within  such  proposed  sanitary  dis- 
trict shall  have  a  right  to  cast  a  ballot  at  such  election,  with  the  words  thereon: 
"For  sanitary  district,"  or  "Against  sanitary  district."  If  a  majority  of  the  votes 
cast  shall  be  "For  sanitary  district,"  such  proposed  district  shall  thenceforth  be 
deemed  an  organized  sanitary  district  under  this  act.  When  the  board  of  trustees 
hereinafter  provided  for  shall  be  appointed  and  organized,  such  sanitary  district 
shall  be  considered  in  law  and  equity  a  body  corporate  and  politic,  known  by  the 

name  and  style  of   "The  sanitary  district  of  ,"   and  by  such   name  and 

style  may  sue  and  be  sued,  contract  and  be  contracted  with,  acquire  and  hold  real 
estate  and  personal  property  necessary  for  corporate  purposes,  and  adopt  a  com- 
mon seal.  All  courts  in  this  state  shall  take  judicial  notice  of  the  existence  of  all 
sanitary  districts  organized  under  this  act.  If  the  proposition  to  establish  the  san- 
itary district  is  carried,  the  cost  of  all  preliminary  proceedings  shall  be  borne  by 
the  district;  if  it  is  defeated,  all  costs  of  court,  of  commissioners  and  of  the  elec- 
tion shall  be  borne  by  the  city  and  county,  if  of  independent  jurisdiction — each  be- 
ing liable  for  all  expenses  in  regard  to  proceedings  under  its  petitions.  If  its  juris- 
diction is  single,  the  county  court  shall  pay  for  all  said  expenses.  When  a  natural 
drainage  area  includes  territory  lying  in  part  in  a  county  and  in  part  in  a  city 
exercising  the  functions  of  a  county,  or  in  two  or  more  counties,  then  the  pro- 
ceedings hereinbefore  prescribed  shall  state  that  the  proposition  is  to  unite  the 
parts  so  situated  in  independent  jurisdictions  into  a  single  sanitary  district;  and 
if  the  proposition  is  carried  by  a  majority  vote  in  each  of  the  parts,  then  the  dis- 
trict shall  be  united  and  organized  as  described  in  said  proceedings,  and  the  cir- 
cuit court   having   jurisdiction   over  the   major  part   of   the  area   included   in   the 


ClIAl'.   28.)  STATK   LAWS  SPECIALLY    Ari'LICABLK   TO  ST.    LOUIS.  2a'i 

district  so  orKanlzetl,  shall  have  and  is  directed  to  exercise  jurisdiction  in  all  cases 
or  questions  arising  out  of  the  organization  of  the  district,  or  from  the  acts  of  the 
board  of  trustees  thereof.     (lb.,  p.  G3,  sec.  2.) 

Sec.  53  7.  Trustees — term,  etc. — The  board  of  trustees  for  the  sanitary  dis- 
trict shall  be  constituted  as  follows:  The  county  court  shall  appoint  one;  the 
mayor  of  the  city,  with  the  approval  of  the  higher  branch  of  the  legislative  de- 
partment of  the  city  government,  shall  appoint  one;  and  the  court  having  juris- 
diction over  the  whole  or  major  part  of  the  territory  embraced  in  the  district,  as 
shown  by  the  map  thereof,  shall  appoint  one.  who  shall  bo  a  civil  engineer  of  good 
repute  in  his  profession,  and  a  recognized  expert  in  matters  of  drainage.  The  ap- 
pointee of  the  circuit  court  shall  be  the  president  of  the  board,  and  its  executive 
officer.  For  their  services  the  trustees  shall  receive  salaries  proportioned  to  the 
actual  services  rendered  the  district:  the  amount  of  salaries  in  each  case  shall  be 
fixed  on  a  per  diem  basis  by  the  circuit  court  which  ai)points  the  third  member,  as 
before  provided.  If  more  than  one  sanitary  district  be  organized  with  territory 
common  to  the  same  city  and  county  or  counties,  the  same  persons  may  be  ap- 
lioiuied  as  trustees  for  any  or  all  such  districts.  The  official  or  court  appointing 
the  trustees  shall  have  the  power  to  appoint  a  successor  when  any  vacancy  occurs 
by  reason  of  death,  resignation,  or  removal  from  office  or  expiration  of  term.  He 
or  it  may  also  remove  such  appointee  for  cause.  The  term  of  office  of  the  first 
appointee  of  the  circuit  court  shall  be  three  years;  that  of  the  county  court  two 
years,  and  that  of  the  mayor  one  year.  Subsequent  terms  shall  all  be  for  three 
years,  always  subject  to  the  condition  that  the  board  of  trustees  may  be  abolished. 
as  hereinafter  provided.  The  board  of  trustees  shall  have  power  to  elect  a  clerk, 
chief  engineer  and  attorney,  and  to  employ  from  time  to  time  such  other  i)ersons 
as  may  be  necessary,  and  to  remove  and  discharge  them  at  its  pleasure:  to  fix  the 
compensation  of  such  appointees  or  employes,  and  to  require  them  to  give  bond 
for  the  faithful  performance  of  their  duties:  Provided,  that  no  salary  so  paid, 
calculated  on  per  diem  basis,  shall  exceed  the  per  diem  allowed  the  president  of  the 
board.     (lb.,  sec.  3.) 

Sec.  53 S.  Siinif — powers  of  board. — Said  board  of  trustees  shall  have  power 
to  pass  all  necessary  rules  and  regulations  for  the  proper  management  and  conduct 
of  the  business  of  said  board  of  trustees,  and  of  said  corporation,  and  for  the 
carrying  Into  effect  the  objects  for  which  such  sanitary  district  is  formed.  (lb., 
p.  65,  sec.  4.) 

Sec.  63  9.  >IcHns  to  carry  act  into  cITect. — To  provide  means  to  carry  into 
effect  the  objects  for  which  such  sanitary  district  is  formed,  the  lawful  avithorilies 
Id  the  city,  and  the  county  court  in  counties,  in  which  sanitary  districts  may 
wholly  or  in  part  be  situated,  shall  levy  and  assess  upon  all  the  lands  lying  within 
such  sanitary  district,  exclusive  of  streets,  roads  and  alleys  duly  opened  to  public 
use.  a  uniform  special  drainage  tax.  to  be  fixed  by  requisition  and  certified  by  ordi- 
nance of  the  board  of  trustees  of  such  sanitary  district.  And  the  mayor  and  as- 
sembly of  said  city  are  hereby  authorized  and  required  to  levy  such  special  tax.  in 
addition  to  the  amount  they  may  be  authorized  to  levy  for  general  municipal  pur- 
poses by  the  charter  of  said  city.  And  the  county  court  or  courts  is  hereby  author- 
Ixed  and  required  to  levy  such  special  tax.  in  addition  to  the  amount  it  may  be 
authorized  to  levy  for  general  county  purpose.  The  amount  of  such  special  tax 
in  any  year  shall  not  exceed  one-half  of  one  per  cent  on  the  assessed  and  equalized 
valuation  of  such  lands  for  that  year.  No  lands,  other  than  streets,  roads  and  al- 
leys shall  be  exempt  from  said  special  tax.  and  if  not  valued  and  assessed  for  other 
purposes,  shall  be  valued  and  assessed  for  this.  Such  special  tax  shall  be  collected 
and  enforced  by  the  same  officers  and  in  the  same  manner  as  provided  for  state 
and  county  taxes.  The  amounts  collected  shall  be  paid  Into  the  treasury  of  the 
rlty  and  of  the  county  or  counties  in  which  the  collections  are  made,  and  be  cred- 
ited  to   a    special    fund,    called    "The    drainage    fund    of    the    sanitary   district    of 

."    and    shall    be    used    for   no   other   purpose   than    for   the    payment   of 

Touchers,  drawn  under  the  authority  vested  In  the  board  of  trustees  for  the  sani- 
tary district,  as  hereinafter  specified. 

Sec.  539a.      Vouchers. — The  board  of  trustees  of  sanitary  districts  shall  have 

|the  power  to  Issue  vouchers  payable  by  the  treasurer  of  the  city  or  of  the  county 

In  which  such  sanitary  district  is  wholly  or  In  part  situated,  out  of  any  funds  In 

such  treasurer's  hands  to  the  credit  of  the  special  fund  of  the  sanitary  district  for 

the  following  named  purposes,  to  wit:     For  the  preliminary  expenses  incurred  in 

organizing  the  district:  for  salaries  and  current  expenses  of  the  board,  and  salaries 

of  Its  employes;   for  making  surveys,  plans  and  superintendence  of  work:    for  the 

of  judgments  for  damages  and  costs,  or  the  agreed  price  for  right  of  way 

nients;   for  payment  of  principal  and  Interest  of  lawfully  Incurred  indebt- 

•i"'.-.--,  and   for  work   done  or  materials   furnished   for  the  construction   or  maln- 

leokDce  of  channels,  drains  or  sewers.      (  lb.,  sec.  5.) 

Sec.  540.  Hoard  to  make  sunejs  and  dellne  areas. — It  shall  be  the  duty  of 
lh«  board  of  trustees  to  make  the  necessary  surveys,  and  to  map  out  and  define  the 


204  STATE   LAWS  SPECIALLV  APPLICABLE  TO   ST.   LOUIS.  [CHAP.  28. 

several  natural  drainage  areas  in  the  district,  and  to  lay  out  a  general  plan  tor  the 
drainage  thereof;  besides  the  main  outlet  or  outlets,  the  plan  shall  embrace 
branches  or  sub-mains,  necessary  for  a  complete  system  of  principal  drains  for  the 
entire  district.  Branch  or  sub-mains  to  be  paid  for  out  of  the  general  revenue  of 
the  district,  shall  not  be  extended  beyond  the  point  at  which  they  will  receive  the 
drainage  of  an  area  of  less  than  80  0  acres.  Outlets  and  the  larger  branches  or 
sub-mains  may  be  open  channels,  whose  general  course  shall  be  followed  by  inter- 
cepting sewers,  to  collect  and  convey  sewage  or  polluted  drainage.  The  board 
shall  also  subdivide  the  district  into  convenient  sub-districts,  not  larger  than  1,000 
acres  in  extent,  within  which  the  sewers  or  drains  necessary  to  complete  the  drain- 
age shall  be  constructed  at  the  expense  of  the  sub-district,  as  hereinafter  pro- 
vided. When  such  plans  are  complete  for  a  definite  district  or  sub-district,  the 
board  of  trustees  shall  adopt  them  by  ordinance,  and  such  ordinance  when  pub- 
lished in  one  or  more  newspapers  having  general  circulation  in  the  sanitary  dis- 
trict, shall  be  binding  upon  all  persons,  corporations  and  municipalities;  and  noth- 
ing shall  be  done  affecting  the  drainage  of  any  part  of  the  district  (other  than 
ordinary  farm  or  agricultural  drains)  by  any  person,  corporation  or  municipality 
inconsistent  with  such  plans  or  without  the  permission  of  said  board  of  trustees, 
(lb.,  sec.  7.) 

Sec.  5  41.  Condcinnation  of  private  property. — If,  in  the  judgment  of  the 
board  of  trustees,  it  is  necessary  to  acquire  rights  of  way  or  easements  for  drain- 
age purposes,  through  private  property,  it  shall,  by  ordinance  duly  certified,  call 
upon  the  authority  of  the  city  or  county  having  the  right  to  cause  the  condemna- 
tion of  private  property  for  public  use,  to  procure  such  rights  of  way  or  easement 
by  due  process  of  law;  or  said  board  may  obtain  the  same  by  purchase,  gift  or 
otherwise.  All  costs  of  proceedings  and  damages  allowed  shall  be  paid  out  of  the 
special  drainage  fund  in  the  treasury  of  the  city  or  county  in  which  the  property 
taken  is  situated.  The  board  of  trustees  of  such  drainage  district,  if  it  be  neces- 
sary to  cross,  follow  or  traverse  public  streets,  roads  or  alleys,  or  grounds  held  or 
used  as  public  parks  or  places,  shall  have  the  right  to  do  so  upon  the  following 
conditions:  The  board  of  trustees  shall  file  with  the  county  court  or  mayor  of  the 
city  having  immediate  jurisdiction  over  the  street,  road,  alley  or  public  park  or 
place,  a  map  showing  the  location  and  extent  of  the  proposed  occupancy  for  drain- 
age purposes  and  a  plan  of  the  proposed  works,  which  plan  shall  be  so  made  and 
arranged  as  not  to  interfere  with  the  ordinary  and  lawful  use  of  said  street,  road, 
alley,  public  park  or  place,  except  during  a  reasonable  time  for  the  construction  of 
the  necessary  works — said  map  and  plan  to  be  subject  to  approval  by  the  county 
court  or  mayor  of  the  city.  The  entire  expense  of  the  works  and  restoration  ot 
the  ground  occupied  to  its  former  condition,  as  near  as  may  be,  shall  be  borne  by 
the  sanitary  district.      (lb.,  p.  66,  sec.  S.) 

Sec.  5  4  2.  Bonds. — If,  in  the  judgment  of  the  board  of  trustees,  the  con- 
struction of  the  whole  or  any  part  of  the  general  plan  adopted  is  an  urgent  sanitary 
measure,  and  the  means  provided  under  section  4  of  this  act  are  insufficient  to  do 
the  work  as  rapidly  as  may,  in  the  judgment  of  said  board,  be  necessary,  the  said 
board  may  apply  to  the  court  or  courts  having  jurisdiction  for  an  order  of  said 
court  or  courts,  authorizing  the  issue  of  bonds  for  the  purpose  of  anticipating  the 
revenue  of  the  sanitary  district.  The  application  shall  state  the  purpose,  amount 
and  all  conditions  of  the  proposed  issue  of  bonds.  Said  court  shall  have  the  power, 
in  its  discretion,  to  authorize  the  issue  of  such  bonds,  provided  that  the  total 
amount  outstanding  shall,  at  no  time,  exceed  the  anticipated  revenue  of  the  sani- 
tary district  for  the  ten  years  next  ensuing,  computed  on  the  basis  of  a  levy  of  one- 
half  of  one  per  cent  annually,  upon  the  valuation  for  the  year  in  which  the  author- 
ity for  issue  is  given.  Bonds  issued  under  the  authority  of  this  act  shall  not  run 
for  a  term  exceeding  twenty  years,  nor  bear  a  higher  rate  of  interest  than  six  per 
cent  per  annum.  When  bonds  are  so  issued  and  sold,  the  special  fund  before  de- 
scribed, arising  from  tax  collections,  shall  each  year  first  be  charged  with  the  in- 
terest falling  due  that  year,  and  with  a  proportion  of  the  total  amount  of  outstand- 
ing bonds,  ascertained  by  dividing  said  total  amount  by  the  number  of  years  the 
bonds  have  to  run,  and  the  amount  so  ascertained  shall  be  set  apart  as  a  sinking 
fund  to  provide  for  the  payment  of  interest,  and  for  the  payment  or  purchase  of 
said  bonds.  The  bonds  issued  under  the  authority  of  this  act  shall  have  a  copy  of 
this  section  and  of  the  order  of  the  court  printed  on  their  back,  and  shall  be  regis- 
tered in  the  office  of  the  secretary  of  state  of  the  state  of  Missouri.  The  sinking 
fund  above  provided  for  shall  each  year  be  paid  into  the  treasury  of  the  state,  and 
payments  therefrom  for  interest  and  principal  shall  be  made  as  provided  in  the 
case  of  bonds  payable  by  the  state  of  Missouri.  The  proceeds  of  bonds  issued  under 
the  authority  of  this  act  shall  be  deposited  with  the  treasurer  of  the  city,  and 
shall  be  a  special  fund,  and  be  used  for  no  purpose  except  the  payment  of  vouch- 
ers for  work  done  or  materials  furnished  for  the  construction  of  channels,  drains 


CHAP  28]  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.   LOUIS.  205 

aud  sewers.  In  case  ot  appeal  from  the  action  of  the  court  applied  to  as  above 
provided,  the  appeal  shall  be  heard  and  determined  as  a  privileged  case  by  the 
supreme  court  of  the  state  of  Missouri,     (lb.,  sec.  9.) 

Sec.  543.  Contracts." — Tne  board  of  trustees  for  the  sanitary  district  shall 
let  contracts  for  ail  work  to  be  done,  excepting  in  case  of  repairs  or  emergencies 
requiring  prompt  attention,  in  the  construction  of  channels,  drains  or  sewers,  un- 
der the  authority  of  this  act,  the  expense  of  which  will  exceed  five  hundred  dollars, 
to  the  lowest  responsible  bidder  therefor,  upon  not  less  than  twenty  days'  notice 
of  said  letting,  giving  by  publication  in  a  uews|)a[ier  of  general  circulation  in  the 
district,  and  in  the  discretion  of  the  said  board,  in  one  or  more  newspapers  of  gen- 
eral circulation  among  contractors.  The  said  board  shall  have  the  power  and 
authority  to  reject  any  and  all  bids,  and  readvertise  the  w-ork.  The  board  ot 
trustees  shall  also  have  the  power  to  enter  into  agreements  with  persons,  firms  or 
corporations  of  known  staudiug  and  competence  for  the  execution  aud  prepara- 
lln  of  the  surveys,  maps  and  plans  needed  and  required  by  the  said  board,  and 
also  for  the  laying  out  and  superintendence  of  work  to  be  constructed  \inder  the 
authority  of  this  act;  but  no  single  agreement  so  made  shall  cover  more  than  one 
piece  or  class  of  work,      (lb.,  sec.  10.) 

Sec.  544.  City  aiitliurilie.s  (o  con.strnct  sewers  mid  drains,  wlien. — The  law- 
ful authorities  of  any  city  or  incor|)orated  town  or  village,  the  county  court  of  any 
county,  individual  owners  or  associations  of  such  owners,  shall  have  the  right  to 
construct  sewers  or  drains  in  sanitary  districts,  organized  under  this  act,  at  their 
own  expense,  but  plans  for  such  sewers  and  drains  must  conform  to  the  plans 
adopted  by  the  board  of  trustees,  and  all  such  plans  must  be  submitted  to  and  be 
approved  by  said  board  of  trustees  before  any  construction  work  is  done  thereon. 

Sec.  545.  Siiecittl  ta.ves — pa.mient. — When  sewers  are  needed  for  the  com- 
plete or  sanitary  drainage  of  a  sub-district,  being  a  part  of  a  sanitary  district  not 
exceeding  1,000  acres  in  area,  such  sewers  may  be  built  by  the  board  of  trustees 
created  under  this  act.  if  parts  of  the  sub-district  so  to  be  drained  bo  situated 
lu  different  and  independent  jurisdiction:  but.  if  such  sub-district  lie  wholly 
within  the  limits  of  a  single  jurisdiction,  then  the  powers  conferred  by  this  section 
shall  be  vested  in  and  exercised  by  that  jurisdiction.  The  board  ot  trustees  herein 
created,  in  the  case  described  above,  otherwise  the  city,  incorporated  town  or  vil- 
lage, or  county  court,  having  jurisdiction  over  the  sub-district,  shall  have  the 
power,  when  petitioned  so  to  do  by  a  majority  of  the  resident  tax-payers  within 
the  sub-district  described  in  the  petition,  or  upon  a  recommendation  of  a  lawfully 
organized  board  of  health,  that  the  complete  or  sanitary  drainage  of  a  certain  de- 
scribed area  in  a  sub-district  is  needed  as  a  sanitary  measure,  to  provide  for  the 
construction  of  a  complete  system  of  sewers  in  such  sub-district  or  convenient 
part  thereof,  and  to  assess  the  cost  of  such  sewers  upon  the  property  drained 
thereby  as  a  special  tax;  said  special  tax  shall  be  uniform  in  the  proportion  that 
the  area  of  each  lot  or  parcel  of  ground,  taken  to  a  distance  not  exceeding  200 
feet  from  the  center  line  of  the  sewer,  bears  to  the  whole  area  drained  by  the 
sewers  for  which  assessment  is  made.  Special  tax-bills  shall  be  issued  against 
each  lot  or  parcel  of  ground  drained  or  drainable  by  the  sewer,  or  the  portion  ot 
such  lot  or  parcel  lying  within  200  feet  of  the  center  line  of  such  sewer  or  sewers. 
Such  special  tax-bills  shall  be  a  lien  upon  the  property  charged  therewith,  as  is 
provided  for  other  special  tax-bills  authorized  by  the  statutes  of  the  state  ot  Missouri; 
but  if  any  owner  of  any  lot  or  parcel  of  ground  assessable  hereunder  shall,  within 
twenty  days  after  the  passage  of  the  ordinance  or  order  for  the  construction  ot  such 
sewers,  make  written  request  that  he  be  allowed  to  |)ay  the  sjjecial  tax  thereon  by  in- 
stallments, said  special  tax-bills  against  the  property  described  in  his  reqtiest  shall  be 
divided,  and  portions  made  payaule  at  certain  dates  and  in  amounts  named;  but  the 
time  of  payment  shall  not  extend  beyond  five  years,  nor  the  number  of  installments 
to  more  than  five.  Each  installment  shall  bear  Interest  at  the  rate  of  r>  per  cent  per 
annum  from  date  of  issue  ot  the  special  tax-bill  until  due.  and  if  not  jiaid  when 
due  the  rate  of  Interest  shall  thereafter  be  10  per  cent  per  annum.  If  any  install- 
ment remain  unpaid  for  six  months  after  it  become  due,  then  all  unpaid  install- 
ments shall  be  deemed  to  have  become  due  with  it,  and  the  Hen  upon  the  property 
may  be  enforced  for  the  whole  amount  unpaid  together  with  interest  thereon. 
Said  special  tax-bills  shall  be  Issued  by  the  board  of  trustees  and  authenticated  by 
the  seal  of  said  board  or  by  the  authorities  of  the  city,  in  the  manner  other  special 
tax-bills  are  issued  by  said  city.  If  the  sewers  be  built  by  the  board  of  trustees, 
or  a  county  court,  the  cost  of  engineering  and  superintendence  shall  be  added  to 
thf  cost  of  construction.  In  ascertaining  the  amount  to  be  assessed  against  the 
property  drained:  but  the  cost  of  engineering  and  superintendence  shall  not  ex- 
ceed 10  per  cent  of  the  cost  of  construction,  as  finally  estimated.  If  the  sewers  be 
built  by  the  city,  incorporated  town  or  village,  the  cost  of  engineering  and  super- 
intendence shall  be  borne  by  such  city,  incorporated  town  or  village.  The  special 
tax-bills  shall  be  Issued  to  the  contractors,  or  to  persons  rendering  service  or  fur- 
nishing materials  in  a  sub-district,   under  contract  or  agreement   with   the   board 


206  STATE   LAWS  SPECIALLY   APPLICABLE  TO   ST.   LOUIS.     [CHAP.   28-29. 

of  trustees,  or  the  competent  authorities  of  the  city,  incorporated  town  or  village, 
or  county  court,  in  full  settlement  for  all  sums  that  may  be  due,  arising  from  such 
contracts  or  agreements;  but  no  claims  shall  be  entertained  or  allowed  for  pay- 
ment in  any  other  way  than  by  the  issue  of  and  delivery  of  such  special  tax-bills 
(lb.,  p.  67,  sec.  12.) 

Sec.  54  6.  Acceptance  of  private  sewers  already  constructed. — The  board  of 
trustees  created  by  this  act,  or  the  authorities  of  the  city,  town  or  village,  or  the 
county  court,  shall  have  the  power  to  accept  from  private  persons  or  corporations 
any  sewers  or  drains  constructed  by  them  before  or  after  the  organization  of  the 
sanitary  district,  and  to  allow  an  equitable  credit  for  such  sewers  or  drains;  or  to 
acquire  the  same  by  process  of  law  if  needed:  Provided,  that  the  sewers  or  drains 
accepted,  in  plans,  materials  and  construction,  conform  to  the  plans  adopted  and 
approved  by  the  board  for  similar  work  done  by  said  board;  and  provided,  in  the 
case  of  acceptance,  that  the  amount  allowed  shall  not  exceed  the  amount  assessa- 
ble as  a  special  tax  against  the  property  drained  thereby,  under  the  preceding  sec- 
tion of  this  act.  The  title  to  or  ownership  of  such  sewers  or  drains  shall  be  con- 
sidered as  attaching  to  all  lauds  actually  drained  thereby  in  proportion  to  the 
areas  of  such  lands,  and  the  credit  sliall  be  allowed  to  the  owners  of  record.  (lb., 
sec.   13.) 

Sec.  547.  Dissolution  of  board. — When  the  object  for  which  a  sanitary  dis- 
trict was  organized  is  accomplished  by  the  completion  of  the  main  channel,  drains 
or  sewers,  contemplated  and  adopted  in  the  general  plan,  and  when  the  areas  of 
divided  jurisdiction  are  drained  or  otherwise  provided  for  (which  facts  the  circuit 
court  for  the  district  in  which  the  whole  or  the  major  part  of  the  territory  em- 
braced in  the  district  shall  determine),  then  the  board  of  trustees  of  such  sanitary 
district  shall  cease  to  exist  at  the  expiration  of  sixty  days  after  the  date  of  the 
decree  of  court  expressing  such  determination.  But  provision  shall  be  made  for 
the  fulfillment  of  all  contracts  and  obligations  which  have  been  made  by  said  board 
of  trustees,  the  responsibility  therefor  being  assumed  by  the  city  or  county  directly 
interested.  Provision  shall  also  be  made  for  the  prompt  payment  of  all  outstand- 
ing bonds  of  the  sanitary  district.     (lb.,  p.  69,  sec.  14.) 

Sec.  548.  Certain  officers  to  assist  in  making  act  effective. — It  is  hereby 
made  the  duty  of  the  secretary  oi  state,  the  mayors  of  cities,  the  circuit  court,  the 
county  court  of  counties,  and  all  assessors,  sheriffs,  collectors,  treasurers  and  other 
officials  in  the  state  of  Missouri,  to  do  and  perform  all  the  acts  and  to  render  all 
the  services  necessary  to  carry  out  the  purposes  of  this  act,  and  for  such  services 
they  shall  receive  the  fees,  or  other  compensation  allowed  by  law  for  similar 
services  rendered  to  cities,  counties,  or  the  state.      (lb.,  sec.  15.) 

Sec.  549.  How  this  act  construed. — Nothing  in  this  act  contained  shall  be  so 
construed  as  to  constitute  a  contract  or  grant  between  the  state  of  Missouri  and 
any  sanitary  district  formed  under  its  provisions,  or  to  prevent,  debar  or  deprive 
the  state  of  Missouri  from,  at  any  time  in  the  future,  altering,  amending  or  repeal- 
ing this  act,  or  imposing  any  conditions,  restrictions  or  requirements  other,  differ- 
ent or  additional  to  any  herein  contained,  upon  any  sanitary  district  formed  here- 
under,     (lb.,  sec.   16.) 


CHAPTER  TWENTY-NINE. 

SHERIFF  AND   CORONER.' 

Sec.  550.  Duty  of  sheriff  of  city  of  St.  Louis. — The  sheriff  of  the  city  of  St. 
Louis  shall  do  and  perform  all  acts  and  duties  prescribed  by  general  and  special 
laws  applicable  to  the  sheriff  of  St.  Louis  county,  which  were  in  force  at  the  time 
of  the  adoption  of  the  scheme  and  charter,  except  in  such  cases  as  are  inconsistent 
with  some  provisions  of  said  scheme  and  charter.  (Laws  1877,  p.  188,  sec.  1. 
R.  S.   1899,  p.  2548.) 

Sec.  551.  Bond,  by  whom  approved. — The  official  bond  of  said  sheriff  shall 
be  in  such  sum  as  is  prescribed  by  law,  and  shall  be  approved  by  the  St.  Louis 
circuit  court.      (Laws  1S77,  p.  188,  sec.  2.    R.  S.   1899,  p.  2548.) 

Sec.  552.  To  execute  process  of  what  courts. — All  process  of  the  circuit 
court  in  said  city  of  St.  Louis,  the  St.  Louis  criminal  court,  the  St.  Louis  court  of 
criminal  correction,  and  the  probate  court  of  the  city  of  St.  Louis,  shall  be  directed 
to  and  executed  by  the  sheriff  of  said  city.  (Laws  1879,  p.  40,  sec.  1.  R.  S.,  p. 
2548—//.) 


•See  Scheme,  sees.   3.  5.  18.  30.  33;  Charter  Art.  IV,  sec.   14. 

(/;)  Slieriff  disqualified  from  summoning  jurors  in  criminal  case  where  he  is  a 
witness  for  the  prosecution,  and  this  is  true  of  a  cause  in  the  St.  Louis  Court  of  Crim- 
inal Correction:     State  v.  Powers,  136  Mo.  194. 

The  above  act.  1879.  p.  40  (sees.  552  to  561  hereof)  is  constitutional:  Kenefick  vs. 
St.  Louis.  127  Mo.  1. 


fllAP.  aS.I  STATU   LAWS  SPECIAI.I.Y   APPLICABLK  TO  ST.    LOUIS.  207 

Sec.  553.  T<>  iitiiml  upon  uliat  cuurts. — It  shall  be  the  duty  of  the  sheriff 
of  the  city  of  St.  Louis  to  attend  said  courts,  and  do  and  portorm  all  acts  hereto- 
fore enjoined  upon  and  required  by  law  to  be  performed  by  the  marshal  of  St. 
L«uis  county,  and  now  devolved  \ipon  the  marshal  of  the  city  of  St.  I..ouis.  (Laws 
1879.  p.  40.  sec.  2.    R.  S.   1899.  p.  2518.) 

Sec.  554.  Fees  of  sherilT. — The  sheriff  of  the  city  ol  St.  Louis,  for  bis 
gervlces.  shall  be  allowed  the  same  fees  in  the  St.  Louis  criminal  court,  the  St. 
Louis  court  of  criminal  correction  and  the  probate  court  of  the  city  of  St.  Louis, 
as  were  heretofore  allowed  the  marshal  of  St.  Louis  county  for  like  services,  to  be 
taxed  and  collected  as  other  costs  in  criminal  and  civil  cases.  (Laws  1879.  p.  40, 
see.  3.   R.  S.  1899,  p.  254S— i.) 

Sec.  555.  General  duties  of  .sherilV  and  coroner. — All  general  laws  relating 
and  applicable  to  the  sheriffs  and  coroners  of  the  several  counties  of  this  state 
shall  apply  to  the  same  officers  in  the  city  of  St.  Louis,  and  all  special  laws  appli- 
cable to  the  sheriff,  marshal  or  coroner  of  St.  Louis  county,  as  organized  before 
the  separation  of  the  city  and  county  of  St.  Louis,  by  the  adoption  of  the  scheme  of 
separation,  shall  still  api)ly  to  the  sheriff  or  coroner  in  the  city  of  St.  Louis,  and  all 
acts  and  parts  of  acts  providing  for  any  legal  process  to  be  directed  by  any  sheriff 
or  coroner  of  any  county  or  the  marshal  of  St.  Louis  county,  shall  be  so  construed 
as  to  mean  the  sheriff  or  coroner  of  the  city  of  St.  Louis,  as  if  such  officer  wore 
specifically  named  in  such  act.     (Laws  1879.  p.  39.  sec.  1.    R.  S.  1899,  p.  2548.) 

Sec.  55t>.  Shei-iir  to  keep  lu-count  of  all  fe«'S  received. — The  sheriff  of  the 
city  of  St.  Louis  shall  keep  full,  complete,  itemized  accounts  of  all  fees,  commis- 
sions and  emoluments  accruing  to  him  by  virtue  of  his  office,  and  of  all  expenses. 
Including  the  pav  of  his  dei)uties.  incurred  by  him  in  the  discharge  of  the  duties 
of  his  office.     (Laws  1S79.  p.  98,  sec.  1.   R.  S.  1899.  p.  2548—;.) 

Sec.  557.  Shall  file  statement  with  circuit  clerk. — Said  sheriff  shall,  within 
ten  days  next  after  the  end  of  each  six  months  of  his  term  of  office,  make  and  file 
in  the  office  of  the  clerk  of  the  circuit  court  of  St.  Louis  city,  an  itemized  state- 
ment, verified  by  oath,  of  all  such  fees,  commissions,  emoluments  aud  expenses  of 
Dts  office  for  such  period  of  six  months;  and  such  clerk  shall  note  the  filing  of 
such  statement  upon  the  docket  of  the  court  in  general  term;  and  the  court  in 
general  term  shall,  without  delay,  proceed  to  examine  and  settle  with  such  sheriff 
bis  accounts  of  the  fees,  commissions,  emoluments  and  expenses  of  his  office,  and. 
in  such  settlement,  shall  carefully  inquire  into  and  charge  such  sheriff  with  all  the 
fees,  commissions  and  emoluments  of  his  office  for  such  period,  and.  in  like  man- 
ner, inquire  Into  the  expenses  of  such  office  for  such  period,  and  disallow  all  such 
expenses  as  the  court  may  find  have  been  improperly  incurred,  and  in  such  exam- 
ination the  court  may  compel  the  attendance  of  and  examine  witnesses,  and  compel 
the  production  of  books  and  papers,  as  occasion  may  require;  and  such  settlements, 
when  made,  shall  be  conclusive  of  the  amounts  of  such  fees,  commissions  and  eniol- 
uments.  and  of  the  expenses  of  such  office.  (Laws  1S79.  p.  98.  sec.  2.  R.  S.  1899, 
pi  2649— It.) 

Sec,  558.  .\niount  of  fees  retained — remainder  to  be  paid  to  treasurer. — 
Such  sheriff,  out  of  the  fees,  compensation  and  emoluments  of  his  office,  may  for 
each  year  of  his  term  of  office,  receive  and  retain  the  sum  of  ten  thousand  dollars. 
o»er  and  above  all  such  expenses  as  shall  be  allowed  to  him  in  his  settlements 
nhoTe  provided  for;  and  all  fees,  compensation  and  emoluments  which  shall  be 
ilected  by  any  sherltt  or  by  his  successor  for  him,  In  excess  of  the  amount  which 


I  (i)     Tho   Sheriff   1«  entiled   to   $1.25   per  day   under   the   statute   for   safe-keeping:  a 

r»r«on    "urnlerKoInK   an    examination    preparatory    to    his    commitment."    where    held    for 

rr-  than  a  day.  nor  does  he  lose  such   fee  where  stieh  person  is  kept   In  the  calaboose 

-nished  by  the  city  authorities,  f^uarded  by  the  city  jailer  and  police:      Stale  ex  rel,  vs. 

-u     i-n  M.^    ..-       \\, -h  thp  snerlff  of  St.  Louis  Is  required  to  attend  the  criminal 

il   Correction    In   St.    L,ouls.   yet  os  no   statute   provides   for  a 
<  fees  are  strictly  construed,  he  Is  not  entitled  to  any  coni- 
...  i.,,..i..ii   1,,    ......       .-i,.i-  .X  rel.  vs.  Brown.  146  Mo.  401. 

]  (i)        The      sherltr      of     St.      Louis      must      render     a      separate      account      of    re- 

'  "^fpts     nn.i     expenditures     for     each  year,     and     the     fees     of    a     particular     year     are 

■  I      for      that      year,      no      multir      when      collected.        HajrlUKlon      vs.      St. 

Mo,    327.      Under    the    constitution    and    act   of    1879.    the    sheriff   of    the    city 

i.H  not  entitled  to  more  than   tlO.OOO  In   the  aK^rcRate  out  of  his  entire  of- 

.:s  of  any    one   year.      State   ex    rel,    v,    Pohlman.   60   Mo.    App,    444;    Kenefick 

127   Mo.    1       If  such  earnlnirs  during;  any  year  are  collerted   In   part   by    the 

■If   and    In    part    by    his   successor,   and    his  own    collertlons   do    not    exhaust 

,*uch  Uiiiit  of  tlO.ono.  he  Is  entitled  to  recover  enough  of  such  collections  by  his  succes- 

|»ori  «o  make  good  the  deficit:    State  ex  rel.  v.  Pohlman.  60  Mo,  App.  444. 

'^  .  .    -   .,  without  rl«tht  of  authority   to  Inquire   Into  the  correctness  of  a 

ff's  necount   hy  the  circuit  court,  which   Is  final  BKnlnst   the  city; 

.his  warrant  for  the  amount  shown;      State  ex  rel,  vs,   Brown.  72 

VI    ,App    •,,!       ,s.  .■   T<.,  as  to  rlKht  of  Ct.  Crim,  Cor,   to  provide  for  proper  sxpendltures: 

jetat*  ax  rel,  vs.  Smith.  S  Mo,  App,  427. 


208  STATE  LAWS  SPECIALLY  APPLICABLE  TO   ST.   LOUIS.  [CHAP.   29. 

such  sheriff  may  so  receive  and  retain,  shall  be  paid  to  the  treasurer  of  the  city  of 
St.  Louis,  for  the  use  of  said  city.  (Laws  1879,  p.  98,  sec.  3.  R.  S.  1899,  p.  2549 
— ?.) 

Sec.  55  9.  Fees,  how  apportioned  in  certain  cases. — If  such  sheriff  fail  to  hold 
his  office  during  the  whole  of  any  year,  he  shall  be  entitled  to  retain  therefor,  such 
part  of  the  sum  of  ten  thousand  dollars  as  shall  bear  to  such  sum  the  same  pro- 
portion as  the  part  of  such  year  during  which  he  shall  hold  such  office  shall  bear 
to  the  entire  year.      (Laws  1879,  p.  98,  sec.  4.    R.  S.  1899,  p.  2549.) 

Sec.  5  60.  Proceedings  upon  failure  to  file  statement. — If  any  sheriff  fail  to 
make  and  file  such  statement  with  said  clerk,  as  above  required,  the  said  court,  in 
general  term,  shall  issue  a  citation  to  such  sheriff  requiring  him  to  make  and  file 
such  statement  on  or  before  a  day  to  be  named  in  such  citation;  such  citation  may 
be  served  upon  such  sheriff  in  such  manner  as  the  court  shall  order;  and  if  such 
sheriff,  after  service  of  such  citation,  fail  to  make  and  file  such  statement  as  re- 
quired by  the  court,  the  court  may,  by  attachment,  compel  the  attendance  of  such 
sheriff,  and  if  necessary,  commit  him  to  .iail  until  he  make  and  file  such  statement, 
and  in  addition  thereto  may  fine  him  for  his  failure  to  make  and  file  such  state- 
ment according  to  the  provisions  of  section  eight  of  this  article,  in  a  sum  not  ex- 
ceeding ten  thousand  dollars.      (Laws  1879,  p.  98.  sec.  5.    R.  S.  1899,  p.  2549.) 

Sec.  5  61.  The  city  may  sue  and  recover,  in  what  cases. — The  city  of  St. 
Louis  may  sue  for  and  recover  all  sums  of  money  payable  into  the  treasury  thereof 
by  any  sheriff,  and  the  sheriff  and  his  sureties  on  his  official  bond  shall  be  liable 
therefor.      (Laws  1879,  p.  98,  sec.  6.     R.  S.  1899,  p.  2549.) 

Sec.  562.  Sales  of  real  estate,  how  conducted. — All  sales  of  real  estate  in 
the  city  of  St.  Louis  made  by  the  sheriff  of  said  city,  shall  be  made  in  the  manner 
now  provided  by  law,  and  as  hereafter  made  by  the  sheriff  of  the  county  of  St. 
Louis.     (Laws  1877,  p.  191,  sec.  1.    R.  S.  1899,  p.  2549.) 

Sec.  5  63.  Effect  of  sales. — All  such  sales  so  made  by  the  sheriff  of  said  city 
shall  be  valid  and  binding,  and  shall  be  effectual  to  pass  the  title  of  the  property 
sold  to  the  purchaser  thereof.      (Laws  1877,  p.  191,  sec.  2.    R.  S.  1899,  p.  2550.) 

Sec.  564.  Sheriff  to  execute  deed. — For  the  property  so  sold  by  him,  the  said 
sheriff  of  said  city  shall  execute  and  deliver  to  the  purchaser  thereof  good  and  suf- 
ficient deeds  of  conveyance,  which  he  shall  first  acknowledge  before  the  St.  Louis 
circuit  court;  and  all  such  deeds,  when  so  executed,  acknowledged  and  recorded, 
shall  have  same  force  and  effect  as  are  given  by  law  to  deeds  made  by  other  sheriffs 
in  this  state.     (Laws  1877,  p.  191,  sec.  3.    R.  S.  1899,  p.  2550.) 

Sec.  565.  Powers  and  duties  of  coroner,  appointment,  deputies. — The  coroner 
of  the  city  of  St.  Louis  shall  do  and  perform  all  acts  within  the  limits  of  the  said 
city  of  St.  Louis  required  by  law  of  coroners  of  the  different  counties  of  this  state, 
and  he  is  hereby  authorized  and  empowered  to  employ  two  deputies,  who  shall 
take  the  same  oath,  possess  the  powers  and  perform  the  same  duties  as  their  prin- 
cipal, and  for  whose  official  conduct  their  principal  shall  be  responsible.  The  ap- 
pointments of  such  deputies  shall  be  in  writing,  shall  be  filed  with  the  mayor  of 
said  citv  of  St.  Louis,  and  may  be  revoked  at  the  pleasure  of  their  principal.  (Laws 
1893,  p.  117.    R.  S.  1899,  p.  2550.) 

Sec.  566.  Fees  and  costs,  how  paid. — The  costs  and  expenses  of  any  inquest, 
including  the  fees  of  the  coroner,  of  jurors,  witnesses,  constables  and  others  en- 
titled to  fees,  for  which  the  city  is  liable,  shall  be  audited  and  paid  as  may  be 
provided  by  the  charter  and  ordinances  of  the  city  of  St.  Louis.  (Laws  1877,  p. 
191,  sec.  4.    R.  S.   1899,  p.  2550.) 

Sec.  5  67.  Powers  and  duties  of  mayor. — The  mayor  of  the  city  of  St.  Louis 
shall  do  and  perform  all  acts  required  of  the  county  court  by  chapter  forty-one  of 
the  revised  statutes  of  Missouri,  entitled  "Coroners  and  Inquests."  (Laws  1877, 
p.  191,  sec.  2.    R.  S.  1899,  p.  2550.) 

Sec.  5  6  8.  Duties  generally — when  entitled  to  counsel  fees. — Every  sheriff 
shall  quell  and  suppress  assaults  and  batteries,  riots,  routs,  affrays  and  insurrec- 
tions; shall  apprehend  and  commit  to  ,1ail  all  felons  and  traitors,  and  execute  all 
process  directed  to  him  by  legal  authority,  including  writs  of  replevin,  attachments 
and  final  process  issued  by  justices  of  the  peace;  and  he  shall  attend  upon  all  courts 
of  record  at  every  term,  and  in  all  cities  which  now  have  or  shall  hereafter  have  a 
population  of  three  hundred  thousand  inhabitants  or  more,  he  may  employ  counsel 
to  aid  and  advise  him  in  the  discharge  of  his  duties,  and  to  represent  him  in  court, 
and  may  fix  the  compensation  to  be  paid  such  counsel,  not.  however,  to  exceed  the 
sum  of  two  thousand  dollars  per  annum.  Provided,  the  whole  compensation  is  paid 
out  of  the  fees  of  his  office  of  sheriff;  and  the  court  shall  have  power  to  audit  and 
allow  such  compensation  as  other  fees  and  expenses  are  allowed  by  law.  ( R.  S. 
1899,  sec.  10046.) 

(/)      See   Kenefick  v.s.   St.   Loui.';,  supra:  State  ex   rel.   vs.    Polilman.  supra. 


C'llAT.    30-31]       .STATK   LAWS  SPECIALLY   ArPLICABLK   TO  ST.    LOUIS.  -JO!) 

CHARTHR  THIRTY. 

S.MtlKM    .\l!ATi:.Mi:.\T  • 

Section  569.  I')iiiis>ii>ii  uf  dciisi-  .smoke  into  open  <iir  ili'clnnil  a  piihlir  mii- 
!ian('t> — iM'imltifs — p<-iiullu-s  aci'iiiiiiilativc. — The  emission  or  dIscliarKe  into  tlie 
open  air  of  dense  smoke  witliin  the  corporate  limits  of  cities  of  this  state  whicli 
now  have  or  may  have  hereafter  u  population  of  one  hundred  thousand  inhabit- 
ants Is  herehy  declared  to  be  a  public  nuisance.  The  owners,  lessees,  occupants, 
managers  or  agents  of  any  building,  establishment  or  premises  from  which  dense 
smoke  is  so  emitted  or  discharged,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  in  any  court  of  competent  jurisdiction,  shall  i)ay  a  fine  of 
not  less  than  twenty-five  dollars,  nor  more  than  one  luindrcd  dollars.  And  each  and 
every  day  whereon  such  smoke  shall  be  emitted  or  discharged  shall  conslitule  a 
separate  offense:  Provided,  however,  that  in  any  suit  or  proceeding  under  this 
act.  It  shall  be  a  good  defense  if  the  person  charged  with  a  violation  thereof  shall 
show  to  the  satisfaction  of  the  jury  or  court  trying  the  facts,  that  there  is  no  known 
practicable  device,  appliance,  means  or  method  by  application  of  which  to  his 
building,  establishment  or  premises  the  emission  or  discharge  of  the  dense  smoke 
complained  of  in  that  proceeding  could  have  been  prevented.  (Laws  1901,  pp. 
73"4— m.) 

Sec.  570.  t'ities  oiiipowered  to  enforce  act  by  ordiniuice. — All  cities  to  which 
the  provisions  of  this  act  are  ajiplicable  are  hereby  empowered  to  enact  all  neces- 
sary or  desirable  ordinances,  not  inconsistent  with  the  provisions  herein,  nor  the 
constitution,  nor  any  general  law  of  this  state,  in  order  to  carry  out  the  provisions 
of  this  act.     (lb.) 

Sec.  571.  Inconsistent  acts  repi-alcd.  -AH  acts  or  parts  of  acts  inconsistent 
with  this  act.  or  any  part  hereof,  ar>  repealed,     (lb.) 

CHAPTHR  THIRTY-ONH. 

STENOGR.XPHERS. 

ARTICLE  I. 

STKNOGRAPHERS    IN    CITIES      AND    COUNTIES    HAVING    THREE      HUNDRED    AND 
FII-^Y    THOUSAND    OR    MORE    INHABITANTS. 

Section  572.      .Viithori/.inf;  judne  of  a  division  circuit  court  to  appoint  stenog- 

ruplicr   for  his  division.      For   the   purpose   of  expediting   the   public   business  and 

preserving  an   accurate   report   of   proceedings   in   the  trial   of  causes   without  ex- 

penglve  delays,  the  judge  of  the  circuit  court,  or  when  said  court  consists  of  more 

than  one  judge,  then  the  judge  of  each  division  thereof,  in  all  cities  and  counties 

In  this  state  which  now  have  and  such  as  may  hereafter  have  a  population  of  three 

'"vilred  and  fifty  thousand  inhabitants  or  more,  is  authorized  to  appoint  one  offi- 

slenographer  for  such  court  or  division,     such  stenographer  shall  be  an  officer 

uch  court,  and  shall  file  therein  an  affidavit  to  discharge  faithfully  and  impar- 

V  the  duties  of  such  office,  and  shall  also  file  therein  a  bond   to  the  State  of 

-ourl.  In  the  sum  of  three  thousand  dollars  with   two  sureties  approved   by  said 

.;e,  conditioned   for  the   faithful   and  impartial   discharge  of  such   duties,   upon 

•  h  any  person  injured  by  breach  thereof  may  maintain  an  action  as  upon  other 

uftlclal  bonds.     Such  stenographer  shall  hold  his  office  until  removed  by  an  order 

of  such  judge  or  by  an  order  of  such  judge  api)oiiiting  a  successor.      (Laws  1901. 

I  p.  280.  amending  R.  S.  1S99,  sec.  10105.) 

I  Sec.  573.      liiilicK  of  stenoKraphor. — It  shall  be  the  duty  of  each  official  sten- 

•■   r  so  appointed  to  attend  the  sessions  of  the  court,  or  division  to  which  he 

ed,  according   to   the   direction   of   the  judge   thereof,   to   take   full   steno- 

uotes  of  the  oral  evidence  offered  in  every  case  tried  in  said  court  or  divl- 

.  and  of  other  proceedings  when  directed  by  said  judge  to  be  so  reported,  to- 

:u>r  with  all  objections  to  the  admissibility  of  testimony  and  the  rulings  of  the 

rt  thereon,  and  all  exceptions  taken  to  such  rulings;  to  preserve  all  official  notes 

•n   In  said  court  for  future  use  or  reference,  and   to  finally  deposit  the  same 

h  the  records  of  said  court,  according  lo  the  directions  of  the  judge  thereof;  ana 

'urnish  to  any  person  a  long-hand  transcrijit  of  all  or  any  required  part  of  said 

lence  or  oral  proceedings  upon  the  payment  to  him  of  the  fees  hereinafter  pro- 

■d.     When  not  reporting  In  open  court,  it  shall  also  be  his  duty  to  take  such 

•'s  as  may  be  requested  by  the  judge  In  chambers,  and  to  furnish  the  latter  a 

script  thereof  when  required.    R.  S.  1899,  sec.  lOlor — n.) 

l:.'V.  Coil.-.  Chnptor  XVIII;   .\rt.  V.  Sees.   1619- 

iiinnairor"    Is   sufflolont.   without   slatInK    for 
.^•t.iti-    v.s.    Ev.Tiimn.    11.'.    Mo.    .\pp.    660.     The    pro- 
1  In  Stnt.'  v.H.  Ti.w.T.   IS.".  Mo.   79. 
k:r.-ii>h.r'.M  iliitlfs.  all  else  Is  extra-offlclnl :  Pad^ltt 
.vs.  Mull.   U9  M.I.    143.    u:^. 


210  STATE   LAWS  SPECIALLY  APPLICABLE  TO  ST.    LOUIS.  [CHAP."  3L 

Sec.  574.  Salary  and  fees. — Each  official  stenographer  shall  receive,  as  com- 
pensation for  his  services,  the  sum  of  eighteen  hundred  dollars  per  year, 
which  shall  be  paid  in  installments  of  one  hundred  and  fifty  dollars  at  the  end 
of  each  month  of  said  year,  by  the  treasurer  of  the  city  wherein  the  court  of 
which  he  is  stenographer  is  situated,  upon  presentation  to  such  treasurer  of  vouch- 
ers duly  approved  and  certified  by  the  judge  in  whose  division  of  court  such  sten- 
ographer is  employed.  Each  stenographer  shall  also  receive  from  any  person  or- 
dering long-hand  transcripts  of  his  notes  such  fees  for  the  same  as  may  be  from 
time  to  time  established  by  orders  of  said  court,  or  judges,  as  mentioned  in  section 
10105  of  this  article,  not  exceeding,  however,  fifteen  cents  per  folio  of  one  hundred 
words,  each  four  figures  to  be  also  counted  as  one  word;  and  any  judge  of  any  court 
may,  in  his  discretion,  order  a  transcript  of  all  or  any  part  of  the  evidence  or  oral 
proceedings  for  his  own  use,  and  the  stenographer's  fees  for  making  the  same 
shall  be  taxed  in  the  same  manner  as  other  costs  in  the  case.  (R.  S.  1899,  sec. 
10107.) 

Sec.  5  7  5.  Fee  to  be  taxed  in  each  case. — In  every  case,  except  in  suits  by  the 
state  for  the  collection  of  delinquent  taxes,  now  or  hereafter  pending  in  any  circuit 
court  or  division  thereof  where  an  official  stenographer  is  appointed,  the  clerk  of 
said  court  shall  tax  up  the  sum  of  three  dollars,  to  be  collected  as  other  costs,  and 
thereupon  to  be  paid  by  said  clerk  to  the  city  treasurer,  to  apply  to  the  payment  of 
salary  of  such  stenographers  as  above.     (R.  S.  1S99,  sec.  lOlOS — o. ) 

Sec.  576.  Deputies. — Each  official  stenographer  may  appoint  one  or  more 
deputies,  when  necessary,  to  assist  him  in  the  discharge  of  his  duties,  by  a  written 
appointment,  approved  by  said  court  and  filed  therein,  and  shall  bo  answerable  for 
the  proper  performance  of  the  duties  of  such  deputy;  and  the  compensation  of  the 
latter  shall  be  paid  by  such  stenographer.     ( R.  S.  1S99,  sec.  10109 — p.) 

Sec.  577.  May  excliaiige  work. — The  stenographers,  or  deputies,  in  the  sev- 
eral divisions  of  said  court  may,  with  the  approval  of  the  judges  thereof,  inter- 
change with  each  other  or  report  for  each  other  in  any  of  the  divisions  of  said 
court,  and  shall  otherwise  conform  to  such  regulations  as  may  be  made  by  said 
court  or  the  judges  in  their  several  divisions  touching  the  performance  of  their 
duties.      (R.  S.   1899,  sec.  10110.) 

ARTICLE  II. 

STENOGR.\PHERS    IN    COURT.S    HAVING    JURISDICTION    IN    CASES    OF    FELONY    IN 
CITIES    OF   OVER   ONE    HUNDRED    THOUSAND    INH.A.BIT.ANTS. 

Section  57  8.      Criminal  courts  to  have  stenographer — tenure  of  his  term. — In 

cities  having  a  population  of  over  100.000  inhabitants,  courts  having  jurisdiction  in 
cases  of  felony  shall  have  a  stenographic  reporter,  such  reporter  to  be  appointed  by 
the  court,  to  hold  his  office  from  month  to  month,  during  the  pleasure  of  said  court,  or 
until  removed  for  cause  shown,  as  hereinafter  lu'ovided.     ( R.  S.  1S99,  sec.  10130.) 

Sec.  579.  Salary  of  sti-nos'rapher. — The  stenograiiher  so  appointed  shall  re- 
ceive a  monthly  salary  of  one  hundred  and  fifty  dollars,  payable  at  the  end  of  each 
month  by  the  treasurer  of  said  city  ui)On  the  iiresentation  to  said  treasurer  of  vouchers 
duly  apiiroved  and  certified  by  the  clerk  of  said  court.     (R.  S.  1S99.  sec.  10131.) 

Sec.  5  8  0.  .Shall  take  oath. — Such  reporter,  before  entering  upon  the  dis- 
charge of  his  duties,  shall  take  an  oath,  before  some  competent  person,  to  faithfully 
discharge  the  duties  of  said  court.     (R.  S.  1899.  sec.  10132.) 

Sec.  581.  I>uty  of  .stenographer. — Such  reporter  shall  attend  upon  said  court, 
as  directed  by  the  judge  thereof,  and  shall  take  accurate  shorthand  notes  of  the  evi- 
dence, proceedings  had.  instructions  given  by  the  court  and  arguments  made,  and  all 
other  pertinent  matter,  and  shall  also  attend  upon  any  examination  of  a  criminal  mat- 
ter, when  directed  by  the  prosecuting  officer,  and  shall  furnish  transcripts  of  his 
said  notes,  or  any  part  thereof,  in  legible  English,  for  the  use  of  the  state,  when  so 
directed  by  the  judge  of  the  court.     ( R.  S.  1899,  sec.  10133.) 

Sec.  582.  Disposition  of  stenographic  notes. — All  short-hand  notes  of  exam- 
inations in  criminal  matters,  other  than  regular  trials  thereof,  shall  be  turned  over 
at  once  by  said  reporter  to  tlie  prosecuting  officer  of  the  court.  But  all  other 
short-hand  notes  taken  by  said  reporter  shall  be  filed  by  him  in  the  clerk's  office 
of  such  court,  and  shall  become  part  of  the  records  of  such  court,  and  such  re- 
porter shall  transcribe,  in  legible  English,  any  of  such  notes,  or  any  part  thereof, 
whenever  required  by  the  clerk  so  to  do;  and  such  clerk  shall  make  out  certified 
copies  of  such  transcript  or  long-hand  notes  for  any  person,  upon  payment  of  the 
legal  fees  allowed  by  law  for  copies  of  records  and  papers,  except  that  whenever 
said  reporter  shall  be  required  to  take  notes  before  the  grand  jury,  he  shall  be 

(o)  This  provision  is  sustained  by  the  courts:  but  it  does  not  apply  to  a  garnish- 
ment   case:      Bank    vs.    Glaser.    40   Mo.    App.    371. 

(/>  )      |1.'putii-s  iindcT  analiigous  law.  see  State  ex   rel.  vs.  Ford.  41    Mn.   .App.   122. 


ART.   2. 1  STATIC  LAWS  SPKCIAI,1,Y   APPLICABLK  TO  ST.    LOUIS.  211 

sworn  to  secrecy,  and  all  such  notes  so  taken  shall  also  be  turned  over  by  said 
reporter  to  the  prosecuting  officer  of  said  court:  and  proviiletl.  that  in  cases  of 
appeal  and  on  motions  for  new  trial,  the  transcript  of  the  evidence  shall  be  fur- 
nished to  the  defendant  upon  the  order  of  the  court  without  costs  to  said  de- 
fendant when  it  shall  appear  to  the  satisfaction  of  the  court  that  the  defendant 
Is  unable  to  pay  the  cost  of  such  transcript  for  the  purpose  of  making  such  ap- 
peal: and  provided,  further,  that  the  stenographer  shall  be  allowed  for  making 
such  transcript  the  sum  of  fifteen  cents  i)er  folio  of  100  words  for  each  transcript 
80  furnished;  and  when  the  court  shall  be  satisfied  that  the  defendant  is  unable  to 
pay  for  making  such  transcript  the  same  shall  be  taxed  as  costs  in  the  case 
against  the  state  or  county,  as  may  be  proper.  (R.  S.  1S99,  sec.  10134,  amended 
Arts  1907,  p.  440:  also  441— t;.) 

?ec.  583.  Ill  case  of  absence  of  stenoi;rii|ilier,  pr»K'eeclinfj;s. — In  case  of  the 
temporary  absence  of  such  reporter,  from  any  cause,  the  court  may  appoint  a 
skillful  short-hand  reporter  In  his  jilace.  who  shall  take  the  same  oath,  and  for 
the  time  being  shall  perform  the  same  duties  and  labors  and  receive  the  same  com- 
pensation, pro  rata  as  the  regular  reporter.     (R.  S.  1S99.  sec.  10135.) 

Sec.  5S4.  Stenojirai'lier  to  be  removed,  when. — If  said  reporter  shall  fail  to 
perform,  in  whole  or  in  part,  faithfully,  the  duties,  obligations  and  labors  enjoined 
upon  him  In  this  article,  he  shall  be  at  once  removed  by  the  court,  upon  any  appli- 
cation of  any  responsible  person  showing  good  cause  therefor  by  competent  evi- 
dence, and  if  said  reporter  shall  be  guilty  of  any  willful  or  corrupt  misconduct  or 
neglect  in  the  discharge  of  any  of  the  duties,  obligations  or  labors  required  to  be 
by  him  iierformed  by  any  of  the  provisions  of  this  article,  he  shall  be  deemed 
guilty  of  a  misdemeanor;  and  upon  conviction  thereof,  shall  be  punished  by  a  fine 
not  exceeding  five  hundred  dollars,  or  by  imprisonment  in  the  city  jail  for  a  term  of 
not  exceeding  one  jear.     (R.  S.  1899,  sec.  10136.) 


CHAPTER  THIRTY-TWO. 

STRKKT  GRADKS.    ESTAHI-L'^UMIONT   A.VU   CH.-iiNGK  OF  • 

SertiiMi  ,tS.">.  Aiitliori/ed  to  establish  and  cliaiifje  Krndes — preliiniiiar.v  pro- 
re«-diiigs  iuMTvsary — ri'iiionslranci- — h  lien  tiled — in  cases  where  charter  re(iuires 
the  ri'i  oinniendations  of  the  board  of  pul)lic  improvements. —  Every  city  now  hav- 
ing or  which  may  at  any  time  hereafter  have  a  poitulation  of  three  hundred  thou- 
.sand  inhabitants  or  over,  shall  have  at  all  times  the  power  to  establish  the  grade 
and  change  the  grade  already  established,  of  any  street,  alley,  avenue,  public 
highway  or  public  place,  or  any  part  thereof,  as  often  as  it  may  be  deemed  best 
'for  the  public  interest,  and  to  cause  the  same  or  any  part  thereof  to  be  graded 
.to  the  established  grade  or  to  any  change  thereof:  Provided,  however,  that  when 
;a  change  Is  proposed  to  be  made  in  the  grade  of  any  street,  alley,  avenue,  public 
highway  or  public  place,  or  any  part  thereof,  which  has  once  been  established. 
the  two  houses  of  legislation  of  such  city  shall  by  resolution  declare  the  work  of 
ilmprovenient  to  be  necessary,  and  cause  such  resolution,  or  the  substance  thereof, 
;to  be  published  in  the  newspaper  doing  the  city  printing,  for  ten  days  (Sundays 
llncluded):  and  unless  the  resident  owners  of  the  city  who  shall  own  the  majority 
,in  front  feet  of  all  the  lands  belonging  to  such  residents  fronting  on  the  street, 
alley,  avenue,  public  highway,  public  place  or  part  thereof  to  be  improved,  shall, 
■within   thirty  days  after  the   first   day  of   the  publication   of  such   resolution,   file 

I  (»  )  It  Is  for  the  Juilgi^  of  thi>  St.  Louis  Criminal  Court  to  determine  whether  the 
brrielal  •tenoKrnphiT  shall  attend,  and  his  aotlon  l.s  not  subject  to  review:  State  vs. 
1. — ,.  ,,n  jif,  ^on  ^  defendant  was  entitled  to  have  a  transcript  of  the  evidence 
I  to  him  without  rost:  State  i-x  r"'l.  Scales  v.  Zaehrltz.  145  Mo.  269:  State  ex  rel. 
■  Wofferd.  121  Mo.  61.  Mandamus  will  lie  to  compel  the  Judge  to  order  such 
ir.in^.  ript:  State  ex  rel.  Scales  v.  Zaehrltz,  145  Mo.  269:  State  ex  rel.  Martin  v.  Wof- 
ferd. 121  Mo.  61. 

1  •Charter  Powers:  See  Charter  Art.  III.  Sec.  26.  clause  2:  Art.  VI.  Sees.  1-27;  Rules 
for  damaRes  rhaoKln^::  grade  of  streets  see  Chart.  Art.  VI.  See.  19  and  cases  there  eited 
n  notes.  Act  of  1S91.  p.  i"  (R.  S.  1899.  Sees.  6234-6236)  enncernlnB  the  estahllslnnent 
ind.  r«Kulatlon  of  boulevards,  etc..  was  held  unconstitutional  In  St.  Louis  vs.  Dorr.  145 
A.r  44«. 

Th»  set   of  March    14,    1893    (R.   S.    1899.   sec.    6237).   requiring:   the   whole  cost  of   Im- 
■"  *      r  streets,  etc..  to  be  charged  against  adjoining  property  and  said  cost  to  be 

led  and  paid"  as  "now  providt-d   hy  law  or  charter,"  etc.,  was  held   void  as 
finn-   M'irname  vs.   St.    I^uis,    123   Mo.   479. 

new  In  mat  revision.      Kornierly  proceedings  for  changing  grades 

th-Tefor   were   governed    by    R.    S.    1S99.   sees.    6109-6114:      It    was 

■ding  the  commissioner's  report  <'Ould  not  be  approved  In  part  as 

-s  ;ia.l  lict  aside  in   part   as  to  others,  so  as  to  constitute  a   final  Judgment 

m1  not  the  otliers.  and  no  appeal  wo\ilil   II. ■  under  such  conditions,  as  there 

ne   final  Judgment:      .St.    Louis   vs.   Nelson.    169   Mo.    461. 

Tlic  t  ay   ran.    (so   under  the   former  statutes)    institute   proceedings   to  assess   dam- 

<  and   benefits    for  street    grade   changes   without    the   consent   of    the   owners   of    the 

1  i,fr...i...i       -i.     Louis   vs.    Lang.    131    Mo.    412.   421. 


212  STATE   LAWS  SPECIALLY  APPLICABLE  1 0   ST.   LOUIS.  [CHAP.  32. 

with  the  city  register  their  remonstrance  against  the  proposed  change,  then  the 
two  houses  of  legislation  ot  such  city  shall  have  power  by  ordinance  to  cause  the 
proposed  change  to  be  made:  Provided,  further,  however,  that  when  the  charter 
of  any  such  city  shall  require  that  such  resolution  or  ordinance  shall,  before  being 
passed,  be  recommended  by  a  board  of  public  improvements,  or  other  authority  of 
such  city,  then  the  same  shall,  before  being  passed,  be  recommended  as  therein 
required.  If  the  remonstrance  of  the  resident  property  owners  above  mentioned 
shall  be  tiled  with  the  city  register,  as  herein  provided,  the  power  of  the  two 
houses  of  legislation  to  make  the  proposed  change  in  the  grade  of  such  street, 
alley,  avenue,  public  highway  or  public  place,  or  any  part  thereof,  shall  cease  until 
a  sufficient  number  of  the  persons  so  remonstrating  or  their  grantees  shall,  in  writ- 
ing, withdraw  their  names  or  the  property  represented  by  them  from  such  remon- 
strance, so  that  said  remonstrance  shall  cease  to  represent  a  majority  of  the  resi- 
dent owners  as  above  provided,  when  the  two  houses  of  legislation  may  again 
l)roceed  in  the  manner  above  mentioned.  (Laws  1899,  p.  61,  sec.  1.  R.  S.  1899 
sec.  6238.) 

Sec.  5SG.  Renniiicratioii  or  damages — property  benefited. — When  the  prop- 
erty owners  to  be  disturbed  or  damaged  by  the  grading,  regrading.  or  other  change 
of  any  street,  alley,  avenue,  public  highway,  i)ublic  place,  or  any  part  thereof,  are 
lawfully  entitled  to  remuneration  or  damages  under  the  constitution  of  the  state 
of  Missouri,  and  shall  not  have  waived  all  right  or  claim  thereto,  the  ordinance 
which  shall  order  the  grading  or  regrading  of  any  such  street,  alley,  avenue,  pub- 
lic highway  or  public  place,  or  any  part  thereof,  shall  also  prescribe  and  determine 
the  liinits  within  which  private  property  is  benefited  by  the  proposed  grading  or 
regrading.      (lb.,  p.  62,  sec.  2.    R.  S.  1899,  sec.  6239.) 

Sec.  587.  Street  coniiiiissioner  to  furnish  maps  of  property  benefited. — 
Within  thirty  days  after  the  taking  effect  of  the  ordinance,  the  street  commissioner 
shall  furnish  the  mayor  a  map  or  plat  containing  a  correct  description  of  the  sev- 
eral lots  or  parcels  of  private  property  in  the  benefit  limits  described  in  said  ordi- 
nance,     (lb.,  p.  62,  sec.  3.    R.  S.,  sec.  6240.) 

Sec.  588.  Proceedings  determined  by  circuit  court  or  .judge  in  vacation. — 
The  proceedings  hereinafter  provided  for  shall  be  heard  and  determined  by  the 
circuit  court  of  the  county  in  which  the  city  is  located,  or  if  it  is  not  in  session, 
by  a  judge  thereof:  and  when  they  are  had  in  vacation  the  same  record  thereof 
shall  be  made  and  kept  as  if  such  proceedings  had  been  had  in  term  time.  (lb., 
sec.  4.    R.  S.  1899,  sec.  6241.) 

Sec.  589.  How  proceedings  may  he  begun  and  determined  in  circuit  court  to 
a.scertain  damages  or  iienoflts  dei'ived  from  proposed  grading  or  regrading. — When 
the  mayor  shall  file  or  cause  to  be  filed  a  certified  copy  of  said  ordinance  in  the 
circuit  court,  or  with  the  clerk  thereof,  such  court  or  judge  thereof  shall  fix  a  day 
and  place  for  assessing  the  damages  and  benefits  derived  from  the  proposed  grad- 
ing or  regrading,  and  shall  make  an  order  reciting  the  title  of  the  ordinance,  and 
stating  the  general  object  and  nature  of  the  ordinance,  and  also  stating  the  limits 
within  which  private  property  is  benefited  by  the  proposed  grading  or  regrading  as 
determined  and  prescribed  by  the  ordinance,  and  said  order  shall  be  directed  to  all 
persons  to  whom  it  may  concern,  without  naming  them,  notifying  them  of  the  day 
and  place  fixed  for  the  ascertaining  of  damages  and  benefits  to  arise  from  said 
grading  or  regrading,  and  that  unless  they  file  their  claim  for  damages  as  herein 
required  they  shall  thereafter  be  precluded  from  making  any  claim  on  account 
thereof.  A  copy  of  such  order  shall  be  published  in  each  issue  of  a  newspaper  at 
the  time  doing  the  city  printing  for  ten  days  (Sundays  included),  the  last  insertion 
to  be  not  more  than  one  week  prior  to  the  day  so  fixed  for  said  hearing.  The  court  i 
or  judge  thereof  may,  at  the  time  of  making  said  order,  further  order  that  all  or  ' 
any  portion  ot  the  residents  of  the  city  owning  or  having  an  interest  in  real  estate  I 
fronting  on  the  street,  alley,  avenue,  luiblic  highway,  or  public  place,  or  any  part 
thereof,  proposed  to  be  graded  or  regraded.  or  in  the  real  estate  within  the  limltB 
of  the  district  prescribed  by  the  ordinance  within  which  private  property  is  deemed 
benefited  by  the  proposed  grading  or  regrading,  be  served  with  a  copy  of  said  or- 
der, either  by  delivering  to  each  of  such  owners  a  copy  of  the  order,  or  leaving 
such  copy  at  their  usual  place  of  abode  with  some  member  of  their  respective 
families  over  the  age  of  fifteen  years,  and  in  the  case  of  resident  corporations  by 
service  of  said  order  in  like  manner  as  with  summons  in  ordinary  civil  causes.  If 
service  ot  such  notice  cannot  be  made  on  any  or  all  such  parties  as  above  described. 
within  the  city  limits,  when  personal  service  is  ordered  by  said  court  or  judge,  the 
returns  on  such  notice  shall  so  state.  Thereupon  an  alias  order  specifying  a  differ- 
ent date  may  be  made  by  said  court,  or  judge  thereof  in  vacation,  if  deemed  advisa- 
ble, notifying  such  unserved  parties  of  the  facts,  as  in  case  of  original  notice 
above  provided.  Said  cause  may  be  continued  or  postponed  from  time  to  time.  It 
shall  not  be  required  in  any  case  to  bring  in  any  person  other  than  the  owners  of 
the  property,  or  cause  those  interested  therein,  who  were  such  at  the  time  of  the 


CHAP.  32-33  1       STATE  LAWS  SPECIALFA-   APPLICABLE  TO  ST.   LOUIS.  213 

taking  effect  of  the  ordinance  providing  for  the  improvement,  and  the  parlies 
rlainiing  or  holding  through  or  under  such  owners  or  parties  Interested,  or  any  of 
them,  shall  be  bound  by  the  proceedings  as  fully  as  if  they  were  brought  in:  but 
any  person  having  any  interest  in  the  real  estate  liable  to  be  affected  by  said  pro- 
ceedings may.  upon  application  and  entering  his  appearance,  be  made  a  party 
thereto;  but  no  notice  of  said  proceedings  shall  be  necessary  to  the  validity  theixjof, 
except  the  publication  of  the  order,  as  herein  provided.  Notice  so  given  by  publi- 
cation shall  bo  sufticient  to  authorize  the  court,  or  judge  thereof  in  vacation,  to 
hear  and  determine  the  cause,  and  to  make  any  finding  or  order  therein  as  though 
all  the  parties  had  been  sued  by  their  proper  names,  and  had  been  personally 
served.  Affidavit  by  the  publisher,  manager,  or  any  person  connected  with  the 
newspaper  in  which  such  order  was  published,  accompanied  with  a  copy  of  the 
notice,  shall  be  evidence  of  the  fact  of  publication  of  the  notice  or  order  as  stated 
therein.  On  or  before  the  day  next  before  the  day  set  for  the  hearing,  or  before 
the  day  to  which  said  cause  may  have  been  postponed  or  continued,  as  designated 
in  either  of  aforesaid  notices,  any  person  claiming  damages  by  reason  of  the  afore- 
said grading  or  regrading.  may  file  or  cause  to  be  filed  with  the  clerk  of  such  court 
a  description  of  the  property  claimed  to  be  damaged  and  the  interest  of  the  claim- 
ant therein.  The  clerk  shall  note  the  filing  of  every  such  claim  as  a  part  of  the 
record  of  said  cause.  If  no  claim  be  filed  before  the  day  set  for  the  hearing  of  said 
cause,  or  the  day  to  which  said  cause  has  beer,  postponed  or  continvied,  as  above 
provided,  the  court,  or  judge  in  vacation,  shall  make  an  order  finding  that  no  such 
claim  has  been  filed,  and  thereupon  the  grading  or  regrading  may  be  done,  and  no 
claim  for  damages  therefor  shall  thereafter  be  made  or  considered.  The  service 
of  any  notice  or  process  required  by  this  act  or  ordered  by  the  court,  or  judge 
thereof  in  vacation,  may  be  made  by  a  policeman  of  the  city,  or  by  any  constable 
or  other  officer  authorized  to  serve  or  return  notices,  and  any  return  of  service  by 
a  policeman,  constable  or  other  officer  shall  be  evidence  of  the  fact  therein  stated. 

I    (lb.,  p.  62.  sec.  5.    R.  S.  1899.  sec.  6242.) 

Sec.  590.  Circuit  court  to  retiiiu  jurisdiction. — In  case  any  person  or  persons 
shall  file  a  claim  or  claims  for  damages  as  mentioned  in  the  preceding  section,  the 
circuit  court,  or  judge  thereof  in  vacation,  shall  retain  jurisdiction  of  the  party 
and  subject-matter,  and  proceed  to  cause  the  damages  or  compensation  to  be  ascer- 

.  tained  in  the  manner  provided  by  the  charter  of  such  cities,  or  any  law  affecting 

:  the  same.     (lb.,  p.  64,  sec.  6.    R.  S.  1899,  sec.  6243.) 


CHAPTER  THIRTY-THREE. 

STREET    RAlLRO.\r>.=;.* 

Sec.  591.  Street-car  «"•«■».  cities  of  300,000  may  regulate.— Any  city  having 
j  a  population  of  three  hundred  thousand  or  more  shall  have  the  exclusive  right  to 
I  regulate  the  use  of  gates  on  street  cars  operated  in  said  city,  and  shall  have  the 
:  exclusive  right  to  regulate  passengers  in  getting  on  or  off  said  street  cars.  (R.  S. 
;  1899.  sec.  6250.) 

Sec.   592.     As.sonilily  no  power  to  increase   rates  of  fiire. — The   city   council 

I  [muDlcipal  assembly]   of  St.   Louis  shall   have  no  power  to  Increase  the  rates  of 

I  fare  on  said  roads,  nor  shall  they  have  the  right  to  divide  or  separate  the  lines  of 

I  Mid  roads  in  such  manner  as  will  increase  the  fare.      (Laws  1865,  p.  303.  sec.  5.) 

I  Sec.  593.     SiuKlo  track  road  may  lay  double  truck. — Any  eompany  now  using 

a  alngle  track  road,  with  turn-outs,  upon  any  street  or  part  of  street,  may  change 

the  same  to  a  double  track  at  any  time;    Droiidcd.  they  shall  first   obtain   the  con- 

Isent.  In  writing,  of  the  owners  of  a  majority  in  interest  of  the  property  fronting 

jon  the  street  or  part   of  street   desired   to  be  so  changed.    Hut   this   provision   shall 

jnot  apply  to  that  part  of  Olive  street  between  Fourth  and  Twelfth  streets,  unless 

jthe  majority  In  interest  of  the  street  give  their  written  consent  that  a  double  track 

may  be  constructed  on  said  part  of  Olive  street.     (Laws  1859-1860.  p.  517.  sec.  4.) 

Sec.  594.     Other  power  than  horse  power  may  be  used. — Every  street  railroad 

Charter  Provisions  Art.  X;  Art.  Ill,  Sec.  26,  clauses  5  and  11;  and  see  notations 

i'ur  ordlnnnrps  concernlni?  same  see  Rev.  Code.  sees.  1863-1903.  and  see  notes  to  Rev. 
!••.  Chap.   23.  Art.  VI;  soo  as  to  llconsinfr.  R.  C.  »i-c.  2257    ric  uij. 

"  '"  ■"  ' "     '  "-nt  In  the  Miinlclpnl  Code.  paRCS  1B7-16S.  (sees.  487-493)   a  nuinher 

f>'  !   to  as  appMi-nhIc  to  the  City  of  St.   Lo\ils   (R.  S.   1899.  Sees.   .1438- 

"■•  • '  lion   shows   that  those   statutes  apply  only   to   "cities  of   the   first 

'  II.   1. 1",  does  not  Include  the  City  of  St.  Louis,  which  Is  organized  under  a 

'tullonal   provision,   anu   has   Its  own   special   charter   thereunder.        These 

Most   of    *  [Provisions   herein    referred    to   have    become   obsolete,   or  nro   dis- 

placed by  C'T  1   provisions  and  rhnrter  provisions  enacted   thereunder;  a  num- 

ber of  stattit-  ...en  do  not  apply  -ipeclally  to  St.  Louis,  and  are  Kcnernl.  but  as  a 

reference  thereto  may  be  of  some  value,  most  of  them  arc  retained  as  heretofore  in  the 
^un.  Code,  though   not  strictly  appropriate  to  this  revision. 


214  STATE   LAWS  SPECIALLY  APPLICABLE  TO  ST.    LOUIS.  [CHAP.    33. 

company  in  any  city  of  this  state,  which  by  its  charter  or  articles  of  association  is 
or  may  be  only  authorized  to  use  horse  power  for  its  operation,  is  hereby  em- 
powered to  also  use  such  other  motive  power  for  that  purpose  as  it  has  been  or  may 
be  permitted  by  the  ordinances  of  such  city.  (Laws  1S87,  p  108  R  S  1899 
sec.  1355.) 

Sec.  595.  Time  table  to  be  posted  in  cars. — In  order  to  insure  regularity  in 
the  running  of  the  cars  of  the  several  street  railways  in  the  city  of  St.  Louis,  each 
of  said  railway  companies  shall  keep  a  time  table  conspicuously  posted  in  each  of 
its  own  cars,  showing  the  time  of  starting  each  of  its  cars  from  each  terminus  of 
its  road  or  route.      (Laws  1S6S,  p.  297.) 

Sec.  596.  Tickets  to  be  .sold. — The  street  railroad  companies  in  the  city  of 
St.  Louis  shall  keep  on  hand  for  sale  and  shall  sell  to  any  person  passenger  tickets, 
in  packages  of  five  for  twenty-five  cents,  and  in  packages  of  twenty  for  one  dollar, 
and  also  tickets  for  children  under  twelve  (12)  years  old  in  packages  of  ten  for 
twenty-five  cents,  and  in  packages  of  forty  for  one  dollar:  such  tickets  shall  be 
kept  for  sale  by  the  conductor  of  each  car,  and  also  at  the  offices  of  said  com- 
panies during  business  hours.  The  holder  of  any  ticket  thus  issued  shall  be  en- 
titled for  the  same  to  one  transportation  over  any  one  of  the  different  lines  of 
street  railroads  now  in  operation  or  hereafter  established  in  the  city  of  St  Louis 
(Laws  1869,  p.  207.) 

Sec.  5  9  7.  Tickets  to  be  redeemed  and  e.\changed. — The  street  railroad  com- 
panies of  St.  Louis  shall  be  bound  to  exchange  with  and  redeem  from  each  other 
the  tickets  issued  by  them  respectively,  and  said  street  railroad  company  shall 
have  the  right  to  charge  and  collect  a  fare  of  seven  cents  from  each  passenger 
transported  by  them  and  not  presenting  a  ticket  as  herein  provided.  The  annual 
tax  levied  or  assessed  for  state,  county  or  city  purposes  upon  street  railway  com- 
panies in  the  state  of  Missouri,  shall  be  assessed  upon  the  value  of  the  property 
owned  by  each  of  said  companies  in  the  same  manner  and  to  the  same  extent  as 
assessments  are  made  on  the  property  of  individuals.      (Laws  1869,  p.  207.) 

Sec.  598.  license  to  be  paid. — In  addition  to  the  annual  tax  herein  provided, 
each  of  said  railway  companies  shall  pay  a  license  to  the  city  of  St.  Louis  to  be 
fixed  by  ordinance  of  said  city,  not  exceeding  twenty-five  dollars  per  annum  for 
each  car  run  by  said  companies  respectively,  and  the  taxes  and  license  payable 
under  the  provisions  of  this  act  shall  be  in  lieu  of  all  taxes,  burdens  and  expendi- 
tures and  repairs  of  streets  outside  of  their  track  required  of  such  companies  by 
former  laws  and  ordinances.      (Laws  1869,  p.  207.) 

Sec.  599.  Passengers  forbidden  to  get  on  or  oflf  front  platform  while  car  in 
motion. — No  passenger  shall  be  permitted  to  get  on  or  off  any  car  by  the  front 
platform  while  the  car  is  in  motion,  and  each  car  shall  be  furnished  with  such 
adjustable  gate  or  guard  as  shall  effectively  prevent  it.  (Laws  1865-66,  p.  105.) 
Sec.  600.  Fine  imposed  for  not  selling  tickets. — In  case  any  railroad  com- 
pany, or  any  conductor  thereof,  shall  neglect  or  refuse  to  sell  such  tickets  to  any 
person  applying  therefor  as  provided  in  this  act,  such  company  or  conductor  shall 
not  be  permitted  to  collect  any  fare  whatever  from  such  passenger,  and  the  com- 
pany shall,  on  conviction  of  such  neglect  or  refusal,  be  fined  in  a  sum  not  exceed- 
ing fifty  dollars  for  each  offense,  one-half  of  which  is  to  go  to  the  informer.  ( Laws 
1869,  p.  207.) 

Sec,  601.  Franchises  confirmed. — The  St.  Louis  Railroad  Company,  the  Mis- 
souri Railroad  Company,  the  People's  Railway  Company,  and  the  Citizens'  Railway 
Company,  as  heretofore  organized  under  the  "Act  to  authorize  the  formation  of 
railroad  associations,  and  to  regulate  the  same."  approved  December  13.  1855.  are 
hereby  ratified  and  confirmed  in  their  respective  rights  under  said  law;  and  the 
roads  now  built  or  commenced,  and  the  gauge  of  track  established  by  said  com- 
panies, are  sanctioned,  and  said  gauge  of  tour  feet  ten  inches  is  hereby  recognized 
as  the  legal  gauge  of  all  other  street  railroads  that  may  be  built  in  the  city  and 
county  of  St.  Louis;  said  companies  shall  conform  to  and  be  governed  by  said  law 
concerning  railroad  associations,  except  as  follows:  first,  said  companies  shall  not 
be  required  to  carry  freight;  second,  the  report  made  to  the  city  comptroller  shall 
be  in  lieu  of  the  annual  report  required  to  be  made  to  the  secretary  of  state  by  the 
law  under  which  said  company  was  organized.      (Laws  1859-1860,  p.  516.) 

Sec.  602.  Limitation  of  rights. — The  rights  confirmed  to  said  companies  shall 
not  extend  to  or  authorize  the  building  by  them  of  any  road  or  roads  on  Clark  avenue, 
Chestnut  street,  Pine  street.  Locust  street,  or  Washington  avenue,  which  streets  are 
hereby  reserved  from  such  use.  and  all  railroad  tracks  are  forever  prohibited  on 
the  streets  named  in  this  section;  and.  in  lieu  of  the  track  on  Pine  street,  the 
Missouri  Railroad  Company  may  run  the  cars  of  their  road,  on  Eleventh  and  Ben- 
ton streets,  over  the  Olive  street  road;  and  the  C'tizons'  Railway  Company  rnay 
run  the  cars  of  their  roads,  heretofore  authorized  by  the  council,  in  connection 
with  'W'ashington  avenue,  over  their  Morgan  street  road;  and  said  companies  may 
each  construct  two  additional  switches,  and  a  side  track  not  exceeding  one  hundred 


t'HM'.   831  STATK  LAWS  SPECIALLY   AI'PLICABLK  TO  ST.    LOIMS.  -Jly 

and  seventy  feet  in  length,  to  enable  the  cars  to  run  on  Olive  and  Morgan  streets; 
the  switches  on  Morgan  street  may  be  east  of  the  double  track  contemplated  to  be 
built,     (Laws  18r>y-lSG0,  p.  516.) 

Sec.  603.  St.  Louis  Knilroad  authorized  to  e.xtcnd  road. — The  St.  Louis  Rail- 
road Company  may  extend  their  road  north  from  Salisbury  street,  along  IJroadway 
and  Hellefontalne  road,  to  the  city  limits;  and  may  further  extend  the  same  lo  the 
Bellefontaine  cemetery  and  the  Calvary  cemetery,  and  south  from  Gate  street, 
along  the  Carondelet  road,  to  the  city  limits;  and  may  further  extend  said  road, 
through  the  St.  Louis  commons,  to  or  through  the  city  of  Carondelet;  provided, 
that  before  such  extension  is  made  through  any  road  or  avenue  outside  the  city, 
the  consent  of  the  board  of  county  commissioners  shall  be  obtained,  and  the  con- 
sent of  the  city  council  of  Carondelet  shall  be  obtained  before  running  through  any 
street  of  that  city.     (Laws  1  S.'.;i-1  SCO.  p.  .'ilT.) 

Sec.  604.  .St.  Louis  Itailroad  aiilhori/.ed  to  build  branch.  The  St.  Louis 
Railroad  Company  may  build  a  branch  road  to  the  fair  grounds,  along  Bremen 
avenue  and  other  connecting  streets,  or  by  such  other  route  as  they  may  select,  by 
the  consent  of  the  common  council  [niunicii)al  assembly],  after  first  obtaining  the 
consent  of  a  majority  in  interest  of  the  property  holders  on  the  route  selected;  and 
the  Mi.-isouri  Railroad  Company  may  build  a  branch  road  from  their  terminus  on 
Benton  str'eet.  at  Lighteenth  street,  to  the  fair  grounds,  by  such  route  as  they  may 
select;  provided,  they  first  obtain  the  written  consent  of  the  majority  in  interest  of 
the  property  holders  on  the  route  selected;  and  the  Peoples'  Railway  Company 
may  extend  their  road  from  St.  Ange  avenue,  along  Chouteau  avenue,  to  the  j)oint 
where  the  Pacific  Railroad  crosses  said  Chouteau  avenue;  provided,  the  same  is 
constructed  before  the  first  day  of  February,  1866;  and  the  Missouri  Railroad 
Company  may  extend  their  road,  from  the  junction  of  Olive  street  and  Grand  ave- 
nue, to  the  King's  highway,  with  the  consent  of  the  property  owners  where  the  road 
runs.      (Laws   1S59-1S60.  p.   517.) 

Sec.  605.  (iravois  Railroad  autliori/ed  to  build. — The  Gravois  Railroad  Com- 
pany, as  authorized  by  the  common  council  [municipal  assembly]  of  St.  Louis,  may 
construct  their  road;  provided,  they  shall  commence  the  construction  of  the  same 
within  six  months,  and  finish  the  same  within  two  years,  after  Eighth  and  Ninth 
streets  shall  be  fully  opened,  graded  and  improved,  as  far  south  as  Park  avenue;  and. 
provided  further,  that  said  company  may  connect  their  road  from  the  termination  of 
Decatur  street,  eastwardly,  along  Park  avenue  to  Eighth  street;  and  thence  north- 
wardly, along  Eighth  street,  to  the  line  authorized  by  said  common  council  [municii)al 
aasenibly).  unless  the  said  company  shall  fail  to  make  a  satisfactory  agreement  with 
the  Pacific  Railroad  Company  as  to  the  crossing  of  their  track  on  Eighth  street;  then, 
In  that  event,  sjiid  ccmi>any  may  turn  their  track  westwardly  from  Eighth  street, 
along  (Gratiot  street,  to  Ninth  street;  thence  along  Ninth  to  Chestnut  street;  and 
theme  along  Chestnut  to  Fifth  street;  and,  provided  further,  that  said  company  shall 
I  not  be  required  to  construct  a  branch  on  .Arsenal  street,  and  shall  not  be  permitted  to 
I  lay  their  track  on  Chestnut  street  east  of  the  eastern  line  of  Fifth  street.  (Laws 
I  I860-1S61.  p.  44:!.) 

Sec.    606.      Conditions    of    privilege. — The    privilege    herein    granted    of    con- 

I  structlng  said  road  on  Chestnut  street,  between  Nintn  and  Fifth  streets,  shall  be  con- 

'  ttnucd  on  the  consent  of  a  majority  of  the  owners  of  real  estate  on  that  portion  of 

the  road;  and  the  evidence  of  such  consent,  on  the  i)art  of  such  owners,  shall  first  be 

!  filed  in  the  office  of  the  city  register,  and  shall  have  attached  thereto  the  certificate  of 

1  the  city  engineer  that  the  persons  named  constitute  or  rei)resent  a  majority  of  the 

owners  of  real  estate  fronting  on  Chestnut  street,  between  Ninth  and  Fifth;  provided. 

however,  that  no  coal  or  other  freight  shall  be  carried  on  said  road  northwardly  be- 

I  jrond  the  line  of  Cerre  street,  nor  l)etween  the  hours  of  sunrise  and  sunset  in  the  day- 

jtime.     (Laws  l.sGO-61.  p.  444.) 

I  Sec.   607.      i'itiwiis"   Ilnilroad   not   to  lay  doul>lc   track,  etc. — Nothing   in   this 

act  shall  be  construed  as  authorizing  the  Citizens'  Railway  Com|)any  to  construct  a 
double-track  road  on  Franklin  avenue,  without  the  written  consent  of  a  majority  in  in- 
Iterest  fronting  that  portion  of  the  sneet  whcrn  such  double  track  may  run.  (Laws 
|186»-6().  p.  518.) 

I  Sec.  608.      .Missouri  Kailmad  autbi>ri/cd  to  lay  track. — The  Missouri  Railroad 

iCompany  are  hereby  authorized  to  lay  a  railroad  track  in  the  city  of  St.  Louis,  along 
jSlith  street,  from  Market  to  Chestnut  street;  thence  westwardly.  along  Chestnut 
wireet.  to  Nineteenth  street,  thence  southwardly,  along  Nineteenth  street,  to  Market 
istreet;  thence  westwardly.  along  Market  street,  to  .\dolph  street;  thence  south- 
wardly, along  Adolph  street,  to  Clark  avenue;  thence  westwardly.  along  Clark  ave- 
nue, to  Summit  avenue;  thence  northwardly,  along  Summit  avenue,  to  Market  street, 
or  to  MancUfster  road;  thence  eastwardly.  along  said  road,  to  connect  with  the  track 
now  laid  along  said  road.     (Laws  1863.  p.  lOS. ) 

Sec.  609.      Like  provisions  ns  to  snme  railroad. — Until  such  time  as  Chestnut 
(treet  shall  be  graded  and  macadamized   from  Eighteenth  to  Nineteenth  streets,  the 


210  STATE   LAWS  SPECIALLY  APPLICABLE  TO   ST.   LOUIS.  [CHAP.   3.1. 

said  railroad  company  is  auttiorized  to  lay  a  track  along  Eighteenth  street,  from 
Chestnut  street,  to  connect  with  the  track  now,  or  to  be,  laid  on  Market  street.  The 
track  in  Adolph  street,  Clark  avenue.  Summit  avenue  and  Market  street  road,  shall 
be  laid  within  six  months  after  the  same  shall  be  graded  and  macadamized.  The  said 
company  is  hereby  authorized  to  lay  a  track  connecting  with  track  now  laid  on  Mar- 
ket and  Olive  street  along  any  street  west  of  Eighteenth  street.     (Laws  1803,  p.  108.) 

Sec.  filO.  Proviso^iinposiiig  conditions  on  sanje  road. — The  foregoing  au- 
thority [two  preceding  sections]  is  granted  to  said  company;  provided,  it  relinquishes 
the  right  to  lay  a  double  track  along  Market  street,  granted  by  an  act  of  the  General 
Assembly  of  the  State  of  Missouri,  approved  January  16,  ISCO;  and  provided  further, 
that  the  said  company  shall  take  up  the  switches  now  laid  in  Market  street,  as  soon 
as  the  tracks  herein  authorized  to  be  laid  shall  have  been  made  available  for  use 
(Laws  1863,  p.   108.) 

Sec.  611.  Act  amendatory  of  certain  acts. — This  act  shall  be  an  amendment 
to  each  of  the  several  acts  incorporating  the  street  railway  companies  In  the  city  of 
St.  Louis  now  in  operation  and  carrying  passengers  in  said  city,  upon  tlieir  filing  a 
writen  acceptance  of  the  provisions  of  this  act  in  the  office  of  the  secretary  of  state, 
(i^aws  1809,  p.  218.) 

Sec.  012.  Reference  to  certain  ciiarters. — For  charters  of  further  companies, 
see 

"An  act  to  incorporate  the  Laclede  Railroad  Company;" 
"An  act  to  establish  the  Lindell  Railway  Company;" 

"An  act  to  incorporate  the  Bellefontaine  Railway  Company  of  St.  Louis;" 
"An  act  to  consolidate  certain  roads;" 

"An  act  to  incorporate  the  Tower  Grove  and  Lafayette  Railroad  Company  of 
St.   Louis;" 

"An   act   to  amend   an   act  entitled   'an   act  incorporating  the  Tower  Grove  and 
Lafayette  Railroad  Company  of  St.  Louis,'  approved  February  15,  1864;"  and 
"An  act  to  incorporate  the  Bremen  and  Cemetery  Railroad  Company." 

Sec.  613.  May  lay  tracks  when  consent  of  city  lias  already  been  given. — All 
existing  street  railroad  conii>anies,  organized  under  the  laws  of  this  state,  which 
have  acquired  the  consent  of  the  municipal  authorities  oi  any  city,  town  or  village 
to  the  use  and  occupancy  by  a  defined  route  of  any  of  the  streets  of  such  city,  town 
or  village,  for  street  railroad  purposes,  are  hereby  authorized  and  empowered  to 
lay  their  track  or  tracks,  and  operate  their  cars  thereon,  or  operate  their  roads 
already  constructed  on  the  street  or  streets,  for  the  full  time  (of)  such  consent  has 
already  been  given,  notwithstanding  such  road  or  roads  may  be  nearer  to  a  parallel 
road  than  the  third  parallel  street  from  any  road  now  constructed.  (Laws  1881, 
page  84;    R.   S.   1899,   sec.   1175.) 

Sec.  014.  May  construct  road,  when  consent  of  city  has  already  been  given. — 
All  existing  street  railroad  companies  organized  under  the  laws  of  this  state,  and 
all  railroad  companies  authorized  to  propel  their  cars,  in  whole  or  in  part,  by 
means  of  a  cable  under  the  surface  of  the  street,  which  have  acquired  the  consent 
of  the  municiija!  authorities  of  any  city,  town  or  village  to  the  use  and  occupancy 
by  a  defined  route  of  any  of  the  streets  of  such  city,  town  or  village  for  street  rail- 
road purposes,  are  hereby  authorized  and  empowered  to  construct  their  road-beds, 
including  conduit  for  cable,  and  lay  their  track  or  tracks,  and  operate  their  cars 
thereon  for  the  full  time  for  which  such  consent  has  already  been  given,  notwith- 
standing such  roau  or  roads  may  be  nearer  to  a  parallel  road  than  the  third  parallel 
street  from  any  road  now  constructed.     (Laws  1885.  p.  94;  R.  S.  1899,  sec.  1170.) 

Sec.  615.  Section  repealed. — Section  3  of  an  act  entitled  "An  act  concerning 
street  railroads  in  the  city  of  St.  Louis,"  approved  January  16,  1860,  in  so  far  as  the 
same  is  inconsistent  with  or  repugnant  to  the  provisions  of  this  chapter,  is  hereby 
repealed.      (Laws  1885,  p.  94;   R.  S.  1899.  sec.  1177.) 

Sec.  610.  Roads  may  be  used  to  carry  mails. — Street  railroad  companies  are 
hereby  authorized,  for  such  compensation  as  may  be  agreed  upon,  to  permit  their 
roads  to  be  used  for  carrying  and  distrilniting  United  States  mail  along  the  routes 
of  such  roads,  and  to  furnish  proper  facilities  therefor:  Provided,  however,  that 
such  use  shall  not  impede  or  delay  the  transportation  of  passengers  over  such  roads. 
(Laws  1891,  p.  97;   R.  S.  1899,  sec.  1178.) 

Sec.  617.  Street  railroads  operating  cars  by  electricity  or  overhead  wires — 
guard  wires  and  fenders. — All  street  railway  companies  or  corporations  operating 
cars  by  electricity,  or  by  overhead  wires,  shall  construct  and  maintain  its  wires 
at  a  height  of  not  less  than  twenty-two  feet  above  the  top  of  the  rail  of  the  railroad 
trad;  crossed  iiy  such  street  railway  company,  and  tue  wires  of  such  street  railway 
company  shall  be  guarded,  or  provided  with  fenders  or  guard  wires,  so  as  to  prevent 
the  same  from  coming  in  contact  with  the  cars,  tr.ack  or  telegraph  line  along  the 
track  of  such   railroail  company.     (Laws  1899.  p.  374;   R.  S.  1899,  sec.  1179.) 

Sec.  01  S.  Knt.v  of  street  railway  companies  where  tracks  cross  railroad  tracks. 
— It   shall   be   the  duty   of  every  street    railway  company   or  corporation   operatinii:  a 


CHAP.   33. 1  STATE  LAWS  SPECIALLY  APPLICABLE  TO  ST.    LOUIS.  217 

Street  railway  across  the  tracks  of  a  railroad  company  to  bring  Us  cars  to  a  full 
stop  at  least  ten  and  not  more  than  twenty  feet  before  reachlnt;  the  tracks  of  the 
railroad  company.  And  ii  shall  be  the  duty  of  the  conductor,  or  some  other  employe 
of  the  street  railway  company,  to  go  forward  to  the  tracks  of  such  railroad  com- 
pany for  the  purpose  of  ascertaining  whether  a  train  is  approaching  such  crossing. 
(Laws  1895.  p.  123:  K.  S.  1S99.  sec.  llSd— r. ) 

Sec.  619.  .^lay  construct  iiiid  opcrali'  .strccl  riiiluay.s  over  bridges  coniicct4nK 
any  city  in  Ibis  state  with  any  city  of  lui  adjoining  slate. — Any  company  owning, 
leasing,  operating  or  controlling  a  bridge  connecting  any  city,  town  or  village  in  this 
state,  with  any  city,  town  or  village  of  any  adjoining  state,  may  lease,  own.  construct 
and  operate  a  street  railway  over  such  bridge  and  in  such  cities,  town  or  villages  and 
counties  In  which  same  may  be  situated,  and  in  adjoining  counties,  and  may 
also  acquire  and  bold  stock  and  guarantee  bonds  of  any  company  operating  sucli 
street  railway  or  railways.     (Laws  1S97.  p.  9S;  R.  S.  1899.  sec.  1181.) 

Sec.  (320.  Sales  of  ruihvny  eqiiipiuent  and  ■'ullin)<;  stock— conditional  .stock. — 
In  any  contract  for  the  sale  of  railroad  or  street  railway  equipment,  or  rolling 
stock,  it  shall  be  lawful  to  agree  that  the  title  to  the  property  sold,  or  contracted 
to  be  sold,  although  possession  thereof  may  be  delivered  immediately,  or  at  any 
time  or  times  subsequently,  shall  not  vest  in  the  purchaser  until  the  purchase 
price  shall  be  fully  paid,  or  that  the  seller  shall  have  and  retain  a  lien  thereon  for 
the  unpaid  purchase  money:  and  in  any  contract  for  the  leasing  or  hiring  of  such 
property,  it  shall  be  lawful  to  stipulate  for  a  conditional  sale  thereof  at  the  termina- 
tion of  such  contract,  and  that  the  rentals  or  amounts  to  be  received  under  such 
contract  may.  as  paid,  be  aiiplied  and  treated  as  purchase  money,  and  that  the  title 
to  the  property  shall  not  vest  in  the  lessee  or  bailee  until  the  purchase  price  shall 
have  been  paid  In  full,  and  until  the  terms  of  the  contract  shall  have  been  fully 
performed,  notwitnstanding  delivery  to  and  possession  by  such  lessee  or  bailee: 
Provitleil.  that  no  such  contract  shall  be  valid  as  against  any  subsequent  judgment 
creditor,  or  any  subsequent  bona  fide  purchaser  for  value  and  without  notice,  unless: 

First.  The  same  shall  be  evidenced  by  an  instrujnent  executed  by  the  parties, 
and  duly  acknowledged  by  the  vendee  or  lessee  or  bailee,  as  the  case  may  be.  or 
duly  approved  before  some  person  authorized  by  law  to  take  acknowledgment  of  deeds. 
and  in  the  same  manner  as  deeds  are  acknowledged  or  proved: 

Second.  Such  instrument  shall  be  filed  for  record  in  the  office  of  the  secretary 
of  state; 

Third.  Each  locomotive  engine  or  car  so  sold,  leased  or  hired,  or  contracted 
to  be  sold,  leased  or  hired,  as  aforesaid,  shall  have  the  name  of  the  vendor,  lessor 
or  bailor  plainly  marked  on  each  side  thereof,  followed  by  the  word  "owner,"  or 
"lessor,"  or  "bailor,"  as  the  case  may  be.  which  mark  or  marks  shall  be  effaced 
Immediately  upon  the  payment  or  satisfaction  of  the  indebtedness  or  Incumbrance 
thereon:  and  every  corporation,  person  or  persons,  which  shall  fail,  neglect  or 
refuse  to  comply  with  this  provision,  shall  forfeit  and  pay  for  such  failure,  neglect 
or  refusal  the  sum  of  five  dollars  for  every  day  the  same  shall  be  continued,  for 
each  piece  of  property  so  marked,  to  be  sued  for  and  recovered  in  the  name  of  the 
people  of  the  state,  by  the  attorney-general,  in  any  court  of  cognizance  thereof,  to 
be  paid  Into  the  state  treasury  in  the  same  manner  as  fees  hereinafter  provided 
by  this  act.     (Laws  1899,  p.  374:  R.  S.  1899,  sec.  1182.) 

Sec.  621.  Conditional  coiitriict.s  of  sale  or  lease  to  be  recorded. — The  contracts 
herein  authorized  shall  be  recorded  by  the  secretary  of  state  In  a  book  of  records 
to  be  kept  for  that  purpose.  And  on  payment  in  full  of  the  purchase  money,  and 
the  performance  of  the  terms  and  conditions  stipulated  in  any  such  contract,  a 
declaration  In  writing  to  that  effect  may  be  made  by  the  vendor,  lessor  or  bailor, 
or  his  or  its  assignee,  which  declaration  may  be  made  on  the  margin  of  the  record 
of  the  contract,  duly  attested,  or  it  may  be  made  by  a  separate  instrument,  to  be 
acknowledged  by  the  vendor,  lessor  or  bailor,  or  his  or  its  assignee,  and  recorded 
aa  aforesaid.  And  for  such  services  the  secretary  of  state  shall  be  entitled  to  a  fee 
of  twenty-five  dollars,  and  one  dollar  In  addition  for  every  hundred  words  in  excess 
of  one  thousand  words,  for  recording  each  of  said  contracts  and  each  of  said  declara- 
tions. And  a  fee  of  ten  dollars  for  noting  such  declaration  on  the  margin  of  the 
record;  and  all  such  fees  shall  be  paid  by  him  into  the  state  treasury  and  added 
to  the  "seminary  fund,"  in  accordance  with  the  provisions  of  section  eight  thousand 
and  eight  hundred  and  twenty  (8820)  of  the  Revised  Statutes  of  1889.  (Laws  1S99, 
p.  374;  R.  S.  1S99,  sec.  \\fi?,.) 

Sec.  622.  .\ct  not  to  invalidate  ovisting  contracts. — This  article  shall  not  be 
held  to  invalidate,  or  affect  in  any  way.  any  contract  heretofore  made  of  the  kind 
referred  to  In  the  first  section  hereof,  and  any  such  contract  heretofore  made  may, 
upon  compliance  with  the  provisions  of  ibi.s  act  be  rerordpd  a.i  herein  provided. 
(Laws  1899.  p.  374:  R.  S.  1899.  sec.  118) 


(r)     S<>e  similar  ordinance  provision.  Rev.  Code  sec.   186$. 


218  STATE   LAWS  SPECIALLY  APPLICABLE  TO   ST,   LOCIS.  LCHAP.    33. 

Sec.  623.  Sections  517«,  5180  and  5181,  R.  S.  1889,  not  to  apply  to  such 
contract. — Sections  517S,  51S0  and  olSl  of  the  Revised  Statutes  of  Missouri  shall 
not  be  held  to  apply  to  contracts  of  the  kind  referred  to  in  section  1  of  this  act 
(Laws   1895,   p.   11/;    K.   S.   1899,  sec.   1185.) 

Sec.  62  4.  Kequirenients  for  incorporating  sti-cct  railway  companies. — Any 
jumber  of  persons  not  less  than  five,  may  form  a  company  for  the  purpose  of  con- 
structing, maintaining  and  operating  a  street  railroad  for  public  use  in  the  con- 
veyance of  persons,  mail  and  express  parcels;  and  for  that  purpose  may  make  and 
sign  articles  of  association  in  which  shall  be  stated  the  name  of  the  company, 
the  number  of  years  the  same  is  to  continue,  the  city  and  county  in  which  the 
road  is  to  be  constructed  or  maintained  and  operated,  the  amount  of  the  capital 
stock,  common  and  preferred,  of  the  company,  and  the  number  of  shares  of  which 
said  capital  stock  shall  consist,  and  the  names  and  places  of  residence  of  the 
directors,  not  less  than  five  nor  more  than  thirteen  in  number,  who  shall  manage 
its  affairs  for  the  first  year  and  until  others  are  chosen  in  their  places.  Each  sub- 
scriber to  such  articles  of  association  shall  subscribe  thereto  his  name,  place  of  resi- 
dence and  the  number  of  shares  of  stock  he  agrees  to  take  in  said  company.  When 
one-half  of  the  capital  stock  shall  have  been  subscribed  and  ten  per  cent,  thereon 
paid  in  good  faith  to  the  directors  named  in  said  articles  of  association,  and  an 
affidavit  annexed  thereto,  made  by  at  least  three  of  the  directors  named  therein, 
that  one-half  of  the  stock  of  the  said  proposed  corporation  has  been  in  good  faith 
subscribed,  and  ten  per  cent,  of  the  amount  so  subscribed  has  been  paid,  and  that 
it  is  intended  in  good  faith  to  construct  or  maintain  and  operate  the  road  mentioned 
in  such  articles  of  association,  the  said  articles  of  association  shall  be  filed  and 
recorded  in  the  office  of  the  secretary  of  state,  and  thereupon  the  said  association 
shall  by  the  name  mentioned  in  the  said  articles  of  association  become  a  body 
politic  and  corporate  with  the  powers,  rights  and  franchises  hereinafter  specified: 
Provided,  the  said  articles  of  association  shall  not  be  filed  and  recorded  until  such 
association  or  corporation  shall  pay  into  the  state  treasury  fifty  dollars  for  the  first 
fifty  thousand  dollars  or  less  of  the  capital  stock  of  the  corporation,  and  a  further 
sum  of  five  dollars  for  every  additional  ten  thousand  dollars  of  its  capital  stock. 
(Laws  1899,  p.  374;  R.  S.  1899,  sec.  11S6.) 

Sec.  62  5.  Powers  of  corporation. — Every  corporation  formed  under  the  pro- 
visions of  this  act  shall  have  power: 

First,  to  construct  or  maintain  and  operate  its  railroad  along,  across  or  over 
the  streets  of  any  incorporated  city  or  town  or  the  roads  of  any  county:  Provided, 
the  consent  thereto  of  the  municipal  authorities  of  such  city  or  tow-n  or  the  county 
court  of  such  county  is  first  obtained:  Provided,  municipal  authorities  of  cities  or 
towns  shall  not  grant  the  right  of  way  over,  along  or  across  any  street,  except  upon 
the  petition  of  the  owners  of  the  land  representing  more  than  one-half  the  frontage 
of  the  street  or  so  much  thereof  as  is  sought  to  be  used  for  street  car  purposes,  and 
when  the  street  or  parts  thereof  that  is  sought  to  be  used  shall  be  more  than  one 
mile  in  extent,  no  petition  of  land  owners  shall  be  valid  unless  the  same  shall  be 
signed  by  the  owners  of  the  land  representing  more  than  one-half  the  frontage  of 
each  mile,  and  of  the  fraction  of  the  mile,  if  any,  in  excess  of  the  whole  mile, 
measuring  from  the  initial  point  named  in  such  petition  [of],  such  street  or  parts 
thereof  sought  to  be  used  for  such  purposes. 

Second,  to  operate  its  road  by  animal,  cable,  electric  or  other  motive  power,  as 
the  consent  of  the  use  of  w-hieh  said  power  may  be  obtained  from  the  public  authori- 
ties of  such  city,  town  or  county. 

Third,  to  receive  and  collect  such  fares  for  the  transportation  of  persons,  ex- 
press and  mails  as  may  be  provided  in  the  said  consent  of  said  public  authorities 
of  such  city,  town  or  county,  given  as  aforesaid. 

Fourth,  to  acquire  by  grant  a  right  of  way  not  to  exceed  fifty  feet  in  width 
over  private  property,  and  to  construct  or  maintain  and  operate  its  road  thereon. 

Fifth,  to  purchase  and  acquire  depots,  power-house  sites  or  terminals. 

Sixth,  to  issue  bonds  payable  in  such  amount  and  at  such  times  and  places  as  it 
deems  best,  and  may  dispose  of  the  same  for  the  purposes  of  its  incorporation,  and, 
to  secure  payment  of  the  same,  may  mortgage  its  property,  real  and  personal,  and 
also  the  franchises  of  the  company. 

Seventh,  to  purchase,  lease  or  acquire  by  other  lawful  contract,  which  shall 
include  the  right  to  purchase  the  capital  stock  and  bonds  of  other  street  railroad 
companies,  and  to  hold  and  dispose  of  the  same,  and  to  hold,  use  and  operate  any 
street  railroad  or  roads,  with  all  and  singular  its  or  their  franchises  and  properties 
of  every  descri])tion  belonging  to  any  other  street  railroad  corporation  or  corpora- 
tions: Provided,  that  such  purchase,  lease  or  other  contract  be  authorized  or  ap- 
proved by  the  vote  of  the  holders  of  two-thirds  in  amount  of  the  capital  stock  of 
the  company  so  purchasing,  leasing  or  otherwise  contracting  therefor  at  a  meeting 
called  for  that  puri)ose  upon  twenty  days'  notice,  published  in  some  newspaper  of 
the  city  or  county  where  the  general  office  of  such  street  railroad  company  may  he 


CMAI'.   33A.]  STATK   LAWS  SPECIALLY   APPLICABLR  TO  ST.    LOULS.  219 

located,  or  by  written  notice  mailed  to  the  last  known  address  of  eacli  registered 
stockholder  twenty  days  before  such  meeting:  and  iirovided  further,  such  roads 
connect  with  or  intersect  each  other,  so  as  to  allow  a  single  passage  one  way  over 
each  road  for  a  single  fare. 

Kighth.  to  sell,  lease  or  dispose  of  by  any  other  lawful  contract,  to  any  other 
street  railroad  company,  its  railroad  rights,  franchises,  including  the  right  to  be  a 
corporation,  and  all  and  singular  its  other  properties  of  every  character  and  descrip- 
tion; I'rovided,  that  such  sale,  lease  or  other  contract,  disposing  of  its  railroad, 
franchises  and  other  properties,  shall  be  first  authorized  or  approved  by  the  vote 
of  two-thirds  In  amount  of  the  holders  of  its  capital  stock  at  a  regular  or  called 
meeting  of  its  stockholders  convened  pursuant  to  such  notice  as  is  required  in  the 
next  preceding  clause. 

Ninth,  to  have  and  enjoy  all  such  other  powers  and  franchises  as  are  usually 
bad.  enjoyed  and  exercised  by  street  railroad  companies,  in  addition  to  the  powers 
hereinbefore  enumerated.     (Laws  1S!H>.  p.  :!7-l;   R.  S.  1S99.  sec.  11S7 — s.) 

Sec.  62 1).  Street  railway  companies  required  to  accept  provisions  of  tlii-s  act. 
— Any  street  railroad  company  heretofore  organized  under  any  general  or  special 
law  of  this  state,  may  have  and  enjoy  all  the  benefits,  powers  and  i)rivileges  of  this 
act  by  filing  in  the  office  of  the  secretary  of  state  a  resolution  of  its  board  of  directors 
accepting  the  provisions  of  this  act,  and  paying  into  the  state  treasury  the  same 
fees  as  provided  in  section  1"  \  W^i}]  of  this  act.  ( I,a\vs  1S99.  p.  MT I ;  R.  S.  1,S99, 
sec.  1188.) 

Sec.  627.  Iiicrca.se  of  capital  slock  and  liontlcd  indebtedness  provided  for. — 
Any  company  formed  under  this  act  or  accepting  the  provisions  thereof,  may  increase 
Its  capital  stock  or  bonded  indebtedness  from  time  to  time  by  the  authority  of  the 
vote  of  a  majority  of  the  stockholders  of  such  company  at  a  regular  annual  election 
for  the  directors  thereof,  or  at  a  special  meeting  of  the  stockholders  of  said  company 
edited  to  consider  the  same,  upon  sixty  days'  |)ublic  notice.  (Laws  1899,  p.  374; 
R.  S.  1S99.  sec.  11.S9. » 

Sec.  62  S.  I'refcrrt'd  stock  authorized. — .-\ny  railroad  company  organized  under 
the  provisions  of  this  act.  or  accepting  the  provisions  thereof,  may  issue  preferred 
stock  for  such  amount  and  upon  such  terms  and  conditions  as  the  board  of  directors 
may  prescribe,  by  and  with  the  consent  of  the  shareholders  of  such  company  ex- 
pressed at  a  regular  or  special  meeting  of  such  stockholders  called  upon  twenty 
days'  published  notice  or  twenty  ilays'  written  notice  to  each  registered  stockholder 
addressed  to  hini  at  his  last  known  address.     (Laws  1899.  p.  S7t;  R.  S.  1899,  sec.  1190.) 

Sec.  629.  Sj'ctioiis  82»8,  H2»!>,  8;H«»  and  H:{(>1,  K.  S.  I«8»,  not  repealed. — 
Nothing  In  this  act  shall  be  construed  as  repealing  sections  8298.  S299,  8300,  8301,  of 
the  Revised  Statutes  of  1889,  and  an  act  entitled  "An  act  concerning  street  railroads 
In  the  city  of  St.  Louis,"  approved  January  IG.  1860.     (Laws  1899,  j).  374.) 

Sec.  630.  Knicrijency  clause. — The  fact  that  the  law  in  reference  to  street 
railroads  Is  imperfect,  and  that  a  necessity  for  a  full  and  complete  law  relating 
thereto  exists  creates  an  emergency  within  the  meaning  of  the  constitution  why  this 
act  shoulil  lake  effect  at  once;  therefore,  this  act  shall  take  effect  and  be  in  force  from 
and  after  Its  passaire      (Laws  1899.  p.  374 — t.) 


CH.APTBR  THIRTY-THREE  A. 

SfBWAYS.* 

Sec.  630a.  Sul)\vays  owned  by  cities. — All  cities  in  this  state  having  one 
hundred  thousand  inhabitants  or  over  are  hereby  authorized  and  empowered  to 
build  or  to  acquire,  by  purchase  or  otherwise,  within  their  respective  corporate 
limits,  a  subway  or  subways,  to  be  exclusively  owned  by  such  cities,  with  such 
suitable  approaches,  connections,  loops,  turn-outs,  sidings,  stations,  exits,  entrances 
and  other  appurtenances,  and  land,  right  of  way  and  easements  and  estates  and 
rights  In  lands,  including  the  right  to  go  on.  under  or  above  the 
surface,  as  may  be  necessary  or  expedient  for  the  construction  and  efficient  use  of 
such  subway  or  subways  for  the  transportation  of  persons,  baggage,  express  and 
freight,  and  for  cars,  other  means  of  transportation,  i)ipes.  wires  and  cables  used 
for  public  service  purposes.      (Laws   19ii7,   p.    117,  sec.    1.) 

Sec.  630b.  Powers  of  city — liiiiiliuioii  of  powers. — All  such  cities  may  oper- 
ate or  may  lease  such   subway   or  subways,  or  parts  thereof,  on   terms  to   be  fixed 

*Thla  art  l.i  not  technically  applicable  specially  to  St.  Louis,  but  practically  I.h  so, 
and  bencv  It  has  tx-en  Inserted. 

<<)     Con.iolMnd^n   am<-n(lmpnt  referred  to  In  Tanner  vs.  LIndell   Ry.  Co..   IRO  Mo.   1. 

This  section  Is  111  -il   In  oonn-Ttlon  with  the  relotlons  hetwenn   the  t^nlted   Rys. 

I  Co.  and  the     st     I  nH  Co..   In   tii--  r>Tent  ca.se  of  Moor.oliend   v.i.   I'nlted   Hy«.  Co.. 

I  >l»  Mo     App    311  which   wn.i   <rrtllicd    to    the   Supreme   Court   and   atririned    In 

1  P*bruar>'.  190T  (n"t  r-  ["'rlcd  at  this  writing). 

(/I      .See  Moorshead  v!!.   fnlled   ftys.  Co..   119  Mo.   App.   541,  567    (ccrtlfled  to  Supreme 
I  Court  an, I  „ffir..,..,|   In   Feb.  1907). 


220  STATE  LAWS  SPECIALLY  APPLICABLE   TO  ST.    LOUIS.       [CHAP.   34. 

by  said  cities.  Such  cities  may  contract  for  the  purchase  or  construction  of  such 
subway  or  subways,  and  for  lease  of  same,  and  may  grant  rights  therein,  or  in 
any  part  thereof,  upon  such  terms  as  they  may  deem  best,  for  cars,  other  means  of 
transportation,  pipes,  wires  and  cables  used  for  public  service  purposes.  But  no 
such  lease  or  grant  shall  be  made  for  a  longer  period  than  fifty  years.  And  such 
cities  may  regulate  the  use  of  such  subway  or  subways,  and  of  the  construction 
and  operation  of  cars,  other  means  of  transportation,  pipes,  wires  and  cablea 
used  therein:  Provided,  that  such  city  shall  not  lease,  grant  or  let  such  street  rail- 
road, street  railroad  system,  subway  or  subways,  or  any  part  thereof,  or  rights 
therein,  for  any  purpose  whatever,  without  the  assent  of  a  majority  of  the  qualified 
voters  of  such  city  voting  for  or  against  such  lease,  grant  or  letting  at  an  election 
held  for  that  purpose.     (lb.,  sec.  2.) 

Sec.  630c.  Bonds. — Any  such  city  may  issue  and  sell,  at  not  less  than  par. 
its  bonds,  payable  out  of  the  revenue  or  income  from  such  subway  or  subways 
(lb.,  sec.  3.)  ■  , 

CHAPTER  THIRTY-FOUR. 

TOSACCO,  petroleum  AND   BEER  INSPECTION. 

Art.    1.      Petroleum  inspection. 

Art.    2.     Tobacco  inspection. 

Art.   3.      Beer  and  grain  inspection. 

ARTICLE   I. 

INSPECTION   OP   PETROLEUM.* 

Sec.  631.  Compensation,  etc. — Each  inspector  shall  demand,  collect  and 
receive  from  the  owner  or  person  calling  upon  him  to  inspect,  or  for  whom 
he  shall  make  any  inspection,  fees  at  the  following  rates  for  inspecting  or  test- 
ing, gauging  and  branding  said  oils  or  fluids  under  this  article,  to  wit:  For 
each  barrel  or  larger  package  the  sum  of  twelve  cents;  for  each  small  package 
the  sum  of  six  cents;  and  when  an  inspection  in  bulk  is  made,  in  the  manner  pro- 
vided in  section  75S6,  the  sum  of  twelve  cents  for  each  barrel  or  other  package 
filled,  gauged  and  branded  according  to  the  provisions  of  said  section;  Provided, 
that  all  cities  in  the  state,  which  may  now  have  or  may  hereafter  have  a  popu- 
lation of  three  hundred  thousand  inhabitants  or  more,  the  said  inspector  of  oils 
and  petroleum  shall  have  and  retain  seven  thous.and  dollars  out  of  the  said  fees 
collected  for  inspections  as  herein  stated  and  required  of  him.  as  and  for  his 
full  compensation,  fees  and  salary,  and  out  of  which  he  shall  pay  all  clerical  hire 
and  other  employes  and  all  expenses  of  whatever  character  in  the  management 
and  conduct  of  the  business  of  his  office;  and  the  balance  of  said  fees  so  collected 
over  and  above  the  said  sum  of  seven  thousand  dollars,  he  shall  pay  over  to  the 
treasurer  of  the  state  of  Missouri,  to  be  placed  to  the  credit  of  the  general  revenue 
fund  of  the  state.  Said  inspector  shall  at  the  time  of  said  payments  to  the 
treas\irer,  take  a  receipt  and  duplicate  receipt  therefor.  The  original  he  shall 
file  with  the  state  auditor  and  the  duplicate  he  shall  file  in  his  own  office  and 
keep  as  a  part  of  the  records  thereof.  Said  payments  shall  be  made  to  the  treas- 
urer on  the  second  Monday  in  .January  and  July  of  each  and  every  year,  and  said 
inspectors  shall  on  said  dates  file  a  full,  true,  complete  and  sworn  statement  with 
the  auditor  of  the  state  of  all  oils  inspected  during  the  six  months  preceding  and 
since  his  last  statement  and  settlement,  also  containing  the  names  of  the  per- 
sons, firms  or  corporations  for  whom  inspections  were  made  and  number  of 
gallons  of  oils  inspected,  barrels  gauged  and  branded.     (R.  S.  1S99,  sec.  7593 — -u.) 

ARTICLE  II. 

INSPECTION     OF    TOBACCO. 

Sec.  63  2.  Inspection  of  tobacco — term  of  office,  and  qualifications  of  in- 
spector.— There  is  hereby  established  in  the  city  of  St.  Louis.  Missouri,  a  tobacco 
inspection.      The   governor    shall    appoint   in    the   City   of   St.    Louis   an    Inspector 

•The  inspection  of  Petroleum  in  general  is  covered  Ijy  Rev.  St.  1S99.  sees.  75S2-7597, 
applying  to  St.  Louis.  Hannibal.  St.  Joseph.  Kansas  City  and  such  otlier  towns  as  may 
petition  the  Governor  therefor.  The  only  section  peculiarly  applicable  to  St.  Louis  is  the 
one  relating  to  compensation,  which  is  herein  set  out. 

(«)  This  statute  was  upheld  as  constitutional  in  State  ex  rel.  vs. 
Speed.  183  Mo.  186.  It  was  also  there  held  that  the  ?7.000  provision  means  annually,  not 
semi-annually.  The  inspector  has  no  authority  to  inspect  oils  outside  the  limits  of 
the  city:  State  ex  rel  vs.  White.  75  Mo.  465.  468.  Term  of  office:  State  ex  rel  vs.  Stone- 
street.  99  Mo.  361.  Duties  of  Inspectors,  rules  of  inspection:  .See  State  ex  rel  vs.  Bag- 
gott.  96  Mo.  63;  Priest  vs.  Tank  Co..  51  Mo.  App.  205;  State  vs.  Parsons,  12  Mo.  App.  205, 
Liability  on  Bond:     Co.  Court  vs.  Fossett,  65  Mo.   418. 


ART.    1-2.]  STATE  LAWS  SPECIALLY  APPLICABLIO  TO  ST.    LOUIS.  221 

of  tobacco,  who  shall  huUl  his  office  for  two  years;  said  inspector  shall  be  a 
discreet,  suitable  person,  and  shall  not  be  interested  in  any  of  the  tobacco  ware- 
houses selling  leaf  tobacco  in  the  city  of  St.  Louis  as  a  stockholder  or  otherwise  than 
as  tobacco  Inspector.     (K.  S.  1S99,  sec.  759S.) 

Sec.  t>33.  Duties  of  iiLviiector. — No  inspector  shall  either  buy  or  sell  any 
tobacco,  e.xcept  of  his  own  raising,  but  shall  auctioneer  and  cry  oft  all  inspected 
leaf  tobacco,  for  the  owner  or  agent,  sold  at  the  warehouse.  (R.  S.  1899, 
sec.  7599). 

Sec.  03  4.  His  bond. — The  inspector  shall,  before  he  enters  upon  the  duties 
of  his  office,  enter  into  bond  to  the  city  of  St.  Louis,  to  be  approved  by  the 
mayor  of  said  city,  with  sufficient  security,  in  a  sum  not  less  than  ten  thousand 
dollars,  conditioned  for  the  faithful  performance  of  his  duties  according  to 
law.  which  bond  shall  be  recorded  in  the  office  of  the  city  register  and  filed  in 
the  office  of  the  secretary  of  state,  and  a  certified  copy  thereof  shall  be  evidence. 
<R.  S.  1899,  sec.  TGOO.) 

Sec.  635.  Hooks  to  be  kejit  by  liini. — The  inspector  shall  keep  a  book,  in 
which  shall  be  entered  the  marks  of  all  tobacco  which  he  may  be  required 
to  inspect,  and  he  shall  inspect  and  examine  the  same  in  due  time  as  it  shall 
be  entered  in  such  book,  unless  otherwise  agreed,  without  favor  or  partiality, 
and  shall  attend  at  the  respective  warehouses  during  all  business  hours  of  each 
regular  secular  day,  whenever  called  on  so  to  do.     (R.  P.  1899,  sec.  7601.) 

Sec.  63  6.  IVnalty  for  failing,  to  attend. — Any  inspector  failing  to  attend 
when  so  requested  shall  forfeit  to  the  party  asgrieved  fifty  dollars  for  every 
auch  failure,  or  the  aggrieved  party  may  recover  all  damages  he  may  have  sus- 
tained by  such  failure  by  action  on  the  bond  of  such  inspector  or  by  civil  action. 
(R.  S.  1899,  sec.  7602.) 

Sec.  637.  Charges  and  fees,  by  whom  paid. —  The  purchaser  and  seller 
shall  each  i)ay  one-half  of  all  warehouse  charges,  including?  inspection  fees,  on  all 
tobacco  sold,  but  when  the  sale  of  any  tobacco  offered  is  rejected,  then  the 
owner  or  agent  shall  pay  the  whole  of  the  warehouse  charges,  including  the 
Inspection  fees.     (R.  S.  1S99,  sec.  7603.) 

Sec.  638.  Waifhouse-koeper  to  have  tobacco  inspected. — Any  person  or 
persons  who  may  erect  or  shall  keep  a  tobacco  warehouse  in  the  city  of  St. 
Louis,  for  the  purpose  of  offering  and  selling  leaf  tobacco  prized  in  hogsheads,  shall 
have  such  tobacco  inspected  before  sale,  by  the  state  inspector  appointed  in  and 
for  the  City  of  St.  Louis,  and  by  no  other.     (R.  S.  1899,  sec.  7604.) 

Sec.  639.  Oath  of  inspector. — The  oath  of  the  inspector  shall  be  in  the  form 
following: 

I. ,  do  solemnly  swear  that  I  will  carefully  and  diligently  inspect  and 

examine  all  tobacco  which  I  may  be  called  on  to  inspect,  and  that  I  will  not 
change,  alter  or  give  out  any  tobacco  as  a  sample  other  than  such  as  shall 
have  been  taken  from  the  hogshead  for  which  the  receipt  to  be  taken  was  given, 
and  that  I  will  not.  directly  or  indirectly,  be  engaged  in  the  manufacturing,  ship- 
ping or  exportation  of  tobacco,  nor  will  I  deal  in  any  manner  in  the  article  during 
the  time  that  I  shall  continue  in  office,  except  as  expressly  permitted  by  law,  but 
that  I  will  in  all  things  well  and  faithfully  discharge  and  perform  my  duty  in  the 
ofOce  of  inspector,  according  to  the  best  of  my  skill  and  judgment,  and  according 
to  the  direction  of  the  law.  without  fear,  favor  or  affection,  malice  or  partiality,  so 
help  me  God.     (  R.  S.  1S99.  sec.  7605.) 

?ec.  640.  To  l)e  filed,  wlu'i-e. — Such  oath  shall  be  filed  in  the  office  of  the 
secretary  of  state,  and  a  violation  thereof  shall  be  deemed  perjury,  and  shall  sub- 
ject the  party,  upon  conviction,  to  the  penalties  of  jierjury.     (R.  S.  1S99.  sec.  7G0G.) 

Sec.  641.  Hogshead.s  to  lie  weighed  and  branded  In-fore  inspection. — The 
Inspector  of  tobacco  shall,  before  any  hogshead  of  tobacco  is  uncased  for  inspection 
by  him.  cause  the  same  to  be  carefully  weighed  and  the  gross  weight  marked  or 
branded   thereon.      ( R.   S.   1S99.  sec.  7607.) 

Sec.  64  2.     .Mwie  of  inspection. — After  a  hogshead  has  been  thus  weighed  and 

niarked   and    branded,   the   inspector   shall    uncase   and   break    the   same   in    not   less 

'an  two  nor  more  than  four  places  and  take  from  each  break  a  like  proportion  of 

ujbacco  as  a  sample   of   the   whole   hogshead    that    he   may   inspect,   and   each    hogs- 

i  head  shall  be  by  him  carefully  weighed   in  the  scales  or  the  balance,  and   with   the 

wcU-tif   kept    in   the  warehouse,   and   shall   be  by   him   marked   with   the   tare   of   tho 

■  ad  and  the  quantities  of  tobacco  therein  contained,  and  also  with  the  words 

"uri  State  Tobacco  Inspection."     i  R.  S.  1899.  sec.  760S.) 

Sec.  643.  Tare  and  net  weight.  —  The  tare,  with  the  addition  of  ten  pounds 
T  weight  of  sample,  shall  be  deducted  from  the  gross  weight:  the  remainder  shall 
•  •'  the  net  weight,  and  the  Inspector  shall  in  all  cases  deliver  to  the  owner  or 
!ip  purchaser  of  any  hogshead  of  tobacco  the  samples  which  were  drawn  from  the  same. 
Whenever  any  hogshead  of  tobacco  shall  have  been  weighed  under  the  superintendence 
"f  the  Inspector,  and  the  net  weight  registered  and  marked  on  such  hogshead  of  tobacco. 


222  STATE   LAWS  SPECIALLY  APPLICABLE   TO  ST.    LOUIS.  [CH.VP.    34. 

he  shall  be  responsible  to  the  jnirchaser,  owner  or  agent  of  the  same  for  the  net 
weight  of  tobacco  so  registered  and  marked  on  such  hogshead  of  tobacco,  reasonable 
allowance  being  made  for  waste  in  handling.     (R.  S.  1899,  sec.  7609.) 

Sec.  64  4.  Samples  to  be  done  up,  liow. — It  shall  be  the  duty  of  the  in- 
spector to  have  all  samples  of  tobacco  drawn  by  him  well  tied,  tagged  and  sealed; 
the  card  or  tag  so  placed  upon  the  sample  shall  contain  the  number,  gross  weight, 
net  weight  and  date  ot  inspection,  and  the  seal  so  used  shall  contain  the  words 
"Missouri  state  tobacco  inspection."      (R.  S.  1S99,  sec.   7610.) 

Sec.  645.  Form  of  certificate  of  insijcction. — The  inspector  shall  issue 
a  certificate  to  the  owner  or  agent  for  each  hogshead  of  tobacco  by  him  inspected, 
which  shall,  as  near  as  possible,  be  in  the  form  following: 

At  warehouse  in  the  city  of  St.   Louis,  in  the  state  of  Missouri,  this 

day  of  19 — ,   inspected   for one   hogshead   of  leaf  tobacco    (strips,   scraps 

or  stems,  as  the  case  may  be),  number,  mark  and  weight  as  follows:  Number  1, 
marks  1.  gross  1,  tare  1,  net  1.    Witness  my  hand,  the  day  and  year  aforesaid. 

A ,  inspector. 

And  the  keeper  or  superintendent  of  any  warehouse  where  such  tobacco  is  left 
on  storage  shall,  upon  every  certificate  issued  by  the  inspector,  certify  upon  the 
face  of  the  same  that  said  tobacco  is  on  storage  and  deliverable  only  on  return 
ot  said  certificate  to  the  holder  thereof.     (R.  S.  1S99,  sec.  7611.) 

Sec.  646.  Hogshead  to  be  restored  to  good  shipping  order. — It  shall  be 
the  duty  of  the  inspector  to  attend  and  see  that  after  the  uncasing  and  inspection 
of  tobacco  the  same  be  replaced  to  its  former  condition,  and  in  good  shipping 
order,  and  that  all  leaf  tobacco  belonging  to  each  and  every  hogshead  so  opened 
and  inspected  be  put  back  as  near  as  possible  to  where  it  belonged  before  the  same 
was  uncased.      (R.   S.    1S99,   sec.   7612.) 

Sec.  647.  Inspector's  fees. — For  every  hogshead  of  tobacco  inspected  in 
the  city  of  St.  Louis,  the  inspector  shall  receive  twenty-five  cents  inspection  fee, 
which  may  be  collected  with  the  other  warehouse  fees.     (R.  S.  1899,  sec.  7613.) 

Sec.  6  48.  Penalty  for  unauthorized  insi)oction. — If  any  person  other  than 
the  inspector  shall  inspect  any  hogshead  of  tobacco  within  the  city  of  St.  Louis, 
or  if  any  person  occupying  any  store  or  warehouse  within  the  city  of  St.  Louis 
shall  suffer  or  permit  any  person  other  than  the  inspector  to  inspect  any  hogshead 
of  tobacco  upon  the  premises  occupied  by  him,  such  person  inspecting  the  tobacco 
and  such  person  or  persons  suffering  or  permitting  such  illegal  inspection,  shall 
each  be  fined  in  the  sum  of  one  hundred  dollars  for  every  hogshead  of  tobacco  so 
inspected  to  the  use  of  the  state,  to  lie  recovered  by  indictment.  (R.  S.  1899,  sec.  7614.) 

Sec.  6  4  9.  Scales  and  hands,  by  whom  furnished. — No  inspector  shall  be  re- 
quired to  furnish  scales  or  hands  to  strip  or  break  tobacco,  but  the  same  shall  be 
furnished  by  the  warehouse  or  any  person  or  persons  that  may  have  tobacco  in- 
spected in  the  city  of  St.  Louis.     (R.  S.  1899,  sec.  7615.) 

Sec.  65  0.  Fraudulently  packed  hogsheads  to  be  marked,  how. — In  case  the 
inspector  in  the  inspecting  or  sampling  of  any  hogshead  of  tobacco  shall  find  any 
evidence  or  indication  of  its  being  falsely  or  fraudulently  packed,  it  shall  be  his 
duty  to  write  across  the  face  of  his  certificate  and  across  the  face  of  the  tag  in  red 
ink,  "falsely  or  fraudulently  packed."  and  he  shall  further  give  notice  to  the  as- 
sembly of  dealers  before  offering  said  hogshead  of  tobacco  for  sale.  (R.  S.  1899, 
sec.  7616.) 

Sec.  651.  Appointment  and  qualification  of  deputies. — The  inspector  is 
hereby  empowered,  if  necessary  to  the  convenient  dispatch  of  his  respective  du- 
ties, to  ajipoint  one  or  more  deputies  at  his  own  cost,  for  whom  he  shall  be  ac- 
countable, which  deputies  are  hereby  empowered  to  [lerform  duties  of  inspection, 
and  shall  be  liable  to  the  same  penalties  as  the  inspector;  said  deputies  shall  take 
the  same  oath  as  prescribed  for  the  inspector,  and  for  whose  official  conduct  the 
said  inspector  shall  be  liable  upon  his  official  bond.     (R.  S.  1899.  sec.  7617.) 

Sec.  652.  Inspectors  and  warehouse-keepers  not  responsible  for  natural  loss 
in  weights. — Section  7906  shall  not  be  construed  so  as  to  hold  the  inspector  and 
warehouse-keeper,  or  either  of  them,  responsible  for  the  natural  losses  of  weight 
that  may  occur  or  take  place  during  storage  and  while  the  same  is  undergoing  the 
sweat  to  which  leaf  tobacco  is  subject.      (R.  S.   1899,  sec.   7618.) 

Sec.  653.  Sales  of  tobacco  to  be  approved  b,r  the  owner. — All  tobacco  cried 
off,  or  offered  for  sale,  shall  be  subject  to  the  approval  of  the  owner  or  agent 
thereof,  but  it  shall  be  the  duty  of  the  said  owner  or  agent  to  accept  or  reject  the 
sale  of  said  tobacco  before  the  tobacco  sale  is  over  on  that  day;  but  in  the  event 
of  his  failure  to  accept  or  reject  such  sale  witliin  the  time  specified  as  above,  it 
shall  be  at  the  option  of  the  purchaser  to  accept  the  terms  of  said  sale.  (R.  S. 
1899,  sec.  7619.) 


AKT.    3.1  STATI-:   r.AWS  SPKCIAI.I.Y   Al'ITJCABLK  TO  ST.    LOUIS.  223 

Sec.  654.  tVrtirtcatcs  of  iii.^jx'ctioii  negotiable. — The  certificate  of  a  hogs- 
head of  tobacco  issued  by  the  inspector  of  tobacco,  and  countersigned  b.v  the 
keeper  or  superintendent  of  the  warehouse,  shall  be  negotiable,  and  the  ware- 
house, store,  person  or  persons  under  whose  charge  the  package  or  hogshead  of 
tobacco  for  which  said  certificate  was  issued  is  stored,  shall  be  responsible  for  the 
full  value  of  the  same  to  the  holder  of  said  certificate,  loss  or  damage  from  ele- 
mental causes  alone  excepted.      (R.  S.   1899.  sec.   7G20.) 

Sec.  65.'i.  Appointment  of  local  inspectors  in  other  towns. — Nothing  in  this 
article  shall  be  so  construed  as  to  prevent  un.v  other  town,  city  or  county  from 
establishing  tobacco  inspection,  when  twenty  free-holders  shall  petition  the  gov- 
ernor fer  the  appointment  of  a  tobacco  inspector  for  such  local  ins|)ection:  Pro- 
vided, said  inspector  so  appointed  by  the  governor  shall  be  subject  to  all  the  pro- 
visions of  this  article  relating  to  the  qualification,  duties  and  fees  of  the  tobacco 
Inspector  for  the  city  of  St.  Kouis.  e.xcept  so  far  as  regards  the  matter  of  residence 
and  filing  his  bond.     (R.  S.  1899,  sec.  7621.) 

Sec.  6r>fi.  liiuiit  of  warehou.se  fees. — The  warehouse  fees  shall  not  exceed 
three  dollars  for  each  hogshead  Including  inspection  fee  at  anv  one  offer.  (  R.  S. 
1899,  eec.   7622.) 

ARTICLE   III. 

BKER   ANT>    CliAl.V    INSPECTION.' 


CHAPTER  THIRTY-FIVE. 

WORLD'S    FAIR    ANTi    CENTKNNIAL    KXPOSITION.'* 

Section  (•,.■.7.  [Laws  1899.  pp.  130-131  ( R.  S.  1899,  sees.  1  .")23-15,'!,') ) ,  being 
'an  act  authorizing  the  incorporation  of  organizations  designed  for  the  purpose  of 
holding  world's  fairs  and  centennial  expositions,  and  defining  the  powers  and 
duties  of  such  corporations.  Laws  1903,  p.  138,  exempting  such  companies  from 
taxation  and  payment  of  certain  fees,  etc.  .\s  to  appropriations  for  the  Fair  see 
Laws  1901,  p.  39,  Laws  1903,  p.  47.  lb.,  p.  196.]** 

•The    provisions    of   tlie      law      relating      to      grain      Inspection      are    Rev.    St.    1899, 

m»r».  7623-7681.  Inclusive,  and  those  relating  to  beer  Inspection  Rev.  St.  1899,  sees.  7682- 

"•97.  Inclusive.     They  are  botn  of  a  general  nature  and  hence  not  "specially  applicable" 

I    to  Si.    Louis  and    are    therefore   not    herein   set   out.      The   beer   Inspection    law    was   sus- 

,    talnpd  as  constitutional:     State  vs.   BLxman.   162   Mo.    1:    Pabst   Brew.   Co.    vs.   Crenshaw, 

1    IM  V.  S.   17. 

'  ••It      Is      thought      that      a       reference      to      these      acts      may       not       bo      out      of 

■  place,  since  the  Fair  was  held   In  St.  Louis  and  hence  peculiarly  applicable  here   In   ef- 

I   f»ct.  although,   as   the   law   Is  one   general    In    Its   terms,   and    not   technically   applicable 

to  St.   I..OUIS  alone,  and  as  the  fair  of   1904   was  temporary,  and   has  passed   into   history, 

the   provisions   of    the   acts  are    merely    referred    to   as  a   matter  of    convenience,   and    Its 

lengthy  provisions  are  not  set   forth    vrrbatim   In   this  revision.       At   the     election  of  Nov. 

'  S.  1900.  the  constitutional  amendment  was  adopted  authorizing  the  city  to  lssu<?  $5,000.- 

I  000  of  bpnds   in   aid  of   the    Fair,    (amending   Art.    X,   sec.    12),   and    In    pursuance    thereof 

,  the  city    Issued    the    bonds   as    per   ordinances    20641    and    207,'58.      See   also    constitutional 

provisions  .\rt.    IV..   s.c.   45. 
I  For  other  ordinances  connected   with   or  relating   to  World's   Fair  matters,   see  ord. 

I  Mo.  J0412   lauthorlzing  the  use  of  any  of  the  parks  for  the  site).  No.   21201    (temporary 
buildings).   No.    21470    (use  of   frame   buildings  for   temporary    hotels).   No.    21971    (exten- 
sion t'f  time  to   remove  teinporarv   t>ulltllngs).   No.    21479    (closing  certain   streets   during 
I  the  falrl.  No.   20654  and   20669    (library   and   museum   in    Forest   Park),   No.    2L')18    (police 
court   In    Forest    Park,   see    note    to    Rev.    Code.    sec.    1263).   No.    21353    (engine    house    In 
I  Forest  Park):  i»o.  21523   (water  rates;  see  note  to  sec.  2488  of  Rev.  Code). 


INDEX. 


I  NDEX 


-TO 


State  Laws  Specially  Applicable  to 

St,  Louis^ 


ABATEMENT — See  Smote  Abatemrnt. 

ABSTRACTS  OF  JUDGMENTS — See  Circuit  Court. 

ACCOUNT   BOOKS — 


I'lork  of  Justice  court  to  keep, 
constable    to   keep 


cortain  not  to  run  at  large 

til  h.*  arrested  when 

;••   -iTiK  of  stray 

■       if.   how  conducted 

■  r.   whrn    rlnlmed 

to   In  case  of. 


Page. 
116 
116 

Sec. 
192 
193 

81 

S4 

121 

10 

15 

227 

78,79 

78 

1-2 

79 

3 

ACTIONS — 

on    bond    of    constable     or     marshal    In 

case   of   strays 

on     Indemnifying:    bonds 

damaKc  suits  against  city 121  227     note  a 

ADVERTISEMENTS — 

l-irni    letting:    

I. IV    applies  only  to  legal  proceedings..  78  ...      note 

I     '    ish>d    by    mutual    consent   In    other 
ii'-w.spupfrs  valid    

AFFIDAVIT— 

properly    lodged    with    assistant    prose- 
cuting attorney    86  30     noted 

AMKNDMKNT     OF     PLEADINGS.     PRO- 
CESS.  ETC.— 

In  court  of  criminal  correction 

general    sessions    

ANIMALS — See    Parks. 


101 

121 

104 

139  1 

79 

4 

79 

4 

79 

4 

SO 

5 

80 

« 

80 

7 

80 

I 

80 

7 

SO 

S 

80 

9 

SO 

9 

81 

10 

81 

10 

81 

11 

I   under  six  months 
liuw  disposed  of 

irshal     falling    to    per- 

da  of  sale 

■  e   of   public    schools 
vUayii   fruiii  ttdjuliilng  county 

APPEAL— 

from  nnal  order  of  Juvenile  Court 121  221 

M'PKAI^  AND  WRITS  OF  ERROR— 

frnm  Judgments    in    Court    of  Criminal 
Correction lOl  127 


226  INDEX  TO  STATE  LAWS  FOR  ST.   LOUIS. 

APPEALS   FROM  CIRCUIT   COURT—  Page.  Sec. 

in  application  to  have  name  put  on  reg- 
istration   lists    133  267 

APPEALS  FROM  JUSTICE  COURT— 

in    criminal    cases 99  115 

APPEALS  FROM  POLICE  COURT— 

to  be  taken  to  Court  of  Criminal  Cor- 
rection      103  137 

APPRAISEMENT— 

in   suit   for   specific   property S5  25 

ARREST   FOR   FELONY— 

chief  of  police  to  report,  to  circuit  at- 
torney    105  139m 

ARREST  OF  CHILDREN — 

police   to  notif.v  probation  officer  of.  .  .  120  215 

ART    MUSEUM — See      Index  to  Revised  Code. 

annual   tax   for.   may   be   levied,    wlien..  81  lia 

amount   of    tax 81  11a 

tax   shall   cease,   when 81  11a 

tax    has  been    voted  in  St.   Louis  for  1907  81  ...      note 

definition — requirements 82  lib 

to  be  open  as  a  usual  custom  on  holi- 
days      82  lib 

admission  fees,  for  what  use  collected.  82  lib 

appointment   of   board   of   control 82  lie 

to    consist   of    9    members   appointed    by  • 

ma.vor 82  lie 

*    term    of    office — removal 82  lid 

by-laws — powers   of   board — finances...  82  lie 
board  may  appoint  director  and  assi.^t- 

ants 82  lie 

donations      and      bequests — title.       how 

vested S3  lie 

act      takes      effect      under       emergency 

clause   of   constitution S3  llj 

how  far  free  to  public — further  powers 

of   board 82  llf 

report    of    board 83  llg 

when   to  be  made  and  to   show  what...  S3  llg 

what    ordinances    city    may    enact S3  llh 

ASS. — See    Animals. 

ASSEMBLY — See    Munuipal  Assembly. 

ASSESSMENT   OP   PROPERTY — 

plats  and  change  of  assessment 

collector    and    his    dut.v 

powers  and  duties  of  City  Council  as  to 

ASSISTANT  CIRCUIT  ATTORNEY — 

duties  of    

to  devote  entire  time  to  duties 

emplo^'ment  by  others  forbidden,   when 

fees   other   than   salary   forbidden 

violation    of   law   forfeits   office 

penalty  for  same — bribery 

deemed   guilty   of   bribery,   when 

may   be  suspended  upon  indictment.... 

governor   may   appoint   successor 

restoration  to  oftice  prosecution  of  in- 
dictment     

in  St.  Louis  five — how  appointed — pow- 
ers and   duties 

tenure   of   office — removal 

to   attend   grand   jury,    when 

salaries  

authority    of    

circuit  attorney  may  appoint  addition- 
al,   and    deputy 

duties  of — removal    

salary    

circuit  attorney  may  appoint  additional 

duty   of — removal   

salary   of  additional 

additional   may   be  appointed 


1.V4 

46S 

note  n 

1S4 

4fi9 

1S5 

4  TO 

note  p 

86 

29 

87 

39 

87 

40 

87 

41 

87 

42 

87 

43 

87 

43 

87 

44 

87 

44 

88 

45 

88 

46 

88 

48 

SS 

49 

88 

.^)0 

88 

46 

note  j. 

S9 

54a 

89 

54b 

89 

54o 

89 

54a 

89 

54b 

89 

54c 

S9 

54a 

_-ii 


Page. 

Si  9 
89 

Si'c. 
54b 
54c 

93 

83 

96 
96 

95 
95 

96 

95 

104 
105 
125 
125 

139f 
139  1 
242 
243 

86 

30 

86 

31 

86 

32 

86 

30  note  d 

87 

33 

87 

39 

87 

40 

87 

41 

87 

42 

87 

43 

87 

43 

87 

44 

87 

44 

88 

45 

97 

104 

98 

109 

00 

119 

I.NDK.X   TO  STATK    LAWS  FOU  ST.    LOUIS.  '££1 


duty — removal 

salary   

to   pt-rforni   tlutii'S  In   Circuit   Court   for 

Criminal    Causes   

to  nianaK*'  and  conduct  criminal  causes 

In    Clriiilt    Court 

comprnsatlon    thert-for    

to  nianuKi'  and  conduct  criminal  causes 

In   Circuit   Court 

to  conduct   causes   In  Court  of  General 

Sessions   

duties   In  Court  of  General   Sessions... 

flection    conti'St    for 

proceedings,  how  conducted 

ASSISTANT       PROSECUTING        ATTOR- 
NKY— 

election — term^-qualKU-atlons — duties.  .   • 

compensation   ". 

KOV*'rnor   to   commission 

Information    properly    lodged    with.... 

vacancy,    how    tilled 

to  ilevote  entire   time   to  duties 

employment   by  others   forbidden,  when 

fees  other   than   salary    forbidden 

violation   of   law    forfeits   office 

penalt.v   for  same — bribery 

deemed  guilty  of  bribery,  when 

may    be   suspended    upon    Indictment.... 

Kovernor  ma.v  appoint  successor 

restoration   to  office,  prosecution  of  in- 

dlctmint    

for  Court  of  Criminal  Correction 

salary    of     

duties  In  Court  of  Criminal   Correction 

ATTACHMENT — See     Bonds        indrmnifyiNjs. 

offlci'r   may   demand     bond    In     making 

levy 83  12 

money  In  court  under  writ  of,  how  dis- 
tributed      85  23 

Jurisdiction  of  Justice  court   In 115  186 

ATTORN KV — See  OrrmV  Altornry.-  Assislatil 
t  'I'rcut/  Attornty:  Prostfutinx  Attorney;  Assistant 
/*rfistCMting  Attorney. 

ATTORNEY  GENERAL,— 

governor  to  commission 

vacancy,   how  filled 

elected   every    four   years 

AUDITOR  OF  STATE— 

elected   ever>-    four   years 124  237 

HKER  AND  GRAIN   INSPECTION— 

beer   Inspection    law    valid 223 

HKQUF:STS   to    art    museum— see    Art 
Stttseum- 

C.IDS — 

for   legal   advertisements  78  1 

BIM.  Ol"  sale.   FORM  OF— 

when   Impounded   stock    l.s  sold 80  7 

HOARD      OF      EDUCAl  .0.\— See        p„bl,. 
Schools. 

election,  number,  term  of  office,  classi- 
fication,   etc 193  504 

1'>ARI>     OF     ELECTION     COMMISSION- 
ERS— See    Elation  and  R/xislraliim. 

HOARD  OF   POLICE  COMMISSIONERS— 
See    pt,l,te. 

BOARD  OF   PUBLIC   IMPROVEMENTS— 

to    recommend    grading     of     street     or 

change  of   grade,    when 211  585     noto 

nONDS    FOR  SUBWAYS— 

city    may    l.i.«ue 220  630c 


86 

32 

87 

33 

124 

237 

228 


INDEX  TO  STATE   LAWS  FOR 

BONDS,    INDEMNIFYING — 

act.  nature  and  extent  of 

may  be  exacted  when  and  by  what  of- 
ficer      

form  of    •  •, i  ■■•••■«■  ; 

claim  to  be  in  writing  and  verified.... 

what  shall  set  forth 

action   on    

officer  when   not  liable 

when  liable    

objections   to   security    how   made 

effect  of  overruling  objections 

officer  not  protected  when 

where  there  is  more  than  one  claimant 

claim  to  .state  value  of  property 

what  shall   be  deemed 

when    court    may    require    bond 

money  in  court  under  writ,  how  dis- 
tributed   

under  claim  for  specific  property 

BRIBERY— 

circuit  and  prosecuting  attorneys  and 
assistants  deemed  guilty  of  when.  .  . . 

BRIBERY  OF  JURY  COMMISSIONER— 
punishment    

BRIBERY  OF  VOTER— 

at    primary    election 

BRIDGES  AND  TUNNELS— 

power  to  build  or  acquire  and  maintain 
approaches   to    same 

for   use   bv    railroads,   street   cars.   etc.. 

bonds  for  bridge  across  Mississippi 
river    

CAPITAL  STOCK  OF  STREET  RAILROADS— 

increase  of  provided  for 

preferred   stock   authorized 

CARS,  STREET — See  Street  Cars. 

CATTLE — See  Animals. 

CERTIORARI— 

review  of  action  of  nominating  conven- 
tions  by 

CERTIFICATE —      _ 

in   redemption   of   animals 

CHAMBER  OF  COMMERCE- 

may   appoint   flour   inspectors 

CHANGE   OF  VENUE — See  Cimiit  Court. 

to  other  divisions  in  case  of  prejudice 
or   interest    

in  circuit  court  for  criminal  causes  how 
effected     

CHIEF  OF  POLICE- 

to  report  arrest  for  felony  to  circuit  at- 
torney     

CHILDREN — See    Compulsory  Ediualion:    Juve- 
nile Courts. 

CIRCUIT  ATTORNEY^ 

election,    term,    qualifications 

amendment    of    1907 

duties  of  assistant 

sec.    29    presumably    superseded 

compensation     

governor  to   commission 

vacancy   how   filled 

when    to    appear    in    St.    Louis    court    of 

appeals     

compensation    therefor    

may   employ  clerk 


ST.  LOUIS. 

Page. 

Sec. 

So 

26  note  e 

83 

12 

S3 

13 

83 

14 

83 

14 

84 

15 

84 

16 

84 

17 

84 

18 

84 

19 

84 

20 

84 

21 

84 

22 

84 

22 

85 

23 

85 

24 

85 

24 

85 
85 


86 


219 
219 


149 


80 


160 


94 
96 


105 


86 
86 
86 
86 

86 


43 


27 
27 


627 
628 


318 


34S 


85 
96 


139m 


28 
28 
29 

31 
32 
33 

34 
35 
36 


note  b 
note  b 
note  c 


INDEX  TO  STATIC   LAWS  FOH  ST.    LULUS. 


229 


i|ualll1cntions,   tenure  of  office,  removal 

ilutl>»s  of  clerk 

salary  of  clerk  and  how  paid 

to  devote  entire   time   to  duties 

employment   by   others   forbidden,  when 

fees  other  than  salary  forbidden 

violation   of   law    forfeits   ofllce 

penalty    for    same — bribery 

may    be   suspi-nded    upon    Indictment... 

Koveinor   may    appoint    successor 

restoration  to  office  prosecution  of  In- 
diotnnnt     

In  !<l.  Louis  to  appoint  live  assistants.. 

how  ma'di — powt-rs  and  duties 

may  appoint  live  clerks  and  stcnoer- 
raphers     

their  duties    

tenure   of   office 

sahirb'S     

compensation  of,  disposition  of 

fees — <<)ntlngrent    fund — disposition     .  . . 

may  appoint  additional  assistant 

may  appoint  deputy 

duty  of  deputy — removal 

salary   of  additional    assistant 

salary    of   deputy 

to  perform  duties  In  divisions  for  crim- 
inal   causes     

to  manajre  and  conduct  criminal  causes 
in    cireuit    court 

eompi-nsation    tlierefor     

to  conduct  causes  In  court  of  greneral 
sessions      

duties   In   court   of  general   sessions.... 

to    aid  probation  officer  of  juvenile  court 

contested  election  for,  where  heard  and 
determined     

pro. dinirs.    how    conducted 


lltLTlT   CLKKK  — 


r^c 


•age. 

Sec. 

87 

36 

87 

37 

87 

38 

87 

39 

87 

40 

87 

41 

87 

42 

87 

43 

87 

44 

87 

44 

88 

45 

88 

46 

88 

46 

88 

47 

88 

47 

88 

48 

88 

49 

89 

51 

89 

52 

89 

54a 

89 

54a 

89 

54b 

89 

540 

89 

54c 

93 

83 

96 

95 

96 

95 

104 

139e 

105 

139  1 

120 

215 

125 

242 

125 

243 

92 

76 

93 

78 

95 

94 

95 

94 

95 

94 

95 

94 

95 

94 

97 

100 

97 

100 

97 

100 

97 

100 

to    pay    Judge's    fee    Into    city    treasury, 

when     

mechanic  liens   filed   In   office  of 

circuit  clerk  for  criminal  causes — office 

of    created     

duties    and    powers 

salary,    fees   and    bond 

.•^'i.itl    use   seal   of   court 

■        tion    ond    term 

-  il    make   statement   of   fees 

:yy     

appoint    deputies 

I    Liy    of    deputies 

flRCUlT  COURT— 

'■onstltutlonal    provisions    90  55     note 

.  oinposed   of    12   Judges 90  56 

I  .-•■   for  short  term 90  57 

'Ion.    etc..    of    successor 90  58 

!    '  iiiial    causes — Keneral    term   arrange 

tloiket — grand    Jury    to    attend 90  59 

Jurisdiction  of  common  pleas,  land  and 

law  commissioners'  court  transferred 

to    

increase    of    Judges 

unfinished      business     of      said      courts 

tranif.rred    to    

crtnlii    cases   to   be   remanded    to    from 

sli|ir.  Mie   court    

unsallsii.il  Judgments,  orders,  etc.,   en- 

for I    by    

Men    of    such    Judgments,    decrees,    etc., 

continue*)    in     

return  of  writs,  process,  etc.,  to,,.!..! 
r.  -r.ls   of   said    court    transferred    to.. 

'      i-'e     of     venue 

I'turn    terms   held   annually 

-:■  ■  •  rill    term — how    organized 

.;    ■■■ml  term — power  to  make  rules  ex- 

■•  II. led     

t;   i;    ral    term — business   may    be  clasVi- 

•      I    and    distributed 

-  -  i-an  only  he  made  at  general  term 
.iis-M    s,  nt    from    one   Judge    to    another 

at   SI liil    term,    when 

pow.r...  nt  general  or  special  term.... 
dockets  to  be  kept,  to  contain  what... 
'peelol     terms    defined 


90 

61 

90  note 

91 

62 

91 

63 

91 

64 

91 

64 

91 

65 

91 

66 

91 

67 

92 

68 

92 

69 

92 

70 

92 

71 

92 

70 

note  n 

92 

"I 

92 

71 

note  n 

92 

72 

92 

73 

230 


INDEX  TO  STATE   LAWS  FOR   ST.    LOUIS. 


power  of  special  term  over  its  judg- 
ments      

powers   of   judges    in    vacation 

judge's  fee — costs  of  clerk  regulated.. 

clerk  to  pay  into  city  treasury  judges' 
fees     

rules  can  be  made  only  at  general  term 

relation  and  power  at  general  and  spe- 
cial  term    

jurors,    how   furnished 

mechanics'   liens,   when   filed 

certain  abstracts  of  judgment  to  be 
continued      

cases    triable,    when 

St.  Louis  criminal  court  to  consist  of 
two    divisions    

sec.    SI    superseded   by   later  law ■ 

governor  to  appoint  additional  judge — 
qualilications — salary     

sec.    S2   superseded   by    later   law 

terms    for    criminal    causes 

circuit  attorney  and  assistants  to  per- 
form   duties    in 

terms    of    court — officers — duties 

assignment  of  causes,   how   made 

changes  of  venue  to  other  divisions  in 
case   of   prejudice   or   interest 

St.  Louis  criminal  court  abolished,  jur- 
isdiction   vested    in 

sec.  84  superseded  by  later  law 

has  jurisdiction  over  misdemeanors, 
when     

business  of  said  court  finished  in 

supreme  court  to  remand  cases  in  said 
court  to    

circuit  court  to  finish  remaining  busi- 
ness      

in  cases  of  appeal  or  writ  of  error  judg- 
ment to  be  remanded  to 

unsatisfied  judgments  and  decrees  of 
criminal   court   to   be  enforced   by.... 

judgments,  decrees,  etc.,  of  St.  Louis 
criminal    court    enforced    in 

liens  of  said  court  to  continue  in 

■writs,  rules,  process,  etc..  issued  by  St. 
Louis    criminal    returnable    to 

have  jurisdiction  over  misdemeanors 
punishable  by  imprisonment  in  peni- 
tentiary     

■writs,  rules  and  process,  how  return- 
able       

books,  records,  etc.,  of  criminal  court 
to  be  delivered  to  clerk  for  criminal 
causes    in    

salary    of    judges 

transfer  and  disposal  of  criminal  caus- 
es— such  causes  tO  have  -precedence — 
grand  jury 

office  of  clerk  for  criminal  causes  cre- 
ated— fees  and  compensation,  bond, 
terni  of   office 

circuit  attorney  and  assistant  to  man- 
age and  conduct  criminal  causes  in.. 

compensation    therefor     

ciianges  of  venue,  how  effected 

judges  in  general  term  to  make  rules 
to  carry  act  into  effect 

amount  to  be  retained  by  circuit  clerks 
and   clerks   of   criminal    courts 

to  make  rules  in  general  term  to  carry 
law    into   effect 

salary  of  circuit  clerk — appointment  of 
deputies — compensation    

to  appoint  provisional  judge  of  St. 
liOuls  court  of  general  sessions,  ■when 

jurisdiction  as  juvenile  court 

judges  to  designate  judge  of  juvenile 
court 

to   determine  certain   election   contests, 
to   determine   election   contests   for   cir- 
cuit  attorney  and  assistant 

proceedings,    how    conducted 

to  hear  application  to  be  placed  on  reg- 
istration   lists,    when 

appeals   from   in  such  cases 

revie^n'  of  action  of  nominating  conven- 
tions   by    

has  jurisdiction  over  school  board  and 
its  officers    

sheriff  to  execute  process  of 

attend  on    


ige, 

92 

Sec. 
74 

92 

75 

92 

76 

92 

76 

92 

note  m 

92 

note 

its 

77 

93 

78 

93 
93 

79- 

80 

93 
93 

note  q 

SI 

93 
93 
93 

82 
!>2 
83 

93 
93 
93 

S3 
83 

84 

94 

85 

94 
94 

86 
S4 

94 
94 

86 
87 

94 

88 

94 

87 

94 

88 

94 

89  , 

94 
94 

89 
89 

95 


95 
95 


95 


note   q 


note   r 
note  s 


90 


94  note 

95  90 


91 


93 


94 


96 
96 
96 

95 
95 
96 

96 

97 

96 

97 

96 

97 

96 

100 

103 

lis 

139c 
206 

lis 

124 

207 
240 

125 
125 

242 
243 

13.1 
133 

266 
267 

149 

318 

196 
206 
207 

516 

552  note  h 

253 

INDEX   TO  STATi:    LAWS  FOR  ST.    LOUIS. 


231 


lucli  JutlBr   to  appoint   stonoKiupliir.  . . 

to  lu'iir  stn-i't  K'li'lInK  procei'dliiKs 

to   rftiiln   Jurl.sJk'tlon 

CIRCl'IT   JlTDGES-^See  Circuit  Court. 

to  niukp  rule  In  general   term 

to    approve    appointment     of     assistant 
circuit   attorneys    


Page. 
259 

Sec 

5":: 

212 

5$S 

213 

590 

90 


55 
46 


CIRCl'IT  JUDGES.  SALARY  OF— See 

( 'triuit  Court,  ami  Salary. 


CITIZENS'    RAILROAD   COMPANY— 
not  to  lay  double  track 

CITV   ATTORNEY— 


215 


so- 


lo   aid    probation     officer     of     Juvenile 
court    


120 


215 


CITV   COUNSELOR- 


niember   of    trustees    tinmen's    pension 
fund     


157 


524 


CITY  OK  ST.  LOUIS— 


In  suits  asalnst  for  damages  plaintiff 
may  be  required  to  Join  as  defendant 
per.ion  or  corporation  liable  on  same 
account    

may  sue  sheriff,  when 

may   Issue   bonds  for  subways 


121 

227  note  a 

208 

oGl 

220 

630c 

CITV  REGISTER— See  Circuit  .attorney. 

to   transmit   to   secretary   of  state   vote 

for   circuit   attorney 

for  prosecuting  attorney  and  assistant 
to    deduct    pay    of    Judge    of    court    of 

criminal    correction,    when 

of  Judge  of  court  of  general  sessions 
til     perform     duties     of     countv     clerk. 

when    ' 

ihitlea    required    of     county      clerk      In 

di-ntistry    law   to   be   performed    bv    In 

St.    Louis     ".  . .  . 

miiiili.-rs  of   trustees   firemen's   pension 

fiitiil 


duties    concerning    liquors. 


S6 
86 


98 
103 


117 


1 22 


is- 
les 


28 
30 


105 
139c 


202 


228 


524 
393 


CITY  TREASURER-See  .4rt  Muifum. 


fi'e*  of  circuit  attorney — contingent 
fund — disposition     

duty  of  as  to  circuit  attorney's  fees... 

teen,    contingent    fund,    disposition 

member  of  trustees  firemen's  pension 
fund    

ex   officio   treasurer   t>oard   trustees.... 


S» 
89 
89 

157 
167 


52 


524 
525 


CLAUI— See  B,wds  ludemmlyiHt. 

to  property   levied  on.   how  made. 

to    be    sworn    to 

to  state  value  of  property 

bond  under,   for  specific   property. 


83 
83 
84 
85 


14 
14 


CLERK.  COUNTV— See   Couuty  Court. 


CLERK   OK  CIRtTUIT  ATTORNEY- 
See  c  irtMit  .itt'frmry. 

ilrcult  attorney   may  appoint.... 
iiuallflcatlons.    tenure,    removal.. 

duties 

salary,  and  how  paid !.!!!!! 


87 
87 
87 


36 
36 
37 
38 


232 


INDEX  TO   STATE   LAWS   FOR  ST.   LOUIS. 


CLEPaC  OF  CIRCUIT  COURT  FOR  CRIM- 
INAL CAUSES— 5e<-  Circuit  Court. 

salary,  appointment  of  deputies,  com- 
pensation,   etc 

CLERK  OF  COURT  OF  CRIMINAL  COR- 
RECTION— See  SI.  Louis  Court 
oi Criminal  Correction. 

Ealar>'     

sliall   Iteep  a  seal 

statement  of  fines,   penalties,   etc 

CLERK   OF   COURT   OF   GENERAL  SES- 
SIONS— 

clerk  of  court  of  criminal  correction  ex 
officio  of    

salary    

to  report  fines,  penalties,  etc.,  to  audit- 
or, when   

CLERK    OF    JUSTICE    COURT— See  Jus- 
ticg  of  tile  Peace. 

CLERKS  AND  JUDGES  OP  ELECTION— 

See  Election  and  Registration. 

CLERKS    OF    ELECTION    COMMISSION- 
ERS— See  Election  and  Registration. 

salary   of    

COLLECTOR— 

duties  of   

bond  of   

bond  of  ex  officio 

effect  of  failure  to  give  bond 

bond    to    be   in    duplicate — where   filed.. 

bond  a   lien   against   real   estate   of.... 

bond  not  invalid  for  informality  of 
assessment     

new    bond,    when    required — books    not 

to  be  delivered  until,  when 

■     bonds   to    be   examined,    when 

failure   to   give  additional   bond 

sureties    discharged,    when 

in  case  of  vacancy   duty  of  successor.  . 

may   appoint  deputies 

to   return   delinquent   list   under  oath.. 

where  to  deposit  money 

penalty  for  failure  to  deposit  as  re- 
quired     

tommissions   of    

when  term  of  expires,  vacancies  how 
filled    ^ 

certain  tax  bills  to  be  'stricken  from 
lists     T 

certain  bills  to  be  cancelled  by  com- 
mission      

lists  made  into  back-tax  book — duty  of 
collector  suit  to  enforce 

filing-   suits   before   day    named 

duty  of  prosecuting  attorney — collector 
may    employ    additional    counsel 

duties  of  St.   Louis  officers 

COLLECTOR,   LICENSE— See  Licoue 
Collector. 

COMMISSIONER     OF     SCHOOL     BUILD- 
INGS— 

liow  appointed,  duties 

COMMON  PLEAS — Sec  St.  Louis  Court  of 
Cotninon  Pleas. 

COMPENSATION — See  various  Officers. 

COMPULSORY   EDUCATION— 

duty   of   parent  or  guardian 

must  send  children   to  school 

children,    when    excused 

board    to    appoint    attendance    officer — 

powers    

who  to  administer  oaths — certificates.. 
giving  false   age — penalty 


Page. 


9G 


104 
104 


105 


194 


l!i;i 
199 
199 

199 

200 
200 


Sec. 


100 


98 

109 

98 

110 

98 

112 

139e 
139e 

139q 


291 


184 

469 

185 

471 

note  q 

185 

472 

185 

473 

note  r 

185 

474 

185 

475 

note  s 

1S5 

476 

1S5 

477 

note  t 

1S6 

478 

186 

479 

186 

480 

186 

481 

186 

482 

note  u 

187 

483 

note  v 

187 

484 

note  w 

187 

485 

187 

486 

note  X 

188 

487 

189 

488 

ISO 

489 

189 

491 

note  y 

190 

492 

190 

493 

note  z 

190 

494 

note  a 

506 


534a 
B34a 
534b 

534c 
534d 
534e 


J 


INDEX  TO  STATK   LAWS  FOR   ST.   LOUIS. 


233 


truant    or    parental    schools i 

parent    violating    law — penalty 

certain  employment  of  children  be- 
tween  H   anil   It)   forbidden 

children   between   S  and   14   years 

employer   violating    law.    penalty 

employer  to  keep  record  of  age 

prosecutions — Juvenile    court    

CONDEJLVATION    OF    PRIVATK     PROP- 
ERTY— 

for    drainage    purposes 

CONSTABLE- See  .^«(OTo/J.  Bonds  /udcmiiifyinx. 

fees  of.  In  case  of  strays 

falling  to  do  duty  as  to  strays,  penalty 

action  on   bond  of 

to    arrest    animals,    when 

may   demand   Indemnifying  bond,   when 

not  liable  for  levy,  when 

liable,  when   

not    protected,    when 

suit    against,    court    may    require    bond, 

when 

one  to  be  elected   In  each  district 

number  of  districts 

districts,  how  established 

additional    provided    for 

governor  to  appoint  additional,  when., 
laws  applicable    to   townships  apply    to 

districts,    when     

vacancy,  how  rtlled 

how   to  f|uallfy 

to   keep   books  of  act 

falling  to  account,  penalty,   procedure. 

city  may  sue  on  official  bond  of 

to  give  bond,  duties,   liabilities,  etc 

salary   and   commissions 

may    appoint    two    deputies 

salary    of    deputies 

ottice  for  to  be  provided 

to  notify  protection  officer  of  arrest  of 

children    

CONSTRUCTION  OF  LAWS— See     £aaj, 
ConslrMCtioH  of 

CONTESTED   ELECTIONS,   CERTAIN— 
See  Election  and  Rfsistralion. 

CONTINU/VNCE— 

In  court  of  criminal  correction 

In  court  of  general  sessions 

of  circuit  court  for  legal  advertise- 
ments     

CONVENTIONS.   NOMINATINC3 — See  Nomi- 
nating Coni^fntions. 

CORONER — 

to  view  every  dead  body  brought  to 
morgue  and  if  necessary  hold  inquest 

general    duties    

powers  and  duties  of — appointment  of 
deputies     

fees  and   costs,  how  paid 

powers   and   duties   of   mayor 

COSTS — 

prosecutor    liable    for,    when.  . 

COSTS  .VND  FEES— See    St.    lj>ui,    Conrt   nl 
C  riminai  Correction, 

COSTS.   FEE  BILLS — 

In  court  of  general   sessions 

COSTS  IN  CRIMINAL  CASES— 

iBw.s  concerning  apply  to  court  of  crim- 
inal  correction    

COUNTY  CLERK— 

dutle*  of  in  i1enlistr>-  law  to  be  per- 
formed by  regl.iter  In  St.  Louis 


Page. 

Sec. 

200 

534f 

200 

e34g 

200 

.134  h 

200 

.'■>341 

201 

r.34j 

201 

534k 

201 

534  1 

204 


120 


100 
104 


78 


170 
207 

208 
208 
208 


102 


105 


103 


541 


80 

9 

81 

9 

81 

10 

79 

4 

S3 

12 

84 

16 

84 

16 

84 

20 

85 

23 

114 

173 

note  m 

114 

174 

114 

176 

note  0 

114 

178 

115 

179 

115 

180 

115 

182 

115 

183 

116 

193 

110 

194 

117 

195 

117 

196 

117 

197 

note  t 

117 

198 

117 

199 

• 

117 

200 

note  u 

215 


116 
l.-!9g 


399 
555 

565 
566 
667 


131 


139p 


138 


22Sn 


234  INDEX   TO   STATK    LAWS    FOR   ST.    LOUIS. 

Page.  Sec. 

COURT   OF    APPEALS— 

jurisdiction  over  nominating  conven- 
tions       149  318 

COURT  OF  COMMON    PLEAS — SeeS/.Lo7,,s 
Court  of  Common  Pleas. 

COURT  OF  CRIMINAL  CORRECTION — 
see  Si.  Liniis  Court  of  Criminal  Correction. 

prosecuting  attorney  and  assistant   for  S6  30 

COURT  OF  GENERAL  SESSIONS — See  5/. 
Ijonii  Court  of  Grneral  Sessions. 

COURT  RULES — See  Circuit  Court. 

COURTS — See   J-arious  Courts. 

CRIMES— 

offering  property  for  sale  without  writ- 
ten   authority    121  226a 

application    for    loans    without    written 

authority 121  226h 

CRIMES   AND    PUNISHMENTS— 

under   primary    election    law 149  320 

CRIMINAL  CAUSES — 

judges    assigned    for    trial   of 90  59 

grand  jury   to  attend 90  59 

CRIMINAL   COURTS— 

to  appoint  stenographers,  tenure  of  of- 
fice      210  .TTS 

salary    of   stenographers 210  UTS 

DAMAGE  SUIT  AGAINST  CITY— 

pla'intiff  may  be  required  to  join  per- 
son or  corporation  liable  on  same  ac- 
count as  co-defendant   121  227 

DECREES — See  Circuit  Court. 

deli.nquent  and  back  taxes — certain  tax 
bills  to  be  stricken  from  lists 

certain  bills  to  be  cancelled  by  com- 
mission      

back-tax  books  made — duty  of  collector 

— suits    to    enforce 189  491      note  y 

DELINQUENT   AND    BACK   TAXES— 

filing   suits   before   day    named 190  490 

DENTISTRY — 

city  register  to  perform  duties  required 

in    the    law   of   county    clerk 122  228 

DEPUTY  CIRCUIT  ATTORNEY — See  Cir- 
,  cuit  Attorney. 

appointment  of    89  54a 

duty    of — removal    89  54b 

salary    of    89  54c 

DEPUTY   CIRCUIT   CLERKS — See    Circuit 
Court. 

DEPUTY   CONSTABLE — See    ConstaHr. 

DOCKETS— See    Circuit  Court. 

DONATIONS  TO  ART  MUSEUM— See  Art 
Museum. 

DRAMSHOPS— 

office    of    excise    commissioner    created.  122  229 

application  for  license,  how  made 122  230     note  b 

license   issued  or  revoked,  "when 123  231      note  c 

commissioner  to  keep  record  of  li- 
censes  and    preserve    petitions 123  232      note  d 

commissioner     to     notify     pres.     police 

commissioners  of   issuance   of   license  123  233 

license  refused  or  revoked,  when 123  234 

duty    of    police 123  235 

fees — powers — duties — compensation    .  .  124  236     note  e 

EDUCATION  COMPULSORY— See  Compul- 
sory Education. 


189 

488 

1S9 

489 

189 

491 

INDEX  TO  STATIC    LAWS   FOR  ST.    LOlIS. 


235 


ELECTION — See  ElKlion  ami  Ktgislralim. 
ELECTION   AND   REGISTRATION— 

olritlon    of   atnto   otTlcprs 

••lection    of    otliiT    ofrtilnls 

In   St.    Louis.  condiKtt'd   how 

rcrtiiln    fonteat.s    In    S-t.    Ix)uls 

procfctllnKs.    how    conduoted 

rlri'iilt  altopnoy  or  assistant,  contests.. 

liroci'cdInKS   In   such   cases 

lirovlsluns  a|)i>l.v  to  St.  Louis,  except... 

r»*Klstrution    of    voters 

hoaril  of  election  commissioners  created 

how  appointed,  qualltlcatlons,  duties, 
vacancies    

hoard    to   print   rules   and   regulations.. 

records   open    to    Inspection 

to   print  and    furnish   oftlclal   data 

to  make   report   after  each   election.... 

registry  hook   for  precinct 

mayor  may  make  suggestion  to  gov- 
ernor      

.tecretary  of  commissioners,  powers, 
duties     

commissioners  may  employ  additional 
clerks    

oftlce  of  commissioners   in   city    hall... 

commissioners  to  buy  ballot  boxes, 
hooks,    blanks,    etc 

other  duties  of  commissioners 

to  divide  city   in  election   precincts,... 

Ill  revise  and   rearrange  same.  when... 

tuilKca  and  clerks  to  be  selected,  qual- 
ttlt-atlons     

•  'itinilssloners  may  remove  judges  and 
clerks     

hut    must  assign    cause   of   removal.... 

names  of  Judges  and  clerks  to  be  pub- 
lished      

qualltlcatlons  of  Judges  and  clerks  may 
he    objected    to 

board    to    hear  objections 

vacancies,    how    tilled 

niith'e    of    registration    da.vs 

r-iriMtratlon    days — registration    books. 

[T.  .  ii\.t    board    of    registry  ^-duties.  ..  . 

■;  111  itlcatlon    of    voters 

*  *   t  '•  tigos — ajipeals     

\  ■  :  ::i.  ation    lists — challenges    

i*r..  iii.t    canvassers — duties    

notice  sent  to  those  whose  residence 
not    located     

iTirit'-.l  copies  of  verification   posted   in 

precinct    

and  clerks  to  revise  registry, 
■■\  --■  n      ," , 

proceedings,    how    conducted — affidavit. 

voter  may  ask  to  have  any  name  erased 

form    of   application    therefor 

application    to   be   signed   and   sworn    to 

ilulv  of  Judges  upon  hearing  applica- 
tion      

•  !k    -   and   clerks  to   sign    registry.... 
r    ,;;.t:y    to  be   sent   to  coqimissloners.  . 

coiiiMilssloners   to   proceed,   how 

copy    to   hi'   given    to   any    voter 

clreult   court   to   hear  application    to    be 

i!i    -d   on    registration    lists,   when... 

■  -    from    circuit    court 

-■ !  -"  .itlon  by  hoard  or  court 

'■ir^'.fs    of    registered     voter 

!    -•     "itlon   of  invalids  and  absentees. 
r  I  lists  of  voters,  when  to  be  com- 

t':i-'I    and    how    posted 

•I-    ;.ri      of     poll-books,     ballot     boxes, 

■  '■  to      Judges 

opened      an<l     closed,     when — ab- 

ot   Judge   or  clerk — penalty    for 

-    Mie    or    detention    of    ballot    box, 

f      -.-.iler.     etc 

li    ■•'    liox   to  be  kept   In  public 

'■■'         ■■'k.   how   kept 

'    ■"     :   iiiots   to   he    cast — challenges.... 

f'  k-;«'r>  In  force  between  general  elec- 
tion?*         

Judges    to    lie    peace  olTlcera — challenges 

Tote    i-anvass«*d,    when 

vtite.   how  canvassed 

»ole  on  any  proposition  canvassed, 
now 

result  of  can%-ass,  how  mode  and  certl- 
Hed 


Page. 

Sec 

l-.M 

237 

ll\ 

238 

in 

239 

124 

240 

Vih 

241 

12S 

242 

1 2.-) 

243 

12/. 

244 

12'5 

243 

125 

246 

125 

246 

126 

247 

126 

247 

126 

247 

12B 

24  7 

126 

24  7 

note  g 


248 


127 

248 

127 

249 

127 

249 

127 

249 

127 

250 

127 

250 

127 

2,';i 

127 

251 

127 

251  note  h 

128 

252 

128 

252 

12S 

252 

129 

252 

129 

253 

129 

254 

130 

235 

130 

256 

130 

237 

130 

258 

131 

239 

131 

260 

131 

261 

132 

262 

132 

263 

132 

264 

132 

263 

133 

263 

133 

264 

133 

263 

133 

265 

133 

265 

133 

265 

133 

266 

133 

267 

134 

268 

134 

26!) 

134 

270 

271 


135 

273 

135 

274 

135 

275 

135 

276 

136 

277 

13S 

278 

136 

279 

13* 

280 

n? 


281 
282 


138   « 
13S 

283 

284 

138 

285 

139 

286 

139 

2S7 

139 
139 
130 

288 
289 
290 

139 
140 

291 
292 

140 
140 

293 
204 

122 
122 
123 

229 
230 
231 

note  b 
note  c 

123 

232 

note  d 

123 
123 
124 

233 
233 

234 

note  e 

236  INDEX   TO   STATE   LAWS   P'OR   ST.    LOUIS. 

Pag-e. 

poll-books  placed  in  ballot  box,  how 
sealed   

disposition  of  ballots 

statement  and  tally  delivered  to  com- 
missioners     

Judges  and  clerks  exempt  from  jury 
duty 

disposition  of  ballot  boxes  by  commis- 
sioners   

abstract  of  votes,  how  made — copy  sent 
to    proper    officers 

issuance  of  certificates  of  election 

when   fraud   is  suspected — procedure... 

salary  of  coinmissioners  —  secretary, 
clerks    ,. 

pay  of  judges  and  clerks 

majority  of  board  of  commissioners 
may    act    

board   to   audit  accounts • 

ELECTION  COMMISSIONERS— See  Election 
and  R''sistratioH. 

ELECTIONS,  PRIMARY— See  Primary  Elfc- 
/ions. 

ELECTION       TO       INCREASE       SCHOOL 
TAX— 

how    called    and    held 197  521 

EXCISE  COMMISSIONER— 

office  of  created,  residence  requirement 
may  issue  dramshop  license,  when.... 
may  issue  or  revoke  license,  when.... 
to  keep  record  of  licenses  and  preserve 

petitions    

to   notify   president   police   commission- 

^  ers  of  issuance  of  license 

license  refused  or  revoked,  when 

fees — powers — duty — compensation   .    . . 

EXECUTION — See  Bonds,  hidemnifyitts. 

levy  officer  may  demand  bond 83  12 

money  in  court  under  writ  of,  how  dis- 
tributed      85  23 

EXECUTIONS    AND    JUDGMENTS.    LIEN 
OF— 

in   court  of  criminal   coi-rection 101  126 

FACTORIES — 

not  allowed  near  Tivwer -Grove  Park...  173  426 

FEE-BILL,    HOW    MADE    AND    ClORTI- 
PIED— 

in   court  of   criminal   correction 103  13S 

FEE-BILLS,  COSTS— 

in    court    of   general    sessions 105  139p 

FEE,    JUDGES — See   Cirnnl  Court. 

clerk  to  pay  into  city  treasury  monthly  92  76 

FEES— 

of  constable   in   case  of  strays 80  9 

marshal    SO  9 

justice  of   the  peace SO  9 

of  officers   in   case  of   impounded   stock  SO  9 

FEES   AND    COSTS — See   St.   Louis   Court   of 
Criminal  Correction. 

in  court  of  general  sessions 105  130m 

FEES  OF  CIRCUIT  ATTORNEY— See   Cir- 
cuit  Attorney. 

disposition  of  89  51 

FEES  IN  JUSTICE  COURT— See   Justice   of 
tlie  Peace. 


Page. 
160 

Sec 

346 

157 

322 

157 

323 

157 

324 

157 

325 

157 

326 

158 

327 

158 

328 

158 

330 

158 

331 

158 

331 

158 

332 

159 

333 

159 

334 

159 

335 

159 

336 

159 

337 

159 

338 

159 

339 

160 

340 

160 

341 

160 

342 

160 

343 

160 

344 

160 

345 

160 

346 

160 

348 

160 

348 

INDEX  TO  STATE   I.AWS  FOR  ST.   LOUIS. 

FIREMEN  FUNERAL  EXPENSES— 
to   what  extent   paid   out  of   retirement 
fund 

FIIUOMEN'S  PENSIONS — 

fund    authorized    157  322     note 

honorary    nn'inbers    

hoard  of  trustees,  who  compose 

tr<'a«ur<T    

relief  and  retirement  fund,  source  of 
rovonue   

municipal    revenue    

cvrtain   money   for  retirement   fund.... 

powers  of   board  of   trustees 

transfer  from  retirement  to  relief  fund 

assessment    of    members 

Investment    of    relief    fund 

liinv   loaned — Interest    

who    beneticlarles   of   relief   fund 

willows  and  children  benenelarles.  when 

retirement  fund — relatives  beneficia- 
ries,   when     

member  of  (Ire  department  benellclary, 
when 

widow   and    children,    when 

funds    pro-rated    If    Insufficient 

treasurer's    bond — duties     

warrants,   when  and   how  drawn 

money    paid   only   on    warrants 

reports  of  board  of  trustees 

funds  exempt  from  legal  process  for 
debts   

lire  department  association  —  may 
transfer  funds  to  board  of  trustees.. 

funeral  e.vpenses.   to  what  extent   paid. 

FLOUR.   INSPECTION  OF — 

Hour   Inspectors  may    be  appointed 

number — duties 

FORCIBLE  ENTRY  OR  DETAINER— 

Jurisdiction   of  Justice  court   In 115  186 

FORFEITURE  OF  OFFICE — 

violation  of  law  followed  by,  when 87  42 

FORFEITURES  AND  RECOGNIZANCES— 

In  court  of  criminal  correction 100  118 

FORM  OF  BILL  OF  SALE— 

%vhen   Impounded   stock   Is   sold 80  7 

FRANCHISES  CONFIRMED— 

of   certain    street    railroad    companies..  214  601 

FREE  LIBRARIES.  PUBLIC- See /.,Arar;«. 
trrf  pHbtu-. 

FUNERAL  EXPENSES  OF  FIREMEN— 

to   what  e.xtent   paid  out  of  retirement 

fund    160  346 

OAMBLINfi — 

M dines  by   police   to  suppress 180  445 

"  irr.mt   for  seizing  gaming  devices...  180  445 

.l.ii.os    to    be   destroyed 180  446 

GENERAL  TERM — See  Circnil  Court. 

GOAT— See  Animals. 

GOVERNOR— 

to  commission  attorney  general,  circuit 
nltorniV.  prosecuting  attorney  and 
assistant 86  32 

elected    every    four  years 124  137 

to  nil  vacancy  in  office  of  license  col- 
lector   167  383 

to   appoint    election    commissioners 125  246 

to  appoint  police  commissioners 175  430 


237 


238 


INDEX  TO  STATE  LAWS  FOR  ST.   LOUIS. 


GRAND   JURY — See  A%sislant  Ciriuii  Attomry. 
Circuit  Court  and  Junes. 

assistant  circuit  attorney  to  attend, 
when 

to  attend  divisions  in  which  criminal 
causes    are    tried 

to  attend  in  circuit  court  for  criminal 
causes  

GRAVOIS    (STREET)     RAILROAD    COM- 
PANY— 

authorized    to    build » . . 

conditions  of   privilege 

HEALTH  COMMISSIONER — 

duty  of  county  clerk  cast  on  as  to 
practice  of  medicine  and  surgery.... 

HOGS — See  Animals. 

HOLIDAYS— 

doors  of  city  offices  closed  at  noon  on 

Saturdays    

to  police  officers  in  active  service 

HORSE — See  Animals. 

HOSPITAL  SOCIAL  EVIL— 

mayor  and    city    council    to    provide    for 

support    of    

for    what    purposes    established 

annual   appropriation    for 

physician   treating   prostitute,   duty.... 

HOUSE  OF  INDUSTRY — See  Hospital  Social 
Evil. 

mayor   and    city    council    to    provide    for 

support    of 

maintained,    for   what    purpose 

annual   appropriation    for 

physician    treating  prostitute,    duty.... 

HOUSE  OF  REFUGE— 

now   called  St.   Louis   Industrial   School. 

board  of  managers,  number,  how  ap- 
pointed    

mayor  ex-officio   member 

education   of  children    in 

confinement   of  youthful   offenders   in.. 

ob.iect  of,  to  provide  home  and  educa- 
tion    ^ 

organization   of   boai-d,  term  of  office.. 

what  children    may   be   committed   to... 

parent  or  guardian  may  send  child  to. 
when    

mayor  may   pardon   inmate  of,  when... 

board  may  surrender  inmate  of,  when 
and    to    whom 

board    to   meet,    when 

certain  inmates  of  work-house  and 
.lail    transferred    to,    when 

commitment  without  specified  term 
\oid    

ma\'    apprentice    inmate    until,    wlien .  .  . 

pay  for  children  in,  from  St.  Louis 
county   when    

board    of    managers,    general    powers... 

annual  appropriation   for  support  of.,. 

erection  of  new  buildings,  sale  of  pres- 
ent   site    may    be    provided    for 

superintendent  and   nuitron 

tenure    of    office,    compensation 

open    to    visitors,    when 

how     conducted     

certain    inmates    to    be    kept    separate.. 

existing  board  to  cease  when  board  or- 
.ganizes    under   this   act 

inconsistent    acts    repealed 

HUMANE   SOCIETY,    SPECI.A.L  OFFICER 
FOR — 

appointment    and    compensation 

IMPRISONMENT  IN  WORK-HOUSE — 

by    court  of  criminal   correction,   when. 


Page. 


88  49 

90  59 

95  93 


215 
215 


169 


160 
182 


1S2 


102 


605 
606 


396 


349 
458 


161 

350 

161 

351 

161 

353 

161 

354 

161 
161 
161 
161 

350 
352 
353 
354 

162  note 

162 
162 
162 
162 

355 
355 
355 
355 

note 
note 

162 
162 
162 

355 
356 
357 

note 
note  p 

162 
163 

358 
359 

163 
163 

359 
359 

163 

360 

163 
1G3 

360 
362 

note  q 

163 
163 
164 

361 
362 
363 

164 
164 
164 
164 
164 
164 

363 
364 
364 
365 
365 
366 

164 
165 

367 

368 

4  59     note  m 


133 


J 


Page. 

Sec. 

102 

134 

102 

135 

INDIOX  TO  STATK   I. A  US   FOR  ST.   LOUIS.  239 


sentt-nt't'  lin-hides  liartl  labor,  rules.... 
puytiH-nt  of  line  after  coniiiiitnient .  .  .  . 
county    nuiy   contract   with   city    for   use 

of  work-houso   for  conllning  convicts  103  136 

INCORPOKATION     OF     STREET     RAIL- 
ROAD COMPANIES— 

requirements    for     218  824 

powers    of    corporation 218  625 

INDEMNIFYING       BONDS       TO        OFFI- 
CERS— See   Bonds.  indfrnnUyitix. 

INDICTMENT— 

officer    suspended     upon 88  44 

no,    for    misdemeanor,    when 100  120 

INDUSTRY.  HOUSE  OF— See   Home    of   In- 
duitry. 

IN  FORM.\TION— 

prosecution  on,  for  misdemeanor,  when  100  120 

INSPECTION    OF    BEER    AND    GRAIN — 
See  Btfr  and  Grain  /nspection. 

INSPECTION  OF  FLOUR— 
See    Flour,  Inspa'tiou  of, 

INSPECTION  OF  PETROLEUM— 

Inspectors'  duties  and   fees 220  631     note 

INSPECTION  OF  TOBACCO — 

inspection,   term  of  office,  qualification 

duties    of    inspector 

hi,"    bond    

Inspector    to    keep    book ,  . 

penalty    for   failing   to   attend 

charges  ami    fees,   by   whom   paid..."... 

ware-houseman  to  have  tobacco  In- 
spected     

oatii    of    inspector ....!. 

oath   to  be    llled.   where \  , 

boRstieads  Weighed  and  branded,  when.' 

mode    of    Inspection " 

tare    and    net    weight 

how   samples   to   be  done   up ! 

tobacco,  after  Inspection,  replaced  to 
former   condition    

inspector's    fe«'S     

penalty    for    unauthorized    inspection.  .. 

.xcales  and    hands,    by   whom    furnishi'd. 

fals.ly    packed    tobacco,    how    marked.. 

deputies,    appointment    and    duties 

who  not  responsible  for  loss  in   weight. 

sales  to   be  approvi-d   bv  owner 

lnsp4ctlon    certltlcates    negotiable 

local    Inspectors    in    other    towns 

limit    of    warehouse    fees 

JANITOR     OF     COURT     OF     GENERAL 
SESSIONS — 

appointment,    salary,    etc .  lOG  isan 

JEOFAILS.  STATUTE  OF— 

applicable   to   criminal    proceedings....  |61 


220 

632 

221 

633 

221 

634 

221 

635 

221 

636 

221 

637 

221 

638 

221 

639 

221 

640 

221 

641 

221 

642 

221 

643 

222 

644 

222 

645 

•JOfl 

647 

o*>o 

648 

649 

222 

650 

222 

651 

222 

652 

<>•>■> 

653 

222 

6,';  4 

222 

6  5. I 

222 

6.'>6 

JUDGE  OF  CRIMINAL  COURT— 

contested   election    for,    how   determined  124 

JUDGES  AND  CLERKS  OF  ELECTION— 

See    EUitii'M  and  Rfsntration. 

IIIXJKS  FEE-8ce  (,>«,/  Court. 

IIDOE8    UF    CIRCUIT    COURT-See     ,,„„, 
i-omrt, 

••l^DOES   OP  CIRCUIT   COURT.    SALARY 
Uh — See    Circuit  Court. 


121 


240 


INDEX  TO  STATE  LAWS  FOR  ST.   LOUIS. 


JUDOE  OF  PROBATE  COURT— 

contested  election  of,   how  determined. 

JUDGE  OF  COURT  OF  CRIMINAL  COR- 
RECTION  See  S/.  Lnuis  Court  of  Crimi- 
nal   Correction. 

JUDGE  OF  ST.  LOUIS  COURT  OF  GEN- 
ERAL SESSIONS— 

provisional  to  be  appointed,  when  and 
by    whom    

JUDGES  OF  SUPREME  COURT— 

to  appoint  commissioners  of  Tower 
Grove    Park,    when 

JUDGMENTS— 

power  of  special   term  over 

of  St.  Louis  criminal  court  to  be  en- 
forced  by   circuit   court 

JUDGMENTS,  ABSTRACTS  OF — See  Cir- 
iitit  Court. 

JUDGMENTS  AND  EXECUTIONS,  LIEN 
OF — 

in   court  of   criminal   correction 

JUDGMENT    LIENS— See    Circuit  Court. 

in  St.  Louis  criminal  court  enforced  by 
circuit   court    

JURISDICTION— 

of  circuit  court  over  misdemeanors, 
when 

of  court  of  criminal  correction 

of  court  of  criminal  correction 

appellate    

JURISDICTION   OF  FELONIES— 

in  court  of  general  sessions 

JURISDICTION  OF  JUSTICE  COURT — 
See  Justice  of  the  Peace. 

JURISDICTION  OF  MISDEMEANORS — 
in   court  of  criminal    correction 

JURIES— 

commissioner.    how_    appointed 

qualifications 

appointment,  liow  made  and  entered 
of   record   

tenure    of    commissioner 

oath,  salary  and  deputies  of  commis- 
sioner   

pay    of   deputies 

duties    of    commissioner 

who    are    qualified    jurors 

who    exempt    from   jury    duty 

questions  to  be  answered   under  oath.. 

jury    lists,    how    made    up 

notice,    how   given    to   exempts 

exemptions,   how   noted 

courts   to    pass    upon    exemptions 

names,    how    copied    and   drawn 

jurors,    how    drawn 

jurors,    liow   summoned 

absent    juror     

excuses,    how   dealt   with 

time  and   length  of  service   of  juror... 

bribery    of    commissioner — punishment. 

commissioner  accepting  bribe — punish- 
inent    

sheriff  or  marshal  violating  law,  pun- 
ishment     

compensation  of  jurors 

exceptions  to  jurors,   when   to  be  taken 

report    of    commissioner 

to  contain  what,  and  when  to  be  made. 

present  commissioner  to  hold  office  till 
when    

act    to    api>Iy 


Page. 

124 


Sec. 
240 


103 


172 


92 
94 


101 


95 


106 


1390 


421 


74 
S9 


126 


91 


94 

86 

note  s 

94 

86 

note  s 

99 

114 

99 

115 

139 


114 


106 

140 

106 

140,  141 

106 

142 

106 

142 

1(17 

143.  144,  145 

107 

146 

KIS 

147 

lOS 

147 

lOS 

148 

108 

149 

109 

150 

109 

151 

109 

152 

109 

153 

110  • 

154 

nil 

155 

110 

156 

111 

157 

111 

158 

111 

159 

111 

160 

111 

161 

112 

162 

1  12 

163 

112 

164 

112 

165 

112 

165 

ll.S 

166 

113 

167 

note  j 


note  k 


INDEX  TO  STATE   LAWS  KOI!   ST.    LOUIS. 


241 


special   Jury,   how  ordered 

Jiiror  to  serve  onlv  onoe  n  year 

Krand  Jury.   Mow  selected     

numbi-r   to   be  drawn.  

list  delivered  to  clerk .... .' .' ' .' .' .' .' .".'.'' 

JURORS— See    Circml   Court.    J„r,„    ami  Jury 
how   furnished   In   circuit  court 


Jl'RORS     I'^OR     COURT     OF     CRIMINVI 
CORRECTION—  >-«i.iiii\Al. 

Jury    commissioner    to    furnish,    when.. 

JURY  COMMISSIONER— 

to   furnish  Jurors    for   circuit   court 

•°co';r7^?l':,n'."'w°ren'°'-  '"'''''  °'  "'-'-' 

h'lw    apyi.lnted    

•,li:iMl  .-iitlons     

'"'n'iu'iVl"""'  ''"^^  •nado  arid 'entered 'of 

tenure   of  office. . .....'. 

oath,    salary,    and    deputies 

pay    of   deputies 

duties    of     

'"empT    "^'"■'"''■'"*^     of    'refusal'  to'  'ei- 

may    be    tlned.    when.  . 

briber)-    of.    punishment. 

acceptlnfc    bribe,    punishment 

report  of   

to  contain  wlmt.'  and  'when'  to'  'be  'made' 
present,    to    hold   office    till    when.      . 

JUSTICE  OF  THE    PEACE-See  AmmaU. 

duty  of  when  animals  arrested 

to  order  sale  of  animal,   when 

fees  of  In   case  of  strays  

appeal    in    criminal    cases    

one   to   he  elected    In   each   dl's'trict 

number   of    districts. 

districts,    how   established.. 

■""boundaH..i".''^!''r-'"'""""  "°'"''^''  '  °f 
additional  Justices  courts' provided  "for 
Koivriior    to   appoint    additional     when 

"'d.;t'r'i':.';.i."-''^,l::„"'.  '^--^'p^  app-i- "« 

who    eligible    to    office... 

vacancy,    how    (Hied  

\wvi    to    (juallfv 

Juri.adlciion — ainount    of      

territorial  limits  of . .  

nn,l'"tt.;'a",it."'^;tc'".""^''  '  Hen."  landlord 

Justices — salarj'   of  

Justice   to   appoint   cleric— skiAo-'. 

appointment   to   be   In   writlnu      

r-'moval  of  clerk  

clerk    to    give    bond. ■.■.'.'.■. 

c  erk    J?   receive    fees,   disposition" 'of.'. '.' 
Clerk    to   keep  account    books... 
r?.v"^.        account,    penalty,    procedure' 
^ni    ""*/  *""'  ""  orriclal   bond  of  clerk 
"^o^/"-:-  "PJ'  i""-  ^'"k  and  constable 


to  be   provided.  . 

'^''?;.,, [/'*'''"<''■      '°      perform  '  'duties'  '  of 
tK — mayor    those    of 
•  '      I'l   in   cases  of   tie. 
1  .1.::.,  .itions      of     Jurors 

JftS 


county    court. 

In      Justices 

clerk   to   record   name's  of  Ju'r'o'r's'.'.'. ■.■.■.' 

JrVENILE  COURT— 

Jurisdiction     In     compulsor>-     education 

M  :   -Kilon      or    'act-lA-oiistructlon' '  'of 

'  •'"1-!  !:    tlon   of   courts..... 

r  r    ,,,„„,.    Judge,    practice  '  and  '  pro- 

r. ,'"  !"•"  p<-tit'io'n'—,iiTi<iavit.' .'.■."■ 

n-Klected    child    


Pase. 

Sec. 

113 

IKK 

113 

ItiS 

113 

170 

113 

171 

113 

172 

83 


101 


93 


in 


117 


in 
m 


201 


77 


124 


77 


101 

124 

106 

no 

106 

MO.  ni 

106 

1  4  2 

106 

142 

107   U3,  Ml.  1  in 

107 

146 

108 

147 

109 

153 

111 

159 

111 

160 

111 

161 

112 

165 

112 

165 

118 

166 

79 

4 

SO 

5 

81 

9 

99 

115 

lU 

173  note  n- 

in 

174 

\\\ 

175  note  n 

in 

176  note  o 

114 

177 

in 

178 

ll.i 

179 

115 

ISO 

113 

181 

115 

1S2   note  p 

115 

183 

115 

184 

115 

185 

1  15 

186 

lie 

187  note  q 

116 

188 

116 

189 

116 

189 

116 

190 

116 

191  note  r 

116 

192  note  s 

116 

194 

117 

195 

200     note  u 


202      note  v 


203 
204 


634J 


118 

205 

US 

206 

note  w 

lis 

207 

note  X 

118 

208 

lis 

209 

ll.S 

210 

118 

211 

242 


INDEX  TO  STATE  LAWS  FOR 


children  arrested  '  taken   before 

punishment    discretionary     

child  under  16  not  to  be  committed  to 
iail ; 

delinquent  child  not  to  be  confined 
witli    adult    convicts 

probationary  officer  may  appoint  depu- 
ties     

circuit,  prosecuting,  and  city  attorney 
to    aid   probationary    officer 

salary  of  probation  officer  and  depu- 
ties     ■  ■  ■ 

power  of.  in   final  disposition  of  child.. 

child  a  ward — subject  to  order  of  court 

associations  when  awarded  custody — 
report — renioval    

religious   affiliations   respected 

appeal,    when    may    be    taken 

act   not   to   affect   certain    institutions.. 

compulsion  of  parent   to   support  child. 

act  of  1901  relating  to  juvenile  delin- 
quents repealed 

LAND  COURT  OF  ST.   LOUIS— 

jurisdiction  of  transferred  to  circuit 
court  

LANDLORD  AND  TENANT— 

jurisdiction  of  justice  court  in  cases  of 

LAW    COMMISSIONER'S    COURT    OF    ST. 
LOUIS  COUNTY— 

jurisdiction  of  transferred  to  circuit 
court 

LAWS.  CONSTRUCTION   OF— 

county  treasury  applies  to  city  treas- 
urer   

municipal  assembly  same  as  county 
court   

county  officers  include  city  officers.  .  .  . 

duties  of  county  clerk  apply  to  city 
register    

rules  for  construing  statute 

word  county  to  include  city  of  St. 
Louis   

LEGAL  ADVERTISEMENTS— 

contract  for   

LEVY — See  Bonds,  Indemnilying . 

officer  not  liable"  for,  when 

liable,    when    ....:., 

not    protected,    when 

LIBRARIES.  FREE  PUBLIC— 

mayor  to  appoint  board  of  directors... 

number,    politics   disqualiflcation 

term    of    office,    removal 

vacancies,   compensation    

duties  and  powers  of  board,  appoint- 
ment   of    officers 

board  to  report  annually  to  mayor,  re- 
port to  contain  what 

ordinances    imposing    penalties 

LICENSE— 

street  car  companies   to   pay 

LICENSE   COLLECTOR— 

office   created    

election,  term  of  office,  oath,  bond,  va- 
cancy     

powers    and    duties    of 

city  collector  or  commissioner  to  turn 
over  books   to 

further  duties  of 

liow   licenses   obtained 

to  keep  separate  records  of  each  kind 
of    licenses    issued 

records    open    to    public    inspection 

powers  and  duties  of  city  collector  or 
commissioner  transferred  to 


ST.  LOUIS. 

Pags. 

lis 
lis 

Sec 
212 
213 

lis 

214 

118 

214 

120 

215 

120 

215 

120 
120 
120 

216 
217 
21S 

120 
120 
121 
121 
121 

219 

220 
221 
222 
223 

121 


90 


90 


165 


165 
165 


165 
165 


78.  79 


167 


note  y 


224 


61 


186 


61 


369 


370 
371 


372 
373 


S4 
S4 
S4 

16 
17 
20 

165 
165 
166 
166 

374 
374 
375 
376 

166 

377 

166 
166 

378 
379 

167 
167 

383 
3S4,  385 

167 
167 
167 

3R5 
385 
386 

167 
1G7 

387 
387 

note  r 
note  s 


373      note  s 


1-3 


598 


382      note 


168 


388 


age. 

Sec. 

168 

3S9 

168 
168 
168 

390 
390 
390 

168 

390 

168 
168 

391 
391 

INUKX  TO   STATE    I,.\\VS   FOK   ST.    hOTlS.  243 


words  "license"  and  "license  tax"  In- 
clude   what    

salary,  to  appoint  deputies,  clerks  and 
inspectors    

salary  of  deputies,  elerlts.   inspectors.  . 

who   may   administer  oaths 

responsible  for  olTioial  acts  o(  em- 
ployes   

to  mal«e  weekly  payments  to  city 
treasurer   

duty   of   treasurer,   duplicate   receipts.  . 

mayor  to  appoint,  to  iiold  until  elec- 
tion     168  392 

LIEN    OK    JUDGMKNTS     .\ND     EXECU- 
TION— 

in  court  of  criminal   correction 101  136 

LIENS— 

meclianlc's.     material     men's.     lniiUler"s. 

etc..    to    be    lUed    in    office    of   circuit 

clerk   93  78 

of    judgments     in      St.      Louis    criminal 

court   to   be   enforced   by   circuit  court  94  89 

LIENS  FOR  KEEPING  ANIMALS— 

Jurisdiction  of  Justice  courts  as   to....  115  186 

LIQUORS — See  Drarm/wfi. 

city    register's  duties 168  393 

LIEUTENANT  GOVERNOR— 

elected   every    four   years 125  237 

LOANS,   APPLYING    FOR— 

without   written   authority 121  226b 

MANDAMUS — 

review  of  action  of  nominating  conven- 
tions by    149  318 

.M.VNUFACTURERS  AND  MERCHANTS — 

taxation   of    190  495 

.MARKETS.   PUBLIC— 

to  be  established   for  farm   products... 

business    regulated    by    ordinance 

privileges  of.  extended  onlj-  to  pro- 
ducers   

not  to  sell  market  places  now  owned 
or    hereafter   acquired,    unless,    etc... 

lands  may  be  condemned  for.  when.... 

MARSH,\L — See  AtiimaU — Bonds,  tnd^muifyiug. 

to   arrest    animals,    when 

fees   of.    in   case   of   strays 

failing  to  do  duty  as  to  strays,  penalty 

action  on    bond   of 

making   levy   may   demand   bond,   when 

not    liable   for   levy    when 

liable    when     

not    protected    when 

suit  against,  court  may  require  bond, 
whin 

fee  bills  out  of  court  of  criminal  cor- 
rection    

to  attend  court  of  criminal   correction. 

violating  Jury's  act.  punishment 

MAYOR — See  Arl  Musrum. 

to  appoint  bonrii  of  control  of  art  mu- 
seum     

may   remove   member,   when   and   how.  . 

with  consent  of  municipal  as.sembly  re- 
move  member  of  art   museum   bonril. 

to    approve    constable's    bond 

to  perfi>rm  duties  of  county  court  ex- 
cept in  cases  of  a  tie 

may  make  suggestions  to  governor 
concerning  election   anil    registration. 


IS9 

394 

169 

395 

169 

395 

169 

39.''.a 

169 

395b 

T9 

4 

SO 

9 

SI 

9 

SI 

10 

S3 

12 

S4 

16 

84 

16 

84 

20 

i^ 

23 

98 

111 

99 

113 

\\i 

162 

S2 
S2 

lie 
Ud 

S2 
117 

lid 
196  n.>te  t 

117 

202  note  v 

12fi 

217 

244 


INDKX  TO   STATE    LAWS    FOR   ST.    LOUIS. 


ax-officio  member  board  of  managers 
of  house   of   refuge 

may  pardon  inmates  of  house  of  ref- 
uge,    when     

to  sign  writ  for  recapture  of  fugitive 
from  house  of  refuge 

to  appoint  board  directors  free  public 
libraries 

with  consent  of  council,  to  establish 
public    markets    

and    regulate    same 

with  comptroller  and  treasurer,  to  se- 
lect bank  for  deposit  of  public  money 

to  appoint  expert  accountant  to  exam- 
ine books,  etc..  of  officers  of  public 
schools    

powers  and  duties  as  to  inquests 

MECHANIC'S  LIENS — See  Circuit  Court. 

to   be   filed   in    office   of  Circuit   Clerk., 
jurisdiction  of  justice   court  as   to 

MEDICINE  AND  SURGERY — 

duty  of  county  clerk  cast  on  health 
commissioner 

MERCHANTS  AND  MANUFACTURERS— 

taxation   of    

MISDEMEANOR— 

prosecuted    on    information,    when 

under  primary   election   law 

MISSOURI     STREET     RAILROAD     COM- 
PANY— 

authorized    to    lay    track 

like    provisions   as    to    same    railroad... 

MONEY,  PUBLIC— 

who  to  select  bank  for  deposit  of — 
bond — amount    

not  more  than  Jl.OOO.Ono  to  be  in  one 
bank   

MORGUE— 

city  and  county  of  St.  Louis  jointly 
may  establish  and  maintain 

coroner  to  view  every  dead  l>ody 
brought    to     .  .  .- 

and  if  necessary  hold   inquest  thereon. 

MULE — See  Animals. 

MUNICIPAL  ASSEMBLY— See  An  .'ifusciim. 

to  approve  appointment  art  museum 
board    

what  ordinances  city  may  enact  as  to 
art    museum    

to  provide  rooms  for  courts  and  cer- 
tain   officers     

shall  provide  rooms  for  court  of  crim- 
inal   correction    and   officers 

for  court  of  general  sessions  and  of- 
ficers   

to  provide  offices  (or  justice  court  and 
officers 

MUSEUM.  ART — See  .'Irl  Musmm. 

NOMINATING  CONVKNTION.S— 

mode    of    calling 

NOTICE— 

for  legal  advertisements 

in  case  of  animals  running  at  large... 

OFFICE— 

forfeiture  of.  for  violation   of  law 

OFFICP.R — See   Various  Qfflffrs. 

not    liable    for    levy,    when 


Page. 

Sec 

162 

355 

163 

359 

163 

361 

166 

375 

16!l 
169 

394 
395 

169 


190 
208 


93 
115 


190 


100 
149 


215 
215 


1G9 
169 


170 


170 
170 


143 


7S.  79 
79.  SO.  SI 


397 


515 
567 


186 


396 


■195 


120 
320 


60S 
609 


397 
397 


399      note  u 


399      note   u 
399      note  u 


S2 

lie 

S3 

llh 

99 

113 

99 

113 

105 

139s 

117 

200 

307      note  j 


87 


84 


1-3 
4.  5,  11 


42 


I.NDKX   TO   STATK    LAWS    FOR    ST.    LOUIS. 


246 


Unblf.   when    

not   protcctocl.   when 

suit    uKalnst,    court    may    require    bond, 
whf  n 


Page. 

Sec. 

84 

17 

84 

20 

85 


23 


OFFICKRS.  INDKMNU-'YING  BONDS  TO — 
See  Bt'Hits.  fHiitmnityiHg. 

OFFICKRS.      STATE.      ELECTION      OF— 
See  Elffiion  and  RexistratioH. 


PARENT  OF  NEGLECTKK  CHILD— 

compulsion    of.    to    support 

PARKS— 


121 


223 


TowtT  Orove    Park   described 

htuird  of  commissioners — number 

how   constituted    

members   not   to   be  paid   for  services. . 

to  receive  $100  per  annum  for  per- 
sonal   expenses    

quorum   ".. 

dutl.-s  of  the   board 

ordinances,  etc.,  concerning  to  be  pub- 
llnlied    

penalty    for    violating   ordinances 

penalty    against   commissioner 

"pjirii    i>onds"    may    be    issued 

bonds,    how    sold     

moneys,    where    deposited 

moneys,   Ijow  applied 

taxes  levied  to  keep  up  and  Improve 
the   park    

avenues  to   be  opened  and  widened.... 

proceedings  therefor    

avenues   to   be   Improved 

debts  incurred  only  by  authority  of 
board    

hoard  can  hold  gifts,  devises  and  be- 
i4Utf»t8 

gunning,    etc..    prohll)lted 

stook  not  to  run  at  large  within  cer- 
tain   limits    

office  of  commissioner  vacant  when... 

vncanuy.    how    rilled 

hoard   to  report   to   city  council 

land    exempt    from    taxation 

additional   bonds   may   be   Issued 

levy   of  taxes   fi>r  park 

slaughter  houses.  etc..  prohibited, 
w  here    

also    eertain    factories 

penalties  for  violating  this  section.... 

PENSION      FOR      SCHOOL      TEACHERS 
AND  EMPLOYES — 

board   may   cr»nte.  amount,  etc 

board    of    trustees    created 

teachers  and   employes   niav   be   retired, 

wh.n 

annuity  of  retired  teachers 

truat.es    to    manage    and    control    fund. 

wh.n    declared   annuitants 

ntiiiiiitants   to   pay    20    per   cent   of   sal- 

ar\    

dutle.')    of    secri'tarles     of     boards     with 

ref.-rence   to   pension    fund 

acts   of    trustees,    how    passed    upon.... 

PENSIONS.  FIREMEN'S— See         FirrmtnS 

PENSIONS  OF  POLICEMEN— 

■  iicancles.    how    filled — rules   and    regu- 

T.^llnns         

ri    In    case    of   disability.... 

In    case  of  death 

'■  after     20     year"'     -..rei. 

couiptinsation    

PETROLEUM.       INSPECTIDN         <>F— S.io 
Ini^trlton  oi  PrtrMmm 


170 

400 

170 

401 

170 

402 

170 

402 

170 

402 

171 

403 

171 

404 

171 

403 

171 

406 

171 

407 

171 

408 

171 

409 

171 

410 

171 

411 

172 

412 

172 

413 

172 

414 

172 

415 

172 

416 

172 

417 

172 

41S 

172 

419 

172 

420 

172 

421 

173 

422 

173 

423 

173 

424 

173 

425 

173 

426 

173 

426 

173 

426 

198 

Its 

S27 
528 

198 
198 
198 
198 

528 
629 
630 
631 

198 

532 

199 
199 

533 
537 

ISl 

458 

181 

454 

182 

455 

182 


456     notK   I 


183 

460 

183 

461 

183 

461 

183 

462 

183 

463 

183 

464 

183 

465 

184 

466 

^ij  INDEX  TO  STATE   LAWS   FOR   ST.    LOUIS. 

Page.  Sec. 

PHARMACY,    PRACTICE    OF— 

to  procure  certificate  to  compound 
medicine    

board  of   pharmacy    created — its   duties. 

number,   oath,   term   of  office,   etc 

duties  of  secretary 

to    whom   act   does   not   apply 

who    may    compound    medicines 

responsibility    of    pharmacists 

penalty   for  violating'  this  law 

for  fraudulent  attempt  to  procure  reg- 
istration      1S4  467 

PLEADINGS  AND   PRACTICE — 

in   court  of  criminal   correction 100  117 

general    sessions    104  139ii 

PLEADINGS    IN    COURT    OF    CRIMINAL 
CORRECTION— 

no  written  required  of  defendant ^         100  117 

POLICE— 

duty  of  to  prevent  business  of  dram- 
shop   keeper   without    license 

acts   repealed 174  427      note  b 

ordinances  to  be  passed  to  protect 
persons    and    property 

board    of    police    commissioners    created 

term   of  office,   qualifications,   oath.   etc. 

governor  to  appoint  commissioners.... 

duties  of   commissioners 

to  appoint  police  force,  number,  term, 
etc 

officers  of  police,  rank,  number,  bond, 
etc 

compensation    of    police 

vacancies,  how  filled — promotions — re- 
lief— rules,    etc 

police  officers   to  receive   no   gratuity.. 

Ijoards   to    have   office    furniture,    etc... 

police  districts,  station  houses,  clerks, 
etc 

sheriff    to   aid    in    keeping    peace 

board     to     make     estimate     of     money 

needed    178  439 

penalty  for  interference  with  enforce- 
ment of    this   act 179  440 

parties  arrested,  disposal  of — sureties, 
etc 

Bertillon    system    department   created.  . 

board   to    keep  journal    of   proceedings. 

mounted    police    

proceedings    to    suppress    gambling.  .  .  . 

power    officers    to    break    doors 

gambling  devices,  etc..   to   be   destroyed 

proceedings  where  property  has  been 
stolen    

warrants,    how    directed 

no    fees   allowed 

police   are   officers   of   state 

board   to   license   private    watclimen .  .  .  . 

vacancies,  how  filled — rules  and  regu- 
lations     

compensation  in  case  of  disability.  .  .  . 
to    family    in   case   of   death 

may  retire  after  20  years'  service — 
compensation     

liolidays   to   officers   in   active   service.. 

special  officer  of  Humane  Society — ap- 
pointment   and    compensation 182  459 

POLICE  COURT— APPEALS  FROM—  t 

to  be  taken  to  court  of  criminal  cor- 
rection      10.1  137 

POLICEMEN.    PENSIONS    OF — See    /v«- 

:>ions  of  Policemen, 

POLICE  OFFICERS— 

to   notify  probation   officer  of  arrest  of 

children    120  215 

POSTING— 

of   .siray    animals 79  4 


123 
174 

235 

427 

174 
174 
174 
175 
175 

428 
42» 
429 
430 
431 

176 

432 

170 
177 

433 
434 

177 
177 
178 

435 
436 
437 

178 
178 

437 

438 

179 

441 

17il 

442 

ISO 

443 

180 

444 

180 

445 

ISO 

446 

180 

447 

ISO 

448 

ISl 

44» 

181 

450 

181 

451 

181 

452 

ISl 

453 

ISl 

454 

1S2 

455 

182 

456 

182 

45S 

INDKX  TO  STATIC   LAWS  FOR  ST.    LOL'IS. 


•-'47 


PKAOTICI-:   OK    I'llAK.MAl'V— Sii-    I'liarmmy. 
practice  oi. 

PRELIMINAUY   KXAM1NATION.S— 

by  Judge  of  court  of  Kcncrul  si'sslons.. 

J'RKSIKKNT    BOARD    I'OLU'K    COM.MIS- 
SIONKKS — 

to  bo  notified  of  Issuanou  of  dramshop 
liconsi"    

r'RIMAKY    KLECTIONS — 

uliurl    tltli'   and    applk'ntinn    of   act 

ib'Tlnltlon    anil    ninstriiction    of  act 

primary    rt'glstratlon    books    to    be    pre- 
pared     

form  of   rcKlstratlon   sheet 

elector  to  sign   rotrlstratlon  books 

rettlxtratlon     provided     for 

registration  suspended,   when 

commissioners     to     attest     registration 

books    

books  to  be  delivered  to  Judges,  when. 

unofficial    primary,    how    held 

wards    divided    Into     primary     election 

districts     

duties       of       political       committees— of 

c»>inmlssloners   

forbblden  to  hold  primaries,  where.... 
delegations    filed,    when,    expenses    paid 

how 

placing  of  delegates'  names  on  ballot., 
nominating  candidates  b.v  primary.... 
ci>mmlssloners  do  not  act  In  official  ca- 

paclt.\-.   when    

ballots,    how    prepared 

registration  books  open  to  Inspection, 
opt'ning  of  polls,  voting,  etc..  subd.  1... 

election,   how  comlvieted.  subd.  i 

watchirs  may  be  api>olntcd.  subd.  3.... 

canvass  of  votes,  subd.    1 

Juitges  to  announce  result,  subd.   i 

candlilate  may  demand  written  state- 
ment of  result,  subd.   .T 

commissioners  to  declare  r*'sult.  subd.  4 

Judges  and  clerks   to   sign   returns 

cominltte.s.        regulations.        rules        of 

parties,  subd.   I 

to  be  consistent  with  law.  subd.  2 

conventions,    how   conducted 

review    of    action     of    conventions     by 

court    

optional  to  certain  parties 

crimes  and  punishments  under  this  law 

PRIMARY  ELECTION  LAW  OF  1907— 

application    of    law 

election  held,  when  and  where 

notlei-  of  l>ienniai  August  primary,  how 

given    

publication  of   notice 

no  mime  of  candidate  to  go  on  ballot 
unliss.  etc 

form  of  nomination   paper  to  be   flied.. 

declaration    for   count.\'    ofTlce 

nomination  paptrs  to  liave  form  on  ex- 
cept, etc 

to  sign  but  one  paper  for  same  office.. 

regulations  as  to  signing  nomination 
pap"'rs 

how  papers  shall  be  signed 

basis  of   percentage   In   each   case 

lii>w  papers  to  b.'  tiled 

.»-.  r.t.irv  of  state  to  give  notice  of 
imine.H  of  candidates  for  whom  papers 

filed     ■......., 

ilerk   to  publish  such   notice ...'.'. 

In  «'  u   f.iiiers  published 

"f^  '   to  be  printed 

P<^  pie  ballots  20  days  before 

\  .    iinary    

exp.  li.-.'j*.  bow  i>alr!    

regulations  as  to  tickets  used 

**nn"'  '"*  ""^•^"'■'■'"K  after  prlmar>'.  how 

who  inny  vote ..!!!!!!!!!!! 

challengers   for  parties 

canvass  of  votes,  liow  made 


Page. 


104 


123 


Sec. 


139d 


233 


140 

140 

296 
297 

141 
141 

142 
142 
142 

298 
299 
300 
301 
302 

142 
142 
142 

303 
304 
30.-> 

142 

30G 

143 
143 

307 
30S 

143 
144 
144 

309 
309 
310 

14.-. 
145 
14.=; 
14r. 
14S 
147 
147 
147 

31" 
311 
312 
313 
313 
313 
314 
314 

147 
14$ 
148 

314 

314 
31.^ 

14S 
148 
14S 

316 
316 
317 

149 
149 
149 

318 
319 
320 

151 

151 

1 
2 

l.il 
l.-.l 

3 

4 

1.-.2 
l,i2 

5 
5 
5 

1.1 2 
1.1 2 

6 

l.i: 
1S2 
l.i2 
l.i3 

8 

9 

10 

11 

1.1 3 
l.iS 
l.iS 
1S4 

12 
13 
14 

15 

i.=;3 

153 
153 

16 
17 
18 

154 
154 
154 
154 

IS 
20 
21 
22 

note  1 


248 


INDEX  TO   STATE   LAWS   FOR   ST.   LOUIS. 


returns,   how    made 

county  canvass  of  returns,  how  made.. 

person  receiving  greatest  number  of 
votes  to  be  candidate 

secretary  of  state  to  publish  result  of 
primary    

to  certify  names  of  candidates  to  coun- 
ty   clerks,   when    

election  of  ward   committeeman,  at.... 

in   case   of   tie   vote 

secretary  of  state  to  prepare  forms 
when 

bribery    of    voter    

judges  and  clerks,  how  provided 

consistent  election   laws  apply 

duty  of  county  clerk  devolve  on  election 
coinmissioners  in   St.   Louis 

nominations  of  presidential  electors 
and  delegates  to  national  conven- 
tions,  etc 

PRIMARY   ELECTION'   FOR  U.   S.   SEXATOR- 

may   be  held,   when 

candidate  to  file  application,  when 

secretary    of    state     to     certify     list     of 

names    to    county    clerk 

county  clerk  to  put  names  on  ballot... 

vote,  how  counted  and  certified 

person     receiving     largest     number     of 

votes  to  be  declared  caucus  nominee. 

PROBATE  COURT— 

of  St.  Louis  governed  by  general  law.. 

sheriff  to  execute  process  of 

attend   on    

PROBATE  COURT,  JUDGE  OF — 

contested  election  for.  how  determined 

PROBATION  OFFICER — 
Sfe  Juvenile  Court. 

for  juvenile  court    

po'wers  of,   deputy    

PROPERTY   OFFERING   FOR   SALE— 
without  written  authority 

PROPERTY,   SPECIFIC— 

bond  under  claim  for 

PROSECUTING   ATTORNEY — 

election,    term,    qualifications,    duties.. 

compensation ~.  ■  .  /'. 

governor  to    commission 

vacancy,  how  filled    

when  to  appear  in  St.  Louis  court  of  ap- 
peals      

compensation  therefor    

to  devote  entire   time  to   duties 

employment  by  others  forbidden,   when 

tees  other   than   salary   forbidden 

violation  of  law  forfeits  office 

penalty  for  same,  bribery 

deemed   guilty   of   bribery,   when 

may   be  suspended   upon   indictment.... 

governor  may  appoint  successor 

restoration  to  office,  prosecution  of  in- 
dictment   

for  court  of  criminal  correction 

salary  of   

duties  of  in   court  criminal   correction. 

to  aid  probation  officer  of  juvenile 
court 

to  prosecute   suits   for  delinquent  taxes 

PROSECUTOR— 

liable  for  costs,  when   

PJtoVTSTONAL  JUDGE — 

of  St.  Louis  court  of  criminal  correction 
of  general  sessions 

PUBLIC  LIBRARIES,  FREE— 
See  Lihyarie*.,  frre  Public, 


Page. 
154 
154 

Sec. 
23 

24 

154 

25 

154 

26 

154 
154 
155 

27 
28 
29 

154 
155 
155 

155 

30 
31 
31a 

32 

155 


156 
156 

156 
156 
156 

156 


124 


118 
120 


121 


85 


10£ 


97 
103 


32a 


33b 


97 

note 

206 

252 

207 

253 

note  h 


240 


210 
215 


22Ca  note  z 


S6 

30 

86 

31 

8S 

32 

87 

33 

87 

34 

87 

35 

87 

39 

87 

40 

87 

41 

87 

42 

87 

4S 

87 

43 

87 

44 

87 

44 

88 

45 

97 

104 

9S 

109 

100 

119 

120 

215 

190 

493 

105 
139c 


INDEX  TO  STATE   LAWS  FOR  ST.   LOUIS. 


249 


PL'BLU'  MAltKETS — 

Sec    Marttls.   PHblic. 
PUBLIC  MONEY— 

See    Motuy.   PHblic. 
PUBLIC  SCHOOL  FUND— 

proceods  of  sale  of  strays  to  go  to... 
PUBLIC  SCHOOLS — 

cilucatlon  of  Inmates  of  certain  Institu- 
tions, at 

city  a  school  district  and  body  corpo- 
rat«'   

buurd  of  education,  niiinbor.  may  sue 
uikI   be  sued 

suiuTlntendcnt  of  Instruction  commls- 
.aloinr  of  .iJchool   buildlnpr    

KeniTiil   powers  of   board 

nieuiliers  of  board,  how  elected,  quallfl- 
eatlons.   to   receive  no   pay 

mii\'>r  to  appoint  first  board,  duty  of 
In.aril.    president   and    vice    presUlent. 

sp"clal  election  of  board,  terms  of  of- 
lUe   and   cla.ssllication 

»iii)erintenilent  of  schools,  assistants, 
duties    and    powers 

coniniissloner  of  school  bulldlngrs, 
duties   

conirni.'<sloner  to  appoint  engineers. 
Janitors,    etc 

board  to  make  contracts  for  buildings, 
coininlssioner   to   direct   construction. 

board  to  advertise  for  proposals  for 
supplies,   (llstribution   of   supplies.... 

to  advertise  for  bids  for  current  de- 
posits   

to  sel.'ct  secretary  and  treasurer,  bond 
duties   and    salar>- 

disbursements  of   board,    how   made.... 

board  to  appoint  an  auditor,  bond,  du- 
ties and  term  of  offlCT? 

board  to  apportion  revenues  to  differ- 
ent departments    

mayor  to  appoint  annuajly  an  expert  to 
•'Xaniine  bttoks.  accounts  and  voucli- 
ers  of  officers,  compensation 

circuit  court  has  Jurisdiction  over 
board  and  Its  officers 

how  exercised    

members  of  board  and  officera  vlolat- 
InK  law  penalty    

(allure  to  attend  meetings,  vacates  of- 
fice,  when    

InvestlKationa,  testimony  In.  how  taken 

board  has  power  to  levy  and  collect 
taxes    

•lections  to  Increase   tax    levy 

what  constitutes  permanent  school 
fund,    investment    

board  to  publish  annual  report 

pension  fund  for  teachers  and  em- 
pioyt's 

hoar.j  of  trustees  created 

teachers  and  employes  may  be  retired, 
whi-n 

annnltv  of  retired  teachers 

tri:.«t..H   tn   mrtnasre  and  control    fund.. 

wli.'ti    'I--<!.-ir'-.l    annuitants 

«tin.i!!iirirH  t..  ....    20  per  cent  of  salary 

•I  '  irles  of  boards  with 
iislon    fund 

«  ow  passed   upon 

PUNISHMENT,    POWER   TO    REDUCE— 

by   court  of   criminal    correction 

RAH^ROADS.  STREET — 
See   Strf/i  Raitn'ayi, 

REAL   estate: — 

sales  of.  how  conducted 

efr»rt  of  sales 

"'  •  rirr  to  execute  deed 

^    -;:  >;    for   Sale,    without    written   au- 

Ih.Tlty      „  .. 

oft-rinK  loan  on.  without  written  au- 
thority     


Page. 


Seu 


SI 


196 


102 


10 


190 

497 

191 

600 

191 

500  note  c 

191 

19:; 

500 
501 

191 

502 

192 

503 

193 

504 

193 

505 

194 

506 

191 

507 

194 

508 

195 

509 

195 

610 

195 
195 

511 
512 

193 

513 

196 

514 

515 


196 
196 

616 
61« 

196 

517 

196 
197 

618 
619 

197 
197 

520 
521 

197 
197 

522 
623 

198 
198 

526 
627 

198 
198 
198 
198 
198 

628 
529 
530 
631 
532 

199 
199 

5.13 
634 

132 


208 
208 
203 

562 
563 
564 

121 

226a 

121 

226b 

250 


INDEX   TO  STATK    LAWS   FOR   ST.    LOUIS. 


RECOGNIZANCE   AND    FORFEITURES— 


in   court  of  criminal    correction, 
general  sessions   


REGISTRATION— 

See  Election  and  ResUtrntion. 
REPLEVIN— 

jurisdiction  of  justice  court,  in. 


Page. 


100 
104 


115 


Sec. 


118 
139j 


LSG 


REVENUE.   ASSESSMENT   AND   COLLECTION   OF — 

See  Assessment  of  Property,  Collector,  Delinquent  and  Back    Taxes.  Taxation  of  Merchants  and 

Manufacturers. 

RULES  OF  COURT— 

•See  (.iicuU  Court. 


SALARY— 

of  assistant   circuit  attorneys 

clerks  and  stenographers  of  circuit  at- 
torney    

of  circuit  attorney 

of  additional   assistant  circuit   attorney 

of  deputy  circuit  attorney 

of   circuit   judge 

of    circuit    clerk 

of  clerk  for  criminal  causes 

of  circuit  clerk  for  criminal  causes.  .  .  . 

of  deputy  circuit  clerks  for  criminal 
causes  

of  provisional  judge  of  court  of  crim- 
inal   correction    

of  judge  of  said  court 

of    prosecuting   attorney 

of  clerk  of  court  of  criminal  correc- 
tion     /C  . 

of  provisional  judge  of  court  of  general 
sessions    

of  judge   of   court   of  general   sessions. 

of  clerk  of  court  of  general  sessions... 

of  stenographer  of  court  of  general 
sessions 

janitor  of    

of  jury  commissioner    

of    deputy    commissioners 

of   justice   of   peace 

cl«rk   of   justice    court 

of   deputy    constable 

of  probation   officer  and   deputies 

of   election    commissioners 

secretary    of   eleciion    commissioners... 

clerks  and  assistants.  . 

of  license   collector.  . , 

of  his  deputies,  clerks  and   inspectors.. 

of   police    commissioners 

of    secretary    of    police    board 

SALARY    AND    FEES— 

of   stenographers    

SALES  OF  REAL  ESTATE— 

offering  for  sale,  without  written  au- 
thority   is    crime 

how   conducted    

effect    of     

sheriff   to   execute    deed 

SANITARY  DISTRICTS  AND   SEWERS— 

sanitary  districts,  how  established 

commissioners,    reports,    elections 

trustees,   term,   etc 

powers  of  board  of  trustees 

means  to  carry   into  effect 

vciucliers 

board   to   make  surveys,  define  areas... 

coniicmnation   of   private    property 

bonds,  application  for.  term  to  run.  in- 
terest,   etc 

rontracts.   how   let 

city  to  construct  sewers  and  drains. 
when 

special    taxes,    payment     


8ft 


210 


50 


Sg 

50 

89 

51 

89 

54c 

89 

.   -540 

95 

*    92 

96 

lltO 

96 

100 

97 

100 

97 

100 

9S 

lor. 

9S 

109 

98 

ion 

98 

loa 

103 

i:ti>o 

104 

i:;9d 

104 

lS9c 

106 

13!4t 

106 

13!in 

107 

144 

107 

140 

116 

1,S7 

116 

18S 

117 

19<i 

120 

Jlli 

139 

2  in 

139 

291 

139 

291 

168 

390 

168 

391 

174 

429 

174 

4  30 

574 


121 

226a 

20S 

562 

20S 

563 

208 

564 

201 

535n 

202 

530 

203 

537 

203 

53S 

203 

539 

203 

53»a 

203 

540 

204 

541 

204 

542 

2or> 

543 

205 

544 

205 

545 

INKIOX   TO  STATK   LAWS   KOR  ST.    LOUIS.  251 

Patre.  Sec. 
acci-ptancc    of    prlvato    sewers    already 

i-onstruoU'O   206  US 

dliisolutlon   of   board  of   triiBtees 206  547 

certain     officers     to     assist     In     making 

law  effective 206  aiS 

conntriictlon  of  this  law 206  54> 

SATURDAY   AFTERNOON— 
See  Holidays. 

SCHOOL   Fl'Nl).   PKRMANKNT— 

what   constitutes.    Investment 197  52t 

SCHOOL   F'UND.   PUBLIC— 

proceeds  of  sale  to  go  to  use  of 81  10 

SCHOOLS.  PUBLIC— 
See  Public  Schools. 

8KCKKTARY  OF   ELECTION   COMAIISSIONERS — 
See    Elfciion  and  Kfzistration. 

salary  of   139  291 

SENATOR.  UNITED  STATES— 

See    Primary  Etfction  for  (/.  S.  Sfitatoi . 

SHEEP— 

See  AutMtats. 

SHERIFF— 

S«e    Bonds   IndfmHtfytttz. 

levy,    may    demand    bond,    when 

not  liable  for  levy,  when 

liable,  when    

not  protected,  when    

suit  atfalnst.  court  may  retiuire  bond, 
whrn 

to  serve  process  in  court  of  general  ses- 
sions   

duties,  fees,  etc 

violallnK  Juries  act,  punishment 

to  aid  police  to  Iteep  peace 

duty   of    

bond,   by   whom  approved, 

to  .•x.Tute  prociss  of  what  courts 

to  attend    upon    what   courts 

f.-.-s  of    

general  duties  of 

to  k«'ep  account  of  fees   received 

to  llle  .«tat'>ment   with  circuit   clerk.... 

fees  retained,  balance  paid  to  treasurer 

fees,    bow   apportioned    In    certain   cases 

failure   to   tile  statement,   proceedings.. 

city  may  su*.   In  what  cases 

how  Xr\  .  .-.niluet  sales  of  real  estate 

rff.  .s    

to  .  d   '.'..'. 

diH  lily,    may   employ    counsel. 

''■'-■'   20S  56S 

SLAUOHTER  HOUSES— 

not  allowed    near  Tower   Grove    Park..  173  426 

SMOKE   ABATEME.NT- 

smoke  a  public  nuisance,   when 

penalties,    penalties   accumulative 

city  to  enforce  law  by  onlinance 

SOCIAL  EVIL  HOSPITAI^— 
See    Hospital  Social  E:-il. 

SPECIAL  JURY— 

how   ordered  Hj  \(i9,n 

SPECIAL  TERil  — 
S«e  Cirrail  Conn. 

power  of  over   Its  Judgments  02  74 

SPKCIFir   PROPERTY— 

bond  under  claim,   for  gS  24 


S3 

12 

S4 

16 

84 

17 

S4 

20 

ss 

23 

lO.i 

IS9n 

in-. 

139n 

112 

162 

ITS 

438 

206 

.15  On 

206 

SSI 

206 

552 

207 

553 

207 

654 

207 

55S 

207 

556 

207 

557 

207 

558 

2«8 

559 

208 

560 

208 

561 

208 

562 

208 

563 

208 

564 

209 

569 

209 

569 

209 

570 

252 


INDEX  TO  STATE   LAWS  FOR  ST.   LOUIS. 


Page. 
STATE  OFFICERS,  ELECTION  OF— 

See   Election  and  Registration. 

STENOGRAPHERS — 

each    judge    to   appoint   one    for   his   di- 
vision    209 

to  tile  affidavit,  bond,  tenure  of  office..  209 

duties    of     209 

salary  and  fees   210 

may    appoint    dejjuties 210 

fee   to   be   taxed    in   each   case 210 

may  exchange  work    210 

criminal    courts    to    appoint,    tenure    of 

office 210 

salary  of  for  criminal   courts 210 

to   take   oath    210 

duties  of    210 

disposition  of  stenographic  notes 210 

when  absent,  proceedings   211 

shall    be   removed,   when 211 

corrupt   misconduct   or  neglect,   penalty  211 

STENOGRAPHERS  AND   CLERKS  OF  CIRCUIT   ATTORNEY- 

See    Cifcuit  Attorney. 

STENOGRAPHER   OF  COURT   OF   GENERAL   SESSIONS — 

appointi7ient,  duties,  salary    106 

ST.  LOUIS  COURT  OF  APPEALS— 

when   circuit   and   prosecuting   attorney 

to   appear   before 87 


Sec. 


.172 
572 
573 
574 
575 
576 
577 

578 
579 
5S0 
581 
582 
583 
584 
585 


139t 


ST.  LOUIS  COURT  OF  COMMON  PLEAS. 

jurisdiction  of,  transferred  to  circuit 
court 

jurisdiction  of,  transferred  to  circuit 
court 


90 
90 


61 
61 


ST.    LOUIS  CRIMINAL  COURT — 

See    Circuit  Court. 

abolished  jurisdiction   vested    in    circuit 

court    94 

unfinished  business  wound  up  in  circuit  » 

court 94 

writs,    process,    etc..    issued    by,    return- 
able to  circuit  court 94 

clerk  to  deliver  books,  records,  etc..  of, 
to  clerk  of  circuit   court  for  criminal 

causes 95 

salary  of  judges   95 

sheriff   to   execut*  jDrocess   of 206 

attend    on 207 

ST.   LOUIS  COURT  OF  CRIMINAL  CORRECTION— 

established    97 

in    court    of    record    97 

election,     qualification     and      terms     of 

judge  and   officers    97 

appointment,    powers    and    pay    of    pro- 
visional judge    97 

removal  from  office  of  officers 98 

vacancies,  how  filled    98 

certificate    of    election    and    commission 

of    judge     98 

powers    of   judge    98 

salary    of   judge    98 

of    prosecuting   attorney,    assistant    and 

clerk    -^8 

clerk   to   keep  a   seal 98 

fees   and   costs    98 

■witness   fees  only    to   be  charged,   when  98 
statement    of    fines,    penalties    and    for- 
feitures      98 

court  room,  stationery,  offices,  marshal  99 

municipal  assembly  to  provide 99 

marshal   to  attend    -  99 

jurisdiction   99 

school  board  money  collected  by  sheriff  99 

is  of  limited  and  special  jurisdiction..,  99 

appellate  jurisdiction    99 

appeal    in    criminal    cases    from    justice 

court 99 

sessions,  continuances  100 


86 
87 
90 


91 

92 

552 

253 


102 
103 


105 
106 
106 

107 
108 
109 

109 
110 
111 
111 

112 
113 
113 
113 
114 
112 
114 
115 

115 
116 


INDKX  TO  STATE  UA.WS  FOR  ST.    LOUIS. 


253 


siiri'ty     on     dc  ffndanfs     bond     not     re- 
IfiLsctl.  when    

pniitUi"  and   proceedlnKS 

rcioKnlJinnces  and  forfeitures   

holh   an  exanilnlMK  and    trial   court.... 

duties  of  proMOcutlnK  attorney   and  as- 
HlHtant    

pro.ieLutlons    by    Information     

Infornuitlon    properly    lodged    with    as- 
sl.stant  proseeutlnp  attorney   .' . 

inft>rn)atlon.  where  lodged,  proceedings 

Htututea    of    Jeofails 

aniendiiient  of  process,   pleadings,  etc.  . 

prnreeilings  when    felony  appears 

convictions  for  less  olT*"nse 

Jury    commissioner    to    furnish    Jurors, 
when 

Insolvent    law    not   applicable,    when,.. 

Hen  of  Judgm»'nts  and  executions 

appeals  and  writs  of  error 

hills  of  exception    to    be   tiled,    when... 

powers  over  officers  collecting   tines... 

lists  <»f  officers,   how   furnished 

property   found  i>n    person   of  otTenders, 
sMjii-rvlsion    over    

pro.s,.,iilor  liable   for  costs,   when 

p.'iver  of   court    to    reduce   punishment. 

sentence  and   place  of   Imprisonment... 

sentence    IncUules    hard    labor   rules.  .  .  . 

part   of   Sec.    133    as    to    punishment    In- 
valid    

sec.   KU   partly  condlcts  with  state   law 
and   void   in   part 

paynunt  of  tine  after  commitment 

plac   of    Imprisonment,    how    provided. 

county   may   contract  with   city   for  use 
of  workhouse  for  contlnlng  convicts. 

appeals   from  police  court 

how    tiiken    

costs  in  criminal   cases 

fee-hill,   how   nuide  and  certified 

has  no  Jurisdiction  In  felony' cases 

sheriff   to   execute   process   of 

to  attend  on    

ST.   I.olIS  COURT  OF  GENERAL  SESSIONS — 

establishment   of    

Is  court  of  record   with   criminal  Juris- 
diction     

election   and   qualification    of  Judge.... 

apiMilntment    of    Judge     to    serve     until 
Jan.    1.    1909    

provisional  Judge,  appointment,  powers 
and   pay    

Jurisdiction  of  court  and  Judge 

salary   and   how   paid 

Judge  shall   hold   preliminary   examlna-  • 

lions   

clerk    iif    court    for    criminal    ex-olficio 
clerk  of    

d«puty,  salar}-.  seal,  etc 

how  must   sign  writs,  process,  etc 

inf'  and  i>roce8s   

pr                          condiirted    by    circuit    at- 
t  i    assistants 

»«<».'<iiiii.s  iiii.l  continuances   

practice  and    proceedings    

•  tatiite  of  Jeofails    

recognliances.   forfeitures,   etc 

proce»«ding  when   misdemeanor  appears 

duties    of    circuit    attorney    and    assist- 
ant in 

chief  of   police,    reports   to   circuit   at- 
l"»rn-y    

'^    rifr    duties  and  fees !...!!.!'. 

t..    ■.■■r\.-    process    In 

vv.»..»s..!i.  fees,  attendance,  etc 

'•••  hills 

'    '  '  report   fines,   penalties,  etc.,  to 
•     :  '  'r  

■«.:■   -islon    over   officers   and    property 

'■•    ^;    nil    assembly    to    provide    rooms 

?    r     .>urt  and   officers ,... 

-.r.ipher    of.    appointment,    duties, 

J"""'""  etc. . . . . . . 

court    .  .„    deprived 

"I  Ju'  cases 

ST.    LOris   INIUSTRIAL  SCHOOL. 
See   llnmMot  Rttntr. 
name   House   Refuge  changed    t" 


Page. 


Sec. 


100 

116 

note  y 

100 

117 

100 

118 

100 

118 

note  a 

100 

119 

100 

120 

100 

120 

note  b 

100 

120 

101 

121 

101 

121 

101 

122 

101 

123 

101 

124 

101 

125 

101 

126 

101 

127 

101 

127 

note  d 

101 

127 

102 

129 

102 

130 

102 

131 

102 

132 

102 

133 

102 

134 

102 

133 

note  e 

102 

131 

note  f 

102 

13.1 

102 

136 

103 

136 

103 

137 

103 

137 

103 

138 

103 

1«» 

106 

139 

206 

252 

206 

253 

103 


139a 


103 
103 

139b 

isac 

103 

139b 

103 
104 
104 

139c 
139d 
139d 

104 

139d 

104 
104 
104 
104 

I39e 
139e 
139e 
139f 

104 
104 
104 
104 
104 
105 

130f 
I39g 
139h 
1391 
139J 
139k 

105 

139  1 

104 
105 
105 
105 
105 

139m 
139n 
135n 
I39o 
139p 

105 
105 

139q 
139r 

105 

139s 

106 
106 

139t 
139  u 

106 


162 


139v 


254  INDEX  TO  STATE   LA\YS  FOR  ST.   LOUIS. 

Page.  Sec. 

ST.  LOUIS  LAND  COURT. 

jurisdiction    of    transferred    to    circuit 

court 90  61 

ST.    LOUIS  PROBATE  COURT. 

governed    by    general    law 97n 

ST.   LOUIS   (STREET)    RAILROAD  COMPANY. 

may  extend  road 215  603 

may   build   branch    215  604 

STOCK— 

See  Animal!.-,  Parki. 

STRAYS— 

.See  Animals. 

procedure   as    to 79,  80  4 

from    adjoining    county    owner    to    liave 

notice  in  writing    SI  1 

STREET  CARS — 
See  Street  Railways. 

STREET  COMMISSIONICR— 

to     furnish     mayor    maps    of    property 

benefited,    when    212  •    587 

STREET   GR.A.DK.S— 

city  may  establish  and  change,  remon- 
strances, when  tiled,  board  of  public 
improvements   211  5S5   n 

remuneration      or      damages,      property 

benefited    212  586 

maps  of  property   benefited 212  587 

proceedings    heard    by    circuit    court    or 

judge    in    vacation    212  588 

how  proceedings  begun  to  ascertain 
damages  or  benefits  from  grading  or 
regrading    

c-ircuit    court    to    retain   jurisdiction.... 

STREET  RAILROAD.S— 

bridges   and   tunnels   for    use    by 

city   may   regulate  street   car  gates  and 

getting  on   and   off   cars 

citv    council    cannot    increase    rates    of 

fare   213  592 

company    may    change    from    single    to 

double    track    213  593 

other  power  than   horse  power  may   be 

used 

time  table  to  be  posted  in  cars 

tickets   to   be   sold 

to  be   redeemed   and   exchanged 

companies    to    jiay    license 

passengers    not    to    get    on    or   off    front 

platform,  when    

fine   for   not    selling  tickets 

franchises    conlirnied    

limitation    of   rights    

St   Louis  railroad   may   extend   road.... 

may    build    branch    

Gravois  railroad  company  authorised  to 

build   

i-onditions    of    privilege 

CMtizens    railroad    company    not    to    lay 

double    track    

Missouri    railroad    company    authorized 

to    lay    track    

like    pi-ovisions   as   to    same    railroad... 
proviso    imposing    conditions    on    same 

railroad    

act  amendatory   of  certain   acts 

referenctr   to   certain   cluirters 

may   lay   ti'acks.   when 

ma.v   constru<-t   road,  when 

section   repealed    

can   carry    mails    

overhead  wires,  guard  wires  and  fen- 
ders   

duty  where  tracks  cross  railroad  tracks 
may    operate     over     bridge     connei-ting 

city    with    another   state 

sales   of    roads,    equipment,   conditional. 

stock 


212 
213 

589 
590 

87 

27 

213 

591 

213 

594 

214 

595 

214 

596 

214 

597 

214 

598 

214 

599 

214 

600 

214 

601 

214 

602 

215 

603 

215 

604 

215 

605 

215 

606 

215 

607 

215 

60S 

215 

609 

216 

610 

216 

611 

216 

612 

216 

613 

216 

614 

216 

615 

216 

616 

216 

617 

216 

-  61S 

217 

619 

217 

620 

217 
217 

621 
622 

218 

623 

218 
218 
219 

624 
625 
626 

219 
219 

627 
628 

219 

629 

219 

630 

219 
219 
220 

630a 
630b 
630c 

INDKX  TO  STATK   l-AWS   Ki  >K  ST.    LOl'IS. 

Page.  Sec. 

conditional  <ontract«  of  sale  or  lease  to 
!>«•    reeor<h'tl    

f-xMIlnR  r«>titraet8   not    Invalidated 

I'lTtain  aeetlons  of  Htatutes  not  to  ap- 
ply    

ri'c|uii'ementa  for  incorporating:  street 
railroad   companits    

powtTfl  of  corporation 

re<|iilrcd  to  accept  provisions  of  this  net 

Increase  of  capital  stock  and  bonded 
intiebtidness 

preferred  stoclt  authorized   

certain  si'cilons  of  statutes  not  re- 
pea  Icil   

relation    between    United   Railways  and 

llie    Transit    Company 219  630     note  t 

SUBWAYS— 

city  may  build  or  acquire 

powers  of  city.   limitation  of  powers., 
city  may  Issue  bonds    

SUITS  AGAINST  CITY   FOR  DAMAGES— 

rei|ulrlnK  plaintiff  to  Join  as  co-defend- 
ant, person  or  corporation  liable  on 
same    account    121  227 

SUPKUINTKNDENT  OF  SCHOOLS — 

how  appointed,  term  of  ofrice,  assist- 
ants   193  505 

SUPREME  COURT— 

JurL^dictlon  over  nominatini;  conven- 
tions     149  318 

SURETIES— 

on  bond  of  constable  or  marshal  liable. 

when 81  10 

SURGERY   AND   MEDICINE— See  AftdiaMf 
ami  Surxrry. 

SUSPENSION— 

from  office  when   Indicted 

governor    to   appoint    successor 

restored  to  ofrice.  after  when 

SWINE — Se«  Antmals. 

TAXATION    OK    MERCHANTS    AND    MANL- 
KACrURERS— 

liiwer  rale  of  tax  than  that  on  real  es- 
tate authorized    190  •195 

reKulatlon  of  merchants  and  manufact- 
urers'   licenses    191  496     note  b 

TERM.   SI'EClAI^See   Sptxial    Trrm.    C.r.uit 

Couwl 

TOBAao     INSPECTION    OK  -  See    Inspntion 

TOWER  GROVE  PARK— See  Parks. 

TREASURER— See  Ci/y  TVrtWuro-. 

TUNNELS— See  Bridjin  and  TuHneh. 

UNITEl-  STATES  SENATOR— See /'„»/.j„ 
F.lt,ti.m  lor  f.  S.  Srnaliir. 

VACATION— 

powers  of  JudKe  in 92  75 

VENUE.  CHANGE  OF— See  Cimit  Comrt- 
l  »amtf  ,>/   I  'mur. 

In  other  division  for  criminal  causes  In 

case   of   prejudice   or   Interest 9  4  85 


88 

14 

88 

44 

88 

45 

256  INDEX  TO  STATE   LAAYS  FOR   ST.   LOUIS. 

Page.  Sec. 

VOTER,    BRIBERY   OF^ 

at   primary   election 155  31 

VOTERS— 

qualifications  of   130  256 

VOTERS.   REGISTRATION   OF— 

See    Elections  and  Resistration. 

WITNESS  FEES— 

in    court   of   criminal    correction 98  111 

how  taxed  in  court  of  general  sessions  105  139o 

WORK  HOUSE— 

court  of  criminal  correction  shall  sen- 
tence to.  when   102  133 

sentence   includes   hard   labor,   rules....  102  134 

payment  of  fine  after  comriiencement. .  102  135 

county   may   contract   with   city    for  use 

of  for  confining  convicts  in 103  136 

WORLD'S    FAIR   AND    CENTENNIAL    EXPOSITION — 

laws  with  reference  to 223n 

laws  not  given  in  full,  because  general  223n 

WRITS  OF  ERROR  AND  APPEALS— 

from    judgments    of    court    of    criminal 

correction    101  127 


PART  II 


)R(k\NK     rROX'ISIONS   RELATING   TO 
nil-:  MUNICIPAL  GOVERMENT  OF 
THE  CriA'  OF  ST.  LOUIS. 


XCORPORATIOX  OF  THK  TOWX  OF  ST.   LOUIS. 


('HEME  OF  SEPARATION  AND  REORGANIZATION. 

(ANNOTATED.) 


CHARTER  OF  THE  CITY  OF  ST.  LOUIS. 

(ANNOTAI  ED.) 


INCORPORATION  OF  THE  TOWN  OF  ST.  LOUIS. 


TLe  tiiuii  of  Si.  I.imis  was  tirsi  iiKoi-poi-atcd  mi  ilic  inli  ilav  of  November, 
l^i01•.  liv  llic  foiii'l  of  t'otiiiiioii  jilcas  for  the  ilistriit  of  St.  Louis.  ii]ion 
lilt'  iM-litioii  of  iwo  thirds  of  tlie  ta.xahk'  iiilialiitauts,  undcf  authority 
of  an  art  of  the  iejtislature  of  the  Territory  of  Louisiana,  passed  June 
IS.  INtiS.  entitled  "Au  act  concerniuf;  towns  in  tiiis  Territory.''  The 
jud;,'t's  const itutiii^  the  eourt  were  Silas  IJent,  president,  and  Bernard 
I'ratic  and  Louis  I^eUeaimie,  .-issociates.  The  charter  i^raiited  hy  the 
court  was  ihc  only  (uic  under  whicji  the  town  existed  until  ISlil!.  when 
it  was  incorporated  as  a  city.  It  is  to  he  found  in  the  records  of  the 
court,  in  hotik  A.  ]ia{;e  '.VM.  in  the  followini;  words: 

"On  jK'tition  of  sundry  inhabitants  of  the  town  of  Si.  Louis,  prayinj:; 
141  niiicli  of  said  town  as  included  in  the  following  limits  to  lie  incorpor- 
;ite«J.  to  wit :  He^innin};  at  Antoine  Koy's  mill,  on  the  bank  of  the  Missis- 
^•ip|>i;  thence  runnin*;  si.xty  arjients  west;  thence  south  on  said  line  of  sixty 
iir|K'nts  in  tlie  rear,  until  the  same  come  to  the  I?arriere  Denoyer;  thence 
line  ,soutli  until  it  comes  to  the  Sui;ar  Loaf;  thence  due  east  to  the  Mis- 
>ii»sippi:  from  thence,  by  the  Mississip|)i,  to  the  place  first  mentioned.  The 
iiiurt  liaviiif,'  examined  the  s.iid  petitiiui.  and  tinditij;  that  the  same  is 
^i^iied    by    twotliii-d.'«   of   the    taxalile    inhabitanls    residing    in    said    town, 

>rder  the  sjiine  to  Im-  incorporated,  and  the  metes  and  bounds  to  be  siir- 
.••yed  aiul  iiiarkeiL  and  a  jdat  thereof  filed  of  record  in  the  clerk's  office. 
And   havid   Melaunay  and   William   ('.   Carr  are  appointed  commissioners 

>>  »u|>«'rintend  the  tirst  election  of  five  trustees,  in  puisu;nice  of  the  law." 
I  .Miin.  <'odi'.  p.  177.1 

•A  hl.iiory  of  tin-  I'lirly  rliaTtiTs  of  tti<-  City  of  St.  Louis  may  be  found  In  the 
Inlroiluitory  nolo  to  Mr.  McQulllin's  valuable  worlt  "Amended  Charter  of  St. 
Louis,"  1901.  The  author  also  treats  of  the  developments  until  the  adoption 
of  the  present  charter. 


OS 


SCH  BiVTE 


FOR  THE 


SEPARATION  AND  REORGANIZATION  OF  THE  GOVERNMENTS 


OF  THE 


CITY  AND  COUNTY  OF  ST.  LOUIS 

AND  THE  ADJUSTMENT  OF  THEIR  RELATIONS. 


SCHEME 


I-OR  THK 


SEPAKA  rioN    AM)   U'KOKGAMZ ATION 


OK  THE  GOVERNMENTS  OF  THE 


CITY  AND  COUNTY  OF  ST.  LOUIS 


AND  Till';   ADJISTMUNT  OF  TIIICIR   RFXATIONS.* 


SECTION 

1     li.in><.liirli'a.      TiTrltory   of   now   fouuty. 

.ml    county     declared     separated; 

•    ■>rltv  of  roiinty  Court  annulled. 

i   1  -^      for      St.      Louia 

ml    representative 

■  I;    county  seat. 

♦    1  inty  Court  to  order  election 

iber.    1S76;    duties    and    re- 

itles  of  Court  In  connection 

iratlon. 

Sheriff.   Coroner  and    Pub- 
nl.Htrator     for     city;     dutle.s 

■  ••n,Hatlon. 

iial      to     assume     duties     of 
i-r   County    Marshal. 

•  of  County  rx-ollicio  Collector; 
'  I'Tk  of  County  rx-otlicm  Recorder; 
present     Recorder    continued    In    of- 

^  tlon  of  taxes  un- 

of  Collector  and 

.  'ncys;  uncollected 

ofllce   of   County    Auditor 

■    "irt  to  transfer  public  bulld- 

^      moneys,    etc..     to    city;    Mayor 

r.'inin   or  dlschargt-   appointees 

Idle    buildings,    parks,    etc., 

■  d    to    city;    assumption    of 
'-i    debt    by    city. 

■al     Assembly     to     provide     for 

'      V    debt. 

fy   under  Charter; 

Ml  Assembly:  city 

'••    nil-. I   In  April,   is;-. 

rinnci-  and   Its  duties;   term 

Treasurer  to  cease,  when; 

'tlons   for  school    p\irposes; 

county  payable  to  elty. 

■    and  Constables; 
•<  and  Notaries. 
'(>    and   *_;ounty    Surveyors. 
'  <tarles    Public. 


SICCTION. 

IS.   Powers    of    Sherirr    of    city;     dutios    of 

City    Marshal;    powers   of    Sheriff    of 

county. 

19.  Judffes  of  Election  for  November,  1876; 

returns,    etc. 

20.  Public    officers    to    assist    In    carrying: 

out  Scheme. 

21.  Clt.v    may    hold    real    estate    In    county. 

22.  Salaries   of   Judicial   officers. 

23.  Tax    bills    on    property    intersected    bv 

city  limits. 

24.  Authority    of    Municipal    Assembly. 

25.  Admissions     to      Poor     House.     Insane 

Asylum,    etc. 

26.  l^rosecutinjr    .\ttorneys    and    Clerks    of 

Eighth  Judicial  District  continued 
in    office. 

27.  Grand    Jur>';    how    selected    and    sum- 

moned. 
2S.  Grand   Jury;   how  paid. 
20.  Costs   in    criminal    cases. 

30.  Petit  Jurors;  how  seli'cted  and  sum- 
moned; Jury  Commissioner  contin- 
ued   In   office.  J 

3t.   Petit  Jurors;   how  paid. 

32.  Collections    payable    Into    City    Treas- 

ury; payments  into  Count.v  Treas- 
ury; appropriations  by  Municipal 
Assembly. 

33.  Poivers     of     former     County     Collector 

vested    in    Sheriff    of    county. 

34.  Authority  of  Municipal  Assembly  as  to 

revenue. 

35.  Regulations   as   to   animals   running  at 

large. 

36.  School     Districts     Intersected     by     cltv 

limits. 

37.  School      property      transferred      to     St. 

I»uls   Public  Schools. 

38.  Enumeration   of  children   within   school 

ages;    division    of   school    property. 

39.  Expenses   of   Board    of    Freeholders. 


Ak?.J°   ''■'''.  "'   adoption,   and    the   effect    thereof,    etc..    see    Introductory    note    to 
Lnarler.  under  "General   Considerations   Respecting   the  Charter." 


SCHEME  OF  Si:PARATIi>N    AND    RKORGANI/iATION.  205 

Tlu'  lolhiw  iii^'  Sclu'ino  U<v  ilic  scpanitioii  nl'  tin-  <,'<ivcriiiiicnls 
of  St.  I.oiiis  ritv  iiiiil  Couiilv.  the  di'tiiiiiion  ol'  the  iKniudaiMos  of  said  city 
as  t'iiiar;;c'(l,  tlie  rcorjiaiiizatiim  of  the  };o\frmnL'iit  of  said  county,  and  the 
adjust luciit  of  tlu>  ichitioiis  hetwwu  said  city  and  county  so  tliat  thoy  shall 
hcrcaftiT  Im-  iiidc|i('iuli'nt  of  each  other,  is  hei'el)y  adopted  as  tlu^  orjiauic 
law  thereof. 

Sfcticn  1       UoiiiKlarit's   «»!    (In-   City  of    SI.   Loiii.s — Torrilory 

of   St.    liOiii.s    Coiiiity. — The    Ixmndaries    of    tlie    City   of  St.    Louis    are 
lieieliy  eiilar;;ed,  settled  and  established  as  follows: 

The  ciirporaie  limits  of  the  City  of  St.  Louis  shall  coiiiiirise  all  lluu 
ilistri<t  of  country  situated  in  the  County  of  St.  Louis  and  State  of  Mis- 
Houri,  to-wit:  1!e;:iiiniii<;  at  a  point  in  the  middle  of  the  main  channel  of 
the  .Mississippi  river,  and  riitininp;  thence  westwardly  al  rifrht  anjiles  to 
sititl  cliannel,  to  a  jioint  on  the  west  bank  of  .saitl  river  2(10  feet  south  of 
the  tvnter  of  the  inoutli  of  the  River  dea  Peres;  thence  westwardly  and 
|>arallel  to  the  center  of  the  Kiver  des  Peres,  and  2(M)  feet  south  thereof, 
to  the  eastern  line  of  the  l.emay  Ferry  road;  thence  westwardly  to  a  |>oint 
in  the  west  line  of  said  Lemay  Ferry  road  at  its  intersection  with  the 
center  of  the  \\'eber  road;  thence  westwardly  alonj;  the  center  of  the 
\\eber  road  to  its  intersection  of  the  east  line  of  lot  (1)  one  of  the  Caron- 
delet  Coiniuons,  south  of  the  Kiver  des  Peres;  thence  westwardly  to  the 
.Houtheast  corner  of  Rudolph  Overman's,  or  nortlieast  corner  of  B.  H. 
Ilanr's  laiul :  thence  westwardly  to  said  Ilaar's  nortliwest  corner;  thence 
northwestwardly  to  a  point  in  the  «-enter  of  the  firavois  road  ((itlOi  six 
liiindii>d  fit't  southwardly  from  the  center  of  the  bridjre  across  the  River 
lion  Peres;  tlieiice  northwestwardly  to  the  southeast  corner  of  lot  ( ."U ) 
thirty-one  of  the  subdivision  of  the  Mackenzie  tract  in  I'nited  Stales 
Survey  one  thousand  nine  hundred  and  fifty  three  (1,!)."):!)  thence  north- 
^•ptttwardly  in  continuance  of  said  last  mentioned  line  to  the  southern  line 
of  lot  twenty  «ine  (Ul )  of  the  subdivision  of  tht>  said  ^[ackenzie  tract ;  thence 
northwestwarclly  to  a  jioinl  in  the  southern  line  of  Cnited  States  Survey 
J,035.  tweiitysi.x  1 2f!  i  chains  ea.stward  from  the  southwest  corner  of  said 
-Hiirvey ;  thence  northwardly  to  a  j>oinl  in  the  north  line  of  the  subdivision 
i>f  East  Laclede,  si.x  hundred  ((iOO)  feet  west  of  the  McCausland  road; 
'••••nee  northwardly  and  parallel  with  the  center  of  the  McCausland  road, 
.1  |K»int  on  the  Clayton  road  (tiOO)  six  hundred  feet  west  of  its  iuter.sec- 
iiin  with  the  McCausland  road:  thence  northwardly  and  parallel  with  the 
Skinker  road,  and  iliOOi  six  liundri'd  feet  west  thereof,  to  its  intersection 
'li  the  old  Konliomnie  road:  thence  northeastwardly  to  the  intersection 
'he  c»;nter  lines  of  McLaren  avenue  ami  Mead  street:  thence  in  a  north- 
eautwardly  direction  to  a  jtoint  in  the  Hellefontaine  road  (000)  six  hun- 
dred Ui'\  north  of  its  intersection  with  the  Columbia  Bottom  road:  thence 
I  northwardly  and  parallel  with  center  line  of  tlie  Columbia  Bottom 
rwad  to  tlie  northern  boundary  line  of  United  States  Survey  nundier  (114) 
one  hundred  and  foni-ieeii ;  thence  eastwardly  alonj;  said  lint-  to  the  center 
!  of  the  main  rlmnni'l  of  the  Mississijipi  river:  thence  with  the  meanderinfis 
'  of  Mid  channel  southwardly  to  the  point  of  be<;innin;,' ;  and  the  residue  of 
what  now  constitutes  the  County  of  St.  Louis  shall  hereafter  be  called  8t. 
J.oni«  t'oiinty. 

S««  nolo  tn  .^rt    I.  Ser.   2,  of  thr  rtinrtT 

Se<-  J  (  il\  iiiiil  Coimly  «1<>«-Lir(>«l  .scpiiratcd ;  autliority 
"f  Cniiiity  Court  aiiniilhML— The  City  of  St.  Louis,  a.s  described  in 
^the  pn-ccdiii^  seciioii.  and  the  residue  of  St.  T^ouis  County,  as  said  county 
|i«  Dow  con.stitufed  by  law.  are  hereby  declared  to  lie  distinct  and  separate 


u 


266  SCHEME   OF   SEPARATION    AND    REORGANIZATION. 

iiiuuiti])aliti('s,  iuid  all  aulliorily  lieix'toforo  exei-fiscd  liy  Ilic  County  Court 
of  St.  Louis  County,  or  any  officer  of  said  county,  is  liei-el)y  forcvci-  abro- 
gated and  annulled.  exce]>t  for  the  inirposes  and  in  the  cases  as  hereinafter 
jirovided. 


Sec.   :5.     Kloctioii    of    oHioers    f<n-    St.    Louis    Comity — judi- 
cial !ind  representative  ili.stricts  established — county  seat. — At 

the  jieueral  election  for  State  and  other  officers,  on  the  Tuesday  next  fol- 
lowing the  first  Monday  in  November,  1870,  and  every  two  years  thereafter, 
there  shall  be  elected  off'icers  for  St.  Louis  county,  as  follows:  A  Sheriff, 
who  shall  be  r.rofficin  Collector.  Coroner.  Assessor,  Treasurer:  a  Clerk  of 
the  County  Court,  who  shall  be  cr-ofl'icio  Recorder  of  Deeds;  they  shall 
hold  their  offices  for  the  term  of  two  years,  and  shall  perform  such  duties 
as  are  now  provided  by  law  for  such  off'icers,  until  their  successors  are 
duly  elected  and  qualified;  also,  a  Public  Administrator,  who  shall  he 
elected  at  said  election,  and  every  four  years  thereafter,  and  shall  hold  his 
office  for  four  years,  and  perform  the  duties  now  {trescribed  liy  law.  There 
shall  also  be  elected  at  said  election  three  -Justices  of  the  County  Court, 
who  shall  constitute  the  County  Court  of  said  county,  and  their  powers, 
duties  and  terms  of  office  shall  be  as  defined  and  governed  by  the  general 
law  at  present  apjilying  to  other  counties  in  this  State.  And  for  that 
purpose  the  County  of  St.  Louis,  as  established  by  this  Scheme,  shall  be 
divided  into  two  districts  by  a  line  commencing  at  a  point  where  the  Clay- 
ton road  intersects  the  boundary  between  the  City  and  County  of  St. 
Louis,  as  established  by  this  Scheme  and  Charter,  and  running  thence 
westwardly  with  the  Clayton  road  to  the  eastern  boundary  of  P.onhoninie 
township,  as  now  established;  thence  north  with  the  eastern  boundary  of 
said  township  to  the  ^Missouri  River.  So  much  of  said  county  as  lies  north 
and  east  of  said  line  shall  constitute  district  number  one,  and  so  much  of 
said  county  as  lies  south  and  west  of  said  line  shall  constitute  number  two. 
One  Justice  of  the  County  Court  shall  be  elected  by  the  (jnalified  voters  of 
each  of  said  districts,  and  the  ]^r(>siding  Justice  of  said  County  (^'ourt  shall 
be  elected  at  large  by  the  qualilied  voters  of  said  county.  Said  county  shall 
be  divided  and  numbered  in  the  same  manner  into  two  Representative  Dis 
tricts,  and  until  otherwise  districted  by  law,  one  Representative  in  the 
General  Assembly  of  the^ State  shall  be  elected  by  the  qualified  voters  of 
each  of  said  districts.  Immediately  succeeding  the  election  in  November.  1876. 
and  when  the  result  thereof  is  officially  determined  as  hereinafter  jirovided. 
the  Justices  of  the  County  Court  shall  meet  at  James  C.  Sutton's  house, 
on  the  Manchester  road,  for  the  ]>urpose  of  organizing  the  new  government 
of  the  county,  deternuning  the  bonds  of  the  county  officers,  and  makinjr 
such  appointments  as  may  be  authorized  by  law.  Said  Court  may  deter- 
mine at  what  place  in  said  county  said  Court  shall  meet  and  the  county 
offices  be  located  until  the  question  of  a  ])ermanent  seat  of  justice  may  be 
determined.  And  for  that  ]>urpose  the  following  persons  shall  be  and  they 
are  hereby  a])|)ointed  Commissioners,  to-wit:  Robert  0.  Coleman.  Wm.  W. 
Henderson  and  Thomas  'T.  Sapjiington.  who  shall,  after  the  Scheme  goes 
into  effert,  select  a  suitable  ])lace  for  the  count  seat  of  said  county,  and  ro 
lK)rt  such  selection  to  the  County  Court  of  said  county,  when  it  shall  be  the 
duly  of  said  Court  to  submit  to  the  qualified  voters  of  said  county,  at  a 
sjiecial  election  to  be  ordered  by  said  Court,  within  six  months  from  the 
filing  of  said  report,  the  question  as  to  whether  the  place  .so  selected  shall 
be  tlie  ])lac(>  for  the  permanent  seat  of  justice  of  said  county;  and  if  a  ma 
jority  of  the  (pialificd  voters  of  said  county,  voting  at  said  election,  shall  he 
in  favor  of  said  location,  then  the  same  shall  be,  and  remain  the  seat  of 
justice  or  county  seat  of  such  county;  but   if  a  majority  of  the  qualified 


4k 


srni^Mi:  of  si:i'ai:.\ti<  p.n  .\ni>  i;i:i>i:i;  am/ atii  in  2()7 

voters.  Milinji  at  smli  ficrtioii.  shall  lie  a;,Miiisi  siiili  ImatiKH.  tlicii  the  pcf- 
inaiit'iit  scat  nl'  jiislicc  shall  he  cstaiilishcil  in  (lie  iiiaiitu'i-  as  at  |ii'fsciit  jii'o- 
vi(le<l  l)V  law  in  rt'p:afil  In  new  ((Uiiiliis.  'riicio  shall  he  elected  at  said  elec- 
tion sni-ii  justices  of  the  peace  and  coiistaldes  I'of  the  iminty  as  said  county 
ina\  Ih'  entitled  to  nnder  existing  laws,  who  shall  hulcj  ilicir  olTiees  accord- 
iu<l  to  the  ueiicial  ]ii'()\  isions  ol'  law  a]i|ilyiiiu  lo  nilirr  ciiiiiiiics  in  Iliis 
»tate. 

The  IcKlslatiiro  has  power  to  change  the  tenure  of  office  and  dates  of  election  of 
oftlctTS  as  nxed  by  this  section  of  the  Scheme,  and  It  did  sio  as  to  clerks  of  courts 
by  laws  1877.  p.  192:    State  ex  rel.  vs.  Matthews.  '.H  Rln.   in. 

Sit.  4.  l*r<>s<'iit  Connie  Court  to  of<l«'i'  «■!«><■(  ion  Novoiii- 
Imt.  IS7<> — (lnli«'*i  iiiul  iH'spoiisihilini's  «»r  Coiirl  in  i-onncction 
with  >«>piii'alion. — 'I'lif  pi-.-.-..'iii  ('(niuiy  ('(Hirl  uf  Si.  Luiii.-.  County  .shall 
order  and  make  all  necessary  ari-an};eiiKMUs  lor  the  general  State 
election  in  Noveiiilier  next,  anil  shall  order  at  the  same  time  the  election 
of  the  Justices  and  (dTicer.s  for  St.  Louis  ("oiinty,  as  specified  in  the  ]ii'e- 
I'cdin;;  sectit>ii,  and  the  meiiiliers  of  the  present  County  Court  thereof  shall 
continue  in  authority  and  in  tlie  discliar-je  id'  their  present  duties,  except 
a»  herein  otherwi.se  provided,  until  the  new  County  Government  is  orjjan- 
ized.  and  the  jiropei'  county  ofticers.  as  ]irovidi'd  herein,  are  comiiiission(>d 
anil  i|ualilied.  and  ihereuiioii  their  terms  of  office  and  that  of  Clerk  of  said 
Court  shall  cease,  and  the  offices  of  Justices  of  the  County  Court  and  Clerk 
of  the  sjiid  County  Court,  as  now  established,  shall  be  forever  abolished: 
Proriiliil.  That  nothin<;  in  this  section  shall  relieve  said  Court  and  its 
iifficers  and  employees  from  full  res|ionsiiiility  for  the  iiianafjcmeiit  and 
custody  of  all  interests  and  pro]i(M't.\  of  the  County  of  St.  I.ouis.  as  con- 
Mtitiite<l  previous  to  the  adojilioii  <d'  this  Scheme  iiiiiil  ;i  roiinal  transfer 
of  the  .sjuiie  to  the  jiroiwr  authority,  as  herein  pro\  iiled.  has  hciMi  ell'ected. 

S.  .    iii.le   to   .\rt     IV.  Sec.    1    of  Charter. 

s. .     .'.      l-^l(M-tion  of    SIm'imIT,  Coi-oiu-f.  iuul    l*nlili<'    .\«lniinis- 

trator    for    <dl> — (liili<'«>    aixl    coniiM-nsat  ion. — It    .-IjmII    1m    ili.    duty 

of  the  .Ma\or  of  the  City  of  St.  Louis  to  order  an  election  on  the  same  day 

iM  the  p'lieral  election  in  Novend>er.  iSKi.  and  every  two  years  thereafter. 

for  n  Sheriff  for  the  City  of  St.  l.,ouis.  and  Coroner  for  said  City,  who  shall 

lie  eh'f-ted  by  the  tpialilied  >oiers  of  said  city,  and  shall  hold  their  offices 

for  two  years  and  until  their  successors  are  duly  elected  and  iphilitied.  and 

[they  shall   Ik-  commissioned   by    the   .Mayor.     .\    Tublic   Adininistralor    for 

,  !«iiil  city  shall  also  be  elected  at   the  jxeneral  election  aforesaid,    and    every 

I  four  yeaitt  thereafter,  whose  term  of  id'fice  shall  be  four  years,  and  whose 

I'-s  shall  In-  as  provided   by   la\N.       The    otVicial    bond    of    said    olficers 

lil  Ik-  lixed  and  di'termined   b\    the   .Mnnii'i|ial   .\ssembly.   in    conformity 

i»ith  the  constitution  and  laws;  and  pciidiii;;  sinh  action  the  Sherifl",  Coro- 

iier  nnd   Public  Administrator    shall  ^ive  bond    in  such  amounts  as    now 

in-quin-d  of  like  ofticers  for  the  present   County  of  St.    Louis,   with   not    less 

than  two  securities,  owners  of  unincumlM-reil  real  estate  in  the  City  of  St. 

d.otiis.  to  |m>  approved  by  the  Mayor:    and  said  bonds,    when  so  approved. 

shall  Ih-  tiled  with  the  Keijister:  and  said  ofticers  shall  res]K'ctively  perform 

within  the  city   limits  such   duties  as  are  now   provided   by   law   in   ref^ard 

ito  the  SheritT.  Coroner  and  Public  .\dminislrator  of  St.  Louis  County,    and 

'I  receive  the  same     com|H>nsation    allowed  saiil  officers    of    St.    Louis 

luty  prior  to  the  adoption  of  this  Scheme,  until  otherwi.'^e  provided  by 


268  SCHEME   OF   SEPARATION    AA'D    REORGANIZATION. 

law.  Tlie  Ci)iouei-  shall  di.s»Larjfo  llie  duties  ol'  .Sliei-ill  iu  ail  oases  in  «  hich 
Coroners  are  autliorized  to  discharge  those  duties  by  law. 

See  a.s  to  elections,  term.s.  etc.,  note  to  Charter,  Art.  IV.  Sec.  1.  The  adoption 
of  tile  .ScIiciTie  and  Charter  was  at  first  supposed  to  be  defeated,  and  no  election 
for  sheriff  was  called  in  November,  1876,  (or  the  City  of  St.  Louis-  but  the 
office  of  the  old  county  no  longer  existed  owing  to  the  fact  that  the  Scheme  of 
separation  had  actually  as  it  developed,  been  adopted,  and  it  u'as  held  that  one 
elected  as  sheriff  for  the  supposed  county  had  no  more  than  color  of  title  and 
it  devolved  on  the  Governor  to  appoint  the  first  lawful  sheriff:  State  ex  rel. 
vs.  Finn,  4  Mo.  App.   347. 

Duties  and  Powers  of  Sheriffs  and  Coroners  in  St.  Louis,  see  references  in  notes 
to    Charter,    Art.    IV,    Sees.    14    and    31. 

Sic  (i.     City   Marshal   to   a.s.siiiiie   duties  of   t'oriniT  County 

Mai'slial. — The  Marshal  of  the  City  of  St,  Louis,  iu  additiou  to  his  other 
duties,  shall  assume  aud  discharge  all  the  duties  heretofore  discharged  iiy 
the  Marshal  of  i^t.  Louis  County,  within  the  limits  of  the  City  of  St.  Louis; 
and  the  jn-esent  County  ^Marshal  shall  deliver  to  said  City  Marshal  all 
books,  docuiiK'iiis  and  pr()](erty  of  every  kind  iu  his  ]»ossessiou  by  virtue 
of  said  office,  exccjit  such  in-ojierty  as  may  properly  belong  to  the  reorgan 
ized  Couuty  Government,  which  shall  be  delivered  to  the  Sheriff  of  St.  Louis 
County,  elected  in  November,  1876. 

Effect  of  Scheme  on  old  county  marshal  was  to  abolish  the  office  and  confer 
same  on  the  new  city  marshal  until  otherwise  provided,  etc.:  See  discussion 
as  to  duties  of  marshal,  sheriffs,  etc.,  in  State  ex  rel.  vs.  Mason,  4  Mo.  App.  377. 
Duties  of  Marshal:  See  also  Scheme,  Sees.  IS,  27,  30;  Charter,  Art.  IV,  Sec.  31; 
Rev.   Code,    Sees.    1329-1339. 

Sec.  7.  County  Slieriflf  ex-otticio  Collector— County  Clerk 
t^x-otlieio   Heeor«ler — present  Hecorder  to  eontinue  in  ottiee.— 

The  Slierih  of  St.  Louis  County,  elected  as  jirovided  in  section  3,  shall 
be  ex-officio  Collector  of  the  revenue  of  said  county;  and  the  Clerk  of  said 
County  Court  shall  be  v.r-officio  Eecorder  of  Deeds  for  said  county;  and 
the  present  Recorder  of  Deeds  for  St.  Louis  County  shall  hereafter  be 
known  as  Recorder  of  Deeds,  and  shall  hold  his  office  for  his  term  as  now 
prescribed  by  law,  and  until  his  succes.sor  shall  be  elected  aud  (lualiticd; 
and  at  the  general  election  in  November,  1878,  and  every  four  years  there- 
alter,  a  City  Recorder  shall  be  elected  by  the  qualified  voters  of  the  Citv 
of  St.  Louis. 

.Sheriff  as  ex-nfficitr  coHector  of  St.  Louis  Co.  under  this  section:  See  Webster 
vs.   Smith,   78  Mo.   163.     ^' 

Sec.  8.  Assessment  and  eolleetion  of  taxes  under  S<'henie 
—  duties  of  Collector  aud  Treasurer  as  to  moneys  —  uncol- 
lect e«l  tax-bills  — office  of  C<Minty  Aiulitor  al)«)lished. — The  oflRec 
of  the  I'resideut  of  the  Board  of  Assessors  is  hereby  declared  a  city  office, 
and  is  placed  under  the  control  of  the  city  government,  but  the  President 
of  said  Hoard  shall  cause  the  books  and  plats  of  said  office  to  be  divided, 
and  such  portions  thereof  as  exclusively  refer  to  St.  Louis  County  shall  be 
delivered  to  the  x>i'oper  officer  for  the  use  of  said  county;  but  if  this  cannot 
be  done,  or  can  be  done  only  in  part,  then  abstracts  shall  be  made  thereof 
and  the  cost  of  same  ])aid  out  of  the  City  Treasury.  The  present  State 
and  County  Collector  shall  continue  iti  office  until  the  expiration  of  his 
official  term,  and  thereafter  his  duties  shall  be  discharged  by  the  (-ity 
Collectoi',  and  upon  this  Scheme  going  into  ojid'ation  the  said  State  and 
County  Collector  shall  pay  over  all  collections  for  city  and  county  taxes 
levied  for  general  purposes,  and  for  licenses  collected  within  the  city 
limits,  as  herein  extended,  and  all  county  taxes  for  interest  and  ])arks,  to 
the  Treasurer  of  the  City  of  St.  Louis;  and  all  collections  for  county  and 
school  taxes  on  pro])eriy  and  licenses,  excejit  all  cduiity  taxes  for  interest 
and  jiarks,  in  St.  Louis  County,  he  .shall  jiay  to  the  present  County  Treas- 


J 


SCHKMP:   (tV   SKPAUATIDN    AND    UK<  )ltr.  ANIZATION  209 

urn-,  until  ilir  rii'asmci-  ol  saiil  rmmiv  is  clcclcd,  as  iiroNidcd  lor  in  sec 
tioii  ;{;  and  wlii'ii  tliat  idfut'i-  has  duly  (|iialitit'd,  llic  iiirsent  County 
TreasiinT  sliall  pa.v  oxer  to  him  all  .sui-h  colloclioiis  I'oi-  thi-  use  ol'  said 
couiiiv.  and  Irtiin  and  al'iiT  the  tiiiic  (he  ("iMinty  Treasuivr  of  St.  jjniis 
I'tiiinly.  as  nuistituled  liy  tiiis  Scheme,  is  elected  and  i|iialified,  and  diifiiiy; 
the  rDiitinnance  in  (il'tice  id'  said  Coiintv  ("ollecldr.  lie  shall  in  like  manner 
|>a\  i>\er  all  revenue  cidlect  ions,  aliove  nuMitioiK'd,  to  the  City  and  ( 'Dimly 
'I'reasufers  respect ively.  At  tlu>  close  ol'  liis  term  of  ollii'e  he  shall  ell'ect 
a  wttleinent  with  the  city  and  cotmty  authoiilies,  and  shall  account:  for 
all  lax  hills  placed  in  his  possession,  and  shall  turn  over  all  uncollected 
hills  in  his  possession,  as  follows:  To  ihc  ("omijtridler  all  tax-bills  on 
pro|H'rl\  within  the  city  limits  as  herein  estahlisheil,  and  to  the  Clerk  of 
the  Si.  l.onis  County  Court  all  tax  hills  on  projx'fiy  outside  of  <'ity  limits. 
The  oftice  of  County  Audilor.  as  il  at  present  exists,  is  aholished,  hiil  that 
oflicer  shall  continue  in  oftice,  and  lie  resjionsilile  on  his  boiul  until  all 
iMMiks.  ilocnments,  moneys,  and  other  ]iroper(y  in  his  hands,  or  under  his 
charjie  liy  virtue  of  his  office,  have  been  ju'operly  accounted  for  and  turned 
over  to  the  parlies  autlnu-i/ed  hy  law  to  receive  them.  The  assessment 
of  prn|n-rly  for  the  taxes  of  the  year  1ST7  in  the  city  as  constituted  by 
this  .•"Jclieme.  shall  be  made  by  the  I'resideut  of  the  Hoard  of  Assessors  of 
the  present  County  of  St.  Louis,  in  the  manner  provided  l).\-  law;  said  ['resi- 
dent shall  kiH-|>  a  separate  set  of  books  (or  the  property  in  the  city  as  now 
constituted,  and  for  that  in  the  enlarged  limits  of  the  city.  As  soon  as 
the  a.xsessment  books  for  the  city  and  fiu-  the  (Milarjjed  limits  shall  have  been 
■  Dinpleled  and  corrected  as  re(|Uired  by  law.  they  shall  be  turned  oxci-  by 
-*aid  ['resident  with  the  other  books  and  |)lals  of  his  oftice  to  the  ]>ro|)er 
iiflicer  of  said  city,  .\tter  the  assessment  books  have  been  corrected,  the 
President  of  .Assessors  shall  make  out  a  fair  cojiy  of  the  same  and  shall  make 
all  abstract  of  said  books,  showinij;  the  amounls  of  the  several  kinds  of  pro])- 
•Tty  taxeil,  specifyin;::  First,  tlie  amount  of  all  i)ropcrty  within  the  old 
limits  of  the  City  of  St.  Louis,  second,  the  amount  of  value  of  all  ])roperty 
within  the  new  or  extended  limits,  and  outside  the  old  limits,  and  add  thereto 
Iii8  cerlilicate  that  the  same  contains  a  true  and  correct  list  td'  all  taxable 
|>ro|H'rty  in  the  City  of  St.  Louis,  so  far  as  he  has  been  able  to  ascertain  the 
same.  Said  abstract  shall  be  veritie<l  by  oath  and  delivered  to  the  ilayor  of 
St.  Louis  on  or  before  the  fourth  .Monday  of  .lune,  |.'>;T7.  As  soon  as  the  As- 
s.'x.Hor  of  St.  Louis  County  shall  be  elei-ted  and  rpialitied.  the  ['resident  id'  the 
Hoard  of  .\ssess<u"s  shall  ileliver  to  the  .said  As.sessor  the  books,  plats,  and  all 
l>a|N>n«  appertainin<;  to  the  pro|ierty  of  said  county,  as  herein  provided,  and 
■  .Ml  l»e  the  duty  of  the  .\ssessor  of  said  County  to  assess  the  ]>i-operly  of 
.  i-oiinty  in  the  same  manner  as  now  jirovided  by  law  for  other  counties 
f'i  this*  State. 

See.  !).     ('<iiiiil>   Coiirl   to  triiiisftT  piiltlie  liiiil(liii'>'s,  iiioiM'ys, 
Vtr.,  t«»('it>  — «'niplo\cs  fo  ronliniM'  until,  (*<<'.     .Ma.>«»r  may  retain 

i»r  «li«»eliary;<'  appoint  <'«■><  of  ( 'oiirt. — It   shall  In-  the  duty  of  the  ])resent 

iit\    I'onrt   of  .s;t.   Louis  County   to  see  that  all   buildiii;;s.   moneys,   and 

!•  property  lielonj^in;;  to  the  counts,  whiih  are  jdaied  undi'i'  the  control 

lie  city  under  this  Sidieme.  shall  Im-  foi-inally  and  projierly  Iransferred. 

I  Court  shall  cause  all  records,  books,  jiapers.  etc..  now  in  the  office  of 

laid  Court  to  lie  turned  over  to  the  Hefji-ster.  who  shall  duly  schedule  same. 

nd  re|M)rt  the  same  for  inspection  of  the  Mayor.     .Ml  employees  and  officers 

|n>W  in  the  service  of  the  county  in  connection  with   puldic  institutions  or 

'  •  rn i,s«>.  under  appointmeni   of  said  Court,  and   wiihin  the  limits  of  the 

of  St.   Louis  as  hi-rein  established,  shall  toiitinne  in   the  discharjre  of 

liit'ir  duties  under  the  present  ruli-s  and  re;.MilaI  ions  until  notitied  to  the  con- 

rarv  by  the  Ma\or  of  the  litv,  who  shall   haxc  aiiilmriiy  to  retain  or  for 


270  SCHEME   OF   SEPARATION    AND    REORGANIZATION 

unlitiK'ss  (li.scliaific  siuli  as  lie  iiiav  (Icem  necessary  and  to  till  any  vacaneieh 
that  may  occur,  until  the  Municiital  Assembly  can  provide  by  ordinance  for 
tlie  government  of  sucli  institutions  and  regulations  of  such  service. 

The  mayor,  under  this  section,  Iiad  power  to  remove  or  suspend,  pending  the 
period  of  doubt  as  to  the  adoption  of  the  Scheme  and  Charter:  Howard  vs  S* 
Louis,    SS  Mo.    656,   660. 

Sec.   10.     Title  to  public   buihliiififs,  park.s,  etc.,  transferred 

to    City  —  assnniptioii    of    County    «lel)t    by    City All   the   imlilic 

liuildiiios.  insf itutious.  [)iiblic  jiarks.  and  property  of  every  character  and 
desci-iptioii  hcrelolore  owned  and  controlled  by  the  County  of  St.  Louis, 
within  the  limits  as  extended,  including  the  Court-house,  the  County  Jail, 
the  Insane  Asylum  and  the  I'oor-house.  are  hereby  transferred  and  made 
over  to  the  City  of  St.  Louis,  and  all  the  right,  title  and  interest  of  the 
County  of  St.  Louis  in  said  i)roperty,  and  in  all  public  roads  and  highways 
within  the  enlarged  limits,  is  hereby  vested  in  the  City  of  St.  Louis,  and 
divested  out  of  the  County;  and  in  consideration  of  the  city  becoming  the 
pro)»rietor  of  all  the  county  buildings  and  iiro])erty  within  its  enlarged 
limits,  the  city  hereb.v  assumes  the  whole  of  the  existing  county  debt,  aad 
the  entire  jiark  tax;  and  the  ^lunicipal  Assembly  shall,  as  soon  as  ])rac- 
ticable  after  the  adoption  of  this  Scheme  and  Charter,  provide  by  ordinance 
for  the  management  of  the  property  and  public  institutions  hereby  placed 
under  its  charge. 

Cited  in  St.  Louis  vs.  W.  U.  Tel.  Co.,  149  U.  S.  loc.  cit.  469.  Title  to  public  prop- 
erty  under  this  section  passed  to  the  city:  St.  Louis  vs.  Ry.,  114  Mo.  1.  c.  20. 

The  insane  asylum  is  a  private  institution  belonging  to  and  controlled  by  the 
City  of  St.  Louis,  and  is  not  included  under  the  general  statutes  as  one  of  the 
State  eleemosynary  institutions:  State  vs.  Selbert  123  Mo.  424,  429.  See  Charter 
provisions  as  to  insane:  Art.  Ill,  Sec.  26.  Clause  3;  -Art.  XII,  Sec.  5.  Ordinancef. 
Rev.  C,  Sec.  747   ri  ieij 

Under  section  10  of  the  Scheme  the  Building  Com'r  and  not  the  Criminal  Court 
appoints  the  janitor:      State  ex   rel.   vs.   Smith,    S2   Mo.    51. 

Sec.  11.     Municipal    Assembly   to    provide    for    payment  of 

<Hmnty  debt. — Tli<'  Muiiici|ial  As.sciuMy  sliall  from  time  t<i  tiiiii-  iiiakt- 
ju-ovision  by  ordinance  for  the  jiayiuent  of  the  county  debt,  and  interest 
thereon,  as  the  same  matures,  and  in  all  res))ects  said  debt  shall  be  consid- 
ered a  city  debt,  and  shall  be  transferred  to  the  books  of  the  city,  and  em- 
braced in  all  official  statements  of  its  funded  liabilities. 

Scr.   IL'.     City  officers  to  (pialify  under  Charter— election  of 
Municipal  Assembly — City  offices  to  be  tilled  in  April,    1<S7(.— 

Until  provision  is  made  by  ordinance  for  carrying  out  the  provisions  of  tbe 
preceding  sections,  and  until  the  officers  provided  for  under  the  Charter 
framed  and  ado]ited  by  this  Hoard  are  elected  and  qualified,  and  after  this 
Scheme  and  the  Charter  Iramed  hereunder  go  into  o])eration.  the  present  citv 
t)fficei-s  shall  (pialify  under  such  Charter,  and  jierform  all  the  duties  and 
exerci.se  the  ]iowers  of  their  oH'ice  under  such  Charter,  except  as  otherwise 
provided  in  this  Scheme  and  Charter,  and  under  the  ordinances  of  the  citv 
not  inconsistent  therewith,  within  the  enlarged  city  limits.  For  the  purpose 
of  electing  a  Municipal  Assembly  under  such  Charter,  an  election  for  nieii) 
bers  of  the  .Municipal  As.sembly  sliall  be  held  at  the  same  time  as  the  general 
State  election  to  be  held  in  N()veniber.  1870.  ainT  the  term  of  otfice  of  the 
mcmhers  of  said  Assembly  shall  continue  for  the  same  time  and  on  the  same 
condition  as  if  the  same  commenced  after  the  cily  election  in  Ajiril,  1877. 
as  i)ro\ided  for  in  such  Charter:  Piorldcd.  That  in  case  of  a  vacancy  in  the 
office  of  the  Mayor,  the  present  (Comptroller  of  the  city  shall  be  aiithorizeil 
to  act  and  shall  act  as  such  ^layor  until  such  vacancies  shall  be  filled  as  pro 
vided  in  the  Charter  framed  under  this  Scheme;  and  provided  further,  That 


at 


SniKMIC    Ol-'    SKl'AltATI.iX     ANI>    KiOOHi;  AN  IZATION.  •_);  I 

all  iil\  iill'ifi's.  fxci'iit  ilic  Muiiiiipal  AsscimIiIn  ami  siu  li  oltiics  wluisc  iiiciim- 
iM'iitM  HIT  s|K'(irnall\  loiiliinicd  in  otlico  fill  tiic  expiration  of  tlu-ii-  (criii  by 
this  Siliciiic  and  t'liaricr.  and  all  aii|i(iintivc  tilliccs  of  the  cilv  of  of  an\  of 
its  di-partuit-nls.  shall  In-  \araiii  lidui  and  altt'i-  llii'  city  clt'ction  pro\idod  for 
in  till'  t'harli'i-.  to  Ik-  held  In  A|.iil.  IST7.  and  shall  lie  tilled  hy  the  oflicers 
then  elecied.  and  liy  appoint  nienis  liy  the  Mayor  ami  ollicers  then  eleeled.  as 
in  snih  Charier  picseriheil. 

S, .  |:;  15<i;ii(l  <>l  limine*'  :iii(l  its  diilies  teiiii  of  ('«Miiify 
rreiisiirrr  «-«';i>»'>,  \\  hen  —  (;i\  eolleeli<MiN  i'nv  seliool  pnrpost's — 
«U'l»t.s  <ln«'  County  p:i>:il>h'  to  City. — A  Hoaid  of  Fiiuiiiee  is  InTehy 
realed.  lo  eonsisi  of  ilie  M.ivor  ami  » "oniptfollei-  of  the  City  of  St.  Louis 
and  the  .liistiees  of  the  tdiiiiiv  ("ouft  fi-om  ihc  I'ifili  ami  Sixih  Distfiets 
of  St.  Loiiis  Connly,  whose  dni.\  it  shall  lie.  iniine<liaiely  aller  this  Sehenie 
;;o«'s  into  operation,  to  examine  ami  \efify  the  connly  indelih'ilness.  as  I  he 
sinie  exi.-<leil  at  the  lime  I  his  Scheme  Went  into  operation,  oil  the  hooks  of 
the  county,  as  to  honds  and  all  other  claims,  ami  to  asceilain  and  declare  the 
nnioiiut  necessary  Utv  the  payment  of  the  enrreiit  expenses  of  I  he  connly  lo 
«ueh  time,  and  to  ascertain  the  balance  of  cash,  after  dedm  liiii;  ihe  ainonnt 
iieeex.sary  for  the  payment  of  sncli  cnrrent  expenses,  in  ilie  hamls  of  the 
t'oiuity  Treasnrer  and  the  source  whence  derived.  And  all  collections 
made  on  acconnt  of  taxes  for  interest  and  the  [larks.  ami  that  portion  of 
said  balance  which  was  collected  for  fjeneral  purposes  within  Ihe  extended 
i-ity  limits,  shall  he  ]iaid  into  the  City  Treasury;  and  that  jiortion  which 
was  collected  for  };eneral  jmrposes  within  tiie  Cotiiity  of  St.  l.,ouis,  as  con 
stituted  by  this  Scheme,  shall  be  ]iaid  into  the  treasury  of  said  county;  ami 
the  same  conrse  shall  be  ptn-sned  witii  reference  to  all  moneys  coiniiif;  inti> 
the  hamls  of  the  present  County  Ti'easnrer  after  this  Scheme  shall  jio  into 
i>|MTation.  The  term  (d'  the  ]>re.sent  County  Treasnrer  shall  cea.se  when  ihe 
Tn'asnrer  for  the  County  of  St.  Louis,  as  herein  consliinted.  shall  ha\('  been 
elecied  and  ipialitied.  The  Connly  Auditor  shall  projierly  acconnt  for  all 
schiKtJ  moneys  for  which  he  is  in  any  way  responsible  to  Ihe  projier  antiior- 
ities,  and  all  tax  collections  for  school  purposes,  made  either  by  the  Cily 
or  Comity  of  St.  Louis  for  tiie  i>resent  or  any  otlier  year,  shall  he  applic'(l 
only  to  the  sn|i|iorl  of  (inblic  schools.  All  debts  and  obli<:alions  due  or 
|>a>able.  or  lielon;.'inu  lo  the  ]iresent  County  of  St.  Lonis.  shall  be  consid- 
itmI  due  and  ia.\al)le  to  the  City  of  St.  Lonis;  and  the  rijihl  to  sue  for  and 
t<»  adjust  and  colleit  same,  or  any  part  thereof,  shall  be  vested  in  said  city. 
The  ainoiiiit  above  as»-ertaiiieil  ftn-  Ihe  |»aynieiii  of  iiiircni  cx|ienses  shall 
U'  paid  in  the  m.'inner  provided  by  law  onl  of  I  lie  sniii  almM-  reserveil  for 
.lUi'h   purpose. 

See.   14      >li-t  ropolitiin    l*«»li«'t'.— The   Metro|)olit«n    Pidice  force   of 

I'itv  of  St.  Lonis.  as  now  esiablislu-d  by  law.  shall  be  maintained  at   Ihe 

■   of  the  Cily   of  St.    Lonis;      I'liiiiilcil.  hmririr.  That    the   .Melropoiilan 

i'olice  of  the  City  of  St.  Lonis  shall  ha\e  the  same  jiower  and  jnrisdici  ion 

ill  the  Connly  of  St.  Louis,  as  consiilnied  by  this  Scheme,  as  now  provided 

l>y  hiw :     I'loriiliil.  That  upon  a  jietition  of  the  County  Courl  of  Sr.  Lonis 

Ciiiinly   the   Itoard   of   I'olicu  Commissioners  shall   a]i]i(Mnt   and   eipiip   not 

If  than   twenty   policemen,  as  provided   in   the  a<t  approved    .March    K'.. 

1  ^'>7,  for  duty  in  said  i-ounly.     The  cost  of  ei|ni|>]dn^  and  mainlainiii';  said 

ijxilkv  shall  Ih-  paid  l>y  the  county  as  herein  eslablished. 

Charter  F'rovlxlona  i-onct-rnlnK   PoIIop:   S<-o  Chnrti-r.    Art.   III.  Sec.  26,  Cliiuiie  2; 
I  («nr1    SI-.     rnte    thereto);    Art    XVI.    Sees.    16.    H;    State    law    now    rontrols.    as    to 

^' '  'ijf    amU    pp     174    to    1S2.    "IjiWii    Applk'nblr    to   St.    I-ouls."   Sees.    427- I'm 

'■  •'-      Sec.    H    of   the    Scheme    In    so    far   ns    It    purportH    to    confer    pi>\Vfr 

"^  n  on  the  city   police  to  net   In   the  County  of  .St.   Louis.   1h  superseded 

and  .•iiiiiui;.  ,1  by  the  nietropnllian  police  net  of  1S99.  and  the  police  force  of  the 
city  have  no  niithorlty  to  net  na  such  In  the  county:  State  ex  rcl.  vs.  Stoble.  191 
Mo.   It.   (MnrshnU  nn.l  Valllnnt.  J.I..  dissenting). 


272  SCHEME   OF  SEPARATION    AND    REORGANIZATION. 

See.  lo.  Justices  of  the  Peace  and  Constables— bonds  of 
Constables  and  Notaries — Until  othei-wise  jn-ovided  by  law,  all  the 
present  Justices  of  the  Peace  and  Constables  sliall  hold  their  offices  until 
the  expiration  of  their  present  terms,  and  only  such  Justices  and  Con- 
stables shall  be  elected  in  November,  1876,  as  may  be  necessary  to  fill  va- 
cancies. All  commissions  of  Justices  of  the  Peace  and  Constables  elected 
in  the  City  of  St.  Louis  shall  be  issued  by  the  Mayor,  and  a  record  thereof 
kept  by  the  City  Register.  All  bonds  of  Constables,  and  of  all  Notaries 
Public  appointed,  shall  be  approved  by  the  Mayor,  and  a  record  of  the  same 
sliall  be  kept  in  said  Register's  office. 

It  being  at  first  supposed  that  the  adoption  of  the  Sclieme  and  Charter  were  de- 
feated, the  act  of  tlie  county  court  in  approving  a  constable's  bond  in  the  interim 
was  validated  by  the  rfr-  fado  principle:  Schaeffer  vs.  Bernero.  11  Mo.  App. 
562.    564. 

Approval   of  Constables'   bonds:   See  Rev.   Code,   section   1506   and   167S. 

.\s  to  Justice  of  the  Peace  and  Constables  generally,  in  St.  Louis,  see  "Law.s 
Specially  Applicable  to  St.  Louis,"  sections  lT.'!-204;  also  Rev.  Code,  sees.  1324-1328. 

Sec.  16.  City  and  countj'  surveyors. —The  Mayor  of  the  City 
of  St.  Louis,  with  the  a])proval  of  the  (.'ouucil,  may  appoint  any  number 
of  competent  persons,  being  civil  engineers,  as  City  Surveyors,  whose 
duties  and  jiowers  shall  be  as  now  provided  by  law  in  regard  to  County 
Surveyors;  but  all  ajiplicants  shall  produce  satisfactory  testimonials  of 
good  character  and  competency,  and  when  appointed  shall  give  bond  in 
the  sum  now  required  by  law  from  surveyors  in  St.  Louis  County,  and  the 
County  Court  of  St.  Louis  may  appoint  County  Surveyors  under  the  same 
restrictions.  The  jiresent  County  Surveyors,  commissioned  by  the  County 
Court  under  an  act  entitled  "An  act  to  amend  clia])ter  27  of  the  General 
Statutes  of  Missouri  relating  to  County  Surveyors,"  approved  ilarch  25. 
1872,  may  continue  in  authority  and  in  discharge  of  their  present  duties 
in  the  City  and  County  of  St.  Louis  until  the  expiration  of  the  commis- 
sions held  by  them  respectively,  and  the  said  City  Surveyors  shall  have 
power  to  execute  in  the  County  of  St.  Louis  all  orders  of  the  Circuit  Court 
of  the  I'viglith  Judicial  (Circuit,  as  they  were  authorized  to  do  before  this 
Scheme  went  into  operation. 

Ordinances  as  to  City   Surveyors:      Rev.  C,  Ch.   2,  Sees.   235-23S. 

Sec.  17.  Notaries  Public. — All  Notaries  Public  now  commissioueil 
by  the  Governor  for  St.  T>onis  County  shall  exercise  the  official  powers 
and  duties  of  such  office  within  the  City  and  ("ounty  of  St.  Louis,  as  con- 
stituted by  this  Scheme,  and  the  City  Register  shall  keep  a  complete  record 
of  all  Notaries  acting  within  the  City  of  St.  Louis,  and  of  their  bonds  aud 
the  dates  of  their  commissions,  and  of  the  expiration  thereof. 

Sec.  18.     Powers  of   Sheriffs  of  City  and  County — duties  of 

Cit>'   Marshal The   Sheriff  of  the   City  o"f   St.  Louis  shall,  within  the 

limits  of  said  city,  exercise  the  authority  now  vested  by  law  in  the  SlieritT 
of  the  County  of  St.  Louis,  and  after  this  Scheme  shall  go  into  operation, 
all  writs  and  otlier  process  which  are  now  by  law  provided  to  be  executed 
by  the  SheritT  of  the  County  of  St.  Louis,  within  the  city  limits,  shall  be 
directed  to  and  executed  by  the  Sherift'  of  the  City  of  St.  Louis.  The  City 
Marshal,  after  this  Scheme  goes  into  oiieration,  in  addition  to  the  duties 
now  required  by  law  to  be  performed  by  him,  shall,  within  the  city  limits, 
exercise  the  same  power  and  jierform  the  same  duties  as  are  now  provided 
by  law  in  regard  to  the  County  Marshal.  And  the  Sheriff  of  St.  Louis 
County  sliall  execute  all  jirocess  directed  or  delivered  to  him  by  any  court 
of  record  of  the  County  of  St.  Louis,  as  are  now  established  by  law. 

Sheriff:  See  Charter.  Art.  4.  sec.  1  note;  deputies  of  marshal  and  sheriff: 
Charter  IV,  sec.  14.  Ordinances  as  to  marshal  see  R.  C.  Chap.  13.  Art.  5.  sees. 
1329-1333. 

As  to  whether  sheriff  is  state  •r  cltv  officer  see  note  to  Charter,  .\rt.  IV. 
sec.   43. 


SCHKMFC  OK  SKPAIIATK^N    .\NI>    REORGANIZATION.  •  273 

Set'.   1!>.     .Iinlffi's  of    KIcctioii   for  \ov«*nilM'r,   I.ST(> — rt'liiriis, 

0. Tilt'  Jiiilf^'fs  ot'  llic   Kl.'ciiuii   till-  Slate  ami    ulhcr    orticcrs    tit    lie    licM 

N((Vfinl«'r,  l.STU.  ami  lor  uliirfrs  of  the  city  ami  inmiity  as  provitk'il 
tliis  SclicuH'.  sliall  lie  a|i|iiiiiiit'il  as  miw  provided  U\  law,  and  tlie  same 
nl;;es  shall  act  ill  the  eleclioii  lor  rily  and  coiiiilv  ol'liiers  at  such  No 
iiiIhi-  election.  187(1,  and  (he  reinnis  shall  lie  made  to  the  cleck  of  the 
eseni  (ouniv  t'oiifl,  who  shall  ollicially  <n-tily  to  the  result;  ami  in  the 
I'lit  of  any  ne;;lect  or  failure  on  the  jiart  of  said  County  Court,  or  any 
tlcer  of  the  city  or  county,  lo  order  and  arranjie  for  the  election  herein 
(Aided,  the  St.  Louis  Court  ul  Appeals,  or  any  Judge  thereof,  may  cause 
•'  same  to  1k'  done,  and  may  in  such  event  a))])oint  Judjies  and  take  all 
lier  steps  necessary  to  insure  the  holdin;;  of  said  election  in  the  manm-r 
iileniplated  herein. 

See.  I'd.     Piiblir   ollirers   to   assist   in  rarryiiifr  out  SoIumiu'. 

It  siiall  he  the  duly  of  all  existing  officers  of  St.  Louis  City  and  County 
a.ssisi  in  carrying  out  the  provisions  of  this  Scheme,  so  far  as  any  of- 
ial  act  is  necessary  for  thai  purpose;  and  in  all  cases  in  which  said  (d"- 
ers  are  coniinned  in  ofliie  under  ihis  .sdienie.  their  duties  ami  <omi>ensa- 
)n  shall  Ih-  the  same  as  are  now  provided  liy  law. 

S«'c.   L'l.     City    may    liohl    real    estate    in    county. — The    City 
St.  Louis  may  purchase,  take  and  hold  real  estate  in  the  County  of  St. 
Miis  for  the  use  of  the  city. 

St.  I^ml.-"  mny  liold  proporLv  outside  city  limits,  etc.  Charter.  Art.  I.  Sec.  1:  and 
note  tln-ri'to. 

Sec.  JJ.     Salarie.s  ol   .jinrM-ial  «»llicers Intil  otherwise  jji-ovided 

law,  the  siilaries  of  all  the  judges  of  court.s  now  jiaid  out  of  the  County 
i-easury,  and  of  all  judicial  oflicers  not  affected  by  the  operation  of  this 
lieiiie,  shall  tw  jiaid  ]iroportioiiately  hy  the  City  and  County  of  St.  Louis, 
cording  to  the  aggregate  of  taxable  values  in  each;  and  to  carry  out  this 
1  tion  the  .Mnnicijial  .\sseinbly  shall  annually  jiroxide  lor  ]iaying  such 
>fs,  and  it  shall  be  the  duty  of  the  County  C(Mirt  of  said  county,  and 
ling  olilig.'iiion  thereon,  to  pay  into  the  City  Treasury  annually  an 
louiit  npial  to  the  pro])ortion  of  the  expenses  herein  indi<-ated;  and  the 
■  ii-oni  of  said  city  may  make  any  temporary  arraugemeiit  necessary  to 
jry  out  the  provisions  of  tiiis  section,  until  the  Municipal  Assembly  can 
THJatp  the  subject  by  ordinaiue. 

'S-\      Tax  liiljs  on  properly  interseet<Ml  by  <'ily  limits. — 

liately  after  this  Si  heme  goes  inio  operation,   the  pi'esent   State  and 

V  Collector  of  Hevenue  shall  turn  over  to  the  President  of  the  Hoard 

~i»s.vors  all  the  tax-bills  then  in  his  hands  that  ajijily  to  lots  or  parcels 

■I  which  shall   have  iM-coine  intersected  by   the  new  city   limits    line, 

lich  bills  the  said  President  shall   return   him  a  tletailed  I'eceipt,    to 

'I  by  him   iihi"  Collectori  as  his  suflicient  voucher,  against  the  corre- 

iig  tax    amounts   for  which    he   may   stand   charged;   and    the    said 

lent  shall  proceed  at  once  lo  make,  in  lieu  of  the  bills  received,  new 

"ij'.  wheriMMi  the  amounts  of  taxes  shall  be  separated  in  the    proportiiui 

"'  "nlity  and  value  of  land,  or  land  and  improvements,  res|)ectively  lying 

I  and  wiihoui   the  newly  established  I'ity  limits,  to  the  end  tliat  the 

■  tistril.iitable  to  tin-  county  an<l  those  distributable  to  the  city  shall 

n^presented    by  sejiai-ate     bills.       The  new     bills  thus  orderi'd  when 

•  ■t<iH\  by   the  said    rresident.  shall   l«'  by   him   delivered   to   the  Coinp 

!■  to  Ih>  examined  and  stamped,  and   they  shall   next,   with   the   least 

pnjricable  delay,  l>e  roturned  by  the  Comptroller  to  the  Collector  for  col- 


274  SCHEME  OF  SEPARATION   AND    REORGANIZATION. 

lection.     The  old   t;ix-l)ill.s  licreiu   above   named   shall    likewise  be  by    the 
President  surrendered  to  the  Comptroller,  who  shall  cancel  them. 

Sec.  24.  Authoritj'  of  County  Court  conferred  on  Muni- 
cipal A.ssenibly. — The  Muuicii)al  Assemlilv  shall  have  ])<)Wer  withLu 
the  city  of  St.  Louis  to  do  all  acts  and  jjerlorm  all  functions  not  other- 
wise provided  for  in  this  Charter  and  not  inconsistent  with  its  terms, 
which  have  heretofore  been  done  and  performed  by  the  County  Court  of 
the  County  of  St.  Louis. 

Section  cited:  Kenefick  vs.  .St.  Louis,   121  Mo.   1.  9. 

Sec.  2.3.     Admission    to   Poor-house,   Insane  Asylum,   etc.— 

Until  the  ('ounty  of  St.  Louis,  as  oi'fianized  by  this  Scheme,  shall  other 
wise  provide,  the  ('ounty  Court  thereof  shall  be  authorized  to  send  the 
pauj)ers  of  said  county  to  the  Poor-house,  or  County  Farm,  now  in  use. 
and  the  insane  j)aupers  of  said  county  to  the  Insane  Asylum  now  in  use. 
and  for  the  maintenance  of  such  paujiers  shall  jiay  to  the  Treasurer  of 
the  city  the  cost  of  maintainint;  paujiers  in  those  institutions,  to  be  ascer- 
tained by  the  annual  reports  of  the  same. 

As    to    insane   asylum    see   Rev.    Code,    Sees.    7.53.    747    and      references   in   notes  ' 
thereto. 

As  to  poorliouse  see  R.  C.  Sec.   773  and   note. 

Sec.  26.    Prosecuting  Attorneys  and  Clerks  of  Eijflith  Judicial 

District  continued  in  office. — The  Circuit  Attorney  and  Assistant  Cir- 
cuit Atto)-ney  for  the  Eiolith  Judicial  ("ircuit.  the  Pro.secuting-  Attorney,' 
the  Assistant  I'rosecuting  Attorney,  and  the  ("lerk  of  the  St.  Louis  Court' 
of  Criminal  Correction,  and  the  Clerk  of  the  St.  l^ouis  Criminal  Court, 
shall  continue  to  hold  their  offices  and  discharge  the  duties  thereof,  as  now 
jirovided  by  law,  until  the  expiration  of  their  respective  terms  of  office, 
and  until  their  successors  are  duly  elected  and  qualified. 

Sec.  27.     Grand   Jury,   how   selected  an<l  summoned.— Aftn 

this  Scheme  goes  into  operation,  and  until  otherwise  jirovided  by  law.  thf 
Grand  Jury  of  the  Eighth  Judicial  Circuit  shall  be  selected  by  the  Jud}.'< 
of  the  St.  Louis  Criminal  Court  from  the  City  and  County  of  St.  Loui." 
and  shall  be  summoned  by  the  Marshal  of  the  City  of  St.  Louis. 

Selection,   etc.,  of  Grand  Jur.v:   See   R.    S.    1S99,   Sees.    6569-6570.    (Set  out  hern 
ante.    p.   113   under  "Laws  Specially   Applicable   to   St.   L."      Sees.    171-172.) 

Sec.  28.  Grand  Jury,  hoAV  paid. — All  members  of  Grand  Juri< 
selected  from  the  City  of  St.  Louis  shall  be  paid  out  of  the  City  Trea.sun 
and  those  from  the  County  of  St.  Louis  shall  be  jiaid  out  of  the  Count 
Treasury.  All  j)ayments  shall  be  upon  certificates  of  the  Clei-k  of  the  ."^i 
Louis  Criminal  Court. 

Pay  of  Grand  Jurors:        See   Rev.  Code,    Sec.   1335. 

See.  29.  Costs  in  criminal  cases. — In  the  criminal  cases  occu 
ring  in  the  l^ity  of  St.  Louis,  in  which,  by  the  law  in  force  prior  to  tli 
Scheme  going  into  operation,  the  County  of  St.  Louis  was  liable  to  ]>•* 
costs,  such  costs  shall,  after  that  time,  be  paid  out  of  the  City  Treasur, 
and  in  like  ca.ses  occurring  in  the  County  of  St.  Louis,  shall  be  paid  out  ■ 
the  Treasury  of  the  County  of  St.  Louis. 

Sec,  :>0  Petit  Jurors — how  selected  and  summoned— Jui 
(\>mmissioner  to  continue  in  office. — FVtit  jiir<irs  to  .serve  iu  ' 
Circuit  Court  of  the  Eighth  Judicial   Circuit,   in   the  St.  Louis    Criniin 


SCUKMH  OF  SKPARATION    ANIi    I;  I  luUGANIZATlON.  275 

Liiirt  ami  in  tlic  St.  Louis  ('ourt  ol'  Criiniiiai  ( 'oi-rcclion.  shall,  iiiilil  otiicr- 
jMo  [iniviilt'd.  1)1'  st'lorli'd  and  suniniont-d  as  now  jn-ovidcd  liy  law,  I'.xccjit 
Hit  jurors  for  tlie  said  Circuit  Court  shall  be  summouiMi  by  the  Sheriff 
'  till'  city  of  St.  Louis,  and  jui-ors  to  scm-vc  in  the  said  other  two  courts 
lall  Ik-  suniinont'd  by  the  .Marshal  ol  ilu'  «'il\  of  St.  Lonis.  And  the 
•t  to  provide  a  jury  system  in  St.  Louis  ("ounty.  approved  .March  :!rd,  LSi37, 
id  the  acts  amendatory  thei-eol'.  shall  remain  in  I'orce  until  altered  or 
■(K'alcd.  and  the  present  .lur.\  Commissioner  of  St.  Louis  <"oniily  shall 
'iiiaiii  ill  oflice  until  th(>  e.xpiralion  of  his  official  teriii.  and  perform  all 
le  duties  now  re(|uired  of  him  by  law. 

Jury  ConuiilssioiuT.  siiiiiinonlriK  pt'tlt  Jury,  .'tc:  Sco  R.  .S.  1S99.  Sees.  6539-6570. 
(S«'t  out  lifniii  anir  pngi's  106  to  US.  under  L.a\v.s  Spec,  .\ppllcable  to  St.  I..OU1S, 
S'lH    H'i-17::.)     Ordlnani'c  on  Jury  Coinr,  see  R.  C,  Sec.  1334. 

SiM'.  :>1.      l*<'lit  Jurors — how  piiid. — Fm- all  senices  of  ])etit  jurors 
iidered   in   the  t'irciiii    ('ouri    of   the    I'.i^hlh   Judicial   Cii-cnit,   they   shall 

•  paid  out  of  the  City  Treasury,  and  for  all  such  services  i-eiidered  by  citi- 
iiK  of  St.  Louis,  in  the  SI.  Louis  Ci-iniinal  Court  and  the  St.  Louis  (\)urt 
r  Criiiiinal  Correct  inn,  ihey  shall  be  paid  out  of  the  City  Treasury,  and 
ir  all  such  services  rendei-ed  in  the  last  mentioned  courts  by  citizens  of 
t.  Louis  County,  they  shall  be  paiil  out  of  the  Counly  Treasury. 

Pay  of  Petit  Jurors:  R.  S.  1S99,  Sec.  6562.  set  out  liereln  anlt  page  112.  "Laws 
Specially  AppUoable  to  St.  U."  Sec.  163:  Ordinances,  sec  R.  C,  Sees.  1335.  2412;  In 
police   court,   see    R.    C..   Sec.    1297. 

S«>c.  :!_'.     Collections  payable   Into  ("ity  Troiisury — i)aynnMits 
ito  County  Treasury— ;ip|>ro|>riati«»ns  by  ]>lunieipal  .\ss«'nibly. 

Ill  :ill  1  :iscs  where,  accoldilli:  In  llie  l;i\\s  in  force  ll|>  to  the  time  when 
lit)  Scheme  shall  yo  into  o|(erati(>n,  any  [uiblic  oflicer  or  other  ju'ison 
as  re^iiiired  to  pay  an.\  money  c(Mniii<;  into  his  hands  from  any  .source 
liatever  into  the  County  Treasury  of  St.  Louis  County,  and  where  it    is 

it  otherwi.s4'  provided  in  this  Scheme,  or  tlie  Charter  framed  under  it. 
ich  ofticer  or  |MM-son  sliall,  after  the  time  aforesaid,  pay  all  such  money 
Ito  the  Treasury  of  the    City  of     St.  Louis,  at  or    within  such   times  ;is 

•  was  theretofore  re(|uired  to  pay  the  same  into  the  County  Treasury; 
id  if  no  lime  shall  be  pn-scrilied  by   law  for  anv  such   |)aynieiils.  then   he 

Nill  pay  the  same  iiionilily  on  the  tirst   .Monday  of  each  month,    into    said 

U\  Tn-asiiry.     and   shall    lake    triplicate   receijits    therefor,   staliii};     the 

i^Kunt  Oil  wlii<-li  such  payment   was  made,  one  of  which  he  shall    tile    in 

IV  City  Auditors  ofhce,  and  one  with  the  Conijitroller,  who  shall    charfje 

If  Twasiirer  with  the  amount  so  ]iaid;  and  the  said  .\uditor  and  Treas- 

HT  Hhall   keep  accounts   showing   the  account    on    which   such     iiaynients 

made  :ini|  the  source  from  which  the  money  was  deriviMl.       .Ml  such 

i   shall   be  applied  and   used   for   the  |iur|ioses  for  which   it    was    cid- 

I'  i-*!,  or  for  which  it  is  made  ap|dicable  In   law,  and  in  all  cases  when  such 

inifv  is  not  .set  apart  or  a|>propriated  by   law   for  specific  purjio.ses,    the 

.Vniri|uil  .\NS4'inbly  of  the  city  may  ajijiropriate  it  to  such  municipal  ii-ses 

■  may  dti-in  proper:      I'rnriilril.  hoirmr.    That  all   tines.  ]ienalties    and 

'iires  colh-cled  or  aicruinjj  in  the  < 'ounty  of  St.  Louis,  or  on  a<'count 

'I  county  or  the  people  thereof,  shall   be  |iaid   in   the  manner  and   at 

afnit'said   into   the   ("ounty   Treasury   of  said   county,   and   duplicate 

's  shall  be  taki-n  as    :iforesaid    by    the    ofticer  or  person  ]iayin;;    the 

.  one  of  which   he    shall   file  with   the    < 'ounty  Clerk  of  said    county, 

*' >  ahull  ciiarpe  the  Treasurer  with  the  amoiinf  so  paid,  and  such  money 

"'■ '  bo  appro]iriated    and    used  as  it   is  or    may  be  jirovided  by  law:    nnil 

I'll,  fiiitlirr.  That   if  any  |iublic  officer  or  other  person  shall,  at     the 

'ill'  this  Sclieiiie  jj'H's  into  operation,  be  in  default   in   the  payment   of  any 


276  SCHEME   OF   SEPARATION    AND    REORGANIZATION. 

such  money  into  the  said  County  Treasury,  he  shall  immediately  pay  the 
same  into  the  said  City  Treasury  in  the  manner  aforesaid,  and  the  same 
shall  be  disposed  of  as  herein  pi'ovided. 

Sec.  33.  PoAver  of  foriner  County  Collector  vested  in 
Sheriff  of  County. — All  jiowcrs  heretofore  vested  iu  the  Collector  of 
the  County  of  St.  Louis,  and  all  duties  required  to  be  performed  by  him 
in  reference  to  taxes  on  property  situated  outside  of  the  limits  of  the  City 
of  St.  Louis,  as  enlarged,  and  in  reference  to  the  sale  of  such  pro])ertT  for 
taxes  and  the  redemption  thereof,  shall,  after  the  election  and  qualificatioii 
of  the  Sheriff  of  the  County  of  St.  Louis,  as  provided  by  this  Scheme,  be 
executed  and  performed  by  such  Sheriff;  and  all  deeds  for  the  sale  of  land 
for  taxes  made  by  him  shall  be  acknowledged  before  the  Clerk  of  tlie 
County  Court  of  St.  Louis  County. 

See  Webster  vs.   Smith,  7S  Mo.    163,   165. 

Sec.  34.     Authority  of  municipal  assembly  as  to  revenue.— 

The  Municipal   Assembly  shall   have  power  to  enact  all  ordinances  that 
maj'  be  necessary  to  carry  into  execution  the  laws  relating  to  State,  county, 
city  and  other  revenue  within  the  city  of  St.  Louis,  as  enlarged;  and  such 
powers  as  are  now  vested  by  law  in  the  County  Court  of  St.  Louis  County,  ■ 
or  the  Clerk  of  said  (."ourt,  or  the  County  Collector  and  Auditor,  may  be  ' 
exercised  by  such  tribunals  and  officers  as  nu\v  be  provided  by  ordinance. 

Sec.  35.     Regulations    as    to    animals    running    at    large.— 

It  shall  be  unlawful  for  any  domestic  animal  of  the  species  of  horse,  cattle. 
mule,  ass,  swine,  sheep  or  goat  to  be  suffered  to  run  at  large,  by  the  owner 
thereof,  in  the  City  or  County  of  St.  Louis;  and  if  any  such  animal  !"■ 
found  running  at  large  in  said  city  or  county  after  this  Scheme  ami 
Charter  go  into  operation,  it  shall  be  lawful  for  any  person  to  take  up 
and  restrain  the  same  forthwith ;  and  such  jjerson  shall,  within  three  da}> 
after  so  taking  up  and  restraining  such  animal,  give  notice  thereof  to  tbr 
owner,  if  known,  and  thereupon  such  owner  shall  pay  a  reasonable  com 
pensation  for  taking  up,  keeping  and  feeding  such  animal,  and  for  damages 
actually  caused  by  such  animal.  If  the  owner  be  not  known,  or  fails  i" 
make  such  reasonable  compensation  after  being  notified,  any  animal  si 
taken  up  shall  be  deemed  an  estray.  and  may  be  proceeded  against  by  tbe 
taker  up  thereof,  in  the  manner  provided  by  law  in  regard  to  strays:  Pro 
vided,  however,  That  this  section  shall  not  be  so  construed  as  to  prohibii 
any  person  from  driving,  herding  and  guarding  such  stock  upon  the  uniii 
clo.sed  lands  belonging  to  said  County,  the  State,  or  the  T'liited  States. 

See  note  and  references  to  Chapter  2  of  Laws  Specially  Applicable  to  St.  Loub 
Sees.  4-11.  anlf    pp.  T9-S1;  and  for  ordinances  see  R.  C.  .Sees.   1576-loTS  and  notes 

Sec.  36.  School  districts  intersected  by  city  limits. — In  al 
cases  where  the  limits  of  the  City  of  St.  Louis  as  herein  extended,  includ 
a  part  only  of  any  school  district,  the  following  shall  be  the  mode  of  ad 
justment  as  to  pro])erty  held  by  or  for  the  u.se  or  benefit  of  such  district 
First,  where  the  part  of  such  district,  included  within  such  extende' 
limits,  contains  any  school-house  or  other  real  estate  belonging  to  th 
district,  the  Board  of  rresident  and  Directors  of  the  St.  Louis  Publi 
Schools  shall  pay  into  the  County  Treasury  of  St.  Louis  County,  for  tb 
use  of  that  part  of  the  district  not  so  included,  such  proportion  of  th 
valuation  of  said  school  property  as  the  taxable  value  of  property  in  tb 
part  of  such  district  not  so  included  bears  to  the  taxable  value  of  a 
property  in  such  district,  as  constituted  before  such  extension.      Secon' 


SCUKME  OK  SEPARATION    AND    ItKORGANIZATION.  277 

where  tlif  piiil  n(  sudi  distiict.  ikiI  iiii  Imled  wiiliiii  siu  li  extended  limits, 
t'oiitiiiiis  iiiiv  scIkkiI  lidiisc  oi-  oilier  real  esiale  lit'loiij^inj;  to  (lie  district, 
liie  iiilialiitauts  of  the  disirict  not  so  included  shall  |ia.\  lo  llie  Hoard  of 
I'ri-siileiit  and  IMrectol's  of  the  St.  l.ouis  ruhlie  Schools  such  jii-o|)ortioa 
of  the  valuation  of  said  scluxd  [ifopeiMv  as  the  taxaMe  value  of  pfoperty  in 
the  part  of  such  disirict  iiiclnih'd  within  the  eity  limits  bears  to  tlie  tax 
able  value  of  all  property  in  such  district,  as  constituted  before  such  ex- 
tension. The  valuation  of  school  properly  mentioned  in  this  section  shall 
Ik'  made  by  arbitrators,  one  of  whom  shall  be  selected  by  the  Hoard  of 
President  ami  Itireclors  of  the  Si.  Louis  Public  Schools,  and  one  by  the 
|iii-crtoi-s  of  the  school  district  atVected,  who.  if  disaj^'rceiiifj;,  may  select  a 
third;  or.  if  unable  to  ajiree  on  the  selection  of  .smh  third  arbitrator,  any 
.School  director,  or  member  of  the  Hoard  of  I'residenl  and  Directors  of  the 
St.  I.ouis  l'ul)lic  Schools,  may  ai)ply  to  the  Circuit  Court  of  the  lOij^hth 
.ludicial  Circuit  to  Jijipoiut  one.  A  report  of  the  valuation  made  by  such 
arl)itrators,  or  a  majority  thereof,  shall  be  filed  as  soon  as  jiracticable  in 
ihe  Clerk's  office  of  the  Circuit  Court  of  the  I^i^hth  Judicial  Circuit.  Any 
Mioiiey  to  Im"  paid  to  the  Hoard  of  I'resident  and   directors  of  Ihe  St.  Louis 

I'ublic  Scl Is  shall  be  ]ii()vi(led  for  by  the  assessment.  le\v  and  collection 

of  a  sjM'cial  tax  on  all  taxable  property  within  such  districts  not  so  in- 
<  luded. 

Sec.  M.     Si-tH»oI    in-opiTty   traiixlVrreil   to   St.   Louis   ]>ul>li(' 

nrhools. — All  property,  real,  personal  or  mixed,  of  every  kind  and  de- 
•^iription.  ami  the  evidence  of  title  thereto,  now  held  by  the  ("ounty  of  St. 
Louis,  or  l>y  the  Ctninty  Court  of  St.  Louis  ('ounty,  in  trust  or  for  the 
ti.H*'  of  the  iidiabitants  of  township  forty-five  north,  of  ran{;e  seven  east, 
for  school  pnqjoses,  and  all  such  proj)erty,  and  the  evidences  of  title 
ilien'to,  held  by  any  jmblic  oflicer  for  the  nse  of  any  school  district  in 
said  township,  or  held  by  or  for  the  benefit  of  any  such  district,  shall,  as 
MM>n  as  this  .Scheme  ^oes  into  effect,  pass  and  be  delivered  to  the  Hoard 
of  I'resident  ami  Directors  of  the  St.  Louis  I'ublic  Schools;  and  the  title  to 
any  and  all  such  ]iro|ierty  shall,  by  operation  hereof,  vest  in  said  Hoard. 

School  propiTty  Is  now  controlled  and  vested  In  the  Ronrd  of  Education  of  St. 
Louis:  Rev.  St.  1S99.  Sees.  9919  ri  sfa.  set  out  In  "Law.i  Specially  .\ppllcnble  to 
St    IxJuls."    anlr    p.  191.  Sees.  499   tl  ita.       As  to  Charter  provisions  see  Art.  XIII. 

See    :>>»      I^iMini<-r:in«)ii  of  chihlroii  within  scIkh)!  Jip:«» — «IlvI- 

"•lon    of    seJKiol    i>roi»t'rty The    Hoard    of    President   and   Diieclors  of 

'lie  St.   Louis   I'ublic  Schools  shall,  forthwith  after  this  ■Scheme  tioes  into 

I'lfei-t,  cause  an  enumeration  to  be  taken  of  all  children  within  school  ages 

ivithin  the  limits  of  the  City  of  St.  Louis,  as  herein  established,  and  the 

ronnty  Court  of  St.  Louis  County  shall  cause  forthwith  a  similar  enuinera 

lion  to  Ik'  taken  within  the  County  of  St.  Louis,  outside  of  the  city  limits, 

iis  herein  established,  showiii};  Ihe  enumeration  in  each  school  disirict  and 

i"i<'tioiial  school  district  separatcdy,  a  correct  report  of  which  eiiuiueratioii 

'   be   Hied   by   said    Hoard   and   said    court    resjiectively,   in    the   Clerk's 

e  of  the  t.'ircuit  Cotirt  of  the  l<i};lith  Judicial  Circuit,  within  sixty  days 

jfter  this  Sclienie  and  Charter  fio  into  operation.    So  much  of  all  pro])erty 

."f  every  nature  whatsoever,   ami    Ihe  evidences   thereof,   belonjrinjx   to   the 

|chool  fund  of  St.   Louis  County,   or  of  Coii;;ressional   townships  affected 

v  the  extension  of  the  present  city  limits,  as.  according;  to  such  eniimera- 

ion.  fulls  to  the  share  of  the  district   lyin;;  within   the  limits  of  the  City 

f  8t.  Louis,  shall  at  once  pass  and  be  delivered  by   the  County  Court  of 

t.  I.rfMiis  County,   or   public   ofticers    in   cliar<;e   thereof,    to    the    Hoard   of 

'rwiident  am)  Directors  of  the  St.  Louis  I'ublic  Schools,  and  the  residue  of 

II  Mild  pro|M'rly  :iiid  the  evidenci-s  thereof  shall   pass  ami  be  dfdivered  by 


278  SCHEME   OF   SEPARATION    AND   REORGANIZATION. 

llio  jircscui  County  Court  ol'  St.  Louis  County,  or  ])iil)lic  oftircrs  in  charge 
thereof,  to  the  proper  authorities  of  the  County  of  St.  Louis,  as  constituted 
by  this  Scheme.  From  and  after  the  date  this  Scheme  goes  into  operation 
all  public  officers  within  the  City  of  St.  Louis  shall  account  for  and  pay 
over  to  the  Board  of  I'resident  and  Directors  of  the  St.  Louis  Public 
Schools,  all  tines  and  ])enalties  and  otlier  moneys  collected  within  said 
city,  and  heretofore  payable  into  and  forming  part  of  the  County  School 
Fund  of  St.  Louis  County. 

Distribution  of  sctiool  funds  on  separation  of  t-itv  from  county  see  State  to  use 
vs.  Rechtien,  7  Mo.  App.  339. 

Sec.  39.  Exi>enses  of  boartl  of  freehohlers. — AH  claims  for 
the  printing,  clerk  hire  and  other  ex](enses  of  this  ISoard  of  Freeholders 
shall  be  made  out  and  certitied  to  by  the  I'resident  of  the  Hoard  imme- 
diately after  the  adjouinnient  of  this  lioard,  and  such  claims,  so  certitied, 
shall,  as  soon  as  this  Scheme  and  the  Charter  framed  thereunder  are 
ailojited,  be  i)aid  by  the  Treasurer  of  the  present  County  of  St.  Louis  out  of 
the  general  revenue  of  said  county,  and  such  payments  shall  be  allowed  to 
said  Treasurer  in  the  settlement  of  liis  accounts  as  jii-ovided  for  in  this 
Scheme. 


INDKX    TO   SCHEME. 


27U 


Index  to  Charter  and  Notes  at  end  of  charter. 
Index  to  Ordinances  at  end  of  Revised  Code. 
Index  to  State  Laws  (or  St.  I-ouis,  pp.  225-256. 


INDEX   TO   SCHEME 


ABSTHACTS—  SEC. 

of  nsiiossmfnt  liook.s.  ptc.   for  new  County 8 

of  assfssinent   to   be  sworn   to 8 

of   iissf.ismont   ilfllviTcil    to    Mayor,    when 8 

ACT— 

t'staliltsliine   jury    system    to    roinuin    in    force 30 

ADMISSIONS— 

to    Poor   House   and    Insane    Asylum    by    County    Court 2ri 

ANIMALS— 

running    at    large    of.    prohibited 3!; 

running  at   large  of.  on   unlnclosed  public  lands  excepted...  3n 

taking    up   and    restraint   of   estrays 35 

ARBITRATOKS— 

for  valuation  of  school   property,  how  appointed..'. 3G 

ASSESSMENT— 

of    taxes    for    1ST7.    how    made 8 

ASSESSOR— 

of    County,     when    elected 3 

of  County,   to   bo  governed   by   general    law .S 

ASYLUM— 

for    Insane    transferred    to    City 10 

ATTOR.N'EY.S — 

See  Circuit  Attorney,  etc. 

AUDITOR— 

of    former  County,   office   abolished 8 

of  former  County,  to  turn  over  books,   moneys,  etc 8 

of  former  Count.v.  to  account   for  school  moneys...... 13 

of  City   to  keep  accounts  showing  sources  of  payments 32 

AUTHORITY— 

of    County    Court    annulled 3 

of    Mayor  over   appointees   of   County    Court 9 

B 

BALANCE— 

of  cash   In  County   treasury,   how  divided 13 

BOARD  OF   FINANCE— 

of    whom    composed 13 

duties    of     13 

BOARD   OF    FREEHOLDERS — 

expenses   of.    how    paid 39 

BOARD  OF  POLICE  COMMISSIONERS — 

to   appoint   special    force    for   County,    when 14 

BOARD  OF  PRESIDE.VT  AND  DIRRCTORS  OF  ST.  LOUIS  PUB- 
LIC SCHOOLS — 

duties  of.   In   relation   to  division   of  school   property 36 

may    appoint    arbitrator    36 

may  apply   to  Circuit  Court   to  appoint  arbitrator,  when....  36 

title  of  school  property   to  be  vested   In.  when 37 

shall   order  enumeration   of  children,   when 38 

to    receive   school    property    within   extended    limits 38 

public    officers    to    account    for   all    school    moneys 38 

See  Public  Schools. 


PAGE. 

268 
269 
269 


274 

274 


276 
276 
276 


276 
269 


266 
269 


270 


269 
269 
271 
275 


266 
269 


271 


271 
271 


271 


276 
277 
277 
277 
277 
277 
27$ 


280  IXDICX    TO    SCHKME. 

Index  to  Charier  and  Notes  at  end  of  charter. 
Index  to  Ordinances  at  end  of  Revised  Code. 
Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

BONDS—  SEC.  PAGE. 

of  County   officers   to   be   fixed   by    Court .3  266 

of  Sheriff   of   City    S  267 

of  Coroner   of    City    "i  267 

of  Public    Administrator     5  267 

to  be  approved  by  Mayor,  when 5  267 

to   be   filed   with   City   Register,   when    :i  267 

of  Constable   to   be   approved    by   Jlayor 15  272 

BOUNDARIES— 

of  City    of    St.    Louis 1  265 

of  County    of   St.    Louis   indicated 1  265 


c 


2 

265 

12 

270 

12 

270 

12 

270 

13 

271 

20 

273 

21 

273 

?.?. 

273 

22 

273 

3 

266 

3 

266 

19 

273 

26 

274 

26 

274 

CIRCUIT   ATTORNEYS— 

to   continue   in   office   until   end   of  terms 26  274 

CITY — 

declared    separated    from    County 

offices  declared   vacant   from   April,   1S77 

officers   of   to   qualify    under   Charter 

officers,    duties   of    

right   to    sue    for   debts   due   County 

officers   to  as.sist   in   carrying  out  Scheme 

may    purchase  and   hold   real   estate    in   County 

to   pay   salaries  of  judicial   officers  proportionately 

temporary   arrangements  to    pay   such    salaries 

CLERKS— 

of  County    Court,    when    elected 

of  County   Court  Clerk   to  be    ex-ofticio  Recorder  of      Deeds.. 

of  County   Court   to   certify   result   of   election,   when 

of  Criminal    Court    continued    in   office 

of  Court  of  Criminal  Correction  continued   in  office 

COLLECTOR — 

of    City    to    discharge    duties    of    former    State    and    County 

Collector     .<!  2GS 

duties  as  to   tax-bills  on  property   intersected  by   City   limits  23  273 

COLLECTIONS— 

of  public  moneys  to  be  paid   into  City   treasury 32  275 

of  public  moneys,   payments  to   be  made   monthly 32  275 

of  public   moneys,   triplicate   receipts   to    be   taken... 32  275 

COMMISSIONERS— 

to    determine   County    seat^ 3  266 

COMPTROLLER—  —' 

to    act    as    Mayor,    when 

Member  of    Board   of   Finance 

to   examine   and    stamp    tax-bills 

to    cancel    old    tax-bills 

CONSTABLES— 

for    County,    when    elected 

to   hold   to   end  of  terms 

vacancies  to  be   filled   in  November,   1876 

those  elected  in  City   to  be  commissioned  by  Mayor 

bonds  of.    to   be    appro \i'd    hy   Mayor 

record  of  bonds   to   be   kept   bj'    Register 

CONSIDERATION— 

by   City,    for  transfer  of  County   property 10  270 

CORONER— 

of   County,    when    elected 3  266 

of   City,    when    elected 5  267 

bond  of,   to   be   fixed   b.v   Municipal   Assembly 5  267 

of   City,    duties   and    compensation    of .i  267 

of  City,   to   discharge    duties   of  Sheriff,   when ."  268 

CORPORATE  LIMITS— 

of    City     1  265 

COSTS— 

in   criminal    cases,   how    i>aid 29  274 


12 

270 

13 

271 

23 

273 

23 

274 

.•! 

267 

15 

972 

15 

272 

15 

272 

15 

272 

15 

272 

INDEX  TO   SCHEME. 


281 


Index  to  Charter  and  Notes  at  end  of  charter. 
Index  to  Ordinances  at  end  of  Revised  Code. 
Index  to  Stale  Laus  for  St.  Louis,  pp.  225-256. 


COUNTY   COURT —  SEC.  PAGE. 

authority    of    former   court    annulled 

powrrs.    ilutlfs,    etc 

i»f  nt'W  Ct)unty.  llrst  nict'tlns  of ".  . . . 

mnnni'r  of  selecting   scat   of  Justice 

of   former  County    to  order   election,    when 

of     former    County     to    continue     In     authority     for     certain 

purposes    

of  former  County  responsible  for  property  until  transferred 
of  former  County  to  transfer  buildings,  moneys,  etc.,  to  City 
of    former   County,    to    transfer    records,    books,   etc.,    to   City 

Heglster    

of   new   County,    may    appoint   surveyors 

of  new     County,   to     pay   proportion     of   salaries  of  Judicial 

ofllcers     

of    n-w   County,    may   grant   admissions    to    Poor   House    and 

Insane    Asylum    

of  new  County,  shall  pay   for  maintenance  of  paupers,  when 

COl'NTY— 

offli-ers    of.    when    elected     

ofllcers   of.   duties   and    terms  of  office 

divided   Into   two  Judicial   districts 

divided    into    two    representative   districts 

Marshal  of.   to  deliver  property,  etc.,   to  City  Marshal 

Auditor,    of tlce    of.    abolished 

Jail  of.   transferred   to  City 

debt   of.    assumed    by    City 

debt   to   be   considered   a  City   debt 

debt   to   be   transferred    to  books  of  City 

Auditor   of.    to   account    for   school    moneys 

debts  and   obllRations  of.   payable    to   City 

rights  to  sue  for  or  adjust   same,   vesti-d   In  City 

officers  of.   to   assist    In    carrying   out    Scheme 

compensation   of  officers   of.    to   remain    unchanged 

COURT  OF  APPEALS— 

may  appoint  Judges  of  election,  when 19  273 

COURT   HOUSE — 

transferred    to   City 10  270 

CURRENT   EXPENSES— 

of  County   to  date  of  separation,   how    paid 13  271 


0 

2I!6 

3 

26G 

3 

266 

3 

266 

1 

267 

4 

267 

1 

267 

9 

269 

9 

269 

16 

272 

273 

2B 

274 

2^ 

274 

3 

266 

3 

266 

3 

266 

3 

266 

6 

26,S 

8 

269 

10 

270 

10 

270 

11 

270 

11 

270 

13 

271 

13 

271 

13 

271 

20 

273 

20 

273 

T":) 


DEBT— 

of   County,    assumed    by    City 

debts  due   to    fori-.r  r.>iiniy   payable   to  City 

DISTRICTS— 

two  Judicial   districts   established    In   County 

two    representative   districts   established    In    County. 

DUTIES— 

of    Coun(\      otfi'-'TM 

of   City   officers,   after  adoption   of   Scheme 


10 
13 

270 
271 

3 
3 

266 
266 

3 
12 

266 
270 

B 


ELECTION— 

of   County    of tn  •■r.>< 

of   Justices   of   County    Court 

to    determine    County    seat 

for  Justices  of  the  Peace  and  Constables  In  County. 

In    November.    1 S76.    how    ordered 

for   Sheriff   of  City 

for  Coroner   of   Citv 

for   Publii-   Administrator  of  City 

In    November.    1S76.    Judg'S    of.    how    appointed 

returns,    where    made 


3 

266 

3 

266 

3 

266 

3 

267 

4 

267 

267 

.=; 

267 

B 

267 

19 

!73 

19 

273 

ENUMERATION- 

of  children  within  school  ages  to  be  made.  when. 


38 


282 


INDEX  TO   SCHEME. 


Index  to  Charter  and  Notes  at  end  of  charter. 
Index  to  Ordinances  at  end  of  Revised  Code. 
Index  to  State  Lai^s  for  St.  Louis,  pp.  225-256. 


FINES — 

to    be    paid    into    County    treasur.v.    when. 

FORFEITURES— 

to  be  paid   into  County   treasury,   when.. 


SEC. 
32 


32 


PAGE. 

275 


G 


GRAND  JURY— 

how    selected    and    summoned, 
how    paid    


274 
274 


INSANE  ASYLUM— 
See  Institutions. 


INSANE  PAUPERS— 

admission    to    asylum,    etc 

INSTITUTIONS— 

Municipal   Assembly  shall  provide  for  maintenance  of.  . 

County   institutions  transferred  to  City 

Municipal   Assembly   shall   provide   for   management   of. 
Insane    Asylum    


25 


9  270 

10  270 

10  270 

10  note  270 


J.\I1^- 

transterred    to    City. 


270 


JUDICIAL  DISTRICTS— 

established    of    in    County. 


266 


JURY— 

See  Grand  Jury .  _ 

See  Petit  Jurors.  ^      ,  ' 

system    to    remain    unchanged 

Commissioner    continued    in    office 

JUSTICES  OF  COUNTY  COURT— 

members  of  new  court,  when   elected 

powers,   duties,    etc 

Presiding  Justice   to   be  elected  at    large 

manner  of  selecting  seat  of  justice 

members  from  the  fifth  and   sixth   districts  to  act  on   Board 
of    Finance    

JUSTICES  OF  THE  PEACE — 

Justices   in   County,   when   elected 

to   hold   until   end   of   terms 

vacancies  to  be  filled  November.   1876 

those  elected  in  City  commissioned  by  Mayor 

JUDGE  OF  CRIMINAL  COURT— 

to   select   Grand  Jury 


30 
30 


3 
3 
3 
3 

13 


275 
275 


266 
266 
266 
266 

271 


3 

266 

15 

272 

15 

272 

15 

272 

274 


Tvl 

MARSHAL — 

of  City   to  assume  duties  of.  etc 

of  County   to   deliver   property,   etc 

of  City,  powers  of.   within   City    limits 

of  City    to    summon    Grand    Jury \. 

of  City  to  summon  petit  jurors  for  Criminal  Courts 


6 

26S 

6 

268 

1.S 

272 

27 

274 

30 

274 

INDEX   TO   sen  LOME.  283 

Index  to  Charter  and  Notes  at  en<l  of  charter. 
Index  to  Ordinances  at  end  of  Revised  Code. 
Index  li.\  Slate  La:ts  for  St.  I.ouis,  pp.  225-256. 

.MAYOR—  SEC.  PAGK. 

to   order  election   of   lertaln    officers 5  2G7 

to  approve   bond  of  certain   officers S  an? 

to   retain  or  dlscharKe  appointees  of  County  Court ft  269 

vacancy    In    office,    how    tilled 12  271 

member  of   Hmird  of   Finance 13  271 

to   conimli*slon   Justices  of  the   Peace,   when l.l  272 

to    commission    Constables,    when Ifi  272 

to   approve    bonds   of   Constables \T,  272 

to   approve    bonds  of   Notaries   Public 15  272 

to  appoint   City   Surveyors 10  272 

.METROPOLITAN  POLICE— 
See  Police. 

.MONEYS— 

to   be  applied  only    to   purposes   for   which   collected .12  275 

.MfNICIPAL  .ASSEMBLY- 

to   11 X   ofilclal    bonds 

to  provide   for  Rovernment  of   Institutions,  etc 

to   provide  for  payment  of  County  debt 

election    of    

term    of    members 

to  exercise  powers  of  former  Count.v  Court 

may    appropriate    moneys 

power  to  create   tribunals,  etc 

powers  to  pass  revenue  ordinances 


X 


.NOTARIES  PUBLIC— 


bonds   to   be  approved    by   Maj'or 

record  of  bonds   to   be   kept   by    Register 

those  now  commissioned  to  contlnui'  In  office, 
to  exercise  official  powers  In  City  and  County 
record   to   be   kept   by    Regrlster,   etc 


a 


OI'FICERS— 


how    selected    and    summoned 

for  Circuit  Court   to   be  summoned   by   Sheriff 

for  Criminal   r'nurt."'  to   be  summonerl   by   Marshal, 
how    pnlil  


of   City,    how   maintained 

power  and   jurLidlction    In   County 

special   force  for  County,  how  equipped, 
cost  of  same,  how  paid 


R 

267 

ft 

270 

11 

270 

1  2 

270 

12 

270 

21 

274 

.''.  ■• 

275 

XI 

276 

:ii 

2  7 1! 

15 

272 

15 

272 

17 

272 

17 

272 

17 

272 

3 

2fifi 

5 

267 

ft 

269 

20 

273 

20 

273 

32 

275 

32 

275 

3  note 

267 

of   County,    when    elected 

of   City,    when    elected 

officers  and  employes  of  County  Court  subject  to  Mayor. 

to    assist    In    carrying   out    Scheme 

dues    and    compensation    unchanRed,    when 

to   pay   collections    Into  City    treasury 

In   default    to   County    to    pay    Into   City    treasury 

power  of  legislature  to   change  terms  of 


lARKS— 

transfer  of   to  City 10  270 

assumption  of  park  tax  by  City lo  270 

lACPERS— 

of   County,    where    sent 25  274 

PAYMENTS— 

Into    City    Treasury 32  275 

PETIT  JURORS— 


30 

274 

30 

275 

30 

275 

31 

275 

PENALTIES— 

payable   to  County    troosury.    when  32 

POLICE— 


1 1 

271 

1 1 

271 

14 

•»7 1 

14 

271 

284  INDEX  TO   SCHEME. 

Index  to  Chaiter  and  Notes  at  end  of  charter. 
Index  to  Ordinances  at  end  of  Revised  Code. 
Index  to  Stale Laics  for  St.  Louis,  pp  225-256. 

POOR  HOUSE—  SEC.  PAGE, 

transfer  of   to  City 10  270 

PRESIDENT  OF  BOARD  OF  ASSESSORS— 

declared   a   City    office S  268 

to   divide   boolcs  and   plats 8  268 

to   make   abstracts,   when 8  269 

to   deliver   books  and   plats,  etc..   to  County   Assessor 8  269 

shall   make   assessments   for    1877 S  269 

to  separate  tax  books  for  old  and  new  limits S  269 

to  turn  over  assessment  books  to  Citv  officers S  269 

duty  as  to  tax   bills  intersected   by  City    limits 23  273 

PRESIDING  JUSTICE— 

of  County  to  be  elected  at  large 3  266 

PROCESS— 

to   be  directed   to   Sheriff  of  City,   when IS  272 

PROSECUTING  ATTORNEYS — 

of   Eighth   Judicial   Circuit   continued    in   office 26  274 

PUBLIC  ADMINISTRATOR— 

of   County,    when    elected 3  266 

of   City,    when    elected 5  267 

bond  of,   to   be   fixed   by   Municipal   Assembly 5  267 

duties   and    compensation    of 5  267 

PUBLIC  BUILDINGS— 

transfer   of    to    City 10  270 

PUBLIC  SCHOOLS— 

revenue    secured     13  271 

district   intersected   by   City 36  276 

property    how   adjusted 36  276 

valuation   to   be  made  by  arbitrators 36  277 

.  arbitrators,    hou*    selected 36  277 

valuation    to    be   reported    to   Circuit   Court 36  277 

special    tax    authorized 36  277 

title  of  school   property   vested  in   Board  of   St.   Louis    Public- 
Schools    37  277 

enumeration    of  children   to    be   taken 38  277 

report  of  same  to  be  filed  in  Circuit  Court 38  277 

division   of  property   in   accordance  with    enumeration 38  277 

moneys  due  County  school   fund,  where  paid 38  278 

Q 

QUALIFICATION— 

of  City  officers  under  Charter 12  270 


R 

RECEIPTS— 

to    be   taken    in    triplicate,    when 32  275 

where    fileil    32  275 

to   be   tak.  n   in   duplicate,  when 32  275 

RECORDKK  OK  DEEDS— 

County  Clerk  to  act  rx-offico 3  266 

for   City,    when    elected 7  268 

for   former   County,    continued    in    office 7  268 

REGISTISR— 

of   City,    duty    of.    etc S  269 

to   report   schedule   of   records,   etc..    to   Mayor S  269 

to   receive   books,   papers,   etc.,   of  County   Court H  269 

to  keep  record  of  bonds  of  Constables 1  'i  272 

to   keep   record  of  Notaries IT  272 

to  keep  record  of  Notaries'   commissions 17  27a 

REPRESENTATIVE  DISTRICTS — 

establishment   of.    in    County 3  266 


3 

266 

3 

L'66 

5 

267 

i) 

267 

» 

267 

IS 

272 

18 

272 

IS 

272 

30 

275 

33 

276 

33 

276 

33 

276 

33 

276 

INDEX  TO   SCHEME.  285 

Index  to  Charter  and  Notes  at  end  of  charter. 
Index  to  Ordinances  at  end  of  Revised  Code. 
Index  to  State  I.aus  for  St.  Lonis,  pp.  225-256. 

s 

SEPAis.vTiox—  .si:e".        page. 

of  city   and   County 2  265 

ST.   I-OL'IS  PUBt.IC  SCHOOLS— 
See  Public  Schools. 

SHERIFF— 

of  County,    when    elected 

of  County,    to    he    /x-oltuio      ColU-etoi- 

of  City,    when    elected 

homl  of.  to  be   fixed  by  Municipal   A.s.sembly 

of  City,  duties  ami   compensation  of 

of  City,  vested   with    pnwei-.t  of    fornior  Sheriff 

of  City,   to   execute   writs   within   City    limits 

of  County,  to  execute  process  of  Courts  of  Record 

of  City,  to  summon  petit  jurors  for  Circuit  Court 

of  County,   vested   with   powers   of   former   Collector 

of  (bounty,  authorized  to  sell   property   for  taxes 

of  County,    to    execute    redemptions 

of  County,  deeds  for  taxes,   where  acknowledged 

appointment    of    first s  note    26S 

SPECIAL  ELECTION— 

to   determine   County    seat 3  266 

SPECLVL  TAX— 

to  pa.v   Indebtedness  of  school   districts,   when :'.i;  276 

ST.   LOUIS  COURT  OF  APPEALS— 

may  appoint  Judges  of  election,   when 19  273 

STATE  AND  COUNTY  COLLECTOR— 

to   hold   to   end   of   term 8  268 

collections,  after  adoption  of  Scheme 8  268 

final   settlement   of 8  269 

STRAYS— 

regulations    concerning    same 3.^  276 

STOCK— 

herding,  etc.,  on   unlnclosed   public   lands 35  276 

SURVEYORS — 

of  City,  to  be  appointed  by  Mayor 16  272 

of  City  powers  and  duties  of 16  272 

of  Cltv   applicants   to   produce   testimonials 16  272 

of  City,    to    give    bond 16  272 

of  City,  to  execute  in  County  orders  of  Circuit  Court 16  272 

of  County   to  be  appointed   by   County   Court 16  272 

of  County    now   commlsslon<'d:    continued    In    office 16  272 


TAXES— 

for   1877.   how   asses-sed 

collection  of.  after  separation,   to  whom  paid 

uncollected    bills,   how   dispi>se<]   of 

collections   of.    for    school    purposes 

collections  of.  on   property   Intersected  by   city   limits, 
sale  of  property   tor  taxes  In  County 

TAX-BILLS— 

Collector  of   former  Count.v   to  account   for  same 

uncollected    bills,   to   whom   turned  over 

on  property    Intersected  by  city   limits,   how  divided... 

Comptroller  to  stamp,  etc 

Comptroller  to  cancel  old  hills.   <-\-  

TITLE— 


of  public    buildings,   parks,   etc..    vested    In   City, 
to  school   property,   where  vested 


8 

269 

8 

269 

8 

269 

13 

271 

23 

273 

33 

276 

S 

261> 

s 

269 

23 

273 

23 

'*73 

23 

274 

10 

^ 

37 

286 


INDKX   TO    SCHEME. 


Index  to  Charter  and  Notes  at  end  of  charter. 
Index  to  Ordinances  at  end  of  Revised  Code. 
Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 


TREASURER — 

of  County,    when    elected 

of  former  County   to  pay  over  moneys 

of  former  County,   term  to  cease,  when 

of  City,  accounts  of  to  show  sources  of   payments. 


SEC. 


PAGE. 


3 

266 

s 

268 

!.•! 

271 

32 

275 

V 

VACANCY— 

in  office  of  Mayor,  how  filled 

in   City   offices,    when 

in   City  offices,  to  be  tilled  by   election,  etc. 

VALUATION— 

of  scliool    property,    how   made 


12 
12 

12 


270 
271 
271 


W^ 


WRITS— 

within  city   limits  to  be  executed  by  .Sheriff  of  City. 


CHARTER 


OF  THK 


CITY   OF   ST.   LOUIS 

(ANNOTATED.) 


1 


I 


Charter  of  the  Citv  of  St.  Louis.* 


AktU'LK         I.  Corporate  powers,  boniidaries  and  wards. 

11.  Elfftion  and  rejiistratioii. 

III.  Le>?islative  department. 

IV.  Executive  and  adniinistrativo  department. 
V.  Revenue  and  taKation. 

VI.  Tulilic  improvements— street  openings. 

N'll .  Water  works. 

VI 11  I'ublic  parks. 

IX.  Harbor  and  wharf  department. 

X.  Street  railroads. 

XI.  Fire  department. 

XII.  Health  Department. 

XIII.  Schools. 

XIV.  Sinkinp  Fuiiil. 
XV.  I'ublic  printing. 

W'l.  Miscellaneous  provisions. 


•  INTRODUCTORY  NOTh". 

(iKM'.n  VI.  t  <iN>.ii>i;n  \  iioNs  ni:si'K«  riN<;  Tiih;  <  ii  vicri'.ii. 

The  Schcnir  iind  Ihnrlcr  uf  St.  Louis  City  wiis  flamed  by  a  board  of  free- 
holders In  piir.suam-f  of  tho  provisions  of  Art.  IX.  Sees.  20  to  25.  of  the  State 
Constitution  of  1S75.  and  was  adopted  by  tlio  people  at  an  election  held  on  August 
22.  1S76;  it  became  the  organic  law  of  the  city  and  county  sixty  days  thereafter 
(Oct.  22.  1S76).  and  all  former  charters  and  special  laws  of  St.  Louis  County  wore 
superseded.  State  cx  rel.  vs.  I'Inn.  4  Mo.  App.  .'{47.  3r>fi;  State  ex  rel.  v.s.  Mason.  4 
Mo.  App.  377;  Badgeley  vs.  St.  Loiii."".  149  Mo.  122,  129;  St.  Louis  vs.  Fischer.  167 
Mo.  654.  6S0;  State  ex  rel.  vs.  Sutton.  3  Mo.  App..  388  (deciding  the  question 
whether  the  adoption  had  actually  been  carried);  State  ex  rel.  vs.  St.  Louis.  174 
Mo.  1.  c.  140;  Northcut  vs.  ICager.  132  Mo.  1.  c.  273. 

The  separation  of  the  city  and  county  did  not  relieve  St  Louis  from  the  oper- 
ation of  such  laws  speciall.v  applicable  to  St.  Louis  County  as  were  then  In 
force  and  consistent  with  the  altered  circumstances;  Eiclielmann  vs.  Weiss, 
7  Mo.  App.  87.  89  (sheriffs'  and  marshals'  act).  The  constitution  limits  the  dis- 
placement to  "special  laws  relating  to  St.  Louis  County  Inconsistent  with  such 
Scheme."  Const..  Art  IX.  Sec.  20.  But  In  all  other  respects  the  city  became  inde- 
pendent of  the  county,  and  Is  a  city  proper,  though  In  some  respects  performing 
the  functions  of  a  county:  State  ex  rel.  vs.  Walsh.  69  Mo.  408.  As  to  how  far  the 
city  Is  to  be  treated  as  a  county  see  infra,   this  note. 

The  City  of  St.  I»uls  Is  not  In  any  class  with  other  cities,  and  It  Is  not  affected 
by  legislation  applicable  to  cities  of  the  flrst-class  as  delineil  In  the  Constitution, 
becaifse  the  St.  Louis  Charter  Is  Itself  enacted  In  pursuance  of  a  special  con- 
stitutional provision,  and  does  not  fall  under  any  classlflcatlon:  State  ex  rel.  vs. 
Mason.  l.'i.'>  Mo.  4S6.  .=i01  (overruling  Murnane  v.s.  St.  Louis.  123  Mo.  479.  and  St.  Louis 
vs.  Dorr.  14.1  Mo.  423.  and  adopting  the  dissenting  opinions  in  those  cases);  State 
cx  rel  vs.  Hawes.  153  Mo.  23.  52;  Kansas  City  vs.  Stegmlller.  151  Mo.  189.  204; 
St.    Louis    vs.    Blrchcr.    76    Mo.    431. 

The  City  of  St.  LiOuis  derives  its  charter  in  pursuance  of  constitutional  pro- 
visions, and  the  powers  delegated  therein  are  conferred  by  the  state  upon  the 
municipality,  and  so  long  as  they  are  not  Inconsistent  with  the  constitution  and 
laws  of  the  state  they  are  valid  and  binding  upon  all  who  come  within  the 
scope  of  their  authority  or  operation:  St.  Louis  vs.  Liesslng.  190  Mo.  464.  4S0; 
St.  Louis  vs.  W.  v.  Tel.  Co..  149  V.  S.  465,  467;  Kansas  City  vs.  Oil  Co..  140  Mo. 
4.i8.   471;  Grand  Ave.   Ry    i '  '"'Itlzens'  Ry.  Co..   148  Mo.  665.  671. 


290  INTRODfCTORY   NOTE   TO   CHARTER. 

The  charter  so  conferred  and  adopted  has  all  the  force  and  effect  of  a  legislative 
charter  largely  delegating  the  state  power  upon  the  city,  and  such  delegation 
of  power  is  no  infringement  of  the  maxim  that  legislative  pov^er  cannot  be 
delegated:  Sluder  vs.  Transit  Co.,  189  Mo.  107.  128;  Meier  vs.  St.  Louis.  180  Mo. 
391.  409;  St.  Louis  vs.  Fischer.  167  Mo..  654,  660-661  (affirmed  194  U.  S.  361);  State 
ex    rel.    vs.    Llndell  Ry..   151   Mo.    162.   182. 

As  to  the  force  and  effect  of  ordinances  as  legislative  enactments,  see  further, 
note  to  Art.  Ill   (introductory  to  Sec.  26  thereof)  and  note  to  Art.  III.  Sec.  12. 

But  the  charter  of  a  city  cannot  confer  on  it  the  power  of  the  State  concerning 
such  things  as  are  without  the  scope  of  municipal  government,  and  not  incidental 
to  municipal  functions:  these  are  reserved  to  the  State  unless  expressly  conferred 
by  the  Legislature:  State  ex  rel.  vs.  Telephone  Co..  189  Mo.  83  (holding  that 
Kansas  City  could  not  enforce  a  regulation  as  to  telephone  rates,  expressly 
given  in  the  charter.  That  such  power  to  fix  rates  did  not  exist  under  the 
St.  Louis  charter  see  St.  Louis  vi5.  Bell  Telephone.  96  Mo.  623;  see  also  ordlriance 
of  St.  Louis  attempting  to  reserve  the  right  to  fix  charges.  R.  C,  Sec.  1195  and 
note,  also  see  note  to  Sec.  1093);  State  ex  rel.  vs.  Police  Com'rs,  184  Mo.  109 
(holding  that  the  Kansas  City  charter  could  not  confer  powers  respecting  em- 
ployment or  discharge  of  policemen  not  in  accord  with  the  state;  as  to  the  St. 
Louis  police  act  see  State  ex  rel.  vs.  Stoble.  92  So.  West.   191.  s.  c.   194  Mo.   14. 

And  the  cliarter  must  always  be  in  harmony  with  the  Constitution  and  laws 
of  the  state:  See  cases  heretofore  and  hereinbelow  cited;  also  State  ex  rel.  vs. 
Telephone  Co..  1S9  Mo.  83;  State  ex  rel.  vs.  Police  Com'rs.  184  Mo.  109;  Ewing  vs. 
Hoblizelle.  85  Mo.  64.  loc.  cit.  76  (discussing  the  objects  in  view  in  adopting  the 
St.  Louis  charter);  State  ex  rel.  vs.  Lindell  Ry..  151  Mo.  1.  e.  1S2  (same);  State 
ex  rel.  vs.  Stobie.  194  Mo.  14.  s.  c.  92  Southw.  191  (see  discussion  as  to  St.  Louis 
Scheme   and   Charter   in    both    majority    and   dissenting   opinions). 

Hence,  and  also  because  the  power  of  the  legislature  to  supersede  or  modify  the 
charter  or  ordinance  provisions  exists,  it  follows  that  when  the  ordinances  or 
charter  provisions  are,  or  become,  in  conflict  with  prior  or  subsequent  state 
statutes,  or  state  policy,  or  with  the  constitution,  such  ordinances  or  charter 
provisions  are.  or  become,  void,  and  must  yield  to  the  higher  law:  State  ex  rel. 
vs.  Stobie.  92  Southw.  (Feb.  26,  1906),  191,  200;  s.  c.  194  Mo.  14.  (holding  a  pro- 
vision in  the  Scheme  repealed  by  the  police  act);  St.  Louis  vs.  Meyer.  185  Mo. 
583;  State  ex  rel.  vs.  Police  Com'rs.  supra:  Badgeley  vs.  St.  Louis.  149  Mo.  122 
(declaring  a  charter  provision  void  as  contrary  to  the  code  civil  procedure);  Ford 
vs.  Kansas  City.  181  Mo.  137;  State  ex  rel.  vs.  Railway.  117  Mo.  1.  11-12;  EwIng 
vs.  Hoblizelle.  85  Mo.  64.  76:  State  ex  rel.  vs.  Bell,  119  Mo.  70.  75;  State  ex  rel. 
vs.   Matthews.   94  Mo.    117    (Scheme   provision   changed   by   statute). 

But  mere  differences  in  details  do  not  render  such  laws  inharmonious,  and  the 
charter  provisions  are  effective:  Kansas  City  vs.  Oil  Co..  140  Mo.  458.  471  (a 
decision  frequently  approved  In  later  St.  Louis  cases;  the  court  holds  that  "A 
corfstitutlonal  provision  authorizing  a  city  like  Kansas  City  or  St.  Louis  to 
frame  its  own  charter,  implies  the  power  to  adopt  a  complete  and  harmonious 
system    of     local     municipal     government-      .      .     .     The     charter  .  being    a 

law  for  the  government  of  the  municipality,  it  Is  binding  upon  all  courts,  and 
it  violates  no  principle  of  our  government  to  say  that  the  courts,  when  called 
upon,  must  enforce  these  municipal  laws  unless  they  conflict  with  the  Consti- 
tution, and  are  not  in  harmony  with  the  Constitution  and  laws.  and.  as  already 
said,  mere  differences  in  detail  do  not  render  such  laws  Inharmonious. 
So  long  as  the  city  ....  does  not  invade  the  province  of  general  legislation 
or  attempt  to  change  the  policy  of  the  state  as  declared  in  her  laws  for  the 
people  at  large,  it  will  not  be  held  to  be  out  of  harmony  with  such  laws,  notwith- 
standing the  provisions  of  the  special  charter  may  be  different  from  the  general 
statutes  prescribed  for  the  government  of  other  cities  in  their  local' affairs) ;  to 
same  effect:  St.  Louis  vs.  Dorr.  145  Mo.  466.  478  (to  this  extent  this  case  has  not 
been  overruled);  and  see  particularly  St.  Louis  vs.  Delassus.  (Sup.  Ct..  July  2.  1907. 
not  yet  reported)  fully  discussing  and  sustaining  the  city's  power  to  pass  ordinances 
on  subjects  also  covered  by  State  statutes,  though  not  identical  therewith;  also 
State  vs.  Vic  De  Bar.  58  Mo.  395  (showing  to  what  extent  the  city  was  regarded  as 
independent  of  state  laws  under  the  earlier  decisions);  and  see  discussion  in  State 
vs.  Kessels,  120  Mo.  App.  I.  c.  240,  distinguishing  the  effect  of  the  present  con- 
stitution and  the  former  one  on  the  power  of  St.  Louis  to  pass  ordinances  incon- 
sistent  with   the  state  laws. 

As  to  discussion  of  how  far  the  city  may  enact  ordinances  declaring  acts  to 
be  misdemeanors,  where  there  are  state  enactments  on  the  same  point,  and  the 
effect  of  concurrent  enactments  by  the  city  and  etate,  see  note  to  Rev.  Code,  sec. 
1265  and  cases  there  cited. 


INTRODUCTORY  NOTK  TO  CHARTKR.  291 

And  the  powt-r  of  the  i-lty  to  tux  Is  specirically  recognized  by  the  constitution: 
See  note  to  Charter.  Art.  UI.  Sec.  26.  Clause  5.  and  particularly  note  to  Charter. 
Art.  V.  Sec.  1. 

It  may  he  added  that  vvlille  the  absolute  general  power  of  the  legLslature  to 
alter  or  destroy  Its  municipalities  or  lo  change  their  boundaries,  without  consult- 
ing the  wishes  of  the  Inhabitants,  Is  unquestioned  (St.  Ixiuls  vs.  Russell.  9  Mo. 
503.  507:  McCormIck  vs.  Hy..  20  Mo.  App.  640  and  cases  cited;  Forsyth  vs.  Ham- 
numd.  166  U.  S.  506),  yet  It  cannot  be  lawfully  so  exercised  as  to  Impair 
thi>  Kbilgatlons  of  contracts  (such  as  bonds)  previously  entered  Into  by  such 
municipalities:  Graham  vs.  Folsom.  200  V.  S.  248;  St.  Louis  vs.  Russell,  supra 
1.  c.  50S. 

I'DniilhurlErd  Ordlnnnrem  And  for  like  reasons  an  ordinance  l.s  void  when  It 
conrllits  with  the  charter,  or  when  It  is  not  authorized  by  the  charter,  or  en- 
acted as  the  charter  requires.  All  powers  of  the  municipal  assembly  emanate 
from  the  charter  and  must  find  their  support  In  It  as  the  source  of  authority: 
See  discussion  of  this  subject  and  citation  of  cases  In  note  Introductory  to 
Art.    III.   Sec.    26    (heading),  of  the  Charter. 

In  some  respects  the  charter  bears  the  same  relation  to  the  ordinances  that 
the  constitution  does  to  the  statutes:     Quinette  vs.  St.  Louis.  76  Mo.  402.  404. 

See  for  discussion  of  validity  of  ordinances  "General  Note  on  Ordinances"  to 
Chart..  Art.  III.  Sec.  12.  and  note  to  "Legislative  Powers  and  Functions  of  Muni- 
cipal  Assembly"  to  Art.   Ill,  Sec.   26. 

As  to  validity  of  acts  of  officers  during  the  period  when  it  was  erroneously  sup- 
posed the  adoption  of  the  Scheme  and  charter  had  been  defeated,  see:  Schaeffer 
vs.  Bernero.  11  Mo.  App.  562:  Adams  vs.  Lindell.  72  Mo.  198  adopting  5  Mo.  App. 
197;  State  ex  rel.  vs.  Sutton.  3  Mo.  App.  388;  St.  Louis  vs.  Stoddard.  15  Mo.  App.  173. 

JiiilleinI  and  I'ukllc  Notice:  The  constitution  requires  the  courts  to  take  Judicial 
notice  of  the  Charter  and  the  city's  incorporation.  Const..  Art.  IX.  sec.  21.  Bar- 
clay. J..  In  Walsh  vs.  Mo.  Pac.  Ry..  102  Mo.  1.  c.  589;  St.  Louis  vs.  Lang.  131  Mo. 
412.  420.     See  also  State  vs.  Nolle.  96  Mo.  App.  624,  52«. 

The  courts  take  Judicial  notice  that  St.  Louis  is  the  only  city  having  300.000 
Inhabitants;  State  vs.  Ansllnger.  171  Mo.  600.  610;  State  ex  rel.  vs.  Miller.  100  Mo. 
439.    450. 

And  that  It  is  a  separate  political   subdivision  of  the  State:     See  infra. 

The  Charter  Is  a  Public  Act  of  which  all  persons  interested  are  bound  to  take 
notice:    Perkinson  vs.  St.  Louis.  4  Mo.  App.   322.   I.  e.   328. 

The  City  of  St.  Louis  is  a  political  subdivl.sion  of  the  State  of  which  the  courts 
take  Judicial  notice:  (State  vs.  Nolle.  96  Mo.  App.  524;  State  ex  rel.  vs.  Bus.  135 
Mo.  I.  c.  337;  State  ex  rel  vs.  Ry..  195  Mo.  loc.  clt.  241  and  246;  see  also  State  ox  rel. 
vs.  rinn.  4  Mo.  App.  347);  and  hence  all  appeals  in  cases  in  which  the  city  Is  a 
party  go  to  the  Supreme  Court:     See  note  to  Charter.  Art.  XVI.  Sec.   6. 

That  the  public  must  take  notice  of  the  city  ordinances  as  of  other  laws, 
but  that  the  courts  do  not  take  Judicial  notice  of  ordinances  and  that  they 
must  be  pleaded  and  proved  as  facts,  is  treated  of  In  "General  note  on  Ordi- 
nances," appended  to  Chart..  Art.  III.  Sec.   12. 

Ilun-  Far  «hr  fHy  In  Trrnlrd  am  n  loimtj  i  The  constitution  provides  that  "the 
city  as  enlarged  shall  be  entitled  to  the  same  representation  in  the  General 
Assembly,  collect  the  state  revenue  and  perform  all  other  functions  In  relation 
to  the  State.  In  the  same  manner,  as  If  It  were  a  county  as  In  this  Constitution 
ilellned."  etc.  (Const..  Art.  IX.  sec.  23.)  "The  charter  contains  many  provisions 
to  define  the  mode  In  which  the  city  should  perform  many  essential  govern- 
mental duties  toward  the  state  *as  If  It  were  a  co\inty.'  the  city  was  practically 
put  in  the  position  of  a  county  for  the  purposes  of  executing  the  functions  of 
government  in  that  locality;  as  those  functions  were  to  be  performed  by  city 
officers,  the  Scheme  and  Charter  undertook  In  the  first  Instance  to  prescribe  how. 
and  by  whom,  those  duties  should  be  discharged.  But  matters  of  purely  munici- 
pal and  local  concern  the  constitution  Intended  to  commit  to  local  self-govern- 
ment, which  the  peculiar  provisions  In  regard  to  St.  I.,ouis  were  designed  to 
authorize":   St.   Louis  vs.  Dorr.   145  Mo.   46C,   471. 

The  court-house  Is  maintained  not  by  virtue  of  the  municipal  functions  of  thr 
city   but   In   the   performance   of  a   county   function   In   the   sense  of   the   consti* 


292  INTRODfCTORY   NOTE   TO  CHARTER. 

tutional  provision,  and  the  relation  of  the  city  to  the  court-house  is  the  same  as 
the  county  to  the  court-house  was  before  the  separation:  Cunningham  vs.  St. 
Louis,  96  Mo.  53.  Tile  City  of  St.  Louis  being  for  all  necessary  purposes  a  county 
in  itself,  the  seat  of  justice  of  such  quasi-county  is  the  city  itself,  and  not  the 
court-house  building,  and  a  public  office  Is  located  at  the  seat  of  Justice  when 
In  the  new  city  hall,  though  such  locality  was  not  part  of  the  city  when  the 
court-house  was  originally   erected:      Babcock  vs.   Hahn.   175  Mo.   136.   140. 

The  City  of  St.  l.<ouis  occupies  the  dual  relation  to  the  state  of  a  county  and  of 
a  city   under  its  Scheme  and  Charter:     State  ex   rel.  vs.  Bell.  119  Mo.   1.  c.   73. 

Though  the  city  is  not  a  •'county"  in  the  ordinary  sense  used  in  the  Constitu- 
tion, it  is  in  a  (lualified  sense  a  county,  in  that  it  is  a  "legal  subdivision  of  the 
state"  and  performs  the  functions  of  a  county:  State  ex  rel.  vs.  Finn.  4  Mo.  App. 
347;  to  same  effect  State  ex  rel.  vs.  Bus.  135  Mo.  1.  c.  337;  State  ex  rel.  vs.  Rail- 
way. 195  Mo.  loc.  cit.  241.  246.  But  in  all  other  respects  the  City  as  constituted 
by  the  Scheme  of  separation,  is  a  city  proper  and  not  a  county,  and  the  St. 
Louis  county  laws  do  not  apply  to  the  city:     State  ex  rel.  vs.  Walsh.  69  Mo.  40S. 

The  Rev.  St.  1S99.  Sec.  4160.  subdiv.  19.  provide  that  "whenever  the  word  'county' 
is  used  in  any  law.  general  in  its  character  to  the  whole  State,  the  same  shall 
be  construed  to  include  the  City  of  St.  Louis,  unless  such  construction  be  incon- 
sistent with  the  evident  intent  of  such  law  or  of  some  law  specially  applicable 
to  such  city."  (See  Laws  Spe.  Applicable  to  St.  Louis.  Sec.  373).  This  section 
referred  to  or  applied  in  the  following  cases:  Henderson  vs.  Koenig.  168  Mo.  1.  c. 
363;  St.  Louis  vs.  Clabby.  S8  Mo.  573;  State  ex  rel.  vs.  Dillon.  87  Mo.  487;  State 
ex  rel.  vs.  Wilder.  198  Mo.  1.  c.  173;  Bank  vs.  Umrath.  55  Mo.  App.  1.  c.  48.  Rev. 
St.  1S99.  p.  2562.  Sec.  1  (Art.  XXV)  provides  that  in  certain  cases  moneys  re- 
quired to  be  paid  out  of  the  county  treasuries  shall  in  St.  Louis  be  paid  out  of 
the  city  treasury;  and  Rev.  St.  1S99.  Sec.  6536.  enacts  that  respecting  the  statutes 
concerning  Justices  of  the  Peace  and  Constables,  "so  far  as  applicable  said 
city  shall  be  considered  as  a  county;"  and  likewise  a  district  in  said  city  shall  be 
held  to   be  the  same  as  a  township   in   said  chapter   (Ch.   9). 

in  State  ex  rel.  vs.  Dillon.  87  Mo.  491,  the  court  says:  "St.  Louis  is  not  by  name 
a  county,  nor  within  the  limits  of  any  county.  It  is.  for  many  ijurposes, 
throughout  the  statutes,  treated  as  a  county,"  but  the  case  holds  that  the 
chapter  on  election  laws  relating  to  state  officers,  which  shall  apply  to  St. 
Louis  the  "same  as  to  counties,"  does  not  apply  to  those  officers  performing 
purely  municipal  functions,  such  as  the  mayor,  and  in  the  same  case  (p.  491)  It 
is  further  said:  "Many  of  the  statutes  are  applied  by  the  use  of  the  word 
county.  The  general  laws  are  in  most  cases  designed  to  have  and  to  take  effect 
throughout  the  entire  state.  St.  Louis,  as  we  have  seen,  is  not  a  county  by  name. 
Hence  this  paragraph,  which  is  a  part  of  the  article  of  the  general  laws  concern- 
ing the  construction  of  statutes,  declares  that  whenever  the  word  county  is  used 
in    any    law,    general    in    its    character."    etc. 

Transfer  of  <»ld  county  fiiuctionn  iiikI  offices  t<»  ctirrcspontllnR  city  fniictloniirlcK 
under  tlic  Sclicme  null  Charter.  In  aiidition  to  the  constitutional  and  statutory 
provisions  referred  to  in  the  preceding  references  pointing  out  how  far  and 
when  the  city  is  to  be  regarded  as  performing  county  functions,  it  may  not  be 
out  of  place  to  refer  to  other  provisions  of  the  law  concerning  the  necessary 
transfer  of  the  function  formerly  performed  by  the  county  officials  upon  cor- 
responding new  officials  under  the  Scheme  and  Charter. 

Thus  the  state  statutes  provide  that  "all  laws  requiring  an.v  officer  of  any 
county  to  perform  any  duty,  service  or  trust,  under  the  laws  of  this  state,  shall 
Include  all  corresponding  city  officers  named  in  the  Charter  and  .Scheme  of 
separation  for  the  government  of  the  city  and  county  of  St.  Louis":  R.  S.  1899. 
Misc.  Prov..  Art.  XXV.  p.  2562.  Sec.  3. 

And  "any  act  or  duty  authorized  or  required  to  be  performed  by  the  ch-rk  of  the 
county  court,  such  act  or  duty  shall  be  performed  by  the  Register  of  the  said 
City  of  St.  Louis,  and  the  term  'county  clerk'  shall  he  construed  to  include  the 
Register,  so  far  as  the  same  relates  to  any  act  or  duty  required  to  be  performed 
in  said  city  similar  In  character,"  etc.  R.  S.  1899,  Sec.  4160,  subd.  IS;  and  "all 
laws  providing  for  the  performance  of  any  duty,  service  or  trust,  by  any  county 
clerk,  shall  apply  to  the  Register  of  the  City  of  St.  Louis,  as  if  such  officer  was 
specially  named  in  such  law.  acts  or  parts  of  acts."  R.  ,S.  1S99.  Art.  XXV.  p.  2562, 
.Sec.  4  (see  State  ex  rel.  vs.  Tracy.  94  Mo.  217;  as  to  ordinances  on  Register  see 
Rev.    Code.    Ch.    2S,    Sees.    2062-2069    and    notes).     So    with    reJipect    to    .lustices    of 


INTRODrCTORY  NuTH  TO  CIIARTKR.  293 

Ilu'  rciu'O  ami  Constables.  R.  S.  1899.  Sec.  C53G.  provides  timt  tlic  duties  and 
scrvU-fS  coni-ornInK  them  required  (In  Chnp.  9  of  the  R.  S. )  of  llio  county  clerk 
shall  be  performed  by  the  Register,  and  those  by  the  County  Court  by  the 
ma>*or  (except  In  t-aae  i>f  a  lie  or  contested  election;  as  to  which  see  State  e,\  Inf. 
vs.    Kramer.    150  Mo.    S9). 

Again:  "All  acts  and  parts  of  acts  which  provide  for  the  performance  of  any 
duty  or  trust  by  any  county  court  In  this  state,  shall  also  Include  the  Municipal 
.Vsst-mbly  and  the  Mayor  and  Comptroller  of  the  City  of  St.  I.k)u1s:  R.  S.  isan.  Art. 
XXV.   p.   25*2.  Sec.   2. 

So  In  the  Scheme.  Sec.  24.  it  Is  provided  that  the  Municipal  Asseml)ly  performs 
all  functions  (not  otherwise  provided  for  In  charter)  which  wer.'  foriu'  rly  u.i- 
formed  by  the  County  Court   (see  127  Mo.   I.  c.   9). 

By  Sec.  31  of  the  Scheme,  powers  then  vested  "In  the  County  Court  of  St.  Louis 
Co..  or  the  clerk  of  said  court,  or  the  county  collector  or  auditor,  may  be  exercised 
by  such  tribunals  or  officers  as  nuiy  be  provided  by  ordinance."  sec.  IS  provided  for 
powers  of  sheriffs  and  marshal  (see  note  to  said  section);  also  sees.  .">  and  6 
(see  notes  thereto).  Other  ofllcers  were  similarly  considered  (see  Scheme  In 
Kcneral). 

Respecting  revenue  and  taxation,  by  the  Charter.  Sec.  31  of  Art.  V,  the  City 
Collector  performs  the  duties  with  respect  to  the  collection  of  the  revenue  for- 
nierl.v  rci]Uired  by  the  County  Collector  (except  as  modllled  by  statute:  See  not© 
to  said  section).  And  Sec.  9334.  R.  S.  1S99  (see  Laws  Specially  Relating  to  St. 
Louis.  Chapter  26.  Sec.  469)  Is  to  the  same  effect.  The  following  section  (R.  S., 
Sec.  li;i:i.');  Laws  Sp.  Ap.  St.  L.,  Sec.  470)  provides  that  the  council  [now  municipal 
assembly  |  shall  with  reference  to  the  assessing  and  collecting  of  revenue  in  the 
city  do  those  things  performed  by  the  county  court,  where  not  otherwise  provided 
for  In  the  Scheme  and  Charter.  So  by  the  charter.  Art.  V.  Sec.  29,  the  comptroller 
is  substituted  for  the  County  Court  in  the  general  provisions  respecting  "land 
delimiuent  list."  the  "sale  of  land  for  taxes."  and  all  other  matters  relating  to  the 
assessment  books  and  tax  bills.  While  Sec.  4  of  Art.  XVI  of  the  charter  requires 
the  City  Counsellor  to  perform  the  duties  respecting  street-opening  cases  which 
were  looked  after  by  the  Land  Commissioner  prior  to  April  7.  1S77.  And  as  to 
collection  of  railroad  taxes,  R.  S.  1899.  Sec.  93S3.  says  that  "all  services  required 
to  he  performed  by  county  officers  under  this  article  shall  be  performed  In  the 
I'lty  of  St.  Louis  by  the  corresponding  officers  of  the  City  of  St.  Louis,  and  wher- 
ever the  word  "county'  occurs  It  shall  bo  construed  to  Include  the  city." 

Speaking  of  these  kind  of  provisions  the  court  in  the  case  of  State  ex  rel.  vs. 
F'ow.'rs.  BS  Mo.  1.  c.  ;!24.  said:  ".\s  the  city  government,  authorized  by  the  consti- 
tution for  the  City  of  SL  Louis.  Is  entirely  different  In  its  organization  from  that 
of  the  county  ....  It  became  necessary  to  provide  In  the  charter  the 
requisite  municipal  agencies  ....  Proper  officials  were  to  be  designated, 
the  mode  of  their  selection  prescribed,  and  the  duties  which  were  previously  per- 
formed by  the  officials  designated  In  the  general  law  were,  by  express  enactment, 
to  be  imposed  upon  them."  etc.  See  on  this  point  (taxation)  note  to  Charter.  Art. 
V.  Sec.    t;  Laws  Spec.  Appl.  to  St.   Louis,  notes  to  Chapter  26. 

So  In  State  ex  rel.  vs.  Bus.  135  Mo.  1.  c.  337.  considering  whether  certain  officers 
performed  state,  city  or  county  functions  the  court  says:  "While  the  City  of  St. 
Louli  Is  strictly  a  municipal  corporation  Its  territory  Is  also  a  subdivision  of  the 
state.  In  which  officers  are  elected  to  perform  the  functions  of  the  state  govern- 
ment as  distinguished  from  those  pertaining  to  municipal  government.  Those 
officers  are  In  no  sense  municipal  officer.s.  Their  designation  as  officers  of  the 
City  of  St.  Louis  refers  to  their  territorial  Jurisdiction  rather  than  the  govern- 
mental duties  they  perform.  They  are  officers  under  the  laws  of  the  state  and 
perform   their  duties   within    the   city    limits." 

CiinNiruelion  nf  riiiirter  nnil  Orilluiiaep  I'ruvlNlunM.  see  discussion  in  introduc- 
tory mile  to  Charter,  in  Art.  III.  Sec.  2ii  and  citations  there  made. 


294  CHARTER   OF   THE   CITY   OF   ST.    LOUIS.  [ART.   I.  Sec.  1. 

ARTICLE  I. 

CORPORATE  POWEItS.  BOUNDARIE.S  AND  WARDS. 

SECTION.  I   SECTION. 
1.   Corporate  name  and  powers — authority  2.   Corporate   limits  ami   liouniiaries. 

to     purchase,     liold     and     dispose     of  3.   Ward    boundaries. 

property — to    receive    beriuests.    etc.,  4.   Correction   of   waril    limits   and    perma- 

and    have   a    common   seal.  '  nent   <iivision   lin»*s. 

Section  1.  Corporate  name  ami  powers  —  authority  to 
purchase,  hold  ami  dispose  of  property  —  to  receive  be- 
quests, etc.,  and  have  a  common  seal.  —  The  inliahitauts  of 
all  that  district  of  coiiiilrv  ciiihi-accd  within  the  limits  pivscrihed  in  the 
next  sncceeding  section,  shall  be  and  continue  a  body  corpoi'ate  by  the  name 
and  style  of  "The  City  of  St.  JA)uis."  and  by  that  name  shall  have  jierpetual 
succession,  shall  sue  and  be  sued,  implead  and  be  impleaded,  defend  and 
be  defended  in  all  courts  of  law  and  ecjuity.  and  in  all  actions  whatsoever; 
may  purchase,  receive  and  hold  ju-operty,  real  or  personal,  witiiin  said 
city,  and  beyond  the  limits  of  the  city,  to  be  used  for  the  burial  of  the 
dead  of  the  city,  for  the  erection  of  waterworks  to  supply  the  city  with 
\\ater,  for  the  establishiiuMit  and  erection  of  gasworks  to  sup])ly  the  city 
with  light,  for  the  establishment  of  a  hosjjital  or  hospitals  for  the  reception 
of  persons  infected  with  contagious  or  other  diseases,  for  a  poor  house  or 
poor  hou.ses,  work  house,  house  of  correction,  or  for  any  other  purposes; 
may  sell,  lease  or  otherwise  dispose  of  any  j)roperty  for  the  benetit  of  the 
city:  may  i-eceive  bequests,  gifts  and  donations,  of  all  kinds  of  property, 
within  or  without  the  city,  in  fee  sim[)le  or  in  trust,  for  charitable  or  other 
jiurjioses.  and  do  all  acts  necessary  to  carry  out  the  purposes  of  such  be- 
quests, gifts  and  donations,  with  power  to  manage,  sell,  lease  or  otherwise 
dispose  of  tiie  same;  and  may  have  and  u.se  a  common  seal,  and  may  break; 
change  or  alter  the  same  at  pleasure. 

PuMer.**  of  C"i(.vi  As  a  municipal  coi-poration  the  city  has  in  general  these 
powers  and  no  others:  Those  expressly  granted,  those  necessarily  or  fairly  im- 
plied in  or  incident  thereto,  and  those  essential  to  the  declared  objects  of  the 
corporation — not  simply  convenient,  but  indispensable;  and  a  fair  doubt  as  to 
the  existence  of  the  power  is  resolved  against  the  corporation:  See  on  this 
subject  authorities  and  discussion  in  note  to  heading  of  Art.  III.  Sec.  26  of  the 
Charter. 

Arul  as  to  the  legislative  functions  of  the  cit\'.  and  to  what  extent  the  courts 
will  re\ii-w  the  same  on  the  .ground  of  fraud,  oppression  or  unreasonableness, 
and    the    \':i!idit>'   of  ortlinances   see   same    note    (imder   Art.    IIT,   Sec.    26,   heading). 

.\iitlioritj-  to  PiircliiiMe,  Hold  nurt  Di-spoHc  of  Property:  City  may  hold,  purchase, 
etc..  real  estate  in  the  count>'  for  the  city's  use:  Scheme,  Sec.  21;  Power  to 
"purchase,  rent  or  lease  in  the  city  or  elsewhere,  any  real  or  personal  property, 
and  to  control,  manage,  sell  or  lease  or  otherwise  dispose  of  same."  etc.  see 
Chart.,  Art.  III.  Sec.  26.  clause  14.  And  as  to  power  to  sell  or  lease  parks:  Art. 
VIII.  Sec.  4.  Supplying  water  outside  city  limits:  .See  R.  S.  1899.  Sees. 
6488-6491.  The  city  may  take  and  hold  real  or  personal  property:  Christy  vs. 
St.    Louis,   20  Mo.   143,   145, 

The  city  may  acquire  and  hold  such  property  beyond  the  limits  of  the  city  as 
may  be  proper  for  its  purposes;  and  such  right  was  not  limited  strictly  to  the 
specific  purposes  enumerated  in  the  charter  (prior  to  the  present  charter);  and 
no  one  but  the  State  can  question  the  city's  power:  Chambers  vs.  St  Louis. 
29  Mo.   543;    Hafner  vs.  St.   Louis,   161   Mo.   34. 

The  city  has  ample  autliorit.v  to  build  anil  maintain  a  bridge  across  the  Mis- 
sissippi, although  part  of  such  bridge  must  necessarily  be  outside  the  limits  of 
the  city  and  State,  and,  it  seems,  may  condemn  pfoperty  for  that  purpose  in  Illi- 


ART   I.  Sec.   2  1  CHARTKR   OP  TH  K  CITY   OV   ST     LOUIS.  295 

nols:     Hapussler  vs.  St.  Louis,  decljoil  In  SuprPtne  Court  Missouri   In  bnnc.  July   2. 
1907   (not  yet  reported). 

Ample  power  Is  conferred  on  the  city  to  deal  with  and  dispose  of  property  to 
which  the  absolute  title  has  been  bought  by  the  city:  State  ox  rel.  vs.  Schwelck- 
ardt,    109  Mo.   1.  c.   50S-509. 

The  City  of  St.  Louis  has  a  fee  simple  title  to  Its  commons  and  may  under  Its 
charter  pass  such  title  to  a  purchaser:  Woodson  vs.  Skinner,  22  Mo.  13.  Sec  also 
St.    Louis   vs.   United   States,   92   U.   S.    462. 

As  tu  rxecutlun  of  eitj  conlrnetM  nnil  convey  nnccN,  and  the  formalities  neces- 
sary, see  not.'  ti>  Charter.  .-\rt.  XVI.,  Sic.   7 

Truntee  la  te«lnaientMry  Iruiil:  The  city  may  be  the  active  trustee  In  the  admin- 
istration of  a  cluiritable  testamentary  trust,  hold  tlie  legal  title,  and  may  be  com- 
pelled to  execute  the  trust  after  acceptance:  Chambers  vs.  St.  Louis,  29  Mo.  543, 
(followed   in   Barker  rs.   Donnelly,   112  Mo.  561.  575). 

Scnl   of   »i.    i  "uU   <  li>  I     See   Rev.   Code,   Sec.    2069. 

l.aofl  dediented  t»  piirllcular  iifii- — illvernlon  to  nniithcr  nnet  Where  an  case- 
ment Is  creatt'd.  an  aliaiuloniiU'nt  by  the  jfrantet*  restores  the  title  to  the 
grantor  freed  therefrom,  and  where  the  title  Is  conveyed  on  condition,  it  reverts 
when  the  condition  falls;  but  when  the  title  Is  conveyed  absolutely  In  trust 
for  a  particular  purpose  (as  here  to  the  city  for  a  meat-shop)  the  land  may 
after  such  particular  use  be  used  for  other  purposes  where  there  is  no  reserva- 
tion of  the  right  of  re-entry  on  the  diversion  or  abandonment  of  the  use: 
Hand  vs.  St.  Louis,  15S  Mo.  204,  referring  to  numerous  city  cases  and  distinguish- 
ing same. 

As  to  lands  dedicated  for  street  purposes  and  diverted  see  note  to  Art.  VI, 
Sec.   1,  of  Charter. 

Sec.  '2.  ('«ir|H»ra(»>  limits  aiul  IxMiiidarit's.  —  Tin-  coipo'- 
alf  limits  of  tlic  t'ilv  of  Si.  l.oiiis  shall  coiiiiprisc  all  that  dislricl  of  coun 
lr_\  siiiiait'il  ill  the  Coiiiity  of  St.  Louis  and  Slate  of  .Missouri,  lo-wit  :  He 
;;iiinin<^  at  a  point  in  the  niiilille  of  the  iii:iiii  (haiinel  of  tiie  .Mississippi 
lii\ei-,  anil  riinnin<;  tlieiiee  >\est wardlv  at  ri^lit  aiio;les  to  said  I'haniiel,  to  a 
poiui  on  tlie  west  hank  of  said  river  •Jlllt  feet  south  of  the  center  of  the 
inoiiih  of  tlio  River  des  Teres;  thence  westwardiv  and  i>arallel  to  the  center 
of  the  Hiver  ties  Teres,  and  L'tIO  feel  soiitii  thereof,  to  the  eastern  line  of  the 
l.eiiiax  Ferry  road:  tiieiue  \vesi\var<llv  to  a  point  in  the  west  line  of  said 
i,enia\  Ferry  road  at  its  iiiiersection  witli  the  center  of  I  he  Welier  road; 
thence  westwardiv  aloii";  the  center  of  the  Wehcr  road  to  its  intersection 
with  llie  east  line  of  lot  one  ill  of  the  ('nrondelel  coininons  south  of  the 
Kiver  des  Teres;  thence  westwardiv  to  the  southeast  corner  of  Rudolph 
Overninn's.  or  northeast  corner  of  H.  H.  llaar"s  land;  theme  westwardiv  to 
said  llaar's  northwest  corner;  thence  northwestwardly  lo  a  point  in  the 
center  of  the  (Iravois  road  six  liundred  ititMli  feor  southwardly  from  llie 
center  of  the  liridi;e  arross  the  I{i\er  des  Teres;  thence  iiorlhwesl  wardly  to 
the  .>ioutheast  corner  of  lot  thirty  (»ne  i'.'<\)  of  the  sulidivision  of  tlie 
.Marken/ie  trad  in  I'.  S.  Survey  l.'.l."i:{;  thence  northwesi wardly  in  continu- 
ation of  said  last  mentioned  line  to  the  soiilhern  line  tif  lot  twenty-one  (21) 
of  the  sulidivision  <if  tlie  .said  .Mackenzie  tract;  thence  northwestwardly  to 
a  point  in  the  soniliern  line  of  the  F.  S.  Survey  '2jy-iTt.  twenty-six  (2G) 
chains  easlwanl  from  the  southwest  corner  of  said  survey;  thence  north- 
wardly lo  a  point  in  the  iiorih  line  of  Ihe  sulidivision  of  I-^ast  Laclede,  six 
hundri-d  (filMii  f».<-t  west  of  the  .McCaiisland  road:  thence  northwardly  ami 
parallel  to  the  center  of  Ihe  .McCausland  road,  to  a  [loiiil  on  the  Chiylon 
road  six  hundred  ((illOi  feet  west  of  its  iiiiersection  with  the  .McCausland 
itiad ;  Iheiice  northwardly  ami  parallel  with  Ihe  Skinker  road,  ami  six 
hundred  iliODi  f»>«>t  west  thereof,  to  its  intersection  with  the  old  Itonhoinme 
roail ;    theme   nortlieasterl\    to   the   intersection   of   the   center   lines  of   Mc- 


296  CHARTER   OF   THE   CITY   OF   ST.    LOUIS.  [ART.  I.  Sec.   3. 

Liiren  avenue  and  Mead  street;  tlieiuc  in  a  norilicasierlv  direction  to  a 
point  in  the  Bellel'onlaine  road  six  lumdred  ((iOO)  feet  north  of  its  inter- 
section with  the  Columbia  Bottom  road;  thence  northwardly  and  parallel 
wilh  the  center  line  of  the  Columbia  Bottom  road  to  the  northern  boundary 
line  of  the  V.  S.  Survey  number  (114)  one  hundred  and  fourteen;  thence 
eastwardly  alonj;  said  line  to  the  center  of  liie  main  channel  of  the  Mis- 
sissiiijii  Bivcr;  llience  with  the  meanderings  of  said  <-liannel  soutliwardly 
to  the  jioint  of  besiinninj;'. 

H4>iinilarirH«  .liirisili<*ti(iBi,  <•(«•.:  The  exten.sion  of  the  city  to  its  present  boundaries 
was  expressly  authorized  by  the  constitution:  Art.  IX.  Sec.  20.  "The  authority  con- 
ferred by  that  section  on  St.  Louis  was  not  the  right  of  amendment,  but  was  a  grant 
to  embrace  in  the  charter  it  was  authorized  to  frame  for  tlie  first  time,  other  ter- 
ritory not  then  within  its  boundaries:"  Kansas  City  vs.  Stegmiller.  151  Mo.  loc.  cit. 
200.  201.  See  boundary  fixed  in  Scheme,  Sec.  1.  Boundary  on  the  east  by  the 
Mississippi:  see  Constitution  of  Missouri,  Art.  1.  Sec.  1;  as  to  Mississippi  being 
a  public  highway,  obstruction  of  .=ame  by  buildings  or  construction  work  in  the 
river,  extent  of  riparian  ownership  and  rights,  etc.,  see  State  ex  rel.  vs.  Long- 
fellow, 169  Mo.  109,  and  discussion;  also  Myers  vs.  St.  Louis,  82  Mo.  36";  s.  c. 
8  Mo.  App.  266.  s.  c.  113  U.  S.  566:  St.  Louis  vs.  Knapp  Co.,  lOl  U.  S.  65S,  re- 
versing s.  c.  6  Fed.  22L  Wharf  boundaries-  and  city  ownership  of  wharf  lands, 
see  Rev.  Code,  Ch.  X,  Sec.  345,  and  following,  and  notes  thereto:  Harbor  boundary 
see  Charter,  Art.  IX,  Sec.  3.  Jurisdiction  over  Mississippi  between  Missouri  and 
Illinois:  See  Sanders  vs.  N.  O.  Anchor  Line,  97  Mo.  26,  and  cases;  Swearingen 
vs.  Steamboat,  13  Mo.  519:  St.  Louis  vs.  Rutz.  138  U.  S.  226;  Owning  lands  by  city 
outside  of  city  limits,  see  note  introductory  to  Charter  under  "authority  to  pur- 
chase and  hold  property,"  etc.  Taxation  of  lands  beyond  city  limits:  see  note 
to  Charter,  Art.  V,  Sec.  1.  A  city  ordinance  or  a  city  contract  designed  for  the 
city  at  large,  operates  throughout  its  boundaries  whatever  their  change:  Gaslight 
Co.  vs.  St.  Louis.  46  Mo.  121.  See  also  P.lair  v.s.  Chii^ago,  201  U.  S.  1.  c.  4S8-4S9, 
(Chicago   Traction   Company    case). 

As  to  right  of  the  state  to  determine  the  territorial  limits  of  a  municipality  and 
alter  or  abrogate  same  see  St.  Louis  vs.  Russell,  9  Mo.  503.  507;  McCormick  vs. 
Railway.  20  Mo.  App.  640  and  cases  cited:  Forsythe  vs.  Hammond,  166  U.  S.  506; 
Graham  vs.  Folsom,  200  U.  S.  248. 

Sec.  3.  Ward  boumlarie.s.* — The  City  of  St.  Limis  shall  be  divided 
into  tweuty-eijj:ht  wards,  the  boundaries  of  whicli  .shall  be  as  follows: 

First  Ward — Beginning  at  a  point  in  the  middle  of  the  main  channel 
of  the  Mississippi  River  opposite  the  north  line  of  the  present  city  limits; 
thence  in  a  direct  line  to  the  north  boundary  of  the  City  of  St.  Louis; 
thence  in  a  westerly  and  southwesterly  direction  with  the  city  limits  to  the 
Wabash  Railway;  with  the  Wabash  Railway  to  Broadway,  with  Broadway 
to  Calvary  avenue,  with  Calvary  avenue  to  Florissant  avenue,  with  Flor- 
issant avenue  to  Euclid  avenue,  with  Euclid  avenue  to  Xalural  Bridge  road, 
with  Natural  Bridge  road-  to  Marcus  avenue,  with  Marcus  avenue  to  St. 
Louis  avenue,  with  St.  Louis  avenue  to  Kewstead  avenue,  with  Newstead 
avenue  to  Ashland  avenue,  with  Ashland  avenue  to  <^lay  avenue,  with  Clay 
avenu(>  to  X'atural  Bridge  road,  with  Natural  Bridge  road  to  Fair  avenue, 
with  Fair  a\ciiue  to  (\arter  av<'nue.  wilh  Carter  avenue  to  Adelaide  avenue, 
with  Adelaide  avenue  to  Florissant  avenue,  with  Florissant  avenue  to 
^Varne  avenue,  with  AVariie  avenue  to  ("arler  avenue,  with  Carter  avenue 
to  Obear  aNcnue,  with  Obear  avenue  to  Florissant  avenue,  with  Florissant 
ii venue  to  Ferry  street,  with  Ferry  street  to  Eleventh  street,  with  Eleventh 
street  to  Angelica  street,  with  Angelica  street  and  Angelica  street  extended 
to  the  middle  of  the  main  channel  of  the  IMississipjti  River,  up  the  middle 
of  the  main  channel  of  the  river  to  the  place  of  beginning. 

*These    are    the    present    ward    boundaries:      See    note    at    end    of    this    section. 


A1:T     I.   Set-.   3.1  CHARTKK   OK   TM  K   CITV    OI"   ST.    LOUIS.  297 

Siiiiittl  W'unI — Hejjimiiiii:  ;ii  :i  |ioliii  in  tlio  middle  of  ilic  main  chaiiiiel 
id"  tin-  Mis.sissipjii  Hivcr  (iii|iii.>;ito  foot  of  Aiificlifa  sirt'cl;  tliciicc  in  a  direct 
line  to  and  with  Ani;elita  street  to  iJlair  avenne.  willi  Blair  avenue  Id 
Salislmrv  slreel.  willi  Salislmi-v  street  to  Nineteentii  sti-eet.  witli  Nine 
t(>entli  sti-eet  to  lleliert  stivel,  with  Ileliert  street  lo  Klevenlli  stre<'t,  with 
IClevenlh  siitH-t  to  Mailison  street,  with  Madison  street  to  Ulair  avenne. 
witli  Hlair  avenne  to  Chainbeis  street,  with  L'hanihers  street  lo  Thirteenth 
slrwt.  Willi  Thirteenth  slri>ot  to  Tvler  street,  with  Tvler  stret^t  to  l-^leventli 
street,  with  I'Jeveiilli  street  to  IJrooklyn  street,  with  Hrooklyn  street  and 
r.ruokl.vn  street  e.Mendeii  lo  the  middle  of  the  main  channel  of  the  Mis- 
sissippi K'iver.  lip  the  middle  cit  llic  main  cliaiitici  to  place  of  Ite^Mnninj;. 

Tliiiil  Wiiril — Ke^inniii^  al  a  point  in  llie  middle  <^[  the  main  channel 
of  the  .Mississip]d  KiM'r  ojiposite  foot  of  Hrooklyn  street;  thence  in  a  direct 
line  to  ami  witli  Brooklyn  street  to  Eleventh  street,  with  Eleventh  street 
to  Cass  avenne.  with  I'ass  avenue  to  lilair  avenue,  with  IMair  avenue  to 
oTallon  slrtH't.  with  O'Falhm  street  to  Thirteenth  street,  with  Tliirteenth 
street  to  Carr  slreel.  with  Carr  street  to  Eleventh  street,  with  ICIeventh 
street  lo  Wash  street,  with  Wash  street  to  Third  street,  with  Third  street 
to  Carr  street,  with  l^arr  street  and  Carr  street  extended  to  the  middle  of 
the  main  channel  of  the  Mississippi  River,  nj)  the  middle  of  the  main 
channel  to  [>lacc  of  heiiinnini;. 

Fourth  Want- — Bej^inninji  in  the  miildle  of  the  main  channel  of  the 
Mississippi  Kiver.  oi>i>osile  Carr  street,  thence  with  C'arr  street  to  Third 
street,  with  Third  street  to  Wash  street,  with  ^Yash  street  to  Eleventh 
street,  with  I^leventh  street  to  Morgan  street,  with  Morjian  street  to 
Twelfth  street,  with  Twelfth  street  to  Gay  street,  with  (Jay  street  to  Thir 
teenih  slreel.  with  Thirteenth  street  to  Lucas  avenne.  with  Lucas  avenue 
to  SiMeenth  street,  with  Sixteenth  street  to  Franklin  avenue,  with  Frank- 
lin avenue  to  l-i};hleenth  street,  with  Eig;hteenth  street  to  Lucas  avenue, 
with  Lucas  avenue  to  Seventeenth  street,  with  Seventeenth  street  to  Pine 
street,  with  Fine  street  to  I'Tfteenth  street,  with  Fifteenth  street  to  Locust 
strti't.  with  J.,ocust  street  to  Fourteenth  street,  with  Fourteenth  street  to 
St.  Charles  street,  with  St.  Cliarles  street  to  Thirteenth  street,  with  Thir- 
teenth street  to  Market  street,  with  >Laiket  street  to  Twelfth  street,  with 
Twelfth  street  to  Fine  street,  with  Fine  street  to  Seventh  street,  with 
Seventh  street  to  Market  street,  with  Market  street  to  the  middle  of  the 
main  eliannel  of  the  Mi.«!sissii>|)i  Kiver.  up  the  main  channel  of  the  Mis 
sissippi  Kiver  to  liie  place  of  lie<;iiinintr. 

I'iflli  W  <iiil — Keginnin;:  al  a  iioint  in  the  middle  of  the  channeJ  of  the 
.Mississippi  Kiver.  opposite  Market  street,  thence  in  a  direct  line  and  with 
Marki't  street  lo  Seventh  street,  with  Seventh  street  to  Fine  street,  with 
Fine  sirei't  lo  Twelfth  street,  with  Twelfth  street  to  Market  street,  with 
Market  street  to  Thirteenth  street,  with  Thirteenth  street  to  St.  Charles 
street,  with  SI.  Charles  street  to  Fourteenth  street,  with  Fourteenth  street 
to  Locust  street,  witli  Locust  street  to  FiftiH-nth  street,  with  FiftetMith 
strict  to  Fine  street,  with  Fine  street  to  Fourteenth  striH't.  with  Fourteenth 
street  to  Clark  avenne.  with  Clark  avenue  lo  Sixteenth  str«M>t.  with  Six- 
le<-ntli  street  to  Missouri  Pacific  Kailroail.  with  Miss(Miri  Pacific  Kailroad 
and  c.Tic  slre«-l  to  Fourth  stiii-t.  with  Fourth  street  to  Plum  street,  with 
Plum  street  and  Plum  slre<-t  extended  lo  the  midille  of  the  main  channel 
of  the  Mississippi  l»i\er.  up  the  miildli'  of  the  main  channel  to  the  place  of 
hejjinnin;;. 


298  CHARTER   OF   THE    CITY    OF   ST.    LOUIS.  [ART.    I.   Sec.    3. 

Sixth  Wind — I{p<;iiiniiij!;  at  a  jioiut  in  tlic  middle  of  the  main  channel 
of  the  Mississippi  Kivci-  oipposite  foot  of  IMum  street;  thence  in  a  direct 
line  to  and  with  IMuiii  street  to  Fourth  street,  with  Fourth  street  to  Cerre 
street,  with  Cerre  street  and  the  Missouri  Pacific  Railway  to  Twenty-second 
street,  with  Twenty-second  street  to  Chouteau  avenue,  with  Chouteau  ave- 
nue to  Grattan  street,  with  (irattan  street  to  Park  avenue,  with  Park 
avenue  to  Thirteenth  sti'ecl.  with  ThirteeJith  street  to  Kutjier  street,  with 
Kutf^er  street  and  Kut^'i-  street  extended  to  the  middle  of  rhe  main  chan- 
nel of  the  Mississi]ipi  Iiixcr.  ii]>  the  middle  of  the  main  cliaimel  to  the 
place  of  beginning. 

Scrrnlh  Wdid — Heiiiiiiiiiii!:  at  a  jioiiit  in  the  middle  of  the  main  chan 
uel  of  the  Mississi|i))i  Kiver,  (ijpj)osite  the  foot  of  Rutjier  street;  thence  in  a 
direct  line  to  and  with  Rutger  street  to  Thirteenth  sti-eet.  with  Thirteenth 
street  to  Park  avenue,  \\ith  Park  avenue  to  Dolman  street,  with  Dolman 
street  to  liafayette  avenue,  with  Lafayette  avenue  to  Fourteenth  street, 
with  Fourteenth  street  to  Oeyer  avenue,  with  Geyer  avenue  to  Eleventh 
street,  with  Eleventh  sticct  to  Lafayette  avenue,  with  Lafayette  avenue  to 
Broadway,  with  Broadway  to  Lesperance  street,  with  Lesperance  street 
to  Second  street,  with  Second  sti-eet  to  North  Trudeau  street,  with  North 
Trudean  street,  Trudeau  street  and  Trudeau  street  extended  to  the  middle 
of  the  main  channel  of  the  Mississippi  Rivei',  up  .the  middle  of  the  main 
channel  to  the  jiJai'c  of  hfjiinninji'.  ^ 

Eighth  Wind — Bejiiiiiiini^  at  a  jioiiit  in  the  middle  of  the  main  channel 
of  the  ilississijipi  River  opjiosite  of  Trudeau  sti-eet,  thence  in  a  direct  line 
to  and  with  Trudeau  street  and  North  Trudeau  street  to  Second  street, 
with  Second  street  to  Lesperam-e  street,  with  Lesperance  street  to  Broad- 
way, with  Broadway  to  l>afayette  avenue,  with  Lafayette  avenue  to  Elev- 
enth street,  with  Eleventh  street  to  Victor  street,  with  Victor  street  to 
Twelfth  street,  with  Twelfth  street  to  Lynch  street,  with  Lynch  street  to 
Thirteenth  street,  with  Thirteenth  street  to  Pestalozzi  street,  with  Pes- 
talozzi  street  to  Ninth  street,  with  Ninth  street  to  Dorcas  street,  with 
Dorcas  street  to  Broadway,  with  Broadway  to  Victor  street,  with  Victor 
street  and  \'ictor  street  extended  to  the  middle  of  the  main  channel  of  tho 
Mississippi  River,  up  tlie  middle  of  the  main  channel  to  the  place  of 
beginning.  \y' 

Ninlli  Ward — Beginiiiiin  at  a  point  in  the  middle  of  the  main  channel 
of  the  Mississi[)pi  River,  opjiosite  foot  of  Victor  street,  thence  in  a  direct 
line  to  and  with  \'ictor  street  to  Broadway,  with  Broadway  to  Dorcas 
street,  with  Dorcas  street  to  Ninth  street,  with  Ninth  str(>et  to  I'estalozzi 
street,  with  I'estalozzi  street  to  Thirteenth  street,  with  Thirteenth  street 
to  Lynch  street,  with  Lynch  street  to  Jetferson  avenue,  with  .letferson  ave- 
nue to  Miami  street,  with  Miami  street  to  Broadway,  with  Broadway  to 
Potomac  street,  with  Potomac  street  and  Potomac  street  extended  to  the 
middU>  of  the  main  channel  of  the  ]\Iississipi)i  River,  uji  the  middle  of  the 
main  channel  to  the  j)lace  of  beginning. 

Tiiith  Wind  Beginning  at  a  iroini  in  the  middle  of  the  main  channel 
of  the  Mississi](pi  River  opi)osile  foot  of  I'otomac  street,  thence  in  a  direct 
line  to  and  with  Potomac  street  to  Broadway,  with  Broadway  to  Miami 
street,  with  Miami  street  to  JetTerson  avenue,  with  .lelTerson  avenue  to 
Gravois  axcnue,  with  Gravois  avenue  to  Magnolia  a\enue.  with  Magnolia 
avenue  to  Pennsylvania  avenue,  with  Pennsylvania  avenue  to  Arsenal 
sti-eet.  with  Arsenal  street   to  <;rand  avtMiue.  with  Grand  avenue  to  Osceola 


ART.    I.  S.-o.   3.1  CHAi:Ti;rj   OK  Till'.  CITY   OF   ST.    LOUIS.  299 

StlTcl.    Willi    (Isrrol:!    .sllccI      Mini     (  l.-<(('i)l;l     slri'i'I    t'X  IcIkIimI     I<i    I  lie    Iiiiijillc    (if 

tilt-  iiiiiiii  ('li:iiiii<-l  III   llir  .M  is.sissi|i|ii   IkiMT.  up  liic  iniililli'  of  ilic  iiiaiii  ilian 
licl   III  the  |il;ii-('  (>r  lH';;iiiliilij;. 

KIcnnth  W'linl  l>t'j;iiiiiiii<i  ;il  a  |ioiiil  in  ilic  iiiuliili-  ul  tiic  main  cliaii- 
iH'l  (if  tlie  Mi.><sissi|i|ii  Kivcr  (i]ipositi'  loot  of  Osceola  street;  theme  in  a 
direct  line  to  ami  willi  Osceola  slreet  to  (Jraml  avenue,  with  <;ran(l  avenue 
to  (iravois  avenue,  wilh  (iravois  avenue  to  i;icliellier>;er  sired,  with  ICicliel- 
lier^'er  slrcel  ami  i;icliellier<;er  street  exlemicil  in  weslcrn  cit.v  liinils,  with 
weslrrn  ami  sniiihcrii  cii\  limils  in  liie  midilic  nf  I  he  main  channel  of  the 
M  ississi|i|ii  Uixcr.  n|>  Ilic  miiUlIc  of  liic  main  cliannci  uf  the  river  In  the 
]ilace  ol'  hejjinninj;. 


...,ii  ...,,...^..n  avenue  lo  L.vnch  strcH't,  witli  I.vnch  streel  to  'Pwelflh  street, 
wiih  Twcirih  street  to  \'icior  sli-eet.  wilh  Victor  slreet  to  lOleventli  street, 
willi  I'.lcvcnili  sirei>t  to  <Je\er  avenue,  with  tiever  avenue  to  Fnurleenth 
sli'ift.   with    I'niirlcciilli  SllccI    In   I.afavetle  a\ciiiic.   ihc  jilacc  of  l)c<;iiinin;i. 

Tliirtrcnth  Wunl — IJe^inninir  at  inter.seclioii  of  (!ra(lan  streel  ami 
t'hnulcaii  avenue:  thence  with  ('hnuteaii  avenue  to  TwenI y-secoml  street, 
with  'l'«cntv  second  street  to  .Missmiri  Pacific  IJailwav,  with  Missouri  Pa- 
cilic  Hailwav  In  Wcsl  .lell'crsoii  avenue,  with  West  JellVrson  avenu(>  to 
t'hoiiteau  avemie,  with  Chouteau  avenue  to  (Joinjiton  avenue,  with  (I'oinpton 
avenue  to  Hnl};er  street,  with  l{ut<;er  street  to  Montrose  avenue,  with  Mont- 
rnsc  a\cnue  to  I'ark  a\eniie.  witli  Pai'k  avenue  to  I'e'iinsylvania  avenue, 
with  Pcnii.sylvania  avenue  In  Lafayette  avenue,  wilh  Lafayette  axeniie  to 
<  >re;:nn  a\ciiue.  with  Orei;nn  avenue  In  liussel!  ;i\cinie.  wilh  Uiis.sell  avenue 
In  (ihin  avenue,  with  (>hin  a\eiiue  In  .\nn  avi-nuc.  wilh  .\nn  avenue  to 
■lelVerson.  avenue,  with  .letVerson  aviMiue  to  Lafayette  avenue,  witli  Lafay- 
ette avenue  lo  Oolman  strtn't.  with  l>olnian  street  to  Park  avenue,  with 
Park  avenue  lo  <!rattan  strcH-t.  with  <!iatlan  street  to  Chouteau  avenue, 
the  )ilaci>  of  licijjinnini:. 

Fniiitiriilh  W'liril — P>e^innin<;  at  intersection  nf  I'ourleeiith  street  and 
Pine  streel;  thenci-  with  Pine  slreet  to  P>eaiimoiit  street,  with  Heanmont 
slreet  to  Laclede  avenue,  wilh  Laclede  avenue  In  I'.winji  avenue,  wilh  l',wing 
avenue  to  Hernard  street,  with  I'ernard  street  to  .lelVerson  avenue,  with 
•lelTerson  avenue  and  West  .lefferson  avenue  to  .Missouri  Pacific  Railway, 
with  Missouri  I'acific  H.iilway  to  Sixteenth  street,  with  Sixteenth  street  to 
Clark  avenue,  with  Clark  avenue  to  Kourleeiilh  street,  with  I'mirteenth 
street   In  Pine  slreet.  Ihe  place  of  iH'fiinnin;;. 

I'iftrintli  W'liril — l!e;;inniiig  at  the  intersect  inn  of  lOlevenlh  slreet  and 
Can-  street;  thence  with  Carr  street  to  Thirteenth  street,  with  Thirteenth 
street  to  O'Fallon  slre<'l.  with  O'FalInn  streel  In  Fniirteenlh  sti-eet.  with 
Fourteenth  slreet  lo  ISiddle  sIriH't,  with  Middle  street  to  Sixteenth  stre«'t, 
with  Sixte<>nth  .street  to  Carr  strwt,  with  Carr  stnn't  to  Twenty -second 
street,  with  TweiiM'  second  street  to  Pine  street,  with    Pine  street    lo  Seven 


300  CHARTER   OF   TH  R   CITY    OF   ST.    LOUIS.  [ART.   I.   Sec.   3. 

teentli  stict-i.  with  Seventeenth  .street  to  Lucas  avenue,  with  Lueas  avenue 
to  Eighteenth  street,  with  Kighteeutli  street  to  Franklin  avenue,  with  Frank- 
lin avenue  to  Sixteenth  street,  with  Sixteenth  street  to  Lucas  avenue,  with 
Lucas  avenue  to  Thirteenth  street,  with  Thirteenth  street  to  Gay  street, 
with  Gay  street  to  Twelfth  street,  with  Twelfth  street  to  Morgan  street, 
with  .Moi-gan  street  to  Ehnenth  street,  with  Eleventh  street  to  ('arr  street 
to  the  ]ila(('  of  beginning. 

Sixtecntli  Ward — Beginning  at  intersection  of  Eleventh  and  Tyler 
streets;  thence  with  Tyler  street  to  Thirteenth  street,  with  Thirteenth 
street  to  Chambers  street;  thence  with  Chambers  street  to  Blair  avenue, 
with  Blair  avenue  to  JIadison  street,  with  Madison  street  to  Fifteenth 
street,  with  Fifteenth  street  to  Chambers  street,  with  Chambers  street  to 
Sixteenth  street,  with  Sixteenth  street  to  Mullanphy  street,  with  Mullan])hy 
street  to  Ilogan  street,  with  Hogau  street  to  ("ass  avenue,  with  Cass  avenue 
to  Jeti'erson  avenue,  with  Jett'erson  avenue  to  Carr  street,  with  Carr  street 
to  Sixteenth  street,  with  Sixteenth  street  to  Biddle  street,  with  Biddle 
street  to  Fourteenth  street,  with  Fourteenth  street  to  O'Fallon  street,  with 
O'Fallon  street  to  Blair  avenue,  with  Blair  avenue  to  Cass  avenue,  with 
Cass  avenue  to  Eleventh  street,  with  Eleventh  street  to  Tyler  street,  the 
place  of  beginning. 

Sei-oitcenth  Ward — Beginning  at  intersection  of  Twenty  second  and 
Hebert  streets;  thence  with  Hebert  street  to  Florissant  avenue,  with  Flor- 
issant avenue  to  Farrar  street,  with  Farrar  street  to  Glasgow  avenue,  with 
Glasgow  avenue  to  Hebert  street,  with  Hebert  street  to  Jefferson  avenue, 
with  Jefferson  avenue  to  Cass  avenue,  with  Cass  avenue  to  Hogan  street, 
with  Hogan  street  to  Maiden  Lane,  with  Maiden  Lane  to  Nineteenth 
street,  with  Nineteenth  street  to  Benton  street,  with  Benton  street  to 
Twenty-second  street,  with  Twenty-second  street  to  Hebert  street,  to  the 
place  of  beginning. 

Elghtccnlh  llV/rc/ — Beginning  at  inter.section  of  Eleventh  and  Hebert 
streets;  thence  with  Hebert  street  to  Twenty -second  street,  witli  Twenty- 
second  street  to  Benton  street,  with  Benton  street  to  Nineteenth  street, 
with  Nineteenth  street  to  JIaiden  Lane,  with  Maiden  Lane  to  Hogan  street, 
with  Hogau  street  to  ilullaujihy  street,  with  Mullanphy  street  to  Sixteenth 
street,  with  Sixteenth  street  to  Chambers  street,  with  Chambers  street  to 
Fifteenth  street,  with  Fifteenth  street  to  iladison  street,  with  Madison 
street  to  Eleventh  sti-eet.  with  Eleventh  strecM  to  Hebert  street,  the  place  of 
beginning. 

Xhictcriilli  Ward — Itegiiiniiig  at  iiilersecl  ion  of  l^leventh  street  and 
Ferry  street ;  thence  with  Ferry  street  to  Florissant  avenue,  with  P'loris- 
sant  avenue  to  Oliear  avenue,  with  Obear  avenue  to  Carter  avenue,  with 
Carter  avenue  to  Warne  avenue,  with  Warne  avenue  to  Florissant  avenue, 
with  Florissant  avenue  to  Adelaide  avenue,  with  Adelaide  avenue  to  Carter 
aventie,  with  Carter  avenue  to  l-'air  avenue,  with  Fair  avenue  to  Natural 
Bridge  road,  willi  Natural  I'.ridge  road  to  Clay  avenue,  with  Clay  avenue 
to  Ashlan<l  avenue,  with  Ashland  avenue  to  Sarah  street,  with  Sarah  street 
to  St.  Louis  avenue,  with  St.  Louis  avenue  lo  . Jefferson  avenue,  with  Jeffer- 
son avenue  to  Hebert  street,  with  Hebert  street  to  Glasgow  avenue,  with 
(ilasgow  avenue  to  Farrar  street,  with  Farrar  street  to  Florissant  avenue, 
with  Florissant  avenue  to  Hebert  street,  with  Hebert  street  to  Nineteenth 
street,  with  Nineteenth  street  to  Salisbury  street,  with  Salisbury  street  to 
Blair  avenue,  with  Blair  avenue  to  Angelica  street,  with  Angelica  street  to 
Eleventh  street,  with  Eleventh  street  to  Ferry  street,  to  place  of  beginning. 


Aljr.  l.sec.  3.1  CHAUTER  OF  THU;  CITY   OF  ST    LOUIS.  301 

Tucntivth  Wuril — Hofiiniiiujr  at  intersection  of  .IclVcrstni  iivcinif  and 
St.  Louis  avenue;  tlience  willi  St.  Lonis  avenue  to  Coieinan  slieel.  with 
Coleman  street  to  Maj;a/.ini'  si  feet,  wiiii  .Maj;a/ine  stivet  to  Wei)stei-  avenue, 
with  Welistei-  avenue  to  lOasion  a\enue.  witli  lOaston  avenue  to  I'.winj;  ave- 
nue, with  K\vin>;-  avenue  to  l.ucas  avenue,  witli  Lueas  avenue  lo  Keauniont 
sti-eet.  witli  IJeauiuont  slreel  to  Franklin  avenue,  with  I'l-anklin  avenue  to 
-lelVei'soii  avenue,  with  .letVerson  avenue  to  St.  I.,(>uis  avenue,  the  jilaee  of 
l>i'i;innin;;. 

Tircnti/first  ir«rf/ — Bejiinninji  at  intersection  of  Hwinj;  and  lOaslon 
avenues:  llience  with  l^aston  avenue  to  Webster  avenue,  with  Webster 
a\enne  to  .Maj;a/.ine  street,  with  Ma-iazine  street  to  Coleiuan  street,  witli 
(olenian  sti'cet  to  St.  Louis  avenue,  with  SI.  Louis  avenue  lo  S])rin<;  ave- 
nue. Willi  S|U-iiij;  avenue  to  Cozens  avenue,  willi  Cozens  avenue  to  I'rairie 
axeiiue.  with  I'rairie  avenue  l«>  I'vans  avenne,  with  lOvaus  avenue  to  \'an- 
devenii-r  avenue,  with  \andeventer  avenue  to  Delinar  boulevard,  with  Del- 
mar  boulevard  to  (Jrand  avenue,  with  Cirand  avenue  to  Lucas  avenue,  with 
Lucas  avenue  to  l%wini;  avenue,  with  I'.win^^  axcnue  to  I'.aston  avenue,  the 
|ilace  of  bej,'inninii. 

I'iriuti/scroiKl  ]\'(ird — lieginniii^  at  intersection  of  'rweiity-second  and 
('arr  streets;  thence  with  Carr  street  to  JetVerson  a\iMiiie.  with  .lelVerscui 
.iveiiue  to  Franklin  avenue,  with  Franklin  avenue  to  Meaumonl  street,  with 
I'.eaumonl  street  to  Lucas  avenue,  with  Lucas  avenue  to  (Jrand  avenue, 
with  (Jrand  avenue  to  Laclede  avenne.  with  Laclede  avenue  to  Ileaumont 
.strtH^t.  with  Uoaiunoiit  stnH't  to  Pine  street,  with  Line  street  to  Twenty 
second  stfH't.  with  Tw<>nt.v  second  street  to  Carr  .stretM.  the  place  of  be- 
uinninj;. 

'rirriiti/tliiril  llr/n/ — Hefiinniiii;  al  inlerseci  ion  of  llwiui:  ami  Laclede 
avenues:  tlience  with  Laclede  avenne  in  \'aii(le\('nier  avenue,  with  X'ande- 
M'liler  .•iveniie  to  Manchester  aveinie,  willi  .Mamliester  a\('niie  lo  I'apiu 
sireet.  with  l'a|iin  street  to  Missouri  I'acilic  IJailway.  with  .Missouri  I'acilic 
Railway  to  Tower  drove  avenue,  with  Tower  lirove  avenue  to  Folsoin  ave- 
nue, with  Folsoin  avenue  to  Grand  avenue,  with  (Jrand  avenue  to  Lafayette 
avenue,  witli  I.,afayette  avenue  to  Pennsylvania  avenne.  with  Pennsylvania 
avenue  lo  Park  avenue,  with  Park  aveniu'  to  Jlontrose  avenne.  with  Mont- 
rose avenue  to  Hut>;er  street,  with  IJntjier  street  to  Conipton  avenue,  with 
('onipton  avenue  lo  Chouteau  a\cniie.  with  Chouteau  avenue  lo  \\'est  .lelVer- 
son  avenue,  with  West  .lellerson  aM'iiue  and  .lelVerson  avenue  to  IJernard 
street,  with  Uernard  slre<'t  to  l",\\in.i:  avenue,  with  i;wini;  axcniie  In  Laclede 
avenue,  the  jdace  of  befiinnin;;. 


boulevard  to  south  line  of  Forest  Park,  with  .south  lino  of  I-orest  Park  to 
Skinker  road,  with  Skinker  road  to  Clayton  avenue,  with  ("laytiui  avenne  to 
Western  city  limits,  with  westt.-rn  city  limits  in  a  southerly  direction,  lo  a 
point  where  l",iehelberj;er  street  exlende<j  would  illterseil  the  eily  limits, 
with  I'iclielberj.'er  sti-eet  extended  and  l'iclielberi;er  sireet  to  (Jravois  ave- 
nue, with  (Jravois  avenue  to  (Jrand  avenne.  willi  (Jrand  avenue  to  Folsom 
avenue,  the  nlace  of  lieirinnini:. 


avenue,  the  place  of  l)e};iiiiiin} 


302  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  [ART.    I,    Sec.    3. 

Ticcnlij  fifth  Wdrd — Beginning  at  intersection  of  Grand  avenue  and 
Delmar  boulevard ;  thence  with  Delmar  boulevard  to  Yandeventer  avenue, 
with  Yandeventer  avenue  to  Cook  avenue,  with  Cook  avenue  to  Pendleton 
avenue,  with  Pendleton  avenue  to  Fairfax  avenue,  with  Fairfax  avenue  to 
AVhittier  street,  with  AVhittier  street  to  Olive  street,  with  Olive  street  to 
P>o.vle  avenue,  with  Bovle  avenue  to  Lindell  boulevard,  witii  I^indell  boule- 
vai-(l  to  >'ewstead  avenue,  with  Newstead  aveinie  to  Forest  Park  boulevard, 
with  Forest  I'ark  boulevard  to  Boyle  avenue,  with  Boyle  avenue  to  Chou- 
teau avenue,  with  Chouteau  avenue  to  Newstead  avenue,  with  Newstead 
avenue,  ott'.set  on  Manchester  avenue  to  Swan  avenue,  with  Swan  avenue  to 
Tower  Grove  avenue,  with  Tower  Grove  avenue  to  Norfolk  avenue,  with 
Norfolk  avenue  to  Boyle  avenue,  with  Boyle  avenue  to  Old  Manchester 
road,  with  Old  Manchester  road  to  Missouri  I'aciflc  Railway,  with  Missouri 
Pacific  Railway  to  Papin  street,  with  Papin  street  to  Manchester  avenue, 
with  Manchester  avenue  to  Yandeventer  avenue,  with  Yandeventer  avenue 
to  Laclede  avenue,  with  Laclede  avenue  to  (irand  avenue,  with  Grand  ave- 
nue to  lielinar  boulevaid.  the  place  of  beginning. 

Twenty-sixth  Ward — Beginning  at  intersection  of  St.  Louis  and  Spring 
avenues;  thence  with  St.  Louis  avenue  to  Sarah  street,  with  Sarah  street 
to  Ashland  avenue,  with  Ashland  avenue  to  Newstead  avenue,  with  New- 
stead  avenue  to  St.  Louis  avenue,  with  St.  ]x)uis  avenue  to  Pendleton  ave- 
nue, with  Pendleton  avenue  to  Kennerly  avenue,  with  Kennerly  avenue  to 
Marcus  avenue,  with  Marcus  avenue  to  Garfield  avenue,  with  Garfield  ave- 
nue to  Taylor  avenue,  with  Taylor  avenue  to  Cook  avenue,  with  Cook  ave- 
nue to  Yandeventer  avenue,  with  Yandeventer  avenue  to  Evans  avenue, 
with  Evans  avenue  to  Prairie  avenue,  with  Prairie  avenue  to  Cozens  avenue, 
with  Cozens  avenue  to  Spring  avenue,  with  Spring  avenue  to  St.  Louis 
avenue,  the  jtlace  of  beginning. 

Ticciity-scvcnth  ^V(i)■^l — Beginning  at  intersection  of  Pendleton  and  St. 
Louis  avenues;  thence  with  St.  Louis  avenue  to  Marcus  avenue,  with  Mar- 
cus avenue  to  Natural  Bridge  road,  with  Natural  Bridge  road  to  Euclid 
avenue,  ivith  Euclid  avenue  to  Florissant  avenue,  with  Florissant  avenue  to 
Calvary  avenue,  with  Calvar\-  avenue  to  Broadway,  with  Broadway  to 
\\'abash  Railway,  with  Wabash  Railway  to  western  city  limits,  with  west- 
ern city  limits  to  Page  boulevard,  with  Page  boulevard  to  Taylor  avenue, 
with  Ta.^-lor  avenue  to  Garfield  avenue,  with  Garfield  avenue  to  ^Marcus 
avenue,  with  Marcus  avenue  to  Kennerly  avenue,  with  Kennerly  avenue  to 
Pendleton  avenue,  with  Pendlettm  avenue  to  St.  Louis  avenue,  the  place  of 
beginning. 

Tvcnty-rifilith  Maid — Beginning  at  intersection  of  Pendleton  and  Cook 
avenues;  thence  with  Cook  avenue  to  Taylor  avenue,  with  Taylor  avenue  to 
Page  boulevard,  with  Page  boulevard  to  western  city  limits,  with  western 
city  limits  to  ("layton  avenue,  with  Clayton  avenue  to  Skinker  road,  with 
Skinker  road  to  southwest  corner  of  Forest  Park,  with  south  line  of  Forest 
Park  to  King's  Highway  boulevard,  with  King's  Tlighwa.T  boulevard  to 
Missouri  I'acific  Railway,  with  Missouri  I'acific  Railway  to  Newstea<l  ave- 
nue, with  Newstead  avenue  to  Chouteau  avenue,  with  <"houteau  avenue  to 
Moyle  avenue,  with  Boyle  avenue  to  Forest  I'ark  boulevard,  with  Forest 
Park  boulevard  to  Newstead  avenue,  with  Newstead  avenue  to  Lindell 
boulevard,  with  Lindell   boulevard  to  Bovle  aveutie.  with   Bovle  avenue  to 


ART.    II.    isec.    1.)  CHAHTKR  OK  THK  CITY  OV  ST    I.OIMS.  303 

Olive  sli-(4't,  «ilti  (Mivc  sircci  Hi  \\hilli('r  sirccr.  willi  Wliilticr  s(rcrl  to 
F'airfax  avfiiiic  witli  Fairfax  avi-nuf  tu  I'ciiillciini  avfinie,  with  rt'iidU'toii 
avomii'  to  <'0(ik  avt'imc.  tlic  iilan-  of  ln-f;itiiiiiij;. 

Noli:  - 1 II  iIh'  al)o\c  ward  dcsi  ri|il  ions  w  lit'i'O  strcolN  and  avciiiK's  :\ro 
named,  it  is  understood  to  he  tlie  center  of  eacli  street  or  nvenue.  and  wliere 
railroads  are  named,  it  is  nnderslood  to  l)e  tlie  center  of  the  main  track. 

The  wnnl  lioiinUiirits  liir.>  biviii  Wfic  psialilislioil  by  ord.  I92S9  (approved  March 
28.  1898)  under  the  provisions  of  the  next  section  of  this  article,  and  are  those 
.still  In  force,  but  a  bill  to  chanKc  them  Is  now  pcndlnB.  See  the  original  ward 
boundaries  set  out  In  Rev.  Ord.  ISXI.  pp.  inS-lH;  and  as  to  subsequent  changes. 
•<•■<■  McQulllin  Amen.  Chart.,  p.  166.  note  c.  The  original  boundaries  were  changed 
by  conniilssloner's  report,  approved  Feb.  11.  1S87  (pursuant  to  Laws  1885,  p.  72); 
then  by  ord.  166G2.  approved  April  22.  1S!I2;  then  by  ord.  192S9,  approved  March 
28.   189S. 

"The  courts  are  authorized  to  take  notice,  without  proof,  that  Arsenal  street 
Is  In  a  distant  southern  part  of  St.  Ixiuls.  by  reason  of  the  language  of  the  charter  of 
that  city.  In  which  It  Is  expressly  named  as  one  of  the  ward  boundaries": 
rer  Barclay.  Walsh  vs.  Ry..  102  Mo.  1.  e.  589. 

Sec.  4.  Corroftioii  ofl  wjinl  liniils  an<l  ixTinaiKMit 
division  lint's.  —  The  Munieiiial  Assemldy  shall,  everv  live  years 
after  the  a<lo|.tion  of  this  t'liartei-.  establish  correeted  ward  limits, 
wliicli  correction  shall  he  made  as  near  as  praclicalde  so  as  to  e<iualize  the 
uiimher  of  re;;islered  voters  in  each  ward;  lint  in  makin;^  the  division  the 
lireseiif  eastern  aud  western  boiinthiries  of  wards  a«  herein  established 
shall  III'  retained,  so  that  Kosatti,  Twelfth  and  lOleventli  streets.  .lelTersnn 
avenue  and   the  [ireseiit  city  limits  shall  remain  division  lines. 

See  note  to  preceding  section. 


ARTK'LK   II. 

KLECTIOX  ASH  RECilSTRATIUN. 

SKCTION. 

I.    General  election  for  city  omcerg. 

Section  i.  A  {jeneral  election  of  all  elective  officers  required  by  this 
Charter  or  by  any  ordinance  of  this  city  shall  lie  held  on  (lie  first  Tuesday 
in  April.  1.^77.  and  every  four  years  thereafter,  e.xceiit  as  otherwise  pro 
vided  in  this  Charter  and  the  Scheme. 


.See  also  Charter,  .\rt.  III.  Sec.  26.  Clause  8.  All  the  original  charter  provisions 
(except  above)  were  superseded  by  the  state  statutes,  which  now  control  elec- 
tions. The  charter  provisions  are  therefore  omitted  here.  These  election  laws 
ore  set  forth  hereinbefore  under  "Laws  Specially  Applicable  to  St.  Loul*." 
Chapter  9.  ante  pp.  124-156.  The  present  law  has  be^-n  sustained  by  the  courts. 
See  notfs  to  said  reference  and  cases  th«-re  clt»'d.  For  a  history  of  election  laws 
relating  to  St.   Louis  see  McQull.  Amended  Charter,  p.    179,  note. 


:504 


CHARTER  OF  THK  CITY  OF  ST.   LOUIS. 


[ART.    III. 


ARTICLE  III. 


LEGISLATIVE  DEPARTMENT. 


SECTION 

1.  Municipal    Assembly    to    consist   o£    two 

Houses. 
MEMBERS  OF  MUNICIPAL  ASSEMBLY— 
ORGANIZATION  AND  SESSIONS. 

2.  Council  composed  of  13  niembers.  qual- 

ifications,  etc. 

3.  Terms  of  members  of  first  Council;   tie 

vote;  one-half  of  Council  to  be  elect- 
ed  biennially. 

4.  House   of   Delegates   elected   every    two 

years. 

5.  Qualifications  of  members  of  House  of 

Delegates. 

6.  Additional    qualifications    for    members 

of   Assembly;    oath   of   members,    etc. 

7.  Vacancies  in  Assembly,  how  filled. 

S.  Each  House  to  appoint  its  own  officers 
and  be  judge  of  the  election,  etc., 
of  its  own  members;  tie  vote;  may 
punish  for  contempt;  president  of 
Council  elected  every  four  years; 
.speaker  of  House;  quorum;  sessions; 
adjournment,  etc. 

9.   .lournal  of  proceedings. 

10.  Members  of  Assembly  ineligible  for  of- 

fice   during    terms. 

11.  One    annual    session. 

LEGISLATIVE    PROCEBDINQS. 

12.  Style    of    ordinances. 

13.  Origin,     amendment      and      passage     of 

bills;    report  on    public   improvement 
bills  required  ^vlthin   limited  time. 

14.  Compensation    of    members    of    Assem- 

bly. 

15.  Engrossment   of  bills. 

16.  Vote     of     majority     of     rpembers     elect 

necessary    to    pass   bill. 

17.  Amendments;  reports  of  committees  on 

Conference. 

18.  Reference    to    title    Insufficient  ,  to    re- 

enact. 

19.  Form    of    amendments. 

20.  Motion  to  reconsider,  etc. 

21.  Ordinances  to   take  effect  ten   days  af- 

ter    approval,     except     in     cases     of 
emergency. 

22.  Bills   to    he   signed    in    open    session;    to 

be    read    at    length;    objections,    how 
disposed    of. 

23.  Rills     approved      to      be      returned      by 

Mayor  within   ten   days. 

24.  Mayor    may    object    to    items   of    appro- 

priation    and     approve     portions     of 
bill. 
2B.  Veto  of  ordinances  by  Mayor. 

LEGISL.A.TIVE     POWERS    ENUMERATED 

— LIMITATIONS. 
:26.    Legislative     powers     vested     In     Mayor 
and    Assembly. 
First — to      assess.      levy      and      collect 
taxes;       borrow       and       appropriate 
money. 
Second — To     establish.     Improve,     light, 
sprinkle,  etc.,  streets;  condemn  prop- 


SKCTION. 

erty;  repairs  of  streets,  bridges,  etc.; 
water-courses,  water  works;  Police 
and   Fire   Departments, 

Third — Municipal  buildings;  market 
places,  and  authority  to  improve  or 
sell    parks,    etc. 

Fourth — To  Improve  harbor;  regulate 
ferries;  create  port  wardens;  regu- 
late mooring  of  vessels;  lease  por- 
tions  of   wharf,    etc. 

Fifth — To  license,  tax,  and  regulate 
various  kinds  of  business,  etc.;  fix 
rates  for  carriage,  drayage,  etc.,  and 
regulate  width  of  tires;  to  suppress 
certain  occupations  and  amuse- 
ments. 

Sixth — To    establish    quarantine;    regu- 
late quarrying,  slaughtering  of  ani- 
mals, and  abate  nui.sances;  summary 
I         power  of  Mayor. 

Seventh — To  establish  standard  for 
weights  and  measures;  inspection  of 
lumber,  etc..  and  various  articles  of 
food   and   manuf-acture.   etc. 

Eighth— To  regulate  and  prdvide  for 
elections;  fix  jury  fees,  salaries,  etc. 

Ninth — To  prevent  riots;  to  regulate 
or  prohibit  animals  running  at  large; 
obstructions   on    streets,   etc. 

Tenth. — To  impose  and  collect  fines, 
etc.;    commitments    to    'Workhouse. 

Eleventh — To  protect  riglits  of  city 
in  corporations;  grant,  regulate  or 
repeal  railway  franchises;  free 
passes  on  street  railways  prohibited. 

Twelfth — To  examine  premises;  regu- 
late storage  of  gunpowder,  etc.,  pro- 
hibit wooden  buildings,  and  enforce 
precautions  against  fire;  inspection 
of    buildings,    etc. 

Thirteenth — To  provide  for  insane  per- 
sons and  paupers:  assessments,  etc., 
of    state    revenue. 

Fourteenth — General  authority  to  pass 
and  enforce  ordinances;  provide  for 
census. 

27.  To  guard  against  fires  in  public  halls, 
etc. 

2S.  Numbering,  printing,  etc..  of  ordi- 
nances; repeal  of  san^e. 

29.  Revision    of    general     ordinances. 

30.  Assembly    forbidden    to    remit    taxes   or 

compromise    claims. 

31.  Power    to    compel    attendance    of    wit- 

nesses, etc..  and  administer  oaths. 
.32.  Power   to    distribute    duties   of   oflTcers 
and   abrogate   offices. 

33.  Appropriations      for      charitable      pur- 

poses. 

34.  Stone  quarries,  soap  factories,  etc.,  for- 

bidden within  300  fcot  of  dwell- 
ings,  except  by   consent. 

35.  Restrictions    as     to     cholera,     smallpox 

patients. 


I 


APvT     III.   Sii-.    1-6.1  ••ll.\ltTi:it  Oh'  Till-:  eiTV  OK  ST.   LOUIS.  305 

Si'ctiuii    1       'I'lir    .Aiiiiii<-i|>al    .\>s('iiil)l.\ 'I'lic    It't^ishitivc    |»iwi'r  of 

till'  City  lit"  St.  Ijiiiii.-i  .-iluill  111'  Ni'sti'il  ill  a  C'omicil  ami  a  Hiitist'  of 
I  h'li'ijiilcs.  to  lie  styled  Ilio  "Miiiiirijial  Assembly  of  the  City  of  St.  Louis." 

.'Vs  to  tho  pou'i-i's  of  tlio  municipal  assembly,  its  legislative  functlon.s  and  the 
e.\tent  to  which  the  courts  may  or  may  not  interfere  therewith,  and  when  its 
ordinances  are  or  may  be  declared  Invalid,  etc.,  see  n'^'e  Introductory  to  Art. 
Ill,   Sec.    26,   of   this   Charter,   and  authorities   there   cited. 

As  to  ordinance  provisions  respecting  the  municipal  assembly,  its  organization, 
elections  thereto,  etc.,  see  Rev.  Code,  Chap.  15,  Art.  I,  Sees.  1376  and  following;  as 
to  ordinances  on  the  subject  of  ordinances,  see  <».  Art.  2,  Sees.  1397-1414.  and 
note   to  Charter.    Art.    Ill,   Sec.    12. 

Until  the  constitutional  amendment  in  1902  the  assembly  was  required  to  con- 
sist of  two  houses  (as  at  present)  but  the  amendment  then  passed  will  permit 
of  an  amendment  to  the  charter  so  that  tho  assembly  will  consist  of  "at  least 
one  house  of  legislation  to  be  elected  by  a  general  ticket":  Const.,  Art.  IX,  Sec.  22. 

MriMBKRS   OF    XirNICIPAI.    ASSTCMBLY— ORGANIZATION    AND    SCISSIONS. 

See.  2.  Tlu'  Coiiiicil. — Tin'  Couucil  .shall  cousist  of  thiiteeu 
inciiihers,  one  of  whom  shall  he  its  presitleut,  who  shall  be  chosen  on  a 
y:eiieral  ticket  hy  the  inialified  voters  of  the  eity,  for  four  years,  subject  to 
the  e.Nceptioii  staled  in  the  next  section.  Every  member  of  tlie  Council 
shall  he  a  i|iialilied  voter,  at  least  thirty  years  of  ajje.  and  shall  have  been 
a  citizen  <if  this  State  live  years,  and  an  inhahilani  of  the  city  for  one 
year  ne.\t   liefni'i'  the  day  nf  his  election. 

The  provision  originally  contained  in  Sec.  2,  requiring  a  member  of  the  council 
to  be  "a  freeholder  of  property  therein,"  Is  omitted  because  it  was  rendered 
void  by  Sec.  5259,  R.  S.  1899,  declaring  every  such  provision  as  "Inoperative  and 
void." 

Elected  and  appointed  offlcers  of  the  city  are  required  to  be  citizens  of  the 
I'ity  at  least  two  years,  etc.     See  Chart.,  .Vrt.  IV,  Sec.   10. 

As  to  the  ordinances  relating  to  counollmen,  elections,  compensation,  etc., 
see   R.   C.    1377  el  ..,,• 

See.    ^^^.     TtM'nis    of    foiiiicilnicii    first    elet'ted  —  elections. — 

Of  the  members  of  tin-  t'uuucil  tirsi  I'lected,  the  jjivsident  and  the  six 
receiviiitr  the  liiffhest  number  of  votes  shall  hold  their  office  for 
four  years,  and  the  other  six  for  only  two  years.  In  case  of  a 
tie  llie  senior  in  a^e  shall  hold  fur  four  years.  At  each  t;i'ii<''">'  flection 
thei'eaftei-  for  meinbei-s  of  the  House  of  Ilelepites,  iiienibers  of  the  Council 
shall   Ik'  elecled   In  succeed   Ihosi'  wliiise  Icniis  will   then   have  ex|>ired. 

See.  4.  Iloii.se  <»f  «l4'l«'j;ate.s — eleftioii.— The  House  of  Dele- 
jrates  shall  consist  of  one  nii'inber  from  each  ward,  to  be  ehosen  every 
Iwii  years  by  the  qiialifled  voters  of  the  several  wards. 

See.  ').  (jiialiiicatitMi  ol"  (lele};at<»s. — Every  member  of  tiie  House 
of  Delojiati's  shall.  Iiefdie  ihe  day  of  election,  liave  attained  the  ajre  of  at 
least  twenty-five  years,  liave  Im-cii  a  citizen  of  the  I'nited  Stales  and  an  in 
haliitant  of  the  eity  tiiree  _\ears.  and  of  the  ward  which  he  may  be  chosen 
to  re|iresent.  one  year,  and  shall  have  paid  city  and  State  taxes  for  at  least 
two  years  next  lM>fore  Ihe  day  of  elecliuii. 

See.  (>.  Additional  «|iialifi«-a(ions.  — In  aildition  to  i|uali(i<-ations  in 
the  precodinj;  sections,  e\ery  memlier  of  the  Municipal  .\ssembly  shall  j»os- 
sess  the  following;:     Me  shall  not  In-  direi-llv  or  indirectly  interested  in  anv 


306  CHARTER  OF  THK  CITY  OF  ST.  LOUIS.  [AKT.   111.  Sec.    7  «. 

coutrart  widi  I  lie  cit.v,  or  aiiv  department  or  institutiou  thereof,  and  shall 
uot  be  indebted  to  tlie  State  or  city  on  aecouut  of  any  tax.  He  shall  not 
liave  been  conx  icted  of  niaU'easance  in  office.  Ijribery  or  other  corrupt  prac- 
tices or  criiiies.  itcrorc  any  niciuher  of  tlic  Council  or  House  of  I  >eie<;ates 
shall  lake  his  seal  or  peiforiii  the  duties  of  his  office,  he  shall  take  and 
snbs<i-ilie  an  oath  before  the  Hejiisler,  (who  shall  tile  the  same  in  his  office,! 
thai  lie  possesses  :ill  iIk'  i|ualitications  recpiired  in  this  and  the  j)receding 
seel  ions,  and  is  iioi  siilijcii  to  any  of  the  disijualitications  therein  named, 
and  ih.ii  lie  will  siipj  oil  the  ( "onstitution  of  the  United  States  and  of  this 
Slalc.  .iikI  laitlilully  dischariie  the  duties  of  his  office.  .\ny  member,  who 
shall  al  any  lime  during  his  term  cease  to  jios.sess  any  of  the  (pialitications 
meiilioiicd  in  lliis  and  the  ]pr('cediiii;  .seel  ions,  shall  thereby  forfeit  his  office, 
and  the  same  shall  be  tilled  as  ]irovi(led  for  in  cases  of  other  vacancies. 

Similar  Ji.siiualini'ation.<s  as  to  all  cli-ctfii  and  appointed  officers:  See  Chart., 
Art.  IV.  Sec.  10.  and  note  thereto;  t^ee  al.'^o  as  to  assemblymen  further  ineligibility. 
Art.  Ill,  Sec.   10. 

Sleiiilicr  interfsted  in  coutriii-t:  R.  S.  1S99.  Sec.  2346,  providing  that  a  city  officer 
is  guilty  of  misdemeanor  if  he  becomes  interested  in  a  city  contract  applies  to  a 
member  of  the  municipal  assembly:  State  vs.  Kelly,  IC?  Mo.  App.  711  (holding 
that  he  may  be  punished  although  the  same  statute  provides  for  removal  from 
office). 

A  similar  provision  making-  any  interest  in  a  city  contract  a  disitualification  for 
office  exists  as  to  "all  elected  and  appointed  officers,"  in  Charter,  Art.  IV,  Sec.  11), 
and   the  subject   is   more   fully   treateil   in   a   note  thereto. 

Pnynient  of  taxt'N;  It  seems  that  jiayment  of  taxes  on  the  day  of  election  is  in 
time  to  avoid  ineligibility  under  a  statute  making  it  sucli  for  a  candidate  to 
be  in  arrears  for  unpaid  city  taxes:  State  ex  inf.  vs.  Berkeley,  140  Mo.  1S4;  but 
a  receipt  made  the  day  after  election  without  naming  any  sum  or  specific  property 
is   worthless   to   shew   payment  of   taxes:      State   ex   rel.    vs.    Williams,    99   Mo.    291. 

<'c»iivii*tiou  for  other  eorrui»t  prnptioeH  «r  criineR,  in  this  section  means  those  of 
the  same  class  as  those  enumerated,  and  selling  lotter>*  tickets  is  not  such: 
State  ex   rel,   vs.   Bersh,   83  Mo.   App.   657,   666. 

Sec.  7.  Vacanvies  ill  Assoiiibly — how  filliMl. — Whenever  a  vacancy 
occurs,  from  any  cause,  in  the  office  of  any  meml)er  of  the  Assembly,  the 
Mayoi".  upon  infoi-mation  thereof,  shall,  by  proclamation,  order  an  election 
to  fill  su<-h  vacancy  for  the  vinexpired  term  thereof,  if  the  same  exceed  three 
months,  to  be  held  ui)on  some  day  named  in  such  order,  not  less  than 
twenty  nor  more  th.in  thirty  days  next  afler  the  issuing  of  the  ]>rocla- 
malion. 

Oi-dinant-i-  provision,  see  Rev.  Code,  Sec.  1390.  As  to  what  constitutes  a  vacancy 
in   general,   see   note   to   Art.   IV,   Sec.   5. 

When  the  House  ousts  one  of  its  members-elect  as  ineligible,  a  vacancy  occurs 
and  the  House  cannot  declare  the  candidate  receiving  the  next  highest  vote  as 
elected,   but   the  mayor  must   fill   the   vacancy:    Sheridan   vs.   St.    Louis,   1S3  Mo.    25. 

Sec.  s.  Ofticers— prerogatives  of  Assembly —sessions — quo- 
riini— atljouriinient. — Kadi  house  shall  a}tpoint  its  own  officers,  except  the 
rresidcnl  of  the  Council. and  shall  be  sole  judge  of  the  ipialitications. election 
and  returns  of  its  own  members  ;  and  in  ease  of  a  tie  vote  shall  certify  the  same 
to  the  Mayor,  who  shall  order  a  new  election:  may  determine  the  rules  of 
its  own  pi'oceediiig.s,  except  as  herein  jirovided:  may  arrest  and  j)uiiisli  by 
tine,  not  exceeding  three  hundred  dollars,  or  im]irisoimient,  as  ju'ovided  by 
ordinance,  not  exceeding  leu  da.\s.  or  bolh.  any  person  not  a  member,  who 
shall  be  guilly  of  disresiiect  to  the  1  louse  by  any  disoi-derly  or  ((Mitemidmuis 
behavior  in  its  ]iresence  during  its  sessions:  may  imnisli  its  members  for 
disorderlv  c(uidiicl.  and  \\  ilh  Ihe  coiicurreiK c  of  two  thirds  of  all  members- 


AI;T.     111.    S.-.-.    1>-1().1        (MIAHTKK   01>'  TIIR   CITY   ()K  ST.    LOl'IS.  307 

clccl.  iii;i\  cxiii'l  M  liicliiliiT ;  l)Ul  III)  miciiiIpcI'  .-ilKill  lie  i'X|m'II('(1  :i  si-cdliil  liiiic 
for  ilir  smiic  caiisi'.  'I'lu-  iiri-siiliii;;  inciiilicr  ul'  llic  ('(Hiiicil  .-ili.ill  Im-  ilcsi};- 
iialfil  iis  "iirfsidciil."  iiikI  sIi;i1I  Ik-  clfclfd  ;is  siirli  liv  llic  (|ii;lliti('il  voters,  In' 
•;ciicr;il  liikcl  cvitv  lour  vcai's.  The  presiding;  oriiccf  ol'  the  llo\isc  of  hclc- 
fiiilcs  sIkiII  1m'  )lcsi^ii:ili>*l  ;is  "siicakt'i-."  :ili(l  lie  clcflt'd  liy  llic  liicliilicl'.s 
llifrt'ol'.  .\  iiiiijoril.v  ol  I  In-  whole  iiiiiiilier  of  iii(>ini>ei's  of  each  house  shall 
coiisliiuie  a  <|iioi'Uiii  lo  do  liiisiucss:  Inil  a  smaller  uuinlier  iiiav  adjourn 
from  da\  lo  ila\.  and  iiia\  i(iiii|icl  ilic  allendancc  of  aliscnt  mcnilicrs  iii 
such  a  maiiiici-  and  under  such  iicnaliics  as  each  house  may  proN  idc  'I'lic 
sessions  of  each   house  shall   lie  held   with  ojien  doors.      Neither  house  shall. 

without  coiiseiil  of  the  oilier,  adj n   for  more  Ihaii  seven  days  al   any  one 

lime,  nor  to  another  jihK-e  than  llial  in  which  the  I  wo  houses  may  he  sit- 
tiii};.  The  .\ssemhly  shall  hold  its  sessions  in  llie  (iiv  II:ill.  sulijeci  to 
temporary  chaii};e  as  aforesaid. 

VltliouRh  tlu-  House  of  DoloKatos  iimy  oust  a  candldatf  rcturncil  as  flertcd,  on  the 
irround  that  lie  Is  disi|unlitlcd  by  foriiipr  conviction  for  crime.  It  cannot  declare 
tlic  candidate  asalnst  Mini  as  elected  and  admit  lilm  as  a  member,  because  It 
cannot  1)11  a  vacancy  caused  by  Its  action:  Sheridan  vs.  St.  Louis,  183  Mo.  25. 
It  was  held  at  tlrst  hy  the  Court  of  Appeals  that  notwithstanding  the  above  charter 
provision  the  courts  may  exercise  a  supervisory  control  where  the  house  departs 
from  or  exceeds  its  powers:  State  ex  ret.  vs.  Glovanonl.  59  Mo.  App.  41;  but 
this  case  was  overruled  in  State  exrel.  vs.  Bersh.  83  Mo.  App.  S,'>7  (BIkbs.  J.,  dis- 
senlin»c>  and  it  was  held  that  It  is  .solely  within  the  sphere  of  the  House  to  Judge 
of  th<  uualincatlons  of  its  members  and  that  Its  acts  in  that  respect  cannot 
he   controlled   by   the   courts. 

The  Speaker  of  the  House  holds  his  oftlce  at  the  will  of  a  majority  of  the 
delegates,  and  may  be  at  any  meeting  removed  by  them:  State  ex  rel.  vs. 
Alt,   :!6  Mo.   App.   6T3.      Kor  ordinance  on   Speaker  see  K.  C,  Sec.   13.S1. 

As  to  the  President  of  the  Council,  see     upra  Sec.   2. 

The  functions  of  the  presiding  officers  are  legislative:  See  Albright  vs.  Fisher, 
lei  Mo.  I.  c.  65  (overruling  State  ex  rel.  vs.  Meier,  143  Mo.  439,  in  so  far  as  the 
:utler  held  that  such  officer  could  be  compelled  by  mandamus  to  sfgn  a  bill). 

Kul.'S  may  be  suspended,  waived  or  modlded:  Sedalia  vs.  Montgomery,  109 
Mo.  App.   197.  210. 

Kor  ordinance  on   Rules  and   f^egulatlons  see   K.   C.  Sec.    1388. 

I-'or  ordtnan >n  i-.tninmafv.  how  dealt  with,  see  R.  C,  Sec.  1394. 

See.  !l.  •loiiriiiil  lo  Im-  U(*p(. — Raeli  liouse  shall  keej)  a  .iounuil  of  it«< 
proceed iii;;s.  and  the  .\fas  and  nays  of  the  memhers  on  any  ipiestiori  shall, 
:it   the  desire  of  any  two  iiieiiilK*rs.  he  taken  and  entered  therein. 

As  to  yeas  and  nays  see  Art.  Ill,  Sees.   16.  17.  21.  25.  30:   Art.   IV,  .Sec.   12. 

Thr  Jnnrnal  reiiulred  by  statute  for  cities  of  the  third  class  Is  competent  proof 
of  the  prnceidlngs  but  not  conclusive  in  Jurisdii-tional  matters:  Sedalia  vs. 
.Montgomi-ry,  109  Mo.  App.  197  (certlMed  to  the  Supreme  Court  as  In  conflict 
with  Knopf)  vs.  Hoofing  Co..  92  Mo.  App.  279  and  Sedalia  vs.  Scott,  104  Mo. 
App.   595). 

Silence  of  a  mt'mber  does  ii"!  .vidinci-  liL-i  (■•msiiil  lo  ii  measure:  Carle  vs. 
Do  Soto,  63  Mo.   App.  I.  c.   163. 

See.  1(1.  ^lonibors  inoliyfiltlf  lo  olli<'«'  (liiriiii;  Irrni.  —.No  memher 
of  the  .\sseiiilil\  shall,  diiiiiii;  I  he  leini  lor  which  hi-  is  elected,  he  eli;;ihle 
or  appointed  to  any  oflice  under  the  city,  nor  shall  any  niemlu-r  of  the  .Vs- 
setiilily.  while  such.  Ih'  an  employe  of  the  i-ily.  or  of  eilher  liianch  of  the 
.Vsseniltly.  in  iiiiy  t-apacity  whatever,  and  no  compensation  shall  he  audited 
or  paid  for  services  as  such  oflicer  or  employe. 

For  other  dlsiuallflcatlons  of  assemblymen  see  Art.  Ill,  Sec.  6:  IV  Sec.  10  and 
note  thereto. 

No  memfter  of  Uem-ral  .Assembly  shall  be  appointed!  to  any  state  office  or  of 
any    miinirlpallty :    Const,.  .Art.  IV.  .Sec.  12;   In  cities  of  over   200.000   Inhabitants  no 


308  CHARTER  OF  THK  CITY  OF  ST.  LOUIS.         [ART.  Ill,  Sec.  11. 

person    shall    be    both    state    and    city    officer    or    fill    two    municipal    offices,    (not 
applicable   to    notaries,   justices   of    the    peace   or   militia)    Const.,   Art.    IX,    Sec.    18. 

Sec.  11.     One  annual  .ses.sion.— Oue  session  of  the  Assembly  shall 
be  held  aniniaMy,  beginuiug  on  the  third  Tuesday  of  April. 

Amendment  passed  in  1885;  formerly  sessions  began  on  first  Tuesday  instead  of 
third.  Extra  sessions  of  the  municipal  assembly  and  what  legislation  may  be 
had  thereat:    see  note  to  Art.  IV,  Sec.  18. 

LEGISLATIVE    PROCiSEDINGS — ORDINANCES.* 


♦GENERAL   NOTE    ON   ORDINANCES. 

For  ordiiiaiK-es  on  the  subject  of  ordinances  see  Rev.  Code,  Ch.  l.S.  Art.  2.  Sees. 
1397    to    1414. 

As  to  leg:islatire  poivers  of  (he  >IuuieipaI  AMMi'iiibly,  and  its  limitations,  and  the 
control    of   the   courts   to    annul   ordinances,    see    note    to   Art.  III.  Sec.  26  (heading). 

Ordinances  in  force  Ht  adoption  of  charter,  not  in  conflict  with  it.  remain  in 
force  until   repealed:    Charter.  Art.  XVI,  Sec.   1. 

Depnrtiire  from  prescribed  form  by  omission  of  the  ordaining  clause  or  similar 
informalities  is  not  fatal  to  the  ^alidity  of  the  ordinance:  such  provisions,  are 
directory  unless  stated  to  be  indispensable:  St.  Louis  v-s.  Foster,  52  Mo.  513. 
See  to  same  effect  Rockville  v.s.  Merchant,  60  Mo.  App.  365,  371;  St.  Louis  vs. 
Stern,  3  Mo.  App.  48;  see  also  Tarkio  vs.  Cook,  120  Mo.  1.  7-S. 

It  was  held  that,  like  statutes,  city  ordinances  cannot  be  shown  to  be  invalid 
by  going  behind  the  formal  attestation  and  showing  that  the  requirements 
of  the  organic  law  were  not  complied  with:  Ball  vs.  Fagg,  67  Mo.  481,  484:  but 
this  case  was  overruled  in  subsef,uent  cases;  see  notes  to  heading  of  Sec.  26  of 
this  article. 

Ordinnncex  nnnuthorized  by  charter  or  in  conflict  with  it.  see  note  to  Art.  Ill, 
Sec.  2r,. 

Ordinnnces  to  w:o  info  ell'eet  <mi  <'«'rtain  conf intreney  are  valid.  See  note  to 
Art.  Ill,  Sec.  21. 

Partial  validity  of  orilinanee.s.  Where  certain  provisions  of  an  ordinance  are 
attacked,  which  are  valid,  and  such  provisions  are  severable  from  and  not 
dependent  upon  invalid  parfs.-the  -whole  enactment  will  not  be  declared  void  be- 
cause of  such  invalid  portions,- ijut  the  valid  portion  will  be  sustained,  unless 
that  would  defeat  the  general  object  of  the  enactment,  in  which  case  the  whole 
is  void:  St.  Louis  vs.  Liessing,  190  Mo.  464,  loc.  cit.  489:  St.  Louis  vs.  Grafeman 
Dairy  Co..  190  Mo.  492;  Kirkwood  vs.  Highlands.  94  Mo.  App.  637;  Asphalt  Co.  vs. 
Ulman,  137  Mo.  1.  c.  569:  St.  Louis  vs.  Ry..  89  Mo.  44;  Hannibal  vs.  Ry.,  31  Mo. 
App.   23;  Qulnette  vs.  St.  Louis.   76  Mo.   402.  404. 

Ordinances  presumptively  valid.  Ordinances  are  presumed  to  be  valid  and  the 
burden  to  show  that  any  of  the  steps  required  by  law  in  its  passage  were  not 
properly  taken  rests  upon  him  attacking  it:  Savings  Bank  vs.  Ridge,  1S3  Mo. 
506,  518  (special  tax  bill  under  ordinance);  State  ex  rel.  vs.  St.  Louis.  174  Mo. 
125,  136  (two-thirds  vote  required  being  presumed  unless  contrary  shown) ; 
Young  vs.  St.  Louis.  47  Mo.  492  (two-thirds  vote  presumed  when  required). 
The>'  are  presumed  to  be  passed  as  required  by  the  charter:  State  ex  rel.  vs.  St. 
Louis.  169  Mo.  31,  37;  if  not  passed  in  a  certain  required  manner  necessary  to 
their  validity  or  if  certain  conditions  precedent  essential  to  their  validity  do 
not  exist,  that  is  special  matter  of  defense  to  be  pleaded  and  proved:  St.  Louis 
vs.  Gleason,  15  Mo.  App.  25.  29  (street  opening).  Parol  evidence  was  at  one 
time  held  inadmissible:  Ball  vs.  Fagg  67  Mo.  481:  but  this  was  said  to  have 
been  practically  overruled  by  State  ex  rel.  vs.  Mead.  71  Mo.;  See  Fruin  Bambrlck 
vs.  Geist.  37  Mo.  App.  I.  c.  516.  See  also  cases  under  note  to  Charter.  Art 
III,   Sec.   9. 

Attn<*klnK'  ordinance  in  (lie  courts  f«»r  fraud  <tr  as  liein;;  iiuren.sonnlile  or  oppres- 

«ilve«   see    note    to    Charter,    heading   of   Sec.    26    of    Art.    III.    and    autliorities    there 
cited. 


ART.   III.  S.f.    1-M  OKNKRAI,  NOTK  ON   ORDINANCES.  ;109 

I'li-iiilliiK  orilliiiiiK'o — Jiiillvliil  iiuiicc.  The  courts  will  not  take  Judicial  notice 
of  onlliiaiicvs;  thu  party  relyint;  on  the  same  must  set  out  so  much  of  them 
as  may  be  necessary  for  his  position:  St.  I>ouls  vs.  Llcsslng,  190  Mo.  464,  490 
(and  sec  p.4S3  that  If  one  sectioii  of  an  ordinance,  of  many  sections,  Is  pleaded. 
It  Is  very  doubtful  whether  other  sections  of  the  same  ordinance  can  be  consid- 
ered); Mooney  vs.  Kennett.  19  Mo.  551:  St.  Louis  vs.  Roche,  12S  Mo.  541.  544-545; 
Tarklo  vs.  Loyd.  179  Mo.  600,  605;  GIvens  vs.  Van  Studdlford.  86  Mo.  149  (dis- 
tinguished In  Brasrvc  vs.  Railway,  19:;  Mo.  1.  c.  350);  St.  Louis  vs.  nippen,  100 
S.   W.   1048. 

Reference  merely  to  title  and  date  of  passage  without  more  Is  Insufllclent:  St. 
Louis  vs.  Stoddard,  15  Mo.  App.  173,  179.  But  If  the  ordinance  Is  a  mere  matter 
of  evidence,  and  not  the  basis  of  the  claim,  and  simply  defines  certain  duties, 
the  ordinance  need  not  be  pleaded,  for  the  rule  that  evidence  should  not  bo 
pleaded  Is  applicable  to  ordinances:  Bailey  vs.  Kansas  City,  189  Mo.  503,  514; 
BrasTK  vs.  Street  Ry.,  192  Mo.  331.  350:  Meng  vs.  Railroad.  108  Mo.  App.  553.  564; 
Mulderlf;  vs.  Railroads.  116  Mo.  App.  655.  665.  As  to  the  suniclency  of  pleading 
ordinances  In  a  police  court,  charging  violation  of  an  ordinance,  see  notation  to 
Rev.  Code.  Sec.  1279.  And  It  may  he  that  a  strictly  municipal  court  will  take 
notice  of  the  city  ordinances  of  a  general  nature:  See  McQull.  "Amended 
Charter."  note  nn  p  3no  to  .Art  III.  Sec  26  of  Charter,  citing  cases  from  other 
states. 

Although    the    case      declares    on    an      ordinance    and      pleads    it,    yet  if    there 

is    sufficient    pleaded   and    proved    to    make    a   case    at    common    law    the  plaintiff 

may    recover    although    the    ordinance    Is    not    proved:     WInkelman    vs.  Electric 
Co..  112  Mo.  App.   184.   190.  citing  other  cases. 

Kvldenee  of  itrdlnnneeH — liwiv  iirdlniiiioeH  prikved.  Rev.  St.  Mo.  1899.  Sec.  3100, 
prnvMes  that  printed  copies  of  ordln.Tnccs  purported  to  be  published  by  authority 
of  the  city  and  certified  to  by  the  officer  having  charge  of  the  same  (register), 
with  the  seal  of  the  city,  are  admissible  in  all  the  courts  of  this  state  without 
further  proof;  and  any  printed  volume  purporting  to  bo  published  by  such 
authority  and  to  contain  the  ordinances  are  so  admissible:  See  on  this  subject 
Campbell  vs.  Railway,  175  Mo.  171,  176  (In  that  case  being  the  St.  Louis  Revised 
Ordinances);  and  no  seal  or  attestation  to  printed  volume  is  in  such  case  re- 
quired: St.  Louis  vs.  Foster.  52  Mo.  513,  517  (also  referring  to  the  Revised  Ord. 
of  St.  Louis);  Tarklo  vs.  Cook.  120  Mo.  I,  12.  citing  Tipton  vs.  Norman.  72  Mo.  381. 

By  ordinance  provision  a  refere.nce  to  the  revision  of  the  St.  Louis  ordinances 
by  section  number  Is  sufficient:     See  Rev.  C.  Sec.  1414. 

But  It  may  be  observed  that  even  In  case  of  the  offlclalstatutoryrevlslon.it  may 
be  shown  that  a  provision  has  been  Illegally  carried  Into  It.  and  reference  to  the 
original  rolls  In  the  office  of  the  Secretary  of  State  is  permissible  to  ascertain 
the  facts:     Bowen  vs.  Railway.   118  Mo.   541. 

Proof  where  original  ordinance  record  torn  outotregularordinance record  book: 
Webb  City  v.s.  Parker.  103  Mo.  App.  295;  proof  where  original  ordinance  is  lost: 
Covanee  vs.  Milan.  99  Mo.  App.  672;  Wells  vs.  Pressy.  105  Mo.  164.  178;  Rockvllle 
vs.   Merchant.  60  Mo.  App.   365.   370. 

That  ordinances  cannot  be  impeached  by  parol,  or  going  behind  the  formal  at- 
testation, to  prove  that  the  formalities  required  by  the  charter  were  not  compiled 
with  has  been  stated  above  in   this  note. 

Piihlle  prmuniril  (<>  kooiv  orillnnnrra.  The  residents  within  a  municipality  must 
bo  held  to  know  and  take  notice  of  the  ordinances  of  the  city;  and  this  require- 
ment Is  not  Inconsistent  with  the  rule  that  the  courts  do  not  take  Judicial  notice 
thereof:      Jackson   vs.   Ry..   118   Mo.    199.  218-219. 

.\nd  the  provisions  enter  into  a  contract  made  with  the  city,  whether  formally 
referred  to  therein  or  not:     Sec  note  to  Art.  XVI,  Sec  7. 

As  to  Judicial  and  public  notice  of  Charter  provisions,  see  note  Introductory  to 
.\rt.   I  of  the  Charter:     "General  Considerations  Respecting  Charter." 

KatopprI  lo  nttnrk  ordlnnnrr  as  Invalid  by  one  who  claims  the  benefit  thereof: 
California  v.i.  T.-lrphone  Co..  112  Mo.  App.  722:  Henderson  vs.  Koenig,  192  Mo.  690. 
See  also  note  to  Chart..  Art.  VI.  Sec.  2S.  as  to  estoppel  of  owner  to  contest  ordi- 
nance   on    which    special    tax    bill    is    Issued:    and    as    to    the    doctrine    of   estoppel 


310  CHARTKn  OF  THK  CITY   OF  ST.    LOUIS.        [ART.    Ill,    Si-c.    12-13. 

applying  agaln.st  ami  in  favor  of  the  city  see  note  to  Chart..  Art.  XVI.  Sec.  7 
and   cases   cited. 

CoiiNtrtictiou  4»f  orfliiiaucfH;  See  note  at  lieading  of  Sec.  26  of  Art.  III.  and 
cases   there   cited. 

Construction  of  ordinances  is  for  the  court,  and  should  not  be  left  to  the 
Jury:  Barton  vs.  Odessa.  109  Mo.  App.  76.  Nor  can  its  validity  be  left  to  the 
jury:     Fruin   Bambrick  vs.  Geist.   37  Mo.   App.   1.   c.   516. 

See  as  to  certain  oi-dinances  on  construction  of  city  ordinances:  Rev.  Code.  Sees. 
14nn-i410. 

Sec.  1:^.  style  of  ordinaiK-es.— The  style  of  ordinances  of  this  city 
nIkiII  he;  ■•lie  it  nnhiinrd  hi/  tlir  .][ iiiiiciixtl  AsscDihli/  of  the  Citi/  of  8t. 
Louis,  IIS  fiilliiirs:" 

See.  IH.  ()rij>iii,  anieiulineiit  and  passagfe  of  bills— repox't  <>u 
public  iniproveineiit   bills    re(piire«l   within   limited  time.— No 

oi'diuauee  shall  l)e  passed  except  hy  bill,  and  no  1)111  shall  he  so  ;nueuded  in  its 
passage  tliron_ii:h  either  house  as  to  change  its  original  pniijose.  Bills  m;-iy 
originate  in  either  honse,  and  may  he  amended  or  rejected  hy  the  other  ;  and  every 
1)111  shall  he  read  on  tliree  different  days  in  each  house.  Excejjt  as  here- 
lual'ter  s]ie(iti(;illy  ):ro\ided.  no  Ihll  shall  he  considered  for  tinal  piissage 
unless  the  same  lias  been  re])orted  njion  hy  a  committee.  No  liill  iexce])t 
general  api)ro]>riatioii  hills,  which  may  embrace  the  various  sui)jects  and 
Jiccounts  for  and  on  account  of  wlihli  moneys  are  apj)roprlated  I ,  shall  con- 
tain more  than  one  subject,  which  shall  be  clearly  ex])resscd  in  its  title. 
Any  bill  or  matter  recommended  by  the  Hoard  of  Public  Improvements  and 
referred  to  either  a  standing  or  s])ecial  committee  of  the  (\»iincil  or  House 
of  J>elegates  shall  be  rej)orted  upon  by  that  committee  within  forty  days 
from  the  time  it  was  so  referred.  In  the  event  of  failui-e  of  such  commit- 
tee to  so  report  within  the  time  si)ecitied.  the  hill  or  sul)ject  matter  shall  be 
considei-ed  as  before  the  Council  or  Honse  of  Delegates,  as  tlie  case  may  be, 
and  shall  be  referred  to  a  committee  of  the  whole  Council  or  House  of 
Delegates,  and  acted  u|'on  by  said  committee  of  the  whole. 

Tlial  ordinances  are  jiresumed  to  be  regularly  passed,  etc..  and  also  that  they 
are  not  void  because  of  informalities  in  enactment,  see  preceding  note  (.\rt.  III. 
Sec.   12). 

Tlii.s   .Ncetlon    is    nil    iniieudnieut    adopted    at    the    election    on    Oct.    22,    11)01.     the 
.,  *  amendment   adding   two   sentences    (aftei-   the    words   "expressed    in    its   title"). 

neiijirliire   frinn  the  form  is  not   fatal:   See  autho!'ities  in   the   preceding  note. 

Three  iIiiV4Tenl  rendlnK^  held  direct(H-y  as  to  cities  of  the  fourth  class:  See 
Aurora  vs.  Aurora  Co.,  129  Mo.  540,  577;  and  as  to  City  of  St.  Louis:  St.  Louis 
vs.  Foster.  52  Mo.  513,  1,  c.  515  (holding  that  an  ordinance  regularly  authenticated 
in    the    revision,   could   not   be    impeached   on    that   ground). 

CliiinfirinK  iiiiriniMe:     See  similar  constitutional   provision   construed   in   State  e.x 
rel.   vs.  Mason,   155  Mo.   4S6,   502,  where   the   court  says:      "This  purpose  means  the 
'  general  purpose  of  the  hill,  not  the  mere  details  through  whic-h  and  by  which  that 

purpose  is  manifested  anil   effectuated." 

Xo  bill  ithnll  eonliiln  iiior*'    tlinn  one  Niilijeet,  whieli  Nhnll    he    e]eitrl>' expresNcd    in 
;  the    title:     Tl)is    claiise    is    not    violated    if    all    the    provisions    are    germane    to    the 

[  one   subject,   and    tl)e   generality    of   the    title   is   no   objection    so    long  as   It   Is   not 

made  to  deceive,  or  to  cover  legislation  incongruous  in  itself;  sound  policy  and 
legislativi!  convenience  dictate  a  libei-al  construction  of  the  title  and  subject 
matter  to  maintain  their  validity:  St,  Louis  vs.  Liessing.  190  Mo.  464,  489;  State 
vs,  Whitaker.  160  Mo.  59;  State  ex  rel.  vs.  St.  Louis,  169  Mo.  31;  Bergman  vs. 
Ry.,  88  Mo,  678,  683  (Henry,  .1,,  dissenting.  685);  Senn  vs,  Ry.,  124  Mo.  621,  627; 
Weber  vs,   Johnson,   37   Wo.    App.    601;   St.    Louis   vs.    Weitzel,    130   Mo,    600,    615-616. 


AUT     III,  Si-c.   14-17.1  CHAUTKIl  Ol'  TlllO  CITY   (>!•■  ST     I.OUIS.  3H 

(Noarly  all  llii-  abovi>  are  decisions  on  St.  Ixiuls  orillnancos,  t>iit  there  lira 
numerous  decisions  In  this  state  upholding  state  statutes  aKalnst  a  like  consti- 
tutional provision,  on  the  same  principle.  These  cases  are  to  the  efTect  that  the 
title  Is  sufHclent  If  not  deceptive  as  to  the  chief  topic,  and  the  minor  features 
have  a  natural  connection  with  the  subject  named  In  the  title.  Sec  also  on  this 
subject:  Blair  vs.  Chicago.  2U0  U.  S.  400  loc.  cit.  4S1.  The  constitutional 
Inhibition  does  not  apply  to  an  ordinance:  Tarklo  vs.  Cook,  120  Mo.  1,  I.  c.  7.) 
But  If  the  purpose  of  the  bill  Is  not  expressed  In  the  title,  although  the  body 
of  the  bill  expresses  the  object.  It  Is  void;  It  was  said  "the  body  of  the  bill 
expresses  Its  object,  the  title  disguises  and  conceals  It";  State  ex  rel.  vs.  St. 
Louis.  161  Mo.  371,  386  (Marshall,  J.,  dissenting,  p.  39X),  repeating  a  quotation 
found   In   Kansas  City   vs.   Payne,  71  Mo.   1.  c.   16L'. 

Si'c.  U  ( 'oiiii>fii>:ilioii  <>r  iiK-iiilx'i's. —  Ivu-li  iiiiMiihcrot'tlic  As.si-mhly 
sliall  lie  t'litillcd  l<>  receive,  lor  his  ofticiiil  services  ol'  every  kind,  aininally, 
iliirino  his  teriii  ol'  oll'ice.  liiree  hiiiulred  dollars,  and  no  more;  lint  may  l)e 
paid  ills  reastnialtle  e.\|ienses.  anihori/.ed  and  incurred  in  any  such  service, 
lo  be  aii|iro\ed  liy  tile  house  of  which  he  is  ;i  niciiilier.  \\'heiie\er  a  liieni- 
her  of  the  .\ssciMlily  is  aliseiit.  wilhonl  U-ave  Irom  his  house  first  olilained 
thefelor.  fur  ;iii  entire  sittino  of  ;iny  nieeriiio.  he  shall  rorl'eit  oni-  dolhii'  of 
his  official  coiii|iensal  ion  :  and  fur  liiis  piiriFOse  the  roll  of  ea<-li  house  shall 
lie  called  at  eiich  nieeliii};  thereof,  and  the  naiiies  of  such  alisiMitees  shall 
l«>  entered  n|ion  the  jtnirnal.  iind  he  reported  :it  the  close  of  each  meeting 
to  the  auditor,  who  shall  deduct  from  each  inciiiKcr's  ;ilk)\vanrp  the  anionnt 
uf  forfeitures  incurred  as  ;ifuresaid. 

l''or  ordinance     rm  this  subject  see  Uev.  Code.  Sec.   137S. 

One  not  de  Jure  but  only  de  facto  a  member  of  the  Housu  cannot  recover  the 
salary  from  the  City:    Sheridan  V3.  St.  Louis,  183  Mo.  25. 

Sec.  ]."i.  I%ii;;r<»ssin(>ii(  ol"  ImII.s, — All  .•micinlincnts  ailupted  hy 
either  liunse.  to  a  liill  |iendin<;  and  ori^Minitinu  in  the  same.  sli;ill  lie  incor- 
juirati'd  with  the  liill  liy  eiifrrossmeni.  The  emrrossinn:  shall  lie  under  the 
supervision  of  a  committee  of  three,  whose  report  to  the  house  shall  set 
forth,  in  wrilini;,  that  lliev  liiul  the  liill  trulv  enjirossed.  and  correel. 

l-'or  similar  constitutional    provisions   for  stiitutr.*!   see  Const..   Art.   IV.   Sec.   29. 

S.M-.  1().  >laj«>ri(>  \o(('  iu'»'«'>.s;ir>  l<>|»;i.ss  hill. — Nuhill  shall  lircume 
an  ui'dinance  nnless  on  ils  timil  p;iss;|oe  ihi-  iii:iiurily  of  the  niemliers  elected 
to  e;ich  house  vote  in  its  I'iivor.  ;Mid  the  Note  lie  t;iken  liy  yeas  and  nays,  and 
the  mimi's  of  the  meiiiliers  voiino  for  and  ji-iaiiisl  the  same  Im-  entered  on  the 

Jolll'lbll. 

Yeas  and  nays;  See  St.  Louis  vs.  Foster.  52  Mo.  1.  c.  air>-.Tl6.  citing  N.  \'. 
case.  See  as  to  construction  of  corresponding  constitutional  provision  with 
respect  to  statutes.  (Const..  Art.  IV.  Sec.  31):  State  vs.  Mead,  71  Mo.  266.  The 
court  takes  Judicial  knowledge  of  the  number  of  senators  and  members  of  state 
ossembly;     State  ex  rel.  v.s.  Mason.  I.tS  Mo.  486. 

Sec.  17.  .XiiM'iidnn'iits,  <-(>iif«'r«'H<M'  r<*|»«»rts.  — No  amemhneiit  to 
liills  liv  cither  huii-i'  n1i;iI1  Im'  cuiicuri-'-il  in  liy  the  uihcr.  cxce|it  l>y  a  vote  of  a 
majority  of  the  inemlH-is  elected  thereto,  taken  li\  yeas  and  ii:iys.  and  the 
names  of  those  voting  for  and  airainst.  i-ei'orded  upon  the  joiirmil  thereof; 
and  reports  of  comniittet's  of  confeivnce  shall  he  :idopled  in  either  house 
only  iiy  the  vote  of  a  niajoi'ity  of  the  memliers  eleclcd  thereto.  t;iken  hy 
yeas  and   nays,  and   the  names  of  those  votin;;  rectirdeil   upon   the  journal. 

.See  substnntlnlly  similar  constitutional  provision  as  to  statutes;  Const..  Art. 
rv.  Sec.   S2. 


3]2  CHARTER  OF  TIIK  CITV  OF  ST.  LOUIS.       [ART.    III.    Sec.     lS-22. 

Sec.  IS.  Kefereuce  to  title  iiisutticient  to  re-enact.  —No  ordinancf 
.sliall  be  rcvivc'd  or  re-eiiiu-ted  by  mere  relVrence  to  the  title  thereof,  but  tlie 
same  shall  be  set  forth  at  leuglh,  as  if  it  were  an  original  ordinance. 

See   like  constitutional   provision   as  to  statutes:   Const.,  Art.   IV.  Sec.   33.     Con- 
strued  State   ex   rel.    vs.   Finn.    S   Mo.    App.,    341;    French   vs.   ^^'ood^^-ard.    5S   Mo.    6C. 

See.  lit.  Form  of  aiiu'n«liiieiit. — No  ordinance  shall  be  amended  by 
providing  that  designated  wortls  thereof  be  stricken  ont,  or  that  designated 
words  be  inserted,  or  that  designated  words  be  stricken  out  and  others  in- 
serted in  lieu  tliereof:  but  the  ordinaiKc  or  section  amended  shall  be  set 
forth  in  full,  as  amended. 

See  constitutional  provision,  relating  to  statutes.   Const..  Art.   IV,  Sec.   34,   con- 
strued:   96  Mo.  602;   92  Mo.   325:  47  Mo.   29;  58  Mo.   6i  supra:   100  Mo.  439. 

Sec.  20.  Motion  to  reconsider. — When  a  bill  is  put  ajjou  its  fiiuil 
passage  in  either  house,  and  failing  lo  pass,  a  motion  is  made  to  reconsider 
the  vote  by  which  it  \\as  defeated,  the  vote  upon  such  motion  to  reconsider 
shall  be  immediately  taken,  and  the  subject  finally  disposed  of  before  the 
house  proceeds  to  any  other  business. 

See  Const..    Art.   IV.   Sec.   ST.. 

See.  21.  Wlien  ordinances  to  take  effect. — No  oidiiinucc  jiassed 
by  the  Assembly,  excejit  the  general  apjiropriatioii  ordinance,  shall  take 
effect  or  go  in  force  until  ten  days  after  its  approval,  unless  in  case  of  an 
emergency,  (which  emergeiicv  must  b(>  exjtressed  in  the  preamble  or  in  the 
body  of  the  ordinance,)  the  Assembly  shall,  by  a  vote  of  two-thirds  of  all 
the  members  elected  to  each  house,  otherwise  direct:  said  vote  to  be  t.'iken 
by  yeas  and  nays,  and  entered  upon  the  journal. 

See  constitutional   provision   as  to   Kt:itutes:   Const.,  Art.   IV.   Sec.    36. 

This  provision  in  the  charter  Hxing  the  time  within  which  ordinances  shall 
take  effect  is  in  the  nature  of  a  limitation  upon  legislative  and  ministerial  power, 
it  is  founded  in  the  policy  of  allowing-  a  certain  time  to  elapse  within  which 
the  public  may  acquire  knowledge  of  the  ordinance  before  it  shall  become  oper- 
ative for  any  purpose;  as  in  case  of  an  act  of  the  general  assembly,  so  if 
any  step  founded  on  such  ordinance  is  taken  before  it  becomes  operative  no  valid- 
ity attaches   to   such   step:    Keane   vs.   Cushing,    15  Mo.   App.    96.    101. 

But  an  ordinance  may  lawfully  be  made  to  depend  and  be  made  contingent  in 
going  into  effect,  upon  the  happening  of  a  future  event  within  a  reasonable  time 
after  the  expiration  of  the  ten  days:  Con.«truction  Co.  vs.  Loevy.  64  Mo.  App. 
430,  432  (relying  on  State  ex  rel.  vs.  Pond,  93  Mo.  606  1.  c.  621:  the  case  was 
affirmed  without  notice  of  this  point:  179  Mo.  255):  Sherwood.  J.,  in  St.  Louis  vs. 
Howard.    119   Mo.    41    1.    c.    47. 

Parol  evidence  and  even  the  journal  is  inadmissible  to  show  that  an  ordinance 
valid  on  its  face  was  passed  prior  or  subsequent  to  the  date  of  its  attestation: 
Ball  vs.  Fagg.  67  Mo.  4S1. 

See-.  22.  Sij>niiiS'  «»f  l»ills — r<»adin,u- — objections. — No  bill  shall  be- 
come an  ordiuauce  until  the  same  shall  have  Ix'cu  signed  by  the  presiding  ofHcer 
of  each  of  the  two  houses  in  o])en  session ;  and  before  ^such  officer  shall 
affix  his  signature  to  any  bill,  he  shall  suspend  all  other  business,  declare 
that  such  bill  will  now  be  read  and  that,  if  no  objectioiis  be  made,  he  will 
sign  the  same  to  the  end  that  it  may  become  an  ordiiKince.  The  bill  shall 
then  be  read  at  length,  and  if  no  objections  be  made,  he  shall,  in  the  pres- 
ence of  the  house  in  oi)en  session,  and  before  any  other  business  is  enter 
tained,  affix  his  signature,  which  fact  shall  be  noted  on  the  journal,  and 
the  bill   immediately  sent  to  the  other  house.     When  it  reaches  the  other 


AHT    HI.   Sfc.    23.)  CIIAIITKR   OF  THK   OITV    OK   ST.    LOUIS.  ;jl3- 

li((iis<',  (III-  jii'i'sidiii;;  iiflii  iT  llicrcof  >li:ill  annciiiiicc  llic  i'tM('|iI  iiiu  of  llic  hill, 
ami  ilu-  same  ]ii'<>icc(lin>is  siiall  ilu'rt'U|Miii  lie  olj.scrvcd,  in  cvorv  rcsju'ci,  as 
in  tlu-  lionsc  in  which  it  was  tirsi  si;,'iu'il.  11'  in  cilluT  lionsc  any  mt'rnluT 
shall  ohjcct  that  any  snlistitiition.  omission  or  iiist'rti(»n  has  ocrurred,  so 
that  tlic  hill  propdsi'd  li>  he  signed  is  not  thi-  sanu'  in  sniistanco  and  form 
as  when  considcipd  and  jiassed  by  the  house,  siuli  olijection  shall  be  jiassed 
upon  hy  the  lionsc.  and  if  sustained,  the  prcsidiiiir  ofticei-  sliall  withhold  his 
Kii'iiatnrc. 


ire   thereto   In 


After  the  bill  h»s  gone  through  all  the  legislative  stages,  the  mere  signing 
ti.v  the  preslilhiK  iifllcer  was  held  to  be  a  ministerial  duty  which  he  can  be 
compelled  b.v  mnndnmiis  to  perform  In  case  ho  refuses  without  warrant  to  sign: 
State  ox  rcl.  vs.  Meier.  H3  Mo.  439  (Sherwood.  J.,  dissenting):  but  this  case  was 
criticised  as  not  announcing  a  correct  rule  of  law  by  Judge  Sherwood  and  over- 
ruled In  Albright  vs.  KIsher.  164  Mo.  1.  c.  65.  67-68,  (Brace  and  Gantt.  JJ.,  dis- 
senting on  the  overruling  of  the  Melor  case).  The  Albright  case  regards  the 
duties  of  the  presiding  officer  as  legislative  Instead  of  ministerial  and  beyond 
the  reach  of  the  courts. 

See.  2:^.     Hcfiirii  of  liills  by  >l;iy«)r Hv.Ty  bill,  ininicdiately  after 

its  passable  in  Imih  hoiisrs,  sIkiII  lie  inrsented  to  the  .Mayor,  for  his  ap- 
proval or  flisajifiroval.  And  the  Mayor  shall,  within  ten  days  after  such 
pre.sentation.  ronsider  and  return  such  bill  to  tlie  house  in  which  it  orij;- 
inated  with  his  apjiroval  indor.sed  thereon  oi-  :i(i(ini|(anied  by  his  objection. 
If  he  approves  the  same  it  shall  become  a  law,  or  in  <-ase  the  Muiiici|ial 
.\ssenibly  remain  in  session  lor  ten  days  after  such  ])resentation.  and  the 
Ma.\or  fails  to  return  sinh  bill  as  li(>rein  re(piired,  it  shall  become  a  law  as 
if  api'foved  by  him.  I'rovidcd,  that  if  the  ^lunicipal  Assembly  shall  liiially 
adjourn  within  ten  days  after  any  siicli  jtresentation,  the  Mayor  shall, 
within  ten  days  after  sueh  adjournment,  return  such  bill  to  the  Ke^rister. 
with  his  approval  or  reasons  Utr  disappro\'al.  otlierwise  it  shall  become  a 
law  as  if  approved. 

For  ordinance  provision  see   H.  C  Sec.    1397. 

This  section   Is  as  amended  at  the  election  of  Oct.   6,  ISS.t. 

Under  the  former  charter  provisions  there  was  room  for  doubt  what  effect 
followed  the  adjournment  of  th"  assembly  within  ten  days  after  the  passage 
of  n  hill  which  had  not  been  returned  by  the  mayor;  but  It  was  held  that 
such  bill  did  not  become  a  law.  otherwise  it  would  have  been  In  the  power 
of  the  assembly  to  nullify  the  charter  rei|Ulrlng  the  concurrence  of  the  mayor  In 
I)  bill:  State  o.\  rel.  vs,  Cnrr.  67  Mo.  .IS,  affirming  s.  c.  1  Mo.  App.  490.  The 
I  resent  charter  obviates  the  question;  and  an  ordinance  is  not  Invalid  because 
niod  by  the  mayor  In  the  register's  oflUe  Instead  of  the  hou.se,  when  it 
appears  that  both  houses  of  the  assembly  had  adjourned  on  the  day  of  prc- 
v>nlaIioi'   to   the  mayor;      Paving  Co.   vs.   Hunt.   100  Mo.   22. 

If  the  record  shows  the  mayor's  approval  of  a  bill,  the  actual  signature  need 
not  be  proven:     Bank  v.s.  St.  txiuls.  10  Mo.  App..  587   (memo,  opln.) 

"By  the  charter  of  St.  Louis,  the  mayor  Is  a  part  of  the  law-making,  or  ordi- 
nance-enacting, power  of  the  city  government,  and  his  concurrence  In  legislative 
action  Is  essential  to  Its  validity,  unless  the  ordinance  Is  passed  over  his  veto": 
Gantt.  J..  In  State  vs.  Butler.  178  Mo.  I.  c.  340.  citing  Elchenlaub  vs.  St.  Joseph, 
113  Mo.  395.  When  a  resolution  Is  effective  and  when  not.  see  note  to  Art.  III. 
Sec.   2«, 


314  CHARTER  OF  THE  CITY  OF  ST.   LOUIS.  [ART.  Ill,  Sec.  24.26. 

Sec.  24.    Executive  privilege  as  to  items  of  apin'opriation If 

any  ordinance  presented  to  the  Mayor  coutaiu  several  items  of  ai>iiropriatiou, 
he  may  ohject  to  one  or  more  items  while  approving  otlier  portions  of  the 
bill.  In  such  case,  he  shall  append  to  tiie  ordinance  at  the  time  of  signing 
it,  a  statement  of  the  items  to  which  he  objects,  and  the  ai)proi)riation  so 
objected  to  siiall  not  take  eti'ect.  if  the  Assembly  be  in  session,  he  shall 
transmit  to  the  house  in  whicii  the  ordinance  orij;iiiated.  a  cojiy  of  such 
statement,  and  tlie  items  olijected  to  shall  be  separalely  reconsidered.  If  it 
be  not  in  session,  then  he  shall  transmit  the  same  within  ten  days  to  the 
Register,  with  his  aiiproval,  or  reasons  for  disappi'oval. 
( 
See.  2o.  Action  on  vetoes. — Every  l)ill  presented  as  aforesaid,  but 
returned  without  the  approval  of  the  Mayor,  and  with  his  ol)jections 
thereto,  shall  sTaiid  as  reconsidered  in  the  house  to  which  it  is  returned. 
The  house  shall  cause  the  objections  of  the  Mayor  to  be  entered  at  large 
upon  the  journal,  and  ])rocee(l,  at  its  convenience,  to  consider  the  question 
pending,  which  shall  be  in  this  form:  "Shall  the  bill  pass,  the  objections 
of  the  Mayor  thereto  notwithstanding?''  The  vote  upon  this  question  shall 
be  taken  by  yeas  and  nays,  and  the  names  entered  upon  the  journal,  and  if 
two-thirds  of  all  the  members  elected  to  the  house  vote  in  the 
aftiiiiative,  the  jiresidiiig  ofticer  of  that  house  shall  certify  that  fact  on 
the  rolls,  attesting  the  same  by  his  signature,  and  send  the  bill,  with  the 
objections  of  the  Mayor,  to  the  other  house,  in  which  like  proceedings  shall 
be  had  in  relatiini  thereto,  and  if  the  bill  receives  a  like  majority  of  the 
votes  of  all  the  members  elected  to  that  house,  the  vote  being  taken  by  yeas 
and  nays,  the  jiresiding  officer  thereof  shall  in  like  manner  certify  the  fact 
upon  the  bill.  This  bill,  thus  certified,  shall  be  deposited  in  the  oftice  of 
the  Register,  as  an  authentic  act,  and  shall  become  an  ordinance  in  the 
same  manner,  and  with  like  etfect,  as  if  it  had  received  the  approval  of 
the  Mayor. 

For  Ordinance,  see  R.   C   Pec.   139S. 


ART.  111.  S.-I-.  28.  heaUlnul     NoTI':   (i\    l.i:(ilSl..vri  VK  I'OWKRS  OK  CITY.  315 


i,i:gisi,ativi-:   i"ii\vi;i:s    kni'Mkkatkd— limitations* 

*rt>t\t-rM  uf  iiiiiDlrl|iallt>  In  Kvucriil.  A  niiinU-ti>al  corporation  possesses  and  i-uii 
f  \*Trl80  the  followlnK  powt-rs  and  no  otIu*rs:  <1)  Those  granted  In  express 
word.".  C)  those  necessarily  or  fairly  Implied  In  or  incident  to  the  powers 
o\prwssl>  Ki'i'nted;  t3)  those  essential  to  the  declared  objects  and  purposes 
of  tlif?  ii-rporatlon — not  simply  convenient,  hut  indispensable.  And  any  fair. 
rinsonab'<-  doubt  concerninR  the  existence  of  power  Is  resolved  by  the  courts 
against  the  corporation  and  the  power  is  denied:  1  liillon  Mun.  Corp.  (4  Ed.) 
H.i.  duoiet'  and  followed  In  St.  Louis  vs.  Kalme.  ISu  Mo.  309.  314,  322:  to  same 
•  ffect.  Slati  vs.  Rutler.  178  Mo.  272.  il2  et  seq.  and  cases  cited;  St.  Louis  vs. 
Telephone  Co..  96  Mo.  623:  Independence  vs.  Cleveland.  167  Mo.  3S4.  3S8;  Joplin 
vs.  Jacobs.   119  Mo.  App.   134.  I3S. 

But  the  construction  of  power  must  not  be  so  strict  as  to  defeat  the  evident 
objects  ami  purposes  of  its  creation:  Slate  ex  rel.  vs.  Allen.  1S3  Mo.  283.  291. 
The  construction  should  be  in  accordance  with  the  Intent  of  the  charter  framers. 
In  be  gathered  from  the  language  and  object  of  the  charter  provisions,  and  giving 
that  language  an  Interpretation  neither  strict  nor  strained:  St.  Louis  vs. 
Ilerthel.  SS  Mo.  I.  c.  130.  See  to  .'ame  effect:  Railway  vs.  Railway.  105  Mo.  562, 
r.T5-E76. 

Ordinarily,  in  the  absence  of  express  authority  to  a  nuinlclpal  corporation  the 
power  to  confer  exclusive  privileges  or  monopolies,  will  nut  be  Implied  as  within 
Its  lowers:  Kirkwood  vs.  Highlands.  94  Mo.  App.  637.  644;  Carroll  vs.  Camp- 
I,.  II.  108  Mo.  557;  Freeport  Water  Co.  vs.  Kreeport.  ISO  U.  S.  587.  598;  Joplin 
vs.  Light  Co..  191  V.  S.  ISO.  Speaking  of  municipal  powers  in  general,  the  U.  S. 
Supreme  Court  says.  In  Citizens'  lly.  vs.  Detroit  Ry..  171  l'.  S.  1.  c.  53:  There  are 
reasons  "which  Insistently  forbid  that  the  future  should  be  committed  and 
I'ound  by  the  conditions  of  the  i)resent  time,  and  functions  delegated  for  public 
lurposes  be  paralyzed  in  their  exercise  by  the  existence  of  exclusive  privileges," 
citing  many  cases.  But  the  city  ma.v  exchule  Itself  from  competing  with  a  com- 
pany upon  which  It  confers  <ertaln  franchises.  If  the  terms  used  are  clear  and 
e.vpllclt:  VIcksburg  vs.  Waterworks  Co..  202  V.  S.  453;  Walla  Walla  vs.  Walla 
\>'alla  Waterworks.  172  V.  S.  1.  13-19.  But  only  by  express  provision:  .Toplln  vs. 
Light  c.     I'M   r    s    l.-.o 

.\h  t«  N|ieeine  povten  Under  the  charter  see  Charter.  Art.  I.  Sec.  1.  and  notis  also 
lowers  designated  In  this  section  (Art.  III.  Sec.  26).  The  assembly  Is  possessed 
of  the  powers  formerly  exercised  by  the  county  court;  see  paragraph  on  the 
"transfer  of  functions."  etc..  contained  in  note  introductory  to  charter  "General 
Considerations."  etc. 

i  i-ultiiiiUe  fiinelloON  iif  the  tiiiinlelpal  iiMNeiiihl.v — hi»iv  fur  Miilijeet  to  JiiilleinI 
eiinirul  —  rriiiiil.  .\s  will  appear  from  the  charter  atiil  authorities  hereinafter 
cited,  all  legislative  powers  of  the  city  are  vested  in  the  municipal  assembly, 
(subject  to  the  approval  of  the  mayor,  unless  the  bill  Is  passed  over  his  veto: 
See  note  to  Chart.  III.  Sec.  23:  also  Sec.  25  supra):  hut  this  power  Is  limited 
to  the  extent  that  all  ordinances  relating  to  public  work  or  improvements  are 
required  by  the  charter  to  emanate  from  the  Board  of  Public  Improvements  and 
which  the  assembly  cannot  even  amend,  but  onl.v  either  pass  or  reject.  (See 
Art.   VI.  Sees,  1.  14.  17.  22  and  27  and  notes  to  those  sections.) 

The  municipal  assembly  of  St.  Louis  when  engaged  In  the  passage  of  an  ordi- 
nance Is  engaged  In  legislative  functions,  and  in  doing  :io  Is  I'XercIsIng  a  part 
of  the  law-making  powers  of  the  State,  and  in  so  doing  constitutes  part  and 
parcel  of  the  legislative  department;  ond  hence  the  courts  have  no  jurisdiction 
to  enjoin  the  municipal  assembly  from  enacting  a  proposed  ordinance  or  inti-r- 
ferlng  with  It  In  any  way  whatsoever:  Albright  vs.  I-'lsher,  1G4  Mo.  56,  60,  65, 
reviewing  thu  cases  and  overruling  State  ex  rel.  vs.  Meier.  143  Mo.  439  (two 
Judges  dissenting  as  to  overruling  this  case):  State  ex  rel.  vs.  Bersh.  83  Mo. 
App.  657.  668;   (See   further,  m/xi.  this  note.) 

Knllnance.i  have  the  force  and  effect  of  laws  wilhln  the  city.  The  municipal 
assembly  Is  a  "miniature  general  assembly."  and  when  acting  within  Its  sphere 
Us  ordlnance.s  are  accorded  the  same  efToet  os  to  the  laws  of  other  legislative 
bodies:  Stole  ex  rel.  vs.  Bersh.  83  Mo.  App.  657.  668;  St.  l^uls  vs.  Koster.  5  2 
Mo.  513:  St.  I..OUIS  vs.  Bofflnger.  19  Mo.  1.  c.  15;  Taylor  vs.  Carondelet.  22  Mo. 
105:  Albright  vs.  I-'Isher,  164  Mo.  1.  c.  64  ond  cases  cited;  Keone  vs.  Cushlng. 
15   .Mn.    App    96.    101;   Railway   vs.    r.allwny.   1"5  Mo.   I.   c.   575;  Jackson   vs.    Railway. 


310  NOTE    OX    LEGISLATIVK    POWERS   OF   CITY.  [  ART.  III.  Sec.  26.  headiuE 

lis    Mo.    1.    c.    218:    Grand    Ave.    liy.    vs.    Citizens'    Ry.,    14S    Mo.    665,    671-072    and 
cases  cited. 

See  furtlier  on  this  point  comments  and  cases  cited  under  introductory  note  to 
Charter  (Art.  I). 

The  municipal  assembly  is  tlie  authorized  agent  of  the  State  so  far  as  the  State 
powers  are  delegated  to  it  by  the  charter,  and  its  acts  are  entitled  *to  the  same 
consideration  as  State  acts:  See  cases  above;  see  also  cases  cited  under  note 
introductory  to  charter.  "Genera'  Considerations  on  the  Charter":  See  further 
State  vs.  De  Bar.  5S  Mo.  1.  c.  397. 

That  the  public  are  held  to  notice  of  ordinances  within  the  city  see  note  to 
"Ordinances"    under  Charter.   Art.   Ill,   Sec.    12. 

To  the  extent  that  a  city  council  is  clothed  with  legislative  authority  from  the 
State  it  is  as  free  from  control  by  the  judiciary  as  the  general  assembly; 
but  it  differs  from  the  general  assembly  in  that  it  is  not  the  original  and 
essential  part  of  the  legislative  department  of  the  state  and  possesses  no  in- 
herent legislative  power  and  can  only  exercise  the  power  conferred  by  law; 
and  an  act.  even  strictly  legislative,  after  having  been  passed  by  such  council, 
may.  when  attempt  is  made  to  apply  it  to  the  injury  of  the  rights  of  an  indi- 
vidual, be  assailed  as  the  product  of  fraud  or  corruption;  and  the  city  council 
in  its  ministerial  functions,  or  acting  in  its  contractual  capacity,  is  under 
judicial  control:  State  ex  rel.  vs.  Gates.  190  Mo.  540.  556,  559,  citing  cases  (and 
distinguishing  Albright  vs.  Fisher.  164  Mo.  56.  which  involved  the  exercise 
only  of  legislative  power  with  which  the  court  denied  the  right  of  interference). 
See  also  Knapp  Stout  &  Co.  vs.  St.  Louis.  156  Mo.  343;  s.  c.  153  Mo.  560;  Skinker 
vs.  Heman.  148  Mo.  349.  355;  Mor.se  vs.  Westport.  136  Mo.  270.  See  other  cases 
below. 

When  it  is  said  that  the  validity  of  a  city  ordinance  may  be  attacked  after 
its  passage  on  the  ground  of  fraud  in  its  procurement  it  is  not  meant  that 
actual  bribery  or  corruption  must  be  shown,  but  it  is  sufficient  if  the  fraud 
charged  is  of  that  character  that  has  been  defined  to  be  the  willful  doing 
of  an  unlawful  act;  such  frauu  may  be  shown  by  parol  of  the  acts  of  the 
municipal  assemblymen;  and  in  a  condemnation  proceeding  the  objection  of  invalid- 
ity may  be  made  by  the  property  owner  without  formal  pleadings;  the  courts 
will  look  through  any  sham  of  the  municipal  assembly  and  see  the  truth,  and 
the  best  evidence  obtainable,  whether  documentary  or  oral  understandings,  will 
be  received  to  show  the  rf:il  purpose  of  the  ordinance:  Kansas  City  vs. 
Hyde.   196  Mo.  498. 

But  generally,  in  attacking  an  ordinance  as  having  been  procured  by  fraud,  or 
illegal  influence,  it  is  absolutely  essential  to  plead  the  acts  which  constitute 
the  alleged  fraud  and  invalidate  the  proceedings:  Paving  Co.  vs.  Field,  188  Mo. 
182,  203:  Nagel  vs.  Railr.iad,  167  Mo.  89;  Knapp  Stout  Co.  vs.  St.  Louis,  153  Mo. 
560;   s.   c.   156  Mo.   343. 

Ordiniinoes  jire  presiinipf ively  vuliil,  and   the  burden   to  show   the   contrary,   or 

that  the  legal  steps  required  in  their  enactment  have  not  been  observed,  is  -on 
the  party  attacking  it:  See  "General  Note  on  Ordinances"  to  Charter.  Art.  III. 
Sec.   12,   and   cases   there   cited. 

When  oppres.sive  or  uiirt'iiNonnlile.  But  even  if  an  ordinance  is  legally  enacted 
•  and  within  the  scope  of  municipal  power  over  the  subject,  the  courts  will 
declare  it  void,  if  it  is  unjust,  oppressive  or  unreasonable,  but  a  clear  case 
must  be  presented  to  warrant  a  court  in  annulling  the  ordinance:  St.  Louis  vs. 
Weber.  44  Mo.  547  (prohibiting  meat  shops  in  new  city  limits  upheld):  Spring- 
field vs.  Jacobs.  101  Mo.  App.  339.  342.  citing  numerous  cases  and  text  writers 
(license  tax  held  void):  Gratiot  vs.  Mo.  Pac,  116  Mo.  450,  467  (railroad  speed 
ordinance  held  valid):  Neir  vs.  Mo.  Pac.  12  Mo.  App.  25  (same);  Zumault  vs. 
K.  C.  Line,  71  Mo.  App.  670,  676  (same  held  void):  White  vs.  Railroad,  44  Mo. 
App.  540;  Plattsburg  vs.  Hagenbush,  98  Mo.  App.  669  (same):  Skinker  vs.  Heman, 
148  Mo.  349,  citing  numerous  cases  on  p.  356  (upholding  special  tax  legislation); 
Hannibal  vs.  Tel.  Co.,  31  Mo.  App.  23  (holding  ordinance  to  change  location 
of  telephone  poles  as  previously  authorized  to  be  void  where  no  reason  therefor 
existed);  Lamar  vs.  Weidman.  57  Mo.  App.  507  (ordinance  requiring  all  weighing 
on  scales  to  be  void):  Cape  Girardeau  vs.  Riley.  72  Mo.  220  (ordinance  allowing 
attorney  fee  in  collecting  tax  is  void). 


AKT   III.  Sec.  2«.  heartlnK  I     NOTi:  ON   I,i:C.lSl,.\TIVK  I'l  i\VI:RS  OK  CITY.  3I7 

.\nd  at  all  ovonts  where  the  ordinance  Is  sustainable  only  under  a  general  grrnnt 
ui  power  and  not  specific  authority,  the  reasonahleness  thereof  may  be  In- 
quired Into  by  the  courts:  Sprln^tleld  vs.  Starke.  93  Mo.  App.  TO.  77;  St.  Kouls 
vs.  Heltzeberg.  HI  Mo.  37."i  (hiildlne  void  ordinance  prohibiting  emission  of 
smoke). 

See  as  to  power  to  enact  ordinances  respecting  nuisances,  note  to  Rev.  Code, 
Ch.   II.  Art.  12  (Sees.  584    ,/,,,). 

But  In  the  exercise  of  powers  specltlcally  and  directly  granted,  the  municipal 
authorities  are  beyond  the  control  of  the  courts  and  act  legislatively:  and  their 
discretion  cannot,  at  least  In  the  absence  of  fraud,  or  caprice,  be  reviewed 
Judicially  (most  of  the  instances  npplylhg  this  ruie  are  those  of  special  taxa- 
tion): Prior  vs.  Construction  Co..  170  Mo.  439.  4r>l:  Sklnker  vs.  Ileman.  14S  Mo. 
349,  355-356.  citing  numerous  cases;  llenutn  vs.  Schulte.  IG6  Mo.  409;  Heman  vs. 
Franklin.  99  Mo.  .\pp.  34«;  Heman  vs.  Allen.  150  Mo.  534;  Morse  vs.  Westport,  136 
Mo.  276;  Uxmar  vs.  Weldnian.  57  Mo.  App.  I.  c.  513;  Kansas  City  v.s.  Trieb.  76  Mo. 
App.  47s.     And  as  to  avoiding  ordinances  for  fraud,  see  this  note  above. 

Thr  rnriircfiiK-nt  uf  vnlil  nrdlnnnerH  by  the  cit.v.  threatening  a  multiplicity  of 
sult.-i    imi\    I ni.iln.d:    Sylvester  Coal  Co.  vs.  St.  Louis,  130  Mo.  325. 

I  iiiMiibnrl/.ed  ordlnnneeii:  An  ordinance  is  void  which  conflicts  with  a  charter 
provision,  or  which  is  not  authorized  by  the  charter,  or  Is  not  enacted  in  essen- 
tial matters  as  the  charter  provides.  All  powers  of  the  municipal  assembly  eman- 
ate from  the  charter  and  must  there  find  their  support  as  the  source  of  author- 
ity: St.  Louis  vs.  Kalme.  ISO  Mo.  309;  State  vs.  Butler.  178  Mo.  272,  299;  St. 
I>iuls  vs.  Clemens.  43  Mo.  395.  404.  Ruggles  vs.  Collier.  43  Mo.  353.  375;  Carr  vs. 
St.   Louis,  9  Mo.   190;  State  ex  rel  vs.  .Tohnson,   123  Mo.  1.  c.  50. 

In  some  respects  the  charter  stands  to  the  ordinances  as  the  constitution  does  to 
the  statutes:  Quinette  vs.  St.  Louis.  76  Mo.  402.  404;  "the  charter  Is  the  city's 
constitution  and  the  common  council,  with  the  mayor's  approval  is  Its  legislative 
body":  per  Gill.  In  Forry  vs.  Ridge.  56  Mo.  App.  1.  c.  624  (holding  that  a  .meet- 
ing of  the  council  In  Kansas  Cit.v  is  void  if  not  at  the  time  and  place  authorized 
by  the  charter). 

A  large  municipal  body,  entrusted  with  theexecutlonof  a  power,  must  be  allowed 
some  discretion  In  the  choice  of  means,  unless  it  appears  that  It  was  plainly  In- 
tended to  confine  It  to  a  prescribed  mode:    Page  vs.  St.  I-ouis.  20  Mo.  136.  142. 

That  ninttera  of  furin  prescribed  by  charter  In  enacting  an  ordinance  are  usually 
directory  only,  and  a  departure  therefrom  not  fatal:  see  note  to  Art.  III.  Sees. 
12  and   13.  and  authorities  there  cited. 

lj'nc«rtaliit>-  and  vaKurupmi  may  be  such  as  to  Invalidate  an  ordinance  (Ramsay 
vs.  Field.  92  So.  W.  :',.'iii  (Kans.  City  Ct.  App.);  See  State  vs.  Railway  Co..  146 
Mo.  155.  holding  a  statute  void);  but  a  reference  to  specifications  on  file  In  an 
official  office  Is  enough  on  that  subject:  Asphalt  Co.  vs.  Ullman.  137  Mo.  543, 
571;  Becker  vs.  Washington.  94  Mo.  375,  380;  Sheehan  vs.  Gleason,  46  Mo.  100 
(In  which  the  court  says:  "An  ordinance  may  lack  desirable  precision,  and 
still  may  so  provide  for  the  manner  In  which  an  Improvement  shall  be  made, 
and  be  such  a  compliance  with  the  law.  although  a  loose  one.  that  the  courts 
would   not   be  authorized   to   invalidate   the  action   of   the  cUy  officers  under  It.") 

DrlrKnllnD  of  nii<liorl(r  hy  «lie  anneinbly.  The  general  rule  Is  that  powers  which 
ar.'  b(cl«lntlve  In  tlielr  iiaturc  ciun.it  be  delegated  by  the  municipal  assembly 
as  that  Is  the  purpose  of  its  creHtlon  but  powers  that  are  merely  ministerial, 
renulrlng  no  legislative  discretion  may  be  delegated:  Ruggles  vs.  Collier.  43  Mo. 
353.  365  (no  authority  to  delegate  c|uestlon  whether  repaving  to  be  done); 
St.  Louis  vs.  Clemens.  43  Mo.  39'..  40J-  ».  c.  52  Mo.  133  (no  authority  to  dele- 
gate determination  of  dimensions  of  sewers):  Nelll  vs.  Gates.  152  Mo.  585.  594 
(.lame);  St.  I»uls  vs.  Russell.  116  Mo.  248.  255  (no  power  to  delegate  power  to 
determine  location  of  livery  stable  to  lot  owners):  St.  Louis  vs.  Howard,  119  Mo. 
11.  47  (no  power  to  permit  slaughter  house  location  to  be  determined  by  ad- 
jacent occupants  of  houses);  Tipton  vs.  Norman.  72  Mo.  1.  c.  384  (power  to  pro- 
vide for  the  convenient  and  proper  work  provided  by  ordinance);  St.  Louis  vs. 
Ijimp  Co..  139  Mo.  560  (authorizing  assembly  to  provide  for  a  board  to  examine. 
In  behalf  of  the  city,  applicants  for  licenses  as  engineers,  dentists,  etc^.  Such 
ordinances   are     In     nature     of    police    functions):      See    Fisher    vs.    St.    Louis.    194 


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Hiouifi.  1L2  300.  #^1^. 
<Ck];ai]iniifN.*««  tiff  oi  (ik<'  Suv 

IFUftiahu;  lU.  aiij.  MS.  aT>6.  „  mnnfidiiiifl  UmiOs  bhw  wailiB:  ff»ei*!mF  tti. 
ato-  .a,T!U-  :*«S:  so.  .nrfliranroet^^jj  -HUg^sn  i?e.  !EB*»>er  _a.-Jailiati  Go.,  a  OCT 
IIiouiE,  raffijer  Jhe  CTimuil  -w-be  ,al.  m-tne:  3n«j'or  '.raiB  ■dm-  council  iff  St. 
man.  Itiiit  ilMfiin=E?  mhe  ^aflmttiini  i„.  aanpfiiini  iff  «!»  .Saheme  mff  sesncra- 
■vfi.  limaell.  7Z2  aio.  iutfc.  airtimimg  .-     ij^    „m    msueBfimlitj-    waiB::      AflBinjE 

aoD.  '.:^ip.  ITS.  iet::.  ^qp.  nar;;;;  igt.  jluxiiw  \»!b.  snx&bafl.  as 

ff?iiiMiU!uij(i»n  <iff  'Uimrttn-  lunil  'iiviUiinau 

Iprm-isimiE  irr  -cwn  ordhiEUt^t*.  innb  i,,.  -vWihane  tflhene  aira- tCsw)  iiiliBirtBar 
«P«eia;  .ivtui  iiarticuUtr  ujiuii  xhv  sulot-;^  siilasat.  trot-  iff  -m-lhicb  is 
stanahic   aicmt-  Ji   ^wnuiB    cn.x'er  t6lit  ^BEmHt^    .ittrtter    :gener.B:l    ac    IliBQ    JI 

-•n'scia;  »tn..  ti»i  i^wcial  i.-   -..i -  -..^   ^"nB  -wimlii    mranitit  wjlti   the 

•Sl-K:  SiMefaenten^  a>e.  2..  .„„jg  .^   Eatime.  a-Bii  JBu.  SOS., 

•CampJ'«ll  -vs.  St.  n_  *  *       ,  ,.£.  lEiiElar,  !17«  mo    ■-  :     ■■■■'■: 

<{Ei!P.  (Dt.  Mn..  atec  :22.  aauti '  aeidbE  ^hs.  3B«r!ciI. 

'IThe  3jrri.\!taionE  O!  ithe  .iihari«r  miuHi  bt-  «. 
<tff  ttham:     Hill  .^-e  '«t   iLniire  InP  »n.  i.  .£.  IliS%  tEhfia  rfEeett  ae  ©i-  ■ 
\r-«Ffliii  ,VE.  .fit  -2:i: -HaiiUM;  ^.B.  !LBi»e.  aiW  Mto   -»■  i^.  .Si^M 

(ffiUP.  iDt.,  IB>e-.  ;y   ^jf[,  .go.  ■S^'sst,  niSii.  1.  c.  rrvJ! 


318  NOTE   ON    LEGISI.ATIVE   POWERS   OF   CITY.      [ART.  III.  Sec.  26.  heading. 

I'.  S.  1.  c.  .371-372  ("the  autliorit>'  to  delegate  that  discretion  [singling  out 
persons  for  certain  privileges]  to  a  board  appointed  for  that  purpose  is  sus- 
tained by  the  great  weight  of  authority  [citing  cases]  and  by  this  court  the  dele- 
gation of  such  power  even  to  a  single  individual,  was  sustained  in  Wilson  vs. 
Eureka   City.    173    U.    S.    32.   and   Gundling   vs.    Chicago.    177    I'.    S.    1S3.') 

The  tendency  of  the  later  cases  is  to  enlarge  the  power  of  delegation  and  make 
many  acts  valid  that  formerly  would  have  been   held  unauHiorized. 

As  to  delegation  in  case  of  street  improvement  ordinances,  see  cases  in  note  to 
Charter.  Art.  VI,  Sec.  15. 

See  further  as  to  when  power  niaj'  he  delegated  as  ministerial  the  special  sub- 
jects in  connection  with  which  tlie  point  is  involved. 

But  an  ordinance  may  be  made  to  go  into  effect  on  a  future  contingency, 
dependent  on  the  action  of  certain  persons,  and  this  is  not  a  delegation  of  legis- 
lative power;    See  cases  in  note  to  Art.  Ill,  Sec.  21  of  Ciiarter. 

Delegation  of  State  power  to  city  is  lawful:  See  note  introductory  to  the 
Charter. 

l.oj;;iNlntiiin  by  reNiiliition  or  penitit.  By  the  charter  the  mayor  is  a  part  of 
the  law-making  or  nrdinance-emicting  power  of  the  city  government  and  his 
concurrence  in  legislative  action  esser.tial  to  its  validity,  unless  the  ordinance 
is  passed  over  his  veto:  See  note  to  Art.  Ill,  Sec.  23,  citing  State  vs.  Butler.  178 
Mo.  1.  c.  340:  State  ex  rel.  vs.  Carr,  67  Mo.  3S  and  other  cases;  see  also  50  Mo. 
488;  60  Mo.  153.  St.  .Joseph  vs.  Wilshire.  47  Mo.  App.  125;  Silvester  v.s.  St.  Louis, 
164  Mo.   601. 

A  resolution  cannot  accomplish  that  which  is  reiiuired  to  lie  done  by  ordi- 
nance: See  Young  vs.  St.  Louis.  47  Mo.  4'.i2  1.  c.  495;  Cape  Girardeau  vs. 
Fangen,  30  Mo.  App.  551;  Trenton  vs.  Coyle.  107  Mo.  193,  and  cases  there  cited; 
Nevada  vs.   Eddy.  123  Mo.   546;  Reed  vs.  Peck.  163  Mo.   333. 

'-.^  ^     Unless  the  action  termed  a  resolution  be  in  fact  enacted  with  all  the  requisites 

V,     of   an    ordinance    and    in    fact   is   such:      Tipton    vs.    Norman.    72    Mo.    380    1.    c.    384; 

"Springfield    vs.    Knott.    49    Mo.    App.    612:    Crebs    vs.    Lebanon,    98    Fed.    549.      As    in 

ca«e   of  a   resolution   bei:ig  ratified   by   a  subsequent   ordinance:      State  ex    rel.    vs. 

Milling  Co..    156    Mo.    620. 

And  it  Vi'ould  seem  where  the  assembly  alone  has  power  to  act,  (the  concur- 
rence of  the  mayor  not  being  required)  a  resolution  is  sufficient:  See  156  Mo. 
1.  c.  632,  citing  liichenlaub  vs.  St.  Joseph,  113  Mo.  1.  c.  402;  Alma  vs.  Bank,  60 
Fed.  203;  s.  c.  8  V.  S.  C.  C.  A.  564,  567. 

So  where  an  ordinance  is~f<?q^u1red.  a  mere  order  or  permit  of  the  mayor  without 
action    of    the    assembly,    confers    no    authority    and    Is    void:     Lockwood    vs.    Ry., 

122  Mo.    86;   see  also  Carroll   vs.   St.    Louis.   12  Mo.    444. 

OrdiuunifH  of  u  <Ie  faelo  lei^iKhitivt"  iiiiinieipnl  body  are  valid:  Perkins  vs. 
Fielding.  119  Mo.  149.  159.  and  cases  cited;  Hilgert  vs.  Barber  Asphalt  Co..  107 
Mo.  App.  385;  so,  ordinances  passed  by  acting  mayor  and  city  council  of  St. 
Louis,  after  the  council  was  abolished  by  t(ie  adoption  of  the  Scheme  of  separa- 
tion, but  before  the  adoption  was  known,  is  not  necessarily  void:  Adams 
vs.  Lindell,  72  Mo.  198,  affirming  s.  c.  5  Mo.  App.  197:  St.  Louis  vs.  Stoddard,  15 
Mo.  -App.   173.  177. 

(oii.sf  riie(i4»ii  of  clijirler  ami  ordinance  pro^  iNioii;^.  Where  there  are  two  charter 
provisions,  or  two  ordinances,  both  on  the  same  subject,  one  of  which  is 
special  and  particular  upon  the  subject,  and  th«  other  general  so  that  if 
standing  alone  it  would  cover  the  same  subject,  and  would  conflict  with  the 
special  act.  the  special  act  controls  the  general:  St.  I'youis  vs.  Kaime,  180  Mo.  309, 
318;  Ruschenberg  vs.  Railroad,  161  Mo.  70.  82;  State  (vs.  Butler,  178  Mo.  272,  302; 
Campbell  vs.  St.  L.  &  S.  Ry.  Co.,  175  Mo.  161,  176-177;  Jaicks  vs.  Merrill,  98  S.  W. 
(Sup.   Ct.   Mo.,  Dec.   22.   1906)    1.   c.   757.  * 

The  provisions  of  the  charter  must  be  so  construed  that  effect  is  given  to  all 
of  them:  Hill  vs.  St.  Louis,  159  Mo.  1.  c.  168;  St.  LouiSi  vs.  Lane,  110  Mo.  I.  c.  258; 
Verdin  vs.  St.  Louis.  100  Mo.  1.  c.  122;  Jaicks  vs.  Merrill.  98  So.  West.  755,  I.  c.  757 
(Sup.   Ct.,   Dec.    22,    1906). 


ART.    III.    Si-c.    26.    IX'iiilinK.I      NOTK    ON    LKOISI.ATl  VK    I'dWlCRS    OF    CITY. 


3m 


Construction  of  urillnnncfs  Is  for  tin'  coint  ami  slioiilil  not  lif  l<ft  to  tl\o  Jury: 
Barton   vs.  Odessa.   109  Mo.   App.   76. 

So  the  validity  of  an  ordlnnnoi-  ran  nfVir  li<'  lift  to  (lif  Jury:  Kruln.  ftc.  v.s. 
Gflst.    37   Mo.    App.    I.    c    316. 

rhartt-r  provlslt^ns  an*  ronstrufd  against  tlu-  iinitliratlon  of  ixtwt-rs  not  <'\- 
priKsly  Krantrd.  tiut  not  so  strictly  as  to  defeat  the  municipal  oliji-cts:  See  para- 
Kraph  In  this  note  "Powers  of  Municipalities,"    sufra. 

Nor  should  an  ordinance  be  so  strictly  construeil  as  to  defeat  the  lnt>'nt  thereof, 
even  In  case  of  a  puhllc  Improvement  to  be  paid  for  by  special  tax  bill:  See 
cases  cited   In   note   to   Art.   VI,  Sec.   25. 

In  construlnK  municipal  ordinances  deallnK  with  Important  subjects  it  may 
ri'asonably  be  presumed  that  no  provision  escaped  attention  or  was  misunder- 
stood:    Cleveland   vs.   Electric  Ry..   201    V.  S.   .Sl-'K. 

The  title  of  an  ordinance  may  be  considered  In  Its  intirpntatlon :  St.  Louis  vs. 
Robinson,   135  Mo.   460,  470. 

As  to  construction  of  penal  ordinances  and  their  enforcement  in  police  courts 
see  note  to  Rev.  Code.  Sec.  1205  (cItInK  amontrst  otIiiTS  St.  Louis  vs.  Robinson, 
135  Mo.   460,  470.) 


Rule  of     rjusdem    eeiirris:         St.    Louis    vs.     LaUKhlin.    4lt    Mo. 
Herthel,  SS  Mo.    12S:  St.   Louis  vs.   Bell  Tel.  Co..  !I6  Mo.   623.  629. 


St.    Louis    vs. 


The  municipal  assemhi.v  may  define  the  terms  used  in  an  ordinance  In  the 
same  manner  as  the  general  assembly:    St.  Louis  vs.  Weltzel.  130  Mo.  600. 

.\s  to  certain  rules  of  construction  of  ordinances,  providr-d  for  hy  the  ordinances 
of  St.   Louis,  see  Rev.  Code.  Sees.   1400-1410. 

In  the  construction  of  ordinances,  as  in  casi*  of  statutes,  the  courts  lean  to  a 
construction  which  favors  and  upholds  their  constitutionality  (Brown  vs.  Ry.. 
137  Mo.  529:  Lamar  vs.  Woldman.  57  Mo.  App.  1.  c.  513  citing  St.  Louis  vs. 
Griswold.  58  Mo.  192:  State  vs.  .Able.  65  Mo.  357:  and  see  on  this  point  cases 
cited  under  the  foregoinar  paragraplis  that  ordinances  are  prima  facie  valid,  etc.) 
But  this  rule  onl.v  applies  where  the  ordinance  is  .'mlhorized  by  the  charter: 
State  vs.  Butler,  178  Mo.  272,  311. 

Where  the  construction  upholds  an  ordinance  partially-,  as  to  whether  the  whole 
ordinance  Is  void  or  not.  see  cases  on  "partial  Invalidity  of  ordinances"  in  note 
to  Sec.   12  of  Art.  III. 

I.lnhlllty  of  elty  pxerelMinK  leitlnlnllve  or  iiiinlKterlni  riinetionH.  As  to  liahlllty 
of  I'lty  for  defective  highways  and  sewers,  see  i-.ises  in  note  to  Chart.,  Art  III. 
Sec.  26.  clause  2:  chang--  of  grade,  note  to  Art.  VI.  Sec.  19:  condemnations  for 
public  use.  Art.  VI.  Sec.  1:  nuLsances.  see  head  note  to  Rev.  Code,  Chap.  11,  Art. 
11,  on  "nuisances."  preceding  Sec.  584. 

.\s  to  liability  of  officers  of  city  see  note  to  Art.   IV,  Sec.   43. 

The  senernl  rule  Is  that  the  city  Is  not  liable  for  damages  resulting  from  acts 
done  or  omitted  by  It  or  Its  officers  In  the  exercise  of  Its  legislative,  public  or 
governmental  eai>ai-lty.  but  Is  liable  for  damages  resulting  from  negligence  In  Its 
ministerial,  private  or  proprietary  capacity:  Kly  vs.  St.  I>ouls.  181  Mo.  724: 
ninsmore  vs.  St.  Louis.  192  Mo.  255;  Ruppenthal  vs.  St.  I^uis.  190  Mo.  213: 
Murtnugh  vs.  St.  Louis,  44  Mo.  479:  Barree  vs.  Cape  Girardeau.  197  Mo.  382; 
Donohue  vs.  Kansas  City.  136  Mo.  657:  Heller  vs.  St.  Louis.  53  Mo.  159;  McKenna 
v.s.  St.  I^uls.  6  Mo.  App.  320;  I'Irlch  vs.  St.  Louis,  112  Mo.  138;  .lohnston  v.s.  Dlst. 
Col..  118  r.  S.  21;  Gulath  vs.  St.  Louis.  179  Mo.  38;  Fuchs  v.s.  St.  I^uls.  167  Mo.  620; 
St.  Louis  vs.  Gurno.  12  Mo.  414;  Foster  vs.  St.  I^ouls,  71  Mo.  157;  Kansas  City  vs. 
I^-men.    57    Fed.    (C.    C.    A.)    905. 

Hence  the  city  Is  not  liable  for  failure  to  enforce  Its  own  orillnances:  Kiley 
vs.  Kansas  City.  89  Mo.  103;  Armstrong  vs.  Brunswick.  79  Mo.  319:  Moran  vs. 
rullman  Car  Co..  134  Mo.  641.  651;  llarman  vs.  SI.  U)uis.  137  Mo.  494.  499;  Loth 
v.s.  Columbia  Theatre  Co.,  197  Mo.  328.  357  and  ca.ses  cited  on  p.  358.  Nor  for  cases 
of  defective  legislation:  Carroll  vs.  St.  L«uls.  4  Mo.  App.  191;  Saxton  vs.  St. 
Joseph.  60  Mo.  153.  Nor  where  Its  officers  act  under  a  void  ordinance  believed 
to  be  valid:  Worley  vs.  Columbia.  88  Mo.  106:  nor  for  a  trespass  committed  by 
Its   officers:     Quinn    vs.   Schneider,    118   Mo.    App.    39. 


330  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.      [ART.    III.    See.    26.    Clause    1. 

l.iiiUillty  of  private  |iersuii»«  inter  sese  for  violation  of  ordinance.^  \vas  long 
a  mooted  question  in  Missouri.  It  is  now  lield  tliat  l.  violation  of  a  police 
regulation  ordinance  affords  the  basis  ot  a  civil  liability  in  favor  of  one  injured 
in  consequence  thereof:  See  authorities  cited  in  note  to  Sec.  1864  of  Rev.  Code, 
especially  Sluder  vs.  Transit  Co..  189  Mo.  107.  where  the  question  is  elaborately 
discussed  and  the  authorities  on  both  sides  are  fully  collated  in  both  the  majority 
and  dissenting  opinions,  with  suggestions  as  to  the  limitation  as  well  as  applica- 
tion of  the  principle  involved.  That  case  has  since  t<.-en  uniformly  followed  as 
the  law  of  the  state. 

Sec.  26.    Liegislative  powers  vested  in  Mayor  and  Assembly — 

The  Mayor  aud  Assembly  sliall  liave  power  within  the  eity.  by  ordiiiauoe  not 
inconsistent  with  the  constitution,  or  any  law  of  this  State,  or  of  this 
charter — 

First — To  levy  and  collect  taxes,  l>orrc)w  and  appropriate 
money. — To  assess,  levy  aud  c(dleet  all  taxes  fur  treiicra]  aud  .special  ]iui-poses, 
on  real  and  personal  iir(ii)erty  and  lieeuses  aud  on  any  (ir  all  of  the  subjects  ur  ob- 
jects of  ta.xation  which  the  municipality  may  tax  under  the  Constitution 
and  hiws  of  this  State ;  to  borrow  money  on  the  faith  and  credit  of  the  city, 
by  the  issue  or  sale  of  bonds  or  notes,  for  such  amounts,  aud  for  such  time, 
and  for  such  purpose  as  may  be  required  for  current  expenses,  and  for  pay- 
ment of  maturing  bonds  and  for  such  other  purposes  as  may  be  authorized 
by  tliis  Charter  or  by  the  Constitution  of  this  State  in  force  at  the  time; 
but  no  note  for  the  purpose  of  borrowing  money  shall  be  made  or  issued 
for  a  longer  period  than  twelve  months;  to  approjiriate  the  money  of  the 
city  for  legitimate  purposes,  and  provide  for  its  debts  and  expenses. 

Negotiable  bonds  of  the  city  in  the  form  of  coupon  bonds  or  registered 
bonds  or  both,  or  coupon  bonds  with  the  privilege  of  registration,  may  be 
issued  from  time  to  time  within  the  limits  prescribed  by  the  Constitution 
of  tliis  State  in  force  at  the  time  for  any  one  or  more  of  the  following 
purposes,  to-wit : 

1.  For  the  completion  of  the  City  Ilall  in  progress  of  construction. 

2.  For  the  construction  and  extension  of  water  works  or  the  purchase 
of  the  same,  and  the  purchase  of  any  laud  for  that  purpose,  bonds  for  this 
l)ur])Ose  to  be  issued  so  as  to  comply  with  the  provisions  of  the  Constitu- 
tion in  force  at  the  time  of  "the  issue  thereof. 

3.  For  the  construction,  reconstruction  and  extension  of  jniblic  sewers 
and  the  purchase  of  land  for  such  purpose. 

4.  For  the  construction  and  reconstruction  of  buildings  for  the  Fire 
Department,  and  the  purcha.se  of  sites  for  such  buildings. 

o.  For  the  construction,  reconstruction  and  extension  of  bridges  and 
viaducts,  and  the  jmrchase  of  land  for  such  purpose. 

0.  For  the  construction,  reconstruction  and  extension  of  hospitals. 
Insane  Asylum,  Poor  House,  and  the  House  of  Kefug.-.  and  tiie  purchase 
of  sites  for  the  same. 

7.  For  the  construction,  reconstruction  aud  ext(>nsioii  of  court  Jiouses, 
jails  and  work  houses,  and  the  purchase  of  sites  for  tiie  same. 

8.  For  the  creation  and  laying  out  of  public  jLirks  and  squares,  and 
the  jmrcliase  of  land  for  the  same. 

!).  Fill-  the  construction,  reconstruction,  purchase,  acquisition  or  ex- 
tension of  any  other  public  buildings  or  any  other  public  improvements  of 


ART   III.  Sec.  2«.  Clause  1. 1         CHAFtTKR  OV  THE  CITY   OF  -ST    I.Ol'IS.  321 

;i  pcrniaiiciii  cli:ii:i(tcr  which  Ihc  rity  is  op  may  lie  iuithoriw^l  or  |ierinitt<>(l 
iiiKh'i-  i(.s  clKiricr  to  coiLstriii-l.  reconstnicl.  piircliasc,  a<'(|iiir(>  or  cvlcml, 
ami  also  lo  imi-fhasi'  land  for  llic  same,  and  llic  I'liuincralion  of  the  specific 
[nii-|pn.scs  iiiilic  |in'ii'<lini;  jiarajjraphs  niimlpfi-i'd  one  lo  ci^lif.  iiiriii.sive, 
shall  not  lie  cunsti-iicd  lo  (|nalil\  of  limit  the  general  pfovisions  of  this 
paraj^iapli  nim-. 

1(1.      For  iflnndinj;  or  renvwinj;  fmm  lime  lo  limi'  any  Iximlcd  indi'ht 
cdiH's.s  of  the  city  c.xi.st  iiij^  at  the  tiinc. 

No  Imnd.-i  lA'  I  he  city,  except  liouds  lHy  itI  uiMJilij;  of  fcnewin^'  homh'd 
indehtedness.  shall  he  issued  nndef  the  |>i'ovisions  of  lliis  Tafajifaph  First 
of  Section  L't;.  withotil  Ihe  assent  of  two-thirds  of  the  (ptalilied  voters  of  fhe 
city  votiii;;  at  an  election  to  he  iudd  for  (iiat  piir|iose.  The  Mayor  and  As- 
sembly may  from  lime  to  time  by  ordinance  prescriiie  the  manner  of  hold- 
iufj  sneli  election,  tiie  time  and  manner  of  ^ivinjj;  notice  of  siicii  election,  the 
form  of  i|ne.stion  to  he  sii))milted.  the  foi-m  of  ballot  and  the  method  of  con- 
ducliiif:.  canvassinji  and  declarini;  Ihe  result  of  sncli  election,  and  ail  such 
other  proceedinf:s  and  tliiii;;s  as  may  be  necessary  or  proiier  lo  do  with 
respect  lo  any  such  election,  and  Ihe  issue  and  sale  of  .such  bonds.  It  shall 
not  be  neees.sary  in  the  ordinance  calling:  the  election,  in  the  notice  of 
election,  in  tiie  (piestion  submitted,  or  in  the  ballot,  or  in  any  of  Ihe  matters 
precedinj;  Ihe  said  election,  for  the  Mayor  and  Assembly  to  state  the  amount 
of  bonds  iirojosed  to  be  issued  for  each  pui'|(ose,  but  it  shall  be  sufticiiMit 
if  the  ordinance  ami  notice  tA'  election  state  the  total  amount  of  Ihe  bonds 
proposed  to  be  \(»led  Upon  at  the  part  icular  elect  ion  then  to  be  held,  and  in 
•;enei-al  lanj;uajie  the  imrpose  or  purjioses  for  \\liich  such  total  amount  of 
bonds  is  to  be  issued,  and  if  two-thirds  of  ihc  \<ihis  of  the  ciiy  votin};  at. 
sMcli  election  assent  to  the  issuance  of  such  amount  of  bonds,  then  such 
ymount  of  bonds  may  be  issued  and  such  bonds  or  tlie  proceeds  thereof  may 
from  time  to  time  by  ordinance  be  a|i|iroi>riated  by  the  May<n-  ami  Assem- 
bly in  sin-li  .-iinount  or  amounts  as  they  may  determine  to  Ihe  piirj)ose  or 
pui-poses  for  which  such  total  amount   was  voted. 

Such  bonds,  after  liavinj;  been  assented  lo  by  the  \dteis  of  the  city  as 
.•iforcsaid,  may  1h>  i.ssned  from  time  to  time  in  such  amounts,  not  e.xceedinj^ 
ill  the  a^};re;iate  the  total  amount  as.sented  to  In  ilir  voters,  and  in  sticli 
form  and  containiii';  such  recitals  and  provisions,  and  jiayable  in  siicli  kind 
of  money,  and  bearin;;  such  rates  of  interest,  and  executed  by  such  exi-cu- 
live  ofliccrs  of  Ihe  city,  and  sidd  at  public  or  private  sale  by  such  oflicers 
am]  in  such  manner  as  may  from  time  to  time  be  prescribed  by  ordinance. 
Kefumliiij;  or  renewal  bonds  as  aforesaid  may  be  so  issued  from  lime  lo 
lime  without  any  vole  of  the  voters  of  the  city. 

r.onds  issued  under  the  ])rovi8ions  of  this  Para^rrajdi  First  of  Section 
■Jt'i.  reipiirinj;  the  assent  of  llie  voters  of  the  ("ily  of  St.  Louis,  undei-  iIh- 
» ■onslilution  of  the  Slate,  may  Ih'  m;ide  jiayable  at  such  limes  that  one 
iweiilielh  of  tlie  total  amouni  of  each  issue  of  such  bonds  shall  be  payable 
••ach  year.  be;;innin;;  one  year  frtun  the  date  of  the  bonds.  :ind  so  that  Ihe 
entire  amount  of  each  issue  «)f  such  bonds  shall  be  p.-iid  within  twenty  _\ears 
from  the  date  thereof,  the  city  shall,  before  or  at  Ihe  time  of  issuing;  of  any 
such  bonds,  provide  by  ordinance  for  the  collection  of  an  annual  lax  snfti 
cient  to  pay  Ihe  interest  on  such  bonds  as  it  falls  ilne.  and  also  sufficient 
to  constitute  a  sinkin;:  fuml  for  the  pa,Mnenl  of  one-l  went  ielli  of  the  pi'.n- 
<-ipal  iheieof  aiinnally.  and  for  the  payment  of  Ihe  entire  princip.il  thereof 
within    twenty    years    •'••om    tin-   lime  of   coiitra«-tin};    the    indebtedness   evi- 


322  CHARTER   OF   THE   CITY    OF   ST.    LOUIS.       [ART.  Ill,  Sec.  26.  Clause  •-!. 

denep<i  hy  siicli  IkhkIs;  oi-  rlio  entire  issue  of  such  bonds  may  W  made  pay- 
able at  aii\  one  time  not  exceeding  twenty  years  from  their  issue,  and  the 
city  shall.  Iiefoie  oi-  at  the  time  of  issuing  any  such  bonds,  provide  by  ordi- 
nance foi-  tlie  collection  of  an  annual  tax  sufficient  to  pay  the  interest  on 
such  bonds  as  it  falls  due,  and  also  sufficient  to  constitute  a  sinkiHg  fund 
for  tlie  j)ayment  of  the  entire  principal  thereof  within  twenty  years  from 
th(>  time  of  issuing  the  same. 

Tiie  authority  above  given  to  issue  bonds  for  any  of  the  purposes  afore- 
said is  cumulative,  and  .shall  not  be  construed  to  take  away,  affect  or  impair 
any  authority  of  the  city  or  any  of  its  officers  to  make  any  public  im])rove- 
ments  under  any  other  provisions  of  the  charter  of  the  city  or  of  the  laws 
of  the  State.  Init  the  authoi-ity  above  given  shall  be  construed  as  an  addi- 
tional  iinthority. 

AiuenduiontH;  This  (first)  paragraph  "was  last  amended  at  the  charter  amend- 
ment cli'ction  (held  on  June  23,  1903,  pursuant  to  ordinance  No.  21105.)  It 
amended  the  former  provision  hy  designating  specifically  the  objects  for  which 
bonds  could  be  issued,  it  being  deemed  doubtful  whether  such  power  existed 
under  the  former  general  provision.  The  amendment  added  that  portion  beginning 
with  "Negotiable  bonds  of  the  cit>-,"  et<  ,  to  end  of  clause.  The  city  availed 
itself  of  these  powers  at  the  bond  election  on  June  12.  1906.  in  pursuance  of  ordi- 
nance 22366  and  the  issuance  of  bonds  was  authorized  tor  each  subject  enumer- 
ated in  the  nine  clauses.  This  section  had  also  been  amended  at  the  charter 
amendments  election  of  Oct.  22,  1901,  pursuant  to  ordinance  20444.  The  issuance 
of  the  bonds  was  held  valid  by  the  Supreme  Court  as  to  all  the  subjects  in  gen- 
eral, but  as  to  the  Free  Bridge  bonds  in  particular,  in  the  case  of  Haeussler  vs. 
St.  Louis,   (in  banc.  July  2,  1907,  not  yet  reported). 

I*«(«er  t»i  iiN»4'Ms.  It'yy  ami  coUect   fnxeM:       .See  notes  to  Chart.,  Art.  T. 

Api»rf>prfnt«-  for  leKitlinale  piirpoMeN:  Si'e  note  to  Art.  III.  Sees.  30  and  33; 
XVI,    Sec.    11. 

Borroiv  money:  Power  limited  by  Constitution.  Art.  IX.  Sec.  19;  Art.  X.  Sec.  12. 
By  the  amendments  to  the  latter  .•section,  passed  in  1900.  the  city  was  authorized  ' 
to  issue  the  then  proposed  five  millions  in  bonds  in  aid  of  the  World's  Fair.  (This 
w-as  done  by  ordinances  20641  and  207^8;  see  ordinance  to  issue  bonds  in  renewal  of 
one  million  dollars  in  former  city  bonds:  Ord.  21543  and  22865,  and  ordinance  au- 
thorizing the  issuance  of  bonds  for  each  of  the  purposes  specifically  enumerated  in 
the  above  charter  section;  see  ord.  22366;  ordinance  declaring  result  of  election 
called  by  latter  ordinance,  and  directing  the  issue  of  said  bonds  for  Jll,200,000 
see  ord.  22674).  The  bond  issue  for  the  Free  Bridge  across  the  Mississippi  was 
sustained  (amongst  other  grounds)  as  being  within  the  debt  limit  allowed  by  the 
Constitution  to  .St.  Louis,  in  the  case  of  Haeussler  vs.  St.  Louis,  decided  in  banc 
b>"  Supreme  Court.  Jul>'  2.  3907  (not  at  this  writing  reported),  discussing  also  the 
right  of  the  city  in  general  to  issue  bonds.  See  the  provisions  of  the  Constitution 
referred  to  as  to  the  limit  of  indebtedness  and  the  manner  in  which  bonds  can 
be  issued,  and  the  note  appended  to  Sec.  12  of  Art.  X  of  the  Constitution.  See 
also  discussion  generally  on  the  subject  in  note  to  Charter,  Art.  V,  Sec.  1.  herein; 
and  also  McQuillln's  (unofficial)  work  "Amend.  Chart."  introductory  note  pp.  124 
et  stQ.;  and  his  note  on  pp.  280-282;  also  Pryor  vs.  Kansas  City.  153  Mo.  135. 
151.  As  to  what  is  included  under  the  term  "indebtedness"  in  tlie  Constitution, 
see  Saleno  vs.  Neosho,  127  Mo.  627,  63S;  and  State  ex  rel.  vs.  Neosho.  101  S.  W.  99 
(Sup.  Ct.,  Mar.  30.  1907).  Charter  provisions  as  to  sinking  fund  for  payment  of 
city  bonds  see  Art.  XI\",  Sees.  1-4.  As  to  ordinances  concerning  sale,  transfer  and 
payment  of  bonds,  etc.,  see  Rev.  Code,  Chapter  37.  Sees.  2390-2405;  and  as  to 
provisions  concerning  water  bonds,  see  R.  C.  Chap.  39,  Art.  2.  sees.  2528-2530.  and 
Charter.    Art.    VII.    Sees.    11,    13. 

Second — T«)  establish,  improve,  liffht,  sprinlile,  etc.,  streets— 
rondeniii  property — repair  streets,  bri<ises,  el«-. — water  eourses 
— water  works — police  and  fire  departments — To  establish,  t)pen, 
vacate,  alter,  widen,  extend,  pave,  or  otlierwise  iiniirovi-,  and  sjiriiikle  all  streets, 
avenues,  sicb'walks,  alleys,  wbai-vesand  public  grounds  and  squares,  and  jirovide 
for  the  jia\!iieiil    of  the  costs  and  expenses  thei-eof  in   the  manner   in   this 


AIM'.   III.  Sec.  M,  Clause  2. 1   CHARTKR  OF  TllK  CITY  OF  ST.   LOUIS.  323 

Cliartci-  incsciilicil ;  ami  also  Id  luovidc  lor  fji-adiiif;.  lijililiiij;.  clcaniiif;  and 
i'<'|)airiii;;  llic  saiiif.  and  to  condt-nm  ]irivalf  |pi-o]i('i-l_v  for  iiul>lic  uses,  as 
|iro\  idcil  lor  in  tliis  <"liaitcr:  lo  i-onstinct  and  keep  in  rejiaii-  ail  hridfjes, 
strecis.  .sewei-s  ami  drains,  and  to  iej;nlate  llie  nse  iliei-eol',  and  lo  confine, 
wail  n\>.  (•o\<'r  mcr-,  alter  of  elian^c  the  clianni'l  of  watei-  coiifse.s  ;  to  estab- 
lisli  and  maintain  waterwoi-ks  Tot-  fnllv  supplvin;;  the  city  wifli  wholesome 
watef.  and  lo  distiilmic  tin-  same  lor  [nildic  and  |n-ivate  uses  in  such  man- 
ner ami  nimn  siu  li  icrius  as  sliall  Kc  |Hd\idc(l  |p\  oi-diiiance;  to  establish  and 
maintain  a  saiiitaiv  svstcm.  a  s\siem  of  jiolicc  ami  a  lii'e  deiiartment  :  I'ro- 
ridcil.  'I'lial  no  svstcm  of  [lolice  shall  lie  established  or  maintained,  otiier  than 
the  [ircsciil   met  ?ii|inl  il  an  system,  as  lon^  as  the  same  is  eslalilish(Nl  liy   law. 

KMtnlillMhiiif  Dl  of  H(rt-«*<M,  Htroel  (ipniluKM*   ^TltlriilnKN,  i>4tii<l4Miinii4l4»n    |»roreciIlnKii» 

ell*..   Sf»-   .\rt.    \' I   of  ChiirtiT.  S«m'.s.    l-Il.'.   arul   ni't<s  ami   f.iiiini<-iits   th<Ti-to   apiHTiiiod. 

ri>nairii<-lli>n  of  Ktrrrta,  alleys,  improvements,  etc..  see  notes  to  Charter.  Art.  VI. 
Siin     U-ls     an.l   ..f  iie«er»  lb.  Sees.    20-23. 

S[i«*i-lfil  tn\  lillU  ftir  public  Improvements  see  notes  to  Chart..  Art.  \'I.  S«C9. 
24-26.    U.  el.- 

Sfrret  iiprlnklliiK.  se.-   .\tt     VI.   S«  c.   2;'. 

DniiinicrK   for  ehiinKc  of  Kriiilr:    See  note  lo  Charter.   Art.    VI.  See.   9. 

I  ne  of  pitreefN  ii>  rieeirle  et»iii|iiitileM  f<»r  hiicIi  purponoa  as  telegraph  and  tela- 
plutiif  piWes.  eonduils.  niiinholes.  subwa.Ns.  ete..  IS  iiiseussed  in  notes  to  Rev.  Cod«, 
Chap.    12.   Art.  6,  Sees.   1093.  1179.  1195.  1188,  In  connection  with   the  ordinances  on 

the    SUtvt.rt 

WhlK    liii-liKletl    In    li-rniK    nlrert.    alh-.i.    Ii1kIi\mi>.   ete..    see    note    t<l    .\rt.    ^'I,    SCC.    1. 

ConfleinnatltMi.  ili-dieiitlon.  in\erMli>n  In  illtTerent  une,  ti\«nerNlilp  of  fcf  In  ivtreet* 
■  nil    liilereptiH    of    iihiiiiiiiK    n%%nerM.    see    ilisi-vissioii     in    notes    lo    Charter.    Art.    VI, 

S.T.       1 

iiiii>r.>\eiiii'io-.  of  oireelB,  etc.,  see  Art.   VI.   Sees,    14.   15,   24-28. 

l-'or  \^hHI  ptiriHiMcH  MtreetM  iiiitv  be  oneil — (he  tine  (»f  the  Htreela  liilint  be  n  public 
OHP — npproprln(l4»n    to    prl^tite    une    In    void — <enipi>rnry    (»bi«triietlonii,    nlien    permtt- 

Ird.  The  .stale  holils  a  proprietary  rljjht  in  roails  aiol  stre.t.-;  in  trust  tor  Iha 
people;  and  to  perform  the  trust  the  legrislatlve  authority  is  allowed  such  control 
that  it  may  authorize  structures  to  he  built  therein  for  the  public  use.  even  If 
some  kinds  of  travel  arc  thereby  Impeded:  Morle  vs.  Transit  Co..  116  Mo.  App. 
1.   c.   22, 

The  riKht  of  the  public  lo  the  free  and  unrestricted  use  Is  subject  to  reasonable 
limitations  and  restrictions,  such  for  instance  as  delivery  of  fuel,  goods,  etc.; 
temporar)'  obstructions  of  this  kind  are  not  invasions  of  the  public  easement, 
but  Incidents  to  or  limitations  of  it.  and  can  be  Justified  when,  and  only  so 
lonK  as.  they  are  reasonably  necessary:  an<l  when  unreasonably  prolonged  or 
done,  such  obstruction  is  unlawful:  See  as  to  right  to  temporary  obstructions 
of  streets  and  highways  note  to  R«v.  Code.  Sec,  928,  and  authorities  there  cited. 
Many  structures  In  the  streets  may  be  Justified  under  legislative  or  municipal 
sanction  which  would  otherwise  be  u  nuisance:  Seibert  vs.  Railroad,  188  Mo.  657 
1.  c.  670;  Morle  vs.  Transit  Co.,  116  Mo.  App,  12,  and  anthoritles;  Belcher  S.  &  R. 
Co.  vs.  St.   L.  G,   E.  Co..  101  Mo,   1,  c,  304, 

The  legislature  has  paramount  authority  over  aM  public  highways,  no  matter 
how  acquired,  which  It  has  to  a  large  extent  delegated  to  the  city  of  St.  Louis 
over  the  streets  therein;  the  power  to  regulate  the  use  is  not  limited  to  a  mere 
right  of  way.  but  extends  to  all  beneflclal  uses  which  the  public  good  and 
convenience  may  from  time  to  time  require.  New  uses  for  streets  and  high- 
ways are  constantly  arising.  As  civilization  advances  new  uses  may  be  found 
expedient.  All  these  and  many  others  may  be  made  of  the  streets  without  the 
consent  of  the  lot  owners.  Private  rights  must  yield  to  them,  without  compen- 
sation: Ferrenhach  vs.  Turner,  Sf,  Mo  I.  c  419;  Julia  BIng,  Co,  vs.  Bell  Tel. 
Co..  8S  Mo.  258.  see  also  Louis  vs.  Bell  Tel.  Co..  96  Mo.  623;  W.  U.  Tel.  Co.  vs. 
Ouernsey  Light  Co  .  46  Mo  App,  120.  134.  I^clede  Gas  Co.  vs.  Murphy.  170  U.  S.  78. 
The  words  "to  regulate  the  use  thereof"  are  of  broad  Import  and  confer  compre- 


324  CHARTEH   OF  THK   CITY    OF   ST.    IX)i:i.S.        1  ART.  1 1 1,  .S.-i-.  26.  Clause  2. 

hensive  powers  on  the  city:  Sluder  vs.  Transit  Co..  1S9  Mo.  107.  129;  St.  Louis  vs. 
West.   Un..   149   U.   S.   1.  c.   469. 

Cas.  water,  sewer  pipes  and  tlie  like  are  proper  uses:  Ferrenbach  vs.  Turner, 
Sli  Mo.  1.  c.  420.  Stepping  stones,  hitching  posts,  etc. :  Wolff  vs.  Dist.  Col.,  196  U.  S. 
152  and  cases  cited;  but  see  Fischer  vs.  St.  Louis.  189  Mo.  567.  In  N.  O.  Gas 
Co.  vs.  Drainage  Com'rs.  197  U.  S.  1.  c.  461.  the  court  says  that  "the  need  of 
occupation  of  soil  beneath  the  streets  in  cities  is  constantly  increasing  for  the 
supply  of  water  and  light  and  the  construction  of  systems  of  sewerage  ana 
drainage."  etc. 

.So  of  teleplione  and  telegraph  poles  and  wires,  underground  conduits,  manholes 
and  subways:    See  cases  cited   in   note  to   Sec.    109."i   of   Rev.   Code. 

Where  the  proposed  extension  by  ordinance  would  end  in  a  blind  street  or 
cut  df  sac.  and  for  that  reason  not  for  a  public  use.  it  may  be  shown  that 
another  extension  is  proposed,  to  connect  with  the  former  so  as  to  make  a 
through  street:    Kansas  City   vs.    Hyde.    196   Mo.   49S. 

A  bridge  from  St.  Louis  to  Illinois,  across  the  Mississippi  River  Is  a  proper 
highwa.\-  for  a  municipality  to  jirovidc:  H:u-u.'^p!«-r  \  s.  St.  Louis  (Snp.  ct,  .luly  2, 
1907.  not  yet  reported). 

But  the  streets  and  highways,  wlietlu-r  dedicated  or  condemned. are  lield  by  the 
public  authorities  in  public  trust,  primarily  for  the  free  and  common- use  of  the 
whole  public,  with  special  privileges  to  none,  and  secondarily  for  tile  benefit 
of  abutting  property  owners  to  afford  access  to  their  property:  Corby  vs.  Rail- 
road.  150  Mo.   I.   c.  468. 

The  public  highways  belong  from  side  to  side  and  end  to  end.  to  the  i)ublic. 
and  the  public  are  entitled  to  a  free  passage  along  any  portion  of  It:  State  ex  rel. 
vs.  St.  IjOuIs.  161  Mo.  1.  c.  383.  tjuoting  from  prior  decisions;  Schopp  vs.  St.  Louis, 
117  Mo.  131,  136-137;  Loth  vs.  Columbia  Theatre,  1 97  Mo.  32S  (citing  numerous  au- 
thorities);  State   ex   rel.   vs.    Vandalia.    1 19  Mo.  App.  406.   417,  and    cases   tliere   cited. 

Hence  an  ordinance  the  effect  itf  wliirh  is  to  subject  a  street  to  tlie  advertising 
of  individual  business  of  one  person,  b\-  providing  for  placing  boxes  for  waste 
matter  on  the  streets,  witli  the  exclusive  privilege  of  advertising  thereon  by  the 
contractor,  is  void:  State  ex  rel.  vs.  St.  Louis,  161  Mo.  371;  so  also  where  the 
advertisement  takes  the  form  of  a  permanent  balcony  supported  by  posts  in 
tile  streets;  but  a  sign  by  an  abutting  owner  so  high  as  not  to  interfere^  with 
the  public  easement,  and  securely  fastened,  is  not  a  nuisance  per  se:  Loth  vs. 
Columbia  Theatre,  197  Mo.  32S.  (discussing  numerous  authorities  as  to  when  and 
what  obstructions  in  the  streets  are  unlawful).  A  city  cannot  authorize  the  occu- 
pation of  a  part  of  a  main  street  by  a  structure  containing  farm  scales  and  a 
corn  sheller  operated  by  macliinery  so  that  travel  on  that  side  is  impeded: 
State  ex  rel.  vs.  Vandalia.  119  Mo.  App.  406  (holding  such  structure  a  nuisance). 
The  city  has  no  power  by  ordinance  to  lease  out  portions  of  the  street  for  huck- 
ster or  produce  stands.  Schopp  vs.  St.  Louis.  117  Mo.  131.  136;  see  also.  Railway 
Co.  vs.  Ins.  Co.,  1,14  U.  S.  :'>1.5  (holding  a  lease  of  a  street  void,  thougli  its 
declivity  was  such  as  to  be  of  little  use  to  the  public).  Private 
scales  are  ni>t  a  pulilic  purpose  and  cannot  lie  maintained  in  the  street; 
<;oal  Co.  vs.  Coal  Co.,  62  Mo.  App.  93.  Nor  can  the  city  of  St.  Louis  "vacate" 
,  a   street    by    ordinance    for   a   certain    time    during    which    period    it   is    to    be    used 

;  by   a  private   concern,   and   thei'eafter  again    to   be   used   as  a  street:      Glasgow   vs. 

St.  Louis,  87  Mo.  678.  It  is  not  competent  for  the  city  to  create  a  street  in 
the  name  of  the  public,  for  the  purpose  of  vacating  it  in  the  Interest  of  whom 
it  may  concern,  nor  to  establish  a  street  or  a  system  of  streets  at  tlie  expense 
of  the  propert.v  owners  in  the  district  for  the  use  of  a  private  individual  or  a 
number  of  Individuals;*  Kansas  City  vs.  Hyde,  196  Mo.  498.  Nor  will  the  power 
in  the  charter  authorize  an  ordinance  that  houses  fronting  on  a  certain  street 
shall  be  used  for  residence*  puriioses  onl.\':     St.  Louis  vs.  Iiorr,  14i>  Mo.  466,  472,  485. 

'  E  iiiiiilliorizeil   4frl>.'4triaet!oiB  of  ii   street  <»r  lii;£lMYii,v  is  a   nuisance:   See  discussion 

and  authorities  in  In trodu(tor>-  note  to  Rev.  Code,  Chap.  11.  Art.  12  (preceding 
Sec.  58,')).  .Sec  also  below  on  this  point.  Power  to  remove,  see  also  Charter, 
Clause   9,  of  this  section  and  article,  and  ordinances  R.   C.,'  Sees.   932   et  ifQ. 

Strnin  riillroailN  in  a  Mlreet,  ulilonalk  or  Kllcy  so  narrow  or  so  operated  that 
the  use  of  the  street  by  the  railroads  will  destroy  the  use  of  the  ytreet  by  the 
public  as  a  highway,  are  nuisances,  and  an  ordinance  purporting  to  permit  such 
use  or  confer  such  right  is  void  because  an  appropriation  of  a  street  to  Inconslst- 


ART    III.  So.-.  2«.  ClauacJ   i  <'I1.\KTKR   Ob'   TH  !■;    CITY    OF   ST.    I.Ul'IS.  325 

rnt  uses,  anJ  as  destroying  the  rights  of  the  abutting  propert.v  liolders,  and 
Injunctive  relief  may  he  had:  Lockwood  vs.  Wnhash.  121!  Mo.  SG.  and  cases  cited: 
Dubach  vs.  Railway,  89  Mo.  4S3;  Morle  vs.  Transit  Co.,  IIC  Mo.  App.  I.  c.  24 
fl  irq.  citing  numerous  authorities:  Lackland  v.s.  Railroad,  31  Mo.  181:  Lumber 
Co.  vs.  Railroad,  129  Mo.  Aa\>  (sidewalk  obstruction — awarding  Injunction); 
Corby  vs.  Railroad.  J50  Mo.  457  (alley — same)  citing  authorities:  Knapp,  Stout 
&  Co.  vs.  Railroad.  126  Mo.  20:  Sherlock  vs.  Railroad,  142  Mo.  172:  nor  can  the 
city  condemn  private  property  for  a  street  In  order  afterwards  to  give  It  over 
to    a    railroad    to    be    used    for    switches:       Kansas    City     vs.     Hyde,     198    Mo.     498. 

Hut  tt  switch,  part  of  the  road.  Is  not  a  private  use  but  a  public  one:  Knapp, 
Stout  &  Co.   vs.   Ky.,   \>6  Mo.   26:   Brown   vs.   Railway.  137   Mo,   529. 

Anil  unless  It  be  shown  that  the  use  liy  the  steam  road  will  practically  destroy 
the  use  of  the  street  by  the  public  the  ordinance  authurl7.1ng  such  use  will 
not  be  held  void,  although  In  the  more  recent  cases  the  tendency  Is  toward  more 
strictness  against  the  railways:  Morle  vs.  St.  Louis  Transit,  116  Mo.  App.  1.  c. 
25.  citing  the  authorities,  especially  Sherlock  vs.  Ry..  142  Mo.  172:  and  see 
Geofray  vs.  Merch.  Bridge,  179  Mo.  C98;  St.  Louis  Transfer  vs.  Merch.  Bridge,  111 
Mo.  666;  Brown  vs.   Ry..  137  Mo.   529;  Handle  vs.  Ry.,  65  Mo.  325. 

Nor  can  the  city  authorize  a  private  steam  road  to  use  the  street  for  private 
purposes:  Glaessner  vs.  Anheuser-Busch,  100  Mo.  5(tS;  see  also  nrt>wn  vs.  Ry..  137 
Mo.  I.  c.  637. 

See  further  as  to  when  steam  railroads  ari'  nuisances  In  the  street*  note  to 
R.  C,  Chap.   11,  Art.    12,  on  "nuisances." 

The  rights  of  abutting  owners  as  affected  by  steum  roads  Is  fully  discussed  and 
the  authorities  collated.  In  De  Geofray  vs.  Merch.  Bridge  Co..  179  Mo.  698.  and  It 
Is  held  that  no  action  lies  vt-here  the  road  is  built  on  the  grade  (only  on  the 
doctrine  of  ilare  df  cisis  but  that  an  action  lies  where  the  road  Is  not  built  on 
the  grade  or  street  level.  The  court  holds  the  tendency  to  be  toward  more  lib- 
eral relief  against  railroads  In  favor  of  property  holders  and  that  if  the  question 
were  new  damages  could  he  recovered  even  If  the  road  be  on  the  grade. 

Mrrj-t  Kiilltvnyii  In  the  streets,  however,  are  not  In  all  respects  governed  by  the 
conslileratlons  applicable  to  steam  roads  in  the  streets,  and  the  decisions  above 
cited  relating  to  the  latter  do  not  apply  to  street  railways  unless  the  tracks 
of  such  street  roads  ore  so  defectively  or  peculiarly  constructed  as  to  prevent 
the  current  use  of  the  highway  by  the  public  In  the  ordinary  course  of  travel: 
I'lacke  vs.  V.  D.  Co..  140  Mo.  634.  637:  see  also  discussion  In  Morle  vs.  Transit 
Co..  116  Mo.  App.  12,  25  and  cases  cited.  But  the  same  principle  applies  to  street 
ns  to  steam  roads:  See  Nagel  v.s.  Street  Railway,  167  Mo.  89,  97.  Sec  as  to  the 
difference  between  the  power  of  the  city  over  steam  and  street  roads  State  ex  rel. 
vs.  Corrlgan.  85  Mo.  263,  275  and  case.s  cited. 

Tile  street  car  company  (like  a  steam  road)  must  lay  Its  tracks  on  tile  street 
level  or  be  liable  to  abutting  owners  for  damages:  l-'arrar  vs.  Klectric  Co..  101 
Mo.  App.  140.  (And  see  Rev.  St.  1899.  Sees.  6116-6119.  providing  for  assessment 
of  damages  before  the  grant  by  any  city  of  a  franchl.se  to  any  elevated,  under- 
ground or  othtr  street  railway,  on,  over  or  under  ar.y  street,  etc.  This  act  applies 
to  surface  street  railways:  Huckert  vs.  Grand  Ave.  Ry.,  163  Mo.  1.  c.  276.  but  It 
confers  no  right  to  damages  where  none  would  exist  before  Its  enactment: 
Nagel  vs.  Llndell,  167  Mo.  89.  98;  Ruckert  vs.  Grand  Ave.  Ry.  svpra.  And  the  right 
of  the  public  over  the  highway  Is  paramount;  so  that  the  city,  when  changing 
conditions  and  incrjasing  travel  in  a  navigable  stream  under  which  the  street 
car  company  operates  through  a  tunnel  make  It  necessary,  may  rei|ulre  the 
company  at  Its  own  expense  to  lower  such  tunnel  and  Increase  thereby  the 
di-pth  of  the  water:    West  Chicago  Ry.  vs.  Chicogo.  201  U.  S.  506. 

The  city  has  no  power  tct  confer  on  one  street  car  company  the  exclusive 
use  of  a  street  for  its  own  business;  and  other  companies  cannot  be  excluded 
from  using  Its  tracks  on  making  Just  compensation  (Charter.  Art.  X.  Sec.  6, 
R.v.  Code.  Sees.  1894-1899):  Grand  Ave.  Ry.  vs.  Citizens'  Ry..  148  Mo.  1.  c.  672. 
and  cases  cited;   Railway   vs.  RalUvay.  132  Mo.  34.  43  and  cases  cited. 

• 

.Vs  to  tin-  rights  ami  iiowi-rs  of  the  city  over  street  railways  see  Charter.   Art. 

.\.  111!'"  .Vrt     III.  Sec.  26.  Clause  II:  ordinances  R.  C,  Sec.   1863  and  following. 

\nrntlnK  ntrrrlnt  A  street  cannot  In  tjne  ordlnanct*  be  lawfully  "vacated"  for  a 
definite  period,  after  which  tt  is  again  to  becoie-.  a  street:  Glasgow  vs.  St 
I..OI1IS.  87  Mo.  678.  682.  A  street  cannot  be  created  .  ,r  the  purpose  of  vacating  It 
in    the    Interest   of   whom    it    may    concern:      Kansas   City    vs.    Hyde.    196    Mo.    498. 


326  CHARTER   OF   THK   CITY    OF    ST.    LOUIS.       f  ART.  III.  Sep.  26.  Clause  i. 

The  question  whether  or  not  a  street  or  alley  shall  be  vacated  is  wholl.v  witliin 
the  legislative  discretion  of  the  municipal  assembly,  with  which  (in  the  absence 
of  fraud)  the  courts  cannot  interfere:  Knapp.  Stout  &  Co.  vs.  St.  Louis.  156  Mo. 
343;  Glasgow  vs.  St.  Louis.  107  Mo.  198;  as  to  what  is  fraud  in  vacating  street 
see  Kansas  City   vs.   Hyde,  supra. 

As  to  when  the  courts  will  interfere  for  fraud  in  enacting  an  ordinance  see 
note  introductory  to  this  article  (III.  Sec.  26). 

Nor  can  any  but  an  abutting  owner  complain:  Knapp.  Stout  &  Co.  vs.  St.  Louis, 
156  Mo.   343;  s.  c.   153  Mo.   560;  Glasgow   vs.  St.    Louis.   107   Mo.    198. 

When  a  street  is  vacated  the  abutting  owners  take  the  land  free  from  the 
former  easement:  Thomas  vs.  Hunt.  134  Mo.  403. 

A  highway  cannot  be  in  effect  vacated  by  way  of  estopping  the  city  from 
claiming  it  to  be  public  property  because  included  in  an  action  to  condemn 
private  land  for  public  use:    Moses  vs.  St.  L.  Sect.  Dock  Co..  84  Mo.  1.  c.  246-247. 

But  for  the  vacation  of  a  street  or  alley  the  abutting  owner  is  entitled  to 
recover  any  special  damage  he  may  suffer  thereby.  His  right  is  a  property  right 
and  the  vacation  is  subject  to  tiie  constitutional  provision  against  taking  or 
damaging  private  property  without  just  compensation,  for  which  the  courts 
of  law  will  furnish  him  an  adequate  remedy,  but  not  always  an  Injunction: 
Christian  vs.  St.  Louis.  127  Mo.  109;  Heinrich  vs.  St.  Louis.  125  Mo.  424  (discussing 
the   lot  owner's   right   to   damages). 

An  ordinance,  it  was  said,  declaring  an  alley  vacated  is  insufficient,  because 
the  abutting  propert.v  owners  have  rights  which  could  not  be  taken  from  them 
by  the  mere  passage  of  an  ordinance:  Mitchell  vs.  Railroad.  116  Mo.  App.  81,  88. 
Upon  vacation  of  a  street  or  alley  the  title  reverts  to  the  abutting  property 
owners:     i6.:   see  also  note  under  Art.   VI.  Sec.    1.  as  to  rights  of  abutting  owners. 

I.iiiliility  for  dniniiKeM  for  defective  .streelx,  itldenulkx,  eli-.  The  city  having 
undertaken  to  open  a  street  for  pedestrians  and  velilcles  is  bound  to  keep  tlie  same 
In  repair  and  reasonably  safe  for  travel  by  day  and  by  night,  and  is  liable 
for  Injuries   from   neglecting   this  duty. 

The  cases  on  this  subject  are  numerous,  as  well  those  applying  the  rule  as  those 
recognizing  exceptions  and  limitations,  but  as  this  matter  is  one  of  general  rules 
of  law  not  specially  affected  by  our  charter  and  ordinances,  a  detailed  discus- 
sion thereof  would  be  out  of  place  in  a  revision. 

U  may.  however,  be  mentioned  that  the  burden  of  keeping  the  street  or  side- 
walk in  a  reasonably  safe  condition  is  not  a  police  but  a  governmental  duty 
which  can  not  be  shifted  by  the  city  upon  a  tenant  who  is  not  the  owner,  without 
his  consent:    Ford  vs.  Kansas  City.  ISl  Mo.   137   (holding  such  provision  void). 

But  the  rule  as  to  requiring'  the  abutting  owner  to  clear  away  snow  and  ice  is 
held  to  be  based  upon  the  police  power  and  is  valid;  but  will  not  furnish  the 
basis  of  a  civil  action  to  a  private  individual  against  such  owner,  nor  enable 
the  city,  after  being  compelled  to  pay  damages,  to  recover  against  the  owner: 
See  note  and  comments  to  Rev.  Code,  Sec.  1234  and  cases  there  referred  to. 
(As  to  lial>ility  of  city   for  ice  and  snow  on  street  see   infra,   this  note.) 

Tile  duty  to  keep  the  streets  safe  for  travel  rests  upon  the  city,  and  the 
city  will  be  primarily  liable  for  a  failure  to  do  so  although  by  ordinance  or  agree- 
ment such  duty  is  cast  upon  a  street  car  company  (Springfield  vs.  Ry..  69  Mo. 
App.  1.  c.  523)  or  a  market  company  (Blake  vs.  St.  Louis.  40  Mo.  569.  571)  or  an 
abutting  owner  to  keep  a  sidewalk  free  of  ice.  etc.  (Norton  vs.  St.  Louis.  97  Mo. 
537). 

But  ;i  municipality  against  which  judgment  is  recovered  for  a  defective  street, 
resulting  from  the  negligence  of  another,  has  a  remedy  over  against  the  latter: 
Gaslight  Co.   vs.  Dist.  Col..  161  U.  S.  316. 

The  city  is  not  liable  for  acts  done  in  its  governmental  capacity,  but  only  in 
Its  ministerial  capacit>*  and  hence  is  not  liable  for  injuries  on  streets  or  sidewalks, 
or  parts  thereof,  which  it  never  assumed  to  improve:  Ely  vs.  St.  Louis.  181  Mo. 
724;  Ruppenthal  vs.  St.  Louis.  190  Mo.  213;  Hannibal  vs.  Campbell.  86  Fed. 
<C.  C.  A.)    297; 

Nor  where  there  is  no  negligence  in  the  execution  but  onl>'  in  the  plans:  Foster 
vs.    St.    Louis.    71    Mo     157;    see    cases    cited    in    introductory    note    to    this    article. 


AKT.  III.  sec.  W.  Clause  i.|         CllAKTKK  OK  THK  CITV  OK  ST.   LOl'lS  327 

Nor  for  failure   to  enforci>   Its  own   ordinances,    (see   same   note). 

Nor  fop  Injuries  on  a  street  It  did  assume  to  take  charge  of  and  Improve.  If  in  fiii-t 
It  Is  not  In  the  city  limits:  Stealey  vs.  Kansas  City.  17S)  Mo.  400.  See  also  St.  l.ouls  vs. 
University.  SS  Mo,  155.  Uut  If  the  city  by  ordinance  provides  for  Improving  a 
street  It  will  be  presumed  that  It  Is  In  the  city  limits:  Kansas  City  vs.  Uloek. 
175  Mo.  433^  and  the  city  Is  liable  where  by  an  extension  of  Its  boundaries  it 
takes  In  what  prior  thereto  was  a  state  road;  It  does  not  Inht-rlt  the  Stale's 
Immunity:  Foster  vs.  Kansas  City.  114  Mo.  .\pp.  728.  So  the  city  Is  liable 
where  It  extends  Its  sidewalk  onto  private  property  In  such  a  manner  that  the 
line  of  demarcation  cannot  be  distinguished ;  Deland  vs.  Cameron.  112  Mo.  App. 
704;  O'Malley  vs.  Lexington.  99  Mo.  App.  695;  and  for  Injuries  resulting  from 
excavations  on  privati*  property  so  near  the  street  that  one  using  the  side- 
walk Is  Injured  by  falling  Into  the  excavation;  Wiggins  vs.  St.  Louis,  135  Mo.  538; 
compare  also  Hannibal  vs.  Campbell,  86  Fed.   (C.  C.  A.)    297.  301. 

As  to  necessity  of  showing  acceptance  of  dedication  as  street  and  what  suf- 
flclent  to  show  there  is  a  street,  see  cases  cited   herein   below. 

Amongst  the  recent  cases  discussing  the  llal>llit>'  of  the  city  for  ilefecllve  streets 
or  sidewalks  may  be  named  the  following:  Projecting  sign  falling  on  pedestrian 
on  street  from  above:  Loth  vs.  Columbia  Theatre.  197  Mo.  328.  For  Injury  on 
unimproved  sidewalk — contributary  negligence  as  matter  of  law:  Kuppenthal  vs. 
St.  Louis.  190  Mo.  213.  Same  subject — -cinder  walk — what  Is  evidence  of  assumption 
of  Jurisdiction  by  city  of  duty  to  repair:  Dinsmore  vs.  St.  Louis.  192  Mo.  255. 
Injur\-  by  servant  of  city  assaulting  conductor  of  street  car  l<t  prevent  passing 
repair-point  in  street:  Barree  vs.  Cape  Girardeau.  197  Mo.  382.  For  injury  caused 
by  stepping-stone  on  sidewalk — contributory  negligence  not  as  a  matter  of  law: 
Fischer  vs.  St.  Louis.  189  Mo.  567.  Injury  on  sidewalk — subsequent  repair:  Bailey 
vs.  Kansas  City.  189  Mo.  503.  Injury  on  defective  sidewalk:  Conner  vs.  Nevada, 
tSS  Mo,.  14S.  Obstruction  of  sidewalk — respective  liability  of  property  owner  and 
city:  Perrlgo  vs.  St.  Louis,  185  Mo.  274;  Carvln  vs.  St.  Louis,  151  Mo.  334  (same). 
Injuries  to  driver — dangerous  cross-grade — ^contributory  negligence:  Kaiser  vs. 
St.  Louis,  IS5  Mo.  366.  Kxcavation  causing  wall  of  building  to  fall:  Gerst  vs. 
St.  Louis.  185  Mo.  191.  Sidewalk  defective:  Halloway  vs.  Kansas  City.  184  Mo.  19; 
same:  Ford  v.s.  Kan.sus  City,  181  Mo.  137.  Unimproved  walk — governmental  or 
ministerial  dut>':  ICly  vs.  St.  I.,ouls.  181  Mo.  724.  I'^ntlre  widtli  of  street  or  walk 
once  opened  to  public  to  be  kept  safe:  Kossman  vs.  St.  Louis.  153  Mo.  293,  299 
(street);  Cottey  vs.  Carthage.  186  Mo.  573  (sidewalk — space  between  pavement  and 
curbing);  Fockler  vs.  Kansas  CIt.v.  94  Mo.  App.  464  (same).  Obstructing  sidewalk 
— third  parties — when  lawful:  Hesselbach  vs.  St.  Louis,  179  Mo.  505.  Man-hole  In 
street — contributory  negligence  in  law:  Wheat  vs.  St.  Louis,  179  Mo.  572.  Cellar 
door  in  sidewalk — notice:  Fehlliauer  vs.  St.  Louis.  178  Mo.  635.  Water-meter  box 
In  sidewalk — notice — hidden  defect:  Carvln  vs.  St.  Louis.  151  Mo.  334.  Obstruction 
of  sidewalk  by  loose  counter — children  playing  in  street:  Straub  vs.  St.  Louis. 
175  Mo.  413.  Defective  sidewalk — notice  In  time  to  repair:  Reauvals  vs.  St.  Louis, 
169  Mo.  500.  Ice  and  snow  on  city  sidewalks:  Reno  vs.  St.  Joseph.  169  Mo.  642 
(Irregular  ley  ridges);  san»e;  Reedy  vs.  St.  Lciuls,  161  Mo.  523.  Same:  r*eters  vs. 
St.  Joseph.  117  Mo.  App.  499.  Same:  Quinlan  vs.  Kansas  City.  104  Mo.  App.  616. 
Defective  street — timely  notice  of  defect:  Ball  vs.  Neosho.  109  Mo.  App.  6S3.  691 
and  eases  cited.  Kltch  In  street,  unguarded  and  unllghted:  Jackson  vs.  Kansas 
City.  106  Mo.  App.  52;  Lindsey  vs.  Kansas  City.  195  Mo.  166  (same).  Defective 
sidewalk — no  notice — no  knowledge;  Doherty  vs.  Kansas  City.  105  Mo.  App.  173. 
Same:  Gerber  vs.  Kansas  City.  105  Mo.  App.  191.  Stone  falling  from  wall  alongside 
street:  Frank.-  vs.  .St.  I»uls.  110  Mo.  516;  (Irogan  vs.  Co..  87  Mo.  321.  Slippery 
mud  on  sidewalk:  Mtlledge  vs.  Kan-sas  City.  100  Mo  App.  490.  distinguishing 
Badgeley  vs.  St.   I^uls.  149  Mo.   122. 

Dedli'atlon  of  street  not  necessary.  What  Is  assumption  of  possession  of 
str>'et  or  walk  by  elty  sufficient  to  Impose  on  It  the  duty  to  repair:  .See  the  fol- 
lowing i*as»'s;  O'Malley  vs.  Lt-xington.  99  Mi».  App.  695;  Dinsmore  vs.  St.  Louis, 
192  Mo,  255;  Muus  vs.  Sprlngtleld.  101  Mo.  613;  Melners  vs.  St.  Ixiuls.  130  Mo.  274 
(showing  wh''n  dedication  and  acceptance  by  city  n<*ed  or  need  not  be  shown); 
and  as  to  wti-ii  lanil  b.ionus  a  street,  see  further,  note  to  Art.  VI.  Sec.   1. 

I  oncriil  iivir  ii-^rm.  •  ont4'rr'-d  by  .\rt.  11 1.  Sit.  26.  Clause  2.  "to  regulate  the  use 
thereof."  uutliorlies  an  ordinance  (now  Sec.  2304  of  R.  C.)  requiring  payment  of  & 
special  tax  hill  before  a  lot  owner  may  get  connection  therewith:  Hill  vs. 
St,  (..oiils.  159  Mo,  159,  A  city's  riglit  to  lay  s.-wers  necessary  for  the  public 
health  Is  paramount  to  a  company's  right  to  water  pipes  laid  In  pursuance  of  an 
ordlnanc-       S.-.-  Nat'l   Wat<-r  Works  Co    vs    Kansas  City.  28   Fed,    (C,  C, )   921;  Now 


328  CHARTER  OF   THE   CITY   OF   ST.    LOUIS.     [ART.   III.   Sec.    26.   Clause  3. 

Orleans  Gas  Co.   vs.   Drainage  Comr's,   197   U.   S.   453    (maintaining   the  city's  right 
to  compel  change  of  location  at  the  company's  expense). 

As  to  «e«'erM  nnti  Kpertal  lux  liillH  therefor  see  Charter,  Art.  \"I.  Sees.  20-26  and 
notes  thereto. 

I.iiibility  of  c*ity  for  iuMultifit*  nt  or  dffvt-l^  ve  MewerN  iinil  for  oiertltfivN  iiud  Miirfaoe 
wjifer.  There  is  no  liability  for  overflow  occasioned  by  an  extraordinary  and 
unusually  heavy  rainfall,  nor  where  the  sewer  is  sufficient  to  carry  oft  the  water 
under  ordinary  conditions:  Gulath  vs.  St.  Louis.  179  Mo.  38  (Mill  Creek:  sewer); 
nor  is  there  any  liability,  even  if  the  sewer  is  insufficient  and  out  of  repair, 
if  the  excessive  rainfall  would  have  produced  the  same  damage  whether  the 
city  had  been  negligent  or  not:  Brash  vs.  St.  Louis,  161  Mo.  1.  c.  440,  followed  in 
Gulath  vs.  St.  Louis,  supra.  But  if  the  defects  in  the  sewer  are  the  result 
of  municipal  negligence  and  cause  damage  or  contribute  with  other  causes  to  do 
so.  the  city  is  liable:    Brash  vs.  St.  Louis.  161  Mo.  433. 

\\'hfi"e  the  city  is  sought  to  be  held  for  a  sewer  explosion  it  is  incumbent 
on  plaintiff  to  show  the  cause  of  the  explosion  to  be  due  to  the  city's  culpable 
neglect:    Fuchs  vs.  St.  Louis.  167  Mo.  620. 

The  city  cannot  be  held  for  injuries  resulting  from  causes  which  it  could  not 
in  the  exercise  of  ordinary  caution  and  foresight  have  anticipated:  Fuchs  vs. 
St.   Louis,  167  Mo.   620. 

Upon  the  question  of  liability  for  insufficiency  in  the  plan  under  which  the 
sewer  was  built,  so  as  to  make  it  inadequate  even  when  it  is  not  out  of  repair 
and  there  is  no  neglect  causing  obstructions,  etc..  see  Gulath  vs.  St.  Louis,  179 
Mo.  1.  c.  53  (where  the  question  was  raised  but  the  case  decided  on  bther 
grounds;  see  cases  cited  in  briefs  of  respective  counsel);  Steinmeyer  vs.  St.  Louis, 
3  Mo.  App.  256;  see  also  Foster  vs.  St.  Louis.  71  Mo.  157  (overflows  caused  by  de- 
fective plan  of  street  grade,  city   not  liable);  Johnston  vs.  Dist.  Col.,  118  U.  S.   19. 

As  to  liability  of  city  for  changing  the  flow  of  surface  waters,  see  Rychlicki  vs. 
St.  Louis,  9S  Mo.  497;  Stewart  vs.  Clinton,  79  Mo.  603;  Foster  vs.  St.  Louis.  71  Mo. 
157.  and  cases  cited  on  p.  158;  Payne  vs.  Ry.,  112  Mo.  6;  Barns  vs.  Hannibal.  71 
Mo.  449;  Carson  vs.  Springfield.  53  Mo.  App.  289.  And  see  as  to  pollution  o( 
streams,  obstruction,  etc..  being  nuisances:  note  to  subject  of  "nuisances"  in 
Rev.  Code.  Chap.  11.  Art.  12  (preceding  Sec.  584) ;  Damages  for  defective  water 
main,  etc.,  causing  flooding  of  premises:    Rice  vs.   St.  Louis.   165  Mo.   636. 

Regulnfion  of  wharves!  See  authorities  cited  in  Rev.  Code.  Sec.  345;  see  also 
Charter.  Art.  III.  Sec.  26.  Clause  4  and  references  there  made;  see  also  Belcher 
Sug.   R.   Co.   vs.   St.   L.   G.    El.   Co..   82  Mo.    121;   s.   c.    101    Mo.    192. 

Ilflroiiolitan  police:  A  police  law  emanating  from  the  State  excludes  the 
Dott'.r  of  the  city  to  provide  for  the  same  subject  by  charter,  and  the  charter 
provision  will  be  ineffective:-  State  ex  rel.  vs.  Stobie.  92  South,  W.  191;  s.  c.  194 
Mo.  14;  State  ex  rel.  vs.  Police  Commissioners.  184  Mo.  109;  .State  ex  rel.  vs. 
Mason.  153  Mo.  23,  and  cases  cited. 

See  as  to  the  Metropolitan  Police  law  now  in  force  in  St.  Louis  compilation  of 
"Laws  Relating  Specially  to  St.  I^ouis."  ante  pages  1T4-1.M.  Chap.  24,  Sees.  427- 
459.  and  the  notes  thereto. 

T/u'/J — ;>Iuiiicii>al  buildings,  market  places — authority  to  im- 
prove or  s<'Il  parks,  ete. — To  eveet,  pureliase  orreut  a  city  hall,  work  hou.ses, 
house.s  of  correcfion,  poor  houses,  insane  asylums,  eugiue  houses,  and  all  other 
niH'essary  nniiiicipal  huililiiifis;  to  estahlisli  market  places  and  meat  shops, 
and  license,  reonlate,  sell,  lease,  abolish,  or  otherwise  dis])ose  of  the  same; 
and  to  inclose,  improve,  reo'ulate  or  stdi  all  jiarks  and  other  imhlic  opounds 
helonuilij,'   lo   the  city. 

fity  Hjill:    See  ordinance  and  note  thereto  in  R.  C  Sec.  1. 

Work-hoiine:  ."^ee  notes  and  cases  cited  under  ordinances  relating  thereto  In 
Rev.  Code,   Sees.    1742-1784   inclusive   (Chap.   21,  Art.   4). 

Huiixes  of  rorreetioii:  See  as  to  House  of  Refuge,  now  "St.  Louis  Industrial 
School"    note   and    references   therein    appended    to    Rev.    C.   Art.    V,   Ch.    21    (Sec. 

1786).         .  ' 


AKT.   Ill,  Ser.  26.  Clause  4-3.]         CHAHTKIt   OF   TlIK   CITV   OK  ST.    I.Ol'IS.  339 

I'tM.r  lloiiMi*:     .<i-i-  I:,  I'..  Sol'.  771  c/5fff.  ntui   nntos, 

■  ■■••iiiK-  \H.«luni:  S.I'  U.  C,  Sees.  7-17  rl  sfq.  an.l  not.-s  tli.T.'to;  iil.so  Srhomo,  Spc. 
IM.   L'liart.   XII,  Sec.   -1. 

KnKlnr  lli>n»rm  See  OrJlnanees  on  I'"lre  Peparlmeiit.  U.  C  CImp.  G,  Sees.  285 
n  „„  Se.'    rimrler.    Art.    XI,    Sees.    1-5.   and    on    Klre    TeleRrapli    Dcp.    see    R.    C. 

Chap.    7,    Sees.    306-319. 

Mnrkrt  iiliierm  Se.'  eomments  an.l  eas.-s  app.'ml.il  to  onllnano.-.s  on  the  subject: 
K.  C.  Chap  It;  (Sec.x.  1415  to  14S6  Inclusive)  especially  to  lieading;  of  Art.  1  of 
CliaptT    I'i    (pr.'cedlnK    Sec.    1415). 

y\rin  vhiipit:    See  ordinances  and  notes  R.  C.  Chap.   IS.  Art.  0.  Sees.   I  173  to  HSO. 

rnrk<<;  See  notes  and  references  to  ordinances  and  cases  In  Charter.  Art.  VIII. 
Se.'  al.'.o   It.  C.  note  to  hea.llns  Chnpt.  25.  "Putille   Parks."  See.    K'lSf/jrj. 

I\utrth—Tu  iin|>ro\<'  harbor,  i'«'<;iila<«'  fj'rrics,  <'iTaf<'  |M»r< 
wartU'ii.s,  r«'<;ula(«'  in<>oriii<;  of  \«>ss«'ls.  h-asi'  |><»r(i<>ns  ol    \\liai'r, 

*'(<•. — Toi-dii.struc't  iill  iii-rilfiil  iiii|ir<iVfiiiciits  in  1  In-  li.'irlpur  :  In  i-cniinil.  ..'uiili'  or 
(li'tl.'ct  tlif  curi'i'iit.-i  nf  till'  rivi'T  ;  t"  erect,  re|inir  mid  reo-iilate  juihlic  wli.'irves  ami 
iloeks;  to  rofiiilatt'  niariiit'  railwa.vs;  to  ro{iiiliit(»  ami  liroiisc  all  ferries  and 
lowlioals,  towiiij;  boats  or  other  water  cral't.  into,  or  out  of,  or  within  the 
liarlior:  to  stdl  ferrv  jirivilejjes  \\iiliiii  ilie  cilv  liniils,  an:l  to  eslahlish  I'errv 
rates;  create  the  oftice  td'  jiort  wardens,  and  deline  llicir  diilies;  to  rcfjiilate 
the  stationiiif;,  aiichoriiif,'  and  niooiiii};  of  v<'ssels  and  wliarfhoats  within 
the  city;  to  charjre  and  cidlecl  wharl'afie  and  tonnafic  dues,  levee  rates,  and 
wharfap'  on  tirewood,  Inndier.  tiniher,  lo};s,  shinjiles,  slaves,  posts,  laths, 
and  other  articles  broiifxht  to  the  port  of  St.  Louis;  to  set  aside,  or  lease, 
]iortioiis  of  the  uiii>aved  wharf  for  special  imrjjoses,  such  as  the  erection 
of  sheds,  elevators  and  warehou.ses,  and  for  railroad  tracks,  for  (|ua\-i)laces, 
for  the  landing  of  liiinher  for  mills,  for  cotton  pres.><es,  for  manufactories, 
and  for  aiiv  imrpose  teiidiiii;  to  facilitate  the  trade  of  the  citv, — hut  no 
permit  to  use  any  portion  id'  the  wharf,  or  any  lease  of  the  same,  shall  he 
pranied  for  a  term  exi-e<'diiif;  fifty  years. 

For  Imrlior  and  wharf  regulations,  boundaries,  offenses,  etc,  see  ordinances  nnd 
the  comments  and  cases  cited  In  notes  appcndeil  thereto,  founil  In  Rev.  Code. 
Sees.   345   to  372  of  Chap.   X.  Art.   1. 

For  wharfaiEje  rates,  l.-ases.  etc.,  see  notes  and  comments  to  R.  C. ,  Secs.373-3S3 
of  Ch.  X.  Art.  2;  and  note  to  Sec.  379  thereof  treats  of  leasing  unimproved 
portions  of  the  wharf,  etc.,  by  the  city;  and  note  to  Rev.  Code,  Chap.  X.  heading  of 
.\rt.  2.  treats  of  right  to  collect  wharfage. 

For  wliarfbont  r.'gulatlons.  llcnse.  etc.,  see  ordinances  R.  C,  Cli.  X,  Art.  3. 
.Sees.   384-392.  ' 

For  orillnaneea  on  wood,  see   it.  Art.  4,  Sees.  393-4nl.  also  .175. 

Scavenger  dumpff,  see   it.  Art.  5,  Sees.  405-412. 

For  ferry  regulations,  license.  I'tc.  ond  power  of  city  over  ferries,  see  com- 
ments and  cases  In  noti-s  to  ordinances  i.n  f.rrl. '«  In  I!  i""  Ch  X  Art.  6,  Sees. 
413-436,  particularly  Sec.  413  thereof. 

For  provisions  relating  t.>  Harbor  an.l  Wharf  Cuiuniissioner  s.-e  Charter,  Art. 
IV,  Sec.  38,  and  Art.  IX  in  general:  also  ordinances  Uev.  Code,  Sec.  1964-1969. 
1S99:  employes:    Sees.   1965,  2012-2014.   111. 

/•'////;  -  To  license.  lii\  and  rctrn l;ilc  \  .arioiis  KIikK  of  business, 
«*t<'. — fix  ra(e>  foi  <ariia;;<-^,<li  ii\a;;e.e(<'.  -i-fo^iilate  \\  i(l(  li  ol  I  i  I'lvs 
— 1«>  suppress  certain  oeeupat  ions  anti  aMiiis4-nM>nts. — To  iiecnse,  tux 
mid  r.'^'iiiale  lawyers,  dci.'lor.-,,  doclie.--.-MS,  iiiideit.nkeis.  dentists,  auctir)Ueers, 
jrrt)eers.  iiD-n-liants.  retailers,  iiotels.  ))oardin^'  iioiises.  tenement  houses,  office 
hnildinjrs,  imtdii-  liiiildin^s.  ]iiil)Iic  halls,  jniidie  i;roiinds,  i-oneerts,  jdiotofrrapli- 


■JJQ  CHARTKR   OI''   THE   CITV   OF  ST.    LOUIS.         [ART.   lU.  Seo.   26.  .Clause  5. 

ists,  artists,  agents,  porters,  riiiiiiers,  (Inimtiiers,  public  lecturers,  juiblic 
meet  lugs  ;iii(l  sliuws,  real  estate  agents  aud  lirukers.  tiiuiiiciai  agents  and 
broilers,  hur.se  and  cattle  dealers,  jjatentright  dealers,  inspectors  and  gang- 
ers, stock  yard  proprietor.s,  examiners  of  titles,  conveyancers,  mercantile 
agents,  insurance  companies  and  insurance  agents,  bankers,  banking  or 
other  corporations  or  institutions,  telegraph  companies  or  corporations, 
street  railroad  cars,  livery  and  sale  stables,  hackney  carriages,  private  car- 
riages, barouches,  buggies,  wagons,  omnilmses.  carts,  drays  aud  other  ve- 
hicles, and  all  other  business,  trades,  avocati<»ns  or  pi-ofessions  whatever; 
to  lix  the  rates  for  carriage  of  persons,  and  of  wagonage,  drayage  aud  cart- 
age of  property,  and  regulate  the  width  of  the  tires  of  all  vehicles  for  heavy 
transportation;  to  license,  regulate,  tax  or  suppress  ordinaries,  hawkers, 
peddlers,  brokers,  jjawnbrokers,  money  changers,  intelligence  offices,  public 
masquerade  balls,  street  exhibitions,  dance  houses,  forrune  tellers,  pistol 
galleries,  lottery  ticket  dealers,  corn  doctors,  lock,  private  and  venereal 
liosjiitals,  museums  and  menageries,  e(|uestriaii  performances,  horoscopic 
views,  lung  testers,  muscle  develojiers.  magnifying  glas.ses.  billiar<l  tables  or 
any  other  tables  or  instruments  used  for  amusement,  circuses,  operatic, 
theatrical  and  other  exhibitions,  shows  and  amusements;  saloons,  beer 
houses,  tippling  houses,  dram  shops,  and  gift  enteri)rises;  and  to  suppress 
prize  fights,  coou  fighting,  dog  tights,  chicken  cock  fights,  gaming  or  gam- 
bling liouses;  and  to  suppress  bawdy  and  disorderly  houses,  houses  of  ill- 
fame  and  of  assignation;  to  ju'ovide  for  and  enforce  the  registration  of  all 
births,  marriages  or  deaths:  to  license,  tax.  regulate  or  suppress  all  occu- 
pations, jirofessions  and  trades  not  liereiid)efore  enumerated,  of  whatever 
uiime  and  character. 

Tt)«.-  city  is  specially  authorized  by  the  constitution  (.\rt.  IX.  Sec.  21)  to  provide 
In  its  charter  tor  the  levy  of  taxes  for  the  maintenance  ot  the  city  government, 
upon  sucli  subjects  and  in  such  manner  as  is  not  inconsistent  with  the  Con- 
stitution and  laws  of  the  State,  and  is  not  included  in  the  cities  deriving  their 
authority  to  levy  taxes  from  legislative  grant  mentioned  in  Art.  X.  Sec.  1:  St. 
.  Louis  vs.  Bircher,  76  Mo.  431;  St.  Louis  vs.  Sternberg.  69  Mo.  289.  298.  See  on 
taxation  and  assessment  in  general,  note  to  Charter.  Art.  V.  Sec.  1.  The  con- 
stitutional provisions  in  respect  to  taxation  do  not  apiily  to  license  taxes: 
St.   Louis  vs.   Green.   7   Mo.   App.   468;   s,   c.   70   Mo,    562. 

So  long  as  there  is  no  inetiuality.  discrimination  or  favoritism,  and  the  ordi- 
nance applies  alike  to  all  members  of  a  class  it  is  not  objectionable  as  not  being 
uniform  in  Its  operation:"  ^t.  Louis  vs.  Bowler,  94  Mo.  1.  c.  634  and  cases 
cited;  Aurora  vs.  McGannon.  138  Mo.  1.  c.  48  and  authorities  cited:  St.  Louis  vs. 
Sternberg.   69  Mo.   1.   c.   301. 

A  license  cannot  be  imposed  of  a  certain  amount  for  one  part  of  the  city  and 
a  different  amount  for  per.-ions  in  the  same  class,  for  another  part:  St.  Ix)uis 
vs.  Spiegel,  7.S  Mo.  145;  St.  Louis  vs.  Spiegel.  90  Mo.  587. 

The  courts  will  presume  the  ordinance  to  be  \alid  and  reasonable  unless  the 
contrary  is  clearly  shown:  St.  Louis  vs.  Weber.  44  Mo.  547;  and  see  cases  on 
in\alidily  of  ordinances  on  the  ground  of  unreasonableness  referred  to  in  note 
to  Chart.,  Art.   III.  Sec.   26    (heading). 

The  city  may  determine  in  what  manner  the  tax  Is  Hxed  and  what  the  amount 
shall  be.  and  acts  in  this  legislatively  and  the  courts,  where  authority  to  the  city 
Is  specitically  given,  cannot  review  the  same:  Green  vs.  St.  Louis,  7  Mo.  App.  468; 
(8.  c.  affirmed  70  Mo.  562);  St.  Louis  vs.  Weitzel.   130  Mo.  600,  1.  c.  620. 

The  method  of  tax  Is  for  the  cit.v  to  determine:  Aurora  vs.  McGannon.  138  Mo. 
1.  c.  46,  and  cases  cited;  St.   Louis  vs.  Weitzel  supra. 

Where  the  legal  retiuirements  have  been  complied  with  1>>-  one  applying  for  a 
license.  Its  issuance  by  the  proper  officer  may  be  compelled  by  mandamus:  St. 
Louis  vs.  Weitzel,  130  Mo.  600. 

A  contract  by  the  city  to  exenipt  a  particular  corporation  from  a  license  tax 
Is  void:  Springfield  vs.  Smith.  138  Mo.  1.  c.  655,  being  within  the  principle  decided 
In   State   vs.    Railroad.   75  Mo.   208. 


ART     III,   S*r.    2S.   Clause    :..  I      ClI AKTKl:  Ol'  TIIK  riTY   OK  ST.    I.Ol'IS  331 

The  eity  hUM  power  to  enforce  l>y  prosecution  ii  penalty  for  violating  license  tax 
provision:  St.  Louis  vs.  Ureen,  70  Mo.  562;  St.  Louis  vs.  Weltzel.  130  Mo.  600: 
St.  I^nils  vs.  Sternberg.  69  Mo.  2S9.  302.  See  as  to  enforcement  of  ordinances  In 
the  police  courts,   note  to  Sec.   126r>  of  R.  C. 

It  Is  perfectly  competent  for  tin-  city  ns  the  delegated  aB<-nt  of  the  State  to 
collect  un  ad  valorem  tax  on  property  used  In  a  calling  and  also  Impose  a 
license  tax  on  the  pursuit  of  that  callini;:  Aurora  vs.  McGannon.  138  Mo.  38; 
St.   Louis  v.s.  Green.   TO  Mo.   562;  s,   c,   7  Mo.   App.   -(68;  St.   Joseph  vs.    Krnst,   96   Mo, 

I,  c,   367;  St.    Louis   vs.   Weltzel.  130  Mo.   I,   c,   619, 

But  the  city  cannot  Impose  a  tax  unless  authorized  l>y  charter:  Kansas  Olty  vs 
Crush,  lal  Mo.  128.  131:  St.  Louis  vs.  LauMThlln,  49  Mo.  559:  St.  Louis  vs.  Kalme,  180 
Mo.  309. 

License   f'ollector.    .see    I!     C,   Chap.    30. 

*'.\Bd  nil  uther  liunlnriiM,  lrfiil«a,  nvocntlonn  i>r  iirofrpmhinn  «^  iinlever,"  Includea 
those  Duidtm  trn-rt^  and  hence  covers  architects;  St.  Louis  vs.  Herthel,  88 
Mo.  128;  telephone  companies,  as  ejusdem  ffenerls  with  teleffraph  companies; 
St.  Ix>ul»  VH.  Bell  Telephone.  96  Mo.  613,  629:  SewInK  Machine  Agents:  St  Loula 
vs.   Bowler,  91  Mo.   630. 

See  as  to  \'ncatlons  licensed  and   taxed   hereunder  R.  C.  Sec.   2270. 

1.11%^  yern  nail  UuetorN  cannot  hi'  licensed,  by  reason  of  statute.  R.  S.  1899.  Sec. 
S260.  Casi-s  prior  thereto:  St.  Louis  vs.  Sternberg.  69  Mo.  289;  St.  Louis  vs. 
Laughlln.   49   Mo.   559. 

\rehltreiK:     St    Louis  v.s    Herthel.  88  Mo.  12S. 

>e>«liit    iiii.'lHne    XkciiIm:     St,    Louls  VS.   Bowler.   94    Mo.    630. 

»u.ii..i r»:     .-~e.>  R.  C.  Chap.   31.  Art.   1.  Sees.   2126-2136. 

ilnnker«.   llniUern  nml    I  iiHur.i  ii.e  <  piinlen:   1{.  C  Cll.   31,   Art.    2.  Sees.   2137-2U* 

and  niite" 

Foreisa   lnHUrilll«-e   (  ••m  iniiilri  :      R.   C..   Sec.    2280. 

ConiifiU^loii  >i<-reiiMiit<4  mill  >l i- ri-liii ml Isi-  llniUern:  See  oriUnances  R.  C,  Sees. 
2145-2149 

nrRiimhopii:  See  notes  to  Hev,  Code.  Chap.  31.  Art.  4.  heading,  and  also  notes  to 
Sees.  .'I."i»-l'l65.  This  subject  Is  now  governed  hy  State  statutes;  see  same  set 
out  In  'Ijtws  Speilally  Applicable  to  St.  Louis,"  p.  122.  Chap.  8,  Sec.  229.  and  fol- 
lowing, and  notes  thereto  appended.  See  as  to  keeping  saloons  open  on  Sunday 
under  old  charter:     State  vs.   Binder.  38  Mo.  451. 

Hiei'irie    liniterlex:        Ordinances    U.   C.   Sees.    2166    to   2I6S. 

Koniiiie    ii-lti-r<«  mill    \^iriiIiiKlMt<« :      See  ordinances  In  R.  C..  Sees.  2169-2172. 

Merrhnntn*   I.i<-'-lis.-   Tax      (■'iir  iirillMance   provisions  s*'e   Rev.   Code,  L'hap.    31.   Art. 

II.  Sees    .'l96-220.'i  and  notes. 

As  to  who  Is  II  merchant  and  where  a  sale  Is  said  to  take  place,  and  when 
power  to  require  license  exists,  see  In  general;  Canton  vs.  McPaniel.  1S8  Mo.  207, 
and    cases  cited:    Kansas   City    vs,   Grush,    151    Mo.    12S. 

I'lUfiirmllv   of  tax:      .Aurora   vs.   McGannon,   13S  Mo.   38. 

>laaiiraeiurrni:        Ordinances  K.  C.  Sees.   2179-2183  and  note. 

Ilii»ki-ra   iiiiil    I'riliilrriii    I'or  ordinances  see   Rev.   Code,  Chap.    31.    .\rt.    14.   Sec. 

22l9-:;-;lM  and  .s '•mirni'nt.s  and  r»*ference8  to  cases  thi»re  cited:  see  also  St.   Louis 

vs.  Meyer.  185  Mo.  583, 

Hnunr    aad    Krai    Katatr    AKentn    Mn«l    llrokerH.      For   ordinances    see    Rev.    Code, 

Chap    11     An     ^    S...S    vi  :•;.  .'1 7s.  and  ca.ses  ond  comments  In  the  notes  thereto. 

IliiirU  niiil  Itiinnllnu  lliiiivrii:  S<-e  notes  and  ordinances  R.  C,  Sees.  2173-2t7S. 
(Hotel  runners  see  below.; 

InirllUi-ni-.-  iiiTlera:     onllnanceM  It.  C,  Sees.  2179-2183. 


332  CHARTER  OF  THE  CITY  OF  ST.  LX)UIS.        (ART.  III.  Sec.   26.  Clause  6. 

(IrdlnarieK  or  Kf>itnuran<K:     Ordinances  R.  C,  Sees.  2206-2208. 

Pawnbrokers:  See  ordinances  R.  C,  Sees.  2209-2218  and  note  to  heading  of  that 
article  (Art.   13  of  Ch.  31). 

Kiillrond  Tii'ket  B*-<>ker»:     S<-e  ordinances.  Sees.  2231-2235. 

Mrunihunt.  Kailrnail  nnrt   Hotel   Kiinnerx:        See  ordinances  R.  C.  Sees.   2236-2246. 

HorMe  and  Cattle  l>ealer*i,  stoc*k>jirdN  sulew  stiiltleH.  etc.:  See  ordinances  and 
r.Otis.,   R.   C.   Sees.   2247-22.')6. 

Street  Rallnay  Cars  and  ConipanirH:  See  full  note  and  comments,  and  references, 
to  heading  of  Art.  18  of  Ch.  31  of  Rev.  Code,  and  of  the  ordinances  in  connection 
therewith,  viz.:  Sees.  2257-2264;  also  Sees.  1863-1903. 

steam  RaiHvayn:     R  C,  Sec.  1852  and  note  to  heading  of  that  Art. 

\anlt    tleanrr*:     Ordinances   R.    C.    See.    2265-2269. 

Sundry  vocatlonH,  engraver,  lithoi^apher,  photoganist,  iiiercnntile  a^ent  (see 
note  on  merchants),  keeper  of  billiartl  table,  pool  table,  pistol  Kallery,  shooting 
galleryi    See  ordinances  thereon  in  R.  C,  Cti.  31,  Art.  20,  Sec.  2270. 

Fruit   Aui-tidueer:     R.  C,  See.  22S7. 

Kerrlem     Ord.    R.    C,   Sees.    413-416   and   notes   thereto. 

KnKineerH:     .'Jee   Rev.   Code,   Sec.    2332, 

Ha»vd}-   Housexi     .See   note   to   R.   C,   Sec.    1518. 

I  Ivery  Stablei       See  ord.  R.  C,  Sec.  625  and  note.  626  and  Sec.   2256. 

>Ieat    vhop-   .-iiiil    >l:irket    IM.nee«:      See    R.    C.   Chap.    16    (Sees.    1415-1480). 

\eliieIrK,  \\  asainn,  etc.:       Ordinances  and  notes  thereto:  R.  C  Sees.  1810  el  seQ. 

AuioniubilrK.    Mulurcyrlea,   etc.:     Ordinances   R.    C.    Sees..    lSll-1812. 

Public    I'ortern:      R.    C,    Sees.    1S05-1S09. 

'I'heafre,  Hhoi^,  blllpoNtfr.  exbibitlon  and  aniilKeirentN:  R.  C  Sees.  2270;  also 
Sec.    1592-1597;   as   to   theatres   see   also   StH.-s.    195  rt  srg..  210-211. 

Junk  shop,  rae  pU-klng.  roundabout,  etc.:        See  R.  C,  Sees.   1519-1521. 

City    neighers:      R.    C.    Sec.    25S4. 

Lumber     nienHUrers:      R.     C,     Sec.     2591. 

Sixth  —  To     establish      quarantine  —  rejfuliite     qnarr.vinff  — 
slauffhterinjr  of  animals  antl  abate  nuisanees— summary  powers 

of  Mayor. — To  e.stabli.'^h  and  eufun-e  (juavaLitiue  law.-;  aud  retrnlHtious  ;  to  pre- 
veuf  the  iutroductiou  aud  spivad  of  coutairiou.-i  di.-ieases  :  to  t-sta1>lish  and  regulate 
hospitals,  aud  to  secure  tlie  jreneral  health  of  tlie  inhahiiants  by  any  meas- 
ure necessary;  to  rej(ulate  stone  (piarries  and  (juarrvin<i  of  .stone,  and  the 
slaughtering  of  aniiuais:  provide  for  the  erection,  mauageuient  and  regula- 
tion of  .slaugliter  houses:  ]>revent  the  driving  of  stock  through  the  city; 
prohibit  the  erection  of  soap  factories,  stock  yards,  and  slaughter  houses, 
pig  pens,  cow  stables  and  dairies,  coal  oil  and  vitriol  factories  within  pre- 
scribed limits,  and  to  remove  and  regulate  the  same;  and  to  regulate  or 
prevent  the  carrying  on  of  any  business  which  may  be  dangerous  or  detri- 
mental to  the  iiublic  health,  or  the  manufacture  tn-  vending  of  articles  ob- 
noxious to  the  health  of  the  inhabitants;  and  to  declare,  jirevent  and  abate 
nuisances  on  public  or  jirivale  property  and  tlie  causes  thereof;  aud  the 
Mayor,  whenever  in  his  opinion  a  nuisance  exists,  on  public  or  private  prop- 
erty, or  whenever  a  nuisance  has  been  so  declared  by  ordinance  or  resolu- 
tion of  the  Board  of  Health,  is  authorized  to  abate  and  remove  such  nui- 
sance anil  the  cause  thereof  in  a  summarv   manner,  at  the  cost  of  the  owner 


ART    III.  StT.  26.  Clause:. I  CHAttTKIt   OF  TIIK  CITT    OF   ST.    I.Ol'IS.  333 

111-  (Mcnpniil  111"  ilic  |ir(Miiis('s  wIhtc  ilic  niiisaiirc,  nr  ilic  miisc  ihcri-ol'  niav 
li(>.  :iimI  fill-  I  lull  |iiir|ii)S('  mi\y  t-iiu-i-  n|iiiii  ami  lake  |iiissi'ssiiiii  nl'  .iny  |iri>iii 
iscs  (ir  |ir<«|it'rlv  w  Ium-c  such  iiiiisaiuc  may  exist  or  lu'  in-diiiiccd. 

<liiiiriitiiiiic  iiiiii  liift'filitiiN  DiMfiiNrM  In  L-liiii'Ki'  or  lli-altli  Cominls.Mloni'i-:  Chartd-r, 
Art.  IJ.  t^i-v.  -i .  j'ower  of  iniiyor  aiul  t-onuiilsslorii-r  lA.  Sec.  8;  suporlntcndent,  how 
appolntid;  Art.  12.  Sec.  5.  I-'or  ordlnftncu.s  aiul  luitlioritu-s  on  the  subject  of 
i|Uurunllne.  see  Rev.  Code.  Chap.  11.  Art.  19.  Sees.  Sis  to  S26;  and  as  to  regu- 
lations for  contagious  diseases  see  R.  C.  Sees.  i92-SIS:  Restrictions  by  charter 
aKalnst  tr.ntlim  Vi'tUnt.-i  sick  with  cholera,  placrui'  or  ."oiialliinx.  see  Chartei-.  .\rt. 
III.  Sec.   :: 

IIonpIIiiIn:  i;ii;rit  to  purrhu.'*!'.  see  4;iiait>T  I.  S't.  1;  appointment  of  super- 
intendents see  Chart..  Art.  12.  .See.  .">;  Kor  ordinances  on  the  city  Institutions  see 
IJ.  C.  Chap.   11.  Art.  16.  Sees.  703-770  and  notes. 

Uiinrrlen)  See  notes  appendeil  to  ordinances  on  the  subject:  It.  C.  Sees.  CS.'i, 
626.  1563.  Also  note  to  heading  "nuisances,"  In  R.  C.  Ch.  11.  Art.  12  (preceding 
Sec.   5S4).    See  also  Charter  provision.   Art.   HI.  Sec.   31. 

.sliiiiKlitrr  lliiiiNeHi  See  ordinances  with  notes  thereto.  Rev.  C.  Sees.  62r>,  626.  GOO 
to  602;  not.  I..  iiijl-;»M.  .s  l;.v  I-  cli  11.  Art  12:  s.—  also  Charter.  Art.  HI, 
Sec.  .14. 

S(»ek  llrlvloK:  IC.  C.  Sees.  l."iT  I  - 1  .'i.sl  and  note  to  .Sic.  l."i7S;  see  also  Charter. 
Art.   HI.  Sec.   2>;.  Clause  9.  and  notes. 

l-'aeforlex.    ele.:       Set-    .Vrt.     111.    Sec.    :M    and    note. 

PIb  I'eaM,  Cow  StiibleN,  UnlrleH.  FnetorieH,  etc.:  See  ordinances  under  "nui- 
sances." R.  C.  Chap.  11.  .\rl.  12.  and  notes  thereto  and  Sees.  .t84  and  following. 
For  dairies  see  also  K.  C.  Sees.  .'•!.':  f/ jc^.  and  notes. 

Soap  FactorIrM,  Uunr  nad  Krndrrlni!;,  etc.:  See  In  addition  I  >  above  U.  C.  Sees. 
604  et  seq.  and  also  Charter.  Art.   III.  Sec.  34.  * 

Where  the  power  «o  prohibit  Is  given  the  lesser  power  to  iieriult  on  condition  is 
Included:     St.    Louis    vs.    Fischer.    167    Mo.    662.    approving    St.    Louis    vs.    Howard. 

119  Mo.    11.  s.e  .-i    ,.  ,f,.  ?.: 

"UrKulnle  or  prevent  the  earr.^  Iii;i  011  oi'  aii.%  liu.tine.s.H  which  may  be  dangerous 
or  detrimental  to  the  public  health:"  St.  Louis  vs.  Lamp  Mnfg.  Co..  1,19  Mo.  loc. 
clt.  r>6>i;  St     Louis  v.-i.   FIs.h.r.   167  Mo.  1.  c.  662:   (alTlrmed  i;i4  I'.  S.  361). 

••r.i  siiiiri-  111.-  uc'iiiriil  Io'mIiIi  of  the  inhabitants  by  uny  measure  necessary": 
See  as  to  poivir  to  pass  uiim  and  cream  inspection  ordinances:  St.  Louis  vs. 
Llesslng.  190  Mo.  461.  ISO:  to  reiiuire  owner  to  destroy  weeds:  St.  Louis  vs. 
Golt.  179  Mo.  S.  18.  See  also  note  to  Charter  to  general  welfare  clause:  Art.  111. 
Sec.  26.  Clause  14. 

This,  with  other  sections,  does  not  operate  to  take  from  the  Board  I"ub.  Imp. 
and  confer  on  the  Board  of  Health  the  power  to  make  contracts  for  disposal  of 
garbage  or  for  other  public  work:    State  vs.   Butler.    17S  Mo.  1.  c.  300. 

"To  dreliirv.  prrvent  nnd  nbnlr  niilnnneen  on  public  and  private  property,  and 
the  causes  thereof."  itc:  S.'e  note  on  suliject  of  ■'nuisances"  In  connection  with 
ordinance  provisions  In  Uev.  Code.  Cli.  XI.  Art.  12.  Sees.  '>S4-6.S9  and  discussion  of 
the  sulijecl  and  cases  there  citetl.      For  furtlier  charter  provision  see  Charter.  Art. 

XII.    Sees.    6.    4.    3.      As    to    abatement    ••<    :•    iiuls:,ii..-    ..lus..!    i.v    tl ity    at    the 

vxpensc  of  the  city  aec  Art.  VI,  Sec.   1;' 

Sfienth — To  I'stiiliJish  ><lMii<l:ir*l  Utr  w  t-i^ilils  and  nitsiHiircs — in- 
5|HM'ti<>ii  of  liiiiiIxT  iiiitl  \  ariouH art  i<-l4vs of  Tootl, iiiaiiiira4-t  lire, etc. 

— Ti>  ri-o^iil.-iti-  ami  •-.-tfiliiisli  tin-  .-^tamlanl  "t"  woiijlit.-i  aiul  mi'a.--iii-i's  tn  In-  used  in 
tin- City  lit' .'^I.  Ijiiiii.s.  ami  |iniviiii-  tm- tin-  iiis|ii-cticiii  nt' tin- .-iaiiu- ;  tn  m:iki- |ii'i>- 

vi.-iiuii  tin- tin-  iii.-^i timi  .'iiiil  im'.-i.-iUffim-iit  nt'  1 11 111 1  u-r  a  ml  iitlnTliiiililiiiir  niati-rii'l  ; 

fur  till*  iiispiTiiiin  nf  Mti-am  liniici-s  ami  ail  .^li-am  licatiii};  a|i|iaratii.s.  ami  to 
liri-iisr  i-iioj|||-t>i-.s  iisiii;;  sli-aiii  Imili-rs  in  saiil  rily;  for  tin-  in.><|iiMtiiin  of 
lii-cf.  |ioi'k.  Iloiir.  iiu'iil,  oil.  i-oiil  oil.  iia|iliilia.  I>i-ii/,i!i(>  am]  otli(>t'  liiiriiiii;; 
llniil."!.   iiiola.^'.xeN.  synips.   Iiii-pi-iit  iii)>,  vim-'iai-.  Iii-i'i-  ,-iml  ali'.   wiiirs.   wliisky. 


334  CHARTKR   OF   THK    CITY    OF   ST.    LOUIS.         [  ART   III.  Sr-c.  26.  Clause  8. 

rum,  brandy  and  other  spirituous  liquors  in  barrels,  hogsheads  and  other 
vessels;  for  the  ins}iertion  and  weigliing.  or  measuring  hay  or  stone  coal, 
charcoal,  firewood,  and  all  other  kinds  of  fuel  to  be  used  in  the  City  of  St. 
Louis;  for  the  insjiection  of  butter,  cheese,  milk,  lard  and  other  jjrovisions; 
for  regulating  the  weight  and  <iuality  of  bread;  the  price  and  quality  of 
gas;  and  for  the  inspection  and  vending  of  meat,  ])oultry,  fish  and  vegeta- 
bles; to  designate  the  place  where  such  articles  shall  be  sold;  restrain  and 
punish  the  forestalling  of  poultry,  butter,  eggs,  vegetables  and  fruit,  and 
regulate  or  suppress  hucksters;  Provided.  That  nothing  in  this  article  shall 
be  construed  as  to  authorize  the  inspection  of  any  article  enumerated  in 
this  act,  which  is  to  be  shipped  beyond  the  limits  of  the  city,  except  at  the 
request  of  the  owner  tliereof;  and,  provided  further,  that  the  inspectors, 
under  this  subdivision  shall  be  qualified  by  practical  experience  to  dis- 
charge their  respective  duties. 

standard  and  IniiprctifiH  of  WelKlitN  and  >lpaHurf4:  Further  charter  provision. 
Art.  IV,  Sec.  30.  For  discussion  and  cases  see  notes  to  ordinances  on  this  sub- 
ject R.  C,  Chapter  40.  Sees.  2531  and  following. 

Lumber    Inniirftiun,   e«»-.:      See    R.    C.    Sees.    2591-2599. 

Steam  Boilers  InMpectlon,  Lloenstn>;  Bn^lneera,  etc.:  See  r\otes  of  cases  to 
heading  of   Rev.   C.   Chap.    23,   and   ordinances   2323    to    2365. 

Iniipeetion  of  Meat,  FUh,  Vegetables,  Frull:  See  R.  C.  Ch.  11.  Art.  7.  Sees.  535 
to   544;    forestalling;  and   rending;  same  or  deslK;natlng;  \There   same   to   be  sold    see 

Markets,  Meat  Shops,  etc.  (R.  C,  Chap.  16,  Sees.  1415-14S5).  Fruit  and  vegetables 
to  be  sold  only  in  original  packages  at  depots  or  landings,  nor  U'  anybody  but 
licensed  dealers;    Rev.  Code,  Sees.   1483-1485. 

Coal,  Hay,  eto.:     See  notes  to  R.  C,  Sees.   2564  et  seq. 

Gas    Inspeetion:      R.    C.    Sees.    334    to    344. 

'  Hiirksters:      R.    C.    Sec.    146S. 

Inspection  of  uillk,  ereani,  batter,  cheese,  etc.:  For  ordinance  provisions  see 
Rev.  Code,  Ch.  11,  Art.  5.  Sees.  484-512  and  notes  th'ereto.  See  as  to  upholding 
the  ordinances  based  on  ab©ve  charter  provision;  St.  I.,ouis  vs.  Liessing.  190 
Mo.  464;  St.  Louis  vs.  Grafeman  Dairy  Co..  190  Mo.  492.  506;  Same  vs.  Same,  190 
Mo.  507;  St.  Louis  vs.  Reuter.  190  Mo.  514;  St.  Louis  vs.  Polinsky,  190  Mo.  516; 
St.    Louis   vs.    Schuler,  190   Mo.    524. 

Eighth — To  rejfulate  ami  provide  for  election  or  appointiuent 
of  City  offleers,  etc.  — .salaries  and  jurors'  and  witness'  fees. — To 

regulate  and  provide  for  the  election  or  appointment  of  city  officers  iv(juired  by 
this  Charter,  or  authorized  by  ordinance,  and  i)roviile  for  their  suspension  or  re- 
moval;  and  they  shall  establish  the  salaries  of  all  officers  and  the  compen- 
sation of  all  employes,  excejiting  day  laborers,  and  jiii-ors  and  witnesses. 
resj)ectively.  ftvr  tlirir  services:  Provided.  That  the  salary  of  no  officer 
shall  be  changed  during  The  term  for  which  he  i.s  elected  or  appointed,  and 
that  no  officer  receiving  a  salary  shall  i'e<'eive  any  fees  or  other  compensa- 
tion for  his  services. 

Election  of  officers  is  now  regulated  by  the  State  law.  as  to  which  see  same 
herein  set  out,  with  notes  thereto,  in  "Laws  Specially  Applicable  to  St.  Louis," 
p.   124,  Chap.    9,  Sees.   237-321.      See  also  Chart..   Art.   IV. 

For  elective  and  appointed  officers,  appointment,  suspension  and  removal 
thereof,  the  filling  and  existence  of  vacancies,  etc..  see  provisions  of  Charter.  Art. 
IV,   with  discussion  and  citation  of  cases  in   the  notes  thereto. 

For  salaries  of  officers  and  discussion  of  authorities  thereon,  see  note  to 
Charter.   Art.    XVI.   Sees.    17   and    18. 

The  provision  that  "No  officer  receiving  a  salary  shall  receive  any  fees,  or  other 
compensation  for  his  services."  excludes  deputy  recorder  of  Toters  from  com- 
pensation othur  than   his  salary   for  overtime;    Lemoine   vs.   St.   Louis.   120  Mo.    419. 


ART.  III.  Sec.  26,  Clause  ti.)       ril.\U'ri:K   ol'   Till-:   riTV    OK   ST.    I.oris.  335 

It  was  hflil  that  a  »i|iiiilar  Kansjt!*  t^lt.v  prtivlslon  1II4I  nut  ap[>)y  to  pollcoinon, 
whosi-  salary  Is  llxed  by  file  Poller  Board:  State  ox  rcl.  vs.  GlfTord.  70  Mo.  App. 
522;  but  In  St.  Louis  there  Is  an  ordinance  on  witness  fees  which  excepts  city 
officers  anil  pri>secutors  from  claltnini;  such  fees  In  police  courts:  Rev.  Code.  Sec. 
1297:  and  the  Kev.  Statutes  1S99.  Sec.  2840.  provide  that  no  ofllcer.  appointee,  or 
employee  holdlnR  a  stale,  county,  township  or  municipal  offlcc.  Including  police 
oftliers  and  policemen.  Is  allowed  any  witness  fee  for  testlfylnR  before  a  coroner, 
Kraiul  Jury  or  In  any  criminal  case.  The  provision  that  the  "»alary  of  no  officer 
sluill  lu-  chunKe<l  durln*.?  the  term  for  which  he  Is  elected  or  appointed."  Is  In 
aci'ord  with  constitutional  and  statutory  provlshtns  to  the  same  effect:  and  since 
(It  Is  held)  the  period  during  which  an  Incumbent  holds  over  after  the  expira- 
tion of  his  regular  term,  "until  his  successor  Is  appointed  and  (luallrted"  Is 
considered  part  of  his  term,  he  cannot  be  permitted  to  participate  In  an  Increase 
In  salary  (enacted  during:  the  regular  term)  during  that  period  for  which  he 
holds  over  thereafter:  State  ex  rel.  vs.  Smith.  87  Mo.  158.  But  such  provisions 
do  not  apply  to  oftlclals  who  hodd  at  the  pleasure  of  the  appointing  power,  but 
imly  where  there  Is  a  definite  term  of  offh'e:  State  ex  rel.  vs.  Johnson.  123  Mo. 
43,   49. 

T)»e  right  »»f  the  clt\'  to  fix  compensation  of  officers  does  not  confer  the  right 
to  reduce,  take  away  or  change  the  same:  See  Carr  vs.  St.  Louis.  9  Mo.  190.  Also 
see  In  ct>nnecllon  herewith,  note  on  "Salaries"  to  Sec.  17  of  Art.  XVI  of  Charter. 
A  city  officer  Is  entitled  to  the  compensation  fixed  by  ordinance  and  no  more: 
Carroll  vs.  St.  Louis.  12  Mo.  444.  See  also  Chamberlain  vs.  Kansas  City.  125 
Mo.  430.  An  ordinance  requiring  one  employed  by  the  city  to  pay  notary's  fees 
for  business  done  in  connection  with  cMy  matters  (but  paid  by  third  persons) 
during  city  hours.  Into  the  city  treasury,  his  salary  as  employe  to  cover  such 
services.  Is  void  and  the  fees  so  paid  to  the  city  may  be  recovered:  Wood  ts. 
Kansas  City,  162  Mo.   312. 

The  object  of  the  provision  "to  regulate  and  provide  for  the  election  or  aiipolnt- 
inent  of  clt>'  officers."  etc..  Is  "c|ulte  plain:  it  bestows,  as  Its  latiguage  imports, 
sufficient  power  ...  to  make  all  necessary  rules  or  laws  In  regard  to  muni- 
cipal elections,  whether  those  elections  be  general  or  spc^cial,  whether  occurrlngr 
before  the  expiration  of  any  official  term  of  office  and  therefore  anln  ipalory  In 
their  nature  or  atlrr  some  regular  election  has  failed  of  its  purpose."  etc. 
"The  authority  thus  delegated  is  pttnary  ....  a  power  which  recognizes  only 
such  limitations  as  are  marked  out  by  the  constitution  or  laws  of  this  state  or 
som*  other  provision  of  the  charter."  etc.:  State  ex  rel.  vs.  Thomas,  102  Mo.  85. 
K9-90  (upholillng  a  special  election  under  ordinance  now  Sec.  1690  of  Rev.  Code). 
The  section  was  cited  but  not  discussed  In  St.  I>.  vs.  Mnfg.  Co..  139  Mo.  I.  c.  568. 
See  further  on  these  subjects  notes  to  Charter,  Art.   IV,  Sees.  h-^.  12-13.  etc. 

As  to  lack  of  Jurisdiction  of  the  city  officials  in  contest  of  Justice  of  the  Peace 
and  Constable  elactlons  see  State  ex  rel.  vs.  Lohslnger.  7  Mo.  .App.  106;  State  ex  reT. 
vs.  McGee.  69  Mo.   504.  State  ex  rel.  vs.  Kramer,  150  Mo.  89; 

And  as  to  mayoralty  election :  State  ex  rel.  vs.  Dillon.  87  Mo.  487.  The  municipal 
assembly  Is  to  determine  In  first  Instance  who  elected:  Rev.  Code.  Sec.  1491;  and 
contest  Is  determined  In  circuit  court:  State  ex  rel.  vs.  Hough.  193  Mo.  615.  See 
ordinance  on  Jury  fees:  R.  C,  Sees.  1336.  2412;  also  Jury  law  provided  in  state 
statutes:  See  Rev.  St.  1899.  Sees.  6539-6570  (set  out  herein  under  "Laws  Sp. 
Appl.  to  St.  Ix>uls."  Sees.  140-172):  R.  C.  Sec.  1334:  Scheme.  Sees.  27,  28.  30,  31; 
as  to  witness  and  jTiry   fees  In  police  courts  see  R.  C.  Sees.   1397-129S. 

Xinlh — To  pr('\»'iif  riot^  r«'<riil;if<'  or  proliiltit  aniniaN  fr«>iii 
riini)iii<;  ill  larjjo — oli.stnictions  on  strt'cts,  etc. —  In  i>str:iiii  and  pn- 
vent  liny  riot,  rout,  noisn,  (listurl>iinci',  or  disorderly  assemhliifre,  ami  aiiiuse- 
in»Mil.><.  iliiiif^i-roii.s  to  pt-rsoiis  or  property,  in  any  street,  house  or  jilaee  in  the  city, 
luid  rei.'iilate  or  jirohiliit  the  niiiiiiii«r  at  lar^e  of  cattle,  cows,  hojrs,  froats.  dogs 
and  e,-erv  other  lirnte  nniinal  within  the  limits  of  the  city  :  to  prevent  and  rc- 
movo  all  oltstrnrt ions  and  eiicroacliinents  upon  the  sidewalks,  ciirlistoiips, 
carriap'ways.  streets,  avenues  and  alleys,  at  the  expense  of  the  owners  of 
the  proiind  front inj;  tliereon.  and  to  rc^iiilale  and  prohihit  tlic  building  of 
raults  under  sidowalks. 

HrstralBi  at  anlmiila  running  at  large:  See  ordinances  In  R.  C.  Sees  1578-1581 
and  m.te  of  cases  .-i.e  also  statutes  under  Stale  Laws  for  St.  Louis,  p.  79,  Sees. 
4-11;  Scheme.  Sec.  35. 


33fi  CHARTKR   OF   THE   CITY    OF    ST.    LOUIS.      f  ART.  III.  Sec.  26.  Clause  lOH 

l{l<»ti(,  €li«tiir)min*es,  etc..  ordinances;  R.  C.  Sec.  1536  et  %eq.  mayor's  powers; 
R.  C,  Sec.  1503;  Rev.  St.  1899.  Sec.  2139:  power  and  duty  of  mayor,  sheriff,  etc., 
under  statute:    R.  S.  1899,  Sec.  2132;  duty  of  sheriff,  R.  S.  1899.  Sec.  10046. 

Obstructions  on  streets  nnd  sldewiilks,  etc.:  As  to  removal,  etc.,  see  R.  C,  Sec. 
932  et  seQ.:  sidewalks  to  be  kept  free  from  filth,  snow  and  ice  by  the  owners  and 
agents,  etc.,  see  R.  C.  Sec.  1234,  and  cases  in  note  appended  thereto.  As  to  what 
obstructions  of  streets  are  lawful  and  what  are  not  see  notes  to  Chart.,  Art.  III. 
Sec.  26.  Clause  2:  also  note  in  R.  C.  to  Chap.  11.  Art.  12  (under  "nui.sances")  and 
Sees.   584    tt  seq. 

\  unltn   UHilfr  «I<lp«alk»:    See   Rev.   Code.   Sees,    ^l^etseg. 

Tfiiih — To  impose  aii<l  rolleot  fines,  etc.-  eoiiiiiiitnients  to 
workhouse. — To  iinjiose,  collect  aud  enforce  fines,  forfeitures  and  peualtie.s, 
for  the  ln'e;i(-li  of  any  city  ordinance.  Any  otfeiider  wlio  shall  neglect,  or  refuse 
to  pay  any  fine,  penalty  and  costs  that  may  have  been  imposed  upon  him  or 
her,  shall  be  committed  to  the  workhou.se,  or,  in  case  of  women,  in  such 
other  place  as  for  them  may  be  provided,  until  such  fine,  penalty  and  costs 
be  fully  paid:  Provided,  that  no  such  imprisonment  shall  exceed  six  niontlis 
for  any  one  offense.  Every  person  so  committed  to  the  workhouse,  or  such 
other  i)lace  aforesaid,  shall  be  re(niii-ed  to  work  for  the  city,  at  such  labor 
as  his  or  her  health  and  strength  will  licrinit,  within  or  without  said  work- 
house or  other  place,  not  exceediiifi  ten  hours  each  woi'kintj  day;  and  for 
such  work  the  person  so  employed  shall  lie  allowed,  exclusive  of  his  or  her 
board,  fifty  cents  per  day  for  each  day's  work,  on  account  of  said  fine  and 
costs. 

For  ordinances  on   fines,  pennlties  and  f*»rfeiliires  see  Rev.  Code,   Chap.  IS.  Art.  8, 
•  Sees.    1650-1653   and   in   connection    therewith    the   subjects  below  referred   to;   also 

see  Charter.  Art.   III.  Sec.   26,  Clause   14. 

Proeeedings  in  police  courts  for  vioInti«m  ol  ordiBniiees:  See  note,  discussing  this 
subject  in  full,  to  Rev.  Code.  Chap.  13.  Art.  1.  Sec.  1265.  together  with  references 
to  charter  and  ordinance  provisions,  with  general  discussion  and  citation  of 
authorities;  also  note  to  Sec.   1279. 

For  Court  Criminal  Correction,  and  authorities  relating  thereto,  see '[Laws  Spe- 
cially  Applicable   to  St.   Louis,"  ante  p.   97-103.  Ch.   5.  Art.   4.  Sees.   102-139. 

For  W"orklioM.se  ordinances  and  discussion  see  Rev.  Code.  Chap.  21.  Art.  V. 
notes,   and   sections  R.   C.   1742-1784   and  also   note   to   See.    1265. 

For  House  of  HefuKc,  now  St.  Louis  Industrial  School,  see  "Laws  Specially 
Applicable  to  St.  Louis."  anle  p.  162-164.  Sec.  355-367  and  notes;  also  ordinance 
R.  C.  Chap.   21.  Art.   5.  Sec.   17S5. 

/ilevctit/i—To  protect  riylits  of  city  in  corporations— jjrant, 
refjulate  and  repeal  railway  franchises  —  free  passes  on 
street  railways  prohiltitetl.  —  To  take  all  needful  steps  in  and 
out  of  the  State,  to  jiroteet  the  rights  of  the  city,  in  any  corpo- 
ration in  which  the  city  may  have  ac(|uired  an  iuterest :  to  have  sole 
power  and  authority  to  grant  to  ])ersons  or  corporations,  the  right 
to  construct  railways  in  the  i-ity,  subject  to  the  right  to  amend, 
alter  or  repeal  any  such  grant  in  whole  or  in  part,  and  to  regulate  anil 
control  the  same,  as  to  (heir  fares,  hours  and  fre(]uciii\  of  iri]>s,  and  the 
rejiair  of  their  (racks,  and  the  kind  of  their  rails  and  vehicles;  but  every 
right  so  granted  shall  cease,  unless  the  woik  of  construction  shall  be  begun 
within  one  ymir  froni  the  granting  of  the  right,  and  li<'  continued  to  com- 
liletion  with  all  reasoiialile  jiraclical  speed,  anil  it  shall  he  (■•■lusc  of 
forfeiture  ot  llie  i-ights  and  jirivilegcs  deri\ed  from  the  city.  oT  any  i"iilro;id 
company   opeiatiiig   its   road   only    within    this   city,   which    shall    allow   any 


1 


ART.    III.   SfC.   26.  Clause    ILV I       CHARTER   OF   THK   CITY    OF   ST.    LOL'IS.  337 

lit'r.stMi  to  ride  o!'  tl'avcl  uii  its  i-oiid  ^'lal  iiiluiisl  v  or  I'lii-  Ics.s  ilian  ii,-^ii:il  pruie 
or  tari'.  unless  sinli   iicrsmi   he  an  otliicr  or  ('iii|)lovc  of  such  forii|iaiiy. 

Section  (.-ited;     State  ux   inf.   vs.   Undell   liy.,   151   Mo.   1.   c.    ISl. 

As  to  the  effect  of  the  reservation  by  the  city  In  the  conferrinc  of  franchises  of  the 
"right  to  alter,  amend  or  repeal'*  the  provisions  thereof,  s*'e  San  Antonio  Traction 
Co.  vs.  Altgelt.  200  I'.  S.  .104  (subsequent  le(;islatloM  atTectlns  fares  allowed):  r>etrolt 
vs.  Ry..  184  U.  S.  368  (same  not  allowed,  having  been  expressly  contracted  for  and 
no  effective  reservation  made);  Railway  vs.  Philadelphia.  101  U.  S.  528  (allowing 
Increase  In  license  on  cars);  Bank  vs.  Owensboro.  173  U.  S.  636  ("the  reserved 
power  deprives  the  contract  of  Its  Irrevocable  character  and  submits  It  to  legislative 
control."  p.  644);  Sioux  City  Street  Ry.  vs.  Sioux  City.  13S  Mo.  98  (allowing  Im- 
position of  additional   expenses  on   company   for   paving  street). 

For  ordinances  regulating  the  hours  and  frequency  of  trips,  see  R.  C,  Sec.  1S67, 
with  note  thereto.  For  repair  of  tracks,  character  of  rails,  speed  limit,  sur- 
render of  franchise,  and  numerous  police  regulations,  see  Rev.  Code,  Ch.  23,  Art.  6, 
Sections  1863  to  1903  inclusive,  with  notes  thereto;  also  Charter,  Art.  X,  and 
notes. 

Power  to  "license,  tax  and  regulate"  street-cars  Is  conferred  by  Charter.  Art.  III. 
Sec.  26.  Clause  5.  and  on  this  point  see  ordinance  R.  C,  Sec.  22.t7,  witli  discussion  and 
citation  of  cases  in  note  thereto.  But  in  general  the  powers  of  th<'  city  on  tlie 
su^iject  of  street  railways,  granting  of  franchises,  effect  thereof,  forfeiture,  etc., 
are  set  out  in  Art.  X  of  the  Charter,  which,  togetlier  with  the  notes  thereto, 
snould  be  read  in  connection  herewith  in  determining  the  effect  of  this  section 
as  to  street  railways. 

For  regulations  concerning  steam  railroads,  see  Rev.  Code,  Chap.  23.  Art.  5,  Sec- 
tions 1852  to  1863,  with  notes  thereto. 

Tueljth — To  <'\aiiiin<'  pr«'iiiis«'s  - i-«'y:iilii<t»  s(<»ray:<'  of  j^uii- 
|>()w«l«'r,  etc.  —  prohibit  \v«mmI«'ii  liiiiliiiii'^'s,  and  t'liforcti 
pr«'caiiti«ms    ajjaiiisl     firt'  —  inspection    of    hiiildin^s,    etc. — The 

Assciiilil V  iliroii;;li  its  otlici-i-s  or  aiieiiis,  iiiav  at  all  rcasonalilf  limes,  outer 
into  ;iuil  examine  all  (iwelliiijis,  lots,  yards,  enclosures  and  imildiiius  of  ev- 
ery descri|(tion,  to  ascertain  their  condition  for  jiealth.  cleanliness  and 
safety;  take  down  and  remove  Ituildinys,  walls,  or  suiiei'siructures  that  are 
or  may  become  dangerous,  or  reqiiire  owners  to  remove  or  put  them  in  a  safe 
and  secure  condition,  at  their  own  exjtense;  regulate  tlie  storage  of  gun- 
powder, giant  powder,  dynamite.  ni(rogl\ceriiie,  and  otiier  explosive  com- 
pounds and  of  all  comhuslihle  anil  inllammalde  materials,  the  use  of  lights 
and  candles  in  stahles,  shops  ami  oilier  places;  remove,  or  i)revent,  the  con- 
.striictjon  of  any  tire  places,  chimneys,  sto\('.  oven.  Iioiler,  kettle  or  any  ap- 
paratus used  in  any  house,  huiidiiig,  manufactory  or  business,  whidi  is 
liable  to  cause  tires,  or  conllagrations;  direct  tlie  safe  deposit  of  ashes,  or 
otiier  dangerous  rul>)iisli  or  material,  and  order  and  regulate  the  building  of 
partition,  parapet  and  tire  walls,  ])artitioii  fences,  smoke  lines,  hot-air  Hues, 
smoke  stacks,  and  the  erection  and  cleaning  of  ciiimiie\s;  sliall  proNidc  for 
tlie  safe  construction,  inspeclion  and  repairs  of  all  |)rivale  <ii'  public  hiiild 
ings  within  the  city;  regulate,  restrain  (U-  prohibit  the  erection  of  wooden 
buildings  within  tlie  prescrilx'd  limits  and  remove  tlie  same  at  the  owner's 
expense  when  erected  or  sulTered  to  remain  contrary  to  law  or  ordinance; 
compel  persons  to  aid  in  extinguishing  tires,  or  in  the  ju'eservaf ion  of  jirop- 
erly  liable  to  be  (h^stroyed  or  stolen,  and  compel  owners  <d'  buildings  to  have 
scuttles  on   their  I'oofs  and  stairs  or  ladders  leading  thereto. 

.\ll  the  provliilnnn  iif  IHIm  clnune  have  had  ordinance's  enacted  in  pursuance 
th»'r»'of.  Most  t>f  thfse  ordinance  provisions  will  be  fountl  under  wliat  is  known 
as  the  Building  Code,  comprising  Rev.  Code.  Sees.  27  to  234  Inclusive,  containing 
many  and  minute  provisions  and  regulations.  As  to  ordinances  on  gun-powder, 
etc..  see  R.  C.  Sees.  19-26;  lire-crackers  and  fireworks.  Sees.  228-229;  lamps  In 
stables,  ib.  Sec.    225.     For   fire    limits   for   wooden    buildings    see   Charter.    Art.    Xt, 


338  CHARTER   OF   THE  CITY    OF   ST.    LOUIS.     [ART.   III.   Sec.   26.  Clausi-   i:s  W. 

St-c.    4;   also   R.   C.  Si-c.   6S    (and   note   to   Sec.   66  as  to  authority   of  city    to   remove 
biiildins.'^  prectt'd  in   violation   thereof). 

KiKlit  to  enter  and  exfiinine  preinlNea,  etc..  to  ascertain  sanitary  conditions:  See 
as  to  right  of  Health  Conimissionr-r  in  this  respect.  Charter,  Art.  Xil,  Sec.  3; 
and  as  such  right  in  the  members  of  Board  of  Appeals  from  Building  Commis- 
sioner's rulings,  see  Rev.  Ord..  Sec.  60;  as  to  right  of  the  Mayor  to  enter  to 
abate  nuisances,  see  Charter,  Art.  Ill,  Sec.  26,  Clause  6;  right  of  Sewer  Commis- 
sioner to  enter  premises.  Rev.  Code.  ,Sec.  2315.  And  see  in  general  under  "Right 
of  Entr>-.'"   etc..   in   the  Index   to   Re\'.   Code,   for   references. 

Fon'er  to  require  oivnem  to  remove  or  put  In  aufe  condition  does  not  authorize 
an  ordinance  requiring  the  asen"  of  owners  to  do  so:  St.  Louis  vs.  Kaime,  180 
Mo.  309  (the  ordinance  has  since  been  amended  in  this  respect:    See  R.  C,  Sec.  216). 

I'inier  to  |ir<»vide  for  Kiife  (M»UMlrii«*tiou,  iuNt»eetlt>n  iiiitl  repalrM  does  not  confer 
power  on  the  city  to  change  the  common  law  rule  as  to  lateral  support  between 
adjacent  owners  in  case  of  excavations:  Carpenter  vs.  Reliance  Realty  Co..  103 
Mo.  App.  4S0,  494   (ord.  R.  C.  Sees.  72-73). 

Tliiytcenth — To  provitU'  for  insane  persons  and  paupers^ 
assessments,  etc.,  of  State  revenue.  —  To  provide  for  the 
support  aiid  mainteiiance  aiid  eonflnement  of  insaue  persons;  and  to 
make  suitable  provisions  for  the  maintenauce  aud  support  of  poor  ])ersons ; 
to  exercise  the  same  powers  aud  perform  the  same  duties  in  rejrard  to  the 
assessment  and  eolleetiou  of  the  State  reveuiie.  within  the  City  of  St.  Louis, 
as  is  now  hv  Uiw  vested  in  tlie  County  Court  of  St.  Louis  ("ouuty.  in  siieli 
nuiiiiii'i-  as  ]ifovi(h'd  hv  ordinaiirt'. 

Ordinances  as  to  insane  asylum  and  confinement  and  care  of  the  insane:  Rev. 
(?.,  Chap.  II,  Art.  16,  Sees.  747-770  and  notes;  see  also  Charter,  Art.  XII,  Sec.  4. 
As  to  poor  persons  and  Poor  House  see  Rev.  C.  Chap.  11.  Art.  17,  .Sees.  771.791.  and 
notations. 

Fourteenth — (ieneral  welfare  clause— ffeneral  authority  to  pass 

and  enforee  ordinances— eensus  of  inliahitants Finally,  to  pass  all 

sueli  ordinances,  not  iueonsistent  with  the  provisions  of  tliis  Charter,  or 
the  laws  of  the  State,  as  may  be  expedient,  in  maintaining  the  peace,  good 
government,  health  and  welfare  of  the  city,  its  trade,  commerce  and  maun- 
factures,  and  to  enforce  the  same  by  lines  and  jienalties.  not  exceeding  live 
hundred  dollars,  and  by  forfeitures  not  exceeding  one  thousand  dollars; 
to  purchase,  rent,  or  lease,  within  the  limits  of  the  city  or  elsewhei'e,  any 
real  or  personal  ]iroiicily,  and  to  control,  manage,  sell  or  lease,  or  other- 
wise dispose  of  the  same,  for  such  purpo.ses  aud  considerations  as  they 
may  deem  proper  for  the  public  welfare  of  the  city,  and  to  provide  for  the 
enumeration  of  the  inhabitants  of  the  city. 

I»o«er  to  purelinse,  rent,  lense,  eoiitnil.  diMpo-ne  of.  etc..  properly  within  and 
Without  the  city  limits,  etc.:  See  discussion  in  note  to  Charter,  Art.  I,  Sec.  1,  and 
citation  of  cases. 

,\n  (o  forniiililicN  :iimI  execiitli^n  of  vity  ctMitriictN,  deeds,  ratifications,  estoppel, 
etc.,  see  note  to  Chart.,  .\rt.  X\'l.  Sec.   7  and  cases. 

Knforcin;;  ordiuinioeN  I»y  finrM  nnd  peniiltleN,  etc:  See  references  to  ordinances, 
charter  ami  stati'  provisions  in  note  to  Charter.  Art.  Ill,  Sec.  26,  Clause  10.  See 
also  discussion   in    notes  t<i  R.   t"^..   Sees.    126.^.   16.'i0. 

Generiil  «elfiire  clauMe:  The  powers  broadly  conferred  under  this  clause  may  be 
limited  and  qualified  by  special  and  particular  powers  expressly  conferred,  the 
general  clause  not  enlarging  nor  annulling  those  specifically  conferred  by  the 
special  clauses  undertaking  to  confer  powers  over  that  subject:  St.  Louis  vs. 
Kaime,  180  Mo.  399,  317  (denying  power  to  compel  agent  to  remove  unsafe  build- 
ing); State  vs.  Butler,  178  Mo.  272,  302;  St.  Louis  vs.  Bell  Telephone,  96  Mo.  623, 
631    (denying  power  to   fix   telephone  rates). 


AUT.    III.  S.-c.   27-28.1      CHAUTER  OF  TlllO  CITY  Ol"  ST.   l.oriS.  339 

Inspection  of  milk  unUi-r  gent-ral  welfare  eliiiise:  St.  Ix)iils  v.s.  I.,lt>sslnfjr.  lUO  Mi>. 
464,  4S0. 

Temporary   closlnB  of  street:      Mailer  vs.   St.    Loui.s.    17C   Mo.   806.  620. 

Vatrrancy:     St.  Louis  vs.  Bent.v.  II   Mo.  Gl. 

Prohibiting:  keeping  open  place  of  Im.xiness  on  Sunday:  St.  Louis  vs.  Caffernta, 
24  Mo.  94. 

Proliibltlni;  cruelty  to  dumb  anhnal.":  St.  Louis  vs.  Schoenbusch.  !l."i  Mo.  618  (In 
whleh  the  eourt  .fays  that  "the  vases  show  that  general  welfare  clauses  are  not 
useless  appendages  to  the  charter  powers  of  municipal  corporations.  They  are 
tleslKned  to  confer  other  powers  than  those  specltlcally  named.  The  difficulty  In 
nuiking  speclttc  enumeration  of  all  such  powers  as  may  be  properly  delegated  to 
municipal  corporations  renders  It  necessary  to  confer  such  powers  In  general 
t»Tms.  Ordinances  relating  to  the  comfort,  health,  good  order,  convenience  and 
g*'nernl  welfare  of  the  Inhabitants  are  regar<le<l  as  the  exercise  of  police  regula- 
Iii>ii.-i"i. 

Dramshops  In    Parks:     State  ex   rel.   vs.   Schwelckardt.   109  Mo.   496. 

.Abolish  Wells  In  Streets:      Ferrenbach  vs.  Turner.  86  Mo.   416. 

Regulate  Steam  Boilers  and  require  licensed  enghK-i-r,  *'tc. :  St.  I.KHiis  vs.  Lamp 
Co..  139  Mo.  568. 

Removal  by  Mayor  of  appointed  orflc.r  as  penalty  for  misconduct  is  within 
general    welfare    clause:      State   ex    rel.    vs.    Walbridge,    119    Mo.    3SS.    .'iSS. 

Prohibit  disturbance  of  the  peace,  drunkenness,  gambling,  further  public 
safel.v.  prohibit  carrying  concealed  weapons,  noises.  Immorality,  and  numerous 
other  miscellaneous  offenses.  et<*.  Set*  ordinances  an4l  note's  theri-to  In  Rev. 
Code.  Chapter   IS. 

See  further  authorities  under   the  particular  subjects   involved. 

Src.  liT.  Fires  (<»  1»«'  <;ii:ii-<l(><l  aj^aiiist — The  A.s.seinl)ly  shall,  witliout 
umifcpssnry  (iclny.  cikhI  siriiiociii  .iiid  criii  iciit  laws  for  scciinii},'  (lie  s:if(>ty 
of  |H-rs(>ii.s  from  t\w  in  lialls  and  Iniililinus  Ici  a\-  iis<'i|  tui  imlilic  assciiililics, 
anil  I'lM-  ciitcrlaiiinitMits  or  aimist'iiient.s. 

See  ordinance  precautions  against  liri-  iti  minifrtiu.s  .seriiou.s  01  tiu-  lluilding 
Code  (R.  C.  sees.  2"  to  234  Inclusive.) 

S.c.  J.s.    Niiiiil)i>i'in^,  printing:  aiul  rcpt^al  «>r  oi-«lin;iii<-es Kviiy 

onlinaiirc  when  passed  and  apprised  In  llic  .Maycir.  or  wlicii  it  siiail  iiavo 
iMTiiiiir  a  law.  sliall  !><•  sciil  to  the  City  |{co;islci-.  and  l)y  him  shall  he  niiin- 
iM'it'd.  pi-intcil.  lilfd.  and  id'cscrvcd  in  his  (iflicc.  arcordinj;  lu  nrdinanci- ; 
and  iiti  s|ic(ial  iir  ocncr.il  (H'dinaiicc.  which  is  in  tonllict  or  inconsislcnt 
with  er,'ncral  ordinances  of  jnior  date,  sliall  ho  valid  or  ctfectual  until  such 
prior  iii'dinancc.  or  the  ronllictinj;  parts  Ilicrcof,  .■irc  rcix'alcd  hy  express 
terms. 

For  ordinance  provisions  on  numbering,  printing  and  repeal  of  ordinances,  see 
K'V.  Code  sees.  lti)l-)40.^,  and  as  to  thi-  eff.'it  of  repealing  a  reptaled  ordinance, 
U.  C.  sees,  1411,  1401:  and  the  effect  of  n  repeal  on  tinuri'  of  oftice.  R.  C.  sec. 
1412.  In  how  far  repeals  affect  rights  In  pending  matters,  •i"-  H  c  scs.  1403, 
1105.   140S.  and  see  notes  to  some  of  above  sectlon.s. 

* 

lleiieal;      See    similar   provision    In   ord.    It.    C.    sec.    1404. 

Inder  tills  provision  of  tlii'  charter  It  Is  held  that  wher«'  there  Is  a  special  ordi- 
nance enacted  on  the  same  subject  as  a  general  ordlnonce.  so  that  if  standing 
alon<'  the  latter  would  Include  the  same  malti'r  and  conlllet  with  the  special  net, 
the  special  and  particular  must  be  taken  as  Intended  to  create  an  exception  to  the 
general,  and  not  as  a  repeal  thereof  by  implication:  Ru8(*henberg  vs.  Railroad, 
Ifil  Mo.  70,  82:  Compbidl  vs.  Ry.,  17.i  Mo,  161.  176-177.  See  also  other  authorltica 
to  this  effect  cited  in  note  to  heading  of  Art.  IM.  ^■•  ■■  '■»"-  ' -indi-r  paragraph  "Con- 
."Iriiellon   of  Charter  and   ordinance   provisions.") 


340  CHARTER  OF  THE  CITY  OF  ST.  LOLIS.  [ART.  III.  Sec.   29. 

Where  the  supposed  sections  are  not  materially  variant  the  charter  provision 
does  not  apply,  and  at  all  events  the  last  section  is  Invalid  only  to  the  extent  of 
the  conflict,  and  to  that  extent  only  leaves  the  original  ordinance  in  force;  St. 
Louis  vs.  Weitzel.   130  Mo.   1.   c.   617. 

A  contention  that  an  ordinance  is  void  because  in  conflict  with  a  former  general 
oidinance  not  expressly  repealed,  under  this  section,  is  futile  where  such  former 
ordinance  is  not  offered  in  evidence  or  referred  to  in  the  trial:  St.  Louis  vs.  Lies- 
sing.  190  Mo.  1.  c.  490. 

This  section  does  not  apply  where  both  ordinances  are  special;  a  special  ordi- 
nance may  be  repealed  by  Implication  by  a  subsequent  special  ordinance  In  "Ton- 
flict   with   it;     Schumacher  vs.   St.   Louis,   3  Mo.  App.   297. 

But  where  a  provision  is  of  a  general  nature,  no  subsequent  special  or  general 
ordinance  which  does  not  repeal  the  former  In  express  terms  will  operate  to  affect 
it.  and  the  first  ordinance  remains  unrepealed:  Lamoine  vs.  St.  Louis,  7J  Mo. 
404,  I.  c.  406.  Hence  a  general  ordinance  imposing  a  license  of  $100  not  in  evpres.'i 
terms  repealing  a  prior  general  ordinance  imposing  a  license  of  $50  for  the  same 
purpose  is  invalid,  and  remains  so  until  the  first  is  expressly  repealed;  St.  Louis 
vs.  Sanguinet,   49   Mo.   5S1. 

It  is  manifest  that  since  the  General  Assembly's  enactments  are  paramount  to 
those  of  the  Municipal  Assembly,  any  ordinance  in  conflict  with  a  prior  or  subse- 
quent statute  is  to  that  extent  simply  void,  independently  of  any  question  of 
express  or  implieii  repeal:  See  authorities  and  discussion  In  general  note  intro- 
ductory to  Art.  III.  sec.  26.  These  charter  and  ordinance  provisions  as  to  re- 
peals do  not.  of  course,  apply  to  statutes. 

As  to  repeal  of  an  ordinance  or  part  thereof  not  reviving  a  former  ordinance 
repealed  see  K.  C.  sec.  1401.  In  State  vs.  De  Bar.  5S  Mo.  395.  it  was  held  that 
where  a  charter  provision  operated  to  exclude  a  state  provision  on  the  same 
subject,  within  the  city,  a  repeal  of  the  charter  provision  did  not  revive  the 
statutory  provision  as  to  the  city:  see  also  State  vs.  Lewis,  5  Mo.  App.  465. 
Where  a  charter  provision  is  enacted  which  renders  certain* parts  of  an  ordinance 
theretofore  passed  in  conflict  with  the  new  provision,  the  ordinance  will  be  super- 
seded only  to  the  extent  of  the  conflict,  if  that  does  not  impair  the  remainder: 
Quinette  vs.  .St.  Louis,  76  Mo.  402.  As  to  partial  validit.\*  of  ordinances  see  note 
to  Charter,  Art.  HI,  sec.   12,  and  cases  there  cited. 

Sec.  29.  Kevisioii  of  g'eneral  ordinances. —TIkiv  .-^liall  ))<•  a  revi.-;iou 
of  tlie  general  ordiiiaiices  (if  the  city  oiue  in  every  tive  years,  to  lie  jirdvided 
for  hv  (irdiiiaiiee. 

Effect  of  Revision.  ^ 

The  revision  of  the  ordinances  does  not  have  the  effect  of  breaking  the  con- 
tinuity of  those  provisions  in  force  prior  to  the  revision  and  carried  into  it,  but 
only  to  continue  their  existence:  St.  Louis  vs.  Foster.  52  Mo.  513,  516;  St.  Louis 
vs.  Alexander,  23  Mo.  483.  509. 

*  The  provision  of  tlie  Charter  (now  Art.  XV.  sec.  2)   that  every  ordinance  passed 

shall  be  published  in  the  papers  doing  the  city  printing  within  five  days  after  its 
approval,  does  not  apply  to  a  revising  ordinance;  St.  Louis  vs.  Foster.  52  Mo. 
';i3.  1.  c.   516. 

That  the  official  revision  purporting  to  contain  the  ordinances  is  admissible  in 
;  evidence   without  more,   to   prove   the   ordinance   provisions   therein   contained,    see 

authorities  and  reference  found  in  note  to  Charter.  Art.  III.  sec.  12. 

And  b.v  Rev.  Code.  sec.  1414.  it  is  provided  that  a  reference  to  this  "Revised  Code 
of  St.  Louis"  by  section  number  is  a  sufficient  designation  of  any  ordinance 
therein   contained   to   which  reference   is  desired. 

But  it  is  to  be  observed  that  even  in  case  of  the  revision  of  the  State  statutes  it 
may  be  shown  that  a  provision  has  been  illegally  carried  into  the  official  vol- 
umes, and  the  court  may  inform  itself  concerning  the  existence  of  a  statute 
which  is  challenged  by  examining  the  original  rolls  in  the  office  of  the  Secretary 
of  State:    Bowen   vs.   Ry..  118  Mo.   541. 

.Special  nnd  (fenenil  OrdlnunceN. 

These  are  thus  distinguished  by  Mr.  McQuillin  (see  Mun.  Code.  p.  224;  also  McQ. 
unofficial   work   "Amend.  Chart."  p.  230) :     Alt  ordinances  of  a  general  nature   hav- 


ART   lll.Sec.  30.|  CirARTKR  OF  THK  CITY   OK  ST.    I.OUIS.  341 

Ing  an  obligatory  force  on  the  community  anil  upon  the  ndmlnlstratinn  of  the 
munk'lpal  Bovernment  are  denominated  general.  Those  ;;rantlns  franchUoa, 
.xpeclal  privileges,  as  the  making  of  e.xcuvatlons.  etc..  to  persons  or  corporatloni, 
providing  for  public  work  or  Improvement,  to  establish  sewer  districts,  the  con- 
struction of  sewers,  streets  and  sidewalks,  to  (1.T  the  grade  of  streets,  to  authoriz* 
the  city  to  borrow  money,  to  authorize  officials  to  do  certain  things,  as  the  leai- 
Ing  of  propirty.   laying  of  water  distribution   pipes,  etc.,  are   usually   special." 

Funrtlon  of  Hevlnlon. 

.\  giinral  r<vl.-i|on  of  the  ordinances,  such  as  Is  provldid  for  by  this  section  of 
the  charter.  Is  In  form  but  a  single  ordinance,  adopted  by  the  assembly  as  any 
other  ordinance.  The  present  Revised  Code,  (which  covers  only  general 
ordinances)  Is  ordlnanci'  2J903.  approved  March  19.  1907.  It  Is  believed 
that  the  charter  provision  that  no  ordinance  shall  contain  more  than 
one  subject  "which  shall  be  clearly  expressed  In  the  title"  applies  to 
a  revising  ordinance;  the  provision  for  notifying  the  public  of  ordi- 
nances passed,  within  five  days  thereafter,  by  publication,  does  not  apply 
(St.  l.,ouls  vs.  Foster,  supra);  and  for  these  technical  reasons,  (and  others 
more  potent  which  suggist  themselves  when  we  consider  the  practical  situation, 
requiring  a  comparatively  Ijjisty  examination  and  adoption  by  the  municipal  as- 
sembly of  a  reviser's  voluminous  work,  which  would  make  It  almost  Impossible  to 
notice  the  changes)  It  is  believed  that  It  was  not  Intended  that  new  ordinances, 
not  enacted  in  the  usual  manner,  should  he  Included  In  a  revision  for  the  first 
time  as  a  part  thereof,  nor  that  any  of  the  existing  live  ordinances  should  be 
repealed  by  simple  omission  fron)  the  revision,  although  the  ordinance  providing: 
for  the  revision  enacts  that  "all  ordinances  in  conflict  therewith  shall  be  re- 
pealed." The  principal  object  of  a  revisickn  is  to  put  the  existing  ordinances  in 
accessible  form;  chlelly  by  eliminating  those  repealed.  Inserting  new  ordinances 
enacted  since  the  former  revisions  or  Improperly  omitted  therefrom.  Indexing: 
same.  Inserting  head-lines,  etc..  and  other  matters  of  form.  The  revision  of  the 
revised  statutes  of  the  State  Is  not  based  upon  the  same  procedure  and  the  func- 
tion of  the  revision  thereof  every  ten  years  furnishes  no  safe  guide  to  the  effect 
of  a  revision  of  the  ordinances.  Changes  In  substance  Involve  legislative  dis- 
cretion and  deliberation  In  the  Municipal  Assembly,  which  cannot  be  accorded 
by  it  to  each  of  the  voluminous  general  ordinances  submitted  in  bulk  by  a  reviser. 
Hence  In  this  and  the  preceding  revision  numerous  changes  were  suggested  to  the 
Municipal  Assembly  for  adoption.  In  a  pn-llmlnary  report  by  tile  reviser,  many 
of  which  w*er«'  adopted  in  time  to  be  noticed  herein,  others  of  which  were  not 
adopted.  The  ordinance  authorizing  the  present  revision  Is  ord.  No.  22046.  which 
renulres  In  addition  to  the  ordinance  revision  a  collation  of  state  laws  specially 
applicable  to  the  City  of  St.  Louis,  and  annotation  thereof  as  well  as  of  the 
charter  and  ordinances  . 

Crnernl  Revlalona  of  St.  I.onia  Ordinanora. 

Thf  re\i3lons  of  the  r>rdlnances  i)(  St.  Louis  prior  to  the  Scheme  and  Charter 
were  as  follows:  By  Wilson  Primm  In  183.")-6:  A.  B.  Chambers  in  1843;  Clias.  D. 
L>rake  In  1846:  Jno.  M.  Kruni  In  1850;  S.  V.  Papln.  city  register.  In  \S53:  Thos.  C. 
Chester  In  1856:  Chas.  H.  Tlllson  in  1861;  J.  Gabriel  Woerner  in  1866;  E.  W.  Pattl- 
9on  In  1871.  After  the  present  Charter  by  M.  J.  Sullivan  in  1881  (ord.  11668);  by 
same  in  1SS7  (ord.  14000);  by  Chester  H.  Krum  (ord.  ITl.S.S);  by  Eugene  McQulllin 
in  1900  (ord.  19991.  officially  designated  "Municipal  Code  of  St.  Louis");  and  the 
present  revision.  In  1906.  (being  ordinance  No.  22902,  approved  March  19.  1907,  of- 
tlclAlly  designated  the  "Revised  Code  of  St.  Louis"). 

S,M'  :>().  Ki'iiii^^ioii  (»f  f;i\<'s  (loiiiit ions — cxtMiiption  from 
l>iir(lt'ii.s,aii»l  foiiiiM-oiiiisfol  clainis,  lorhidden. — Tin- As.-niihly  .-ihall 
not  have  pDWi-rti)  rclifvc  any  i-itizen  from  the  jiayiiii'iit  of  any  lawful  tax,  or  to 
i-xi-in|it  liim  fmni  any  Imrdfii  iniiuiscd  ii]i((n  Jiiiii  by  law.  or  ordain  tin' ])aynient 
of  any  (leniaiid  not  uiilliori/.t'd  and  audited  according  to  law,  nor  .shall  the  As- 
seinliiy  have  power  to  ordain  or  ;iuthoriy.e  tlie  coiiiproiiiise  of  any  (li.><puted 
denianil.  or  any  allowance  tlierefor  or  Ihereiii.  excepl  as  iirovidrd  in  the 
contrai-l  therefor,  or  the  ]iayiiient  of  any  daiiia;ies  clainii'd  for  alle^^ed  iu- 
juries  to  person  or  property.  e.NcepI  by  ordinance  and  adopted  by  a  vote  of 
iwothirdH  of  the  nienil)ors  of  each  hou.s«  taken  by  yeas  and  nays. 

Power  of  Comptroller  to  correct  manifest  errors  In  tax  assessments:  see  Char- 
ter. Art.  V.  sec.  2S.  Charter  provision  prohibiting  approprlation«  for  charitable 
purposes:      Art     III.   aec.   33. 


342  CHARTKR    CIF    THE    CITY    OK    ST.    LOUIS.  (ART.    III.    Sec.  .HI  3a. 

The  exception  in  see.  30.  Art.  III.  rt'ijuiring  a  two-thirds  vote,  added  at  the  end 
of  the  section,  applies  to  the  whole  section  and  not  only  the  last  clause  thereof; 
State  ex  rel.  vs.  St.  Louis.  174  Mo.  laS.  135  ,•/  sen.  giving  a  history  of  the  se<>tion. 
Hence  it  is  held  that  the  city  is  not  prohibited  from  reimbursing:  a  police  ofticer 
who.  when  ordered  to  shoot  a  mad  bull  in  the  streets,  wounded  a  boy.  resulting 
in  the  officer's  being  co!ni)elled  to  pay  damages  therefor:  State  ex  rel.  vs.  St. 
Louis.  174  Mo.   125. 

The  city  is  not  prevented  from  t>urchasing  water  pipe  layed  bj'  private  citizens 
and  making  it  a  part  of  the  city  system,  by  a  proper  ordinance,  although  it  is 
styled  as  a  relief  ordinance;      State  ex   rel.   vs.   St.   Louis.    169   Mo.    31.   37. 

But  an  ordinance  making  a  donation  of  public  mone>-  to  a  private  institution  or 
to  an  individual,  is  void  as  beyond  the  power  of  the  Municipal  Assembly;  Hitch- 
ings  vs.  St.  Louis,  49  Mo.  4.S4:  Campbell  vs.  St.  Louis.  71  Mo.  106.  109.  111.  See  also 
Knapp  vs.   Kansas  Cil.\',  48  Mo.  App.   485.  and  citation  of  authorities. 

Sec.  :!1 .    Power  to  roiupt'l  attciKlaiice  of  witnesses. — The  Assein- 

lilv  or  eitlit-r  liipiise.  .slijill  liave  ]i(iwc-r  tn  iMUllpel  the  MtteMiilMUee  of  witnesses, 
and  the  jiroduetioii  of  papers  i-(>latiiio'  to  any  subject  under  eonsideratioii. 
and  in  which  the  interests  of  the  city  are  involved,  and  sliall  liave  power  to 
call  upon  any  projier  officer  of  the  City  of  St.  Louis  to  execute  such  pi-oeess. 
The  President  of  the  Council  and  Speaker  of  the  House,  and  the  chairinan 
of  any  coniiiiittee  of  (»ither  house,  shall  have  authority  to  administer  oaths 
to  witnesses. 

See  oi'diuunce  pro\'lsions  Re\-.  Code.  sec.  1392-1395.  See  discussion  in  In  re  Con- 
rades.  185  Mo.  411.  in  which,  however,  it  was  held  that  the  above  charter  provision 
was  not  applicable  to  compel  attendance  and  submission  of  books  and  papers, 
where  a  committee  r>f  the  House  of  Delegates  is  only  authorized  to  "carefully 
and  fully   investigate   the   books,   records  and  accounts  in   the  several  departments 

wherein    returns    are    made    of    taxes and    to    subpoena    witnesses    and 

to  send  for  persons  and  papers  and  to  administer  oaths;"  and  the  court  released 
by  habeas  corpus  one  who  was  sought  to  be  punished  for  contempt  in  refusing 
to  obey   such   committee's  orders   to   produce   books  and   papers. 

The  court  in  this  case  reversed  the  ma.1ority  of  the  court  of  appeals  in  the  same 
case  (112  Mo.  App.  21)  which  had  held  Conrades  for  contempt;  see  full  discussion 
of  authorities  in  the  ma.iority  and  dissenting  opinions.  In  the  case  of  In  re 
Dunn,  9  Mo.  App.  255,  it  is  held  that  under  this  section  an  ordinance  empowerinsr 
a  committee  of  either  house  to  send  for  witnesses  and  to  compel  the  productiori 
of  books  and  papers,  is  not  unconstitutional  as  an  assumption  of  judicial  power; 
and  that  either  house  may  punish  for  contempt  any  witness  who  refuses  to  pro- 
duce  books   matiTlal    to  a     iiendinM:  imiuiry   and     properly    called   for   in  a     iubpoma 

dmfi  trciim. 

Sec.  o^.    Power  to  distribute  duties  and  al)rof;ate  oltiees. — The 

Assembly  shall  have  the  power,  by  a  vote  of  three-fourths  of  the  menibera 
of  each  liouse,  to  transfer  and  distribute  the  ])owers  and  duties,  in  ]iart  or 
in  whole,  of  any  office  provided  for  in  this  Charter  to  another,  or  others, 
and  in  such  case  the  jierformance  of  the  jiowers  or  duties  adde<l  to  those  of 
aii.\  oftii-e  shall  not  entitle  its  officer  to  additional  coinpensation,  and  in 
ease  the  entire  powers  and  <lulies  of  an  office  be  so  transferred  and  disliil) 
uted,  the  comjiensation  of  the  holder  of  such  office  shall  cease,  and  he  shall 
no  lonc;er  be  the  officer  thereof. 

Power  to  create  offices  by  two-thirds  vote;  see  Charter.  Art.  TV.  sec.  45;  power 
to  define,  change,  increase  or  diminish  duties:  see  Charter  Art,  TV,  sec.  28:  as  to 
salaries  see  note  to  Art.  XVI,  sec,  17. 

The  assembly  may  repeal  an  ordinance  <'reating  an  office  and  thereupon  the  of- 
fice is  abolished  and  the  term  of  the  incumbent  ended,  together  with  the  right  to 
the  salary;  the  power  to  enact  an  ordinance  is  the  power  to  repeal  it:  Magner 
vs.  St.  Louis,  179  Mo.  495;  State  ex  rel.  vs.  Longfellow.  95  Mo.  .\pp.  f.i'.O.  C65; 
Prlmm   vs.   Carondelet,   23   Mo.   22. 

The  duties  which  were  by  Art.  XT,  sec,  5,  cast  upon  the  Chief  of  the  Kire  De- 
partment were  transferred  to  the  Building  Commissioner,  under  this  section  of 
the  Charter;  see  Rev.  Code.  sec.  27. 


AFtT.  III.  SccXK-SS.)  CHARTER  OF  THE   CITY   OF  ST.    I.Ol'IS.  343 

Sec.  ;{.i.  .\|>|>r(>|tri:it  ions  t'(>i'cli:ii'il:il>l<>  |>iii'|><».s(>.s. — Tlic  A.s.-iitnl)ly 
uliiill  not  ai)|irn[ii-i;iU'  ;iii.\  nitiiic.N  lor  iliaiilalilf  imrposos,  cxct'iil  siU'h  as 
shall  lie  snhjecl  to  its  own  supervision  and  ailininistration,  midcr  a  sjtstein 
of  suitable  arraiifiements  to  l)e  cstaMislicd,  wlici-elty  llie  parlakei-s  of  the 
iliarity  shall  res  pee  lively  earn  wlial  lliey  receive  to  Ihe  extent  of  llieir 
ability. 

StH'  a!i  til  jM>\v*T  of  vny  lu  appropruttt'  imnu-ys  for  donntlon.s,  oto..  discussion 
and  ctt»es  cltod   In  note  to  sec.   30  of  this  artlclo.  supia. 

S.-c.  :!4.  Kostrirtioii>  a^  to  (niari-i»'s,  «'(e. — No  stone  (piany  shall 
lie  opened,  or  liriek  kiln  located,  or  soap  I'actory,  slauj;hler  house,  lione  oi- 
rendeiin^'  factory  erected  within  the  tlistance  of  ;!llli  feel  of  an_\  dweliin-; 
house  liuilt  ami  inhaliited  before  such  opening,  location  or  erection,  without 
the  consent,  in  wriliu>:,  of  the  ownei-  and  of  Ihe  occupant  of  every  such 
hou.se.  The  .Vssendilx  shall  pro\  ide.  by  ordin,-nice,  for  Ihe  eireetiial  euforee- 
ineni  of  this  act. 

Power  to  regulate  slone-<iiiarrles.  brU-k-kilns.  soap  faetory.  slauyrhter  house, 
bone  or  rendering  factory,  etc.  see  Charter.  .\rt.   III.  sec.   26,  clause  6. 

As  t»»  ordinances  respet'tlng  the  subjects  mentioned  In  this  section  (quarries, 
kilns,  slaughter  houses,  soap  and  rendering  factories,  etc. I  see  Rev.  Code,  sees, 
fi^t.  62!;.  600-60.'>.  .\nd  see  notes  of  authorities  as  to  the  validity  of  such  ordi- 
nances appended  to  sees.  624,  and  In  general  note  to  "nuisances"  In  R.  C,  chap. 
11,  art.    12   (preceding  see.   SS4). 

An  ordinance  providing  no  quarry  shall  be  operated  within  300  feet  of  a  resi- 
dence without  the  written  consent  of  the  occupant  was  uplu>Ul  In  .St.  I..0UI3  vs. 
Kreln.  9  Mo.  App.  590.   (memorandum  opin.) 

Sec.  :i').  Ki'strictioiiN  as  to  clioU'ra  itaticMits,  «'(«•. — NH  pcr.-ion,  asso- 
ciation or  corporation  shall  knowin<;ly  receive  for  medical  treatment  of  the 
invalid  or  sick,  any  patient  sick  with  smallpox,  pla;;ne,  or  cholera,  unless 
authorized  by  an  oi-<linance  tlicrefor.  livery  violation  of  this  seetion  shall 
be  punished  by  a  line  not  less  than  one  hundred  dollars,  nor  more  tlian 
three  hiindi'cd  dollars,  to  Im'  collected  as  shall  be  pi-ov  ideii  for  by  ordinance. 

As  to  Infectious  diseases  In  charge  of  health  commissioner  and  his  and  Mayor* .s 
powers  In  case  of  epidemics  see  Charter,  Art.  XI,  sees,  i  and  S. 

Regulations  and  powers  as  to  contagious  diseases  see  Rev.  Code,  sees.  792-.S1.S. 
Quarantine  and  powex  to  prevent  spread  of  Infectious  diseases:  Charter.  .\rt  III, 
see.    26.   clause  6. 


344 


CHARTER  OF  THE  CITY  OF  ST.   I.OUIS. 


[ART.  IV,  Sec.  1. 


ARTICLE  IV. 


EXECUTIVE  AND  ADMINISTRATIVE  DKrAKT.MEST. 


SECTION 

1.  Elective  officers  and   their  terms. 

2.  Appointivi;    officers     and     their    terms: 

first  appointments  under  Charter  to 
be   for   two   years. 

3.  Board     of     Public     Improvements,     how 

constituted. 

4.  Gas  Commissioner;   bonds  of  officers. 

5.  Suspension   and    removal   of  officers. 

6.  Suspension      of     elective     officers      by 

Mayor:   action   of  Council   thereon. 

7.  Removal  of  appointive  officers  and  fall- 

ing  of    vacancies. 

8.  Appointed    officers    removed    by    Coun- 

cil; Mayor  to  fill  vacancies. 

9.  Appointments     by     Mayor     to     be     con- 

firmed by  Council;  Council  may  elect 
officers,    "when. 

10.  Qualifications  of  elected  an<l  appointed 

officers. 

11.  Officers   to   devote   their  entire    time   to 

official  duties;  hours  for  municipal 
business. 

12.  Removal    of    elected    officers    by    Coun- 

cil:   removal   of   Mayor. 
1.*?.   Vacancies      in      elective      offices,      how 
filled, 

14.  Deputies      and      assistants;      power      of 

Mayor  to  remove  same;  offices  to  be 
in   City   Hall. 

15.  Qualifications  of  Mayor. 

16.  Duties  of   the  Mayor;   may   remit   fines, 

etc.;    may   appoint   examiners. 

17.  Absence  of  Mayor,  how  provided  for. 

18.  Special  sessions  of  Municipal  Assembly. 

19.  Officers  to  reside  within   the -eity. 

20.  Duties    of    Comptroller;     official    ijond, 

etc, 

21.  Duties  of  Auditor;  official  bond,  etc, 

22.  Duties  of  Treasurer;   official   bond,  etc. 

23.  Duties  of  Register:  official  bond,  etc. 

24.  Duties  of  Collector:  official  bond,  etc. 

25.  Police    Justices;    powers    and    jurisdic- 

tion   of. 

26.  Police    Justices;    to    be    conservators    of 

the  peace,  etc.;  Justices  of  the  Peace 
to  have  concurrent  jurisdiction  in 
certain  cases. 

27.  Municipal  Assembly  may  increase  num- 

ber of  Police  Justices  and  establish 
judicial  districts:  courts  of  Police 
Justices,   where   held. 


SECTION 

28.  Municipal  .Assembly  to  define  duties  of 

city   officers, 

29.  Commissioner    of    Supplies;    his    duties, 

etc;  contracts  to  be  affirmed  by 
Mayor. 

30.  Inspector    of    Weiglits    and    Measures: 

duties,  etc, 

31.  City  Marshal;   duties,  etc. 

32.  City  Counselor;  duties,  etc. 

33.  Board    of    Public   Improvements;    meet- 

ings;   duties   of. 

34.  Members   of   Board    to    be   heads   of    de- 

partments. 

35.  Street  Commissioner;   duties,  etc. 

36.  Sewer  Commissioner:  duties,  etc. 

37.  Water   Commissioner;    duties,   etc. 

3S.    Harbor      and       Wharf       Commissioner; 
duties,  etc. 

39,  Park  Commissioner;   duties,  etc. 

40,  Gas    Commissioner:    duties,    etc. 

41,  President  of  Board  of  Improvements  to 

have  supervision  over  other  Com- 
missioners, and  authenticate  special 
tax   bills, 

42,  Assembly  may  provide  additional  duties 

for   Board, 

43,  Oath    for    city    officers;    bond    of    same; 

the  term  officers  defined;  officers 
failing  to  pay  over  money  shall  for- 
feit their  offices,  etc, 

44,  Mayor    to    settle    disputes    between    of- 

ficers, 

45,  Power  of  Assembly  to  create  offices. 

46,  Mayor  to  enforce  contracts:  officers  to 

report   violations  of  contract. 

47,  Chiefs  of  departments  to   report  annu- 

ally to  Mayor  and  quarterly  to 
Comptroller:  books,  papers,  etc.,  to 
be  open  to  inspection  by  members 
of  Assembly,  Mayor  and  Comptroller; 
Mayor  to  submit  all  reports  to  As- 
sembly. 

Reports  of  Comptroller,  Auditor,  Treas- 
urer, Collector,  City  Marshal,  and 
Board  of  Public  Improvements. 

Commissioners  on  Charitable  Institu- 
tions: their  duties  and  powers:  may 
remove  officers  of  institutions. 
50.  Commissioners  on  Charitable  Institu- 
tions to  meet  monthly  at  City  Hall 
and  visit  institutions  monthly;  may 
recommend  ordinances  to  Assembly; 
shall    receive    no    compensation. 


48. 


49. 


Section  1 .  Elertivo  officers  ancf  their  tornis. — The  following- uamed 
citv  ofticci-s  shall  Ue  eU'tti'd  hv  tlie  tjualiht'd  votors  of  the  city,  and  shall 
hold  their  office  for  a  term  of  four  years,  and  until  their  successors  shall  be 
duly  elected  and  (pialitied,  viz:     A  Ma.vor,  (\)mpti-oller.  Auditor,  Treasurer, 


ART     IV.,  Spc.   2-<.)  CHARTER  OF  THK  CITY   OI'  ST.    LOl'lS.  345 

li«'f:isifi-,  Collcciui-.  Kerordcr  of  hcciis.  1iis|k>cI<ii'  of  \Vi>i};lils  and  Mciisurcs. 
SlifiilV.  <'<ii(>iicr.  Maislial.  INildir  Atliiiinisti-alor.  I'icsidctil  of  lioard  of 
Assessors,  and  the  President  of  tlie   I?oard  of  rnlilii-   Iinprovenieiils. 

Kor  onllnnnce  provisions  on  uppolntnifnt.  iimilltlriitlon  anil  diitics  of  city  of- 
tU-.T».  see   Ri-v.  Code.  Chapter   20,    Art.    I. 

City  oli'ctlons  are  held  under  general  oleetlon  law:  See  ni>te  to  Chuiter  Ait.  II. 
See  also  Sohenif.  sec.  5.  as  to  electlon.s.  The  term  of  Sheriff  ami  Coroner  Is  two 
years  (not  four,  as  provided  In  the  Charter),  by  reason  of  the  Constitutional 
mandate.  Art.  IX.  see.  10.  until  the  constitutional  amendnu-nt  of  lHOfi  becomes 
effective  In  190S,  when  It  will  be  four  years.  See  as  to  Interpretation  of  con- 
stitutional provisions  relating  to  Sheriff,  discussion  In  State  ex  rel.  vs.  Bus, 
135  Mo.  325,  336-337,  referring  also  to  this  section  of  the  Charter.  These  officers 
are  elected  at  the  State  election,  and  were  eligible  only  four  years  In  any  period 
of  six,  (lb.)  As  to  License  Collector:  Ijiws  1901,  pp.  S0-S2;  "The  Mayor,  Comp- 
troller, .\udltor.  Treasurer,  Register,  Collector.  Inspector  of  Weights  and  Measures. 
Marshal,  President  Board  of  Assessors  and  Board  Public  Improvements  are  elected 
for  a  term  of  four  years,  at  the  municipal  election  on  tlrst  Tuesday  of  April; 
also  the  President  of  the  Council  and  half  of  the  councllmen  (six);  and  for  two 
years  each  member  of  the  House  of  Delegates,  one  from  each  ward  (2S).  At 
the  municipal  election  held  every  two  years  after  the  election  of  the  city  officers, 
the  members  of  the  House  are  elected  for  two  years  and  the  other  six  Council- 
men  for  four  years.  The  Recorder  of  Deeds  and  Public  .Vdmlnlstrator  are  elected 
for  a  term  of  four  years  at  the  general  State  election."  etc.:  (McQuillln's  Note  to 
M.  C.  p.   227.) 

See.  L'  \|>|>oiiit  i\  *■  ollircrs  aiul  lluMr  terms— first  :i|>|M>iiit- 
iiHMits  uiuli-r  Cliarter  to  1»«'  for  t w«) . years. —Tli.-Miiv<.rsliall  apiiuint  the 
fulliiwiiiL:  "itlir.rs.  who  shwU  hohl  their  oflice  for  four  years,  and  until  llieirswe- 
<'cssors  shall  have  l)eeii  duly  aiipointed  an<l  qualified,  to-wil  :  A  ("ily  Counselor. 
Hueh  nislriel  As.sessors  as  may  l>e  ]irovided  hy  ordinance.  Sii|)erinteiiden( 
uT  \\  iiiklioiise,  Suix'liiileiideni  of  House  of  Uefiif^e.  Su|ierinlendent  of  Fire 
;iiid  I'oliee  'rele>fra|)li.  <  ■oinniissioner  of  Su|i|dies.  .\ssessor  of  Water  Hates, 
two  I'oliee  .Iiistiees,  Attorney,  Jailer.  ;iihl  live  ( 'oiiiniissioners  on  Charitable 
Institutions:  I'luviilrd.  hoirrvcr.  that  the  tiist  ;i|)|ioiiilineiits  under  this 
Charter  shall  he  for  two  years  only,  so  that  the  a|i|ioinlinents  iiuide  there- 
after. sli;ill  he  made  at  the  he<,'innin:;  of  tlie  third  year  of  the  .Mayor's  term. 

All  terms  of  office  are  limited  by  the  Ci>nstitutii>n  not  to  exci-ed  four  years: 
.\rt.  IX.  sec.  H;  Art.  XIV,  sec.  8.  But  these  provisions  do  not  apply  to  an  officer 
holding  at  pleasure  of  appointing  power  and  not  for  a  definite  term:  State 
ex   rel.   vs.  Johnson,  123  Mo.   43.   49. 

As  to  the  effect  of  the  provision  "and  until  their  successors  shall  have  been 
duly  appointed  and  qualified"  see  State  ex  rel.  vs.  Smith.  87  Mo.  15S;  State  ex  rel. 
vs.  Thomas.  102  Mo.  $5.     Similar  provl^on  in  sec.   10  of  this  article. 

Ordinances  on  when  Mayor  is  to  send  In  his  nominations  of  officers  to  the 
council  see  R.  C.  sec.  1685;  as  to  enumeration  of  officers  to  be  appointed  by 
the  Mayor  see  Rev.  Code.  sees.   1509-1511. 

When  appointment  may  be  implied:     See  note   to   K.  C.  sec.   1686. 

See. .{.  Ii«)ar(l  of  I'liblic  Iini>rov»MiM'nts,  liow  roiistitiitod. — He 
KJiall  also  appoinl  live  eommis^ioiiers.  who  sh;ill  lie  known  ;is  Street  f'oin- 
inisttioner,  Sewer  Commissioner,  Water  Commissioner.  Ilarhor  and  Wliarf 
Couiniissioiier,  and  I'ark  Commissioner,  who,  with  the  president  thereof, 
tihall  eonstitnte  the  Hoard  of   I'lihlie   Improvements. 

See.  4.  (ia.s  ConiiiiissioiU'r. — In  ease  the  ejty  at  any  time  heeonie  the 
owner  of  any  jjas  works,  then  tliere  shall  Ik"  added  to  the  oommissioiierB 
hefore  named,  a  Cias  Commissioner. 


34f)  CHARTER  OF  THE   CITY   OF   ST.    LOUIS.  [ART.  IV.  Sec.  5. 

Boiuls  of  otticers. — All  i-ity  officers  shall  give  such  a  hnud  foi-  the  faith- 
ful iierfdrmauce  of  tlieii-  duties  as  the  ilunicipal  Asseuil)l.v  sliall  ordain; 
said  l)oiids  sliali  he  apjiroved  li.v  the  Mayor  and  (Joun<i!. 

As  to  giving  lutnd  b.\'  the  nuinicipal  officers,  and  effect  of  failure  so  to  do.  and 
suit    for    breach    thereof,    see    Charter.    Art.     IV.    sec    43    and    cases    there    cited. 

As  to  ordinani'es  on  bonds  and  tlieir  approval,  etc..  see  Rev.  Code.  sees.  16T*>- 
1684;   also   sec.    1506;    (Constables,   sec.    1678.) 

See.  .').  Suspension  and  removal  of  officers. — Any  elected  city 
officer  may  he  suspended  In  tii<'  Mavor.  and  removed  hy  the  Council  for 
cause;  and  any  apjointed  ofticer  may  lie  removed  l)y  the  Mayor  or  ("ouncii 
for  cause.  In  either  case  the  Mayor  shall,  temjioi'arily.  till  the  vacancy, 
except  as  hereinafter  provided. 

For  ordinance  ijrovisions  relating  to  suspension  and  removal  of  officers,  causes, 
procedure,  filling  vacancies,  etc..  see  Rev.  Code.  Ch.  20,  Art.  2,  sees.  1691-1706; 
for  removal  of  Mayor.  R.  C  sec.  1512.  As  to  fining  vacancies  in  appointive 
officers  removed  by  Mayor  or  council  see  in  addition  to  above  Charter  provision 
(sec.  5)  Rev.  Code.  sees.  1703-1704;  filling  vacancies  by  Mayor  where  appointive 
officer  removed  by  council,  etc..  see  Charter.  Art.  IV.  sec.  8;  R.  C,  sec.  1704. 
Filling  vacancy  in  elective  offices  see  Charter.  Art.  IV.  sec.  6;  also  sec.  13  and 
note;  R.  C,  sec,  1689,  filling  temporar.v  vacancy  caused  by  suspension  see  also 
R.  C.  sec.   1694. 

Filling  vacancy   in  Municipal   Assembly  see  Charter.   Art.   III.   .sec.    7. 

As  to  removals  by  Commissioners  of  Charitable  Institutions  see  Charter,  Art. 
IV,   sec.    49   and   note    thereto;   also   Rev.    Code.   sec.    1720. 

The  state  statute  (Rev.  St.  1899.  sec.  2346)  provides  that  if  any  city  officer 
becomes  interested  in  any  city  contract,  etc..  he  is  guilty  of  a  misdemeanor, 
and  if  appointive  he  shall  be  dismissed  by  the  Mayor,  if  elective  the  Mayor 
shall  suspend  such  official,  report  to  the  council,  which  shall  try  him  and  by 
two-thirds  vote  dismiss  him:    State  vs.  Kelly.   103  Mo.  App.   711.   714. 

.\n  olTioe  l»  vneant  in  legal  intendment  for  all  purposes  of  election  and  appoint- 
ment when  the  term  has  expired,  as  in  case  of  death,  resignation  or  removal, 
and  also  where  the  incumbent  is  a  locum  tenens  or  holdover  holding  until  his 
successor  be  appointed  or  elected  and  qualified,  provided  provision  is  made  by 
law  for  filling  the  office  by  appointment  or  election:  State  ex  rel.  vs.  Thomas. 
102  Mo.  85.  overruling  State  vs.  Lusk.  18  Mo.  333  and  following  State  vs.  Seay. 
64  Mo.  88  (holding  a  vacancy  occurs  where  one  dies  after  election  and  before 
commencement  of  term),  -and  State  ex  rel.  vs.  Stonestreet  supra;  but  for  pur- 
poses of  salary,  and  continuing  the  office  so  that  there  is  ho  vacancy  in  the 
functions  thereof  a  difterent  rule  applies.  See  for  instance  State  ex  rel.  vs. 
Smith,   87   Mo.    1,')S. 

The  ^Tonl  "officer"  in  this  section  (Charter,  sec.  5,  Art.  IV)  means  such  as  is 
referred  to  in  the  Charter.  An  inspector  of  buildings  is  not  an  officer  within 
the  meaning  of  this  section:  Magn.r  vs.  St.  Louis.  179  Mo.  495.  502;  State  ex  rel. 
vs.   Longfellow.  95  Mo.  App.   660. 

.\s  to  who  is  an  "officer"  see  note  to  Chart..  .Xrt.  IV.  sec.  43  and  cases  there 
cited. 

Right  to  Miiljiry  of  suspended  or  i-emoved  officer  is  discussed  in  the  note  to 
Art.  XVI.  sec.   17;  see  also  oridnance.  sec.  1705  of  R.  C. 

Power  to  remove  ordinarily  includes  power  to  suspend:  Blackwell  vs.  Thayer. 
101  Mo.  App.  661;  State  ex  rel.  v.s.  Lingo,  26  Mo.  496.  499  (under  St,  Louis  ordi- 
nance   and    Charter). 

"The   power    to  amove  a   (corporate   officer   from    his   office,    foi-   reasonable   and 

just    cause,    is    one    of    the    common    law    incidents    of    all    corporations 

For  the  reason  of  the  thing,  from  the  nature  of  corporations,  and  for  the  sake 
of  order  and  government,  the  power  is  incidental;"  State  ex  rel.  vs.  Walbridge. 
119   Mo.    1.   c.    394.   quoting  from  Dillon, 

And  the  power  to  remove  for  cause  is  authorized  hy  the  general  welfare  clause 
of   the   Charter:    lb.,  p.   393. 


AKT  1 V.  S.-1-.  I!.  I  i-tiAi;Ti:K  III-  Tin;  r\r\  m    si-    i.iu  is  347 

An  a|i|iiilnliiii'iit  foi-  ii  ili'lhilto  l>-iiii  liu|iU<'»  tluil  tli.-  Ini-uinlii-nt  <'iiniirit  be  re- 
moved cxi-fiit  for  lause  ilfslKi'uitfil  liy  law.  per  Hi'ybiirn.  .1..  In  llor.stniann  vs. 
Ailamson.   lOI    Mn.   Apii.    1 1'.i.   IJt.  Slatf  fX  re",  vs.   Hrown.  ST   Mn.   .Vpii.   I.   i-.   2m. 

And  a  riKlit  to  riMiiovc  only  for  oaiise  Impllfs  that  tlnTi>  must  be  reasonable 
notleo.  anil  apeellleatlons  of  the  oharKes  made,  and  an  opportiinlt.v  to  be  heard 
hy  the  one  soiii^ht  to  In-  removed,  and  this  even  where  there  Is  no  express 
provision  to  that  effeet  slnee  this  Is  Implied  as  Intended:  State  ex  rel.  vs. 
WalbrldKe.  119  Mo.  SS:!.  :l9l-."9.'i;  State  ex  rel.  vs.  St.  Louis.  90  Mo.  19:  State 
ex  rel.  vs.  WalbrldRe.  B2  Mo.  App.  162.  li>4:  State  ex  rel.  vs.  Brown.  .">"  Mo. 
A  pp.    199. 

in  siieli  easi-.  when-  nelthir  tlU'  CliartiT  nor  ordinanees  make  any  provision  fur 
the  mniHS  whereby  the  amotion  or  removal  of  an  a|>polntlve  officer  Is  to  he 
effeeted.  .vet  if  the  Krant  of  power  is  Klven.  nil  the  means  neeessary  to  effeetnate 
the  power  pa.ss  as  inehlents  of  the  srrant:  State  ex  rel.  vs.  Walbrldge.  119  Mo. 
383.  394.  396.  ("The  Mayor  has  all  tlie  power  neeessary  to  earry  Into  effeet  the 
authority   Kninted   by    the  ("hartir.") 

The   reeord   of    the    proe lln>ts   of   tlie   Mayor   in    exerelslnK    power  of    removal 

vested  In  him  by  Charter,  should  show.  In  ease  of  an  appointive  ofttcer.  that 
eharites  siifllelent  In  law  were  preferred  against  him.  that  due  notice  was  Riven, 
and  a  trial  had  whereat  he  \vas  permitted  to  be  heard,  and  an  order  of  re- 
moval   for  eaiLs.'  enteri'd:      Stale  ex    rel.    vs.    Walbrldffe.   K2    Mo.    .\pp.    1.   e.    l(H-16.i. 

.\n  attempted  removal  which  is  unlawful  will  not  prevent  the  incumbent  from 
neoverluK  his  salary  by  mandamus:  S'-e  authorities  In  note  to  Chart..  .\rt. 
XVI.   sec.    IT. 

Where  the  Cliartcr  piimii.-  ninoval  "for  cause"  but  does  not  specify  wliat 
causes  art*  suftlcii»nt.  the  question  of  what  cause  is  sufficient  Is  a  judicial  one  to  hf 
determined  by  the  court  from  the  circum.stances  in  each  case:  what  would 
hi-  cause  as  to  one  oftice  mtKht  not  be  as  to  another  oftlce:  State  ex  rel.  vs. 
Walbrldpe.    69   Mo.    App.   6.'>7,    1.   <•.    669. 

.\  Ken»*ral  alb-j^ation  of  misconduct  in  office  is  tori  \-a^cui-  and  Indertnite:  tlie 
specillc  acts  complained  of  should  be  stated  In  the  reeord  of  the  tribunal  tryinsf 
the  ofticer.  in  order  that  it  mlf;ht  appear,  as  a  matter  of  law.  that  It  has  Juris- 
diction of  the  alleged  offense;  the  proceedinicr  is  summary,  and  the  rei'ord  should 
be  precise:  no  intendments  can  be  Indulged  as  to  the  Jurisdiction  and  regularity 
of  the   proceedings:     Slate  ex  rel.   vs.   I.iUpton.  i'>t   Mo.   tl.'..   417. 

But  where  the  law  conferring  the  authority  to  make  the  appointment  is  silent 
as  to  tlie  right  of  removal,  and  there  is  no  limitation  as  to  the  tenure,  the 
right  to  appoint  carries  with  It  the  absolute  right  to  remove,  without  notice, 
and  at  pleasure:  Horstmann  vs.  Adamson.  10!  Mo.  App.  119.  12.'>.  citing  a  number 
of  authorities  on  the  point,  state  and  federal;  State  ex  rel.  vs.  Johnsi>n.  12:!  Mo. 
43.  .iO.     S.-e  also  Shurtieff  vs.  I".  S.,   189  V.  S.  311.  314. 

And  an  officer  holding  over  after  the  expiration  of  his  term,  wlio  Is  a  nu-re 
locum  Ifirni  until  his  successor  Is  appointed,  may  be  removed  at  pleasure  by 
the  appointing  power  at  any  time  without  notice  or  cause:  State  ex  rel.  Kifc 
vs.  Hawes.  ITT  Mo.  360.  and  cases  cited:  State  cx  rel.  vs.  Stonestreet.  99  Mo.  3TT 
(holding  also  that  In  making  subsei|uent  appointments  the  executive  cannot  dis- 
regard th.'  term  as  llxed  by  law.  but  can  HU  only  the  unexpired  portion  of  th-- 
term  as   It   would   be   if  there  had   been   no  holding  over). 

Neither  above  Charter  provision  (Art.  IV.  sec.  .">)  nor  ordinance  provisions  (now 
It  »'.  16i>I  et  siq.)  were  repealed  by  the  state  statute  providing  for  the  removal 
of  any  slati  .  eount.v  or  cit.v  ofrtcer  guilty  of  willful  and  corrupt  negliM't  of 
orndal  iliity  and  for  trial  by  i..iv  if  .|..i,,,im.I.-.|  si.i.-  .  t  •..!  vm  WmH. ridge.  119 
Mo.    3.S3. 

See.  (i.  Sii>|>*'iiNiiiii  ol  clcclivc  o(li<-«'i">  1)>  ."M ;i\ or— act i«ni  «»f 
Council  tlU'lMMHi.  —  W'liciifviT  till-  Miiviir  .shall  sii.spi-iKJ  any  i-lfi-icil  unii-i-r.  In- 
.-liall  iimih-ili.'it.l  V  iiiitit'\  tlii'Ciiiiiii-il  iif  siii-li  .sii.>;j(fii.<iiiii.  ami  till"  i-iiii.-ii'.sllifrct'iir. 


348  CHARTER   OF  THK   CITY    OF  ST.    LOflS.  [ART.  IV.  Sec.  7  10. 

If  the  ("oniicil  be  iiol  in  session.  Ilicn  he  sliall  inini('(liatt'lv  lail  a  session  of 
the  same  in  such  manner  as  shall  he  jirovided  In  oi-diname.  The  Mayor 
shall  present  ehar}>es  against  such  susjiended  olticer  to  the  ('ouncil.  and 
furnish  a  coj)y  of  the  same  to  said  olticer,  who  shall  have  the  right  to  ap- 
pear with  a  legal  adviser  before  the  ("ouncil  for  his  defense.  If  a  majority 
of  all  the  members  elected  shall,  by  resolution,  sanction  the  action  of  the 
Mayor,  then  the  sus]iended  officer  shall  thereby  he  removed  from  office  and 
a  new  election  shall  be  ordered  to  fill  the  vacancy;  but  if  a  majority  dis- 
agree with  the  ^layor.  then  lie  sliall  be  immediately  reinstated. 

Suspension  and  removal  of  elective  officer  by  Mayor  and  tilling  vacancy:  See 
also  in  addition  to  this  section  (sec.  6)  preceding  section  (.i.)  and  note  thereto 
appended:  also  ord.  R.  C,  sec.  1695  ft  sea;  Charter,  sec.  13  of  this  article.  As 
to  removal   by  council  see  infra  sec.   12;   Rev.  Code.  sec.   1704. 

See.  7.    Kenioval  of  appointive  officers  aii«l  filliiiyof  vaeaneies. 

— Wlienever  the  .Mayor  shall  remove  any  a]i]poiiited  officei-  from  office,  he 
shall  immediately  notify  the  ("ouncil  of  such  removal  and  the  causes  there- 
for, and  said  Council  shall  fill  the  vacancy  by  electing  a  suitable  person  to 
fill  the  place.  If  the  Council  be  not  in  session,  the  Mayor  shall  temporarily 
fill  the  vacancy,  and  shall  rejiort  the  fact  of  the  removal  at  the  next  session 
of  the  Council.  The  Mayor  shall  have  the  same  power  of  removing  an  officer 
so  elected  as  if  he  had  been  ajijiointed  by  the  Mayoi'. 

•See  note   to  sec.   ij  of  .\l-t.   IV.   supra. 

Sec.  8.    Ai)poiiitive  officers  removed  l>y  Council — 3f  ayor  to  filf 

vacancies. — All  uiii<'crs  ajipoiutpd  by  the  Mayor  shall  be  subject  to  removal 
by  a  majority  of  the  elected  members  of  the  (_^ouncil,  but  if  so  removed,  the 
Mayor  shall  fill  the  vacancy  by  another  person,  and  no  confirmation  of  the 
Council  shall  be  required,  ^^'henever  the  removal  of  any  officer  by  the 
Council  be  jiroposed,  and  the  same  is  not  in  session,  the  I'resideiit  thereof 
shall,  upon  a  request  in  writing  of  five  of  its  members,  call  a  session  thereof 
for  the  consideration  of  such  removal. 

Bee   notes   to   preceding   sections;   Rev.   Code,   sec.    1704. 

Sec.  9.  Appointments  l)y  Mayor  to  be  confirmed  by  Council — 
Council  may  elect  officers — Avhen. — All  aiipoiutments  made  In-  the  Mayor 
shall  re(piire  the  confirmation  of  a  majority  of  the  members  of  the  Council.  If 
the  ('ouncil  shall  refuse  to  confirm  the  appointment  of  the  Mayor,  then  he 
shall,  within  ten  days  thereafter,  nominate  another  iierson  to  fill  the  office, 
and  he  may  continue  to  nominate  until  his  nominees  are  confii-med.  If  the 
Mayor  fails  to  make  another  nomination  within  ten  days  from,  the  rejection 
of  a  nomination,  then  the  Council  shall  elect  a  suitable  person  to  till  the 
office  during  the  term. 

See  R.  C.  sec.  1685. 

An  ordinance  which  reijuired  in  addition  to  the  approval  by  the  council  that 
the  city  chemist  shall  receive  the  approval  of  the  board  of  health,  even  if  such 
addition  be  unauthorized,  does  not  render  void  the  appointment  in  accordance 
therewith,  as  the  greater  includes  the  lesser  requirement:  St.  Louis  vs.  Liessing, 
190   Mo.    464.    4<il. 

Sec.  10.    Qualifications  of  elected  an«l  appointed  officers,— All 

elected  and  ajppointed  officers  shall  possess  the  folbnviiig  (pialifications :  Tliey 


AKT.  IV,  Sfi-.  10.1  CHAKTi:t:  OF  Till-:  I'lTY  OV  ST.   LOl'IS.  349 

I4|i:lll  lia\c  lircii  rili/ciis  nC  llic  Inilfd  SKiIcs  :iiiil  nT  llic  Citv  of  Si.  Louis 
for  III  Icii.si  l\\i)  M-ars  previous  lo  ilicii-  clcciioii  or  a|i|ioinl  iiifiil ,  and  shall 
\h-  alilf  lo  read  ami  writr  tlic  Ilii^lisli  laii^iia;;i'.  Tiii'.v  shall  iiol  al  Ihi'  liiin" 
of  tlit'ir  oU'ctioii  lie  in  arn-ar  to  iho  cily  for  (axes,  or  iii<lfl>t«-<l  to  (he  city 
in  any  way.  Tlicy  shall  not  he  intt'i-cslcd  oillicr  direct ly  or  indirectly  in 
any  contract  with  the  city,  oitlici-  for  work  to  1m>  performed  or  supplies  to 
he  furnished.  They,  excepting;  the  ( "oinniissioiiers  on  ( 'liaritahle  Institu- 
tions, shall  not  hold  any  Stale  or  I'ederal  oftice.  aii<l  shall  holil  their  oftices 
niilil    llieir  successors  arc  duly   (pialilii'd. 

(H-DtTuI  (inalllicadon.^  of  rit\'  otf ict-r.'i  as  rf(|uirf»i  by  firiiinancf:  See  K.  C  sec. 
1673.  By  C'on.st..  Art.  IX.  sec.  IS.  iu>  person  can  be  lioth  state  and  city  ofllcer 
or  nil  two  inunlclpul  ofttecs  (excepting  from  Its  operation,  notaries.  Justices  of 
the  peace  anil  mllltia).  .\  memlier  of  the  General  Assembly  cannot  be  appointed 
to  n  nuinlclpal  office:  State  ex  ret.  vs.  Vulle,  41  Mo.  29.  But  there  Is  no  consti- 
tutional Inhibition  aKainst  a  sheriff  or  deputy  sheriff  (who  is  not  a  state  officer 
within  the  meaninR  of  this  section)  from  also  holding:  the  office  of  school  di- 
rector: Stat)'  ex  rel.  vs.  Bus.  135  Mo.  3L'.t.  with  discussion  of  the  various  pro- 
visions   and    citation    of    cases    construing    same. 

Free  passes  on   railroads  operate   to   fort'i'lt  office:     Const..   Art.   Xll.   sec.   M. 

As  to  (luallDcatlons  of  municipal  assemblymen  see  Charter.  .\rt.  111.  sees.  Sand 
10  and   note. 

A  collector  or  receiver  of  public  money  or  an  assistant  or  deputy  Is  Ineligible 
to  oftice  until  he  has  paid  over  the  public  money  he  may  be  accountable  for: 
Const..   .\rt.   II.   s.e.    I!> 

l(e«lileiii'<-  mill  el  I  l/.<.iii>hlp :  "No  person  shall  lie  elected  or  a|>polnb.>d  to  any 
ofike  In  tills  state,  civil  or  military,  who  Is  not  a  citizen  of  the  U.  S.  and 
who  shall  not  have  resided  In  this  State  one  year  next  |)recedingr,"  etc. 
Const..  Art.  VIII.  sec.  12.  See  Barclay.  .1..  In  State  ex  Inf.  vs.  Vallins,  110 
Mo.  I.  c.  537:  See  as  to  residence  In  city  being  necessary  quuUncatlon, 
Charter.  Art.  IV.  sec.  19.  For  a  case  where  it  was  held  that  one  elected  was  not 
entitled  to  office  because  under  the  facts  in  evidence  he  was  not  a  citizen  of  the 
city  of  St.  Louis  as  required  by  Charter.  Art.  IV.  s.c  10.  see  State  ex  rcl.  vs. 
Williams.  99  Mo.  291. 

Pn>'tiirDt  of  InxrK  on  the  day  of  election  Is  in  time  to  avoid  ineligibility :  State 
ex  Inf.  vs.  H.rkel.y.  140  Mo.  1S4.  .A.  receipt  for  taxes  made  the  day  after  an 
election  without  specifying  amount  or  property.  Is  worthless  as  evidence  to  show 
paym»'nt   of  taxes:      State  e\   rel.   vs.   Williams.  OO   Mo.    291. 

oiTfi-iTH  ii«ii  lo  hi-  iiiii-n-sii-ii  111  <-)(>  eDiitriM-iN.  The  provisions  of  this  section 
of  tie-  I'narti-r  ilo  noi  ii|ipiy  to  an  •Uction  lonimlssloner  in  the  City  of  St.  Louis, 
who  comes  ni'lther  within  the  letter  nor  spirit  of  the  prohibition:  State  ex  rcl. 
v.s.    Meier.   96   Mo.    App.    160. 

Kev.  St.  1899.  sec.  2346.  provide  that  a  city  officer  who  becomes  interested  In  a. 
elty  contract  Is  guilty  of  a  misdemeanor  and  subject  to  removal:  State  vs. 
Kelly.  103  Mo.  App.  711.  714;  so  by  Charter.  Art.  XVI.  sec.  11.  Sec  also  as  to 
validity     of  city  contracts,  note   to  sec.   7  of  Article  XVI  of  Charter. 

For  authorities  on  analogous  points,  and  those  of  otiier  states  see  discussloa 
In  McQutl.  unofflclal  work  on  "Amended  Charter."  pp.  244-246:  also  In  M.  C, 
p.  230.  The  principle  Is  the  same  as  that  which  prevents  a  trustee  or  admin- 
istrator In  dealing  with  himself  In  the  trust  funds:  See  Dillon  Mun.  Corp.,  sec. 
444  (4th  Ed.»:  Woerner  on  Ailnilnlstnitlon  C.'nd  Kd.)  see.  ?.?.\  p.  '"OO  ct  soq.; 
(*.  sec.  487.  p.  •1082    ,l  srn. 

In  view  of  the  provisions  >'i  in-  •  .-u.^i  liuiM-ii.  .-.lai  ut.-.^.  I'M.tM.-r  and  common 
law.  there  Is  llttif  doubt  that  contracts  by  the  elty.  with  a  city  official,  or  with 
a  rirra  or  corporation  In  which  a  city  official  Is  Interested,  are  void,  and  recovery 
thiTi'On  cannot  be  had  against  the  city;  it  was  so  held  In  an  opinion  by  City 
Counselor  Bates,  reviewing  the  authorities  and  legal  provisions  applicable  In 
an  opinion  dated  June  9.  1902  (number  534  of  iMvr  I>ept.  (lies).  Amongst  the 
ca.ses  cited  hy  him  are:  Berka  v.i.  Woodward.  125  Cal.  199  (45  L.  R.  A.  420); 
4     Pa     I>i»t.     Ilep.    707:    State    vs.    Alderman,    34     N.    J.     I^    390;    Call    Pub.    Co.    vs. 


350  JNDKX  TO  STATK   LAWS   FOR   ST.    LOUIS.  |ABT.  IV.  Sec.  11-13. 

Lincoln,  29  Neb.  149;  (Sas  Co.  vs.  City.  2S  Neb.  S52;  Bellaire  Co.  v.s.  Findlay.  5  Oh. 
C.  C.  418;  Bell  vs.  Quinn,  2  Sandf.  146;  Currie  vs.  School  District,  35  Minn.  163; 
Findlay  vs.  Pert/.,  66  Fed.  427  (29  L.  R.  A.  188);  Borough  of  Milford  vs.  Water 
Co..  124  Pa.  St.  610;  People  vs.  Town.ship,  11  Mich.  222;  Pickett  vs.  School  Dis- 
trict, 2,'>  ^'is.  ."uil;  Fort  Wayne  vs.  Rosenthal.  75  Ind.  156;  Smith  vs.  Albany, 
61  N.  Y.  444;  State  vs.  Water  Co.,  56  N.  J.  L.  422;  Sherlock  vs.  Village  of 
Winnetka.  6.S  III.  530;  Mc.\dam  vs.  Alderman,  36  Hun  (N.  Y.)  340;  State  vs. 
RichanlK.    2S    L.    R.    .\.    298    (Montana). 

Sim-.  1 1 .  Officers  to  devote  their  entire  time  to  otfieial  iliities — 
lumrs  for  iiiuiiieipal  Imsiiies.s. — Any  rity  officer,  e.xceiitinirtlu' Mayor  and 
( "oiiiiiiissioiuMs  on  ("liariTable  Institutions,  wlio  sliall.  except  when  absent 
from  the  city,  fail  to  devote  liis  entire  time  duriiiy  business  hours  to  the 
duties  (tf  his  oftice,  shall  be  remoxcd  or  suspended  by  the  flavor  or  Council. 
.\11  city  offices  shall  be  kept  open  from  ei^ht  oVIock  a.  m.  to  six  o'clock 
p.  ni.  from  1st  of  April  to  1st  of  October,  and  from  nine  o'clock  a.  m.  to 
five  o'clock  p.  ui.  from  1st  of  October  to  1st  of  April. 

"No  person  elected  or  appointed  to  any  office  or  employment  of  trust  or  profit 
under  the  laws  of  this  state,  or  any  ordinance  of  any  municipality  in  this  state, 
.shall  hold  such  oftice  without  personally  devoting  his  time  to  the  performance 
of  the  duties  to   the   same  belonging";    Const.,  Art.   II.   sec.    IS. 

By  Laws  Mo.  1903,  p.  93,  amending  R.  S.  1899,  sec.  6247,  it  is  made  the  duty 
of  heads  of  departments  of  cities  of  over  300,000,  etc.,  where  there  are  deputies, 
assistants  or  clerks  to  close  the  doors  of  said  office  at  12  o'clock  on  Saturdays, 
except  when  the  necessities  of  the  service  require  them  to  work;  and  the  pro- 
vision does  not  apply  to  fire  and  police  forces.  (See  Laws  Spec.  Appl,  to  St. 
Louis,  ante  p.   160,   sec.   349.  Chap.   12.) 

As  to  leave  of  absence  see  Rev.   Code.  sec.  1688. 

No  deduction  from  the  legal  salar>'  can  be  made  because  an  officer  does  not 
devote -his  time  to  his  official  duties;  Bates  vs.  St.  Louis,  153  Mo.  18  (see  as  to 
right  to   salary   note   to   .Art.   X^"I,  sec.    17). 

See.  11^.     Keiuoval  of  electe«l  officers  by  Coniicil— reniovai  of 

Mayor. — Any  elected  city  ofiieer  may  be  removed  from  office  by  a  two-thirds 
vote  of  all  the  meml)ers  of  tile  Council,  notice  thereof  and  an  oji]iortunity  to  be 
heard  by  coun.sel  beinj;  "jven  1o  said  ofticer.  In  case  the  .Mayor  shall  be 
reino\e(i  from  oftice.  then  the  I'resident  of  the  Council  shall  a<-t  as  Mayor 
until  a  Mayor  is  elected.  Wlienever  any  city  officer  shall  be  removed  from 
office  by  the  Council  the  yeas  and  iiays  sliall  be  recorded  on  the  journal  of 
that   body. 

See  discussion  and  authorities  in  note  to  sec.  5  of  tliis  article.  See  same  sec- 
tion for  removal  and  suspension  of  officers. 

Ordinances  for  vacancy  in  office  of  Mayor,  see  R.  C.  sees.  1513.  1514;  for  re- 
moval of  Mayor  by  council:  R.  C,  sec.  1512.  Vacancy  in  Mayor's  oftice  within  6 
months  of  expiraticm  of  liis  term  see  next  section    (sec.   13). 

Sec,  l:!.  Vacancies  in  efective  offices— liow  fifle«l. — In  ease  any 
elective  office  shall  become  vacant  within  six  iiKUiths  from  the  expiration 
of  the  lime  for  which  its  incumbent  sliall  have  been  elected,  then  the  Coun- 
cil shall  b\  election  till  the  vacancy  for  the  unex]iiied  term.  In  case  the 
.Mayor's  oflice  shall  become  \acanl  within  six  iiionlhs  from  the  expiration 
of  liis  term,  then  the  rresideiil  of  the  ('ouiicil  shall  be  (.raf/icid  Mayor  for 
the  unexpired  term. 

See  for  ordinance  similar  to  this  section  R.  C,  sec.  16.S9;  ord.  for  filling  vacancy 
in    Ma.vnr's   oftice   see    R.    C   sees.    1513-1514. 

.\s  to  tile  suspension  and  removal  of  officers,  existence  and  tilling  of  vacancies 
see  note  to  sec.   5  of  this  article. 

The  above  section  13.  providing  for  filling  vacancies  occurring  In  an  elective 
office    -.vitliin     six    months   of   expiration    of    term,    etc..   does   not    (in    view    of   .^rt. 


AUT    IV,  Soi-.  U-16. 1  rHAUTKH   UK   TIM-:   fTCY    ill-'   ST.    I.Ol'lS.  3yl 

111.  si'i-.  26.  i'liius<-  S)  excliiUe  tlio  right  of  tin-  iiuinicipul  asspiiihly  to  make  pro- 
vlsldii  fi)r  IIIIInK  "  vacancy  occurring  uiurf  than  six  months  before  the  expira- 
tion of  the  time  tor  which  the  term  runs,  and  the  ordinance  applying:  to  such 
iiise   (ninv   R    C  .  sii-    Ifitift)    Is   valid;    State  ex   ri-l.   vs.  Thomas,    lo:;   Mo.   sr>.   S9. 

Sir.  1  1      I  )«'inil  it's  of  SlirrilVs.  (•!«• Thi-   Slii-iilV.  ( "uidiicr  ;iiid  Mar 

kIi:iI  iiia\    lia\c'  s\u  li  di'iml  ics  as  iiiav   tic  inuviilril  liy  iiriliiiancc. 

Assi.Htiiiits  iiia>  Ix'  r«'m<»\  <mI. — The  as.-iistniits  of  uiiv  officer  ^liall  Imlil 
tlicirposiliidi  iliirinir  s^'imd  licliaviur.  niilcssutlicrwi.-ic  providcil  liy  (ir<iiiiau<'c,  Init 
iiia.v  Ix-  I'ciiiovcd  for  cause  l>\  the  Mayor,  or  \>y  tlic  ofliccr  under  wboui  tlicj 
work,  at  his  jdcasiirt'. 

See  note  below. 

Offh'cs  to  !>«'  in  City  Hall. — All  nfficisof  tlic  sivcial  <lciiartiiicnts(d'thc 
cii\  shall  lie  in  the  t'iiy  liall  or  some  othiT  liuildinj;  owned  liy  the  ••ity, 
linleNs  ollieruise  specially   |ii-o\  idcd   li\    the  .\ssciidily. 

lieputlis  of  Marshal,  see  U.  C,  sec.  1332.  Duties  of  Marshal,  see  Charter  IV. 
sec.    31:    R.  C.  sees.    1329-1333;   Scheme,  sees.  6,  18,  27.  30. 

Sheriff's  duties  and  powers:  Scheme,  sec.  18:  Especially  Act  on  Sheriffs  and 
Coroners  In  St.  Louis  R,  S.  1899.  pages  254S-25,">1;  also  set  out  herein  under 
■Ijiws  Specially  Applicable  to  St.  Louis,"  Chapter  29.  sees.  .toO-G68:  when  entitled 
to  counsel   see  I*,   sec.   ."ieS:  R.   6.    1899,  sec.   10046. 

Coroner's  duties  and  powers:  Scheme,  sec.  5;  R.  S.  1899.  pages  2.148-2551.  set 
out  herein  "I..aws  Sp.  Ap."  etc..  sees.  555.  etc.  As  to  election  of  coroner  see  nott 
to  Charter.   Art.   IV.  sec.   1. 

.\mlataiilii  lo  »rnerr«:  Inspiitors  of  buildinKs  are  "assistants  "  to  the  Building 
Commissioner  within  this  section  and  removable  by  him  at  pleasure;  Magner  vs. 
St.  Louis.  179  Mo.  495.  504:  State  ex  rel.  Knlttel  vs.  Lunirfellow.  93  Mo.  App. 
364   and   State  ex   rel.   vs.   Longfellow,   95  Mo.   App.   66i> 

Office*  In  City  Hall:  There  Is  no  law  prohibiting  tlie  ieM>i>\al  of  the  recorder's 
office  from  the  old  courthouse  to  the  new  city  hall,  nor  does  it  make  any  dif- 
ference (hat  the  latter  is  on  ground  which  was  outside  lli"  'iiv  tenitw  wiien  tha 
city    was   the  county   seat:     Babcock    vs.    Malin,    175  Mo.    13i: 

Sec.  I.'i.  <jiialiticalioiis  of  >Ia\or. — Tiie  Mayor  sliali  lie  the  chief 
expoiifive  tifliecr  of  llic  ciiy:  shall  lie  at  least  thirty  years  of  a};e.  When 
the  Mayor  ceases  to  possess  the  c|iiaIiticatioiis  i-efjiiired  in  tliis  Charter,  his 
ofrtce  shall  iK'conie  vacant. 

The  provision  'iriglnally  contained  in  this  section  (15)  reiguirinK  the  Mayor  to 
be  a  freehold*'r  of  property  In  the  city,  was  superseded  an»l  annulled  by  pro- 
visions of  Rev.   St     1S99,   ser    r.2.'.9.  and   Is  omitted. 

See.  Hi.  Dili  i«-N  oi  t  lit'  >la>or — may  icmit  lines,  «■(«•.  may  ap- 
point «'\amin«>rs. — He  shall,  from  time  t<>  time,  jrive  the  Asseiiilily  iiiformu- 
tioii  i-el.itive  til  the  stHti-  of  tlic  citv.  iiiid  sluill  recoiumciid  to  their  consideration 
Kiicli  measures  as  he  may  deem  exiie<lient  in  the  interests  of  the  city.  He 
shall  fake  care  that  the  laws  of  the  Slate  and  the  ordinances  of  the  city  are 
respected  and  enforced  within  the  city;  and  may  remit  fines,  costs,  for- 
feitures and  penalties  duly  impo.sed  for  violation  of  any  ordinance,  and 
shall  make  a  report  of  the  same  to  liie  Assembly  at  every  session  thereof. 
He  shall  have  power  to  appoint  a  i'oni|>etent  person,  or  persons,  to  examint^ 
the  atlairs  of  any  departmeiil.  or  departments,  whenever  he  shall  deem  it 
p.ecessary. 

(Irdlnnneen  ■prelnliy  rrnprctlnic  nnd  rrlntlnK  tu  .Mayor,  ar*>  contained  In  Rev. 
Code.  Chap.  17.  se.s.  14^T-1.M4  In.liisive;  .«e..  HH.t  being  a  literal  repetition  of 
this   i-harter   clause. 

As  to  remission  of  lines,  penalties,  etc..  see  also  note  to  R.  C,  sec.  1497.  and  of 
police  court's   ptiwer   to  remit,  see   note   in  see.    1308.     The  authority   of   the  Ma>'or 


352  CHARTER  OF  THK  CITY   OF  ST.   LOUIS.  [ART.  IV.  Sec.  17-19. 

to  rfiiiit  a  tine  can  only  be  exercised  after  the  fine  has  been  imposed:  State  ex 
rel.  vs.  Noonan,  59  Mo.  App.  1.  c.  529.  relying  on  State  ex  rel.  vs.  Francis.  95 
Mo.   44.  ' 

Where  the  power  to  confer  a  grant  is  in  the  Mayor  and  assembly,  a  permit 
alone  from  the  Mayor  is  void:  Lockwood  vs.  Ry..  122  Mo.  1.  c.  95;  State  ex  rel. 
vs.  Noonan.  59  Mo.  App.  1.  c.  528;  nor  can  the  Mayor  alone  appoint  an  attorney 
so  as  to  make  the  city  liable  for  his  services:  Carroll  vs.  St.  Louis.  12  Mo.  444. 
Mandamus  lies  to  compel  the  Mayor  to  revoke  an  illegal  permit,  the  immunity 
from  Judicial  control  appertaining  to  the  office  of  Governor  not  attaching  to  the 
mayoralty:     State  ex   rel.   vs.  Noonan,   59   Mo.   App.   524. 

Sec.  17.  Abseiife  of  3Iayor — how  provided  for. — Tlie  Piesideiit  of 
the  Council  shall  perform  the  duties  of  Mayor  whenever,  and  so  long  as  the 
Mayor  from  any  cause  is  unable  to  ])erform  his  official  duties.  If  the 
Mayor  and  the  President  of  the  Council  arc  hoth  absent  from  the  city,  or 
otherwise  disabled  from  perfoniiing  the  duties  of  the  Mayor,  the  Speaker 
of  the  House  of  Delegates  shall,  for  the  riiii<»  being,  discharge  the  duties  of 
said  office,  and  either  of  them,  while  acting  as  Mayor,  shall  receive  the 
same  comi)ensatiou  as  the  Mayor. 

The  ordinance  (R.  C.,  sec.  1494)  is  literallj'  the  same  as  above.  The  compensa- 
tion of  the  Mayor  cannot  be  reduced  because  of  his  absence:  Bates  vs.  St. 
Louis,    153    Mo.    18.    22. 

Si'c.  IS.  Special  sessioim  of  tlie  Municipal  Assembly. — Tlic  Mayor 
may,  by  proclamation,  call  sjiecjal  sessions  of  the  Assembly,  gi\ing  not  less 
than  three  days"  notice,  and  shall  specially  state  to  them,  when  assembled, 
tlu'  objects  for  which  they  have  been  convened,  and  their  action  shall  be 
coutined  to  such  objects. 

Ordinance  provision  Rev.  Code,  sec.  1496.  is  tlie  same  as  above;  other  ordinance 
provisions  as  to  how  special  session  to  be  called  see  Rev.  Code.  sec.  1379. 

Under  the  above  charter  provision  (sec.  IS.  Art.  IV)  the  municipal  assembly 
specially  convened,  can  legislate  only  on  subjects  specially  stated  to  it  at  the 
time  that  it  is  so  assembled,  and  note  on  any  additional  matter  that  is  com- 
municated to  Jt  by  the  Mayor  while  in  session  but  after  the  session  began; 
and  the  Mayor  must  "specially  state"  the  object  when  convening  the  session: 
St.  Louis  vs.  Withaus,  90  Mo.  646,  affirming  16  Mo.  App.  247  and  holding  an 
ordinance  passed  at  such  session  void  as  not  within  the  object  stated  in  the 
opening  message,  although  in  the  latter  it  was  stated  that  other  matters  might 
be    submitted. 

But  a  reference  in  genera.)  terms  that  legislation  was  desired  under  designated 
articles  and  sections  of  the  St.  Louis  Charter,  was  held  to  be  sufficiently  definite 
in   .\llen   vs.   Rodgers,   20   Mo.   App.    290. 

,  So    also    it    was   thought    by    the    Kansas   City    court    of   appeals    that    where    the 

Kansas  Cit>'  charter  provided  for  special  sessions  on  call  of  the  mayor,  and  pub- 
lication in  the  papers  as  provided  by  ordinance,  and  there  was  no  such  ordinance, 
that  such  session  and  ordinances  passed  thereat,  are  void,  because  there  was  no 
publication;  but  the  court  further  thought  that  inasmuch  as  the  popular  con- 
struction was  otherwise  ■  and  had  been  acted  on  for  several  years,  so  that 
a  different  construction  "would  unsettle  many  titles,  distract,  if  not  destroy, 
many  private  interests,  and  impair  the  public  faith  and  confidence  in  a  great 
,  variety   of   merely    go\'ernmental    regulations   adopted   at    these    special    meetings," 

it  was  constrained  to  uphold  the  validity  of  such  meetings,  notwithstanding  the 
court  thought  them  void:  Forry  vs.  Ridge.  56  Mo.  App.  615.  622.  foHowed  in 
McQuiddv   vs.  Vineyard.   60  Mo.   App.   1.   c.   619. 

Sec.  l!i.  Officers  to  r<'s!de  «illiin  tlie  city. — The  prrmaiinit  nsi- 
dence  of  Hie  Mayor  and  all  other  officers  of  the  city  e.Kcejit  when  otherwise 
l)rovide(l  by  ordinance,  shall  be  within  the  limits  or  jurisdiction  of  the 
♦•ity;  otherwise  their  offices  shall   becoiiie  \acaiil. 

i''or  ordinance  see  R.  C,  sec.   16S7. 

See  as  to  ri'sidence  and  citizenship  being  (lualiflcation.  .\rt.  IV.  sec.  10.  and 
note. 


AKT.  IV,  Sec. ».  I  CII.\ltTt;i:    Ol'   TMK    crrV    nl.-    ST     I.MIIS.  ;j5;j 

Scr.  lit).      Diitifs  of  (oiiiptrollcr Tin    ('niuiitrullci- sliall  cxcnisi'  a 

srciitM-al  supei-visioii  over  the  fiscal  affairs  of  the  city  ;  the  collection  and  return 
into  tile  treasury  and  disliursenient  of  nil  revenui'  and  nione\s  of  tlie  city;  of 
all  |>ro|i(Miy.  assets,  and  ilainis.  and  the  sale  or  oilier  dis|)osilioii  tliereiil': 
and.  Iiy  and  with  the  adyice  and  consent  of  the  .Mayor,  shall  see  ilml  mII 
necessary  ollicial  and  le;;al  )>roceedin};s  aiv  had  for  the  jn-otection  of  liic 
city's  interests  in  all  such  |iro|ierty.  assels  and  claims;  that  |iro|ier  rules 
and  rei;uhitions  are  prescrihed  and  olpser\cd  in  relation  to  all  accounts, 
sellleiueiits  and  i-e|iorls.  connected  with  the  fiscal  concerns  of  the  city; 
thai  no  liahilil.\  is  incurred,  or  e.\|ieiidilni-e  made  rioni  ilic  ireasniy.  wilh 
oul  due  authtu-ily  <d'  law  :  and  Ihal  aiiiiioinial  i<iMs  ,irc  noi  o\ci-ilra  w  ii.  lie 
is  I'sjiecially  charp'd  uiili  ilic  |ii-cscr\  :i  i  icui  ol'  ilic  ci-edii  and  faiili  of  ihc 
city  in  relation  to  its  (nihlic  delii  and  olher  liahililies.  and  wheiievei-  il  is 
necessary  to  meet  paMiienls  llieri'<d'.  |irinci|>al  or  interest,  he  shall,  with 
the  written  approyal  of  the  .M.iyor.  make  his  rpt|uisitioii  for  a  warrant  on 
the  treasury  foi-  thai  |iiiipose;  and  shall,  with  the  .Mayor's  wi-itten  ai) 
proval.  do  and  perform  any  and  all  otlier  ads  and  ihin^s,  imi  incoiisislent 
with  ihe  |)rovisions  of  this  (liatler.  .md  any  ordinance  lliereiiiider.  as  are 
proper  to  accomplish  llie  diiiies  rouiciiiplaled  liciciii.  lie  siiail  make  an 
nual  reports  to  the  .Vssemhiy  and  lo  ilie  .Mayor  on  his  reijuesl.  on  ilui 
linancial  condition  and  recpiireinenis  of  the  city,  with  careful  slatemeiils 
and  estiniales  of  receijils  and  expenditures.  The  recor<ls  in  nis  oflice  shall 
show  the  tinancial  operations,  condilions,  propei'ty  as.sets  and  claims  of  Ihe 
city,  the  expenditures  aiiihorized  for  jiublic  works,  and  all  contracts,  wilh 
names  of  coniraciois,  in  which  Ilic  city  is  interested,  and  ilie  lioiided  or 
olher  indelitedness  ol'  llic  cil\.  He  shall  leipiire  all  claims  reluriis,  set 
tlenienls.  or  reports  hi  In-  \(iiiic(l  by  ariida\ii.  lie  shall  <-ouiilersif;n  all 
warrants  ilrawii  on  ihe  city  treasury  for  any  paymeiiis,  except  as  here- 
inafter provided,  and  shall  duly  record  the  ainounl  and  nature  id"  same. 
Me  shall  have  acce.ss  lo  the  hooks  ami  niln  r  records  of  any  department  un- 
d<'r  the  city  "government,  whenever  he  so  desii-es.  and  he  shall  see  ih.ii  ihe 
accoiiliK  of  the  city  are  kepi  in  a  plain,  methodical  nianiier. 
.•<t'v  RfV.  Code,  sec.  2427. 

Uttinl  of  (  Oiiipl  rolirr He  shall  -riv.-  Im.ihI  lo  the  cily  in  the  sn in  ot  noi 

less  than  iliree  hundred  thousand  dollars,  with  not  less  than  thr<'4-  ;;ood 
securities,  hiddi-rs  of  unincumhered  i-eal  estate  in  the  City  of  St.  Louis,  lo 
Im'  ap|iro\ed  li\    Ihe  .Mayor  and  Council. 

.-^' •    v,<\    Cii.l'-.  .If.-.  '.ML'i; 

.\<iiliti«>iiiil  (liitie.s  of  Conipt  roller llr  shall  have  a  seat  in  ciihcr 

hnmeh  of  the  Munieipiil  Assemlily,  with  a  i-itrlit  to  debate  on  any  (|Uestioii  per- 
tniniii;;  to  his  department.  Imt  shall  iiave  no  vote.  Should  any  jnd<;iiient  he 
n-tidered  a;;ainst  the  city,  for  which  no  provision  has  Iweii  made  hy  ordi- 
nance, or  othei-wise,  the  Comptroller  is  authorized,  with  Ihe  a|ipro\al  of  Ihe 
.Mayor,  lo  elfect  a  temporarx'  loan  to  meet  the  same,  and  to  do  and  pei-form 
all  otlier  ails  wilh  Ihe  approval  of  the  Mayor,  necessarx  to  jircserve  tln' 
I'li'dii  and  property,  or  rights  of  the  city,  and  |>erform  such  other  duties  as 
may  Ih'  provided  hy  ordinance.  .Ml  delintpient  or  s])ecial  ta.vliills.  and  all 
other  claims,  marshal's,  sheriff's,  or  constaldes"  deeds  or  ceiiilicales  of  sale, 
in  the  nature  of  liens  on  properly  in  which  the  city  is  dii-eclly  or  indii'cctly 
interested  as  owner  or  creditor,  shall  he  deposited  with  Ihe  Comptroller, 
and  his  receipts  taken  therefor  and  tiled  wilh  ihe  .\iiditor.     He  shall  keep  a 

full    and    complete    |-ej.'isler    thereof,    and    whencNcr    ihe   Tleasiirel-'s    receipt    is 


:t54  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  i  AUT.  IV.  Sec.  21-22. 

pit^sciiled  niid  filed  in  liis  offico  for  niiv  such  V)ill  or  claiin.  lie  shull  release 
I  he  siiiiie  on  I  lie  rejrister.  mikI.  when  necessary,  the  Mavor  and  ( V)n)j)troller 
shall  e.Neciile  a  i|nil  (  laiin  ileed  I'or  the  ])ro}ierty  i-edeenied. 

For  oftiinarifcs  specially  relalinjr  to  Comptroller  hereunder,  see  Rev.  Code, 
(•|i;ip.  -iT.  Art.  S  (sees.  2425-2437i,  some  of  which  are  reiterations  of  these  charter 
provisions:  respecting  treasur.v  department,  see  Ch.  .'i".  Art.  1    (sees.  2387-2405). 

•  There   are   many   other   charter   pi-nvisions   and   ordinane<-s   affecting   the    rights 

and  duties  of  Comptroller. 

See.  '21.  Duties  of  Auditor — official  lMm<l,et<'.— The  Auditor  shall 
be  the  n'eneral  aceoniiiaut  of  tlie  city,  and  as  such  it  shall  be  his  duty  tu  receive 
and  i)res(>rve  in  his  office  all  accounts,  books,  vouchers,  documents  and 
pai)ers  relatiii"  to  the  accounts  or  contracts  of  the  city,  its  debts,  revenues, 
and  other  fiscal  affairs,  and  to  adopt  a  jiroi)ei-  mode  and  manner  of  double- 
entry  bookkeeitinji'.  He  shall  state  and  lender  all  accounts  filed  or  kejit  in 
ills  office  betweiMi  the  city  and  other  person  or  body  corjiorate.  excejit  when 
otherwise  ]H-ovided  by  law  or  ordinance.  He  shall  examine,  adjust  and 
audit  all  nnsetlled  accounts,  claims  and  demands  against  the  city  for  the 
liayment  of  which  any  money  may  lie  drawn  from  the  city  treasury,  and 
after  havin<j  examined  the  same  with  all  accoinpanyin<;-  vouchers  and  docu- 
ments, shall  cei-tify  thereon  the  balance  or  true  state  of  .such  claim  or  de- 
mand, and  draw  his  warrant  on  the  Treasurer  in  jiayineut  thereof;  but  no 
such  claim  or  demand,  or  any  part  thereof,  shall  be  audited  ajiainst  the 
city  unless  il  is  aulliorized  by  law  or  oi-dinance,  and  is  in  jirojier  and  fully 
itemized  foi-m,  and  unless  Ww  amount  required  for  the  ]iaynient  of  the  same 
shall  have  been  ap)iid]priated  for  that  jiurpose  by  Ihe  .Vssembly,  He  shall 
have  power  to  administer  oaths,  and  shall  re(juire  settlements  of  accounts 
to  be  verified  by  affidavit,  whenever  he  thinks  ])roper,  and  shall  keep  the 
accounts  of  the  city,  general  and  sjiecial.  in  a  systematic  and  orderly  man- 
ner. He  shall  oive  bond  to  the  city  in  the  sum  of  not  less  than  one  hundred 
thousand  dollars,  with  not  less  than  three  securities,  who  shall  be  holders 
of  uniiicnmbered  real  estate  within  the  city,  to  be  ajtproved  by  the  JIayor 
and  ("oiincil.  He  shall  audit  all  bills,  when  jiresented  in  ju'oper  form  and 
duly  authorized,  bearinji'  the  necessary  signatures,  or  certificates,  and  other- 
wise in  accordance  with  the  law  and  ordinance.  He  shall  be  responsible  for 
all  acts  of  his  employes,         '~\_/ 

Ordinances   specially    relating    to    Auditor   hereunder,    see   Rev.    Code.    Chap.    37. 
Art.    2    (sees.    2406-2424);   and   respecting   treasury   department    t».   Art.    1. 

Sci'    discussion    ami    authoritie.'i    as    to    Auditor,    and    his    duties   and    powers,    in 
note   to   said   Art.    2   of  Chap.    37   of   Rev.   Code. 

Sec,  2'I.  Duties  of  Treasurer. — It  shall  be  the  duty  of  the  Treasurer  to 
receive  and  keej)  the  iiKuiey  of  the  city,  and  pay  out  the  same  on  the  war- 
rants drawn  by  the  Auditor  and  countersigned  by  the  Comptroller,  except 
as  hereinafter  provided.  All  moneys  belonging  to  the  city  received  by  any 
officer  or  agent  thereof,  either  from  collections,  loans,  sale  of  bonds,  fees, 
fines  and  fieiialfies  or  otherwise,  shall  be  deiiosited  in  the  city  treasury 
i-egnlarly  once  a  day,  unless  otherwise  provided  by  law  or  ordinance,  and, 
in  case  Ihe  ]ii-ovisions  of  (his  section  are  not  coiMjilied  with,  it.  shall  be  the 
Treasurer's  duty  to  rejxn-t  any  delinquencies  to  the  Mayor.  He  shall  give 
tri]dicate  receijits  in  all  cases,  one  for  Ihe  i)arly  jtaying.  one  for  the  Atiditor. 
and  one  for  the  Comptroller,  which  shall  .set  out  the  amounts  ])aid  and  from 
what  it  i)roceeds  and  to  what  account  credited.  All  jiayments  on  account 
of  pay  rolls  shall  be  made  by  the  Tivasurer.  after  the  same  have  been  audit- 
ed and  placed  in  his  hands  therefor.     His  books  shall  at  all  times  be  open 


AHT    IV.  Scr.  3.<.1  CHAUTKU  OF  TMK   CITY    OK   ST.    LOIMS.  355 

III  llif  iii.-*|icrl  ion  of  llio  M;i\iii-,  »  iiiiiiitiiillcr.  or  ;iiiv  iiii'iiilicr  of  lln-  .Mimici- 
pill  As.sciiiIiIn  .  ;ili(l  lif  sluill  i('|ioil  llii-  li;il:ill('c  in  llic  ll-c;isiir\  cinli  (i;i\  to 
the  ( 'orii|ii  1  olIiT  anil  Mavor. 

1:         ■    "lo.  sec.  2439. 

Itoiul  of  'rr«';isiir«>r.  —  lli-  shall  {^iveboud  for  tin-  l';iiililnl  inrfornmuci'of 
his  iliii\  in  ihf  sum  ol'  nol  li-ss  than  tivi'  Imndrcil  llioii.saml  ilolhirs.  with 
not  ii'ss  than  livi-  si'iiifitii's,  who  shall  he  lioldi'i-s  of  iiiiinruMilx'rcd  fcal 
I'slMtc  within  the  ritv,  to  b*-  a|i|ifo\f(l  1(\    tin-  .Mavoi-  and  <'ouncil. 

Sdcrtloii  of  hanks  lor  <-il.\  dt'posit. — Tiic  Mayor,  ('oinplrollir  and 
Ti-t'asiircr  shall  aniiiiallv  st'Ici-t  a  hank  of  hanking;  iiiistitiition  which  will 
;;ivi'  till'  hi^hi'si  rate  ol"  inti'ivst  I'of  tin-  i-iii-i-i'iit  <I('|nisit  ol'  tin-  i-ity's  Iniids; 
J'niridnl.  Iiiiinrcr.  that  ht'roi-«>  any  <U>|iosit  shall  hi-  made  li.v  thi'  Tfcasni-cr. 
llii>  said  hank  of  liankin;;  institntion  shall  j;ivc  a  bond  lor  livi-  hiindt'i'd 
thousand  dollars,  with  >;ood  and  suriicicnt  stM-iifil  ics,  to  hi-  a]>iii'ovi'd  hy  a 
iinanitnons  voti-  of  the  I'lind  coniniissioniMs.  foi-  tin-  salV  kccpinj;  and  |(i-om|)t 
paynii-nt  of  said  funds  or  any  jiart  thri-i'of.  wIiimi  dcniandcd  hy  the  Treas- 
iiivr.  and  sliall  at  all  finies  keep  the  seen ri ties  on  its  Itond  satisfactory  to 
said  coniini.^sioiuM-s. 

l'V>r  orillnnine.s  speelally  appllcatilt'  to  Treasurer  liereiiiuler.  see  Rev.  Code. 
I'liap.  ST.  Art.  4  (.sees.  243S-244t;>;  for  treastir.v  <lepartmi-nl  seo  R.  C.  Chap.  37. 
Art.    1    (sees.  23ST-2405). 

l'"or  state  law  coniernlnK  selection  of  banks  for  deposit  of  city  funds,  see 
Ijiws  Mo.  1903.  page  95.  amending  R.  S.  1SS9.  sec.  62S1  (set  out  herein  In  "Laws 
Spec.   .Applicable  to  St.  Louis")   Ch.   21.  sees.  397-398;  see  R.  C.  .sec.  2439. 

Sec.  2;J.  Dnlios  of  Hofri.std*. — The  Kc-ristcr  shall  liavi-  tlic  custody  of 
the  city  -seal,  lin-  iiiililic  niords.  ihc  oi-ij;iiiai  rolls  of  ordinances  of  the 
.Municipal  .^sscnilil.\ .  all  oi-i<;iiial  contracts,  deeds  and  certilicates  relative 
to  the  title  of  any  property  of  the  city,  all  tdticial.  penal,  indenmity  or 
security  bonds,  and  such  otiier  records,  jiapers,  and  (loeuiiients  of  value, 
as  are  not  re(|uired  to  be  de|iosited  with  any  other  officer,  all  of  which  shall 
he  rejjistered  b\-  niiinliers,  date,  and  contents:  he  shall  attest  all  |iublic  in 
striinienis  or  id'ticial  acts  of  the  Mayor,  by  his  si<:iiatiire  and  the  seal  of 
the  city,  and  siiall  also  certify,  under  his  hand  and  the  seal  of  the  city,  all 
copies  id'  sinli  ori<:inal  dociinieiits.  records  and  papers  in  his  oftice.  as  may 
Ih'  re<|uired  by  any  ofticer  or  person,  and  charjre  therefor  to  individuals 
such  fees  as  niny  Ih*  j)rovided  by  ordinance,  and  he  shall  ])rovide  copies  of 
all  contracts  in  his  office  for  the  Auditor  and  Conipt roller,  when  recpiested 
so  to  do  liy  them.  Me  shall  have  jxeiieral  supervision  of  the  public  ]irintin<;. 
:iiid  sliall  .see  that  it  is  executed  as  hereinafter  provided:  ami  shall  cause  to 
In-  printed,  tiled  and  preserved,  in  liis  office,  all  ordinances  (passed  by  the 
.Vs.semlily  :  shall  rej;ister  and  preserve,  in  his  office,  all  contracts,  the  oaths 
or  aflirinat  ions  taken  by  the  city  officers,  and  may  administer  such  oaths 
or  aftiriiialion.s.  He  shall  appoint  such  clerks  as  he  may  reijuire,  subject  to 
the  approval  id'  the  .Mayor,  lie  shall  do  and  (wrforin  all  duties  now  required 
of  the  ("lerk  of  the  County  Court  1».\-  any  };eneral  or  special  law  not  iiicon 
sisteiit  with  this  .section  or  the  Sclieme.  and  shall  e.xercise  the  .same  power. 
aiitlioi'it\  and  jiiiisdiclion  as  said  clerk  for  the  proper  execution  of  the 
laws  of  this  Stall'. 

Ordlnioues  si»riaiiy  relating  tn  KeKi."ler  Ke\  L'nde.  I'hap.  2^.  seis.  2062-20fi». 
See  al.iii  note  to  said  Chap.  2S  and  to  sec.  2062.  as  to  the  duties  of  the  Register. 
He  performs  certain  functions  performed  by  the  county  officials  before  the  sep- 
aration of  the  City  and  County.  See  note  tlienon  and  references  Introductory 
to  Art.  I  of  the  Charter,  under  "General  considerations  respecting  the  Charter — 
transfer  of  old   county    functions    to   corresponding  City   officials."   etc. 


;J56  CHAKTKl:   lll'  TIIK   (MTV    1)1'  ST.    UOL'IS.  lAKT.  IV.  Sec. 

yec.  24.  Duties  of  Coll<»ct«)r — offifial  bond,  etr. — The  Collector 
shall  collect  all  city.  State  and  scbool  taxes,  licenses,  wharfai^e.  and  all  other 
claims  that  the  cit.\  may  liave  ajiainst  any  iierson,  and  shall  pay  the  same 
over  to  the  'rrcasiuer  once  each  da \ .  The  State  and  school  taxes  collected 
by  him  shall  be  i^aid  as  provided  by  law.  He  shall  -^ive  liond.  lor  the  faith- 
ful performance  of  jiis  duties,  in  such  sum  as  the  Municipal  Assembly  may 
deem  re(|uisile.  not  less  than  two  hundred  thousand  dollars,  with  five  se- 
curities, who  are  owners  of  unincuml)ered  real  estate  in  the  city,  wliich 
shall  be  ajiproved  by  the  flavor  and  Council:  ami  shall  keep  the  books  and 
accounts  of  his  oltice  as  nuiy  be  directed  by  ordinance,  or,  in  the  absence  of 
any  definite  re(|uirements,  the  ("omptroller  shall  prescribe  the  manner  of 
keepiufj  such  bonks  and  accounts. 

For  onlinan.  c-  provisioii.s  on  CoUec-tor  see  R.  C  Chap.  32,  sfcs.  2288-2297.  See 
also   Charter.   .Art.    IV.    sec-s.    .'iO   to   34    inclusive,   and   Art.   V..   sees.   30-35. 

That  provision  of  this  section  wliich  requires  the  Collector  to  collect  all  licenses 
is  superseded  by  the  statute  creating  the  office  of  license  collector,  and  con- 
ferring on  him  the  duties  respecting  licenses  theretofore  performed  by  the  city 
collector  or  license  commissioner.  ("U'ater.  dramshop,  boat  and  wharf  licenses 
are  excepted):  See  said  statute  law  herein  set  out.  with  notes,  in  "Laivs  Speci- 
ally Applicable  to  St.  Louis."  Chapter^  17  (sees.  382-392):  being  Laws  1901.  pp. 
80-82;  and  see  further  on  this  sub.1ect.  particularly  the  notations  to  the  Rev. 
Code.  Chap.  30.  constituting  sees.  2104  to  212.5.  See  also  sec.  22SS  et  se(|.  AnH 
,is  tn  (lranislKii>  licenses  .«ee  Chapt.  s  (sees.  229-236)  of  "Laws  Specially  Appli- 
cable to  St.  Louis."  witii  notations,  being  R.  S.  1899,  sec.  3019  tt  sfq  .  as  amended 
by    1.HWS    190.T.    p.    141:    and    notes    to    R.    Code.    sees.    21.50-2164. 

Concerning  tlie  duties  ui  (_'nIli-ctor  v\-ith  respet-t  to  taxatii>n  in  geneJ'a!  s.-.- 
Charter.  .-Sirt.  \".  sees.  :)(]-:!".:  also  ■  L;r>vs  Si)e<-iany  .\ppliealile  to  St.  Louis."  Chaj). 
26.   sec.    469.    471-492  and    notes. 

Sec,  2.").  Police  Justices,  powers  aiul  juris(licti<ni  of. — The  police 
justices,  or  any  actino  justices  pro  ion.  shall  have  jurisdiction  over  all 
cases  arisiiii;  under  this  Charter,  and  of  tlie  violation  of  any  ordinance,  or 
of  any  ]U'ovisions  of  this  Charter,  subject  to  appe;il,  either  by  the  city  or 
defendant,  to  the  St.  Louis  Court  of  Criminal  Correction,  in  like  manner 
as  provided  by  law  for  a]>peals  from  justices  of  the  ])eace  in  criminal  cases 
to  their  appellate  court,  and  power  to  juinish  all  contemjits  of  court,  by 
fine  not  exceeding  one  hundred  dollars,  and  by  imprisonmeiii  not  exceeding; 
ten  days:  and  jiower  to  enforce  all  lejial  orders  and  judernieiits,  as  a  court 
of  record  may:  and  jiower  to  jjive  final  ju(li;ment  ajiainsf  Ihe  ](rinci|»al  and 
security  on  an.\  forfeit(»d  bond  or  recouni/.aiiee  returnalile  lo  this  court, 
subject  lo  an  ajijieal,  as  in  other  cases. 

As  to  ordinances  on  Police  .Tiistices  and  i)olice  courts  and  officials  connected 
therewith,   see   Kev.   cy.de.   Chap.    13.    .\rt.    1    and   2    (sees.   12G1-1323). 

For  full  discussion  of  inattei's  relating  to  police  courts  under  the  cliai-ter  pro- 
visions, and  in  general  as  to  their  jurisdiction,  procedure,  nature  of  the  pro- 
ceedings, effect  thereof,  appeals  incident  to  police  court  matters,  executions,  viola- 
tions of  ordinances,  and  similar  matters,  see  note  to  Rev.  Code.  sec.  126r):  and 
also    notes   to   sees.    1279.    1264.    130.5   and   other   sections   under    .-Xrt.    1    of  Chap.    13- 

Sec.  :^(i.    Police  Justices  to  be  «*ouservators  of  tlie  peace,  etc. — 
Justices  of  the  Peace  to  have  concurreut  .jurisdiction  in  certain 

cases,  — The  police  justices  shall  be  conservators  of  the  peai-e  tlirouirh  the  city, 
ft  11(1  sliall  exercise  the  ]K>wersan(l  perform  the  duties  which  may  be  ]uvseribe(l  by 
ordinance.  The  juslices  of  the  peace  within  the  city  shall  have  c(Uicurrent 
jurisdictioij  with  the  ])()Iic(»  justices  in  all  cases  under  ordinances  or  diar- 
ler.  wlieii   liie  .Mayor  sliall  direct   ])rosecution  before  them. 

See.  27.    .>liini<'ipal  Ass<'nibly  iiia>  incr<*ase  nunib<>r  of  Police 
Justici's  and  estabJIsli  judicial  distrii-ts— Courts  of  l*olic<»  Jus- 


AK-r    IV.  SfO.  js  ».]  nHAHTIOrt    i>l-'   TIIK    CITV    i>l"    ST.    KOUIS.  357 

t  ir«'s,  \\  Ih'|-<'  Iu'UI. — Tlif  Miiiiici|i)il  Assi-inhlv  sluill  li.tvi-  |in\\iT,  Irom  i  inic  to 
tiliii'.  liv  (inliii;iiii-r,  |i.is.si'(l  hy  a  viitc  of  twii-tliirils  III'  I  lie  iiiiiiilii-r.><  clfrtcil  III  I'lii-d 
lioiisf.  iiii-iviisi-  llii-  iiumlifi'  of  polifi'  jnstiivs.  wlio  shuU  lir  a|i]ioinli-il  ami  liolli 
oftii-i-  for  a  l<M-iii  111'  finir  yi-ars.  as  iHTciiilicfoiv  provided  in  I'd'criMirc  lo 
siifli  jiistiii's.  Said  Asscmlily  shall.  Ii\  oi'diiiaiK-c.  dividt-  the  cilv  iiilo 
Judicial  dislricis,  and  may,  riuiii  limr  lo  time,  alter  the  same,  and  may 
also  j;ive.  lo  liie  jnstii-es  of  siirii  disliiris.  exilnsive  jnrisdirlioii  of  causes 
arisiii;;  ill  their  respecl  ive  dislricis;  and  siiall.  Ii.\  ordinance,  provide  for 
lioiiiiii;;  police  conrls  wluMiexer  the  jnslice  of  any  sucli  coiirl  is  disaliied  or 
ilisi|iialitieil  liy  ali.seiice.  sickness  or  olherwise  from  iioldiii^  liie  same;  may 
authorize  any  other  police  justice  or  any  justice  of  ilie  peace  of  the  City  of 
SI.  Louis  to  hold  such  court  and  discliarj;e  the  duties  of  such  justice  duriu},' 
the  continiiaiii  e  of  the  disaliilily  or  disi|ualificai  ion.  ami  shall  also  jirovidc 
for  the  trial  of  causes  iiendini;  in  tin-  court  of  any  police  justii'P.  in  which 
said  justice  may  lie  a  ni.iterial  witness,  or  in  which  he  may  lie  interested 
or  of  kin  to  the  defendant.  The  police  justices  shall  hold  their  court  in 
such  places  as  may  lie  jirovided  liy  ordinance,  and  in  the  ali.seiice  of  and 
until  such  provision  shall  lie  made,  they  shall  hold  them  at  such  ]ilaces  as 
the  .M.ayor  may  direct. 

iirdimimi'.s  iri-alUit;  dlstrUts.  lioidiiiK  louil,  jurisdiction,  etc..  sec  Rev.  C.  sor. 
U'fil    ri  tfii.       .\3  to  creation  of  additional   police  court,  s^e  "Police  Court  South  of 

.\r.-i.-nal    Str.i-t."    K.v.    r.ulc-.    .■<.ts     lUlS-in:;". 

Sec.  lis.    .^liiiii«-i|>al  As.srial)l>  la  (It'liiu-  (liitics  of  fit.v  ofliriT.s. — 

The  Muiiiei]ml  Asscinlily  sliall.  liy  ordinance,  define  the  duties  of  all  city  officers, 
and  ma>  clian;re.  increase  or  diminish,  iliein  in  a  manner  not  inconsistent 
with   this  charter. 

.\.>i  to  rlKlit  »f  assembly  to  distrihute  cliarter  duties  nini>n!;.st  other  officials, 
or  to  aliruRate  an  office  altORether.  see  Charter  III,  sec.  32  and  note;  as  lo  jiower 
to  creati-  offices  see  Chart.,  Art.   IV.  sec.   4S. 

As.Meinbly  may  define  duties:  St.  Louis  vs.  Lie-sslng.  19U  Mo.  4«4,  491;  In  the 
ahsencf  of  any  definition  of  tin-  dutle.<i  of  a  public  officer,  his  duties  may  be 
Inferred  from  the  nature  of  his  office  ami  employment;  State  ex  rel.  vs.  Wnl- 
hridRe.   i;9   Mo.   .\pp.   657.  66S. 

An  officer  or  city  official  has  no  vested  Interest  In  his  office,  and  the  city 
may  abrotcate  the  office  and  thereby  cut  off  the  .salary;  MaKner  vs.  St.  I.,oiils. 
179  Mo.   495;   Prlnim  vs.  Carondelet.  23  Mo.  22. 

And  hence  In  this  country  ofticlal  duties  may  be  modified,  or  changed,  or  abiii- 
Kated.  without  the  consent  of  the  Incumbent:  See  State  ex  rel.  vs.  Valle.  41  Mo. 
■-•9.   WesthiTK  vs.  Kansas  City.  64  Mo.   I.  c.  503. 

.\s   ti>   rlu'lil   .'f  ..nii'  I  s   I.,    r i\,  T   saliirv.   s,-.-   :ils..   ii..|,     I..    .\it     XVI.   s.<'     17 

Si  c.  Jfi  <  oiiiiiiis>i«tiirr  t)r  Siipplit-s,  lii.s  tliitif.s,  t'tf.—coiitriicls 
t<»  Uv  a|>|>ro\«'(l  l»_\  flavor.— The  ('oimnissioner  of  Supplies  shall  ]iureha.se 
all  articles  needed  liy  the  city  in  its  several  departments.  The  .Mnniciiial  Asseni- 
lily  shall  provide,  liy  ordiuanee.  for  the  purchase  of  all  articles,  so  far  as  prac- 
tiialile.  by  advertisiiif;  for  proposals  al  .stated  periods.  .Ml  piirchasos  m.ide 
li.\  him  without  .idvertisin;,'  for  |iroposals  shall  lie  a|iproveil  liy  the  Comp- 
iroller  liefoie  the  same  shall  liecome  liindin^  on  the  cil_\.  In  ad\crt  isinj; 
for  propo.sals  to  furnish  supplies,  ipiaiitily  and  ipialiiy  of  all  articles  siiall 
lie  fully  staled,  and  any  hidder  may  bid  for  any  one  article  named.  The 
award  for  each  article  shall,  in  all  cases.  1m"  made  lo  the  lowest  bidden 
therefor.  The  Commissioner  of  Supplies  shall  furnish  to  the  bidders 
printed  blanks,  whii  h  shall  be  tilled  up  by  the  bidders  with  the  jirice  of  the 
article  to  be  furnished,  and  shall,  in  s|iecifyinj,'  the  ipiantity  and  <|uality 
of    an\    ariicle.    i-eciie    the    advertisement.      .\il    bids    shall    be    sealed,    and 


358  CHARTKR   OF  THK   CITY    OK   ST.    I.OIUS.  t  ART.  IV,  Sec.  30-32. 

Opened  at  an  hour  and  place  to  Ite  stated  in  tlie  advertisement  for  ]tropo.sals, 
iv  iLe  presence  of  as  many  of  llie  biddei-s  as  may  desire  to  l)e  present.  an<l 
shall  lie  suhjeeted  to  the  inspection  of  llie  liidders.  All  bids  having  anv 
alteration  or  erasui-e  n|)on  lliem  shall  lie  rejected.  All  contracts  shall  be 
approved  by  the  .Mayor  lieloi-e  they  shall  become  bindinj;-  uiion  llie  <iTy. 

Ordinances  on  Suppl.N'  C'nnunissioiier  seti  Rev.  Code.  Chap.   36,  sees.  23ii6-2386. 

Judge  Sherwood  in  Iiis  elaborate  dissenting  opinion  in  Verdin  vs.  St.  Louis, 
131  Mo.  loc.  cit.  161-164.  considers  this  section  (Art.  IV.  sec.  291  and  distinguishes 
it  from  Art.  VI.  sec.  27.  showing  that  the  former  applies  only  to  the  commis- 
sioner of  supplies  and  applies  onl.v  to  a  limited  extent  to  the  Board  of  Public 
Improvements  when  performing  the  duties  assigned  to  it  under  Art.  VI.  sec.  27, 
and  that  the  commissioner  awards  the  contract  to  the  lowest  bidder  without 
discretion.     (But    see    present   provision    in    R.    C   sec.    237.^.) 

Art.  VI,  sec.  27.  applies  to  letting  contracts  for  public  work.  .\rt.  X\'  applies 
to    contracts    for    printing   and    binding. 

See.  30.    Inspector  <>f  \Vei}fhtf^  aiul  Measures,  duties,  etc. — The 

Inspector  of  Weio-htsaiid  ^IcHsurcs  shall,  at  least  (uii-c  in  t-acli  year,  and  ns  much 
oftener  as  may  be  ordained  by  tin'  Assembly,  inspect  every  scale,  weight  and 
measure  used  in  the  City  of  St.  Louis,  for  the  puriiose  of  devermininj;  the 
quantity  of  merchandise  sold  or  offered  for  sale.  The  Assembly  shall,  by 
ordinance,  tix  the  f4e  to  be  paid  for  such  inspection,  for  whieli  a  license 
shall  be  granted  in  every  case  by  the  lusjiectoi-,  and  all  such  fees  he  shall 
monthly,  report  to  the  Comjitroller,  and  daily  ]iay  into  the  city  treasury. 
He  shall  keep  a  record  of  all  scales  and  measures  ins]iected  by  him,  sjiecify- 
ing  date,  place  of  inspection,  and  the  names  of  the  ])arties  for  whom  the  in- 
spection is  made.  He  shall  receive  a  fixed  salary  for  his  services.  No  per- 
son within  the  City  of  St,  Louis  shall  use  any  scale,  wei.nht  or  measure  to 
determine  the  quantity  of  any  merchandise  sold  or  offered  for  sale,  whicli 
shall  not  have  been  inspected  and  .sealed  by  the  said  Inspector. 

Inspection  weights  and  measures  see  Chart.  III.  sec,  26.  clause  7.  For  discus- 
sion and  authorities  see  ordinances  on  the  subject:  R.  C,  Chap.  40,  sec.  2531 
et   seq. 

See.  :U.    ("ity  3Iar.slial,  duties,  etc. — to  serve  and  return  notices 

of  specialtax  bills. — The  Marshal  shall  execute  ami  return  all  processes  ami 
orders  of  the  Mayor.  Law  Department.  Health  Department,  Police  .lustices 
or  Justices  of  the  I'eace,  St.  Louis  Criminal  Court  an<l  St.  Louis  Court  of 
Criminal  Correction,  and  all  notices  of  special  tax  bills,  under  any  law  or 
ordinance,  excejit  as  in  this  Scheme  or  this  Charter  otherwise  jirovided;  he 
shall  keeji  a  detailed  account  of  the  recei|its  of  all  money  collected  by  his 
office,  and  of  all  deliii(|uencies,  and  shall  report  all  receipts  and  deliii 
quencies,  monthly,  to  the  Coni]itroller ;  he  shall  apjmint.  with  the  ajijiroval 
of  the  Ma.\(ir,  such  de|iuties  as  he  may  require. 

Marshal's  duties,  etc.:  i^ee  Rev.  Code.  sees.  1329-1333:  Scheme,  sees.  6.  18,17,30; 
State  e.\  rel.  vs.  Walbridge.  119  Mo,  I.  o.  395-396  (citing  Charter,  Art.  IV.  sec. 
31);  Report:  Art,  IV.  sec.  4S.  .As  to  Marshal's  deputies  see  Chart.,  .\rt.  IV, 
sec.   14:   R.  C.  sec.   1332. 

The  above  section  is  as  amended  at  election  on  Oct.  22,  1901.  The  amendment 
was  made  to  require  the  Marshal  to  e.xecute  "all  notices  of  special  tax-bills," 
thus  providing  an  official  record  thereof,  whereas  prior  thereto  the  .service  was 
left  to  the  parties  in  interest. 

Sec.  32.     City  Counselor,  duties,  etc The  City  Counseloi'  shall  be 

the  chief  law  officer  of  the  city.  He  shall  prosecute  and  defend  all  suits 
originating  or  jiemling  in  any  court  of  record,  (»xcept  the  St.  Louis  <'riminal 
CJourt  and  St,  Louis  Couii   of  Criminal  Correction,  to  which   the  ciry  is  a 


ART  i\    s.o.  a:;-;;."..  I       rii  ai;tki;  of  Tin:  niv  m'  st    i.oi'IS.  359 

j);ii-Iv,  111-  ill  whirli  llic  cilN  m-  aiiv  uf  ils  urticcrs  iii-r  (iriicijill.v  iiilcrcslcir.  lie 
sli;ill  iiihisf  fiilicr  lioiisc  (if  Ihc  Assciiililv  or  aiiv  ((iininitttH-  tliorcof,  in 
wriliii};.  wlicii  i't>(|iiii'(Ml.  as  lo  all  Icfjal  (Hicstions  lliat  iiiav  arise  licforo 
tliciii.  Ill'  shall  ailvisc  the  .Mavi>r.  ami  tliri>ii<;li  liiiii  all  nthiT  oI'Hccm's.  Iti 
rclalidii  to  ilicir  (liilics,  oi-  in  relation  lo  the  interests  of  the  rir_v  in  wliieli 
lliev  are  ilirecllv  eni;aj;e<l.  anil  from  time  to  time  make  siirli  re|ioi-ls  in  re 
lation  to  the  suits  in  wliiili  the  lily  is  interesleil  as  max  lie  rei|nireil  liy  the 
.\la\or  or  the  AsseiiiMv,  lie  shall  have  a  siiiierintenilin;;  eiintrol  over  tlio 
linsiness  inlrnsteil  to  the  ('it\  Attoi-ney.  ami  when  neiessary  he  shall  aid 
him  in  the  ilisiharire  of  the  iliities  of  his  oftiee,  at  the  request  of  the  Mayor. 

As  to  Di'innnnrcs  rt-latinK  to  City  Coiinaetor.  his  duties.  ofTlco.  and  associates 
and  iisMl.ttants.  Sfc  Rev.  Code.  Chap.  II.  Art.  2  (sei'S.  134.S  to  1375).  Up  la  re- 
nuliiil   to  ailvlsi'   the    I'olloi'   Board:    CliartiT.    .\rt.   X\'I,  seo.   4. 

See.  :i;>.     i{(>ar<l  ol'  l*iil>li<- IniproM'int'iits     iii(>4>tin$>:— «hitirs  of. 

— The  Hoard  of  I'ulijic  Imprii\-,'ni.'nls  sli;iil  nii-ei  ai  l.-,isi  oiici-  in  .•iii-h  w, ■<■]<.  at  its 
offiee  ti>  eonsider  and  take  iiiuler  advi.semeiil  sneli  linsiness  as  iiniv  eoine 
l>efor(>  it.  Said  Moaril  shall  furnish  tlironffh  itb  I'resiileiii  to  liie  .Mayor, 
the  .Mnniei|>al  .\ssemlil\  m-  either  liraneli  thereof,  smli  d;ii:i  :ind  informa' 
lion  as  ina.\  he  rei|nired.  or  which  it  may  from  lime  to  time  deem  neiessary 
to  iini>aii.  .\  majorily  of  said  Hoard  shall  form  ;i  c|iii)r\ini  for  the  trans 
aition  of  linsiness.  Imt  no  final  action  shall  he  taken  in  any  matter  con- 
cerning; the  s|iecial  de|i.iriinents  of  any  aliseiii  comniissioner,  unless  this 
business  has  1 n  iicide  the  sjieeial  ordi  r  ni   ihc  day. 

For  ordlnanif.s  on  B.  P.  I.  In  (fenei-al.  see  Kev.  Code.  Chap.  24.  .sec.  1S04.  and 
rollon'Ing:.  As  to  annual  report  of  B.  P.  I.  to  Mayor  see  Art.  IV.  see.  4S;  ordl- 
nnnees  i»n  salaries  and  honds  of  members  of  B.  P.  I.  and  employes.  R.  C.  Chap. 
24.  Art.  9.  si'es.  199.1  to  2017.  and  see  also  references  in  noti'S  to  each  head  of 
•<lepartment  as  Riven  below. 

Under  the  city  ordinances  (now  amended  and  appearing  as  s<'e.  laii'J  In  K.  C.)  in 
the  absence  of  the  Street  Commissioner  the  assistant  and  acting:;  Street  Com- 
missioner had  the  rlfcht  to  attend  the  board  meeting;,  but  not  to  vote:  held  that 
Tils  attendance  satistled  the  provision  that  "no  tlniil  action  shall  be  taken  In  any 
matter  concerning  the  special  department  of  any  absent  commissioner."  etc.. 
when  a  unanimous  vote  Is  not  I'^qulred:  Construction  Co.  vs.  Loevy.  I!4  Mo.  App. 
430.  43S  (8.  c.  179  Mo.  4.t5.  no  diseiussion  on  this  point).  .As  to  ordinance  00 
<luorum  see   R.  C.  sec.   1914. 

An  appellate  court  cannot  review  the  illscretion  of  the  H,  1\  1.  unless  it  is  so 
exercised  as  to  be  clearly  subversive  «>f  public  rights:  Gay  vs.  Tel.  Co..  12  Mo. 
.\pp.  4SS:  Korsythe  vs.  Tel.  Co..  12  Mo.  App.  494.  As  to  discretion  and  duties  of 
the-  board  respeetlnnf  contracts  for  I'ublic  lmprt>vements  see  nittes  to  .Vrt.  V'l 
t>f  Charter. 

Ileriiril  of  Imiirili  It  Is  true  that  the  Charter  does  not.  In  express  terms,  direct 
the  Board  of  I'uiillc  Improvements  to  keep  a  record  of  Its  i>roceedin(fS,  but  such 
a  duty  by  nei'es.sary  Implication  is  Imposed  by  r«-a.son  of  the  hnportant  part  or 
adjunct  of  the  municipal  government  it  (Ills.  Its  record  is  admissible  in  evl- 
ilence  to  show  a  tieparture  from  Jurisilictional  forms  prescribed  by  the  Charter, 
hut  a  MndInK  of  fact  by  the  board  Is  not  conclusive:  I'riiln  Baml>rick  Co.  vs. 
Gelat.  37   Mo.   App.   .i09.   515. 

Sec.  34.    ]M«Miil)«'rs  «»f  Moar*!  to  !>«•  Iiciitls  of  «l4'|»iii-(  iiM'iits. — The 

I 'oinniissioniM's  nai I  in  .section  :;  of  this  article  shall  lie.  res|iect  ively.  the 

heads  of  their  .several  de|)arliiienis.  and  shall  lie  res|ionsilile  for  all  actions 
of  their  elii|iloyes. 

See   Rev.  Code.  sec.    191'i 

Sec.  :{.">.     Str«'«>(  C'«niiiiiisMioii«'r— «lii(i«'s,  «'<<•. — Tin-  Stnit  Coinmis- 
sioner  shall  have  under  his  special  cliai';:e  the  ciinsirnclion.  reconstruction. 


360  CHARTER   OF  THK   CITV    ()]••   .ST.    LOIIS.  ( ART.  I V,  Sec  ;i6-.W. 

i-(;li;iii-iii.li   ;iii(l    ilcaiiini;   (if    llic    |iul(lic   sli-(>ets,   allc.\.s   and    |ilaii's.   i'X(t'|tl  iiii; 
[laiks. 

Ordinaiic*'.'^  on  Street  Commissioner  and  his  office  in  general,  see  Rev.  Code. 
Chap.  34,  Art.  3,  sees.  1945  to  1954  and  notes.  Also  R.  C,  sees.  1996  and  1076, 
.■Vs  to  duties,  powers,  etc..  respectinK  streets,  see  tlie  various  articles  of  Chap.  12 
of  Rev.  Code,  relating  to  Highways.  As  to  construction,  reconstruction,  repairing, 
etc..  see  Charter.  Art.  VI  and  notes:  Rev.  C.  sees.  liH.'i  ,/  seg.,-  garbage,  sees. 
It.  C.   1199^/ ivy.,- sprinkling.   941-10S2. 

Sec.   nri   oi'   .\rt.    IV    n-f<-rred   to:    .Steffen    vs.    St.   Louis.   13.".   Mo.   44.   r,0. 

Sec.  :i().  Sewer  ("oiiiinissioner — duties,  «'te. — 'V\u-  SewtT  Coiiinii.«;- 
sioner  shall  liavi"  iiinlor  liis  s|)('eial  cliaijic  llic  coiistriutioii,  i-e])airs  and 
cleaiiiiii;  of  all  |iiil)lic  disliict  scwiMs,  iiilfis.  iiiaiiliolcs.  and  oilier  a|)iiniten- 
anccs  hclonjiino  thereto. 

l-'or  ordinances  in  general  on  Sewer  Conimii>sioner  and  his  office  see  Rev.  Code. 
Chap.  24.  Art.  4.  sees.  1955-1956,  and  note:  also  ,b.  Art.  9,  sections  1997,  2001,  2011. 
As  to  provisions  concerning  sewers,  see  Charter,  Art.  VI,  sees.  20  to  23;  ordi- 
nances Rev.  Code.  Chap.  34,  sees.  2302  and  following,  and  note.s;  also  Charter  III. 
sec.  26.  c'ause   2.  and  notes  thereto:   and   .\rt.  VI.   sec.   2. 

Sec.  37.  Water  Coniinissioner  -duties,  etc.  -  The  Water  Coinmis- 
.sioner  sliall  havi-  under  his  ,s|ierial  <'haroi-  the  iiuiupini;-  inai'liiiicry.  i-eservoirs 
and  water  pipes,  and  othei-  projierty  eoniieeted  witli  the  waterworks.  He  shall 
have  th(»  snjierintendence  ovei-  the  eiilaroinj;  ol'  the  works  and  the  laving 
of  water  pi])e,  and  shall  exercise  a  general  sn]iervision  over  the  enlire 
water  works  department,  excepting;  the  collection  of  water  rates. 

b'ur  (ji'dinances  on  %\';itcr  Commissiont-i-  and  his  office  see  Rev.  C.  Chap.  24. 
Art.    5.   sees.    1957    to    19fi:i:    also    th.   .Art.    9.    sees.    199S.    2001.    2005   to    2010. 

I'"or  ClKirter    ])ro\  isions   see    Art.    VII,    and    notes. 

Sec.  Hs.  Harbor  and  Wharf  ('(unniissioner— duties,  etc.— The 
Harbor  and  Wharf  Coniinissioiier  shall  have  under  his  sjjecial  charge  the  con- 
struction and  rei)airs  of  dykes,  wharf  and  levee,  and  shall  V)e  specially  charged 
with  the  execution  of  all  ordinances  of  the  city  which  relate  to  dykes, 
wharf  and  levee,  steanihoals  and  all  other  boats,  vessels  and  rafts.  He 
shall  furnish  to  the  Collector  such  information  as  will  enable  the  said  Col- 
lector to  collect  wharfage  and  other  dues  from  boats,  vessels  and  rafts. 

l''or  ordinances  on  Harbor  and  Wharf  Commissioner  in  general  see  Rev.  Code. 
Chap.  24.  Art,  fi,  sees.  19ii4  to  19(59:  1999.  Salaries  and  employes,  R.  C.  sees. 
1965:   2012-201  1:   411. 

Ordinances  oji  ilarliov  and  Wharf  department  see  Itev.  Code.  Chap.  X.  sees. 
345  to  4:16:  Charter.  Art.  IX:  see  also  i-ity's  power  to  rt^giilate  ^vharves.  etc.: 
Cb.-irter.    Art.    III.   .'^r-c.    26.   clause    2.  and    note. 

Sec.  :i*).  Park  ('oniuiissioiiei* — tluties,  ete. — The  I'ark  ('ominis- 
sioner  shall  have  under  his  special  chaigc  and  conli'ol  all  the  ]uiblic  ])arks 
and  pla<-es  and  sipiares  of  the  city.  exce])ting  such  as  are  by  this  ('barter,  or 
by  their  dedi<ation  or  other  special  ju'ovisions  in  the  nature  of  a  contract, 
excluded  from  tlie  control  of  tlie  city. 

l-'or  ordiTiances  on  I'ark  Commissioner  and  his  office  in  general,  see  Rev.  Code. 
Chap.  24.  .\rt.  7,  sees.  1970-1975.  Salaries  and  employes:  Rev.  Code.  sees.  2000- 
2002.  2015-2017. 

.■\s  to  I'nblii-  Parks  see  Rev.  Code.  Ch.  25,  and  note;  sees.  2018-2035:  Charter. 
Art,   VIII.   and   note. 


AKT    IV.  S.I-.  40-4:;.  1  CHARTKU  OK  THK   CITV   OF  ST.    LOflS.  3(J1 

S.c.  41).  (Jas  ('(HiiiiiissioiKT— tliitics,  t't«*. — Tlif  (Jas  C'ommi.ssitmci- 
sliall  liavf  iiiidci-  Ills  s|nMial  rliarjic  and  iiniti-ol  all  (lie  property  Ixdoii'iiii}; 
Id  iIk'  fil.v  iinti  \vork.«<.  and  .shall  (■xci-<'isc  a  ^jcncral  supervision  ovci-  the  said 
works  and  llu-  laving'  of  all  f^as  mains  and  jiipi's,  and  I'icil  in^'.  ri'|i;iirin;z. 
Ii;:litinj;  and  cleaning  sli-cci   lamps. 

Sim.  41.  I*r«'si(l«-ii1  <il  the  llo.ird  ol  I  iiiprovcnit'iits  (o  lia\r 
su|H-r\  i<<ioii  «)V('r  other  roiniiiissioiuM's,  and  aiillu'iiticatc  s|K'<'ial 

tax  l>ills. — Till-  ^l■t■.■^il|l■nl  111'  I  In-  Huai-d  of  I'ulilic  InipinMniints  sliall  pi-rsiclr  al 
thf  nifi-tinjiis  of  I  111'  iioaid.  and  shall  havi-  rhariri'  ot  all  I  In-  pnMic  impnivcmi'iits 
not  spcciallv  |irovi<h'd  I'or  in  Ihis  ai-lidc.  ili"  shall  ha\r  a  j;cnci-al  supervis- 
ion over  ihc  dt'paiimcnis  of  all  ollin  (  iMiiuiissioiicrs  of  Ihc  I'oard  ol  I'nhlh 
I  inprovcmi'iils,  and  shall  inform  llic  .Mavor  or  .Mnnicipal  .^ssi'inldy  of  any 
dci'cliclion  of  duly  of  an\  ( 'ommissionor.  lie  shall  auihcnficate  all  si»ecial 
Ia.\  liills  auainsi  properly  owners  rharj:calde  willi  s|i(M'ial  taxes  Cor  work 
performed  or  materials  fnrnished  nntler  ordinam-es  of  the  city  which  said 
iiills  shall  lie  made  onl  and  eerlilieil  lo  him  li\  ihe  head  of  the  deparlmeiil 
under  whieli  said   work   is  done  or  malerial    fnrnished. 

Kor  ordlnunci'  on  Pn-sldcnt  Board  Piibllr  Improvtimnts.  .sec  Rev.  Code.  Chap. 
-•4.  Art.  ■•.  Sfcs.   1935  to  1944. 

As  lo  sularlfs  and  employes,  si-i-  in  ad<ntion  to  those  In  above  sections:  Rev. 
Code.  sees.   1995.  2003.  2004. 

As  to  duties  In  conneetion  with  speeial  tax  liiils  for  improvements,  etc..  see 
Charter.  Art.  Vl.  sec.  24.  and  notes  thereto.  The  duties  of  the  President  Involve 
the  exercise  of  hl>rh  discretion  and  lannot   be  deleKated:    Stifel  vs.  Co..  .1.S  Mo.  340. 

See.  4_'.    Ass«'inlil>  may  |»r<»vi(l('a(l<litional  (liitics  for  Hoard. — 

The  .Mnnieipal  .\sseiiilil\  shall  |ii-o\ide  liy  ordiiiaiire  sneh  additional  duties 
of  and  reipiiremeiiis  from  ihe  lioard  of  I'uldic  1  mpi-ovenienis  and  ils  several 
niemliers.  as  it  iiia.\  deem  iieeessary.  and  for  ihe  appoinlmeiil  liy  jliem  of 
nui-ji  assistants  and  employes  as  the  demands  of  tlie  several  de|iailnienis 
may  retpiire. 

l"or  ordlnance.s  in  inirsuance  to  this  section  see  references  In  the  several  pre- 
ceding sections.  Kor  note  on  this  section  see  McQulllln's  Amend.  Chart.C  un- 
offlclnl    work>    p.    271 

See.  4:$.  Oath  of  vMy  <»riicer.s— bond  of  .samo.— Kvery  of- 
tieer  of  the  city  and  his  assistants,  before  entering:  u|iciii  the  duties  of  his 
ofTiee.  shall  take  and  snhserilie  to  an  oath  or  alfiimaiion  hefore  some  jiidoe 
or  justiee  of  the  peaee  or  the  He<;istpr.  that  he  possesses  all  ihe  ipialitica 
tioiis  lu-escrihed  for  his  ofViee  by  the  Charter:  that  he  will  siip]ioi-t  ihe 
fonsiiiuiioii  of  the  I'nited  States,  and  of  the  Slate  of  Missouri,  and  Ihe 
Charier  and  oidinaiires  of  the  City  of  St.  Louis,  and  thai  he  will  faiihfully 
demean  himself  ill  offiie.  .\nd  every  offeer  id"  Ihe  coriioi-al  i(Ui.  when  so 
iv(|iiired  by  law  or  ordinance,  sliall.  within  tifieeii  days  after  bis  elei-tioii  or 
appointment,  and  before  eiiterin<;  ii|ion  the  discharoe  of  the  duties  of  his 
olVice.  fiive  b(nid  lo  the  city  in  such  sum  as  shall  1m'  desi<;iiated  by  ordinance, 
conditioned  for  the  faithful  performaini'  of  his  duties,  and  that  he  will  pay 
over  all  moneys  thai  beloii}:  to  the  city  as  provided  by  law.  If  any  person 
elected  or  a|ipoiiited  to  an  oftice  shall  lail  to  take  and  subscribe  such  oath 
or  atl'irinat ion.  or  ^ive  Ixuid  as  herein  iei|uired.  his  olfice  shall  be  deemed 
vacant.  For  any  breach  of  the  eonditii>n  of  .said  bond,  suit  may  be  insti 
tilted  tlieit'on  by  the  city,  or  by  any  jierson  in  tin-  name  of  the  City  of  St. 
I.oiiis.  for  the  use  of  such  person  or  persons. 

.~«ee    note    below. 

<>ffl<'«'rM  «l«'fliHMl.  The  lerni  •olTicers."  whenever  used  in  this  Char 
ter.  shall   include  all   persons  holdin;:  any  sitnalion   under  the  city  "f^overn- 


362  CHAItTKR  OF  THK   CITY   (IF   ST.    LOI'IS.  |  ART.  IV,  Sec.  43. 

iiiciit  or  its  (Icpaitim-iits.  willi  uii  uuuual  salar.v  or  for  a  dt'tiiiitf  term  of 
office:  and  rlio  term  "fiscal  officers, "  wlieiie\Cr  used,  shall  include  all  per- 
sons enf;a<jed  in  any  relation  in  the  collection  and  dishnrsiMnent  of  the 
city's  iiione\ . 

See   note   below. 

ForlVitnrt'  of  office    for    failure  to   pay   over   money. — Any 

I'aihuc  on  the  jiart  ot  any  city  otficer  to  pay  into  tiie  treasury  of  the  city 
the  balance  rei)orted  hy  the  Auditor  to  be  due  from  him  to  the  city,  upon 
the  adjustment  of  his  account,  shall  cause  a  forfeiture  of  his  office,  and 
such  balance  shall  bear  interest  at  ten  ])er  centum  |)er  annum  from  the  time 
it  should  have  been  accounted  for  until  it  shall  have  been  paid  into  the 
treasury.  The  .Mayor  shall  immediately  order  suit  to  be  commenced  iu  the 
proper  court  against   the  deliinnienl  officer  foi-  such  balance. 

Ontli:  l'"(ir  ordinance  see  R.  C,  sec.  IBTTi.  Oath  is  also  required  by  Charter.  Art. 
X\'I.  sec.  \?,.  As  to  necessity  of  oath  and  failure  to  take  within  the  time  limited 
see    Bea<ll   '»n    Pub.    Corp..   sec.    17*1. 

BikiiilN,  to  be  given  by  cit.v  officers  and  appro\'ed  by  Mayor  and  council:  See 
Art.    IV.   sec.    4;   R.  C.  sees.    167B-1GS4. 

.\s  to  compelling  apprf>\'al  of  bond  by  mandamus,  where  there  is  no  yalid  objec- 
tion to  the  bond  itself,  se<.  State  ex  rel.  vs.  Shannon,  isr.  Mo.  IHP.  IfiTi-lfiT;  State 
ex   rel.  vs.  Wear.  .37  Mo.   Aiip.   ::j,'.. 

<MVieer»:  I'nder  the  deiinition  of  officers  in  this  section,  a  building  inspector  is 
not  included:  Magner  vs.  St.  Louis.  171)  Mo.  49.'..  .".(1.1:  State  ex  rel.  vs.  Longfellow. 
!>r>   Mo.    App.    660. 

See  as  to  interpretation  of  a  similar  provision:  "Weesner  vs.  Rank,  infi  Mo. 
.\pp.   6G.S. 

A  scliool  director  is  a  state  otTicer.  so  as  to  confer  .iurisdiction  on  the  Supreme 
Court  to  determine  title  to  office:  State  ex  inf.  vs.  Fasse.  IS!)  Mo.  .-.32.  (See 
also  as  to  school  directors  State  ex  rel.  vs.  Rus,  i:;5  Mo.  :!2."..  and  not.>  to  Charter. 
Art.   XIII.) 

So  a  Circuit  Clerk:     State  ex  rel.   vs.   Rouibauer.   Itti    Mo.    49!). 

Board  of  Police  and  Metropolitan  Police  officers  are  state  officers:  State  ex  rel. 
vs.  Commissioners,  1S4  Mo,  1.  c.  1.S3  (Kansas  City  poMce).  citing  State  ex  rel. 
vs.  Mason.  153  Mo.  1.  c.  43  (St.  Louis  police).  See  State  ex  rel.  vs.  ?tawes.  177 
Mo.  360;  Marshall.  .1..  dissenting  in  State  ex  rel.  vs.  Stobie.  92  Soutliw.  191. 
1.    r.    220;    s.    c.    194   Mo.    1  4.    . 

But  the  police  are  cit\'  officers  as  well  as  state  ofticers;  the  ilual  capacity  is 
expressly  provided  and  is  recognized  as  lawful:  State  ex  rel.  vs.  St.  Louis.  174 
Mo.  12."i,  131.  citing  Carrington  vs.  St.  Louis.  89  Mo.  1.  c.  214.  See  further  State 
vs.  Boyd.  lO.S  Mo.  App.  .518.  524;  State  ex  rel.  vs.  Stobie.  194  Mo.  14:  R.  S.  1S99, 
sec.  6232.  set  out  in  "Laws  Specially  Applicable  to  St.  Louis."  sec.   451. 

Mayor   is  i'it>-   offic.'r.  not  state:      State  ex  rel.   vs.   Dillon.   87   Mo.   487. 

MiMuber  of  the  Muni<ip;\l  .\ssembh-  is  a  city  officer:  State  vs.  Kelly.  103  Mo. 
App.    711. 

Flection    Couunissioner    in    St.    Louis    is    a    state    officer    in    the  sense    that    his 

functions    are    not    limited    to    municipal    elections;    and    that    he  is    not    within 

the    prohibition    against    .ity    officers    contracting    with    the    city:  State    ex    rel. 
vs.    Meier.   !m;    Mo.    ,\)>|i.    1i;o. 

Hut  he  is  not  a  state  otficer  so  as  to  confer  jurisdiction  on  the  Supreme  Court 
of  an  appeal  to  a  case  where  a  state  officer  is  a  party:  State  e.x  rel.  vs.  Hig- 
gins.    14  1    Mo.    nil. 

So  also  of  a  Sliei'iff;  .State  ex  rel.  vs.  Bender,  91  Mo.  206;  see  State  ex  rel.  vs. 
Bus.  135  Mo.  1.  c.  337  (holding  a  deputy  sheriff  not  to  be  a  state  officer  within 
the  constitutional  inhibition  against  a  state  officer  holding  office  also  in  a  city 
or  <'ounty.  See  discussion  b>-  the  court,  as  to  when  officers  are  state,  county 
or  city  officials). 

Constable    is   state. not    city   officer:     State  ex  rel.  vs.    McKee.   69    Mo.    504. 


ART.  IV.  Sit   44.4S.I  I -(I  AKTrtK    li|-   TlIK    'MTY    1>|'    ST     I.OI'IS.  363 

Aftpr  rnlllnK  utti-ntloii  to  tin-  dlffiTi-nt  provlHlons  unci  phrusi'oloKy  of  tlit>  con- 
HtlliillKiml  iif.T>'ni'.-s  to  oflliiT.s  till'  lourt  In  Stnti'  I'X  icl.  vs.  Bus,  135  Mo.  I.  c. 
3.17.  sii.vs:  "Willi.-  til.-  ("Ity  of  St.  Uiiil«  l«  Htrlrtly  ii  munlolpal  cor|>oriitlon.  Its 
teri'ltory  1«  also  ii  sntullvl.sloii  or  tin-  stiitf.  In  wliUli  orilccrs  ure  .•letted  to  per- 
form the  fiiiii'tlon.s  of  till'  state  (roverniiieiit  as  illstlnRiilslied  from  those  per- 
tulnltiK  to  iminli-lpal  BoviTiiiiient.  Those  oflUiTs  are  In  no  sens.'  nuinlrlpul  of- 
ficers." I'll 

lie  furl..  ..iri.-er»:  .\s  to  salary  of  sii.h  s.-i- ante  t.i  Art.  XVI.  see.  IT.  Whore 
there  la  no  ortlce  there  ean  he  no  offle.-r  .A-  tarlo.-  Weesner  vs.  Rank.  !»«  Mo.  .\pp. 
«6S.  fiTU:  .-^late  e.v  rel.  vs.   Klnn.  \  Mo.  App.  317. 

When  a  iniink'lpal  legislative  hoily  may  be  siieli  <!.■  faeto:  IIIlKert  vs.  Barber 
I'o..  107  Mo.  .\pii.  3,s:i:  see  also  .^Uunis  vs.  Mndell.  D  Mo.  App.  197,  s.  e.  72  Mo.  19.S: 
St.    Louis   vs.    Stoddard.    IS   Mo.    App.    173.    177. 

When  appolnliiu'nt  of  one  as  oflle.-r  will  be  Implied,  so  far  as  tlu'  piihlU'  are 
eonoerned:    See  note  to  R.  C.  sec.   16SB, 

ItrKlicnndoni  I'nder  tin-  constitution  of  this  state  any  officer  may  resign  at 
will:    State  .-x   ri'l.   vs.    liiis.   135  Mo.   I.  c.   331    (citinpr  Const..  Art.    11.  .soc.   5). 

l.lnbllKy  at  ulTleiTH:  .V  public  officer  charged  with  discretionary  duties  Is  not 
liable  for  n.'KllKent  i>.-rformnnce  thereof,  nor  I'rroni'ons  performance  not  actuated 
by  willfulness  or  lorruptlon:  Schooler  vs.  .XrrlnRton.  lOti  Mo.  App.  607.  609, 
cltln»r  a  number  of  MIs.iourl  cn.ses.  See  also  as  to  liability  of  oftlccr  alleged  to 
havi'  ilone  an  act  "in  pursuance  .if  an  order  of  the  city":  (Juhin  vs.  Schneider, 
lis    Mo.    App.    39.    \?,. 

But  a  sup.'rlnteiident  of  a  workhouse,  or  Jailer.  althouKh  not  actuated  by  malice. 
who  k.'Cps  a  prisoner  h.-yond  the  time  authorized  by  law  and  charter,  by  exer- 
cising a  void  pow.'r  to  extend  the  term  ns  a  matter  of  prison  discipline.  Is  liable 
for  false  Iniprlsonment :  St.  Ixiuls  vs.  Karr.  85  Mo.  App.  60S,  614  (dlstlngulshlnff 
cases  holdInK  an  officer  to  be  protected  for  acting  under  a  void  comiultnient  fair 
on  Its  face*. 

And  a  Str.'et  t.'onimission.'r.  who  grades  a  street  without  the  lawful  authority 
of  an  ordinance  (procee.llns:  on  simple  resolution,  which  Is  void  I  is  liable  as 
for  tr.'spass.  as  w.'ll  as  the  Mayor  and  aldermen  who  are  present  assisting  and 
encouraging  the  work  of  such  Kra.ling.  to  tlie  owner  ahuttinf;  on  the  street: 
llei'd   vs.    I'.'ck.    163   Mo.   333. 

A  colle.'tor  is  not  personally  lialile  for  colh'cting  taxes  under  an  Irr.'gular 
assessment,  but  he  Is  wlieri-  the  properly  Is  wholly  exi-nipt  from  taxation;  nor 
is  he  liable  wlwr.'  h."  (»ri>ceeds  under  a  legislative  act.  the  validity  of  which 
Is  afterwards  assailed  ami  overthrown  as  unconstitutional:  Walden  vs.  Dudley. 
49  Mo.  I.  c.  430-431.  and  cases  cited.  .\nd  even  where  the  property  Is  exempt. 
If  such  .'Xeniptl4>n  is  n'll  absolute  iiut  conditional  with  a  tribunal  Ut  review 
an  ass.'ssnienl  and  .lelermln.'  the  t|uestion.  the  collector  has  a  right  to  suppose 
tile  unassalli'fl  decision  of  that  tribunal  to  be  correct:    Lee  vs.  Thomas.  49  Mo.   112. 

Pt-nalty  for  favoring  unauthorized  claim  by  an.v  officer.  missapplU'atlon  of 
funds,  etc..  se.-  Chart..  Art.  XVI.  sec.  II.  The  criminal  liability  of  municipal  of- 
ficers, agents  anil  servants.  Is  illscusse*!  In  a  note  on  p.  273  of  Mr.  McQulllin's 
unofHcinl  work  "Am.'nd.  Chart.."  anil  thirte.'n  dlfferi-nt  ways  of  violation  of  law 
♦•numi-rat.'tl. 

l.nMM  of  oirier  Is  also  disciiss.-.l  b.v  that  autlmr  on  the  same  pag.'.  and  the  dlf- 
f.'r.-nl    wji,\-s   In    whteh   tbl«   rnnv    b^   Ineurr.'.l   nc   set   out 

S.'i'.  44.  .>Ia>oi'  to  xt'KU'  <liN|)ii(  <'<>  Ix't  \>  I'cii  <»(  TictTH.  —  All  i|iii'S- 
tiiiit.s  (.r  ilJiVrn-iiri'  lM-t\\t'i>ii  iIh-  olliccrs  of  the  citv  jilVcrtiiif;  llicir  ri>l;itiv(» 
powers  anil  iliilii'S  iiiiiv  Im-  ii-fi'iTcil  l>y  citlHT  of  llirin  In  llir  Mavitr.  whii 
.shall  I'.xainiiu'  ami  ilctcriiiiiif  siirli  iiiicstjons.  and  liis  ilcrisinn  shall  hi'  liiial 
as  hi't\vi'«'ii  snrh   ulTircrs. 

Si'i'.  4.'>.      l*«>\v«'r  «>f  .Vss«'iiil»ly  t«»  «T«';it<'  4iffi«'«'s.     'riii-   .Vssi'iiililv 
iihall  have  fiiwi'i'.  Ii\    urilliiMin  i-  j.assi'il  li\   a  miIi-  oI    i\mi  ihirils  nf  llir  nii'iii 
ht>rs<'lcrl  of  i-arli  hiiiisi'.  to  rri-alc  aii.\'  olhcr  otViri-  wliiili  il  may  ilci'iii  iirri's 
.saiv.  anil  to  |ii-i)viilf  rm-  llic  niiiiiiu'r  tif  tillin<;  the  same. 

.\saembly  may  create  office:  8t.  (.ouis  vs.  Messing.  19«  Mo  161.  ml :  or  assembly 
may   transfer  duties  from  one  office  to  another,  or  abrogat.'   th.'  ofll.i'  altogether: 


■r       jrniissrr -i— 


366 


CHARTER   OF  THH   CITY   OF  ST.   LOUIS. 


[ART.  V.  Sec.  1. 


ARTICLE  V. 


RKVICNTK  AND  TAXATION. 


SRCTION. 

1.  Muniripal  A.ssfmbly  to  Ifvy  and  collect 

all  taxes;  rate  of  taxes  in  old  and 
new    limits. 

2.  Assembly   may   increa.se  tax  rate  in  ex- 

tended limits. 

3.  Enforcement    of    taxes. 

4.  Licenses,  wharfages  and  other  due.s. 

5.  Blank    licenses,    tickets.,    etc..    how    is- 

sued. 
G.   Classification   of  taxes,  etc. 

7.  Payments  into  city   treasury. 

8.  Settlements  of  fiscal  officers. 

A1'PIU)PRIATI0NS. 

9.  Appropriations. 

10.  Limitation  of  appropriations. 

11.  Payments   out   of   city    treasury. 

12.  All     ordinances     authorizing     disburse- 

ments to  be  indorsed  by  Comptroller, 
l.'i.  Unadjusted  accounts,  how  certified,  etc 

14.  All  expenditures,  etc.,  must  be  by  ordi- 

nance. 

ASSESSMENT    OF    PROPERTY. 

IFi.   Board  of  Assessors;  Assembly  to  estab- 
lish assessment  districts.  . 

16.  Official    bonds    of    assessors:    duties    of 

district  assessors;  when  assessments 
shall   commence  and  end,   etc. 

17.  Qualifications  of  assessors. 

15.  Duties    of    President    of    Board    of    As- 

sessors; shall  be  accountable  for  all 
plats,  books,  etc.,  belonging  to  office; 
may     appoint    clerks    and     deputies: 


SECTION. 

personal  attendance  in  office  re- 
quired. 

19.  Assessment   books,   how    made    up. 

20.  Public  notice  to  be  given  of  completion 

of  books. 

21.  Duty  of  Recorder  of  Deeds  in  reference 

to   conveyances. 

22.  Property   not   laid   off   into   blocks,   etc., 

to  be  assessed  as  agricultural  lands. 
2-3.   Costs  of  assessments,  how  paid. 

BOARD     OF     EQl  ALIZATION. 
24.   Its   organization    and    duties. 
2a.   Record   of  proceedings. 

26.  Abstract    of    corrected    assessments    to 

be  sent  to  Mayor  and  State  Auditor; 
State,  school  and  city  tax-bills,*  how 
prepared;  duty  of  Comptroller  in  ref- 
erence to  tax-bills  and  assessment 
books. 

27.  Ordinance    fixing    percentage    of    tax^s. 

28.  Comptroller  to  correct   manifest  errors 

in   assessments, 

'2'^.   vNuihorit.v     of     Comptroller    as     to     de- 
limiuent    taxes,    etc. 
(^OLLl:CTION     OF    TAXES. 

.">0.    liond  of  City  Collector. 

;il.   Collector  to  collect  all  revenues  except 
■water  rates. 

:'.2.    Rebate  on   tax-bills. 

3.3.   Authority  of  Collector  to  appoint  depu- 
ties. 

:i4.   City    Collector    to    perform    all    duties 
dischar.i^ed    l'.\-    County    Collector. 


Sfctiiiii  1.  3Iiiiii<'ii)al  Assembly  to  Icv.v  and  colkM't  taxes — 
rates  for  various  purposes  specified — rates  for  ereetiuji'  public 
buildinjjs,  lio«  increased — revenue  for  erectini;  public  bnild- 
injfs. —  For  the  su]ip(irt  o\'  tin'  oi,vciiiiiifiir  oT  the  cil.x.  ilic  iiiipruvpiiieiit 
tliercof.  and  the  iiayineiit  of  tlie  ])iil)lic  debt,  tlic  Muiiicijml  Ass('iul)l\  shall. 
b.v  ordinaiue,  aiumallv  lew.  assess  and  collect  taxes  on  all  subjects  and 
objects  of  taxation,  and  on  all  ]iro]iert.v  within  the  city  made  taxable  by 
law  for  State  jiurposes;  and  establish  the  rate  tiiereof,  as  follows,  to-wit; 
For  municipal  purposes  a  sum  not  exceeding  the  niaxinium  antiiorized  by 
the  Constitution  of  the  State,  or  any  amendment  thei-eof:  for  the  payment 
of  the  valid  indebtedness  of  tlie  city  existinji'  on  the  seventli  day  of  Aju-il, 
eighteen  hundred  and  ninety,  and  for  the  bonds  issued  in  renewal  thereof,  a 
]iercentum  suH'icient.  at  least,  to  meet  the  requireiiients  of  Section  two. 
Article  fourteen  of  this  Charter;  for  the  ])ayment  of  iiidebtedne.ss  which 
may  have  been  incurred  thereafter  or  may  be  incurred  hereafter,  a  jier- 
centum  sufficient  at  least  to  pay  the  interest  on  such  indebtedness  as  U 
falls  due.  and  also  to  constitute  a  sinking  fund  for  payment  of  the  principal 
thereof  williin  twenty  years  from  the  time  of  contracting  tlie  same,  or  with- 
in such  other  jieriod  as  may  be  ])ermitted  by  the  Constifntion  of  this  State 
in  force  at  tlu'  time  any  such  indebtedness  is  contracted,  unless  said  interest 
and  sinking  fund  are  hereinafter,  or  hereafter,  otherwise  provided  for;  ])ro- 
vided.  however,  that  the  i-ales  of  taxation  lor  the  ])ayment  of  tlie  indebted- 
ness existing  on  the  seventh  day  of  Ajnil.  eighteen  hundred  and  ninetj',  as 


ART.  V,  Sff.  1.)  OHARTKll   OK   TlIK   CITV    OF   ST.    I.OPIS.  3g7 

aforesilid.  mikI  I'dl-  llir  |i:i\  inrnl  cif  cikIi  S('|p;ii:i  Ic  i  inlrlilciliicss  I  lici'isi  flfi-. 
shall  lie  sc|i;n;il('l\  fsljihlishcii ;  and  i)r(>\  idcd  Inrllicr.  llial  lor  llic  piiiposc 
of  ci't'cl  in;;  jpuldir  liiiildiii^s.  ihc  rate  of  taxation  lor  innnicipa!  purposes 
as  herein  limited,  may  lie  increased  h\  the  Municipal  Assemlily,  when  the 
r.ite  (d'  sneh    increase  and    the   jmripose   for  wiiicji    it    is   intended   shall   have 

IkH'II  submitted  to  a  \<ile  ol   ihe  1 pie.  anil  two  lliinls  ol    llie  c|ualilie(l  voters 

of  the  eit\.  \otiiiu  al  an  clcclion  to  he  Indd  for  that  |(iiipose.  sliall  Mite 
llierefor.  'riic  taxes  collecicd  for  ilie  purpose  of  erecting'  |inlilic  Imildinns 
shall  lie  desi^nateti  "rexcnne  lor  erecting  |illlilic  linildin^s,"  and  sliall  he 
kejil  distinct  from  other  revenues  and  used  for  the  purpose  designated  in 
the  snlimission  of  the  (piesti<in  of  increasing  the  rate,  as  aforesaid,  to  a 
Note  of  the  people,  any  other  provision  in  this  Charter  as  to  designation  or 
ajiplieation  of   the   fund   to   the  conirar\    not  w  ithsiandini;. 

The  .Muniei]ial  Asseinlil.x  shall  also  he  iMn|io\\ered  to  le\v.  assess  ;iii(l 
eollect  all  taxes,  of  every  deseriiitioii.  on  an\  oi-  all  of  the  sniijecis  or  oh 
jects  of  taxation  which  are  authorized  to  he  levied  liy  the  mnniiipnlity 
under  the  constitution  and  laws  of  this  Stale. 

\  iiM-iiiliut>ii( :  Tills  si'ctiiin  Is  an  ann-nilnu-nt  ailopttMi  at  tlie  eloction  on  October 
21'.  mul.  suliinlttt'd  unilfi-  orillnunoo  20444.  Tin-  tliverpcnoe  from  the  old  pro- 
vision  Is  si't  out   In  McQulll.    (iinofflolal)   work   Amend.  Chart.,  in  a  note  on   p.   2S0. 

r»^\MT««  Id"  tii\:i(li»n:  tii-iit-ral  iinwcr  to  lev>'  and  collect  taxes,  borrow  and  ap- 
pi-t'ioiit tf    iiM>n«-.\  .     .-^ee  Cliarter.    .\rt.    til.   see.    2tJ.  clause    1, 

Kor  provisions  and  discussion  concerning  the  city's  power  to  license,  tax  and 
rcRiilate  occupations,  vehicles  and  other  subjects  and  objects  of  license,  see  note 
to  rharter.  Art.  111.  sec.  26.  clause  a.  where  that  subject  is  separately  treate'd: 
aiitl    ordinances    as    to    license    collector    see    U.    C    Chap.    .^0.    and    notes    tliereto. 

I'nder  the  Constitution  the  taxing  power  must  be  exeri'ised  by  miinieipal  cor- 
porations for  county  or  corporate  purposes,  be  uniform,  in  proportion  to  value, 
etc.  See  Const..  Art.  X.  sees.  1  to  4.  etc.  (See  l!i.'.  Mo.  22S;  7G  Mo.  431;  S9  Mo. 
GSI.  and   49  Mo.   S12.) 

As  to  tlie  limit  of  municipal  indebtedness  of  St,  L.ouis  under  the  last  aniend- 
iiient  to  the  Constitution  see  note  to  clause  1  of  sec,  26  of  Art,  III  of  the  Charter, 

The  assessment  and  collection  of  the  revenue  and  taxes  in  the  City  of  St.  l^ouis 
la  governed  largely  by  the  State  laws  (R,  S,  1S99,  sees.  9118-9400  inclusive) 
and  (hose  provisions  thereof  which  are  specially  applicable  to  St.  Louis  are  set 
out  hereinbefore  with  notes,  under  "Laws  Specially  Applicable  to  St,  I.K)uis." 
Chapter  26.  sees.  468-496.  See  Art.  1  (sees,  468-470)  for  assessment;  Art,  2  (sees, 
471-4,S2)  the  Collector;  Art,  3  (sees,  483-487)  settlements  of  collector:  Art,  4.  (sees. 
4SS-492)  dellnnuent  and  back  taxes;  Art.  5  (sees.  493-494)  assessment  and  taxa- 
tion of  railriuuls;  Art.  6  (sees.  49.'i-496)  taxation  of  merchants  and  manufactures. 
These  provisions  should  be  consulted  in  connection  with  the  charter  provisions. 
The  ordinance  provisions  eoverlnp  the  revenue  department  are  found  in  Rev, 
Code.  Chap.  30-32.  sees.  2070  el  uq.;  see  as  to  board  of  assessors,  sees,  2070-2098: 
board  of  ei|ualizatlon.  sees.  2099-2102;  of  taxes,  see.  2103. 

Special  taxation  for  local  improvements  is  not  Included  In  general  taxation. 
and   Is  dlscusse<l   In   notes  to  Art.   VI  of   the  Charier. 

If  the  Stat*'  can  tax  for  stale  purposes  It  can  confer  upon  one  of  its  municipalities 
the  power  to  tax  for  local  purposes:  Henderson  Co.  vs.  Henderson.  173  U.  S. 
loc.  i-lt.  614;  for  "a  municipality  without  the  power  of  taxation  would  be  a  body 
without  life.  Incapable  of  acting  and  serving  ni>  useful  purpose'*:  IT.  S,  vs.  New 
Orleans.  98  I",  S,  381.  393:  and  hence  when  the  power  to  contract  a  debt  by 
bond  Is  given  the  power  to  levy  taxes  to  pay  .same  goes  with  It.  unless  there 
is  an  express  limitation  which  repels  the  inference;  lb.  pp.  393-394  (allowing 
mandamus  against  the  city  to  pay  Judgments  on  bonds):  and  a  lawful  Issue  of 
bonds  Is  not  only  binding  upon  the  munii'lpallty.  but  even  the  power  of  the  State 
itself  to  alter  or  destroy  Its  municipal  corporations  or  change  the  boundaries 
thereof,  cannot  be  so  exercised  us  to  Impair  thi'  obligation  of  such  bonds,  and  If 
such  be  done,  the  proper  officers  of  the  old  municipality  may  be  compelled  by 
mandamus  to  make  an  assessment  and  levy  of  taxi'-s  for  their  payment:  Graham 
vs.   Kolsom.  200  V.  S.   248. 


3(J)S  CHAirnOK   Ol'   THK   city    of*   ST.    I^OUIS.  [art.  v.  Sec.  l. 

The  Constitution  of  Missouri,  sec.  23  of  Art.  IX.  distinctly  recognizes  the  right 
of  the  City  of  St.  Louis  to  make  provision  in  its  Charter  for  levying  and  collecting 
city  taxes  for  the  niaintenanee  of  the  city  government:  the  city  was  empowered 
to  make  provision  in  its  charter  for  the  levy  of  taxes  by  its  municipal  assembly 
upon  such  subjects  and  in  such  manner  as  would  not  be  in  controvention  of 
the  Constitution  and  laws  of  the  state,  nor  does  the  city  derive  its  powers  to 
levy  taxes  from  legislative  grant,  not  being  included  in  those  affected  by  Const.. 
Art.   X,   sec.   1:      St.    Louis   vs.    Bircher.   76   Mo.   431.    433. 

"The  power  to  tax  is  explicitly  .given  in  the  Charter  adopted  in  pursuance  of 
the  constitutional  ijrovisions;  in  view  of  those  provisions  there  can  be  no  doubt 
that  it  was  the  intent  of  the  framers  of  the  Constitution  that  the  Charter  to  be 
framed  by  the  Board  of  Freeholders  for  the  City  of  St.  Louis,  should  contain  such 
provisions  in  regard  to  taxation  as  should  be  found  by  them  expedient,  and  violate 
no  constitutional  provision.  To  hold  otherwise  "would  be  to  hold  that  the 
framers  of  the  Constitution  offered  to  St.  Louis  a  Charter  under  which  she 
could  have  no  revenue,  and  consequently  no  police,  no  waterworks,  no  street 
lighting  or  paving,  no  means  of  subsistence  and  no  life":  St.  Louis  vs.  Sternberg. 
4  Mo.  App.   1.  c.   457    (affirmed  s.   c.   69  Mo.  ,289). 

".Vs  the  city  government,  authorized  by  the  Constitution  for  the  City  of  St, 
Louis,  is  entirely  different  in  its  organization  from  that  of  the  counties,  and  as  thi' 
duty  of  collecting  the  State  revenue  which  devolved  upon  the  County  of  St. 
Louis  under  the  general  law,  was  thereafter  to  be  performed  by  the  city,  it 
became  necessary  to  provide  in  the  Charter  the  requisite  municipal  agencies  for 
the  performance  of  that  duty.  Proper  officers  wei'e  to  be  designated,  the  mode 
of  their  selection  prescribed,  and  the  duties  which  were  previously  performed 
by  the  officials  designated  in  the  general  law  were,  by  express  enactment,  to  be 
imposed  on  them,"  etc.:  State  ex  rel.  vs.  Powers.  68  Mo.  320.  324.  See  as  to 
transfer  of  old  county  functions  to  city  officials  on  the  separation  of  city  and 
county,    note   introductory    to   Charter,    "General   Considerations."    etc. 

Under  the  Charter  and  State  laws  annual  assessments  of  real  estate  in  St. 
Louis  are  lawful:     State  ex  rel.  vs.  Powers,  6S  Mo.  320. 

The  power  of  taxation  by  muni<-ipalities  is  amongst  the  most  valuable  and  im- 
portant of  the  public  trusts  and  powers  conferred  upon  municipal  corporations, 
without  the  exei-cise  of  which  mimicipal  government  would  cease  to  exist:  and 
a  contract  by  a  city  not  to  exercise  the  same,  or  attempting  to  limit  the  exer- 
cise thereof  by  exeniption  or  commutation  of  taxes,  is  void,  and  of  no  effect; 
State  vs.  Railroad.  75  Mo.  20S.  210.  applied  also  in  Springfield  vs.  Smith,  138  Mo. 
I.  c.  655:  an  attempted  exemjition  from  either  general  or  special  taxation  is 
void;     \'rana   \'s.   .St.    Ia^uis.    164   Mo.    146,   152. 

There  being  (at  that  time)  .a  direct  conllict  between  the  Charter  of  St.  Louis 
and  the  general  State  law,  so  far  as  the.v  relate  to  the  method  of  rxti-tidhis  the 
taxes  levied  upon  railroad  property  and  the  subsequent  proceedings  for  collecting 
the  same,  it  was  held  that  the  State  law  supersedes  the  Charter  in  that  respect; 
State  ex  rel.  vs.  Railway.  117  Mo.  1.  11-12.  (As  to  assessment  and  taxation  of 
railroads  see  "Laws  Spec.   Applic.   to  St.   L,"   hereinbefore.  Chap.   26,  Art.   5.) 

Personal  property  of  a  non-resident  is  taxable  here  if  it  be  found  witliin  thf 
local  jurisdiction  regardless  of  whos*-  hands  it  may  happen  to  be  in;  Curtis  ^■s. 
Wood.  .")S  Mo.  295:  and  see  Lionberger  vs.  Rowse.  43  Mo.  67:  Bank  vs.  Meredith. 
44  Mo.  500.  But  personal  T)roperty  is  to  lie  assessed  where  owner  resides,  etc.; 
Rev.    St.    1899.   sec.    9121. 

The  legislature  cannot  aulhorize  .a  municipal  corporation  to  tax.  for  its  own 
local  purposes,  lands  lying  beyond  the  coi-porate  limits:  AVells  vs.  Weston.  22  Mo. 
384.  (But  as  to  issuing  bonds  for  street  railway  running  out  of  the  limits  see 
Henderson  vs.  Jackson  Co..  12  Fed.  (C.  C.)  676:  and  the  city  may  issue  bonds  on 
bridge  over  Mississipiii:  Haeussler  vs.  St.  Louis  (Sup.  Ct.  in  banc  July  2.  1907, 
not  yet  reported.)  As  to  what  is  within  the  limits  where  the  boundary  is  a  river 
see  extended  discussion  in  Henderson  Bridge  Co.  vs.  Henderson  (a  Kentucky 
river  case)  173  IT.  S.  592.  to  l)e  interpreted  in  connection  with  our  laws  as  to  Uw 
boimdary  (see  note  to  Art.  1.  sec.  2)  and  see  State  ex  rel.  vs.  Tjongfellow.  169 
IT.  S.  109:  Haeussler  vs.  St.  r.,ouis  (bonds  for  free  bridge  across  Mississippi.  Supt. 
Ct.   in   banc.  July  2.   1907.   not  as  yet  reported). 

The  State  has  a  right  to  increase  the  boundaries  of  St.  Louis  witliout  consent 
of  property  holders  who  are  thereby  brought  within  its  limits,  and  are  thereafter 
required  to  pay  city  taxes:  Russell  vs.  St.  Louis.  9  Mo.  503:  sec  also  Benoist  vs.  St. 
Louis.   19  Mo.  loc.  cit.   184. 


AK'r    V.   Sfc.  2-6  I  CttAnTKI:  <>l'  TUN  CITV   OK  ST.    t.OflS.  3(j;i 

PuIjIIo  projierty  of  the  litv  is  hy  111.-  Constitution  i'\<-ni|il  fnini  tnxiitl.in  (An. 
X.  si'c.  6)  bnt  this  iloi>»  nut  apply  to  property  held  hy  tlu'  city  as  triist<M'  of  a 
charitable  lictiucst  for  the  binclit  of  a  purtlculai-  class;  In  such  case  the  tax 
should  be  assessed  aKalnst  the  city  as  trustee:  St.  houls  vs.  Wenneker.  14.">  Mo. 
23(1.  I'XS  (Mulhinphy  KnilKrant  l''und:  See  note  to  Ilev.  Code.  Cha|)tei-  111.  sec. 
1654.  el  sfQ.) 

Neither  does  constitutional  nor  statutory  exemption  from  taxes  apply  to  special 
taxation  for  local  Improvements,  as  to  which  see  noti's  to  Charter.  .\rt.  VI.  sec. 
14.  etc. 

In  holdlnsr  void  sec.  11a  of  Art.  X  of  the  State  Constitution,  as  in  conllict  with 
the  14th  amendment  of  the  V.  S.  Const.,  the  court  said  In  State  ex  rel.  vs.  Ry., 
IS.T  Mo.  1.  c.  24t-l'42:  "If  the  co.nstitutional  [State]  amendment  only  excepted  the 
City  of  St.  Ixiiiis.  a  very  different  question  would  also  have  been  presented 
for  adjudication,  for  the  City  of  St.  l.ouis  Is  a  political  subdivision  of  the  State 
as  much  as  any  county  ami  is  treated  as  a  county,  and  any  law  that  is  passed 
applicable  thereto  applies  to  all  persons  within  Its  territorial  limits:  and  taxes 
which  are  Imposed  on  property  in  the  City  of  St.  l.,ouls  art'  necessarily  uniform 
becau.se  they  subject  the  same  class  of  subjects,  within  th.-  territorial  limits  of 
the  clt.v.  to  the  tax.  In  fact  the  laws  relatlnf;  to  taxation  in  St.  Louis  have 
for  many  years  be.n  different  from  the  laws  applicable  to  other  parts  of  the 
State." 

fnder  the  t'liarter  of  1S41  there  misfht  be  different  levies  or  rates  of  taxes 
In  the  same  year,  provided  the  agttregate  did  not  exceed  the  Charter  limit, 
and  the  council  miRht  levy  taxes  cither  for  the  llseal  or  calendar  year:  Benolst 
vs.  St.    I^uls.    19  Mo.    179. 

•See.  2. 

S.'c.  :!.     ICnrorci'iiii-nt  of  (axes.— The  (.nvinciii  of  all  la.xcs  Un-  tlio 
cil.v  .shall   lie  cnrorccd   in   tlic  same  iiiaiiiicr  and  uikIci'  llic  same  rules  and 
rc^jiilalions  as  inav  lie  |ini\idcd  liv  law  fur  ((illccl  iiii;  ami  ciirniiiiio  ilic  \y.\\ 
inciil  of  Siaic  la.xi's. 

[•'or  authorities  relating  to  brlnslng  and  defending  of  suits  for  taxes,  and  mat- 
ters connected  therewith,  s...  i,..i..  %,•  «,.,■    cu   ,.f    -i  :,«<  s lally   Applicable  to  St. 

Louis."    ante    p.   189-190. 

See.  4.  Lic«'iis<'s,  wliarfjijjes  and  otluT  diu's.  I'lic  .\sseiiil»lv 
sliall  also  |ii-<)vi<le  liv  urdinance  lor  the  levy  and  lollcci  ion  of  ail  other 
taxes,  lireiises.  wharrafies.  and  other  dues  of  every  des(ri|(t  ion,  and  to  fi.v 
the  jieiialties  for  ne^rlerl  or  refusal  to  pay  the  same  aiioidiiio  lo  law  and 
ordinance. 

See..").  Itlaiik  liceiisi'.s  _(i<-k<'ts,  ot<'. — li<»\v  issikmI.  All  blank 
licenses.  ti<'kets,  receipls,  |ierinils.  ccM-titlcales  or  otiier  blank  forms  wliicli 
are  intended  to  facilitate  or  simplify  tlie  collection  of  the  revenue,  shall  he 
issued  liy  the  Ke^ister  under  the  seal  of  tlie  city,  and  delivered  and  charged 
to  the  I 'oiii|itroller,  who  shall  coiiiit(M-si};n  and  (h'liver  them  to  th<'  projier 
otTicers  resjieci  ively  and  take  diiplicati'  receipls  Iherefcir.  one  of  which  shall 
lie  tiled   Willi   ihe  .\iiditor. 

Same  as  ordimtni  ■  >.-c.   :i063. 

Sec.  1).  Classifu-atioii  <»f  taxes.  .Ml  taxes  collected  for  miinici 
pal  plirjioses.  from  all  sources  whatever,  sliall  lie  designated  ".M  iiiiicipal 
Hevenue,"  and  the  taxes  eidleeted  for  the  pa,\'iiielit  of  the  pulilic  deltt  shall 
Ih'  <h-si<;nated  "Interest  and  I'lililie  Ilehl  Hevenue,"  and  the  latler  .sliall 
always  he  kept  distinct  froni  oilier  revenues  and  held  sacred  for  the  ]iay- 
liient  of  interest  and  the  valid  indeliledness  of  Ihe  City  of  SI.  I,oiiis  exist  inji 
on  the  seventh  day  of  .Vpril.  ei;;hleen  hundred  and  iiim-ly.  and  the  iiidebt 

'This  section  Is  omitted,  hnvlnfc  been  reiM-aled  at  tl  >•  'ion  held  Oct 

•:.   1901. 


370  CHARTER  OF  THE   CITY   OF  ST.    LOUIS.  [ART.  V,  Sec.  7-12. 

edness  of  tlic  <il.v  wliicli  iiiiiy  have  been  inciirred  tliereaf'ter  or  may  be  in- 
curred hereal'tei-.  and  the  bond.s  issued  in  renewa!  thereol',  and  fcir  no  other 
|)UrjKi.'<e  wliatever. 

Present  amindnicnt  aiioiJted  at  eh'ction  on  Oct.   22.  1901    (ord.  20441). 

Sec.  7.  Payments  into  <'ity  treasury. — All  colh^clions  of  imblie 
money  on  account  ol  Tlie  cii\  shall  be  jjaid  into  the  city  ti-easufy  and  Irijili- 
cate  i-eceijits  taken  thefefof.  sho\vin<i  fi-oni  wliat  source  tlie  money  is  de- 
rived aii<l  the  account  to  wliicli  it  is  placed,  one  of  wiiich  sluill  be  tiled  with 
the  Auditor,  and  one  with  the  (Comptroller. 

Sec.  S.  Settlement  of  fiscal  officers. — The  settlement  of  all  of- 
ficers en^ajjed  in  collection  of  the  reveinie,  shall  be  adjusted  by  the  Coni])- 
-troller.  and  In  him  certirted  to  the  Auditor,  at  It-ast  monthly,  and  oftener 
if  recjuired  by  the  .Mayor,  and  all  blanks  not  used  shall  be  returned  by  the 
Oomjitroller  to  the  Kejiister  for  cancellation. 

.\i'i'i;oriti.\Tio.Ns. 

Sec.  9.  Appropriations.— Tlie  approjiriations  of  the  .Municipal  As- 
sembly for  the  payment  of  int(>rest,  for  the  jiayment  of  the  public  debt,  foi- 
public  ini])rovenients.  and  for  the  sujiiiort  of  the  city  jrovernment  during 
any  one  fiscal  year,  shall  lie  in  conformity  with  the  reijuirements  of  the 
constitution  of  the  State. 

Con.stitiitional  limit  of  municipal  indebtedness,  see  note  to  .\rt.  HI.  sec.  2fi, 
clause  1;  Const..  .\rt.   IX.  sec.  19  and   .-irt.  X.  sec.  12. 

Sec.  10.  Limitation  <>f  appropriations. — No  appropriation  shall 
be  made  from  any  revenue  fund  in  excess  of  the  amount  standiu";  to  the 
credit  of  such  fund;  nor  shall  it  be  made  for  the  purjioses  to  which  the 
money  therein  is  not  apjdicable  by  law. 

See  sec.   12   infra. 

Duty  of  Comptroller  to  see  that  no  improper  expenditure  incurred,  and  that  ap- 
propriations are  not  overdrawn:  Charter.  Art.  IV.  sec.  20:  Rev.  C.  sec.  2427.  Simi- 
lar duties  of  Auditor,  and  warrant  to  specify  appropriation  out  of  which  payable: 
Rev.    Code.   sec.    2411.    2410.    2419;   Charter,    Art.    IV,    sec.    21. 

As  to  effect  of  contracts  where  the  appropriation  is  less  tlian  the  contract  price 
see  note  to  ,\rt.  XVI,  sec.  7:  also,  as  to  improvements,  note  to  .-Krt.  VI,  sec.  28. 

Sec.  11.  Payments  out  of  city  treasury. — No  money  shall  be  paid 
out  of  the  treasury  e.\ce]>t  on  the  Auditor's  warrant,  and  no  warrant  shall 
be  issued  on  any  ajijiropriatiou,  unless  there  is  an  unexpended  balance  to 
the  credit  thereof  sulficient  to  cover  such  warrjint.  and  money  in  the  treas- 
ury to  pay  it. 

See   Rev.   Code,   sec.    2410. 

Sec.  12.  All  ordinances  authori/.inji'  dishursenumts  to  l»e  in- 
dorsed by  ('omptroller. — All  ordinances  that  contemplate  the  pay- 
ment of  any  money  shall,  u])on  their  second  reading,  be  referred  to  the 
approjiriate  committee  who  shall  obtain  the  indorsement  of  the  ("'onijitroUer 
thereon  to  the  effect  that  sufficient  una]ii)ro|iriatiMl  means  stands  to  the 
credit  of  the  fund  therein  named,  to  meet  Ihe  re(Hiir<'menls  of  said  ordi- 
nance, or  it  .shall  not  be  lawful  to  recommend  its  passage,  or  pass  the  .same: 
Provided,  thai    no  claim  shall  be  paid  without    Ihe  a|iiiio\al  of  Ihe  .Viiditor. 

See  as  to  wisdom  of  provisions  sueli  as  these,  the  rmnarks  of  Marstuill.  .1..  ini 
Pryor  vs.   Kansas  City,   l.'>3  Mo.   151  ft  .«•». 


AltT.  V.  Sec.  13-161  CHARTKR  OF  THK  CITY   OF  ST.    LOI'IS.  ;j71 

KKVK.NIK    .\.Mt    T.\X.\l'l<lN. 

Sic.  i;i.  rnadjiistotl  accounts — lunv  <'crtHic»l,  cl<-.  .\ll  mcid 
ju.>;|('<l  iiccDiiiits.  Im'Toiv  tliev  iifc  iUitlited,  iimsi  lir  ( ci-t  ilicd  to  liv  I  lie  ollict'i- 
li:i\iiij;  kii<i\vl('(l};c  of  tlic  I'mcIs.  and  tlu'  Audilor  and  < 'niii|ilr(illci-  iji:i\  allou 
rlirin,  (If  in  I  asr  oT  llicii-  disa;ir('eliieiir.  then  liy  cillici-  of  Ihcni  and  llif 
.\Iav(ir;  and  all  aciniinls  lliiis  allowed  sliall  lie  paid  as  directed  in  lliis  ar 
lirle.  .\ll  andiled  arcoiinl.s  sliall  lie  i-ei;islered  in  the  ( '(>ni|it  i()llei"s  olViee, 
and   tiled  and   )n-esei\ed  as  \iin<hers   in   llie  .\iidit<ir"s  (illiee. 

Krv.   Code.  see.    I'llU. 

See.   14.     .Ml  «'xp«'n<litnrcs,  t>t«'.,  must   lu'  1»\    «»nlinan<'c.  — Xn 

iiiiinev  shall  lie  ex|iended.  ni>i'  shall  an\  ini]pr(i\cnienl  he  ordered  in\(il\inii 
an  expenditnre  of  moiicv,  ('Xee|il  liv  ordinanee.  the  provisions  oC  which  shall 
he  siieeilic  and  detinite. 

Sietloii  elleil:  St.  I-.mi.s  v.-s.  Lang.  131  AIo.  loc.  eit.  420;  Silvester  vs.  Si.  I.ouis 
I6t  Mo.   I.  o.   609. 

As  to  appropriations  for  initilie  work  or  IrnproviMnents.  see  Cliarter.  ,Ai't.  \'I, 
see.   2S,  and  note  thereto. 

A  meri'  auditinizr  officer  cannot  be  niandainiised  wluTe  tliere  Is  no  ap|>r.>prlati(>n : 
State  ex   ret.    vs.   Brown,    HI   Mo.   26. 

Hut  as  to  no  teelinicat  appropriation  by  the  niunieipal  assembly  beliiK  re.iuired 
where  the  police  board  sends  In  Its  estimate,  see  .State  ex  rel.  vs.  Mason.  l."i:i  Mo. 
I'.'t.  and   references  in   note   to  Cliarter,   Art.  XVI,   see.    16. 

ASSKSSMKNT    iil'    I'Kl  il'IMt  TV. 

Sr<\  1.').  Hoard  ot  A.s.scs.sors — Asst'uibl.v  t<i  cstal»li.sh  assess- 
ment <listrict.s. -Tho  City  of  St.  Louis  shall  he  assessed,  in  acemilanee 
with  the  ociicral  laws,  liv  a  Hoard  of  Assessors,  eonsisliii";  of  a  j'fesideiil 
ol'  the  lioard.  to  !>(■  elected  hy  the  (pialitied  voters  ol'  the  city,  and  one  As- 
sessor li-oMi  eaili  assessment  district,  who  shall  hi'  ajipointed  hy  the  .Ma\oi-, 
and  coiitirnied  hy  the  i'oniicil  and  the  .Mniiici|ial  Asseiiilily,  shall  lay  otF 
Ilie  city  into  convenient  assessment  dislricts.  and  shall  have  |power  (o  alter 
and  ciiaiip'  the  .same,  as  iieei'ssity  t)i-  eonvi'iiienee  may   ie(|iiire. 

.See  Rev.  Code,  sees.  2070.  2084.  By  sec.  8  of  the  Scheme  tlu-  office  of  President 
of  the  Board  of  Assessors  Is  declared  a  city  office  and  placed  under  the  control 
of   ilie  City   po\'ernment. 

See.  Ki.  Official  hontls  ol"  Assessors,  '{■he  riesideiii  ol  ihe 
Hoard,  and  eaeli  of  liie  district  assessors,  before  entering;  upon  tiieir  otVieial 
duties,  sliall  ;rive  bond  and  secinity  to  the  State,  to  tiie  satisfaction  of  the 
.Mayor,  with  three  oi-  more  solvent  .securities,  freeiioiders  of  the  city,  the 
said  I'resideiil  in  a  sum  not  less  than  twenty  thousand  dollai-s.  and  the  said 
district  assessors,  each,  in  a  sum  not  less  than  two  Ihoiisand  dollars,  the 
amount  to  l)e  lixed  hy  ordinance,  conditioned  for  the  faithful  |)erformance 
of  the  duties  of  their  olfice.  which  honds  sliall  !«■  executed  in  duplicate,  one 
of  which  shall  Im'  forwarded  to  the  State  Auditor,  and  ilie  oiher  he  ile]iiis- 
iled  with  the  He<;islei-  of  the  City  of  St.  Louis. 

S.-.-    not.-   h.-I.iw 

Duties  ol  .Vsscssors—rcports.- -It  shall  he  the  duly  of  the  district 
iiHs«'.sMors  to  a.s.sess  the  proiwrty  within  the  districts  for  wliicli  they  were 
appointed,  under  the  direction  and  superintendence  of  the  I'resideiit.  in  the 


yj2  CHARTER  OF   THK   CITY    OK   ST     LOUIS.  I  ART.  \'.  Sec.  17-18. 

iiiiuiner  jn-ovicied  by  law.  They  shiill  coninience  tlieir  assessment  ou  the 
tii-st  (lay  of  .Iiiiie  in  each  year,  and  i(iiii]plete  the  same,  and  make  their 
liiial  rej)ort  to  the  President,  on  or  before  tlie  first  Monday  in  January  fol- 
lowinj;.  lOach  report  shall  be  veritied  by  tlie  affidavit  tliereto  of  the  as- 
sessor makinj;  it.  that  he  made  tlie  assessnienl  contained  in  iiis  report  im 
partially  and  correctly  to  the  best  of  his  ability  and  judjimeiii.  and  iinin 
thienced  by  fear  of.  or  favor  by.  or  towai-d  any  one. 

Act  March   21.   1S81    (Laws   1S81.   p.    ITS)    fixes   the   dates. 

Dutles.etc:  Ordinance:  R.  C,  .sec.  2083.  .\s  to  lionds.  etc..  see  R.  C.  sec.  2071, 
See  also  note  to  sec.   18  infra  of  this  article. 

Sec.  17.  (iualittcatioiis  of  As.sessors.— The  I'resideut  of  tlie  Board 
of  Assessors  shall  be  of  the  age  of  at  least  thirty  yeai's,  and  have  been  a 
resident  within  the  city  for  at  least  .seven  years  next  before  his  qualifica 
tion ;  and  each  district  assessor  shall  have  been  a  resident  within  the  city 
foi'  at  least  five  years  next  befoi-e  his  (jualification.  or  com])etent  for  his 
duties  from  actual  service  as  an  assessor  of  real  estate  in  the  City  of  St. 
Louis  for  taxation. 

Ordinance:  Rev.  Code,  sec.  2072.  The  original  provisions  also  required  the  as- 
.sessors  to  be  freeholders  but  was  superseded  by  the  State  law  (R.  S.  1899.  sec. 
.")259>    and    that    portion    is   tlierefore  omitted. 

Sec.  IS.  Duties  <»f  the  President  »>f  the  Board  of  Assessors — 
shall  be  aee<miital)le  for  all  plats,  hooks,  ete.,  helonjjiiijf  to  the 
office — may  apixiint  elerks  an«l  deputies — personal  attendanee  in 
office  required. — It  .shall  be  tin-  duty  of  the  rivsideut  of  the  Board  to 
supc^rintend  the  work  of  the  district  assessors,  and  the  assessment  of  tlM' 
entire  city,  to  see  that  they  faithfully  discliaroc  tlieir  duty.  and.  as  far  a.s 
possible,  make  the  assessment  uniform  and  e(]ual  throuijluiut  the  city.  He 
shall  take  the  entire  charge  of  the  Assessor's  oH'ice.  and  all  maps,  plats, 
books,  papers  and  furniture,  etc.,  belonging  to  the  s;iid  office.  He  shall  be 
accountable  for  all  such  plats,  and  shall  not  jiermit  any  one  of  them,  under 
any  pretence  whatever,  to  be  removed  from  the  oft'ice  exce})t  those  which 
may  be  reijuiied  b\  the  district  assessors  for  the  assessment  of  tlieir  allotted 
districts.  He  shall  use  all  projier  care  and  diligence  to  preserve  all  maps, 
})lats.  books  and  pajiers  belonging  to  the  olfice  from  injury,  and  shall  hold 
the  district  as.sessors  res])o!isihle  for  the  return,  in  good  condition,  of  all 
plats  that  may  he  furnislK^d  to  them.  He  shall  alter  and  correct  the  olVice 
plats,  and  .ill  jihits  used  by  the  district  assessors,  as  r(>(|iiired  by  law.  lie 
shall  furnish  the  district  assessors  with  all  jilats,  blanks.  statioiuMy.  in 
structions.  and  all  information  that  may  be  needed  by  them  Cor  the  projier 
assessment  of  their  respective  districts.  He  shall  receixc  the  return  of 
property'  of  those  u]>()n  whom  the  district  as.sessors  have  ordered  notice, 
except  in  those  cases  where  the  district  assessors  make  personal  service, 
and  shall  administer  the  oath  re(]uired  by  law.  He  may  ainioint  one  oi' 
more  of  the  clerks  in  his  office  as  deiiiiti(>s.  and  he  or  they  shall  be  author- 
ized to  administer  the  oath.  He  shall  furnish  jtajier.  blanks,  and  all  neces 
sary  information  to  persons  desiring  to  make  a|i)ieal  from  the  assessnumt 
of  the  district  assessors.  He  shall,  in  jierson.  be  at  his  office  every  working 
day.  during  office  hours,  excejit  when  engaged  in  his  duti(>s  as  Ass(>ssor.  or 
absent  oii  leave,  and  shall  fiii-nish  iiiformat  ion  on  all  matters  pertaining  to 
the  assessment  of  ])ro|ieity. 

See  in  connection  lu-rewilh  I:,  .s.  1S99.  .sec.  91C9.  set  out  liereinbeforc  under 
"Laws  Specially  Applicable  to  St.  Louis."  Chap.  2ti.  sec.  468.  I'^ir  ordinances  see 
R.  C.  2070-2098;  deputies,  sec.  20":i. 


ART    VS...    I"J-J3.|  CIIAKTKK   OI-'   TIIK    (MTV    OF   ST.    I-OnS.  373 

The  action  of  llu-  usses»ur  In  ussfSslnK  tin-  properly  of  owners  l»  <|Uusi-Judlclal, 
iind  when  Ills  Jiirlsdietlon  uttaehes  by  the  duo  servlee  of  notice  and  blanks,  his 
valuation  and  aasessn»ent  made  where  the  property  owner  falls  so  to  do.  is. 
unless  appealed  from.  <'oneliiHive  upon  the  ta.xpayi'r;  and  that  the  valuation  is 
of  a  lump  sum.  not  itemized,  is  at  most  a  mere  irregularity  of  which  the  tax- 
payer, when  sued,  cannot  complain:  State  ex  rel.  vs.  CumminRS.  151  Mo.  49, 
SO.  See  also  State  ex  rel.  vs.  Seaborn.  l'.\»  Mo.  ."iS2:  State  ex  rel.  vs.  Hoyt.  123 
.Mo.  3-lK.  But  the  assessor  cannot  raise  the  return  made  by  the  taxpaN'er.  without 
notice:    State  ex   rel.   vs.  Spencer.   114  Mo.  S74. 

Hy  Charter.  Art.  V.  sec.  L'S.  the  Comptroller  has  :i  rlnht  to  correct  manifest 
i-rrors   In  assessments. 

Scr.  1!>.  As.s«'ssnH*ii<  biMtks,  how  iiiiiilo  up.  -Wlicn  tlic  (lisiiict 
assessors  shall  lia\i-  luiiiiilcifd  ilicir  iisscssiiuMils,  said  I'rcsidcnt  o(  liie 
lUianl  sliall  make  up  llu'  assessment  liooks  in  proper  alplialx'tieal  oriler, 
from  the  phits  and  rciiiriis  maih-  liv  s;iid  district  as.sessors,  from  liie  relurii 
of  properlv  holders  to  the  Assessor's  olfice.  and  from  tlie  best  inftirinal  ion 
he  can  otherwise  olii:iin.  so  that  said  assessment  hooks  shall  he  as  nearly 
as  possible  a  full  and  com](lete  assessmeni  of  all  laxalile  property  in  the 
city,  the  saini'  to  he  completed  on  or  liefore  llie  ihird  .Mond;iy  in  Mnrch  of 
each  year. 

Cited    In    lleman  <^>nst.   I'n    vs     Loevy,    17!'  Mo.    loc.   rlt.    4i;S-IG;i. 

Sec.  L'O.      Public  ii<>ti<-c  lo  ln'  i^ivrn  o\'  coiiiplftiou  u(  hooks. — 

.\.s  soon  as  said  hooks  are  coiii]det(>d,  the  I'resident  of  the  Hoard  shall  ^ive 
one  week's  piihlisheil  notice  in  the  (hiily  iiewsjiaiiers.- -one  of  wliicli  sliail  he 
printed  in  (leriuan. — that  said  books  are  ojien  for  insjiectioii.  and  stating;; 
Ihe  time  when  the  Hoard  of  l'(|ii;iliz:ilion  will  he  in  session. 


Sic.  \1\ .     I)ut.\  of  Ht'coriiiT  ol    Deeds  in  rt'l'iTt'iKH'  lo  convi'y 

nilfi's. —  The  Kecorder  of  heeds  of  the  City  of  St.  l^ouis  is  hereby  reipiired 
lo  deliver  to  tlie  I'resideiii  of  the  Hoard  of  Assessors,  from  day  lo  day. 
when  rei|uired  of  him.  and  the  (hiy  after  the  same  shall  have  been  recnideil 
and  coni|iared.  all  <h'eds  and  other  iiisiruments  in  writino;,  tiled  in  his 
office,  by  which  any  clianoe  of  ownersliip  is  made  in  any  of  the  real  estate 
of  the  rity  of  St.  Lotiis,  and  the  l'residei>t  of  the  15oard  shall,  without  iin 
necessary  delay,  make  sucli  chanjies  uj)ou  the  plats  in  liis  otTice  as  said 
deeds  and  other  iiislriimeiits  may  recjiiire,  and  forlhwitli  return  such  deeds 
and  other  inslrunients  to  said  Keeoi-der. 

<  ►rillni,nce  to  siinu-  cfTecl:  R.  C.  sec.  2097.  See  other  ordinances  affecting  Re- 
corder: R.  C.  Chap.  27.  sees.  2047-2052:  also  .sec.  1944.  Duties  to  record  plats. 
Chart  .  Art.  VI.  .sec.   1. 

Si;.-.  I'L'. 

This  section  was  repealid  at  the  charter  amendment  election  of  Oct.  22.  1301 
(submitted  by  ord.  20444)  and  Is  omitted  from  the  text.  The  section  provided 
that  the  assessment  of  lands  in  the  city,  which  had  not  been  laid  off  into  blocks 
or  lots,  should  be  assessed  by  the  acre  as  aitrloultural  lands  until  laid  off  Into 
blocks  and  lots  hy  the  owniTs.  Before  Its  repeal  the  same  had  been  declared 
void  as  unconstitutional  (conllictlni;  with  sec.  4.  Art.  X.  requiring  all  property 
to  b«  taxed  according  to  Its  value):  State  ex  rel.  vs.  O'Brien.  89  Mo.  631. 

.\  similar  section  had  lontc  before  been  held  not  to  require  the  value  for  taxa- 
tion  purposes  to  be   nxed   by   Its  aKrlcultural   value  only:    Benolst   vs.   St.   Ix>uls.    15 

Sec.  "jy.    Costs  4»f  iisscssiiMMit,  how   paid.     All   tlie  <M)sts  and  ex 
p4'nses  nf  the  assissineiit  shall  be  .il lowed  and  paid  by  the  <'ily  of  St.  Louis, 


374  CHARTER  OF  THK   CITY   OF   ST     LOUIS  [  ART.  V,  Sec  .24  25. 

iu  tlie  sauu!  uiauiier  as  other  deiiiaiids  against  the  vity  arc  allowed  and 
paid,  and  when  the  aggregate  for  each  jear's  assessment  shall  have  been 
ascertained,  the  Auditor  of  St.  Louis  shall  certify  the  same  to  the  State 
Auditor,  whose  duty  it  shall  be  to  di'aw  his  warrant  in  favor  of  the  (^ity  of 
St.  Louis  for  one-half  of  s;Ud  assessment,  as  provided  by  law. 

Rev.  Code.  sec.   2U98. 


BO.AUI)   OF   EQUALIZATION. 

Sic.  24.  Orjjaiiiziition  and  duties. — There  sliall  be  a  Board  of 
Lijua  lization,  consisting  of  the  Tresident  of  the  Hoard  of  Assessors,  who 
shall  be  I'resideiit  there(»f,  and  four  discreet  and  experienced  real  estate 
owners  (d'  the  City  of  St.  Louis,  of  a  prior  residence  therein  of  ten  years, 
who  shall  be  aj)pointed  by  the  Judges  of  the  Circuit  Court  of  the  Eightli 
.hidicial  Circuit,  on  the  second  Monday  of  March  annually.  The  duty  of 
said  H<iard  shall  be  to  adjust,  correct  and  ecpialize  the  valuation  of  real 
estate  and  |)ers(inal  jirojH'rty  in  said  city.  It  shall  meet  on  the  third  Mon 
day  in  .Mai-ch  annually,  and  shall  remain  in  session  for  four  weeks,  if  busi 
iiess  reipiires  it,  and  no  longer.  Said  Hoard  shall  hear  and  determine  all 
appeals  in  a  summary  manner,  shall  adjust  and  correct  the  assessment 
books  accordingly,  shall  determine  as  far  as  possible  whether  the  property 
has  been  assessed  at  the  true  cash  value,  and  in  just  projxirtion  to  the  as 
sessed  \alue  of  the  other  pro]ierty  in  the  city  similarly  situated,  and  to  this 
end  shall  increase  or  diminish  the  assessment  on  any  }iro[)erty.  I'eal  or 
personal,  or  mixed.  If  they  projiose  To  inci-ease  the  assessment  in  any  case, 
they  shall  cause  notice  thereof  to  be  .sei-ved  ujion  the  owner,  agent  or  i-ejii'e- 
sentative  thereof,  if  within  the  city,  who  shall  have  the  right  to  be  heard 
ui)on  such  propo.sed  increa.se.  The  said  Board  shall  have  power  to  .send 
for  persons  or  pa])ers,  and  to  compel  the  attendance  of  witnesses,  and  to 
this  end  the  Sheriff  of  the  city  shall  execute  such  j)rocess  as  may  be  issued 
by  it.  The  majority  of  said  Board  shall  constitute  a  i|Uorum.  and  a  m.u 
jority  of  those  jire.sent  shall  determine  all  matters  cd'  ajijieitl  oi-  revision,  or 
coi'rection  of  values.  The  compensation  of  the  membei's  of  the  Board  shall 
be  fixed  by  ordinance,  but  the  President  shall  recei\e  no  compensation  as 
such  member.  The  mendiei's  of  such  Board,  before  entering  upon  the  duties 
of  their  oH'ice,  shall  take  and  subscribe  an  oath  similar  to  that  required  of 
County    Boards  of   Equalization. 

Ordinance.s  on  Board  of  Equalization.  R.  C.  sees.  2099-2102.  Asse.'ssments  must 
be  corrected  by  appeal.  If  the  asses.sed  owner  does  not  appeal  to  the  board  of 
equalization  as  provided  by  law.  he  will  not  be  heard  to  dispute  the  assess- 
ment of  the  assessor,  which  then  Is  conclusive,  if  the  property  is  taxable  under 
any  law:  State  ex  rel.  v.s.  Tobacco  Co..  140  Mo.  218.  The  right  to  appeal  is 
eciuivalent  to  "a  day  In  court":  State  ex  rel.  vs.  Cummings,  lijl  Mo.  1.  e.  59 
(holding  failure  to  make  an  itemized  list  of  property  at  best  only  an  irregularity); 
see  on  same  point  State  ex  rel.  vs.  Seaborn.  1,'!9  Mo.  I.  c.  609-610. 

.\  board  of  eiivialization  being  a  tribunal  of  special  and  limited  power.s.  acts 
<iutsi(lc  of  its  jurisdiction  are  void;  but  in  the  performance  of  its  duties  it  acts 
.ludicialiy  and  its  orders  cannot  be  collaterally  impeached  except  for  fraud:  State 
ex  rel.   v.s.  Vaile.   122  Mo.  33;  St.  Louis  Mut.   vs.  Charles.   47  Mo.   462. 

The  action  of  the  board  of  appeals  is  judicial  and  hence  certiorari  is  the  proper 
mode  of  reviewing  its  acts:  State  ex  rel.  vs.  Dowling.  50  Mo.  134;  but  only 
mattf'rs  on   the  face  of  its  record  can   be  reviewed:      Ward   vs.   Roard.   l^.'j  Mo.   309. 

Sec.  2.').      Record  of  I*ro<'«MMnii<;s.— Said    Board     shall    keep  a  com 
plete  record  of  all   its  in'oceedings.  and  deliver  the  same  to  the  said  Bresi- 
deni   to  be  kept  as  a  I'ccord  in  his  office. 


\i:r  v,8cc.M-.'«  i  c'ii.\r:Ti;i;  of  tiik  city  uk  st.  Loris  375 

Sic.     I'li.        .Vl»slr;ic(     of    <'OI'I'«M'(«mI     ;iSS«>SSIII«>llts     lo     l>»'     Ht'Ill       to 

Mayor  and  Slad"  Aiidiloi— S(a)«',  s<-ho<»l  and  <•!(>  <a\  bills,  how 
pr«'par«Ml— diijy  of  ConiptrolltM*  in  relVrtMU-o  to  tax  hills  an<l 
asst'ssnu'iit  ho(»ks — AHit  tlic  asst'ssnii'iit  hooks  linvi-  Im'cii  (^ori-cctcil.  tin; 
I'rcsiilfiii  ol"  the  hoard  shall  make  out  a  fair  cojiv  of  the  saiiic,  aii<l  sliall 
niaUc  ail  alislraci  ol'  said  hooks,  sliowiiif;  llic  aniouiil  of  llic  several  kinds  4>f 
jiro|ierlv  assesseil,  and  specirviuf;  tin-  auioutit  of  value  of  all  |wo]ierlv  with- 
in the  |ii-espiit  liuundsiry  line  of  the  eit.v,  the  anjouiii  of  \:ilne  of  ail  jd-op- 
ert.v  in  the  extended  limits,  and  th(>  ajif;r(>f;ate  \aluaiioii  of  all  i)ro|ierty 
within  the  rity  limits  as  esiahlished  hy  this  Charier,  and  add  tliereto  his 
<-ei-lili<ale  that  the  same  contains  a  true  and  correet  list  of  all  taxahle  prop 
erty  of  the  City  of  St.  Louis  so  far  as  he  has  U'en  ahic  lo  ascertain  the 
siune.  One  copy  of  the  abstract,  verified  hy  his  oath,  shall  he  delivei-ed  on 
or  hef(H'e  the  fourth  Monday  in  May  l<i  the  .Mayor  of  St.  l^ouis.  and  another 
copy  lo  the  Slate  Audihir.  lie  shall  add  ujion  the  assessment  hooks  the 
Stale  and  school  ta.\es  i'e(|uire<l  hy  law  to  he  levied,  and  also  add  in  accord- 
ance with  a  certitied  copy  of  an  oi-dinance  from  the  .Municipal  Assemhiy, 
all  niunici]ial  taxes  set  forili  in  said  ordinance,  and  shall  then  cause  to  he 
made  out  tax  hills  ajrainsi  ilie  persons  assessed,  sellinj;  foi'lh  in  said  l)ills 
the  name  of  tlu-  person,  the  description  of  the  ](ro|ierly.  and  the  several 
taxes  thereon,  the  name  of  tiie  owner,  lessee  or  ajicnl  of  the  jiroperty  as 
st'ssed,  and  their  nuinher  or  place  of  residence  or  hnsiness.  .ind  such  other 
information  as  may  facilitate  the  collection  of  such  la\  hills,  lie  shall  de- 
liver said  hills,  with  an  ahslract  of  the  same  and  with  a  copy  of  the  as.se.ss- 
meiil  I ks,  to  the  Comptioller,  who  shall  compare  sai<l  hills  with  the  ab- 
stract, test  the  footin<;s  there<tf.  and  then  shall  otVicially  stain]i  said  l)ill.s 
and  deliver  the  same  with  the  abstract  to  the  Collector  and  lake  his  sep- 
arate receipts  Ihei-efor.  First,  for  the  ajifirefiate  of  said  hills;  Second,  for  th(^ 
amount  of  the  Stale  laxes;  which  last  receipi  the  said  Coinpirnller  slialL 
ti-ansmil  to  the  Siate  Auditor. 

Si'Ctlnn  I'lteil:   Xt-man  Const,   v.s.   L^ii'vy.   179   Mo.   1.  v.   -ISfl. 

S«"e  Statv  law.  R.  .S.  1899.  sec.  9169  (set  out  herelnbefon-  under  Laws  Applicable 
Specially  to  St.  I*.  Cli.  26.  sec.  468)  as  to  duty  of  President  of  the  board  of 
assessors    respecting    plats    and    changes    of    assessments    to    owners,    each    year. 

School  ta.\es  are  fixed  by  the  Board  of  Hducation;  as  to  remission  of  same 
whert*  an  excess  remains  see  Charter.  Art.   XIII.  sec.   5. 

Se<-.  JT.  IVri'tMitafff  of  (ax«'s  ti\«'d  1»\  ortltnaiice. — On  or  be 
fore  the  fiuirlh  .Monday  in  .May  in  each  year,  the  .Municijial  .\sseinhly  shall 
«-aiise  lo  1k'  delivered  to  the  President  of  the  Hoard  of  Assessors  a  certitied 
ordinance  establisliinfj  the  percentage  of  taxes  for  the  current  year,  and 
failin;;  so  to  do,  the  rates  last  previ(Uisly  eslablishe(l  shall  he  the  pevcentajie 
4>f  la.xes  for  the  current  year. 

See  R  C.  sec,  2103.  This  charter  provision  (sec.  27)  Is  an  amendment  adoptert 
at   the  charter  election  of  Oct   22.   1901.  submitted   by  ordinance   20444, 

The  rate  for  school  taxes  Is  flxed  by  the  Board  of  Elducatton:  Charter.  Art. 
Xtll,  sec.   4. 

S.c.  js.  ('(inipt roller  fo  comM-t  inanlfrsl  errors  in  as.sess- 
nionts.— The  Cii.v  Ciimpiroller  is  aiiiliorized  and  empowered  to  hear  and 
determine  all  alleviations  of  manifest  errors  in  the  assessment  of  lands  and 
|i«>rsonal  property  for  laxes,  and  in  all  eases  when  it  shall  apjiear  that  lands 
or   personal    property    have   bet-n    erroneously    taxed,   the   said    Coniplroller 


37G  CHARTER  OF  THE  CITY  OF  ST.   LOUIS.  | ART  V,  .Sec.  29-31. 

shall  cause  ilie  same  lo  lie  vontHicd  dii  Tlie  assessment  books,  and  shall 
cei-tifv  to  the  Stale  Aiiditor  all  such  coirectiDiis  lo  be  credited  to  the  Col- 
lector. 

Anifiulinrnt  adopted  at  election  Oct.  :;:;.  1901.  The  city  asseniblj-  is  prohibited 
troiii  relieving  any  citizen  from  payment  of  any  tax  or  exempt  him  from  any 
burden,  etc.  See  Charter.  Art.  Ill,  sec.  .'iO;  and  from  making  any  appropriations  for 
charitable   ]nirpiise.'i.   etc.:    ib.   sec.   33. 

Sec.  J!t.     Authority  of  Comptroller  as  to   dclinqiu'iit    taxes, 

etc*. — And  the  said  Coinptioller  is  I'urtlier  authorized  and  eiiii)owered  to 
discharjie  all  the  duties,  and  perforin  all  the  acts  within  the  city  limits, 
in  i-ejrard  to  the  "land  delinquent  list."  the  "sale  of  land  for  taxes,"  and  all 
other  matters  reiatinii  to  the  assessment  books  and  tax-bills,  that  are  im- 
posed on  the  ("oniily  Court  in  the  (General   Law. 


(■(U.IJOC'IION    (II-    lAXlCS. 

Sec.  :U).  Boiiil  of  City  Collector.  — The  Collector  of  the  City  of 
St.  Louis,  liet'oie  enterinj;  ujjoii  the  discharsic  of  the  duties  of  his  office, 
shall  i;ive  bond  and  security  to  the  State,  to  the  satisfaction  of  the  .Mayor, 
in  a  sum  provided  by  law  and  ordinance,  conditioned  that  he  will  faithfully 
and  jiunctually  collect  and  i)ay  over  ail  State,  school,  municipal  and  other 
revenues,  durinj;-  the  time  he  shall  be  in  otiice,  and  that  he  will  in  all  things 
faithfully  perform  all  the  duties  i>f  the  office  of  Collector  accordint;  to 
law.  The  official  bond  required  in  this  .section  shall  be  signed  by  at  least 
live  S(dvent  securities,  freeholders  within  the  city,  and  be  executed  in  diijili 
cate,  one  of  which  shall  be  deposited  with  the  Rejj;ister,  and  the  other  trans- 
mitted by  the  Rciiister  lo  the  Stale  Auditor,  who  shall  carefully  examine 
the  same,  and  if  it  aiqiears  to  his  satisfaction  that  the  bond  is  insutficient, 
he  and  the  .Mayor  shall  recpiire  such  <"ollector  ro  give  additional  bond,  and 
if  he  fail  to  give  such  additional  bond  within  ten  days  after  he  shall  have 
been  notified,  his  office  shall  be  declared  vacant.  Said  bond,  when  ap- 
proved and  recorded,  shall  be  a  lieu  against  the  real  estate  of  such  Col- 
lectoT-  until  he  shall  have  com])lied  with  the  conditions  thereof.  If  the  Col- 
lector shall  neglect  or  refuse  to  give  such  bond  for  fifteen  days  after  his 
election,  his  ofl'ice  shall  be  declared  vacant,  and  an  election  shall  be  ordered 
to  fill  the  vacancy. 

See  also  Stat.'  law;  It,  S.  I,<99,  sees.  I)2n6-921S.  (See  same  under  "l.aws  Spec. 
Appl.    to   St.    1,.."  Ch.    L'«.    Art.    2.   sees.   471-480.) 

Hy  sec.  R.  S.  9210  (Laws,  etc.,  sec,  475  with  note)  the  bond  is  a  lien  on  the 
realty  owned  by   tb<-  collector. 

Sec.   :il.     Collector    to    <*ollect    all    revemie.s    except    water 

rates.  -The  Collector  shall  collect  all  revenues  lierived  from  all  other 
sources,  which  may  be  levied  by  law  or  ordinance  within  the  City  of  St. 
Louis,  except  water  rates,  and  keep  a  detailed  account  of  all  his  collections, 
from  all  the  ditl'erent  sources  of  revenue  and  taxation,  respect i\('ly.  .Ml 
collections  made  belonging  to  the  city  shall  be  paid  into  the  city  treasury 
daily,  and  triplicate  receipts  taken  therefor,  showing  from  \\hat  the  money 
proceeds,  and  the  account  to  which  it  is  placed,  one  of  which  shall  be  til(>d 
with  the  .\uditor.  and  one  with  the  Comptroller. 

S.e  ordinance  R.  C.  .fee.  2290.  The  duty  cast  on  tlu>  Collector  to  collect  licenses 
was  by  state  law  transferred  to  a  "license  collector"  created  by  that  act:  and 
the  issuance  of  dramshop  licenses  was  by  statute  conferred  on  the  Excise  Com- 
missioner:    See   note   on    these    points  and    references   to    these   statutes   in    note    to 


ART.  V,  See.  32-;M.| 


CIIAKTKK   OK   TIIK    IMTV    i  H."    ST 


.177 


i.'liurt.-r.   Art.    IV..  ai-i-.   24.     To    timt   •xt.nt    tii.-   .liilirs  nf    iliv 
lU'il. 


■iilU'ftor   wori'    imimIi- 


('niniiilDsloii.s  »f  Collfcloi'  for  fOlliH-tliiK  ri'Vi-nui'  shi-  Stiit<-   liiw.   H.   S.    1S!>!I,  stco. 
ii:!SO  (.si't  out  under  "Irfiws.  S|H-i'.  AppllrHMi'  to  St.  l^ouls,"  Ch.  :!6,  Art.  .1,  si-l-.    tS6). 

Sir.  :5l>.  Kobato  on  tax  bills,  On  all  tax  hills  i'tn-  real  and  pcr- 
soiiai  |>rti|icrt,\ .  mi  ilit-  a.ssc.s.sniciil  ixuik.s.  whiili  shall  he  ]iai(I  to  the  Col- 
IcrlDi'.  1)11  DP  hcrmc  the  liisi  <la.\  nf  Orltilicr  in  cafh  vcar.  alldwanrc  or  ih'- 
hatt>  shall  lie  niailc  nn  I  he  iit.\  la.Xfs  on  said  hill,  lo  the  |icrs(in  m-  (km-sous 
making  sntli  pavnicnls.  al  the  rate  ol'  fi<;l)l  |ici'  ccnliini  |K'r  annum  fi'iiiii 
iIk'  date  III'  sni'li  )iaviii('iii  in  (he  :tlst  of  I  h'conihcr  t'i)ll(i\vin<;',  and  lli(>  aninniil 
of  such  allowance  or  rclialc  shall  he  credited  to  the  account  of  the  <'o|- 
leclor.  and  chai-j;ed  lo  the  res|iecii\c  revenue  accounts. 

'"■I" ■      Mtl     t;i\     I'ImI--.     KrV.    ('..    set-.    L'L'Ill. 


s.  •  .  .....     .\iitbori(,v   «»r    ColkM'tor    to   appoint    <I«'pntios. — The 

Collector  inav  a|i|ioiiii  liepnties.  hv  an  iiisirunieiii  in  will  in;;,  duly  siiiiied. 
and  max  also  revoke  anx  such  a|i|ioiiiliiieMl  al  ]ileasiii-e,  and  may  rei|uire 
hiiiid*  or  other  securities,  from  such  de|)nlies  lo  secui'e  himself;  ami  each 
s\icli  depnlx  shall  have  like  authority  in  every  res]iect  to  colled  Die  taxes 
levied  or  as.sessed  within  tlu»  city  or  any  pari  llu'reof  xxhich  hy  laxx  is 
vested  in  the  Collector  liiniself;  hiil  the  CoMector  shall,  in  every  respecl.  lie 
responsihle  lo  tlio  State,  city,  individuals,  companies  and  corporations,  as 
the  case  may  he.  for  all  moneys  collected,  and  foi-  excrx  aci  done  hy  any 
of  his  deputies  xxhilst  aciiu};  as  such,  and  for  any  omission  of  duly  liy  such 
deputy.  Any  hond  or  security  taken  from  a  depnlx-  hy  the  ('cdleclor  shall 
lie  axailahle  to  such  Collector,  his  repri'sentatives  and  securities,  to  in 
di'innify  them  for  any  loss  or  dania;;e  arisiiij;  from  any  act  of  such  deputy. 

Stnl<>  statute  on  follector's  rlijht  t"  ili'putlcs:   R.  S.   ISnn.  stc-.  9217   (.sei-  same  in 
lji\x-»  Sp.   Appl.   to  St.    K."   KIT.   JS2). 

Kor  onllnancc  .«i-f  R.  C.  sees.  2892.  229n. 

Ill  an  in-tion  on  tax  lilH.  thi*  bill  rannot  In-  rxi'liiard  luu-aiist'  slKncd  by  deputy: 
Stat.-   px   rt-l.   V8.    MUli-r.    IB    Mo     App.    :<:t». 

Sir.  :u      ('it.\  ('olU'«"(or  («»  perform  all  (lutics  discbar^tMl   b\ 

Coiinly  ColUM'lor.     I'Ur  said  t'ollcciDr  is  auiliurizi-il.  cmpoxvcrcd  and  di- 
i-ecied   lo  discharfje  all   the  duties  and  perform  all   the  acts  in  relation   to 
the  collection  of  the  i-evemie.  within   the  city  limits.   Iliat    the  County  Col 
le<-tor  is  iioxx-  rei|uired  and  aulhori/.ed  hy  law  to  ilo. 


378 


CHAIITKU   OK  THK   CITY   OK   ST.    I.OUIS. 


[ART.  VI. 


ARTICLE  VI. 

PUBl  IC    IMPROVKMENTS-CONDEMNATION    PROCKEDINGS— STREET    OPENINC^- 
C-ONSTRUCTIONS  OF  STREETS.  BOULEVARDS.  ALLEYS.  ETC..  AND  SEWERS— 
SPECIAL  TAXATION— CONTRACTS  FOR  PUBLIC  WORK- 
STREET  SPRINKLING. 


SECTION 
1.  Street.s  to  lie  estalilislied — lot.s.  etc..  to 
conform  to  established  streets— map 
or  plat  of  new  blocks,  lots.  etc..  to 
bear  certificate  of  responsible  sur- 
veyor, to  be  approved  by  B.  P.  I. 
and  refer  to  established  landmark, 
otherwise  cannot  be  recorded — dedi- 
cation to  public  use  of  streets,  al- 
leys and  public  places— limitations 
respecting  heavy  hauling-  and  busi- 
ness traffic  allowed  on  certain  con- 
ditions— private  places  —  boulevards 
may  be  established  on  stated  con- 
ditions, or  discontinued, 
CONDEMNATION     PROCEEDINGS. 

2.  l^orm     of     petition — commissioners     to 

assess  damages— parties  defendant. 

3.  Notice     to     defendants — process     to     be 

served  by  city  marshal — notice  by 
publication. 

4.  Court    shall    appoint    three    freeholders 

as  commissioners,  to  assess  dam- 
ages; qualifications — majority  may 
act    and    report. 

5.  Duty   of   commissioners   as   to    damages 

and  benetits — assessments  of  bene- 
fits to  be  a  lien  against  property  — 
opening  of  alleys. 
.  6.  Commissioners'  report  to  be  under 
oath— damages  and  benefits  to  be 
separately  stated. 

7.  Report  may  be  reviewed  on  exceptions 

court  may  order  new  appraisement. 
etc. 

8.  Cost      of      proceedings — commissioners 

each  allowed   $3.0U  a  day, 

9.  Report  of  commissioners  to  be  submit- 

ted   to    assembly — report    stands    ap- 
jjrovd     it     no    action     taken     within 
tiin<-    limited— on    disapproval    of   re- 
port, court  shall   set  same  aside  and 
order     new    assessment — withdrawal 
of  proceedings  by   city,  conditions. 
I'inal    action    of    court    to    be    reported 
to     comptroller,     who     shall     furnish 
copy    to    assembly — appropriation    to 
pay   damages;   failure  to  appropriate 
to  operate  as  a  bar  for  ten  years. 
City    may    deduct    benefits    from    dam- 
ages,   and    shall    pay    excess    or    de- 
posit   in    court — interest    disallowed, 
when — when  title  of  property  in  dis- 
pute   damages    paid    into    court — im- 
provement   may    proceed. 
12.   Condemnation  of  property   for  particu- 
lar   uses. 


10. 


11. 


SECTION 

WATER    .AND    GAS    PIPE    CONNECTIONS. 
13.    Board  of  public  improvements  to  regu- 
late. 

CONSTRUCTION    OF    STREETS.     BDULE- 
V.ARDS    AND    ALLEYS. 

U.    Ordinances  for   iniprovcmenl  of  streets, 
etc..  to  originate  with  B.  P.  I. — board 
to   designate  day   for  public   meeting 
to      consider      improvements — notice,  . 
contents    and    time    of    publication — 
remonstrance    against    improvement, 
time    of    filing,    etc..    and    action    of 
board   thereon — two-thirds   vote   will 
overrule — board    to    prepare    and    re- 
port    to     assembly     ordinance,     witli 
reasons,    in   event  of   remonstrance — 
majority    vote   of   board   sufficient    In 
absence  of  remonstrance — board  may 
provide     in     improvement    ordinance 
that    work   and    material    be    guaran- 
teed   and    kept    in    repair   for   a   term 
of   years — special    taxes   to   be   levied 
and    assessed    according    to    frontage 
and      area,      apportionment  —  benefit 
districts    for   special    taxation   estab- 
lished, method — special  taxes  for  ths 
construction      of      sidewalks     appor- 
tioned    by     front     foot     rule — terms 
"reconstructing"       and        "repaving" 
construed — partial    improvements   by 
reconstructing  and  repaving  permit- 
ted— contracts    for    improvement    of 
sidewalks    considered    distinct    from 
ttiose    of    streets,    etc.     Culverts    and 
partial     grading    of    streets — special 
taxation    for    improvement    of   alleys 
— word    "lot"   defined. 

ir,.  Improvement  ordinance,  requisites — 
may  specify  term  of  years  for  which 
work  shall  be  maintained — estimate 
<if  cost  to  be  endorsed — streets,  etc  . 
to  be  established  or  dedicated  prior 
to    improvement. 

\'ote  of  assembly  on  improvement  bills. 

.\ll  ordinances  for  pulilic  work  to  be 
recommrmiled  by  the  board  of  pub- 
lic improv<'ments. 

.Vpportionment  of  cost  of  improvements 
portion  paid  by  th-  city  and  prop- 
erty owners  respectivcb' — -no  limit 
to  special    taxation. 

Nuisances  caused  by  public  works  to 
be  abated  by  city — damages  by 
change  of  .grade  to  be  paid  by 
city. 


AItT  VI.  S<-c.  11 


i'H.\i;ti:i;  <>i-  ■nil-:  ci'iv  uy  st.  i-oris. 


37'.i 


•I  I'.r.n-   I  Mi'itiivi:Mi:.VTs — stukkt  (irKM\i;s. 


SKi-rioN 

>1.\\  I. Its. 

2«.  riasslttiiillon  nf  s.-wer  aystfiii — "|>iib- 
lli-."  "cIlBtrlrt."  "Joint  Jl.stilrt"  and 
"prlvnti-." 

Jl.  l>lMtrU-t  8i*\vt*r8,  ostnhllshnifnt  and 
rnnstriiftlon — dlntrirt^  may  be 
rhanKfil — »p<'ilal  taxation  for.  aii- 
thorl/.i'tl — ii'pair!*  and  Inilili-ntal  I'X-  ' 
pi-nst'S  palil  by  city — reconstruction 
of  si-wiT.M  pi-rmltted  at  i-xpt-nsc  of 
prop<Tty. 

*_'-'.  J*ilnt  ill!4trict  s»'W*'rs.  how  fstabllHlii'd 
— 'Special  ta.\atlon  for.  atithori/.t'd: 
Ihhv  levied  and  assessed.  Wlu'n  ter- 
ritory outside  of  city  limits  Is 
dralne<l,  city  to  pay  portion  of  cost 
•  if  construction — Joint  district  sew- 
ers  nia.v    be   constructetl    In    sections. 

-.':.  Private  sewers — t'lty  to  be  at  no  ex- 
pense for  same — sewers  and  drains 
deemed  privati' — may  be  act|ulred  by 
city — special  taxation  therefor  au- 
thorized—  connections  with  other 
sewers.  coni|>ensatU<n  for.  at  ojitlon 
of  city. 

SPKCIAL,  TAX    HILLS. 

Jl.  S|>fclal  tax  bills — how  made  out.  reff- 
Istered  and  delivered — place  of  pay- 
ment   to   be  d>'Sl);rnated. 

J.'t.  Spe<-lal  tax  bills  to  bo  a  lien  on  prop- 
erty— collected  In  name  of  contractor 
— Interest — city  marshal  to  serve 
notice — action  for  false  returns — suit 
by  attachment  afcalnst  non-resident 
— certified  tax  bill  prima  facie 
evidence  —  defenses  —  city  not  to 
be      liable     on      special      tax      bills — 


SKCTION 

certain  tax  bills  shall  lie  divided 
Into  parts  and  may  be  paid  in  In- 
stallmenls — liiti'rest — effect  (if  non- 
payment of  Interest  or  Installnients 
when  dui — limitation  of  lien  of  spe- 
cial   tax    bills — entry   of   satisfaction. 

iii.  Special  tax  hills  may  be  asslKned  — 
forniallt.v    renuired — payment. 

CONTItACTS  KOll  Pl'BLIC  WORK. 
27.  Assembly  forbidden  to  contract  for 
public  work — U.  P.  I.  to  submit  or- 
dlnano'  for  pro|>osed  work — adver- 
tlsemi-nt  for  bids,  requisites — con- 
tract to  he  let  to  "lowest  responsible 
bidder' — one  liavlniu;  failed  to  carry 
out  prior  contract  with  city  deemed 
not  responsible — bids  may  be  re- 
Je<'t*'d — certilletl  check  to  accompany 
all  bids — sureties  on  contractor's 
bond. 

2S.  Improvement  ordinances  to  contain 
spei'lllc  appropriations--work  may 
be  done  in  parts,  but  ordinance  to 
provide  for  the  whole  and  appro- 
priations shall  be  made  for  each 
part — contract  provisions  —  suspen- 
sion of  work  on  complaint — B.  P.  I. 
tt)    examine   and    report — costs. 

STUICKT  SPHINKLING. 
.I'.i.  Street  s|)rinklinK  authorized  by  ordl- 
nanci — special  tax  bills  therefor  is- 
sueii  in  favor  of  city — contracts 
made  annually  by  B.  P.  1. — sprlnk- 
llnjif  districts — date  of  special  tax 
lien — interest  —  cost  of  sprinklintc 
paid  out  of  city  treasury  and  city 
reimbursed    bv    special    tax    bills. 


S.itii.n  1  St  r<-i-tN  to  !)(' <>st:iblisli(Ml  lots.  «'lf.,  to  conform  to 
«'stiil>Ii>»lH'(l  «.tr«M'ts  map  or  plat  of  i\r\\  hlorks,  lots,  fir.,  to 
Ix-ai'  cert  itU-atf  of  rosptnisiltlt-  siir\  «'>or,  hf  appro\4Ml  \t\  15.  I'. 
I.  anil  iM'tor  itt  t'slaMi^lifil  laiMlinark.  otlu'fwist'  raniiot  \tv  vv- 
4'or«l«'<l  tl«'<ii<Mt ion  of  piiWIic  iis4-  of  str('«>ts,  alh'>s  and  piiltlh- 
pla<'«'s. — Till'  .Miiiiii'ipjil  A.-^sniiMy  >li,ill  liy  nriliii;iiii'i',<  rcii»iimii'iiili'(i  by  llic 
lio.'ii'ii  ol'  I'lililii'  1  lii|il'iiM-iii('iils.  i-slMlilisli<-<I  rriiiii  liiiic  in  tiiiic  siicli  slrccls  :is 
iii;i\  Im'  iifcfssai'y  to  |il-iivi(lr  piilili<-  lli(ii'(Hi;:lir:irfs  lin-  Ii'im'  :iiii1  (•iinvcnicnl 
li"ilt'ii'  iiiiil  rniiiiiiiiniral  ion  ImMwcimi  dilVfi-cni  jiaris  of  tlic  cilx,  and  al'lci' 
siicli  t>sial>lisliniciit.  l>\  <irilinan<-<'.  ami  al'li>r  pnnci'dinfjs  lot-  llic  (i|iciiin^  of 
siirli  sliH'«'ls  have  Ihhmi  i-oiiiuhmiomI.  iiwiiei-s  of  iir(»|KM'ly  dcsiriii};  lo  siil>- 
dividr  inlii  lilorks.  lots,  or  snlilots.  shall  conronii  tlicir  siili-divisions  to  sinli 
i-stalilislii-d  striM'is.  In  all  cases  wlirii  any  lands  williin  the  city  arc  here- 
after siili  di\'ided   or   laid  out    in   lilocks.   lots,   or  snlilots.   the   map  or   plai 


Hieo   or   laid  out    in   lilocks.   lots,   or  snlilots.   the   map  or   plai 
lall  liear  tin-  certiticate  of  a  responsllile  surveyor,  to  tin 


('  etVect    thai 


lliereoi  shall  liear  Ilie  certiticate  ol  a  responsllile  surveyor.  lo  llie  ellecl  llial 
the  sli-eets  thereon  repre.seiited  are  correcll>  shown  and  located,  and  the\ 
shall  Im-  designated  as  sireets.  if  they  have  Imi-ii  or  are  dedii'ated  or  opened 
iu-cordiii;;  to  law.  or  as  [irojio.sed  strct'ts  if  such  opening;  is  incomplete.  Said 
map  or  plat  shall  he  siihmittod  to  the  Itoard  oT  I'liMic  Improvements  for 
its  npproval.     No  such  ma|i  or  plat,  or  det-d  or  instrument  contaiiiin;;  such 


:!,S0  CHARTKR   OF  THK   CITY   OP'   ST.    LOTIS.  |  ART.  VI.  Sec.  1. 

iii;i|i  <ii-  |il;il  slinll  l)c  rccdrdcd  in  the  Kcciirili-r's  (itficc  of  Ilii-  ritv  of  8t. 
Loui.s,  or  lia\('  anv  validity,  until  tlic  ai>i)i-(>\al  of  said  board  is  endorsed 
thereon,  and  all  sncli  maps,  jiials  or  deeds  dixidini;  or  siiti-dividinc;  any 
hiocii.  lot  or  snblot.  sliail  specitically  state  the  initial  ]ioint  of  snrvey.  wiiic'li 
siiall  bear  a  designated  relation  to  some  known  landmark  or  liiiied  States 
snrvey.  and  from  wjiicji  all  measurements  sliall  be  made,  it  shall  be  the 
duty  of  the  Recorder  of  Deeds  to  enfoi-ce  this  section  before  any  pei-son 
shall  be  permitted  to  record  any  such  map.  plat  or  deed.  The  city  shall  not 
be  liable  for  dania-ies  for  the  takiuji  of  any  liuildin^  or  im])r()vemeut 
erected  or  made  on  a  projiosed  street  or  alley  aftei-  the  map  or  i)lat  showing 
same  is  i-ecorded.  'i'he  I5oai-d  of  Public  Improvements  sliall  have  authority 
to  ai)|)i-ove  maps  or  plats  of  subdivisions  which  fully  dedicate  to  pul)lic 
use  streets,  alleys  and  ])ublic  places  and  which  are  made  as  liereinl)efore 
r('i)uire(l. 

.s,M-   imti-   at   end  of  this  section. 

LiniitatioiiN  as  to  heavy  liaulin.i>'  and  Imsiiiess  traflic  — 
coinlitions.  — TIk'  board  shall  also  have  authority  to  a])i)rove  dedications  of 
streets  containinj;  a  limitation  that  heavy  haulin.u;- and  business  tratt'ic  shall 
be  excluded  thei-efi-oni.  in  which  case  the  entire  cost  of  gi-adin^,  inipi-ovin>j. 
niaintaininji.  ie|)aiiinj;.  cleaninsi  and  siuiiiklin.!!  of  such  streets  shall  be 
borne  b.v  and  be  assessable  against  the  ]ii-opei-ty  frontius;  or  boi'(hM-in<; 
Ihereon.  and  the  aii])ro\al  ol'  said  boaid  shall  so  recite;  but  said  boai-d  shall 
lequiie.  in  both  cases  last  above  enumei-ated.  that  all  such  streets  and  al- 
le.vs  be  made  safely  jinssable  before  the  map  or  plat  makinj"-  such  sub 
division  and  dedication  shall  be  apjn-oved.  recorded  or  accejited. 

Privatf  places. — No  map  or  plat  cnibi-.-iciiii;'  a  pi-i\atc  ]>lacc  shall 
be  a]iproved  unless  it  conveys  to  the  cily  the  ri<ihi  to  place.  cotisIi-ucI  and 
maintain  in  such  ]ii-ivate  jdace.  sewers,  sewer  inlels.  water  mains.  «;as 
mains,  undei-firound  c(mdnits  foi-  electric  \\ires.  tire  |)lu,i;s.  lamj)  ]!osls  and 
other  conveniences  foi'  the  ]iublic  service  and  use  of  Ihe  cily. 

Boulevards,  <-oii<litioiis  lor  <lie  estal>lishim>nt. — Tin    Mmiiciiial 
Assend)ly  ma.\.  by  oi-ilinance  recommended  \t\  the  lloai-d  of  I'ublic  Impi-ove- 
ments,  establish  ami  o|ien  boiile\ai-ds.  oi-  chanj>e  existing;'  streets  into  boule- 
vards, and   H.N    llie   width    thereof,  and   the   manner  of   laying   out    ,ind    im 
provinji'  the  same;  and   may   reiiulale  the  ti-alT'ic  thereon,  and   may  exclude 
lieav.v  di-i\inj;  thereon  or  an,\    kind  of  vehicle  therefrom,  and  may  exclude 
ami  ]iiohibit   the  erection  or  esiablishnieiit  or  mainlenance  ol'  any  business 
house,  ol'  the  carrying  on  of  any  business  vocation  on  the  pro]ierty  froiitiiij; 
on  such  boulevard,  and  may  establish  a  buildinji  line  to  which  all  Iniildings, 
fences,  or  other  structures  thereon   sliall   confoiin.      And    niav    provide   for 
gradinn-,   improviug,    constructiiij;,    reconstruct ini;,     maintainiiig.    cleaning, 
sprinkling,  the  ](lantiiig  of  trees,  shrubliei-y   and   other  things  of   ihai    lio 
scription  and  natuie  thei-eoii,  and  the  entire  cost  connected  with  all  of  said 
work  on  such  boulevards  shall  be  levied,  ass(>ssed  and  collected  as  a  special 
lax  on  the  jn-operty  fronting  or  bonh'iiiig  on  such  boulevard   in   Ihe  iirojioi- 
lion  thai   the  linear  feet  of  each  lot  fronting  or  iKudering  on  the  boulevard 
beai-s  to  the  total  number  of  linear  feet  of  all  jiroperty  fronting  or  boi-der 
ing  on    the   same,   and    the  work   of   mainlaiiiiiig,   rei)airing.   cleaning   and 
spritikliug  may  be  coiilraded   for  annually,  or  foi-  a  term  of  yeai-s  not  ex 
ceeding  ten,  liv    Ihe  iioard  of  I'ublic   lni))rovemenls  of  the  city  at   such  time, 
and  uiidei-  such  tei-ms  and  conditions  as  shall  be  provided  by  ordinance,  lo 
1m'  recommended  by  said  lioard.  and  special  tax  bills  for  all  work  shall  lie 
made  out   in   the  name  of  the  contractor  ami  delivered  to  him.  and  his  re 
ceipt  taken  for  all  claims  against   the  city  in  the  same  manner  as  |irovi(h>d 


aI;t.  \l.  S.-1-.  11  cilAUTKi:  ck  thi;  iii'\    oi'  si     i.oi  is.  3gl 

l)V  this  ("hiirlcr  for  ollici-  s|n'ii;il  tax  liills.  Utv  iluiiij;  |iiil>lic  wofk  :  proridril. 
I  hill  the  special  tax  liills  lor  inaiiilaiiiiii>;.  n-|iairi[i^.  cleaning  and  spriiik- 
liii-,'  shall  Ik'  h'viod  and  asscssfd  annually.  All  such  special  tax  liills  shall 
Im-  iirimn  fucif  cvidcnci'  of  the  lialiilitv  of  the  proixM-tv  char};i'd  therewith 
Id  the  extent  and  aiuoiint  therein  specitie<l.  The  .Municipal  Asseiiilily  shall 
Mill  ;;ranl  an.v  franchise  Ini-  ihe  dccnpancv  m-  use  nf  such  lionlevard  oi'  an.v 
pail  lliei-cor.  excepi  willi  I  he  lonseiil.  in  \\^ilill^^  iil'  Ihe  owners  of  Iwo- 
lliiids  in  ri-oiilaj;e  of  liie  |iroperl\  troiiliiij:  or  liordei-in;;  Iheceon;  pro\  ided. 
however.  Ihal  for  Ihe  eslalilisliiiielil  and  upenin-;  of  such  lionlevards,  Ihe 
procedure  sei  oul  in  this  ai'tiele  in  reference  to  openin<i:  streets  shall  In,' 
pursued,  except  that  Ihe  lieiietil  district  lo  lie  eslahlished  liy  Ihe  ciiiiiinis- 
sioners  shall  he  liiiiilcd  In  I  he  properi\  front  inj;  or  iKU'deriiiu  on  such 
lionlevard.  and  except  that  adei{nale  compensation  shall  lie  allowed  the 
owners  of  projierlv  fronlilif;  <>r  liorderiiii;  tiiereoii,  for  daiiiafies  occasioned 
liN  the  estalilishnieiil  of  a  liiiildin^  line  on  such  lionlevard.  and  liy  liiiiitin^r 
llie  use  to  which  such  property  nia\    lie  put   liy  tiie  owners  thereof. 

.S.-f     IHit*'     lU'tOW. 

Discoiil  iiiiiiiiK-r  of   lioiilrv  iirds 'I'lic  .Munici|iai  Assi-mldy  may  at 

;iu\  time  repeal  an_\  ordinance  eslalilisiiiiiL;  or  openiuit  a  lionlevard.  <ir 
clianuin^  an  exisliuf;  str(H'l  into  a  liou!e\ai'd.  anil  Iherenpoii  sin-li  lioule- 
\ard  shall  lie  and  Itecoine  a  sIriH'l  in  all  res]iects  like  oilier  streets  of  the 
ciiy  and  the  pi-operly  aliuttin<;  thereon  shall  he  relieved  from  Ihe  restric- 
tions imposed  liy  sucli  lU'dinauce;  jiroriilrd.  Iinu'cvcr.  that  sucli  an  ordi- 
nance shall  not  ho  re)ieal(Ml  without  the  conscMit  in  writinjj  of  Ihe  owners  of 
at  least  Iwo  thirds  in  fronta<ie  of  all  Ihe  |iropert.\  frotilin^  on  such  lioule 
\ard.  nor  unless  such  repeal  shall  lie  recommended  li\  the  Hoard  of  I'nldii' 
I  ni|iro\emenls :  and.  |irovided  further,  that  the  procedure  jirovided  in  this 
article  for  the  esialilishiiii;  and  o|ieninj;  of  lioulevarils  shall  he  jiursued 
for  Ihe  ascertainment  and  paymeni  of  daina'ies  and  heiietils  resniliny:  from 
such  reiM'ai;  except  that  no  coiupensatiou  shall  he  allowed  or  jiaid  to  any 
person  I  ousetitinj:  to  the  ri-|ieal  of  such  an  ordinance. 

olliiT  I'hurtrr  rravinliiuM  mi  .sii-i-«t  i>|)<nliifr.f  .sec  .\vl.  III.  .sn-.  26.  I'lause  2;  oon- 
ili'ninlnK  for  otlitT  purp08<*s:     Art.   VI.  sco.   12;   Art.   VII.  at-r.   4. 

(Irdlnnnfr  pnivlMlouM  on  street  openlngfa.  vie.  and  si*\v»t  coniU-ninatioiis:  Ufv. 
Ciiilf.   <"liiip.    IL'.    .\rt.    1,    .sees.    S76    to    SS.1    Ineluslv.-. 

ThiM  Chnrlrr  pntvlNliin  in  an  aiiii'iuliiifnt  Hilnpteil  at  the  eli-clton.  Oct.  22.  Hull, 
liliil'-r    itr-illTKtni-i-    2i>  I  1  t. 

Till-  l"i>»\iT  iif  Kiiilui-ni  lioiiir.ln  nui»t  lie  exercised  strictly  In  accordance  w-lth 
tile  oiKioiii'  piiivlKioii.t.  anil  cmt.v  Jurisdictional  fact  must  appear  affirmatively 
upon  til*'  face  of  the  record:     See  authorities  cited  in  note  to  see.  2  of  this  article 

The  nntnrr  of  Ihr  pnieerillniE  to  open  or  widen  a  street  and  the  effect  thereof 
was  discuss. a  In  Kyssell  vs.  .St.  IjmiIs.  IfiS  Mo.  807.  and  recently  in  the  case  of 
lirlnekwlrth  vs.  St.  I."iuis  (decided  by  the  Supreme  Court  May  29.  1907.  and  not 
as  yet  ri'iiortedi  wlilcii  expressly  overriiletl  the  said  Kysseli  ca.se.  See  also  Infra 
note  to  see.   2.'.  of  Art.   VI. 

The  proi'eedInK  when  consiiininated  is  a  Judfcment.  having  the  same  incidents 
as  oihi'r  JiKlKments:  hence  II  was  at  tlrst  held  that  the  heneflts  assessed  a>;ainst 
the  property,  evidenced  by  tax  hills,  may  he  recover<-tl  at  any  time  within  ten 
years,  and  no  matters  are  reviewable  which  have  not  been  preserved  by  excen- 
tlon.s.  and  no  new  defenses  can  be  made  aKainst  the  collection  of  the  tax  hills 
that  were  avaliablt*  in  the  tlrst  proceedinic:  but  that  rullnf?  was  overruled 
In  part,  and  It  Is  now  lield  that  suit  can  only  be  broiiKht  on  a  special  tax  hill 
duly  Issued  In  accordance  wlili  tli.-  li-kriil  renulr.iii.ni^  .■>•.■  authorities  cited  In 
note  tn  sec.   2  of  this  artlcl' 

Rlrmtlanii  of  allryii  anil  airreiia — <  li>  l)lreeirl\.  i  me  i  ihe  charter  prior  to 
amendments  of  I!mm  it  was  liehl  that  sec.  1  nf  this  article  did  not  r«*i|titre  the 
•  b'vadioi    •■<    iin    „/^i    t..    1...    ii^.ii    i.v    th.      .ss,.i>ibly,    but     that    the   street    commis- 


382  ('HARTHR   (>F  THK   CITV   OF   ST.    I.OinS.  [  ART.  VI.  Sec.  1. 

sion*-!*  could  do  that  as  a  mini.st**rial  mattor:  Weber  vs.  Johnson.  37  Mo.  App. 
CtH.      See    the    ]) resent    provision    in    sec.    17    of   this   article   as    well   as    this   section. 

In  St.  Louis  elevations  are  determined  by  a  point  called  the  city  directrix.  See 
interesting  discussion  as  to  origin  and  location  in  note  in  McQuillin's   (unofficial) 

"Work   "Amend.   (^hart<-r,"   p.    ^o:;   and   in   Mun.   fofl.-,   ]^,    I'^l 

Il4»t«  I'lir  <i|i«*uluK  iiiifl  iiii|ir(»veiiiciit  iif  .Htt'e«-tM  Ik  .U'KiNl;ili\  e  :inil  h(>^\  far  iiiin- 
iNti>riiil.  The  city  acts  in  two  capacities:  first,  governmental:  second,  ministerial. 
Whfii  it  dechires  by  ordinance  that  land  embraced  within  certain  lines  is  a 
public  street,  then,  wljen  the  city  obtains  tlie  title  or  easement  either  by  gift 
or  condemnation,  it  becomes  a  public  street.  But  it  is  not  then  necessarily 
opened  t(>  the  public  for  use.  If  after  that  an  ordinance  provides  for  the  im- 
provement of  the  street  so  as  to  render  it  fit  for  use.  even  then  it  is  not.  by 
tlie  mere  passing  of  the  ordinance,  opened  for  use.  So  far  the  city  acts  in  its 
governmental  and  legislative  capacity.  The  whole  street  need  not  be  in- 
cluded in  the  improvement,  but  so  much  and  such  parts  as  the  legislative  body 
in  its  discretion  tiiinks  proper.  Nor  is  the  city  liable  to  an  individual  for  neglect 
of  duty  in  such  cai)acity.  But.  after  the  improvement  ordinance  is  passed, 
the  city  undertakes  the  work  of  construction  as  in  the  ordinance  required,  its 
acts  are  ministerial  and  for  neglect  in  the  same,  or  keeping  the  same  thereafter 
in  repair,  the  city  is  liable:  Kly  vs.  St.  Louis.  181  Mo.  723;  .Ruppenthal  vs. 
St.    Louis.    190    Mo.    21.1.    See    also    Hannibal    vs.    Campbell.    S6    Fed.    (C.    C.    A.)    297, 

In  how  far  the  municipal  assembly  is  subject  to  review  for  fraud  in  the 
passage  <if  an  ordinance  establishing  a  street  see  Kansas  f^ity  \s.  F^.vde,  196  Mo. 
49S,   and    other  cases  cited    in   introduitnry   note   to   Art.    III.   st'c.    2»>. 

W'lint    In   :i    Ntreef,   liicrli^vaiy  ur  Niilewailk,  :iii4l    wlmt    iiieliiileil:      A    street,    in   the 

legal  acceptati'>n.  inchuU-s  the  portion  pro\  ided  for  passage  of  vehicles,  and  also 
tht-  sidewalk  provided  foi-  j^edestrians;  Si'ibe-rt  vs.  Riiilroiid.  1 SS  Mo.  ^^'^~ .  671 ; 
Straub    v.«.    St.     Louis.    17.'.    Mo.    41;;:    Knapp.    Stout    &:    Co.    v.«.    Ky..    126    Mo.    2fi.    3r». 

But  it  is  sometimi's  used  in  a  mor*-  restricted  sense  so  as  to  include  only  the 
roadway:    Knapp.   Stout    vs.   Ry..   126  Mo.   26.  2^^. 

Where  the  entire  space  from  curb  to  lot  line  is  set  aside  for  a  sidewalk,  that 
portion  thereof  set  apart  for  a  grass-plot  constitutes  part  of  the  sidewalk  which 
the  iit\'    must   keep  in   safe  condition:      Coffey*   vs.   Carthage.   L^n   Mo.    ri73. 

The  word  "street"  usually  means  a  public  street,  not  jirivate  ways  though  the 
public  be  permitted  to  use  the  sRme:  Collier  Est.  vs.  Paving  Co.,  ISO  Mo.  362.  3K8. 
See   also    Restetsky    vs.    Rnilroad.    106   Mo.    App.    3S2,    3SS.      See   also    l^ev.    Code.    sec. 

isnr,. 

A  municipal  free  bridge  across  the  Mississippi  River  fnun  St.  Louis  to  the 
Illinois  side  is  as  much  a  highway  as  any  other  liighway,  and  is  for  a  muni- 
cipal purpose;  and  it  seenis  that"  congress  may  grant  power  to  the  city,  and 
has  done  so.  to  condemn  property"  therefor  situated  in  the  other  State:  Haeussler 
vs.    St.    Louis,    decided    .Tuly    2.    1907    (Sup.    Ct,    Mo.    in    l)anc.    not    as    yet    reported). 

l>iNtineti«ii  between  NtreetN  iinil  sille^N:  1  >i'ies  \s.  St.  .Inseph.  98  Mo.  App.  fill: 
Corby  vs.  Railroad.  150  Mo.  4  57.  46S  (pointing  out  the  functions  of  alleys) ; 
St.  Louis  vs.  Lane.  110  Mo.  1.  c.  2n.S  (pointing  out  the  reason  of  the  difference 
in  benefit  districts  although  the  specific  pi-ovision  in  ilu-  i-harter  as  there  con- 
strued   has  been   amended). 

I'rtiperty  o*vuerM   nliuttluK  ou   ii   Mtreet    have    in   addition    to    the    general    use   of 

tlie  street  common  to  the  public,  certain  special  rights  peculiar  to  themselves, 
amongst    which    is   the    riglit   of   ingress   and    egr<^'ss. 

This  gives  them  a  special  right,  not  shared  by  the  public,  when  such  ingress 
and  egress  is  interfered  witb  to  damages  or  other  redress:  See  cases  in  note 
to  what  uses  a  street  may  be  used  for.  Art.  Ill,  sec.  26.  clause  2:  also  ca.^ses  cited 
under  same  note  on  "vacating  streets":  and  see  note  to  "nuisances"  in  Rev. 
Code,  Chaj).  II.  Art.  12  (preceding  sec.  584).  See  further  Downing  vs.  Corcoran. 
112  Mo.  App.  645.  649:  l)e  Geofray  vs.  Merch.  Bridge.  179  Mo.  698;  Ruckert  vs. 
C.rand  Ave.  Ry..  163  Mo.  1.  c.  278:  Dries  vs.  St.  Joseph.  9S  Mo.  App.  611.  614; 
Corby  vs.  Railroad.  150  Mo.  457;  Sch«pp  vs.  St.  l^uis.  117  Mo.  131;  Stephenson 
vs.  Ry..  68  Mo.  App.   642:  Thomas  vs.    Hunt.  134  Mo.  I.  c.   398. 

o^\  iit-rMliip  of  fee:  Wlien  lots  abutting  on  a  highway  or  platted  street  are  sold, 
the    purchaser    takes   title    to    the   centre   of    the    street,    if    the    grantor   owned    that 


AHT    VI.  See.  1.)  CHARTKR    OK   TIIK   CITV    OF    ST     1X)ITIS.  383 

far.  uiilo»x  a  rotitraiy  inltntlun  apiuarx  from  tin-  lU'i'il:  Ki'Ht>'t8ky  vs.  Rallroiid, 
1116  Mo.  App.  3K2.  3S7:  Oraiit  vm.  Monn.  1 2S  Mo.  ^:^;  Snoilily  va.  Bolan,  i2Z  Mo. 
47!)   (a   It'udInK  raai-  in  tlil.o  Stiiti). 

In  MlKMuuri  tin-  almttinK  ownvr  prv.siiinptlvi'ly  own.s  the  fi'i'  to  the  t'entrc  of  the 
Htrt-t't.  .Hiiliject  only  to  thf  t-asiMiicnt  of  thf  pviblic:  for  all  othor  purpoaoH,  not  !n- 
conaKsti-nt  tln'r»'wltli  tlif  owniT  luia  tin-  full  rlKht.t:  I'n.  Kl.  Co.  vs.  Ry..  13.")  Mo. 
3S3.  3B6.  Thomus  vs.  Hunt.  134  Mo.  392.  399.  401.  Sn(Ml<ly  vs.  Bolun.  122  Mo.  483, 
4SS.    Gordon   vs.   Peltju-r.  S6  Mo.   App.   o!>9   1.  <•.   fin4. 

A  valid  statutory  dediration  hy  plat.  iti'..  operates  to  vest  the  fee  in  tlie  city 
for  publii'  purposes  and  dispenses  with  the  net-essily  of  an  aecei>tnni'e  by  the 
pul»lic.  ami  the  dedieator  «'annot  thereafter  rhanRe  the  houn^laries.  etc.  Rrown 
va.  CarthuKe.  12S  Mo.  10.  1.  e.  17  and  <'ases  eited  (lioldlnK  tiuit  it  made  no  differ- 
ence that  there  was  n  reservation  of  "trees  and  rocks"  on   the  surface). 

But  such  fee  In  the  city  la  only  for  public  purposes,  and  it  is  not  meant  by 
the  statute  to  vest  in  the  city  a  rif^lit  to  dispose  of  It  by  deed,  but  only  the  con- 
trol of  the  street,  for  the  use  iif  the  public:  subject  to  the  public  easement  the 
i.wner  a<IJolninK  owns  to  the  centre  of  the  street  or  alley;  Union  Kiev.  Co.  vs. 
Hv  .    l.T.I   Mn.   :!.=in.   3GB  I'lnd   cas.s  cit.'d:    Thomas  vs.    Hunt.   134   Mo.   392.   402-403. 

Hon  lllKhnnyM  Mn>  lie  Kiilnbll>liril:  A  public  highway  may  be  acquired  over 
property  of  a  private  Individual  by.  first  a  Brant  or  ileed ;  srcuHd,  a  dedication  by 
plat  or  deed:  third,  by  acts  m  pais  which  amount  In  law  to  a  dedication:  Rail- 
way  vs.    Railway.   190  Mo.  246.  253  and  cases  cited. 

Kor  establlsiiment  of  hijjhwa.v  by  condemnation,  see  note  to  not  section  of  this 
nrtlole. 

.\  street  railway  may.  by  its  acts  m  pats,  dedicate  f»ir  street  purposes  a  private 
rlKht  of  way  over  which  It  is  operating,  and  the  city's  a»*ceptance  may  be  estab- 
lished by  its  acts,  and  thereafter  It  may  authorize  another  street  railway  company 
to  operate  thereover:      Railway  vs.   Railway.   190  Mo.   246. 

ConiBion  l.aiv  Dedication  Is  effected  where  the  owner  has  done  an  act  which 
clearly  indicates  his  intention  to  dedicate  the  street,  and  the  city  does  an  act 
clearly  Indicating  its  purpose  t«t  accept:  in  such  case  it  is  not  necessary  to  show 
iiaer.  and  limitation  has  nothing  to  do  with  the  city's  title:  McGrath  vs.  Nevada, 
ISS  Mo.    102. 

Th»"re  <*an  be  no  d«'dication  wilhoiil  an  intention  so  to  do:  permissive  use  to  the 
public  by  the  owner,  by  permission  to  drive  or  walk  over  the  private  way  consti- 
tutes no  dedication,  no  matter  how  lonR  continued:  Collier  ICst.  vs.  Pavins  Co., 
ISO   Mo.   362.   388. 

Hut  where  an  owner  liolda  out  land  as  a  street  and  sells  lots  according  to  the 
plat  he  Is  estoppi-d  from  denying  that  it  is  as  hi-  held  out:  McGinnis  vs.  St. 
l.,ouls.  1.17  Mo.  191.  and  cases  cited;  see  also  lx>ncworth  vs.  Sederlc.  165  Mo.  221. 
230 

iirdli'iiiloti  li.\  rial,  ell..:  Mere  purported  dedication  to  public  use  does  not  make 
a  publii-  street;  there  must  be  an  acceptance  in  some  manner  by  the  city,  such  as 
IMibllc  user  for  that  purpose,  though  a  formal  acceptance  is  not  necessary.  Until 
puttlic.  and  the  dedicator  cannot  th«-reafter  change  the  boundaries,  etc.:  Brown 
su»-h  acceptance  tliere  is  no  street.  Skrainka  vs.  t>ertel.  14  Mo.  App.  474.  480;  St. 
Uoiils  vs.  University.  S8  Mo.  ID5,  158  (holding  that  there  could  be  no  acceptance  of 
a  dedication  for  a  street  outside  the  city  limits);  Milling  Co.  vs.  Riley.  133  Mo. 
I.  c.  584. 

Mer*'  user  by  the  public  will  not  establish  a  street;  and  an  approval  of  a  plat, 
by  the  municipal  authorities,  of  a  proposed  addition,  tiled  in  conformity  with  the 
statute,  only  goes  to  show  that  the  same  conforms  to  the  general  plan  of  the  city, 
and  la  not  an  acceptance  by  the  city  of  the  proposed  dedicated  land  as  a  street; 
Downond  va.  Kansas  City.  156  Mo.  60,  67.  (For  ordinance  on  how  plats  of  sub- 
divisions to  be  submitted  to  B.  P.  I.  see  this  section  and  also  R.  C.  Sec.  1917.)  But 
whether  acceptance  need  be  shown  In  case  of  statutory  dedlratlon  or  street  by 
prescription,  see  Melners  va.  St.  Ix>ula,  130  Mo.  274,  and  cases  there  cited.  And 
an  acceptance  by  the  city  may  be  Implied  from  any  act  tending  to  recognize  It, 
though  there  be  no  ordinance  of  acceptanci-;  Buschmann  vs.  St.  Ixiuis,  121  Mo. 
523;  Helt»  va.  St.  Loula.  110  Mo.  «J8:  Milling  Co.  vs.  Riley.  133  Mo.  I.  c.  585; 
Melners  va.  St.  L,oula,  130  Mo.  274. 


3S4  CHAiiTKU  <>i-    rid-:  riTv  of  st.   r.oi^is.  f  art.  vi,  see.  i. 

As  to  what  constitutt's  ji  statutory  dedication,  see  Brown  vs.  Carthage,  128  Mo. 
10  (containing  reservation):  Buschmann  vs.  St.  Louis,  121  Mo.  r»2.t  and  cases  cited. 
Heitz  vs.  St.  Louis.  110  Mo.  61S:  Milling  Co.  vs.  Reiley.  133  Mo.  574  (holding  also 
that  no  one  but  the  owner  can  make  either  statutory  or  common  law  dedication). 

Conveyance  does  not  affect  one  not  joining  who  holds  a  deed  of  trust  on  _the 
land:    McShane  vs.  Moberly.   79  Mo.   41. 

A  defective  statutory  dedication  by  acceptance  and  user  may  become  a  good 
common  law  dedication:  Heitz  vs.  St.  Louis,  supra,  and  cases  therein  cited;  Milling 
Co.   vs.   Reiley   supra;   Longwortli    vs.   Sedevic.   1fir»  Mo.    221.   'I'M). 

As  to  whether  the  fee  goes  in  the  city  or  rt-niains  in  tht-  owtwr  of  abutting 
property,  see    s/ifiya    this  note. 

Title   in   the   city   may  be  acquired   by    prescription,   without   dedication,   by    long 

use   and   acquiescence   by  the   ()wner:      See   Meincrs   vs.   St.    Louis.    130  Mo.   1.   c.    284; 

State  vs.  Walters.  69  Mo.  463:  State  vs.  Proctor.  itO  Mo.  334;  Baumann  vs.  Boeckler, 
119  Mo.    189. 

Common  law  d«'dicati<in  givi'S  the  city  the  right  not  only  to  pass  over  the  ser- 
vient land,  but  to  enter  and  prepare  it  and  keep  in  suitable  condition  for  par- 
ticular  use   to   which   dedicat^^d:      C.ambli-   vs.    Pettijohn.   116   Mo.   37r.. 

'I*ltle  to  piihlte  |»r»|*t*rly  iiol  l«».s(  by  iiilitTNe  |>«>MN«'.MNl4»n.^Sinc<^'  the  statute  of 
1865  (Rev.  St.  !s;t|l.  Sec.  42701  no  pi-rson  can  acquin-  titb-  b>-  adverse  possession  to 
any  part  of  a  public  street:  St.  Louis  vs.  R.v.  114  Mo.  I'.i.  24;  Columbia  vs.  Bright, 
179  Mo.  441:  Wright  vs.  Donovan.  1G9  Mo.  601  (where  the  land  had  been  taxed  to 
such   claimant  a.gainst   the  city*:    State  ex    rel.   vs.   Vandalia.   119  Mo.    App.    406.    423. 

But    prior  to    that   tiun-   it   was  otherwise:     Crigler  vs.   Mexico.   101    Mo.   App.    624. 

And  tlu^  city  may  Mciuii-e  titb'  bv  adverse  i)ossession:  Mitchell  vs.  Railroad.  116 
Mo.  81.  8S  (alley):  Baumann  vs.  Boeckh-r.  119  Mo.  1S9:  Stat. -'vs.  Walters.  69  Mn. 
463;    Longvvorth    vs.   Sed^-vic.   lll.'i   Mo.    221.   2:iO-231. 

<'ondl4i(»iial  Convej  iiiiee**  ti>  riihlU-  I  mv. —  H.  \\  1.  has  authority  to  npi)rove  maps 
or  plats  of  subtli \isioii.s    'u'liii-ii  /////v    ib-dica ti-'*   streets,   etc, 

A  valid  statutory  dedication  by  plat.  cte..  vests  tin-  fee  in  tlie  city,  notwith- 
standing a  reservation  of  "tiees  and  rocks"  on  the  surface,  etc.:  Prown  vs.  <?ar- 
thage.    128  Mo.    10,    IT. 

A  dedication  on  condition  ))reced4-nt  tan  not  take  effect  until  the  condition  ha.'* 
been  complied  with,  and  if  that  is  not  done  the  land  may  be  treated  as  unaffected 
thereby:  St.  Louis  vs.  Meier,  77  Mo.  13  (upholding  its  condemnation  as  in  other 
cases);  Creamer  vs.  McCune-7  Mf>.  App.  91;  Kemper  vs.  Collins.  97  Mo.  644;  Clark 
vs.   Brookfield.   SI    Mo.   5(t3;   St.  Louis  vs.  Cruikshank.   16  Mo.  App.   495. 

A  provision  in  a  dedication  that  the  property  on  streets  to  be  opened  shall  not 
be  subject  to  special  taxation.  Is  void;  the  city,  cannot  make  any  such  agreement 
Vrana    vs.    St.    Louis.    164    Mo.    M6. 

Where  persons  convey  land  to  a  munic-ipality  by  ordinary  deed  for  a  pecuniarj' 
consideration  without  reservati(»n  of  the  use  to  which  it  is  to  be  put.  they  will  not 
be  heard  to  contend  that  the  property  was  intended  to  be  used  only  for  street 
purposes:      Pickett   vs.  Mercer.    106  Mo.   App.   689. 

Win-re  an  easement  is  created  the  title  remains  in  the  grantor  and  is  freed 
from  the  easement  on  its  abandonment,  and  if  the  title  is  ronveyed  on  condition. 
reverts  when  the  condition  fails;  but  land  dedi<'ated  to  a  particular  use  without 
reservation  of  right  of  re-entr.v  on  the  diversion  or  abandonment  of  the  use.  may 
be  used  for  any  other  purpose  without  re-investing  the  grantor's  title;  relief  to 
compel  the  execution  of  the  trust  should  be  sought:  Hand  vs.  St.  Louis,  15S  Mo. 
204.   <-iting  and   (Uslinguishing   n  u  me  reus  city   cases. 

Proprietors  dedicating  land  to  i>ublic  use  remain  for  all  other  purposes  the 
owners,  and  the  city  cannot  divert  the  property  to  a  private  use  in  violation  of 
the  trust:     Cummings  vs.  St.   I-ouis.  90  Mo.   259. 

Nor   whi'n   dedicated   for  om^   public  use   can    it   be   diverted   to  another:      Belcher 
Co.    vs.    St.    L.   C   Co.    S2    Mi>.    121:s.  <\    PM    M...    190. 


*RT.  Vl.Sec.  2.1  CHARTKFt    Ol'"   TIIK   CITY    OK    ST     l.Ol'IS.  ;(H5 

iMnd  oonve.Vfd  to  be  used  us  n  inarkul  plneo  and  so  Iouk  as  sd  used,  and  whTt 
It  ceased  to  be  so  used  to  revert  to  donor,  the  donee  (city)  to  reoonvey.  Is  held  l«y 
the  city  not  as  determinable  fee,  but  on  condition  subsetiuent.  iind  thoutrh  con- 
illtlon  broken,  estate  Is  not  defeated  before  entry  by  donor:  .\duni.s  vs.  L,lndell. 
72  Mo.  19S.  afllrmlns  s.  c.  S  Mo.  App.  197.  But  where  the  covenant  Is  that  th« 
land  shall  revert  and  grantee  roconvey  when  the  city  ceases  to  use  same  for 
market,  an  abandonment  Klves  a  right  of  re-entry,  the  grantor  ntalnlng  the  fe«; 
Maker  v.s.  St.   IajuIs.  75  Mo.  671.  affirming  s.  c.  7  Mo.  App.  42'.'. 

A  dedication  on  condition  that  adjacent  owners  likewise  dedicate  is  not  con- 
summated until  such  condition  Is  compiled  with:  St.  I,onls  vs.  Meier.  f7  Mo.  i:!. 
18-19. 

lioule\iirtlNi  .\n  ordinance  provltling  that  all  houses  fronting  on  a  certain  stri-et 
shall  be  usetl  for  residences  only,  and  no  business  av<>4-atlon  shall  be  allitwrd 
therein,  is  void  as  an  Invasion  of  personal  rights;  St.  l.,ouls  vs.  l>orr.  145  Mo. 
■166.  472.  4S5;  and  an  act  of  the  legislature  providing  for  establishing  a  building 
line  by  the  city  to  which  all  buildings  must  conf<irm.  without  providing  for  com- 
pensation, Is  unconstitutional:      St.   I>ouls  vs.    Hill,    ill!  Mo.    527. 

A  distinction  Is  made  under  the  charter  In  the  method  of  paying  for  repairing, 
<*tc..   between    streets  and    boulevards,   etc.:      See   Sec.    IS   of   this  artlcbv 


(■(lMl|;.\l  NA  Tlll.V      n;(H   KKIil.VlJS, 

Soc.  ■_',     Form  of  IVtitum — CoiiiniissioiuM's  to  assess  daniavrcs 

— partU's    <l«-r*>n<lant WlniirviT    ihr    As.>;iiiit)ly    sh.-ill    pruvidr,    hy    (ir 

iliiiainf.  lor  cshililisliiii-i.  ii|ifiiiiio;.  \\  idfiiiiif;  or  allcriiij;  iiii.\  strci't.  incline. 
allt'\.  whjirl'.  iiiarkcl  |il:irc  or  |ml)lic  stinarc.  or  loiilc  lor  a  stnvcr.  waltT 
roiirsf  or  water  pipe,  or  lor  other  piiiilic  ilii|iroveiiielils.  on  recoiiiiiieiulatioii 
ol  tlie  Hoard  ol'  I'lihlic  1  iiiproveiiieiits.  and  it  lu'coiiies  necessary  lor  tluil 
purpose  to  a]ipro|)riate  jirivate  property,  the  City  Comiselor,  in  the  name 
ol  ihe  City  of  St.  Louis,  sliall  apjdy  to  tiie  Circnit  Coiirl  of  tlie  I^i<;htli  Jii 
dieial  ('irciiii,  oi-  lo  any  one  of  tlie  jiidoes  in  \:i(ati(iii.  Ii\  petition  seltine; 
lorlli  the  oeiieial  nature  of  liie  iinproveinelit  inoposed  lo  lie  made,  tlie 
names  of  the  owners  of  the  several  lots  or  jiarcels  of  land,  if  Uiiowii.  or  it 
unknown,  a  correei  des<riiil  ion  ol  the  parrels  whose  owners  are  unknown, 
and  prayin;;  the  ap|iointineiit  of  three  disinterested  coniinissioners.  frtH- 
holders  of  property  in  saiti  city,  to  assess  tlie  damages  which  said  owners 
may  .severally  sustain  hy  reason  of  the  appropriation  and  condemnation  of 
such  real  estate  hy  the  city,  for  any  t>f  the  piiritoses  aforesaid,  to  which 
petition  the  owners  nf  such  lots  t>r  ]iarcels  of  land  emiiraced  in  Ihe  |iropose<l 
improvement  sli.ill  he  made  jiarties  defendant  liy  name,  if  the  names  are 
known,  and  hy  description  of  the  land  of  unknown  owners.  If  the  pro 
ceedin;js  seek  lo  alVect  the  lands  of  iiersons  under  <riiardiansliip.  ihe  onai- 
dians  mnsl  1m'  made  parties  defendant;  if  the  lands  of  married  wonifii.  their 
husliands  must  lie  made  parties  defiMidant,  If  the  ]iossessor  of  land  lo  he 
all'ecied  has  an  estate  less  than  a  fet^.  the  jierson  liavinji  Ihe  ne.xl  vested  es 
tale  in  rem.-iinder  or  reversion  must,  if  known,  lie  made  a  jiarly  defendanl. 
It  shall  not  lie  necessary  to  make  any  persons  ]iarlies  defendant  in  respect 
to  their  ownership,  unless  ihey  are  in  acliial  possession  of  Ihe  premises  lo 
he  alfected.  or  have  a  title  to  the  premises  aiipeariii}i  of  record  upon  the 
pro|»or  records  of  the  I'ity. 

ThU  In  nil   iMiiriiiliiK-iii   .idopted  at  thi-  charter  election  of  October  22.  1901. 
<  <>n<l<-iiiiinfl<iii  for  water  works  purposes:  see  Charter  Art     VH.  Sec.   1. 
iirdlnnnera  on    street   and    siwer  condemnations   and    street    openlntcR.   see   R^v. 

rode.    Sirs     S7S-883. 

Whnt  nrc  iilrrri  parpunrpi,  such  as  BUthorlxo  an  ordinance  of  condemnation,  tfc 
Kansas  c'itv  vs  Hvdc.  1  •>«  Mo  (98  and  other  cases  cited  In  note  lo  Art  III.  Sec,  26. 
paragraph    .' 


,386  CHARTER   OF  THE   CITY    OF   ST.    LOUIS.  [ART.  VI,  Sec.  2. 

Riglit  to  Cuiiflfiiin. — "The  Charter  provisions  of  St.  Louis  and  Kansas  City  as  to 
condemnation  proceedings  liave  been  so  often  before  this  court,  and  have  never 
been  held  to  be  out  of  harmony  with  the  constitution  and  laws,  that  a  declaration 
at  this  late  date  that  said  cities  were  without  such  a  power,  and  that  these  charter 

provisions    were   ultra    vires,   would    invite     a     flood     of     litigation We 

think  it  was  properly  ruled  that  the  special  charter  superseded  the  general  stat- 
utes where  the  two  conflicted  as  to  a  mere  municipal  regulation,  and  "we  holfl 
that  condemnation  proceedings  to  acquire  lands  for  streets,  parks,  waterworks, 
sewers  and  the  like,  clearly  fall  within  municipal  regulations.  It  follows  that 
notwithstanding  the  ch.arler  did  not  follow  the  civil  practice  as  prescribed  in  the 
code  of  practice  .  .  .  the  special  provisions  must  control:"  Kansas  City 
vs.  Oil  Co.,  140  Mo.  1.  c.  472. 

The  City  of  St.  Louis  had  the  right  to  provide,  under  the  laws  passed  by  Con- 
gress, by  this  State,  by  the  Charter,  and  by  its  own  ordinances  for  the  free  bridge 
across  the  Mississippi  river  from  St.  Louis  to  the  Illinois  side,  and  it  seems  it  has 
the  right  to  condemn  property  therefor,  not  only  in  the  city,  but  in  the  State  of 
Illinois,  without  the  consent  of  the  latter:  Graves,  J.,  in  Haeussler  vs.  St.  Louis, 
(July  2.  1907,  not  yet  reported,  following  Luxton  vs.  North  River  Bridge  Co.,  153 
U.  S.  525).  Judge  Lamm  concurring  in  this  proposition,  Gantt  expressing  no  opin- 
ion. Burgess  not  sitting,  Valliant  and  Fox  dissenting. 

The  framers  of  the  Scheme  and  Charter  had  power  to  confer  jurisdiction  in  street 
opening  proceedings  upon  the  Circuit  Court:  St.  Louis  vs.  Greeley,  14  Mo.  App. 
578  (memo,  opin.)  St.  Louis  vs.  Gleason,  15  Mo.  App.  25  (reversed  on  another  point, 
but  approved  in  tliis:  93  Mo.  33;  s.  c.  S9  Mo.  67).  See  also  St.  Louis  vs.  Ranken. 
96  Mo.  I.  c.   504. 

Street  openings  bejsriin  under  the  old  Charter  after  Nov.  22.  1876,  and  before  March 
5,  1877.  when  it  became  known  that  the  new  Scheme  had  been  adopted,  were 
valid  under  the  de  facio  principle:  St.  Louis  vs.  Stoddard,  15  Mo.  App.  173;  Adams 
vs.  Lindell.  72  Mo.   198.    See  on  this  point  introductory   note  to  Art.   III.  sec.   26. 

Ill  i»r<ieeediiiji'K  of  eniiiieiit  doiiiniii  in  th«'  opruiuu'  f»f  .**treet.s,  every  material  re- 
quirement of  the  law  authorizing  such  proceeding  must  be  strictly  complied 
with;  and  unless  it  affirmatively  appear  upon  the  face  of  the  proceedings  that 
every  essential  prerequisite  of  the  law  conferring  the  authority  has  been  complied 
with,  such  proceeding  will  be  void:  St.  Louis  vs.  Koch,  169  Mo.  587,  loc.  cit.  591. 
with  citation  of  numerous  cases;  Spurlock  vs.  Dorman.  182  Mo.  242,  250;  St. 
Louis  vs.  Gleason.  9,'?  Mo.  33,  37-38;  Schaffner  vs.  St.  Louis.  31  Mo.  264;  St.  Louis 
vs.   Cruikshank.   16   Mo.   App.   1.   c.   497;   State   ex   rel.   vs.   St.   Louis.   67  Mo.    113.   117. 

"It  is  the  duty  of  the  judicial  tribunal  to  insist  that  every  provision  intended 
for  the  benefit  of  the  owner  be  complied  with The  mode  pre- 
scribed must  be  strictly  and  guardedly  complied  with,  although  unreasonabl.- 
nicety    is  not   required;""  St.   Lt)uis   vs.    Franke.   78   Mo.    41    (quoting  Dillon). 

Where  the  ordinance  must  be  recommended  by  the  Board  of  Public  Improve- 
ments, that  is  jurisdictional,  and  an  ordinance  without  such  is  void;  See  author- 
ities cited   in  note  to  Sec.   17  of  this  article. 

The  ordinance  which  was  the  basis  of  the  proceeding  cannot  be  amended  and 
the  proceedings  continued  thereunder,  even  before  the  present  amendments: 
Shaffner  vs.  St.  Louis,  31  Mo.  264. 

Where  condemnation  was  authorized  only  in  case  no  agreement  could  be 
reached,  the  proceedings  must  show  this  condition  to  he  the  case:  Moses  vs.  St. 
L.  Sec.  Dock  Co.,  84  Mo.  242.  245;  Graf  vs.  St.  Louis.  8  Mo.  App.  562;  Leslie  vs.  St. 
Louis.  47  Mo.  474:   Anderson  vs.  St.  Louis.  47  Mo.  479. 

Provisions  in  a  charter  requiring  the  recommendation  of  .a  certain  board  of 
commissioners  preliminary  to  an  ordinance  of  condemnation  .are  valid:  Kansas 
City  vs.  Mastin.  169  Mo.  80.  93. 

The  petition  must  allege  the  jurisdictional  facts  (see  cases  supra);  and  since  a 
valid  ordinance  is  necessary  to  the  jurisdiction  of  the  court  an  ordinance  which  is 
to  take  effect  on  a  certain  condition  is  insufficient  unless  it  be  alleged  and  proved 
that  the  condition  has  been  complied  with:  St.  Louis  vs.  Cruikshank,  16  Mo.  App. 
1.  c.  496-497.  The  passage  of  the  ordinance  authorizing  a  street  improvement  does 
not  make  out  a  prima  facie  case  of  compliance  with  precedent  conditions,  all  of 
whicl)   must  be  alleged:     St.  Louis  vs.   Frank,  9  Mo.   App.   579   (memo  opin). 


AKT.  VI.  Sec.  2.1  CHARTER   OF   TIIK   CITY   OF   ST.    LOUIS.  387 

Tlif  nfimes  of  the  known  owners  must  be  alloKeil:  If  unknown  there  must  be  pub- 
lication and  a  correct  description  of  tlie  land;  Sieferer  vs.  St.  Louis,  141  Mo.  586. 

Notice  by  publication  valid,  and  what  notice  Is  sufficient:  Kansas  City  vs. 
.Miustln,    Ica   Mo.    SO   I.   c.   90. 

('oneluHlvrnrMH  iind  iCITrot  of  thr  I'roeerdloKii. — But  the  proceedln^r  when  con- 
.'iuminatfii  Is  a  juilKini-iil,  liiivinK  tin-  same  Incidents  as  other  judKments;  hence  It 
was  belli  the  benelUs  u.sses.sed  aKalnst  the  property,  evidenced  by  tax  bills,  may 
be  recovered  at  any  time  within  ten  years;  and  no  matters  are  reviewable  which 
have  not  been  properly  preserved  by  exceptions;  and  It  was  further  at  on<;  time 
held  that  no  new  defenses  con  be  made  against  the  collection  of  tlio  tax  bills, 
that  were  available  In  the  llrst  proceeding;  St.  Louis  vs.  Annex  Realty  Co.,  175 
.Mo.  ca.  following  Kyssell  vs.  St.  Louis,  IGS  Mo.  GO",  where  the  nature  of  the 
procei'ding  Is  fully  discussed  by  the  court;  but  the  decision  in  the  Eyssell  case 
was  expressly  overruled  by  the  Supreme  Court  in  this  respect  In  the  recent  case 
of  St.  Louis  vs.  Brlnckwlrth  (decided  May  20,  1007,  and  at  this  writing  not  yet 
reported),  which  held  that  the  llrst  or  condemnation  proceeding  was  not  broad 
enough  to  be  a  judgment  warranting  execution  for  the  benelUs  found  "therein, 
but  that  the  benellts  could  only  be  recovered  by  suit  on  the  special  tax-bill  l.ssucd 
In  accordance  with  the  legal  re<iulrements;  tliat  the  ruling  in  the  Eyssell  case  in 
fact  would  make  the  court  assess  the  tax,  which  the  law  requires  the  municipality 
to  Issue  and  perfect;  the  court  will  not  uphold  the  doctrine  that  the  law  allows 
both  the  assessment  and  collection  of  taxes  in  a  single  suit,  or  confers  on  the 
court  the  governmental  function  of  levying  the  tax;  and  the  Eyssell  case  was 
overruled. 

When  the  court  has  taken  final  action  upon  the  report,  and  the  Assembly  appro- 
priated money  for  the  damages  for  the  properly  taken,  such  assessment  becomes 
final  and  conclusive  upon  the  question  of  benefit  to  the  tax-payers,  the  amount 
thereof,  the  Hen  attaches,  and  these  questions  cannot  be  relltigated  In  any  sub- 
sequent suit  that  the  city  may  find  It  necessary  to  bring  to  enforce  the  lien  In 
collecting  the  tax  assessed;  the  only  iiuestion  that  can  be  raised  In  such  a  suit 
Is  as  to  the  validity  of  the  assessment  and  levy;  St.  Louis  vs.  Ranken.  06  Mo. 
■197;   approved   In   St.   Louis   vs.    Brlnckwlrth,   supra. 

Nor  can  the  defense  be  made  In  an  action  on  the  tax-bill  that  there  was  no  com- 
pensation for  land  taken  or  damaged;     Springfield  vs.  Baker,  56  Mo.  App.  637.  640. 

Nor  that  the  property  was  not  subject  to  special  taxation;  Vrana  vs.  St.  Louis, 
m;i   .Mo.   146,   153. 

The  court  having  acquired  jurisdiction  over  the  parties  and  the  res  In  the  con- 
ileninatlon  proceedings,  every  presumption  is  to  be  indulged  In  favor  of  the  juris- 
diction of  the  court  In  a  collateral  proceeding;  hence  the  question  whether  the 
city  had.  before  the  condemnation  proceeding,  acquired  the  property  sought  to  be 
condemned,  can  only  be  tried  In  such  proceeding,  and  not  In  a  suit  to  enforce  a 
special  tax-bill  for  benefits  or  enjoin  their  collection;  Buddecke  vs.  Ziegenhein, 
122  Mo.  239,  243-244;  Michael  vs.  St.  Louis.  112  Mo.  612;  Vrana  vs.  St.  Louis,  164 
Mo.   146,  153. 

I'nder  the  rules  relating  to  tax-bills  for  construction  of  streets,  sewers,  etc..  the 
owner  cannot  contend  In  an  action  to  enforce  the  bill  that  he  has  not  been  bene- 
fited, nor  that  there  wos  no  necessity  for  the  work,  etc.;  but  this  is  on  the  ground 
that  such  matters  are  legislative  in  character  with  which  the  courts  will  not  In- 
terfere; while  the  rule  that  assessment  of  benefits  In  street  opening  cases  cannot 
be  reviewed  Is  on  the  ground  of  rej  judieala.  (See  ccses  on  former  point  cited 
hi-naft.r   In    s.  i-.    11   >.•(  this   article.) 

Illitf  llli-tiiitl    llrl\\  *-eli     i  Ilk  I  flu    I'rolKTt .%    a  till     \i|<ii>hhIiik   lli*ll*'llt<i,  iir  'I'll  \  ltlk£    fur  l.lii'lll 

Iniprovriiirnln. — The  opening  of  the  street,  and  assessment  of  special  benefits,  are 
diffreiit  things,  though  had  In  one  cause.  But  the  proceeding  by  which  pri- 
vate property  is  taken  by  the  city  for  the  public  use  by  condemnation  under  the 
power  of  eminent  domain.  Is  distinct  In  character  from  that  by  which  the  city 
raises  funds  under  the  power  of  taxation  (by  way  of  assessing  benefits)  to  make 
compensation  for  property  so  taken;    St.   Louis  vs.   Bus,   159  Mo.   0.    12. 

The  distinction  between  taxing  by  assessment  of  benefits  against  property  under 
these  sections  and  the  taxing  for  local  Improvement  such  as  construction  of 
streets,  etc.  (Infra,  sees.  14  et  seq.  of  this  article),  was  pointed  out  In  Eyssell  vs. 
St.  Louis,  168  Mo.  1.  c.  621,  which  was,  however,  overruled  by  the  Supremo  Court 
May  29,   1907   (not  yet  reported).  In  St.  Louis  vs.   Brlnckwlrth. 


388  CFTARTKR  OK  THK  CITY    OF  ST     LOUIS  [ART    \n,  S.h-   :i  5. 

Special  taxation  is  sustainal)!**  under  the  taxing  powt-r.  and  tlie  constitutional 
Ijrovisions  relating  to  the  taking  or  damaging  for  public  use  apply  to  the  power  of 
eminent  d«jmain;  Keitli  vs.  Hingham.  1 00  Mt».  30O;  Springfield  vs.  Baker.  56  Mo. 
.\PI).  I.  c.  1)40.  t  .See  eases  lOi  sy)e<-ial  taxation  in  note  to  sees.  14  and  27  of  this 
article.  I 

\|M>e:ilN; liit-i.siCetioii    «iii     \|»pejil,    lOlc.:    See    note    to    s^-c.     10    of    this    article. 

Sfc.  :i.  Notire  to  «k'tVii(Iaiits — j»r«K*t'ss  to  l»e  served  by  City 
Marshal— notice  by  piiblicatoii.  I'(iun  the  tiliiio  of  tlic  pclitiou,  a 
snimiKins  sliull  he  issiifd.  ojvino  s\u\\  (icri-iKhinls  at  least  U*ii  days'  notice 
of  tlie  time  when  said  petition  will  he  heard,  which  siiiiiiiu)ns  siiall  he  served 
hy  tlie  .Marslial — wiio  siiail,  lor  such  pni-pose,  he  v.v-officio  au  oll'icer  of 
I  he  Cii-ciiit  ("imrt — in  the  name  and  manner  as  wi-its  of  summons  are,  or 
may  he,  iiy  law  re(|uired  to  lie  served,  if  tiie  name  or  residence  of  the  owner 
l)e  unlciiown.  or  if  liu'  ownei's,  or  any  of  them,  (h)  not  reside  within  tlie  State, 
notice  of  tlie  time  of  the  liearino  tlie  petition,  i-ecitiiio  the  substance  of  the 
pel  il  ion.  and  the  day  tixed  tor  I  he  heariiiji  thereof,  shall  be  o;iven  by  publi- 
cation r<ir  1(1111-  weeks,  consecutively,  pi-ior  to  the  time  of  the  hearing  the 
jietitioii.  in   the  ne\vs|ia])ers  publishinfj  the  journal  of  the  As.sembly. 

I»ar<ies:  I'miei'  the  old  Charter,  the  notice  required  by  the  Charter  was  not 
waived  l-O'  a  i-ecital  in  the  journal  of  the  triers  of  the  fact  that  the  parties  ap- 
peared:     "The    appearance    of    the    mostly    interested    cannot    affect    the    others"; 

Sliaffner  vs.  St.   I.,ouis.   31   Mo,   1.  c.   27.3. 

» )ne   not   ser\e<l    is   not   bound:   Moses   vs.   St.    1,.   .Sec.   l)ock  Co..   S4  Mo.   242. 

X/nder  tile  present  Charter,  known  parties  must  be  alleged:  if  unknown,  there 
must  be  publication  and  a  correct  di-scription  of  the  land  must  be  set  forth: 
Sieferer  vs.   St.   Louis.   141    Mo.    r>,sfi, 

line  who  is  witliinthe  benefit  district  and  liencx- as.sessable  fur  benelits  to  become 
a  lien  on  his  jiroperty,  but  whose  property  is  not  taken  tor  public  use.  need  not 
be  made  a  party  to  the  original  summons;  he  has  his  notice  and  hearing  at  a 
later  stage  of  the  proceedings:  St.  Louis  vs.  Ranken.  96  Mo.  497.  .SO.'i,  fi  sea-. 
Ruddecke  vs.  Ziegenhein.  122  Mo.  239.  243.  And  the  fact  that  such  notice  Is  by 
publication  "does  not  militate  against  the  validity  of  the  assessment:"  per  Mar- 
shall. J.,  in  Eyssell  vs.  St.  Louis.  168  Mo.  loc.  cit.  616.  and  cases  cited  there.  But 
if  the  notice  is  insufficient  to  identify  the  district  or  property  to  be  benefited  (as 
where  there  are  two  alleys  to  be  opened  in  one  block,  and  the  notice  refers  to 
an  alley),  the  property  owner  is  not  bound:  .St.  Louis  vs.  Brinckwirth.  decided 
May  29,  1907.  by  the  Supreme  Court  (not  at  this  writing  reported).  That  the  same 
summons  is  not  required,  re.sults  from  the  difference  between  the  power  of  emi- 
nent domain  exercised  in  the  taking  of  property  for  the  public  purpose  of  open- 
ing the  street  and  the  taxing  power  exercised  in  assessing  the  special  benefits 
resulting    therefrom:      See    note    to    preceding    section. 

St'c.  4.  Court  shall  a|>|»oiiit  thret'  frec'holders  as  Coiiiinis- 
sioners,to  assess  dainajj^es;  «iualifi<';d ions  — majority  may  act  and 

report. — The  court,  or  a  juilo-c-  thereof,  in  vacation,  on  l)eino-  satislicd 
thai  (hie  notice  of  (he  pendiiiji  of  the  jielilion  has  been  ijiven.  shall  a]i|ioint 
ihree  disinleresled  commissioners,  freeholders  of  ]ir()|ieily  in  said  city,  and 
residcnls  of  llie  city  for  li\e  \ears  next  precedino-  their  a])poinlinenl.  to 
as.sess  Ihe  damaf;es  which  llie  owners  of  the  land  may  sevei-ally  sustain  by 
reason  of  such  ap]iroprial  ion.  I'roriihd .  hrurircr.  that  a  majorilN  of 
said  commissioners  shall  lia\c  lull  jiowcr  .iiid  .■nilhorily  lo  acl  and  iiiakc  a 
icpor-t. 

.\iiieiidiiiciit   adopted   al   election  of  0<-t.    22,    l:ioi.   under  ordinance   20444. 

Sec.  .'».     Dnly  of  Commissioners  as  lo  <lama,ii'«'s  and  beiielils 

-assessment  of  b«'nelits  lo  be  a  lien  avrainst  pi'operly — <»penin^ 

of  alleys.       it     shall     be    lli(>    dnlv    of    Ihe    commissioners  lo  ascertain   Ihe 


AHT.  VI.  Sec.  5.1  l-||.\KTIOI{    OK   •I'lll-;   IMTV    <il'    ST     l.ons.  ;jg9 

;iclli;ii  \:illlc  dl  llii-  hiiul  ;ilnl  pliMniscs  |ii()|i(isf(l  In  lir  niki'ii.  williiiiil  itIct 
fiicc  III  ilii-  |ii'<iJim'|imI  ini|ir(iM'iiii'iit,  and  lo  a.'^cci'kiiii  llic  aciiial  (laiiia};i-.'< 
(lone  1(1  llif  |ini|n'ri\  Ilicri'liv,  and  lor  llic  iiavincnt  nl'  such  values  and  dam 
a^cs  III  assess  a^ainsl  llie  iil\  the  aniiiiinl  of  lienetil  In  llie  inililie  fieiierallv, 
and  the  tialanee  a};aiiist  ihe  owner  or  owners  nl'  all  |iruperly  which  shall 
lie  es|ieriallv  benetiled  b_v  the  |ii-o|i(ised  iiii|iriiveiiient  in  the  oiiinion  of  the 
conimissioners,  to  the  amount  that  each  lot  of  said  owiiei-  shall  he  lieiieliled 
\i}  the  im|iriivemeiit.  Tlie  sums  in  lie  jiaid  li\  the  uwncis  of  |iru|ierl\  espe- 
eiall\  heneliled  liy  the  im|il-oveinenl.  as  ascertained  liy  Ihe  commissioners, 
shall,  when  the  i-e|iiirt  of  the  commissioners  shall  he  conlirmed  liy  Ihe  court, 
as  hereinaflei-  |iriivideil.  he  jiiiiiiit  fiiii<-  evidence  <it'  Ihe  liaiiilil.N  of  (he  |iro]i 
erty  charj;ed  Iherewilh  to  iheexteiil  and  aninnnl  Iherein  specitied.  and  shall 
Im'  and  remain  until  paid,  a  lien  fiuni  ilie  dale  of  ilic  liiial  jiidfiineiii  of  the 
Circuil  Conrl  on  Ihe  propertv  so  charged,  and  shall  lie  collected  as  proviih-d 
liy  ordinance,  ami  when  collected  shall  he  paid  into  the  city  treasury  as  a 
separate  fund  to  lie  used  exclnsiv(d\  for  the  ]iayiiient  of  Ihe  damaf;es 
awarded:  iiniriilril.  hoircrcr.  that  in  Ihe  openinj:  of  an  aMe\  Ihe  lieiietils 
shall  he  jiaiil  liy  Ihe  owners  of  such  lots  in  llic  MimI;  in  whii  li  ilic  ,illey  is 
opened  as  are  .ilVorded  access  h_\    su<'h  alle.v. 

Thl.s  Is  an  aiiwniliiicnt  ailoptnl  at  tlu'  Chartt-r  »'lf**tlon  of  Oct.  22,  1;hm.  uikI«t 
iinllnani'i'    20444. 

Men:  .Vs  to  thr  rliflit  of  tlir  lity  to  rrrati'  a  llin  on  private  property  being  dc- 
penilent  on  .»<trlet  eonipllanee  witli  lopal  provtsion-v.  see  note  to  see.  2.">  of  this 
artiele 

It  was  at  one  time  lieUl  that  the  faet  tliat  .«ei-.  .">  provides  that  the  assessment 
shall  be  a  Men.  did  not  show  that  it  contemplated  any  special  tax-bill  at  all  or 
any  subseiiuent  .lult;  and  the  riKht  to  recover  the  amount  was  held  not  barreil  in 
live  year.s,  but  In  ten.  as  any  other  JiidRnient,  and  tli<>  lien  of  that  Judprnient  ex- 
pires In  three  years,  lll<e  any  other  Judnrment  lien:  Kysscll  vs,  St.  l/iiil.s.  KiS 
.Mo.  fill?.  6in.  followed  In  snbsei|uent  cases.  It  tln-refore  followed  that  execution 
could  be  had  without  any  .special  tax-hill.  Hut  the  decision  In  the  ICyssell  case 
was  expressly  overruled  in  so  far  as  it  held  that  execution  or  scire  facias  could 
be  is.siied  for  benefits  assessed  in  the  original  eond<'mnation  proceedlngr,  or  that 
suit  need  not  lie  brought  on  a  special  tax-bill  thereafter  regularly  Issued  in  ac- 
cordance with  the  legal  provisions  governing  the  .same:  .St.  Louis  vs.  Brinek- 
wlrth.   (Sup.  rt.  May   29.   1907.  not  as  yet  reported). 

Klulil    III   .liir.\    nr    Itonrtl    of    l-'reelmlilerM:      See    note    to   sec    7.    intra. 

DniiiaKeni  ,\  railroad  company  is  not  entitled  to  have  assessed  as  damages  cer- 
tain structures  and  lixturcs  which  a  valid  ordinance  renuired  it  to  put  in  at  Its 
own  expense  as  a  condition  of  Its  franchise:  Kansas  City  vs.  Railroad,  1R7 
Mo.    Hii. 

If  a  lessee  l.s  conducting  a  business  on  the  premi.ses.  whicli  wl,'  be  broken  up  or 
interrupted  by  the  taking  of  the  property  fo.-  public  use.  he  is  entitled  to  com- 
pensation: St.  I.ouis  vs.  Abeln.  170  Mo.  :tis.  S2«.  citing  Missouri  authorities. 
But  the  damage  should  b>'  separately  assessed  and  not  adjusted  by  deduction  from 
the  sum  allowed   the  landlord:      S(,   I>ouls   vs,    Abeln,    17ft  Mo,   318,   326, 

It  waa  held  thot  (under  the  act  of  1S7.^,  p,  ,119)  where  the  commissioners  report 
that  the  improvement  standing  on  the  property  should  remain  until  removed,  and 
It  appears  that  no  allowance  fi>r  sui-h  Improvement  was  made.  b.s  wa.s  required 
If  It  was  Included,  the  city  nciiiiired  the  right  only  to  the  land  and  not  the  build- 
ing thereon:  St.  I»uis  vs.  Ins.  Co..  90  Mo.  IS.'i  (this  building  still  remaln.s  as  an 
■  ibstnictlon   on    west   side   of  JefTeriion    and    Morgan    streets). 

Where  the  damages  aMMesH«>d  are  Just  and  reasonable,  that  they  exceed  the  value 
of  thi-  property  Is  not  fatal:  St.  Ixiuls  vs.  Frank.  '.<  Mo.  App.  ,179  (memo.  opin.). 
other  cases  on   i|iiestlons  of  damages,   see       77   Mo.    i:i;    112   Mo.    361:    139   Mo.    31,"i: 

197    Mo.    392:    r.is   Mo.    69S:    77    Mo.    13:    124    Mo.    129.    s»   Mo.    646.      And   see    remarks 

,i..l   ,„....-  ,11.. I   In  Martin  vs.  St     Ixiuis.    139  Mo.   loc.   clt.   25S. 

iii.ni.tii«:  \  '-ondltional  dethcallon  where  the  condition  ))as  not  been  complied 
\^ii;i    I'-  *•'    no  efTecl;  and  the  owners  of   land  cannot   aMiliI  assessment   of  benefits 


390  CHARTER  OF  THE  CITY  OF  ST.   I.OUIS.  t  ART.  VI.  Sec.  6-7. 

by  consenting  to  an  opening  through  their  land.s  on  condition  that  no  benefits 
be  assessed  and  an  acceptance  by  the  commissioners  of  such  offer  is  illegal,  as 
tending  to  render  the  benefits  assessed  against  others  unequal:  St.  Louis  vs. 
Meier,   77   Mo.    13. 

Benefits  cannot  be  assessed  in  gross  upon  several  contiguous  lots  and  recovery 
cannot  be  had  upon  a  tax-bill  issued  upon  such  an  assessment:  St.  Louis  vs. 
Provenchere.  92  Mo.  66.  citing  and  approving  several  cases  from  the  Court  of 
Appeals  so  holding. 

One  whose  land  is  not  taken  for  public  use.  but  who  is  within  the  benefit  district, 
so  that  a  lien  for  benefits  assessed  may  be  charged  thereon,  need  not  be  included 
as  one  of  the  original  defendants  summoned:  with  respect  to  the  question  of 
benefits  he  has  notice  and  an  opportunity  to  appear  and  be  heard  in  the  method 
pointed  out  by  Charter  and  ordinance  (now  sees.  S7S  et  seq.  of  R.  C,  requiring 
notice  also  by  publication):  St.  Louis  vs.  Ranken.  96  Mo.  497;  Buddecke  vs. 
Ziegenhein,  122  Mo.  239,  243  (both  holding  that  a  special  tax-bill  for  benefits 
could  not  be  attacked  on  that  ground):  and  the  fact  that  only  notice  by  publica- 
tion is  given  does  not  militate  against  the  validity  of  the  assessment:  Eyssell 
vs.  St.  Louis.  16S  Mo.  loc.  cit.  616  and  cases  cited.  But  if  the  notice  is  not  suf- 
ficient to  identify  the  property  to  be  affected  or  the  benefit  district  (as  where 
there  are  two  alleys  in  one  block  and  the  notice  does  not  designate  which  of 
the  two  are  to  be  considered  at  the  sitting  of  the  commissioners),  the  owner  is 
not  bound  by  the  notice  or  proceeding:  St.  Louis  vs.  Brinckwirth  (Sup.  Ct.  May 
29.   1907,   not  nt   this  writing  reported). 

Under  the  former  law  the  rule  was  different  and  notice  and  summons  was  re- 
quired in  the  same  manner  as  those  whose  lands  were  condemned:  State  ex  rel. 
vs.  St.  Louis.  67  Mo.  113. 

Assessment  of  benefits  against  the  property  of  one  wliose  property  is  within  a 
benefit  district  but  no  part  of  whose  land  is  taken  for  such  street,  is  a  legitimate 
exercise  of  the  taxing  power:     St.  Louis  vs.  Speck,  67  Mo.  403. 

Dniiiaiu;es  iiud  I]onol1t»  Under  Former  Supersede*!  Charters:  See  Shafner  vs.  St. 
Louis.  31  Mo.  2(54;  McKee  vs.  St.  Louis,  17  Mo.  184;  Garrett  vs.  St.  Louis.  25  Mo. 
505. 

Grading  and  I'lianj^in^'  <irade  of  Street.s  and  Alleys:  See  note  to  sec.  19  of  this 
article. 

In  Opening  of  .Vlleys,  benefits  shall  be  paid  by  the  "owners  of  such  lots  in  the 
block  as  are  afforded  access."  etc.  Lender  the  former  provision  they  were  to  be 
paid  by  the  "owners  of  properly  in  said  block  abutting  on  the  proposed  alley," 
wliich  was  held  to  include  all  owners  of  abutting  property  on  an  alley  as  com- 
pleted, which  was  a  continuation  of  one  theretofore  partly  opened  through  the 
block:      St.    Louis   vs.    Lane,    110   Mo.    254. 

S(M'.  (■),  C<)iiiiiiissi«niers'  report  to  be  under  oath — dainajfes 
and  benetits  to  be  separately  stated. — ^Wheu  the  Commissioiiers 
shall  have  viewed  the  property,  aud  assessed  the  value  aud  damages  and 
benefits,  they  shall  make  their  return  of  sneh  assessment,  in  writing  and 
under  oath,  to  I  he  (Mrciiit  Court,  which  shall  be  tik'd  by  the  clerk  thereof. 
Ill  iiiakinji  sucli  re]iort.  llie  value  and  daiiiaocs  allowed  to  each  owner,  and 
the  benefits  assessed  ai;ainst  (>ach  in<lividiial  shall  be  sejiarately  stated. 

Sec,  7.  lieporl  may  b«»  reviewed  on  exceptions — Court  may 
order  new  appraisiMueut,  etc. — The  report  of  said  Coiumissioners  may 
be  reviewed  by  I  lie  Circuit  ("ourl  on  writ  ten  exceittion  filed  by  either  ]iai'ty  in 
the  Clerk's  oflice.  within  ten  days  after  the  liliiiii  of  such  rejiort.  and  the 
(•ourt  shall  make  such  order  therein  as  riulit  and  justice  may  re(iiiire.  and 
may  order  a  new  ajiiiraisemenl  ii]ion  good  cause  shown;  but  the  hearing  of 
such  e.xceiitions  shall  be  summary,  and  the  Court  shall  li.\  a  ilay  therefor 
without  delay.  11)1011  the  tiling  of  any  such  (>xceiitions.  or  within  ten  days 
;!ftei-  the  ex])iration  (if  llic  time  gi\-eli  said  cit\-  to  icpurt  I  he  same  to  the 
Assembly  as  hereinaflcr  pro\ided. 

On  Kxerptions  Ut  tlie  Keporl,  the  latter  is  presumptively  correct:  the  proceeding 
to   review   is   not  entin^ly  df   novo      and,   while  the  court    must    hear  evidence  as  to 


AKT    \I.  Sec.  8.1  ni.VKTKl;    Ol"    TIIK    CITY    DT    .ST.    LOITI.S.  391 

the  corrcotnras  of  tlu'  vuliiiitlon  of  tho  coiiiinlsaioncrs,  the  lattor  will  not  be 
illstiirbfd  iinU'.ss  clcnrly  shown  to  tic  lnnUor|iiate  or  oxi-osslvc:  St.  Loulii  vh. 
AlM'In.    170  Mo.    31S.  and   rases   referred   to   In   the  opinion. 

And  a  lorliori  the  Supreme  Court  will  not  disturb  the  Undines  of  fact  by  the 
.  Iroult  court  In  afrirmlnK   the  report:     St.   Louis  vs.   Wetzel.   110  Mo.   2G0,   2S4-265. 

On  exception  tho  commissioners  an-  competent  witnesses:  St.  I./Ouls  vs.  Aheln. 
ITO    Mo.    31 S. 

The  owner  against  whom  benefits  are  assessed  may  except  to  the  report  on  the 
ground  that  the  oTillnance  upon  which  the  proceeding  Is  founded  Is  void:  St. 
Louis  V8.  Crulkshnnk.    IG   Mo.    App.   495. 

Kxceptlons  may  be  tiled  by  leave  of  the  court  after  ten  days.  If  good  cause  Is 
shown,  and  by  contesting  such  exceptions  the  city  waives  tho  Irregularity  after  an 
adverse  ruling:      St.   Louis  vs.   Weber,   HO  Mo.  515.   51!1. 

But  probably.  If  Improperly  llled  out  of  time,  such  exceptions,  as  In  other  cases, 
may    be    stricken    out:      Sec    St.    Louis    vs.    Lang,    131    Mo,    1.    c.     121. 

Mudlllciitlun  of  llriMirfi  The  court  may  modify  the  report  under  this  section  by 
cutting  down  the  benefit  assessed  and  adding  the  amount  to  that  assessed  against 
the  city,  anil  this  Is  not  a  violation  of  the  landowner's  right  to  have  damages  as- 
sessed by  a  Jury  or  commission  of  freeholders:  St.  Louis  vs.  Lawton,  189  Mo. 
474.  The  court  may  cut  down  or  modify  as  to  some  or  all.  the  assessment  of 
benefits:  but  not  as  to  the  damages:  and  the  action  of  the  court  with  respect  to 
the  assessments  of  benefits  in  ordering  a  new  appraisement  or  not  is  largely 
discretionary,  and  the  appel'ate  courts  will  only  sot  same  aside  in  case  of  abuse: 
.St.   Louis  vs.   Buss,   159  Mo,   i:  St.   Louis  vs.   Lawton,  supra, 

Juryi  Since  the  Constitution  of  1S75  an  Incorporated  company,  (such  as  a  rall- 
ritad  company)  Interested  either  for  or  against  the  exercise  of  the  riglit  of  emi- 
nent domain  (but  not  private  citizens  nor  municipal  corporations)  may  demand 
a  jury  to  try  the  cause:  St.  Louis  vs.  Roe,  184  Mo.  324,  distinguishing  Kansas 
•"•ity   vs.  Smart.  128  Mo.  272,  and  other  cases. 

With  respect  to  awarding  damages  as  compensation  for  property  taken  In  con- 
demnation for  street  purposi-s,  the  owner  under  the  constitution  is  entitled  to 
have  same  determined  by  a  Jury  or  board  of  not  less  tlian  three  freeholders,  as 
may  be  prescribed:  but  witli  respect  to  assessment  of  special  benefits  to  the 
owner's  lots  resulting  from  the  street  opening,  the  constitutional  provision  does 
not  apply,  but  the  Charter  provides  that  they  be  ascertained  by  tlie  commission- 
ers, subject  to  the  power  of  the  court  to  review  their  appraisement  and  modify 
same;  and  such  modification  is  not  an  impairment  of  the  right  to  a  Jury:  St. 
Ix>uls  vs.    Buss,   159  Mo.   9,  13. 

The  proper  amount  of  compensation  for  private  property  taken  for  a  public  use 
cannot  be  fixed  by  the  legislature.  What  Is  Just  compensation  must  li.>  deter- 
mined by  a  Jury  or  appraisers:     Co.  Ct.  vs.  Griswold,  58  Mo.   175.   19:< 

Sec.  S.  Cost  of  proc«MMlinj;.s — ('oniiiiissioiifi's  oju-li  allowed 
>!>I{  a  (lay. — The  cosi  nl'  ihc  iirmccdiiijis.  up  lo  :iii(l  iiiclniliii^  llic 
liliii','  of  ilic  fi'jiort  of  llic  riiininissiiincrs.  sli.-ill  l>c  piiid  li.v  Ilic  cily.  iiiiil  :is  to 
aiiv  ro.Ht.s  I'iMiscil  Ity  siilisi>i|n(>iil  liti<.;!itioii.  llic  c-osi  .sli:ill  lie  paid  liy  the  los 
in*;  party.  'I'lie  roniniissioncrs  shall  each  lie  allowed  three  didlar.s  a  day  in 
full  coiiipiMisaliun  for  i heir  services. 

Amendment  adopted  at  charter  election  on  Oct.  22.  1901  (submitted  under  ordi- 
nance   20414). 

Kor  ordinance  provision  see  Rev.  Code.  sec.  882.  and  note  thereto.  Before  the 
.imendment.  when  the  provision  was  that  there  should  be  a  "rea-sonable  com- 
pensntlon"  It  was  held  that  an  ordinance  fixing  a  definite  sum  of  three  dollars 
per  day,  was  void,  the  compensation  being  reijulred  to  be  ascertained  by  the 
court:    Oreen   vs.   St.   Louis.   106   Mo.   454. 

Payment  of  costs  to  filing  of  report  does  not  Include  ottornoys'  fees,  expert 
witnesses,  developing  character  of  deposit  on  lands,  etc..  but  only  the  orillnary 
f.'.-s:  St.  I^iuls  vs.  Melntz.  107  Mo.  611.  And  see  further  on  this  point  the 
r-'i-.Mt  c,a9i-s  cited  In  the  next  section,  discussing  what  ore  costs  where  the 
proe.'edlng  Is  dismissed  by  the  city,  etc. 


39^!  CHAKTKR  OF  THE  CITY  OF  ST.   LOUIS.  lART.  VI.  Sec.  910. 

Sec.  !).  KcjMU't  of  Coiimiissioners  Ut  be  sulniiitte«l  U>  Assem- 
bly—  report  stands  appi'ovi'd  if  no  aetioii  taken  within  time  lim- 
ited —on  <lisapi)roval  of  re|>ort,  Court  shall  set  aside  same  and 
or«ler  new  assessment — witlulrawal  of  pr<)ceeiling;s  by  City,  coii- 
(iitloils. — L'poii  the  report  of  said  C'oiiuiiissioiier.s  Ijeiiig  filed  iu  the  Circuit 
Court,  or  with  the  Clerk  thereof,  the  Court  .-ihall  <rive  to  the  City  of  St.  Louis, 
ujxiii  ;ii)i)li<"itiou  of  the  City  Conn.seh)r.  reasonahle  time  to  report  the  result  of 
the  same  to  the  Asseuihly  for  its  information  and  approval,  during  whicli 
time  no  action  \\\\\  he  hud  in  or  l)y  said  Court  n]ion  said  report;  and  if  tlie 
.Municipal  Af^scndyly  fails  to  act  ujx)!!  such  report  within  the  time  limited, 
said  report  shall  l)e  deemed  ajijiroved,  but  if  during  said  time  limited  the 
Municipal  Assemhly  disa|)])rove  said  rei)ort  of  said  Commissioners,  the  said 
("ourt  shall  set  aside  said  report  and  order  a  new  assessment  of  damages 
and  benefits,  and  the  Cwy  of  St.  Louis  shall  have  the  right,  at  any  time 
iM'fore  the  final  coiitirniation  lo  said  i-eport.  to  dismiss  and  withdraw  said 
proceedings  on  |iaymeiit  of  the  costs  thereof.  Should  the  city  dismiss  or 
withdraw  any  proceedings  for  condemnation  after  the  report  of  the  Com- 
missioners has  been  filed,  no  action  for  such  condemnation  shall  be  had  for  a 
jH'riod  of  ten  years  next  thereafter,  unless  upon  the  petition  of  the  owners 
of  three-quarters  of  the  iirojierty  fronting  on  the  line  of  the  proposed  im- 
pi-oveiiients.  or  upon  ]iaynieiit.  by  the  city,  of  the  entire  value  and  damages, 
such  as  aforesaid. 

This  section  is  as  anu'ixifd  :it  tin-  charter  election  on  Oct.  22.  1901.  Amendment 
submitted   tiy   ordinance   20444. 

Tile  disapproval  of  the  commissioners'  report  by  tlie  assembly  does  not  of 
itself  operate  as  a  dismissal  of  the  case,  and  a  dismissal  in  court  is  required 
to   end   the   cause:      St.    I^ouis   vs.    Lawton.    189   Mo.    474.    4S3. 

The  object  in  permitting  the  city  to  dismiss  after  the  report,  giving  the  city 
counselor  time  to  report  to  the  assembly,  etc.,  is  to  enable  the  cost  of  the 
improvements  to  be  ascertained  and  if  too  great  to  permit  the  public  to  abandon 
the  same,  and  as  a  result  the  city  cannot  again  tie  up  the  property  by  another 
proceeding  except  on  the  terms  pointed  out:  Kyssell  v.s.  St.  I.,ouis.  168  Mo.  607. 
617.  A  refusal  by  the  municipal  assembly  to  appropriate  the  damages  assessed 
operates  to  dismiss   the  proceedings:    See   note   to   next  section    (sec.   10). 

l-Tpon  dismissal  by  the  city  of  the  condemnation  proceedings,  the  city  (though 
it  is  to  pay  costs)  is  not  liable  to  the  land  owner  for  attorneys'  fees,  expert 
witness  fees.  etc..  incurred  in  defending  the  case  and  protecting  his  rights, 
unless  it  is  alleged  and  proved  that  the  proceedings  were  needlessly,  wrongfully 
and  vexatiously  continued  against  the  land  owner's  protest  when  within  the 
power  of  the  city  to  dismiss  and  avoid  such  injury:  Lester  Real  Co.  vs.  St.  L.ouis. 
170  Mo.  31;  Brewing  Ass'n  vs.  St.  Louis,  16S  Mo.  37,  and  cases  cited.  See  as  to 
costs  up  to  filing  of  repin-t  of  conimissinners  tlie  preceding  section,  and  note 
thereto. 

Voluntary  dismissal  is  not  evidenci'  of  wrongful  institution  of  such  proceed- 
ings:   Simpson  vs.  Kansas  City.  Ill  Mo.  2;'7. 

I'nder  a  charter  permitting  llie  repeal  of  tile  ordinance  providing  for  the 
proposed  improvement  it  is  held  that  in  such  case  wlien  new  proceedings  are 
brought  ttie  former  assessment  of  benefits  and  damages  is  without  any  effect: 
Kansas  City    vs.    Mulkey.    176   Mo.    229. 

Itefusal  to  proceed  by  the  city  leaves  the  court  nothing  to  do  but  dismiss  the 
pniceedings:      ,St.    I»iiis   vs.    'Weber.    140    Mo.    31n.    ,S22-.t2.'!. 

Sei  .  1(1.  Final  action  of  Court  to  be  r<>i»ort«'d  t<t  ('omj»troll«'r. 
who  shall  furnisli  <'<»py  to  .Vssembly — ap|>ropriation  to  pay  tlam- 
ajres — failure  to  ap|>r<»priate  ti>  oi>erate  as  a  bar  for  ten  years. — 

Wlieii  the  ri'port  of  the  Coiiimissiouers  shall  have  been  ai)]))'oved,  or  final  action 
taken  thereon  by  the  Court,  the  Clerk  of  the  Circuit  Court  shall  make  a  certified 
copy  of  the  report,  and  the  final  action  of  tlie  Court  thereon,  and  deliver  the 


AUT    VI.  Sec.  II. I  f'H.VHTHK  OF  Till-:  rlTY   OK  ST     LOflS  393 

uAuu-  Id  llic  ('ily  ( 'oiiipli'dllci'.  who  slmll  lorlliwilli  rccdid  llic  sumo  in  a 
book.  lo  lie  |ii-(ivi<l«Ml  I'oi-  tliat  |iiir|iosi'.  ll  .shall  lie  llic  iliil.v  of  lli(>  Coiiiii 
M'ollcr.  as  soon  as  tlit'  saiiie  is  rcconlcil.  lo  rnriiisli  a  ropv  llici't'oi'  in  llic 
.VssciiiIiIn  .  and  llii'  Asscinlily  sliall.  al  its  lirst  session  lluTcallcr,  make  an 
a[(|iro|irialion  lor  tlic  |ia.\nicnl.  onl  of  llic  cil.v  (i-casiiry,  oT  all  (laiiiaf;<'s  as- 
sessed in  favor  of  llic  owners  of  |iro|icrly  apiiroin-iated.  and  llii'  <'ily  Trcas- 
nivr  shall   eanse   the  same   lo   lie   paid   lo   the   parlies  cntilled    Ihci-eto,   re 


'••^ ' ^    I I 

*poi-tivcly,  or  into  court  for  llieir  use.  as  provided  hv  ordinance.  Any  fail 
ire  of  tlic  Assenilily.  within  the  time  above  stated,  lo  make  such  appropri 
ation,  shall  operate  as  a  dismissal  of  such  iiroceediii}:s,  and  no  futui'e  action 
for  such  condeiiinal  ion  shall  he  comiiienced  for  a  |icii(id  it(  Icii  years.  exci'|il 
as  liercinliefnre  jirovidcd  in  case  of  a  dismissal  liy  the  cil\. 

<  ••iii'Iiih|\i'iiixn  <>r  ilii'  proi'i'i'ilinKH  l.s  the  .'iami'  ii.s  In  ciusf  of  any  other  JuilB- 
in.nt  .\»  lo  (In-  ftteit  th.Ti-of  and  what  may  not  lie  retried  In  the  proceedlnK 
t«»  enforee  a  tax  bill  for  In-netlts  a.'isessed  .see  authorities  In  note  to  see.  2.  of  this 
:irtlile. 

\|i|M-nl:  I'ntll  the  eourt  aet.s  llnally  upon  tin-  report  of  the  i  nninilssloners  no 
appeal  can  be  taken:  St.  Louis  vs.  Thomas.  10(1  Mo.  22.1;  see  also  IfiS  Mo.  I.  o.  6l.i. 
A.s  to  what  Is  a  llnal  Judgment  In  street  openInK  ca.se  so  as  to  authorize  appeal, 
see  State  e.x  rol.  vs.  Klein.  HO  Mo.  .■>02;  Martin  vs.  St.  Lonls.  133  Mo.  I.  e.  2fil. 
See   also  St.    Louis   vs.   Nelson.   H!9   Mo.    461. 

Appeal  after  Interplea  by  eontendluK  ilalnmnts:  See  next  sietlon  of  this 
.irtlele. 

('«Mii|>eDMiiilua  for  damages  cannot  he  claimed  \intll  llnal  action  approvln^jf  the 
report:  Wliyte  vs.  Kansas  City.  22  Mo.  .\pp.  409;  and  even  thereafter  a  refusal 
of  the  municipal  assembly  to  appropriate  the  money  to  pay  the  damages,  oper- 
ates as  u  refusal  by  the  elty  to  take  the  property:  and  such  appropriation  must 
be  by  ordinance,  .subject  to  veto  by  the  Mayor:  Silvester  vs.  St.  I^ouls.  li;4 
Mo.    601. 

JurlHdIetlon  ou  apiieiil  In  t-itndemnatlon  proceedings  Is  In  the  Supri-me  Court, 
as  title  to  realty  Is  Involveil.  whatever  may  be  the  amount  of  damages  awarded: 
Kansas  City  vs.  Kallroail.  1ST  Mk.  116.  I'.l.  and  cases  cited;  Tarkio  vs.  Clark. 
1.S6   Mo.    2S5.   294. 

But  action  on  special  tax  bill  against  propt-rty  does  not  involve  title  so  as  to 
confer  Jurisdiction  on  Supreme  Court;  Ross  vs.  Gates.  1  S3  Mo.  .'138.  See  also 
State  ex  rel.  vs.  Smith.  17"  Mo.  69.  I'nless  a  constitutional  question  is  raised: 
Curtice    vs    Srtiml.1t,    1"!    S     \V     61.   61    (M.'ir.li.    t!>n7)    f..IIi.\vlnt,'   lu-i.ir   cas.-.s. 

S.<'.  11  <  il\  iiiiiy  (Icdiict  iH'iiflits  troin  (l:iiiia^«'s,  :iii«l 
uliall  pay  rxcrss,  or  lirposit  in  Court  iiil«'r«'s(  (lisallo\v4Mi, 
when  —  wlH-n  litlc  of  pi-o|M'i-(v  in  dispute,  damages  pai«l  into 
<\>urt — iniproM'UH'nts  may  |M'o<-«-4Mi.  In  all  r-.-i.-^.s  aiisinir  undir 
this  jirtic'lc.  the  city  may  deduct  tin-  hcnctits  assessed  ajrainst  pro])crty 
owned  liy  any  ^person,  or  liis  assiijns.  from  tiic  dama<;i-s  aHowed 
lo  such  I  ersiiii.  or  his  assi;;ns.  for  the  taking  or  daiiiaoinjr  ,if  jmv  property 
owned  l>y  him  or  iiis  assi;;ns,  and  shall  jiay  to  him  or  his  assigns,  or  inio  Ihe 
(■oiirt  for  his  or  tlieir  lieiielit.  or  riM-over  from  him  or  iliciii  ilie  dilVeivnce  be- 
tween the  (hiiiia<;(*s  and  the  beiietits.  as  tlie  case  ma,\  be.  and  in  no  ca.se  siiall 
the  eity  be  liable  for  interest  on  any  award  for  daiiia;:es  after  the  same  or 
the  e.xei'ss  of  the  damages  over  the  beiietits  shall  have  been  jiaiil  into  conn 
as  aforesaid:  itrnriilrd.  hmirrrr.  that  if  the  ownership  of  |>roperIy  con 
deiiiiied  JK'  in  controversx .  the  anioiinl  of  Ilie  daiiia<;e  as.sessed  for  said 
pro|ierl.\.  less  Ilie  beiielils  deducted  as  aforesaid,  shall  be  paid  into  the 
court  for  the  u.se  of  tlie  succe.ssfiil  claimaiil  of  the  property;  and  provided, 
runher.  iliat  after  such  |iaytnenl  to  such  parl\  or  parlies,  or  into  court  for 
tkeir  iM'netil.  llie  city  may  lake  pos.session  of  lli(>  prop<-rty  condemned  :iiid 
thi-  improvement  may  Ik'  proii-edcd  with. 

This   Is  iil.so  an  anir-nihiM-iil  ji-  .id.ipii-.l  at   the  I'harter  el.-,  ti in  Oct.  3S.   1901. 


3£>}  CHARTER  OF  THE  CITY  OF  ST.   LOUIS.  [ART.  VI.  See.  12-14. 

I*:i.viiii>iit  iiit<»  court  iiikI  iiiterfNt — appeal  aftei-  interplea  by  different  claimants: 
St.    Louis   vs.   Nelson.    lOS   Mo.    App.    210. 

By  Session  Laws  1907.  p.  IIS.  it  was  provided  that  in  cities  of  over  100,000  the 
city  could  pay  into  court  the  money  awarded  as  damages  and  take  possession 
of  the  property  and  proceed  with  the  improvement  contemplated. 

If  the  ownership  of  the  property  is  in  dispute  and  the  city  wishes  to  avoid  pay- 
ment of  interest  the  money  should  be  paid  into  court.  Otherwise  the  city  is  re- 
quired to  pay  lawful  interest  for  the  time  subsequent  to  the  ascertainment  of  the 
value  of  the  land  taken;  interest  is  allowable  as  in  case  of  any  other  judgment, 
and  not  from  the  time  the  city  takes  posse-ssion:  Martin  vs.  St.  Louis.  139 
Mo.   246,  261,  with  discussion  by  the  court. 

Where  the  ownership  of  the  funds  awarded  in  condemnation  is  in  controversy 
the  city  iias  a  right  to  pay  same  into  court;  and  when  the  city  is  sued  for 
the  amount  it  may  file  an  answer  in  the  nature  of  interpleader  and  one  claiming 
to  be  the  owner  may  enter  voluntary  appearance  and  assert  his  claim:  Hilton 
vs.   St.  Louis.   99  Mo.   199. 

Under  the  charter  of  1853  where  the  title  to  the  land  taken  for  street  openings 
was  in  dispute  between  parties,  no  cause  of  action  against  the  city  accrued  until 
the  question  of  title  "was  determined  by  the  proper  court:  Soulard  vs.  St. 
Louis.    40   Mo.    14  1 

Deduction  of  bciicli(.N  from  (1:iiii:i^c.n:  Such  pi'ovisions  as  above  have  been  sus- 
tained:   State  ex  rel.  vs.  Kansas  City.  89  Mo.  34.   40. 

Sec.  12.    Condoiiinatioii  of  property  for  particular  use. — When 

it  becomes  neces.siirv  fur  the  <nty  to  coudemn  private  property  for  other  and 
(lilferent  imhlic  uses  than  those  already  specified  in  this  article,  the  As- 
sembly shall  pass  an  ordinance  to  that  etlect.  which  siiall  set  forth  the  \>uv- 
poses  for  which  said  projierty  is  reipiired,  and  to  which  it  shall  be  especially 
dedicated.  The  value  and  dauiajtcs  of  said  property  shall  be  ascertained  in 
the  same  manner  as  directed  in  this  article  in  the  case  of  opening  streets. 
and  the  same  shall  be  paid  by  the  city  to  the  owner  or  owners  of  said  prop- 
erty. 

.\s  to  condemnation  for  water  works  see  Charter.  Art.  VII.  sec.   4. 

A  public  park  is  such  a  public  use  as  will  authorize  condemnation  of  private 
propert.v  to  establish  the  same:  See  note  to  Art.  VIII;  sec.  1.  So  a  wharf:  See 
cases  in  head  note*   to  Chapter  10   of  Rev.  Code. 

W.VTKI!    AM)    ll.\S    riPE    COXNECTIONS. 

Sec.  i:i.    Board  of  Public  Improvements  to  regulate. — The  As- 

scmldy  shall  jirovide  by  ordiiianc(^  that  all  conncctious  with  water  or  gas  pipes 
shall  be  made  suljject  to  such  reiiulatioiis  as  the  I'oard  of  Public  Imjirove- 
ments  may,  from  time  to  time,  establish,  and  that  before  any  such  cunnec- 
tious  are  made  a  permit  shall  be  jiroiured  from  said  boar.d. 

For  ordinances  regulating  water  pipe  connections  see  Rev.  Code.  sees.  2504-2.^i27 
inclusive;  as  to  gas  pipe  connections  see  Rev.  Code.  sees.  336.  898.  912-913.  163. 
Laying   of    water    pipe    see    Charter,    Art.    VII.    sec.    5. 

COXSTRUCTION  OF  STREETS.   BOULEVARDS  AND  ALLEYS. 

Sec.  14.  Ordinances  for  improvements  of  streets,  etc.,  to 
«)ri.ninalt'  witli  H.  1*.  1. — lioar«l  to  tlesiiinale  «lay  for  ])nblic 
nK'cliiin'  (o  <'onsi<ler  inipi'ovements— notice,  contents  and  time 
of  piiblicallon  —  remonstrances  ayainst  imin-ovement,  time 
of  (ilinn,  etc.,  and  action  of  Hoard  tliereon— two-tliirds  vote 
will  ovi'rrnle — Hoard  to  prepare  and  rei»ort  to  Assend)ly, 
ordinan<*e,  with  r«'asons.  In  event  of  I't'monst ranee — nta.iority 
vot«'  of  Hoar<l  sufficient  In  absence  of  renu>nst  ranee. 
—  .Nil  iirdiuiiMcc   till-  ilie  ciiiisl  rucl  ion   or  reconstruction  nf  anv  street,  ave- 


ART    VI.  Sec.  14  1  CHARTER  OF  THE  CITY  OP  ST    I.OIIS  395 

mil'.  lMiiili\niil.  ;illi'\  or  |iiililii-  lii;;li\\;iv  of  llic  city,  sli;ill  lie  iim.s.simI  unless 
i'iM'iiniMii'ii(ii-il  liy  llii'  l>i>;n'il  iif  I'lililic  I  iii|ii'<)\ciiiciils.  :is  lii-ri'iii:ir(ci'  |ii-<>- 
vidcd.  Till'  r>iiar<l  sliiill  tli-sifiiialc  a  <lii.\  on  wliidi  tlicy  will  liolii  :i  |nil(lif 
iiicci  in;;  ti>  lonsidci'  llic  iin|ini\<-nii'nl  til'  ;\n\  (icsi;;nal(Mi  sirccis.  a\i'niics. 
l)cinli'\  arils,  alli'vs  or  |(ulilic  hi^liways  iiy  ^i-adin^  or  rc^n'adin^.  1>\  ion 
.sinii-tiii;;  oi-  rcconslrin-i  in^,  liy  |ia\in;;  oi-  n'|pa\iii^  llic  i-oail\vay,  incliidin}^ 
crosswalks  and  inli'fscri  ions,  and  shall  ^ivc  two  weeks"  |inl)lic  not  ire.  in 
liie  papers  doin^  llie  city  printing,  of  the  lime,  place  and  mailer  lo  lie  eon 
sidered.  staling:  in  such  m)lice  llie  kind  id'  material  and  mannei-  of  con- 
stniction  |ifo|iosed  to  lie  used  I'of  the  wearing  siii-face  of  sn<li  improvement, 
namini;  inoi-e  than  one  kind  of  matei'ial  of  mannei-  of  const  rncl  ion,  IT  the 
lioard  deems  it  ad\'isalde  so  lo  do,  and  also  the  class  of  sjieciticat  ioii  and 
plan  tor  such  work,  which  specitiealii>n  and  jilan  shall  Ite  a]>|ii-oved  liy  said 
Hoard,  and  tiled  in  its  oClice.  It"  within  lil'ieeii  days  al'lei-  snrh  jpiililic 
nioetiii^,  the  owners  of  the  major  jiarl  of  the  area  of  tlie  land  iikhIc  laxnlile 
liy  (his  article  for  such  im)irovement,  shall  tile  in  the  ol'tici'  nf  ilie  lioard 
of  I'nlilic  Imjirovenients  their  written  remonstrance  a^ainsl  ilie  propuseii 
impro\-ement,  or  a;:ainst  the  material  oi'  mannei-  thereol',  the  Itoard  shall 
coiisidi'i-  such  remonsl  ranee,  anil  if  said  lioard  shall.  Ii.\'  a  lwothii-ds  vole, 
at  a  ri-iinlar  meetiiii;.  aiijn-ove  of  the  imiii-o\enienl,  malerial  or  mannei-  re- 
nioiistraled  against,  they  shall  cause  an  oi-dinance  lor  the  same  to  lie  |ii-e- 
pared  and  repoi-t  the  same  wilii  the  reasons  for  their  action  ami  ilu-  re- 
monstrance to  tlie  Assemlily.  IT  sucli  majority  fail  to  i-eiiioiistraie  wiihiii 
liCltHMi  days  or  shall  petition  tiie  lioard  for  the  iic'irovemeiil.  said  lioard 
may  !iy  a  majority  vote  approve  the  same,  and  shall  cause  an  ordinance  to 
lie  prepared  and  rejiorted  lo  the  Assemlily  Ihereror. 

See   note  at  end  of  this  section. 

l?oiir<1     inii>    i»ro\i«I<'    dial    work    bo    y:iiaraiit«MMl    and    kept 

ill   repair   I'or  Irrni   of  \»>ar.s In  all  cases  tin-   l'>nanl    may    include  in 

such  urdinanci-  a   provision   that   the  work  jiiid   material   must  he  u:iiai-anteed 

mid  kept  in  repair  liy  tin ntraclor  duin^  the  work  for  a  term  of  years  to  lie 

s)ieeified  ill  siu'b  onlluauce. 

s.-    iiiii»-  lit   end  of  this  section. 

sp('(-ial  (axes  to  be  levie«l  ami  assessed  aceordiny;  to  Iroiitaye 
and  area,  appoiiitnu'iit.— Sjiecial  tuxes  for  tlie  iinin-iivi'inenis  of  streets, 
avcnuo  and  puMii-  hii;hways  shall  lie  levied  and  assessed  as  follows  :  Tlie  total 
cost  of  ^railin;;  and  in-eparin^  the  roadlied  for  the  sn|iei-sti-iictiii-e.  jihu-in^ 
foundation,  cnrliin^.  erntterin;;,  roadway  jiavin^  and  crosswalks  for  Ilie 
sii-et't  eiiilirncetl  in  the  improvtMiient,  including  all  intei-sections  of  streets 
and  .-illeys,  shall  he  ascertained,  and  iiii(>  loiirlh  thereof  shall  lie  levied  and 
asses.sed  upon  all  the  pi-o|ieriy  froiiliii^  upon  or  adjoiniiii;  the  improve 
iiieiil,  in  the  |irii|iiii-t  ion  that  the  frontage  of  each  lot  so  froiilin^'  or  adjuin 
in;;  U-ai-s  to  the  total  a;;;;i-e;;ale  of  frontap'  of  all  lots  or  parcels  of  or,,iind 
froniin;;  upon  iir  adjoining;  the  improvement,  and  the  remaining;  lliree- 
foiirlhs  of  Ilie  cost  so  ascerlaim-d  shall  lie  levied  and  assessed  as  a  siiecial 
tax  upon  all  the  properly  in  the  district  in  he  deliiied  and  liounded  as 
hereinaflei-  |ii-ovideil.  in  the  iiropoi-lion  thai  the  area  of  each  lot  or  parcel 
of  ;;i-onnd  or  the  part  <if  such  parcel  of  ground  lyiii;;  within  the  dislricl 
iM-ars  to  the  total  area  of  the  disti-ict.  exclnsi\e  of  streets  and  alleys, 

S-  .     nr.f..   .nt    .  n.l   ..f   ttils   s.  .tl.in 

r.ciH'lil  ili-t  liil^  1(11- ^pi'(-i,il  l;i\ali<iii  c-l  alil  i->lnil,  iiH-tli(nl  — 
Tin-  di>irici>  hi-rcin  ri-fcri-fd  |<>  .-.Imll  he  c.-iiihli.>led  a.-  fullow,-:  .\  liiw  >liall 
he  drawn  midway  helweeii  the  street  lo  lie  iin|iroved  and  the  next  parallel 
or  convei-;;in;;  street  on  ea<-h  side  of  the  strt»et  to  1m'  improved,  which  lino 
shall  Ik>  Ilie  hoiindary  of  the  districi.  except  as  hereinaflei-  provided,  name- 


396  CHARTKR  OF  THIC  CITY  OF  ST.   LOUIS.  [ART.  VI.  Sec.  14. 

h  :  11  I  he  )irip|icii\  ad Jdiniiiji  ilic  siicci  to  he  iiiiprovi'd  is  divirli'd  into 
lots,  the  (listricT  line  shall  he  so  drawn  as  to  inchidt'  the  entire  de])tli  of  ail 
lots  Irontin};  on  the  street  to  lie  iin]ii-oved.  If  the  line  drawn  midway  as 
ahove  descrihed  would  divide  any  lot  leiii;!  hwise  or  aiiproxiniately  l(Mif;th- 
wise,  and  the  averaj;c  dislanee  Iroin  the  midway  line  so  di-awn  to  the  nearer 
hoinnhiiy  line  of  the  lot  is  less  than  twenty-tive  feet,  the  district  Hue  shall 
in  such  case  diver<;e  to  and  follow  the  said  nearer  houmhiry  line.  If  there 
is  no  parallel  or  conver<;in<;  street  on  either  side  of  the  street  to  he  im- 
proved, the  district  lines  shall  he  drawn  Ihree  hundred  feet  from  and  jparal- 
lel  to  tlu>  street  to  l>e  imitroved:  hut  if  there  he  a  jiarallel  or  coiiverjiiuj;; 
street  on  one  side  of  the  street  to  be  improved  to  fix  and  locate  the  district 
Hue,  then  the  district  line  on  the  other  side  shall  he  drawn  jiarallel  to  the 
street  to  he  improved  and  at  the  averaf>e  (Hstaiice  of  the  opjiosite  district 
Hue  so  li.xed  and  located.  I'rovided  that  if  any  ])i'o])erty  in  a  district  estah 
lished  as  herein  ]n-o\  ided  is  not  liable  to  s];ecial  assessment,  the  city  shall 
pay  the  |iro|iortion  of  (  ost  of  the  improvement  which  would  have  been  as 
sessed  ai;ainst  such  pro|ierty.  All  of  the  jiroperty  in  the  lots,  blocks  or 
tracts  oi'  land  lyiui;  belwcen  the  streets  to  be  imjiroved  and  the  district 
lines  eslablished  as  above  specilied.  shall   constitute  the  district  aforesaid. 

Si  .•     Mlitl-     at     •■ml     nf     this    KlrLtiOIl. 

S|M'<*i!iI  taxes  lor  construction  of  sidewalks,  apportioned  by 
front  foot  rule. — The  cost  of  i-oiistrurtiou  of  all  siilcwalks  shall  be  ai)por- 
tioiied  as  foUows  :  The  gradiug'  of  all  sidewalks,  aud  the  total  cost  of  eonstructiou 
or  reconstrnction.  jiaviiif;  or  repavinj^.  inchidini;-  the  cost  of  preparing  the 
ground  for  the  sui)erstructure.  jdaciiig  foundation  and  the  wearing  surface 
of  all  side\\alks  and  necessary  intersections,  shall  be  levied  and  assessed 
as  a  special  tax  upon  each  lot  or  jiarcel  of  ground  abutting  the  sidewalk 
so  constructed,  reconstructed,  jiaved  or  repaved  in  the  |)roportion  that  the 
front  feel  of  each  lot  or  parcel  of  ground  so  abutting  such  sidewalk  bears 
to  the  total  linear  feet  of  all  the  pro])erty  abutting  the  iiupro\cment.  ami 
shall  be  collected  as  hereinafter  provided. 

Sr..    iiotp   at   end  of   this  si^ction. 

Ti'rnis  "  re<u)nstru«'tiou "  and  "repavinj;"  construed  — 
partial  iniprovenients  by  reconstruction  and  repaying:  per- 
mitted— contracts  for  improvement  of  sidewalks  i-onsidered 
distin«-l  from  (hose  of  streets,  etc.  —  culverts  and  partial 
jjradiny  of  stri'cts. — The  term  (s)  ••rHcoiistriicting"'  ami  ••rcpaviiig" 
as  herein  employed,  shall  be  construed  to  give  full  jxiwer  aud  authority 
to  reconstruct  or  re])avi'  l>y  removing  the  toundatiou.  curbing,  guttering, 
and  Wearing  surfarr  of  tin-  roadway  ]iaviug.  or  only  such  portion 
of  an\  or  all  thereof  as  ilie  ordinance  may  jn-escribe.  and  thereafter  from 
lime  1(1  lime,  smh  sireel  may  be  additionally  imju-oved  if  so  ordered,  by 
ordinance,  and  the  cost  of  the  additional  improvement  assessed  as  a  sjtecial 
lax  in  like  manner  and  to  the  same  etl'ect  as  the  original  iin])rovement ;  aud 
jtroridcd.  ftnilici-.  that  the  roadway  of  streets,  avenues,  boulevards  or  i)ub- 
lie  highways  may  be  improved  as  herein  jirovided.  irresjiective  of  sidewalks 
and  the  contiacls  therefor  shall  be  deemed  separate  and  independent  of  the 
conlracis  for  the  improvement  of  sidewalks.  Provided,  that  nothiug  in 
this  seel  ion  shall  be  construed  to  prevent  the  city  from  constructing  cul 
verts  and  paiTially  grading  streets,  to  make  them  ])assab]e  in  advance  of 
their  improMMiienl.  at  the  expense  of  general  revenue,  or  by  the  labor  of 
|irisoners  in  the  workhouse. 

S,-f  tu>t<-  at  t-ntl  of  this  section. 

Special  taxation  for  improvement  of  alleys.— The  total  cost  of 
grading,  i-egradiug.  |irep,-n-iug  tbr  roadway  for  all  the  superstrui-t\irc.  plai-iug 


Airr  VI,  See-.  14  I  i-ii.\uTi-;r«  f)i-'  Tin-;  eiTV  of  st   loims.  397 

fdiimlatioii  mill  roiuhvay  pitvintr  of  all  alli'.vs.  shall  In-  levied  and  assessed  as  a 
spceial  lax  iiiioii  all  lots  in  the  liloik  in  wliieh  llic  allc.v  is  located  in  tlic 
|iro|ioi-l  ion  ihal  llie  area  of  each  lot  in  such  hlock  alVorded  access  liv  such 
alle\  U-ais  to  ilie  total  area  of  all  tlie  lots  in  such  hU)(k  so  alfoi-ded  access, 
ami  shall  he  collected  as  lu'reinaft<'r  provided. 

S*'t'  notf   lu'lnw. 

"Lot"  (h'liiH'd 'rill'  uuni  -lot"  as  used  in  this  section,  shall  lie  held 

lit  mean  the  lots  as  shown  liv  i-ecorded  jilats  of  additions  or  suli divisions. 
Itnl  if  thi'fe  he  no  such  recordeil  plat,  or  if  the  owners  of  pi-opei'l\  have 
disregarded  the  lines  of  lots  as  platted,  and  have  treated  two  or  nioi'e  lots 
or  fi'aciioiis  thereof  as  one  lot.  then  the  whole  parcel  of  i^tound.  or  lots  so 
Iri'ated  as  one.  shall   he  reuarded  as  a   lot    for  the  |nnpiisi>s  hereof. 

Amruiliiii-nl:  This  .strtlon  i.s  an  lUntiKlliiin t  jiiussiil  at  II]. ■  ilialtrr  I'ltTtlon  (if 
Oct.    JJ.    i:'Oi 

OnnDiinif  imivUlonM  upon  strt't-t  fonstructlons  and  repairs  (antl  prevontlnB  ob- 
-struitloiis).  SL'r  H.'V,  Codi".  Oliap.  12.  Art.  2.  sees.  S$4-940:  see  also  a.s  to  duties 
of  B.  P.  I.  recommending  ordinances  U.  C.  sees.  1913.  1919:  and  what  conditions 
to  be  contained   In  contracts  let   by   board   K.  C.  270.  1919  rl let. 

For  illHtln4*tlon  between  exercise  of  eminent  domain  by  taking  property  for  a 
public  use  such  as  a  street,  and  the  exercise  of  the  taxing  power  by  raising 
funds  to  pay  for  property  .10  taken;  and  also  for  distinction  betwei'n  Issuance 
of  tax  bills  for  bi-neflts  because  of  street  openings,  and  tax  bills  for  public 
Improvements,  see  note  to  sec.  2  of  this  article;  see  also  Keith  vs.  Kingham. 
100  Mo.  300:  St.  Louis  vs.  Bus.  159  Mo.  9.  12;  Burgess.  .1..  in  Heman  Const.  Co. 
vs.   Wabash   (Sup.  Ct.  July  2,  1907.  not  at  this  writing  reported). 

\h  to  Ibr  MlrlelnrMM  with  which  the  legal  conditions  precedent  to  Imposition  of 
special  taxation  for  street  construction,  etc..  and  the  contract  provisions,  must 
be  complied  with,  see  In  connection  herewith  note  to  sec.  2n  of  this  article: 
as  to  same  respecting  strc'ct  openings  and  ben<'tlt  assessments  therefor,  see  not»' 
to  sees.    1   and   2  of  this  article. 

Thr  vnlldltjr  of  IhU  Hrelion  (14)  was  attacked  as  being  unconstitutional  on  a 
nuntber  of  grounds  but  il  was  sustained  as  valid  in  all  respects:  Meier  vs.  St. 
rx>ul8,    ISO   Mo.    391.    40S,  and   cases  cited. 

.Hp«clnl  nMNrNMHieatN  for  public  Improvements  are  not  referable  to  the  power 
of  I'mlnent  donuiln.  but  are  referable  to  tlie  taxing  power  and  sustained  there- 
under: M.ier  vs.  St.  lx>uls.  ISO  Mo.  391.  lOS;  Independence  vs.  Gates.  110  Mo. 
374,  380  (the  court  pointing  out  that  this  species  of  taxation  cannot  be  defended 
on  logical  grounds,  but  Is  upheld  as  a  matter  of  law):  Keith  vs.  Bingham.  lOli 
Mo.  300;  Farrar  vs.  St.  L.ouls,  80  Mo.  379  (with  a  review  of  the  prior  cases,  tile 
court  holding  that  the  city  "might  adopt  any  method  In  apportioning  the  cost 
which  the  legislature  could  adopt."  p.  393).  In  holding  such  special  taxation 
valid.  Burgess.  J.,  in  Heman  Const.  Co.  vs.  Wnbasli  H.v..  (Sup.  Ct.  July  2,  1907. 
not  at  this  writing  reported)  says:  "While  a  distinction  is  made  between  local 
assessments  and  tax»'s  levied  fiir  general  revenue  purposes,  in  that  an  assess- 
ment fi»r  a  local  pri>ceedlng  is  nt>t  a  tax  within  the  meaning  of  the  constitutional 
pro\'islon  for  uniformit.v  of  taxation,  it  is  in  a  sense  a  tax.  nt»t  however  for 
the  purpose  of  sustaining  tli<'  government,  but  Imposed  upon  individual  property 
upon  the  theory  that  such  |>roperty  receives  a  special  benellt  different  from  the 
general  one  which  the  owner  «'nJo\-.,i  In  ci>n)nion  with  others;  In  other  wonls 
an    assessment    for    beneOts." 

What  property  In  Muhjecl  i«»  niteelnl  lu&ailoii:  State  constitutional  provisions 
on  taxation  are  held  to  !>■'  inapplicable  to  special  taxation:  Meier  vs.  St.  I^>uls. 
ISO  Mo.  Vi\,  inx.  Karrar  vs.  St.  I..ouls.  Ml  Mo.  379  (reviewing  the  casi-s):  St. 
Joseph  vs.  Owen.  110  Mo.  1.  c.  4.i5:  Adams  v.s.  Llndell.  72  Mo.  19S;  see  cases 
cited  In  BarbiT  Asp.  Co.  vs.  St.  Joseph.  1S3  Mo.  1.  c.  4.iS:  llemnn  Const.  Co.  vs. 
Wnbnsh   U.   R.    (Sup.  Ct.  In  banc,  July   2.   1907.   not  .vet  reported). 

Hence  the  compensation  clause  under  eminent  domain  for  properly  taken,  uni- 
formit.v clause,  taxation  according  to  value  clause,  etc..  do  not  affect  such  legls- 
latlon:  See  cases  citeil  above,  especially  Meier  v.s.  St.  Louis  (uniformity  clause, 
etc.).  Keith  vs.  KIngham  (eminent  domain  and  compensation  Inapplicable):  Heman 
Const.  Co.  vs.  Wabuah.    m/ru  ( uniformity   clause,  etc.) 


398  CHARTER  OF  THR  CITY  OF  ST.  LOLTIS.  [ART.  VI.  Sec.  14. 

Constitutional  provisions  of  exemptions  from  taxation  do  not  apply  to  special 
taxation:    Clinton   vs.   Co.,    115  Mo.    557. 

Statutory  exemption  of  a  company  or  association  from  "all  taxes"  does  not 
include  exemption  from  special  assessments:  Sheehan  vs.  Good  Samaritan  Hosp.. 
50  Mo.  155;  State  ex  rel.  vs.  Kansas  City.  S9  Mo.  34,  39;  Railroad  vs.  Decatur, 
147  U.  S.   190. 

Church  property  is  subject  to  it  as  any  other:  Lockwood  vs.  St.  Louis.  24 
Mo.   20. 

The  city  cannot  enter  into  an  agreement  that  property  shall  not  be  subject 
to  special  taxation;  such  agreement  is  void:    Vrana  vs.  .St.   Louis.   164  Mo.  146. 

Being  "a  public  highway"  does  not  exempt  railway  property:  Nevada  vs.  Eddy, 
123  Mo.  546,  560.  Heman  Const.  Co.  vs.  Wabash  R.  Co.  (Sup.  Ct.  in  banc,  July  2. 
1907,   not  at   this  writing   reported);   see   also   Railroad   vs.   Decatur,    147   U.    S.    190. 

It  was  held  by  the  court  of  appeals  that  the  lien  could  not  be  charged  against 
the  abutting  right  of  way  of  a  railroad  company  (Sweeney  vs.  Railroad,  54 
Mo.  App.  265.  See  also  Bank  vs.  Haywood,  62  Mo.  App.  265)  but  the  Supreme 
Court  in  Heman  Const.  Co.  vs.  Wabash  R.  Co.,  supra,  expressly  overruled  that 
case  and  holds  that  the  railway  property  is  subject  to  special  taxation  like 
any  other.  At  the  last  session  of  the  legislature  an  act  was  passed  making 
the  railroad  property  liable  to  special  taxation  in  cities  as  in  case  of  other 
propert.v  and  persons:      Session  Laws  1907.  pp.   92-93. 

.So   in   case   of   Burial   Grounds.   Laws   1907.   p.    S6. 

But  public  property,  held  for  public  uses,  is  not  subject  to  a  special  tax.  since 
it  cannot  be  held  therefor,  except  in  so  far  as  the  law  making  power  so  desig- 
nates:     St.  Louis  vs.   Brown.   155  Mo.    545,   560;   Barber  Asp.  Co.    vs.   St.   Joseph.   1S3 

Mo.    451.    455. 

The  provisions  of  the  U.  S.  Constitution  are  generally  not  applicable  to  protect 
against  special  taxation:  French  vs.  Barber  -Asp.  Co..  181  U.  S.  394.  reviewing 
the  prior  cases  in  that  court,  and  affirming  s.  c.  15S  Mo.  534.  and  explaining  and 
interpreting  the  case  of  Norwood  vs.  Baker.  172  U.  S.  269.  In  the  last  case 
(subject  to  the  later  modification  as  explained  by  the  U.  S.  Supreme  Court)  the 
limits  were  pointed  out  beyond  which  the  courts  would  annul  special  taxation 
as  void  for  unconstitutionality  where  same  was  unreasonably  oppressive  in  its 
operation.  See  vigorous  dissenting  opinions  as  well  as  majority  opinions  in 
both  the  above  cases  in  U.  S.  Supreme  Court.  The  limitations  put  on  the 
Norwood-Baker   case   have   been   followed   in   subsequent   decisions. 

A  law  is  not  unconstitutional  because  it  makes  it  possible  that  the  assessment 
for  benefits  is  greater  than  the  benefits  can  possibly  be:  Railroad  v.s.  Barber 
Asp.  Co..   197  U.  S.  430,  433. 

Kroiil  foot  tax  under  former  provisions  upheld:  Paving  Co.  vs.  Peck.  186  Mo. 
506,  515-516;  Paving  Co.  vs.  Munn.  1.S5  Mo.  552.  563  (Kansas  City);  French  vs. 
Barber  Asphalt  Co..  181  U.  S.  324.  affirming  s.  c.  158  Mo.  534;  Heman  vs.  Gilliam. 
171    Mo.    258.    264;    Farrar   vs.    St.    Louis.    SO   Mo.    379.   and   cases   cited. 

Under  the  new  charter  amendment  only  one-fourth  of  the  entire  cost  is  assessed 
according  to  the  ground  fronting  or  adjoining  on  the  improved  street;  this 
includes  all  lots  abutting  the  improved  street,  whether  the  latter  be  the  main 
street  upon  which  they  "front,"  or  a  side  street  which  they  "adjoin,"  and  the 
pro  rata  is  independent  of  the  depth  of  the  lot:  Collier  Est.  vs.  Paving  Co.,  ISO 
Mo.    362.    374. 

Area  district:  The  validity  of  both  the  front  foot  and  area  district  is  settled 
beyond  question:  Collier  Estate  vs.  Paving  Co..  ISO  Mo.  362.  374;  Prior  vs.  Const. 
Co..  170  Mo.  349.  448.  and  cases  cited.  Farrar  vs.  St.  Louis.  80  Mo.  379.  393 
(holding  that  the  city  "might  adopt  any  method  in  apportioning  the  cost  which 
the   legislature   could   adopt");    St.   .loseph   vs.   Farrell.   106   Mo.    437. 

Till-  benefit  <li.striet,  under  the  new  eliarter  provislon.s,  and  the  method  of  ascer- 
taining same,  has  received  a  full  and  elaborate  discussion  in  the  case  of  Col- 
lier Est.  vs.  Western  Pav.  Co..  180  Mo.  362.  decided  by  the  court  in  banc;  the 
court  points  out  the  general  midway  line  rule  to  be  observed  under  the  new 
provisions  and  under  what  conditions  the  same  is  altered  by  the  exception  thereto 
made. 


#• 


AKT.  VI.  Sec,  U.\  CHAKTiOU  OK  THK  CITY  OI''  ST.  LOUIS.  399 

The  words  "fronting."  "ailjolnlng"  and  "abutting:"  as  used  In  the  aniendnitnt. 
are  not  synonymous:    Collier's  Kst.  vs.  PavInK  Co..  supra. 

And  In  the  exception  to  the  "midway  line"  In  the  charter  which  provides  that 
"If  the  property  adjoining  the  street  to  be  Improved  Is  divided  Into  lots,  the 
district  line  shall  be  so  drawn  as  to  Include  the  entire  depth  of  all  lots  (ronline 
on  the  street  to  be  Improved."  etc.  The  words  "fronting  on  the  street  to  bo 
Improved"  refer  only  to  the  street  on  which  the  buildings  /rout:  Collier  Kst.  vs. 
Paving  Co..  ISO  Mo.  362:  Meier  vs.  St.  Louis.  ISO  Mo.  ;tC2,  410  (the  court  observing- 
that  It  did  not  modify  the  ease  of  Wolfert  vs.  St.  Louis.  115  Mo.  i:i!».  In  a  caso 
where   applicable). 

Definition   of   "Lot":      Collier   Est.    vs.    Paving  Co.,    ISO   Mo.   362. 

The  benefit  district  for  platted  lots  (under  the  new  charter)  which  lots  end  on 
the  mhlway  line,  e.xtentls  only  to  such  midway  line,  although  the  ownt-r  dis- 
regarded the  lot  lines  and  for  residence  purposes  use  them  as  one  lot  extending 
beyond  the  midway  line  and  from  street  to  street:  State  ex  rel.  vs.  Paving  Co..  183 
Mo.  230:  Collier  Est.  vs.  I'aving  Co.,  ISO  Mo.  362. 

Where  the  platted  lots  extend  beyond  the  mldwa.v  line  the  benelU  district 
should  Include  them  to  their  entire  depth,  deviating  to  that  extent:  State  ex  rel. 
vs.   Paving  Co.,  183  Mo.  230. 

Where  the  tract  fronting  the  street  Is  unplatted  (or  if  so,  the  platting  is  un- 
recorded) only  that  part  between  the  Improved  street  and  the  midway  line  to 
the  next  parallel  street  should  bo  Included:  State  ex  rel.  vs.  Paving  Co..  183 
Mo.  230:  Collier  Est.  vs.  Paving  Co..  180  Mo.  362:  Meier  vs.  St.  Louis,  180 
Mo.  391. 

I'nilrr  llie  old  provlNion  a  judgment  declaring  liens  against  two  lots,  in  aggre- 
galt".  where  suit  brought  on  two  bills  against  two  different  lots  belonging  to 
same  person,  is  erroneous:  nrm  ksihniidi  v.s  Civi-iiiler  (memo,  opln.)  3  Mo. 
.-\pp.    568. 

And  If  several  contiguous  lots  are  treated  as  one  lot  the  assessment  is  void 
and  will  not  authorize  a  separate  Judgment  as  to  each  or  against  the  whole: 
Christian   vs.  Taussig,   8  Mo.   App.    (memo,  opln.)    602. 

Unless  the  two  lots  are  used  as  one  in  wlilch  case  they   may   be  treated  as  one 

lot  In  assessing  special   tax   bills  against  them,   whether   Improved  or  not:    Loovy 

vs.    Const.    Co.,    64    Mo.    App.    430:     Hill    0"Meara    vs.    Sessinghaus,  106    Mo.    App. 
163.   and    cases   cited. 

.%rllaiii>  un  Mprrlnl  tiix  bllln,  essentials  thereof  and  incidents  thereto,  etc.,  see 
notes   to  sec.   2.'>  of   this  article. 

The  notice  lo  the  iiroperty  onnern  of  the  proposed  meeting  of  the  board  is 
sufticlent  wlien  naming  a  ilay,  hour,  and  place  of  meeting  for  the  purpose  of 
considering  the  matter  of  reconstructing  with  asphaltum  certain  designated 
streets,  even  though  a  particular  kind  of  asphaltum  had  already  been  de- 
termined on:  Verdln  vs.  St.  Louis,  131  Mo.  26,  81  fi  sta.;  see  Sherwood,  J.,  on 
p.    158  tl  stq. 

The  notice  to  the  property  owners  of  the  material  to  be  used  Is  sufllclent.  If 
the  published  notice  refer  to  the  speclHcatlons  on  file  in  the  office  of  the  board: 
Swift   vs.   St.   Louis,   180  Mo.   80,   96. 

A  notice  re<|ulred  to  be  published  a  certain  number  of  days  may  include  Sun- 
days: Barber  Asph.  Co.  vs.  Muchenberger.  lOD  Mo.  App.  47:  Clapton  vs.  Taylor. 
4!«    Mo.    App.    IIT.    126:    Curtice   vs.    Schmidt    (Sup.    Ct..    March.    r.>07)    101    S.    W.    61. 

Niillee    of    llie    lelllni:,    s.e    niile    to   sec.    27    of    this   artlch'. 

Owner  eimeliideil  to  dlnpiite  hrnefll  or  nrpmiiU}'  of  work:  Where  tlie  taxing  dis- 
trict Is  tlxed  b.v  valid  legislation,  as  Is  also  the  apportlonate  of  the  cost,  th^ 
owner  of  the  property  taxed  cannot  be  heard  to  contend  in  court  th»t  his 
property  was  not  In  fact  benefited,  that  being  a  legislative  question:  Meier 
vs.  St.  Ix>uls.  180  Mo.  391.  409.  and  cases  cited.  To  same  effect:  Prior  vs.  Con- 
struction Co..  170  Mo,  439.  4S1.  and  cases  cited.  (See  also  French  vs.  Asphalt 
Co..  181   U.  S.  324;   Railroad  vs.   Barber  Asp.  Co.,  197  V.  S.  430,  433.) 

Nor  that  there  was  no  necrssilY  for  the  construction  or  reconstruction  ^^  "le 
pavement,    that    beinc    a    b-gislative    ijuestion.    not    reviewable    In    the   absence    of 


400  CHARTEK   (»F   TH  K   CITY    OF   ST     LOUIS.  [  \ET.  VI,  Sec.  14. 

bad  faith:  Heman  vs.  Franklin.  99  Mo.  App.  346;  Skinker  vs.  Heman.  14S  Mo. 
349;  Heman  vs.  Schulte.  166  Mo.  409;  McCormlck  vs.  Patchin.  53  Mo  3.1  (holding 
the  power  to  pave  or  re-pave  is  a  continuing  one  to  be  exercised  whenever  the 
city  thinks  necessary):  Heman  vs.  Ring.  85  Mo.  App.  231,  and  cases  cited.  But 
as  to  when  the  courts  will  review  the  legislative  action  of  the  municipal  as- 
sembly and  how  far.  see  authorities  in  note  to  Art.  III.  sec.  26,  introductory 
thereto. 

Nor  in  an  action  on  a  special  tax  bill  for  benefits  assessed  on  account  of  a 
street-opening  or  widening,  can  the  defense  be  raised  that  there  was  no  benefit. 
nor  adequate  compensation,  nor  any  other  question  that  could  have  been  raised 
In  the  original  cause;  this  is  res  judicata  as  to  such  matters:  See  eases  on  this 
point    in    note    to    sec.    2    of    this    article. 

And  where  an  ordinance  is  fair  on  its  face,  objections  as  to  methods  adopted 
or  that  the  ordinance  is  void  for  want  of  authority  of  the  city,  or  for  fraud  or 
collusion,  should  be  shown  in  a  timely  suit  for  injunctive  relief:  Heman  vs. 
Ring.   S5  Mo.   App.   231. 

Maiiiteu;uiee  clauiHe,  «r  *\ork  ;iuar:iiiteed  anil  kept  Id  repair  h.i  oontraetur:  .^'-e 
notes  to  next  Sfition  nf  this  article. 

Special  taxatlun  for  cunstruotlon  of  Hidetvalks:  As  to  general  ordinance  for 
width  of  sidewalks  see  R.  C,  sec.  S99.  The  tax  bill  is  not  void  because  the 
ordinance  does  not  prescribe  the  width  of  the  walk,  if  the  suit  is  not  for  the 
making  thereof.  The  construction  may  be  done  by  one  contractor  and  the 
paving  by  another.  Nor  is  the  tax  bill  void  if  the  President  of  the  Board  does 
not  personally  compute,  levy  and  assess  the  cost,  if  he  signs  the  tax  bill:  Heman 
Const.  Co.  vs.  Loevy.  179  Mo.  455  (see  s.  c.  in  Court  of  Appeals:  64  Mo.  App 
1.   c.   434). 

Determination  of  width  of  sidewalks  cannot  be  delegated:  Ramsey  vs.  Field. 
92   So.   W.   350    (Kansas  (.'ity   Ct.   of  App.). 

Where  the  paving  is  to  be  done  by  separate  contractors  for  different  work  (one 
for  the  street,  the  other  for  the  sidewalk)  the  tax  bills  may  be  issued  on  the 
completion  of  either  to  that  contractor:    Heman   vs.   Loevy,   179  Mo.   455. 

Special  taxation  for  abatement  of  nuinaneeN:  See  Charter.  Art.  XII,  sees.  6.  7: 
Rev.   Code.   sees.    666,   667.   669. 

Partial  euiiipletiou  InNulTieient :  A  city  cannot  partially  complete  the  improve- 
ment called  for  b.v  ordinance  and  issue  tax  bills  therefor  before  full  completion 
of  the  conti-act:  Independence  vs.  Gates,  110  Mo.  374,  383;  Heman  Const.  Co.  vs. 
Loevy,  64  Mo.  App.  1.  c.  437-438  (reversed  in  179  Mo.  455  supra,  because  there  were 
two  contracts  and  the  bill  was  issued  as  to  the  completed  work  under  the  first, 
as  indicated  in  tlf  )>refeding  paragraph  of  this  note);  McGrath  vs.  Clemt^ns.  49 
Mo.  552.  ~   - 

But  of  course  this  applies  to  the  partial  fulfillment  of  the  contract;  the  city 
has  in  its  legislative  discretion  the  right  to  provide  for  the  improvement  of  such 
parts  of  a  street  and  at  such  times,  as  it  sees  lit:  Moran  vs.  Lindell.  52  Mo.  229; 
Stifel  vs.  McManus.  74  Mo.  App.  55S,  562;  Springfield  vs.  TVeaver.  137  Mo.  1.  c. 
669.  And  see  authorities  cited  in  note  to  sec.  1  of  this  article  in  how  far  street 
improvement   is   legishit ive.   and    how   far  ministerial. 

.-Vnd  that  the  contraitor  does  not  improve  the  space  between  railroad  traiks. 
which  is  a  duty  imposeil  by  law  on  the  railroad,  is  no  ground  to  defeat  the  tax 
bill:  Farrar  vs.  St.  Louis.  80  Mo.  1.  c.  393;  Bank  vs.  Hayward.  62  Mo.  Apji.  5.".n; 
Springfield    vs.    NA'eaver,    137    Mo.    650.    66S    et  .wq. 

So  also  an  imperfect  compliance  with  the  contract  will  not  prevent  a  recovery 
for  the  value  of  the  work  as  rendered  but  only  furnish  basis  for  a  reduction: 
See  express  provision  in  section  25  of  this  article,  and  note  thereto;  and  as  to 
pro  tanto  reci)\-ei-v   see  ;ilso  note  to  sec.   15  of  this  article. 

ReiiioMNtranee:  The  provision  in  the  charter  provides  that  in  case  the  owm-rs 
of  the  majoi-  part  in  area  tile  a  remonstrance  a  two-thirds  vote  of  the  B.  V.  I. 
is   require<i    to    recotnniend    the   ordinance,   otherwise   a    majority    vote. 

Where  a  remonstrance  deprives  the  city  assembly  of  power  it  lias  no  jurisdiction 
to  pass  on  ordinance  to  improve:  See  discussion  in  Sedalia  vs.  Montgomery,  109 
Mo.  App.  197,  certified  to  the  Supreme  Court  for  final  decision  as  being  in  con- 
flict with  the  decisions  of  the  Kansas  City  Court  of  Appeals  decisions  in  Sedalia 
vs.   .Scott.    104   JIo.   App.   575  and   Knopfe  vs.  Co..   92  Mo.   App.   279. 


AltT.  Vl.Sec.  1«.|  CHAFtTKK    OK   TH  K   riTV    OF   ST     I.Ol'IS.  .JOj 

A  flnding  by  thf  B.  P.  I.  (under  the-  St.  Louis  chartor)  tliat  u  majority  of  th.t 
owners  had  not  slpnod  a  remonstrance  Is  not  conclusive  (though  It  may  be  primn 
facie  evidence)  of  such  fact,  which  Is  Jurisdictional  to  the  validity  of  the  ordi- 
nance  passed   in   pursuance:    (^'onstructlon  t'o.   vs.  Oelst.   117   Mo.   App.   509.   r»l  I. 

It  Is  not  necessary  that  an  owner  should  siffn  a  remonstrance  in  person.  Iiis 
authorized  a^ent  nmy  sl^^n  for  him;  Construction  i\>.  vs.  Ceist.  :n  Mo.  App. 
ri09.  514.   515. 

An  administrator  not  legally  In  charge  of  the  real  estate  cannot  sign  as  a  re- 
rnonstrator:  Sedalla  vs,  Montgomery,  inn  Mo  App.  197.  220;  Sedalla  vs.  Scott. 
104  Mo.   App.  595.  604. 

See.  1.)  liiipro\«'iii<'iit  ordiiiiiiuT,  r<>i|iiisiteH — may  siHM-ify 
term  of  ^car.s  for  wliicli  work  shall  Uv  iiiaiiilaiii«Mi — ostimat*'  of 
<'ost  to  lt«'  «'n<lors«Ml — stri'd,  vtt-.,  to  1m'  estal>lisli«>(l  or  (l«Mlu'at<'«I 
prior  to  iniprovtMiU'iit. — All  onliiiinici-.s  rci'oiiiiufudfd  l)y  said  Hoard  shall 
specit'v  the  i-har.-ii-icrof  ilir  work,  its  cxli-iit.  tlir  material  to  be  used,  the  iiianiicr 
and  uciii'i-al  rcu'iilatioiis  uiidtT  which  it  shall  be  cKccuicd.  thr  fund  out  of  which 
it  shall  hi'  jniid  for,  ami  may  spt'cifv  a  term  of  yi-ars  for  which  thr  work  shall  ht^ 
maintained  by  the  contractor,  and  shall  be  emloi-sed  with  ilic  estimate  td' 
the  cost  thereof;  proridrd.  that  no  improvement  or  repairs  shall  be  oi'dered 
upon  any  future  street,  alley  or  liiohway  which  shall  not  iiave  heen  opiMied. 
dedicated  or  established  according  to  the  provisions  of  this  cliailer  and  law 

This  ain<-ndment   was  also  adopted  at  Charter  election  of  Ovi.   J.i.    1901. 

For  ordinances  on   this  subject,  see  R.  C.  sees.   1919.   1920. 

The  Orillniinre. — That  an  ordinance  retjulred  to  he  recomnien<Ied  by  the  Hoard  of 
Public  Improvements  Is  void  if  not  enacted  in  that  manner,  see  cases  cited  in 
note   to   sec.    17   of   this  article. 

The  power  of  a  city  to  impose  special  ta.xes  can  only  be  exercised  by  r)rdinance 
enacted  In  the  manner  prescribed  by  Charter:  Trenton  vs.  Coyle.  107  Mo.  193, 
I9B.  and   cases  cited;   Saxton    vs.   St.   .Tosi-ph.   60   Mo.    153. 

•  Tn  the  absence  of  any  evidence  to  the  contrary.  It  will  be  presiimed  that  the  of- 
ficers acted  rightly  In  passing  an  ordinance  authorizing  an  improvement,  and 
that  the  meeting  at  which  It  was  passed  was  properly  convened:  Rutherford 
vs.  Hamilton.  97  Mo.  543.  548-549:  see  as  to  presumptlvt?  regularity  in  passage 
of  ordinances  In  general,  lases  In  note  to  Charter  Art.  Ill,  sec.  12:  as  to  pre- 
sumption that  the  city  officers  act  rightly  In  case  of  tax-bills  for  Improvements, 
see  also  .\sp.  Co.  vs.  Ullman.  137  Mo.  568.  cited  In  note  to  sec,  25  of  this  article; 
and  hs   to  street  opening  cases,  see  aec.s.   1   and   2   of  this  article. 

While  It  Is  true  that  the  Municipal  Assembly  cannot  delegate  legislative  duties 
Imposed  by  the  charter,  an  ordinance  for  street  Improvements  Is  not  Invalid 
because  it  leaves  details  of  construction  to  the  discretion  of  the  street  commis- 
sioner or  other  proper  city  officers,  to  whom  some  discretion  must  nec'essarlly 
be  left:  St.  Louis  vs.  Swift.  180  Mo.  80,  91,  96:  Sheehan  vs.  Gleeson,  46  Mo.  100, 
104;  Moran  vs.  Llndell,  52  Mo.  1.  c.  231;  St.  ,Ioscph  vs.  Owen.  110  Mo,  I.  c.  455; 
Gallaher  vs.  Smith.  55  Mo,  App,  116;  Bank  vs,  Woesten,  147  Mo.  I.  c.  481-4S2;  St. 
Ixiuls  vs.  Von   Phul.   133  Mo,   I,  c,  567. 

-And  It  Is  sufficient  If  such  matters  be  regulated  hy  general  ordlnanco.  In  which 
case  the  special  ordinance  need  not  set  such  matters  forth:  Ijoevy  vs.  Construc- 
tion Co.,  64  Mo.  App.  430,  434  (see  s.  c.  179  Mo.  I.  c.  465>:  see  also  State  ex  pel 
vs.   St.    I>ouls,    56   Mo.    277. 

Specifications  ma.v  In  the  ordinance  be  referred  to  as  on  file  with  the  proper 
municipal  officer,  without  being  embodied  In  the  ordinance:  Becker  vs.  Wash- 
ington. 94  Mo.  375;  Asphalt  Co.  vs.  ITIlman,  137  Mo,  543,  570.  571;  Dickey  vs. 
Porter.  101  S.  W,  586,  .■i96  (Sup.  Ct.  March  30,  1907);  see  also  Swift  v.s,  St.  Ixiuls. 
ISO  Mo.  80,  1.  c.  96.  applying  ,samc  principle  to  the  notice  by  the  B,  P.   I. 

But  matters  of  substance  requiring  legislative  discretion  are  to  be  determined  by 
the  Municipal  Assembly  and  cannot  he  delegated  to  other  officials:  Sheehan  vs 
Oleeson.  supra;  Ruggles  vs.  Collier,  43  Mo,  353  (determining  what  streets  should 
be   paved);    St.    I.«ais   vs.   Clemens,    43   Mo,    39S;   s.    c,    53   Mo.    133    (determining   the 


402  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  [ART.  VI,  Sec.  15. 

dimensions  of  sewers);  King  Hill  Co.  vs.  Hamilton,  51  Mo,  App.  120  (determining 
what  material  paving  shall  be  made  of):  St.  Joseph  vs.  Wilshire,  47  Mo.  App. 
125  (material  of  sewer);  but  see  Gallaher  vs.  Smith,  55  Mo.  App.  116  (material 
of  sidewalk  at  option  of  contractor).  Ramsey  vs.  Field,  92  Mo.  App.  350  (Kansas 
City  Ct.  App.;  width  of  sidewalks, — but  in  St.  Louis  this  is  determined  by  gen- 
eral   ordinance). 

The  later  charter  provisions  and  decisions  have  continually  enlarged  the  power 
of  delegation,  and  this  was  called  attention  to  even  as  far  back  as  State  ex  rel.  vs. 
St.  Louis,  56  Mo.  277,  281,  distinguishing  the  provisions  in  force  under  which  Rug- 
gles  vs.  Collier,  supra,  and  St.  Louis  vs.  Clemens,  supra,  were  decided.  See  also 
Bank  vs.   Woesten,   147   Mo.   1.   c.   481-482;  Gibson   vs.   Owen,   115   Mo.    267. 

A  void  ordinance  cannot  be  validated  by  legislation  after  the  work  is  done  so 
as  to  charge  the  property  owners  with  the  improvements  thereunder:  St.  Louis 
vs.  Clemens,  52  Mo,  133,  144;  Uickey  vs.  Holmes,  109  Mo.  App.  721,  and  see  cases 
in  note  to  sec.  28  of  this  article.  Neither  can  a  right  of  action  against  the 
property  be  taken  away  by  legislation  subsequently  to  the  ordinance  and  con- 
tract under  which  the  work  was  done:      Firth   vs.   Broadhead,   7  Mo.  App.   563. 

Pro  Tanto  Reeovory:  Ordinances  for  improvements  should  be  upheld  so  far  as 
possible,  in  cases  of  partial  validity,  where  the  valid  and  invalid  portions  are 
susceptible  of  segregation,  and  a  partial  recovery  allowed:  Asphalt  Pav,  Co.  vs. 
Ullman,  137  Mo.  1.  c.  569;  Farrar  vs.  St.  Louis,  SO  Mo.  1.  c.  393;  Bond.  J.,  in 
Steffen  vs.  Fox,  56  Mo.  App.  1.  c.  23-24,  citing  Creamer  vs.  Bates,  49  Mo.  523;  St. 
Joseph  vs.  Wilshire,  47  Mo.  App.  1.  c.  133-134:  Neenan  vs.  Smith,  60  Mo.  292; 
Springfield  vs.  Weaver.  137  Mo.  650:  Eyermann  vs.  Provenchere,  15  Mo.  App.  256, 
266;  Prendergast  vs.  Richards,  2  Mo.   App.   187:  Johnson  vs.  Duer,  115  Mo.   366. 

And  the  cliarter  itself  recognizes  tliat  the  owner  can  only  defend  for  bad  or  in- 
sufficient work  by  reduction  of  the  bill,  and  after  tendering  a  just  amount  for 
the  work  done:  See  the  provisions  of  sec,  25  of  this  article  and  note  appended 
thereto. 

The  ordinance  need  not  contain  a  provision  for  advertising  for  bids:  Bambrick 
vs.    Campbell,    :!7    Mo.    App.    460,    465. 

Guarantee  of  Cimlraetor  to  .llaintain  I'uveiiient  iu  Kepair  for  a  certain  time: 
For  ordinances,  see  Rev.  Code,  sees.  884,  891,  also  Charter  preceding  section  of 
this  article.  Such  a  clause  means  that  the  work  shall  be  of  such  a  quality  that 
it  will  last  for  the  guaranteed  time  under  the  ordinary  wear  and  tear  incidental 
to  the  use  of  the  street  or  pavement  for  the  purposes  intended,  and  is  not  a  con- 
tract to  repair:  Asphalt  Co.  vs.  St.  Louis,  188  Mo.  576;  Barber  Asphalt  Co.  vs. 
Ullman,  137  Mo.  543,  566:  Bank  vs.  Woesten,  147  Mo.  467,  476;  Barber  Asp,  Co.  vs. 
Hezel,  155  Mo.  391;  St.  Louis  Quarry  Co.  vs.  Frost.  90  Mo.  App.  677,  6S.S;  Allen  vs, 
Labsap,    188   Mo,    692,    703. 

Hence  where  the  contractors  between  the  contractor  and  the  owners,  the  former 
cannot  recover  against  the  city  for  injuries  to  the  pavement,  and  if  he  repairs 
the  pavement  for  injuries  caused  by  the  city,  he  is  a  mere  volunteer:  Asphalt 
Co,  vs,  St.  Louis,  188  Mo.  576:  and  hence  payment  of  a  tax-bill  cannot  be  avoided 
because  of  a  clause  to  maintain  in  repair  on  the  ground  that  such  provision 
makes  the  contract  one  for  repair  (whicii  is  to  be  paid  by  the  city);  See  cases 
supra;    also    note    to    section    IS    of    this   article. 

Board  Spooifle.'s  Material  to  Be  Ised:  The  right  to  select  the  material  of  which 
the  paving  shall  consist  rests  with  the  Board;  and  their  action  is  valid,  though 
a  material  is  selected  which  is  owned  or  controlled  by  one  concern,  or  of  which 
the  whole  supply  is  in  the  hands  of  one  applicant,  although  competitive  bidding 
is  thereby  practically  prevented:  Swift  vs.  St.  Louis,  180  Mo.  SO;  Verdin  vs.  St. 
Louis.  131  Mo.  26;  Barber  Asp.  Co.  vs.  Hunt.  100  Mo.  22;  Paving  Co.  vs.  Field. 
18S  Mo.  182;  Field  vs.  Paving  Co..  194  U.  S.  618;  Allen  vs.  Labsap,  188  Mo.  692,  702. 
But  in  the  recent  case  of  Curtice  vs.  Schmidt,  101  So.  Wes.  61,  66-68,  decided 
March  28,  1907,  the  Supreme  Court  manifested  a  distinct  tendency  not  to  extend 
the  doctrine  of  those  cases,  and  held  that  where  the  designation  is  of  a  material 
not  of  such  peculiarity  as  to  be  manufactured  by  one  concern,  then  a  designa- 
tion of  that  material  "as  manufactured  by"  a  particular  concern  named,  is  void 
because  stifling  competition  and  throwing  open  the  door  to  favoritism:  although 
the  court  recognizes  the  doctrine  of  the  former  cases  to  the  extent  that  "if  there 
is  a  patented  article,  or  an  article  not  patented  but  in  the  hands  of  one  person 
or  company,  which  article  is  necessary  for  the  public  improvement,  and  there 
are  no  other  persons  having  the  same  general  character  of  material  which  could 


ART  VI,  Sec.  16-17]         CHARTER  OF  THE   CITY    OF   ST.    LOUIS.  403 

be  brought  Into  competition,  then  the  nuiniclpnilty  Is  not  forced  to  use  other 
clearly  Inferior  material  un  account  of  the  ret|ulrement  for  competltlvo  bld- 
UlnB." 

Kiillniiitr  of  Conti  Where  a  statute  or  charter  ro<iulres  an  estimate  of  the  cost 
of  the  eoiitemplateU  work,  such  estimate  is  a  pre-niiulslte  to  the  lettlns.  and  It 
has  bein  said  that  the  contract  must  be  within  the  price:  Dv  Soto  vs.  Showman. 
100  Alo.  .\pp.  323.  3J6.  citing  several  authorities;  see  also  as  to  the  necessity  and 
purpose  of  an  "esUmate"  and  what  Is  an  "estimate":  Booncvllle  vs.  Rogers,  101 
So.  \V.   1120   (K.  C.  Court.   App..  May   0.    1907). 

But  as  to  the  I'ffect  of  the  provision  In  the  St.  Louis  Charter,  see  Sherwood.  J., 
dissenting.  In  Verdin  vs.  St.  Louis.  131  Mo.  loc.  cit.  133;  and  In  Hill  vs.  Swlngley, 
159  Mo.  15.  4S,  referring  to  sec.  2S  of  this  article,  requiring  every  ordinance  for 
Improvenients  to  contain  a  specllic  appropriation  "based  upon  an  estimate  of 
cost,  to  be  endorsed."  etc..  the  court  says  that  "it  Is  very  apparent  that  that 
clause  refers  only  to  contracts  for  work  to  be  paid  for  out  of  the  public  treas- 
ury. The  limit  that  Is  put  on  the  price  to  be  paid  Is  the  amount  of  the  specllic 
appropriation,  not  the  estimate  submitted."  and  held  that  the  section  did  not 
apply  to  work  to  be  paid  for  by  special  tax  against  private  property  affi-cted. 
See  to  same  effect,  Selbert  vs.  Cavender.  3  Mo.  App.   421. 

Where  after  Introduction  an  ordinance  Is  submitted  to  the  Hoard  of  Public  Im- 
provements by  the  .\ssembly  with  certain  recommendations,  whicli  are  adopted 
by  the  Board  and  the  ordinance  returned  to  the  Assembly  so  amended,  but  with- 
out any  alteration  of  tlie  original  estimate  of  cost  by  the  Board,  and  as  so  re- 
submitted Is  passed  by  the  Assembly,  the  original  endorsement  is  sufficient: 
Bambrick  vs.  Campbell.  37  Mo.  App.  460.  Nor  is  a  separate  estimate  required 
for  each  street,  where  a  number  of  streets  are  Included  In  one  ordinance:  Sel- 
bert vs.  Cavender.  3  Mo.  App.  421.  But  where  the  original  ordinance  is  amended 
so  as  to  include  paving  of  otiier  streets  at  increased  cost  and  no  new  estimate 
Is  submitted,  the  ordinance  so  passed  is  void  as  Is  the  tax-blil  under  It;  KInealy 
vs.   Gay.   7   Mo.   App.    203. 

The  I'ruvlNo  that  the  highway  must  liave  been  opened,  dedicated  or  established, 
according  to  the  provisions  of  "this  Charter  a«rf  /are."  comprehends  both  statu- 
tory and  common  law.  and  does  not  exclude  a  common-law  dedication  of  a 
street:      McGlnnIs    vs.    St.    Louis,    157    Mo.    191.    19S. 

Sec.  1().  Vot<*<)f  Ass<»nil»l.v  «m  iinprox  «mii«'ii(  bills. — UpDii  tbi- nc- 
t)iiiiiu'ii(l:itii)ii  III'  :iii,v  iirdiiiaixc  liv  the  I'loard  ol'  I'lililic  lin|ir(ivi>iii(Mit.s.  the 
Assciiiltiv  sliall  li:ivt>  tlie  [)o\ver,  when  sueh  ordiuanee  shall  be  aceoiiipanied 
b\  a  ii'iiiDiistr.-iiire  as  lu'reiiiliprorc  provided,  by  a  vote  of  two-tiiirds  of  the 
iiicinlifi's  elect  of  eacli  lioiise.  and  in  all  other  <ases  by  a  vote  of  a  majority 
of  the  ini'iiilM'rs  elett  of  eai-h  house,  to  pass  such  ordinance,  and  order  the 
iiiakin^  of  such  improvement. 

As  to  presumption  that  an  ordinance  has  been  enacted  according  to  the  legal 
requirements,  see  notes  to  preceding  section:  and  as  to  such  presumption  of  regu- 
larity in  general,  see  cases  in  note  to  Art.  III.  sec.  12.  showing  that  where  two- 
thirds  vote  Is  required  it  will  be  presumed  to  have  been  so  passed;  but  sec  also 
note    to   next   section   herein    below. 

See.  17.  .Ml  onliiiaiu'cs  for  piihlic  \>  nrU.  in  hv  rt'eoiiiiiu'iuhMl  hy 
tlio  Hoitrd  of  rul>li<-  liiii>r(»\(>in«'iit.s. —  The  Honid  of  ruhlic  Improve- 
iiiciits  shall  rci'oinnicnd  to  the  Asscmtdy  all  ordinances  for  the  cstal>lishin<-iit  or 
cliaiiirc  of  frnt'lc  of  streets,  aveuiu's,  boulevards,  public  hifjiiwaysand  alleys,  and 
also  for  the  ecuistriiction  or  reeonstruetion  of  streets,  avenues,  boulevards  and 
ptililic  hijihways,  and  for  the  maintenance,  repairinjr.  li-ihtiiii;,  c'leanin^r  and 
sprinkliii;;  thereof;  for  the  construction  or  reconstruction,  maintenance, 
repairiiifi.  ii^litiufi  and  cleaiiin<;  of  alleys:  for  the  constructioii  or  recon- 
struction, maintenance  and  rei>airin<i  of  sidewalks  ;  for  the  construction  or 
reeonstructit)!!  and  the  repairs  of  sewers,  and  all  ordinances  lor  the  doing 
of  all  other  public  work  of  every  nature  and  kind  which  is  re(|uired  by  this 
Charter,  or  by  ordinance,  to  be  done  under  the  su|iervisioii  of  saiil  Uoiird. 
or  of  any  of  the  niemlKTs  thereof. 

Amendment   paa.ied  Oct.    22.   1901.   !<iiliiiiiU<'d   by  ordinance   20444. 


ffj^  CHARTKK  OF  THK  CITY  OF  ST.    LGIHS  [ART.  VI. -Sec.  \S. 

Whert^  tUe  reconiini'iiiijition  of  the  Board  of  Public  Inipi'Ovonients  is  retiilired.  it 
is  Jiiri.sdictional.  and  an  ordinaneo  without  it  is  invalid:  St.  Louis  vs.  Franke, 
78  Mo.  41;  St.  Louis  vs.  Gleason.  93  Mo.  33.  37  (both  these  cases  under  superseded 
cliarter   provisions,    hut    the    principles   are    still   applicable). 

And  wliere  a  majority  of  the  owners  remonstrate,  it  was  held  (when  in  such  case 
a  unanimous  recommendation  was  retjuired  by  the  then  charter*  that  an  ordi- 
nance was  void,  where  the  board  erroneously  found  that  a  majority  had  not 
remonstrated:  such  fact  cowld  be  shown  as  being  jurisdictional:  Const.  Co.  vs. 
Geist.    37    Mo.    App.    509. 

The  ordinance  is  valid,  although  after  it.s  intr{)duction  the  Assembly  submits  :i 
sugrgestion  for  amendment  to  the  Board,  which  is  adopted  and  embodied  in  th.' 
ordinance  by  the  Board,  the  ordinance  being  returned  to  the  Assembly  witli 
recommendation  for  passage  without  altering  the  endorsement  of  estimated  cost, 
and   thereupon   passed:      Bambrick  vs.   Campbell.   37  Mo.   App.   460.   463. 

Klevution  of  streets  and  alleys,  how  determined:  See  note  to  sec.  1  of  this 
article. 

Sec.  18.    Ap[)ortioiiineiitof  <^<>st  of  iiiiprovenieiit  — portion  i)ai<i 
by  the  city  and  property  owners  respeetively — no  limit  to  special 
taxation. — The  co.st    of  i-Du.struction  or  nH'oustructiou  of  all  the  forco-oino- 
improvoiiic'iits  within  Ww  city  shall  be  apjKH'fionetl  as  follows:     The  r(*<jra(l 
in<^  of  strwts  and  sidewalks  lo  conform  to  the  change  of  j;i-ade  thereol',  tli(> 
lightinj;  tif  boulevards,  alle.vs,  streets,   avenues  antl   jmblic   highways,   and 
the  repairs  of  streets,  avenues  and  public  highways,  shall  be  paid  out  of 
the  general  revenue  of  the  city.     The  grading,  improving,  ct)nstructing,  re 
constructing,  maintaining,  repairing,  cleaning  and  sprinkling  of  all  boule- 
vards sliall  be  paid  by  special   fax  bill  as  in  this  article  hereinbefore  pro- 
vided; tho  grading,  regrailing,  preparing  th<^  roadway  for  the  superstrud 
ure,  placing  foundation  and  roadway,  paving  of  all   alleys,  shall  be  ])aid 
by  special   tax  bill  as  hereinl>efore  in   this  article  ])rovided;   the  construe 
tion,  reconstruction,   paving  or   repaving,   including  the  cost  of  preparing 
the  ground  f(n-  the  suiierstructure,  placing  foundations,  and  the  wearing 
surface  of  all  sidewalks,  shall  be  paid  by  S]iecial  tax  hills  as  hereinbefore 
in  this  article  provided  ;  the  grading,  preparing  of  the  roadbed  for  supei- 
structure,  jjlacing  foundations,  curbing,  guttering,  wearing  surface  of  the 
roadway    paving,   cross-walks,    including   all    intersections   of   streets,    ave 
Dues,  highways  and  alleys,  sluiil  lie  (laid  by  sjiecial  tax  bill   in   the  niaimer 
hereinbefore  in  this  article  provided.     The  rei>aiis  of  all   alleys  and  side 
walks  shall  be  charged  u]>on  the  adjoining  property  as  a  special   tax.  and 
shall  be  collected  and  paid  as  hereinafter  provided. 

Till-*  iiniendnient,  also,  was  adopted  at  the  election  on  Oct.  22.  1901.  submittcl 
under  ordinance   20444. 

The  \-alidit>'  of  special  taxation,  though  not  sustainable  on  any  logical  ground. 
is   no   longer  to   be   riuestioned:      See   cases  cited   in   note   to   sec.    14    of   this  article. 

l\y  the  present  amendment  no  limit  is  placed  to  the  amount  chargeable  by  way 
of    special    taxation    on    the    property    owner,    whereas    formerly    the    limit    was    25 
per    cent    of    the    assessed    value.       Reference    to    decisions    upon    the    old    law    on 
this    point   are   therefore   omitted.      It    is   also    to    be   observed    that,    differing   from 
;  the  former  law.    repairs,    for  alleys,  sidewalks  and  boulevards  are  now   paid  for  by 

special  tax.  as  well  as  construction  work.  etc.  On  this  and  other  points  the 
changes  must  be  borne  in  mind  in  determining  the  application  of  the  cases 
ci^ted  below. 

UcpiiIrN  of  streetH  to  Be  \*n\A  \\y  VWy:  l''or  ordinances  on  repairs,  sei*  K.  C  sec. 
.S90.  and   following. 

A  contract  providing  for  special  deposit  by  a  contractor  to  maintain  his  con- 
struction work  for  a  certain  period  i.s  not  a  contract  for  repairs  (which  is  re- 
quired to  be  paid  out  of  general  revenue),  but  is  to  insure  fidelity  for  the  char- 
acter of  the  work  in  the  first  instance,  and  a  special  tax  hill  cannot  be  avoided 
on  that  ground:  See  Allen  vs.  Labsap.  1S8  Mo.  692.  703.  and  mimerous  ca.ses  citei 
in  note  to  sec.  15  of  this  article. 


AKT    VI    S*c    >9  1  OHAUTKH    OK   TIIK    CITY    OF    ST     IXH'IS.  405 

That  siirli  a  guarantee  of  mnintcnanut'  for  a  certain  minibor  of  ytara  in  a  con- 
tract for  construction  Is  not  a  contract  for  repair,  hut  only  a  guarantee  of  the 
t)ualjty  ftf  thi'   work,   see  cases  dtcil   In    noti'   to  sec.    !."»   of   this  article. 

Distinction  hetweon  rules  applicabl<'  to  streets  and  those  applicable  to  alleys 
and  sidewallis  (before  amendment):  Sltlnker  vs.  llenian.  US  Mo.  3-19.  359.  re- 
citing  the  charter  provisions  Itefore    the   present  amendment. 

.\s  to  wliat  is  to  be  considered  as  repairs  and  wliat  re<*onstruction.  see  Karrell 
vs.  Kammolkamp.  ti4  Mo.  App.  42r>.  42!':  Perklnson  vs.  Sclinaake.  lOS  Mo.  App.  2SS, 
and  cases  infra. 

Repairs  must  be  paid  by  the  city  and  the  city  cannot  shift  the  cost  on  the  abut- 
tluB  owner  hy  cnllinK  the  work  reconstruction:  O'Meara  vs.  Green,  25  Mo.  App. 
I9S;  and  abuttinK  owners  are  not  liable  for  repairs  where  the  streets  were  oon- 
structpil  before  thf  locality  was  taken  Into  the  city  limits:  O'Meara  vs.  Green, 
lii    Mo     .\pp.    lis. 

Nor  cen  tlicre  be  a  recovery  on  a  special  tax  bill  for  repairs  (allowable  under 
former  charter  provision),  where  the  work  was  reconstruction:  Farrell  vs.  Rain- 
melkamp.  61  Mo.  App.  •I2ri,  42S;  the  latter  requiring  an  ordinance  to  authorize  the 
work,  but  repairs  beluB  permissible  under  the  order  of  the  street  commissioner 
on  notice  to  the  owner:  KItterskamp  vs  Stlfel,  59  Mo.  App.  510.  (See  in  con- 
nection   herewith    R.   C.   sees.    904    to   910.) 

X'nder  the  old  provision  which  provided  that  the  cost  of  "paving,  guttering  and 
materials  shall  be  charged  upon  the  adjoining  property."  etc..  it  was 

held  that  where  four  lots  were  sought  to  be  charged  in  one  tax-bill,  one  of  which 
adjoins  the  Improved  street  and  all  four  fronting  on  a  cross  street,  an  aggregate 
assessment  cannot  be  made  against  all  the  lots,  unless  it  be  shown  that  all  were 
used  as  one  lot  by  the  owners:  Paving  Co.  v.s.  Peck.  ISG  Mo.  506.  Under  that 
provision  (before  amendment)  there  was  full  authority  to  charge  the  cost  of 
paving  allrys  against  the  adjoining  property:  lleman  vs.  Gilliam.  171  Mo.  258, 
2fi4. 

As  to  cost  to  intersections  of  streets,  and  for  "grading."  "cross-walks"  and 
"curbing."  see  Gibson  vs.  Kayser,  IC  Mo  .^pp  404:  intersections:  See  Allen  va 
Krenning,     23     Mo.     .\pp.     561. 

NUISANCKS— OHANGK  OK  GRAIiK. 

Sfc.  !!•.  Niiisiinces  caused  by  piiblicworksto  bo  abated  by  city — 
«laiiia^«'s  by  cliaujji'of  v:ra»l«'  to  be  pai«l  by  city.  —  Wlniuvcr  a  imisance 
i.s  ciiiisicl  iii'iiii  |iii\;iic  |ir(i|icri\  li\  ;iii_\  work  iir  iin|pr<i\('iii('iit  doiic  Iiv  an(] 
for  the  (  ii\.  till'  siiiiic  shall  !)•'  abated  at  tlie  pxjk'ukc  of  the  city;  and  wlioii 
(•\('r  a  ^radi'  of  llic  strc<'l  is  tixt'd  hy  the  city  and  an  iinprovenuMit  siiall 
liavi-  bot'ii  m:\Ac  in  <  oiifuriiiii\  I  hereto,  if  the  city  shall  thereafter  alter  such 
>;rade  to  the  daiiia;;e  of  such  ini|>rovi'iiient.  the  city  shall  iiideiiinify  the 
owner  of  the  iiniiriiveineiit   for  such  damap-. 

%iil«>inei->:  As  to  the  powers  of  the  city  where  the  nuisance  is  not  caused  by 
•  he  city,  but  by  third  persons,  see  Charter  Art.  III.  sec.  26,  clause  6:  Art.  XII. 
aces.  6.  4.  3:  Rev.  Code.  Chap.  XI,  Art.  12  (sees.  584-689)  and  notes  thereto. 

Kor  atnlntory  provlMlt>nM  n-MiM-etlnic  ehnnice  uf  Kmde,  see  R.  S.  1899.  sees.  62.'!^ 
et  sef|..  which  are  set  out  herein,  with  not.s,  under  "Ijiws  Specially  Appllcahl« 
to   St.    Ixiuis."    in    Chap.    32.   sees.    686-590. 

ChnnKr  of  Kradpi  Prior  to  the  constitution  of  lH7.'i  the  city  in  the  legitiinnto 
exercise  of  Us  powers  could  change  the  grade  by  ordinance  without  being  liable 
for  consequential  damages,  unless  the  Injury  could  l»e  shown  to  have  resulted 
from  the  negligent  or  Improper  manner  In  which  the  work  was  done:  St.  Louts 
vs.  Gurno.  12  Mo.  415;  Taylor  vs.  St.  bouis.  14  Mo.  23:  Hoffmann  vs.  St.  Loul*. 
15  Mo.  651.  (A  contrary  decision  was  made  In  Thurston  vs.  St.  Joseph.  51  Mo. 
510.  but  the  former  rule  was  again  followed  in  later  cases) ;  Schattner  vs.  K.  C 
53  Mo.  162:  Imlcr  vs.  Springlleld.  55  Mo.  11);  Wegman  vs.  Jefferson.  61  Mo.  S'- 
Stewart  vs.  Clinton.  79  Mo.   603;  and  see  dicta  in   the  cases  below  cited. 

To  uproot  this  doctrine  the  Constitution  was  so  amended   in   1S75  that  com, 
satlon  was  required  when  property  was    Jamntiii   as   well   as   taken    for  public   use. 
and    since    that    time    It    Is  settled    low    that    when    property    Is   damaged    by    estab- 


400  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  [ART.  VI.  Soc.  19. 

lishing  the  grade  of  a  street,  or  by  raising  or  lowering  the  grade  already  es- 
tablished, it  is  damaged  for  public  use  within  the  meaning  of  the  Constitution: 
Hickman  vs.  Kansas  City.  120  Mo.  1.  c.  116;  Werth  vs.  Springfield.  78  Mo.  107,  110; 
Householder  vs.   K.  C,   S3  Mo.   488;  Clemens  vs.  Ins.   Co.,   184   Mo.   1.   c.   53. 

And  it  is  also  well  settled  that  the  constitutional  provision  is  self-enforcing, 
and  although  the  legislature  may  have  enacted  no  law  providing  for  a  mode 
for  ascertainment  and  payment  of  the  compensation  provided  for,  resort  may  be 
had  to  any  common  law  action  affording  an  appropriate  means  of  redress: 
Hickman  vs.  Kansas  City.  120  Mo.  110,  117;  Householder  vs.  K.  C.  83  Mo.  488; 
Keith  vs.  Bingham,  100  Mo.  300;  Sheehy  vs.  Cable  Co.,  94  Mo.  574,  578  et  sea. 

And  a  statutory  remedy  purporting  to  be  an  exclusive  remedy  must,  in  order  to 
be  exclusive,  be  commensurate  with  the  constitutional  right  and  the  remedies 
which  by  force  of  the  constitution  the  owner  is  entitled  to  for  his  protection: 
Hickman  vs.  Kansas  City,  120  Mo.  110,  118-119;  Markowitz  vs.  Kansas  City.  125 
Mo.    485. 

Under  the  statutes  (see  present  statutes  cited  at  beginning  of  this  note),  the 
city  may  institute  proceedings  for  assessment  of  damages  and  benefits  on  change 
of  street  grade,  without  the  consent  of  the  owners  of  the  property  affected:  St. 
Louis  vs.   Lang.   131  Mo.   1.  c.   421. 

As  to  what  is  a  final  judgment  in  such  a  proceeding,  and  that  final  judgment 
cannot  be  rendered  as  to  some  and  not  others  on  the  commissioner's  report, 
so  as  to  allow  an  appeal,  see  St.   Louis  vs.  Nelson.   169  Mo.   461. 

A  railroad  company  is  as  much  liable  as  a  city  for  damages  in  causing  a  change 
of  grade:      Sheehy   vs.   Cable  Co.,   94   Mo.    574.   579. 

In  an  action  to  enforce  a  special  tax-bill  for  improvements  the  defense  cannot 
be  made  by  the  property  owner  that  he  has  not  been  paid  for  the  damages  caused 
by  the  change  of  grade.  The  first  is  an  exercise  of  the  taxing  power,  the  latter 
of  eminent  domain.  Although  the  city  may  be  liable  under  the  constitution  for 
an  Improper  exercise  of  the  power  of  eminent  domain,  yet  the  defense  cannot 
be  made  in  the  tax  suit:  Springfield  vs.  Baker,  56  Mo.  App.  637,  640.  quoting  and 
following  Keith  vs.  Bingham,  100  Mo.  306.  See  as  to  this  distinction,  cases  in 
note  to  sec.  2  of  this  article. 

Overflows  on  pri\'ate  land  resulting  from  inadetiuate  sewer  is  not  taking  or 
damaging  property  for  pubMc  use:  Gulath  vs.  St.  Louis.  179  Mo.  38.  56. 

Where  the  property  of  a  citizen  is  not  taken,  and  his  proprietary  rights  are 
not  disturbed,  but  the  damages  to  his  property  is  consequential,  due  to  a  change 
in  the  grade,  the  constitutional  provision  prohibiting  taking  or  damaging  of  pri- 
vate property  "outhout  just  compensation,  does  not  entitle  the  owner  to  damages 
before  the  work  is  done,_and  he  is  not  entitled  to  an  injunction  until  the  same 
are  ascertained  and  paid:  '  Clemens  vs.  Ins.  Co.  184  Mo.  46.  See  further  as  to 
when  an  injunction  will  lie,  cases  cited  in  the  opinion;  also  MacMurray- Judge. 
Iron   Co.    vs.    St.    Louis.    138   Mo.    608. 

Although  an  abutting  property  owner  is  entitled  under  the  constitution  to  be 
compensated  for  injury  to  his  property  before  the  improvement  can  be  made, 
and  may  maintain  injunction  to  enforce  his  right,  yet  if  the  conditions  are  such 
that  the  ordinance  providing  for  the  improvement,  though  unrepealed,  cannot 
well  be  carried  into  effect,  the  injunction  will  not  go.  though  the  plaintiff  may 
have  apprehensions,  if  the.v  are  not  really  well  grounded:  Lester  Realtj'  Co.  vs. 
St.  Louis,  169  Mo.   227. 

While  it  is  true  that  the  owner,  since  the  amendment  in  the  constitution  of 
1875,  is  entitled  to  compensation  not  only  when  his  property  is  taken  for  public 
use.  but  also  when  it  is  damaged,  yet  the  ground  of  recovery  is  his  easement  or 
property  interest  in  tlie  street;  and  the  plaintiff,  in  order  to  recover,  or  to  bring 
himself  -within  tlie  amendment,  must  show-  a  special  and  peculiar  injury  to  his 
propert.v.  or  some  easement  connected  therewith,  different  in  kind  from  that  of 
others:  Clemens  vs.  Ins.  Co..  184  Mo.  46.  54,  and  cases  there  cited;  Van  De  Vere  vs. 
Kansas  City.  107  Mo.  S3;  Rude  vs.  St.  Louis,  93  Mo.  408;  Knapp  Stout  &  Co.  vs.  St. 
Louis.  153  Mo.  .^72;  see  also  (where  a  street  railroad  was  constructed):  Ruckert 
vs.  Grand  Ave.  Ry..  163  Mo.  1.  c.  278;  and  (steam  railroad)  De  Geoffrey  vs.  Mer- 
chants  Bridge.    179  Mo.    705  ft  sfQ. 

In  a  suit  by  an  abutting  owner  for  dania.ges  caused  by  cluanging  the  grade, 
whether  the  change  be  from   the  natural   to  an   artificial  or   from  one  artificial   to 


AKT.  vr,  See.  20]  CHARTKR  OF  THK  CITV  OF  ST.  LOUIS.  407 

another,  the  nieiiaiire  of  duiiiuKes  la  the  difference  In  value  of  the  property  be- 
fore and  after  the  change  of  grade.  Ies.s  any  special  benellt  not  common  to  all 
property  In  the  nolKhhorhoiid.  caused  by  such  chanRc  of  grade;  and  this  Is  the 
rule  whether  the  cost  of  the  Improvement  be  paid  by  the  city  or  taxed  as  benefit 
assessments  against  the  abutting  property;  the  cost  of  the  Improvement  taxed 
against  the  abutting  propery  should  not  be  considered:  Investment  Co.  vs.  St. 
Joseph.    IKl    Mo.    459. 

As  to  measure  of  damaKes  where  access  to  a  highway  Is  cut  olT,  being  the  dif- 
ference In  market  value  before  and  after  such  cut  off.  see  also:  Slattery  vs.  St. 
I,ouls.    120   Mo.    183;   Chouteau    vs.    St.   Louis,    S   Mo.    App.    4S, 

The  benedts  to  be  deducted  from  the  dan>ages  sustained  by  the  landowner  by 
the  Inking  or  damaging  his  property  Is  only  the  direct  and  peculiar  benellt  that 
would  result  In  particular  to  his  tract,  anil  not  the  general  benellt  that  his  lands 
would  derive  In  common  with  the  lands  of  other  owners  In  his  neighborhood: 
•'ole  vs.  St.   Louis.  132  Mo.   633,  64U. 

The  city  Is  liable  for  damages  In  a  material  change  In  the  grade  from  the  nat- 
ural surface:  Investment  Co.  vs.  St.  Joseph.  191  Mo.  459;  Cole  vs.  St.  Louis,  132 
Mo.  633,  640,  and  cases  cited:  Davis  v.s.  Ky..  IIH  Mo.  180;  Fred  vs.  Railway,  65 
Mo.  App.  121. 

The  change  of  grade  need  not  he  the  whole  wUllh  of  the  road-bed:  Stlckford 
V.S.  St.   Louis,  T  Mo.  App.  217. 

Action  for  damages  for  changing  grade  Is  In  nature  of  trespass;  possession 
alone  Is  sufficient;  title  need  not  be  shown:  Sclirodt  vs.  St.  Joseph,  109  Mo. 
.\pp.  627;  but  sec  Clemens  vs.   Ins.  Co.,  1S4  Mo.   1.  c.   56.  rl  st^ 

City  not  liable  In  absence  of  valid  ordinance  authorizing  such  change  of  grade: 
Cardner  vs.  St.  Joseph.  96  Mo.  App.  657;  Clay  vs.  Mexico.  92  Mo.  App.  611;  Calvert 
vs.  St.  Joseph,  lis  Mo.  App.  503.  And  in  the  absence  of  an  ordinance  the  officers 
doing  the  grading,  or  assisting  or  encouraging  same,  are  liable  as  for  trespass: 
Reed  vs.  Peck,  163  Mo.  333  (proceeding  where  the  only  authority  to  grade  was  a 
void  resolution,  not  an  ordinance.  But  a  mere  technical  departure  from  the 
mode  In  which  the  power  to  grade  is  exercised  will  not  discharge  the  city,  at  all 
events  not  if  such  ordinance  has  been,  even  Impliedly,  ratified  by  the  corporate 
authorities:      Schumacher  vs.  St.   Louis.  3  Mo.  App.   297,   29S-299. 

.\nd  an  allegation  In  a  petition  by  a  city  for  assessment  of  damages  for  change 
of  grade  which  alleges  the  due  enactment  of  an  ordinance  defining  the  limits 
of  benefits  and  damage  district  altected  by  a  change  of  grade.  Inferentlally 
states  the  passage  of  an  ordinance  for  the  grading  of  a  street  in  that  district. 
where  that  would  be  necessary  as  a  condition  precedent  to  the  other  ordinance: 
St.   Louis  vs.   Lang,  131    Mo.   412,  420-421. 

An  abutting  owner  Is  not  estopped  to  claim  damages  from  change  of  grade  re- 
sulting because  of  grant  of  street  car  franchise  because  he  signed  a  request 
for  such  franchise  over  the  street  in  question:  Fred  vs.  Cable  Co..  6.S  Mo.  App. 
1.  c.  124;  nor  because  the  plalntifT,  after  the  grading  of  the  roadbed  by  the  cable 
company,  requests  that  the  grading  of  the  street  be  finished:  Hickman  vs. 
Kansas  City,   120  Mo.    110.    120. 

Damages  for  change  of  grade — landlord  and  tenant:  St.  Louis  vs.  Nelson.  lOS 
Mo.  App.  210. 

Damages  because  of  removal  of  shade  trees,  when  allowed:  Walker  vs.  Sedalla. 
'\  Mo.  App.  70.  And  when  not:  Colston  vs.  St.  Joseph.  106  Mo.  App.  714.  See 
also  Scttt  vs.  Marshall.  110  Mo.  App.  178  (condemnation  of  sidewalk  improved 
l>y    shade    trees). 

r>aniuges  on  condtmnation  of  propiTt.v  for  public  use;  See  note  to  Cluirter,  Art. 
VI.  sec    1 

•SKHKR.S. 

ScM-.  I'll  (lassiCujit  i<Hi  of  sower  sy.slem — "|Mil>lir,"  *'»li.strir(," 
**joiiit-(list  rift"  iiiitl  "pi-ix  ;it<'." — A  .scwir  .-iv.xtiiii  i.-<  li.rittv  .slMMi.-^lHil, 
wliirh  .shall  1)1-  (liviilcd  iiit»>  tmir  cIm.sscs,  viz.:  ••Public."  ••Distrirt,'"  •••loiiit- 
I)istrii'.t"  mill  ••I'rivati'"  .scwits  ;  tbi*  flu.ssi-.s  in  niiy  cn.sc  hciiijr  (li-tcriiiiin'd  Ity 
tlif  iiiithority  of  it.-*  coiLstnii'tioii,  .-ukI  thi-  (li'fiiiitii)iis  licri-iuaftiT  .-iiiccitifil. 
irn-.-jpcctivf  <»f  ihi-  area  ilriiiui-il.  tin-  s'vm-.  cliarKcti-r.  <>r  piirpo.si-  of  the  .si-wer. 


408  CTIARTER   OF   THK   CITY    OF    ST.    LOUIS.  AKT.  VI.  Sec.  20. 

I'liblic  sewers  are  defined  to  be  those  heretofore  eonstnicted  or 
atcjuircd  iiiidcr  anllioritv  of  an  ordinauce,  and  jiaid  for  wliollv  out  of  the 
genei-al  revenue.  I'uhlic  sewei's  hereafter  constructed  shall  be  such  sewers 
as  the  Hoard  of  Public  Improvements  may  deem  it  expedient  to  establish 
and  couslrtut  wiliiout  creating  a  sewer  district  or  joint  sewer  district;  and 
such  sewers  may  be  established  and  constructed  at  such  times,  to  such  ex- 
tent, of  such  dimensions  and  materials  and  unth^r  such  i-egulations  as  may 
be  provided  Ity  oi-dinance  reconiiuended  by  the  Hoard  of  I'ublic  Improve- 
ments, and  shall  also  consist  ol'  such  Ijranches  to  sewers  already  constructed 
as  may  be  considered  exjiedient  by  said  board;  providcil,  liowcvcr.  that  no 
sewer  shall  be  run  diagonally  through  private  [jroperty  when  it  is  jn-actica- 
ble  to  construct  the  same  parallel  with  the  lines  of  sucli  property,  nor  shall 
any  jniblic  sewer  be  constructed  through  private  pro])erty  when  it  is  prac- 
ticable (o  construct  the  same  ahuig  a  street,  alley  or  ])ublic  highway.  An 
appro|)rialion  shall  be  made  to  meet  the  cost  of  each  ])ublic  sewer  from  the 
public  revenue,  rublic  sewi-rs  may  be  connected  with  any  other  sewer  of 
any  class,  oi-  with  some  natural  course  of  drainage. 

Jiistrict  sewers  are  tiefiiied  to  be  those  (^(mstructed  or  acquii-ed  under 
authtirity  of  ordinances,  within  the  limits  of  an  established  sewer  district, 
and  jiaid  foi'  by  sjiecial  tax  assessed  ujion  the  ])ropertv  in  the  district. 

J«>iiit-«listri<"t  sewers  are  defined  to  be  those  constructed  or  acquired 
under  the  authority  of  ordimmces  uniting  one  or  more  districts  or  unor- 
ganized territory,  for  the  purpose  of  ])roviding  main,  outlet,  or  intercept- 
ing sewers,  for  the  joint  benefit  of  such  districts  or  territory,  and  paid  for 
by  special  taxes  assessed  upon  all  the  ]iroi)erty  in  such  joint  sewer  district. 

Private  sewers  are  defined  to  be  those  built  with  or  without  permits, 
paid  for  b\  llic  parlies,  ])ersoiis,  associations  oi-  coi'iioiations  cousli'ucting 
the  same. 

Thi.«  st-rtion  ;uii]  tho.sp  following  were  ilmended  at  the  .-hiii-ter  election  (jf  Oct. 
1:1,   lIMii,   making  a   material   eiian^e  in   the  sewer  system  of  the  city. 

Stale  Law:  See  in  connection  with  the  cliarter,  Laws  Mo.  1905,  sec.  1-6,  set  out 
herein  in  "Laws  Specially  Applicable  to  St.  Louis,"  Chap.  2S,  sees.  535-549.  au- 
thorizing T>rainaffe  and  Sanitary  Districts  between   the  city   and   county. 

<"harior  Authority  to  construct,  keep  in  repair  and  regulate  the  use  of  sewer.'*: 
See   Art.    lit,   sec.   26.   clause   2.   and   note   thereto. 

F«r  onlinaneeM  respecting  sewers  in  general,  see  Rev.  Code,  Chap.  34,  sees.  230^ 
to  2322  inclusive;  sewer  condemnation  proceedings,  sees.  876-882  (see  also  notes 
to  Charter  se<-.  2  f/  si-q.  of  this  article):  sewer  connections,  R.  C.  sees.  S98,  1 798. 
14!).   2314.   2302:   permit   .onstniction,   etc.,  2303    and    foUowins. 

I.fnbility  €>f  rit.v  t'i)r  naiiin^eN  for  defective  sewers  and  sewer  i>\erflows:  See 
note   to  elaus--   L',   section    2fi.   -Art.   III. 

Ueflnitif»n  ami  object  ol'  He\*er  in  uenernl:  Fuchs  vs.  St.  Louis,  167  Mo.  loc.  cit. 
636:  (as  to  importance  of  drainage  of  cities  to  preserve  the  public  health,  as  a 
police  power,  see  also  New  Orl.  Gas  Co,  vs.  Drainage  Com.,  196  U,  S,  453.  cited  In 
note   to   clause    2   of  sec.    26   of   .\rt.    III.> 

Tile  clniHwilleiilioii  oi  Meiver.-*  iiiitler  the  new  eliarter  provision  and  the  right  of  the 
iity  so  to  ttassify,  is  discussed,  and  the  several  kinds  defined,  in  Prior  vs.  Con- 
struction Co.,  170  Mo.  439.  The  court,  also,  in  that  case  shows  the  difference  be- 
twi'en  the  new  and  former  classification.  This  distinction  should  be  borne  in 
mind    in    applying   the   decisions    under   the   former   law    to    the   present    conditions. 

I'niier  the  former  provlNionH:  I'ublic  sewers  can  be  created  only  by  ordinance, 
not    by    user  alone:      Heman    vs.    Payne,   27   Mo.    App.    481,   486. 


AKT   VI,  Sec.  20  I  CHARTER  OF  THK  CITV  OF  ST    LOUIS  4fl!) 

\Vhut  arv  public,  district  or  prlviito  Sfwors  prior  to  pri-.scnt  anicnilniont.  .soo  He- 
man  vs.  Alton.  15ti  Mo.  034.  r,4Z,  IIIII  v.a.  Swlnclcy.  ir.9  Mo.  in.  Kycrman  vs.  Blakcly, 
78  Mo.   H5. 

Id  hu%\  fur  the  municipal  ussnnltly  mii.<4t  rlx  the  I'onstructlon,  niatcrliils.  route, 
ilhncn.slon.s.  cii-..  of  a  .scwi-r  by  orillnano**  and  in  how  far  tho  details  thereof  may 
be  deh'KuteO  to  the  proper  ofTlclals.  see  State  ex  rel.  vs.  St.  Louis.  .'16  Mo.  277. 
sliowlnK  that  the  power  of  the  city  in  tills  respect  was  enlnrKed  by  charter 
amendments  so  as  not  to  be  Koverned  by  tlie  decisions  in  Murpliy  vs.  Clemens.  43 
Mo.   395  and   RuK>;los  vs.  Collier,  id.   37.".. 

And  see  furtiier.  cases  on  the  same  subject  with  respi-ct  to  street  Improvi^nienis, 
note   to  sec.    l.">  of  this  article. 

UlncrrClou  UN  to  location  of  branch  or  lateral  sewers  In  B.  P.  1.:  State  ex  rel.  vs. 
S(     Louis,  .'ii;  Mo.   577;   Kyermann  vs.   Provenchere.   15  Mo.  Apii.   I.  c.   2t>7-268. 

The  action  of  the  Hoard  of  Public  Improvennnts  In  accordance  with  charter  au- 
thority to  recommend  creation  of  private  sewer  to  the  Municipal  .\ssembly,  which 
enacts  an  ordinance  in  i)ursuance  thereof,  is  conclusive  that  such  sewer  is  a  pri- 
vate sewer,  no  nwitter  how  t.enellclal  It  Is  to  the  public:  Heman  vs.  ..Mien,  l.'ifi 
.Mo.  .'ilil  (anriruKil  without  discussion  of  this  point  In  ISl  V.  S.  402).  The  recoiii- 
uicndation  of  th''  board  and  subse<|uent  enactment  of  the  ordinance  relieves  the 
contractor  from  the  obligation  of  iniiuirln^  as  to  the  grounds  on  which  the  work 
la  done:      Kyermann  vs.   Provenchere.  L*i  Mo.  App.  1.  c.  270. 

Thu  Municipal  Assembly,  when  thereto  moved  by  the  Hoard  of  Public  Improve- 
ments, may  pass  ordinances  looking  to  the  construction  of  sewers,  public  and 
district,  and  tile  policy  of  constructing  sewers  Is  delegated  to  them.  It  Is  for 
the  Municipal  Assembly,  acting  In  the  manner  prescribed  by  charter,  to  say  whon 
and  where  si'Wers  are  to  be  constructed,  and  the  kind,  whether  public  or  district. 
But  it  cannot  by  ordinance  or  otherwise,  authorize  tile  construction  of  a  public 
sewer  to  be  paid  for  by  special  assessment,  nor  authorize  a  district  sewer  to  be 
paid  for  out  of  the  treasury.  And  the  dilTerence  between  a  public  and  district 
sewer  Is  not  a  mere  dilTerence  in  name,  but  it  Is  a  physical  fact,  so  that  the 
assembly  cannot  authorize  what  is  In  fact  a  public  sewer  and  by  merely  denomi- 
nating It  a  district  sewer  tax  the  cost  of  Its  construction  on  the  lots  in  the  dis- 
trict named.  Such  an  act  would  be  a  fraud  and  the  special  tax-bill  issued  in  pur- 
suance of   it   would   be   void:      Hill   vs.   Swlngley.   159   Mo.   45.    49-50. 

Courts  have  no  power  to  Issue  a  mandatory  Injunction  requiring  a  municipality 
to  construct  a  sewer  In  a  particular  manner  or  location.  Irrespective  of  the  ex- 
ercise of  discretion  vested  by  law  In  the  municipal  authorities  to  determine  the 
practicability  of  the  sewer  ordered,  the  availability  of  taxation  for  the  purpose, 
and  the  like  matters;  the  exercise  of  this  authority  is  primarily  vested  in  the 
municipality  and  not  the  courts:  VIckaliurB  vs.  Waterworks  Co..  202  TT.  S.  453. 
471 -472. 

\m  10  Hpeolnl  taxallf>ii,  see  In  connection  with  the  cases  below,  also  tile  notes 
to  sections  24-25  and  14-15  of  this  article  tnr  those  pnlnls  common  to  streets, 
itileys,   etc..   as    well    as   sewers. 

Special  tnxntlon  for  Ibe  ri»ONiriiplloD  of  nci^eni,  assessed  cither  according  to  tlie 
area,  benefit  district,  or  the  front  fftot  rule.  Is  now  valid  beyond  question:  Prior 
vs.  Construction  Co..  170  Mo.  4:19.  448;  St.  Joseph  vs.  Farrell.  106  Mo.  437;  He- 
man   vs.    .Mien.   ISG   Mo.   534.   affirmed  as  Schumate   vs.    Heman.    181    U.   S.   402. 

Thi-  question  whether  a  lot  owner  is  benefited  by  the  sewer  so  as  to  make  his 
land  taxable  therefor.  Is  legislative  and  ho  will  not  be  heard  to  tho  contrary  after 
the  Municipal  Assembly  has  established  the  district  and  fixed  the  rate  of  benefits 
without  fraud  or  oppression;  and  such  benefits  may  be  indirect  as  well  as  direct 
111  justify  the  action  of  the  assembly:  Prior  vs.  Construction  Co..  170  Mo.  439. 
450-4.>I;  Heman  vs.  Schulte,  166  Mo.  409.  Heman  v.s.  Allen.  156  Mo.  534.  544-551. 
affirmed  181  U.  S.  402.  Akers  vs.  Kollmcycr.  »7  Mo.  App.  520.  529.  Sec  also  John- 
son vs.  Duer.   116  Mo.   366. 

But  the  Municipal  Assembly  cannot  authorize  tax-bills  by  designating  a  public 
sower  to  bo  a  district  sewer,  wiien  in  fact  not  such,  and  the  tax-iiills  are  void: 
Hill   va.   Swlngley.    159  Mo.   45.   49-50. 

Area  taxation  without  reference  to  value  of  land  Is  valid:  Johnson  vs.  Ducr,  IIS 
Mo.    366. 

AacorlaininK  us»e»»ment:      See  Creamer  ts.   Allen.  3  Mo    App.  tIS. 


410  CHARTER   OF   THE   CITY   OF   ST.    LOUIS.  [ART.  VI.  Sec.  21. 

The  liasi.s  of  the  work  is  an  ordinance,  and  a  void  ordinance  cannot  be  made 
valid  after  the  work  has  been  done:  Dickey  vs.  Holmes.  109  Mo.  App.  721;  St. 
Louis  vs.  Clemens,  52  Mo.  133,  144.  As  to  the  requirements  of  an  ordinance  tor 
Ijulilic    improvements   in   general,    see   note   to   sec.    15    of   this  article. 

Where  two  lots  are  used  as  one  property,  they  may  be  treated  as  one  in  assess- 
ing special  tax-bill  against  them,  whether  improved  or  not:  Hill-O'Meara  vs. 
Sessinghaus,   106  Mo.   App.    163,  and   cases  cited. 

A  proper  assessment  in  accordance  with  the  charter  is  the  basis  of  taxation,  and 
the  special  tax-bill  is  void  unless  grounded  on  a  valid  assessment  made  by  the 
tribunal  designated  by  the  charter.  As  to  what  is  or  is  not  such  a  compliance 
under  the  St.  Louis  charter,  see  Heman  vs.  Parish,  97  Mo.  App.  393,  401;  Heman 
vs.  Allen.  156  Mo.  534;  also  authorities  generally  in  notes  to  sees.  27  and  14  et  seg  . 
of  this  article.  But  the  special  tax-bill  need  not  recite  the  basis  of  apportionment: 
Dickey  vs.  Porter.  101  S.  W.  586,  594  (March  30.  1907,  Sup.  Ct.  Kansas  City 
charter). 

The  ordinance  for  improvements  by  sewers  should  be  strictly  complied  with  and 
construed,  but  not  so  strictly  that  it  would  defeat  its  obvious  intent:  St.  .loseph 
vs.  Landis.  54  Mo.  App.  1.  c.  326.  See  also  Dickey  vs.  Porter,  101  S.  W.  586,  596 
(Sup.    Ct.,    Mar.    30.    1907). 

Speeijil  tax  is  mii  the  exflusive  remedy  of  the  contractor;  there  is  nothing  in 
the  charter  preventing  the  city  from  enacting  that  other  regulations. -such  as  tlie 
payment  of  the  tax  before  permitting  a  connection  with  the  sewer,  must  be  ob- 
served under  its  other  powers:  Hill  vs.  St.  Louis.  159  Mo.  159,  167  (upholding 
an  ordinance  to  that  effect,  now  sec.   2304  of  Rev.  Code). 

Until  *ii  taxation  for  .s*'^v€»rs:  There  was  no  limit  to  special  taxation  of  sewers 
even  before  tlie  present  amendments:  Heman  vs.  Wolff,  33  Mo.  App.  200;  Hill 
vs.   Swingley,   159  Mo.   45. 

See.  21.  District  sewers,  establishment  and  eonstruftioii  of — 
<listricts  may  be  clianged — special  taxation  for,  antliori/e<I— re- 
pairs and  other  incidental  expenses  pai<l  by  city — reconstruction 
of  sewers  permitted  at  expense  of  proi)erty. — District  sewere  shall  be 
e-stablished  auil  eou.strneted  ur  acquired  witliiu  the  limit.s  of  districts  to  be  pre- 
scribed by  ordiuauce  recommended  by  the  Board  of  Public  Improvements,  and 
may  l)e  connected  witli  a  sewer  of  any  class,  or  with  some  natural  course  ol' 
drainage.  District  sewers  shall  be  of  such  dimensions  and  material  as  may 
be  considered  necessary  and  ex]iedient  by  the  I'.oard  of  I'nblic  lni|)rove- 
ments,  and  authorized  In-  ordinance.  A  sewer  district  may  be  sub-divided, 
eularoed  or  ciianoed  at  any  time  previous  to  the  coniiiletion  of  the  construc- 
tion of  the  sewers  therein.  The  Munici])al  Assembly  shall  cause  sewers  to 
be  constructed  in  any  district  whenever  a  majority  of  the  ])roperty  holders, 
resident  therein,  shall  petition  therefor,  or  whenever  the  Board  of  Public 
Im])rovements  shall  recommend  it  as  necessary  for  sanitary  or  other  ])ur- 
poses.  Such  se\\('rs  sliall  lia\e  all  re(|iiisite  laterals,  inlets,  manholes  and 
other  ai)])urtenances. 

As  soon  as  a  district  sewer,  with  its  inlets,  manholes,  and  other  a])- 
jiurtenances  is  fully  completed,  the  Sewer  Commissioner  shall  cause  to  be 
comjtuted  the  total  cost  thereof,  and  certify  the  same  to  the  President  of 
the  Poard  of  Pulilic  Imjtrovements,  and  the  President  of  said  Board  shall 
assess  it  as  a  special  tax  aoainst  all  the  lots  of  ground  in  the  district  re- 
spectively, without  regard  to  imjirovements.  and  in  the  proportion  that 
their  I'esjiective  areas  bear  to  the  area  of  the  whole  district,  exclusive  of 
the  ])ublit'  lii,!ihway.  and  shall  cause  to  be  issued  a  sjiecial  tax  bill  against 
each  lot  in  the  district,  giving  the  name  of  the  owner  thereof,  in  favor  of  the 
contractor,  wliicli  shall  be  collected  and  paid  in  the  manner  hereinafter 
prescribed;  /iroridnl.  that  the  rejiairs  and  other  incidental  ex))enses  of  the 
district  sewers  shall  be  ])aid  out  of  the  general  revenue.  Should  the  sewers 
in  any  sewer  district  or  districts  become  worn  out.  or  be  found  inade(]uate 
in  depth,  size  or  other  respect,  so  as  in  the  opinion  of  the  I'.oard  of  Public 


ART.  VI,  Sec.  32.1  CHARTER    OF    TULO   CITY    OF    ST.    LOUIS.  411 

liii]ir()\('iiiciils  to  i-eqiiirc  rccoiisl  riici  ion.  I  lie  .M  \iMi<i|i:il  .\ssciiilil\  iii:iy.  by 
ordiiiiuici',  establish  sower  districts  I'or  siiili  rccoiisi  riicI  ions,  and  inocccd 
in  all  i-cspi'cts  as  if  tiie  tci-ritory  einhnucd  in  siicii  distiici  had  never  heeu 
in  a  sewci'  disi  i-ict. 

This  soction  Is  an  amornlm.MU  passed  witli  tlu'  preceding  section  at  tile  election 
on  Oct.   22.  1901. 

See  note,  and  authorities  cited  therein,  to  the  preceding  section  of  this  article. 
See  new  classification  discussed  in  Prior  vs.  Const.  Co..  170  Mo.  439.  cited  in  said 
note. 

Under  the  former  provisions  the  city  could  direct  construction  of  district  sewers 
without  a  petition  from  a  majority  of  the  property  owners  or  recommendation 
of  the  Board  of  Health:  Creamer  vs.  Oeters.  36  Mo.  456:  but  under  the  later 
provisions  "the  assembly  can  authorize  tlie  construction  of  sewers  in  sewer  dis- 
tricts, only  when  a  majority  of  the  property  holders  petition  for  it.  or  when  the 
Board  of  Public  Improvements  shall  recommend  it  as  necessary  for  sanitary  or 
other  purposes,  nor  can  the  assembly  establish  a  sewer  district  except  by  ordi- 
nance as  approved  by  tlie  B.  P.  I.;  when  that  board  aiiproves  such  an  ordinance, 
the  board  need  not  wait  until  the  passage  of  that  ordinance  before  it  shall  rec- 
ommend the  construction  of  a  sewer  for  the  district':  Hyerman  vs.  Ulal<ely.  78 
Mo.  145.  149-150.  Nor  is  it  necessary  for  tlie  board  in  its  recommendation  to 
state  the  reasons  for  which  the  sewer  is  necessary;  a  statement  that  it  is  "In 
accordance  with  the  provisions  of  the  charter"  is  suflicient:  ihid,   p.   150. 

Under  the  present  charter,  still  greater  authority  and  latitude  is  given  the 
board.  Before  a  lien  can  attach  to  property  in  a  taxing  district  for  the  cost  of  con- 
struction of  sewers  the  Board  of  Public  Improvements  must  make  an  assessment 
of  the  entire  cost  against  the  property  liable.  But  in  an  action  on  the  tax-bill 
the  failure  to  so  allege  in  the  petition  is  waived  if  no  objection  thereto  be  talton 
until  after  judgment:  Heman  vs.  Allen,  156  Mo.  534.  1.  c.  539-540.  See  also 
Dickey   v.s.  Porter.  101  S.  W.  5S6.   594    (Sup.  Ct..  March   30.   1907). 

Repairs  and  other  incidental  expenses  of  district  sewers  must  be  paid  out  of  the 
genei-al  revenue,  hence  it  would  not  be  competent  for  the  city  to  regulate  the 
sewers  by  making  persons  desiring  to  connect  pay  any  sum  to  be  used  by  the 
city  in  repairing  or  inspecting  the  sewers:  Hill  vs.  St.  Louis,  159  Mo.  153,  loc. 
clt.  171. 

See.  L'L'.  .Joint  «lislricl  sewer.s,  liow  est JiblisluMi— special 
taxation  lor,  anlli<»ri/«Ml.  ho\v  l«'vi«Ml  anW  assessed  — «  hen  terri- 
tory outsitle  eity  limits  is  drained,  «-il.\  t<»  |>a>  portion  «»r  «'ost  of 
eonst  ruetion -.j«)int  ilistriet  se^veI•s  may  be  const  iMH't«'d  in  si'e- 
tions. — luinl  distriei  sewers  may  lie  ednsirneted  or  ;i<'([nii'iil  ,is  lulluws: 
W  heiievei-t  he  Munieipal  Assembly,  on  ihereeommeiidatioii  nllhe  noardol'  1  Mi  It- 
lie  Iiujiroveinents,  deems  it  ueeessary  that  a  sewer  be  eoustrueted  in  auy  part  of 
tlio  city,  for  the  drainajie  or  sanitary  imin'ovcinents  of  a  section  of  the  city 
comprisiiif;  more  than  one  established  sewer  district,  or  territory  not  yet  in 
an  esialtjished  sewer  district,  it  may.  by  ordinance,  unite  and  establish  such 
sewer  districts,  or  parts  tliere<ir,  and  tinorjianizeil  territory,  into  a  joint 
.sewer  district,  anil  cause  a  .sewer  oi-  sewers  to  lie  constructed  therein,  and 
the  wlude  I'ost  thereof  to  be  assessed  a,iraliisl  all  the  properly  within  the 
boundaries  of  such  joint  .sewei-  district  as  a  s])ecial  ta.\;  but  if  the  joint  dis- 
trict sewer  is  to  drain  territory  jiart  of  which  lies  outside  of  the  city  limits, 
and  can  not  be  iiiclmh'd  in  the  joint  sewer  district,  then  the  Munici|ial  As- 
semldy  shall  pro\i(!e  in  the  oi'diiiance  or  ordinances  anthoi'iziiijr  the  coiislruc- 
tion  of  the  joint  district  sewei-  or  sewers,  lliat  a  ]iarl  of  the  cost  of  such 
sewer  uv  sewers,  in  the  projiortion  that  the  area  of  the  unincluded  territory 
bears  to  the  whole  arc-a  drained,  shall  be  |iaid  out  of  the  <;eneral  rexcnue,  in 
which  case  the  remainder  nf  the  cisl  shall  be  assessed  as  hereinafter  pro 
vided. 

The  total  cost  of  joint  district  sewcis  shall  be  levied  and  assessofl  npim 
all  tlie  property  in  the  joint  sewer  district  as  fidhiws:     \\  heiiever  the  whole 


412  CHARTKR  OF  THr:  CITY   Ol'    ST.    I.OUIS.  1  ART.  VI,  S.-r.  23. 

or-  a  scclioii  iif  a  joint  district  st-wer  is  liillv  coiuiiU'lcd,  liic  Scwci-  ( 'oiuinis- 
sioiKM'  shall  cause  tlif  total  cost  tlicrcor  to  l)e  computed,  and  shall  ccrtifv 
the  same  to  the  President  of  the  Hoard  of  I'ublic  Iiuproveiuents,  and  the 
I'resident  of  said  Hoard  shall  assess  it  as  a  special  tax  against  all  of  the 
lots  or  {)arcels  of  ground  in  the  joint  sewer  district,  in  the  ratio  that  the 
area  of  each  lot  or  parcel  of  ground  bears  to  the  area  of  the  whole  district, 
exclusive  of  the  area  of  streets,  avenues,  public  highways  and  alleys,  and 
the  I'resident  of  said  Hoard  shall  cause  to  be  issued  a  special  tax  bill 
against  each  lot  or  parcel  of  ground  in  the  joint  sewer  district,  giving  the 
name  of  the  owner  thereof,  in  favor  of  the  conti-actor,  which  shall  be  col- 
lected and  jiaid  as  provided  in  this  article.  I'rovided.  however,  that  if  the 
joint  district  sewer  will  drain  territory  })art  of  which  lies  outside  of  the 
city  limits,  the  City  of  St.  Louis  shall  itay  from  tlie  jmblic  revenue  part  of 
the  cost  of  the  joint  district  sewer  in  the  ]iroi)ortion  that  the  area  of  that 
part  of  the  territory  drained  by  the  joint  district  sewer  which  lies  outside 
of  the  city  limits  bears  to  the  whole  area  drained;  and  the  i-emainder  of 
the  cost  of  the  joint  district  sewei-  shall  be  ])aid  for  as  hereinbefore  ]iro 
vided.  When  the  extent  and  character  of  a  joint  district  sewer  is  such  as. 
in  the  opinion  of  the  Hoard  of  I'ublic  Improvements,  render  its  division  into 
sections  advisable,  an  ordinance  or  ordinances  directing  and  authorizing 
the  constrtictit)u  of  one  or  more  stations  may  be  passed,  and  when  the 
work  in  any  such  section  is  fully  ccinipleted,  sjiecial  lax  bills  to  the  amount 
of  the  cost  of  such  section  shall  be  issued  as  herein  ]iro\  ided.  .loiiit  district 
sewei's  shall  be  constructed  of  such  material  and  of  smli  dimi'nsions  a.s 
may  be  considei-ed  necessary  and  e.xjtedient  by  the  Hoard  of  I'uhlic  Improve 
ments.  and  authorized  by  ordinance,  and  they  may  be  conM<'cted  with  otlier 
sewers  of  any  class  or  with  some  natural  course  of  drainage. 

Joint    district    sewors    undci-    nfw    churti-i'        Prioi-    \s.    C'nnstruetion    Co.,    170   Mo. 
439. 

ypc.  '2'.i  Private  sowers— city  to  be  at  no  expense  for 
same — sewers  and  drains  tleenied  private— may  he  aecpiired 
by  city — special  taxation  tlierefor  antliorized— connections 
witli    other     sewers,     compensation    for,  at    option    of    city — 

Private  sewers  connecting  with  the  jniblie.  joint  district  and  district  .sewer.--. 
or  with  natural  watercourses,  nuiy  be  constrncte<l  under  such  restric- 
tions and  regulations  as  the  Munici])al  Assembly  may  prescribe  by 
general  or  special  ordinance,  recommended  by  the  Hoard  of  Public 
Ini])i'ovements ;  but  the  city  shall  b(>  at  no  expense  in  the  construction, 
rei)airing  or  cleaning  of  the  same.  .\11  sewers  or  covered  drains, 
draining  or  capable  of  draining  more  than  one  lot,  built  by  private  persons, 
corjiorations  or  associations,  either  within  the  boundaries  of  the  lands 
owned  oi'  liebl  by  such  ]iarties  previous  to  the  subdivision  of  such  lands, 
with  or  without  a  permit  fioni  the  city,  or  in  the  streets,  alleys,  avenues  oi- 
public  jilaces.  under  jicrmits  granted  by  the  city,  shall  be  considered  jirivate 
sewers.  Whenever  a  private  .sewer,  oi-  an.v  part  thereof,  is  so  located  and 
consti'ucted  as  to  fit  it  to  l)e  a  j)art  of  a  joint  district  or  disti-ict  sewer,  the 
city  shall  have  the  right  to  acquire  such  ](rivate  sewer  by  gift,  condemnation 
or  purchase,  but  such  ac(]uirement  shall  be  by  ordinance  recommended  bj 
the  Hoard  of  Public  Im])rovements.  The  city  shall  pay  the  cost  of  acquir 
ing  the  same,  and  shall  reimburse  itself  in  the  following  manner:  The 
total  cost  of  such  condemnation  or  purchase  shall  be  assessed  as  a  special 
tax  against  the  jii'operty  in  such  distriit  or  j^iint  district  sewer  district,  as 
tlie  case  may  be,  in  favor  of  the  city,  in  the  manner  herein  ]ir()vided  for  the 
construction  of  such  sewers.  Public,  joint  district  and  district  sewers  may 
be  connected  with  private  sewers  without  compensation  to  the  owners  or 
builders  there<.)f.  at  the  option  of  the  city. 

Ordiiuinur  pro>1iiloai>  respecting  private  sewers:  See  Rev.  Code,  sec.  2308  ri  ut 


AHT  vi.s.-i-  ii  r-iiAKTi:i;  dk  thk  (MTV  Or  ST.   i.oris  4i:{ 

SPKCIAI.    T.\X-KII,I„S 

Si(  I't  S|HM'ial  fax  bills,  lu>\\  mjulo  oii<,  r<»};istero«l  and  tlc- 
livert'd — plart'  of  payment  to  Ik*  dt'sij^^nattMl. — All  s|>((ial  tax  hills 
for  work  contemiilalocl  bv  this  t'liarti-r  shall  be  niadi'  out  h.v  the  I'rcsidciit  of 
said  Hoard,  and  bv  him  rcfjistcrcd  in  his  office  in  ftill.  and  certified  and  de- 
livered to  the  ('oni|ilroller,  and  his  receipt  taken  therefor,  and  li.v  him  reg- 
istered and  connlersiuned  and  delivered  to  the  |iarties  in  whose  favor  thev 
are  issued  fur  collection,  ami  their  receipts  taken  in  fnll  of  all  I'laims  aiiainst 
the  <'it,v  on  acconni  of  said  work.  In  ever.v  such  tax  bill  there  shall  be  desii;' 
uafed  either  the  ("it.v  Treasurer,  or,  at  the  option  of  the  pei'son  or  persons 
onfitled  fo  siu'h  fa.x  1)111,  flie  name  of  some  b;ink  or  frust  c<)in])any  located 
and  doinj;  business  in  the  City  of  St.  Louis  fo  whom  payment  of  such  bill 
may  l)e  made;  and  in  case  the  t'iiy  Treasurer  is  so  desi<;naled,  it  shall  be 
his  duly   to  i-eceive  ami   receipt    for  suili   payment    if  tendered. 

Tlil.s  s.-.-tlon  :ilso  Is  an  iiini-mlni.'iit  adopt. -li  at  tho  .>l,ctl.in  of  Oct.  22.   1901. 

SaltMtltutloD  i>f  ne%v  Inx-blllN  for  voliloneN — .\iiienilnionlM  «»f  (n.\-l>lllN  Irrt-Kulnrly 
Uaurd  «r  void. — Now  spoiliil  tnx-bills  in  payment  for  Iniprovonii'nt  work  mn.st 
be  IsrimhI  on  doinantl  and  surrender  of  those  IncorrOL-t  because  tlie  district  was 
wrongfully  del\ned  under  the  charter:  and  mandamus  lies  to  enfonc  the  con- 
tractor's rierlit   thereto:     State  ex  rel.  vs.   St.   I.ouls.   183  Mo.   230. 

If  the  original  bill  was  void  and  recovery  defeated  on  that  ground,  the  power 
to  Issue  Is  not  exhausted,  but  a  new  assessment  may  be  had  and  new  bills  may 
he  issued:  ICyerman  v.s.  Provencherc.  15  Mo.  .-Vpp.  Z.'iB.  262.  270:  lOyerman  vs. 
Payne.  2S  Mo.   App.   72.  76. 

But  If  the  original  bill  was  not  void,  hut  irregular  only,  a  llnal  jnclgnient  lor 
defendant  will  bar  another  action  on  the  same  bill  after  It  has  been  corrected: 
Weber  v.s.  Schergens.  28  Mo.  App.  587;  Kyerman  vs.  Payne.  28  Mo.  App.  I.  c.  76: 
Eyerman  vs.  Scollay.  16  Mo.  App.  498:  but  an  amendment  of  the  petition  after 
correcting  the  i>lll  is  proper:     Galbreath  vs.  Newton.  45  Mo.   .\pp.  .112. 

A  s|>ecial  tax  bill,  whether  void,  voidable  or  merely  Imperfect,  as  issued,  may 
be  amended  within  the  time  limited  for  its  enforcement:  Vieths  vs.  Planet  Co.. 
64   Mo.   App.   207.      See  as  to  limitation  of  tax-bills,    intra,    this  section. 

The  particular  officer  may  erase  the  wrong  and  insert  the  true  nami'  of  tlie 
owner,  even  after  expiration  of  hi.s  term:  Stadler  vs.  Roth,  59  Mo.  400.  So 
after  expiration  of  his  term  he  has  the  right  to  mal<e  proper  amendments  In 
other  respects:  Morley  vs.  Weakley.  86  Mo.  451  (changing  blocks  and  lots);  Riley 
V9,  Stewart,  50  Mo.  App.  594,  661  (issuing  three  in  place  of  one,  where  such  neces- 
sary); Galbreath  vs.  Newton,  45  Mo.  App.  312  (holding  that  the  fact  that  tho 
late  official  had  become  non-resident  made  no  difference;  and  allowing  the 
amendment  In  the  cause  pending  after  remanding  by  the  appellate  court).  The 
amendment  nmst  be  made  by  the  persons  in  ofTice  when  the  proceedings  ^ere 
had.  though  their  terms  iiave  *'xplred:  Kliey  vs.  Cranor.  51  Mo.  511.  Cases 
supra . 

.\s  to  right  to  amend  the  tax-bill,  see  also  Kyerman  vs.  HIakely.  1 :!  .Mo.  .Vi>i> 
407;    P.ndrrgast    vs     Rlchanls.    2    Mo     .\pi>.    1''7. 

(  itiii  piilii  t  li»n  iiimI  ^lutiii  f  iiri-<«  of  I'rcNlflent  mI'  Itoitril  mid  4'i»iiip- 
trollrr. — .V  .specini  lax-hill  is  not  void  ti.'Ciius.-  the  Pr<'sidi'iil  of 
the  Roard  of  Public  Improvements  <loes  not  personally  compute,  levy  or  assess 
the  cost  of  the  Improvement;  If  he  attaches  his  name  to  the  tax-bill.  It  Is  his 
act.  and  It  Is  Immaterial  whether  the  actual  computation  is  hy  him  or  an  ap- 
pointee: Keman  Const.  Co.  vs.  Ixievy.  179  Mo.  455,  466.  distinguishing  Kddy  vs. 
Nevada.  123  Mo.  546.  To  .same  effect  see  Dickey  vs.  Porter.  101  S.  W.  586.  594 
(Sup.  Ct..  March  30.  1907);  Jaioks  vs.  Merrill.  98  S.  W.  753  (Sup.  Ct,,  Dec.  22, 
1906);  see  also  as  to  power  of  delegating  computation:  Nevada  vs.  Morils,  43 
Mo.  App.  586;  Sedalla  vs.  Uonohue,  190  Mo,  407;  .laicks  vs.  Merrill,  supra  Bui 
in  Stifel  v.s.  Cooperage  Co.,  38  Mo.  App.  340.  It  was  held  that  the  duties  Im- 
posed on  the  President  of  the  Board  of  Public  Improvements  are  discretionary, 
personal,  ami  not  ministerial  and  cannot  In  his  absenc"'  be  executed  by  a  member 
of  the  board  acting  as  president  *>re  um.";  and  that  tax-hills  signed  hy  such 
"presld.-Mt     ^r  .   '-«,.••    are  void;  they  must  be  signed  by  the  President  of  the  Board. 


414  CHARTER  OF  THK  CITY  OF  ST.  LOUIS.  lART.  VI.  Sec.  25. 

So  also  in  Eyerman  vs.  Payne.  28  Mo.  App.  72.  it  is  liehl  tliat  while  special  tax- 
bills  may  be  countersigned  by  a  deputy  comptroller  in  the  Comptroller's  ab- 
sence or  sickness,  where  it  is  shown  that  there  is  sucli  an  officer,  because  tlie 
duty  to  contersign  is  ministerial  or  formal,  yet  the  ordinance  under  which  such 
deputy  was  appointed  must  be  proved:  and  if  signed  by  the  deputy  it  is  void 
unless    signed    by    him    in    the    name    of    his    principal. 

Sec.  25.  Siieoial  tax  bills  to  be  u  lien  on  property — 
eolle<'te«l  in  name  of  eonti'actor  —  interest  —  eity  3Iar- 
slial  to  serve  notiee — aetion  for  false  return — suit  by  at- 
taehnient  ajiainst  non-resiilent.— Said  t;ix  bill  shall  be  and  be- 
cumi'  ;i  lieu  uu  tlii-  property  eharged  tlierewitli,  aud  may  be  col- 
lected of  the  owner  of  the  laud,  and  in  the  name  of  and  by  the  contractor, 
as  any  other  claim  in  any  court  of  comj)etent  jurisdiction,  -with  interest  at 
tiie  rate  of  six  i)er  cent  i>er  annum  after  tliirty  days  from  notice  of  its  issu- 
ance, as  hereinafter  provided,  and  if  not  jtaid  within  six  months  after  sucli 
notice,  then  at  tlie  rate  of  ei,t>lit  per  cent  per  annum  from  the  date  of  said 
notice;  prorith'd.  hoircvcr.  tliat  special  tax  bills  payable  in  installments 
shall  bear  interest  as  hereinafter  provided.  It  shall  be  the  duty  of  the  City 
Marshal,  at  the  request  of  the  holder  or  owner  of  any  tax  bill  issued  under 
this  Charter,  to  serve  upon  the  party  or  ]>arties  named  in  such  tax  bill,  a 
notice  of  the  issuance  thereof,  which  service  shall  be  made  in  the  manner 
provided  l)y  law  for  the  service  of  writs  of  sununoiis  in  civil  cases.  The  re- 
turn of  the  City  ^Marshal  as  to  service  shall  be  conclusive  of  the  facts  there- 
in stated,  and  any  jicrson  who  may  be  injured  by  a  false  return  shall  have 
his  rifiht  of  action  for  damages  resulting  therefrom  against  the  Marshal  on 
his  official  bond.  For  the  service  of  each  such  notice  the  Marshal  shall  be 
entitled  to  the  same  fee  as  may  be  allowed  by  law  for  the  service  of  a  writ 
of  summons.  Whenever  the  ^larshal  shall  make  a  return  of  "not  found" 
against  any  party,  the  institution  of  suit  thereafter  shall  lie  deemed  and 
taken  to  be  the  ecpiivalent  fif  such  notice  of  and  demand  of  payment.  Iii 
case  the  owner  of  the  ground  is  a  non-resident  of  the  State,  suit  may  be 
brought  by  attachment,  which  shall  be  equivalent  to  notice,  and  a  demand 
for  jtayment. 

See   n<ite  at  end  of  this  s«'ction.  • 

Certified  tax  bills  prima  faeie  evidence — defenses. — Such  cer- 
titii'd  bill  shall  in  all  cases  W  prima  facie  evidence  that  the  work  and  material 
churge<l  in  such  bill  shall  lia\'e  been  furnished,  and  of  the  execution  of  the 
work,  and  of  the  correctness  of  the  rates  or  prices,  amount  thereof,  and  of 
the  liability  of  the  person  therein  named  as  the  owner  of  the  land,  charged 
with  -such  bill,  to  pay  the  .same;  proridtcd.  that  nothing  in  this  section  shall 
be  so  construed  as  to  ]irevent  the  party  charged  with  the  payment  of  said 
bill  from  ]ileading  in  i-ednction  of  the  amount  of  same,  that  the  work 
therein  mentioned  was  not  done  in  a  good  and  workmanlike  manner;  and 
provided  that  the  jiarly  charged  shall  set  uj).  by  way  of  defense,  that  the 
work  was  not  done  in  a  workmanlike  manner,  according  to  the  class  of 
work  mentioned  in  the  contract,  and  that  such  ]iarty,  before  the  commence- 
ment of  the  suit,  tendered  to  the  contractor  tlie  full  value  of  such  work 
done,  and  shall  establish  the  same  on  the  trial,  the  recovery  shall  only  be 
for  the  amount  so  tendered,  and  judgment  for  costs  shall  be  rendered 
against  the  plaintitf. 

See  note  .it  end  of  this  section. 

(-ity  n<»t  liable  on  special  tax  bills.— The  city  shall  not  be  liable,  in 
any  maniicr  whatever,  for  or  on  acconni  of  any  work  done  which  is  to  be 
])ai(l  for  in  the  manner  provided  in  this  section. 

Cerlain  tax  bills  shall  be  «l!vi«l«Ml  into  parts  and  may  be  pai«l 
in   instalhnents — inti'rest — effect  of  non-payment  of  Interest  or 


ART.  VI.  S.c.  25.1  CHARTKH  OF  TIIK  CITY  OF  ST.  LOUIS.  415 

instill Inu'iit  when  «lue — Provided  hoivevcr,  tliat  cvfi-y  si)cci;il  tax  bill 
aullmrizcil  liy  lliis  I'liariri'  to  he  levied  iir  assessed  for  the  eoiistnietiou  or  reeoii- 
struetiou  of  streets  avi-uues.  Li<rh\vays,  boulevards  or  distriet  or  joint  district 
sewers,  shall  be  divided  into  not  less  than  three,  nor  more  than  seven,  e(|Ual 
parts,  as  may  be  jiroN  idt'd  by  tiie  ordinance  antiioriy.in^-  such  improvemenls. 
|)ayable  anil  colleclaiile  in  inslallincnls  as  follows:  'I'lie  lirsl  inslallnicnl  shall 
licconie  due  and  [layable  ihiily  <lays  after  notice  of  the  issuance  tli<'i-enf, 
wiliiout  interest  ;  the  second  iiislallnient  shall  become  due  and  |ia\alile  one 
year  after  such  notice;  the  tliiid  iiislallnient,  two  years;  liie  fourth  install- 
ment, three  years;  the  liftli  iiistallnu'iit.  four  years;  the  sixth  installment, 
live  yea r.s;  and  the  .seventh  installnient,  six  years,  after  such  notice;  y>/«- 
ridcd.  hoircrcr.  that  the  nwiii^i-.  m-  any  |icisiiii  lia\iii;^  an  inicicsi  in  the 
jiroperty  charf^ed  with  a  tax  bill  may  pay  the  same  in  full  at  an.\  tiiii(» 
within  Ihii'ty  days  after  notice  as  alVu'esaid.  witluMit  interest,  and  sucii 
owner  or  jierson  havinj;  an  interest  may  pay  such  tax  bills  in  full  at  any 
time  by  payiuf;  interest  thereon  as  follows:  If  paid  at  or  beloi'e  maturity 
and  more  than  thirty  days  after  notice,  as  aforesaid,  at  ilic  rale  of  six  |ici- 
cent  per  annum  from  date  of  notice  to  date  of  |iaymeni:  if  paid  alter  ma- 
turity, at  the  late  of  six  jier  cent  per  aniiiini  limn  dale  uf  initice  to  date 
of  maturity,  and  at  the  rate  of  ei>;lit  ]ier  cent  ]ier  annum  from  date  of  ma- 
turity to  date  of  payment;  all  interest  shall  be  jiayable  annually  from  dale 
of  notice  of  the  issuance  of  tax  bills.  If  any  installment  of  any  such  spe- 
cial tax  bills,  or  any  interest  on  any  installment,  be  not  ]iaid  when  due. 
then,  at  the  ojition  of  the  ludcler  thei'eof.  all  remaininj;  installments  shall 
become  due  and  collectable.  toj;ether  with  interest  thereon  as  aforesaid. 
Suits  may  be  brouj;hl  to  enforce  the  payment  of  sueli  siiecial  tax  bills,  or 
any  installment  or  installments  thereof,  with  any  interest  du(>  on  any  in- 
stallment, in  the  manner  herein  provided  for  the  brinj;inj;  of  such  suits  on 
other  special  tax  bills. 

.<?,■.■    null-    liil..\v 

liiiiiitat ion  of  lien  of  s|MM-i:iI  lax  hills— «'ntr.\  of  satisfaction — 

W'helievei'  an.\  special  tax  bill  issued  heretofoi-e,  or  heieaftel'  to  be  Issued, 
to  a  contractor  or  contracttws.  shall  be  paid,  it  shall  be  entered  satislied  <ui 
the  rejiister  in  the  ('oin]it roller's  office;  and  the  lien  of  any  liill  so  issued 
that  is  not  entered  satislied  within  two  years  after  its  maturity,  unless  pro- 
ciH'dinjis  in  law  shall  have  lieen  commenced  to  collect  the  same  within  that 
time,  and  shall  still  be  penditifi.  shall  be  destroyed  and  of  no  ell'ect  ai;ainsr 
the  land  cliar;:ed  therewith;  pruriiliil .  Iioirrrrr.  that  whei-e  bills  are  not 
p.'iid  in  installments,  the  lien  thereof  shall  terminate  within  two  years  after 
theii'  date,  unless  such  piocecdinjis  shall  have  been  commenced  within  that 
time  and  be  still  jiemlin^. 

Tills  .'<4ctioii   la  the  aini'mniicnt  passfd    In   1901. 

Inli-rrnt  under  formor  section,  sn-  Paving  Co.  vs.  Peck.  ISti  Mo.  .'lOG:  Hanli  v!>. 
Woi-ston.  176  Mo.  -19;  Pcrklnson  va.  Schnanko.  10.S  Mo.  App.  Z^ta  (rharactiT  of 
<li-niani1  necessary):  Kyrmann  vs.  Rlakcly.  7S  Mo.  H.5.  1.t2  (power  of  city  to 
Impose   penalties   upheld ). 

Krdnrtinn  of  Ihr  bill  heoause  of  failure  to  furnish  the  work  as  called  for  In  the 
contract  and  fault.v  construction  may  he  shown:  HIII-O'Meara  vs.  Hutchinson. 
100  Mo.   App.   29-1.   297;   Heman   v.s.   Franklin.  99   Mo.   App.   340. 

But  where  the  case  Is  tried  on  the  theory  that  substantial  compliance  entitled 
the  recovery  of  the  whole  amount,  an  Instruction  for  pro  tanto  recover>'  Is  prop- 
erly refused:  Heman  vs.  I.jirkln.  108  Mo.  App.  392.  397;  Heman  Const.  Co.  vs. 
L«evy.   179  Mo.   455.  470. 

And  the  defense  (In  reduction  In  the  amount)  that  the  contract  was  not  per- 
formed In  a  workmanlike  manner,  can  only  he  made  upon  tender  of  the  amount 
Justly  due  for  the  work  done:  .\sphalt  Co.  vs.  Ullman.  1.17  .Mo.  I.  c.  570  (under 
St.   .In«..i.i,   .i.i.ri.  1-    "i.|.-h   In   this  respect  la  like   that  of  St.   Louis). 


4lti  chaiitf:k  ok  the  city  of  st.  louis.  [art.  vi.  Sec.  25. 

And  a  strict  tompliance  with  the  work  prescribed  has  never  hefn  insisted  upon 
by  the  city  as  a  condition  of  acceptance:  See  cases  cited  in  this  noto  herein- 
after. 

So  recovery  pro  tanto  is  also  allowed  where  the  ordinance  under  which  theworlt 
was  done  was  partly  valid  and  partly  invalid:  See  cases  in  note  to  sec.  15  of 
this  article. 

And  by  sec.  2S  of  this  article,  provision  is  made  for  timely  objection  by  any 
citizen  or  taxpayer  that  the  work  is  not  being  done  according  to  contract  (while 
in  progress),  and  for  an  examination  and  decision  by  the  Board,  etc..  with 
power  to  make  such  order  as  shall  be  just  and  reasonable,  carried  out  by  ordi- 
nances:     R.    C.    sees.    1922-1932. 

Ai*ti(»n    to    Knforee    Tux-Bill — Mature   of    l.inhility — KNNentiiilM    ttt    \'allclity. 

There  must  i>e  a  special  tax-bill  made  out  in  accordance  with  law;  and  there 
can  be  no  recovery  unless  the  special  tax  bill  sued  on  is  put  in  evidence;  there 
cannot  be  scire  facial  or  execution  on  the  original  condemnation  judgment  in 
wliich  the  amount  of  benefits  is  fixed:  St.  Louis  vs.  Brinckwirth  (decided  May 
29.  1907.  and  at  this  writing  not  yet  reported),  overruling  Kyssell  vs.  St.  IjOuis. 
168    Mo.    607. 

Proceedings  against  property  owners  to  enforce  special  tax-hills  for  local  im- 
provements are  in  the  nature  of  proceedings  in  rem  to  enforce  the  lien  on  the 
property  and  compulsory  payment  can  only  be  made  by  a  sale  of  the  assessed 
property,  not  by  judgment  in  personam:  Barber  .\sphalt  Co.  vs.  St.  .^oseph.  183 
Mo.  4r)l  (citing  numerous  cases  and  showing  the  abandonment  of  the  former 
theory  that  they  could  be  enforced  as  personal  judgments) :  Heman  (^onst.  Co. 
vs.  Loevy.  179  Mo.  4.tS.  471;  Hill-O'Meara  vs.  Sessinghaus.  106  Mo.  .\pp.  163  (con- 
struing a  sew<'r  bill  judgment  as  not  being  personali  :  St.  I^oiiis  vs.  Allen.  53  Mo. 
30. 

The  lien  is  against  each  lot  severally,  though  the  bills  be  issued  serially,  and 
where  in  a  condemnation  proceeding,  in  order  to  clear  the  title  of  the  liens  of 
tax-bills,  a  certain  sum  is  paid  into  court  by  the  city  by  consent  of  all  persons 
interested,  such  sum  stands  in  lieu  of  the  lots,  and  if  insufficient  in  the  end  to 
pay  the  bill  and  interest,  that  will  not  make  such  hills  a  lien  on  adjacent  lota 
against  w'hii-h  the  bills  were  not  severally  issued:  Ross  vs.  <^ates.  117  Mo.  App. 
237. 

Public  propert.N'  held  for  public  uses  is  not  subject  to  special  taxes,  nor  can  a 
general  judgment  be  rendered  against  a  public  corporation,  unless  the  legisla- 
tive power  has  clearly  so  enacted:  St.  Ix)uis  vs.  Brown.  155  Mo.  545.  560;  Barber 
Asphalt  Co.  vs.  St.  .Joseph.  1S3  Mo.  451,  455.  and  cases  cited:  Clinton  ex  rel.  vs. 
County.    115   Mo.    557. 

As  to  what  propert>-  is  subject  to  special  taxation  :in(l  wliat  is  (-xcmpt.  see  note 
to  sec.  14  of  this  article. 

But  the  proceeding  is  not  so  strictly  in  rem  as  to  bind  persons  not  parties, 
etc.:  See  .Taicks  vs.  Sullivan.  128  Mo.  177,  1S2,  el  set;-,  and  cases  there  cited; 
Stadler  vs.  Roth.  59  Mo.   400:  and  see  further,  succeeding  paragraphs  of  this  note. 

The  ability  of  a  city  to  create  a  lien  on  the  property  of  the  abutting  owner  for 
street  improvements  is  not  founded  on  any  pre-existing  right,  but  is  i„  invitum. 
and  rests  exclusively  on  a  substantial  adherence  to  tlie  method  prescribed  by  the 
ordinances  authorizing  the  same,  and  of  the  charter  as  the  basic  power:  Paving 
Co.  vs.  Munn.  185  Mo.  546.  574:  Kiley  vs.  Oppenheimer.  55  Mo.  374:  Rose  vs.  Tres- 
trail,  62  Mo.  App.  352:  Smith  vs.  Westport.  105  Mo.  App.  221.  224:  Construction 
Co.  vs.  Geist.  37  Mo.  App.  509.  512-513;  Independence  vs.  Gates.  110  Mo.  1.  c.  385. 
See  also  Klsberry  vs.  Black.  120  Mo.  App.  14,  23.  and  Kxcelsior  Springs  vs.  Rt- 
tenson,   120  Mo.   .\pp.    215. 

.\nil  tlu-re  must  in*  a  fair  compliance  with  all  ciuuiitions  precedent,  wliether  re- 
quired by  cliarter  or  ordinance;  but  a  construction  so  strict  as  to  defeat  the 
obvious  intent  of  the  ordinance  for  improvement  is  not  required,  nor  is  a  literal 
compliance  reiiuired:  Cole  vs.  Skrainka.  105  Mo.  303.  308-309;  St.  .Joseph  vs. 
r,andis.  54  Mo.   .\pp.  315,   322.  325:   Allen   v.s.  Rogers.  20  Mo.  App.   295-296. 

A  strict  compliance  with  ordinance  and  contracts  tliereunder  prescriliing  the 
manner  in  which  the  public  improvement  shall  be  made,  has  never  been  re- 
quired as  a  condition  to  the  acceptance  of  the  work  by  the  city,  or  to  the  validity 
of  the  tax-liill  for  the  cost:  StelTen  vs.  Fox.  124  Mo.  630.  635;  s.  c.  56  Mo.  App.  »: 
Sheeluui    vs.   Owen.   82  Mo.   458. 


ART   VI.  Sec.  25.]  CHARTER  OF  THE  CITY  OF  ST.  LOUI3.  417 

Especially  Is  this  the  case  where  the  non-compliance  was  not  the  fault  of  the 
contractor,  but  of  the  city  ofricials:  Eyermann  vs.  Provenchere,  15  Mo.  App.  258 
(conflict   between   plans  and  ordinance). 

Acceptance  of  the  work  Is  not  a  Judicial  act  of  the  commissioner,  and  he  may 
correct  his  decision  If  rendered  In  consequence  of  clerical  error  In  hl.i  office:  Eyer- 
mann   vs.    Provenchere.    supra;     citing    Prendergast    vs.    Richards,    2    Mo.    App.    187. 

Where  the  ta.x-blll  Is  void,  recovery  may  be  had  on  now  tax-bills  thereafter  Is- 
sued  which  are   valid:     See  note  to  sec.   24   of   this  article. 

Although  a  material  departure.  going  to  Its  substance,  avold-s  the  tax-bill: 
King-IUII   vs.    Hamilton.   51   Mo.   App.   120.   121. 

As  to  partial  completion  of  work  called  for.  see  note  to  sec.   II  of  this  article. 

In  an  octlon  on  a  special  tax-bill  for  benefits  growing  out  of  a  street  opening 
or  widening  proceeding,  or  change  of  grade,  the  claim  that  there  was  no  benelU, 
or  that  there  has  been  no  compensation  for  property  taken,  or  other  matters 
that  could  have  been  or  were  ral.sed  In  the  original  proceeding,  cannot  be  raised 
in  an  action  to  enforce  the  special  tax-bill  Issued  therefor:  See  cases  In  note 
to  section  2  of  this  article  (under  "Conclusiveness  of  Proceeding,"  etc.). 

Nor  can  the  owner  In  an  action  on  a  spcQlal  tax-bill  for  street  construction  or 
other  local  improvement  (where  there  was  no  original  court  proceeding),  raise 
the  question  that  he  has  not  been  benefited,  nor  that  there  was  no  necessity  for 
the  Improvement,  nor  other  matters  of  that  kind,  which  are  legislative  In  char- 
acter:    See  authorities  in  note  to  sec.   H  of  this  articlo. 

"All  these  obstructive  measures  and  technical  defenses  upon  which  property 
owners  resist  the  payment  of  special  tax-bills  after  getting  the  benefit  of  tlie 
work,  result  In  permanent  Injury  to  the  city  and  to  the  holders  of  property 
therein."  as  It  compels  the  contractors  to  demand  higher  prices  for  the  work: 
Thompson.  J.,  in   Eyermann  vs.   Provenchere,   15  Mo.   App.   1.   c.   263. 

The  officers  under  the  charter  of  St.  Louis  are  selected  presumably  on  account 
of  tlielr  fitness  and  integrity,  and  their  intentions  are  presumed  to  be  honest, 
and  that  In  performing  their  public  duties  they  deal  fairly  and  Justly  with 
citizen  and  property  owner:  Bank  vs.  Woesten.  H7  Mo.,  1.  c.  181;  Barber  Asp. 
Co.   vs.    Hezel,    TS   Mo.   App.,   1.    c.    152. 

"Action  by  the  city  officials  In  regard  to  Imposition  of  special  taxes  for  a  street 
improvement  comes  within  the  protection  of  the  general  maxim  that  public  of- 
ficers are  presumed  to  have  rightly  acted  until  tlie  contrary  is  made  to  appear. 
It  is  a  grave  error  to  suppose  that  tlie  law  looks  with  any  disfavor  upon  these 
special  bills  for  street  Improvement.  They  are  to  be  treated  with  the  .same  fair- 
ness and  Justice  that  should  be  accorded  all  public  acts  and  a  want 
of  conformity  to  law  Is  not  to  be  presumed  as  to  such  governmental  action  any 
more  thon  to  other  proceedings  of  public  functionaries":  Barclay.  J.,  in  Asphalt 
Pa\".  Co.  vs.  Uilman.  137  Mo.,  1.  c.  568;  to  same  effect:  St.  Joseph  vs.  Farrell,  106 
Mo.  437. 

But  persons  dealing  In  special  tax-bills  or  taking  contracts  for  city  work  aro 
conclusively  presumed  to  know  the  law.  and  at  their  peril  to  see  that  it  Is  com- 
piled with:  Carroll  vs.  St.  Louis.  4  Mo.  App.  1!)I.  192-193;  Pryor  vs.  Kansas  City, 
153  Mo.  135.   142,  160.     See  cases  and  discussion  In  note  to  Art.  XVI,  sec.   7. 

Ownem  nnd  nniiiDii  As  to  where  owners  hold  undivided  interests,  see  Louisiana 
vs.   M.-.\lllster.    I'll    Mo.   App.   152. 

Where  name  of  one  co-owner  is  omitted  from  bill,  see  Farrell  vs.  Rammelkamp. 
•;4   Mo.   App.  425   (bill  not  prima  facie  evidence  as  against  htm). 

Where  minors  hold  undivided  Interests,  see  Horstmeyer  vs.  Connors,  56  Mo. 
App.    lis.   121. 

Life  tenant  and  remaindermen,  see   Bobb  vs.   Wolff.  54   Mo.   App.  515. 

Property  held  in  trust,  beneficlarj-  proper  person,  but  trustee's  name  not  neces- 
.sary  as  owner:     St.   Louis  vs.  Creamer.   43   Mo.    552. 

Parties  to  deed  of  trust,  on  the  property:  See  St.  Louis  vs.  Dc  Nouc,  44  Mo.  136. 

"The  owner"  against  whom  the  proceeding  to  enforce  the  apeclal  tax  Is 
brought.  In  the  absence  of  notice  to  the  contrary,  is  the  record  owner,  and  a  pur- 


418  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  [ART.  VI,  Sec.  25. 

chaser  at  the  sale  thereunder  gets  a  good  title  against  an  unrecorded  deed  of 
whicli  the  purcliaser  has  no  notice:  Vance  vs.  Corrigan.  78  Mo.  94;  Smith  vs.  Bar- 
rett. 41  Mo.  App.  460.  465;  but  as  to  actual  notice,  see  cases  cited  in  Stuart  vs. 
Ramsey,  196  Mo,,  1,  c.  414.  (See  cases  to  same  effect  under  sales  for  delinquent 
general  taxes,  referred  to  in  note  to  sec.  491  of  "Laws  Specially  Applicable  to  St. 
Louis").  But  if  the  person  in  whose  name  the  property  stands  of  record  be  dead 
when  the  suit  is  instituted,  it  is  void;  the  interests  of  his  heirs  or  devisees  in  the 
land  are  not  divested:  Jaicks  vs.  Sullivan,  128  Mo.  177,  187.  And  the  record 
"owner"  at  the  commencement  of  the  suit,  not  when  the  special  tax-bill  is  issued, 
is  the  proper  party  to  proceed  against:  Smith  vs.  Barrett,  41  Mo.  App.  460,  465 
(Kansas  City  Charter), 

Mistake  or  omission  of  the  name  of  the  owner  is  not  fatal  as  to  the  tax-bill  and 
does  not  vitiate  it;  but  the  rights  of  such  owner  are  not  affected  until  he  has  his 
day  in  court:  Eyerman  vs.  Scollay.  16  Mo,  App.  49S;  St.  Louis  vs.  De  Noue,  44 
Mo.  136;  Stadler  vs.  Roth,  59  Mo.  400  (holding  that  the  correction  could  be  made 
by  erasure  and  insertion  by  the  successor  in  oitice,  but  that  this  destroyed  the 
prima  facie  effect  of  the  bill):  Galbreath  vs,  Newton,  45  Mo.  312;  Veiths  vs. 
Planet  Co.,  64  Mo.  App.  207  (holding  that  the  new  tax  bill,  properly  re-executed, 
has  the  prima  facie  proof  of  validity  the  same  as  if  originally  so  issued). 

Defects  In  iippiirtionin]^  cost. — Nor  does  a  slight  error  in  computation  make  the 
bill   void:     Creamer  vs.  McCurry,  7  Mo.  App.  91;  Neenan  vs.   Smith.   60  Mo.   292. 

Error  in  theory  of  apportionment  of  cost  may  be  corrected  by  issuance  of  new 
bills:      See  note   to  sec.   24   of   this  article. 

But  a  computation  not  according  to  law,  or  erroneous,  niay  be  shown  in  defense 
of  the  bill:  Creamer  vs.  Allen.  3  Mo.  App.  545:  Haegele  vs.  Mallinckrodt,  3  Mo. 
App.   329.   334;   Gallaher  vs.   Bartlett.   64   Mo.   App.    258.   262. 

A  special  tax-bill  is  void  unless  grounded  on  a  valid  assessment:  Heman  vs. 
Farish,    97    Mo.    App.    393,    401;    St.    Louis    vs.    Brinckwirth,    (decided    Sup    Ct..    May 

29.  1907,   not  yet   reported). 

Real  party  In  Interest  as  plaintiff  in  suit  on  special  tax-bill  which  has  been 
pledged   to   secure   a  debt:  Dickey   vs.    Porter,    101    S,   W.   586,   590    (Sup,   Ct.,  March 

30.  1907).    with   discussion   of   authorities. 

As  to  proper  assessment  illstrlet.  method  of  ascertaining  benefits,  etc.  See  note 
to   section   14  of  tliis  article. 

Description  of  property  in  special  tax-bill  is  sufficient  if  the  property  is  identi- 
fied  thereby:      Const.   Co.   vs.    Loevy,    64    Mo.   App.    430. 

An  attachment  of  the  property  subject  to  the  tax  can  be  maintained  against 
non-residents  not  served,  in  aW  of  a  suit  on  a  special  tax-bill,  under  the  St. 
Louis  charter:     Syenite  Granite  Co.  vs.   Bobb,  37  Mo.  App.  483. 

Demand  before  suit  is  not  (at  least  under  the  old  provision)  a  condition  prece- 
dent to  a  recovery  on  the  tax-bill:  Eyermann  vs.  Provenchere,  15  Mo.  App. 
256,    271. 

Sufficiency  of  aliceations  in  petition:  A  petition  alleging  making  of  tax-bill, 
its  contents  with  dates  tliereof,  its  a^ssignment,  its  filing,  and  that  defendant 
owns  the  lot  described  therein,  is  sufficient:  Turner  vs.  Patton.  54  Mo.  App.  654 
(Kansas  City):  Vieths  vs.  Planet  Co..  64  Mo.  App.  207.  211  (St.  Louis);  see  also 
Bank  vs.  Wright.   68  Mo.  App.   144. 

Prima  facie  evidence  of  a  certified  special  tax  bill:  Heman  vs.  Larkin.   108  Mo. 

App.  392.  397;  Eyermann  vs.  Blakesly,  78  Mo.  145,  148  (upholding  such  laws); 
Moberly  vs.  Hogan.  131  Mo.  19;  Heman  vs.  Farish.  97  Mo.  App.  393;  Asphalt  Co. 
vs.  T'lman,  137  Mo.  543,  560;  St,  Joseph  vs,  Farrell,  106  Mo.  437;  Nevada  vs.  Mor- 
ris,  43  Mo.  App.   586. 

Not  conclusive:  Haegele  vs.  Mallinckrodt,  3  Mo.  App.  329,  335;  Creamer  vs. 
Allen,   3   Mo.   App.   545;   Gallaher  vs.   Bartlett,   64   Mo,   App,   258,   262. 

Tax-bills  are  not  prima  fade  evidence  against  persons  whose  names  as  owners 
are  omitted:  Farrell  vs.  Rammelkamp.  64  Mo.  App.  425.  428;  St.  Louis  vs.  Noue, 
44  Mo.  136;  Kansas  City  vs.  Surety  Co.,  71  Mo,  App.  315;  nor  do  they  become  so 
even   when   afterwards   corrected   by   erasure   and   substitution   by   proper   officer: 


ART.  VI,  Sec.  iS.)  CHARTER  OF  THR  CITY  OF  ST.   LOUIS.  419 

Stadlcr  vs.  Roth.  59  Mo.  400.  But  It  Is  otherwise  where  the  tax-hill  Is  nnicnileil 
and  properly  re-executed  by  the  officials:  Vleths  vs.  rianet  Co.,  CI  Mo.  App. 
207-210.  holding  It  as  prima  tacit  evidence  as  If  originally  so  Issued.  Tax-bills 
not  properly  signed  are  not  prima  lacie  valid:  Eyerman  vs.  Payne,  28  Mo.  App. 
72. 

Nor  are  tax-bills  for  repairs  prima  facie  valid  for  construction  work:  Farrcll 
vs.   Ramnulkamp.  64   Mo.   App.    425,  428. 

Kfituppt'l  of  ui\Der.  A  property  owner  is  not  estopped  from  defemllnK  aj^ainst 
a  tax-bill  as  b.lngr  void  on  the  ground  that  he  stood  by  and  made  no  profst 
when  the  plaintiff  was  doing  the  work  which  benetited  his  property,  nor  bo- 
cause  he  petitioned  for  the  improvement  to  be  made.  A  void  tax-bill  cannot 
be  made  valid  by  any  act  of  the  owner:  Perkinson  vs.  Hoolan,  182  Mo.  189,  and 
cases  cited.  To  same  effect:  Keane  vs.  IClausman,  21  Mo.  App.  485,  4SS;  Verdin 
vs.  St.  Louis,  131  Mo.  2G  1.  c.  98,  but  see  cotilra  Sherwood,  J.,  dissenting,  p. 
143  tt  iiQ.  But  It  was  hold  that  the  owner  of  an  undivided  interest  is  estopped 
from  seting  up  his  partial  ownership  In  reduction  of  the  tax-bill  where  he  has 
held  himself  out  as  sole  owner:  Louisiana  vs.  McAllister.  104  Mo.  App.  152. 
And  that  a  property  owner  cannot  affirmatively  Induce  a  departure  from  the 
ordinance  and  contract  by  his  own  acts,  and  then  avail  himself  of  the  change 
to  escape  payment:  Hill  O'Meara  vs.  Hutchinson,  100  Mo,  App.  294,  301.  And 
see  also  St.  Joseph  vs.  Landls,  54  Mo.  App.  613,  626.  So  also  the  owner  who 
stands  by  and  sees  the  work  properly  done  and  gets  the  benclU  thereof  will 
not  be  heard  to  complain  afterwards  in  a  suit  on  the  tax  bills  that  there  wero 
Irregularities  in  the  proceedings  In  the  obtaining  of  the  contract  of  the  contract- 
or, such  as  vague  specifications  as  to  materials,  manner  of  work,  etc.,  so  as  to 
prevent  competitive  bidding:  Jaicks  vs.  Merrill.  98  S.  W.  753,  758  (Sup.  Ct, 
l>ec.   22,   1906). 

K  requtrenient  that  the  property  owner  flle  obJeetloDH  to  tax-bllls  in  writing 
with  a  board,  within  a  ciTtain  time  after  issuance  thereof,  and  be  concluded 
from  making  any  other  defense  against  the  tax-bills.  Is  unconstitutional  and 
void:    Barber  Asp.  Co.  vs.  Rlthye,  169  Mo.  376,  382. 

Owner  onnnot  dUputo  benrfltM  aiineHiied,  nor  neeeHKlty  for  the  work,  for  which 
special  tax-bills  are  issued  In  an  action  thereon:  See  cases  cited  In  note  to 
Art.   VI,   sec.   14. 

Coniitllutlonnl  exemption*  from  taxation  do  not  apply  to  special  tax-bllls: 
Clinton  V.-;.  Co.  Wts  Mo.  .'>')?.  And  see  further  on  this  and  analogous  points,  note 
to  sec.   14   of  this  article: 

Limitation  of  upeelnl  tni-blll:  I'nder  the  Charter  the  original  condemnation  for 
street  purposes  being  a  Judgment,  the  collection  of  the  benefits  assessed  as 
resulting  from  the  itreet  opening.  and  evidenced  by  special  tax-bill,  was  not 
barred  In  five  years  but  only  after  ten  years  like  any  other  judgment:  Eyssell 
vs.  St.  Louis,  168  Mo.  607;  St.  Louis  vs.  Annex  Co.,  175  Mo.  63.  But  this  does  not 
apply  to  a  special  tax-bill  for  improirmrnis;  Eyssell  vs.  St.  Louis,  supra,  p.  621. 
See  as  to  benefits  from  street  openings,  note  to  sec.  1  ri  srg.  of  this  article. 
As  to  limitations  of  Hen  under  Kansas  City  charter,  providing  for  payment  on 
Installment  plan,  and  In  case  of  default  In  payment  of  principal  or  Interest 
authorizing  collection  of  all  unpaid  Installments,  see  Barber  Asph.  Co.  vs. 
Meservey.  103  Mo.  App.  183  (three  opinions,  all  concurring  that  limitation  only 
runs   from   maturity  of  last   Installment):   Ross  vs.   Gates.    117   Mo.   App.    1.    c.    244. 

It  Is  held  that  limitation  of  special  tax-bill  runs  from  date  of  delivery  to  con- 
tractor, not  date  of  bill:  Folks  vs.  Yost.  54  Mo.  App.  55  (Kansas  City):  So 
under  the  St.  Louis  Charter  It  was  held  that  the  limitation  begins  to  run  from 
the  date  of  the  bill  and  not  from  the  completion  of  the  work  (the  question 
whether  it  begins  to  run  from  delivery  or  date  was  not  raised)  so  that  where 
new  bills  are  Issued  In  place  of  former  void  ones  time  begins  from  the  date  of  the 
new  bills  which  supersede  the  former:  Eyerman  vs.  Payne.  28  Mo.  App.  72.  76. 
But  this  does  not  apply  unless  the  bills  first  Issued  are  void;  If  only  Irregular 
as  In  case  of  erroneous  name  of  owner,  time  runs  from  the  first:  Eyerman  vs. 
Scallay.  16  Mo.  App.  498;  so  where  the  proper  party  Is  brought  In  by  amend- 
ment after  the  time  limited  for  the  Hen.  the  lien  Is  dead  and  cannot  be  en- 
forced: Smith  vs.  Barrett.  41  Mo.  App.  460.  468;  Jaicks  vs.  Sullivan.  128  Mo.  177, 
and   cases   cited    (where    the   suit   was  originally    brought   against   one   deceased). 

Drllrery  Is  presumed  on  day  of  date  of  bill  in  the  absence  of  any  evidence:  St 
Louis  vs.   Armstrong.   38  Mo.   29.  33. 


420  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  [ART.  VI.  Sec.  26. 

The  lien  attaches  (it  was  held,  under  a  former  charter)  from  the  date  of  the 
assessment,  wliich  cannot  be  made  until  the  work  is  fully  completed  and  the 
precise  amount  of  its  costs  ascertained:  Anderson  vs.  Holland.  40  Mo.  600.  601, 
relying-  on   St.   Louis  vs.   Clemens,  36  Mo.    467   1.   c.    473. 

Under  the  present  charter  (Art.  VI,  sec.  24).  the  special  tax-bills  do  not  become 
a  lien  on  the  property  chargeable  with  the  cost  of  the  work  until  they  are 
delivered  to  the  party  designated  in  the  charter  to  receive  them:  Mercantile 
Trust  Co.  vs.  Niggeman,  119  Mo.  App.  56,  62  (relying  upon  Everett  vs.  Marston, 
1S6    Mo.    587.    construing-   the   Kansas   City    charter,    as   determining   the    question). 

Action  agralust  city  for  failure  to  permit  contractor  to  complete  work,  when 
barred:  Ash  vs.  Independence.  103  Mo.  App.  299.  The  City  of  St.  Louis  Is  liable 
to  a  contractor  for  street  improvenients  -where  by  its  own  acts  it  prevents  the 
Issuance  of  tax-bills  and  orders  the  work  it  contracted-  for  to  be  stopped  without 
cause:  Steffen  vs.  St.  Louis.  135  Mo.  44,  51;  see  also  Chambers  vs.  St.  Joseph. 
33  Mo.  App.  536,  and  Dist.  Columbia  vs.  Lyon,  161  U.  S.  200.  Where  the  Charter 
provides  that  the  city  shall  not  be  liable  on  the  special  tax-bills,  the  fact  that 
the  supposed  street  is  really  not  such,  which  renders  the  tax-bill  void,  does 
not  entitle  the  contractor  to  recover  from  the  city,  though  the  work  be  com- 
pleted according  to  contract:  Carroll  vs.  St.  Louis,  4  Mo.  App.  191.  But  see 
Murray  vs.  Kansas  City.  47  Mo.  App.  105  (where  there  was  no  such  limitation 
shown   as   exists   in    the   St.    Louis   Charter). 

,  An  action  lies  against  the  city  to  remove  a  cloud  on  title  caused  by  the  issuance 

of  a  void  special  tax-bill  purporting  to  be  a  lien:  See  full  discussion  in  Verdin 
vs.  St.  Louis,  131  Mo.  26,  74-SO,  100.  and  in  dissenting  opinion  in  the  same  case, 
108  €t  seq.,  also  152  et  seQ.  See  also  as  to  cancelling  special  tax-l>ill,  Heman 
vs.  Skinker,   148  Mo.    379. 

In.stullnientR  (under  Kansas  City  charter,  when  due  and  how  pleaded):  Jaicks 
vs.   Merrill.   98   S.   \f.   753    (Sup.   Ct.  Dec.   22,   1906). 

Sec.  26.  Special  tiix  bills  may  be  assigned — formality  re- 
quired—payment.— Sufli  special  tax  bills  and  lien  thereof  shall  bi-  assig- 
al)le.  Each  ami  every  transfer  of  special  tax  l)ill  shall  be  reuistered  in  the  ofSce 
of  the  comptroller,  and  no  transfer  thereof  shall  be  valid  or  effectual  until  it  is  so 
registered.  Every  transfer  sliall  be  in  writ  in",  and  witnessed  by  the  Coiuje 
troller  personally,  or  by  one  of  liis  dejiuties.  duly  ackno\\'ledf;ed  before  ;i 
notary  public,  or  other  officer  authorized  to  take  acknowledgments,  and  in 
each  transfer  there  shall  be  designated  the  City  Treasurer  or  the  name  of 
some  bank  or  trust  company  located  and  doing  business  in  the  City  of  St. 
Louis,  to  wliom  payment  of  the  said  tax  bill,  or  of  any  of  tlie  installments 
thereof,  or  of  any  interest  on  any  installment  thereof,  may  be  made  at  or 
after  maturity;  and  i>ayment  made  to  the  <Mty  Treasurer,  whose  duty  it 
shall  be  to  receive  and  receijtt  for  the  same,  if  tendered,  or  to  the  designated 
bank  or  trust  company,  sliall  be  sufficient  to  i>rocure  the  partial  or  total 
entry  of  satisfaction  of  such  tax  bill,  as  the  case  may  be,  in  the  office  of  the 
Comi)trol]er  on  pre.sentation  to  the  Comptroller  of  flie  tax  bill  duly  re- 
ceipted, or  on  presentation  of  a  receipt  of  the  City  Treasurer  or  of  sucli 
designated  bank  or  trust  comjtany  showing  such  ]iayment.  All  iiayments 
made  to  the  City  Tr(>asnrer  shall  be  by  him  jiaid  over  to  the  party  or  parties 
entitled  thereto  ni)oii  the  warrant  of  the  Auditor. 

This  section,  like  those  preceding,  was  one  of  the  amendments  adopted  Oct 
22,  1901. 

Special  tax-bills  were  assignable  under  the  old  charter  provision  as  a  matter 
of  law;  as  to  this,  and  what  is  sufficient  to  establish  assignment  under  the  old 
Charter  see  Bambrick  vs.  Campbell,  37  Mo.  App.  460.  462.  See  also  as  to  assign- 
ment under  Kansas  City  charter:  Dickey  vs.  Porter,  101  S.  W.  5S6  (Sup.  Ct. 
March   30.  1907). 

Substitution  of  assignee  by  amendment  in  pending  suit:  Springfield  vs.  Weaver. 
137  Mo.  1.  c.   670. 


ART.  VI,  Sec-  27.]  CHARTER  OF  THE   CITY   OF   ST.    LOUIS.  421 

CONTRACTS   FOR   PUBLIC   WORK. 

S.<'.  JT.  A.HstMubly  t°4>i-l)i«l(li>n  t<»  <-oiitrarl  for  public  work — 
H.  I*.  I.  t<»  siibmil  ordiiiiiiKT  for  proposrtl  work  — ;i(lv«'r(  isiii<>:  for 
bids,  ri><|iiisii«'s  (((iitriul  (o  Uv  \vi  lo  "lowrsl  rcsponsiblo 
l»i(bU'r"  —  oiM'  biniiit;  t'aiUMi  (o  <-ai-r\  *n\t  prior  »-oii(iact 
with  «'i(.v  diM'iiM'd  not  rcspoiisibh'  -bids  may  be  re.j«M't«Ml  — 
siir«'ties  on  contractor's  bond. — Tlio  Asscmldy  sliall  have  no  jxiwcr 
(liriTily  lo  (■uiiti';ut  lor  any  i>iililic  work  or  imiiruvcmciii.  or  rcpaii-s  llicrcof. 
I  i>Micini)lati'(l  by  this  Charter,  nor  to  tix  tlie  price  ov  rate  llicrcror;  l)ui  in  all 
la.si's,  e.Mi'iiI  in  case  oi'  cnici'iifniv  woik  or  ncccssar.\  rc|iairs  rc(|iiir- 
in;.;  ]ii-oniiit  aitcntion,  X\u-  iJoard  ol  I'ulilic  I  iiiiU'oMMiicnis  shall  jire- 
pai't'  and  submit  to  the  Asscnilily  an  ordinance,  with  an  estiniale  of 
the  cost  enilorsed  thereon  by  the  l'resi(h'nl  oC  the  Hoard,  anihoriy.inji; 
the  doiiifi  of  any  jiroposed  work.  and.  iin<h'r  tlie  dirtH-tion  of  tlie  ordinance 
antlioriziii";  the  same,  shall  advertise  for  bids,  in  the  papers  doing  tlie  city 
printing,  tliree  times,  the  last  publication  to  be  at  least  ten  days  before  tlie 
day  appointed  for  the  o])ening  of  the  bids,  stating  the  general  nature  of 
the  work  to  be  done  and  the  time  and  place  when  th(>  bids  will  be  received, 
and  shall  let  out  said  work  by  contract  to  the  lowest  responsible  bidder. 
.\ny  other  mode  of  letting  out  or  contracting  for  work  shall  be  held  as 
illegal  and  void.  But  when  so  provided  in  the  ordinance  authorizing  or 
directing  the  work  to  be  done,  the  advertising  may  be  for  a  dilferent  jieriod, 
and  in  other  j)apers  than  tliose  provided  above.  No  security  on  any  bond 
shall  be  taken  unless  he  shall  pay  ta.xes  on  ]iroperty  ecpial  in  an  amount  to 
his  liability  on  all  bonds  on  which  he  may  be  sectirity  to  the  city.  And  no 
contract  shall  be  made  under  this  section  without  bond  for  ils  faithftil 
performance,  with  at  least  two  suflicieiit  securities.  No  person,  tirni  or  cor- 
poration shall  be  deemed  such  a  responsible  bidder  who  has  failed  or  re- 
fused to  fully  carry  out  any  jirior  contract  let  lo  him  or  them  for  doing  auy 
work  conteiiiplated  by  this  Charter;  provided,  hoicercr.  that  the  said  Koard 
of  Public  Improvements  shall  have  full  ]iower  and  authority  to  reject  all 
bids  so  advertised  for  and  submitted,  whenever,  in  its  judgment,  the  inter- 
ests of  the  city  nuiy  require,  and  in  such  event  shall,  in  like  manner,  re- 
advertise  for  bids  for  such  work. 

See  note  below. 

Certified  <-liccks  to  accompany  all  bids — All  biils  for  the  doing  of 
public  work  shall  be  accompanied  with  a  certilied  check  on  some  bank  or 
trust  company  in  the  City  of  St.  Louis,  payable  to  the  order  of  the  Treas- 
urer f)f  the  City  of  St.  I.ouis.  for  the  amount  of  the  deposit  re(]uired.  en- 
closed in  the  sealed  envelope  enclosing  the  bid. 
Also  an  amendment  adopted  Oct.  22,  1901. 

For  ordlnnnce  provisions  concerning  the  advertisements  of  public  Improvements 
and  the  awarding  of  contracts  see  Rev.  Code,  Chap.  24,  Art.  8,  being  sections 
1976-199-la   Im-Uislve;   also   sec.    1165. 

I'ndrr  the  ohnrter  provisions  the  assembly  has  no  authority,  but  the  Board  of 
Public  Improvements  alone  Is  authorized,  to  let  contracts:  See  cases  below 
cited:  but  the  water  commissioner  has  the  power  of  "doing  of  all  work,  and  the 
furnishing  of  all  materials  and  supplies  for  the  water  works."  etc.,  except  where 
It  Is  not  practical  to  do  so  by  contract:  and  all  contracts  must  be  approvi-d  by 
the  council:  Art.  VII.  sec.  3.  And  the  Commissioner  of  Supplies  purchases  all 
articles  needed  by  the  city  in  Its  departments,  etc.:  Art.  IV,  sec.  29:  but  the  fire 
chief  In  emergencies  may  make  certain  purchases  with  the  Mayor's  approval: 
Art.  XI.  sec.  2:  and  all  printing  and  binding  Is  contracted  for  by  the  Register, 
on  public  lettlngs.  subject  to  council's  approval,  with  provision  for  temporary 
contracts,  etc.:    Art.   XV.  sec.    1. 

What  in  pabllr  norki  Under  the  provision  that  the  B.  P.  I.  Is  to  lot  all  con- 
tracts   for    public    work,    the    Board    of    Health    has    no    power    to    contract    for    re- 


422  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  [  AUT.  VI,  .Sec.  27. 

moval  of  garbage,  and  such  a  contract  la  void:  State  vs.  Butler,  ITS  Mo.  272. 
See  as  to  garbage  ordinances  R.  C,  Ch,  11.  Art.  10,  sees.  1196  and  following,  and 
see   notes   thereto. 

A  contract  for  erecting  boxes  on  the  streets  for  waste  paper  is  public  work 
and  must  emanate  from  the  B.  P.  I.  or  be  void:  State  ex  rel.  vs.  St.  Louis,  161 
Mo.  371. 

An  ordinance  authorizing  the  present  purchase  of  existent  property  (water  pipe 
laid  by  citizens  with  the  city's  consent)  cannot  be  considered  as  public  work 
within    the   meaning   of   this   section:      State   ex    rel.    vs.    St.    Louis.    169    Mo.    31,    37. 

I.ettInK  out  iTork  to  loneat  rv«ponNlbIe  bidder:  (.See  also  R.  C,  sees.  1987   el  seg.) 

This  clause  is  not  violated  because  the  contract  included  provisions  of  ordi- 
nance requiring  dressing  of  all  stone  to  be  done  in  Missouri:  See  cases  cited  in 
next  section   (28)   of  this  article. 

This  clause,  (sec.  27)  is  not  violated  because  of  the  selection  by  the  Board  of 
Public  Improvements  of  a  patented  cement,  manufactured  by  only  one  company, 
as  a  binding  for  the  macadam  used:  Swift  vs.  St.  Louis,  ISO  Mo.  80,  and  authori- 
ties cited. 

Nor  because  of  the  selection  of  an  article  of  paving  exclusively  made  by  a 
given  group  of  persons,  or  exclusively  within  the  control  of  one  concern: 
Asphalt  Co.  vs.  Hunt,  100  Mo.  22;  Swift  vs.  St.  Louis,  180  Mo.  80;  Verdln  vs. 
St.  Louis,  131  Mo.   26,  91,  100,  168:  Paving  Co.  vs.   Field.   188  Mo.   182. 

In  Virdin  vs.  St.  Louis,  131  Mo.  26,  Judge  Sherwood  points  out  (pp.  1  61-164  )  that 
sec.  29  of  Art.  IV  of  the  Charter  applies  exclusively  to  the  Supply  Commissioner, 
who  has  no  discretion,  and  that  it  is  Independent  of  sec.  27  of  Art.  VI,  which 
applies  to  the  Board  of  Public  Improvements  letting  out  the  contracts  to  the 
lowest  respmtsibU  bidder,  thus  according  discretion.  In  the  one  case  it  Is  a 
conti-act  of  purchase,   in   the  other  for  work. 

See  also  as  to  discretion  in  selecting  lowest  responsible  bidder,  and  the  pre- 
sumption of  right  acting  by  the  board  to  the  citizens  as  well  as  property  owners: 
Bank  vs.  Woeston,  147  Mo.  1.  c.  483;  Clapton  vs.  Taylor,  49  Mo.  App.  1.  c.  123 
el  sea.:  Gibson  vs.  Owen,  115  Mo.  258  (allowing  award  to  next  lowest  bidder  with- 
out readvertislng  where  the  lowest  one  declines  to  comply  with  the  require- 
ments after  being  selected).  And  where  there  is  such  discretion  mandamus  will 
not  lie:  State  ex  rel.  vs.  McGrath,  91  Mo.  386  (state  printing).  Also  see  cases 
in  note  to  sec.  25  of  this  article,  as  to  presumption  of  right  acting  by  the  officials. 

Nor  is  a  contract  invalidated  on  the  ground  of  interference  ■with  the  determina- 
tion of  who  is  the  lowest  bidder,  or  as  including  terms  for  repairs  with  those 
of  construction  because  it  contains  a  clause  that  the  street  or  improvement, 
after  construction,  shall  be  maintained  by  the  contractor  for  a  number  of 
years,  even  when  the  advertisement  for  bidders,  and  contract  Itself,  includes 
separate  terms  and  conditions  for  the  construction  and  for  the  maintenance: 
Bank  vs.  Woesten,  147  Mo.   467. 

That  such  a  provision  is  not  one  for  repairs  but  merely  for  the  quality  of  the 
work  at  the  outset  being  sufficiently  good  to  last  for  the  time  specified  is  held 
in  numerous  cases  cited  in  note  to  sec.  15  of  this  article;  see  also  note  to 
sec.   IS. 

It  was  held  in  Allen  vs.  Rogers.  20  Mo.  App.  290,  that  a  contract  was  not 
invalidated  because  of  uncertainty  as  to  the  lowest  bidder  because  containing 
a  clause  that  the  contractor  shall  do  such  extra  work  as  the  street  commis- 
sioner shall  direct  at  a  price  fixed  by  the  commissioner;  the  court  holding  such 
clause  to  refer  only  to  work  resulting  from  unforeseen  circumstances  in  carry- 
ing out  the   contract. 

That  there  Is  but  one  bid  does  not,  of  course,  invalidate  the  contract:  Barber 
Asp.  Co.  vs.  Hezel,  76  Mo.  App.  1.  c.   152. 

Mistake  in  biil;  withdrawal  of  bid  by  contractor,  etc.:  See  Moftett  vs.  Rochester, 
173  U.  S.  373   (under  charter  of  City  of  Rochester). 

As  to  lo.-^t  bid  see  Morlcy   vs.   W.-akl.-y.   86  Mo.    151.    157, 

C'on(riiotor*M  boD<l;  and  qImo  fur  runtract  provtslons,  time  fur  cuuipletlua  of 
«urk,  etc.,  see  note  to  section   28  of  tills  article. 


ART.  VI.  Sec.  28.]  CHARTEH  OF  THK  riTY  OF  ST.   LOUIS.  42;i 

KMtliiiatr  of  coiit  required;  See  on  this  point  eii»es  cited  in  note  to  section  15 
of    tlii.s   iirtiile.      Also   see   next   section    (2S). 

-Nollee  i»if  IfttliiK  of  a  contract  for  public  work,  the  cost  of  which  Is  to  be  col- 
lected from  the  citizens  noUns  voleits  by  special  assessment  Is  a  condition 
precedent  which  must  be  fairly  complied  with,  whether  prescribed  by  Charter 
or  ordinance:  Clapton  vs.  Taylor,  49  Mo.  App.  117,  126,  and  cases  there  cited; 
Keane  vs.  Cushlngr,  15  Mo.  App.  96;  see  s.  c.  21  Mo.  App.  48.">. 

Where  one  of  the  days  of  such  a  publication  is  Sunday,  this  does  not  nuike 
the  notice  Illegal:  Clapton  vs.  Taylor,  supra.  Barber  Asp.  Co.  vs.  Muchenberger, 
105  Mo.  App.  47:  St.  Joseph  vs.  Landls,   54  Mo.   App.   315.  324. 

Nor  Is  it  fatal  that  on  the  day  of  the  letting  there  Is  no  publication  (at  least 
If  there  can  be  no  publication  on  that  day):  Clapton  vs.  Taylor,  supra:  Barlier  Asp. 
Co.  vs.  Muchenberger,  supra  (where  the  last  publication  was  on  Sunday,  so 
that  there  could  have  been  none  on  the  day  of  opening  the  bids).  A  news- 
paper does  not  prove  Itself:  the  publisher's  affidavit  is  prima  fade  correct:  to 
show  that  a  publication  did  not  take  place  as  therein  stated  it  is  not  sufflcient 
simply  to  produce  what  purports  to  be  a  copy  of  the  newspaper,  but  such  copy 
must  be  shown  to  have  been  Intended  for  circulation:  Koss  vs.  Gates,  117  Mo. 
App.  237,  246  el  sea.  (discussing  also  elTeet  of  a  special  or  "Four  O'clock" 
Edition  omitting  the  advertisement).  It  was  held  by  the  court  of  appeals  that 
where  the  advertisement  for  the  letting  of  the  contract  was  had  before  the 
expiration  of  the  10  days  after  the  approval  of  the  ordinance  which  must 
elapse  before  the  ordinance  goes  into  effect,  the  tax-bill  issued  for  the  work 
done  under  the  contract  was  void:  Keane  vs.  Klausman,  15  Mo.  App.  3G  (s.  c. 
21  Mo.  App.  485);  but  this  case  was  overruled  by  the  Supreme  Court  in  Spring- 
field vs.  Weaver,  137  Mo.  650  (holding  that  under  the  Charter,  in  that  case  of 
Springfield,  It  was  immaterial  whether  the  advertisement  preceded  or  followed 
the    passage    of    the   ordinance). 

Hvlii.i  III  111.-  li'iiliiK  docs  not  invalidate  the  tax-hill:  .lalcks  vs.  Middlesex, 
9S  S.  W.  758  (Sup.  Ct.  Dec.  22.  1906).  As  to  delay  by  the  contractor  In  com- 
pleting  the    work,    see    note    to    next    section. 

Spc.  '2S.  IniproN  cmciil  ordinances  (o  <-(>ntain  succifK-  ap- 
l>r(»i»riation  \^(>I•lv  nia>  Im-  «l<»nt'  in  paiis,  but  ap]>r(>pi'ia(ion 
shall  Im"  ina(l«'  lor  «'afli  part. — Kvcry  oriliuanrr  rrquirino-  woi'k  \><  lie 
(liiiic  sliall  ('(iiitiiin  a  specific  approiiriatioii  Iroiii  tlu'  pfopcr  revcmu'  and  I'lind 
for  siicli  i);irt  riicn'or,  as  may  be  ]ta.val)le  liy  llie  city  based  uikhi  an  estiinale 
of  cost,  to  he  endorsed  by  tlie  rresident  of  riie  Koafd  of  l'iil)lic  Improvements 
on  said  ordinance,  for  tiie  wlioU'  of  the  cost  of  tiie  projiosed  woric.  I'lori'Ii'd. 
Iiniri  11  r.  liuit  when  the  work  c(iiiteiii](hiled  l)y  siicii  (irdiiKince  is  of  siicii  maji;- 
nililde  tiiat  the  tol;il  cost  thereof  would  exceed  the  ;iiihmiiiI  of  money  then  in 
the  city  treasury.  ;iiid  availalde  for  such  imrjiose,  the  oiiliiiance  may  |)rovide 
for  ilif  whole  work,  wiiicii  shall  prescribe  that  it  shall  be  contracted  for  and 
done  in  sections  or  parts  as  the  Assembly  shall,  from  time  to  time,  appro- 
priate the  money  to  pay  for  the  same.  But  in  all  such  cases  the  work  to  be 
done  in  sections  or  ]i:irts  shall  be  limited  to  the  amount  apiirojirialtMl  for 
the  doiiiji  of  such  sections  or  parts,  and  in  this  manner  iiltini;itely  to  com- 
plete the  work  specified. 

S.-.-   not.-    I, .-lew. 

(  Out  i';i(t  |>r'(i\  isioii — snspcnsioii  of  work  on  (-oni|>laint  —  U.  I*. 
I.  to  i'\aiiiin«'  and  report — ••os(. —  livery  contract  shall  contain  a 
clause  to  the  cirrri  ili:ii  ii  i.v  .-ulijci  I  In  the  pro\isions  of  the  charter,  that  the 
a^j;re;,';ite  payments  thereon  sh:ill  be  limited  by  the  amount  of  siicli  specified 
a|i]iropriation.  and  that,  on  ten  days'  notice,  the  work  under  said  c(Mitract 
may.  without  cost  to  or  claim  ajxaiiist  the  city,  be  susj)ended  by  said  Itoard 
wifh  the  approval  of  the  Mayor,  for  want  of  means,  or  other  substantial 
cause:  /iniridiil.  that  on  the  complaint  of  any  citizen  and  taxpayer,  that  any 
public-  woi-k  is  bein^  done  cnntrary  to  I'onti'act,  or  the  work  or  material  u.xed 
is  iiiiperfeit  or  ditfereiit  fioni  wh;it  was  sti|iul;ited  to  be  furnished  or  doni'. 
the  said   l'.".ird  shall  examine  into  the  cninphiiiit   ;ind  iii:iy  ;ip|Hiiiit    two  or 


424  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  [ART.  VI.  Sec.  2S. 

more  members  of  said  Board  to  examine  and  report  on  said  work,  and  after 
such  examination,  or  after  eousideriug  tlie  report  of  said  commissioners, 
tliey  shall  make  such  order  in  the  premises  as  shall  be  just  and  reasonable, 
and  what  the  public  interest  seems  to  demand,  and  such  decision  shall  be 
binding  on  all  parties:  the  cost  of  such  examination  shall  be  borne  by  the 
contracror.  if  such  complaint  is  decided  to  be  well  founded,  and  by  the 
complainant,  if  found  to  be  groundless. 

Amendment  adopted  Oct.   22,  1901. 

<'ontract  provisions:  See  ordinances  Rev.  Code,  sees.  270,  191S  et  seq.,  8S4  and 
following.  A  provision  in  pursuance  of  an  ordinance  that  all  stone  used  be 
dressed  in  the  State  of  Missouri  is  valid:  Allen  vs.  Labsap.  ISS  Mo.  692,  698; 
or  at  least  will  not  make  a  tax-bill  void  when  it  is  shown  that  in  the  particular 
case  competition  was  not  restricted  thereby:  St.  L.  Quarry  Co.  vs.  Frost,  90 
Mo.  App.  677,  689.  But  the  ordinance  upon  which  that  clause  was  based  was 
held  void  in  St.  L.  Quarry  Co.  vs.  Von  Versen.  81  Mo.  App.  519;  it  was  omitted 
from  the  Mun.  Code  1901  and  is  not  incorporated  in  present  contracts,  and  may 
presumably  be  considered  as  repealed,  although  no  express  repealing  act  has  been 
discovered  by  the  reviser;  See  note  to  R.  C,  sec.  1921. 

Restriction  in  contract  that  laborers  work  only  eight  hours  per  day  is  valid: 
St.  Louis  Quarry  Co.  vs.  Frost.  90  Mo.  App.  677,  690;  Curtice  vs.  Schmidt,  101 
So.  W.  (Sup.  Ct.  March,  1907)  61,  66;  (see  R.  C,  sec.  270,  and  note  thereto;  also 
Atkin  vs.  Kansas,   191  U.  S.   207). 

An  ordinance  for  street  improvements  is  not  void  because  it  leaves  certain 
details  of  construction  to  the  discretion  of  the  proper  city  offlcials:  See  cases 
In    note    to    sec,    15    of   this  article. 

A  provision  in  a  contract  for  public  work  that  in  order  to  prevent  disputes  and 
litigation,  the  city's  commissioner  shall  determine  the  amount  of  the  work 
to  be  paid  for,  and  shall  decide  all  questions  which  may  arise  relative  to  the 
execution  of  the  contract,  is  valid  and  his  estimate  will  not  be  set  aside  except 
for  fraud,  partiality  or  misapprehension  of  fact:  McCormick  vs.  St.  Louis, 
166  Mo.  315  (two  judges  dissenting  on  the  ground  that  the  commissioner  had 
no    power    to    construe    the    contract). 

The  power  to  make  improvements  and  to  let  contracts  therefor  and  to  exact 
of  the  contractor  a  bond  for  the  faithful  performance  of  his  contracts  neces- 
sarily implies  the  power  to  do  everything  necessary  for  the  faithful  performance 
of  the  work,  for  the  protection  of  the  city  and  its  citizens  and  for  securing  the 
best  and  lowest  possible  bids.  Indeed,  it  is  difficult  to  conceive  of  any  matter 
of  detail  incident  to  the  contract  and  the  work,  that  the  city  might  not  re- 
quire, that  a  private  person  could  require:     St.  Louis  vs.  Von  Phul,  133  Mo.  1.  c.  567. 

Bond  of  contractor:  (See  also  Rev.  St.  1S99,  sec.  6762,  and  Rev.  Code,  sec. 
1989,  as  to  provisions  in  favor  of  material  men  and  laborers  in  case  of  muni- 
cipal contracts).  The  bond  niay  be  properly  conditioned  to  require  the  con- 
tractor to  pay  to  the  proper  parties  all  amounts  due  for  material  or  labor 
employed  in  the  performance  of  the  contract;  and  such  provision  may  be  enforced 
by  the  persons  sought  to  be  benefited  thereby:  St.  Louis  vs.  Von  Phul,  133 
Mo.  561;  Kansas  City  vs.  Surety  Co.,  196  Mo.  281,  305.  See  also  as  to  contract 
of  school  district  to  same  effect:  School  District  vs.  Livers,  147  Mo.  580.  The 
city  should  not  sue  in  its  own  name  but  to  the  use  of  the  material-men:  Bethany 
vs.  Howard,  149  Mo.  504.  The  contract  between  the  material  men  and  the 
contractor  is  independent  of  the  contract  between  the  city  and  the  contractor; 
the  fact  that  the  contract  between  the  city  and  the  contractor  may  be  invalid 
can  have  no  effect  upon  the  contract  between  the  material  men  and  the  con- 
tractor; and  after  the  work  is  done  and  paid  for  by  the  city  to  the  contractor, 
the  latter's  sureties  on  his  bond  to  the  city  for  the  benefit  of  the  material  men. 
are  estopped  from  claiming  the  invalidity  of  the  bond  and  contract  with  the 
city:    Kansas  City  vs.  Surety  Co.,  196  Mo.   281,  1.  c.   302. 

But  it  was  held  by  the  Supreme  Court  in  St.  Louis  vs.  AVright  Contracting  Co. 
(101  S.  W.  6,  decided  March.  1907)  that  the  city  cannot  sue  as  trustee  of  an  ex- 
press trust  for  the  benefit  of  property  owners  on  the  bond  of  a  contractor  who 
had  entered  into  contract  with  the  city  for  the  grading  and  paving  of  streets, 
but  who  in  violation  of  his  contract  refuses  to  do  any  work,  thus  compelling 
the    city    to    relet    the    work    to    another    at    a    higher    price,    which    the    property 


ART.  VI,  Sec.  28.]  CHARTER  OF  THE  CITY  OF  ST.  LOL'IS.  425 

"wners  have  to  pay  in  special  tax-bills.  The  form  of  bond  as  at  present  In 
use  in  such  cases  does  not  explicitly  confer  on  the  property  owners  a  right 
to  sue  on  it.  and  the  court  held  no  such  right  existed,  thereby  depriving  the 
property  owner  of  all  redress  against  a  contractor  who  violates  the  contract 
made  by  the  city,  thus  announcing  that  while  the  city  may  bind  the  owner's 
property  to  pay  to  the  contractor  for  the  improvement,  yet  it  has  no  riglit 
til  protect  him  if  the  contractor  violates  his  agreement  to  the  city. 

Time  for  romplrtlaii  of  nark:  The  tax-bill  will  not  bo  void  If  the  work  is 
lompleted  within  a  reasonable  time,  psovlded  no  ordinance  provisions  regulate 
the  time  and  the  contract  provides  certain  deduction  to  be  made  If  the  work 
be  not  completed  within  a  certain  specified  period,  thus  manifesting  the  con- 
templation of  a  non-completion  In  that  time:  Allen  vs.  Labsap.  18S  Mo.  692, 
1)96:  Heman  vs.  Gilliam,  171  Mo.  258,  267  tl  no.  reviewing  all  the  cases,  dis- 
tinguishing them,  and  overruling  Ayers  vs.  Schmoll,  Sfi  Mo.  App.  319:  Curtice  vs. 
Schmidt,  101  S.  W.  61    (March  2S,   1907). 

But  even  under  the  above  conditions  if  the  work  Is  not  llnlshed  In  reasonable 
time  and  the  contractor  does  not  proceed  In  reasonably  good  faith  to  flnlsh 
In  the  time  specified  in  the  contract,  the  tax-bill  Is  void:  Schlbel  vs.  Merrill, 
185  Mo.  53-1,  and  cases  cited. 

.■\nd  If  the  ordinance  does  provide  within  what  time  the  work  Is  to  be 
•  ■ompletcd,  the  work  must  be  completed  within  the  time  so  specified,  or  the  tax- 
bill  will  be  void,  and  this  even  If  the  contract  In  pursuance  of  such  ordinance 
contains  provisions  fixing  penalties  for  non-oompletlon  In  time,  or  undertakes 
to  extend  the  time,  for  the  ordinance  controls  the  contract  whenever  repugnant: 
I'aving  Co.  vs.  Munn,  185  Mo.  552,  568,  reviewing  the  cases:  and  see  Hund  vs. 
Rackllffe,  192  Mo.  312,  323  tl  uq.  .-Vnd  if  there  is  a  general  ordinance  requiring 
the  work  to  be  completed  "within  the  time  agreed  on"  and  the  contract  fixes 
that  time,  though  the  special  ordinance  providing  for  the  work  does  not,  the 
tax-bill  Is  invalid  if  not  completed  according  to  contract:  Springfield  vs.  Davis. 
80  Mo.  App.  574  as  explained  and  distinguished  in  Heman  vs.  Gilliam,  171  Mo. 
loc.  clt.  267-26S:  see  also  Hund  v.s.  Rackllffe.  192  Mo.  312.  323.  If  the  contract 
lontain  no  time  limit  but  the  letting  notice  did  specify  a  limit,  which  formed  the 
basis  of  the  bids,  such  limit  will  bo  consld<'red  as  Intended:  Turner  vs.  Spring- 
field. 117  Mo.  App.  418. 

Delays  caused  by  injunctions,  bad  weather,  etc.  (when  not  contracted  against) 
furnish  no  excuse:  McQulddy  vs.  Brannock,  70  Mo.  App.  535,  543-545,  approved  In 
Trust  Co.  vs.  James,  77  Mo.  App.  616:  and  even  when  the  contract  contains  a 
saving  provision  against  delays  on  account  of  such  matters  the  tax-bills  are 
void  If  the  work  Is  delayed  beyond  the  specified  time  for  reasons  other  than 
those  excepted:    Springfield   vs.   Schmook,   120  Mo.    App.    41. 

And  where  the  work  Is  not  completed  within  the  time  required,  the  Municipal 
.\ssembly  cannot,  after  the  expiration  of  such  time,  extend  the  time  for  com- 
pletion and  no  valid  tax-bill  can  issue;  vitality  cannot  be  given  to  an  expired 
and  forfeited  contract:  Nelll  vs.  Gates,  152  Mo.  585:  Hund  vs.  Rackllffe.  192 
Mo.  312,  322  el  uq„  distinguishing  the  cases:  see  also  Spalding  vs,  Forsee,  109 
Mo.  App.  675:  Barber  Asp.  Co.  vs.  Ridge.  169  Mo.  376. 

But,  prior  to  the  expiration  of  the  time  fixed  for  the  completion  of  the  work 
and  during  the  life  of  the  contract,  the  assembly  may  enact  a  valid  extension 
of  the  time,  and  In  the  absence  of  fraud,  the  courts  will  not  Interfere  with  the 
legislative  iletormlnatlon  as  to  what  is  a  reasonable  extension:  Hund  vs. 
Rackllffe.  192  Mo.  312.  325:  see  also  Hilgert  vs.  Barber  Asp.  Co.,  108  Mo.  App. 
3S4.  395  rl  ttq.  and  cases  cited.  So  where  no  time  is  fixed  and  the  extension  Is 
given  before  the  expiration  of  a  reasonable  time:  Sparks  vs.  Villa.  99  Mo. 
App.   489. 

Delay  in  the  uitinx  of  the  contract  (the  terms  of  the  contract  being  observed 
by  the  contractor)  after  the  passage  of  the  ordinance,  will  not  defeat  recovery 
on    the   tax-bill:     .liiliks   vs.   Middlesex,  98   &   W.   759    (Sup.   Ct.   Mo.,   Dec.    22.    1907). 

Sprrlfle  niMinipriii ihm :  See  R.  C.  sec.  1920.  The  provision  of  sec.  28.  Art.  VI, 
applies  onl>  tii  <<>riiia<ts  for  work  to  be  paid  out  of  the  city  treasury;  the 
limit  put  on  the  price  to  be  paid  Is  the  amount  of  the  specific  appropriation, 
not  the  estimate  submitted  to  the  assembly  by  the  B.  P.  I.  The  section  has 
no  application  to  work  to  be  paid  for  by  special  tax-bill  against  the  realty 
affected   liy  a  sewer  construction:      Hill  vs.   Swingley,   159  Mo.   45,   48. 

See  remarks  as  to  the  wisdom  of  such  requirements  of  specific  appropriations 
by  Marshall,  J.,  dissenting  In  Pryor  vs.  K.  C,  153  Mo.  161. 


420  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  [ART.  VI,  Sec.  28. 

A  contractor  cannot  recover  for  work,  under  order  of  a  city  official,  in  excess 
of  the  appropriation   tlierefor;      Perkinson   vs.   St.  Louis,  4  Mo.  App.   322. 

ENtliiiate  of  cost:  See  cases  in  note  to  sec.  15  of  this  article;  see  also  Hill  vs. 
Swing-ley,  sufira  159  Mo.  1.  c.  48;  Bambrick  vs.  Campbell.  37  Mo.  App.  460,  464; 
Kinealy  vs.  Gay,  7  Mo.  App.  203;  Seibert  vs.  Cavender,  3  Mo.  App.  421;  Sher- 
wood, J.,  dissenting  in  Verdin  vs.  St.  Louis,  131  Mo.   1.  c.   133. 

SuMpeOHion  of  nork  on  complaint  of  cltizenH,  and  investigation  by  B.  P.  I.,  etc.; 

Ordinances  carrying  out   this  charter  proviso,  and  providing  for  investigation   on 
complaint  of  ta.x-paying  citizen,  etc.,  see  Rev.  Code,  sees.  1922-1932  inclusive. 

As  to  reduction  of  amount  of  tax-bill  for  imperfect  work  see  sec.  25  of  this 
article  and  note  thereto;  as  to  pro  tan  to  recovery  where  ordinance  partially 
void  see  sec.  15  hereof. 

Sec.  29.     Street  sprinkliii}?  authorized  by  ortliiiaiu'e— speeial 
tax      bills      therefor       i.ssned      in      favor     of      city — contraets 

made      aniiiially     by     li.     P.     I sprinkling'     <listri<'f  — «lat<'      of 

special  tax  lien — interest — eost  of  sprinkling  paiti  out 
of  city  treasury  —  City  reimbursed  by  special  tax  bills. 
— The  Mayor  and  Assembly  shall  have  power  within  the  city  by  ordinance 
to  cause  the  streets  and  public  places  of  the  city,  or  any  part  thereof,  to  be 
sprinkled,  and  the  cost  thereof  to  be  provided  for  and  defrayed  by  a  special 
ta.\  to  be  assessed  in  favor  of  the  city  on  tlie  adjoining  ]iroperty  fronting  or 
bordeiino-  on  the  streets  or  ])ublic  places  where  such  sprinkling  is  proposed 
to  be  done,  in  the  proi)ortion  that  the  linear  feet  of  each  lot  fronting  or 
bordering  on  the  street  or  public  jdace  so  to  l)e  sprinkled  bears  to  the  total 
number  of  linear  feet  of  all  property  chargeable  with  the  special  tax  afore- 
said in  the  territory  embraced  by  the  contract  under  which  said  sprinkling 
is  to  be  done.  The  above  work  shall  be  contracted  for  annually  by  the  Hoard 
of  Public  Improvements  at  such  time  and  under  such  terms  and  conditions 
as  shall  be  jn-ovided  by  ordinance,  and  the  city  shall  be  divided  into  at  least 
forty  sjirinkling  districts  for  the  ab()\c  imrpose.  and  each  district  shall  be 
let  separately.  The  special  tax  bills  s]>oken  of  shall  be  and  become  a  lien 
on  the  projierty  charged  therewith  from  the  first  Monday  in  April  in  each 
year,  and  shall  be  prima  favk  evidence  of  the  liability  of  the  property 
charged  therewith  to  the  extent  and  amount  therein  specified,  and  may  be 
collected  of  the  owner  of  the  land  in  the  name  of  and  by  the  City  of  St. 
Louis  as  any  other  claim  in  any  court  of  competent  jurisdiction,  with  in- 
terest at  the  rate  of  six  per  cent  i)er  annum  from  the  tirst  day  of  May  in 
each  year,  and  if  not  paid  by  the  first  day  of  June  in  each  year,  then  at 
the  rate  of  eight  jier  centum  per  annum  from  the  first  day  of  April  in  each 
year,  and  they  shall  be  issued  and  collected  in  the  manner  hereafter  pro- 
vided by  ordinance.  The  cost  of  the  sprinkling  shall  be  paid  out  of  the 
city  treasury  to  the  contractois.  and  the  City  Treasurer  shall  be  reimbur.sed 
for  such  ex]ienditures  by  the  jiroceeds  of  the  special  tax  bills  aforesaid. 

Aiiientliiient  enacted  at  charter  election  held  Oct.   22.  1901. 

OnlinnneeH  concerning  street  sprinkling:  See  Rev.  Code,  Chapter  12,  Art.  3, 
sees.  941-1082;  sprinkling  between  street  car  tracks  by  car  companies;  R.  C, 
sec.    1901, 

Special  tnxulioii  for  nprinlvline  as  provided  under  the  charter  of  Kansas  City 
was  held  to  be  unauthorized  and  in  violation  of  fundamental  law  and  not 
within  the  taxing  power,  by  Judge  Phillips,  in  N.  T.  Life  Ins,  Co.  vs.  Prist,  71 
Fed.    (C.  C.)    815. 


ART.  VII.  Seo.  1-:!.  I  CIIAUTKH  OF  TIIIO  CITY  Ol'^  ST.  LOUIS. 

AKTICLK  VII. 


427 


WATKU  WORKS. 


SKCTION 
1.   Water    commissioner; 
etc. 


Ills    term.    bond. 


SECTION 
D.   Collections   to   be  deposited   In   treasury 
dally — montbly    statement    to    comp- 
troller. 

10.  Issue  of  water  licenses,  etc. 

11.  Assembly  may  regulate  water  rates — 
revenue      from      water-works,      how 

applleil. 

12.  Water  rates  to  be  fixed  so  as  to  pay 
current  expenses  of  works  and  In- 
terest on  water-bonds — exceptional 
discriminations  forbidden. 

13.  Sale  or  lease  of  water-works  forbid- 
den— fund  to  renew  and  extend 
water-works,  and  to  pay  Interest 
and   principal   of  water  bonds. 


?  Water  commissioner  to  assume  charge 
of    the   department,   etc. 

3.  Contracts  for  work  to  be  submitted  to 
council. 

I  City  to  be  liable  for  real  estate  taken 
for  water-works,  etc. 

5.  Laying  of  water  pipe. 

6  Owners  of  buildings  may  be  compelled 
to  take  out  water  license  as  a  san- 
itary   measure,   etc. 

7.   Assessor   and    collector   of   water    rates 

— clerks,  duties,  etc. 
S.    Mis  salary  and  l>ond. 

Sfc.  1.  >\  ator  <-«Miiniis.si<>ii('i' — lii.s  torin,  bond,  vtv. — The  watir 
works,  cxccjil  llu"  iis.scs.siiiiMil  111  wali'i'  r;itcs  iiikI  llic  collfcl  ion  of  Ilic  rcvc- 
iiiii'  lluTt'froiii.  sliall  Ix'  uihIit  iIh-  control  and  iiiaiiiifit'iiuMil  of  a  coiiiniis- 
sioncr.  to  he  known  as  "Walcr  ( 'oiiuiiissionci-.'"  wlio  sliall  he  aiiiioiiitcil  hy 
tlu>  .Ma.vor.  ami  contirnu-il  l)y  tin-  ( 'oiiinil.  anil  shall  l)i'  a  duly  <|iialitifd 
fiif^lin'cr.  hold  ol'tirc  I'ur  lour  years,  and  j^iM-  such  hoiid  as  may  lie  required 
hy  iirdinaiii'i'.  Ilf  sliall  aii|)oim  such  siihoi-dinalcs  as  may  he  necessary 
for  the  iiianaijcnieni  and  ellicieni  ipi'craiinn  uf  said  walcr  works  as  may  lie 
|>rnvided   hy  ordinance. 

(Iifirtrr,  .-Vrt.  I\'.  sec.  37.  designates  the  general  powers  and  duties  of  Water 
Commissioner:  Art.  1.  sec.  1.  and  .\rt  III.  sec.  26.  clause  2,  confer  power  to  estab- 
lish and   maintain   waterworks. 

lor  ipr.iiniiiK'rii  see  Rev.  Code,  sees.  1957-1963,  Inclusive, and  sees.  2001,  2005-2010. 

Mntiiiea:  H,  S.  1S99.  sec.  64SS.  confers  power  on  city  to  contract  to  supply 
"th»T  municipalities  with  water  from  Its  works,  also  persons  and  corporations 
beyond  the  city  limits:  sec.  64S9  authorizes  procurement  of  water  from  other 
cities:  sec.  6490  authorizes  laying  of  pipes,  etc..  to  carr.v  out  the  foregoing  sec- 
tions:  s.-f.    t>  I'M    («roviil.-.><   condeinnarioii   proceedings,   etc. 

Spc.  2  \\  ill  «'r  torn  ill  issioiuT  (o  asHuni«>  «"liai'jit'  of  Hit'  dt-part- 
llKMlt,  «'!<•• — I  lion  the  a|i|>iiiniiiienl  id'  the  Water  ( 'Kiiiiiiissiuncr  iiiidiT  this 
(haiiei-.  he  .shall  lake  cliai-;;e  of  the  water  works,  and  all  the  aiijuirlenances 
thei-etn.  and  shall  assunn'  su]icrvisory  control  over  tlie  oj)cratioii  of  the  same,  and 
enforce  the  iierforinance  of  all  exisliii};  and  future  contracts  and  work:  and 
it  shall  Ik»  the  diUy  of  tlie  Hoard  of  Water  Coimiiissioiiers,  and  all  other 
persons  liavin^  char<r<'  of  the  water  works,  or  connected  tlierewith.  upon 
demand  of  saiil  Commissioner,  to  ini-n  over  all  hooks,  records,  pro]iei'i\  awiI 
assets  helon;;in^  tn  said  water  works  to  said  Commissioner,  and  iliereii|iiiii 
the  ofticial  terms  of  saiil  Hoard  of  Water  Commissioners  and  their  ap- 
j>ointees  shall  cea.se  and  determine. 

S.-.  :;  ('«Mitra«"t  for  work  h'l  l»v  C'ommissioiu'rtolM'  snlmu((od 
to  ('<Min<'il. — 'I'hi-  doiiii,' of  all  work,  and  tin-  fiiriii>liinir  of  .-ill  mati  rial.- and 
supplies  for  the  water  works,  shall  tie  let  out  hy  the  Commissioner  in  the  same 
manner  as  other  piihlic  work,  except  in  cases  where  it  is  not  practical  to  do 
such  work  or  furnish  siidi  materials  by  contract  :  and  all  contracts  shall  lie 
sulimilte*!  to  th*>  Council  for  approval. 

Ordinance  provision  R.  C.  see.  1957,  follows  this  section:  see  note  thereto. 


428  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  [ART.  VII.  Sec.  4-6. 

Sec.  4.  City  to  be  liable  for  real  estate  taken  for  water  works, 
etc. — The  City  of  .St.  Loui.s  shall  be  liable  for  all  damages  that  may  be  sustained 
by  any  persou  in  his  or  her  projierty.  by  The  taking-  of  any  real  estate,  for 
the  pnrposes  necessary  for  the  efficient  oi)eration  of  its  water  works,  and 
if  the  amount  of  compensation  to  be  paid  to  any  such  owner  or  owners 
can  not  be  amicably  agreed  upon  between  the  city  and  such  owner  or 
owners,  then  application  may  be  made  by  the  City  Counselor,  on  behalf  of 
the  city,  to  the  Circuit  Court  of  the  Eighth  Judicial  Circuit,  for  assess- 
ment of  such  damages,  in  the  same  manner  as  is  ju'escribed  in  this  Charter 
in  the  matter  of  street  oiienings. 

Where  condemnation  is  authorized  only  in  case  no  agreement  can  be  other- 
wise attained,  tlie  proceeding  to  condemn  must  sliow  sucli  inability  to  agree: 
Graf  vs.  St.  Louis.  S  Mo.  App.  562.  See  other  cases  cited  in  note  to  sec.  2  of 
Art.  VI  of  the  Charter. 

For  condemnation  in  street  openings  see  Charter.  Art.  VI.  sees.  1  to  12,  and 
notes   thereto. 

Sec.  .5.  Laying"  of  water  i>ii>e. — Whenever  a  majority  in  interest  of  the 
pi-ojierty  holders  on  any  street,  avenue,  lane  or  alley,  in  the  City  of  St. 
Louis,  shall  hereafter  petition  for  water  pipe  to  be  laid  along  such  street, 
avenue,  lane  or  alley,  and  the  laying  of  the  same  is  authorized  by  ordi- 
nance, or  whenever  the  Assembly  shall,  by  a  vote  of  two-thirds  of  all  tlie 
members  elected  to  each  branch,  declare  the  laying  of  water-pipe  on  any 
street,  avenue,  lane  or  alley,  to  be  necessary,  the  Water  Commissioner  shall 
cause  the  same  to  be  laid;  and  the  cost  of  laying  all  such  pijie  shall  be  paid 
as  provided  by  ordinance. 

The  City  of  St.  Louis  has  power  to  contract  for  the  appropriation  to  its  own 
use  of  water  mains  laid  in  a  public  street  by  private  citizens  at  their  own 
expense  but  with  the  consent  of  the  city,  at  a  time  when  the  city  wag  short 
of  money;  and  the  city  may  pay  therefor  out  of  Its  revenue  and  make  it  a  part 
of  its  waterworks  system:  State  ex  rel.  vs.  St.  Louis.  169  Mo.  31  (holding  also 
that  such  acquirement  is  not  controlled  by  the  provisions  relating  to  letting  of 
Public   Work). 

An  ordinance  for  laying  water  pipes  is  valid  although  not  declaring  the  laying 
to  be  necessary;  the  passage  of  the  ordinance  is  equivalent  to  such  averment 
and  action  thereon;  nor  is  the  ordinance  invalid  because  it  fails  to  sho^nr  a  two- 
thirds  vote,  the  presumption  being,  in  the  absence  of  a  contrary  showing  that  it 
was  legally   passed:      Young  vs.   St.   Louis.   47  Mo.   492. 

Sec.  6.  OAvners  of  buildings  may  be  compelled  to  take  out 
water  license  as  a  sanitary  measure,  etc.— The  Water  Commissioner 
may  ie(iuiie  owners  or  lessees  or  their  agents,  of  houses,  stores  and  other 
buildings  in  the  city,  or  in  such  part  thereof  as  he  is  ready  to  supply,  to  take 
out  license  for  the  use  of  water  for  such  house,  store  or  building,  according  to 
the  I'ates  and  assessment  as  fixed  by  ordinancesof  thecity  for  the  use  of  water, 
whenever  the  Board  of  Health  of  tlie  City  of  St.  Louis  shall,  by  order  duly 
made,  declare  that  the  use  of  water  from  tiie  water  works  of  the  city  in  any 
sncii  house,  store  or  building,  is  demanded  as  a  sanitary  measure  for  tiie  jires- 
ervation  of  the  health  of  the  inmates  or  inhabitants  of  such  house,  store  or 
building;  and  the  said  I'ate  and  assessment  shall  be  paid  by  all  such  pro- 
jirietors,  owners  or  lessees,  or  their  agents,  as  well  by  those  who  consent 
as  by  those  who  refuse  to  i)lace  in  their  houses,  stores  and  buildings  the 
water  jiipe  to  convey  the  same,  and  shall  be  payable  whenever  the  Assessor 
of  Water  Kates  shall  have  notified  the  ])roiirietor,  owner,  lessee,  or  his 
or  her  agent,  of  the  readiness  of  said  Water  Commissioner  to  supply  such 
house,  stoi'e  or  building  with  water  as  aforesaid.  Tbe  jiarties  who  fail  or 
neglect  to  comply  with  the  provisions  of  this  section  shall  be  subject  to 
jienalties  as  may  he  provided  by  ordinance. 

See  ordinances  in  pursuance  of  this  section:  Rev.  Code.  sees.  2462  to  2664.  See 
also  St.  Louis  vs.  Tiefel,  42  Mo.  .'i7S.  I.  c.  593. 


ART.  VII,  Sec.  7-11.]  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  421) 

Si'f.7.    Asst'ss«»raiul("(>lh'(t<>r  of  Wairr  liatos — clerks,  duties, 

etc. — Tln>  as.ses.siiiiiit  iiud  collfctiuii  of  wul-'i-  ratf.-^  s\inU  In-  uiidfr  the  cimti-ol 
and  siijH'i-visioii  of  an  Assossoi-  and  ('(dicclor  of  \\al('r  IJatcs,  wiio  shall  lie 
aii]n)inl('d  liv  I  he  M:iMir,  and  contii'ini'd  hv  ihc  ('oiuuil.  lie  shall  have 
autliority  to  a|iiniint  .siicli  rh'i-ks  and  assistants  as  may  ht-  aiitliurized  by 
ordinance.  It  shall  be  the  duty  of  said  Assessor  and  Collec-tor  to  collect 
all  fcveinie  due.  or  to  become  due.  to  the  <"ity  of  St.  Louis  I'of  water,  of 
•'ccniinj;  to  the  City  of  St.  Louis  on  account  ol  the  water  works  thereol'.  in 
\irtue  of  any  ordinance  now  exisiiiij;  or  hereafter  to  lie  jiassed. 

For  ordinances  relatliiK  to  Asstssor  ami  ColUctor  of  Water  Hates  see  Rev.  Code, 
Chap.  38.  Art.  1,  sec.  2447  et  sfQ.;  duties,  sec.  2456;  clerks  and  assistants,  2451, 
2452,    2455. 

Sec.  S.     His  salary  and  hoiul The  Assessor  and  Collector  of  Water 

Kates  shall  recei\<'  a  salar\  to  he  ti.xed  by  ordinance,  not  exceediuj;  three 
thousand  dollars  a  year,  and  shall  fiixc  a  bond  of  one  hundred  thousami 
dollars,  with  not  less  than  four  j;ood  s\ireties.  owners  of  unim  iinibered  i-ea  I 
estate,  within  the  City  of  St.  Louis,  of  the  asses.sed  value  of  one  hundrcil 
thousand  dollars,  to  be  approved  by  the  .Mayor,  conditioneil  ihal  he  will 
faithfully  and  puiK-lually  cidlect  and  ]>ay  to  the  Treasure'-  of  the  Cil\  of 
St.  Ltuiis  all  moneys  due  and  c(dlectible  lor  and  on  account  of  the  walei- 
works,  and  tiiat  he  will  faithfully  perforin  all  the  duties  of  his  oflice  m 
coi'diiij;  to  law. 

Ordinance  fixing  salary:  R.  C.  sec.  2449;  bond:  Rev.  Code,  sec.  2450.  His  salary 
cannot  be  Increased  during  the  term,  and  the  period  he  holds  over  after  the 
regular  four  year  term  l.s  a  part  of  his  term  so  that  an  Increase  In  salary  does 
not  apply  to  that  period:  State  ex  rel.  vs.  Smith,  S7  Mo.  158;  and  he  and  his 
sureties  on  his  bond  are  liable  for  breaches  during  such  holdover  period;  Ibid 
I.  c.  p.  IfiO.  citing  Ix>ng  vs.  Seay,  72  Mo.  648  and  State  ex  rel.  vs.  Kurtzeborn. 
7S  Mo.   9S. 

Sec.  ".I.  Collert  ions  lo  Li-  <le]M>site<l  ill  treasury  daily — luontli- 
ly  stal^'UKMit  to  Coinpt  roliei-, — At  the  close  of  each  ilay.  the  Asses.sor  and 
Collector  of  Wafer  Hates  sh.ill  ile|iosit  in  the  city  treasury  the  revenue  col- 
lected diiriiif;  the  day,  takiiij;  tri]>licate  receipts  for  the  same,  one  of  which 
shall  be  deposited  with  the  (dmplroller,  and  one  wilh  ihe  Andil(M-.  livery 
failure  in  this  respect  shall  be  reported  to  the  Mayor,  iiiion  which  the  Mayor 
may  suspeml  or  iemov(>  said  Collector.  lb'  sh;ill  monthly  furnish  th(> 
Comi>lroller  with  a  full  and  eomjilett'  staleineiii  of  :ill  collections  m;id(>  by 
him,  also  the  number  of  blank  licenses  not  used. 

Ordinance  provisions  are  the  same;  Rev,  C,  sees.   2457,   2460. 

Sec.  10.      I'sxiie  of  water   liceii>e,  etc The  ('•)mptroller  shall  idun- 

lersi};n  all  blanks  recei\ed  from  the  He{;;isier  for  water  license,  and  shall  issue 
the  s;ime  to  the  Collectoi'  ami  .\s.sessor  of  \\'ater  Hales,  takiiio  his  (ln|dic;ile 
ivceipts  therefor,  one  of  wliich  he  shall  tile  with  the  Auditor.  The  Comp- 
troller is  fnrlher  iiisti-ncled  to  (*.\amiiie  the  monlhly  statement  of  Iht' 
said  .\ssessor  and  Collector,  and  to  certify  to  the  Auditor  whether  it  i;i 
correct  or  not. 

See   R.   C.   sec    L'l.'.'.' 

Sec.  11.  Ass(Miilil\  in:i\  feyulat*'  watei"  rates — rt'v eiiue  I'roui 
water  rates,  1um\  iiiiplicd.  — Tlie  Assembly  mny  make  alterations  in  the 
prices  or  rents  to  be  paid  fi-r  tie-  use  of  water  from  tin- water  works,  and  the  whole 
net  income  from  rents  and  receijits  of  the  water  works,  in  excess  of  what 
may  be  necessary  for  eompletini;.  con.structinfi,  o]ieratinp  and  repairinj;;  the 


430 


CHARTER  OF  THE  CITY  OF  ST.  LOUIS. 


[ART.  vni.  Sec.  1. 


water  works  and  for  interest  on  water  bonds  sliall  be  transferred  (juaiterly 
1o  the  fund  eoniniissioners  of  tlie  ("ity  of  St.  Louis,  and  shall  lie  by  them 
invested  in  St.  Louis  Water  bonds,  if  the  same  can  be  done  advanta<;e()usl_v, 
and  if  not,  in  other  bonds  of  the  City  of  St.  Louis;  and  if  none  such  are 
]ii-ocui-able,  then  in  bonds  of  the  State  of  Missouri,  or  the  I'nited  States, 
and  the  whole  sum  so  invested  shall  be  set  apart  as  a  sinking  fund,  solemnly 
appropriated  to  and  for  the  payment  of  the  bonds  issued  for  the  erection 
of  the  water  works,  denominated  "St.  Louis  Water  Honds."  and  shall  be 
applied  solely  to  that  purpose  until  the  whole  of  said  bonds  be  fully  paid; 
and  the  fund  commissioners  sliall,  whenever  recpiired  by  the  Assembly  or 
eitliiM-  branch  tlii-reof,  render  a  just,  true  and  full  account  of  all  their  re- 
reijits,  jiaynients  and  jiroceedings  under  this  section. 

OrdinnnccH  fixing  water  rates,  licenses,  and  regulations,  see  Rev.  Code.  Chapter 
38,  Art.  3,  sees.  2468-2503.  See  also  notes  of  cases  cited  there.  As  to  Water 
Bonds  see  R.   C,  Chap.  38,  Art.   2,  sees.   2528-2530  inclusive. 

AuthoritieM;  As  to  effect  of  payment  of  a  consumer  of  city  water  under  express 
or  implied  threat  of  shutting  oft  the  "water,  and  the  exaction  by  the  city  of 
illegal  rates;  and  also  as  to  nature  of  obligation  resting  in  contract  not  taxing 
power,  and  right  to  require  particular  hydrant,  and  matters  of  that  kind,  see 
Rev.  Code,  note  to  heading  of  Art.   3  of  Chap.  38;  and  to  sees.  2468.  2482. 


Sec.  11'.  Water  rates  to  be  fixed  s<>  as  to  pay  eiirreiit  expenses 
of  works  and  interest  on  water  Ixnuls — exeeptlonal  diseriniina- 
tions  forbidtlen. — The  water  rates  shall  be  fixed  at  prices  that  shall  produce 
revenue  sufficient  at  least  to  pay  the  interest  ujion  the  city  water  lionds,  and 
the  running;  exjienses  of  tlie  water  works  de]iartment.  No  water  rate  shall  be 
allowed  or  fixed  by  any  other  ]iriiici]ile  or  considerati«in  than  that  of  pro- 
diicin;;  revenue,  and  exceptional  discriminations  in  rates  are  forbidden. 


Ordinances   fixing   water    rates:    R.    C. 
Art.   3  of  Chap.   38. 


sees.    2468-2502.    See    note    to    heading   of 


See.  13.  Sale  or  lease  of  water  works  forbidden— fund  to  re- 
new and  extend  water  works,  and  to  pay  interest  an<l  principal 
of  water  bon«ls. — The  water  vvoi-ks  shall  never  be  sold,  leased  or  otherwise 
disposed  of.  The  Assembly  shall  have  power  from  the  income,  rents  and  receipts 
of  the  water  works  to  provide  a  fund  for  the  renewal  and  extension  thereof, 
and  for  the  payment  of  interest  and  principal  of  bonds  issued  for  such  re- 
newal or  extension. 

This   section    is  as  amended  at  the  charter  election  of  Oct.    22,    1901.   Submitted 
by  ordinance   20444. 


ACTICLE  Vin. 


PUBLIC  PARKS. 


SECTION 

1.  Park  commissioner — term  of  office  and 

bond — reports,  etc. 

2.  Appointment  of  assistants,  etc. 

3.  Annual       appropriation       for      parks — 

entrance  and  exit  gates. 

4.  Authority  of  municipal  assembly  to  sell 


SECTION 

or  lease  parks — action  to  be  ratified 
by   popular   vote. 

5.  Proceeds  of  O'Fallon  park  bonds  to   be 

turned    over    to    the    fund    commis- 
sioners. 

6.  Repeal  of  special  park  acts. 


Section  1.    Park  C'oniniissioner— term  «)f  olTiee  and  bond— re- 
ports, etc. The  public  parks,  places  and  squares  of  the  city,  except  Tower 

th-ove  Park,  shall  be  under  the  supervision  and  control  of  a  commissioner,  to 


ART.  VIII.  Spc.  2--I.]  CHARTER  OF  TIIK  CITY  OF  ST.  I.OFIS.  43I 

lie  kiKiwii  as  the  "I'Mik  ( 'oiiiiiiissidiicr."  to  lie  aip[Hiitilc<l  li\  ilir  .Mavur.  ami 
roiiliriiu'd  \>\  llic  » "oiiiiiil.  wlm  shall  liuld  ofticc  t'lir  luiir  vcai-s.  aiiil  iiiiiil  liis 
successor  is  ap|i<ijiiit-il  and  inialiticd,  and  j^ivo  lioiid  fur  Ilic  raillilul  pcrroi'm 
iiiicc  of  his  (lutit's  in  the  snm  of  at  least  ten  thousand  dollars,  with  at  least 
two  sui'eties,  residents  of  the  city  and  ownei's  of  uninciiiiilicred  I'cal  estate 
In  said  citv.  lie  shall  kcc|i  a  record  of  all  iimimjiIs  and  i\|i<iiilitni'es  on 
ai'connt  of  said  parks,  s(|nares  and  pnlilii-  places,  and  make  ,1  niunihly  re- 
poft  of  the  same  to  the  ( "omiilndler. 

Ordinances  concornlng  public  pnrks.  nndrcKulatlons.etc.see  Rev.  Code.  Chapter 
25.  sees.  201s  to  2035  Inclusive.  And  see  note  to  heading  (Chap.  2.'j)  giving  refer- 
ences to  the  various  provisions  relating  to  parks  In  general,  as  well  as  to  the 
respective  city  parks  In  particular.  As  to  Tower  Grove  Park  (which  Is  spedticnlty 
excepted  from  the  charter  provisions)  see  Session  Laws  Mo.  1867.  pp.  172  et  »ei|.; 
Session  Laws  IS72.  p.  469.  and  Laws  1871,  p.  1X9.  all  set  out  herein  In  "Laws 
Specially  Applicable  to  St.  Louis."  Chapter  23,  sees.  400-42G  Inclusive,  ante  pp. 
170-173. 

As  to  the  Park  Commissioner  and  hIsofflceseeCharter.  Art.  IV,  sec.  39;  Rev.  Code, 
sees.  1970  to  1975:  and  as  to  his  employes  and  salaries,  sees.  2000-2002.  2015-2017. 
Under  Its  Charter  powers  the  city  can  provide  rules  for  the  management  and 
government  of  the  parks,  and  s<'cure  by  contract  some  one  to  serve  refresh- 
ments therein  for  the  service  of  the  public:  the  control  of  the  city  Is  a  discretion- 
ary one  and  a  matter  of  local  concern,  the  park  being  held  and  owned  by  the 
city,  not  In  Its  political  or  governmental  capacity,  but  In  a  quasi-private  capacity. 
In  which  the  municipal  authorities  act  for  the  exclusive  benefit  of  the  cor- 
poration whose  Interests  they  represent:  State  ex  rel.  vs.  SchweUknrdt,  109 
Mo.  497. 

A  public  park  Is  a  public  use  authorizing  condemnation  of  private  property 
therefor  by  proper  proceedings:  County  Court  vs.  Griswold.  58  Mo.  175  (uphold- 
ing establishment  of  Forest  Park  under  the  act  "repealed"  by  sec.  6  of  this 
article):  Kansas  City  vs.  Ward.  134  Mo.  I.  c.  17":  Shoemaker  vs.  U.  .S.  147 
U.  S.  282,  297. 

But  It  must  be  established  at  the  expense  of  those  to  be  benefited  by  It,  and 
must  be  for  public  and  municipal  purposes:  State  ex  rel.  vs.  Lefflngwell,  54  Mo, 
458.    471    el  srq. 

Special  taxation  upon  tliose  specially  benefited,  to  pay  the  cost  (as  In  case  of 
streets)  Is  sustained:  Kansas  City  vs.  Ward.  134  Mo.  172,  178:  Shoemaker  vs. 
U.  S..  147  U.  S.  282,  302:  Kansas  City  vs.  Bacon,  147  Mo.  259,  273:  CralghlU  vs. 
Lambert,  IBS  V.  S.  Bll. 

See.-.  Appoiiil  MM'iil  »>r  assistants,  etc. — It  sliall  lie  ihi  duly  of 
the  Park  ('oiiimissioner  to  execute  all  ordinauces  of  the  cil\  reuulalin^  the 
inana^eineiit  and  iin]iroveineiit  of  the  public  parks,  sipiares  and  jdaces  of 
the  city,  and  for  this  [lurjiose  sliall  have  authority,  with  the  approval  of  the 
.\layt)r.  to  a)>poinl  such  assistants  and  employes  as  may  lie  |ii-o\ided  by 
ordinance. 

See  references  to  ordinance  provisions  In  note  to  preceding  section. 

Sec.  3.  .\iiinial  a|>|>^^|>^iat ion  for  parks — <mi( ranee  and  exit 
fiates. — The  Municipal  A.-'.^i-mbly  .--liall.  as  in  its  jud^'iiicnt  may  be  deemed 
necessary,  annually  make  such  appropriation,  but  not  less  than  thirty  thou- 
sand dolhirs.  out  of  the  revenue  of  the  city,  for  the  purpose  of  enilxdlishinfj;. 
improving',  and  keepinj;  in  order  all  the  parks  and  sipiares  and  places  under 
the  su[>ervision  of  the  Park  Commissioner.  lOvery  public  park  of  the  ("ity 
of  St.  Louis  shall  be  provided  with  at  least  one  entrance  .ind  exit  for  (lublic 
ns«'  on  each  side  thereof.  :ippropriate  to  the  imipose  for  which  s:iid  park 
may  bo  used. 

See  4     Aiitliority  of  "M  iinicipal  \ss«'iiil»ly  to  sell  or  lease  parks 

— a<'tion  to  lie  r;il  ilicd  l)\  p<i|iul;ir  \  o(«' The  .\Iiniiei])al  .\>sein)dy  shall 

have  aiilhoril,\ .  upon   the  recommendation  of  llie   Ituiiid   of    Public    Improve- 


432  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  [ART.  VIII,  Sec.  5-6. 

meuts,  to  provide  In  oidiiuiuce,  lor  the  sale,  or  lease,  of  any  of  the  parks, 
places  and  scjuares  under  the  supervision  of  said  Board,  but  such  ordinance 
.shall  provide  that  the  proceeds  of  the  sale  of  auy  such  park,  place  or  square 
shall  be  paid  to  the  fuud  couiuiissiouers  of  the  city,  and  that  all  rentals  shall 
be  placed  t(j  the  credit  of  the  Board  of  I'ublic  Improvements,  for  the  improve- 
ment and  embellishment  of  the  parks  of  the  city:  Provided,  hoirever,  that 
no  such  sale  or  lease  shall  be  made  by  the  Jlunicipr.l  Assenil)ly  unless  the 
ordinance  jirovidinj^  therefor  be  suljmitled  to  a  vote  or  the  (jualitii'd  voters 
of  the  city  for  ratification  at  a  <ieneral  election,  and  it  be  ratified  by  a  ma- 
jority of  the  qualified  voters  of  the  city. 

See  also  power  to  "inclose,  improve,  regulate  or  sell  all  parks  and  other  public 
grounds."  Art.  Ill,  sec.  26,  clause  3.  Ordinances  providing  tor  lease  for  resi- 
dence purposes  ot  buildings  in  certain  parks,  see  R.  C,  sees.  2025-2026;  leasing 
boat  privileges,  sec.  2027   el  sea. 

A  contract  pursuant  to  ordinance,  made  in  writing  by  the  Board  of  Public 
Improvements  of  the  City  of  St.  Louis,  with  one  for  the  exclusive  privilege  of 
selling  refreshments  and  intoxicating  liquors  in  Forest  Park,  and  giving  the 
so-called  "lessee"  possession  of  certain  buildings  on  the  premises,  is  held  not 
to  be  in  effect  a  technical  lease  nor  in  violation  of  the  provisions  of  the 
Charter  that  no  sale  or  lease  shall  be  made  unless  the  ordinance  providing 
therefor  shall  be  submitted  to  a  vote  of  the  people:  State  ex  rel.  vs.  Schweickardt, 
109  Mo.   496. 

Sec.  .'(.  Proceeds  of  O'Falloii  Park  bonds  to  be  turned  over  to 
f  untl  coniniissioner. — It  shall  be  the  duty  of  the  Auditor  of  tliet'ountyofSt. 
Louis,  and  the  presiding  justice  of  the  county  court  thereof,  after  the  adop- 
tion of  this  ('barter  and  upon  demand  of  the  Mayor  of  the  city,  to  draw  a 
warrant  on  the  county  treasurer  in  favor  of  the  fund  commissioners  of  the 
(Jity  of  St.  ]>ouis  for  the  amount  realized  by  the  sale  of  bonds  authorized 
by  an  act  ai)proved  March  'I'l.  187-"),  entitled  "An  act  to  amend  an  act  en- 
titled an  act  to  establish  OTallon  Park  in  St.  ].,ouis  County,  and  author- 
izing the  county  court  of  St.  ]>ouis  County  to  issue  bonds  for  the  purchase 
of  lands  therefor,  and  for  the  government  of  the  same  when  established,  ap- 
proved March  I'T.  1874,"  and  the  fuud  conunissioners  shall  ]iurchase  the 
bonds  of  the  city  for  the  same. 

Sec.  (').  Repeal  of  special  park  acts. — An  act  entitled  --An  act  to 
establish  Carondelet  Park  in  St.  Louis  County,  and  authorizing  the  county 
court  of  St.  Louis  (.'ounty  to  issue  bonds  for  the  purchase  of  lands  therefor, 
and  to  pi-ovide  for  the  government  of  the  same  when  established,"  approved 
February  '1~\,  1874,  and  an  act  entitled  "An  act  to  establish  Forest  I'ark  in 
the  County  of  St.  Louis,  to  ])rovide  for  the  establishment  and  government 
thereof,  and  to  pi'ovide  for  the  issue  of  bonds  by  the  county  court  of  St. 
Louis  County,  for  the  purposes  of  said  jiark,  and  for  the  ]>urchase  and  con- 
demnation of  lands  for  the  same."  ajqiroved  March  2.5.  1874,  and  an  act 
entitled  "An  act  to  establish  O'Fallon  Park  in  St.  Louis  County,  and  author- 
izing the  county  court  of  said  county  to  issue  bonds  for  the  purchase  of 
lands  therefor,  and  for  the  government  of  the  same  when  estaldished."  ap- 
pi-oved  March  'IT),  1874,  are  hei-eby  rej)ealed. 

See  note  to  heading  of  Rev.  Code.  Chap.  25.  and  authorities  cited  bearing  on  this 
section. 


ART.  IX.  Sec.  1-2. )         CHARTKR  OF  THE  PITY  OI'  ST.  LOUIS. 


433 


HARBOR  AND  WHAUF  UErAUTMENT— HARBOR.* 


SECTION 

1.  Harbor   and    wharf    oommisifloiier. 

2.  Orndal  term  and  bond — salaries,  di-pii- 

tles,   etc. 

3.  Harbor  of  the  city. 

4.  Jurisdiction  of  commissioner. 

5.  Authority   and  duties  of  commissioner. 
C.   Wharfase    and    levee    dues,    how    col- 
lected,  etc. 


SECTION 

7.  Collections    to     be    credited    to     harbor 

fund. 

WHARF-BOATS. 

8.  Mooring   of   wharf-boats,   etc. 

9.  Owners  of  wharf-boats  forbidden  to  re- 

ceive   commissions    or    charge    stor- 
age. 
10.   Wharf-boats     not     to    affect     wharfage 
dues. 


•For  charter  power  of  the  assembly  over  harbor  and  wharf  see  Charter,  Art.  III. 
sec.   26.  clause  4. 

For  municipal  Harbor  and  Wharf  regulations,  boundaries,  offenses,  etc.,  see 
ordinances  and  the  authorities  and  comments  appended  thereto  in  the  notes, 
in  Rev.  Code.  Chap.  X,  Art.   1,  being  sections  315  to  372. 

For  wharfage,  rates,  leases  of  wharf,  see  notes  and  comments  to  Rev.  C,  sees. 
:;T3-3S3;  see  note  to  sec.  379  tor  leasing  portions  of  wharf;  and  note  to  heading  of 
.\rt.  2  of  Chap.  X  (preceding  sec.  373)   for  right  to  collect  wharfage. 

For  wharf-boat  regulations,  licenses,  etc.,  see  Rev.  Code,  Chap.  X,  Art.  3  (sec- 
tions 3SI-392):  on  wood  ib.  Art.  4  (sees.  393-404,  also  375);  on  scavenger  dumps 
ih.   Art.  5   (sees.   405-412). 

For  ferry  regulations,  licenses,  etc.,  and  power  of  city  over  ferries,  see  com- 
ments in  notes  to  Rev.  Code.  Ch.  X.  Art.  G.  sees.  413-436   (especially  sec.  413). 

For  provisions  relating  to  Harbor  and  Wharf  Commissioner,  see  in  addltiop 
to  this  (Art.  IX)  Art.  IV.  sec.  38  of  the  Charter;  and  for  ordinances  thereon  see 
Rev.   C.  sees.    1!>G4-I9n!i.   19!>9:    for  employes,   sees.    106,'.    2012-2014,   and   411. 

Section  1.  llarlKtr  aiul  \\  liai  I  l'oiuiiiis.si«>iu>r. —  Tin  it  is  luitliy 
created  a  depart iiiciit  of  tlie  city  goveruiiieut  called  the  Uarbor  aud  Wharf 
I  >('liartiiient,  which  shall  he  under  the  juri.^dictioii  and  control,  suliject  to 
the  jirovision.s  of  this  Charier,  and  of  ordinances  not  conllictin^i  tliei'ewitli. 
of  an  oll'icer  wlio  shall  be  styled  the  "Harbor  ;ind  ^^'har^  Coiuiiiissiouer." 

See  foregoing  note  to  heading  of  this  article,  referring  to  the  provisions  con- 
cerning  the   commissioner  and   his  oftlce. 

See.  2.     (HVifial   t*  riii  ;in<l   Ixnul— salari<'s  «i<'piitic!4,  etc. — The 

Ihirbor  and  Wliiiir  ( 'oiiiiiiissiiiner  slial!  he  jippoinled  by  the  Mayor  and 
cnntirined  by  the  ('onncii.  lie  shall  hold  his  ollice  for  the  term  of  four 
years,  and  until  his  successor  is  duly  (pialilied.  lie  shall  jiive  personal  at- 
tention and  devote  the  whole  of  his  time  to  the  duties  of  his  oflice.  and  for 
the  faithful  jierforiname  thereof  shall  jt'^«"  such  bond,  and  for  such  sum 
as  may  Ik»  |>rovi(h'd  by  ordinance.  lie  shall  receive  a  stated  salary  for  his 
services,  in  sncli  sum  as  may  be  fixed  by  ordinance,  and.  with  the  ;i|iproval 
i>f  the  M;i\or.  may  appoint  such  deputies  and  ;issistanls  as  may  be  provided 
b\   ordinance. 

V 

Commissioner's  salary  and  bond:  R.  C,  sec.  1999. 
Deputies  and  assistants:     R.  C.  sees.   2012-12014.  1965. 

See.  3.  lIarl)«»rof  tlH'  City.— The  harlwirof  the  City  of  St.  Louis  shall 
comjirise  the  bed  nf  \\w  .M  i>sissi|i|ii  Hiver.  its  channels.  slou<ihs.  bayous, 
b;irs  and  isbinds.  from  the  mouth  of  the  Missouri  Hiver  in  the  mouth  of  the 
Mi'iMinec  Kiver. 


See  next  note. 


434  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  [ART.  IX.  Sec.  4-8. 

Sec.  4.  Jurisdiction  of  Coniniissioner. — The  jurisdiction  of  the  Har- 
I'or  iuid  \Miaii' ('oiiiiiii.ssioiici- sliall  cxleiid  overall  the  lands,  river  banks  and 
beaeli  dedicated,  <()ndeinned.  or  lielonj;iiif;  to  the  city  for  wharf  purposes 
within  the  city,  and  over  so  niucli  of  tlie  .Mississip]ii  Kiver.  and  to  the  mid- 
dle of  the  main  channel  thereof,  as  lies  immediately  in  front  of  the  city 
over  wliicli  the  city  has  control. 

Boundaries  of  the  city  by  tlie  Mississippi,  jurisdiction,  etc.,  .see  note  to  Charter, 
Art.    I,    sec.    2. 

Boundaries  of  wharf,  see  note  to  heading  of  Chapter  10  of  Rev.  Code;  also 
sections  R.  C.  345-349. 

Sec.  ").     Authority  and  the  duties  of  Commissioner It  shall  he 

the  duty  of  the  Harlior  and  Wharf  Coniniissioncr  and  he  is  heieliy  empowered, 
to  direct  the  landinjf  and  stationino;  of  all  boats,  vessels  or  rafts  arriving;  at 
any  jioint  within  the  limits  of  the  city,  and  to  direct  the  discliaroe  and  re- 
moval of  their  carj;oes;  to  su]ieiintend  the  disposition  of  freight,  merchan- 
dise and  materials  for  repairs  on  the  river  bank;  to  keep  the  wharf  and  tlie 
river  along  the  sliore  free  from  wrecks  and  other  improper  obstructions,  and 
generally  to  exercise  such  sujiervision  and  control  over  the  wharf  and 
harbor,  and  to  perform  such  other  duties,  as  may  be  provided  by  ordinance. 

Commissioner's  duties  and  autliority;  See  Rev.  Code.  sec.  1964:  also  in  gen- 
eral Chapter  X  of  Rev.  Code:  Charter.  Art.  IV,  sec.  3S.  Regulations  as  to  landings, 
moorings,  wreckage,  obstructions  on  wharves,  penalties,  etc.,  see  R.  C,  sees. 
349-372. 

See  also  "The  Maggie  P."  25  Fed.  202  (as  to  contracts  by  city  respecting 
wrecked  boats,  etc..  and  duty  to  keep  levee  and  harbor  free  from  obstructions, 
referred  to  in  note  to  Rev.  Code.  sec.  35.")). 

Sec.  (3.  Wharf  ajje  and  Levee  dnes,  how  collected,  etc The  Har- 
bor and  Wharf  ( 'oiiiniissioner  shall  carefully  e.xaniine.  and,  if  found  correct, 
certify  all  bills  and  claims  against  the  city  pertaining  to  his  dejiartinent. 
He  shall,  upon  blanks  furnished  Ity  the  Com]itrt)ller.  make  out  and  deliver 
to  the  City  ("olleitor  for  collection  all  bills  for  wharfage  dues,  levee  rates, 
and  all  other  dues  whatever  to  his  department,  as  may  be  established  by 
ordinance,  immediately  on  the  liability  therefor  accruing,  taking  duplicate 
receipts  therefor,  one  of  which  be  shall  retain  in  his  office,  and  the  other 
he  shall  deliver  at  least  monthly  to  the  Auditor,  for  charge  against  the 
Collector, 

See  Rev.  Code,  sec.  1964.  See  references  in  next  section  as  to  right  of  city  to 
collect  wharfage  and  as  to  ordinances  on  wharfage  rates. 

Sec.  7.  Collections  to  be  credited  to  harbor  fund — All  moneys 
collected  from  harbor  tax,  wharfage  dues  or  other  sources  relating  to  har- 
boi",  as  well  as  all  forfeitures,  tines  and  jienalties  imposed  for  violatiim  of 
ordinances  duly  enacted  relating  to  harbor  and  wharf,  shall  be  credited  to 
the  account  of  harl)or  fund. 

Ordinances  as  to  wharfage,  rates,  etc..  see  Rev.  Code.  Art.  2  of  Chap  X,  being 
sections  373  et  seQ.  As  to  the  right  of  the  city  to  charge  wharfage  for  the  use 
of  its  wharves,  the  nature  of  such  rights,  etc.,  see  authorities  in  note  to  heading 
"Wharfage,"    in   Art.    2  of  Chap.   X  of  Rev.   Code,   citing   State   and   Federal    cases. 

Crediting  fines  to  harbor  fund,  see  Rev.  Code,  sec.  372. 
WHARF  BOATS. 

Sec.  8.  Mooriiifjof  wharf  boats,  etc. — i^cjwayff/f  owners  of  steamboats 
regularly  engaged  in  carrying  ])assengers  or  freight,  or  of  barges  transport- 
ing general  mercliandise  by  means  of  steam  tow  boats,  to  or  from  this  city, 


AHT.  X.  Sec.  1. 1 


CHARTER  OF  THE  CITY  OF  ST.   LOUIS. 


435 


aiiii  imiic  (iilicrs,  iiuiv  lia\t'  llic  rij,'lii  to  iikkii- ;i  wliarf  Imal  ai  Ilic  [lavcii  land 
iiifl,  to  1)1'  used  excliisivtdy  for  their  own  lioats  or  vosst'ls  ii])oii  tlic  terms  aud 
conditions  provided  liv  this  rharicr  and   liy  ordinance;  pmriilnl .  h<nr<rrr, 
that  said  wharf  l)oat  siiall  Iw  dwncd  iiy  the  same  owners,  and  in  exailiy  Ihe 
saitie  |>i-opoi'ti()ii  as  llie  said  boats  aud  vessels  arc  owned. 

Or<llnnno<'.s  pursiiunt  to  tills  section:  Rev.  Code.  Chap.  X,  Art.  3.  see.  384. 

Sec.  !).  OwiMT-^  of  wliiirf  bonis  rorbultloii  («  r<*c<MV<' coinniis- 
si«>ii.s  or  <'Ii;ir,L;('  .slur;iy:«'. — .Nn  ]irisnn  kiM-]iin',r  nr  intcrcsird  in  a  wharf  Koat 
in  thi'  City  of  St.  Louis  .vliall  he  allowed  to  cliar^'c  for  the  stoi-au:c  or  foi-wai'dinji; 
of  any  freij;ht  or  nierciiandise  jiassed  over  said  wiiarf  lioat,  nor  to  receive 
any  coiiiinission  on  said  freif;hl  or  nierciiandise,  nor  to  ciiarfre  directly  or 
indirectly  any  transient  or  other  lioats  for  Ihe  privilejie  of  landin<;  at  said 
wharf  lioat.  Any  person,  association  or  corporation,  violaliiij;  any  jiro- 
vision  of  this  section  shall  jiay  to  the  city  a  tine  of  not  less  than  lifly  dollars 
for  each  otVense.  and  said  Commissioner  shall  report  every  such  violation 
to  the  ( 'il\    .Vlliiriiey. 

Ordinances  In  pursuance  liereof:  R.  C,  sec.  385   (seel<ln?  to  Impose,  liowever,  a 
penalty  of  not  exceeding  $250). 

See.  10.  AVIiJirf  l»o;i(s  not  toaflVot  wliarfaj^o  <liu's. — The  mooring 
of  any  wharf  hoat  shall  iiol  alVeei  in  any  manner  the  wliarfajie  tax  or  dues 
or  levee  rates,  but  wiLirfa-je  sUall  be  collected  from  each  boat  landinj;  at  any 
wharf  boat  as  though  said  wharf  boat  was  not  there. 

Ttie  latter  part  of  sec.   388  of  Rev.  Code  Is   the  same  as  this  provision. 


AKTICLK  X. 


STREET    RAILRO.VDS. 


SECTION' 
I.   Authority     of    municipal     assembly     In 
reference    to    street     railroads — may 
sell  franchises  or  Impose  a  per  capita 
tax.  or  a  tax  on  gross  receipts. 

:.   May     reerulate     running     of     cars     and 
rates  of  fare,  and  tax  property. 

3.   Surrender  of   franchises,    how   effected. 


SECTION 

4.  Uniform   gauge  required,   width  of  rail 

prescribed. 

5.  Companies  to  keep  street  between  rails 

In  repair. 

6.  Right  of  one   railroad  company   to   run 

cars  on  the  track  of  another. 

7.  Existing  franchises  to  be  forfeited  un- 

less put  In  use  within  on**  year. 


Section  1.  Aiilli(>ril>  of  >Iuiiicipal  .Vssi'mlil.\  In  n'tt'icnci'  to 
.h(im'»'(  railroails  — nia>  s«'ll  rrancliiscs  or  impose  a  prr  <'api(a  tax 
or  a  lax  on  jjro.ss  riTt'ipl.s. — The  .Municipal  A.s.sembly  .-ball  have  power  by 
ordinance  to  (h'terniine  all  questions  arisiii};  with  reference  to  street  rail- 
roads, in  the  cor]torale  limits  of  the  city,  whether  such  (|iiestions  may  in- 
volve the  constrnction  of  such  street  railroads,  <;rantint;  Ihe  ri;:hl  of  way, 
or  regulating  and  controlling  them  .ifier  their  completion:  and  also  shall 
have  piiwcr  to  sell  the  franchise  or  right  id'  way  for  such  street  railroads  to 
the  highest  bidder,  or  as  a  consideration  therefor,  to  impose  a  per  capita 
tax  on  the  passengers  transjiorted,  or  an  ainiual  tax  on  the  gross  receipts 
of  smli  railroail,  or  on  each  car.  and  no  street  railrotul  shall  liereafter  l)e 
incorporated  or  built  in  the  City  of  St.  Louis  except  according  to  tlie 
nbove.  ;inil  other  conditions  in  this  Charter,  and  in  such  manner  and  to 
ciidi  extent  as  may  Ik»  jdovided  by  ordinance. 

For  farthrr  rbar<rr  ponrrra,  in  addition  to  those  In  this  article,  to  grant  right 
to   construct    railways,    subject    to    the   right    to   amend,   alter   or    repeal,    regulate 


436  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  [ART.  X.  Sec.  1. 

same.    etc..    see   Art.    III.   sec.    26,    clause    11.      As   to    effect   of   reservation    of   right 
to  alter,  amend  or  repeal  see  cases  cited  in  note  to  that  clause. 

For  ordinances  <nnil  diseiisHion  of  authorities  thereon)  enactingnumerous  regu- 
lations for  street  car.s  and  street  railways,  see  Rev.  Code.  Chap.  23.  Art.  6. 
sections-  1S63  to  1903  inclusive,  and  notes  thereto  appended  as  to  the  power 
and  authority  of  the  city  to  enact  same,  and  as  to  the  effect  thereof.  As  to 
whether  a  violation  of  those  police  regulations  (such  as  speed,  ringing  gong, 
vigilant  watch,  etc.)  confers  a  right  to  recover  on  a  private  person  Injured  in 
consefjuence.   see  also   note  to   same. 

Power  to  "license,  tax  and  regulate"  street  cars  is  conferred  in  Charter.  Art.  III. 
sec.  26.  clause  5,  and  in  pursuance  thereof  see  ordinances  in  Rev.  Code,  Chap. 
31.  Art.  18,  sections  2257-2264  inclusive;  see  discussion  and  cases  on  the  city's 
right  to  charge  license  taxes,  in  note  to  heading  of  Art.  18  (Chap.  31)  of  Rev. 
Code   (preceding  sec.   2257). 

For  statutes  on  street  railways,  relating  specially  to  St.  Louis,  see  Chapter 
33  (sees.  591  ct  seQ.)&nte  p.  213-219,  of  "Laws  Soecially  Applicable  to  St.  Louis;" 
and  for  statutory  limitations  of  cities  to  grant  street  railway  franchises,  see  pro- 
visions of  R.  S.   1899.  sees.   6116-6119. 

The  act  of  1S60  or  Third  Parallel  Law  is  repealed  by  virtue  of  the  constitution 
of  1875  and  the  provisions  of  the  Charter:  State  ex  rel.  vs.  Lindell  Ry..  151 
Mo.  162;  for  the  prior  application  of  the  third  parallel  street  law  see  St.  Louis 
Ry.  vs.  So.  St.  L.  Ry.,  72  Mo.  67;  St.  L.  Ry.  vs.  Northw.  Ry.,  69  Mo.  65.  s.  c.  2  Mo. 
App.    69. 

The  state  law  of  1895  (Julian  Law)  providing  for  sales  at  public  auction  of  all 
franchises  involving  the  use  of  streets,  was  held  void  because  too  uncertain  and 
indefinite  to  permit  of  intelligent  enforcement:  State  ^.j-  inf.  vs.  Street  Ry.  Co., 
146   Mo.    155. 

Tlie  Constitution  of  the  State  forbids  the  general  assembly  to  grant  street 
railway  franchises  in  a  city  without  first  acquiring  the  consent  of  the  local 
authorities,  nor  can  the  franchise  so  acquired  be  transferred  without  similar 
assent:    Const..  Art.  XII.  sec.  20   (see  cases  infra,  this  note). 

State  policy  respecting  street  railn'ays  in  .St.  Louis;  Speaking  of  tlie  consti- 
tutional and  charter  pi-ovisions  the  court  in  banc  in  State  ex  rel.  vs.  Lindell 
Ry.,  151  Mo.  162,  after  reviewing  the  street  railway  legislation  and  policy  of  the 
State,  says  on  pp.  182-183:  "Looking  at  these  constitutional  provisions,  together, 
it  is  plain  that  it  was  the  purpose  of  the  Constitution  of  1S75,  to  grant  to  St. 
Louis  and  other  cities  and  localities  the  benefit  of  'home  rule'  so  far  as  it 
was  possible.     .  This  intention  is  clearly  evidenced  not  only  by  the  affirm- 

ative grant  of  sole  power,  but  by  the  negativing  of  such  power  over  grants  or 
transfers  of  such  rights-  to  the  General  Assembly.  And  when  to  these  pro- 
visions we  add  the  power  given  by  its  Charter  .  .  [power  over  streets] 
it  conclusively  appears,  hedged  about  directly  and  prohibitatively,  that  the 
power  which  the  State  primarily  had  over  all  streets  and  highways  in  the 
State,  or  in  any  city  of  the  State,  has  in  St.  Louis  been  transferred  to  the  city." 
etc.  So  in  Grand  Ave.  Co.  vs.  Lindell  Ry..  148  Mo.  637.  the  court  in  banc 
says,  commenting  on  constitutional  and  charter  provisions  (p.  645):  "When 
it  is  considered  that  the  people  of  the  State  have  confided  the  subject 
matter  of  street  railways  in  her  streets  and  highways,  exclusively  to  the  city, 
that  such  control  and  regulation  is  a  matter  strictly  within  municipal  regula- 
tion, the  ordinances  of  the  city  .  .  have  the  force  and  effect  of  laws 
binding  on  all  persons  who  come  within  the  scope  of  their  opera- 
tion." etc. 

Grant  of  privileges  to  street  ear  companies:  And  under  the  constitutional 
provisions,  a  city  may  impose  such  conditions  upon  which  it  gives  its  consent 
in  conferring  a  franchise  or  right  of  way  as  it  sees  fit:  it  is  not  limited  to  a 
mere  "yes"  or  "no."  but  may  prescribe  terms  and  conditions;  and  if  its  consent 
be  given  on  condition,  and  the  condition  be  void,  the  railway  company  is  without 
any  right  at  all:  St.  Louis  &  Mer.  R.  vs.  Kirkwood.  159  Mo.  239.  252-253.  259. 
See  also  Union  Depot  Ry.  Co.  vs.  Southern  Ry..  105  Mo    1.  c.   571. 

And  see  in  connection  herewith,  the  right  of  the  city  to  impose  conditions  and 
limit  the  duration  of  the  company's  franchise,  the  opinions  in  the  Chicago 
Traction  Co.  case.  Blair  vs.  Chicago.  201  U.  S.  400.  loc.  cit.  457  el  sea.:  dissenting 
opinion   499    et  scq. 


I 

J 


ART.  X.  S.I-.  1.1  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  437 

Sic.  20.  Art.  12  of  the  Constitution  rc(|uirlnK  the  city's  consent  to  the  transfer 
of  street  railway  franchises  Is  not  violated  by  a  lease  from  a  company  to  an 
operating  company  where  the  ordinance  authorizes  the  several  street  rail- 
way lines,  their  successors  and  asslRns  to  lease  to  certain  other  corporations: 
Moorshead  vs.  United  Ry's.  119  Mo.  App.  511,  certified  to  Supreme  Court  and 
affirmed  In  Feb..  1907  (not  as  yet  reported),  holding  the  United  Railways  Co. 
not  liable  for  Transit  Co.  debts. 

As  limitations  upon  all  cities  In  granting  franchises  to  street  railway  com- 
panies see  Rev.  St.  1899.  sees.  6116  to  6119.  requiring  designation  of  route,  depots, 
assessment  of  damages,  petition  of  majority  of  property  owners  along  the  route, 
etc.  But  see  the  Interpretations  as  to  damages  to  property  owners,  Nagol  vs. 
I.lndell   Ry..   167   Mo.    89:   Ruekert   vs.  Grand   Ave.    Ry..    163   Mo.    278. 

While  franchises  are  derived  directly  by  ordinance  from  the  city  It  Is  by  virtue 
of  the  delegated  power  of  the  State  that  the  city  acts,  .so  that  the  power  con- 
ferred on  the  company  Is  derived  Indirectly  from  the  State,  acting  through  the 
city  as  Us  agent:  State  ex  rel.  vs.  Ry..  140  Mo.  539,  550;  Hovelman  vs.  Ry., 
79  Mo.  I.  e.  643,  and  cases  cited.  See  also  Brewer,  J.,  in  Blair  vs.  Chicago.  201 
U.  S.  I.  c.  492  It  uq.;  hence  a  proceeding  may  be  brought  to  forfeit  the  fran- 
chise, by  quo  warranto  by  the  State,  or  at  the  relation  of  the  city:  State  ex  rel. 
vs.  Ry.,  supra:  see  also  201  U.  S.  1.  c.  450.  The  excess  of  the  company's  corporate 
powers  Is  remediable  by  the  State  only,  not  a  private  person:  Hovelman  vs. 
Ry..  79  Mo.  1.  c.   639-640.  and  cases  cited. 

But  It  was  held  by  the  court  of  appeals  that  tlu-  ciiy  may  resume  rights  granted 
by  ordinance  upon  non-compliance  with  the  conditions  by  the  grantees,  and  may 
sue  In  Its  own  name:  and  the  city  Is  entitled  to  apply  to  a  court  of  e(|uity  for  relief 
against  the  company  for  maintaining  a  public  nuisance  growing  out  of  a 
failure  to  comply  with  the  conditions  annexed  to  the  use  of  the  streets  by  the 
company:     Springfield    vs.    Robertson    Ry..    69   Mo.    App.    514. 

A  street  railway  In  the  streets  without  authority  Is  a  nuisance  In  law.  St.  Ij. 
&  Mer.  Ry.  vs.  KIrkwood.  159  Mo.  239.  255;  see  also  Heer  D.  G.  Co.  vs.  Citizens' 
Ry..  41  Mo.  App.  63. 

But  the  granting  of  rights  of  way  to  public  street  railroads  Is  a  proper  use 
to  which  the  city  may  subject  the  streets;  and  the  cases  deciding  that  the  city 
cannot  authorize  such  a  use  of  a  street  by  a  railroad  as  will  destroy  Its  use  as  a 
public  thoroughfare  (thereby  practically  appropriating  It  to  the  railroad  alone) 
have  been  held  not  to  apply  to  a  street  railroad,  unless  so  defectively  con- 
structed as  to  prevent  the  current  use  of  the  highway  by  the  public  In  the 
ordinary  course  of  travel;  Placke  vs.  U.  D.  Ry..  140  Mo.  634.  637;  sec  also 
Morle  vs.  Transit  Co..  116  Mo.  App.  12.  25.  But  there  does  not  appear  to  be 
any  difference  so  far  as  the  application  of  the  principle  is  concerned:  and  this 
Is  Implied  In  the  opinion  In  Nagel  vs.  LIndell  Ry..  167  Mo.  S9.  97;  see  also  Ruekert 
vs.  Grand  Ave.  Ry..  163  Mo.  I.  c.  278.  See  authorities  when  such  ordinances  arc 
invalid,  as  authorizing  a  misappropriation  of  the  public  highway,  cited  in 
note  to  Charter.  Art.  III.  sec  26.  clause  2:  also  In  note  to  Rev.  Code.  Art.  12  of 
Chap.   11.  on  "nuisances." 

.\nd  a  street  railway  company,  although  authorized  to  operateon  certain  streets, 
must  lay  Its  tracks  on  the  street  level,  or  If  it  raises. Its  tracks  and  Interferes 
with  the  abutting  owner  It  Is  liable  for  damages:  Farrar  vs.  Electric  Co..  101 
Mo.  App.  140.  (See  R.  S.  1899,  sees.  6116-6118.  requiring  before  a  franchise  Is 
granted  to  any  elevated,  underground,  or  other  street  railway  nn,  over  or  under 
any  street  or  alley,  an  ascertainment  of  damages,  etc.) 

And  as  to  the  right  and  duty  of  the  city  to  require,  under  the  police  power, 
the  street  car  companies  to  so  operate  as  not  to  Interfere  with  a  public 
highway,  and  when  necessary  to  lower  a  tunnel  under  a  navigable  stream,  at 
the  expense  of  the  company,  where  such  a  course  becomes  necessary  because  of 
Increased  travel  or  changing  conditions,  see  West  Chicago  Ry.  vs.  Chicago,  201 
U.  S.   506. 

Th**  ordinances  by  which  the  city  confers  on  thi*  street  car  company  the  right 
to  construct,  operate  and  maintain  a  street  railroad  is  In  effect  a  contract  which 
the  city  cannot  violate  or  change  so  far  as  Its  contractual  provisions  go;  and 
the  courts  will  protect  such  rights:  Springfield  Ry.  vs.  Springfield.  85  Mo.  674: 
State  ex  rel.  vs.  Corrlgan  Street  Ry..  85  Mo.  263,  282,  and  cases  cited;  Detroit 
vs.  Detroit  Ry..  184  U.  S.  368:  Cleveland  vs.  Electric  Co..  201  U.  S.  529. 


4S8    '  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  [ART.  X.  Sec.  2. 

Nor  after  the  company's  rights  are  vested  under  the  ordinance,  can  the  State 
legislate  to  Impair  the  same:    Hovelman  vs.   Railway,   79  Mo.  632.   643. 

The   rights   of   street   railways   In  the   streets   are  franchises  and    vested    rights 

which     can    be     mortgaged     by    the  company     to     which     the     franchise     belongs: 

Hovelman  vs.  Railroad.  79  Mo.  643.  cited  with  approval  in  State  ex  rel.  vs.  Ry. 
Co.,   infra. 

As  to  what  privileges  may  be  transferred  and  assigned  by  a  street  car  com- 
pany, or  subjected  to  execution,  and  what  not,  see  State  ex  rel.  vs.  Railway  Co., 
140  Mo.  539  (distinguishing  the  franchise  of  being  a  corporation  which  cannot 
be  transferred  by  ordinary  conveyance,  nor  sold  on  execution,  from  its  cor- 
porate franchise  privileges  of  laying  tracks,  running  cars,  taking  tolls,  etc., 
which   can). 

As  to  leasing  by  one  street  railway  to  another  see  Moorshead  vs.  United  Rys., 
119  Mo.  App.  541,  certified  to  Supreme  Court  and  affirmed  in  February,  1907  (not 
at   this   writing  reported). 

The  provisions  of  the  Charter  do  not  affect  franchises  of  roads  existing  prior 
to  the  time  that  the  Charter  was  adopted:  State  ex  rel.  vs.  Corrigan  Street  Ry., 
85  Mo.  263,  1.  c.  262-263;  but  when  extensions  of  the  franchise  are  given  the 
Charter  then  applies:  St.  Louis  vs.  Missouri  Ry.,  13  Mo.  App.  534:  St.  Louis  vs. 
Ry.,  87  Mo.  263;  Union  Depot  Ry.  vs.  Southern  Ry..  105  Mo.  562,  570.  (It  may  be 
observed  that  all  street  car  companies  in  St.  Louis  are  now  governed  for  one 
reason  or  another  by  the  city  Charter;  and  it  was  the  policy  to  wipe  out  the 
special  provisions:     See  State  ex  rel.  vs.  Lindell  Ry.,  151  Mo.   162). 

'  But  nothing  passes  in  a  grant  of  privileges,  as  against  the  public  and  in  favor 

of  the  company  or  corporation,  except  such  as  is  clearly  expressed  or  necessarily 
implied;  the  grants  are  to  be  strictly  construed:  St.  Louis  vs.  Railway,  13  Mo. 
App.  524,  530;  Blair  vs.  Chicago,  201  U.  S.  1.  c.  463,  467,  471-473,  and  numerous 
other  cases  referred  to   by   the  court;   see  also  dissenting  opinion   1.   c.    498. 

Particularly    true    is   this   where    a   claim    in    the    nature   of   an    exemption    from 

taxes,   license  fees,  or  other  burden,   is  made  by   the  corporation:      See   authorities 

cited    in    note    to    Art.    18    of   Chap.    31    of    Rev.    Code,    citing    amongst    other    cases 

Springfield    vs.    Smith.    138    Mo.    645;    Met.    Street    Ry.    vs.    N.    Y..    199    U.    S.    1;    New 

.:  Orleans   Street  Ry.    vs.   N.   O.,   143   U.   S.    192. 

.'  The  police  powers  of  the  city  cannot  be  contracted  away,  and  the  railway  cor- 

porations remain  subject  to  the  exercise  of  that  power  by  the  city  irrespective 
of  the  ordinance  provisions  conferring  their  franchises;  such  police  regulations 
are  binding  on  the  car  companies  without  reference  to  any  question  of  acceptance 
by  them;  and  the  power  of  the  City  of  St.  Louis  concerning  police  regulations 
is  plenary:    See  authorities  cited  in  note  to  sec.   1864   of  Rev.   Code. 

Of  course,  since  the  right  to  legislate  is  conferred  on  the  law-making  power  a 
permit  from  the  Mayor  alone  purporting  to  confer  authority  to  construct  a 
railroad,  is  void:  Lockwood  vs.  Railroad,  122  Mo.  86  (steam  road  in  this  case, 
but  the  principle  is  of  course  applicable  to  street  roads,  in  fact  is  self-evident). 

Provision."?  and  limitations  in  an  ordinance  apply  to  territory  annexed  to  the 
city  subsequently:  See  note  Charter.  Art.  I.  sec.  2;  Blair  vs.  Chicago.  201  U.  S. 
1.  c.  489;  at  least  in  so  far  as  police  power  restrictions  are  concerned:  Westport 
vs.  Mulholland.  159  Mo.  S6. 

Sec.  2.    May  rejjulate  ruimiii};  of  cars  and  rates  of  fare  and  tax 

property. — Tin-  As.si-mbly  shall  liavc  power  to  regulate  the  tiiiu-  and  luaiiner 
of  runiiiiig  ears,  ami  the  rates  of  fare  on  street  railroads  now  or  hereafter  to 
be  built,  aud  the  sale  of  tickets  and  exchange  thereof  Itetween  the  several 
companies,  and  to  tax  the  property  of  street  railroad  companies  in  such 
manner  as  may  be  provided  by  law. 

Additional  Charter  right  to  regulate  fares,  hours  and  frequency  of  trips:  Art. 
Ill,  sec.   26,  clause  11. 

Ordinance  regulations  and  adjudications  thereon,  on  time  and  manner  of  run- 
ning street  cars,  etc.,  see  Rev.  Code,  sees.  1863-1903  inclusive,  and  notes  thereto 
appended,  as  to  the  powers  of  the  city,  etc.;  see  general  note  to  sec.  1864; 
speed   limits,   note   to  sec.    1S65;   time   schedules,   sec.   1867;   right  of  companies   to 


ART  X.  Sec.  3-5.1  CHARTER  OK  THE  CITY  OF  ST.   I.OUI9.  439 

make  rules,  note  to  sec.  1870;  fenders,  note  to  sec.  1S73:  right  of  way.  note  to 
sec.  1888;  periodical  reports,  note  to  sec  18S9;  chnnglns  rute  of  fare,  note  to 
sec.    1893. 

Charter  power  to  license,   tax  and  regulate.   Art.    III.  sec.   26.  clause  5. 

As  to  steam  railroad  regulations  see  Rev.  Code.  Ch.  31,  Art.  5.  and  adjudications 
In   notes  to  sections  1852.   1856,   1857,   1860. 

Sec.  3.    Surr«Mi<ler  of  fran<'hiso.s,howofTtM't<Ml — Any  street  railroad 

foni|iaiiv  uiKililr  111-  iii(li.s|Misi'<i  to  <;iii\  r(ir\\:iiii  iis  l)iisiri('.><s  iiia.v  notify 
the  Mayor  of  >nuU  imlis|iosii  ion,  iiiid  .siiriemlcr  liificliy  all  liieir  cliarlcred 
rijjlits  or  framliiscs.  in  siuh  iu;imifr  ami  uinier  sin-li  terms  ami  eomlitioiis, 
as  may  be  ]>rovl(le(i  1>\   onliiiaiiee. 

Ordinance   pursuant    to    this  section:      Rev.   Code,   sec.    1900. 

See.  4.    Uniform  ^aujro  rctniircMl — widtli  of  rail  proscrilxMl. — 

An  uniform  };aiij;e  shall  l)e  esialilislieii  hy  oi-din.nirr  lor  all  siicci  r;iilioads 
tliat  may  be  built  in  the  City  of  St.  Louis,  and  no  flat  rails  sliall  hereafter 
be  laid  down  on  striM't  i-aiiroads  now  or  hereafter  to  l)e  built,  liavin{;j  a  leas 
width  than  two  and  ;i  half  inches  in  tiie  llanj^e  of  said  rail,  which  is  used 
by  ordinary  vehicles. 

See  Rev.   Code.  sec.   1879. 

Sec.  5.     Conipanios  to  koep  streot  betwoeii  rails  In  repair. — 

Street  railroad  coiuiiaiiics  .shall  keep  the  street  between  llie  rails  and  to  the 
extent  of  twelve  inches  outside  of  each  rail  in  ]ierfecl  rejiair.  as  nearly  on  a 
level  with  such  rails  as  prail  liable  and  that  |iortion  outside  the  rails  shall  be 
of  the  same  material  as  the  street  itself,  and  the  Municiiial  .Vssembly  shall 
provide  by  ordinance  that  bond  or  other  security  shall  be  •.n\cn  by  the  s(>v- 
eral  coni|)auies.  coiidii  ioned  fm-  a  compliance  with  ilie  ju'ox  isimi  of  iliis 
section. 

Ordinance  provision  requiring  repairs  of  space  between  rails,  and  regulations 
concerning  same:     Rev.  Code.  sec.  1882. 

This  provision  applies  to  street  railways  having  an  extension  of  their  fran- 
chises after  the  adoption  of  the  Charter:  St.  Louis  vs.  Railway.  13  Mo.  App. 
524:  especially  where  the  company  agrees  that  the  ordinance  conferring  the 
rights  shall  l)e  subject  to  all  general  ordinances  and  charter  provisions  relating 
to  street  railways  and  applicable  to  extensions:  St.  Louis  vs.  Mo.  Ry..  87  Mo.  151. 
(It  now  applies  to  every  street  railway  company  In  the  city,  and  In  addition 
the  requirement  Is  universally  Included  In  the  special  ordinances  conferring 
the  franchises.)  But  such  a  provision  does  not  apply  to  a  franchise  wholly 
granted  prior  to  the  charter  provision;  See  State  ex  rel.  vs.  Corrlgan  Street  Ry.. 
85  Mo.  263,  I.  c.  282-283.  See  as  to  the  old  State  law  as  to  repairs:  St.  Louis 
vs.   St.   Louis  Railroad  Co..  50  Mo.  94. 

An  ordinance  requiring  the  street  railway  company  to  keep  and  maintain  the 
space  between  the  rails  and  two  feet  on  either  side  of  Its  track,  etc..  in  good 
repair,  does  not  impose  any  duty  on  the  company  to  reconstruct;  an  obligation 
to  repair  Is  not  one  to  reconstruct;  and  a  subsequent  general  ordinance  cannot 
require  such  additional  burden  without  the  company's  consent,  either  as  an 
exercise  of  the  police  power  or  as  an  Inalienable  right  of  control  over  tho 
street:  State  ex  rel.  vs.  Corrlgan  Street  Ry.  Co..  85  Mo.  203  (arising  imder  Kansas 
City  charter);  and  the  same  principle  applies  where  It  Is  sought  to  compel  the 
company  to  pave  the  street  with  designated  material — this  duty  is  not  Included 
In  the  obligation  to  repair:    Kansas  City  vs.  Corrlgan,  86  Mo.  67. 

Although  a  street  car  company  be  required  to  keep  the  space  between  Its  rails 
In  repair,  yet  for  Injuries  resulting  because  of  the  streets  being  unsafe  hy  reason 
of  said  space  being  out  of  repair,  the  city  remains  primarily  liable:  Springlleld 
vs.   Robertson  Street   Ry..  69   Mo.   App.   1.   c.   523. 

A  special  tax-bill  for  the  Improvement  of  a  street  cannot  be  avoided  by  the 
property  owners  on  the  ground  that  the  space  between  the  railway  tracks  has 
not   been   Improved   by   the   contractor,   where   such   duty    rests   upon    the   railroad 


440  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  [ART.  X,  Sec.  6. 

company:     Farrar   vs.   St.   Louis,    SO   Mo.   1.   c.    SaS;   SpringHeld   vs.    Weaver,    137   Mo. 
650,    66S;    Bank   vs.   Haywood,   62   Mo.    App.    550,    554  et  seQ. 

It  was  at  one  time  lield  by  the  Court  of  Appeals  that  in  the  absence  of  statu- 
tory authority,  the  cost  of  street  improvements  cannot  be  made  a  lien  on  the 
abutting  right  of  way  of  a  railroad  company:  but  this  ruling  was  overruled  by 
the  Supreme  Court,  and  the  matter  is  now  also  regulated  by  statute;  See  note  to 
Art.   VI.   sec.   14,_ante  p.   398. 

And  the  land  of  railroad  companies  used  for  depot  and  yard  purposes  is  not 
exempt  from  special  tax  for  street  improvements:  Nevada  vs.  Eddy,  123  Mo. 
546,   560:   see  also  Railroad   vs.   Decatur.   147   U.   S.    190. 

It  was  held  under  a  case  arising  in  Massachusetts  that  the  legislature  of  a  state 
may  relieve  a  street  car  company  from  the  obligation  to  repair  the  street  between 
the  rails,  etc.,  "which  it  assumed  in  ordinances  conferring  the  consent  of  the 
city,  and  the  city  cannot  complain  that  this  operates  as  the  impairment  of  a  con- 
tract:     Worcester  vs.   Street  Ry.   Co..   196   U.    S.    539. 

See.  6.    Kiglitof  onerailroiul  ronipaiiytinniii  cars  on  the  tracks 

of  another. — Any  street  raikoad  eoiuiiaiiy  shall  have  the  right  to  ruu  its  ear.s 
over  the  traek  of  any  other  street  railroad  comjiany  in  whole  or  in  part,  upon 
the  payment  of  just  eoinpen.satioii  for  the  use  thereof,  under  sueh  rules  and 
regulations  as  may  be  prescrilied  by  ordinanee,  and  it  shall  be  the  duty  of 
the  Municipal  Assembly  to  immediately  pass  sueli  ordinanees  as  may  be 
necessary  to  carry  thi.s  i)rovisiou  into  effect. 

Ordinances  in  pursuance  of  this  provision,  see  Revised  Code.  sees.  1S94  to  1S9;> 
inclusive. 

The  above  charter  provisions  and  the  ordinances  in  pursuance  thereof  have 
been  fully  sustained:  Grand  Ave.  vs.  Lindell  Ry.,  148  Mo.  637;  Grand  Ave.  vs. 
Citizens'   Ry.,    148   Mo.    665;   Union   Dep.    vs.    Southern,    105   Mo.    562. 

The  city  cannot  confer  on  one  street  car  company  the  exclusive  use  of  a  street 
for  its  own  business:  Grand  Ave.  Co.  vs.  Citizens'  Co.,  148  Mo,  1.  c.  672:  Railway 
vs.  Railway,  132  Mo.  1.  c.  43.  See  also  Citizens'  Ry.  vs.  Detroit  Ry.,  171  U.  .'^. 
1.  c.  53.  Nor  so  as  to  exclude  the  public  from  the  use  of  the  street  as  a  public 
thoroughfare:  Nagel  vs.  Lindell  Ry.,  167  Mo.  89,  97;  Ruckert  vs.  Grand  Ave. 
Ry.,  163  Mo.  1.  c.  278.  See  also  cases  cited  in  note  to  Charter,  Art.  III.  sec.  26, 
clause    2. 

Sec.  6  of  Art.  X  of  the  Charter  is  in  pursuance  of  the  constitutional  powers  con- 
ferred on  the  city.  A  railway  company  accepting  the  provisions  of  the  Charter 
containing  the  provision  that  any  company  shall  have  the  right  to  run  over  its 
tracks  by  paying  just  compensation,  such  acceptance  creates  a  contract  between 
the  city  and  the  company, _and  is,  binding  on  the  latter;  nor  are  condemnation 
proceedings  necessary  by  such  other  company;  the  Charter  confers  the  power 
to  make  rules  and  regulations  for  determining  the  compensation  to  be  paid, 
and  also  confers  on  the  assembly  power  to  make  the  award  of  the  commissioners 
reviewable  by  the  circuit  court;  Union  Depot  Ry,  Co.  vs.  Southern  Ry.  Co.. 
105  Mo.  562;  Grand  Ave.  vs.  Lindell  Ry.,  148  Mo.  637;  Grand  Ave.  vs.  Citizens'  Ry.. 
148  Mo.  665. 

The  phrase  "just  compensation"  as  used  in  the  Charter  of  the  city  and  it.s 
ordinance  has  the  same  meaning  which  that  phrase  has  "when  used  in  the  federal 
and  State  constitutions  with  respect  to  the  exercise  of  the  right  of  eminent 
domain,  and  when  thus  used  "means  a  fair  and  full  equivalent  for  the  loss  sus- 
tained by  the  taking  for  public  use";  and  under  the  ordinance  providing  that 
the  court  may  make  such  order  as  justice  may  require,  the  court  may  require 
the  company  desiring  the  use  of  the  tracks  to  give  a  bond  to  the  other  to 
secure  payment  of  one-half  the  cost  of  renewals  of  rails,  etc.,  where  the  ordi- 
nance further  provides  for  periodical  readjustments:  Railway  vs.  Railway.  132 
Mo.   34. 

As  to  what  elements  are  proper  to  be  taken  into  consideration  in  fixing  the  com- 
pensation, see  Grand  Ave.  Ry.  vs.  Citizens'  Ry..  148  Mo.  665;  Grand  Ave.  Ry.  vs. 
Lindell   Ry..   148  Mo.   637. 

Where  all  elements  of  damages  have  been  considered  and  new  claims  are 
thereafter  made  hut  which  result  from  the  legitimate  use  of  the  other  com- 
pany's tracks,  injunction  is  not  the  proper  remedy  of  the  complaining  partv 
Imt  plaintiff  should  follow  his  statutory  remedy:  People's  Ry.  vs.  Grand  Ave. 
Ry..    149    Mo.    245. 


AI;T.  XI.  See.  1.1 


CHARTER  OK  THK  CITY  OF  ST.  LOUIS. 


441 


S.'c.  7.  Kxistiii}?  franrhises  to  bo  riU'IVUi'd  iiiih'ss  put  in  use 
witliiii  ou«' vi'ar. — All  t'rancliisi's;nul  in-ivilcor.-;  t«i  u.-;c  tlic  strfi-t.-<  of  the  city 
Ini-  sircii  lailni  1(1  [nir|i(isi's  luTt'tot'diH'  <;raiiic(l,  and  nut  nowin  use,a:e  licrchv 
ilcrlari'il  l'uir('ili'<l  and  of  no  ortVct,  nnU'ss  tiR'  coniijany  or  persons  lioldiiifi; 
siLili  Iraniliisi's  or  privileges  shall,  williin  one  year  after  tlie  a(lo]>tion  of 
this  ("liarter,  coustruet  the  tracks  and  run  sii-eci  cars  npoii  said  streets, 
lo  the  extent  that  said  Streets  may  tiien  lie  linished.  and  also  extend  snch 
li-acks  and  i-nii  cars  on  such  streets  as  rajiidly  as  I  lie  const  ruction  of  such 
streets  Is  coinideted. 

Ily  Clinrter,  Art.  III.  sec.  26,  clause  11.  every  franoliise  I'i^lit  granted  shall  ceas^ 
unless  the  work  of  construction  shall  be  begun  within  one  year,  etc..  and  con- 
tinued to  completion  with  all  reasonable  practical  speed;  and  the  giving  of  free 
passes  Is  made  cause  for  forfeiture. 

A  frnnchtNe  mny  be  forfelleil  for  non-user:  and  a  city  has  no  right  to  contract 
that  a  forfeiture  proceeding  must  be  brought  within  six  months;  the  State 
may  institute  quo  warranto  to  declare  a  street  car  company's  charter  forfeitud, 
and  even  at  the  relation  of  the  city,  no  matter  what  the  ordinance  conferring 
the  franchise  provides:  State  ex  rel.  vs.  Railway  Co..  140  Mo.  539.  A  forfeiture 
proceeding  cannot  be  brought  by  a  private  citizen:  Hovelman  vs.  Railroad, 
79  Mo.  632,  citing  numerous  cases  to  the  effect  that  the  State  must  bring  the  pro- 
ceeding. 

But  In  Sprlnglield  vs.  Railway.  69  Mo.  App.  oil.  it  seems  to  be  h«ld  that  a  city 
can  bring  a  proceeding  to  annul  and  declare  forfeited  the  company's  rights  for 
non-compliance  with  the  conditions  annexed  to  the  use  of  the  streets  l)y  it; 
and  at  all  events,  a  city  Is  entitled  to  relief  in  equity  against  a  nuisance  main- 
tained  by  a  company   growing  out  of  such   failure  to  observe  said  condition.s. 

Where  a  right  of  way  is  granted  on  condition  of  completion  within  a  certain 
time,  and  that  in  the  event  of  failure  the  franchise  might  be  recalled,  the  pro- 
vision is  a  condition  subsequent,  and  the  rights  are  vested,  subject  to  be  defeated 
at  the  election  of  the  city,  for  breach  of  condition,  but  not  at  the  instance  of  a 
private  person:  Hovelman  vs.  Railroad.  79  Mo.  632;  so  also  where  the  con- 
dition was  that  the  company's  shops  should  not  be  removed:  Knight  vs.  Ry.. 
70  Mo.   231. 


AiiTU  LE  XI. 


FIRE   DEPARTMENT. 


SECTION 
1.  Chief   of    flrc   department — term   of   of- 
fice— duties. 
.'.   Power    to    purchase    horses,    etc..    with 
approval  of  mayor — purchase  of  en- 
gines, apparatus,  etc. 


SECTION 

3.  May  exercise  police  power  at  fires. 

4.  Regulations  as  to  frame  buildings. 

5.  Chief  to  Inspect  all  new  buildings. 


Section  1.     Cliiff  of  Fire  DopartiHent — torni  of  <»lVic<'— duties. 

'I'he  Fire  i)epartment  ot  liie  city  shall  lie  iiiidei'  the  control  :iiid  siiperx  isiciii  of 
a  "('liief  of  Fire  department."  who  shall  lie  appointed  liy  the  Mayor  and 
conlirmed  liy  the  Council,  who  shall  hold  his  office  for  four  years  and  until 
his  successor  is  duly  ipialiti<*<l,  suliject  to  removal,  as  provided  for  other  ap- 
pointed ofticers.  He  shall  have  general  charjio  of  tlie  jiroperty  of  tlie  city 
connected  with  liis  de]iartnient,  and  siiall.  subject  to  the  ajiproval  of  the 
.M;i\oi-.  appoint  and  employ  all  such  ofticers  and  employes  as  may  lie  jiro 
vide;!  liy  ordinance. 

r'or  elmrliT  iiuiliurli>    for  engine  houses,  see  .\rt.   III.  sec.  26.  clause  3. 

For  oDllnnnrrai  on  tho  Are  department.  Its  chief,  composition  of  the  department. 
s:i:.(rl'»s.    duties    and    qualincations    of    the    men.    regulations    as    to    right   of    way. 

;  >■  power  authority,  .ind  other  regulations,  see  Rev.  Code.  Chap.  6.  sections 
J,s.'.-3ti5  inclusive:  for  fire  and  police  telegraph  department,  see  Rev.  Code. 
Chap.  7.  sections  306-319  Inclusive. 


442  CHARTER  OF  THE  CITY  OF  ST.   LOriS.  [ART.  XI,  Sec.  2-3. 

For  Niatute  relating  to  Firemen's  Pension  Fund.  etc..  see  Laws  Mo.  1903.  p.  S7 
(set  out  herein  in  "Laws  Specially  Applicable  to  St.  Louis."  in  Chap.  X,  sees.  322 
to  347);  and  see  ordinances  in  pursuance  thereof,  Rev.  Code.  sees.  304,  305. 

Adju.*4tiueiit  of  dnniai^es  caused  by  fire  department,  when  claim  is  under  fifty 
dollars:    Rev.   Code.  sec.   302. 

The  city  la  not  liable  for  damages  caused  by  the  carelessness  of  the  employes 
of  the  fire  department  in  the  discharge  of  their  duties,  nor  for  the  insufficiency 
or  defectiveness  of  the  apparatus;  the  fire  department  was  not  created  in  the 
proprietary  capacity  of  the  city,  for  its  own  Ijenefit,  but  for  the  benefit  of  the 
public,  and  the  officers  of  that  department  are  not  the  city's  agents  in  the  sense 
that  renders  the  city  liable;  McKenna  vs.  St.  Louis,  6  Mo.  App.  320;  Heller  vs. 
Sedalia,   53  Mo.   159. 

See.  2.  Power  to  purcliase  horse.s,  etc.,  with  apuroval  of  May- 
or— purchase  of   engines,  apparatus,  etc The  I'hief  ot   Fire  De- 

piU'tmeiit  shall  liave  power,  in  cases  itf  eiiiei'f;eiK'\ .  witli  the  ajiproval  of  the 
Mayor  under  such  i'ej>ulations  as  may  he  iirescriiied  h.v  ordinance,  to  ])ur- 
chase  or  liire  such  lioi.ses  and  mules  as  may  he  necessary  lor  the  use  of  his 
department,  and  sliall,  witii  tiie  approval  of  the  Maycu',  recommend  to  the 
('oiiimissioner  of  Supplies,  the  purchase  of  enf>iiies  and  other  apparatus  for 
the  suppression  or  extinguishment  of  fires,  in  such  manner  antl  to  such  ex- 
tent as  may  be  jii-ovided  by  ordinance. 

Ordinance  provision  Rev.  Code,  sec.  2S9,  is  pursuant  to  this  provision.  Contracts 
not  included  in  the  authority  aljove  specified  are  controlled  as  provided  in 
Charter,  Art.  IV.  sec.   29;    (or  Art.  VI,  see.   27,  if  it  be  public  work). 

Under  the  Rev.  Ord.  1856,  p.  438,  the  inspector  of  the  fire  department  had  power 
to  order  repairs  to  engine  liouses  where  they  exceeded  fifty  dollars:  Robinson 
vs.  St.  Louis,  28  Mo.  4S8,  holding  that  it  was  not  ncessary  that  he  should  use 
the  name  of  the  city  in  contracting  if  he  made  the  contract  officially  as  in- 
spector. 

See.  3.  May  exercise  i)olice  power  at  fires — The  Chief  of  Fire 
Department  and  assistant  enj-iueei's  ap]Miiiite(l  by  him  sluill  have  the  same 
police  powers  at  all  fires  as  the  Chief  of  Police,  under  such  I'ej^ulatious  as 
may  be  provided  by  ordinance. 

Ordinance  Rev.  Code,  sec.   296,   is  pursuant  hereto. 
INSPECTION  OF  BUILOINGS. 

Sec.  4.  Regulations  as  to  frame  buildings. — No  per.sou  shall 
erect  within  the  limits  of  the  City  of  St.  Louis,  as  established  by  the  act 
of  the  GenM'al  As.sembly  of  the  State  of  Missouri  entitled  "An  act  to  revise 
the  Charter  of  the  City  of  St.  Louis,  and  to  extend  the  limits  thereof/'  ap- 
proved March  4,  1S7(>,  any  buildiiifj  or  buildino's  the  outer  walls  of  which 
are  in  whole  or  in  jiai't  constructed  of  wood,  nor  u]m(ii  blocks  or  sipiares  in 
the  territoi-y  a(hled  to  the  city  by  this  Scheme  or  ("harter,  that  have  built 
uj)on  tluMU  six  or  more  substantial  dwellinj;s  or  storehouses,  without  pro- 
curino;  a  permit  so  to  do  in  such  niannei'  as  may  be  provided  by  ordinance. 

See  for  fire  limit  ordinances.  Rev.  Code.  sees.  66-6.S,  and  note,  also  see  as  to 
wooden   buildings  Charter,   Art.   Ill,   sec.   26,   clause   12. 

Sec.  5.  Chief  to  inspect  all  ne\v  buildings. — It  .shall  be  the  duty 
of  the  Chief  of  Fire  I>epartment  to  inspect  all  luiildings  in  the  cour.se  of 
construction,  and  to  cause  to  be  carried  into  effect  all  ordinances  relating 
thereto. 

The  duties  of  Fire  Chief  under  this  section  were  transferred  by  authority  of 
Art.  Ill,  sec.  32,  upon  the  Building  Inspector:  See  ordinances  Rev.  C.  sec.  27. 
Also    Magner   vs.    .St.    Louis.    179    Mo.    I.    c.    500;    note    to    Rev.    Code,   Chap.    6. 


AltT   XII.  Stc.  1-21  CHARTER  OK  THE  CITY  OF  ST.  LOUIS. 

AK'T1(1,K  XII. 


443 


1 1 1: A l.T 1 1    D  EPARTMENT. 


SECTION 
1     Health  conimlssloner- 
and   bond. 


■Ills  official   term 


2.    Board 
etc. 


of     Hi-alth — meetings,     quorum. 


3.  Duties  of  commissioner — appointment 
of  emplo.ves — may  e.xamlne  premises 
shall  obey  orders  of  the  board,  and 
report   annually    to   the   board. 

'i  Nuisances  to  be  reported  to  commis- 
sioner— births,  marrlasres  and  deaths 
to  be  resristered — commissioner  to 
have    charge    of    hospitals,    asylum, 

etc. 

5.  Superintendents   of    hospitals    and    em- 

ployes, how  appointed. 

6.  Abatement    or    removal    of    nuisance — 

notlDcation       to       owners — cost       of 


SECTION 

abatement  to  be  assessed  as  special 
tax. 

7.  Contracts    for    the    abatement    of    nui- 

sances. 

8.  Proclamation  by  mayor  In  time  of  epi- 

demics— authority  of  commissioner 
and  board  of  health  In  such  cases, 
etc. 

9.  Commissioner's   record   and   accounts. 

10.  Duties    of    physicians    In    reference    to 

burial   certificates. 

11.  Weekly     report     of     Interments     to     be 

made   to   health   commissioner. 

12.  Penalty  in  case  of  burial  without  cer- 

tificate. 

13.  Penalty    for    failure    to    make    weekly 

report  of  Interments. 
H.   Record   of   proceedings  of   board. 


Set-tioul.     Health  ('oiiiniissioner — his  olVicial  t<M-iii  and  lM»n<i. 

TliiTf  is  licrcliy  ncaicd  ;i  llcjilili  I  »c|i:iriiiicnl  of  llic  lily  ol  Si.  Louis, 
wliiih  sli;ill  1m>  in:iii:i;;i'(l.  diri-ciiMl  iiiitl  civiiintllcd  ;is  in'ovidcii  Uy  tliis  I'liar- 
tcr  ami  U\  ordinanrcs  of  Ilii'  Citv  of  Si.  l,ouis.  by  a  Hoard  of  llraiili  as 
luTfiiiaftt-r  |irovidi'd,  and  liy  an  ol'ticcr  who  shall  lie  dfiioiniiialcd  tlic 
Ih-ailh  ( 'omiiiissioiuM'.  Up  shall  hf  aiijioiiilcd  hy  the  .Mavor  li\  and  wiih 
th(»  approval  of  llu'  ("ouin-il.  and  shall  pcrloim  smli  diKics  as  iiia\  1m'  pro 
vidcil  l)\  this  ( 'hartor  niid  li\  uidinaiHf.  Ilr  sliall  hold  his  office  lor  iIk» 
tci-iii  of  four  years,  ami  iinlil  his  successor  is  dul.\  (|Ualilied.  he  suhjeci  lo 
removal  hy  the  Mayor  ;is  other  ofticei-s.  and  shall  possess  the  same  ipialiti- 
cations  as  the  .Mayor,  and  shall  )ii\e  hoiid  in  such  sum  as  shall  he  ordained 
liy  the  Assemhiy.  with  at  least  two  sufiicient  sureties,  for  the  faithful  j)ei-- 
formance  of  his  duties. 

Thr  ordlnnnro  on  the  Health  Department  appear  In  Rev.  Code  as  Chap.  11, 
divided  Into  2.'.  articles  (and  comprising  sees.  437-875).  Art.2  of  said  Chapter 
treats   of    th"    ll'Mlth    Conunl.'isliinir   iimi    his   oflUe    and    employes    (sees.    45<t-1tH). 

See.  2.  lioard  <>f  Health — iiioetinffs,  quorum,  etc. — There  is  also 
luMvhy  created  a  IJoard  of  Health  wliieh  shall  consist  of  the  Mayor,  i  who 
shall  Ik'  its  in-esidinf;  officer  i.  the  presidiii}^  officer  of  the  ('oumil.  a  ('4)111- 
missioner  of  INdice.  lo  he  desi;inaled  hy  the  .Mayor,  and  two  regular  prac- 
ticing; |>liysicians.  who  shall  possess  the  same  ipialilicat  ions  as  the  Ma.Mif. 
The  Health  Commissioner  sliall  he  a  memlu'i-  of  said  lioard  and  in  the 
ahseiice  of  the  Mayor,  the  presidin;;  ofticer.  The  Hoard  shall  meet  twice 
in  each  wtn-k  duriiij;  the  year.  They  may  he  convened  in  sjieiial  session  at 
any  time  hy  the  Maynr,  Health  Commissioner,  or  hy  any  two  nicinlM-rs  of 
tlie  Hoard  upon  written  notifii'ation  served  twelve  hours  before  ihe  dale  of 
said  mei'tin;;.  Three  menihers  of  the  Hoard  shall  constitute  a  (|iioriim  for 
the  transaction  of  hiisiness.  and  it  shall  ha\e  jiowcr  to  adopt  rules  and 
iv;;iilatioiis  for  its  ;;overnment. 

These   provisions  an-   track-d   by    the  ordinances;      Res".  Code.   sees.    437.   438. 

The  members  of  the  Board  of  Health  are  not  state  officers  within  the  meaning 
of  the  Constitution  relative  to  appeals:  State  ex  rel.  vs.  Board  of  Health. 
90  Mo.   10. 

The  Supreme  Court  touched  upon  the  functions  of  the  Board  of  Health  In  the 
opinion   In   Slate   vs.    Butler.   178   Mo.    I.   c.   303  ft  irt. 


444  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  [ART.  XH.  Sec.  3-r>. 

Sec.  3.  Duties  of  Coniniissioner — appointment  of  enii>loyes — 
may  examine  premises — sliall  obey  orders  of  Hoar<l,  an«l  report 
annually  to  Mayor. — TIih  Hi-nlth  (.'(uimiis.-idUiT  shall  have  uvurral  sui)i'i-- 
visiou  over  the  puhlic  health  of  said  city,  aud  see  that  itsregulatious.  aud  the 
laws  aud  ordinauces  of  said  city  iu  relation  thereto,  are  enforced  and  observed 
and  for  that  purpose  he  is  authorized  aud  empowered  to  make  such  rules  and 
regulations,  with  the  apjiroval  of  the  Board,  not  inconsistent  with  this 
Charter  or  any  city  ordinance  oi-  law  of  this  State,  as  will  tend  to  jireserve 
and  promote  the  health  of  said  city;  to  api)oint  such  enijiloyes.  with  the 
approval  of  the  Board  of  Health  as  may  be  necessary  for  the  execution  of 
his  orders;  to  enter  into  or  authorize  and  recpiire  any  employe  or  police 
officer  to  enter  into  and  examine,  in  the  daytime,  all  buildings,  lots  and 
places  of  every  descrijitiou,  within  the  city  and  to  ascertain  and  report  to 
him  the  condition  thereof,  so  far  as  the  public  health  may  be  affected  by 
it;  to  declare  and  abate  nuisances  in  such  manner  as  may  be  provided 
herein,  or  by  ordinance,  but  all  condemnations  must  first  be  apj)roved  by 
the  Board  of  Health,  whose  action  thereon  shall  be  final.  He  shall  obey 
all  orders,  not  inconsistent  with  this  ("barter  and  city  ordinances,  emanat- 
ing from  the  Board  of  Health,  and  shall  annually  report  to  the  Mayor,  the 
general  operations  of  his  department  during  the  year  then  ended,  with  such 
suggestions  for  the  improvement  of  the  same  as  he  shall  consider  expedient. 

See  ordinance  hereon   (same  as  this  provision)   in  Rev.  C,  sec.  450. 

Right  of  the  municipal  assembly,  through  itsofftcers  oragent.  to  enter  premises 
to  ascertain  conditions  for  health,  cleanliness  and  safety:  Charter.  Art.  Ill, 
sec.  26,  clause  12.  and  note  thereto;  Right  of  Mayor  to  enter  to  abate  nuisances, 
see   Chart..  Art.   Ill,   sec.   26.   clause   6. 

Sec.  4.  Xuisanee  to  be  reported  to  Commissioner— birtlis, 
marriaj^es  and  deaths  to  be  registered — Commissioner  to  have 
eharf>'e  of  Iu>spitals,  asylumns  ete. — It  is  made  the  duty  of  all  ])olic<:» 
officers  to  observe  the  sanitary  condition  of  their  districts,  and  thrmigh  the 
Chief  of  Police  to  report  to  the  Health  Commissioner  promptly  any  nuisance 
or  accumulated  tilth  found  to  exist  in  any  i)ortion  of  the  city.  The  Health 
Commissioner  shall  jirovide  for  the  registration  of  all  births,  deaths  and 
marriages  occurring  within  the  city;  shall  have  charge  of  ail  city  hos])itals, 
(luarantine.  insane  asylums,  moigiie  ami  city  disiieiisary,  and  with  the  advice 
and  counsel  of  said  Board  of  Healili.  make  all  necessaiy  rules  for  the  govern- 
ment thereol'.  ~>  f 

Duty  »t  poMoe  to  report:  See  Rev.  Code,  sees.  631;  also  599.  622. 

ReRistrjifioii  of  births  and  ilpnths:       Rev.   Code.  sees.  694-697. 

Marriasc  record  is  kept  by   Recorder  of  Deeds. 

C'lmrKi'  *»f  ho-spitals,  insane  a»yln:it«.  diNiiciiMarirs:     Rev.  Code,  sec.    707. 

MjiIcc  rii!e.s  for  same;/^,  sec.  709. 

Qnarantinp:  Rev.  Code,  Chap.  11.  Art.  19.  sees.  S1S-S26  and  note  to  sec.  SIS; 
see  also  Charter.  Art.   III.  sec.   26.  clause  6. 

Sec.  5.  Superintendents  of  Hos|»itals  and  employes,  how  aj)- 
j)ointed. — Tlu-iv  will  be  a  superiiiteiKli'iit  of  the  city  hospital,  a  su]ieriiitcii- 
dcut  of  the  female  hospital,  a  supi'rinteudeiit  of  t!i(>  insane  hospital,  and  a  super- 
intendent of  quarantine  when  necessary,  who  shall  ]>erform  liieir  duties 
under  the  general  supervision  of  the  Health  Coininissioner.  and  shall  be 
appointed  by  the  Mayor,  with  the  ai)proval  of  the  Board  of  Health,  but  all 
other  employes  shall  be  ajipointed  by  the  Health  Commissioner,  and  ap- 
])roved  by  the  Board  of  Health,  except  such  as  may  be  temjioraiily  in  the 
em])loy  of  llu'  Health  Commissioner. 

For  ordinance  provisions  concerning  superintendents  and  assistants  see  Rev 
Code,    sees.    717   and    following. 


ART.  XII.  Sec.  B  1  CHARTKR  OF  THK  CITY  OF  ST.  LOUIS.  445 

Sfc.  (i.  Aliatinu'iil  «>r  ii'iii<>\;il  <»t  niiiN;iiM-t's— iiofificatMHi  »o 
4»\viu'r.><— i'ost  of  abatoiiient  t<>beassesse«l  as  spocial  lax. — In  oihUt 
III  clViMt  III!'  jiliiitciiii'nr  ol' iiiiisjiiitcs  or  rciimval  of  iicciiimihili'd  lilili.  llie 
Ilcallli  Coiiimissioiicr  sliiill  luivf  jiowcr.  w  liciicxcr  in  liis  oiiiiiimi  smli  iiiiis- 
aiiff  iir  tilth  exists,  and  aflcf  ol'ticialiy  .so  dcclaiiMl  of  rci-ord  i)v  liic  Koaid  of 
Hi-altli.  to  iiotif.v  tlio  owuer  of  owners  lliereol'.  or  his  or  their  agents,  to 
nliate  or  remove  the  same,  either  by  lillinu:  up.  draiuiug,  cleaninu.  purify- 
ing or  renioviii;;  same,  as  the  case  may  lie,  wliieli  noti<'e  shall  Ite  served  upon 
the  owner  or  aj;enl  liavinji  ehai-;;e  of  said  projierty,  in  the  same  mannei-  as 
writs  of  summons  are  required  to  he  served  in  t-ivil  cases.  If  the  owner, 
who  shall  have  hwn  so  served  with  such  notice,  shall  fail,  within  llie  time 
indicated  in  such  notice,  which  shall  lie  discretionary  with  said  Health 
Conuiiissioner,  to  comply  with  such  order,  or  fail  to  show  j^ood  cause  to 
said  Health  Commissioner  why  he  can  not  or  oujiht  not  to  comidy  witli 
such  order,  for  which  purpose  lie  shall  be  entitled  to  be  heard  iiefore  said 
Health  Commissioner  and  IJoard  of  Health,  if  he  so  reques't  it,  he  shall  be 
deiMiied  jiuilty  of  a  misdemeanor,  and  on  conviction,  shall  be  fined  not  ex- 
ei'cdinj;  five  hundred  dollars;  and  the  nuisance  shall  be  abated,  ami  s]iecial 
ta.v  bills  rendei-ed  aj;ainst  the  property  in  same  manner  as  ay;ainsi  non- 
residents, except  tluit  notice  by  advertisement  shall  not  be  lunessary.  If 
such  service  can  not  be  made  for  the  reason  that  the  ownei-,  ajjents,  or  other 
p«'rsons  havin<;  charjie  of  the  projierty  upon  which  the  nuisance  may  exist, 
can  not  be  fouml  in  the  city,  of  which  fact  the  return  upon  such  notice  of 
the  oflicer  serving;  the  same  shall  be  conclusive  evidence,  then  the  Health 
i'ommissionei-  siiall  cause  smli  notice  to  be  published  in  the  newsiiapcis 
doiiij'  the  city  iirinting,  for  two  consecutive  day.s  (Sundays  exce]tted|.  Am] 
if  within  two  days  after  the  service  of  such  notice,  or  after  its  publication 
as  aforesaid,  smh  nuisan<e  shall  not  be  abated,  oi'  the  order  observed  by  the 
<iwiier,  then  the  Health  ( "onimissioner  may  oi-der  the  same  to  be  done  as 
hereinafter  directed;  and  the  cost  of  the  same,  when  fully  complet(>d,  shall 
be  ascertained  under  the  direction  of  the  President  of  the  Board  of  Public 
Improvements,  in  the  same  manner  as  special  tax  bills  for  street  improve- 
ments, and  the  amount  thereof  shall  be  ass(>ssed  as  a  special  tax  af^ainst 
the  propeiMy  so  improved,  or  upon  \\hich  such  work  has  been  done,  in  the 
name  of  the  owners  thereof,  of  which  the  books  of  the  Assessor  shall  be 
jiroof,  and  the  ctM-tified  bills  of  such  assessment  siiall  describe  therein  the 
property  upon  which  tin*  woi-k  was  done.  Said  bills  shall  be  recor<led  and 
shall  be  collected  and  jiaid  as  ]irovided  in  this  ("hai-ter  in  I'clation  to  the 
collection  of  other  sjiecial  tax  bills,  and  shall  be  a  lien  on  said  iirojiei-ty. 
and  the  Health  ("onimissioner  shall  kt^?)!  a  I'ecuid  of  his  proceedinj;s  in  alF 
«"i.ses  of  abatements  ordered  by  jiim. 

Si'f  a\an  Clmrtor.  Art.  III.  soo.  2fi.  clause  6.  For  ordinances  |>ur.suant  hereto 
on  abatement  of  nuisances  see  RevLsed  Code.  sees.  636  and  foUowlnif  section^; 
as  to  special  taxation  In  general  see  Charter,  Art.  VI,  sees.  14-15.  and  notes 
appended   thereto. 

For  discussion  of  authorities  on  the  subject  of  nuisances  and  the  abatement 
thereof  see  Rev.  Code.  Chap.  XI.  Art.  12  (see  note  to  article  heading)  sees. 
584-689. 

As  to  the  sufficiency  of  service  of  notice  provided  for  prior  to  abatement  of 
nuisances,  see  St.   Louis  vs.  Flynn.   12S  Mo.   413. 

As  to  power  of  Board  of  Health  to  abate  and  the  effect  ascribed  to  It.i  tUidlnirs 
and  adjudications  see  St.  I»uls  vs.  Steele.  12  Mo.  App.  570:  St.  Louis  vs.  Schnuck- 
cnberg.  7  Mo.  App.  536;  also  see  note  to  heading  of  Article  12  of  Chap.  XI  of 
Rev.  Code. 


446  CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  [ART.  XII.  Sec.  7-10. 

Sec.  7.  (Vmtracts  fortlieabatonuMitof  nuisances.— All  contracts 
for  work  coiiifiiiiilatcd  li.v  tlii.s  .section  nii  which  special  tax  bills  are  to  be 
issued,  shall  be  entered  into  bj  the  I'resideiit  of  the  Board  of  Public  Iin- 
jiroveinents.  in  the  name  of  tlie  city,  based  on  the  estimates  of  the  cost  by 
the  I'resident  of  the  Hoai-d  of  I'ublic  Im])rovements,  accompanied  by  re- 
ports of  surveys  and  j)rotiles,  in  cases  requiring  the  same  in  the  judgment 
of  such  President,  and  shall  be  approved  by  the  Mayor  and  registered  in  the 
office  of  the  C'oiiii)troller. 

See  Rev.  Code,  sec.   669,  and,  sections  preceding  the  same  (66G,  667.  662,  etc). 

Sec.  8.  Proclamation  by  Mayor  in  time  of  ei>i<lemics— author- 
ity of  Commi.ssioner  and  Board  of  Health  in  su«'h  cases,  etc. — 

Whenever  it  shall  come  to  tlic  knowledge  of  the  Mayor  that  any  maligneut,  infec- 
tious or  contagious  disease  or  epidemic  is  prevalent  in  the  city,  or  will  probably 
become  so,  he  may  make  proclamation  of  such  fact  to  tlie  inhabitants;  and 
after  such  proclamation  the  Health  Commissioner,  with  the  approval  of 
the  Board  of  Health,  may  have  power,  by  order,  to  take  all  stejis  and  use 
all  measures  necessary  to  avoid,  supjii-ess  or  mitigate  such  disease,  without 
the  intervention  of  the  Assembly  in  the  same  manner  and  as  effiHtually  as 
the  Ass<^iiibly  could  itself  do  by  ordinance,  and  may  em])ioy  sucli  oflicers. 
agents,  servants  and  assistants,  establish  temjiorary  hi)si>itals.  jirovide 
necessary  furniture,  medical  attendance  and  nurses,  as  in  the  opinion  of  the 
said  Commissioner,  with  the  advice  and  counsel  of  said  Board  of  Health, 
may  be  necessary  and  advisable:  Provided,  that  the  amount  expended  shall 
not  exceed  the  aii]iro]iiiation  for  Health  De]iai'tment.  The  Health  Com- 
missioner shall  ha\e  and  exercise  sucli  power  until  he  shall  declare,  or  until 
the  ^layor  shall  proclaim,  that  the  ejiidemic  or  disease,  in  view  of  which 
the  proclamation  was  made,  is  no  longer  imminent  or  prevalent,  whereupon 
the  said  jiower  shall  cease. 

The   same  provision    is  made   by   ordinance:      Rev.   Code.  sec.    633;   see  also   Rev. 
Code,   sec.    1501. 

See    as    restrictions    upon    receiving    patients    sii-lv    witli    small-pox.    cholera     or 
plague,  Charter,  Art.   Ill,  sec.   35. 

As   to   preventing   introduction   and   spread  of  contagious  diseases   see   Charter, 
Art.   IH,  sec.   26,   clause  6;  ordinances.  Rev.  Code,  sees.   792-819. 

Sec.  !J.  Commissioner's  records  and  accounts. — Said  Health  Com- 
missioner shall  keep  a  record  of  his  acts  and  orders;  shall  tile  all  petitions, 
docnmi^nts  and  jiapers  belonging  to  the  office,  and  shall  keep  a  correct 
account  in  full  of  all  receipts  and  expenditures,  and  shall  make  rules  and 
regulations  for  the  government  <)f  his  subordinates.  Cojiies  of  such  rec- 
ords, documents,  rules  and  i-egulations.  when  autlicnticated  by  his  clei'k, 
shall  be  presumjitive  evidence  in  any  court  of  justice  of  the  facts  therein 
contained  :  J'roridcd.  such  rules  and  regulations  are  not  inconsistent  with 
this  Charter,  or  ordinances. 

This  provision  is  reiterated  by  ordinance:  Rev.  Code,  sec.  452. 

Sec.  1 0.  Duties  of  Physicians  in  reference  to  burial  certificates 

— For  the  purpose  of  carrying  the  provisions  of  this  article  into  effect,  every 
physician  who  may  ]>ractice  medicine  in  the  City  of  St.  Louis  shall,  when 
a  jiatient  dies  under  his  care,  make  out  two  certificates,  stating  the  nanu'^. 
age.  sex,  color  and  jilace  of  birth,  and  place  and  date  of  death,  together 
with   the  name  ol'  the  disease  of  which  said  person  died,  one  of  which  he 


ART.  XII.  Sec.  U-H.]        CHAHTKR  OF  TH IC  CITY  OF  ST.  LOUI3.  447 

.><li;ill  wiiliiMii  (Iclax,  (lc|i(i.-;ii  in  ilic  (iITkc  (if  saiil  llrnlili  < '(irniiiissioncr.  and 
llic  iillicr  lie  sliall  ii\\v  In  llif  iiinlfrtiikcr  of  llic  IuihtmI,  hi  lie  (lcli\crcii  li\ 
liini  III  the  |i<MS(iti  wliii  lias  ninliMl  ol'  the  j,'ra\t'var(l  in  wliidi  liic  Imily  is 
liurifil.  .Vrni  il  an\  |iliysician  or  niiiifrlaki'r  rerusc  di-  (iniii  in  i\n  as  al'iirc 
saiil.  lit'  sliall  1(11  iVil  and  \>:\\  tiM-  dullais  Id  llic  use  ol  llic  I'ilx  ol  Si.  Ldiiis, 
Id  lie  rccovcfcd  as  |iriiviiicd  I'm-  in  Scriimi   11    \\-\  ul   iliis  arliclc. 

See  carrying  out  this  section,  ordinance  In  Rev.  Code,  sec.  827.  which,  however, 
seeks  to  Impose  a  higher  penalty  than  as  fixed  by  this  provision  of  the 
ChiirtiT. 

Sir.  11       >\'*'»'kl\  ri'porl  of  iiitfrinciits  (o  lie  iiiadf  to   lltallh 

ConimissioiU'r. — All  nvcrsccrs,  sc.xtons  m-  dthci-pi  rsons  wlm  iiia>  have  cou- 
Inil  d\.f  [-.ulilie  ^'ravcyiirds  in  the  City  of  St.  Louis  shall  inake  a  weekly  report  to 
the  Health  t'oiniiiissioner.  of  all  intcnucnts  during'  the  week  in  the  eraveyard, 
whereof  they  are  such  overseer  or  sexton  respectively.  Said  ri'porl  shall 
specify  tlie  nniiies  and  a};es  of  tlie  persons  interred,  sex,  color,  and  place  of 
birth,  and  jilacc  and  date  of  death,  and  also  Ihe  diseases  of  which  said  jier 
sons  died. 

Same  as  Rev.  Code.  sec.  11. 

8ce.  12.  I'l'iialty  in  case  of  Imrial  uithoiit  rertificaU' — It  any 
overseer,  sexton,  or  other  person  liaviii<;  control  of  a  }:;raveyard,  shall  per- 
mit any  jterson  to  be  interred  in  said  frraveyard  without  a  certificate,  stat- 
ini;  the  name.  af;e.  sex.  color,  jdace  of  birth,  jdace  and  date  of  death.  tf»- 
^eiher  with  ihe  disease  of  which  said  |ierson  (lied,  sii^ned  liy  the  |iliysician 
who  attended  said  person,  he  shall  forfeit  and  pay  a  sum  mil  less  tlian  tivo 
nor  more  than  twenty  dollars,  to  be  recovered  as  in  oilier  cases  of  mis- 
demeanor, before  any  court  or  officer  having  compelenl  jurisdiction. 

See  Rev.  Code,  sec.  S31  (which  Is  similar,  except  that  it  seeks  to  Increase  the 
penalty  to  "not  less  than  twenty-flve  nor  more  than  five  hundred  dollars"). 

Sec.  y.i.  INMialty  for  failure  to  make  we<>kly  reporls  of  inter- 
in  cuts. — If  any  overseer,  sexton  or  other  person  eliarireil  with  the  ])erfdrniance 
uf  such  duty,  fail  or  iicfrlect  ti>  make  to  the  Health  Commissioner  such  rejiort 
of  weekly  interments,  he  sliall  forfeit  and  pay  not  less  than  Iwenly  ddllars 
for  every  such  failure,  to  be  recovered  in  like  manner  as  provided  in  the 
last   |irecedin<;  section. 

See  Res-.  Code.  sec.  832  (which  Is  similar,  except  that  It  seeks  to  fix  the  penalty 
at    "not   less   than    twenty-flve   nor   more    than    five   hundred   dollars"). 

See.  14.  lifctMtl  of  i)roct'f(lin;;s  of  ISoard.— The  I'luanl  uf  llialih 
sliall  ke«'p  a  full  and  correct  record  of  its  proctH'dings  and  ai  is,  ami  ilie 
clerk  of  s;iid  lleallh  Commissioner  shall  act  as  the  clerk  of  the  said   llnanl. 

S»-f  ordin.iiiceH:   Kev.  Cnile.  .•♦iTlnins  411.    111. 


418 


CHARTER  OF  THE  CITY  OF  ST.  LOUIS.  [ART.  XIII.  Sec.  1. 


ARTICLE  XIII. 


SCHOOLS" 


SECTION 
!.• 

2.  City  officers  to  assess  school  tax. 

3.  City    collector    to    collect    school    taxes 

and    to    give    special    bond    to    board. 


SECTION 

4.  Rate    of    sciiool    taxes    to    be    fixed    by 

board. 

5.  School  taxes  collected  in  extended  lim- 

its   to    be    remitted    if    in    excess    of 
necessary   revenue. 


*Sec-.  1.      [Xut  ill  force.] 

•Constitutional  provisions  as  to  Public  Schools  and  Public  School  funds:  Const.. 
Art.  XI.  See  Scheme,  section  37,  with  note;  also  sections  13  and  36.  Section  1  of  this 
article  of  the  Charter,  as  originally  enacted,  is  not  in  force,  and  is  therefore 
omitted.  The  present  lavs'  relating  to  the  public  schools  in  St.  Louis,  or  the  "Board 
of  Education  of  St.  Louis,"  was  enacted,  and  that  board  created,  by  the  act 
of  March  23,  1S97  (Rev.  St.  1S99,  sees.  9919-9951)  set  out  herein,  with  amendments 
and  subsequent  enactments,  under  "Laws  Specially  Applicable  to  St.  Louis," 
sections  497-534,    (being  Chap.   27   thereof). 

It  was  held  (in  a  case  arising  under  the  former  law)  that  the  School  Board 
of  St.  Louis  was  a  public  corporation,  an  instrumentality  created  by  the  laws  to 
administer  the  trust  created  and  assumed  by  the  State  for  the  education  of  the 
children  of  the  State.  It  is  neither  a  private  corporation,  with  vested  rights 
exempted  from  the  general  laws  of  the  State,  nor  a  municipal  corporation  proper 
but  falls  within  the  class  of  bodies  corporate,  now  designated  as  public  cor- 
porations or  quasi  municipal  corporations:  State  ex  rel.  vs.  St.  Louis  Public 
Schools.  112  Mo.   213,  21S;  see  also  Heller  vs.  Stremmel,   52  Mo.  309. 

A  school  board  election  is  one  by  the  people  within  the  meaning  of  the  con- 
stitutional provisions:  State  ex  rel.  vs.  St.  L.  Pub.  Schools,  supra:  but  a  director 
is  not  within  the  meaning  of  a  law  disqualifying  such  officer  from  another 
office  in  a  municipal  corporation:  Heller  vs.  Stremmel.  supra:  nor  is  the  con- 
stitutional inhibition  against  holding  two  offices,  etc.,  applicable  so  as  to  disqual- 
ify one  from  being  at  the  same  time  a  school  director  and  a  deputy  sheriff:  State 
e.x  rel.  vs.  Bus.  135  Mo.  325  (holding  also  that  these  two  offices  are  not  incom- 
patible). 

A  school  district  is  a  public  corporation  in  the  sense  that  it  is  not  subject  to 
garnishment  proceedings:    Tvein  vs.   School  District  of  Carthage,   42  Mo.   App.   460. 

Tlie  St.  Louis  School  Board  even  under  the  former  act  was  independent  of  the 
city  government,  except  that  the  city  officers  extend,  collect  and  turn  over 
the  taxes  levied  by  the  board:      State  ex  rel.  vs.  Tracy,   94  Mo.   217,   221. 

A  board  of  education  is  not  subject  to  execution  under  a  judgment,  and  a  school- 
house  and  furniture  cannot  be  taken  and  sold  on  execution.  It  would  greatly 
tend  to  frustrate  the  design  and  purpose  of  the  law  in  respect  to  common  schools, 
■were  school  buildings  and  property  liable  to  sale  under  the  hammer;  and 
injunction  will  lie  to  prevent  such  a  sale,  which  though  void,  would  cast  a 
cloud  on  the  property;  it  seems  that  the  appropriate  method  of  procedure  to 
enforce  a  judgment  against  a  school  board  is  by  mandamus  to  compel  the 
levying  of  a   tax  to  pay  same:    State  to  use  vs.  Tiedemann,   69   Mo.   306. 

Election  law  relating  to  school  directors  in  St.  Louis  is  not  void  as  being  special 
and  local  legislation:  State  ex  rel.  vs.  Miller,  100  Mo.  439.  And  under  the  law 
since  1897  when  the  new  act  was  passed,  the  school  board  no  longer  has  the 
power  to  provide  for  the  election  of  its  members,  and  the  expense  of  school 
board  elections,  and  pay  of  judges  and  clerks,  is  to  be  paid  out  of  the  city 
treasur.v.  not  by  the  board:  State  ex  rel.  vs.  Board  of  Education  of  St.  Louis. 
141  Mo.   45. 

Under  the  Constitution  fines  and  forfeitures  for  state  offenses,  collected  in  the 
St.  Louis  Court  of  Criminal  Correction,  go  to  the  Public  School  fund  and  the 
sheriff  must  certify  same  to  the  President  and  Directors  of  tlie  Board,  an*! 
not  pay  same  into  court:    In  re  Staed.  116  Mo.   537. 


Airr     Mil.  Sfc.   2-5.1        CHARTER  Ol'  Tin:  CITV  (II'  ST.   I.OIMS.  449 

Sir.  L'.  ('i<>  <»(l'MH>r.>»  (o  iis.srss  sclxtol  (axes. — 'I'li.-  ullircis  of  tin- 
Cilv  of  Si.  Loiii.s.  ilirvclcti  li\  this  Cliailci-  lo  jisscss  ;iii(l  cxlcnd  Ihc  Stah' 
and  cilv  laxt's,  anil  lo  ]iei-fi)riii  dIIht  tlulics  rclatiiiy  Ihcrclo.  .shall  perform 
tilt'  sanic  duties  in  i-('<;ard  lo  taxes  levied  li.v  llie  i'loaid  of  I'lcsidenl  and 
I  •ii-crli)rs  of  the  iSf.  Louis  pnlilir  seliools  1  lioar<]  of  IMucalion  of  St.  Louis). 

state.  School  ami  City  tax-lillls.  how  pri'paii'il  li.v  u.fsis.sor.  ami  what  to  lontain: 
Charter,  Art.  V.  .sec.  2G.  As  to  proper  oftU-ers  to  v.stin^l  thr  taxes  (iimliT  the  old 
law)    see  State  ex   rel.   vs.  Trary.  i>4   Mo.    217. 

Si-r.  ;;.    City  Collct-lor  to  c«»ll»'ct  s<-|i<)ol  taxt's  aiul  (o  <;i\  «■  s|nM-ial 

Ik  tin  I  ((>  l»<»ar«l 'I'lu- t'olh-ctor  of  the  City  of  St.  Louis  shall  i-ollr.'t  all  taxi-s 

levied  li\  llie  lioard  of  rresideiil  anil  |)ire<-loi's  of  the  Si.  Louis  ]iiil)lie. 
sehools  I  IJoard  of  l''dnealioii  ol  Si.  Louis).  Said  ('oileiior  shall  .ui\'e  such 
liond  lor  ihe  faillifnl  |icrfoi-iiianee  of  his  duties  to  said  Itoai-d.  and  account 
for  and  pay  over  to  said  I'.oard  in  such  inanner  and  a(  such  limes,  all  school 
taxes  collected  Ity  him.  as  Ihe  ("ollector  o\'  Si.  Louis  t'ouiilx  was  ii'i|uil'ed 
to  do  iiinlei-  the  laws  heretofore  in  force. 

Collector  to  collect  State,  school  ami  city  taxes:  Charter,  Art.  V,  sec.  31.  etc. 
He  may  establish  claim  for  such  taxes  against  estate  ot  decedent:  State  ex  rel. 
vs.  Tittmann.   103  Mo.   5."i3. 

See.  4.  Kail'  «>r  school  taxe.sto  be  fixed  by  llie  Hoard. — The  lioard 
of  rresideiit  and  directors  of  the  St.  Louis  pulilic  schools  (IJoard  of  l^dii- 
I'atioii  of  St.  ]>ouis|  shall  delermine  the  rate  of  taxation  for  each  year  liy 
resolution,  a  copy  of  which,  duly  ceriilied  a<cordiii};  to  l,i\\  shall  lie  handed 
to  Ihe  Collector  <d"  the  ("iiy  of  SI.  Louis.  :ind  lo  ihe  Kei^isier  of  s;iid  city, 
tin  or  liefore  the  lirst  da\  of  .\u,i;usi   in  each  \ear. 

The  power  of  the  Board  to  determine  tlie  rate  of  taxation  (under  the  provision 
of  a  law  similar  to  that  of  the  above  section  hert^of),  and  to  Include  a  tax 
on  merchants'  licenses,  for  school  purposes,  is  upheld  in  State  ex  rel.  vs.  B^ard, 
etc.,  of  St,   Louis  Pub.  Schools,  91  Mo.   217. 

See  also  as  to  power  of  board  to  levy  and  collect  taxes  Kiv.  Stat.  IS'JO.  sec.  !)S39. 
and  to  increase  tax  levy.  R.  S.  1899,  sec.  9940  (.set  forth  in  "Laws  .Applicable 
.Specially  to  St.  IjOuIs,"  herein,  sees.  520,  521). 

The  annual  rate  for  school  purposes  is  fixed  by  the  Const,  at  not  exceeding  4" 
cents  on  the  hundred  dollars  but  may  be  Increased  to  one  dollar  provided  a 
majority  of  the  voters  who  are  taxpayers  vote  for  such  increase:  Constituti"n, 
.\rt.   X.   sec.   11. 

See.  ."1.  Srliooi  (axes  CO  II  «'»•(«■(!  ill  ex  I  cut  led  limit  n  lo  lie  rcinit- 
1  cd  i  r  in  excess  of  necessary  revenue. — It'  the  proceeds  of  taxes  h-vied  by 
ihe  Hoard  of  I'resideiit  and  l»ire<iors  of  the  St.  Louis  pulilic  schools  (  Moard 
of  I'Idiicatioii  of  St.  Loiiisi,  in  any  one  year,  on  pro|ieiiy  in  Ihe  dilfereui 
wards  within  the  newly  extended  city  limits,  should  (iidxc  lo  lie  oi-,.aily 
in  excess  of  amounts  neeiled  for  the  luirpose  of  iirojierly  carryiujj  on  the 
education  of  children  resiilin;;  within  such  extended  limils.  ihen  saiil  Hoard 
shall  liy  resolution  remit  such  excess.  .\  copy  of  such  resolution.  pro|ierly 
aiillieiiticated.  specifyiii<;  the  perceiitafie  remitted  in  the  resiiective  wards, 
shall  lie  tiled  by  Ihe  secretary  of  said  I'.oard  with  the  < 'om|ilroller  of  the 
rity  of  St.  Louis,  who  shall,  in  exteiidinjr  the  tax.  make  a  <leduction  e(|ual 
to  .such  perceiitaiie  of  all  taxes  levied  for  school   |iui|ioses  on  such   |iiii]ierly. 


450  CHARTER  OF  THK  CITY  OF  ST.  LOUIS.  [ART.  XIV,  Sec.  1-4. 

ARTICLE  XIY. 

SINKING  FUND.* 


SECTION 

1.  Sinking  fund   created. 

2.  Duty     of     assembly     as     to     appropria- 

tions. 


SECTION 

3.  Disbursements    to    be    made    on    ra^iul- 

sitions. 

4.  Disposition    of    sinking    fund    in    liands 

of  commissioner. 


*Tlie  four  sections  of  this  article  are  amendments  ado]')ted  at  an  election  of 
June    9.    1891.    submitted    by    ordinance    16033. 

Constitutional  sinking  fund.  Const.,  Art.  X.  sec.  12  (construed  in  Saleno  vs. 
Neosho,  127  Mo.  1.  e.  639  et  seq.).  As  to  ordinance  provisions  on  sale,  transfer 
payment,  cancellation,  etc..  of  bonds,  see  Rev.  Code,  Chapter  37  (sees.  2390-2405); 
as  to  provisions  concerning  Water  Bonds,  see  Charter.  Art.  Ill,  sees.  11,  13,  and 
Revi.sed  Code.  Chapter  39.  Art.  2  (sees.  2528-2.')30) ;  World's  Fair  Bonds,  see  Con- 
stitution (amended  1900),  Art.  X.  sec.  12.  and  note  to  Charter  in  Art.  III.  sec.  26. 
clause  1;  see  the  latter  provision  also  for  power  generally  of  the  city  to  borrow 
money,  etc. 

Section  1.  Siiikiiij*'  I'und  <*rt'ateil. — Tlu-rc  i.><  hei-eby  c-ivated  a 
siukiiij;  fuud  liii-  the  City  of  St.  l^ouis,  wliitli  shall  always  be  Ivejit  separate 
and  distiiut  from  other  funds  and  revenues,  and  Iield  saered  for  the  pur- 
jKi.se  of  redeiii]ition  or  jiurcha.se  of  bonds  issued  by  said  city,  whieli  were 
outstandinji  (Hi  the  se\eiith  day  of  Ajiril.  cijihteeii  Jiuiidred  and  ninety,  and 
(if  the  bonds  issued  for  the  renewal  thereiif. 

See.  ■_*.  Duty  of  Assembly  sis  to  appropriations. — The  Municipal 
Assembly  shall  annually  appropriate  from  the  fund  (lesi<;iiated  in  fliis  Char- 
ter as  "interest  and  public  debt  revenue"  a  sum  not  less  than  one  million  two 
hundred  thousand  dollars  to  be  used  exclusively  for  the  jiayment  of  the 
bonds  of  the  city  desciibed  in  Section  I  of  this  article,  and  of  the  interest 
tiiereon.  That  jiortioii  of  each  annual  a])]iropriation  not  required  for  the 
])ayment  of  the  interest  couixins  niatiiriiif;  duriiii;  the  respective  year,  siiall 
lie  credited  to.  and  shall  constitute  the  sinUinii  fund  herein  created. 

Duty  to  establish  rate  for  payment  "sufficient,  at  least,  to  meet  the  reijuire- 
ments  of  sec.   2.  Article  14  of  this  Charter":    See  Art.  V,  sec.    1. 

See.  3.  Disbursements  to  be  made  on  requisitions. — All  dis- 
bursements out  of  the  city  treasury  on  account  of  tiie  sinking  fund,  shall  be 
upon  re(iuisitions  of  the  Comjdroller  ajiproved  by  the  .Mayor;  and  in  all 
other  resjx'cts  they  are  to  be  made  in  the  same  manner  as  other  disburse- 
iiKMils  of  the  city. 

Sec.  4.     Disposition  of  sinking-  fund  in  hands  of  (*onimissi(»n- 

ers. — Tlic  assets  of  till'  sinl;ino-  fund  now  under  the  control  of  the  Btiardof  Fuud 
Commissioners  shall  be  disposed  of  as  follows:  The  money  on  hand,  and 
the  ]iroceeds  of  all  matured  couiions  from  city  bonds,  shall  be  credited  to, 
and  be  a  part  of.  the  sinkin"  fund  herein  created:  the  immatured  coupons 
from  city  bonds  shall  be  canceled,  and  tiled  as  other  coupons  from  city 
bonds  are  tiled.  The  bonds  of  the  Ohio  and  .Mississij)pi  Railroad  shall  be 
turned  over  lo  the  Com])troller.  and  deposited  in  his  office;  in  the  event 
of  the  city  at  any  time  idealizing  on  the  same,  the  j)roceeds  thereof  shall  l)e 
credited  to,  and  be  a  jiart  of,  t!"e  sinking  fund  herein  created. 


AKT.  .W.  Sec.  1-:'.  I  CIIAKTKI:  <>l'  Till-:  IMTY   OP  ST.   LOl'lS. 

AIM' I (1,1-;  xv. 


451 


Pl'Hl.U'    I'Kl.NII.VG 


SECTION 

1.  Ut'Klsler    to    advertise    for    sealed    |»ro- 

poffals — openliiK  of  btdf^- — contrarts 
to  lie  award'tl  to  lowest  lildder 
and  reported  to  covincll — speclllca- 
tlons  of  contrnct — forfeiture  of  same 
— eontract  for  Joli  printing — tem- 
porary contract  authorlzt'd. 

2.  Publication    of    ordldnnce.s — altslrart    of 


SKCTION 

proceodlngs  of  assembly — second 
printing'  of  documents  forbidden,  ex- 
cept by  two-thirds  vote — annual 
printing:  of  city  documents  In  pani- 
plilet  form. 


3. 


Proofs  of   i>rintins    to    i>e    sui>mltted    to 
officers    Interested. 


Sfi'tiiiii  1 .  IvrLvistrr  to  ;i<l\  «'rl  isr  lor  s«';ih'«l  pi-oposals  o|»i'iiiii<i' 
of  l»i(ls_«'ont  iMrf  s  (o  ln'  ;i\\  iiidi'il  to  Io\\«'sl  ItiihU-r  aiitl  rcpoitt'tl 
(oCoiiiK'il  ^|M'ciric;il  ions  ol'  roiitriK-t  foi'lril  lire  of  sjinir  — <"oii- 
(r;i<l  lor.joli  piinl  iiiji  — («Mn|ioi;M>  <-oiiti-:irl  aiit  liori/ftl  -Alliniut 
iiijr  aiul  l)iiiiiiiii:  l"  •"■  tlnin-  at  I  lie  i\i>fii.-ii'  ut'  llir  city  .--liall  in-  i-ipiilrai-icd  tor  as 
fiilli)\v,-;.  ti>-\vit  :  Tlif  lu'o:isti-rsliall  advcitif;*'  in  tlic  li('\v.'<i)ai)i'l-s  piihiisiicd  in  the 
t'ity.  III'  a  iiiiiriM-iii  ilailv  circulat  inn  of  iivcr  liii-cc  tiioii.saiiil  ru|ii('s  ixii  far  as 
!»■  may  bi-  inroi-iiii'il  llu'reuri,  a  |)i-(i]Kisal  loi-  simIimI  liids  in  \vi-itiiio  for 
diiiiifi  the  city  |irintiii<>;  to  be  done  in  i-ity  ne\vs|)M|icis  ol'  said  daily  circu- 
lation, for  one  year,  one  pnblisiied  in  the  lOiifrMsh  and  one  in  liii-  Cicrniaii 
lan;,'naof;  said  adverlist'iiieiil  .sjiall  state  lie  (liace.  day  and  lioni-  of  the 
opeiiin;;  nl'  such  bids,  and  shall  lie  made  lor  at  least  len  da.\s  iie.xl  hct'orc 
sncii  day.  'riie  bids  shall  lie  opened  in  ihe  ol'lice  of  Hie  [{eoislei-.  ami  afl 
biddeis  may  lie  |ifes(Mil  liiei'eal.  No  liid  shall  lie  colisi(U'i-ed  in  which  ihere 
siiall  be  any  ei-asni-e  oi-  intei-lineal  ion.  in  evei-y  case  tiie  |ii-inlino  shall  lie 
awai-ded  lo  the  lowest  bidder.  The  Heoistef  siiall,  wilhonl  (h'lay.  report 
tlie  bids  and  a«ai-ds  to  the  Council.  II'  the  Council  reject  any  a\vai-d.  Ihe 
Kefjister  shall  proceed  witlunit  delay  as  above,  foi-  new  bids  for  the  kind  of 
printino  »(  ihe  I'ejected  award,  and  re|iorl.  as  aforesaid,  upon  Ihe  same. 
:ind  so  on  nnlil  the  Council  coiilirm  Ihe  awards  I'oi'  all  the  aforesaid  print- 
in;;,  l-'.very  conlraci  for  |ii-i!ilino.  in  inii-siiance  of  any  award,  shall  specify 
the  |irinlin<;  and  the  price  Iherefor,  and  reipiii'e  the  doino  thereof  within 
iva.soiiable  lime.  The  ]ii'iiitin;:  meant  in  this  article  includes  everythiii^r  of 
labor,  skill  and  mal(>rials.  for  brinoin;;  the  work  to  Ihe  condition  for  its 
inteniled  use  and  |ini-|:ose.  If  any  bidder  fails  to  pei'form  Ihe  conti-aci  as 
the|-ein  re<|nired.  the  same  shall  be  subject  lo  foi-feitiire  by  the  .Mayor.  .\ll 
Job  printin;;  and  bindino  shall  be  let  by  contract,  subject  to  such  i-e;;iila- 
lions  as  may  be  presci'ibed  by  ordinance.  I'niil  the  contract  be  made  as 
afori'said  for  any  aniliorized  |irintino.  at  the  e.\|iense  of  the  city.  Ihe  same 
may  Im'  contracted  foi-  by  the  Ueoister.  with  Ihe  a|ipro\al  of  the  Ma\or. 

Section  2036  of  the  tlrv.  Code  carries  out  tln'  provisions  hereof. 

Si.-.  ■_'.  I'lililieat  ion  of  ofdiiiaiiccN  ali^t  f-act  of  pi-o(  •<'('(!  iiiys  of 
.\ss«'nil)l>  si-eond  print  iii;;<>f  iloeiiinriits  foi-liidilen.  i-xccpl  li> 
t\>o-tliir(lH  vote— itnniial  print  in;;  of  rit.v  tlociiinrnis  in  painplih'f 
form. — l-^ery  ordinm  •  •  p  i^N  ■  1  by  th-  .V^^mhIiIv  shall  be  piiliiisheil  in  the 
|mi)ers  iloin;r  the  eity  j)i*intiii;r  within  five  days  after  its  ajijiroval .  Tiie  Assembly 
shall  cause  an  abstract  of  its  proceediii;;s  to  be  published  within  forty- 
ei;;lit  hours  after  the  meetin;;  at  which  they  were  had.  Such  abstract  shall 
brielly  slate  ihe  snbsiaiice  of  all  petitions,  memorials,  remonstrances,  mo- 
tions, propositions,  bills,  resolutions  and  orders,  and  the  yeas  and  nays  in 
full  whenever  taken;  also,  all  communications  from  the  .Mayor  and  other 
city  oflii-ers.  unless  otherwi.se  direi-ted  by  the  Municipal  As.seinbly.  No  ex 
|H'iis«'  for  printing;  tlie  same  doiMinieiit   tlie  s4'cond   time  shall   In-   incurred, 


452 


CHARTER  OF  THE  CITY  OF  ST.  LOUIS. 


[ART.   XVI. 


except  Avhen  ordered  by  a  vote  of  two-tliirds  of  tlie  ineinbei-s  elected  to  the 
Asseiiilily,  taken  by  yeas  and  nays.  Tlie  aiiunal  niessa<;es  of  tlie  Mayor. 
an<l  reports  of  tlie  ("oniptroller.  with  liie  accomiianyiiif;  reports  of  tlie  otiier 
city  ofticers,  shall  be  printed  in  pani]ililel  fiirni.  the  nninber  of  copies  to  b? 
(letei-niined  by  a  inajdiily  i>\'  IkiIIi  houses  ot  the  .Municipal  Assembly  by 
joint  resolution. 

The  provisions  lieroof  followed  1>>-  ordinance:  Rev.  Code,  sees.  2037.  203S.  See 
also  other  ordinance  provisions  following  said  section.  This  provision  requiring 
publication  of  ordinances  within  five  daj's  after  approval  "was  designed  to 
notify  the  public  at  as  early  a  period  as  possible  of  the  passage  and  provisions 
of  the  laws  which  were  to  govern  them;"  and  this  provision  applies  only  to  ne'w 
ordinances  and  not  to  a  revision  and  digest  of  existing  ordinances  contained  in  a 
general   revision:      St.   Louis   vs.   Foster.   f>i  Mo.   513,   516. 

See  as  to  effect  of  failure  to  pubiisli  an  ordinance,  in  a  case  arising  under  a 
cliarter  of  a  smaller  cit>".  retiuiring  publication  of  ordinances,  but  providing  that 
failure  to  publish  should  not  render  the  same  void,  except  under  certain  con- 
ditions, etc.:   Schweitzer  vs.  City  of  Liberty,   82  Mo.    309,   315. 

Where  a  ]>ublitation  is  rt-ciuired,  a  failure  to  publish  generally  renders  the 
ordinance  vc.id:  llaiitc  vs.  Oranada.  4  V.  S.  c;.  C.  A.  212,  219  el.  sm.:  s.  c.  54  Fed. 
ion    (distinguislud   in   .\lma   vs.  Bank.   GO   Fed.  203:   S  V.   S.  C.   C.  A.   564). 

Hec.;!.  Proof,**  of  priiitinj>'  to  be  submitted  to  officers  interested. 

— I'roofs  of  all  priiilinj:  shall  lie  submitted  to  the  officer  directly  interested 
therein,  and  no  ]mlilication  or  jirinrini;  shall  l)e  done  or  j)aid  for  except 

when  done  in   the  m:iiiner  hiTeili  prescribed. 

This  provision  is  re-enacted  by  ordinance:  Rev.  Code,  sec.  2039.  When  printing 
is  done  under  an  unauthorized  contract,  no  recovery  can  be  had  against  the  city, 
and  the  municipal  assembly  cannot  lawfully  provide  that  it  shall  be  paid  for; 
such  an  appropri;ition  would  be  a  donation  of  city  money  and  is  prohibited 
by  law:    Campbell  vs.  St.  Louis.  71  Mo.  106- 


AKTR'LK  XVI. 


MT.'^CF,LL.\XF.Ol'S  PROVISIONS. 


SECTION"  .     , 

1.  Existing   ordinances,   contracts,  etc..   to 

remain  in  force  until  repealed  or 
abrogated. 

2.  Existing      recognizances.      obligations. 

forfeitures,    actions,    etc..    to    remain 
in   force. 
:i.  Management   of  MuUanphy    beriuest. 

4.  Sti'eet    opening    ordinances    repealed — 

pending  cases  to  be  conducted  under 
former  laws — cit.v  counselor  to  act 
as  land  commissioner. 

5.  Mayor  to  promulgate  charter. 

G.  Appeal  bonds  by  city — mayor  to  exe- 
cute such  bonds  for  the  city. 

7.  Execution  of  city  contracts — contracts 
to  be  numbered,  filed,  etc..  in  reg- 
tstei''s  office — attested  copies  to  be 
furnished    city   officers. 

S.  Citizens  of  St.  Louis  exempt  from  road 
work. 

9.  Damage  suits  against  the  city^per- 
sons  and  corporations,  when  liable, 
to  be  made  co-defendants,  and  judg- 
ments to  be  first  enforctKi  against 
them. 


SECTION 

10.  Regulation    of   public    proc«^ssions. 

11.  Penalty    for   voting   in    favor   of   or   al- 

lo%ving  unauthorized  claims — penalty 
foi'  the  misapplication  of  public 
funds. 

12.  Penalt.v    for   violation    of    provisions    of 

charter. 

13.  Oath   of   office. 

14.  Records    of    board    of    police    commis- 

sioners to  be  open  to  inspection. 

15.  City  coun.selor  and  attorney  to  furnish 

legal  advice  to  police  commission- 
ers. 

16.  Expenses    of    polii-e    force    to    be    jiatd 

out   of   city   treasur.v. 

17.  Assembly    to    fix    salaries    of    officers — 

increase   of   salary    forbidden    during 
term. 
IS.   Limitation    of    salaries — all    fees,    etc., 
to    be     paid    into     treasury — officers' 
salaries   to   be   paid    monthly. 

19.  Amendments     to     Charter     to     be     sub- 

mitted  to   the  people. 

20.  Existing  city   officers   continued    in   of- 

fice until   April.   1877. 


AKP   XVI.S.f.  l-«.]  CHAUTKI!  OF  Tin:  CITY  ni-  ST.   l.olls.  4j;( 

StMtU)ii  1.     Kxistiiifi  (iriliii:iiic«>s,  rontnu-ts,  vtv.,  («►  iM'inaiii  in 

f<>r<'e  until  i*c>p«'iiI»Ml  or  iil>ro<4'iit<Ml Allonlinaiifi's  in  tnrcf  at  ilnMiiin- 

iliis  ('liMiici-  and  Si  liiiiic  ;;()  iniu  niiciai  iuii,  not  incKiisistcnl  llici-cwitli.  sliall 
rt-maiii  in  lull  runt'  uniil  allcrcd  or  rt'iH-alfd  liy  llic  Asscnild.v.  and  all 
i'i;;lils.  ariions.  |pros(Miilions  and  lonirails  of  llic  <ily,  not  inconsisicnl 
tJit-rfwil  li.  shall  roiiiiiuii'  In  l>i'  \alid  as  if  iliis  Silicnif  had  mil  ln'cii  adi>|iii-d. 

I'mii'i-  tliLs  svi'tlon  only  so  miuh  of  un  existing  oiillnunoo  ut  tlio  tliiu'  of  llii> 
nilopllon  of  the  Cliartor  la  aiipei-siMlcd  as  conllicts  with  the  Charter,  the  r.-malndi'i- 
thereof  continuing  In  force:    Qiilnette  vs.  St.  I..oiil.i.  7i>  Mo.  41)2. 

As  to  effect  In  general  of  onllnances  In  conflict  with  Charter  see  note  Intro- 
iliictory   to  soc.   26  of  Art.   Ill   of  Charter. 

Str.  2.  Kxi.stinj;-  riM-o-ini/aiift's,  <»l)li<;;i<H)ns,  lorfoilim's,  ac- 
tions, otc,  4o  riMiiain  in  l'<»r<H*. — All  riM'ojrnizaiwi's.  nhli-rations.  and  all 
(•ihcr  insiinnii'iiis  iiiicii-d  inio  or  t'.xci-nlcd  In  llic  riiy  licl'orc  Iliis  I'liaid'i- 
iiiH-n  iiiiii  oiM-ralioii.  and  all  liiu's.  laxcs.  iicnallii's  and  forfcii  iircs  dnc  nr 
(iW  iii^  lo  lilt'  filv.  anil  all  wrils.  iirt)st'i-iil  ii)iis.  atlioiis  and  causes  t)!'  atlinn. 
except  as  herein  m-  in  the  Sthenic  Dtherwise  prtivideil.  shall  loiiiinnf  ami  re- 
main iinall'etletl  h\    this  ('harler  ;;<>inji  intti  iijieralitui. 

That  sult.s.  forfeitures  and  proceedings  pi'nding  at  the  time  of  the  repeal  n(  an 
ordinance  are  not  affected  by  such  repeal  see  Revised  Code.  sees.  Hi)."i,  llOii; 
see  also  .'IS  to  .'ftcrt  of  repeal,  note  tn  Charter.   .Art.  111.  section   2S. 

See. :!.  .>lana;'cnicnt  ol  .^liillaiipli.N  Itctiiicst.s. — 'liic  Assiinlil\  shall 
priivith'  liy  nnlinance  fi>r  the  adniinistratiiiii  of  the  .Miillaiiphy  heiniest  li.v  a 
hoanl  i>r  ihirlcen  ineinliers  tii  he  elected  h_v  the  ( "tniiicil.  dI'  wlmni  not  more 
tlian  live  shall  rcsith'  in  any  one  ( 'tuiopcssitnial  l)islriti.  said  r.oaid  shall 
receive  mi  lonipcnsai  ion  for  their  service.  . 

^Iiiltiiniiliy  beqiient:  I''or  ordinances  upon  this  sul)jeet  see  Rev.  Code,  Chap.  19, 
sees.  lf>."i4  tn  1672  and  note  at  heading  of  said  chapter,  discussing  the  Mullanphy 
hei|Uest   and   erdinances,   and    referring  to  adjudications   toiichinp:   the   same. 

s..'.  I.  S(  rcct  opt'iiliii;'  (>nliiianc<'s  repealed  -p<'ii(lini;cas<"^  to 
Imm'oikIiu-I t'<l,iiii<l<-i-  I'lii'iiici-  la\>s — <'il\  ('oiiiix'lor  lo  art  as  Land 

Connnissioncr. — AUordinam-cs  tt»rtlii'opcnino:of  any  street. aveiuic  or  hiirh- 
W!iy.  upon  whi'-li  proceetUii','s  sliall  not  liave  heeii  coinineneed  at  the  time  this 
ChatiTfjoes  into  oi)c  rat  ion,  shall  he  ami  are  herehvrei)ealed.  Provided,  hoxccver 
(he  jirovisioiis  of  this  ("harler  shall  not  he  construed  lo  atl'ect  any  ca.se, 
p<'ndiii<;  at  the  time  when  saiil  Charter  shall  liccome  operative,  hut  e\i'ry 
such  ca.se  shall  Im'  ct)nductetl  under  the  law  in  rtirce  when  ir  was  com- 
inencetl ;  ami  any  act  necessary  to  he  ilone  hy  the  Laml  Commissioner  t>f 
the  City  of  Si.  l,<Miis.  in  the  execntii>ii  id'  any  sncli  ca.ses  alter  the  seveiilh 
day  of  April.  ISTT.  shall  be  perftirnied  hy  the  City  Couii.selor  of  saitl  city. 

That  procoetllnga  for  street  openings  hegiin  under  the  old  Charter  and  con- 
tinued prior  to  the  time  when  It  was  Dnall.v  ascertnlnetl  that  the  Charter  had 
heen  adopted  (March  ."•.  1.S7T)  are  validated  by  the  de  fmin  principle,  see  note 
to  Charter.  Art.   VI.  sec.   2;  also  note   Intrniiuctory   to  sec.   2ti  of  .Art.    III. 

See..").  TlM>>Iayortopr(HnuI<;:al4-('liai-|(>i'. — Tin- Mayor  shall,  imim-- 
tliately  afler  this  .Sehenie  and  Charier  uo  into  elVecl.  lake  measures  to 
proiiinl;;ale  llie  sain(\  hy  cansin>;  iheiii  lo  he  printed  in  pamphlet  fi>rm.  with 
accurate  head  notes  lo  each  article,  and  as  full  an  imlex  as  |iracl  icalde. 

See.  li.  Appeal  l)ond  !•>  City — >Iayorlo  <'xt*(Mit«'.su<-li  bond  for 
City. — The  City  of  St.  Ltiui--  in  lakinL'  an  .-ipp'-al  in  any  judicial   jiroi liiij.'.--. 


454  chai:tkf;  of  the  city  of  st.  louis.  r  AFIT.  XVI.  see.  7. 

jsliall  i;iv('  hond  as  i-oi|iiir('(l  liy  law.  hiil  i.s  horel)Y  released  from  tlie  (ibliga- 
tii)ii  of  law  to  furnish  .seciirit.v  rlierefor.  All  such  lioiids  shall  be  executed 
bv  the  Mayor,  and  shall  be  taken  in  all  courts  as  a  full  compliance  with  the 
law  in  such  cases,  and  all  acts  oi-  jiarls  of  acts  inconsistt-nt  with  this  (pro- 
vision are  hereby  re])ealed. 

See  Rev.  Code.  sec.  167S.  a.s  to  appeal  bond.  An  appeal  in  a  suit  to  whieli  the 
City  of  St.  Louis  is  a  party  goes  to  the  Supreme  Court,  whatever  the  amount 
involved,  because  that  city  is  a  political  subdivision  of  the  State:  Steften  vs. 
St.  Louis.  135  Mo.  44.  4S-49;  Straub  vs.  St.  Louis.  175  Mo.  413;  Northcut  vs. 
Eager.   132  Mo.   265.   273. 

Sec.  7.  Execution  of  city  contrat'ts — oontracts  to  be  numbered, 
filed,  etc.,  in  Kefjister's  office — attested  copies  to  be  furnishe<l 
city  officers.— All  contracts  relating- to  city  affairs  shall  be  in  writiui;',  siu'iicd 
and  executed  in  the  name  of  the  city,  1)y  the  officer  authorized  to  make  the 
same,  after  due  notice;  and  in  cases  not  otherwise  directed  by  law  or  ordi- 
nance, such  shall  be  made  and  entered-  into  by  the  Conijitroller,  and  in  no 
case  by  the  Assembly  or  any  committee  thereof.  All  contracts  not  made 
by  the  Comptroller  sliall  be  countersi<;ned  by  the  Com](troller  and  filed  and 
registered  by  number,  date  and  contents,  in  the  Kegister's  office,  and  at- 
tested copies  furnished  to  the  Com])troller,  Auditor,  and  such  other  officers 
as  are  interested  in  the  jperformance  thereof  as  reijuired. 

Contracts:  ConNtitiition,  Art.  IV.  sec.  48,  provides  that  the  General  Assembly 
has  no  power  to  .  .  .  pay  nor  authorize  the  payment  of  any  claim  against 
State,  county  or  municipality  under  any  contract  made  without  express  autlmrity 
of  law;  and  all  such  unauthorized  agreements  or  contracts  shall  be  null  and  void. 

State  Law:  No  city,  etc.,  shall  make  any  contract  unless  within  the  scope  of 
its  powers  or  expressly  authorized  by  law  and  upon  consideration  to  be  per- 
formed subsequently;  and  same  shall  hi-  in  writing  and  dated  when  made,  and 
subscribed  by  all  parties  or  agents  duly  authorized  in  writing:  R.  S.  1899,  sec. 
6759.  (An  ordinance  and  written  acceptance  is  sufficient  to  meet  this  section: 
California  vs.  Teleplione  Co..  112  Mo.  App.  722.  727.)  Duplicate  copies  to  be  made 
one  to  be  kept  with  proper  officer,  wliich  in  case  of  variance  controls:  Sec.  6760 
(but  such  filing  and  execution  in  duplicate  is  only  to  preserve  the  contract 
as  evidence  and  is  not  a  condition  precedent  of  its  validity;  Saleno  vs.  Neosho. 
127  Mo.  627,  63S).  All  contractors  for  public  work  to  give  bond,  etc.;  Sec.  6761; 
material  men  or  laborers  may  sue  on  the  bond:  Sec.  6762.  (On  last  point  see 
also  Rev.  Code.  sec.  1989:  St.  Louis  vs.  Von  Phul.  133  Mo.  .t67.) 

By  the  charter  also  (by  this  provision,  i.  e.  sec.  7,  Art.  16)  all  contracts  must  he 
in  writing,  etc.  .4nd  by  Charter,  Art.  IV,  sec.  46.  it  is  made  the  duty  of  the  Mayor 
to  see  that  the  contracts  of  the  city  are  enforced:  and  it  is  made  the  duty  of 
all  oflicefs  to  report  all  violations  to  the  Mayor;  and  Art.  XVI,  sec.  11,  makes 
participation  in  an  unauthorized  contract  a  high  misdemeanor,  with  severe  penal- 
ties. 

.4nil  hy  ordlnauep,  contracts  must  be  in  writing,  countersigned  by  proper  officer 
designated  or  comptroller,  etc.,  filed  with  register,  etc.:  Rev.  Code,  sec.  2395. 
(The  filing  is  however  not  a  condition  precedent  to  the  validity  of  the  contract: 
See  Saleno  vs.  Neosho.  127  Mo.  1.  c.  637  et  seq).  Contracts  to  be  registered, 
numbered,  etc.,  and  be  in  custody  of  register:    Rev.  Code,  sec.  2062. 

Validity  of  pity  contracts  and  liahiiity  of  city:  Those  who  deal  with  the  officers 
of  a  municipal  cori>or.ition  must  ascertain  at  their  peril,  that  such  agents  are 
acting  within  the  scope  of  their  powers;  and  the  city  may  plead  ultra  vires  and 
the  invalidity  of  a  contract  made  in  violation  of  law:  Cheeney  vs.  Brookfield. 
60  Mo.  53.  54;  Mister  vs.  Kansas  City,  18  Mo.  App.  217.  227;  Verdin  vs.  St.  Louis. 
131  Mo.  1.  c.  9S;  Construction  Co.  vs.  Geist.  37  Mo.  App.  1.  c.  513;  Keating  vs. 
Kansas  City.  S4  Mo.  415;  Carroll  vs.  St.  Louis,  4  Mo.  .\pp.  191;  Pryor  vs.  Kansas 
City.  153  Mo.  135,  142.   150,  citing  numerous  cases. 

The  city  cannot  be  held  on  a  Quantum  meruit  or  on  an  implied  contract:  See 
cases  supra. 

Hence  where  a  contract  exceeds  the  appropriation  allowed,  the  city  is  liable 
only  to  the  extent  of  the  appropriation:  Mister  vs.  Kansas  City,  IS  Mo.  App.  217, 
approved   but   distinguished   in   Pryor  vs.   Kansas  City.   153   Mo.   135. 


ART   XVI.  Sec.  7.]  CHAKTKH  OK  TMH  CITY  OF  ST.   l,Ofl.'<.  455 

But.  of  coursf.  wlitre  one  Is  othprwise  ontltk-d  to  lawfully  recover  iiKiiliiHt  tlif 
city  (as  salary  out  of  the  general  revenue),  the  fact  that  there  Is  not  enough 
money  approprlateil  to  pay  him.  will  not  defeat  a  Judgment  on  the  rialm:  Mag- 
ner  vs.  St.  Louis.  179  Mo.  495,  501.  Nor  Is  one  who  Is  entitled  to  a  claim  against 
a  city  required  to  obtain  a  warrant  hefore  suing:  Kansas  City  Loan  Co.  vs. 
Kansas   City,    9S    S.    W.    459    (Sup.    Ct..    Nov.    21.    1900). 

For  a  case  apparently  on  contract  against  the  city.  In  which  "no  law  or  ordi- 
nance requiring  It  to  be  In  writing  was  brought  to  the  attention"  of  the  court, 
and  wlu*re  a  verl»al  contract  was  lu-UI  sufficient,  see  McQua<le  vs.  St.  Louis.  7G  Mo. 
46.  4S  (but  only  the  title  Indicates  that  the  suit  was  against  the  city,  nor  Is  men- 
tion made  of  the  provisions  tlrst  above  referred  to  from  constitution,  statute  and 
charter);    See  also  "The  Maggie  P.,"  25  Fed.  202. 

A  verbal  contract  Is  absolutely  void  as  to  a  city:  Savage  vs.  Sprlngdeld,  85  Mo. 
App.  323.  329  (Incapable  of  ratlflcatlon).  citing  the  constitution:  but  the  point 
must  be  raised  In  the  trial  court:     Ljincaster  vs.   Briggs.   US  Mo.   App.   570. 

All  persons  dealing  with  the  city  must  take  notice  of  the  charter  and  ordinance 
provisions  (see  note  Introductory  to  Charter),  and  those  enter  Into  and  form 
part  of  the  contract,  whether  expressly  so  made  or  not:  Pryor  vs.  Kansas  City. 
153  Mo.  135.  142.  150:  Carroll  vs.  St.  Louis.  4  Mo.  App.  191;  St.  Charles  vs.  Hack- 
man.  133  Mo.  1.  c.  642:  State  ex  rel.  vs.  Kent.  98  Mo.  App.  281,  286;  see  also  San 
Antonio  vs.  Altgelt.  200  V.  S.  304.  308:  Citizens  Bank  vs.  Owensboro,  173  U.  S. 
636.    64  I. 

Contracts  referring  to  ordinances  Incorporate  the  latter  In  the  contract:  St. 
Louis  vs.  Gas  Co..  155  Mo.   I.  c.   17.  and  cases  cited. 

The  Municipal  Assembly  cannot  let  contracts:  see  Charter.  Art.  VI.  sec.  27  (public 
work);  Art.  IV,  sec  29  (supplies);  Art.  XV  (printing).  Compensotlon  on  a  con- 
tract not  authorized  (such  agreement  being  void),  cannot  be  provided  for  b.v 
the  Municipal  Assembly;  such  action  would  amount  to  a  prohibited  donation  of 
the    city's    money:      Campbell    vs.    St.    Louis.    71    Mo.    106. 

The  rule  of  contemporaneous  Interpretation  of  contracts  largely  controlling 
their  eff*'ct  In  case  of  amblgult.\".  applies  to  contracts  with  the  cit>*:  St.  Louis  vs. 
Laclede  Gas  L.  Co.,  155  Mo.  1,  19.  and  cases  cited;  but  see  National  W.  W.  Co.  vs. 
School    Dist..    48    Fed.    523. 

Tile  same*'<iulty  exists  and  the  same  moral  obligation  restsupon  the  city  to  pro- 
tect those  whose  labor  and  material  Is  employed  In  the  Improvement  of  its  streets 
under  contract  with  a  contractor  as  rest  upon  those  making  private  Improve- 
ments: and  hence  the  furnishing  of  such  material  or  such  work,  creates  such  a 
privity  between  tliose  furnishing  same  and  the  city  as  will  entitle  them  to  the 
henertts  Intended  to  secure  them  against  loss,  under  a  bond  expressly  so  pro- 
viding, exacted  by  the  city  from  the  contractor  doing  public  Improvement  work: 
tile  city  has  authority  under  Its  charter  powers  to  require  such  provision:  St. 
Louis  vs.  Von  Phul.  133  Mo.  561,  566  et  seq.;  Kansas  City  vs.  Surety  Co..  196  Mo. 
I.  c.  305:  (see  also  Rev.  St.  1899.  sec.  6762;  Rev.  Code.  sec.  1989).  And  the  con- 
tract between  the  material  men  and  the  contractor  is  Independent  of  the  con- 
tract between  the  city  and  tlie  contractor;  the  foct.  therefore,  that  the  contract 
between  the  city  and  the  contractor  Is  Invalid  has  no  effect  upon  the  contract 
between  the  material  man  and  the  contractor:  Kansas  City  vs.  Surety  Co.,  196 
Mo,  1.  c.  302.  So  also  the  city  may  contract  that  enough  of  the  contract  price  be 
withheld  to  meet  the  claims  of  laborers  and  material  men:  St.  Louis  vs.  Lumber 
I'o..  114  Mo.  82.  After  the  contract  Is  executed,  the  sureties  on  the  contractor's 
bond  to  the  city  are  estopped  from  claiming  that  the  contract  was  void:  Kansas 
City  vs.  Surety  Co..  196  Mo.  1.  c.  302.  But  where  there  Is  no  privity  between  the 
city  and  a  third  person  for  whose  benellt  a  contract  Is  made  by  It,  such  contract 
is  Invalid:  hence  a  private  citizen  cannot  recover  for  loss  by  lire,  from  a  water 
company  whicli  had  obligated  Itself  to  furnish  water  sufficient  to  extinguish  all 
flre.s  and  he  responsible  for  a  failure  so  to  do:  Howsman  vs.  Trenton.  119  Mo 
305 

A  city  cannot  contract  to  do  for  a  compensation  that  which  is  a  public  duty 
Imposed  upon  it  by  law;  but  It  may  contract  to  do  things  of  a  private  nature 
not  inconsistent  with  Its  municipal  powers  (such  as  raising  a  sunken  boat),  and 
be  liable  for  a  breach  thereof:     The  Maggie  P..  25  Fed.  202. 

City  officials  are  disqualified  from  being  directly  or  Indirectly  interested  in  any 
contract  with  the  city   (see  Charter  Art.   IV.  sec    lo.   Including  assemblymen:    Art. 


450  CHARTER  OF  THE  CITY  OF  ST.  LOI'IS.  [ART.  XVI.  Sec.  7. 

III.  sec.  G):  it  is  made  a  niisdemr-annr  if  they  are  (R.  S.  1S99.  sec.  2346. 
Charter  Art.  XVI.  sec.  11);  and  in  view  of  these  and  the  other  statutory,  charter 
and  constitutional  provisions  cited  at  beginning  of  this  note,  tliere  is  little  doubt 
that   such   contracts  are   void:      (See  note  to  sec.    10  of  Art.   I\'  of  Charter). 

For  additional  authorities  that  city  contracts  not  in  anordance  with  law  are 
void,   see   cases   below   on    ratification,   estoppel,   etc. 

Contracts  lawfully  made  by  a  city  are  binding  on  it  (Sleffen  vs.  St.  Louis.  13."* 
Mo.  44).  and  the  obligations  of  contracts  made  by  franchise  ordinances  cannot 
be  impaired  by  the  city:  and  such  impairment  will  be  prevented  by  the  courts, 
as  a  matter  of  law.  and  as  contrary  to  the  constitutions  prohibitiiig  such  legis- 
lation: See  cases  cited  in  note  to  sec.  1  of  Art.  X  of  the  Charter,  as  to  street 
railway  ordinance  franchises;  and  see  in  general.  Vickslnirg  vs.  Waterwoiks  Co.. 
202  U.  S.  453,  and  cases  cited:  Walla  M'alla  vs.  W.  W.  W.  Co..  172  IT.  S.   1. 

But  a  mere  repudiation  of  a  contract  by  a  city,  in  tlie  absence  of  legislation, 
amounts  to  a  mere  breach  of  contract,  and  does  not  amount  to  the  impairment 
of  its  obligation  within  the  federal  constitution:  Dawson  vs.  Columbia  Trust 
Co..   197   U.   S.   178. 

A  city  may  be  lield  to  have  received  mone'V  to  the  use  of  another:  the  obli.a;a- 
tion  to  do  justice  rests  upon  all  persons,  natural  and  artificial,  and  if  a  munici- 
pality obtains  the  money  or  property  of  others  without  authority,  the  law.  in- 
dependent of  any  stati;te.  will  compel  restitution  or  compensation:  Wood  vs. 
Kansas   City,    162   Mo.    303,    1.    c.    312. 

A  clause  in  a  contract  between  the  city  and  a  eontr.ictoi-.  li'a\'ing  disput'-s  as  to 
the  amount  of  the  work  to  be  paid  for  and  questions  as  to  tlie  execution  of  the 
contract  work,  to  be  determined  by  the  city's  commissioner  is  valid  and  his  de- 
cision is  final  in  the  absence  of  fraud,  partiality  or  misapprehension  of  the  facts: 
McCormick  vs.  St.  Louis.  166  Mo.  315  (see  also  dissenting  opinion  and  cases 
cited);  but  such  provision  does  not  give  the  commissioner  jurisdiction  to  deter- 
mine the  legal  question  whether  the  contractor  has  incurred  a  penalty  provided 
for  in  the  contract:  King.  etc..  Mnfg.  Co.  v.s.  St.  Louis,  43  Fed.  (C.  C.)  76S,  (ap- 
peal   dismissed:      149   U.    S.    769). 

Kntifieation;  A  city  maj-  ratify'  the  unautliorized  acts  and  contracts  of  its  of- 
ficers when  within  the  scope  of  the  corporate  powers.  But  the  ratification  must 
be  by  the  same  authority  that  could  have  done  the  act  lawfully  originally: 
Dougherty  vs.  E.xcelsior  Springs.  110  Mo.  App.  623.  627.  629;  Unionville  vs.  Mar- 
tin. 95  Mo.  App.  28;  State  ex  rel.  vs.  Milling  Co..  156  Mo.  620.  634;  Clay  vs.  Mexico. 
92  Mo.  App.  611;  Ruggles  vs.  Collier,  43  Mo.  3.'.3.  367;  Kolkmeyer  vs.  Jefferson 
City,  75  Mo.  App.  678. 

A  sewei-  not  legally  constructed  l>y  ordinance  may  be  ncccpted  and  used  by  a 
city,  and  such  subsequent-ratification  estops  the  <ity.  but  not  an  abutting  owner 
to  dispute  a  tax-bill:  Akers  vs.  Kolkmeyer.  97  Mo.  App.  .i20;  see  furtli'-r.  ."^t. 
Louis  V.S.  Clemens,   43  Mo.   395. 

Nor  can  a  void  conti'.'ict  be  ratitii-d:  .Savage  vs.  Springfield.  S5  Mo.  App.  323. 
329. 

The  doelriiie  of  estopiiel  applies  to  a  municipal  corporation  when  it  enters  into 
a  contract  wliich  it  has  authority  to  make,  with  the  s.ame  force  as  that  doctrine 
applies  to  individuals:  Un.  Dep.  Co.  vs.  St.  Louis.  76  Mo.  393.  396;  Unionville  v.s. 
Martin.  95  Mo.  App.  28.  38;  see  also  National  Subway  Co.  vs.  St.  Louis.  169  Mo. 
319  (refusing  to  allow  the  city  to  charge  as  per  contract  for  the  use  of  its  streets 
during  the  period  it  itself  prevented  such  use);  The  Maggie  P..  25  Fed.  (C.  C. 
Dist.  Mo.)  202.  206.  See  also  King.  etc..  Co.  vs.  St.  Louis,  43  Fed.  (C.  C.  Mo.) 
768.  I''  ■ 

But  estoppel  cannot  be  applied  against  the  city  to  validate  a  contract  the  city 
had  no  authority  to  make:  Unionville  vs.  Martin.  95  Mo.  App.  2S.  38;  Wheeler  vs. 
Poplar    Bluff.    149    Mo.    36. 

Allliougli  it  may  be  invoked  against  one  dealin,i4"  with  the  city  who  has  received 
the  benefit  of  an  unauthorized  contract  which  is  not  prolul)ited  by  charter  or  law: 
L^nionville  vs.  Martin,  95  Mo.  App.  28,  38;  Kansas  City  vs.  Surety  Co.,  196  Mo.  281. 
301:  St.  Louis  vs.  Davidson,  102  Mo.  149;  Henderson  vs.  Koenig.  192  Mo.  690;  Cali- 
fornia vs.  Telephone  Co..  112  Mo,  App.  722.  But  see  Wood  vs.  Kansas  City.  162 
Mo.   :{12,   liolding  tliat  one  cannot   be  esto])ped   by  a   void  ordinance  from   claiming 


AKT.  XVI.  Sco.  S-9.]  rilAHTKR  Ol'  Till:  ilTV  or  ST.   I.OIMS.  457 

f.-fs  received  us  notary  public,  though  uhtitlnliiK  his  i-ni|)loymciit  liy  suih  orOI- 
nani-.-  which  ruciulrcd  him  to  pay  said  fi-es  to  tlu-  city,  his  salary  to  hf  in  full 
th.TPof.  and  such  tees  being  earned  in  ciiniicctlori  witli  city  luisin.ss  and  in  city 
hours. 

A  city  cannot  be  estopped  from  claiming  property  to  hv  a  highway  h.caus.'  It 
had  b.'cn  Included  In  a  cause  seeking  to  condemn  private  land  for  public  use: 
Moses   vs.   St.    L.    Sec.   Dock   Co..   84   Mo.    1.   c.    246-217. 

rt  was  held  tluit  where  the  City  of  JopUn  entered  into  a  contract  with  a  wat'-r 
company  to  supply  It  with  water,  it  cannot  accept  the  henelits  of  the  water  suii- 
plled  and  defeat  a  recovery  because  the  amount  supplli-d  was  not  as  much  as 
agreed;  If  it  Intends  to  escape  payment  altogether  It  shi>uld  refuse. to  accept  the 
water  and  terminate  the  contract,  otherwise  It  will  be  liable  for  the  amount  re- 
ceived, and  if  it  fails  to  enforce  the  provisions  of  the  contract  intvniled  to  meet 
the  default  claimed.  It  waives  the  right  that  the  company  can  recoViT  only  on 
the   <|iiantum    meruit:      Waterworks   Co.    vs.    Joplin,    177    Mo.    4!ili. 

.%>iHlicnnl>illiy  of  eonlriieti  The  rule  that  a  contract  is  assignable  applies  against 
a  municipal  .orporation.  unless  there  be  some  statute  or  ordinance  forbidding: 
<;ordon  vs.  JetTerson  City.  Ill  Mo.  App.  2S.  27:  St.  Louis  vs.  Sullivan.  42  Mo,  69.  73: 
Kansas  City  Loan  Co.  vs.  K.  C.  200  Mo.  1S9.  Whether  a  city  has  a  right  by 
ordinance  to  forbid  the  assignment  of  earned  or  unearned  wages  or  claims  was 
raised  In  the  last  cited  case  (2(iO  Mo.  1S9),  but  the  case  was  decided  on  the  point 
tluil  the  particular  ordinance  there  In  question  did  not  apply  to  the  facts,  and 
the  assignee  of  earned  claims  was  permitted  to  recover:  the  court  construed  an 
ordinance  prohibiting  issuance  or  payment  of  a  warrant  to  any  other  than  the 
party  working  for  tin-  city,  as  not  preventing  recovery  by  the  assignee  of  tlie 
claim.  In  the  same  manner  as  the  assignor  could  have  recovered  had  no  warranf 
been    Issued. 

DrrilM  by  I ilelpui  orileerN,  acting  in  pursuance  of  ordinances  or  resolutions  of 

tie'  law-iMuklriK:  pow'-r  11 1  not  recite  such  authority,  nor  show  that  tin-  con- 
tingency lias  liappi'Ucd  which  authorized  tile  sale;  the  rule  applicable  to  trustees 
iloes  not  apply   to  a  city;     Jamison  vs.   l'\ipiarea,  4;i  Mo.   TiG.'i. 

When'  the  city  has  charter  power  to  dispose  of  lands,  its  deed  therefor  Is  pre- 
sumed to  he  executed  In  pursuance  of  that  power,  and  no  special  authority  by 
ordinance  or  resolution  need  be  shown:  Chomiuettc  \'s.  Baradu.  3;i  Mo.  249;  a 
deed  by  a  city,  regular  on  its  face,  under  tlie  corporate  seal,  is  prima  facie  evi- 
dence that  all  the  prereiiuisltes  authorizing  the  sale  have  been  comiilied  with: 
Wells    vs.    Pressy.    inS    Mo.    164,    179,    and    cases    cited. 

Sit.  s.    CHi/.ciisitr  St.  T>oiiis  <>\<>iiii>t  from  rond  work. — TIn'  liti- 

Z('ll,s  <>r  Ilif  ( 'il,\    III   Si.  I.iiiiis  :iri'  licrcliy  ('Xi'III|iI    lliilii  \\  mkili^  nil   llic  ln;i(ls  or 
|iulilir  liio|i\vnys  of  ilic  <il\.  ;iiiy  law  to  Ilic  coiiliMrv  iioi  wiilisliimliiio;. 

s, .  1.  I>;iinjiii«'  suits  Mnaiiisf  Uic  i'\{\  I'rrsoiis  jiiiil  ('oritorn- 
t  ioiis,u  Immi  li:ilil«-  to  he  iii:i(l«-  co-th-rciKlanls,  iiiul  Jii<l<;'iiiciil  s  to  li«> 
fii'sl  <>nroi'«-«>«l  :i;;;iiiis|  tluMii. — Wliein-Vfr  tin- i-ity  shall  ln'  miidi'  lialilc 
Id  ;iii  iniiiiii  lor  (l;iiii;i;;c.-<,  l)\  ica.soii  of  the  iiiiaulliori/'.cd  of  wroufjl'iii  acts,  or 
ot'  tlic  iu'f;li;;i'iicf.  cari'lt'S.siit'ss  or  iiii,skillfiiliics.s  of  any  |n'rson  or  corpoi-al  ion, 
am!  .smli  |mm-soii  or  coriioration  sliall  also  lie  lialilc  to  an  ai'tion  on  llic 
same  accoiinl  liy  llic  |iai-ly  so  injured,  Ilic  injured  |i;iiiy,  if  lie  sue  the  city 
for  daiiKioes  snil'cred  liy  liini,  shall  also  join  such  oilier  jicrson  or  jicrsons  or 
cor|ioraiion  so  lialih',  11"  ri'sidino  in  the  Stale,  so  th:ii  they  can  lie  served 
with  |ir<)cess,  as  a  dereiidaiit  or  dercndanls  in  his  suit,  and  no  jndonieiil 
shall  Ik-  reiuleifd  ai^aiiist  the  city  viiilcss  judoniciit  is  rendered  a;;aiiisi  such 
other  iMM-son  or  cor|ioralioii  so  liablo  to  lie  sued  as  aToresaid;  ami  if  any 
action  Im>  hroii^lit  against  tiie  city  alone,  and  it  is  made  to  a]>]iear  that  any 
{MM'son  or  corporation  <iii;;ht  to  Ih*  joined  as  a  dereiidanl  in  the  suit,  accord- 
in;;  to  the  jirovisions  of  this  .seciion,  the  plainlitV  sliall  lie  niinsnilcd:  lint 
no  |«'rson  shall  he  li;ililc  under  this  act  to  Ik-  sued  joinily  with  the  city,  who 
would  not  lie  lialilc  to  he  sued  se|iaratcly,  irrespective  of  its  provisions, 
\\lien  ;i  jiid;:ineiit  shall  lie  ohlained  ;ioainst  the  city  and  the  oilier  |iarly 
lialile  as  aforesaid,  execiilion  shall  issue  a;;aiiist  all  the  defendants  in  the 
ordinarv  form,  lint  shall  tirst  he  enforced  ;ind  collected  of  the  other  defend- 


458  CHARTER  OF  THE  CITY  OF  ST.   LOUIS.         [ART.  XVI.  Sec.  10-11. 

iints.  and  sliall  not  be  collected  of  tlie  city  unless  the  other  defendants  are 
so  insolvent  that  the  same  can  not  l)e  made  out  of  them,  and  in  tliat  case 
the  citv  shall  |iay  only  so  much  of  the  judgment  as  can  not  he  made  out  of 

the  (itlici-  defendants. 

Section  void:  This  section  of  the  charter  was  held  to  be  void  as  inconsistent 
with  the  state  law  in  Badgeley  vs.  St.  Louis.  149  Mo.  122.  In  lieu  of  it  a  statute 
was  enacted  authorizing  the  city  to  compel  a  plaintiff  to  bring  in  as  co-defendant 
with  the  city  one  who  is  liable  with  the  city  on  account  of  the  same  cause  of 
action:  Laws  1901.  p.  7S  (set  out  herein  in  "Laws  Specially  Applicable  to  St. 
Louis."  as  sec.  227).  cited  in  Baker  vs.  St.  Louis.  189  Mo.  375. 

I, lability  of  oity  iu  dainnee  MiiitM  for  defective  streets  and  sewers,  see  note  to 
clause  2  of  section  26  of  Art.  Ill  of  the  Charter.  As  to  suits  jointly  against  city 
and  other  parties,  see  (witli  other  cases  in  that  note  cited)  also  Perrigo  vs.  St. 
Louis.  185  Mo.  274;  Gerst  vs.  St.  Louis,  185  Mo.  191;  Hesselbach  vs.  St.  Louis,  179 
Mo.  505;  Reedy  vs.  St.  Louis,  161  Mo.  523:  Loth  vs.  Columbia  Theatre,  94  So.  West. 
847  (Sup.  Ct..  May  22.  1906):  Franke  vs.  St.  Louis,  110  Mo.  516;  Carvin  vs.  St. 
Louis.  151  Mo.  334;  Grogan  vs.  Co.  87  Mo.  321;  Donoho  vs.  Vulcan  Iron  Works, 
75  Mo.  401;  Schweickardt  vs.  St.  Louis.  2  Mo.  App.  571;  Waltemeyer  vs.  K.  C.  71 
Mo.    App.    354;    Rice    vs.    St.    Louis,    le.^i   Mo.    636. 

See.  10.  Kegulatioii  of  public  processions The  Muuicipal  As- 
sembly shall  jirovide  by  ordinance  for  the  regulation  of  juiblic  processions 
so  as  to  prevent  interference  with  public  traffic,  and  to  jiromote  the  good 
order  of  the  city. 

OriliniiDfeN  an  to  proeeasious  and  parades:  Rev.  Code.  sec.  1540;  processions  of 
carriages  prohibittr-d    in   parks.      /^.  sec.   2018. 

Sec.  11.  Penalty  forvotinfj  in  favor  of  orallowinf;-  nnanthor- 
izedelainis—penalty  fortlie  niisapplieation  of  public  funtls.— Any 

member  or  otiicpr  of  either  house  of  the  Assembly,  and  any  officer  of  the  city, 
and  any  nieiiiber  or  officei-  of  any  board  organized  under  or  in  connection  wiih 
the  city  government  pursuant  to  any  law  of  this  State,  who  shall  in  his  offi- 
cial cajiacity.  or  under  color  of  his  office,  knowingly  or  willfully,  or  cor- 
ruptly vote  for,  assent  to.  or  rep(ut  in  favor  of.  or  allow  or  certify  for  al- 
lowance, any  claim  or  demand  against  the  city  or  any  department  thereof, 
or  against  any  such  board  as  above  mentioned,  which  claim  or  demand  shall 
be  on  account  or  under  color-of  any  contract  or  agreement  not  authorized 
by  or  in  pursuance  of  the  provisions  of  this  Charter,  or  any  claim  or  demand 
against  the  city  or  any  department  thereof,  or  any  such  board  as  afore- 
said, which  claim  or  demand,  or  any  part  thereof,  shall  be  for  work  not  in 
fact  performed  for  and  by  authority  of  said  city  or  such  boai'd.  or  for  suj)- 
](lies  for  materials  not  actu;t!ly  furnished  thereto,  jmrsuant  to  law  or  ordi- 
nance, and  every  such  member  or  officer  as  aforesaid,  who  shall  knowingly 
vote  for,  assent  to,  assist  or  otherwise  permit  or  aid  in  the  disbursement  or 
disposition  of  any  money  or  property  belonging  to  the  city  or  any  depart- 
ment thereof,  or  held  by  or  in  charge  of  any  such  board  as  aforesaid,  to  any 
otlier  than  the  specific  use  or  purpose  for  which  such  money  or  ]iro])erty  shall 
be,  or  shall  have  been  recei\ed  or  a]ii>ro]>iiated,  or  collected  or  authorized 
by  law  to  be  collected,  shall,  upon  conviction  thereof,  be  punished  by  im- 
prisonment in  the  city  jail  for  not  more  than  one  year,  or  by  fine  of  not 
less  than  two  thousand,  nor  more  than  ten  thousand  dollars,  or  by  both 
such  fine  and  imprisonment,  or  by  iin])risonment  in  the  city  jail  lor  not 
less  than  six  months,  and  by  fine  of  not  less  than  five  liundred.  nor  more 
than  five  tliousand  dollars. 

See  references  in  note  to  Art.  IV.  sec.  10  and  Art.  XVI.  sec.  7.  as  to  prohibitions 
and  penalties  for  unauthorized  contracts,  etc.  For  liability  of  officers  see  note 
to  sec.   43  of  Art.   IV. 


ART.  XVI.  S.H-.  12-17.1         CHARTKR  OF  THIC  CITY  OK  ST.   I.Ol'IS.  469 

Sec.  1-'.    I*<'nal(.>  tor  \  iolaCum  or|»r<»\  isi»»iis<>t  Cliailcr.-  Aii\  pi  r- 

sdil  «liii  sluill  \  iolale  ;lii.\  ol  I  lie  |ini\  i.sioiis  ol'  lliis  ( 'li;iilcr.  Inr  ilic  viohltiou  (if 
wliiih  111)  piiiiisliiiiiMit  liiis  bt'cii  provitlfd  llicrciii.  sliall  lu'  ^Miilly  ol'  :i  mis- 
(it'iiicanoi-.  and  sliall  lie  imiiislicd  liy  liiu'  not  exredint;  live  liiindrcil  dollars, 
or  liy  pmiisliniciil   i  iiiiiUMsoiiniciiI  i   in  llic  loniit y  jail  iiol  exceeding; diic  year. 

St'c.  i;i.  Oalli  <>r  «>iVi<'('.  —  Ivtcli  incMiihci- of  the  A.s.scnibly  and  otlii'cr  of 
the  city,  or  ol  ;ui\  lioard  I  liciciiniicr,  shall.  Iicfoi-c  cnlcrinj;  upon  llic  dniics 
of  his  office,  take  and  snlisci-ihc  an  oaih  oi-  aflirnialion  iliai  lir  will  siippoi't 
the  < 'onstilnlion  of  the  I'niled  Siaics  ami  of  lliis  Siaic.  and  iliai  In'  is  nol 
sulijcii  lo  aM\  111'  ihc  dis(|naliticai  ions  cnunicia  led  in  lliis  ('liaiicr.  and  ilial 
he  will  dfiiican   himself  faillifnllv    in  ol'licc. 

Oiiili:  Sfi-  oalli  i-lsewli.K  1.  .iiur.il  in  fluuti-r:  Art.  IV.  soc.  4S.  See  note  thereto 
referring   to   ordinance   and   authority. 

Sec.  U.    I{«'<'<>r<ls  ol"  lioard  of  IN»li<'<>  Coniinissiouer.s  to  hv  opt'ii 

to  iiisp(><'(i«>ii The  journal  and  liooksid'  tin-  Hoard  of  Police  Coinniission- 

eis.  reipiired  li,\  law  to  i)e  ke|)l  liy  them,  and  all  docnmenis  relating'  to  their 
oftiee.  shall  always  he  open  to  the  inspeclion  of  the  ( 'omplrollei-  and  .Miiniei- 
pal  .Vssemlily  of  the  ("ity  of  St.  Louis,  and  (d'  any  committee  appoinled  liy  it 
for  thai  purpose. 

See.  1,').  (it  >  Counselor  and  .Mtoriicy  to  i'liriiish  U'<;:al  advirc 
(o  I*oli«'«'('oiuiuissioiH'rs.— The  L'ity  Counselor  and  Attorney  sliall  furnish 
llie  lioard  ol  I'ciJKt  I 'oiiimissioners  with  the  Ici^al  advice  and  services  desired 
l>y  them,  and  ihe  said  Hoard  shall  nol  eiiiplo\  .iiiy  oilier  al  llie  city's 
expeii.se. 

Sec.  l(j.     Expenses  of  Toliee  Forc<'  (<»l»«'  paid  out  of  city  treas- 

II  r\  .—All  claims  apiinst  the  Hoard  of  I  'nlici-  ( 'ommissioners.  im-ludin^salarii's. 
shall  he  jiaid  out  of  the  ciiy  treasury  in  the  same  manner  as  oiher  claims 
ajiainsi  the  city  are  jiaid;  and  said  ilainis  shall  he  ci'riitieil  to  liy  Ihe  Presi- 
dent and  Secretary  of  said  Hoai'd.  and  audited  as  provided  in  this  Charter 
for  claims  a<;ainst  the  city;  and  all  acts  or  jiarts  of  acts  inconsistent  with 
or  ill  contlict  with  this  section  are  hereliy  repeale<l. 

.'•nlnrlrM  iinil  i-xiirnMCH  of  polli-e:  As  to  the  payment  of  tlie  police  under  the  pres- 
ent Metropolitan  Tollce  L;iw.  see  State  e.\  rel.  vs.  Mason,  153  Mo.  23;  also  State 
ex  rel.  vs.  St.  Louis,  174  Mo.  125,  I.  c.  131,  and  State  ex  ret.  vs.  Smith.  S9  Mo.  40S. 
See  full  discussion  and  notes  to  that  act.  State  Laws  "Specially  Applicable  to 
St.  I.,ouls."  ante.  Chap.  24,  sees.  427-4,i9;  see  also  Chart.  Ill,  sec.  2G,  clause  2. 
and   end   of   note   thereto. 

See.  IT  .\ss«'nilil>  to  fix  salaries  of  olli<'ers  — increase  of  sal- 
ary forliidden  during:  term.— ThtMuni<Mi>alAsseiiildy  shall  ti.\  thesalarics 
of  all  elei  ii\c  or  appoiiiti\e  ofliccrs  of  the  city  and  their  assistants  or  depu- 
ties, and  also  of  all  clerks  that  may  be  employed  by  the  city  in  any  of  its 
oftices  or  deiiartnieiits.  and  may  increase  or  diminish  the  same  by  ordinance, 
except  in  cases  where  othi'rwi.se  provided  in  this  ('harter:  /'roriilcil .  that 
no  such  increase  shall  lie  made  duriii;j  the  term  for  \\lii(  h  any  such  officer 
or  assistant  or  clerk  may  In-  ele<ted  or  appointed. 

Snlnrlra:  Limitation  on  salaries:  See  next  section.  By  Charter  Art.  Ill,  sec.  26, 
clause  S.  It  l.s  provided  that  the  salary  of  no  olTlcer  shall  he  changed  during 
his  term,  and  that  no  officer  receiving  a  salary*  shall  receive  any  fees  or  other 
compensation:      See   note    to    that    provision. 

The  constitution  (Art.  XIV.  sec.  S)  provides  that  "thecompensatlon  or  fees  of  no 
state,  county   or  municipal   officer  shall    l)e   Increased   during   his   term   of  office." 


INDEX  TO  CHARTER. 


ll 


INDEX   TO   CHARTER. 


463 


Index  to  Oniinaiices  at  end  of  Rev.  Code. 

Index  to  Sthcme.  pp.  279-2S(>. 

Index  to  state  Laws  for  St.  Louis,  pp.  225-25G. 


INDEX  TO  CHARTER. 


A 


ABSTRACTS —  I'.vcK. 

of  corrected  assessments  to  be  sent  to  mayor,  when :>75 

copy  to  be  forwarded  to  state  auditor 375 

of  proceedings  of  assembly,  to  be  printed 451 

ACCOUNTS— 
See  Auditor. 

of  city  to  be  kept  by  double  ent  ry 354 

auditor  to  examine,  adjust  and  audit 354 

must  be  certified  to  by  iiroper  officer  before  auditing 371 

auditor   and    comptroller   may    allow 371 

In  case  of  their  disagreement,  either  oneandmayormay allow  371 

all  audited  accounts  to  be  registered  in  comptroller's  office  371 

to  be  tiled  and  preserved  in  auditor's  office 371 

.\CTIONS— 

See  Special  Taj-  Hills;  Taxes. 

city  may  bring  and  defend    294 

city  counselor  to  prosecute  and  defend 358 

for  violation  of  city  contracts   364 

for   false    return    by    marshal    414 

causes  of.  to  be  unaffected  by  the  Charter,  when 4.")3 

against    city    for    damages     457 

co-defendants    to   be    brought    in 457 

[.\NNOT.\TIOXS.] 

injunctions — See   Injunctions. 
mandamus — See  Maitdamus. 

against  city   for     damages,     and     liability     of     city — See 
Damatjes. 

by  private  persons  based  on  violation  of  ordinances 320 

by  city  paying  damages,  to  recover  from  primary  wrongdoer       32G 
on  special  tax-bills — See  Special  Taj-liills. 

against  city  by  contractor,  where  city  prevents  work 420 

on  bond  of  contractor  for  public  work 424 

on  contractors'  bonds  by  material  men  and  laborers 455 

ADVERSE  POSSESSION— 

[.VNNOT.VTIONS.] 

title  to  public  or  city  property  cannot  be  lost  by 384 

but  may  be  acquired  by  city  by 384 

ADVERTISING— 

See  Board  of  Public  Improvements:  Contracts:  Public  Print- 
ing: Public  Work. 

AFFIRMATION — 
See  Oath. 

AGENTS— 

power  to  license  and  tax  real  estate  (clause  5) 330 

financial   ( clause  5  ) 330 

power  to  tax.  license  and  regulate  (clause  5) 330 

Insurance  (clause  5) 330 

mercantile    (clause  5) 330 

[.VNXOTATIOXS.] 

power  in  charter  to  requite  owners  to  move  buildings  con- 
fers no  power  over 338 


AUT. 

.srr. 

V 

26 

V 

26 

XV 

2 

IV 

21 

IV 

21 

\' 

13 

V 

13 

V 

13 

V 

13 

V 

13 

I 

1 

IV 

32 

IV 

46 

VI 

25 

XVI 

0 

XVI 

9 

XVI 

9 

26 

26 

26 

S6 

26 

4(54 


INDEX  TO  CHARTER. 


Index  to  Ordinances  at  end  of  Rev.  Code. 

Index  to  Scheme,  pp.  279-2S6. 

index  to  .S7o?e  LaH-i- for  St.  Louis,  pp.  225-256. 


AIR  FLUES—  PAGE, 

may  order  and  re.gulate  Iniilding  of  (clanse  12) 337 

ALE — 

ma.v  regulate  the  inspection  of  (clause  7) 333 

ALLEYS— 

opening,  widening,  and  altering  same 385 

condemnation   of   private   property    for 385 

City  Counselor  to  conduct  proceedings 385 

damages,  liow  assessed 385 

benefits  to   be   paid,   by   whom 389 

ordinance  for  improvement  of 395 

action  of  Board  of  Public  Improvements  on  alley  ini))rove- 

meuts   395 

special  taxation  for  improvement  of 395 

must    be    established    and    dedicated    before    improvements 

are  ordered   401 

repairing,  cleaning,  etc f  'f^ , 

t  404 

apportionment  of  cost  of  improvements 404 

[axxotatio.xs.] 
and  streets — See  Streets.  AUei/s.  etc. 

what  are  382 

distinction  between  alleys  and  streets 382 

nature  of  proceedings  to  open,  widen,  etc 381 

elevations  of   381 

damages  in  proceedings  to  open,  etc 390 

special  taxation  for  improvement 405 

AMENDMENTS  OF  BILLS— 

changing  original  purpose  forbidden 310 

to  lie  incorporated  by  en.grossment 311 

form  of  312 

AMENDMENTS   OF  CHARTER— 

to  be  submitted  separately  to  the  people 4f>l 

[,\.\NOT.\TIONS.]  _' 

how  may  be  effected 461 

by   inconsistent   statutes 461 

AMUSEMENTS— 

power  to  tax,  license,  regulate  or  suppress   (clause  5) 330 

power     to     restrain     or     prevent     dangerous     amusements 

(clause  5)    33(1 

ANIMALS— 

may  prevent  driving  through  city  (clause  G) 332 

l)0wer  to  prohibit  the  running  at  large  of  (clause  9) 335 

APPEALS— 

respecting  assessment   of  property 374 

in  judicial  proceedings  by  city 453 

mayor  to  execute  bond  for  city 454 

city  not  required  to  furnish  security 454 

[.\.N.N<>1.\1'10NS.] 

from  assessments  of  pro])erty,  decisions 374 

from  condemnation  proceedings 393 

in  suits  to  which  city  is  a  party,  .go  to  Suijrenie  Court.  .  .  .  454 


.\r:T.     SEC. 
Ill         26 


III 


XVI 


26 


VI 

2 

YI 

9 

VI 

2 

VI 

'> 

VI 

,') 

VI 

14 

VI 

14 

VI 

14 

VI 

15 

VI 

17 

VI 

IS 

VI 

IS 

III 

13 

III 

1.1 

III 

19 

19 


III 

26 

III 

26 

III 

26 

III 

26 

V 

24 

XVI 

6 

XVI 

6 

XVI 

6 

INDEX  TO  CHARTER. 


4G5 


Index  to  Ordinances  at  end  of  Rev.  Code 

Index  to  Scheme,  pp.  279-2SG. 

Index  to  State  Latvs  (or  St.  l^o\\\s.  p]>.  2-i',-2r>6, 


APPOINTMENTS— 

See  Mayor;  O/ficrs  and  Officers. 

of  officers,  assembly  may  provide  for  (clause  8). 


OkHCKIIS  AITOIXTEU  UY  MaYOK  UNUEK  CHAHTKR   PltOVISlO.NS- 


City  Counselor 

Superintendent  House  of  Refuge 

Superintendent  Work  House 

Commissioner  of  Supplies 

Assessor  and  Collector  of  Water  Rates 

Superintendent  of  Fire  and  Police  Telegraph. 
Jailer    


(2)    Police   Justices 

City  Attorney   

(5)  Commissioners  on  Charitable  Institutions. 

( 10)   District  Assessors  

Street  Commissioner    


Sewer  Commissioner 

Water  Commissioner    

Harbor  and  Wharf  Commissioner 

Park  Commissioner    

Gas  Commissioner,  when.  .  . 


May  fill   vacancies,   when 


Chief  of  Fire  Department 

Health  Commissioner 

(2)  Members  of  Hoard  of  Health... 
Superintendent  of  City  Hospital... 
Superintendent  of  Female  Hospital. 
Superintendent  of  Insane  Asylum.. 
Superintendent  of  Quarantine 


r.\(iE. 

AHT. 

SFC. 

SSI 

Ill 

2G 

345 

IV 

2 

34.-) 

IV 

2 

345 

IV 

*> 

345 

IV 

o 

345 

IV 

•1 

345 

IV 

o 

345 

IV 

•> 

345 

IV 

•) 

345 

IV 

o 

345 

IV 

') 

345 

IV 

•> 

371 

\- 

15 

345 

IV 

3 

345 

rv 

3 

345 

IV 

•> 

427 

VII 

1 

345 

IV 

3 

L433 

IX 

2 

345 

IV 

3 

1430 

VIII 

1 

345 

IV 

4 

r34(i 

IV 

5 

34S 

IV 

>; 

3G5 

IV 

49 

441 

XI 

1 

443 

XII 

1 

443 

XH 

9 

444 

XII 

5 

444 

XII 

5 

444 

XII 

5 

441 

XII 

5 

[For  ExfMERATio.N  OF  Okkiceks  Ai'i'Oi.NTKi)  iiv  Mayor  U.nder 
Provi.><io.\-s  ok  Oriu.naxces — See  Index  to  Revised  Code 
under  "Wfayor."] 

[For  Okficers  Ai-poixted  uy  Mayob  Uxueb  Statutes — See 
Index  to  State  Laws  for  St.  IjOuis.  under  "Mayor."} 


[axxotations.] 
not  void,  ordinance  requiring  gualiflcations  greater  than 
authorized    

nualifications  for  J 

APPROPRIATIONS— 

powers  of  assembly  to  make  (clause  1 ) 

out  of  bond  proceeds 

for  charitable  purposes  forbidden  

to  be  In  conformity  with  constitution 

limitations   of  appropriations 

payments  on.  not  to  exceed  unexpended  balance 

ordinances  involving  expenditures  to  be  indorsed  by  comp- 
troller     

of  money,  can  only  be  by  ordinance 

to  pay  daniai;es  in  condemnation  proceedings 

for  |)ublic  sewers 

for  public  work   

for  improvement  and  maintenance  of  parks 

annual,  for  payment  of  bonds  and  interest 


348 

34.S 

• 

34!i 

320 

III 

2i; 

321 

III 

2fi 

343 

III 

33 

370 

V 

9 

370 

V 

10 

370 

V 

11 

370 

Y 

12 

371 

V 

14 

393 

VI 

10 

408 

VI 

20 

423 

VI 

2S 

431 

VIII 

3 

450 

XIV 

'1 

466 


INDEX  TO  CHARTER. 


■  Index  to  Ordinances  at  end  of  Rev.  Code. 
Index  to  Scheme,  pp.  279-286. 
Index  to  Sfa^e />aiis  for  St.  Louis,  pp.  225-256. 

[.\>NOTATIO.NS.] 

for  public  work  must  be  specific,  etc.,  applies  to  what, 
contracts  in  excess  of 


PAGE. 

425 
f  4.54 
;  455 
;  425 
^426 

ARCHITECTS— 

[A.VNOT.VriO.NS.] 

power  to  license 331 

AREA  RULE— 

f395 
I  404 

in  special  taxation,  when \  407 

I  410 

[.ANNOTATIONS.  J 

validity  of,  upheld |  ^| 

ARTISTS— 

power  to  tax.  license  and  regulate  (clause  5) 330 

ASHES— 

power  to  direct  the  safe  deposit  of  (clause  12) 337 

ASSEMBLY— 

See  Council:  House  of  Delegates :  Municipal  Assembly. 

ASSEMBLAGE— 

disorderly,  may  be  restrained  and  prevented   (clause  9)....         335 

ASSESSMENT  OF  PROPERTY— 

See  Board  of  Assessors;  Board  of  Equalizatiou ;  President  of 

Board  of  Assessors. 
powers  as  to  for  state  purposes  same  as  St.  Louis  County 

Court   (clause  13) 338 

to  be  in  accordance  with  general  state  laws 371 

to  be  made  by  board  of  assessors 371 

municipal  assembly  to  establish  assessment  districts 371 

public  notice  to  be  given  of  completion  of  same 373 

duty  of  recorder  of  deeds  in  reference  to  conveyances 373 

changes  in  ownership  of  real  estate  to  be  noetd  on  assess- 
ment plats 373 

expenses  of  assessment,  how  paid 373 

correction  of,  by  board  of  equalization 374 

assessment  books  when  corrected  to  be  copied 375 

abstract  of  same  to  be  made 375 

copy  of  abstract  to  be  sent  to  mayor,  when 375 

copy  of  abstract  to  be  sent  to  state  auditor 375 

state,  school  and  city  tax-bills,  how  prepared 375 

tax-bills   and    assessment    books   to   be   delivered    to   comp- 
troller      375 

comptroller  to  stamp  bills  and  deliver  to  collector 375 

form  of  receipt  to  be  taken  from  collector  375 

receipt  for  state  taxes  to  be  sent  to  state  auditor 375 

ordinance  fixing  percentage  of  taxes  required  annually....  375 

comptroller  may  correct  manifest  errors  in 375 

of  school  taxes,  how  made   449 

[annot.\tions.] 

effect  of  assessment   373 

assessment  return  cannot  be  raised  without  notice 373 

appeal  from  374 

valid,  essential  to  special  tax  bill 418 

ASSESSMENTS   FOR  LOCAL   IMPROVEMENTS— 
See  Special  Taxation;   Special  Tax  Bills. 


ABT,       SEC. 


VI 

14 

VI 

18 

VI 

20 

VI 

21 

VI 

oo 

III 
III 


III 


26 
26 


III 

26 

V 

15 

V 

15 

V 

15 

V 

20 

V 

21 

V 

21 

V 

23 

V 

24 

V 

26 

V 

26 

V 

26 

V 

26 

V 

2G 

V 

26 

V 

2fi 

V 

26 

V 

26 

V 

27 

V 

28 

XIII 

2 

IV 

2 

VII 

7 

IV 

it 

IV 

2 

IV 

o 

IV 

17 

VI 1 

fi 

VII 

7 

VII 

( 

VII 

g 

VII 

s 

VII 

!» 

VII 

9 

VII 

10 

VII 

10 

INDEX  TO  CHARTER.  467 

{Index  to  Ordinances  at  end  of  Rev.  Code. 
Index   to  Sthemr.  pp.  279-28G. 
Index  to  .s7a/p /.nic.s- for  St.  Louis,  pp.  22.''i-256. 

ASSESSOR  AND  COLLECTOR  OK  WATKR   RATES — 

shall  be  appointed  by  mayor ^  j.,jj 

approved    by    council    348 

term  of  oftU-e.  four  years 345 

first  appointment  to  be  for  two  years 345 

shall    make   annual    reports   to    mayor 3G4 

shall   notify   iiroprietors  of  buildings,  when 42S 

his  clerks  and  assistants 429 

shall  collect  all  revenues  due  for  water 429 

shall  receive  a  fixed  salarv  not  to  exceed  $3,000  per  annum.  .  429 

shall  give  bond  of  $100.000 429 

shall  deposit  collections  daily 429 

shall    furnish   comptroller   with    monthly   statement   of  col- 
lections     429 

Issue  of  water  licenses 429 

monthly  statement  of 429 

[anxotations.] 

salary,  term  of  office,  holdiiiK  over,  bond 429 

ASSESSORS— 

See  Assessment  of  Property;    Board  of  Assessors ;    Uistrict 
Assessors. 

ASSESSING   DISTRICTS— 
See  Bene/it  Distriets. 

ASSIGNMENT— 

special  tax-bills  may  be  assigned,  formality  required 420             VI         26 

payment  of  special  tax-bills  420            VI        26 

[a.nnotations.] 

of  special  tax  bills 420 

of  contracts  or  wages  in  city  contracts 457 

(4t;o 

nf  salary  -^467 

(458 

ASSISTANTS— 

removal  of   351              l\"          14 

to  officer,  shall  take  oath 361             IV         43 

[annotations.] 

to  officers,   who  are 351 

to  Street  Commissioner,  vote  by 359 

ATTACHMENT— 

against  non-resident  authorized  in  suit  on  special  tax-bill..  414             VI         25 

ATTORNEY— 

.See  City  Attorney:  City  Counselor. 

AIDITOR— 

to   deduct    forfeitures   from    pay   of   members   of   assembly. 

when    311 

to  be  elected  for  four  years 344 

to  be  general  accountant  of  city 354 

to  keep  in  office  books,   vouchers,  etc.,   relating  to  public 

accounts   354 

to  adopt  double  entry  book-keeping 354 

to  examine.  a<ljust  and  audit  all  unsettled  accounts  and  de- 
mands against  city   354 

to  draw  warrants  on  treasurer  in  payment  thereof 354 

power  to  administer  oaths 354 

may  require  accounts  to  be  verified  by  affidavit 354 

to  give  bond  in  not  less  than  $100.000 354 

to  audit  bills  when  presented  In  proper  form 354 


III 

14 

IV 

IV 

'-' 

IV 

L'l 

IV 

ni 

IV 

21 

IV 

21 

IV 

21 

IV 

21 

IV 

21 

IV 

21 

468  INDEX  TO  CHARTER. 

{Index  to  Ordinnnces  at  end  of  Rev.  Code. 
Index  to  Scheme,  pp.  279-2SG. 
Index  to  S<a/e  Laws  for  St.  Louis.  i)p.  225-256. 

AUDITOR — Continued.  vm.v.. 

shall  be  responsible  for  all  acts  of  employes 354 

report  of 3G4 

no  warrant  to  be  issued  in  excess  of  credits 370 

no  claim  to  be  paid  without  approval  of 370 

settlements  of  officers  to  be  certified 370 

to  allow  accounts  with  ai)proval  of  mayor,  when 371 

duty  of  county  auditor  in  reference  to  O'Fallon  Park  bonds.  432 

AUCTIONEERS— 

power  to  license,  tax  and  regulate  (clause  5> 329 

AVOCATIONS— 

power  to  license,  tax  and  regulate  all  kinds  of  (clause  5) . . .  .         330 

B 

BANKS — 

to  be  selected  annually  for  current  deposits 355 

BANKS  AND  BANKERS— 

power  to  license,  tax  and  regulate  same  (clause  5) 330 

BAWDY  HOUSES— 

power  to  su])press  ( clause  r>) 330 

BEEF— 

may  regulate  inspection  ( clause  7 ) 333 

BEER— 

may  regulate  inspection  of  (clause  7J - 333 

BEER  HOUSES— 

power  to  licen.se.  tax  and  regulate  same  (clause  5) 330 

BENEFITS— 

how  assessed  in  cases  of  jjublic  improvements 388 

by  whom  paid  in  case  of  opening  alleys 389 

to  be  a  lien  against  i)roperty 389 

in  condemnation  proceedings,  set  off  against  damages 393 

[.\N.\(ir.\TU).NS,] 

special  taxation  for,  distinguished  from  condemnation...  1,'oq 

in  street  opening  cases i  „1„ 

in  change  of  grade 406 

BENEFIT   DISTRICTS— 

in  street  and  alley  openings 3SS 

for  special  taxation,  how  established 395 

[.\NM>T.\T1(INS.] 

notice  to  parties  within '  «gQ 

who  included  in  390 

in  special  taxation  comprises  what 398 

BENZINE- 

may  regulate  inspection  of  ( clause  7) 333 

BEQUESTS— 

city  may  receive,  etc 294 

administration  of  Mullauphy  bequest 453 

BIDS— 

See  Board  of  Public  Improicmcnts:  Contracts:  Public  Print- 
inn:   Public  Work. 

for  sui)plies.  how  awarded 357 

having  alterations  or  erasures  ui)on  them  to  be  rejected 358 

for  i)ublic  work 421 

for  public  printing   451 


Aitr. 

SKC. 

IV 

21 

IV 

47 

\- 

11 

\- 

12 

V 

S 

V 

13 

'III 

5 

III 

26 

III 

26 

IV 

2- 

III 

26 

III 

26 

III 

L": 

III 

26 

III 

26 

VI 

5 

VI 

5 

VI 

"i 

VI 

11 

VI  5 

VI  14 


III 

I 
XVI 


IV 

29 

IV 

29 

VI 

27 

VCV 

1 

INDEX  TO  CHARTKU.  4«9 

{Index  to  Ordiiiaiiiex  at  end  of  Rev.  Code. 
Iiulex  to  Scheme,  pp.  27'J-28«. 
Index  to  N<a<e  taios  for  St.  Louis,  pp.  225-2.'.C. 

[  A.N  .NOTATIONS.]  VM.K.  AllT.       SKP. 

Ifiiinf;  out  public  work  on  lowest 422 

HII.MARI)  T.VBI.ES— 

power  to  license,  tax  and  repulate  (clause  5).    330  III         2C 

HILLS— 

See  Ordinances;    Committee. 

UIKTHS— 

power  to  enforce  registration  of  (clause  5) 330  III         215 

health  commissioner  to  provide  for  resislration  of 4-14  XII  4 

HL.WKS — 

unused  to  be  returned 370  V  8 


one  assessor  for  each  district  to  be  ai)pointe(rby  mayor... 


BLOCKS— 

subdivision  of.  to  conform  to  general  plan 379  VI  1 

liO.MJDINC.  HOrSES— 

power  to  license,  tax  and  regulate  same  (clausp  5) 329  III         2G 

HOARn  OF  ASSESSORS— 

Scf   A.i.srssmciit   of  Property. 

term  four  years 345 

approved  by  council   34S 

(  34". 
"I  371 

how  board  constituted  371 

[(resident  of.  to  be  elected 371 

official  bonds  of  assessors 371 

duty  of  district  assessors 371 

when  they  shall  commence  assessment 372 

reports  to  be  verified  by  affidavit 372 

riualiflcations  of  assessors 372 

duty  of  president  of  board  of  assessors 372 

assessment  books,  how  made  up • 373 

cost  of  assessment,  how  paid   373 

is  president  of  board  of  equalization 374 

BOARD  OF  EDCCATION- 

Sec  Pufilic  Schools. 

BOARD  OF   EQIALIZATION— 
.*>■(■'•  .\s.ie.ssmrHt  ot  Property. 

how    const  it  uted    

how  appointed    

dui  ies  of  board    

annual   meeting  of   

session  not  to  exceed  four  weeks 

to  determine  all  a|)peals  in  summary  manner 

shall  notify  owners  of  increase  of  assessments 

nuijority  to  constitute  quorum 

ioni|>ensatlon  of  members  of  board   

may  compel  attendance  of  witnesses 

oath  of  members  of  board 

re<"ord  of  proceedings 


rANMlTATION.X.] 

appeals  to.  necessary  to  correct  assessment. 

nature  of  proceedings  and  jurisdiction 

review  of  actions  of.  by  certiorari 


BOARD  OF  HEALTH— 

Src  Health   Dciiartment. 

may  declare  use  of  water  from  water-works  necessary,  when 

how  constituted   

health  commissioner  to  be  a  nieml)er  of 


IV 

1 

IV 

;i 

IV 

9 

\- 

ir. 

\- 

l.T 

V 

l.T 

V 

Ifi 

V 

16 

V 

16 

V 

16 

V 

17 

V 

18 

V 

19 

V 

23 

V 

24 

374 

V 

24 

374 

\- 

24 

374 

V 

24 

374 

V 

24 

374 

V 

24 

374 

V 

24 

374 

V 

24 

374 

V 

24 

374 

V 

24 

374 

V 

24 

374 

V 

24 

374 

V 

2.5 

374 

374 

374 

428 

VII 

6 

443 

XII 

•> 

it:; 

XII 

O 

470 


INDEX  TO  CHARTER. 


Index  to  OiOinances  at  end  of  Rev.  Code. 

index  to  tivlieme.  pp.  279-2S(). 

Index  to  titalc  Laics  for  St.  Louis,  pj).  225-256. 


commissioner  to  preside  in  absence  of  mayor 

board  to  meet  twice  a  week 

special  meeting  may  be  convened,  when 

three  members  of  board  constitute  a  quorum 

to  approve  employes  of  department 

to  approve  rules  and  regulations  of  health  department 

appointment  of  employes 

superintendents   of   hospitals.  ai)pointed   by   mayor  and   ap- 
proved by  board  of  health 

abatement   of   nuisances 

record   of   proceedings 

clerk  of  board 

[.\N.\(n.\TI()XS.] 

members  of  not  state  officers 

functions  of  

abatement  of  nuisances  by 

BOARD  OF  POLICE  COMMISSIONERS — 
.See  Police. 

books,  etc.,  of,  to  be  open  to  inspection 

city  counselor  and  attorney  to  furnish  legal  advice  to., 
board  forbidden  to  employ  other  counsel  at  city's  expense 

expenses  of  police  force  to  be  paid  out  of  treasury 

claims,   how  audited 

[.WNOTATIONS.] 

are  state  not  city  officers 

salaries,  how  paid,  etc 


PAtiK. 

ART. 

si:c. 

443 

XII 

o 

443 

XII 

O 

443 

XII 

9 

443 

XII 

2 

444 

XII 

3 

444 

XII 

O 

444 

XII 

n 

444 

XII 

5 

445 

XII 

6 

447 

XII 

14 

447 

XII 

14 

443 

443 

445 

459 

XVI 

14 

459 

XVI 

15 

459 

XVI 

15 

459 

XVI 

IB 

459 

XVI 

IG 

3G2 

459 

BOARD  OF  PUBLIC  IMPROVEMENTS— 

Nee  street.  Seicer.  Water.  Harbor  and  Wliarf  and  Park  Com- 
missioners:  President  of  Board  of  Public  Improve- 
ments:   Public  Works. 

to  be  composed  of  five  commissioners  and  president 

commissioners  to  be  appointed  by  mayor 

approved   by   council 

to  meet  once  each  week 

shall  furnish  information  to  mayor  and  municipal  assem- 
bly as  to   public   work 

majority  of  board  necessary  for  quorum 

final  action  on  matters  belonging  to  special  departments. 

commissioners  to  be  heads  of  departments 

president  of,  to  preside  at  meetings 

president  to  have  charge  of  certain  improvements 

president  to  have  supervision  over  departments  of  other 
commissioners    

president  shall  authenticate  all  special  tax-bills 

ordinances  for  improvement  of  streets,  etc.,  to  originate       / 
with  president \ 

additional   duties    

assistants  and  employes 

president  and  chief  of  every  department  to  report  annu- 
ally to  mayor 

books,  papers,  etc..  of  their  offices  to  be  open  for  inspec- 
tion, when    

report   of  board 

all  plats  of  subdivision  of  property  to  be  submitted  to.  .  . 

board  to  endorse  same,  if  in  accordance  with  law 

to  recommend  ordinances  for  establishment  of  boule- 
vards, when  

to  recommend  ordinances  for  street  oi)enings,  when  .... 

shall  i)rescribe  regulations  for  water  and  gas  pipe  connec- 
tions     

ordinances  for  improvement  to  be  sent  to  assembly  by.  . 


345 

IV 

o 

345 

IV 

3 

348 

IV 

9 

359 

IV 

no 

359 

IV 

33 

359 

IV 

33 

359 

IV 

33 

3.59 

IV 

34 

3G1 

IV 

41 

3GI 

IV 

41 

3G1 

IV 

41 

3G1 

IV 

41 

3(15  \ 

VI 

14 

403  J 

VI 

17 

3G1 

IV 

42 

361 

IV 

42 

;g4 


IV 


364 

IV 

3G5 

IV 

379 

TTT 

379 

3,S0 

3S5 

^'I 

394 

VI 

395 

VI 

47 

47 

48 

1 


13 
14 


INDEX  TO  CHAltTKU  ^71 


{ 


Index  to  Ordinanves  at  end  of  Rev.  Code. 

Index  to  Scheme,  pp.  279-280. 

Index  to  .S<a^e /yaics  for  St.  Louis,  pp.  22S-?5G. 


da.v   for  public  meeting  to  be  designated  to  consider  iin-  talk.  aist.  si:c. 

proveinents    395  vt  1  I 

notice.  conttMits  and  time  of  luiblication 395  VI  14 

remonstrance  against  improvement,  time  of  filing 395  \'i  \  i 

action  of   board   thereon 395  VI  i  i 

two-thirds  vote  will  overrule 395  VI  11 

reasons  to  be  sent  in  event  of  remonstrance 395  \'l  It 

majority   vote   of   board   sufficient   in   absence   of   remon- 
strance      395  \I  II 

guarantee  and  keep  in  repair 395  VI  11 

special  taxation  for  imjirovements 39a  \'I  1  I 

terms  "reconstruction"  and   "repaving" 390  VI  11 

partial   improvements  by  reconstruction  and   repaving...  390  VI  14 

contracts  for  improvement  of  sidewalks 390  \'l  14 

culverts  and  partial  grading  of  streets 390  VI  M 

special  taxation  for  improvement  of  alleys 390  VI  14 

"lot"  defined 397  \'I  14 

requisite  of  imjjrovement  ordinance 401  ^'1  15 

may  specify  term  of  years  for  which  work  shall  be  main- 
tained      401  VI  1,-, 

(401  VI  15 

estimate  of  cost  to  be  endorsed  on  ordinances ■!  421  VI  27 

( 4-2;i  VI  28 
streets,  etc.,  to  be  established   or  dedicated  prior  to  im- 
provement      401  VI  15 

shall  recommend  ordinances  for  repairing  and  cleaning  of 

streets  and  all  public  work 403  VI  17 

sewer,  public,  district,  joint  district  and  private,  defined.  407  VI  I'li 

district  sewers    410  \'l  21 

joint  district  sewers 411  \l  22 

.      .  I  40S  \'l  20 

private  sewers    ,  '  ,.,  .,., 

(412  »  1  -■» 

president  of,  to  make  out  all  special  tax-bills 4i:!  VI  24 

emergency  work  and  repairs  requiring  prompt  attention.  421  \'l  27 

shall  submit  to  assembly  estimates  of  cost  of  work 421  VI  27 

shall   advertise    for   bids 421  \'l  27 

shall  award  contract  to  lowest  responsible  bidder 421  \'l  27 

security  on  contractors'  bond 421  \'I  27 

may  suspend  work  on  contracts,  when 42*  VI  28 

special  provision  to  be  embraced  In  contract 423  VI  2S 

shall  examine  complaints  of  citizens  against  contractors.  423  VI  "" 

shall  examine  and  report  on  work 423  VI  28 

cost  of  examination  to  be  borne  by  contractor,  when.  ....  423  VI  28 

duties  respecting  street  sprinkling 420  VI  29 

ordinance  for  sale  or  lease  of  public  parks  to  be  recom- 
mended by 431  VI II  4 

president  of.  shall  ascertain  cost  of  abatement  of  nuisances  445  XII  G 

contracts  for  abatement  of  nuisances 440  XII  7 

[axxotations.] 

assistants  to  chief  voting  at 359 

record  of,  when  admissible  as  evidence 359 

effect  of  remonstrance  by  property  owners  against  street  .^.. 

improvements ■'  ,,., 

regularity  and  integrity  of  action  presumed 401 

specifying  material  for  street  paving /  '].., 

f404 

must  recommend  all  ordinances  (or  public  work \  421 

1422 

ordinance  for  what  sewer  work  to  originate  with 411 

letting  out  public  work  to  lowest  bidder 422 


•172 


INDEX  TO  CHARTER. 


(  Index  to  Ordinances  at  end  of  Rev.  Code. 

<  index  to  Scheme,  pp.  279-28G. 

(  Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

BOARD  OF  WATER  COMMISSIO.XERS — 
See  Water  Works. 
to  turn  over  property  to  water  commissioner. 

term  of,  to  cease,  when 

term  of  their  appointees  to  cease,  when 

BOATS — 

See  Wharf  Boat. 


BOILERS — 

See  Steam  Boilers. 

ma.v  remove  or  prevent  construction  of  (clause  12) 


BONDS— 

city    has    power    to    borrow    money 

( clause  1 )  

of  city,  may  be  issued  for  what  purposes 

vote  of  people  to  authorize  issue  of 

refunding  or  renewal  bonds 

how  payable,  etc 

power  conferred  cumulative 

approval   of    

of  comptroller 

of  auditor 

of  treasurer  


by    issue    and    sale    of 


of  collector 

of  municipal  officers 

of  officer,  when  not  given  within  prescribed  time 

suit  may  be  instituted  on  bonds,  when 

of  ijresident  of  board  of  assessors  and  district  assessors.... 

•  of  deputy  collectors 

of  contractors  for  public  work 

sureties  on  contractors'  bonds 

of  water  commissioner 

of  assessor  and  collector  of  water  rates 

of  water  works,  providing  fund  for  payment  of 

of  harbor  and  wharf  commissioner 

for  street  railroads  to  insure  compliance  with  law.  required. 

health  commissioner 

by  city  in  appeals  in  court  iiroceedings 


[.\NXOT.\TIO.\S.] 

for  free  bridge,  etc.,  sustained . , 

power  of  city  to  issue 

in  aid  of  World's  Fair 

comiielling  approval  by  mandamus 

compelling  payment  of  city  bonds  by  mandamus 

of  contractors  for  public  work 

power  of  city  to  protect  laborers  and  material-men  in  city 
contracts  bonds 

BONDED  INDEBTEDNESS — 
See  Indebtedness. 

BONE  FACTORY— 

not  to  be  opened  within  :iUU  feet  of  any  dwelling 

BOOKS— 

to  be  open  to  inspection 

BORROW  MONEY— 

city  may  ( claiise  1 ) 

note  for.  limited  to  12  mouths  (clause  1) 

BOCLEVARDS— 

how  established  and  maintained 

how  discontinued 

how  established  and  oppne<i 


427 

VII 

427 

VII 

427 

VII 

337 


455 


III 


20 


:'.2fl 

III 

2*i 

:!2d 

III 

2'' 

:;2l 

III 

2'i 

321 

111 

2*» 

:121 

111 

2*i 

322 

III 

2*i 

?,4fi 

IV 

4 

.3  ."So 

IV 

20 

354 

IV 

21 

355 

IV 

*>9 

f356 

IV 

24 

(376 

V 

30 

361 

IV 

43 

361 

IV 

43 

361 

IV 

43 

371 

V 

n; 

377 

\- 

33 

421 

VI 

''7 

421 

VI 

27 

427 

VII 

1 

429 

VII 

S 

430 

VII 

13 

433 

IX 

•> 

439 

X 

n 

443 

XII 

1 

453 

XVI 

C> 

322 

322 

322 

362 

367 

424 

343 

III 

34 

364 

IV 

47 

320 

III 

26 

320 

III 

26 

3S0 

VI 

1 

381 

VI 

1 

380 

ri 

1 

INDEX  TO  CHARTER.  47 


1 


Index  to  Ordinances  at  end  of  Rev.  Code. 

Index  to  Scheme,  pp.  279-286. 

Index  to  Klale  Laics  for  SI.  Louis,  pp.  22.")  250. 

[.\N.M)T.\11<1NS.]  PAfiK.            AUT.       SKC. 

ordinances  creating,  when  void 385 

repairs  of.  how  paid 404 

nOlNDAHIES— 

See  Cuipnrate  Boundaries ;   'Ward  Boundaries. 

of  City  of  St.  Louis 295                I           2 

lioundaries  of  wards 29G-303  I           " 

correction  of  ward,  every  five  years 303                I           4 

permanent  division  lines 303                I           4 

[annotations.] 

(  201 

power  of  State  to  change  city's ■  290 

(3t;s 

provisions  and  cases  concerning 290 

changeil,  ordinances  apply  to  new  territory 290 

BRANDY— 

may  regulate  inspection  of  (clause  7) 334            III         20 

RRKAP— 

may  regulate  weight  and  quality  of  (clauso  71        334            III         20 

URICK  KILN— 

not  to  be  located  within  300  feet  of  dwelling  except  by  con- 
sent      343             III          34 

lUUlHiES— 

power  to  construct,  repair  an<l  regulate   (clause  2) 322            111         26 

bonds  for  ( clause  1 ) 320            III         26 

[annotation.-^.] 

(29-1 

free   bridge  across  Mississipiii    River '  322 

I  324 
[■i8-i 

liROKERS— 

power  to  license,  tax  and  regulate  same  (clause  '>) 330            III         26 

nroc.iES— 

power  to  tax.  etc.  (clause  5) 330            III         2fi 

BriLDINGS— 

See  City  Hall:    .Uiinidpal  Biiildinfls. 

power  of  city  to  issue  bonds  for  public  (clause  1 ) 320            ni         2fi 

power  to  order  removal  of  same  at  owner's  expense 337            111         20 

dangerous  to  be   removed 337             1 1  j          26 

may  provi.le  for  inspection  and  measurement  of 337            III         26 

power  to  enter  into  and  examine 337            III         26 

may  provide  for  safe  construction,  inspection  and  repair  of 

all   (clause  12)    337             III          26 

power  to  regulate  construction  of  partition  and   fire  walls, 

etc.    (clause   12)    337            III         26 

power  to  prohibit  erection  of  wooden  buildings  within  pre- 
scribed  limits   (clause   12) 337             III          26 

may  compel  owners  to  have  scuttles  on  roof  (clause  12)....  337            III         26 
power  to  enact  stringent  laws  to  guard  against  fire  In  public 

halls  and  buildings 339             III          27 

regulations  as   to   frame   buildings 442             XI            4 

[annhtations] 

inspection  of.  transferred  to  Building  Commissioner 442 

lnsi)ection  of.  when  in  course  of  construction 442            XI           5 

HIRIAL  CERTIFICATES— 

duty  of  physicians  in   reference  to 1 10           XU          10 

duly  of  unilertakers  in   reference  to 447           Xll          10 

I>enalty  for  failure  to  report   deaths 447           Xll          10 

l>enalty   for  burial   without  certificate 447           XII         12 

l>enalty   for  failure  to  reiiort  interments !  17           XII         13 


330 

III 

26 

330 

III 

2G 

334 

III 

2G 

334 

III 

26 

474  INDEX  TO  CHARTER. 

(  Index  to  Ordinances  at  end  of  Rev.  Code. 

V  Index  to  Scheme,  pp.  279-286. 

(index  to  Kfa^e  Lait's  for  St.  Louis,  pp.  225-256. 

BURIAL   OF    DEAD—  I'.v.n.         .\iti.     sec. 

city  may  purchase  or  hold  property  for 294  I  1 

BURIAL  GROUNDS— 

See  Grare.!/arf7.s. 

BUSINESS— 

power  to  license,  tax  and  regulate  all  kinds  of  (clause  5).. 

may  prevent  when  dangerous  or  detrimental  to  iniblic  health 

(clause  5 )    

BUTTER— 

may  regulate  inspection  of   (clause  7) 

may  restrain  and  punish  the  forestalling  of  (clause  7).... 

BY-LAWS— 

See   Ordinances. 

c 

CABLES— 

See  Electric  Wire.  Tubes  and  ('a)iles. 

CANDLES— 

luay   prevent   use   of   in    stables,     shops    and     other     places 
( clause  12 )    

CARONDELET  PARK— 

repeal    of   special    act 

CARRIAGES— 

power  to  license,  tax  and  regulate  (clause  o) 

CARS— 

of    street    railroads    power    to    license,    tax    and    regulate 
( clause  5  I    

CARTS— 

power  to  license,  tax  and  regulate   (clause  5  | 

CATTLE— 

may  regulate  or  prohibit  running  at  large  (clause  9) 

CATTLE  AND  HORSE  DEALERS— 

power  to  license  and  regulate  ( clause  5 ) 

CEMETERIES— 
See  Graveyards. 

CENSUS— 

of  inhabitants  may  be  iirovided  for   (clause  14) 33S  III         26 

CERTIFICATES— 

See  Burial  Certificates. 

relating  to  revenue  to  be  issued  by  register 369  V  5 

CHANGE   OF   GRADE— 

See  Grading. 

CHARCOAL— 

may  regulate  inspection  and  weighing  of  (clause  7) 334  III         26 

CHARITABLE  BEQUEST— 

city  may  take  and  execute 294  I  1 

CHARITABLE  INSTITUTIONS— 

See   Commissioners   on   Charitable  Institutions :    House   of 
Refuge. 


337 

III 

26 

432 

VIII 

6 

330 

III 

20 

330 

III 

26 

330 

III 

26 

335 

III 

26 

330 

III 

26 

INDEX  TO  C'HAKTKlt 


m:, 


Index  to  Ordinances  at  end  of  Rev.  Code. 

Index  to  Siheme.  pp.  279-28G. 

Index  to  .s7a^' /^oics  for  St.  Louis,  pp.  225-2uf). 


CHARITY— 

See  Hoxpilal.s  :  Poor  House:  Etc. 
appropriations  for.  forbidden,  when — See  Oifts. 

CHARTER — 

adoption,  effect  on  ordinances,  contracts,  etc 

obligations,  etc..   to   remain   in    force 

mayor  to  promulgate  in  |)amplilet   form 

nmendmeuts  to  be  submitted  separately  to  peoi)le. 


PACE. 


ART.       SEC. 


[.\NNOTArill.SS.] 

general  considerations  respecting   289- 

adoption   of.   and   when  effective 

effect    of    adoption    of 289 

State   powers   delegated    in    

limitations  of  power  conferred  by 

must  be  in  harmony  with  statutes  and  constitution 

judicial   notice  of    

how  far  city  treated  as  county,  under 291 


rules    for    construction    of    . . 
amendment    of.    how    effected. 


CHEESE— 

may  regulate  Inspection  of  (clause  7). 

chicki:n  cock  fighting— 

power   10  suppress    (clause   '>) 


453 

.XVI 

1 

453 

XVI 

2 

453 

XVI 

5 

401 

XVI 

111 

-293 

289 

-290 

289 

290 

290 

291 

-292 

■318 

319 

.315 

4C1 

334 

III 

2G 

330 

ni 

20 

CHIEF  OF   FIRE   DEPARTMENT— 
.s'cf  fire  Department. 

CHI.MNEYS— 

power  to  regulate  construction  of   (clause  12). 
power  to  regulate  cleaning  of  (clause  12) 

CHOLERA— 

restrictions  as  to   treatment   of   patients 

CIRCrSES— 

power  to  license,  tax  or  suppress  (clause  5) . . . . 

CITIZENS— 

of  St.  Louis  exempt  from  road  work 

[  A  .V  .NOT  ATIO.N  S.  ] 

officers  must   be   


337 

III 

20 

337 

III 

2G 

343 

in 

35 

330 

MI 

2G 

457 

XVI 

8 

349 


CITY— 

incorporation   of    

corporate  name  and   powei-s 

may  purchase  and  hold  property  for  certain  purposes 

may  sell.  etc..  or  dispose  of  properly  for  benefit  of  corpora- 
tion     

may   receive  bequests,  etc 

may   have  a  common  seal    

power  of  assembly  to  maintain  peace  of 

to  develop  trade  and  manufactures  of 

to  purchase,  rent  or  lease  property 

when  not  liable  for  damage  for  taking  building  for  improve- 
ment on  proposed  street   

shall  not  be  liable  on  special  tax-bills 

lo  be  at  no  expense  for  private  sewers 

shall  be  liable  for  real  estate  taken  for  water  works 

officers  of.  to  assess  school  taxes  

collector  of.  to  collect  school  taxes 

ap|>eal  bonds  by    

mayor  shall  execute  ap|)eal  bond ....  


294 

I 

I 

294 

I 

1 

294 

I 

1 

294 

I 

1 

294 

I 

1 

294 

I 

1 

338 

III 

20 

338 

III 

26 

338 

III 

26 

3S0 

VI 

1 

414 

VI 

24 

413 

VI 

25 

412 

VI 

23 

42.<* 

VII 

4 

449 

XIII 

o 

449 

XIII 

3 

453 

XVI 

fi 

451 

XVI 

C 

476 


INDEX  TO  CHARTER. 


Index  to  Orfliiiance.s  at  end  of  Rev.  Code. 

Inde.x  to  Scheme,  pp.  279-2Si;. 

Inde.\  to  .S7a<e  Latt'S  for  St.  Louis,  pp.  225-25G. 

r.\GK. 

citizens  of,  exempt  from  road  worlv 4.57 

damage  suits  against   4.57 

judgments  against  city  to  Ije  rendered  against  all  other  par- 
ties  liable    457 

judgments  to  be  first  enforced  against  other  defendants 458 

liability   of   city   limited 458 

[.\X-\()TATII).\S.] 

is  not  in  any  class  of  cities 2S9 

(  291 

is   political    sub-division    of    State •. i  3(;9 

I  454 

f  Of)  I 

how  far  and  when  treated  as  a  county J       '  ,^ 

authority  of.  to  purchase,  hold  or  dispose  of  property....  294 

I       S15 
corporate   powers   of,    in   general    ' ;      '^,' 

may  build  and  maintain  free  bridge,  condemn  property  in 

Illinois 294 

may  be  testamentory  trustee 295 

cannot  confer  monopoly  franchise 315 

liability   of,   for  damages — ^s'ee  Damages. 

power  of,   respecting   taxation,   discussed -'      .,.'„ 

jiower   of   to    open,    widen,    etc.,    streets   and    alleys — See 

streets.  Alleys,  etc. 
liower  of,  etc.,  to  condemn  for  streets,  parks  and  public 

uses — See  ComlemnutiiiH. 
l)ower    of,    and     liability     of,     res])ecting     contracts — See 

Contrai  ts. 


.\RT. 
XVI 

XVI 

XVI 
XVI 
XVI 


CITY   ATTORNEY— 

shall  be  appointed  by  mayor 

first   appointment   to  be  for  two  years 

term    four   years 

approved  by  council 

to  be  subject  to  control  of  city  counselor 

shall  make  annual  reports  to  mayor 

to  furnish  legal  advice  to  police  cojiimissioners. 


345 

IV 

2 

345 

IV 

9 

345 

IV 

'> 

348 

IV 

9 

358 

IV 

32 

364 

IV 

47 

459 

XVI 

15 

CITY  COUNSELOR— 

shall    be    appointed    by    mayor 

term  of  office  four  years 

first  api)ointraent  to  be  for  two  years 

approved    by   council 

duties  of  in  reference  to  suits 

shall  be  chief  law  officer  of  the  city 

shall  advise  either  house  of  pssembly  or  any  committee  when 

required  

shall  advise  mayor,  and  through  him  all  other  officers 

shall   have  a  superintending   control   over   business  of   city 

attorney     

shall  aid  him  in  discharge  of  duties,  when 

shall  make  annual  reports  to  mayor 

shall  conduct  proceedings  for  condemnation  of  |iroi)erty .  .  .  . 

form  of  petition 

notice  to  defendants 

process  to  be  served  by  city  marshal 

notice    by    publication 

shall   apiily  to  circuit   court   for  assessment  of  damages  to 

real  estate  for  water  works 

shall  act  as  land  commissioner,  when 

to  furnish  le.gal  advice  to  police  commissioners 


345 

IV 

o 

345 

IV 

9 

345 

IV 

2 

348 

IV 

9 

359 

IV 

)>'' 

359 

IV 

32 

359 

IV 

32 

359 

IV 

32 

3.59 

IV 

32 

359 

IV 

32 

304 

IV 

47 

385 

VI 

<) 

385 

VI 

2 

388 

VI 

:\ 

388 

VI 

;> 

388 

VI 

o 

428 

VII 

4 

453 

XVI 

4 

459 

XVI 

I.'-. 

INDEX  TO  CHARTER. 


477 


Index  to  Onlinaiufs  at  end  of  Rev.  Code. 

Index  to  Scheme,  pp.  279-2S(;. 

Index  to  .s7n/c /.nics  for  St.  Louis,  pp.  225  256. 


CITY    DIRECTRIX— 

[annot.\tions.] 

determines  elevations  of  higUways,   t>tc . 


CITY   HALL— 

power  to  erect,  purchase  or  rent  (clause  \i) . 
bonds  for  (clause  1 ) 


PA(!E. 

Aiir. 

sw. 

381 

HS-2 

32S 
320 

Ill 
III 

2G 
2(i 

CITY  REGISTER— 
See  Repisler. 

CLAIMS— 

See  Auditor. 

assembly  forbidden  to  compromise 

assembly  cannot  ordain  payment  of  unauthorized, 
penalty  for  unauthorized  payment  of 

CLERKS— 

limitation  of  salary  of 


CLERK  OF  BOARD  OF  HEALTH— 

clerk  of  health  commissioner  to  act  as 

COAL  OIL— 

may  regulate  inspection  of   (clause  7) 

COAL  OIL  AND  VITRIOL  FACTORIES— 

power  to  prohibit  within  certain  limits  (clause  O... 

COAL,   STONE— 

may  regulate  inspection  and  weighing  of  (clause  7), 

COCK  FIGHTS— 

|)0wer  to  suppress   (clause  ij  i .    .  

COLLECTIONS— 

of  state  revenue,  iiower  respecting  tclause  K!) 


of  public  money  to  be  paid  into  city  Ireasuo' / 


by  collector  to  be  paid  into  treasury  daily.  . 

collections  from  water  works,  how  api)lied. 
collections  from  harbor  fees,  how  applied.  . 

COLLECTOR— 

shall  be  elected  for  four  years 

shall  collect  all  city,  state  and  school  taxes, 
shall  collect  all  license,  wharfage  and  all  claims 

shall  pay  over  collections  to  treasurer  once  each  day. 


state  and  school  taxes  to  be  paid.  how. 
to  give  bond  in  not  less  than  $200,000. . . 
manner  of  keeping  books  and  accounts. 


report   of   collector 

blanks  to  be  returned 

shall  give  receipt  to  comptroller  for  tax  bills. 


341 

III 

so 

341 

III 

;!0 

4r.8 

XVI 

11 

401 

XVI 

18 

447 

xn 

14 

333 

III 

20 

332 

III 

2G 

334 

III 

26 

330 

III 

26 

338 

III 

26 

f354 

IV 

22 

356 

IV 

24 

368 

IV 

:'>o 

370 

V 

7 

376 

V 

:!i 

429 

VII 

<) 

461 

XVI 

IS 

(3.55 

IV 

22 

IV 

24 

(37ii 

\- 

:;i 

1  42!l 

VII 

0 

(  4->!l 

VI 1 

11 

4::  4 

IX 

1 

:!4.T 

IV 

1 

1  3r.(i 

IV 

24 

1  440 

Xlll 

;; 

S7(i 

IV 

21 

y 

::i 

I  434 

IX 

t; 

-tr.c 

IV 

2- 

IV 

21 

1  37(i 

\' 

;m 

::.ii; 

IV 

21 

:i.".t! 

IV 

24 

s.5(; 

IV 

21 

(  3(i4 

IV 

47 

(  MU 

IV 

4V 

:)7o 

\' 

s 

375 

V 

26 

ART. 

SEC. 

V 

30 

V 

30 

V 

30 

V 

30 

V 

30 

V 

31 

V 

31 

V 

31 

V 

32 

V 

33 

V 

33 

V 

33 

V 

34 

IX 

6 

XIII 

3 

XIII 

3 

478  .  INDEX  TO  CHARTER. 

Index  to  Ordinances  at  end  of  Rev.  Code. 

index  to  Scheme,  pp.  279-28G. 

Index  to  State  Laws  for  St.  Louis,  pp.  225-25C. 

VAV.T.. 

bond  of  collector   376 

bond  to  be  executed  in  duplicate 376 

state  auditor  and  mayor  may  require  additional  bond 376 

bond  to  be  a  lien  against  real  estate  of  collector 376 

bond    to    be    given    within    fifteen    days    after    election,    or 

collector   to   forfeit   office 376 

collector  to  collect  all  revenue  except  water  rates 376 

shall  keep  a  detailed  account  of  collections 376 

triplicate  receipts  to  be  taken 376 

rebate  of  eight  per  cent  allowed  on  tax  bills,  when 377 

authority  of  to  appoint  deputies 377 

to  be  responsible  for  acts  of  deputies 377 

bond  of  deputy  to  be  available  to  collector 377 

may  discharge  all  duties  of  former  county  collector 377 

shall   collect   wharfage  dues,   etc 434 

shall  collect  all  school  taxes 449 

shall  give  special  bond  to  board 449 

[annotations.] 
in  city  performs  functions  of  former  county  collector 293 

COMMISSIONERS— 

iS'ee  Condemnation :  Streets.  Alleys,  etc. 

COMMISSIONERS  OP  CHARITABLE  INSTITUTIONS— 

shall  be  appointed  by  mayor 

approved    by    council 

term   of  office,   four  years 

first  appointment,  two  years   

exempt  from  restriction  as  to  holding  other  offices 

not  required  to  devote  entire  time  to  duties 

shall    have   supervision    over   penal    and    charitable    institu- 
tions     

may  remove  appointed  officer  of  institutions 

mayor  shall  fill  vacancy 

mayor  not  to  reappoint  any  person  removed  by 

commissioners  to  meet  once  a  month  at  city  hall 

shall  visit  all  institutions  once  a  month 

may  recommend  ordinances  to  assembly,  when 

shall  receive  no  pay  for  services. 

-J 
[annotations.] 
cannot  remove  officers  without  notice  and  trial 365 

COMMISSIONER   OF    SUPPLIES— 

shall   be  apijoiuted   by  mayor 

term   of  office,   four  years 

first  appointment  to  be  for  two  years 

approved    by    council     

shall  inirchase  all  articles  needed  by  city 

municipal  assembly  to  provide  for  all  purchases 

purchases  made  without  advertising  to  be  approved  by  comp- 
troller     

form  of  advertisements  for  proposals 

bidders  may  bid  for  any  one  article 

awards  to  be  to  the  lowest  bidder 

to  furnish  printed  blanks  to  the  bidders 

opening  of  bids 

bids  having  alterations  or  erasures  to  be  rejected 

all  contracts  to  be  approved  by  mayor 

shall  make  annual  reports  to  mayor 

to  purchase  engines  or  apparatus  for  fire  department 

COMMITTEES— 

all  bills  nmst  be  reported  upon  by 310  III  13 


34S 

IV 

2 

348 

IV 

9 

345 

IV 

2 

345 

IV 

2 

349 

IV 

10 

350 

IV 

11 

366 

IV 

49 

365 

IV 

49 

365 

IV 

49 

365 

IV 

49 

365 

IV 

50 

365 

IV 

50 

365 

IV 

50 

365 

IV 

50 

345 

IV 

•> 

345 

IV 

2 

345 

IV 

o 

348 

IV 

9 

357 

IV 

29 

357 

IV 

29 

357 

IV 

29 

357 

IV 

29 

357 

IV 

29 

357 

IV 

29 

357 

IV 

29 

358 

IV 

29 

358 

IV 

29 

358 

IV 

29 

364 

IV 

47 

442 

XI 

2 

INDEX  TO  CHARTER. 


479 


Index  to  Ordinamcs  at  end  of  Rev.  Code. 

Index  to  lichemc.  pp.  27!t-2Sti. 

Index  to  S/ateZ/OWS  for  St.  Louis,  pp.  225  25G. 


required   to  report  certain   bills  within   m   days  from   time  i-.m;k. 

of   reference    •' ' " 

in  event   of   failure,   bill  to   be  considered   before   house  or 

council   310 

bill  to  be  acted  upon  by  comnuttee  of  whole 3I'i 

engrossinK  of  bills  to  be  under  supervision  of 311 

on  conference,  reports  of 311 

chairman  of,  authorized  to  administer  oaths  to  witnesses..  342 
shall    obtain    indorsement    of   comptroller   on    bills   contera- 

plaliiiK   expenditure  of   money 370 


Aur 

SK'. 

III 

13 

111 

13 

111 

13 

III 

1.". 

III 

17 

III 

31 

12 


COMPENSATION— 

See  Salarirx. 

COMPROMISE— 

of  claims,  forbidden  by  municipal  assembly,  when 

COMPTROLLER— 

to  be  elected  for  four  years 

to  have  general  supervision  of  the  fiscal  affairs  of  the  city. . 

to  supervise  collection  and   disbursement   of   revenue 

to  see  that  all  necessary  legal  proceedings  are  had 

to  prescribe  rules  and  regulations  for  i)ublic  accounts 

charged  with  preservation  of  credit  of  city 

to  draw  requisitions  in  payment  of  public  debt 

to  make  anual  reports  to  assembly  and  mayor i 

to  supervise  all  property  and  assets  of  city 

records  of  his  office  shall  show,  what 

to  countersign  all  warrants  on  treasury 

to  have  access  to  books  and  records  of  any  department 

shall  see  that  accounts  of  city  are  kept  in  proper  manner.  .  . 

shall  give  bond  to  city  in  not  less  than  $300.000 

shall  have  a  seat  in  municipal  assembly 

may  effect  a  temporary  loan  to  meet  judgments 

to  have  custody  of  delinquent  and  special  tax  bills,  deeds, 

etc 

to  keep  a  complete  register  thereof 

to  join  mayor  in  quitclaim  deeds 

to  act  with  mayor  and  treasurer  in  selecting  bank  for  city 

deposits    

shall    prescribe   manner   of   keeping  accounts   by   collector, 

%vhen    

to  approve  purchases  made  by  the  commissioner  of  supplies, 

when    

to  receive  all  blank  licenses,  etc 

to  take  duplicate   receipts 

shall   adjust   settlements   Qf  officers,   engaged    in   collection 

of  revenue   

shall  return  unused  blanks  to  register 

ordinances  for  disbursements  to  be  endorsed  by 

audited  accounts  to  be  registered  in  office  of 

to  allow  accounts  with  approval  of  mayor,  when 

tax  bills  and  assessment  books  to  be  delivered  to 

shall  examine  and  stamp  bills 

shall   deliver  bills  to  collector 

shall  take  receipt  from  collector 

receipt  for  state  taxes  to  be  forwarded  to  state  auditor. . .  . 

may  correct  manifest  errors  In  assessments 

authority  of.  in  reference  to  delinquent  taxes 

report  of  commissioners  In  condemnation  proceedings  to  be 

delivered    to    

shall   record   report  in  office 

shall  furnish  copy  of  report  to  assembly 

may  deduct  benefits  from  damages  


341 


354 


356 


III 


IV 

IV 


30 


344 

IV 

1 

353 

IV 

20 

353 

IV 

20 

353 

IV 

20 

353 

IV 

20 

353 

IV 

20 

353 

IV 

20 

3,^3 

IV 

20 

304 

IV 

47 

304 

IV 

48 

353 

IV 

20 

353 

IV 

20 

353 

IV 

20 

353 

IV 

20 

3.53 

IV 

20 

:i53 

IV 

20 

353 

IV 

20 

353 

IV 

20 

353 

IV 

20 

353 

IV 

20 

354 

IV 

20 

22 


24 


357 

IV 

29 

369 

V 

5 

3C9 

V 

5 

370 

V 

8 

370 

V 

8 

370 

V 

12 

371 

V 

13 

371 

V 

13 

375 

V 

26 

375 

V 

26 

375 

V 

26 

375 

V 

26 

375 

V 

26 

375 

V 

28 

37G 

V 

29 

393 

VI 

10 

.393 

VI 

10 

393 

VI 

10 

393 

VI 

11 

480 


INDEX  TO  CHARTER. 


Index  to  Orclinanres  at  end  of  Rev.  Code. 

Index  to  Scheme,  pp.  279-2SG. 

Index  to  Siofe  Laics  for  St.  Lonis.  pp.  225-256. 


FACE. 

to  register,  countersign  and  deliver  all  special  tax  bills....  413 

shall  enter  "satisfaction"  of  special  tax  bills 420 

shall   countersign  all   water   licenses 429 

shall  examine  monthly  statement  of  collector  of  water  rates  423 

shall   furnish   blanks  for  wharfage  dues,  etc 434 

shall  register  contracts  for  abatement  of  nuisances 44(i 

to  make  deductions  in  school  tax,  when 449 

to  execute  contracts  for  city 454 

to  countersign   contracts,   when 454 

may  inspect  books  of  police  commissioners 459 

[a\.\OT.\T!I).\,S.] 

functions  of  former  county  court  now  partly  in...". 293 

CONCERTS— 

jiower  to  license,  tax  and  regulate  same  (clause  5) 329 

CONDEMNATION— 

See  Streets.  AVeys.  etc. 

powers  to  condemn  private  property  for  public  use  (clause  2)  322 

of  private  property  for  public  use 385 

f  385 

commissioners  to  be  freeholders '  „„^ 

majority  of  commissioners  may  report 3S8 

commissioners  to  asses  damages 388 

duty  of  commissioners 388 

court   review   rei)Ort 390 

costs  of  proceedings 391 

compensation  of  commissioners 391 

dismissals  or  withdrawals  of  proceedings  for  by  city 392 

jjroceedings  may  be  discontinued 392 

damages  and  benefits,  how  i)aid 393 

set-off.  when    393 

paid  into  court,  when  393 

city  may  ueduct  benefits  from  damages 393 

city  not  liable  for  interest  on  damages  paid  into  court 393 

when  title  in  dispute,  damages  paid  into  court 393 

when  improvement  may  proceed 393 

condemnation  for  particular  uses 394 

of  property  for  water  works— damages 428 

when  charter  went  into  effect,  how  conducted 453 

[an.notations.] 

of  property  in  Illinois  for  free  bridge  from  St.  Louis.  ..  .294.  386 

of  property  for  streets,  alleys,  etc.,  discussed 386 

begun  under  old  charter  after  new  carried 386 

Iiroceedings  must  comply  with  all  essentials 386. 

what    petition    must    show 386 

conclusiveness  and  effect  of  street  opening  proceedings.  .  .  .  387 

distinguished  from  assessing  benefits  or  taxing  for  local 

improvements   387 

parties  to  proceedings  for 388 

f  389 

damages  and  benefits  in  proceedings <  .,g, 

report  of  commissioners,  exception,  jury,  etc 391 

cost  of  391 

dismissal  of  proceedings 392 

appeal    393 

when  payment   of  damages  becomes  due 393 

liayment  into  court  of  damages,  when  city  permitted,  and 

effect    thereof    394 

change  of  .srade,  when   ojierating  as 406 

for   park    purposes    431 

of  one  street  car  company  of  the  right  of  way  so  as  to  run 

over  tracks  of  another 44ii 


ART. 

SEC. 

VI 

24 

VI 

26 

VII 

10 

VII 

10 

IX 

6 

XII 

7 

XIII 

5 

XVI 

i 

XVI 

I 

XV! 

14 

III 


26 


III 

26 

VI 

2 

VI 

2 

VI 

4 

VI 

4 

VI 

4 

VI 

5 

VI 

" 

VI 

8 

VI 

S 

VI 

9 

VI 

9 

VI 

VI 

VI 

VI 

VI 

VI 

VI 

VI 

VII 

XVI 

INDEX  TO  CHARTER.  481 

{Index  to  Ordinatnes  at  end  of  Rev.  Code. 
Iiide.v  to  Silwme.  pi).  279-28(!. 
Index  to  .s7n(e  Lows  for  St.  Louis,  |>|>.  225-256. 

CONNECTIONS— 

See  Sewers. 

CONSTITUTION—  i-m.k.         .vm.     sec. 

t.\.\.NOT.\TIO.NS.] 

.    source   of   city's    powers 289 

controls  over  charter  or  ordinances,  when  conflicting.  . . .  290 

what  is  a  conflict  between,  and  ordinances  or  charter.  . .  .  290 

how  far  city  is  a  county  under ^  'qi 

conferrinK  power  to  tax  on  city,  etc 368 

provisions  of.  do  not  apply  to  special  taxation l  wit 

|)rovisions  as  to  street  railways 436 

provisions  as  to  schools,  etc -.48 

provisions    as    to    city    contracts 454 

CONTAGIOUS   DISEASES— 

may  prevent  introduction  and  spread  of  (clause  t! ) 332            III         26 

CONTRACTS— 

See  Board  of  Public  Improvements :    Public   Work:    Public 

Printing:    Street  Sprinkling. 

members  of  assembly  not  to  be  Interested  in 305 

city  officers  not  to  l)e  interested  in /  !j.q 

originals  to  be  kept  by  register 355 

proposals  and  awards  for  supplies 357 

all  contracts  for  supplies  to  be  approved  by  mayor 358 

shall   be  enforced   by   mayor 364 

officer  to  notify  mayor  of  violation 364 

mayor,  shall  cause  suit  to  enforce 364 

f  371 

shall  not  be  let  unless  specific  appropriation  is  made...  ■   4„., 

to  l<eep  in   repair 395 

maintenance  and  guaranty  clause •   ,„, 

for  improvement  of  sidewallis 396 

emergency  worlv  and  repairs  requiring  prompt  attention  ex- 
cepted      421 

(  421 

assembly  forbidden  to  make ■;  ^.^ 

board  of  public  improvements  to  award 421 

securities  on  contractors'  bonds 421 

shall  be  subject  to  provisions  of  charter 423 

work  on   may  be  suspended,  when 423 

complaints  of  citizens  against  contractors,  how  examined..  423 

for  street   s|)rinkling 426 

for  work  on   water  works 427 

for    work,    etc..   of    water   department,    to   be   approved    by 

council    427 

for  abatement  of  specified  nuisances 446 

for   public   printing,   how   awarded 451 

specifications    of    for    printing 451 

shall  be  forfeited,  when 451 

existing  contracts  to  remain  in  force,  when 453 

city    contracts,    how    executed 454 

to  be  numbered,  filed  and  registered  In  register's  office 454 

copies  to  be  furnished  officers 454 

shall   l)e  countersigned   by  comptroller 454 

[a.nnotations.] 

(  "'91 

state  cannot  change  city's  boundaries  so  as  to  Impair. ...  i  j.- 

niembers  of  municipal  assembly  not  to  be  interested  in. . .  306 

officers  of  city  not  to  be  interested  in,  discussed 349 

exempting  from  taxation  Is  void,  when 368 

exempting  from  special  taxation  is  void. ...                398 


III 

6 

III 

6 

IV 

10 

IV 

23 

IV 

29 

IV 

29 

IV 

46 

IV 

46 

IV 

46 

\' 

14 

VI 

-.^ 

VI 

14 

VI 

14 

VI 

1.-) 

VI 

14 

VI 

27 

VI 

27 

XVI 

t 

VI 

27 

VI 

27 

VI 

28 

VI 

28 

VI 

28 

VI 

29 

VII 

3 

VII 

•) 

XII 

7 

XV 

1 

XV 

I 

XV 

1 

XVI 

1 

XVI 

1 

XVI 

~ 

XVI 

1 

XVI 

1 

482  INDEX  TO  CHARTER. 

(  Index  to  Ordinances  at  end  of  Rev.  Code. 

}  mde.x  to  .Scheme,  pp.  279-2SG. 

(index  to  .SVa^e  Laa'4- for  St.  Louis,  pp.  225-25G. 

PAGE.  ART.      SEC. 

special  taxation  where,  partially  completed 400 

guarantee  and  maintenance  clause  in,  for  public  im- 
provements     402 

for    public    work,    what    strictness    of    compliance    with 

necessary  for  recovery  on  special  tax  bills 41C 

for  public  work — See  Public  Work;  Board  Public  Im- 
provements. 

I  421 

for   removal   of  garbage ^'  T^.t 

letting  out  to  lowest  bidder 422 

notice  ot  letting    423 

delay  in  letting   423 

provisions  in,  for  public  work 424 

validity  of  provision  that  commissioner  decides  disputes. .  424 

for  public  work,  time  for  completion 42.5 

cannot  be  validated  after  forfeiture 425 

extension  of  time  before  expiration 425 

f425 

I  4-26 

in   excess   of   appropriations ■!  jki 

I  45.-) 

suspension  of  work  on,  for  defective  execution 42G 

»■       t       f         f  (-103 

estimate   of  cost    •    .qj. 

by   city   for   serving   refreshments   and    liquors   in    i)ublic 

parks 431 

■  street  railways'  franchises  treated  as 437 

in  name  of  one  acting  for  city,  name  of  city  not  necessary  442 
provisions  concerning  city,  in  constitution,  statutes,  char- 
ter and  ordinances   454 

essentials  of,  to  bind  city 454 

liability  of  city  on,  discussed 454-457 

must  be  in  writing,  within  appropriation,  etc 454 

charter  and  ordinances  always  read  into,  as  part  thereof. .  455 

contemporaneous  interpretation  as  a  rule  of  construction.  455 

power  of  city  to  jirotect  material  men  and  laborers  in  city  455 

estopiiel  of  sureties  to  contend,  are  void 455 

power  of  city  to  make  certain 455 

binding    on   city    ^ 45fi 

(  457 

impairment   of,    within    U.    S.    constitution 1  i-jtJ 

.       .,     ,               ■     ■            ,     ■  ,       J.        i  '  450 

provisions  in.  that  commissionei'  decides  disputes <.  ..^^ 

ratification  of   456 

estoppel  as  applied  to  city  or  against  city,  respecting....  ■;  ,1. 

assignability   of    457 

CONVEYANCE— 

[anxotatio.ns.] 
of  property  to  and  by  city — See  h'ral  Estate:   Drdiralion. 

CONVEYANCERS— 

power  to  license,  tax  and  regulate  same   (clause  5..) 330            III         2C 

COON   FIGHTING— 

|)0\\er  to  suppress   (clause  5) 330             III         21! 

CORN    DOCTORS— 

power  to  license,  tax  and  regulate  (clause  5) 330            III         26 

CORONER— 

See  Scheme,  section  5. 

shall  be  elected  for  four  years 344             IV          1 


INDEX  TO  CHARTER. 


483 


Index  to  Ordinances  at  end  of  Rev.  Code. 

Index  to  Scftej;ie.  pp.  279-28G. 

Index  to  Ntate  Laws  for  St.  Louis,  pp.  225-256. 


may  have  such  deputies  as  are  provided  by  ordinance. 

CORPORATIONS— 

power  to  liceuse,  lax  and  regulate   (clause  5) 

rights  of  city  in,  may  be  protected  (clause  11) 

CORPORATE   BOl'NDARIES— 

.s'ff  litiitiidaries. 

CORPORATK  NA.ME. 

"The  City  of  St.  Louis" 


CORPORATE   POWERS— 
See  City. 
general,  of  St.  Louis,  enumerated. 


PAOE. 

351 


330 
336 


294 


/294 


ABT. 
IV 


III 
III 


[.\NNOT.\TIOXS.] 

of  city — See  City. 

Of  city  to  purchase,  hold  and  dispose  of  property. 

of  city  in  general  

of  city  to  tax 


1320-338     in 


294 

(294 

\315 

367-3C9 


CORRECTION— 

Nee   House  of  furifrtiioi. 

COSTS— 

mayor  may  remit,  etc 

in   condemiiatlou   proceedings 

in  examining  public  work  in  case  of  complaint. 


COUNCIL— 

St'<'  iVunicipal  Assembly. 

branch  of  municipal  assembly 

to  consist  of  thirteen  members,  elected  at  large. 


qualiflcations  of  members  of  council. 


one-hair  of  council  to  be  elected  biennially, 
terms  of  meml)ers  of  first  council 


members  of,  shall  not  be  interested  in  city  contracts 

vacancy   in.   how  filled    

to  appoint  its  own  officers 

to  be  JiKlge  of  election  and  return  of  its  members 

to  report  tie  vote  to  mayor 

may   punish   for  contempt 

may  expel  a  member  by  a  two-thirds  vote 

ihe  i)resl(llnK  member  to  be  designated  as  president 

president  to  be  elected  on  general  ticket 

majority  of  members  necessary  for  quorum 

consent  of  Ijoth  houses  necessary  to  adjourn  for  more  than 

seven  days  

may  compel  attendance  of  absent  members 

sessions  to  lie  held  with  open  doors 

m<'nil)ers  absent  without  leave  to  forfeit  one  dollar 

compensation  of  members 

prt'sldent  authorized  to  administer  oaths,  when 

may  remove  elected  officers  for  cause 

may  remove  appointed  officers  for  cause 

to  examine  charges  by  mayor  against  elected  officers 

action  of  council  thereon 

council  to  fill  vacancy  in  appointive  office  in  case  of  removal 

by  mayor 


8EC. 

14 


26 
26 


1 
26 


351 

IV 

16 

391 

VI 

8 

423 

VI 

28 

305 

III 

1 

305 

III 

2 

f305 
305 

III 

9 

in 

6 

'1348 
1.362 

IV 

10 

IV 

19 

305 

III 

3 

305 

III 

3 

/305 
.349 

III 

6 

IV 

1(1 

306 

III 

7 

306 

III 

s 

306 

III 

8 

306 

III 

8 

306 

III 

.S 

306 

III 

.s 

307 

III 

8 

307 

III 

8 

307 

III 

8 

.•JO- 

III 

8 

SOT 

III 

8 

307 

III 

8 

311 

III 

14 

311 

III 

14 

342 

III 

31 

346 

'y 

5 

346 

iV 

5 

348 

IV 

« 

348 

IV 

6 

348 


IV 


484  INDEX  TO  CHARTER. 

1  index  to  Ordinances  at  end  of  Rev.  Code, 
index  to  Scheme,  pp.  279-28G. 
Index  to  State  Lau-s  for  St.  Louis,  pp.  225-256. 

may  remove  any  officer  appointed  by  mayor 

president  of  council  may  call  special  session  to  consider  re- 
moval     

appointments  by  mayor  no  confirmation,  when 

appointments  by  mayor  to  be  confirmed  by 

action  of.  on  appointments  by  mayor 

may  remove  officer  not  devoting  entire  time  to  duties 

may    remove   elected    officer,    when    

may  fill  vacancy  in  elective  office,  when 

president  of,  to  be  ex-officio  mayor,  when 

president  of,  to  perform  the  duties  of  mayor,  when 

to  approve  contracts  for  work  of  water  department 

to  confirm  or  reject  awards  for  public  printing 

COUNTER-CLAIM— 

See  Set-Off. 

COUNTY— 

[.\N.\OTATIOXS.] 

how  far  city  treated  as  a 291-292 

functions    and    offices,    transferred    to    what    city    func- 
tionaries    292 


PAGE. 

AKT. 

SEC. 

348 

IV 

s 

348 

IV 

s 

348 

IV 

8 

348 

IV 

9 

348 

IV 

9 

350 

IV 

11 

350 

IV 

12 

350 

IV 

13 

350 

IV 

13 

352 

IV 

17 

427 

VII 

o 

451 

XV 

1 

COUNTY  CLERK— 

[ax-\ot.\tioxs.] 

duties  of  transferred  to  register. 


f  292 
\i»» 

COUNTY  COURT— 

[axnotatio.ns.] 
duties  formerly  of.  now  transferred  to  whom 293 

COURT    HOUSE— 

power  of  city  to  issue  bonds  for   (clause  1) 320  III         26 

[annot.\tions.] 
relation    of    city    to 291-292 

COUPONS— 

cancellation  of   

proceeds  of  to  become  part  of  sinking  fund 

and  bonds,  for  what  issued  by  city  (clause  1)    .    

COURTS—  ^y 

See  Police  Courts:  Police  Justices. 

COW  STABLES— 

power  to  regulate,  prohibit,  etc.   (clause  6) 332  III         2G 

CROSS-WALKS— 

cost  of,  to  be  paid  by  special  tax 

CULVERTS— 

how  made   


450 

XIV 

4 

450 

XIV 

4 

320 

III 

1 

CURBING — 

special  taxation   for 


1395 

\404 

VI 
VI 

14 

18 

396 

VI 

14 

396 

VI 

14 

E) 


DAIRIES- 

power  to  prohibit  same  within  city  limits  (clause  6) 332  III         26 

DAMAGES— 

payment  of,  except  by  two-thirds  vote,  prohibited 

commissioners  to  assess  damages  for  condemnations 

appropriation   to   iiay   same 


341 

Hi 

30 

(388 

VI 

4 

\3SS 

VI 

5 

392 

VI 

10 

INDEX  TO  CHARTEU 


485 


Index  to  Unliiianccx  at  oiid  of  Rev.  Coile. 

Index  10  i^cbemc.  pp.  279-28(>. 

Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

I'.M.r.  .VIIT.       SKC. 


set-off  aRiilnst  lieneflts 393 

to  be  paid  Into  conrt.  when 393 

In  chanKinK  Kiade  of  street  and  nuisances 405 

asse.ssnient  of  for  real  estate  taken  for  water  works 428 

liablllt.v  of  rlty    457 

l.V\.\OT.\TIONS.] 

liability  of  city   for.  when   acting   in   ministerial,   but   not  J  ^.,J. 

when    In    leRlslatlve   capacity (382 

no  liability   If  city   falls  to  enforce  ordinances 319 

city  not  liable  for  officers  acting  under  void  ordinances..  319-320 

for  violation  of  ordinance  by  private  person 320 

for    vacating    street     326 

liability  of  city  for  defective  streets,  sewers   etc 326-328 

liability  of  city  for  defective  sewers,  or  overflows 327 

claimed  by  private  persons,  w'hen  ordinances  to  pay  per- 
missible     340 

liability  of  officers  for 363 

r  389 

in  street  opening  cases  <  jgg 

in  alley  oi)enings  390 

In  condemnations,  when  city  may  pay  into  court 394 

for  change  of  grade  of  streets,  etc 405-407 

for  removal  of  shade  trees   4o7 

action    for.    against    city,    by    contractor   prevented    from 

lomiileting  contract 420 

liability  of  street  railways  for  tracks  In  streets 437 

where  one  street  car  company  compels  another  company  to 

permit   use  of  tracks 440 

liability  of  city  for,  caused  by  fire  department 442 

where  there  is  co-defendant  liable  with  city 458 

DANCE  HOrSES— 

lK)wer  to  license,  tax  or  suppress  (clause  5) 330 


VI 

11 

VI 

11 

VI 

19 

VII 

4 

XVI 

<i 

III         26 


DAY   LABORERS— 

assembly  may  not  establish  compensation  of  (clause  8).... 


334 


III         26 


DEATHS— 

See  Burial  Certiflrates. 

power  to  enforce  registration  of   (clause  5) 

health  commissioner  to  provide  for  registration  of.... 
duties  of  physicians  in  reference  to  burial  certificates. 


330 
414 
44i; 


III 
XII 
XII 


26 
I 

10 


DEDICATION— 

to  public  tise  of  streets,  alleys  and  public  places, 
cannot   be   recorded,  when 


380 
380 


VI 
VI 


[.WNOTATIO.NS.] 

of  Streets,   when  not  necessary   to  show   in   damage  suit 

against  city  327 

common  law   383 

by  plat,  etc 383 

statutory     384 

to  city  of  property  to  be  used  for  one  purpose,  diverted  to  i  asS 

another  \  384 

conditional,  to  public  vises 384-385 

of   streets   before    imiirovement    ordinance    (proviso   con- 
strued )    <03 


486  INDEX  TO  CHARTER. 

{Index  to  Ordinances  at  end  of  Rev.  Code. 
Index  to  tfrhcme.  pp.  279-2Sfi. 
Index  to  »S7afe  Lows  for  St.  Louis,  pp.  225-256. 

DEEDS—  PAGE. 

See  Real  Estate:    Dedication. 

DB  FACTO— 

[annotations.] 
See  Officers  and  Offices. 

DELEGATES— 

See  House  uf  Delegates. 

DELEGATION  OF  POWERS— 

[annotations.] 

from  state  to  city  in  charter 289 

to  municipal  assembly  by  state,  effect  of 316 

by  municipal  assembly,  when  valid 317-318 

over  streets  to  city    323 

to  impose  license  tax  by  ordinance 331 

to  levy  taxes  from  state  to  city 367-368 

by  assembly  to    citv    officers    in    public  improvement  or- 
dinances   ." 401-402 

by  assembly  to  city  otncers  in  construction  of  sewers.  . . .         409 
by  state  to  city,  respecting  street  railways 437 

DEMANDS— 

See  Auditor :   Claims. 

DENTISTS — 

power  to  license,  tax  and  regulate  (clause  5) 329 

DEPOSITS— 

of  city   money    354 

banks  to  be  selected  annually    355 

DEPOSITS  BY  OFFICIALS— 

all  collections  by  officers  to  be  deposited  daily 354 

f354 
1356 
I  358 

public  money  to  be  paid  into  city  treasury {  370 

--.,--  1376 

V^  I  429 

1,461 

(354 

by  collector  to  be  paid  into  treasury  dailv \  356 

(376 

DEPUTIES— 

limitation  of  salary  of   4G1 

DISEASES— 

contagious,  may  be  prevented  and  regulated   (clause  6) . . .  .         332 

DISORDERLY  ASSEMBLAGE— 

may  be  restrained  and  prevented  (clause  9 ) 335 

DISORDERLY  HOUSES— 

power  to  suppress  same  ( clause  5 ) 330 

DISTRICT  ASSESSORS— 

See  Assessment  of  Property:    Board  of  Assessors. 

shall  be  appointe(l  by  mayor 345 

term   of   office   four   years 345 

first  appointment  for  two  years 345 

approved  by  council  348 


III 


XVI 


III 


III 


III 


26 


IV 

22 

IV 

22 

IV 

22 

IV 

22 

IV 

24 

IV 

30 

V 

7 

V 

31 

VII 

9 

XVI 

IS 

IV 

22 

IV 

24 

V 

31 

IS 


26 


26 


26 


IV 

2 

IV 

2 

IV 

2 

IV 

9 

INDEX  TO  CHARTER. 


487 


■  Index  to  Ordinanres  at  end  of  Rev.  Code. 
Index  to  Hchcme,  pp.  279-2S(j. 
.  Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 


DISTRICT  SEWERS— 
See  Sewers. 

DISTrRBANCE— 

may  restrain  and  prevent  (clause  9)  . 


AllT.       SKC. 


DOCKS— 

muniiipal  assembly  may  erect,  regulate,  etc.  (clause  4).... 

DOCTORS— 

power  to  license,  tax  and  regulate  (clause  b) 


DOGS— 

may  regulate  or  prohibit  running  at  large  (clause  9). 

DOG    FIGHTS— 

l>o\ver  to  suppress    (clause  54'. 


DONATIONS— 
See  Gifts. 

DRAINS- 

See  Sewers. 

DRAM  SHOPS— 

power  to  license,  lax.  regulate  or  suppress  (clause  5) . 

r.\NN(IT,\TIONS.] 

licenses  for.  controlled  by  excise  commissioner 


DRAYS— 

power  to  license,  tax  and  regulate  (clause  b) 

DRUMMERS— 

power  to  license,  tax  and  regulate  (clause  5) 

DWELLINGS,  ETC — 

power  to  enter  into  .tikI  examine   (clauses  6  and  12). 

DYNAMITE— 

may  regtilate  storage  of   (clause  12 ) 


335 

III 

2G 

329 

111 

26 

329 

111 

2C 

335 

III 

26 

330 

III 

26 

330 

III 

2G 

37G 

330 

III 

26 

330 

III 

2G 

f  332 
t337 

III 

26 

337 

II! 

26 

E 


KGGS— 

may  restrain  and  punish  forestalling  of  (clause  7). 


K  LECTION— 

for  Issue  of  bonds  of  city 

of  officers,  as-sembly  may  provide  for  (clause  S) 

necessary   to    sell    or    lease   |)arks.   submitting  question   to 
voters  

[a.nnotatioxs.] 
powers  of  city  to  provide  for,  etc.,  section  construed.... 

contest  of  

of  officers  and  terms   

commissioner  is  state  officer,  how  far 

of  school    board   directors... 

ELECTION  AND  REGISTRATION— 

general   election   in   April,    IS77 .... 

general  election  every  four  years  thereafter.  . 

[anxotatio.ss  1 
In  St.  Louis,  state  law .... 


334 


320 
334 

431 


335 
335 
345 
362 
448 


303 
303 


303 


III    26 


III 
III 


VIII 


11 
II 


26 
4 


48S 


INDEX  TO  CHARTER. 


■  Index  to  Ordinances  at  end  of  Rev.  Code, 
index  to  ticheme.  pp.  279-286. 
Index  to  &7afe  Laics  for  St.  Louis,  PP- 225-256. 


ELECTRIC  WIRES,  CONDUITS,  POLES,  ETC. —  page.         .\rt.     sec. 

[anxotatio.ns.] 
.See  this  title  iri  Index  to  Revised  Code. 

EMERGENCY— 

exi-epted  from  other  public  work 421  VI         27 

chief  of  fire  department  to  purchase  or  hire  apparatus  or 

horses 442  XI  2 

EMINENT   DOMAIN— 

.S'er  City  Counselor :    Condemnation  :    Streets.  Alleys,  etc. 

[ann'otations.] 
See  Cuudemiiation. 

EMPLOYMENT  AGENCY— 
See  Intelligence  Offices. 

EMPLOYES— 

of  city,  compensation  of.  to  he  fixed  by  assembly,  excepting 

day  laborers   ( clause  8 ) 334  III         26 

ENGINE  HOUSE— 

power  to  erect,  purchase  or  rent   (clause  3) 328  III         26 

ENGINEERS— 

power  to  license  same  (  clause  7  ) '. 333 

using  steam  boilers  ( clause  7 ) 333 

ENGROSSMENT  OF   BILLS— 

is  under  supervision  of  committee   311 

amendments  to  be  incorporated  by  engrossment 311 

EPIDEMICS— 

proclamation  of  mayor  in  time  of 446 

power  of  health  commissioner  in  time  of 446 

power  of  board  of  health  in  time  of 446 

exjienditures,    how    provided    for 446 

expenditures  shall  not  exceed  apiiropriation 446 

EQUESTRIAN  PERFORMANCES— 

power  to  license,  regulate,  tax  or  suppress  (clause  5) 330  III         26 

estoppel- 
Tan  NOTATioN.s.] 

to  attack  ordinance 309 

to  deny  dedication  of  streets,  etc 383 

of  owner  in  suit  against  him  on  sjiecial  tax  bill 419 

doctrine  of,  as  applied  for  or  against  the  city 456-457 

to  claim  salary,  when  461 

EVIDENCE— 

[annotations.] 
how  ordinances  proved  in 309 

parol,  to  show  ordinance  not  iiro|ierly  |)assed ■;  oqq 

record  of  B.  P.  I.  as 359 

special  tax  bills  prima  facie 43  8 

EXAMINERS  OF  TITLES— 

power  to  license,  tax  and  regulate  (clause  5) 330  111         26 

EXCAVATIONS — 

[annotations.] 
rule  as  to  duties  in  case  of,  city  cannot  alter 338 

EXCEPTIONS  TO  COMMISSIONER'S  REPORT— 

[an.notations] 
in  street  opening  cases 390-391 


III 

26 

III 

2G 

III 

15 

III 

15 

XII 

.S 

XII 

s 

XII 

,s 

XI! 

s 

XII 

s 

INDEX  TO  CHARTER.  4S9 


1 


Index  to  Ordinamcs  at  end  of  Rev.  Code. 

Inde.x  to  Scheme,  pp.  279-2S0. 

Inde.x  to  ^7a/^■ /yflics  for  SI.  Louis,  pp.  225-25t;. 

EXECl'TION—  PACK.         AiiT.     ,SKC. 
[a.v.not.mion.s.] 

cannot  Issue  In  street  opening  cases  for  special  tax i  r?' 

cannot  Issue  against  public  school  property 448 

EXPLOSIVES— 

may  regulate  storage  of   (clause  12) 3'i~           111         2C, 

F 

FARES— 

See  Street  Railroads. 

FEES— 

See  Salaries. 

no  salaried  of Hcer  to  receive  fees  ( clause  8 ) :!34            111         26 

for    inspection    of    weights   and    measures,    to    be   fixed    by 

ordinance   ;{r>8             IV         SO 

all  fees  to  be  paid  into  treasury  monthly HH          XVI         18 

[annotations.] 

I  335 

salaried  officers  receiving <  "  .„ 

of  witnesses,  when  disalloweo 335 

FE.MAI.E   HOSPITAI.— 
See  Hospitals. 

FERRIES— 

municipal  assembly  may  resulate  and  license  (clause  4)...  329             III         26 

may  sell  ferry  privileges  (clause  4) 329            III         26 

may  establish  ferry  rates  (clause  4) 329            III         26 

FINANCIAL  AGENTS  AND  BROKERS— 

power  to  license,  tax  and  regulate  (clause  5) 330            III         26 

FINES— 

See  Workhouse. 

power  to  impose,  collect  and  enforce  (clause  10) 330            III         26 

commitment  to  workhouse  for  failure  to  pay  (clause  10) ... .  336            111         26 

mayor   may    remit,   etc 351             IV         16 

to  be  unaffected  by  charter,  when 453          XV I           2 

cannot  exceed  $500 4.59          XVI          12 

[annotations.] 

and  forfeitures  go  to  school  I iiiul  when 448 

FIRE   DEPARTMENT— 

bonds  for  buildings,  etc.,  for  i  clause  1 ) 320             1 1 1         26 

to  be  under  control  of  chief  of  fire  department 441             XI           1 

chief  to  be  aiipointed  by  mayor 441             XI           1 

,  .                ,,  (  348             IV          9 

approved  by  council   ■,   .^^            ^1           ^ 

shall  make  annual  reports  to  mayor 3iM             IV         47 

term  of  of fice   441              XI            1 

to  appoint  officers  and  employees  with  approval  of  mayor..  441             XI           1 

to  have  charge  of  all  property 441             XI           1 

to  purchase  or  hire  engines,  apparatus  and  horses,  when.  . .  .  442             XI           2 

chief  to  have  police  powers  at  fires 442             X  I           3 

assistant  engineer  to  exercise  police  powers  at  fires 442             XI           3 

chief  to  lnspe<t  buildings  In  course  of  construction 442              XI            5 

[ANNI»TATION.>i.] 

liability  of  city  for  damages  caused  by 4  42 

duty  of  chief  to  In8|)ect,  transferred  to  Building  Commis- 
sioner    442 

FIRE  AND  POLICE  TELEGRAPH  — 

superintendent  of  to  be  appointed  by  mayor..                     ....  345              IV           2 

term  of  office  four  yeare 345              1 V           2 

first   appointment    for  two  years 345             l\'           2 

approved  by  council 348            I X           9 

shall  make  annual  reports  to  mayor 364             IV         47 


490  INDEX  TO  CHARTER. 

Index  to  Ordinances  at  end  of  Rev.  Code. 

index  to  Scheme,  pp.  279-2SG. 

Index  to  Siaie  Laws  tor  St.  Louis,  pp.  225-256. 

FIRE-PLACES—  page. 

may  regulate  construction  of  (clause  12) 337 

FIRE  WALLS— 

may  order  and  regulate  building  of   (clause  121 337 

FIREWOOD— 

may  regulate  inspection  and  weighing  of  (clause  7) 334 

I  IRES— 

power  to  regulate  storage  of  combustible  and   inflammable 

materials    (clause  12) 337 

power  to  regulate  use  of  lights  and  candles  in  stables,  etc. 

(clause  12)    337 

power  to  adopt  precautionary  measures  (clause  12) 337 

power  to  compel  persons  to  aid  in  extinguishing  of  (clause 

12)    337 

power  to  compel  persons  to  aid  in  preservation  of  pioperty 

(clause  12)    337 

power  to  enact  stringent  laws,  etc 339 

FISCAL  OFFICERS— 

defined   361 

FISH— 

may  regulate  inspection  and  venaing  of  (clause  7) 334 

FLOUR— 

may  regulate  Inspection  of  ( clause  7 ) 334 

FLUES— 

power  to  regulate  building  of   (clause  12) 337 

FOREST  PARK— 

repeal  of  special   act 432 

F0RESTALLIN(3 — 

power  to  restrain  and  punish  same  (clause  7 ) 334 

FORFEITURES— 

See  Fines:  Franchises. 

power  to  impose,  collect  and  enforce  (clause  10) •     336 

-  ^      -  f306 

of  offices V^ i  352 

l3Hl 

to  be  unaffected  by  charter,  when 453 

FORTUNE  TELLERS— 

power  to  license,  regulate,  tax  or  suppress  (clause  5) 330 

FRAME  BUILDINGS— 

power  to  regulate  or  prohibit  erection  of  (clause  12) 337 

regulation  as  to  erection  of 442 

FRANCHISES— 

See  Municipal  Assembly;  Street  Railroad. 

power  to  grant  for  railways,  etc.  (clause  11) 336 

assembly  may  sell  franchises  for  street  railroads  and  to  im- 
pose tax  and   license 435 

surrender  of  franchise,  how  effected 439 

to  be  forfeited  unless  put  in  use  within  one  year 441 

[,\N?JOTATIONS.] 

/315 

city  cannot  confer  monopoly I  ^^q 

to  steam  railroads  in  streets,  when  void 324-325 

to  street  railroads — See  Street  liaUruads. 

to  railroads,  effect  of  reservation  clause  to  alter,  amend  or 

repeal    .  337 


ART.       SEC. 

Ill         26 


III 


III         20 


III 


III 
III 


III 


III 


III 
XI 


III 

X 
X 
X 


26 

26 
26 

26 


III 

26 

III 

27 

IV 

43 

III 

26 

III 

26 

III 

26 

VIII 

6 

III 

26 

III 

26 

III 

6 

IV 

19 

IV 

43 

XVI 

2 

26 


26 
4 


26 


INDEX  TO  CHARTER. 


491 


Index  to  Ordinances  at  end  of  Rev.  Code. 

Index  to  Scheme,  pp.  279-2S(;. 

Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

FU.M'l) I'AdE.  .\UT.       SEC. 

(.VNNOT.VTIf  NS.] 

when  avoids  an  ordinance 315-316 

KRKK   HIUnOE— 
Nee  Hnilijes. 

FRERHOI-DERS— 

See  Condemnation. 

I'REK  PASSES— 

on  street  railroads  forbidden  ( clause  11) 337  1 11         26 

FRONT  FOOT  Rl'LE— 

I  380  VI  1 

'W5  VI  14 

In  special  taxation,  when .  ' '  yj         jg 

Uat;         VI       29 

[AN.Nin  ATIONS.] 

ts  valid  and  sustained  by  the  courts 398 

FRIIT— 

ruay  restrain  and  punish  forestalling  of  (clause  T) 334  III         26 

FUEl^ 

may  regulate  inspection  and  weighing  of  (clause  7) 334  III         25 

Fl'NI)  COMMISSIONERS— 

board   composed   of 355  IV  22 

to  approve  bond  of  bank  receiving  city  deposits 355  IV  22 

revenue  from  water  works,  how  applied 430  vil  11 

redemption  of  water  bonds 430  VI 1  11 

proceeds  of  sale  of  parks  to  be  paid   to 431  \'I  II  4 

disposition  of  proceeds  of  O'Fallon  Park  bonds 432  VI 11  5 

disposition  of  assets  of  sinking  fund  under  control  of  fund 

commissioners 450  XIV  4 

FUNDS— 

See  Sinkintj  Fund:  Harbor  and  Wharf:  Water  Works. 

current  of  <-ity,  to  be  deposited 354  IV  22 

for  erecting  public  buildings 367  V  1 

/  354  IV  22 

I  35H  IV  24 

!  338  IV  30 

collections  by  city  officers  to  be  paid  into  city  treasury '  370  V  7 

I  37t?  V  31 

I  42;i  VI 1  9 

nil  XVI  18 

designation  of  .                                                      -'■:'  V  6 

,   iX>  VII  s 

water  works   _  |.^,,  y , ,         , , 

harbor  fund  434  IX  7 


CAMBMNG   HOUSES— 

power  to  suppress  (clause  5) .  . 

GAS— 

city  may  regulate  price  and  quality  of  *  clause  T( 

GAS  COMMISSIONER— 

member  of  B.  P    I.,  when  appolntdl  .t... 

to  be  appointed  by  mayor,  when 

to  have  control  of  all  property  l>olonglng  to  gas  works 

shall   supervise    oreitinn.    repairinir,   lighting,  etc.   of  street 
lamps  


330 

III 

26 

334 

III 

26 

345 
345 
361 

IV 
IV 
IV 

1 

40 

361 


IV 


40 


492  INDEX  TO  CHARTER. 


{ 


Index  to  Ordinances  at  end  of  Rev.  Code. 

Index  to  -Scheme,  pp.  279-28G. 

Index  to  .S^a^e  Loif.5  for  St.  Louis,  pp.  225-25G. 


MIT. 

sj:(". 

VI 

i:; 

I 

IV 

1 
40 

1 

1 

III 

:!o 

III 

Ixi 

XVI 

11 

GAS  PIPE—  i-.ViK. 

connections  to  be  regulated  by  the  board  of  public  imjirove- 
,  ments o94 

GAS  WORKS— 

city  may  purchase  and  hold  property  for 294 

to  be  under  charge  of  gas  commissioner 361 

GAUGE— 

uniform  gauge  for  street  railroads 439  X 

GENERAL  ORDINANCES— 
See  Ordinances. 
revision  of  required  every  five  years 340  III 

[.iX.NOTATIONS.] 

revision  of 340 

GENERAL  WELFARE  CLAUSE— 

city  may   pass  ordinances  to  maintain   peace,  good   govern- 
ment, and  general  welfare  (clause  14  ) 338  III 

[anxotatio.xs.] 
cases  where  applied 339 

GIFT  ENTERPRISES— 

power  to  license,  regulate,  tax  or  suppress  (clause  5) 330  III 

GIFTS— 

city  may  receive  same  for  charitable  and  other  purposes...         294 

f341 
city  cannot  make,  when \  343 

1 458 

[anxotatio.x.s  J 

city  as  trustee  in  testamentary 295 

by  city  of  public  money,  are  void 342 

GOATS— 

may  regulate  and  forbid  running  at  large  (clause  9) 335  III         2G 

GRADE— 

See  Special  Taj-ation. 

city  to  pay  damages  by  chan.ge  of .  . ., , .         405  VI         19 

GRADING— 

of  streets,   partial 395  VI         14 

special  taxation  for 404  VI         is 

[an'.nutations.] 

change  of  grade  of  streets,  action  for  damages 405-407 

rights  and  liabilities  of  the  city  and  ijrojiertv  owners....  405-407 
subject  discussed   405-407 

GRAVE  YARDS— 

all  interments  to  be  reported  weekly 447 

interments  forbidden  without  certificate 447 

l)enalty  for  failure  to  report  weekly 447 

[a.n.notations.] 

not   exempt  from  special  taxation 398 

GROCER— 

power  to  license,  tax  and  regulate   ( clause  5) 329 

GROUNDS— 

public,  power  to  sell,  lease,  etc.  (clause  3) 328 

GUARANTY— 

f  3115 
in  contracts  for  i)ublic  work \  ^qj 


XII 

n 

XII 

12 

XII 

13 

III 

2C 

III 

2G 

VI 

14 

VI 

15 

2G 

2G 

26 

26 

26 

INDEX  TO  CHARTER.  493 

Index  to  Ordinances  at  end  of  Rev.  Code. 

Index  to  Scheme,  pp.  279-286. 

Index  to  Stote  Laios  for  St.  Louis,  pp.  225-25C. 

ailNPOWDER.  ETC.—  pack.         .\kt.     skc. 

power  to  rcKulate  storage  of  same  (I'liiuse  12) 337             III         26 

H 

HACKNEY  CAKlilAGES— 

power  to  license  anu  tax  (clause  5) :Wii            111         26 

HAM.S— 

public,  power  to  license,  tax  and  regulate  (clause  5) 329            111         26 

HARBOR — 

Scf  Harbor  ami   Whart  Commissioner:  Harbor  and    Wharf 

Department. 

power  to  construct  Improvements  in  (clause  4 ) 329 

to  regulale  wharves  and  marine  railways  (clause  4) 329 

to  guide  or  deflect  currents  of  river  (clause  4 ) 329 

to  regulate  and  license  ferries,  towboals.  etc.  (clause  4) . .  .  .  329 

to  sell  ferry  privileges  and  regulate  ferries  (clause  4) 329 

to  create  office  of  port  wardens  and  regulate  the  mooring  of 

vessels  ( clause  4 ) 329             III 

to  charge  and  collect    wharfage    and    tonnage    dues,    levee 

rates,  etc.   ( clause  4  1 329 

limits  of  harbor  433 

HARBOR  AND  WHARF  COMMISSIONER— 

term  of  office 345 

shall  be  member  of  board  of  public  Improvements 345 

shall  be  appointed  by  mayor '  ,,J' 

{  4oo 

approved  by  council !  jjj* 

shall  make  annual  rei)ort   to  mayor 364 

shall  be  head  of  harbor  department 359 

shall  have  charge  of  construction  of  repairs  of  dykes,  wharf 

and  levee   360            I  \' 

shall  have  charge  of  execution  of  all  ordinances  In  reference 

to  harbor   360 

shall  furnish  collector  information,  when 360 

to  devote  whole  time  to  duties  of  his  office 433 

official  term  and  bond 433 

his  salary,  deputies  and  assistants 433 

Jurisdiction  of  commissioner 434 

regulating  the  landing  and  stationing  of  boats,  etc 434 

direct  removal  of  cargo  and  freights 434 

keep  wharf  and  shore  free  from  obstructions 434 

authority  and  duties  of  commissioner 434 

shall  make  out  bills  for  wharfage  and  levee  dues,  etc 434 

shall  report  violations  of  city  ordinances,  when 43.'i 

HARBOR  AND  WHARF  DEPARTMENT— 

to  be  under  control  of  harbor  and  wharf  commissioner 433 

collections  from  harbor  to  be  placed  to  credit  of  harbor  fund  434 

moneys  collected,  how  applied 434 

moorings  of   wharfboats 434 

owners  of  wharfboats    forbidden    to    receive    commissions. 

when 435 

penalty   for  violating 435 

wharfboats  not  to  affect  wharfage  dues 435 

HAWKERS  AND  PEDDLERS— 

power  to  license.  '•'>  :'"'!  '•■cnlaif  iiiausi'  .'i  i                    330 

HAY— 

may  regulate  lnsi)ectioii  and  weighing  of  (clause  Ti 334 

HEALTH— 

public,  may  he  secured  by  necessary  measures  (clause  141 .  .  33.S 


ill 

26 

IX 

.J 

IV 

0 

IV 

3 

IV 

3 

l.\ 

0 

IV 

9 

l.\ 

*> 

IV 

47 

iV 

34 

IV 

38 

IV 

38 

[K 

0 

IX 

•> 

IX 

2 

IX 

4 

IX 

5 

IX 

5 

IX 

5 

IX 

5 

IX 

i; 

[X 

9 

IX 

1 

IX 

7 

IX 

7 

IX 

S 

IX 

9 

IX 

n 

IX 

10 

III 

2C 

III 

26 

III 

26 

494  INDEX  TO  CHARTER. 


{ 


Index  to  Ordinances  at  end  of  Rev.  Code. 

index  to  Scheme,  pp.  279-28G. 

Index  to  State  Laics  for  St.  Louis,  pp.  225-256. 

[A.N  .NOTATIONS.]  PAGE. 

general  welfare,  etc 333 


ART.       SEC. 


HEALTH  COMMISSIONER— 

See  Board  of  Health.  Health  Department. 

appointed    by    mayor 443 

approved  by  council <'  ",,' 

l44o 

shall  devote  his  whole  time  to  duties  of  office 350 

HEALTH  DEPARTMENT— 
See  Board  of  Health. 

creation  of  443 

to  be  controlled  by  board  of  health  and  health  commissioner  443 

health  commissioner  to  be  appointed  by  mayor 443 

shall   make  annual  reports  to  mayor |  ^  '^ 

term  of  office  and  bond 443 

.     qualification  of   443 

duties  of  commissioner 444 

may  make  rules  and  regulations  with  approval  of  board.  .  .  .  444 

may  appoint  employes  with  approval  of  board 444 

may  examine  buildings,  lots,  etc 444 

may  require  employe  of  police  force  to  examine 444 

may  declare  or  abate  nuisances .* 444 

condemnations  must  be  approved  by  board  of  health 444 

action  of  board  of  health  to  be  final 444 

commissioner  shall  obey  all  orders  of  board 444 

shall    provide    for    registration    of    births,    marriages    and 

deaths 444 

shall  have  charge  of  hospitals,  asylums,  etc 444 

superintendent  of  hospitals,  how-  appointed 444 

superintendent  of  insane  asylum,  how  appointed 444 

appointment  of  employes  by  health  commissioner 444 

power  of  board  and  commissioner  in  reference  to  nuisances.  445 

notification  to  owners 445 

penalty  for  failure  to  abate 445 

notice  by  publication 445 

cost  of  abatement  to  be  assessed  as  si)ecial  tax,  when 445 

contracts   for  abatement 44G 

proclamation  in  times  of  epidemic 44G 

authority  of  commissioner  and  board  in  such  cases 440 

extraordinary  powers  to  cease  upon  order  by  mayor 440 

record  of  acts  and  order  of  commissioner 440 

duties  of  pnysicians  in  reference  to  burial  certificates 446 

all  interments  to  be  reported  weekly  to  commissioner 447 

reports  to  specify  names,  ages,  etc 447 

board  of  health  to  keep  a  full  record  of  proceedings 447 

clerk  of  commissioner  to  be  clerk  of  board 44  1 

[annotations,] 
board  of  healtn — See  Board  of  Health. 

abatement  of  nuisances 445 

HIGHWAYS— 

See  Streets.  Alleys,  etc. 

citizens  exempted  from  working  on 457          XVI           S 

[annotations.] 
See  Streets.  Alleys,  etc. 

Mississippi  river  is  a  highway 29C 

brid,ge  over  Mississippi  is  proper  highway 3S2 

HOGS— 

may  regulate  and  prohibit  running  at  large  (clause  9) 335            ill         26 

HOLIDAY — 

legislative  act  prescribed  half,  on  Saturday 350 


XII 

1 

IV 

9 

XII 

1 

IV 

11 

XII 

1 

XII 

1 

XII 

1 

IV 

47 

XII 

3 

XII 

1 

XII 

1 

XII 

•i 

XII 

3 

XII 

0 

XII 

3 

XII 

3 

XII 

3 

XII 

3 

XII 

."» 

XII 

3 

XII 

4 

XII 

4 

XII 

5 

XII 

5 

XII 

5 

XII 

6 

XII 

fi 

XII 

6 

XII 

6 

XII 

6 

XII 

7 

XIT 

s 

XII 

8 

XII 

S 

XII 

9 

XII 

10 

XII 

n 

XII 

11 

XII 

14 

XII 

It 

INDEX  TO  CHARTER. 


495 


Index  to  Orditiances  at  end  of  Rev.  Code. 

Index  to  Scheme,  pp.  279-28G. 

Index  to  iS'tate  Lau^s  (or  St.  Louis,  pp.  225-25C. 


HOROSCOPIC  VIEWS—  pack. 

power  to  license,  tax  and  regulate  lolause  5) 330 

HORSE  AND  CATTLE  DEALERS— 

power  to  license,  tax  and  regulate  (clause  5) 330 

HOSPITALS— 

lily  may  purchase  and  hold  property  Tor 294 

city  may  issue  bonds,  etc.,  for  (clause  1 ) 320 

power  to  esiablisti  and  regulate  same  (clause  a) 330 

10  lie  in  iliarKe  of  health  commissioner  and  board  of  health  444 

superintorulont  of  city  hospital,  how  a|)|)ointed,  etc 444 

superintendent  of  female  hospital,  how   aiipointed 444 

superintendent  of  insane  asylum,  how  appointed 444 

■superintendent  of  quarantine,  how  appointed,  etc 444 

HOT  AIR  FLUES — 

may  order  and  regulate  building  of  (clause  12) 337 

HOTELS— 

power  to  license,  tax  and  regulate  (clause  5) 329 

HOIRS— 

for  municipal  service 350 

Saturday  half  holiday,  by  state  law 350 

HOrSE  OF  CORRECTION— 

city  may  purchase  and  hold  property  for 294 

power  to  erect,  purchase  or  rent  (clause  3) 328 

HOL'SE  OF  DELEGATES— 
Sec  .Municipal  Assembly. 

branch  of  municipal  assembly 305 

to  consist  of  one  member  from  each  ward 305 

to  be  elected  every  two  years 305 

r  305 

qualitications  of  members  of-  house  of  delegates ■  !,," 

I  o4o 

I  352 

oath  for  members 30G 

members  of,  shall  not  be  interested  in  city  contracts <  .}vl 

to  forfeit  office,  when , 30G 

vacancy  in.  how  filled 306 

to  appoint  its  own  officers 306 

to  be  sole  judge  of  election  of  its  own  members 306 

tie  vote  to  be  certified  to  mayor 306 

may  adopt  rules  to  govern  proceedings 306 

may  arrest  and  punish  for  contempt 306 

may  expel  a  member  by  a  two-thirds  vote 306 

presiding  offir  er  to  be  designated  "speaker" 307 

majority  of  members  necessary  for  quorum 307 

lesser  number  may  adjourn  from  day  to  day 307 

may  compel  attendance  of  absent  members 307 

sessions  to  t:e  held   with  open  doors 307 

consent  of  both  houses  necessary  to  adjourn  for  more  than 

seven  days  307 

to  keep  a  journal  of  proceedings 307 

members  nuiy  demand  yeas  and  nays 307 

members  absent  without  leave  to  forfeit  one  dollar 311 

compensation  of  members 311 

power  to  compel  attendance  of  witnesses  and  production  of 

papers 342 

speaker  or  chairman  of  any  committee  authorized  to  admin- 
ister oaths  to  witnesses 342 

si)eaker  of.  to  discharge  duties  of  mayor  when 352 


AKT. 

Ill 


III 


III 
III 
IV 


I 
III 


SEC. 

2G 


26 


I 

1 

111 

26 

in 

2G 

XII 

4 

XII 

5 

XII 

5 

XII 

5 

XII 

5 

26 


26 


11 


1 
26 


in 

1 

III 

4 

III 

4 

III 

5 

III 

6 

IV 

10 

IV 

19 

III 

0 

III 

6 

IV 

10 

III 

6 

III 

7 

III 

8 

III 

s 

III 

8 

III 

8 

III 

S 

III 

8 

III 

8 

III 

s 

III 

s 

III 

R 

III 

S 

III 

s 

III 

9 

III 

9 

III 

14 

III 

14 

III 

III 

IV 


31 

31 
IT 


496 


INDEX  TO  CHARTER. 


{Index  to  Ordinances  at  end  of  Rev.  Code. 
Index  to  Scheme,  pp.  279-286. 
Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

HOUSE  OF  REFUGE—  pagk. 

power  of  city  to  issue  bonds  for  (clause  1 ) 320 

superintendent  of  shall  be  appointed  by  mayor 345 

term  of  office  four  years 345 

first  appointment   for  two  years 345 

shall  make  annual  reports  to  mayor 364 

[a>n()T.\tio.ns.] 
now   "St.   Louis   Industrial    School."   See   that    title   in   In- 
dex to  Revised  Code. 

HOUSES  OF  ASSIGNATION— 

power  to  suppress   ( clause  5 ) 3»0 

HOUSES  OF  ILL-FAME — 

power  to  suppress   (clause  5) 330 

HUCKSTERS— 

may  be  regulated  and  suppressed   ( clause  5 ) 330 

I 

IMPROVEMENT  ORDINANCE— 

j-379 

requisite  of   \  395 

(401 
may  specify  term  of  years  for  which  work  shall  be  main-       (  395 

tained  ".   \  401 

estimate  of  cost  to  be  endorsed  on 401 

to  contain  specific  appropriation 423 

[annotations.] 
discussed 401 

IMPROVEMENTS— 

See  Board  of  Public  Improvements :  Condemnation;  Ordi- 
nances: Public  Improvements :  Special  Taxation:  Spe- 
cial Tax  Bills:  Streets.  Alleys,  etc. 

ordered  by  ordinance  only 371 

r379 

recommended  by  board  of  public  improvements „q, 

1401 
INDEBTEDNESS—  ---c,     ,-' 

how  provided  for .- 306 

by  bonds  of  city  ( clause  1 ) 320 

[annot.\tions.] 

as  to  what  is 322 

provisions,    limitations,   etc 367 

INJUNCTION— 

[annotations.] 

when  will  lie  against  enforcement  of  void  ordinance 317 

against  steam  railroads  in  streets 325 

against  change  of  grade 406 

does  not   lie  to  compel  construction  of  sewer   in  certain 

manner  or  locality 409 

delay  from,  no  excuse  for  not  completing  jjublic  works  on" 

time 425 

by  street  car  company  against  another  to  i)revent  use  of 

its  tracks   440 

INSANE  ASYLUM— 

right  of  city  to  issue  bonds  for  ( clause  1 ) 320 

power  to  erect.  ])urchase  or  rent  (clause  3) 32S 

to  be  in  charge  of  health  commissioner  and  board  of  health  444 

sujierintendent  of,  how  appointed,  etc 444 

INSANE  PERSONS— 

power  to  provide  for  su])|)0rt  and  maintenance  of  (clause  13)  338 


\RT. 

SEC. 

Ill 

26 

IV 

2 

IV 

2 

IV 

2 

IV 

47 

III  26 
III  26 
III         26 


VI 

1 

VI 

14 

VI 

15 

VI 

14 

VI 

15 

VI 

15 

VI 

28 

14 


VI 

1 

VI 

14 

VI 

15 

^' 

1 

III 

26 

III 

26 

III 

26 

XII 

.) 

XII 

5 

III 


26 


2G 

26 

26 

26 

26 

26 

26 

26 

IV 

30 

IV 

30 

IV 

30 

IN'DEX  TO  CHARTER.  497 

C  Index  to  Oidinaiicru  at  end  of  Rev.  Code. 

J  Index  to  Scheme,  pj).  279-2St;, 

(  Index  to  State  haws  for  St.  Louis,  pi).  225-256. 

I'a<;k.         akt.     skc. 
INSPECTION— 

of  lumber  and  buildinK  material  (clause  7  1 333 

of  steam  boilers  ( clause  7 ) 333 

of  steam  heat  ins  apparatus   (clause  7) 333 

of  various  articles  of  food  and  manufacture  (clause  7) 333 

of  ha.v  and  stone  coal   (clause  7 ) 334 

of  all  kinds  of  fuel   (clause  7) 334 

of  meat,  poultr.v.  fish,  etc.   (clause  7) 334 

articles  of  shipment  exempt   (clause  7 ) 334 

of  scales,  weights  and  measures 358 

fees  to  be  fixed  by  assembly   358 

use  of  uninsi)ected  scales,  weights  or  measures  prohibited..  358 

[annotations.] 

of  milk,  cream,  butter,  etc.,  ordinance  valid /  ^^ 

INSPECTION  OF  Bl'ILDINGS— 
See  Buildings. 

of  buildings,  lots,  etc.    (clauses  G  and  12) !  ^i'i            "'         "** 

(   oil 

regulations  as  to  frame  buildings 412            XI           4 

chief  of  fire  department  to  inspect  all  buildings  in  course  of 

construction 442             XI           5' 

[annotations.] 

duty,  transferred  to  commissioner  of  public  buildings....  442 

INSPECTOR  OF  WEIGHTS  AND  MEASURES— 

must  be  qualified  by  practical  experience  (clause  7) "?A 

to  be  elected  every  four  years 344 

shall  Inspect  all  scales,  weights  and  measures 358 

assembly  to  fix  fees  for  inspection 358 

inspector  to  report  collections  monthly  to  comptroller 358 

to  pay  collections  daily  into  city  treasury 358 

to  keep  record  of  inspections ,'?58 

shall  receive  a  fixed  salary  for  services 358 

use  of  uninspected  scales,  weights  or  measures  prohibited..  358 

shall  make  annual  reports  to  mayor 364 

blanks  to  be  returned 370 

INSPECTORS  AND  G AUGERS — 

power  to  license,  tax  and  regulate  (clause  5) 330            111         2C 

INSTALLMENTS— 

See  Special  Tax  Bills. 

certain  special  tax  bills  payable  in 415             vi         25 

[anxotatkins.] 

when  due.  and  how  |>leaded 420 

INSURANCE  AGENTS— 

power  to  license,  tax.  etc.   (clause  5) 330            III         26 

INSURANCE  COMPANIES— 

power  to  tax.  license  and  regulate  (clause  5) 330            III         26 

INTELLIGENCE  OFFICES— 

power  to  license,  tax,  regulate  or  suppress  (clause  5) 330            III         26 

INTEREST— 

ordinances  to  pay,  on  city  bonds 322 

city  not  liable  for,  when 393 

when  payable  in  installments 415 

on   special   tax   bills 415 

on  special  tax  bills  for  street  sprinkling 426 

[annotations.] 
when  and  how  city  may  avoid,  in  condemnation  prooeed- 

Ings n94 

on  special  tax  bills 415 


III 

26 

IV 

1 

IV 

30 

IV 

30 

IV 

30 

IV 

30 

IV 

30 

IV 

30 

IV 

30 

IV 

47 

V 

8 

111 

26 

VI 

11 

VI 

25 

VI 

25 

VI 

29 

498 


INDEX  TO  CHARTER. 


Index  to  Ordinances  at  end  of  Rev.  Code. 

Index  to  Scheme,  pp.  279-286. 

Index  to  StaZe  Lajos  for  St.  Louis,  pp.  225-256. 


INTERMENTS — 

weekly  report  of,  to  be  made  to  health  commissioner. 

reports  to  specify  names,  ages,  etc 

penalty  for  burial  without  certificate 

penalty  for  failure  to  report 


PAGE. 

ART. 

SEC. 

447 

XII 

11 

447 

XII 

11 

447 

XII 

12 

447 

XII 

13 

320 


J 

JAILER— 

shall  be  appointed  by  mayor 

term  of  office  four  years 

first  appointment  to  be  for  two  years 

approved  by  council 

shall  make  annual  reports  to  mayor 

JAILS— 

power  of  city  to  issue  bonds  for  (clause  1) . 

JOINT  DISTRICT  SEWERS— 

See  Sewers. 


JUDGMENTS— 

temporary  loans  authorized  to  meet  same 353 

in  condemnation  proceedings 393 

against  city  for  damages 457 

to  be  first  enforced  against  other  defendants 457 

liability  of  the  city  limited 457 

[annotations.] 

executions  in  street  openings 387,  389 

executions  against  school  property 448 

JUDICIAL  NOTICE — 

[annotations.] 

of  charter 291 

of  city's  population,  city  is  political  subdivision,  etc 291 

of  ordinances    309 

JURISDICTION— 

[annotations.] 

over   Mississippi    River : 296 

of  board  of  equalization 374 

in  street  opening,  widening,  etc 3S6-3S7 

on  appeal  from  street  openings  and  condemnations 393 

to  pass  ordinance  for  street  improvements  in  case  of  re- 
monstrance    400 

none,  for  street  improvements  not  recommended  by  B.  P.  I.  404 

JURORS— 

assembly  may  fix  compensation  of   (clause  8) 334 

JURY— 

[annotations.] 
in  street  opening  cases 391 

JUSTICES— 

See  Police  Justices. 

JUSTICES  OF  THE  PEACE— 

concurrent  jurisdiction  with  police  justices,  when 

jurisdiction   of    

hold  police  court,   when 

[annotations] 
city  considered  as  county,  respecting 


345 

IV 

2 

345 

IV 

9 

345 

IV 

0 

348 

IV 

9 

364 

IV 

47 

III 


III 


26 


IV 

20 

VI 

10 

XVI 

9 

XVI 

9 

XVI 

9 

26 


356 

IV 

26 

356 

IV 

27 

357 

IV 

27 

292 


INDEX  TO  CHARTER.  499 

f  Index  to  Ordinances  at  end  of  Rev.  Code. 

i  Index  to  Scheme,  pp.  279-28G. 

I  Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

K 

KETTLE—  PARE.         .\HT.     skc. 

may  r>>inove  or  prevent  construction  of  (clause  12) 337  III         26 

I. 

lahorp:rs.  day— 

assembly  may  not  establish  compensation  of  (clause  S)....         ;!P,l  111         2C 

LAND— 

See  Real  Estate. 

LAND  COMMISSIONER— 

when  city  counselor  shall  act  as 453         XVI  4 

LARD— 

city  may  regulate  inspection  of  (clause  7) 334  III         2C 

LATHS— 

power  to  collect  wharfage  on   ( clause  4 ) 329  111         20 

LAWYERS— 

power  to  tax  and  regulate  (clause  5) 329  III         26 

[.\NNOT.VriONS.] 

state  law  forbids  taxing  as 331 

LEASE — 

f!ee  Wharf. 

'"'^^■^■- °f  «='^>' {lis  III  26 

of  unpaved  wharf  (clause  4) 329  III         26 

of  parks,  squares,  etc.,  how  made 432         \'1 1 1  4 

LECTI'RERS— 

power  to  license,  tax  and  regulate  (clause  5) 330  III         26 

LEGISLATIVE  DEPARTMENT— 

See  CoiincH :  House  of  Deleoate.'i :  ^fllnicipal  Assembly. 

LEGISLATIVE  POWERS— 

Sec  Municipal  Assemhiy,  and  the  Various  Subjects  and  Ob- 
jects of  Leflislative  Action. 

vested  in  municipal  assembly 305  111  1 

of   mayor  and  assembly 320  III         2C 

[.A.NNOT.\TIOXR.] 

and  their  limitations,  general  note  thereon 315-319 

can  only  be  exercised  by  assembly  and  mayor,  not  by  reso- 
lution  or   permit 318 

city  not  liable  for  non-enforcement  of  its 319 

how  far  opening  of  streets  is  an  exercise  of 382 

LEGISLATIVE  PROCEEDINGS— 

See  Municipal  Assembly;  Ordinances. 

LEVEE— 

See  Harbor  and  Wharf  Department. 

LEVEE   R.VTES— 
See  Wharfage. 

LIABILITY  OF  CITY.  OR  OFFICERS,  FOR  DAMAGES— 
Sec  Damages. 

LICENSE  COLLECTOR— 

[annotatio.ns.] 
license  tax  collected  by 376 

LICENSES— 

power  to  license  trades,  avocations,  etc.  (clause  5) 329  III        26 

power  of  assembly  to  provide  for  levy  and  collection  of....         369  V  4 


500 


INDEX  TO  CHARTER. 


Index  to  Ordinances  at  end  of  Rev.  Code. 

Index  to  Scheme,  pp.  279-2SG. 

Index  to  .S7a«e  Laics  for  St.  Louis,  pp.  225-256. 


bank  licenses,  how  issued.  .  .  . 

blanks  to  be  returned 

for  use  of  water,  how  issued. 


PAGE. 

ART. 

SEC. 

369 

V 

5 

370 

V 

■S 

429 

VII 

10 

[annotations.] 
collections  for,  now  transferred  by  statute  to  License  Col- 
lector   356,  376 


LICENSES  AND  LICENSE  TAXES— 

power  of  city  to  license,  tax  and  regulate  various  trades,  vo- 
cations and  other  subjects  enumerated   (clause  5) 


329 


[annotations.^ 

power  of  city  given  by  constitution 330 

when  valid,  and  when  void 330-331 

LIENS  (of  Special  Tax  Bills)  — 

street  openings 


other  special  tax  bills 

limitation  of   

[  A  N  NOT.^TIONS.] 

of  special  tax-bills 

of  void  special  tax-bill  cloud  on  title. 


of  special  tax  against  two  lots,  when  erroneous .j  405 

of  special  tax-bills,  when  attaching 

LIGHTS — 

use  of,  in  stables,  shops,  etc.,  may  be  regulated  (clause  12  i  . 

LIMITATIONS— 

of  lien  on  special  tax  bill 

[annot.\tio\s.] 
statute    of,   not    running   against    city    so   as   to    lose    its 

property   

but  runs  in  favor  of  city 

of  actions  on  special  tax  bills 

LIQUORS— 

may  regulate  inspection  of  (clause  7) 


LIVERY  STABLES— 

power  to  license,  tax  and  regulate  (clause  .')!. 
may  regulate  use  of  light  in  (clause  12) 

LOANS— 

See  Borrow  Money. 

LOGS— 

power  to  collect  wharfage  on  (clause  4) 

LOT— 

meaning  of  term  as  used  in  charter 

[annot.\tions,] 
meaning  of 

LOTTERY  TICKET  DEALERS— 

power  to  liaense.  tax  or  suppress   (clause  .'>). 

LUMBER— 

power  to  collect  wharfage  on   (clause  4) 

inspection  of  (clause  7) 

LUNG  TESTERS— 

power  to  tax,  regulate  or  suijpress  (clause  5)  . 


330 
337 


III         26 


388 
(414 

M26 

(445 

415 

VI 
VI 
VI 
XII 
VI 

5 
25 
29 

G 
2.") 

/389 

1416 

420 

(399 

■^405 

(410 

420 

337 

III 

26 

415 

VI 

25 

384 
384 
419 

III  26 


III 
III 


26 
26 


329 

III 

26 

397 

VI 

14 

399 

330 

III 

26 

329 

III 

26 

333 

III 

26 

330 


III         26 


INDEX  TO  CHARTER. 


501 


Index  to  Ordinames  at  end  of  Rev.  Code. 

Index  to  Scheme,  pp.  279-280. 

Index  to  state  Laws  for  St.  Louis,  pp.  225-256. 


\1 

.MAGNIFYING  GLASSES—  I"A<:k. 

power  to  license,  tax  or  suppress  (clause  ;">) 330 

MAINTENANCE— 

I  380 

ill  contracts  for  public  work ■!  -qj 

(403 

[.\N.NOTATI0.NS.] 

clause  for.  effect  of,  in  contracts  for  public  work 402 

MANDAML'S- 

[.\N  NOTATIONS.] 

against  mayor  to  revoKe  void  permit 352 

compelling  approval  of  bonds  by 3G2 

compelling  city  to  pay  its  oonds  by 367 

of  auditor  denied  where  no  api>ropriation 371 

against  school  board  to  compel  tax  levy 448 

to  recover  salary   due  officer 460 

MAMFACTURE— 

of  articles  detrimental  to  health  may  be  prevented  (clause  6)  332 

MARINE  RAILWAYS— 

municliial  assembly  may  regulate  same  (clause  4) 329 

MARKET  PRODUCTS— 

may  restrain  and  punish  forestalling  of,  etc.  (clause  7) 334 

■MARKETS- 

power  to  erect,  purchase  or  rent  (clause  3) 328 

(ity  may  designate  place  in  city  for  sale  of  articles  (clause 

7»    334 

condemnation   of   privati   property   for 385 

MARRIAGES — 

[lower  to  enforce  registration  of   ( clause  5 ) 330 

health  commissioner  to  provide  for  registration  of 444 

.MARSHAI.— 

See  "Marshal"  in  Index  to  Scheme:  also  in  Revised  Code. 

shall  be  elected  for  four  years 344 

may  have  such  deputies  as  are  provided  by  ordinance....  351 

duties  of  358 

to  serve  notice  of  special  tax  bills ,' 

shall  iveep  a  dialled  account  of  the  receipts  of  money :!.'n 

shall    report    receipts   and    delinquencies   monthly   to  conip 

troller   '•■'•^ 

may  appoint  deputies  with  approval  of  mayor 35s 

.      ,  I  3ia 

>■«?<"■'  °f    |3ti4 

to  serve  process  of  circuit  court,  when 388 

action  against  for  false  return  414 

MASQUERADES— 

power  10  license,  regulate  or  suppress  (clause  5).  :'•'■'■'< 

MAYOR— 

to  order  an  election  to  fill  vacancy  in  assembly :;uu 

to  order  a  new  election  in  case  of  a  tie  vole 306 

to  approve  or  disapprove  ordinances  within  ten  days 313 

may  approve  or  reject  items  of  appropriation,  when 311 


.Mtr. 

SKC. 

II! 

26 

VI 

1 

VI 

14 

VI 

15 

VI 

17 

111 

26 

TTT 

20 

in 

26 

III 

20 

111 

26 

VI 

2 

III 

26 

XII 

4 

IV 

1 

IV 

14 

IV 

31 

IV 

31 

VI 

25 

IV 

31 

IV 

31 

IV 

31 

IV 

47 

IV 

48 

VI 

0 

VI 

25 

III 


III 

7 

III 

8 

III 

23 

III 

24 

502 


INDEX  TO  CHARTER. 


■  Index  to  Ordinances  at  end  of  Rev.  Code. 
Index  to  Hcheme.  pp.  279-2S6. 
Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 


PAGE. 

to  submit  to  assembly  statement  of  items  objected  to 314 

to  transmit  statement  of  items  objected  to,  to  register,  when  314 

veto  of  ordinances  3^4 

veto — how  disposed  of  in  assembly 314 

legislative  powers  of  mayor  and  assembly. 320 

and  assembly,  authority  concerning  election  for  bond  issues.  321 

summary  power  of  in  reference  to  nuisances  (clause  6)....  332 

to  be  elected  for  four  years 344 

officers  appointed  by 345 

first  appointment  under  charter  to  be  for  two  years 345 

subsequent  appointments  to  be  made  at  beginning  of  third 

year  of  mayor's  term 345 

shall  appoint  board  of  public  Improvements 345 

may  suspend  elected  officers 34G 

may   temporarily   fill   vacancies 34G 

shall  notify  council  of  the  suspension  of  elective  officers. . . .  347 

shall  present  charges  to  council 348 

shall  furnish  copy  of  charges  to  officers 348 

removal  of  appointive  officers  by 348 

shall  notify  council  of  such  removal 348 

may  temporarily  fill  vacancies,  when 348 

may  remove  officers  elected  by  council 348 

appointment  by  mayor,  no  confirmation,  when 348 

shall  fill  vacancies  created  by  council 348 

appointments  by  mayor  to  be  confirmed  by  council 348 

may  continue  to  nominate  until  nominee  is  confirmed 348 

new  nominations  to  be  made  within  ten  days  from  rejection 

of  nominee 348 

(349 

qualifications  of  mayor   J  351 

1352 

not  required  to  devote  entire  time  to  the  duties  of  office 350 

to  remove  or  suspend  officer  failing  to  devote  entire  time  to 

duties   of   office 350 

removal    of    mayor 350 

vacancy  in  mayor's  office,  how  filled 350 

may  remove  any  assistant  for  cause 351 

office  to  be  in  City  Hall 351 

to  be  chief  executive  officer  of  city 351 

general  duties  of  mayor 351 

to   enforce   laws  and   ordinances 351 

may  remit  fines,  costs,  forfeitures  and  penalties,  when 351 

may  appoint  persons  to  examine  departments 351 

absence  or  incapacity  of  mayor,  how  provided  for 352 

may  call  special  session  of  assembly 352 

permanent  residence  of,  to  be  within  city 352 

may  authorize  legal  proceedings 353 

shall  approve  requisition  in  payment  of  public  debt 353 

to  approve  bond  of  comptroller 353 

to  approve  temporary  loans  to  meet  judgments •   353 

to  api)rove  acts  of  comptroller,  when 353 

to  execute  quitclaim  deeds,  when 353 

to  approve  bond  of  auditor 354 

to  select,  with  comptroller  and  treasurer,  bank  for  current 

deposits  of  city  funds 355 

official  acts  to  be  attested  by  register 355 

to  approve  bond  of  collector 35C 

may  direct  prosecution  of  cases  before  justices  of  the  peace  356 

may  designate  places  for  police  courts,  when 357 

to  approve  all  contracts  by  commissioner  of  supplies 357 

process  or  orders  to  be  executed  by  marshal 358 

city  counselor  to  advise  mayor 358 

may  require  reports  from  city  coiinselor 359 

isay  direct  city  counselor  to  aid  city  attorney 359 

shall  order  suits  to  be  commenced  against  delinquent  officers  362 

may  settle  disputes  between  officers  respecting  their  duties.  363 


ABT. 

SEC. 

Ill 

24 

III 

24 

III 

25 

III 

25 

III 

26 

III 

26 

III 

26 

IV 

1 

IV 

2 

IV 

2 

IV 

2 

IV 

3 

IV 

5 

IV 

5 

IV 

6 

IV 

6 

IV 

6 

IV 

7 

IV 

7 

IV 

7 

IV 

7 

IV 

8 

IV 

S 

IV 

9 

IV 

9 

IV 

9 

IV 

10 

IV 

15 

IV 

19 

IV 

n 

IV 

11 

IV 

12 

IV 

13 

IV 

14 

IV 

14 

IV 

15 

IV 

16 

IV 

16 

IV 

16 

IV 

16 

IV 

17 

IV 

IS 

IV 

19 

IV 

20 

IV 

20 

IV 

20 

IV 

20 

IV 

20 

IV 

20 

IV 

21 

IV 

22 

IV 

23 

IV 

24 

IV 

26 

IV 

27 

IV 

29 

IV 

31 

IV 

32 

IV 

32 

IV 

32 

IV 

43 

IV 

44 

INDEX  TO  CHARTER. 


503 


Index  to  Ordinances  at  end  of  Rev.  Code. 

Index  to  Scheme,  pp.  279-28C. 

Index  to  67a<e /^an's  for  St.  Louis,  pp.  225-256. 


shall   enforce  contracts 

shall  submit  annual  reports  with  messase  to  assembly 

shall  till  vm  ancles  created  by  commissioners  of  charitable 
institutions    

shall  not  reappoint  any  person  removed  by  commissioners. . 

may  allow  accounts,  when 

duty  in  reference  to  collector's  bond 

shall  approve  the  suspension  of  work  on  contract 

shall  approve  bond  of  assessor  and  collector  of  water  rates. . 

may  suspend  assessor  and  collector  of.  when 

shall  approve  apointments  of  park  commissioner 

shall  demand  proceeds  of  O'Fallon  Park  bonij^,  when 

to  approve  deputies  and  assistants  of  harbor  and  wharf 
commissioner    

to  be  notified  of  surrender  of  street  railroad  franchises.... 

shall  appoint  chief  of  fire  department 

shall  approve  appointments  by  chief 

shall  approve  purchases  by  chief 

shall  ai>prove  recommendations  to  the  commissioner  of  sup- 
plies,   when     

shall   appoint   health   commissioner 

may  remove  same   

shall  be  member  and  president  of  board  of  health 

shall  ai)polnt  superintendent  of  city  hospital 

shall  appoint  superintendent  of  female  hospital 

shall  appoint  superintendent  of  Insane  asylum 

shall  appoint  suiierintendent  of  quarantine 

shall  ai)prove  contracts  for  abatement  of  nuisances 

proclamation  of  in  time  of  epidemics 

may  forfeit  contract  for  printinK.  when 

may  approve  temporary  contract  for  printing,  when 

shall   promulgate  Scheme  and   Charter 

shall  execute  appeal  bonds  for  city 

Okkickks  ArroiNTKn  by  Mayor  U.noer  Charter  Provisions — 

City  Counselor   

Superintendent  House  of  Refuge 

Suiierintendent  Work  House 

Commissioner  of  Supplies 

Assessor  and  Collector  of  Water  Rates 

Superintendent  of  Fire  and  Police  Telegraph 

Jailer    

(  2 )  Police  Justices  

City  Attorney   

(5>    Commissioners  on   Charitable   Institutions 


District  Assessors   . . . 

Street    Commissioner 
Sewer  Commissioner 


Water    Commissioner    

Harbor  and  Wharf  Commissioner 

Park  Commissioner 

Gas  Commissioner,  wh»Mi 


Chief  of  Fire  Department 
May  flu   vacancies,  when.. 


Health  Commissioner 

(2)  Members  of  Board  of  Health. 


PAGE. 

ART. 

SEC. 

S64 

IV 

46 

364 

IV 

47 

365 

IV 

49 

365 

IV 

49 

371 

V 

13 

376 

V 

30 

423 

VI 

28 

429 

vir 

S 

429 

VII 

9 

431 

VIII 

9 

432 

VIII 

5 

433 

IX 

2 

439 

X 

3 

441 

XI 

1 

441 

XI 

1 

442 

XI 

2 

442 

XI 

2 

443 

xir 

1 

443 

XII 

1 

443 

XI I 

•) 

444 

XII 

5 

444 

XII 

5 

444 

XII 

5 

444 

XII 

5 

446 

XII 

7 

446 

XII 

S 

451 

XV 

1 

451 

XV 

1 

453 

XVI 

5 

453 

XVI 

6 

345 

IV 

2 

345 

IV 

2 

345 

IV 

2 

345 

IV 

2 

345 

IV 

2 

345 

IV 

2 

345 

IV 

2 

345 

IV 

2 

345 

IV 

0 

345 

IV 

2 

(345 

IV 

2 

\371 

V 

15 

345 

IV 

3 

345 

IV 

3 

(345 

IV 

3 

U27 

VII 

1 

(346 
\433 

IV 

3 

IX 

2 

I  345 

IV 

3 

1  430 

VIII 

1 

345 

IV 

« 

441 

XI 

1 

f  :mi; 

IV 

5 

348 

IV 

8 

365 

IV 

49 

443 

XII 

1 

443 

XII 

3 

504  INDEX  TO  CHARTER. 


{ 


AKT. 

SEC. 

XII 

5 

XII 

5 

XII 

5 

XII 

5 

Index  to  Ordinances  at  end  of  Rev,  Code. 

Index  to  Scheme,  pp.  279-286. 

Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

PAGE. 

Superintendent  of  City  Hospital 444 

Superintendent  of  Female  Hospital 444    ' 

Superintendent   of   Insane   Asylum 444 

Superintendent   of  Quarantine 444 

OmcEKS  Ari'oiNTKi)  nv  Mayor  U.nuer  Oiii)i.\.\NCE  Pkovisio.ns — 
See  Index  to  Revised  Code  under  "Mayor." 

Officers  Appointed  by  Mayor  U-Mier  State  St.\ti'tes — 
See  Index  to  State  Laics  for  St.  Louis,  under  "Mayor." 

[annot.\tio.ns.] 

duties  formerly  of  county  court,  transferred  to 293 

contest   of  election   of 335 

remission  of  fines  by 351-352 

cannot  act  alone,  where  ordinance  required,  permit  void.  .        <  oij, 

mandamus  to  revoke  illegal  permit  from 352 

is  city  officer,  not  state  officer 362 

MEAL— 

may  regulate  inspection  of  (clause  7) 333  III         26 

MEASURER— 

See  Inspector  of  Weights  and  Measures. 

inspector  of,  duties  and  compensation 358  IV         30 

MEASURES— 

power  to  regulate  and  establish  standard  of  (clause  7)....         333  III         26 

power  to  provide  for  inspection  of  (clause  7) 333  III         26 

MEAT — 

may  regulate  inspection  and  vending  of  (clause  7) 334  III         26 

MEAT   SHOPS— 

power  to  establish,  license  and  regulate  same  (clause  3)  .  . .  .         32S  III         26 

MENAGERIES— 

power  to  license  or  suppress  i  clause  5 ) 330  III         26 

MERCANTILE  AGENTS— 

power  to  license,  regulate  or  suppress   (clause  5) 330  III         26 

MERCHANTS— 

power  to  license,  tax  and  regulate  (clause  5) 329  III         26 

METROPOLITAN  POLICE— 
See  Police. 

MILK— 

may  regulate  inspection  of   (clause  7) 334  III         26 

[annotations.] 
ordinances  for  inspection  of  upheld ■[  qqq 


INDEX  TO  CHARTER. 


506 


'  Index  to  Ordinances  at  end  of  Rev.  Code. 

Index  to  Scheme,  pp.  279-28C. 
[Index  to  State  Laws  for  St.  Louis,  pp.  225  25C 


.MISSISSIPPI   RIVER—  PAGE. 

eastern  boundary  of  city 295 

power  to  Kiilde  and  deflect  current,  construct  Improvement 

in  harbor,  etc 329 

definition   of   liarbor 43;! 

city's   jurisdiction   of 435 

l.\N  NOTATIONS.] 

free  bridKe  ovei" — See  Bridges;  Bonds. 

jurisdiction    over    290 

is  hlKlnvay.  obstruction  of.  etc 29G 


AKT.  SKC. 

I  2 

III  -'r, 

IX  3 

IX  4 


.MOLASSES— 

may  regulate  Inspection  of  (clause  7). 


333 


MONEYS— 

power  to  borrow  on  credit  of  city  (clause  1)... 
power  to  appropriate  money  of  city  (clause  1). 
to  be  deposited  in  banl<s 


all  collections  to  be  paid  Into  city  treasury. 


failure  of  officers  to  pay  over, 
classification  of  funds 


shall  not  be  paid  out  of  treasury  except  on  auditor's  warrant 

shall  not  be  expended  except  by  ordinance 

collected  from  water  works,  how  applied 

collected  from  harbor  tax,  etc.,  how  applied 

penalty  for  misapplication  of 


320 

III 

26 

320 

III 

26 

354 

IV 

22 

354 

IV 

22 

351) 

IV 

24 

358 

IV 

30 

^  370 

V 

7 

3"(i 

V 

31 

42!t 

VII 

9 

1401 

XVI 

IS 

362 

IV 

43 

369 

\' 

0 

(370 

V 

11 

l  450 

XIV 

•> 

371 

y 

It 

429 

VII 

1  1 

434 

IX 

1 

458 

XVI 

11 

[axxotations.] 
power  of  city  to  borrow.  . . 


.MO.VOPOLY— 

[axsotatioss.] 

city   cannot   confer   franchise   creating 

of  material  selected  by  B.  P.  I.  for  street  improvements.  . 

Mfl.LANPHY   BEQUEST— 

administration   of    

board  of  thirteen  members  to  be  elected  by  council 

not  more  than  five  shall  reside  in  any  one  congressional  dis- 
trict    

board  to  receive  no  compensation .  . 

MTNICIPAL   ASSEMBLY— 

Sec  Lcpislative  Powers:    Ordinances:    Vole. 

to  establish  corrected  ward  limits  every  five  years 

correction   to  be  based   on   number  of  registered   voters  in 
each  ward    


322 


1315 
\440 

402 


453 
453 

453 
4.".:! 


303 


legislative  power  of  city  vested  in 

to  be  composed  of  two  houses , 

style  of  assembly   

council  to  consist  of  thirteen  members  elected  at  large. 


quailficallons  of  members  of  council. 


XVI 
XVI 


XVI 
XVI 


303 

I 

4 

1305 

III 

1 

\320 

III 

26 

305 

III 

1 

305 

III 

1 

305 

III 

O 

r305 
305 

III 

2 

III 

6 

348 

IV 

10 

352 

IV 

19 

506  INDEX  TO  CHARTER. 

(  Index  to  Ordiiiances  at  end  of  Rev.  Code. 

i  Inde.x  to  Scheme,  pp.  279-28G. 

(index  to  State  Laws  for  St.  Louis,  pp  225-256. 

PAGE. 

terms  of  members  of  council  first  elected 305 

house  of  delegates  to  be  composed  of  one  member  from  each 

ward    305 

delegates  to  be  elected  every  two  years 305 

r305 

qualifications  of  members  of  house  of  delegates J  ^V^ 

I  352 

not  to   be  interested  in  city  contracts 305 

corrupt   practices   or   crimes 306 

members  ceasing  to  possess  qualifications  to  forfeit  office..  306 

vacancies  in  assembly,  how  filled 306 

each  house  to  appoint  its  own  officers 306 

tie  vote  to  be  certified  to  mayor 306 

each  house  may  adopt  rules  to  govern  proceedings 306 

may  expel  members  by  two-thirds  vote 306 

each  house  may  arrest  and  punish  for  contempt 307 

presiding  member  of  council  to  be  designated  "president".  .  307 

president  to  be  elected,  as  such  on  general  ticket 307 

presiding  officer  of  house  of  delegates  to  be  designated  as 

"Speaker" 307 

majority    of    members    elect    of   each    house    necessary    for 

quorum   307 

consent  of  both  houses  necessary  for  adjournment  for  more 

than  seven  days  307 

may  adjourn  from  day  to  day 307 

power  as  to  election  and  return  of  qualification  of  members  306 

session  of  each  house  to  be  held  with  open  doors 307 

two  members  may  demand  yeas  and  nays 307 

journal   of   proceedings 307 

members  to  be  ineligible  for  office  during  term 307 

members  of  cannot  hold  another  office 307 

no  member  to  be  an  employe  of  city  during  term 307 

one  session  of  the  assembly  to  be  held  annually 308 

session  to  commence  the  third  Tuesday  in  April 308 

style  of  ordinances  310 

origin,  amendment  and  passage  of  bills 310 

bills  not  to  contain  more  than  one  subject  to  be  clearly  ex- 
pressed   in   title  except    appropriation 310            III         13 

certain   bills  to  be   reported  within   40  days   from   time  of 

reference  to  committee   310            III         13 

in  case  of  failure,  bill   will  be  considered  before  house  or 

council     310 

to  be  acted  upon  by  committee  of  the  whole 310 

compensation   of  members    311 

members  absent  without  leave  to  forfeit  one  dollar 311 

to  assess,  levy  and  collect  taxes I  „gg 

to  condemn  private  property  (clause  2) 322 

to  borrow  money  on  the  faith  and  credit  of  the  city  (clause 

1)   320 

to  appropriate  money  of  the  city <  .,f. 

to  establish,  open,  vacate  and  improve  streets,  etc.  <clause2)  322 
to    provide    for   grading,    lighting,    cleaning   and    repairing 

streets   (clause  2) 323            III         26 

to  construct  and  keep  in  repair  bridges,  sewers,  etc.  (clause 

2 )    323 

to  control  water-courses  (clause  2) 323 

to  establish  and  maintain  water  works  (clause  2) 323 


ART. 

SEC. 

Ill 

3 

4 

4 

5 

6 

10 

19 

6 

6 

6 

7 

S 

8 

S 

8 

8 

8 

8 

8 

8 

8 

8 

8 

8 

9 

9 

10 

10 

10 

11 

11 

12 

13 

III 

13 

III 

13 

III 

14 

111 

14 

III 

26 

V 

1 

III 

26 

III 

2C 

III 

26 

XIV 

9 

III 

26 

III 

2S 

III 

26 

III 

26 

INDEX  TO  CHARTER.  607 

I  Index  to  Ordinances  at  end  of  Rev.  Code. 

J  Index  to  Scheme,  pp.  279-28G. 

(index  to  .S7a?e  Laits  for  St.  Louis,  pp.  225-256. 

to  establish  a  sanitary  system  (clause  2) 

to   estnbllsii    and    maintain    a    police    and    fire   department 

clause  2 )    

forbidden  to  abolish  metropolitan  police  system  (clause  2)  . 

to  erect,  purchase  or  rent  city  hall   (clause  3) 

to  erect,   purchase  or   rent   work   house,  poor  house,   house 

of  correction  and  Insane  asylum  (clause  3) 

to  establish  market  places  and  meal  shops  (clause  3) 

to  license  and  regulate  same  ( clause  3 ) '. 

to    improve,    regulate,    sell     or     lease,    parks     and     public 

grounds,  etc \  431 

to  Improve  harbor   ( clause  4 ) 

to  control  currents  of  the  river  (clause  4) 

to   erect,    repair   and    regulate    public    wharves    and    docks 

( clause  4  t    

to  regulate  marine  railways   (clause  4) 

to  regulate  and  license  ferries,  tow-boats,  etc.  tclause  4)... 
to  sell  terry  privileges  and  establish  ferry  rates  (clause  4) 
to  create  office  of  port  wardens  and  define  duties  (clause  4)  . 
to  regulate  mooring  of  vessels  and  wharf-boats  (clause  4).. 
to  collect  wharfage  and  tonnage  dues  and  levee  rates  (clause 

4)    

to  lease  portions  of  unpaved  wharf  (clause  4) 

no  lease  of  wharf  to  exceed  fifty  years  (clause  4) 

to  license,  tax  and  regulate  all  kinds  of  business,  trades,  etc. 

( clause  5 )    

to  fix  rates  for  carriages,  wagonage,  drayage,  etc.  (clause  5) 

to  regulate  the  width  of  tires  (clause  5) 

to   license,   tax    or   suppress   occupations,   amusements,    etc. 

( clause  5 )    

to  suppress  prize  fights,  gambling,  etc  (clause  5) 

to    enforce    registration    of    births,    marriages,    and    deaths 

( clause  5 )    

to  regulate  quarrying  stone  within  city  (clause  G) 

to  establish  quarantine  and  sanitary  regulations  (clause  G). 
to  regulate  slaughtering  of  animals  and  provide  for  erection 

of  abattoirs   ( clause  6 ) 

to  prevent  driving  of  stock  through  the  city  (clause  6) 

to  prohibit  erection  of  soap  factories,  stock-yards,  slaughter 

houses,   etc.    (clause   6) 332  111         26 

to  regulate  and  prevent  any  business  dangerous  to  health 

(clause    G)     , 332  III         2G 

to  establish,  regulate,  etc.,  standard  of  weights  and  meas- 
ures   (clause   7)     

to  provide  for  inspection  of  weights  and  measures  (clause?) 

to  provide  for  inspection,  etc..  of  lumber  (clause  7) 

to  provide  for  inspection  of  steam  boilers,  etc.   (clause  7). 

to  license  engineers  ( clause  •  I 

to  provide  for  inspection  of  beef.  pork,  flour,  meal,  oil,  etc. 

(Clause  7)    333  III         20 

lo  provide  for  inspection  and  weighing  of  hay,  coal,  and  all 

kinds  of  fuel  (clause  7)   i 334  111         2G 

to  provide  for  Inspection   of  butter,  cheese  and  other  pro- 
visions  ( clause   7 )    

to  reg\ilate  weight  and  quality  of  bread   (clause  7) 

to  regulate  price  and  quality  of  gas  (clause  7) 

to  provide  for  inspection   of  meat,   poultry,  fish  and   vege- 
tables   (clause   7) 334  111 

to  designate  places  where  such  articles  may  be  sold  (clause 
7)    


PAGE. 

.\iii. 

SKC. 

323 

Ill 

26 

323 

III 

26 

323 

III 

20 

328 

III 

20 

328 

III 

20 

328 

III 

26 

328 

III 

20 

f  328 

111 

20 

\431 

VIII 

4 

329 

III 

26 

329 

III 

26 

329 

in 

26 

329 

III 

26 

329 

III 

26 

329 

in 

26 

329 

III 

26 

329 

III 

26 

(329 

III 

26 

■.369 

y 

4 

329 

III 

2G 

329 

III 

2G 

329 

III 

26 

330 

III 

26 

330 

III 

20 

330 

III 

20 

330 

III 

26 

330 

III 

26 

332 

III 

26 

332 

III 

26 

332 

III 

26 

332 

III 

26 

333 

26 

333 

26 

333 

26 

333 

26 

333 

20 

334 

III 

26 

334 

III 

26 

334 

111 

26 

334  III         36 


508  INDEX  TO  CHARTER. 

!  Index  to  Ordinances  at  end  of  Rev.  Code. 
Judex  to  Scheme,  pp.  279-286. 
Index  to  .S7a<e  Laics  for  St.  Louis.  i)p.  225-256. 

to  restrain  and  punish  forstalling  (clause  7) 

to  declare  and  abate  nuisances  (clause  6) 

to  regulate  or  suppress  hawkers   (clause  5) 

to   regulate   and    provide    for   election   and    appointment   of 

officers    ( clause  8 ) 

to  provide  for  suspension  and  removal  of  officers  (clause  8) 
to  establish  salaries  of  officers  and  employes  (clause  8) .  . .  . 
to  restrain  and  prevent  riots  and  disturbances  (clause  9).. 
to  restrain  or  prevent  dangerous  amusements  (clause  9)  .  .  .  . 
to  regulate  or  prohibit  running  at  large  of  stock  (clause  9)  . 
to  prevent  and   remove  obstructions  on  sidewalks,   streets, 

etc.   ( clause  9 )    

to  regulate  and  prohibit  building  of  vaults  under  sidewalks 

(clause  9 )    

to  impose  and  collect  fines,  forfeitures  and  penalties  (clause 

10)    

to  authorize  commitments  to  work  house  (clause  10) 

power  respecting  offices  and  officers 

to  protect  rights  of  the  city  in  any  corporation  (clause  11) . 
to  have  sole  authority  to  grant  railway  franchises   (clause 

11)    

to  regulate  and  control  railway  franchises   (clause   11).... 

work  on  franchises  to  be  begun  within  one  year  (clause  11)  . 

free  passes  on  street  railways  forbidden   (clause  11) 

may  authorize  examination  of  premises  in  reference  to  clean- 
liness aud  safety   ( clause  12  ) 

may  remove  dangerous  walls  or  buildings,  or  require  owners 
to  do  so  (  clause  12  ) 

may  regulate  storage  of  gunpowder,  dynamite  aud  other  dan- 
gerous compounds  (   clause  12  ) 

may  regulate  the  use  of  lights  and  candles  in  stables  and 
other  places    (clause   12) 

may  remove  or  prevent  construction  of  fire-places,  chimneys, 
etc.   ( clause  12 )    

may  direct  safe  deposit  of  ashes  and  otl>er  dangerous  rub- 
bish   ( clause  12  )    

may  regulate  building  of  partition  fire-walls,  smoke-stacks, 
etc.   (clause  12 )    

may  provide  for  safe  construction  of  buildings   (clause  12)  . 

may  regulate  or  prohibit  wooden  buildings  within  prescribed 
limits    ( clause   12 )    

may  compel  persons  to  aid  in  extinguishing  fires  (clause  12) 

may  compel  owners  of  buildings  to  have  scuttles  on  roof 
(clause  12)    « 

may  provide  for  the  support  and  maintenance  of  insane 
persons   (clause  13)    

may  provide  for  the  support  and  maintenance  of  poor  per- 
sons ( clause  13 )    

may  exercise  power  of  county  court  in  assessment  and  col- 
lection of  state  revenue  (clause  I'i) 

may  pass  ordinances  to  maintain  peace  and  good  govern- 
ment (clause  14)    

may  enforce  ordinances  by  fine  and  penalty  (clause  14) ... . 

fines  and  forfeitures  limited    (clause  14) 

may  purchase,  rent  or  lease  real  or  personal  itroperty 
(clause  14)    

may  provide  for  taking  census  of  city  (clause  14) 

shall  enact  laws  to  secure  safety  from  fires  in  halls  and 
buildings    

forbidden  to  remit  taxes  or  compromise  claims   

payment  of  damages  prohibited  except  by  a  two-thirds  vote 

gifts  or  donations  or  compromise  forbidden,  when 


p.\(:f. 

,\)!T. 

SEC. 

334 

Ill 

26 

332 

III 

26 

330 

III 

26 

334 

III 

26 

334 

III 

26 

334 

III 

26 

335 

III 

26 

335 

III 

26 

335 

III 

26 

335 

III 

26 

335 

III 

26 

336 

III 

26 

336 

III 

20 

334 

III 

26 

342 

III 

32 

1361 

IV 

42 

1  363 

IV 

45 

330 

III 

26 

336 

III 

26 

336 

III 

26 

330 

III 

26 

336 

III 

26 

337 

III 

26 

337 

III 

26 

337 

III 

20 

337 

III 

26 

337 

III 

26 

337 

III 

26 

337 

III 

26 

337 

III 

26 

337 

III 

26 

337 

III 

20 

337 

III 

26 

338 

III 

26 

338 

III 

26 

338 

III 

26 

338 

III 

26 

338 

III 

26 

338 

III 

26 

338 

III 

20 

338 

III 

26 

339 

III 

27 

341 

III 

30 

341 

III 

30 

f341 

III 

30 

^343 

III 

33 

(4.5S 

.XVI 

11 

WnEX  TO  CHARTER. 


509 


AKT. 

SKC. 

HI 

:!! 

III 

HI 

III 

:n 

III 

:!2 

III 

:!2 

III 

■:a 

IV 

4 

IV 

IS 

IV 

18 

IV 

20 

IV 

27 

IV 

27 

IV 

27 

IV 

-'S 

IV 

29 

IV 

30 

IV 

30 

IV 

32 

IV 

32 

IV 


VI 


42 


{Index  to  Ordinances  at  end  of  Rev.  Code. 
Index  to  Sitieme.  pp.  279-28G. 
Index  to  N/n<e /^aip.";  for  St.  Louis,  pp.  22r>  ?5G. 

PAIiE. 

may  compel  attendance  of  witnesses   342 

may  compel  production  of  papers   342 

may  Issue  subpoena  duces  tecum   342 

power  to  (llstrll)Ule  powers  and  duties  of  officers 342 

power  to  abroKate  offices 342 

shall   enforce    restrictions   as   to   stone   quarries,   rendering 

factories,  etc 343 

shall  fix  bonds  of  city  officers 346 

special  sessions  of,  how  called 352 

same,  to  what  actions  to  be  confined,  etc 352 

comptroller  to  have  a  seat  In  either  branch  of 353 

may   increase   number  of   police  justices,   how 357 

may  divide  the  city  into  police  justice  dislriits 357 

may  provide  for  holding  i)ollce  courts,  when 357 

shall  define  the  duties  of  all  city  officers 357 

to  provide  for  i)urchase  of  supplies 357 

to  provide  for  inspection  of  scales,  weights,  etc 358 

to  fix  fees  for  such  Inspections  358 

may  require  reports  from  city  counselor 358 

may  require  legal  advice  from  same 359 

shall  provide  additional  duties  for  board  of  public  Improve- 
ments    361 

shall  provide  for  a|)|)olutnient  of  assistants  and  employes  of 

board   361 

power  to  create  offices  363 

to  establish  rates  of  tax 366 

power  to  Increase  rate  for  payment  of  public  debt 366 

for  erecting  public  buildings    366 

separate  sinking  funds  required,  when ■'  oSIl 

(  OOtf 

|)ower  to  levy  and  collect  wharfage,  etc .'  ~^^ 

I  oba 

appropriations  to  be  In  conformity  with  constitution 370 

limitation   of  ai>propriatlons 370 

all   ordinances  contemplating  payment  of  money  to  be  en- 
dorsed by  comptroller    370 

shall  establish  assessment   districts   371 

rate  of  taxes  shall  be  established  by  fourth  Monday  in  May 

of  each  year  ".  375 

same,  failure  to  do  so 375 

even*  Improvement  ordinance  to  contain  specific  appropria-  (  371 

tlon    \  423 

streets  to  be  established  by  ordinance  by 379 

vote  on   improvement   bills    403 

two-thirds  vole   necessary   to  pass  an  ordinance  for  public 

improvements,    when    403 

ordinances  for  all  public  work  to  be  recommended  by  board 

of  public  improvements  403 

forbidden  to  contract  for  public  work ' "}? ' 

(  464 

may  direct  by  ordinance  advertisements  for  bids 421 

may  authorize  by  ordinance  the  laying  of  water  pipe 428 

may  regulate  water  rates  429 

may  require  re|)ort  from  fund  commissioners 430 

shall  make  annual  appropriation  for  parks 431 

authority  of  to  sell  or  lease  parks,  squares,  etc  '  ,^5 

I  4qJ 

proceeds  to  be  paid  to  sinking  fund   432 

sale  or  lease  of  parks,  etc..  recommended  by  board  of  public 

Improvements  to  he  submitted  to  vote  of  people 432 

power  of  In  reference  to  street  railroads  435 

may  sell  franchise  or  right  of  way 435 

may  Impose  tax  per  capita,  or  may  tax  gross  receipts 435 

may   regulate  running  of  cars 438 

may  tax  property  of  companies.  .                                   43S 


IV 

42 

IV 

4.T 

\' 

1 

V 

I 

V 

1 

V 

1 

V 

6 

III 

26 

\' 

4 

V 

9 

V 

10 

V 

12 

V 

15 

V 

27 

V 

27 

V 

14 

VI 

2S 

VI 

1 

VI 

16 

16 


VI 

17 

VI 

27 

XVI 

1 

VI 

27 

VII 

:> 

VII 

11 

VII 

11 

VIII 

•> 

III 

2i; 

VIII 

4 

VIII 

4 

VIII 

4 

X 

1 

X 

1 

X 

1 

X 

«> 

X 

n 

510 


INDEX  TO  CHARTER. 


<  Index  to  Ordinances  at  end  of  Rev.  Code. 

•j  Index  to  Schevie.  pp.  279-280. 

I  Index  to  State  Laws  for  St.  Louis,  pp.  22.'.  2n6. 


PACE. 

may  regulate  rates  of  fare 43,S 

width  of  rail  prescribed 439 

shall  establish  a  uniform  gauge 439 

shall  keep  streets  in  repair  between  rail 439 

shall  require  conijjanies  to  give  bond 439 

shall  prescribe  regulations  for  one  railway  company  using 

the  tracks  of  another  440 

may  prescribe  duties  of  Health  Commissioner 443 

shall  fix  bond  of  Health  Commissioner 443 

shall    publish    abstract    of    proceedings    within    forty-eight 

hours  • 451 

two-thirds  vote  necessary  to  print  a  document  a  second  time  451 
shall  determine  the  number  of  the  mayor's  annual  messages 

to  be  printed   452 

to   provide  by  ordinance  for  the  regulation   of  public  pro- 
cessions      458 

penalty  for  members  voting  unauthorized  claims 458 

penalty  for  misapplication  of  public  funds 458 

oath    of   office    459 

may  inspect   books  of  Police  Commissioners 459 

shall  fix  salaries  of  all  officers 459 

shall  not  increase  same  during  the  term  of  office 459 

[axnot.^tions.] 

performs  duties  formerly  in  county  court 293 

members  of  not  to  be  interested  in  contracts     306 

payments  of  taxes  as  a  qualification  of  member 306 

vacancy  in,  how  filled   /  ^.!? 

is  sole  judge  of  qualification  of  members 307 

functions  of  presiding  officers  legislative 307 

journal    of.    as   evidence 307 

de  facto  member  cannot  recover  salary 311 

{•-11 5 

when  acts  legislative,  when  ministerial    !  j; 'J' 

powers  of.  must  not  conflict  with  constitution  or  statutes.  290 

powers  of,  emanate  only  from  the  charter 317 

cannot  legislate  by  resolution 318 

power  of,  to  compel  attendance  of  witnesses  and  punish 

for  contempt   -. 342 

special  sessions  of,  what  may  be  considered 352 

may  define  duties  of  officers 357 

members  of  are  city  officers 362 

power  to  create  offices    3G3 

delegation  of  authority  by — See  Delegation  of  Poioers. 
pow'ers  over  railways — .See  Street  Railivays :  Franchises. 

MUNICIPAL  BUILDINGS— 

city  may  erect,  purchase  or  rent  property  for  (clause  3)...  328 

bonds  f 01-  erection  of 320 

MUNICIPAL  COURTS— 

See  Police  Courts:    Police  Justices. 

MUSCLE   DEVELOPERS— 

power  to  license,  regulate  or  su])press  (clause  ''/) 330 


ART. 

SEC. 

X 

2 

X 

4 

X 

4 

X 

5 

X 

5 

X 

6 

XII 

1 

XII 

1 

XV 

2 

XV 

2 

XV 


XVI 

10 

XVI 

11 

XVI 

11 

XVI 

13 

XVI 

14 

XVI 

17 

XVI 

17 

III 
III 


III 


26 
26 


26 


N 


NAME— 

Sec  Corporate  Kaine. 


NAPHTHA — 

may  regulate  inspection  of   (clause  7)  , 


333 


III 


26 


[annotations.] 


[333 


III 

2C 

III 

L'O 

IV 

31 

VI 

25 

VI 

3 

VI 

14 

INDEX  TO  CHARTER.  511 

Index  to  Onliiianres  at  end  of  Rev.  Code. 

Iiide.x  to  Scheme,  pp.  279-28G. 

Inde.x  to  State  Imhs  for  St.  Louie,  pp.  225-25C. 

NITROGLYCERINE—  page.         akt.     sec. 

may  regiilatp  storage  of  (clause  12) 337             III         2C 

NOISE— 

may  restrain  and   prevent   (clause  9) 335             III         2C 

NOTES— 

power  oi  city  to  lioirow  money  on   (clause  1) 320 

no  note  to  be  made  for  longer  period  than  twelve  raontlis 

( clause  1 )    320 

NOTICE— 

See   Health    Department ;    Marshal:    Nuisances. 

of  special  tax  bill,  served  by  marshal i  ,., 

to  defendant   in  condemnation  proceedings 388 

for  street   improvements,  etc.,   hearing 395 

[annot.xtions.] 
of  meeting  of  H.  P.  1.  for  street  improvements,  materials, 

to  be  used,  etc 399 

of  letting  of  contracts  for  public  work 423 

NUISANCES— 

See  Health   Dei)artme>it. 

city  may  declare,  prevent  and  abate  (clause  G) 332 

summary  power  of  mayor  in  reference  to  (clause  C) 332 

on  private  property  to  be  abated,  when 405 

power  of  Health  Commissioner  in  reference  to '  ,,Z 

(  445 

condemnations  to  be  approved  by  board  of  health 444 

police  to  reiiort  to  health  commissioner 444 

action  of  board  of  health  to  be  final 444 

abatement  and  removal  of  445 

board  of  health  shall  officially  declare 445 

notification  to  owners   445 

penalty  for  failure  to  atiate 445 

non-residents,  how   notified 445 

notice    by    publication 445 

cost  of  abatement  to  be  assessed  as  special  tax,  shall  be  a 

lien,  and  how  collected 445 

contract  for  abatement 44G 


III 

26 

III 

2() 

VI 

19 

XII 

3 

XII 

6 

XII 

3 

XII 

4 

XII 

3 

XII 

G 

XII 

6 

XII 

6 

XII 

6 

XII 

6 

XII 

C 

XII 

6 

XII 

7 

see  references  to  discussions ■•  405 

(445 

street   railways  without  authority   in  streets  are 437 

abatement  of  by  board  of  health 445 

o 

OATH  OR  AFFIRMATION— 

for  members  of  municipal   assembly 

may   be  administered  by   president  of  council 

by  speaker  of  house  of  delegates 

by  chairman  of  committee  of  either  house 

register  to  preserve  all  taken  by  city  officers 

may  tie  administered  by  register 

every  officer  and  assistant  to  take 

for  member  of  assembly  and  all  city  officers 459         XVI         13 

OBSTRICTIONS— 

power   to    prevent   or    remove    on    sidewalks,   streets,   etc. 

(clauses)    335  III         2f> 

may  prevent  or  remove  (clause  9)  335  III         2C 

[annotations.] 
of   river — See   Mississippi    River. 
of  8tre«t8 — See  Streets.  Alleys,  etc. 


305 

HI 

6 

342 

III 

31 

342 

HI 

31 

342 

HI 

31 

355 

IV 

23 

355 

IV 

23 

361 

IV 

43 

512 


INDEX  TO  CHARTER. 


("Index  to  Ordinances  at  end  of  Rev.  Code. 

\  Index  to  Scheme,  pp.  279-286. 

( Index  to  State  Laws  for  St.  Lkjius,  pp.  22.^  25S 


OCCUPATIONS—  P.KCE.  ART.      SEC. 

See  Various  Occupations. 

power  to  license,  tax  and  regulate  (clause  5) 329  III         26 

OFFICE  BUILDINGS— 

power  to  license,  tax  and  regulate  (clause  5) 329  III         26 

OFFICE  HOURS— 

charter  provisions  regulating 350  IV         11 

[.\.NXOTATl()NS.] 

half  holiday  on  Saturday 350 

OFFICES  AND  OFFICERS — 

general  election  of   303 

I  305 
I  305 

qualifications  of  elected  and  ai)i)Ointed  officers '  348 

i  351 

\  352 

power  to  provide  for  election  or  appointment  of  (clause  8)  .  .         334 

power  to  provide  for  suspension  and  removal  of  (clause  8)         334 

power  to  establish  the  salaries  of   ( clause  8 ) 334 

salary  not  to  be  changed  during  term  (clause  8> 334 

salaried  officers  forbidden  to  receive  fees       .  <   ,';; 

(  461 

office  may  be  changed  and  abrogated,  transferred  and  dis- 
tributed— three-fourths    vote 342 

elective  officers  and  their  terms 344 

appointive  officers  and  their  terms 345 

first  appointments  under  charter 345 

bonds  of.  to  be  fixed  by  ordinance 346 

bonds  to  be  approved  by  mayor  and  council 346 

suspension  and  removal  of  346 

susi)ension  of  elected  officers  by  mayor 347 

vacancy   in   event   of  removal,  how  filled 348 

removal    of   appointed    officers 348 

vacancies,   how   filled 348 

removal  of  appointed  officers  by  council 348 

mayor  to  fill  vacancy  so  created  348 

appointments  by  mayor  no  confirmation,  when 348 

appointments  of  officers  by  mayor 348 

mayor's  nomination  to  be  confirmed  by  council 348 

council  to  elect  officers,  when 348 

shall  not  hold  any  state  or  federal  office 349 

officers  to  devote  entire  timo  to  duties 350 

hours  for  municipal   business 350 

removal  of  elected  officers  by  council 350 

vacancy  in  mayor's  office,  how  filled 350 

deputies  of  sheriff,  coroner  and   marshal 351 

all  offices  to  be  in  City  Hall  unless  otherwise  provided  by 

assembly     351 

remove!  of  assistants  of  any  officer 351 

mayor  to  be  chief  executive  officer  of  city 351 

absence  of  mayor,  how  provided  for 352 

permanent  residence  to  be  within  limits  of  citv    352 

(354 
I  356 
I  358 

collections  of  money  bv  to  be  deposited  in  treasury {  370 

1376 
I  429 
1  461 
duties  of  officers  to  be  defined,  increased  or  diminished  by 

assembly    357             IV 

additional  duties  may  be  required  of  members  and  board  of 

public   improvements   by   assembly 361             IV 

addiitional  assistants  and  employes 361             IV 


II 

1 

III 

2 

III 

5 

IV 

10 

IV 

15 

IV 

19 

III 

26 

III 

26 

III 

26 

III 

26 

III 

26 

XVI 

18 

III 

32 

IV 

1 

IV 

•> 

IV 

2 

IV 

4 

IV 

4 

IV 

5 

IV 

6 

IV 

6 

IV 

1 

IV 

( 

IV 

S 

IV 

8 

IV 

S 

IV 

9 

IV 

9 

IV 

9 

IV 

10 

IV 

11 

IV 

11 

IV 

12 

IV 

13 

IV 

14 

IV 

14 

IV 

14 

IV 

15 

IV 

17 

IV 

19 

IV 

22 

IV 

24 

IV 

30 

V 

7 

V 

31 

VII 

9 

XVI 

18 

28 


42 
42 


INDEX  TO  CHAKTER. 


513 


{ludex  to  Ordinances  at  end  of  Rev.  Code. 
Index  to  Scheme,  pp.  279-286. 
Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 


oath    for   city    officers 

bond   of   to   be  given    within   fifteen  days  after  election   or 

appointment    

term  "officers"  defined 

term  "fiscal  officers"  defined   

officers  to  forfeit  office,  when 

difficulties  between  to  be  settled  by  mayor 

new  offices  may  be  created  by  assembly — two-thirds  vote.  . . 

shall  make  annual  reports  to  mayor 

reports  of  comptroller,  auditor  and  treasurer 

reports  of  collector  and  marshal 

report  of  board  of  public  improvements 

settlements  of  officers  engaged  in  collection  of  revenue 

unused  blanks  to  be  returned 

proofs  of  all  printing  to  be  submitted  to 

criminal  liability  of  municipal  officers,  agents  and  servants. 

penalty  for  misapplication  of  public  funds 

penalty  for  allowing  unauthorized  claims 

no  salary  to  exceed  $.">.(iiiO  per  annum 

salary  of  deputy  limited  to  $2,500 

salary  of  clerk  to  $1.S0() 

fees  and  perqui-sites  of  to  be  paid  Into  treasury. 

all  salaries  to  be  paid  monthly '. 

continued  in  office  until  April,  1877 

[annotations.] 
transfer  of  former  county  functions  to  corresponding  city 

functionaries    

de  facto  member  of  assembly  cannot  recover  salary 

de  facto  officers 

de  facto  officers,  whether  can  recover  salary 

ordinances  of  de  facto  body,  when  valid 

street  openings  begun  under  old  charter  valid  on  de  facto 

principle     


PACK. 

ART. 

SEC. 

SGI 

IV 

43 

361 

IV 

43 

361 

IV 

43 

361 

IV 

43 

362 

IV 

43 

363 

IV 

4  1 

363 

IV 

■1.". 

364 

IV 

47 

364 

IV 

48 

364 

IV 

48 

364 

IV 

48 

370 

V 

8 

370 

V 

8 

452 

XV 

3 

458 

XVI 

11 

458 

XVI 

11 

458 

XVI 

11 

461 

XVI 

18 

461 

XVI 

18 

461 

XVI 

18 

461 

XVI 

18 

461 

XVI 

18 

461 

XVI 

20 

assembly  may  abolish  office,  salary  ceases. 


power,  of  assembly  over 

election  and  terms  of  officers. 

vacancy,    when    exists 


removal   of.   discussed 

removal  of  by  commissioners  of  charitable  institutions, 
appointment  of  officers,  etc. — See  Appointments. 

qualifications  necessary  for  office 

not  to  be  interested  in  city  contracts 

time  devoted  to  duties   

assistants  to  officers 

defining  duties  of  officers 

definition    of   officers 

what  are  state  officers,  or  city  officers,  etc 

right  of  resignation   

liability    of    

presumption   of   right  acting  by   officers 


O.MNlUrSES— 

power  to  license,  tax  and  regulate  (clause  5) . 


ORDIN.VRIES— 

power  to  regulate,  license  or  suppress   (clause  5). 


ORDINANCES— 

style   of   ordinances 

no  ordinance  except  appropriation  bills  to  contain  more  than 
one  subject    .  .  


292-293 

311 

363 

460 

318 

386 

[342 

J 

357 

460 

363 

345 

1346 

1350 

346-347 

365 

348-350 

349 

350 

351 

357 

362 

362 

363 

363 

(401 

(417 

330 

111 

26 

330 

III 

26 

310 

lU 

12 

310 

in 

13 

514 


INDEX  TO  CHARTER. 


Index  to  Ordinances  at  end  ot  Rev.  Code. 

Index  to  HcUeme.  \t\i.  279-28G. 

Index  to  fe7a(e  Lairs  for  St.  Louis,  pp.  225-250. 


PAGE. 

subject  of  to  be  expressed  In  title 310 

no  ordinance  to  be  passed  except  by  bill 310 

amendment  of  must  not  change  original  purpose 310 

may  originate  in  either  house 310 

may  be  amended  or  rejected  in  either  house 310 

must  be  read  three  different  days  in  each  house 310 

must  be  reported  upon  by  committees 310 

to  be  within  forty  days  from  time  of  reference,  public  im- 
provement bills   310 

same — effect  of  failure 310 

recommended   by   board   of   public   improvements,    how    re- 
ported      310 

all  amendments  to  be  incorporated  In  bill  by  engrossment.  .  311 

engrossing  of  to  be  under  supervision  of  committee 311 

majority  of  members  of  each  nouse  necessary  to  pass 311 

vote  to  be  taken  by  yeas  and  nays 311 

amendments  to  be  concurred  In  by  both  houses 311 

report  of  committees  on  conference 311 

no  ordinance  to  be  revived  or  re-enacted  by  reference  to  title  312 

form  of  amendments  to    312 

motion  to  reconsider 312 

to  take  effect  ten  days  after  approval 312 

apjiropriation  ordinance  to  take  effect  on  approval 312 

exception   in   case   of  emergency 312 

jjresiding  officer  of  each  house  to  sign  bill  in  open  session.  .  312 

bill  to  be  read  at  length  before  passage 312 

objection    as   to    alteration    of   bill    to   be    passed    upon    by 

house   312 

presiding  officer  to  withhold   his  signature   if  objection   is 

sustained    313 

when  approved  by  mayor  to  be  returned  within  ten  days  to 

assembly  or  register  313 

mayor  may  approve  portions  of  appropriation  bill 314 

items  objected  to  by  mayor  to  be  reported  to  assembly  or 

register  314 

veto  of  ordinances  by  mayor  314 

bill  to  be  filed  with  register 314 

two-thirds  vote  of  members  elect  in  each  house  necessary 

to  pass  bill   over  veto 314 

j-314 

originals  of  to  be  in  custody  of  register \  339 

[355 

numbering,  printing  and  filing  of  same 339 

repeal  of  general  ordinances  must  be  in  express  terms 339 

revision  of  general  ordinances  every  five  years 340 

contemplating  expenditure  of  money  must    be  indorsed   by 

comptroller    before    passage 370 

authorizing  improvements  to  contain  specific  api)ropriation.  ■  ^'^.^ 

streets  to  be  established  by,  to  be  recommended  by  board 

of   public   im]irovements    379 

r  370 

3S.5 

for   imiirovements.  or   opening  of  streets,  etc..   to  originate  J  395 

with  board  of  p\iblic  Improvements i  403 

I  411 
I  421 

estimate  of  cost  to  be  indorsed  thereon  by  president  of  board  J  ^^i 

of  jniblic  improvements ]  403 

for  all  public  work  to  be  recommended  by  board  of  public 

improvements     403 

for  sale  or  lease  of  public  parks  recommended  by  board  of 

public   improvements    - 431 

publication  of  within  five  days  after  approval   4bl 

existing  ordinances  to  remain  In  force,  when 453 

for  the  opening  of  streets,  repeal  of 453 


ART. 

SEC. 

Ill 

13 

III 

13 

III 

13 

III 

13 

III 

13 

III 

13 

111 

13 

III 

IS 

III 

13 

III 

13 

111 

If) 

III 

15 

III 

16 

III 

16 

III 

17 

III 

17 

III 

18 

III 

19 

III 

20 

111 

21 

111 

21 

111 

21 

111 

99 

111 

00 

III 

22 

111 

22 

III 

23 

111 

24 

111 

24 

III 

25 

111 

25 

III 

25 

111 

25 

III 

28 

IV 

23 

111 

28 

111 

28 

III 

29 

V 

12 

V 

14 

VI 

28 

VI 

1 

VI 

1 

VI 

0 

VI 

14 

VI 

17 

VI 

o*> 

VI 

27 

VI 

15 

VI 

27 

VI 

28 

VI 


VIII 

4 

.XV 

2 

XVI 

1 

XVI 

4 

INDEX  TO  CHARTER. 


515 


{Index  to  Orilinanves  at  end  of  Rev.  Code. 
Index  to  Svhemc.  pp.  279-2Sr>. 
Index  to  Slate  Lairs  for  St.  Louis,  pp.  225-256. 

[  A.N  NOTATIONS.]  PAnE.  AHT.       SKf. 

are  void  if  in  conflict  with  constitution 290 

I  '>ni 

uro  void  if  not  aiitliorized  bv  ilianer i  ;,_ 

V  ill 

are  void  pro  tanto  so  far  as  in  conflict  with  new  charter. .  4.~>;i 

apply  lo  new  territory,  where  city  boundaries  are  changed         29G 

seniMul  note  on .tdS-lJlii 

departure  from  prescribed  form,  effect  of 308 

partial   validity  of.  effect 308 

presiini|ilivt>  validity  of 308 

pleadini,-  of    309 

judicial  notice  of,  not  taken 309 

evidence  of,  how  proved 309 

public   presumed   to   know 309 

estoppel  to  attack   309 

construction  of.  Is  for  the  court ■,  .,,„ 

three  readings,  directory 3i0 

bill  to  contain  one  title,  clearly  expressed,  etc 310-311 

when  take  effect;    validity  of  steps  between  approval  and 

lapse  of  ten  days  thereafter 312 

to  take  effect  on  certain  contingency,  when  valid 312 

signing  of,  by  presiding  officer,  etc 313 

signing  or  return  by  mayor 313 

effect  and  dignity  of.  as  laws 315 

when  void  on  account  of  fraud  In  passage 316 

when    oppressive    or    unreasonable 316 

wluMi  injunction  againsi  enforcement  of,  will  lie 317 

uncertainty  and  vagueness  in,  effect  of 317 

resolution  cannot  operate  as  ordinance,  when 318 

of  de  facto  body,  when  valid 318 

construction   of,   rules   for.  etc 31S-319 

city  not  liable  for  non-enforcement  of 319 

conferring  franchise  on  steam  railroads  in  streets,  when 

void    324-325 

conferring  franchises  on  street  railways,  when  void 325 

repeal   of    339-340 

revision    of    340 

special  and  general  defined   340 

function  of  revision  of   341 

The  Revised  code  of  St.  Louis 341 

former   revisions    341 

provisions  for  printing  not  applicable  lo  revisions 452 

effect  of  failure  to  publish  as  required 452 

for  street  improvements.  In  case  of  remonstrance 400 

for  street  improvements,  in  general,  discussed 401-402 

for  street  Improvements  partially  valid,  pro  tanto  recovery  402 

for  public  Improvements,  estimate  of  costs  to  be  endorsed.  403 

all.  for  public  work  must  emanate  from  B.  P.  I 404 

tor  sewer  construction  410 

for  public  work  cannot  validate  a  forfeited  contract 425 

printing  of 452 

existing  at  passage  of  charter,  how.  far  valid 453 


F'ARK  COMMISSIONER— 

term    of   office    

shall  iH?  a  member  of  board  of  public  Improvements. 


shall  be  appointed  by  mayor. 


approved  by  council 

shall  be  head  of  park  department 


345 

IV 

3 

345 

IV 

3 

(34r. 

IV 

3 

1430 

vm 

1 

(348 

IV 

it 

1430 

vm 

1 

3.59 

IV 

34 

516 


INDEX  TO  CHARTER. 


{Index  to  Ordinances  at  end  of  Rev.  Code. 
Index  to  Scheme,  pp.  279-286. 
Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

PACE. 

shall  have  charge  and  control  of  all  parks  and  squares '  ^Ij, 

shall  make  annual  reports  to  mayor 364 

term  of  office  and  bond 431 

appointment  of  employes,  etc 431 

duty  of  park  commissioner   431 

PARKS— 

power  of  city  to  issue  bonds  for  puriioses  of 320 

f  ope 

power  to  improve    and     regulate    or    sell    or    lease    same  ,,Jj 

(  4t>i 

to  be  under  charge  of  park  commissioner !  '?^ 

J        Tower  Grove  Park  excepted 430 

annual   appropriation  for 431 

entrance  and  exit  gates 431 

l)roceeds  of  sale  of  parks  to  be  paid  to  fund  commissioners.  .  432 

all  rentals,  how  disposed  of 432 

sale  or  lease  to  be  submitted  to  the  people  by  ordinance  rec- 
ommended by  board  of  i)ublic  improvements 432 

l)roceeds  of  O'Fallon  Park  bonds  to  be  paid  to  fund  com- 

\  missioners    432 

repeal  of  special  park  acts 432 

[annotations.] 
relation  and  powers  of  city  toward  its  431 

contracts  by  city  for  restaurants iu, where  liquor  is  served.      {aqo 

condemnation  of  property  for 431 

special  tax  bills  for  imiirovements  by  way  of 431 

PARTIES— 

in  condemnation   proceedings   385 

defendants  in  action  against  city 457 

[anniitations.] 

in  condemnation  proceedings 388 

to  special  tax  bills  and  actions  thereon 417-418 

PARTITION  FEN'CES— 

may  order  and  regulate  building  of  (clause  12) 337 

PARTITION  WALLS— 

power  to  regulate  the  building  of  (clause  12) 337 

PASSES— 

on    railroads   forbidden,   when    (clause    11) 336 

PATENT  RIGHT  DEALERS— 

power  to  license,  tax,  etc.   (clause  5) ' 330 

PAWNBROKERS— 

power  to  license,  tax  and  regulate  (clause  5) 330 

PAY-ROLLS— 

all  i)ayments  on  to  be  made  by  treasurer 354 

PEDDLERS— 

See  Hawkers  and  Peddlers. 

Itower  to  license,  tax  or  supin-ess  (clause  5) 330 

PENALTIES— 

.S'ee  Fines.  Forfeitures. 

power  to  impose,  collect  and  enforce   (clause  10) 330 


ART. 

SEC. 

IV 

39 

VIII 

1 

IV 

47 

VIII 

1 

VIII 

2 

VIII 

2 

III 

26 

III 

26 

VIII 

4 

IV 

39 

VIII 

1 

VIII 

1 

VIII 

3 

VIII 

3 

VIII 

4 

VIII 

4 

VIII 

VIII 
VIII 


VI  2 

XVI  9 


III  26 

III  26 

III  26 

III  26 

III  26 

IV  22 

III  26 

III  26 


INDEX  TO  CHARTER.  517 

{Index  to  Ordinances  at  end  of  Rev.  Code. 
Index  to  Scheme,  pp.  279-286. 
Index  to  .S/ofc /-aii's  for  St.  Louis,  pp.  225-256. 

I'AGK.  .\KT.       SK«'. 

mayor  may  remit,  when 351  IV  16 

failure   to  make   water  connections 428  VII  6 

owner  of  wharf  boats  to  receive  no  commission 435  I.X  9 

failure   to   abate    nuisance 445  Xll  i> 

failure  10  report  death 447  XII  10 

to  be  unaffected  by  charter,  when 453  XVI  _ 

mlsa|)plicatlon    of    public    funds,    voting    or    allowln.i;    un- 
authorized   claims 458  .XVl  1 1 

for  violation   of  charter 459  XVI  12 

PER.MITS— 

blank  permits,  how  used 369  V  5 

water  and  gas  i)lpe  connections  may  only  be  made  under..  394  VI  13 

sewer  connections 412  VI  23 

[a.nnot.\tions.] 

from  mavor  void  where  ordinance  required .*  „„ 

1  362 
mandamus  to  revoke  Illegal 352 

PERSONAL   PROPERTY- 
SCO  Pruperty. 
comptroller   authorized    to   hear   and   determine  allegations 

of  manifest  errors  in   assessments  of ;!75  V        28 

PKTITION — 

in  condemnation  proceedings 385  VI  2 

[.\N\OT.\TIONS.] 

In    condemnation    proceedings 386 

in  actions  on  special  tax  bills 418 

PHOTOGRAPHISTS — 

power  to  license,  tax  and  regulate  same  (clause  5) 329  III        26 

PHYSICIANS — 

members  of  board  of  health,  to  be 443  .XII  2 

duties  of,  as  to  burial  certificates 446  XII         in 

PIO  PENS— 

power  to  prohibit  within  certain  limits  (clause  6) 332  III         26 

PISTOL  GALLERIES — 

power  to  regulate,  tax  or  suppress  i clause  5) 330  III         26 

PLATS — 

of    subdivisions    or    dedications,    etc 

must  be  in  accordance  with  law 

shall   not   be  recorded  until   indorsed  by   board  of  public 

improvements    

validity    of    plats 

to   be   approved   by   surveyor 

[.vs. NOTATIONS.] 

dedication  of  streets,  etc.,  by 383 

POLICE— 

See  Board  of  Police  Commissioners. 

no    system    to    be    established    other    than    metropolitan 

(clause   2 )     

officers  to  observe  sanitary  condition  of  districts 

chief   of,    to    report    nuisances 

city  counselor  and  attorney  to  advise 

commissioners    forbidden    to    employ    special    counsel    at 

city's    expense    

expenses  of  force  to  be  paid  by  city 


379 

\-| 

1 

379 

VI 

1 

379 

VI 

1 

380 

VI 

1 

380 

VI 

1 

323 

III 

28 

444 

XII 

( 

444 

XII 

4 

459 

XVI 

15 

459 

XVI 

15 

4. 59 

XVI 

16 

518 


INDEX  TO  CHARTER. 


{Index  to  Ordinances  at  end  of  Rev.  Code. 
Index  to  SchC7«e.  pp.  2T9-2S6. 
Index  to  State  Laws  for  St.  Louis,  pp.  225-25C. 


[.4.XNOTATIO.NS.]  PAGE. 

State  provision   excludes  charter   power  over 328 

are  state  and   city  officers 362 

salaries  and  expenses  of,  how  paid 459 

POLICE  COMMISSIONERS — 

/>'ee  Board  of  Police  Commissioners. 

POLICE  COURTS— 

See  this  title  in  Index  to  Revised  Code. 

city  has  power  to  establish /  ?^^ 

\io7 
place   of   holding 357 

POLICE  DEPARTMENT — 

See  Board  of  Police  Cominissioners — Police. 

POLICE  JUSTICES — 

.See  Police  Courts. 

to  be  appointed  by  mayor 345 

approved    by   council 348 

terms  of  office  four  years 345 

first  appointment  to  be   tor  two  years 345 

their  powers  and  jurisdiction 356 

power  to  punish  for  contempt  of  court 356 

power  to  enforce  legal  orders  and  judgments 356 

power  to  give  judgment  on  forfeited  bond 356 

to  be  conservators  of  the  peace 356 

powers  and  duties  to  be  prescribed  by  ordinance 356 

justices  of  the  peace  to  have  concurrent  jurisdiction,  when  356 

assembly  may  increase  number  of  by  two-thirds  vote 357 

assembly  may  divide  city  into  judicial   districts 357 

may   provide   tor  holding  police  courts,   when 357 

disqualified,    when     357 

shall    provide   places   for   holding  such   courts 357 

such  places  may  be  designated  by  mayor,  when 357 

shall    make    annual    reports    to    mayor 364 

POOR  HOUSE — 

city    may    purchase    and    hold    property    for    294 

city   may   erect,   purchase   or   rent    (clause   3) 328 

power  of  city  to  issue  bonds  for.  , 320 

POOR  PERSONS — 

power  to   provide  for  maintenance   of    (clause  13) 338 

PORK— 

may  regulate  inspection   of    (clause   7) ■ 333 

PORTERS — 

power   to   license,   tax   and    regulate    (clause    5) 330 

PORT   WARDENS — 

office  of,  may  be  created    ( clause  4) 329 

POSTS— 

power  to  collect   wharfage  on    (clause  4) 329 

POULTRY— 

may  regulate  insiiection  and  vending  of  (clause  7) 33  4 

■may   restrain   and   punish   forestalling  of   (clause   7)....        334 

POWERS— 

See  City;  Corporate  Powers 

[annotations.] 
Of  city— See  City. 

delegation   of   from   State   to   City,   or   by   municipal   as- 
sembly, etc. — See  Delegation  of  Potvers. 
to  enact  ordinances,  when  none — see  Ordinances. 


ART.       SEC. 


IV 

25 

IV 

27 

IV 

27 

IV 

2 

IV 

9 

IV 

2 

IV 

2 

IV 

25 

IV 

25 

IV 

25 

IV 

25 

IV 

26 

IV 

26 

IV 

26 

IV 

27 

IV 

27 

IV 

27 

IV 

27 

IV 

27 

IV 

27 

IV 

47 

I 

1 

III 

26 

III 

26 

III 

26 

in 

26 

III 

2C 

111 

26 

III 

26 

III 

2fi 

111 

26 

INDEX  TO  CHARTER. 


619 


r  Index  to  Ordinances  at  end  of  Rev.  Code. 

■!  Index  to  Scheme,  pp.  279-280. 

(index  to  iS/a/e /,oics  for  St.  Louis,  pp.  225-256. 


PRESIDENT  OF  BOARD  OF  ASSESSORS— 

See  Board  of  Assessors:  Assessment  of  Property. 

PRESIDENT  OF  BOARD  OF  PUBLC  IMPROVEMENTS— 

Sec  HoanI  of  Piilitic  Improrements :  i<pecial  Tar  Bills. 

shall  be  elected  for  four  years 

shall  preside  at  meetings  of  board 

shall  have  charge  of  public  Improvements  not  specially  pro- 
vided  for   

shall  have  general  supervision  over  departments  of  other 
commissioners 

shall  Inform  mayor  of  dereliction  of  duty  of  any  commis- 
sioner   

«hall  authenticate  special  tax  bills,  when 

shall  make  annual  reports  to  mayor 

to  certify  and  register  special  tax  bills,  when 

shall  contract  for  abatement  of  nuisances,  when 


[.\N.N0T.<T10NS.] 

authentication,   signing,  computation,  etc.,  of  special   tax 
bills 

PRESIDENT  OF  COUNCIL,— 
See  Coiiniil. 

signing  bills  by 

to  act  as  mayor,  when 


[annotations.] 
functions  of,  legislative... 


PRESIDING  JUSTICE  OF  COUNTY  COURT— 
duty  of  in  reference  to  O'Fallon  Park  bonds. 

PRINTING— 

.^ee  Public  Printing. 

PRIVATE  PLACES— 

conditions  for  establishment  of 

no  public  improvements  to  lie  made  on 

nuisances  abated  on 


PRIVATE  SEWERS — 
See  Sewers. 

PROCESS— 

duty  of  city  marshal  in  reference  to 

by  whom  served  in  condemnation  proceedings. 


PROCESSIONS— 

niuniilpal  assembly  to  provide  for  regulation  of. 


PROFESSIONS- 

power  to  license,  lax  and  regulate  same  (clause  5). 


PROPERTY— 

See  Condemnation. 

city  may  take  and  hold. . . 

city  may  hold  real  estate  in  county 

city  may  take  and  execute  charitable  bequests, 
for  what  purposes  acquired  rnd  held 


city  may  purchase,  rent  or  lease,  sell  and  dispose  of  same 

lease,  sale  of,  etc 

persons  may  be  required  to  aid  In  preservation  of   (clause 

121    


344 

IV 

1 

3f>l 

IV 

11 

3G1 

IV 

41 

sr.i 

IV 

41 

SCI 

IV 

41 

(  3(il 

IV 

41 

1413 

VI 

2  I 

304 

1  \ 

47 

413 

VI 

24 

44fi 

XII 

1 

413 


312 

III 

352 

IV 

307 

432 

VIII 

380 

VI 

1 

401 

VI 

15 

445 

XII 

6 

358 

IV 

31 

388 

VI 

3 

4.'-.S 

XVI 

III 

330 

III 

26 

294 

I 

294 

I 

294 

I 

294 

I 

(294 

1 

\  32S 

111 

**tl 

I  2114 

I 

I  431 

VIII 

r'.37 


III 


26 


520 


INDEX  TO  CHARTER. 


{Index  to  Ordinances  at  end  of  Rev.  Code. 
Index  to  Scheme,  pp.  279-2SG. 
Index  to  State  Laws  for  St.  Louis,  pp.  22o-25C. 


VI 


III 
III 


26 

26 


IV  1 

V  1 

V  1 
III  26 

III  26 


PAGK.  AV.T.       SEC. 

comptroller  to  have  supervision 353  IV         20 

of  water  works  cannot  be  sold  or  disposed  of 430  VII         13 

[.V-\  NOTATIONS.] 

autliority  of  city  to  purchase,  hold  and  dispose  of 294 

subject    to    taxation 368-369 

title  to  public,  not  lost  by  adverse  possession 384 

title  to.  may  be  acquired  by  city  by  adverse  possession.  . . .         384 
dedication  of — See  Dedication. 
condemnation  for  public  uses — See  Condemnation. 
sjiecial    taxation   of — See   Special   Taxation :   Special   Taj- 
Bills. 

PROPERTY  QUALIFICATIONS— 

commissioners  in  condemnation  proceedings  to  be  freehold- 
ers            385 

PROVISIONS— 

may  regulate  inspection  and  weighing  of  (clause  7) 334 

may  restrain  and  punish  forestalling  of.  etc.   (clause  7)....  334 

PUBLIC  ADMINISTRATOR — 
See  Scheme.  Sec.  .7. 
shall  be  elected  every  four  years 344 

PUBLIC  BUILDINGS— 

rate  of  taxes  for  erecting,  how  increased 366 

revenue  for  "erecting  public  buildings'" 36G 

power  of  city  to  issue  bonds  for 320 

PUBLIC  BUILDINGS  AND  HALLS— 

power  to  license,  tax.  etc.  ( clause  5) 329 

PUBLIC  DEBT— 

See  Indebtedness ;  Revenue. 

sinking  funds   I  „|.(J 

taxes  collected  for  to  be  designated  "interest  and  public  debt 

revenue  ' 369 

PUBLIC  GROUNDS— 

to  inclose,  improve,  regulate  or  sell   (clause  5j 329 

PUBLIC  HEALTH— 

See  Health  Department. 

may  be  secured  by  nec.essary  measures  (clauses  6  and  14).       i  '"T"^ 

may  prevent  business  dangerous  to  (clause  6) 332 

health  commissioner  to  have  supervision  over 444 

PUBLIC  IMPROVEMENTS— 

See   Board   of   Public   Improi^eynents :   Streets.   Alleys,   etc.; 
Public  Work. 

at  city's  expense,  when i  ,J, , 

bonds    for 320 

PUBLIC  LECTURERS— 

power  to  license,  tax  and  regulate  ( clause  5) 330 

PUBLIC  MEETINGS— 

power  to  regulate  same  (clause  5) 330 

PUBLIC  PARKS— 
See  Parks. 

PUBLIC  PRINTING  AND  BINDING— 

register  to  have  supervision  of 355  IV 

register  to  contract  for 451  XV 


V 

1 

V 

6 

V 

6 

III 

26 

III 

26 

III 

26 

III 

26 

XII 

3 

VI 

14 

VI 

IS 

III 

26 

111 

26 

111 

26 

23 
1 


INDEX  TO  CHARTER. 


521 


{Index  to  Ordinances  at  end  of  Rev.  Code, 
index  to  Scheme,  pp.  279-28G. 
Index  to  S/arc /-air.v  for  St.  Louis,  pp.  22.V25G. 


PA(!K. 

register  to  advertise  for  seaied  proposals 451 

bids  to  be  opened  in  off  ire  of  register 451 

bids  witti  erasures,  etc..  not  to  be  considered 451 

printing  to  be  awarded  to  the  lowest  bidder 451 

bids  and  awards  to  be  reported  to  council 451 

if  council  reject,  register  to  advertise  for  new  bids 451 

council  to  confirm  awards 451 

contracts  for  public  printing 451 

specifications  of  contracts 451 

paid  for  by  city,  regulated 451 

"printing"  defined   451 

forfeiture  of   contract 451 

contract  for  job  printing  ami  binding 451 

register  and  mayor  may  contract  temporarily 451 

publication  of  ordinances 451 

publication  of  proceedings  of  assembly 451 

second  printing  of  documents  permitted,  when 451 

annual  printing  of  city  documents 452 

proofs  of  all  printing  to  be  submitted  to  officer  interested.  .  432 
to  bind  city  for  payment,  prescribed  regulatior.s  must  be  fol- 
lowed   452 

[annotations.] 
of  ordinances  within  five  days  not  applicable  to  revising 

ordinance 452 

failure  to  publish  ordinances  in  five  days,  effect 452 

when  unauthorized,  ordinance  to  pay  is  void 452 

PIBI.IC  SCHOOLS— 

city  officers  to  assess  school  taxes 449 

city  collector  to  collect  school  taxes 449 

board  to  fix  rate  of  school  taxes  annually 449 

school  tax  in  extended  limits 449 

may  be  remitted,  when 449 

comptroller  to  make  deductions 449 

[annotations.] 

director  of.  Is  state  officer 3G2 

board  of  education  of -448 

school  board,  nature  of  corporation,  etc 448 

school  board  elections 448 

.garnishment,  execution,  etc.,  against  board  of 448 

elections  of  directors  of 448 

fines  payable  to  fund  for 448 

power  to  levy  and  assess  taxes  for  school  purposes <  ,'!„ 

I  44y 

power  of  board  to  determine  rate  of  taxes 449 

power  of  board  to  include  merchants'  tax 449 

Pl'BLIC  SEWERS— 

Sec  Scircr.i. 
PfBLIC  SQIARES  - 

to   be  established,   how :{85 

PfBLIC  WORK— 

Sec  Hoard  of  PiibUc  Improvements. 

j  370 

indorsement   of  estimate  of  cost  of.  on  onllnaiicp '  *^' 

!  421 
I  423 

Improvement  ordinance  to  contain  specific  appropriation. ...       /  ^„ 

I  423 

,  379 

I  385 

ordinances  for  to  be  recommended  by   board  of  public  Im-       ]  394 

provements i  403 

,'411 
I  421 


AHT. 

XV 

XV 

x>/ 

XV 
XV 
XV 
XV 
XV 
XV 

xv 

XV 
XV 
XV 
XV 
-W 
XV 

\v 

XV 
XV 

XV 


VI 


XIII 

2 

XIII 

3 

XIII 

4 

XIII 

5 

Xlli 

5 

Xlll 

5 

V 

12 

15 

27 

28 

14 

28 

1 

'> 

14 

17 

22 

27 

5Z2 


INDEIX:  TO  CHARTER. 


r  Index  to  Ordinances  at  end  of  Rev.  Code. 

J^  Index  to  Scheme,  pp.  279-286. 

( Index  to  Stale  Laws  for  St.  Louis,  pp.  225-256. 

PAGE. 

fSSO 

J  395 

maintenance  or  guaranty <  ^2 

[403 

no  liability  of  city  growing  out  of,  when |  ^io 

assembly  forbidden  to  contract  for |  ^f^ 

emergency  work  and  repairs  requiring  prompt  attention  ex- 
cepted    421 

board  of  public  improvements  to  submit  ordinances  for  pro- 
posed     421 

advertising  for  bids,  requisites 421 

contract  to  be  let  to  lowest  responsible  bidder 421 

who  deemed  not  responsible  bidder 421 

bids  may  be  rejected 421 

sureties  on  contractor's  bond 421 

certified  check  to  accompany  all  bids 421 

board  to  let  contracts  for 421 

bonds  relating  to 421 

work  may  be  done  in  parts,  bu,t  appropriation  shall  be  made 

for  each   part 423 

contract,   provision    for .' 423 

may  be  suspended,  when 423 

suspension  of  work  on  complaint 423 

board  of  public  improvements  to  examine  and  re|)ort  cost,  to 

be  paid  by  whom 423 

contracts  for,  relating  to  water  works  to  be  let  as  others.  .  427 
all  contracts  to  be  in  writing,  executed  in  name  of  city  by 

proper  officers    454 

to  be  made  by  comptroller,  when 454 


ART. 

SEC. 

VI 

1 

VI 

14 

VI 

15 

VI 

17 

VI 

24 

VI 

28 

VI 

27 

XVI 

I 

VI 


VI 

27 

VI 

27 

VI 

27 

VI 

27 

VI 

27 

VI 

27 

VI 

27 

VI 

27 

VI 

27 

VI 

28 

VI 

28 

VI 

28 

VI 

28 

VI 

28 

VII 

3 

XVI 

7 

XVI 

7 

[A.\iX0TATIO>;.S.] 

special  tax  for — See  Special  Taxation;  Special  Taj-  Bills. 
notice  to  property  owners  of  meeting,  materials  to  be  used. 

etc 399 

owners  concluded  to  dispute  necessity  of.  or  benefit  from.  399 

the  ordinance  for 401 

pro  tanto  recovery  for 402 

maintenance  and  guarantee  clause  in  contracts  for 402 

estimate  of  cost  to  be  endorsed  on  ordinance  for 403 

ordinance  for  must  be  recommended  by  B.   P    1 404 

same — amendment  of  ordinance 404 

repairs — See  Repairs. 

for  sew-ers   409 

what  strictness  required  to  enable  recovery  on  special  tax  f  416 

bills   \  417 

interference  of  city  with,  liability  to  contractor 420 

-hat  is   {^^1-422 

contract  must  emenate  from  linard  public  imin'ovements.  .  I '},,., 

letting  to   lowest   bidder 422 

notice  of  letting 4^3 

delay  in  letting  contract 423 

conditions  in  contract  for 424 

bond  of  contractor  for 424 

time  for  completion  of.  and  its  effect  on  validity  of  special 

tax  bills 425 

extension  of  time  for  completion  of 425 


INDEX  TO  CHARTER. 


523 


Index  to  Urdinances  at  end  of  Rev.  Code. 

Index  to  Scheme,  pp.  279-28G. 

index  to  State  Laws  for  St.  Louis,  pp.  225-256 


Q 

QUARANTINE— 

power  to  establish  and  enforce  reKiilatlons  of  (clause  6)  .  . .  . 

10  be  In  charge  of  health  commissioner 

superintendent   of,   how   appointed 

QUARRIES— 

power  to  regulate  same  (clause  6) 

not  to  be  opened  within  300  feet  of  dwelling  without  consent 


PAGE. 

.IKT. 

.SKC. 

:is2 

Ill 

26 

444 

XII 

4 

444 

xu 

& 

332 

(TT 

26 

343 

III 

34 

R 

RAILS— 

description  of  439 

to  keep  space  between  rails  in  repair,  etc 439 

RAILROADS— 

See  franchises  :  Street  Haihcays 

RAILROADS  (STEAM)— 

[annotatio.vs.] 
In  streets,  when  ordinances  for.  void — See  Franchises. 

not  exempted  from  special  taxation 398 

aa  to  street  railways — See  Street  I{ailicays. 

REAL  ESTATE— 

city  may  take,  hold,  etc 294 

[annotations.] 
right  of  city  to  hold,  dispose  of,  purchase,  etc 294-295 

dedicated  to  certain  use,  diversion  to  another !  .f^v 

excavation,  city  cannot  change  common  law  duties 338 

taxation  of,  by  city 3C8 

dedication  of — See  Dedication. 

condemnation  for  public  uses — See  Condemnation. 

special  taxation  of — See  Special  Taxation. 

conveyance  by  city,  how  made 457 

deeds  by  city 457 

REAL  ESTATE  AGENTS— 

power  to  license,  tax  and  regulate  (clause  5) 330 

RECEIPTS— 

3r.4 

to  be  Issued  in  triplicate  by  treasurer ^1|. 

I  42U 

RECOGNIZANCES— 
Sec  Bonds. 
to  be  unaffected  by  charter,  when.  .  453 

RECONSTRICTION- 

See  Public  Work.  Streets,  etc. 

RECORUKR  OF  DEEDS— 

elected  for  four  years 344 

duty  to  deliver  conveyances  to  Pres.   Board  .Assess 373 

duties  as  to  recording  plats  of  streets,  etc. .  379 

REGISTER- 

(314 

shall  have  custody  of  original  ordinances. ...  \  ;{39 

1 355 

t  339 
to  number,  print  and  file  ordinances •   ,,. 


X 
X 


111 


26 


IV  22 

V  7 

V  31 
VII  9 


XVI 


IV 

I 

V 

21 

VI 

1 

III 

25 

III 

28 

IV 

23 

III 

28 

XV 

<> 

524 


INDEX  TO  CHARTER. 


{Index  to  Ordinances  at  end  of  Rev.  Code. 
Index  to  Scheme,  pp.  279-286. 
Index  to  fftate  Laws  tor  St.  Louis,  pp.  225-25C. 

PAGE. 

to  be  elected  eveiy  four  years 344 

to  have  custody  of  city  seal 355 

of  contracts,  deeds,  bonds,  etc 355 

to  register  all  documents  by  numbers,  date  and  contents. .  .  ' 

1454 

to  attest  all  public  instruments  of  official  acts  of  mayor...  355 

to  certify  copies  of  original   documents 355 

may  charge  fees  for  certified  copy 355 

shall  have  general  supervision  of  public  printing 355 

shall  cause  to  be  printed,  filed,  etc..  all  ordinances 355 

shall  register  and  preserve  contracts  and  oaths  of  officers..  355 

may  appoint  clerks  with  approval  of  mayor 355 

may  administer  oaths  to  officers 355 

may  exercise  same  authority  as  clerk  of  county  court 355 

to  issue  blank  licenses,  tickets,  permits,  etc 369 

to  stamp  with  seal  and  deliver  to  comptroller 369 

shall  forward  collector's  bond  to  state  auditor 376 

to  contract  for  all  printing  and  binding 451 

shall  advertise  for  proposals  for  public  printing 451 

bids  to  be  opened  at  office  of 451 

shall  report  bids  and  awards  to  council 451 

shall  advertise  for  new  bids  if  council  reject 451 

specifications  of  contract  for  printing 451 

contract  for  job  printing  and  binding 451 

may  temporarily  contract  with  approval  of  mayor,  when...  451 
attested  copies  of  contracts  to  be  furnished  to  officers  inter- 
ested in  454 


ART. 

SEC. 

IV 

1 

IV 

23 

IV 

23 

IV 

23 

XVI 

7 

IV 

23 

IV 

23 

IV 

23 

IV 

23 

IV 

23 

IV 

23 

IV 

23 

IV 

23 

IV 

23 

V 

') 

V 

5 

V 

?,0 

XV 

\ 

XV 

XV 

XV 

XV 

XV 

XV 

XV 

XVI 


[.\X  NOTATIONS.] 

duties  of  former  county  clerk  transferred  to. 


292-293 


REGISTRAl'ION— 

.S'ee  Election  and  Registration. 

REMONSTRANCE— 

against  street  improvements,  etc 394 

two-thirds  vote  of  board  required  in  case  of 395 

when  made,  requisite  vote  in  assembly 403 

[annotations.] 
against  street  improvements . . . , \  ^, 

REMOVAL— 

See  Council:  Mayor:  Municipal  Assembly :  Offices  and  Offi- 
cers. 


VI 

14 

VI 

14 

VI 

16 

1 

1 

III 

26 

III 

26 

RENDERING  FACTORIES — 

not  to  be  opened   within   300   feet   of  a  dwelling,  except  bv 

consent   343  III         34 

RENT— 

(294 

citv   may   rent   property \  328 

(338 

REPAIRS— 

See  Streets.  Alleys,  etc.:  Sewers. 

of  district  sewers,  paid  for  by  city 410  VI         21 

requiring    prompt    attention    excepted    from    other    public 

work 421  VI         27 

[an.notations.] 
of  street  paving,  clause  in  contract  for  improvement 402 

of  streets,  alleys,  boulevards,  etc.,  who  to  pay I  J^ 


INDEX  TO  CHARTER. 


525 


{Index  to  Ordinances  at  end  of  Rev.  Code. 
Index  to  Silieme.  pp.  279-286. 
index  to  Slate  Laics  for  St.  Louis,  pp.  225-25G. 

REPAYING—  p.UiK.         Aur.     SKC. 

streets,  etc 395  VI         14 

REPEALS— 

See  Orflinances. 

general  ordinances  of  prior  date  may  only  be  repealed  by 

express  terms   339  111         28 

of  special  park  acts 432  Vlll  6 

not  resulting  from  adoption  of  charter,  when 453  XV'l  1 

[annotations.] 
of  ordinances — See  Ordinances. 

of  charter  or  ordinance  provisions  effected  by  Inconsist- 
ent   statutory    enactment 290 

REPORTS— 

clilef  of  every  department  to  report  annually  to  mayor  and 

quarterly  to  comptroller ;!(iJ  l\'  47 

annual  reports  to  be  submitted  by  mayor  to  assembly 364  l\'  47 

of  comptroller,  auditor,  treasurer,  collector  ami  marshal...  364  1\'  48 

of  board  of  public  improvements 365  1  \'  48 

of  coiumissloners  to  assess  benefits  and  damages  in  condem-  (  390  VI  6 

nat ion    ( 39-i  VI  9 

of   commissioners   on   complaint     of    citizens    against   con- 
tractors    423  VI  28 

RESIDENCE— 

I  305  III  2 

rpsi.lt^uip  "f  .m'icers ' '^^^  ',"  '^ 

I  349  l\  HI 

1352  I\'  I<) 

[annot.vtions.] 
and  citizenship  as  qualification  for  office 349 

RESOLUTIONS— 

See  ^tunicil>at  Assembly:  Ordinances. 

RETAILERS— 

power  to  license,  tax  and  regulate  (clause  5) 330  111         26 

RESTAURANTS   (OR  ORDI.NARIES)- 

l)ower  to  regulate,  license  and  suppress  (clause  5) 330  111         26 

KEVfeNUE— 

See    Appropriations;    Collector:    License     Tax:    Licenses: 

License  Collector:  Taxes:  Treasurer.  > 

of  state,  power  same  as  county  court  of  St.   Louis  county 

(clause  13)    .  '.         33s  m         26 

(354  IV         22 

I  3.56  IV         24 

1  35.S  I\-         30 

all  collections  to  be  paid  into  city  treasury j  3y0  \'  7 

I  370  V  31 

I  420  VII  9 

1461  XVI  18 

for  municipal  purposes SGi;  v  I 

for  erecting  public  buildings 366  v  1 

levy  and  collection  of  taxes 366  y  1 

rates  of  taxes 367  v  1 

power  to  increase  rate  for  payment  of  public  debt 307  v  1 

payment  of  taxes,  how  enforced 369  V  3 

licenses,  wharfage,  etc 369  V  4 

Issue  of  blank  licenses,  etc 369  V  5 

taxes  collected  for  municipal  purposes  designated  "municipal 

revenue"  369  V  6 

taxes  collected   for   the   payment   of   the   public   debt   to  be 

designated  "interest  and  public  debt  revenue" 369  V  6 

classification  of  taxes 369  V  6 


526 


INDEX  TO  CHARTER. 


Index  to  Ordinances  at  end  ot  Kev.  Code. 

Index  to  Scheme,  pp.  279-28G. 

Index  to  Htate  Laws  for  St.  Louis,  pp.  225-256. 

PAGE. 

settlements  with  fiscal  officers 370 

all  revenues  to  be  collected  by  collector  except  water  rates.  .  37G 

from  water  works,  how  applied 429 

from  harbor  fees,  how  applied 434 

[annotations.] 
functions  of  county  officials  before  separation  now  devolve 

on  collector   293 

and  taxation,  powers  of  city,  etc.,  discussed 367-369 

collector     cannot    now     collect     dramshop     licenses    nor       (  356 

licenses    in    general \  376 

See  also  Taxation. 

REVISION  OF  ORDINANCES— 

every  five  years  required 340 

[annotations.] 
revisions  of,  etc. — See  Ordinances. 

RIOTS— 

jiower  to  restrain  and  prevent  ( clause  9  ) 335 

RIVER— 

eastern  boundary  of  city 295 

power  to  guide  and  deflect  current  of.  etc.  (clause  4) 329 

power  to  construct  improvements  in  harbor  of  (clause  4)..  329 

harbor  defined    433 

city's   jurisdiction   of 435 

[annotations.] 
free  bridge  over — See  Bridges:  Bonds. 

jurisdiction   over    296 

is  highway — obstruction  of.  etc 296 

ROADS— 

citizens  exempted  from  working  on 457 

RUBBISH— 

dangerous,  may  regulate  safe  deposit  of  (clause  12) 337 

RUM— 

may  regulate  inspection  of  (clause  71 334 

RUNNERS- 

power  to  license,  tax  or  regulate  (clause  5) 330 

s 

ST  LOUIS  INDUSTRIAL  SCHOOL— 
See  House  of  Refuge. 

SALARIES— 

of  members  of  assembly 311 

no  officer  receiving  a  salary  to  receive  fees   (clause  S)....  334 

power  to  establish  salaries  of  all  officers  (clause  S) 334 

no  salary  of  officer  to  be  changed  during  term   (clause  8)  .  .  334 
of  president  of  council  or  speaker  of  the  house  when  acting 

as  mayor 352 

assembly  to  fix  salaries  of  all  officers 459 

may  increase  and  diminish  by  ordinance 459 

no  increase  to  be  made  during  term  of  office 459 

no  salary  to  exceed  $5,000  per  annum 461 

no  assistant  or  deputy  to  receive  over  $2.500 461 

no  clerk  to  receive  over  $1,800 461 

all  fees,  perquisites,  etc.,  to  be  paid  into  treasury 461 

to  be  paid   monthly 461 

[annotations.] 

de  facto  members  of  assembly  cannot  recover   311 

whether  de  facto  officers  may  recover 460 

f  334 
officers  receiving,  cannot  receive  fees,  or  pay  for  overtime      ^  ,  .^ 

change  of  during  term 335 


AltT. 

SEC. 

V 

8 

V 

31 

VII 

11 

IX 

7 

III 


III 


29 


26 


I 

2 

III 

26 

III 

26 

IX 

3 

IX 

4 

XVI  8 

III  26 

III  26 

III  26 


III 

14 

III 

26 

III 

26 

III 

26 

IV 

17 

XVI 

17 

XVI 

17 

XVI 

17 

XVI 

18 

XVI 

IS 

XVI 

IS 

XVI 

IS 

XVI 

IS 

INDEX  TO  niAKTEIl.  527 

{Index  to  Ordinances  at  end  of  Rev.  Code. 
Index  to  Scheme,  pp.  279-28G. 
index  to  Htate  Laws  for  St.  LouIb.  pp.  225-25«. 

PAtiK.  ART.       SEC. 

offit-e  nia.v  be  abolished,  causing  cessation  of <  .,?,, 

and   expenses  of  police 459 

ill  general,  discussion 459-461 

iluriiig    suspension    period 4G0 


assignability  of 


4(10 


457 

45S 

4G1 

294 

I 

1 

430 

VII 

13 

432 

VIII 

4 

estoppel  to  cUilni.  when 

SALE— 

of   |)roperty   by  city 

of  water  works  forbidden 

of  parks  and  squares,  how  may  be  made 

[annotations.] 
conveyances  by  city,  how  made,  etc 457 

SALES  A.ND  LIVERY  STABLES— 

power  to  license,  tax  and  regulate  (clause  5) 330  III         26 

SALOONS— 

Nee  Pramshops. 

power  to  license,  tax  or  suppress  (clause  5) 330  III         26 

SANITARY  SYSTEM— 

power  to  establish   (clause  2)    323  III         26 

SATISFACTION— 

of  special  tax  bills,  entry  of 414  VI         2.> 

SATIRDAV— 

[annotations.] 
half-holiday    350 

SCALES— 

power  to  regulate  and  establish  standard  of  (clause  7) 333  III         26 

inspection  of  358  IV         30 

SCHEME— 

mayor  to  promulgate  in  pamphlet  firm 453  XVI  5 

[annotations.] 

when  adopted  and  effect  of  adoption 289 

and  charter — See  Charter. 
SCHOOLS— 

Srr  Puhlir  Schools. 
SCHOOL  PCRPOSES— 

tax   for    44;i  XIII  4 

[annotations.] 
Sec  Public  Schools. 
power  to  levy  taxes  for .  .         448 

SEAI-^ 

power  to  have  and  use  a  common  seal 

register  to  have  custody  of 

to  affix  same  to  public  Instruments  and  official  nets  of  mayor 
to  certify  under  to  copies  of  original  documents 

SESSIONS— 

Scr  Municipal  Assembly. 

annual    

spe  lal   

[annotation.*.] 
special,  of  municipal  assembly 352 

SET  OFF— 

damage.^  and  benefits  In  condemnation  proceedings 

SEWER   COMMISSIONER— 

term  of  office  of 

to  be  appointed  by  mayor 


294 

I 

1 

355 

IV 

23 

355 

IV 

23 

355 

IV 

■>•» 

308 

III 

11 

3.12 

IV 

IS 

393  VI         II 

.:;:.  IV  2 

:'.4.')  IV  S 


528  INDEX  TO  CHARTER. 

f  Index  to  Ordinances  at  end  of  Rev.  Code. 

}  Index  to  Scheme,  pp.  279-286. 

(  Index  to  Utate  Laws  for  St.  Louis,  pp.  225-256. 

shall  be  a  member  of  board  of  public  improvements 

approved  by  council 

shall  devote  his  whole  time  to  duties  of  his  office 

shall  be  head  of  sewer  department 

shall  be  responsible  for  action  of  his  employes 

shall  have  charge  of  all  sewers 

assembly  may  provide  additional  duties  and  employes 

shall  make  annual  reports  to  mayor 

SEWERS— 

See  Special  Taxation. 

power  of  city  to  issue  bonds  for 

power  to  construct  and  repair  (clause  2) 

city  may  regulate  use  of  (clause  2) 

construction,  repairs,  etc.,  of  all  sewers  to  be  under  charge 

of  sewer  commissioner 

condemnation  of  private  property  for 

classification  of  sewer  system 

public    sewers    defined 

district   sewers   defined 

joint  district  sewers  defined 

private  sewers  defined  

district  sewers,  establishmeni  and  construction  of 

district   may   be   changed 

special  taxation  for  authorized 

repairs  and  other  incidental  expense  paid  by  city 

reconstruction  of,  permitted  at  expense  of  property 

Joint  district  sewers,  how  established 

special  taxation  for  how  levied  and  assessed 

when  territory  outside  of  city  limits  is  drained,  ai)portion- 
ment  of  cost 

may  be  constructed  in  sections 

private  sewers,  city  to  be  at  no  expense  for  same 

sewers  and  drains  deemed  private 

may  be  acquired  by  city 

special   taxation   therefor  authorized 

connections  with  other  sewers,  compensation  for  at  option 

of  city  412  VI 

[.ANNOTATIONS.] 

connection  with  denied  until  special  tax-bill  paid 

city's  right  to  lay,  superior  lo  water  company's  rights. . . . 

liability  of  city  for  defective,  or  for  overflows 

classification  of,  under  new  charter 

definition   and   object   of 

how  created,  not  by  user  but  ordinance 

how  far  assembly  may  delegate  details  of  construction .  . . 

in  how  far  the  determinations  of  the  B.  P.  I    and  of  the 
municipal  assembly  are  conclusive 

in  whom  discretion  for  construction  of,  vested 

special   taxation  for 

ordinance  for  construction,  where  to  originate 

repairs  of,  how  paid 

SEXTONS— 

shall  make  a  weekly  report  of  interments 

penalty  for  permitting  burial  w-ithout  certificate 

penalty  for  failure  to  report 

SHERIFF— 

See  Scheme.  Section  .5. 

to  be  elected  for  four  years 

may  have  such  deputies  as  are  provided  by  ordinance 

[.\NX0T.\TI0NS.] 

whether  state  or  city  officer 

certifies  what  fines  to  president  and  directors  of  public 
schools 


PAOE. 

ART. 

SEC. 

345 

IV 

3 

348 

IV 

9 

350 

rv 

11 

359 

IV 

34 

359 

IV 

34 

360 

rv 

36 

361 

IV 

42 

364 

IV 

47 

320 

III 

26 

323 

III 

26 

323 

III 

26 

360 

IV 

36 

385 

VI 

2 

407 

VI 

20 

408 

VI 

20 

408 

VI 

20 

408 

VI 

20 

408 

VI 

20 

410 

VI 

21 

410 

VI 

21 

410 

VI 

21 

410 

VI 

21 

410 

VI 

21 

411 

VI 

22 

411 

VI 

O-^ 

411 

VI 

22 

411 

VI 

22 

412 

VI 

23 

412 

VI 

23 

412 

VI 

23 

412 

VI 

23 

f  327 

(410 

327 

328 

408 

408 

408 

409 

409 

409 

409 

411 

411 

447 

XII 

11 

447 

XII 

12 

447 

XII 

13 

:544 

IV 

1 

351 

IV 

14 

362 

448 

INDEX  TO  C'HAliTKK. 


529 


C  Index  to  Ordinanve.i  at  end  of  Rev.  Code. 

"  Index  to  Scheme,  pp.  279-2Sti, 

(index  to  State  Laws  for  St.  Louis,  pp.  225-256. 


SHINGLES—  PAiiK. 

power  to  collect  wharfage  on  (clause  4) 329 

SHOWS— 

power  to  license,  tax  and  regulate  (clause  5) 330 

SIDEWALKS— 

s|)eclal  tax  for  construction  of 39G 

contracts  for  construction  of 39(i 

(  403 

repairs  of  ^  ^q^ 

[.\NN()r.\TIONS.] 

.See  in  general.  Street.i.  Alleys,  etc. 

special  taxation  for  construction  of 4ihi 

I  404 

repairs  of.   how    paid ^0_- 

SINKING  FUND— 

for  |)a.vment  of  certain   bonds 321 

separate  funds /  *;!; 

( Ob!) 

proceeds  from  water  rates 429 

proceeds  from  sale  or  lease  of  parks,  squares,  etc 431 

how  i-realed.  kept,  held  and  for  what  purpose 450 

municipal  assembly  to  make  aiipropriations  each  year 450 

portion  not  used,  how  credited 450 

how  disbursements  are  to  be  made 450 

assets,  how  disposed  of 450 

the  bonds  of  the  Ohio  and  Mississippi  railroad  to  be  turned 

over   to   comptroller 450 

If  any  sura  is  realized  on  the  same,  proceeds  how  disposed  of  450 

SLArOHTERING  ANIMALS— 

power  to  regulate  same  (clause  6) .'532 

SLArCHTER  HOLSES— 

power    to    provide    for    the    erection    and    management    of 

( clause  G  >    ;i:!2 

power  to  prohibit  within  certain  limits  (clause  6) 332 

not  to  be  opened  within  300  feet  of  any  dwelling 343 

SMALLPOX— 

restrictions  as  to  treatment  of  patients 343 

SMOKEFLUES— 

power  to  regulate  construction  of  (clause  12) 337 

SMOKESTACKS— 

power  to  regulate  construction  of  (clause  12) 337 

SNOW  AND  ICE— 

[axxotations.] 

keeping  street  dear  of,  Is  police  power 32C 

liability  of  city  for  damages  caused  by,  on  street 327 

SOAP  FACTORIES — 

power  to  prohibit  within  certain  limits  (clause  C,\ 332 

not  to  be  opened  within  300  feet  of  any  dwelling. .  343 

SPEAKER— 

See  House  of  Delegates. 

is  presiding  officer  of  house  of  delegates 30G 

signing  bills  by 312 

acts  as  mayor,  when 352 

[ansotatioxs.] 

holds  office  at  will  of  delegates 307 

functions  of   legislative   307 


AKT.       SKC. 

Ill         2G 


III 


III 

y 

\ 

VI 1 

VIII 

XIV 

XIV 

XIV 

XIV 

XIV 

XIV 
XIV 


III 


2G 


VI 

14 

VI 

■   14 

VI 

17 

VI 

18 

26 


III  26 

III  26 

III  34 

III  35 

III  26 

III  26 


III 

26 

III 

34 

111 

S 

III 

22 

IV 

17 

J30 


INDEX  TO  CHARTER. 


Index  to  Ordinances  at  end  of  Rev.  Code. 

index  to  Scheme,  pp.  279-280. 

Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

SPECIAL  ORDINANCES— 

See  Ordinances. 

SPECIAL  SESSIONS— 

See  Municipal  Asse7nbly :  Sessions. 

SPECIAL  TAXATION.  page. 

See  Streets.  Etc..  Area  rule  and  Front  foot  rule. 

for    boulevards    380 

l&vied  and  assessed  according  to  frontage  and  area,  appor- 
tionments             395 

I  QQO 

to  be  prima  facie  evidence  of  liability .j  'y:" 

j389 

to  be  a  lien  on  propertv )  '^1"' 

I  42() 
1445 

right   of  action   on,   exists <  ";,- 

I  41.T 

benefit  and  assessing  district,  how  established 395 

for  construction  of  sidewalks,  apportionment  by  front  foot 

rule    396 

,        .                       ^      .      „                                                              '  f39B 

for   improvement   of   alleys J.  ,„ . 

api)ortionment  of  cost  of  improvements 1  ,, 

i  41 1 

portions  paid  by  city  and  property  owner  respectively 404 

no   express   charter   limit 404 

for    district    sewers 410 

for  joint   district    sewers 411 

for  private  sewers 412 

for  street  sprinkling 42G 

[axxot-\tio.ns.] 

distinguished  from  condemnation 387 

distinguished  from  general  taxation 397 

(  H97 
upheld  as  exercise  of  taxing  power .  ""' 

validity  of   398 

f397 

what  property  is  subject  to .  '  398 

(416 

(397 
constitutional  i)rovisions  inapplicable  to 1  398 

(419 

front  foot  taxation 39S 

area  district  taxation 398 

(■398 
benefit  district J  399 

(390 
owner  concluded  from  disputing  benefits  or  necessity  of 

work    399 

tor  construction  of  sidewalks 400 

(  409 
for  sewers   ■)  41  n 

nature  of  liability   under,  actions    to    enforce,    etc. — See 
Special  Tax-Bills. 

how  far  in  ?em,and  how  far   in  personam 416 

not  regarded  with  disfavor  by  the  courts 417 

for  sprinkling,  held  void  where 426 

for  parks    431 

SPECIAL  TAX  BILLS— 

marshal  to  serve  notice  of 1414 

to  be  authenticated  by  president  of  board  of  public  improve-       /  S'il 
ments t  •llS 


VI 


VI 

14 

VI 

5 

VI 

25 

VI 

5 

VI 

25 

VI 

29 

XII 

6 

VI 

5 

VI 

25 

VI 

14 

VI 

14 

VI 

14 

VI 

IS 

VI 

18 

VI 

22 

VI 

IS 

VI 

18 

VI 

21 

VI 

22 

VI 

23 

VI 

29 

IV 

31 

VI 

25 

IV 

41 

VI 

24 

INDEX  TO  CHARTER.  B31 

( Index  to  Ordinances  at  end  of  Rev.  Code. 

i  Inde.v  to  Schemp,  pp.  279-28G. 

( index  to  tilate  Laws  for  St.  Louis,  pp.  225-256. 


name  of  owner,  condemnation, 
name  of  owner,  sewer  work.  . . 


how  made  out,  registered  and  delivered. 

making  out  and  signing 

delivery 


non-llablllly  of  city  on 

place  of  payment  to  be  designated 

collected  in  name  of  contractor 

rates  of  Interest  on  

action    for  false    return 

suit  by  attachment  against  non-resident  on 

certified  bill  Is  prima  facie  evidence — defenses 

certain,  to  be  divided  into  parts  and  may  be  paid  in  Install- 
ments    

bad  workmanship  a  defense 

Interest  on  

effect  of  non-payment  of  Interest  or  installments  when  due. 

limitation   of  lien   of 

entry  of  satisfaction  of 

payment  of 

may  be  assigned — formality  required 

tor  street  sprinkling 

for  abating  nuisances 


signed  by  deputies,  when  valid. 


may  be  Issued  against  what  property. 


PAOK. 

AKr. 

SEC. 

389 

VI 

5 

(410 

VI 

21 

1  III 

VI 

22 

■11 :! 

VI 

24 

413 

VI 

24 

413 

VI 

24 

»  418 

VI 

24 

1  411 

\'l 

25 

■113 

VI 

24 

414 

VI 

25 

414 

VI 

25 

414 

VI 

25 

414 

VI 

25 

414 

VI 

25 

414 

VI 

25 

414 

VI 

25 

414 

VI 

25 

415 

VI 

25 

415 

VI 

25 

415 

VI 

25 

/415 
420 

VI 

25 

VI 

26 

420 

VI 

26 

42G 

VI 

29 

445 

XII 

6 

[an.notation-s.] 
not  paid,  connection  with  sewer  denied 327 


J  387 
\389 


execution  or  scire  facias  cannot  issue  for.  in  original  street 
opening  proceedings  

for  local  improvements  distinguished  from  proceeding  to 
open  streets,  etc 3.S7 

(399 
lien  against  two  lots  in  one  judgment ■!  405 

l410 

for  work   where  partially  completed 400 

for  work  on  parts  of  streets 400 

pro  tanto  recovery  on,  where  ordinance  partly  valid 402 

no  recovery  on.  for  repairs,  where  work  was  reconstruction         405 
action  on.  not  defeated  for  failure  to  pay  damages  from 

change  of  grade  406 

for  sewers   409 

must  be  founded  on  proper  assessment 410 

for  sewer  work  is  not  exclusive  remedy  of  contractor. . . .         410 

.subslltnlion  of  new,  for  void 413 

amendment  of.  Irregularly  issued  or  void 413 

computation,  levying  and  assessing  by  president  B.  P.  I..         413 
signature  to.  by  president  B.  P.  1 413 

(413 

\  414 

Interest  on  415 

reduction  of  amount,  because  of  defective  work 415 

actions  to  enforce,  nature  of  liability  on,  essentials  of .  . . .         416 
none  against   public   property    41C 

(397 

\  398 

what  conditions  and  compliances  necessary  to  recovery  on         416 

technical  defenses  to.  how  regarded 417 

actions  of  officers,  presumed  correct.  In 417 

owners  and  names  In 417-41 S 


532 


INDEX  TO  CHARTER. 


{Index  to  Ordinances  at  end  of  Rev.  Code. 
Index  to  Scheme,  pp.  279-286. 
Index  to  l^tate  Laivs  for  St.  Louis,  pp.  225-256. 


PAGE.  .\RT.      SEC. 

defects  in  computing 418 

must  be  based  on  valid  assessment 418 

real  party  in  interest 418 

description  of  property  in 418 

attachment  in  aid  of  suit  on , 418 

demand  before  action  not  required 418 

allegations  in  petition 418 

how  far  prima  facie  evidence 418 

estoppel  of  owner  in  suit  on 419 

limitation  of  action  on 419 

delivery  presumed  when 419 

when  lien  attaches 420 

liability  of  city  to  contractor,  where  it  prevents  completion 

of  work  420    ■ 

installments 420 

assigning 420 

notice  of  letting  of  public  work,  and  delay  in  letting 423 

public  work  for  which  issued — See  Public  Work. 
delay  in  completion  of  work,  when  defense  to  suit  on ...  .  425 
not  defeated  because  space  between  railway  tracks  not  im- 
proved by  contractor 439 

railway  depots  and  yards  are  subject  to 440 

SPRINKLING— 

See  Street  Sprinkling. 

SQUARES— 

See  Puhlic  Grounds:  Parks. 

city  may  establish,  regulate,  etc.  (clause  2) 322  III        26 

STABLES— 

See  Livery  Stables;  Sale  and  Livery  Stables. 

city  may  regulate  use  of  light  in   (clause  12) 337  III         26 

STATIONARY  ENGINBERS- 

may  be  licensed   (clause  7) 333  III         26 

STATUTES— 

[AN'NOTATIDN.S.] 

overrule  conflicting  charter  provisions  or  ordinances,  when  290 

what  is  a  conflict  between  ordinance  and 290 

providing  city  to  be  treated  as  county,  when 292 

of  limitations — See  Limitations. 

STAVES— 

power  to  collect  wharfage  on  (clause  4) 329  III 

STEAM   BOILERS— 

may  provide  for  insiiection  of  (clause  7) .,.         333  III 

may  license  engineers  using  (clause  7) 333  III 

STOCK  DRIVING— 

power  to  prevent  same  through  city   (clause  6) 332  III 

STOCK  YARDS— 

|)ower  to  license,  tax  and  regulate  proprietors  of  (clause  5)         330  III 

power  to  iH-ohibit  same  within  certain  limits  (clause  0)....         332  III 

STONE  COAL— 

may  regulate  inspection  and  weighing  of  (clause  7) 334  III 

STONE  QUARRY— 
See  Quarries. 

STORAGE— 

power  to  regulate  storage  of  guni)0wder.  etc.  (clause  12)  ...  .  337  III         26 

STOVE— 

may  remove  or  prevent  construction  of  (clause  12) 337  III         26 


26 

26 
26 

20 

26 
26 

26 


INDEX  TO  CHARTER. 


.    533 


[■  Index  to  Onlinanies  at  end  of  Rev.  Code. 
Index  to  ^'c/iemc.  pp.  279-280. 
1  Index  to  State  Lairs  for  St.  Louis,  pp.  225-256. 


STREETS.  ALLEYS.  ETC.—  PAiiK. 

power  to  open,  vacate.  Improve,  sprinkling,  etc.  (clause  2) .  .  322 

power  to  Kiade.  liKht.  dean  and  re|>alr  (clause  2) 323 

vacation  of  (clause  2  I 328 

1379 

QQR 

board  of  public  improvements  to  recommend  all  ordinances  |  ^°" 

for  street  improvements  and  openings I  ,„5 

Wo 

I  421 

lots,  etc..  to  conform  to  established  street 379 

map  or  plat   of  new  blocks,  etc..  to  bear  certificate  of  re- 
sponsible  surveyor    379 

map  or  plat  to  be  approved  by  board  of  public  improvements  379 

dedication  to  public  use  of  streets,  alleys  and  public  places  380 
city  not  liable  for  damages  for  taking  building  on  i)roposed. 

when    380 

limitations  as  to  heavy  hauling  and  business  traffic,  condi- 
tions   380 

boulevards,  conditions  for  the  establishment  of 380 

private    places    '  ^^ 

discontinuance  of  boulevards 381 

opening,  widening  and  altering  same  can  only  be  done  on 

recommendation  of  board  of  public  Improvements 385 

Improvements  to  be  done  under  contract 421 

condemnation   of  private   property    for 385 

city  counselor  to  conduct  proceedings 385 

form   of   petition 385 

parties   defendant    385 

notice   to   defendants 388 

process  to  be  served  by  city  marshal 388 

notice    by    publication 388 

commissionere   to   assess   damages 388 

commissioners  to  be  freeholders 388 

majority  to  make  report 3SS 

duty  of  commissioners  as  to  damages  and  benefits 388 

assessment  of  benefits  to  be  a  lien  against  from  date  of  final 

Judgment    389 

benefits  In  opening  alleys,  by  whom  paid 389 

report  of  commissioners  to  be  made  under  oath 390 

report  may  be  reviewed  by  circuit  court,  when ;!90 

cost  of  proceedings,  how  paid 391 

report  of  commissioners  to  be  submitted  to  assembly 392 

failure  to  approve  or  disapprove 392 

right  of  city   to  withdraw  proceedings 392 

withdrawal  to  be  a  bar  for  ten  years 392 

proceedings  may  be  renewed,  when 392 

final  action  of  court  to  be  reported  to  comptroller 392 

copy  to  be  furnished  to  assembly 393 

appropriation  to  ply  damages 393 

failure  to  appropriate  to  operate  as  dismissal 393 

damages  to  be  paid  Into  court,  when 393 

improvements   to   proceed,   when 393 

condemnation    for    particular   uses 394 

meeting  of  board  to  consider  proposed  Improvements 395 

I  395 

I  40] 

improvements  how  made  and  paid  for..                        '  Jirt 

404 

vote    of    board 39'> 

guarantee   and    repair 395 

partial    grading    of 395 

spociflcallons  in  ordinances  to  be  recommended  by  board..  101 
must    be    established    and    dedlcaloil    boforc    Improvements 

are    ordered                                                              4'pi 


\H\. 

SEC. 

Ill 

26 

III 

26 

III 

26 

VI 

I 

VI 

9 

\  1 

14 

VI 

17 

VI 

27 

VI 

I 

VI 

1 

VI 

L 

VI 

1 

VI 

■  1 

VI 

1 

VI 

1 

VI 

1 

VI 

15 

VI 

1 

VI 

2 

VI 

27 

VI 

•> 

VI 

2 

VI 

2 

VI 

•> 

VI 

3 

VI 

3 

VI 

3 

VI 

4 

VI 

4 

VI 

4 

\I 

5 

VI 

5 

VI 

5 

VI 

6 

VI 

7 

VI 

8 

VI 

9 

VI 

9 

VI 

9 

VI 

9 

VI 

9 

VI 

10 

VI 

10 

VI 

10 

V! 

10 

VI 

11 

VI 

11 

VI 

12 

VI 

14 

VI 

14 

VI 

1.-. 

VI 

17 

VI 

18 

VI 

11 

VI 

11 

VI 

11 

VI 

15 

VI 


1.". 


534 


INDEX  TO  CHARTER. 


Index  to  Ordinances  at  end  of  Rev.  Code. 

Index  to  Scheme,  pp.  279-286. 

index  to  State  Laws  for  St.  Louis,  pp.  225-256. 


vote  of  assembly  on  improvement  bills 403 

apportionment  of  cost  of  improvement 404 

the  portion  to  be  paid  by  city 404 

city  to  pay  damages  caused  by  change  of  grade,  when 405 

special  tax  bills  for,  how  made  out 413 

improvements  to  be  done  under  contract 421 

ordinances  for  opening  of.   reiiealed 453 

pending  cases  to  be  conducted  under  former  charter 453 

[axnotatioxs.] 

control  of  state  over 323 

(■323 

for  what  purposes  may  be  used — use  must  be  public.  ...  1324 

(437 

r  3*^3 

obstruction  of,  when  permitted,  and  when  not i  „" 

1  3'^S 

what  are  proper  uses  of.  and  what  not <  "iz" 

i  324 

vacating,   when   not   permissible •  „,,■ 

Steam   railways  in,  when  ordinance  for  void {'^- 

street   railways  in,  when  ordinance  for  void,  etc 325 

vacating,    effect,    rules,    power 326 

f  326 

liability  of  city  for  damages  for  defective,  etc ^  "wi 

Iveeping  clear  of  snow  and  ice,  etc /  „rl 

temporary  closing  of 339 

opening,  widening,  etc.,  nature  of  proceeding 381 

elevations  of,  who  determines — city  directrix 381 

opening    and    improvement    of,    how    far    legislative    and 

how    far    ministerial    382 

what  is  street,  sidewalk,  highway,  what  included 382 

distinction   between   streets  and  alleys 382 

free  bridge  across  Mississippi  is  highway 382 

special  rights  of  property  owners  abutting  on 382 

ownership  of  fee,  in  whom \  ,,oq 

how    established    383 

dedication  of — .S'ee  Dedication. 

as  boulevards — .s'ee  Boulevards. 

condemnation  of  pro])erty  for — See  Condemnation. 

openings  begun  under  old  charter  after  new  de  facto  valid  386 

proceedings  for  opening,  widen,  etc.,  what  necessary....  386 

effect  and  conclusiveness  of  proceedings  to  open,  widen, 

etc 387 

opening  proceedings  distinguished  from  assessing  benefits 

for  local  improvements  and  taxation 387 

parties  to  street  opening  proceedings 388 

damages  and  benefits  in  proceedings  to  open I  tnt 

exceptions  to  commissioners'   report 390-391 

cost  of  condemnation  proceedings 391 

dismissal  of  condemnation  proceedings 392 

appeal    from    393 

special  taxation  and  special  tax  bills  for  improvement  of 
— See  Special  Taxation;  Special  Tax  Bills. 

notice  of  meeting  of  B.  P.  I.,  materials  to  be  used,  etc.  .  .  .  399 

improvement   of  parts  of 400 

remonstrance  against  improvement  of /  jj?!: 


VI 

16 

VI 

18 

VI 

18 

VI 

19 

VI 

24 

VI 

27 

XVI 

4 

XVI 

4 

INDEX  TO  CHARTER. 


535 


I  Index  to  Ordinaincs  at  end  of  Rev.  Code. 

'  Index  to  Srliemc,  pp.  27it-2Sr.. 

[  index  to  State  Laws  for  St.  Louis,  pp.  225-256. 


ordinance  for  Improvement  of 401 

guarantee  and   maintenance   clause   In   contracts   for   im- 

lirovluK    402 

specilicatlon  of  materials  for  paving,  by  B.  P.  1 402-403 

dedication  of.  l)efore  Improvement    ("proviso") 403 

ordinances    for    improvement    of.    must    emanate    from 

B.  P.  1 404 

change  of  grade,  discussion |  i},_ 

street  railways  In 437 

STREET  COMMISSIONER— 

term  of  office 345 

shall  be  appointed  by  mayor 345 

shall  be  a  member  of  board  of  public  Improvements 345 

approved  by  council 348 

shall  devote  whole  time  to  duties  of  office 350 

shall  be  head  of  street  department 359 

responsible  for  action  of  his  employes 359 

shall  have  charge  of  construction,  reconstruction,  repairing 

and  cleaning  of  streets,  alleys,  etc 359 

assembly  may  provide  additional  duties  and  employes  for. . .  361 

shall  make  annual  reports  to  mayor 364 

STREET   EXHIBITIONS— 

power  to  license,  tax  or  regulate   (clause  5) 330 

STREET   RAILROAD   CARS— 

power  to  license,  tax  or  regulate  (clause  5) 330 

STREET  RAILROADS— 

power  to  license,  tax  and  regulate  (clause  5) 330 

city  may   regulate  fares,  trips,   repairs  of  tracks,   kinds  of 

rails  and  vehicles   (clause  11) 336 

free  passes  on,  forbidden   (clause  11 ) 336 

power  to  grant  franchises   (clause  11) 336 

power  to  sell  franchise  or  right  of  way 435 

power  of  assembly  in  reference  to 435 

power  to  impose  per  capita  tax  on  passengers 435 

power  to  impose  tax  on  gross  receipts 435 

all  companies  hereafter  Incorporated  to  be  subject  to  charter  435 

assembly  may  regulate  running  of  cars 438 

may  regulate  rates  of  fares 438 

may  tax  proi)erty  of  companies 438 

surrender  of  franchise,  how  effected 439 

uniform  gauge   required 439 

width  of  rail  prescribed 439 

company  to  keep  streets  between   rails  in   perfect  repair..  439 

companies  to  give  bond 439 

right  of  one  company  to  run  cars  on  track  of  another. . . .  440 
franchises  to  be  forfeited  unless  put  in  use  within  one  year, 

when    441 

[anxotations.1 

when  ordinances  for  void 325 

power  of  city  over 325 

effect  of  reservation  to  alter,  amend  or  repeal  ordinance.  337 
general   discussion    of    constitutional,   statutory,   charter 

and  ordinance  powers  of  city,  respecting 436-439 

state   policy   respecting 436 

grant  of  franchise  to.  powers  of  city 436 

samp,   franchises   how   derived 437 

forfvitur.-   of    franchises    of /^J 


.viir.     SEC. 


IV 

<) 

IV 

3 

IV 

3 

IV 

9 

IV 

11 

IV 

34 

IV 

34 

IV 

35 

IV 

42 

IV 

47 

III 


III 


III 


26 


26 


III 

26 

III 

26 

III 

26 

X 

1 

X 

1 

X 

I 

X 

1 

X 

1 

X 

2 

X 

2 

X 

2 

X 

3 

X 

4 

X 

4 

X 

.') 

X 

5 

X 

6 

Ill 

26 

VI 

29 

VI 

29 

VI 

29 

VI 

29 

VI 

29 

VI 

29 

VI 

29 

VI 

29 

53G  INDEX  TO  CHARTER. 

Index  to  Ordinances  at  end  of  Rev.  Code. 

Index  to  Scheme,  pp.  279-286. 

index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

PA(iK.  AhT.       SEC. 

are  not   permissible  in  streets,  when 437 

liability  for  damages  to  owners  in  laying  tracks,  etc....  437 

franchises  from  city  to,  are  protected  as  contracts 437 

effect  of  charter  on  prior  franchises  to 438 

what  passes  under  franchise  to 438 

effect   of   law    requiring,   to   keep   street   between   rails   in 

repair    439 

right  to  run  over  tracks  of  another  company,  compensa- 
tion,   condemnation,    etc 440 

STREET  SPRINKLING — 

authorized .[  ,^- 

i  4*it> 

special  tax  bills  therefor  issued  in  favor  of  city 426 

contracts  made  annually  by  board  of  public  improvements.  42G 

sprinkling  districts   426 

date  of  special  tax  lien — interest 426 

cost  of  sprinkling  jjaid  out  of  city  treasury 426 

city   reimbursed  by  special   tax  bills 42G 

special  taxation  for  street  sprinkling  authorized.... 426 

[.\N.\0TATI0NS.] 

'  taxation   for,   where   held   void 426 

SUBJECT— 

must  be  clearly  expressed  in  title 310  III         13 

SUBPOENA  DUCES  TECUM— 

assembly's  power  to  issue 342  III     31 

[annotations.] 
power  of  assembly  to  issue  and  jninish  for  contempt....  342 

SUITS— 

See  Actions. 

SUPERINTENDENTS— 

of  work  house,  how  appointed 345  I\'  2' 

of  city   hospital,   how   appointed 444  XII  ."i 

of  female  hospital,  how  appointed 444  XII  .t 

of  insane  asylum,  how  appointed 444  XII  '< 

of  quarantine,    how    appointed 444  Xll  .'p 

SUPERINTENDENT  OP  FIRE  AND  POLICE  TELEGRAPH— 
See  Fire  and  Police  Telegraph. 
how  appointed    345  IV  2 

SUPERINTENDENT  OF  HOUSE  OF  REFUGE— 
See  House  of  Refuge. 
how  appointed    345  IV  2 

SUPPLIES— 

See  Commissioner  of  Supplies. 

SUSPENSION— 

.S'ee  Council:  Mayor:  Offices  and  Officers. 

of  public   work   on   complaint ,... 423  VI         28 

'  SYRUPS— 

may  regulate  insijection  of    (clause   7) 333  111         26 

T 

TAXES— 

See  License  Tax:  Licenses  and  t^arious  callings.  Etc:  Reve- 
nue: Special  Taxation:  Special  Tax  Bills. 

power  to  levy  and  collect  general  taxes  (clause  1 ) 320 

to  pay   bonded   interest,   etc 321 

on  occupations,  etc.  (clause  5) 330 

assembly  forbidden  to  remit 341 

collector  to  collect  all  city,  slate  and  school  taxes 35G 


in 

26 

III 

26 

111 

26 

111 

30 

IV 

24 

INDEX  TO  CHARTER.  537 

C  Index  to  Ordinances  at  end  of  Rev.  Code. 

\  Index  to  Scheme,  pp.  279-28C. 

( index  to  State  I.airs  for  St.  Louis,  pi).  225-25C. 

I'AGK.  .VKT.       SKC. 

rates  for  various  purposes  specifled 366  V  1 

rates  for  erecting  public  buildings,  how  increased ;!G7  \'  1 

municipal  assembly  to  levy,  assess  and  collect   for  all  pur- 
poses     3G7  V  1 

classification  of  taxes [^'if,  ,,  ]. 

payment  of,  how  enforced 369  V  3 

taxes  collected  for  Interest  and  public  debt  to  be  kept  dis- 
tinct    3G9  V  (i 

assessment  of,  in  city 371  V  15 

when  assessment  shall  commence  and  end 371  V  16 

board  of  equalization 374  V  24 

state,  school  and  city  hills,  how  prepared 375  V  26 

bills  to  be  delivered  to  comptroller 375  V  26 

receipt  of  collector  for  bills 375  V  26 

ordinance  to  establish  percentage  of  by  fourth  Monday  in 

May  of  each  year 375  V  27 

failure   to  establish   percentage,   last   previously  established 

prevails   375  V  27 

comptroller  may  correct  manifest  errors  in 375  V  28 

authority   of  comptroller   in   reference   to  delinquent    taxes 

and  "sale  of  land  for  taxes" 376  V  29 

rebate  of  S  per  cent  allowed  on  bills,  when 377  \'  32 

for  schools,  assessment  of 449  .\  1 1 1  2 

for  schools,  collection  of 449  XI li  3 

for  schools,  rate  of 449  \  1 11  4 

school  taxes  in  extended  limits  and  when  remitted 449  Xlll  h 

to  be  unaffected  by  charter,  when 453  XVI  2 

[axnotations.] 
non-payment  of,  so  as  to  disqualify  from  office,  what  is.  .       !  ,^^ 

and  taxation,  by  city,  subject  discussed 36(1-36!) 

assessment  of — See  Assessment. 

special,  and  special  taxation — See  Special  Tax-Bills:  Spe- 

c  in/  Taxation. 
for  public  school  funds — See  Public  Schools. 

TAX  BILLS— 

See  Special  Tax  Bills. 

TELEGRAPH  COMPANIES— 

power  to  license,  tax  and  regulate  (clause  5) 330  III         26 

TELEPHONE  COMPANIES— 

[annotatio.ns.] 

rates  of,  cannot  be  governed  by  a  city,  when 290 

rights  of  to  apparatus  in  or  under  streets,  etc.,  see  Index 

in  Revised  Code,  under  Electric  Wires,  Conduits,  Poles. 

etc.:  also  Telephone  Cos. 

TENE.MENT   HOISES— 

power  to  license,  tax  and  regulate  (clause  5) 329  111         26 

THEATRICAL  EXHIBITIONS— 

power  to  license,  tax  and  regulate  (clause  5) 330  III         26 

TICKETS— 

blank  forms  of.  how  Issued 369  V  5 

unused  to  be  returned 370  V  8 

TIPPLING  HOfSES— 
Sec  Dramshops. 
power  to  license,  regulate  or  sui)press  (clause  5) 330  III        26 

TIRES — 

power  to  regulate  width  of  (clause  5) . .  .  330  III         26 


538 


INDEX  TO  CHARTER. 


Ill 


III 
XII 


26 


26 


Index  to  Ordinances  at  end  of  Rev.  Code. 

Index  to  Scheme,  pp.  279-286. 

index  to  State  Laivs  for  St.  Louis,  pp.  225-256. 

TITLE—  PAGE.  ART.      SEC. 

See  Ordinances. 

of  bills  insufficient  to  re-enact 312  III         18 

TITLE   EXAMINERS— 

power  to  license,  tax  and  regulate  (clause  5) 330  111         26 

TONNAGE— 

See  Wharfage. 

TOWBOATS— 

power  to  regulate  and  license  (clause  4) 329  III 

TRADES— 

power  to  license,  regulate  or  suppress   (clause  .5) 330  III 

TREASURER— 

to  be  elected  for  four  years 344  IV 

duties   of    354 

f354 

356 

I  358 

all  collections  by  officers  to  be  deposited  with {  370 

I  376 
I  429 
^461 

shall    report   delinquencies   to   mayor 354 

[354 

H70 

shall  issue  triplicate  receipts  to  party  paying  money vji- 

[429 

shall  make  all  payments  on  pay-rolls 354 

his  bool<s  to  be  open  to  inspection  of  mayor,  etc 355 

shall   report  balance  in  treasury  to  mayor  and  comptroller 

daily    355 

shall  give  bond  in  not  less  than  $500,000 355 

shall  assist  in  selecting  bank  for  city  deposits 355 

■■'^■^°'-'  °f  Vm 

duties  as  to  payment  of  damages  in  condemnation  proceed- 
ings    , 393  VI 

TRUSTEE— 

[annotations.] 

city  may  be,  in  testamentary  trust 295 

liroperty  held  by  city  as,  is  taxable 369 

necessity  of  party,  as  owner,  in  special  tax-bill 417 

city  cannot  sue  contractor,  as  trustee  for  property  owners  424 

TURPENTINE— 

may  regulate  inspection  of  (clause  7) 333 

u 

UNDERTAKERS — 

power  to  license,  tax  and  regulate  (clause  5) 329 

duties  of  in  reference  to  burial  certificates 446 

V 

VACANCY— 

See  Covniil :  House  of  Delegates:  Mayor;  Offices  and 

Officers. 
in  assembly,  how  filled 306  III 


IV 

22 

IV 

22 

IV 

24 

IV 

30 

V 

7 

V 

31 

VII 

9 

XVI 

IS 

IV 

22 

IV 

99 

V 

7 

V 

31 

VII 

9 

IV 

22 

IV 

22 

IV 

22 

IV 

22 

IV 

90 

IV 

47 

IV 

48 

10 


26 


26 
10 


INDEX  TO  CHAHTER. 


539 


Index  to  Ordinances  at  end  of  Rev.  Code. 

Index  to  Scheme,  pp.  279-28C. 

index  to  S/a/c  Louis  for  St.  Louis,  pp.  225-250. 


[.\.NNOTAT!0.N8.] 

In  assembly,  how  filled... 


V.MhTS— 

may  regulate  and  prohibit  building  (clause  9). 


PACiK. 

f306 
1  350-331 


335 


ART.       SEC. 


VKGETABLES— 

may  regulate  Inspection  and  vending  of   (clause  7). 
may  restrain  and  punish  forestalling  of   (clause  7). 

VEHR'LES— 

l)0\ver  to  license,  tax  and  regulate  (clause  5) 

VENKI{E.A.L  HOSPITALS— 

power  lo  license,  tax  or  suppress  (clause  5) 

VESSELS— 

power  to  regulate  anchoring  and  mooring  of 

VETO— 

Set"  Mayor:  Ordinances. 

VINEGAR— 

may   regulate  Inspection  of   (clause  7) 


VITRIOL  FACTORIES— 

power  to  prohibit  within  certain  limits  (clause  G) 

VOTE— 

Assembly — Two-thirds  Vote: 

may  expel  members 

pass  emergency  clause  In  bill 

pass  bill  over  mayor's  veto 

remit  taxes  or  compromise  claims 

Increase    police    justices 

create  new  offices 

pass  iniiirovement  bills  with  remonstrance 

laying  of  water  pipes 

second  printing  of  public  documents 

Assembly — Majority   Vote: 

pass  bill   

amend    bill    

improvement  bills  without  remonstrance 

printing   mayor's   message 

Vssenibly — Three-fourths  Vote: 

to  distribute  duties  and  abrogate  offices 

Council — Two-thirds  Vote: 

remove  elected  officers 

Council— .Majority  Vote: 

remove  suspended  officers 

remove  appointed  officers 

confirm  mayor's  appointments 

elect  where  no  nomination  Is  submitted 

Board  of  Public  Improvements — Two-thirds  Vote: 

recommend  ordlnanc-e  with  remonstrance 

Board  of  Public   Improvements — Majority  Vote 

recommenil  onllnance  without  remonstrance  

Kund  Commissioners — I'nanimous  Vote: 

selecting  bank  for  city  deposits 

Qualified  Voters— Two-thirds  Vote: 

to  Issue  bonds 

to  increase  rate  of  taxation  for  public  buildings 

to  Increase  debt.  Section  12.  Article  X,  State  Constitution.. 
Qualified  Voters — Majority  Vote: 

In  Issue  bonds.  Section  12.  Article  X.  State  Constitution.... 
Qualified  Voters— Three-fifths  Vote: 

to  amend  Charter.  Section  22.  Article  IX,  State  Constitution. 


355 

321 
3G7 


III 


IV 

III 
V 


2G 


334 

111 

2G 

334 

III 

26 

330 

111 

26 

330 

111 

26 

(3-2!) 

111 

2G 

1434 

IX 

.^8 

333 

111 

26 

332 

III 

26 

307 

III 

8 

312 

111 

21 

314 

III 

25 

341 

111 

30 

357 

IV 

27 

3C3 

IV 

45 

403 

VI 

16 

428 

VII 

5 

451 

XV 

2 

311 

III 

IG 

311 

III 

17 

403 

VI 

It; 

451 

XV 

O 

342 

III 

32 

350 

IV 

12 

347 

IV 

R 

348 

IV 

8 

348 

IV 

9 

348 

IV 

9 

395 

VI 

1  1 

395 

VI 

14 

540 


INDEX  TO  CHARTER. 


Index  to  Ordinances  at  end  of  Rev.  Code. 

Index  to  Scheme,  pp.  279-2SC. 

Index  to  State  Laics  for  St.  Louis,  pp.  225-25G. 


WAGONAGE—  paue. 

power  to  fix  rates  of  (clause  5) 330 

WAGONS— 

power  to  license,  tax  and  regulate  (clause  5 ) 330 

WALLS — 

dangerous,  to  be  removed  ( clause  12) 337 

WARDS— 

city  to  be  divided  into  twenty-eight  wards 296 

correction  of  ward  limits  every  five  years 303 

permanent   division  lines 303 

WATER  COMMISSIONER— 

term  of  office 345 

shall  be  appointed  by  mayor ,  i.i- 

shall  be  a  member  of  board  of  public  improvements 3t.5 

approved  by  council 427 

f359 

shall  be  head  of  water  works  department J.  3ti0 

[  427 
shall   have   supervision   of   entire  water   works   department 

except  water  rates 360 

assembly  may  provide  additional  duties  for 3G1 

shall  make  annual  reports  to  mayor 364 

term  of  office  and  bond 427 

appointment  of  subordinates 427 

shall  assume  charge  of  water  works 427 

contracts  for  work  to  be  approved  by  council 427 

to  lay  water  pipe,   when 428 

may  enforce  use  of  water,  when —  -. 428 

WATER  PIPES— 

connection  can  only  be  made  under  permit 394 

[ax  NOTATION- s.] 

city  may  purchase,  laid  by  private  citizens  when 428 

laying  of,  what  ordinance  valid 428 

WATER  RATES— 

See  Assessor  and  Collector  of  Water  Kates. 

assessment  and  collection  of 429 

issue  of  water  licenses 429 

municipal  assembly  may  regulate 429 

to  be  fixed  so  as  to  pay  expenses  and  interest  on  water  bonds  430 

exceptional  discrimination  forbidden 430 

WATER  WORKS— 

city  may  purchase  and  hold  property  for 294 

right  of  city  to  issue  bonds  tor 320 

power  to  establish  and  maintain   (clause  2 ) 323 

..,.,,.  (34.5 

commissioner  be  appointed  by  mayor ,  ^.2, 

to  be  under  charge  of  water  commissioner ,o- 

condemnation   of  private  property   for   route  of   water  pipe,  i  38ij 

etc (428 

regulations  for  pipe  connections 394 

to  be  under  control  and  management  of  water  commissioner  427 

shali   be  d^'   qualified   engineer 427 

term  of  office  and  bond 427 

appointment    of   subordinates 427 


.\I!T.      SEC. 

Ill        26 


III         26 


III 


I 

3 

I 

4 

I 

4 

IV 

9 

IV 

3 

VII 

1 

IV 

3 

VII 

1 

IV 

34 

IV 

O  1 

VII 

1 

IV 

O  i 

IV 

42 

IV 

47 

VII 

1 

VII 

1 

VII 

■7 

VII 

3 

VII 

5 

VII 

6 

VI 


13 


VII 

( 

VII 

10 

VII 

11 

VII 

12 

VII 

12 

I 

1 

III 

2G 

III 

26 

IV 

O 

VII 

1 

IV 

o- 

VII 

1 

VI 

2 

VII 

4 

VI 

13 

VII 

1 

VII 

1 

VII 

I 

VII 

1 

INDEX  TO  CHARTER. 


541 


Index  10  Ordinances  at  end  of  Rev.  Code. 

index  to  Scheme,  pp.  279-28G. 

Index  to  Sfate />ai(!S  for  St.  Lonls.  pp.  225-256. 


|'.\<;k. 

commissioner  to  assume  charge  of  water  works 427 

to  enforce  the  performance  of  existing  contracts 427 

present   board  of  commissioners  to  turn  over  property....  427 
term  of  board  of  water  commissioners  and  their  appointees 

to  cease,  when   427 

commissioner   to   let   contracts 427 

all  contracts  to  be  approved  by  council 427 

city  to  be  liable  for  damages  for  real  estate  taken  for 428 

laying  of  water  pipe  on  streets  and  alleys 428 

<onimlssloner  shall  lay  pipe 428 

cost   of   i)li)e.   how   paid 428 

commissioner  may  requli-e  owners  of  buildings  to  tal\e  out 

license,   when 42S 

penalty  for  failure  to  comply 428 

assessment  and  collection  of  water  rates 429 

collections  to  be  paid  into  treasury  dally 429 

issue  of  water  licenses 429 

assembly  may  regulate  rales 429 

revenue   from,   how   api)lleil    430 

redem|)tlon  of  water  bonds 430 

fund  to  be  provided  to  pay  interest  and  principal  of  water 

bonds    430 

exceptional  discriminations  forbidden 430 

cannot   be  sold  or  disposed  of 430 

provision  to  be  made  for  extension  of 430 


AHT. 

SKC. 

VII 

o 

VII 

•> 

VI 1 

2 

Vil 

2 

VII 

3 

VII 

■A 

VII 

4 

VII 

5 

Vll 

5 

VII 

5 

VII 

6 

VII 

a 

VII 

t 

VII 

it 

VII 

111 

VII 

11 

VII 

11 

VII 

11 

VII 

11 

VII 

12 

Vll 

13 

VII 

13 

WEIGHTS  AND  MEASURES— 

Sff  Inspector  of  ^yeights  and  Measures. 

power  to  regulate  and  establish  standard  of   (clause  7)... 

power  to  provide  for  Inspection  of  same    (clause  7) 

Inspector  of.  duties  and  compensation 


WHARF— 

Si;-  Harhor  and  Wharf  Commissioner:  Harbor  ami  M'harf 
Department. 

power  to  regulate,  etc.  (clauses  2  and  4 » 


power  to  establish.  Improve,  etc.   (clause  4) 

may   set    aside    portions   of    improved    for   special    purposes 

( clause  4 )    

lease  of  not  to  exceed  fifty  years  (clause  4) 

power  to  erect,  repair  and  regulate   (clause  4 ) 

power  to  lease  portions  of  ( clause  4 ) 

shall  be  under  charge  of  harbor  and  wharf  commissioner.  . 
condemnation  of  private  property  for 

WHARFAGE— 

power  to  charge  wharfage  and  tonnage  dues  (clause  4)  . . . . 

to  be  collected  by  collector 

power  of  assembly  to  levy  and  collect 

on   what  articles   ( clause  4 ) 

bills  to  be  made  out  by  commissioner 

proceeds  of  to  be  credited  to  harbor  fund 


WHARF  BOATS— 

mooring  of    (clause  4 ) . . . .  . 

owners  of  forbidden  to  receivi'  iiunmi.-isidns.   when. 
I>enalty  for  violating  provisions  of  charier,  when... 


noi   to  affect   wharfage  dues. 


WHISKEY— 

may  regulate  Insiiectlon  of  (clause  7i 


333 
333 
358 


III 

26 

III 

26 

IV 

30 

(  322 

III 

26 

(  320 

III 

26 

329 

III 

26 

329 

III 

26 

329 

III 

26 

329 

HI 

26 

329 

III 

26 

360 

rv 

38 

385 

VI 

2 

329 

III 

26 

(  35(1 

IV 

24 

(434 

IX 

6 

369 

V 

4 

329 

III 

26 

434 

IX 

6 

434 

IX 

7 

1  329 

III 

26 

1  431 

IX 

8 

435 

IX 

9 

435 

IX 

9 

435 

IX 

III 

333 


III 


542  INDEX  TO  CHARTER. 

[■  Index  to  Ordinances  at  end  of  Rev.  Code. 

I  index  to  Scheme,  pp.  279-286. 

[  Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

WINES — 

may  regulate  inspection  of   (clause  7) 

WITNESSES— 

power  to  fix  compensation  of   (clause  8) 

assembly   may  compel   attendance  of 

[aXXOTATIO-NS.] 

fees  of.  when  not  allowed,  etc 

power  of  assembly  to  compel  attendance,  etc 

WOODEN  BUILDINGS— 
See  Buildings. 

WORK  HOUSE— 

city  may  purchase  and  hold  property  for 

issuance  of  bonds  for 

power  to  erect,  purchase  or  rent   (clause  3 ) 

commitments  to  same   (clause  10) 

imprisonment  not   to  exceed  six  months    (clause  10) 

persons  committed  to  be  compelled  to  work  (clause  10)  . . . 
fifty  cents  per  day  to  be  allowed  for  work   (clause  10)... 

superintendent  of  to  be  appointed  by  mayor 

term   of  office   four   years 

first  appointment  to  be  for  two  years 

to  be  approved  by  council 

shall  make  annual  reports  to  mayor 

WORLD'S  FAIR  BONDS— 

[annotations.] 
reference  to  constitution,  etc 322 

YEAS  AND  NAYS— 

See  Municipal  Assembly:  Ordinances ;  Tote. 


PAGE. 

ART. 

SEC. 

333 

Ill 

2G 

334 

III 

S6 

342 

III 

3i 

335 

342 

294 

I 

1 

320 

III 

328 

III 

26 

336 

III 

26 

33G 

III 

26 

33G 

III 

26 

336 

III 

26 

345 

IV 

2 

345 

IV 

2 

345 

IV 

2 

348 

IV 

» 

364 

IV 

47 

PART  III 


THH  RHVISKD  CODK  OF  ST.  LOUIS. 

(HKINC   Oh'DIXAXCF,  l'L'<H)'_'.  Al'l'KONKl  >   .MAIx'Cll    l-.t,    I'.Hi:.) 


Containing  the  General  Ordinance  Pro\isions. 


].— ()J{I)1NAN(  K    IX     IIEVISIO^'    OF    Till-:    (iEXERAL 
OK'DI  NANCES. 

•J.  — AIM'KNDIX     I'O  (JKXKKWl,  ( )in  )I  N  A\( 'ES. 

C'ONTAININC!  ()IU)INANCKS  Ari'HoVKD  TOO    I,ATK    TO    APPEAR   IN 

ORDINANCE  IN  REVISION,  INCLUUINO  THOSE  ENACTED 

DOWN    TO   SESSION    BEGINNING    IN  APRIL,  1907. 


ORDINANCE    No.     22902. 

(Approv.Hl   M:iri-li   19,  19U7.) 


A>    ORUIIVAINCE 


-IN- 


Revision  of  the  General  Ordinances 


-OF  THE- 


CITY   OF    ST.    LOUI». 


r>r  it  ordained  In/  the    Municipal  Assembltj  of  the  City 
of  St.  Louis  as  follows: 

Scitioii    1.     'riial    ill   revision   ol'   liic  j.'('iu'r;il   (iidiiiaiKcs  of  tli(>  v\[\   liic 
same  shall  lie  elassitied  into  eluiptoi-s.  articles  and  seelions  as  follows: 


i'hnptrr    1.      liullfllnKN,  depnrtiiipnt   of. 

Arltcli'   I.     Of   pubHc   bulldinss. 

Artlcli-  II.  Of  commissioner  of  public 
buildings. 

Article   III.     Of   gunpowder. 

Article  IV.  Of  the  Inspection,  con- 
struction, removal,  safeguarding  of 
buildings,  protection  of  lives  and  safe- 
ty of  persons  in  public  buildings  and 
of  tl>e  protortlnn  of  property  against 
tire 


(  hiipirr 


(If  city  »iur\»*>ttr«». 


rhiiptrr   3.      Ot   roronrr    niiil    iiuiruiii-. 
Article    I.      Of  coromi'. 
Article  II.     Of  morgue. 

rliiiptrr    I.      of  dny   Inhorrr^. 
(   hiipl**r   .">.      1>f    ilrlnklnu    ftiiinliilnx. 
i   liii|>li-r    .*»ii.       Of    rii<-lor>     ii|.«in*<-llim. 
I   hiipIrr    <t.       I'lrr    ilfP'irt  iiirnf . 
rhiiptrr    7.       l-'Irr    nnil    polirr    (t-lfuniph    ilr- 
piirl  llirllt. 

rhspltr    s,      (»f    f1ri>%Mtoil    mill    chnrt'onl. 
<    llnptcr    P.       or    Kilo.    llloiH-i-tloii    of. 


<'liliptrr      10.        Ilitrltor     iiihI      \^lln^l'     dc|iar(- 
■tient. 

Article   I.     Of   harbor  and    wliarf   regu- 
lations, and  herein  of  offenses. 
Article  II.     Of  wharfage. 
Article   III.     Of  wharfboats. 
Article  IV.     Of  wood. 
Article   V.      Of   scavenger   dumps. 
.\rtlile    VI.      Of   ferrU-.s 

(liiiplrr    II.      Ilonlth   ilrpnrliiieal. 

.Vrtlcle   I.     Of  board  of  health. 

Article     II.       Of     health     commissioner 

and   assistants. 

Article   III.      Of   city   bacteriologist. 
Article  IV.     Of  city  chemist. 
Article   V.      Of    Inspection    of   milk    and 

creom  and  of  licensing  and  regulating 

the   sale    thereof. 
Article    VI.      Of    rcgulotlons    of    dairies 

and  cow  stables. 
Article  VII.     Of  Inspection  of  meat,  (Ish. 

vegetables  and  fruit. 
Article   VIII.      Of  poisons. 
Article    IX.      Of  adulterated   articles. 
Arllclc    X.      Of    regulations    concerning 

the  cutting  of  ice. 


54G 


REVISED  CODE  OR  GENERAL  ORDINANCES. 


[CHAP.  1. 


Article  XI.  Of  regulations  of  vaults, 
privies    and    water    closets. 

Article    XII.      Of    nuisances. 

Article  XIII.  Of  carcasses  of  dead  ani- 
mals, and  garbage  or  offal. 

Article  XIV.     Of  vital  statistics. 

Article  XV.  Of  regulations  concern- 
ing tile  practice  of  medicine  and  sur- 
gery  and   midwifery. 

Article  XVI.  Of  city  hospital,  hospital 
for  females,  insane  asylum  and  dis- 
pensaries. 

Article  XVII.     Of  poor  house. 

Article  XVIII.  Of  regulations  concern- 
ing contagious,  infectious  and  pesti- 
lential diseases. 

Article   XIX.      Of   quarantine. 

Article  XX.     Of  mortuary   records. 

Article  XXI.  Of  regulations  concern- 
ing the  transportation  and  disinter- 
ment of  dead  bodies. 

Article    XXII.      Of    cemeteries. 

Article    XXIII.      Of    crematories. 

Article  XXIV.  Of  bringing  insane  per- 
sons and   paupers  into  city. 

Article  XXV  Of  salaries  of  officers 
and  employes. 

Chapter    12.      Of    highways. 

Article    I.      Of    street    openings. 

Article  II.     Of  construction  and  repairs. 

and   preventing  obstructions. 
Article  III.     Of  sprinkling. 
Article  IV.     Of  numbering  of  houses. 
Article   V.      Of   stationary    awnings. 
Article  VI.     Of  electric  wires,  tubes  and 

cables. 
Article      VII.      Of      supervisor     of      city 

lighting  and   regulations  pertaining  to 

electrical    apparatus. 
Article  VIII.     Of  city  lighting  and   mu- 
nicipal   lighting  plants. 
Article  IX.     Of  telegraph  and  telephone 

poles. 
Article   X.      Of    garbage    disposal. 
Article  XI.      Of  offenses  connected  with 

highways. 
Article   XII.      Of   city    forester. 

Chapter  13.     Judicial  department. 

Article  I.     Of   police  courts  of  first  and 

second    district. 
Article  II.     Of  police  court  south  of  At- 

senal    street. 
Article  III.     Of  justices  of  the  peace. 
Article   IV.      Of  marshal. 
Article   V.      Of  jury    commissioner. 
Article  VI.      Of  compensation  of  jurors 
Article   VII.      Of   probate   court. 
Article  VIII.     Of  juvenile  court. 

Chapter   14.      I.aw   department. 

Article  1.     Of  city  attorney. 

-Article    II.      Of   city    counselor. 
Chapter    l.">.      I.eiiislatlve    department. 

.\rticle    T.      Of    muiiiripal    assembl.v. 

.•Vrticle  II.     Of  ordinances. 
Chapter  1(S.     Of  markets. 

Article  I.     Of  names  and  boundaries. 

Article  IT.  Of  location  of  stalls,  stands 
and   w.ngons. 


Article  III.  Of  leasing  and  renting  of 
stalls   and   stands. 

Article  IV.  Of  market  masters,  ap- 
pointment,   powers    and    duties. 

Article  V.     Of  rules  and  regulations. 

Article  VI.     Of   meat  shops. 

Article  VII.  Of  regulations  concerning 
sale  of  game. 

Article  VIII.  Of  regulations  concern- 
ing  tlie   sale   of   perishable   articles. 

Chapter   17.      Of   mayor. 
Chapter  IS.     Of  iiilNdeiiieanors. 

Article  I.  Of  offenses  against  public 
morals   and    decency. 

Article  II.  Of  offenses  affecting  public 
order  and  peace. 

Article  III.  Of  offenses  affecting  pub- 
lic  safety. 

Article    IV.      Of    miscellaneous   offenses. 

Article  V.  Smjke  and  smoke  abate- 
ment. 

Article  VI.     Of  vagrants. 

Article   VII.      Of   dogs. 

Article    VIII.       Of    penaltie.»,    fines    and 
forfeitures. 
Chapter  10.     Of  Mullanphy  emigrant  relief 

fund. 
Chapter    20.      Of    olTleers. 

Article  I.  Of  their  appointment,  quali- 
fications and   duties. 

Article  II.     Of  their  suspension  and  re 
moval. 

Article  III.  Of  public  property  in  their 
charge. 

Article  IV.     Of  private   watchmen. 
Chapter  21.    Penal  and   Charitable   InHtitn- 
tlunw,   department   of. 

Article   I.      Of  the   commissioners. 

Article   II.      Of  foundlings. 

Article   III.      Of  the  jailer. 

Article    IV.      Of    the    work-house. 

Article    V.      Of      St.       Louis      industrial 
school. 
Chapter    22.       Plunibini:    and    drnininc    de- 

pardtieut. 
Clinpter      22».         Publle       halbs      and       play 

^r4»iindM. 
Chapter     2a.        Of     pulille     earriers*     and     li- 
eenNlni^  of   vehleleN. 

Article    I.      Of    public    porters. 

Article  II.  Of  rates  of  license  and  reg- 
ulations   for    vehicles. 

Article  III.  Of  regulations  and  penal- 
ties. 

Article    IV.      Of   stands    for   vehicles. 

Article  V.  Of  steam  cars  and  steam 
railroads. 

Article  VI.  Of  street  cars  and  street 
railways. 

Chapter  24.      Public   liiii»r*i^eiiient*4.   ilepnrt- 
iirent    of. 

Article  I.  Of  board  of  public  improve- 
ments. 

Article  II.  Of  president  of  board  of 
public    improvements. 

Article    III.      Of    street    commissioner. 

Article  IV.     Of  sewer  commissioner. 

Article   V.      Of   water   commissioner 


AKT.    1. 1 


OF  PUBLIC  BUIUJINOS. 


547 


Arltcle  VI.  Of  harbor  iind  wliarf  com- 
missioner. 

Article   VII.     Of   park  commissioner. 

Article  VIII.  Of  roKulallons  concern- 
ing the  advertlslnK  of  public  Improvo- 
menta  and   the  awarding  of  contracts. 

Article    IX.      Of    salaries    and    bonds    of 
rnetnbers    of    the    board    of    public    Im- 
provements   and    their    employes. 
Chnptrr   '2^.      Of    piilillt*    pnrkR. 

4>f     pilhllc     prillflliu. 
or    r<-<'i>riliT    i>r    iIi'i'iIn. 
Of   rrKlHler. 


I  liiipler  ::ii. 
Clitipter  :;7. 
<'haptfr  -S. 

RKVKNUE     DEPAUTMI 


;nt. 


Chapter  !iO.     Of  naneitiiiiient  of  properlT*. 

Article    I.      Of   board    of   assessors. 
Artlile   II       Of  board  of  equalization. 
.\rllil.-    111.      Of   taxes. 

f'hapfer    30.       Of    llrenNe    collector    and    II- 

eenne    revfnliin. 
t'hapter  31.      of  nukJertH   and  ••lijerlx  of    II- 

eenne. 

.\rlicU-    I.      Ot    auctioneers. 

Article  II.  Of  bankers,  brokers  and 
Insurance    companies. 

Article  III.  Of  commission  merchants 
and  merchandise  brokers. 

Article     IV.       Of    dramshops. 

Article   V.      Of  electric  batteries. 

Article  VI.  Of  fortune  tellers  and  as- 
trologlsts. 

Article  VII.  Of  hotels  and  boarding 
houses. 

Article  VIII.  Of  house  and  real  estate 
agents  and  brokers. 

Article    IX.      Of    Intelligence   offices. 

Article  X.     Of  manufacturers. 

Article    XI.      Ot    merchants. 

Article  XII.  Of  ordinaries  and  restau- 
rants. 


Article   XIII.      Of   pawnbrokers. 

.\rtlcle  XIV.     Of  peddlers  and  hawkers. 

.\rtlcle  XV.     Of  railway   ticket  brokers. 

Article    XVI.      Of   steamboat,    hotel    and 
railroad  runners. 

Article  XVII.     Of  stockyards,  sale  sta- 
bles  and    horse   and    cattle   dealers. 

Article  XVIII.     Of  street  railway   eom- 
pnnb'S. 

Article    XIX.      Of    vault    cleaners. 

Article    XX.      Of    sundry    vocations    and 
mlHcclIaneou.s    pri> visions. 
(  liiipl.r   :IJ.      Of    I'olli'i'iKr. 

(  liiiptcr  33.      Of   Heeond-linild   denlerN.  .J 

I'hnpler    3-1.       Off    Heiver«, 

Chapter    3.'.       Of    Nteiiiii    iMillerN    niiil    i-lf\a- 
tor». 

thnpter    3il.      .Mipiil.%     depnrdiienl. 

t'linpter  37.      TrenMliry  department. 

.\rtlcle     I.       Of    the    dipartment. 
Article    II.      Of   auditor. 
Article    III.      Of    comptroller. 
Article    IV.      Of    treasunr 

Chapter   38.      ^Vntcr   ratm,    deparlnieiii    of. 
Article   I.     Of  assessor  and   collector. 
Article    II.      Of   swimming    baths. 
Article    III.      Of   water   rates. 

Chapter   30.      Of    tvntvr   workM. 

Article      I.       Attachment      with       water 

pipes. 
Article    II.      Water   works    bonds. 

Chapter    40.       WelghtN    and     inenMiircN.    de- 
piirlniellt  of. 

-Vrticle    I.      Of   inspector. 
Article  II.     Of  weights  and  measures. 
Article    III.      Of    public    scales. 
Article  IV.     Of  city  weighers. 
Article   V.      Of   lumber   measurers. 


CH.APTER  1. 


lU  IL1>INUS,  DErAI{T.MK.\T  OF 

AKTICLE     I.— Of  public  buildings. 

II.— of  commissioner  of  public  buildings. 
III.— of  Bunpowder. 

IV.— of  the  Inspection  of  hulldlnKS.  protection  of  lives  of  persons  In  public  build- 
Inns  and  of  the  protection  of  properly  against  lire. 


AKTULE  I. 


OF   PUBLIC    BLILUINGt;.* 


•Ordinance  21Jai>.  approved  Sept.   2S.    1903.  creates  the   '"Now  Public   Buildings 
Commission,"  and  dcDnes  Its  duties  and  powers. 


548  REVISED   CODE   OR   GENERAL  ORDIXANCES.  [CHAP  1. 

Sectiou  1.     City  hall  established— what  offices  located  therein. 

—The  building  erected,  owned  and  conti-oiled  hv  rlie  (.'itv  of  St.  Loui-s  on 
Twelfth,  Thirteenth  and  Market  streets  and  Chirk  avenue  is  lierehv  estab- 
lished as  a  city  hall,  and  the  offices  of  the  mayor,  niuniciiial  a.ssenibly, 
auditor,  comptroller,  treasurer,  register,  collector,  commissioner  of  public 
buildings,  inspector  of  weights  and  mea.sures.  license  [collector]  conunis- 
sioner,  juesident  of  the  board  of  i)ublic  improvements,  water  commissioner, 
street  commissioner,  .sewer  commissioner,  park  commissioner,  harbor  and 
wharf  commissioner,  commissioner  of  .supplies,  city  coun.selor,  associate 
city  counselor,  second  associate  city  counselor  and  assistant  city  counselor, 
chief  of  the  fire  department,  board  of  election  commissioners,  assessor  and 
collector  of  water  rates,  president  of  the  board  of  assessors  and  district 
assessors,  inspector  of  Iwilers  and  board  of  engineei's.  supervisor  of  plumb- 
ing and  sujiervisor  of  city  lighting  shall  be  located  therein,  and  such  other 
public  officers  as  may  be  ordered  by  the  pro])er  authorities.     ( J[.  (,".  sec.  1.) 

Ord.  1960S.  Plans  and  specifications  for  tlie  building-  of  the  new  City  Hall  at  its 
present  location  (then  known  as  Washington  Square),  the  building  to  cost  one  mil- 
lion dollars,  were  first  provided  for  by  ord.  15028,  approved  April  4,  1899;  provis- 
ions for  the  building  thereof,  specifications,  etc..  and  for  letting  the  contract,  were 
made  in  ord.  15558.  app.  March  29.  1890;  this  ord.  was  amended  by  ord.  17218, 
app.  June  29,  1893,  which  also  created  the  City  Hall  Commission  (composed 
■  of  the  Mayor,  Comptroller,  Pres.  of  B.  P.  I.,  Building  Com'r,  Pres.  of  the  Council 
and  Speaker  of  the  House)  giving  it  the  control  of  the  erection  of  the  building 
and  charging  the  President  of  the  B.  P.  I.  with  supervising  the  work,  etc. 

Charter  authority  concerning  municipal   buildings.  -Art.  in.  sec.   26,  clause  3. 

Sec.  L'.  3Iayor  to  assin^n  offices. — The  assignment  of  offices  in 
.said  city  hall  shall  be  made  under  the  direction  of  the  mayor,  and  the 
management  of  the  liuilding  shall  be  as  hereinafter  directed;  Provided,  that 
this  section  shall  not  a])ply  to  the  rooms  occupied  by  both  In'anches  of  the 
municipal  assembly.     (M.  C,  sec.  2.) 

Sec.  3.  United  States  flag:  on  pnhlic  biiildiiiffs. — Upon  and 
over  the  court  house,  four  courts,  uew  city  hall,  old  city  hall,  work-house, 
house  of  refuge,  insane  asylum.  i)oor-house,  hosjdtal  for  females,  city  hos- 
pital, engine  houses,  j)olice  stations,  and  a  public  building  in  such  public 
parks  as  the  park  commissioner  may  direct,  shall  be  erected  a  flag  staff, 
on  which  the  Hag  of  the  United  States  of  America  shall  fly  at  full  mast 
height  between  nuinicipal  office  hours  (weather  permitting),  on  all  the 
days  of  the  week,  except  the  Sabbath,  usually  called  Sunday.  (M.  C.  sec.  8.) 

Sec.  4.  Art  buildinjf  in  Forest  Park. — The  l)oard  of  control  of  the 
St.  Louis  School  and  Museum  of  Fine  Arts,  a  depai'tment  of  Washington 
T'uiversity.  are  hereby  authorized  to  erect  within  Forest  I'ark  in  this  city  a 
building  which,  together  with  the  site  uiton  which  it  is  located,  shall  be 
devoted  to  the  use  of  this  institution  forever  for  the  exhibition  of  pi<-tures 
and  sculpture  and  such  other  means  as  are  usual  in  such  institutions  for 
the  education  of  the  public  in  art.      (Ord.  IDiMIO.  sec.  1:  M.  <".  ]>.  DTO.) 

For  state  law  authorizing  a  vote  for  taxation  for  purposes  of  an  Art 
Museum,  and  rules  and  regulations  for  the  government  of  such  institution,  see 
Session  Laws  1907,  p.  94  ft  sen-,  set  forth  in  this  work  under  "Laws  Specially 
Applicable   to  .St.   Louis."  Chap.   2a,  being  sections  11a  to  llj  inclusive  (  ante  P-   SI). 

Sec,  5.  I.iOcation  of  bnilding-  how  determined.— The  h)ca- 
tion  of  said  building  shall  be  determined  by  the  board  of  conrrol.  herein- 
after provided.      lOrd.  V.mW).  sec.  2:  M.  (".  ]>."  !I7T.  i 


ART     III  OK  COMMISSIONER  OF  PUBLIC  BUILDINGS.  -,49 

Sec.  6.  Board  of  Control,  liow  (-(HistitiitiMl — puhli*-  exhibi- 
tions.— Saiil  Ituildiiij;  sliall  In-  fivctcil  siiliji-i't   In  lln-  t'lillinviiii;-  |iripvisi(nis  : 

'Pile  hiiilclin<;  wlicii  coniphMiHl  slinll  lie  tlic  i>i(i|icrl  v  ul'  Ilic  cily  for  tlie 
usi's  lu'reiiiiirtcr  pruviilcd.  ;ui(l  ihi  oilier.  Tlie  hiiildiii-i  iiiid  its  atl'airs  shall 
III'  iiiuler  the  dirett  inn  and  jiirisdiil  ion  of  Ihe  hoard  of  control  of  the  St. 
Louis  School  and  .Mnscnni  <d'  I'''iiie  .Vrls  auf^inented  In  llic  mayor,  coni])- 
irolici'  and  park  coniniissioner  of  ihe  City  of  S(.  Louis,  who  shall  he  ex- 
ol'licio  ineniliers  of  such  hoard  of  control  of  said  huildini;.  There  shall  lie 
an  exliihitioii  of  pictures  and  sculpture  in  said  huildin<;  which  shall  he  free 
of  charp>  to  the  public  every  Sunday  aftei'uoou  fi-oni  one  o'clock  to  sun- 
down, excejit  at  such  times  as  repairs  of  the  buildiu<;  and  the  rearrange- 
nietil  of  collections  are  in  prof^ress ;  ]>rovided  notice  of  such  fact  shall  be 
gixi'ii  l)y  jiuhlic  advertisement  on  two  dilVerciit  days;  and  such  exhihilions 
shall  he  ojien  free  to  the  imhlic  as  much  ofleiier  as,  in  the  opinion  of  the 
board  of  control.  Ihe  tinancial  condition  of  the  institution  will  permit. 
lOrd.  1!MM;!).  sec.  :! :  .M.  ( '.  p.  '.iTT.  i 

.MM'K'Li:   11. 

OF   COMMISSIOMCR    OF    PUBLIC    BUILIJING.S.* 
•Ortilniinro    No.    10371.    approved    Sept.    25.    1S77.    created    oftlce. 

S.c.  7.  Office  of  Commissioner  of  l*nl»lie  lini]<Iin$;s  con- 
liiiiii-d. — The  office  of  commissioner  of  imlilic  Iniildiiiirs.  licrctofort-  created 
and  now  existing;,  shall  be  c(Mitiinied.      i  M.  (".  si'c.  4.) 

Sec.  8.  Appointment  and  term. — The  commissioner  of  i)ublic 
huildinffs  sliall  be  apiioinled  by  the  mayor  and  coutirmed  by  the  majority 
of  the  memlKMs  of  the  council,    lie  shall  hold  his  office  for  four  years,  and 

until  his  successor  shall   have  I n  duly  aii|ioiii(ed  and  i|ualilied.      i  M,  ('. 

sec.  .">.  I 

Sec.  !•.  (jualiiications. — The  commissioner  of  public  buildin!j:s  shall 
be  an  architect  who  shall  have  had  at  least  live  years'  iiractical  experience 
in  building.     I.M.  ('.  sec.  li. ) 

See.  10.  Hoild. — The  commissioner  of  public  buildings  sliall  give  bond 
in  tlie  sum  of  ten  thoiisaiui  dollars  for  the  faithful  perfcuinance  of  liis 
duties,  witli  not  less  than  two  good  suretie.s,  holders  of  unencumbered  real 
estate  in  tlie  city,  whii-h  bond  shall  be  aiiju-oved  by  the  mayor  and  council. 
(M.  ('.  see.  7.1 

Sfc.  11.  Salary. — The  coniniissioner  of  public  buildings  shall  receive 
a  salary  of  twenty  five  liun<Ired  dollars  per  annum,  payable  in  inonfhly 
inst.-ilineiits.  in  full   for  all  services.      (  .M.  ('.  sec.  !~i.) 

No    pxlrn    eornpen.iiit Ion     run     In-     recovered     for     work    done    In    lino     of    duty, 
hnmberlain  vs.  Kansus  City.  125  Mo.  430.     See  Charter.  XVI.  sec.  IS,  note. 

Sec.  12.  (ieneial  duties.- The  commissioner  id'  ]iublic  buildings 
shall  execute  all  orders  that  may  lawfully  be  made  for  (he  ]ierformaiice 
of  work  within  his  deparimeiit.  It  shall  also  be  his  duty  to  de\ote  tiie 
whole  of  liis  time  to  the  work  of  liis  office,  to  exercise  supervisory  control 
over  the  i-epair.  alterations  and  improvements  of  all  of  tli(>  public  buildings 


550  REVISED   CODE  OR   GENERAL  ORDIX A.N'CES.  [CHAP.    1. 

of  the  city  (subject  to  the  order  of  the  president  of  tlie  board  of  ]>ul)lic  im- 
provements), incliidinij;  all  institutions  and  hospitals,  the  city  hall,  court 
house,  jail,  four  courts,  tire  engine  houses  and  mornue.  He  shall  see  that 
said  buildings  are  kept  in  jjood  condition.  He  shall  prepare  all  ])lans  and 
specifications  for  new  buildings  and  also  such  as  relate  to  the  repairs, 
alterations  and  inijirovements  of  all  public  buildings,  when  directed  by  the 
president  of  tlie  board  of  public  imiirovements.     i  !M.  C.  sec.  9.) 

See   Charter.    IV,    sec.    41. 

Sec.    13.     Care    of    buildiiijys — appoint    jaiiitor.s    and    assist- 

ant.s — janitor.s. — It  shall  be  the  duty  of  the  coinniissiouer  of  public 
buildings  to  make  all  necessary  regulati(Uis  and  arrangements  foi-  the  care 
and  cleaning  of  the  city  hall,  the  court  house,  jail,  and  four  courts  and  other 
buildings  under  his  charge.  For  this  puipose  lie  is  authorized  lo  ajipoint  a 
janitor  for  each  of  the  three  buildings  herein  named,  and  such  other  assist- 
ants, uot  to  exceed  nine  for  the  city  hall,  five  for  the  court  house  and  six  for 
the  four  courts,  as  nuiy  be  necessary  to  keep  such  buildings  in  an  orderly  or 
cleanly  condition,  and  he  shall  also  ajtpoint  one  night  watchnuin  for  eaili 
building,  and  he  shall  be  held  to  strict  responsibility  for  the  acts  of  his  em- 
ployes.    (  M.  ('.  sec.  lO.j 

The  Commissioner  and  not  the  criminal  court  has  power  to  appoint  a  janitor 
for  said  court;    State  ex   rel.   vs.   Smith.  S2  Mo.   ."il. 

Sec.  14.  Heatinjf  apparatus— eng-ineers. — The  comniissioner  of 
public  buildings  shall  have  in  his  charge  all  heating  ai)paratus  in  conne<-- 
tion  with  public  buildings  and  institutions,  and  shall  cause  the  same  to  be 
kept  in  good  order.  He  shall  appoint  all  engineers  for  the  management  of 
stationary  boilers  or  machinery  in  public  buildings  and  institutions,  ex- 
cept such  ptiblic  buildings  and  institutions  as  are  by  charter  or  ordinance 
placed  under  the  control  of  the  board  of  health,  and  health  commissioner, 
and  water  commissioner,  and  chief  of  Are  department,  and  all  firemen  and 
employes  in  connection  with  same;  but  no  person  shall  be  appointed  en- 
gineer who  is  not  a  duly  licensed  engineer,  fully  competent  for  the  dis- 
charge of  such  duties,  and  a  man  of  steadv  habits  and  good  character 
(M.  0.  .sec.  11.) 

Sec.  1.").  Approval  of  appointments — removal. — All  appointmeuts 
of  janitors,  engineers  or  other  persons  by  the  commissioner  of  public  build- 
ings shall  be  subject  to  the  approval  of  the  mayor  and  president  of  the 
board  of  public  improvements,  and  may  be  removed  by  the  mayor  for  cause, 
or  by  the  commissioner  and  president  of  the  board  of  public  improvements 
whenever  the  interests  of  the  city  require  it,  but  nothing  herein  contained 
shall  be  so  construed  as  to  mean  that  the  janitoi's  shall  no!  personally 
perform  their  full  share  of  the  duty  of  keeping  said  buildings  clean  and  in 
good  condition.     (M.  C.  sec.  12.) 

The  words  "or  other  persons'*  has  reference  to  persons  of  the  same  cla--s. 
and  does  not  include  inspectors:  State  ex  rel.  vs.  Longfellow,  95  Mo.  App.  6i;o. 
66,'!:    State   ex   rel.    vs.    Longfellow,    93   Mo.    App.    364,    372. 

This  section  is  a  part  of  the  original  ordinance  passed  in  1S77,  creating  the 
office  of  Commissioner  of  Public  Buildings,  and  defining  his  duties,  and  the  ap- 
pointments he  was  then  authorized  to  make  were  of  Janitors,  watchmen,  engineers 
and  firemen,  and  the  authority  to  remove  had  reference  only  to  those  employes; 
the  power  to  appoint  inspectors  was  not  given  until  1892  (ord.  17188)  and 
the  power  to  remove  does  not  apply  to  inspectors:  Magner  vs.  St.  Louis.  179  Mo. 
495,    502,    citing   the  cases  supra. 

As   to   appointment   of    inspectors   see    below,    sec.    33. 


AHT     III]  OF  GUNPOWDER.  551 

Sec.  Hi.     .liiiiitors  ;iii«l  iiif^ht  watrlinii'ii— salaries  and  bond. 

— The  said  janitors  shall  each  givo  lioiul  (<i  tiu'  C'itv  of  St.  Louis  in  tin" 
sum  (if  one  liioiisand  (loilars.  to  i)c  a]>]>roveil  bv  tlii'  mayor  ami  couiu-il. 
lor  till'  faitlil'iil  |icil'oi'manc('  o(  llicif  duties,  and  the  janitors  of  the  court 
howso  and  four  rouiis  buildiniis  shall  receive  as  full  eompeiisation  for 
their  services  the  sum  of  seven  liumlred  and  eighty  dollars  each  per  annum, 
pavalile  montlily.  The  assistant  janitors  of  the  above  mentioned  buildings 
shall  receive  as  full  compensation  for  their  services  the  sum  of  tifty-five 
dollai-s  eacli  per  montli.  The  janitor  of  the  city  hall  shall  receive  as  full 
compensation  for  his  services  the  sum  of  eij^ht  hundred  and  forty  dollars 
per  annum,  jiayabie  monlhly.  Tlu'  assistant  janitors  of  the  city  hall  shall 
receive  as  full  compensation  for  their  services  the  sum  of  si.xly  dollars  eacli 
per  month.  Nijjlit  watdinieu  of  the  three  buildinj^s  nu'ulioned  above  shall 
receive  as  full  coiniiensation  for  their  sei-vices  the  sum  of  six  hundred 
dollars  each  per  annum,  ]iayable  monthly,     i  .M.  (,'.  sec.  K!.  i 

See.  17.  Enf;in<'<>rs  and  firemen — salaries.— The  eufjineer  at  the 
four  courts  shall  receive  as  com|iensation  for  his  services  the  sum  of  ninety 
dollars  jier  month;  and  the  enj;ineer  at  tiu-  court  house  shall  receive  as 
compensation  for  his  services  the  sum  of  seventy  dollars  ]n'\-  niniilli.  11' 
assistant  eiifiiueers  are  reipiired  for  either  or  both  of  the  above  nameil 
buildings,  tlie  assistant  engiiu'er  at  the  four  courts  shall  receive  a  salary 
of  seventy  dollars  i)er  month,  and  the  assistant  engineer  at  the  court  house 
sliall  receive  a  salary  of  sixty  dollars  a  month.  Firemen,  fifty  dollars  per 
month.     (M.  0.  sec.  1  l.i 

Src.  IS,  Public  buildin<;s — what  enii)loyes  in,  apixtinted  by 
<'<»niniissi()n«'r. — The  nci-c.st:ai-y  employes  in  piihlie  IjuiMines  ncii  in  charge 
of  a  resident  su|iei-inteiident  shall  be  under  the  superintendence  of  the  coiu- 
niissioner  of  pulilic  buildings,  and  shall  be  appointed  by  him  with  the  ap- 
proval of  tlu>  mayor  and  president  of  the  board  of  i)ublic  improvements; 
theii'  number  and  salaries  rfhall  be  established  by  ordiuauce.    (M.  C.  sec.  15.) 


AKTlCl.i:   111. 

OF  GUNPOWDER* 

♦For  Cliartor  nutliorlty  to  regulate  storage  of  gunpowder  and  other  explosives 
^"e   Charter.    Art.    Ill,   sec.    26,    clause    12. 

See.    10.     (Quantity    <)f   fji'iU><»"'«ler,    et<'.,    whirli  may  be  kept 

and     \Vher<'. Not      ixeeeding     ti\e     pdumls    of     •:Ull]il)\Vlle|-    .-ihall     be   alloWecl 

to  be  kept  by  any  person  or  |)ersons  in  any  store,  dwelling,  building  or 
other  place  within  the  city,  except  that  retailers  or  vi-nders  of  gunpowder 
in  small  quantities  may,  for  that  purpose,  keep  any  (juantity  not  exceeding 
thirty  ]io\uids:  I'roriiUd.  that  the  same  sluill  be  kept  in  tin  or  metal  canis- 
ters or  stone  jars,  with  good  and  clo.sely-titting  and  well-secured  covers 
thereon:  I'loriihil.  hiiwvrrr.  tliat  those  parties  now  having  magazines  within 
the  limits  of  the  city  are  hereby  allowed  to  store  in  such  magazines  such 
(juantities  of  gun|i(>wder  as  niiiy  be  necessary  for  their  business;  I'roridctl. 
fill  till  r.  that  no  person  or  corporation  shall  hereafter  lie  jiermitted  to  store; 
or  keep  within  the  limits  of  this  city  any  giant  powder,  dynamite,  nitro- 
glycerine, gun  cotton  or  other  similar  explosives,  except  gunpowder,  in 
quantities  greater  than  thirty  pounds.  The  commissioner  of  public  build- 
ings may,  with  the  approval  of  the  mayor,  grant  to  owners  of  magazines 
located  within  the  city  limits  in  which  are  stored  more  than  thirty  pounds 
of  explosives,  as  enumerated  aliove,  except  gunpowder,  not  to  exceed  ninety 


552  REVISED    CODE   OR    GENERAL   ORDINA_NCES.  [CHAP   1. 

(lavs  from  the  approval  of  this  ordinance  in  which  to  remove  said  prohibited 
explosives  to  a  place  or  jdaces  outside  the  limits  of  the  cit.v.     (M.  C.  sec.  IG.  I 

Sec.  20.  Sign  to  be  displayed— notice  to  be  given. — Every 
retailer  of  gunpowdei-,  giant  powder,  dynamite,  nitroglycerine  or  Masting 
powder  shall  i)Iace  on  the  building  containing  the  same,  over  or  at  the 
side  of  the  front  dooi-  thereof,  a  sign  with  the  words  "powder  for  sale" 
jirinted  thereon,  in  letters  at  least  three  inches  in  height,  and  shall  notify 
the  commissioner  of  public  buildings  in  which  portion  of  said  store  the 
said  powder  or  powders  are  placed,  which  notice  shall  l)e  kept  of  record 
in  the  said  commissioner's  office.     (M.  C  sec.  17.) 

See.  21.  Gunpowder,  etc. — liow  carried  on  streets. — No  person 
shall  carry  gunpowder,  giant  jjowder,  dynamite,  nitro  glycerine  or  blasting 
powder  on  any  vehicle  in  any  part  of  the  city  unless  the  same  shall  be 
secured  in  kegs,  boxes  or  canisters,  sufficiently  close  to  prevent  the  grains 
thereof  from  falling  out,  and  l)e  laid  u]ion  and  covered  with  sheets  of  canvas 
or  other  cloth.     (M.  C.  sec.  18.) 

Sec.  22.     Uuni)OAvder,  etc. — time  within  wiiich  may  be  kept. 

— Any  person  having  charge  of  any  vehicle  conveying  more  than  one  keg 
of  twenty-five  pounds  of  gunpowder,  giant  i>owder,  nitroglycerine,  dyna- 
mite or  blasting  jiowder,  and  who  shall  have  such  vehicle  with  the  gun- 
[lowder,  giant  powder,  nitroglycerine,  dynamite  or  blasting  jiowder  thereon, 
within  the  limits  of  the  city  for  a  longer  time  than  two  hours,  or  who  shall 
permit  more  than  one  keg  or  twenty-five  j)ounds  of  gunpowder,  giant  pow- 
der, nitroglycerine,  dynamite  or  blasting  powder  in  his  charge  to  be  upon 
any  street,  alley  or  sidewalk  longer  than  thirty  minutes,  shall  in  either 
case  be  deemed  guilty  of  a  misdemeanor;  Provided,  Jioivever,  that  such 
quantities  of  gun]>owde)'.  giant  powder,  nitroglycerine,  dynamite  or  blast- 
ing Jiowder  as  may  be  re(|uired  for  the  sujiply  of  merchants  and  of  wholesale 
dealers  making  up  bills  for  the  country  trade,  may  be  brought  from  the 
powder  magazine  or  dejiots  during  the  day,  and  such  jiowder  shall  be  al- 
lowed to  be  kejit  in  the  city  during  the  business  hours  of  the  dav.  I^I.  ('. 
sec.  l!l.) 

Sec.  23.    Gunpowder,  etc. — penalty  for  bringing  in  conceale<l. 

— Any  jierson  who  shall  knowingly  bring  within  the  cdriioiate  limits  of 
the  city  any  ([uantity  of  gunpowder,  giant  powder,  dynamite,  nitrogly- 
cerine or  blasting  powder  concealed  in  a  l)os,  barrel,  parcel,  package  or 
other  thing  marked  and  purjiorting  to  be  other  than  gunpowder,  giant 
powder,  dynamite,  nitiio-glycerine  or  blasting  powder,  shall  be  deemed 
guilt\-  of  a  misdemeanor,  and  the  gunpowder,  giant  powder,  dynamite, 
nitroglycerine  or  blasting  jiowder  so  concealed  shall  be  forfeited  and 
seized  and  sold  by  the  marshal  as  hereinafter  provided.      (M.  C.  sec.  20.1 

Sec.  24.  Search  warrant  may  be  issued — Avhen. — If  an  affida- 
vit be  ])resented  to  the  mayor  showing  jirobable  cause  to  believe  that  any 
Jierson  keejis.  has.  jiossesses  or  conceals  any  gunjjowder,  giant  jiowder, 
dynamite,  nitroglycerine  or  blasting  jiowder,  in  violation  of  this  ai'ticle,  he 
sliall  issue  to  the  marshal  a  search  warrant,  commanding  him  to  search 
any  j)lace  in  (juest  of  guni)owder,  giant  jiowder,  dynamite,  nitroglycerine 
or  blasting  powder,  which  warrant  shall  be  forthwith  rigidly  executed. 
(M.  O.  sec.  21.') 

Sec.  2.').  Penalty  for  violating  article — st^izure. — Any  person 
who  sball  violate  any  of  the  jirovisions  of  this  article  shall  be  deemed 
guilty  of  a  misdemeanoi-.  and  on  conviction  thereof  be  fined  not  less  than 
twenty-five  and  not  exceeding  one  hundred  dollars.  And  all  gunpowder, 
giant    Jiowder.   dynamite,   nitroglycerine   or  blasting  jiowder  kept,   stored. 


ART.   IV,]  BUILDING  CODE.  653 

ri'iiicivfd.  transported  ami  cxihisimI  wiiliiii  ilic  ciiv.  ov  iinhnli'ii  I'luiii  nv 
hidi'ii  ii|MHi  any  stoaniboal.  vessel  oi-  railway  car  cuiitrary  to  and  in  viola- 
tion ol'  any  of  tlu>  jirovisions  of  this  ai'liile,  shall  lie  liable  lo  he  seized  liy 
the  inai-shal.  of  hy  any  eity  ol'ticers  cojinizant  of  the  I'ael.  and  it  is  liefehy 
made  the  duly  of  the  marshal  and  all  other  eity  oflieeis.  rorthwilh  lo  seize 
such  ;;niiiKi\\(l<'r.  ^iant  ]io\vdei-.  dynamite.  nilrof;lycerine  or  blasliiij;  ])o\v- 
dcr.  and  convey  tlii'  same  to  a  safe  jdaee  beyond  the  city  limits;  and  an\ 
ami  all  (|naiitities  of  {runpowder.  fi;iant  i>owdef,  dynamite.  nilro-<;lyceriiie  or 
blast  in>;  powder  seized  as  aforesaid  shall  be  .sold  by  the  marshal  at  imlilic 
\endiie  to  the  hi};liest  bidder  for  cash,  lii'st  j;ivinjr  three  days"  notice  of 
the  time.  |dace  and  terms  of  such  sale,  in  the  newspapers  employed  li\  the 
(  ity.     (  .M.  ('.  see.  22.) 

Sec.  2().     (^iiarrit's_coiis<i-nrnoii  of  ;irti<'l<'  witTi  r<'f<M*<'nc<'. — 

The  provisions  ol  this  article  shall  not  be  iniisirued  to  piciliibii,  or  pri-\ent. 
(piai-rymen  from  keepin<;  n]ion  their  ](remises  at  the  (juarry  blast iiij;  jiow- 
(ler  in  (|iiaiitities  not  exciH'diiif;  one  ln'ji  of  tifty  pounds,  provided  the  same 
is  well  secured  from  danjjer  of  exj)losion  ;  diifl  iiror'ulcd  it  is  so  situated  and 
located  that  an  explosion  could  work  no  injury  to  the  inhabitants  in  the 
vicinity,  or  jiersons  passin^j  in  the  \icinity  convenient  to  said  locality 
where  the  powder  is  stored.      iM.  ( ".  se<'.  'l'.\.) 


.\irn<Li;  w. 

OF  THE  IN.-^PECTION'.  CON'STHUCTIU.N.   K1;M0V.A.L.  .S.XEEGIWRDI.NT,  OP  BI'IU>INGS, 

PROTECTION  Ol'  LIVES  AND  .SAKKTV  Ol"  PERSONS  IN  PfBLU:  BUILDINGS 

A.\D    OF    THE    PROTECTION    OF    PROPERTY    AGAINST    FIRE. 

.s. .  J7  nii(M's  of  ]'if«' Cliu'f  to  iiisperf  Imildiiijjs  triuisferrt'd 
to  itiiildiii;;  ('oiiiniissioiH'i*. — Tlir  diities  imposed  on  the  chi.-f  of  the  tire 
depart  iiieTil  by  section  live  of  article  eleven  of  the  city  charier  shall  be 
hereafter  perroiined  by  tLe  eonunissioni'r  of  ](ublic  buililinj^s.  i  M.  ('. 
sec.  24.) 

TranafiT  authorized  by  Charter.  III.  si-c.  32.    St-e  Magner  v.s.   St.   Louis.   179  Mo. 
.-.   .100. 

See.    2S.      Dfjiiit.x    ('(>iiiiiii.s.si<tiu'r  —  appoint lui'iit  —  (ptalilica- 

tioiis. — The  positiou  of  deputy  eominissiouer  of  public  Imildiu^s,  hereto- 
fore created  and  now  existiiif;.  shall  b(»  continued.  Said  deputy  shall  be 
appointed  by  the  commissioner  (d'  public  linildiiij,'s  ami  approved  liy  the 
mayor,  ami  shall  pos.sess  llie  (pialitiealions  prescribed  by  section  leii  of 
article  four  of  Ihe  iharler.     (M.  ('.  see.  2.").  I 

See.  2!».  Wlu'ii  (loputy  to  a<'t  for  Coninii.s.sionor. — In  ease  of 
the  absence  from  the  city,  sickness  or  other  in.ibilily  of  the  commissioner 
of  public  buildings  the  deputy  commissioner  of  public  buildings  shall  per- 
form all   the  duties  of  his  principal.     (M.  ('.  sec.  2(i.) 

Sec.  oil.  .Salary  and  l)«>n«l  of  <l(>put,v. — The  dejaity  eonunis- 
sioner  of  public  buildini;s  shall  receive  a  salar.\  of  one  hundreil  and  twenty- 
five  dollars  jK'r  inoiilh.  jiayable  nionllily.  lie  shall  ^ive  bond  to  the  City 
of  St.  l.ouis  for  Ihe  faithful  performance  of  the  duties  of  his  office  in  the 
sum  of  five  thou.sand  dollars,  with  two  f;ood  and  sufficient  sureties,  to  be 
approved  by  the  mayor  and  council.     (M.  ('.  see.  27.) 


554  REVISED    CODE    OR    GENf:;RAL   ORDINANCES.  [CHAP   1. 

Sec.  HI.  Chief  and  assistiiiit  [and  permit]  clerks— salariew 
and  bonds. — There  shall  be  appointed  by  the  commissioner  of  public 
ljiiildiiii;s.  sul)ject  to  the  ajiproval  of  tlie  Mayor,  a  chief  clerk  and  an 
assistant  clerk  [and  a  permit  clerk*].  The  chief  clerk  shall  receive  a  salarv 
of  one  hundred  and  twenty-five  dollars  per  month,  payable  monthly.  He 
shall  give  bond  in  the  sum  of  twenty  thousand  [two  thousand*]  dollars, 
with  jiof'd  and  sufficient  security,  to  be  approved  by  the  Mayor  and  Council. 

Tlie  assistant  clerk  shall  receive  a  salary  of  one  hundred  dollars  jier 
month,  payable  monthly,  and  shall  give  bond  in  the  sum  of  one  thousand 
dollars,  with  good  and  sufficient  security,  to  be  aj)i>roved  by  the  JIayor 
and  Council.  [The  permit  clerk  shall  receive  a  salary  of  one  hundred  and 
twenty-five  dollars  per  month,  ])ayable  monthly,  and  shall  give  bond  in  the 
sum  of  $2,000,  with  good  and  sufficient  security,  to  be  approved  by  the 
Mayor  and  Council*].      ( Ord.  2140:?  and  22778,  amending  M.  C.  sec.  28  ) 

•The  portions  of  section  31  included  in  brackets  is  not  a  part  of  the  Rev. 
Code  but  is  an  addition  by  amendment  made  by  ord.  22778,  approved  Feb.  12.  1907. 
after  the  Rev.  Code  had  been  submitted  to  the  assembly  and  before  the  passage 
thereof.     (.See    appendix    for   ord.    2277S    In    full.) 

Sec.  32.  Chief  In.speotor— salary  and  bund. — There  shall  be  one 
chief  inspector  of  buildings  appointed  by  tlie  commissioner  of  public  build- 
ings, to  be  approved  by  the  Mayor,  who  shall  be  a  ]>i-actical  builder,  whose 
salary  shall  be  one  hundred  twenty -five  dollars  per  month,  jiayable  monthly. 
He  shall  give  bond  to  the  City  of  St.  Louis  for  the  faithful  performance  of 
his  duties  in  the  sum  of  Ave  thousand  dollars,  with  two  good  and  sufticieut 
securities,  to  be  aj>proved  by  the  Mayor  and  Council.     ( M.  C.  sec.  29.) 

Sec.  33.  Six  inspectors — sahirles  and  Ixnid. — There  .shall  be 
six  insjiectors  of  buildings  apjiointed  by  the  commissioner  of  j)ub]ic  build- 
ings, to  lie  approved  l>y  the  Mayor,  who  shall  be  ju-actical  builders,  and 
who.se  salaries  shall  be  one  hundred  dollars  per  month  each,  payable 
monthly.  Said  inspectors  shall  give  bond  to  the  City  of  St.  Louis  for  the 
faithful  performance  of  their  duties  in  the  sum  of  five  thousand  dollars 
each,  with  two  good  and  sufficient  securities,  to  be  approved  by  the  Mayor 
and  Council.  The  first  ai)pointnient  of  insjiectors  of  buildings  shall  be  for 
the  term  ending  on  the  first  Tuesday  in  April,  eighteen  hundred  and  ninety- 
five.     (M.  C.  sec.  30.) 

These  inspectors  are  "assistants"  within  the  meaning  of  Chart.,  Art.  IV. 
sec.  14,  and  may  be  removed  by  the  Commissioner  at  his  pleasure:  State  ex  rel. 
vs.  Longfellow.  95  Mo.  App.  660.  666,  following  State  ex  rel.  vs.  Longfellow,  93  Mo. 
App.  364:  a  similar  ruling  is  made  in  Magner  vs.  St.  Louis.  179  Mo.  495.  These 
cases  hold  that  under  the  former  ordinances  they  were  officers  but  not  under 
the    present   one. 

Sec.  34.  Additional  inspectors,  examiner  of  i>lans,  recor<l 
clerk,  stenoj?rapher  —  salaries  —  qnalifications  —  bonds  —  dis- 
charge— horses  and  bug;-g:ies  allowed. — In  addition  to  the  inspectors 
jj-ovided  for  in  section  thirtythree  of  this  article,  the  Commissioner  of  Pub- 
lic J'.uihliiigs  may,  when  necessary  for  the  ])roper  performance  of  the  work 
<)f  the  department,  emjdoy,  with  the  ajiproval  of  the  Mayor,  additional  in- 
spectors, not  exceeding  six  in  number,  and  whose  salaries  shall  be  one  hun- 
dred dollars  each  per  month,  payable  monthly.  [The  said  Commissioner  of 
Public  Buildings  shall  also  have  authority  to  ajtpoint,  with  the  approval  of 
the  Mayor,  one  additional  inspector,  to  be  known  as  Inspector  of  Plastering, 
who   sliall   receive  a    salary   of  one    hundred    dollars  each    month.   ])ayable 


ART     IV.  I  BUILDING  CODE.  555 

iiioiitlil  y.  ;iii(l  who  sliall  lit'  ;i  prail  ical  ].ilasli'rfr  ami  a  i|iialilii'(l  viilcr  of  llio 
('il\  III'  Si.  Louis  I'lir  at  Irasi  two  years  prior  to  his  a|ii)oiiil  iiiciil.*  |  The  said 
( 'oiiiinissiiiiicr  of  I'tililic  liiiildiii^s  shall  also  have  authority  to  a|ip(>iiit.  with 
the  appi'oval  of  the  .Mayor,  onccxamiiu'r  of  ]ilaiis,  whose  salary  shall  he  one 
hiiiiilred  and  Iweiilylive  dollars  )ier  luoiilh.  payable  luoiitlily,  aii<l  one  record 
clerk,  whose  salary  shall  be  one  hundred  dollars  per  month,  payable  month- 
ly, and  one  stenoL^rajilier.  whose  salary  shall  be  seventy  live  dollars  per 
miiuth.  ]iayable  nionilily. 

.>aid  (>xaminer  of  ]ilans  ami  iiis|ieciors  of  I  he  second  class,  shall  be 
skilleil  mechanics,  enj^ineers  or  arehitefts,  haviii}!  a  Ihoroujih  knowledge  of 
liuikliii;^  construction,  and  shall  each  ;;ive  bond  to  the  City  of  St.  Louis 
for  the  faithful  perfonnanee  of  his  duties  in  the  sum  of  two  thousand  dol- 
lars with  two  flood  and  siiffieient  securities  to  be  a])proved  by  tlie  Mayor 
and  Council.  All  of  tiie  employes  herein  authorized  to  be  ajiproved  or  em- 
|iloyed  shall  be  subject  to  dismissal  by  the  ( "ommissiouer  of  I'uiilic  IJuild- 
injrs  at  his  iileasnre.  Seven  horses  and  bujiuies  shall  be  allowed  in  the 
office  of  the  Commissioner  of  l'id)lic  linildiiifis  to  be  ac(piire<l  and  main- 
tained at  the  cost  of  the  cily;  the  ]iurchase  price  of  each  outlil,  consisting 
of  lior.se,  bug}jy,  and  harness,  shall  not  exceed  the  sum  of  three  hundred 
nn<!  lifty  dollars.     (Ord.  20(;(;i  and  2274!).  amend.  M.  P.  sec.  3L) 

•The  portion  in  briuktl.'*  is  not  u  jmrt  of  sin'.  34  of  tlif  "Uovi.^cd  Code."  l)Ut  Is 
an  an><.nilment  passed  after  tlie  submission  of  tlie  Code  to  tile  assembly  and 
before  Its  passage,  in  ordinance  No.  22749.  approved  Feb.  5,  1907.  See^  appendix 
for  the  complete  ordinance.  '^ 

See.  35.  Arrliitcrtiiriil  (Iraiifilitsinan — salary. — There  .sluill  be 
one  architectural  draiijihtsmaii  apixiiiiled  by  the  comiuissioiier  of  public 
buildiiijrs.  and  a]i]iroved  by  tlie  Mayor,  whose  salary  shall  be  one  liuinlred 
ilolhirs  per  muMlli.  payable  iiHUithly.      iM.  <".  sec.  Ii2.  I 

See.  'M\.  .Vchlitional  lielp — .salaries. — The  eommissioiier  of  public 
buildings,  with  ihe  consent  of  the  president  of  the  board  of  i)ublic  improve- 
ments and  the  approval  of  the  .Mayor,  shall  have  autiiority  to  appoint  such 
addilional  litdp.  eilhei'  drauffhtsmeii  or  local  superintendents,  as  may  in 
his  jiidument  lie  necessary  for  the  jiropev  fullillmeiil  <if  the  duties  of  his 
dei)arlmeni.  The  salaries  of  such  additional  lielji  shall  be  at  the  rate  of 
four  dollars  per  diem  f<ii'  di'aughtsniaii  and  live  dollars  ]ier  diem  for  local 
suiK'rintendeuts.     (M.  C.  sec.  :<:{.  I 

Sec.  :',7.    InspiM'toron  rtMnn'sl  lire  prevention  bureau— no  eoni- 

pensatioii  fr«un  eily.— In  .-iclditioii  to  the  force  lu-ovided  herein,  an  addi- 
lional inspecinr  shall  be  em]iloye<l.  with  the  advice  and  consent  of  Ihe 
.Mayor.  u]ion  written  application  of  Ihe  St.  Louis  I'ire  I'revention  llureau. 
who  shall  devote  his  time  to  the  examination  and  suiiervision  o'f  buildings 
in  proce.ss  of  construction  in  the  <"ity  of  St.  Louis,  and  who  shall  report  to 
\\\o  Commissi<iner  of  I'ublic  IJuildings  all  violations  of  this  or  any  other 
cily  onljnance  relative  to  the  same.  The  said  inspector  shall  serve  without 
compensation  from  the  city,  and  hold  his  ]iosilion  until  removed  by  the 
Ma.voi-  at  the  retpiest  of  said  Si.  Louis  Fire  I'revenlion  Uureau.  |()rd. 
2(l.'>:;2.  amend.  NL  C.  sec.  :U.) 

Sec.  38.  Coniniissioner  shall  inspeel  «'ons1ru<'t  ion  of  all  build- 
ings.— It  shall  be  the  duty  of  the  commi.ssioiicr  id'  public  buildiii^^^  lo  vi>it 
and  inspect  each  and  any  lionse  or  liotises.  luiilding  or  Iniildings.  wliich 
mav    be    in    the   course   of   erection,    conslruct  ion.   alteration,    enlargement. 


556  REVISED   CODE   OR   GENERAL   ORDINANCES.    '  [CHAP   1. 

repair  oi'  rciuoval  witliin  tlic  limits. of  the  city,  and  to  see  that  stkIi  iiouse 
or  houses,  buildinj;  or  liuil(liii<;s,  are  being  erected,  constructed,  altered, 
enlarged,  repaired  or  removed  according  to  the  provisions  of  this  article, 
and  all  acts  and  ordinance.s  in  force  in  said  city,  and  in  manner  adajited 
for  the  security  thereof  against  fires  and  the  safety  of  the  occupants.  His 
visits  and  inspection  shall  be  repeated  from  time  to  time  during  the  erec- 
tion, construction,  alteration,  enlargement,  repair  or  removal  of  such  house 
()r  houses,  building  or  buildings,  and  until  all  the  walls  shall  have  been 
completed  and  the  same  enclosed,  when  his  duties  shall  terminate,  excejit 
as  otherwise  provided  in  this  article.  He  shall,  on  ajiplicatiou  for  that 
purpose,  furnish  the  owner  or  owners,  contractor  or  contractors,  his  cer- 
tificate that  said  house  or  building  is  in  all  respects  conformable  to  law, 
and  properly  constructed.     I  51.  C.  sec.  85. ) 

Sec.  89.  Duties  of  Coiiiuiissiouer — records — enter  premises — 
subordinates. — It  shall  be  the  duty  of  the  Commissioner  of  Public 
Buildings  to  sign  all  certificates  and  notices  required  to  be  issued  under  this 
article  from  said  departments;  to  keej)  in  ])roper  books  for  that  purjiose  a 
register  of  all  transactions  of  said  dejiartment,  to  submit  to  the  City  Coun- 
cil a  yearly  statement  in  detail  of  such  ti-ansactions;  to  enter  upon  the  ])rem- 
ises  wherein  any  fire  has  occurred,  if  necess,ii-y.  in  ordei-  to  investigate  the 
origin  of  the  fire,  and  to  enter  into  all  buildings,  yards  and  inclosui'es.  at 
all  reasonable  hours,  in  order  to  discover  if  they  are  in  a  dangerous  state. 
and  to  cause  such  as  may  be  unsafe  to  be  put  in  a  safe  and  secure  condition: 
enforce  the  provisions  of  this  article  relating  to  the  safe  loading  of  floors,  bill 
boards,  signs  and  fences,  and.  further,  to  perform  such  other  duties  as  are 
herein  reipiired  of  liini.  He  shall  also  have  a  general  supervision  and  direc- 
tion over  the  subordinate  officers  of  the  department.     (M.  C.  sec.  80.) 

Sec.  4U.  Couiniissioner's  power  as  to  construction  and  re- 
pairs to  approve  plans  within  three  days.— The  eommissioucr 
of  i)ublic  buildings  shall  have  power  to  i)ass  ujton  any  (juestion  arising 
under  the  i)rovisions  of  this  article  relative  to  the  manner  of  construction 
or  the  materials  to  be  used  in  the  erection,  construction,  alteration,  enlarge- 
ment, repair  or  removal  of  any  J[)uilding  in  the  City  of  St.  Louis,  subject 
to  section  fifty-nine  of  this  article,  and  he  shall  require  that  jtlans  and  s])eci- 
fications  of  the  proposed  erection,  construction,  alteration,  enlargemeni  or 
i-e[)air  to  be  submitted  for  insjiection  before  issuing  the  permit;  jtrovided. 
that  any  application  or  ])lan  ]ire.><ente(l  for  a  jiermit  shall  be  acted  on  by  the 
commissioner  of  public  buildings,  within  tlnce  days  from  the  day  they  are 
presented,      lil.  C.  sec.  87.) 

Sec.  41.  Newbuildino^  code— not  retroactive. -It  is  hereby  enacted 
that  the  construction,  erection,  reitairing  and  altering,  or  removal,  of  build- 
ings in  the  City  of  St.  Louis  shall  hereafter  be  in  conformity  with  this 
article.  Provided,  that  nothing  in  this  article  shall  be  construed  to  ]tre- 
vent  the  completion  of  any  building  operations  for  which  ])ermits  sliall  be 
in  force  at  the  time  of  tlie  a|)])roval  of  this  article,  in  accordance  with  the 
terms  of  the  ordinances  in  force  at  the  time  of  the  issuance  of  such  j)ermit. 
lOrd.  21i022,  sec.  1.)  __ 

Tills  ordinance,  No.    22022.   was  approved   April   7,   1905. 

Sec.  42.  Permit  required. — No  work,  except  minor  repairs  shall  lie 
done  111IOII  any  structure,  building  or  shed  in  the  City  of  St.  Louis  without 


AKT.    IV.J  BUILDING  CODE.  557 

a  iicniiil  froin  the  ( ■nuiniissioiici-  of  Public  Buildings.  Hefore  prococdiufj 
with  tiie  t'l'i'ctioii.  I'lilarficuKMil,  aitcralioii.  fcjiair  oi-  rcnutvai  of  any  l)uil(liii<>; 
iu  tiic  rity,  a  (u'rinit  for  such  ei'LHlioii.  ciilarjiciuent,  alteration,  repair  or 
reiuoval  shall  first  lie  obtained  by  the  owner  or  his  ajjent  from  the  Coinmis- 
KJoner  of  Public  l!ni!dini;s.  and  it  shall  be  Tinlawful  to  jiroceed  with  the 
eriMiion,  enlarfjeuient.  alteralion.  rei>aii'  nv  rcninxal  uf  builiiini;s  or  of  any 
sii-uclnral  jiart  thereof,  or  of  any  structure  wiiich  i.s  to  be  used  foi-  the 
siipporl.  sheiler  or  enclosure  of  (lersons.  animals  or  chattels  within  the 
city,  unless  such  |iei-iuit  shall  tii'st  liave  been  obtained  from  the  Commis- 
."-ioner  of  Public  lUiildinf^s.     {lb.,  sec.  2 — corres]i(inds  to  .M.  ('.,  sec.  7").) 

See  Cliart..  XI.  sec.  4.  After  a  permit  lias  been  granted  and  the  building  con- 
structed the  Building  Commissioner  has  no  power  to  restrict  the  use  to  which 
the  buildin);  is  to  be  put.  The  construction  Is  one  thing,  its  use  another: 
St.  Louis  vs.  Dorr.  136  Mo.  370.  A  city  may.  exercising  its  police  power, 
remove  a  wooden  building  erected  In  violation  of  an  ordinance,  without  Judicial 
proceedings;  the  agents  so  removing  same  must,  to  exonerate  themselves  from 
liability,  show  that  the  building  is  permitted  to  remain  in  violation  of  law  and 
that  in  tearing  It  down  they  exercised  reasonable  care  to  preserve  the  materials: 
IClchenlaub  va.  St.  Joseph,  113  Mo.  395. 

See.  43.  >'<>  iMiihiiii*^  to  healtorod  Avithoiit  exaiiiiiiat  ion  by  the 
Comiiii^sioiUT. — Xo  buildiiiir  already  erected,  or  hei-eaflei'  to  he  erectetl  in 
ilic  ('ii\  ol  St.  Louis,  shall  be  enlarfied.  raised,  altered,  or  built  npon  in 
such  manner  that  were  such  buildin>;  wholly  built  or  constructed  after  the 
l)assaj;e  of  this  tirdiiiance.  it  would  be  in  violation  of  any  of  the  provisions 
of  this  article.  And  before  any  buildinjr,  in  any  part  of  said  city,  shall 
be  eiilarjied,  raised,  altered,  built  u]>on  or  moved,  the  same  shall  first  lie 
examined  by  the  f'ommissioner  of  Public  linildinjrs,  or  his  assistants,  to 
ascert;iiii  if  the  bnildiiii;  or  buildin;:s  are  in  a  safe  and  finod  condition  to  be 
cnlar'.'ed,  raised,  altered  or  built  upon,  and  no  such  buildlufis  as  aforesaid 
shall  be  enlartjed.  raised.  altere<l  or  built  iijioii  until  after  such  examination 
has  been  made,  as  jn-in  ided  in  this  article.  ;ind  the  fee  for  such  examina- 
lion  lias  been  \m'u\.      i  //<..  sec.  .'i ;  correspomls  to  .\I.  ('.,  see.  38.) 

.Sec.  44.  Alterations  t<»  contoi'iii  to  ordinances. — No  wall,  struc- 
ture, biiildin;,',  part  or  parts  thereof,  shall  hereafter  l>e  built,  constructed, 
altereil  or  repaired,  except  in  conformity  with  the  ]irovisioiis  of  this  article. 
{lb.,  sec.  4;  corresponds  M.  ("..  sec.  40.  i 

Sec  4.'>.  Keconslriiftion  ol  biiildin^fs  daiuafjed  by  lire. — In  any 
ease  when  any  buildinf;  is.  hereafter,  damajied  by  fire  to  an  extent  exceed- 
ing tifty  i)er  cent  of  the  amount  rerpiired  to  newly  erect  a  similar  building 
on  the  identical  site,  if  such  building  is  rejiaired  or  rebuilt,  the  re(iuirements 
of  this  article  shall  be  conformed  to  in  every  jiarticular.  jirecisely  as  re- 
•  inired  for  new  buildings,     i //»..  sim'.  ."i ;  cori'csponds  .M.  C.  sec.  3!(.) 

See.  46.    Penalty  for  eonstnictinfjr  or  altering  witliont  permit. 

—  l''.very    person    w  Im.  :is  ow  iht.  ;igeiil  Ic.-.mm',  jiiiililcr.    :ircliilf(l .    i h:iMic-   or 

contractor,  shall  commence  any  building  in  the  City  of  St.  Louis,  or  do  or 
cause  to  bo  done  any  work  on  the  same,  or  build  the  same,  or  shall  proceed 
to  alter,  enlarge,  repair,  or  remove  any  building,  or  who  shall  enclose  any 
op(>n  slied.  or  pavilion  now  linilt.  or  here.-ifter  to  be  built,  without  having 
first  procured  a  iiermit  from  the  Commissioner  of  Public  Huihlings  author- 
izing tile  same,  shall  be  deeme(l  guilty  of  a  misdemeanor,  and  upon  convic- 
tion shall  be  fined  not  less  than  five  dollars,  nor  more  than  five  hundred 
dollars  for  each  offense,     i  //)..  .sec.  (! ;  corresponds  M.  ('..  sec.  4L) 


558  REVISED    CODE    OR    GENERAD   ORDINANCES.  [CHAP   1. 

Sec.  47.  Form  of  apiilicatioii.— Aijplicatious  for  permits  shall  be 
made  in  writing,  .signed  and  sworn  to  by  the  owner  or  his  agent,  and  shall 
.state  dearly  and  fully  the  work  contemjilated  to  be  done,  and  the  cost 
thereof,  and  shall  be  made  upon  forms  or  blanks  to  be  issued  for  the  i)ur- 
pose  by  the  ( "ommissioner  of  Public  I'.uildings.  and  such  ajiplications  shall 
remain  on  tile  in  the  building  (i('])artment.  The  ("ommissioiier  of  Public 
Buildings  may  recjuire  that  said  application  shall  contain,  or  be  accom- 
panied \\ith  a  statement  in  writing,  sworn  to  before  a  notary  public,  giving 
the  full  name  and  residence  of  the  owner,  or  of  the  owners  of  the  ground 
and  structure,  building  or  shed,  ui)on  which  it  is  proposed  to  do  any  work, 
or,  if  the  worlc  is  jirojiosed  to  be  ck)ne  or  executed  by  any  other  ])erson  than 
the  owner  or  owners  of  the  ground,  then  the  Commissioner  of  Public  Muild- 
ings  may  require  a  statement  in  writing,  sworn  to  as  aforesaid,  giving  the 
full  name  and  residence  of  such  person  or  ])eisons  so  acting  as  agent,  lessee, 
or  in  any  repre.sentalive  cajtacity,  and  that  he  or  they  are  duly  authorized 
to  perform  said  work,     i  lU..  sec  7:  coiicsponds  to  M.  (\,  sec.  7<I.  I 

Sec.  4S.  Plans  and  speoifU-ations. — True  copies  of  so  much  of  said 
plans  and  si)ecifications  as  may  be  rc(]uired.  in  the  ojdnion  of  the  Commis- 
sioner of  Public  Buildings,  to  illustrate  the  features  of  construction  and 
equipment  of  the  building  i-eferred  to  in  this  article,  shall  be  filed  with  the 
Commissioner  of  Public  Buildings,  and  shall  remain  on  file  in  his  office 
until  the  comi)letion  or  occupation  of  said  building,  after  which  such  plans 
and  specifications  shall  be  returned  by  the  Commissioner  of  Public  Build- 
ings to  the  parties  by  whom  they  have  been  dei)osited  with  him,  upon  the 
demand  of  said  jierson  or  jjersons.  It  shall  not  be  obligatory  upon  the 
Commissioner  of  Public  Buildings  to  retain  such  }>lans  and  specifications 
in  his  custody  for  more  than  three  months  after  the  completion  of  or  occu- 
pation of  any  building. 

All  jilans  ]iresented  for  examination  or  filing  must  be  draw  n  on  tracing 
cloth,  or  other  material  ecjually  durable,  to  scale  in  India  or  other  indelible 
ink,  or  may  l)e  drawings  reproduced  by  the  sun  jirint,  or  oth(>r  jirocess.  The 
building  line  must  be  indicated  on  the  foundation  i)lan,  and  the  plan  of  each 
floor  and  all  necessary  elevations  and  sectional  drawings  to  fully  and  clearly 
represent  the  character  and  construction  of  the  ])roposed  work  must  be  fur- 
nished, together  with  a  plat  of  the  lot  upon  which  any  building  is  to  be 
built  or  altered,  showing  its  ]ii'0]iosed  location  on  the  lot,  and  the  location 
of  all  other  buildings  then  upon  the  lot.  Such  ]ilat  shall  be  drawn  to  a 
scale,  and  shall  have  written  thereon  the  ]iiMnci]]al  dimensions  of  the  lot 
and  buildings,  and  their  location.  Nt)  plans  will  be  consid(>red  nor  accejited 
unless  accompanied  by  sj)ecifications  sufficient  to  enable  the  Commissioner 
of  Public  Buildings  to  obtain  f\ill  and  comj)lete  information  as  to  the  char- 
acter of  the  work  to  be  done,  and  the  time  to  be  occupied  in  doing  it.  Such 
specifications  and  j)lans  must  be  in  duplicate  and  shall  agree  in  every 
resjiect.  and  shall  state  block  and  lot  nund)er  where  the  house  is  to  be 
erected,  and  conlain  th(>  name  and  address  of  the  owner,  architect  and 
ouildei'.      (//)..  sec.  S;  coiii]i.-n-e  .M.  ( "..  sees.  77.  7!l.) 

Sec.  4!).    Approval  of  plans  an<l  si>(M*ili<*ations  on  conipliaiiro 

\vith  bnildinji"  <'<mI<'. — If  the  matters  mentioned  in  any  a]i])lic;ition  for  a 
I)ermit,  oi'  if  the  idans  and  sjiecitications  accom])aiiying  and  illustrating 
the  same  indicate  to  the  Commissioner  of  Public  Buildings  that  the  work 
to  1)0  done  is  not  in  all  resjiects  in  accordance  with  the  jirovisions  of  this 
articl(>.  he  shall  refuse  to  issue  a  iiermit  until  such  ap)>lications  and  i>lans 
and  specifiiatioiis  shall  have  Iteen  made  to  <(uiform  in  evei-y  res])ect  to  the 
requirements   of   this   article,   and    when    such    applications   and    jilaiis   and 


ART.   IV.]  BUILDING  CODE.  559 

specifications  ooufoini  to  this  article  the  Coininissioncr  nl  I'ulilic  Huildiugs 
sliall  issue  a  ]ieriiut.  and  shall  file  said  apiilicadon.  and  sliall  apjilv  to  the 
plans  and  spi'i-itirations  an  (irticial  siani|i,  which  shall  ini|d.v  that  the 
[ilaiis  :ind  spccilicaiions  to  which  the  same  have  hccn  ajipiicd  coniiiiv'  with 
tin"  terms  of  this  ai'tiile.  The  one  set  of  plans  and  sitecilicat  ions  so  stamped 
shall  then  Ik-  fetniinil  in  such  appliraiii.  (//»..  sec.  '.I;  coci-esponds  .M.  ('., 
sec.  Is.  I 

See.  .■)().  Al<«'rii(i<>iis  <»f  plans — It  shall  be  milawful  to  erase,  ma- 
terially alter.  oi-  iiiodirv  any  lines,  liuni-es,  or  colofiiij;  conlaiiUMl  upon  plans 
and  speeilicat  ions  stamped  li\  ilie  < '(iiiiiiiissioiiei-  of  I'ulilie  l'.nildiiij;s.  or 
tiled  with  him  for  referi'iiee.  M.  dminj;  the  pro;;icss  (jI'  the  execution  of 
such  work,  it  is  desired  to  iiuiterially  deviate  in  any  manner  aft'ectiiij>;  the 
construction,  or  other  essentials  of  the  Imildin;;,  from  ilie  terms  of  ajiplica- 
tion.  plans,  or  specilications.  notice  of  such  intention  to  maleiially  alter  or 
dexiate  shall  lie  tiled  in  wrilinj;  with  the  ( 'oinmissioner  of  rnlilir  IJuildiiifiH, 
ami  his  written  as.seiit  must  tirst  he  olitainecl  liefore  such  alterations  or  de- 
\iations  may  he  made,     i //*..  .m-c  10;  corres|ionds  M.  ('.,  sec.  so.) 

See.  .■)!.  Kt'VO<-ation  of  permits. — If  work  uiion  miy  l.uildiufr  shall 
be  contlucted  in  violation  of  any  of  the  iirtivisions  of  this  article,  either  as 
to  occu|pation  of  sidewalk  or  street,  or  the  use  or  ajiplicalion  of  material 
or  workmanship,  or  deviati(Mi  from  the  a]iproved  ])lans  and  specilications, 
or  if  any  false  statement,  in  any  material  jioint.  lie  contained  in,  or  accoin- 
panii-d  with  the  a]iplicati(Mi  upon  which  any  permit  has  been  issued,  it 
shall  he  tlu-  duty  of  the  ( 'ommissioni'f  of  I'nhlic  liuildiiifjs  to  revoke  the 
permit  for  the  bnildiii;r  operations.  And  it  shall  he  nnlawfnl,  ;irier  ihe 
revocation  of  stich  permit,  for  any  person,  firm,  or  corjiorat  ion,  to  proceed 
with  siuh  hiiildinj;  operations  until  such  permit  shall  lirsl  haxc  been  rein- 
stated or  reissued  hy  the  Commissioner  of  I'nhlic  HuildiiiLis.  I'.efore  a 
permit,  revokt'd  for  the  cause,  i)r  causes  before  mentioned,  can  he  lawfully 
rei.ssued  or  reinstated,  the  entire  buildinj;  and  bnildiiif;  site  must  tirst  be 
jiut  into  condition  correspondinj;  with  the  terms  of  this  article,  and  any 
work  or  material  a]iplied  to  the  same  in  violation  of  the  terms  of  this  ^ 
article  shall  be  removed  from  said  buildinji.  Any  ]H'rson.  firm  or  cor- 
]i(U'ation  violatinj:  any  provision  of  this  section  shall.  u|)on  con\iction.  be 
subject  to  tile  |ienalties  provided  in  section  !(>  of  this  article.  A  jiermit 
reinstated  or  reissued  shall  be  reissued  or  reinstated,  without  cost  to  the 
owner,  unless  the  cost  (d'  said  buildin<;  has  been  fouini  to  be  materially  in- 
creasetl  over  tlie  ainoiinr  state<]  in  the  application,  in  which  case  the  fees 
shall  be  prorateil.  as  provideil  in  section  .")4  of  this  article,  i //»..  sec.  11; 
eorresjionds  M.  < '..  sec.  ,^4.) 

See.  'y2.  K\pira(i<»ii  of  pcrniils,— If  aft.i-  ;i  i.crinit  for  the  erection, 
enlargement,  alteration,  repair  (Pi-  removal  of  a  building;  shall  have  been 
granted,  the  operations  called  for  by  the  said  permit  sliall  not  be  begun 
within  one  y(>ar  of  the  date  thereof,  or  if  such  operations  when  begun  are 
not  completeil  within  the  time  fixed  in  the  said  jpermit  for  the  duration 
theri'of,  then  said  permit  shall  be  \oid.  and  before  sin-h  operations  can  be 
begun  or  com|ileted,  a  new  permit  shall  be  jprocured  by  the  owner  or  his 
agent,  and  fiH's  as  herein  lixed  for  the  original  permit  sh.ill  be  jiaid  therefor. 
(//>..  sec.  12;  corresponds  M.  ( '..  .si-e.  s:!.  i 

See.  ."»3.  Kxt('nsi<»ii  «»f  p<'i-ini(.s. — If  it  shall  be  fipund  that  tlie  time 
called  for  in  any  permit  for  building  operations  shall  expire  before  the 
said   Iniilding  or  buildings  can   be  completed,   the  ("oinmissioner  of  riiblic 


560  REVISED    CODE    OR    GENERAL   ORDINANCES.  [CHAP   1. 

Buildings  shall  have  the  power  to  extend  the  time  called  for  iu  said  permit, 
without  extra  cost  or  charge  therefor,  if  it  shall  seem  to  him  proper  to  do 
so,  fi'om  evidence  he  may  obtain  in  regard  to  same,  from  the  owner  or 
ivrchilect  thereof,  or  from  the  contractor  for  such  building  operations.  (lb., 
sec.  1.'5;  corresponds  M.  ('.,  sec.  So.) 

Sec.  .34.  Cost  of  permits. — The  fee  to  be  paid  for  a  permit  for  the 
erection  or  alteration  of  buildings,  shall  be  one  dollar,  if  the  estimated  cost 
of  said  building  or  buildings,  or  alteration,  shall  be  less  than  one  thousand 
dollars;  and  for  every  additional  one  thousand  dollars  of  cost,  or  fi'action 
thereof,  the  further  sum  of  fifty  cents  shall  be  paid.  If  it  should  ai)pear 
to  the  Commissioner  of  Public  liuildings,  during  the  erection  of  any  build- 
ing or  buildings  for  which  a  permit  has  been  issued,  that  the  cost  of  said 
building  is  in  excess  of  the  amount  stated  in  the  original  application,  the 
Commissioner  of  Public  Buildings  shall  have  the  right  to  re-estimate  the 
cost  of  any  such  building  or  buildings,  and  require  the  owner  of  said  build- 
ing or  buildings  to  pay  an  additional  fee,  so  that  the  fee  paid  shall  conform 
to  the  entire  cost  of  said  building  or  buildings,  as  provide(i  for  in  this 
section.  The  fee  to  be  jiaid  for  a  permit  to  remove  a  building  shall  be  one 
dollar  if  the  building  cover  twenty-five  hundred  S(]uare  feet  or  less  of  area, 
and  the  further  sum  of  fifty  cents  shall  be  paid  for  every  additional  twenty- 
tive  hundred  square  feet  of  area  or  part  thereof.  The  fee  to  be  paid  for  a 
permit  to  erect  signs,  as  provided  in  section  121  of  this  article,  shall  be  at 
the  rate  of  one  dollar  for  every  twenty-five  square  feet  of  area  of  such  sign, 
or  jiortion  thereof.  Kach  such  permit  shall  state  thereon  the  number  and 
size  of  signs  permitted  thereby,  and  the  street  and  number  of  the  premises 
whereon  they  are  to  be  placed.  The  fee  to  be  paid  for  a  permit  to  erect  bill 
boards,  shall  be  at  the  rate  of  one  dollar  for  every  five  lineal  feet  thereof, 
and  each  such  jiermit  shall  state  thereon  the  length  of  bill  boards  permitted 
thereby,  and  the  street  and  number  of  the  premises  whereon  they  are  to  be 
erected  and  their  distance  from  the  line  of  the  street.  The  fee  to  be  paid 
for  a  permit  to  erect  or  install  any  heating  or  power  aj>i)aratus,  as  required 
in  sections  14!l  and  l.")0,  shall  be  one  dollar  for  every  such  apjiaratus.  illi., 
sec.  14;  compare  M.  C.,  sec.  82.) 

See.  .55.  Insiiection  fees. — The  fee  to  be  paid  for  each  iuspectiou,  as 
provided  in  sections  yd,  .57,  150  and  151  of  this  article,  shall  be  one  dollar 
for  each  inspection.  It  shall  be  unlawful  for  any  person  or  i)ersons  to 
proceed  with  any  operation  provided  for  in  said  sections  before  such  in- 
spections have  been  made  and  the  fee  for  the  same  has  been  jiaid.  (/?>.. 
sec.  15;  compare  M.  C..  sec.  S(j.) 

Sec.  56.  Of  Inspection;  duty  to  notify  Avlien  ready  for  insjiec- 
tion. — >«(»  building,  partition  or  structure  shall  be  covered  in  Viy  lath- 
ing, plasiering,  sheathing  itr  otherwise,  until  the  Commissioner  of  Public 
Buibiiugs  has,  by  examination,  ascertained  that  the  said  building,  partition 
or  structure  has  been  built  in  accordance  with  the  provi.-.ions  of  this  article. 
It  shall  be  the  duty  of  the  owner,  or  his  duly  authorized  agent,  or  the 
builder,  to  notify  the  Commissioner  of  Public  Buildings,  in  writing,  when- 
ever any  building  is  ready  for  inspection.  And  no  building,  ])artition  or 
striicture.  shall  be  covered  in  by  lathing,  ])lastering,  sheathing  or  otherwise, 
until  such  iiisjiection  is  made,  and  the  Comniissiouer  of  Public  Buildings 
has  issu<Ml  a  certiticale  to  the  elfect  that  the  said  building,  jiartition  or 
structure  has  been  built  in  com])liance  with  the  requirements  of  this  article, 
and  the  fee  foi'  said  insi)ection  has  been  paid,  as  ])rovided  in  section  55  of 
Ibis  article,     i  lb.,  sec.  Ki;  comj>are  M.  C.  sec.  156.) 


AIJT.    IV.l  BUIL.UINO  C01>K.  5G1 

Sec.  .')7.  AltiTiitioiis. — Before  proceediujir  to  raise,  eiilivrgf.  alter.  ImiM 
iijioii.  muvi'  or  lear  ilowii  aiiv  cxisliiif;  structure  or  Ituildin^  in  the  City  of 
St.  Ijouis,  the  jicrsoii  or  jtersous  |pro|iosiiiff  to  raise,  eiilarjic  alter,  linilil 
upon,  move  or  feai'  ihiwn  any  sucii  strnetiii'e  or  liuildinj;  shall  make  ajipli 
ealion  in  writinj;  to  the  Commissioner  of  l'\il)lie  l!uil(lini,'s  for  an  insiieclion 
of  sneh  structure  or  iiuililin^.  The  fee  lo  i>e  jiaiil  for  sui-ii  inspection  shall 
he  as  provlileil  in  section  ."i.'i  of  this  article.  Alterations  in  huihlin^s  which 
do  not  involve  any  chanjie  in  their  structural  parts  or  of  their  stairways, 
elevators,  lire  escapes  or  other  means  of  conimtmication  or  impress  or  e;;ress 
may  he  made  without  such  inspe<lion  and  the  pa.\  nieiit  of  said  fee.  i  //).. 
.sec",   17.) 

See.  5S.  Hoard  of  .Vppoals.— There  .shall  he  in  the  City  of- St.  Louis 
a  hoard  to  he  called  the  lioard  of  .\|)jieals.  from  the  rnlin<;s  of  the  Commis 
sionei-  of  ruhlic  Huildinjis,  which  hoai'd  .shall  consist  of  three  mendiers  to 
he  appoint<>d  as  follows:  One  ins]iector  of  the  St.  Louis  Fire  Prevention 
hnreau.  who  shall  he  aiipoinleil  hy  the  Maxoi'.  with  the  approval  of  a  ma 
jority  of  the  ("outuil.  and  who  shall  hold  his  office  foi-  three  years  from  the 
date  of  his  appointment.  One  architect,  who  shall  he  ap]ioiiiied  hy  the 
Mayor,  with  the  apjiroval  of  a  majority  of  the  Council,  and  who  shall  hold 
his  office  for  two  years  from  the  date  of  liis  api>ointnient.  One  master 
luiilder,  who  shall  he  apjiointed  by  the  ^Slayor.  with  the  ap]iroval  of  a  ma- 
jority of  the  Council,  and  who  shall  hold  his  office  for  one  yeai'  from  the 
date  of  his  a])])oinlnieiiI.  The  lt>rms  of  \\\o  several  mendiei's  of  said  hoard 
shall  he  three  years  each  after  tli(>  exjiiration  of  the  tii'sl  teiaii.  .\ny  niem- 
lier  of  said  hoard  may  he  removed  hy  the  .Mayoi'  or  Council  for  mallVasaiice, 
incapacity  or  nejjiect  of  duty.  Said  board  shall  meet  the  second  and  fourth 
Mondays  of  each  UKUith  to  consider  such  matters  as  may  be  hroujiht  before 
them,  ."-^pciial  meeiiiiiis  may  he  called  by  the  Comiiiissioner  of  ruhlic 
r>nildiiij,'s.  with  the  approval  of  the  Mayor.  C.ach  ineiuber  of  said  hoard 
shall  he  [laid  by  tlie  city  a  compensation  of  ten  dollars  for  each  iiieetiufi. 
Th(»  reasonable  expenses  for  said  hoard,  including;  clerical  assistance,  siiall 
he  paid  by  the  Ciry  of  St.  Louis,     i  //)..  sec.  IS:  lurrespoiids  ord.  lilt.":!!!.) 

Si-c.  .")<).  .Vppcal  from  llu-  (loci.sioii  of  (lu>  Comini.s.sioiu'r  of 
I*iil»li«'  Hiitl<liii<;.s. — Any  ap}»licant  for  a  permit  from  the  Commissioner  of 
Public  Huildinjjs  reijuired  hy  this  article,  whose  application  has  been  re 
fusetl.  or  revoked:  or  any  jiei'son  who  has  been  ordered  by  the  Commissioner 
of  Public  Hnildin^is  to  incur  any  expcMise.  may,  within  fifteen  days  after 
iM'in;;  notifieil  of  such  refusal,  or  order,  apjieal  from  the  decision  of  tlie 
Commissioner  of  Public  Uiiildinfjs,  by  giving  the  Conuuissioncr  of  Public 
Huildings  notice  in  writing  that  he  does  .so  appeal;  said  iu)tice  shall  be  ac 
companied  by  a  cei'iiticate  that  said  ap|ilicant  has  |)aid  into  the  City  Treas- 
ury the  sum  of  five  dollars,  to  be  retained  by  the  city;  |)rovide(l.  however, 
no  appeal  to  the  board  shall  he  legal  in  ease  of  unsafe  structures  and  con- 
demnations, as  [irovided  hereafter  in  section  '2V2  [lilU]  of  this  article. 
Any  person,  the  value  of  whose  pro|>erty  may  he  atfected  by  w<U'k  to  be  done 
under  any  permit  granted  by  the  Commissioner  of  Public  I'.niidings.  may. 
within  three  days  after  the  issuing  t>f  such  permit.  ap|ieal  by  giving  to  the 
Commissioner  of  Public  liuihlings  notice  in  writing  that  he  does  so  appeal, 
and  payment  of  the  fee  as  afore.said.  All  ea.ses  in  which  appeals  have  been 
taken  as  above  provided,  shall  be  referred  to  the  I'.oard  of  .\ppeals.  and  said 
board  shall,  after  hearing,  direct  the  Commissioner  of  Piddic  Pnildings  to 
i.ssue  his  ptM'Uiit  under  such  conditions,  if  any.  as  they  may  re(piire.  or  to 
withliold  the  same.     {Hi.,  sec.  I'.l;  corresponds  .M.  C..  1.'47.) 


562  UEVISED   CODE   OR   GENERAL  ORDINANCES.  tCHAP  1. 

Sec.  (id.  Kigiit  to  enter  premises. — Any  nu'iuber  of  the  Board  of  Ap- 
peals aud  any  officer  of  the  building  depai'tment  may.  so  far  as  may  be 
necessai'y  for  the  performame  of  his  duties,  enter  any  building  or  premises 
in  the  (Mty  of  St.  Louis.     ( Ih..  sec.  20;  corresponds  M.  ('.,  sec.  249.) 

Sec.  ()1.  Definitions  of  terms  nse«l. — lu  this  article  the  following 
terms  shall  have  the  meanings  respectively  here  assigned  to  them:  "Com. 
of  Tub.  BIdgs."  shall  mean  the  Commissioner  of  Public  Buildings  of  the 
(''ity  of  St.  Louis.  "Keiiaii-s"  shall  mean  the  renewal  or  restoration  to  its 
original  condition,  of  any  part  of  a  building  which  may  have  become  wholly 
(tr  jiartly  unsound  or  dilaj)idated  or  unfit  for  the  purpose  for  which  it  was 
created  and  which  renewal  may  be  necessary  to  maintain  the  integrity  of 
the  building.  But  the  terms  shall  not  be  construed  to  permit  the  convert- 
ing of  a  building,  in  whole  or  in  part,  into  a  new  one.  or  the  creating  of 
new  conditions,  except  in  accordance  with  the  provisions  of  this  article, 
"llinor  repairs"  shall  be  taken  to  mean  insignificant  rejiairs  not  afl'ecting 
the  structural  parts  of  the  building,  and  costing  less  than  one  hundred 
dollars.  "Alterations"  shall  be  taken  to  mean  a  change  in  or  addition  to  a 
building.  "Minor  alterations"  shall  be  taken  to  mean  slight  alterations  not 
affecting  the  structural  parts,  arrangement,  or  occupancy,  of  a  building,  and 
costing  less  than  one  hundred  dollars.  "Building"  shall  be  taken  to  mean 
any  structure  built  for  the  sui)port,  .shelter  or  enclosure  of  persons,  ani- 
mals or  chattels;  and  wlieu  separated  by  division  walls,  without  openings, 
then  each  portion  of  such  building,  so  separated,  shall  be  deemed  a  separate 
building.  "Building  of  the  first-class"  shall  be  taken  to  mean  a  building  of 
fireproof  construction  throughout,  the  structural  parts  of  which  are  wholly 
of  brick,  stone,  tile,  concrete,  iron  or  steel,  or  other  equally  substantial  and 
incombustible  materials.  "Building  of  the  second  class"  shall  be  taken  to 
mean  a  building  of  mill  or  slow  combustion  construction  wherein  all  floors 
and  roofs  are  constructed  of  heavy  dres.sed  timber,  exposed  beams,  girders 
and  ]ilanking  and  supi)orted  u]K)n  masonry  walls,  or  on  wooden  or  fire 
jiroofed  iron  oi'  steel  columns.  "Building  of  the  third-class"  shall  be  taken 
ro  mean  any  building  not  of  the  first  or  second-classes,  the  external  and 
party  or  division  walls  of  which  are  wholly  of  l)rick.  stone,  concrete,  or 
other  equally  substantial  and  incond)ustible  nmterials.  "Building  of  the 
fourth-class"  shall  be  taken  to  mean  any  building  not  of  the  first,  second  or 
third-classes.  "Fireproof  shall  be  taken  to  mean  not  only  non-infiammable. 
but  fire-resisting  and  non-heat  conducting,  "(^ellar"  or  "l)asement"  shall  be 
taken  to  mean  Ihe  lower  story  of  a  building,  when  wholly  or  partly  below 
ground.  "Story"  shall  be  taken  to  mean  that  portion  of  a  building  included 
between  the  surface  of  any  floor  and  the  surface  of  the  next  floor  above  it, 
or  if  there  be  no  floor  above  it,  then  the  space  between  such  flooi-  and  the 
ceiling  next  above  it.  "Attic"  shall  be  taken  to  mean  any  unfinished  space 
immediately  below  the  roof  of  a  building,  or  an  upper  room  having  a  height 
of  less  than  eight  feet.  "Grade"  shall  be  taken  to  mean  the  established  side- 
walk level  at  the  building  line  of  any  street,  or  if  the  building  be  not  built 
on  the  building  line  of  a  street,  then  the  exposed  surface  of  the  earth  ad- 
joining any  wall  shall  be  taken  to  be  the  grade  foi-  (hat  wall.  "Building 
line"  shall  be  taken  to  mean  the  established  boundary  line  between  jirivate 
property  and  any  |iublic  highway.  "Height  of  a  building"  shall  be  taken  to 
mean  tlie  vertical  distance  between  the  highest  jiart  of  the  roof  and  the 
highest  point  of  the  grade.  "Foundation"  shall  be  taken  to  mean  that  por- 
tio)i  of  a  building  below  ground  and  in  contact  with  the  earth.  "Party  wall" 
shall  be  taken  to  mean  a  masonry  wall  used  or  built  to  be  u.sed  for  the  com- 
mon sejiaration  or  sujiport  of  adjoining  buildings  of  sejiarate  owni>rs.  "Di- 
vision wall"  shall  be  taken  to  mean  a  masonry  wall  entirely  dividing  or  sep- 
arating one  building  from  another.    "Partition  wall"  shall  be  taken  to  mean 


I 
i 


ART.    IV.  1  BUILDING  COPK.  563 

iiiiv  iiiicrior  wall  of  masonry.  "lOxIcrnal  wall"  shall  lie  taken  to  mean  evt»ry 
oiiti'i-  \('i-lical  ciiclosiirc  of  a  liiiildiiijr  oiliir  ihaii  a  |iaii\  wall.  "I 'iirlain 
wall"  shall  lit'  taken  to  mean  an  enelosinj;  wall  hiiill  and  sn|i|iorie(l  lietween 
columns  or  jiit'i's.  aixi  on  j;inlers  or  tjllier  siipiiorls.  ami  snslainin;;  no  wcij;lit 
lint  it.s  own.  "Skeleton  Imildin^"  shall  l)e  taken  to  mean  a  linildin;^  ol  the 
lii-stciass,  the  walls.  Iloors,  and  otlief  parts  of  which  are  snipiioiled  ni)on 
and  tarried  by  a  metal  framework.  "Slow  combtistion  eoiistnution"  or  "mill 
constriu'tion"  shall  be  taken  tt)  mean  biiildinjis  of  the  second  class  as  herein 
deliiied.  "Dwellinji"  shall  be  taken  to  mean  any  buildiii';  wherein  the  second 
story  and  all  stories  above  it  are  occupied  li,\  a  sin-^le  family,  "l.odjfinfi 
House"  shall  be  taken  to  mean  a  buildint;  wherein  persons  are  accommo- 
dated with  sleei)inj;  ajiartments.  ami  includes  hotels.  b(>ariliii<:  houses  and 
ajtartment  houses  where  cookinj;  is  not  done  in  the  several  apartments  and 
wheiv  there  are  more  than  live  bedrooms  for  hire.  "Tenement:  house"  shall 
lie  taken  to  mean  a  buildin<i;  which,  or  any  portion  of  which,  is  occn])ied  by 
more  than  two  families  liviiij;  indejiendenlly  of  each  oihci-.  and  doiufi  their 
cookini;  np<in  the  premises,  or  by  more  than  one  family  above  the  lirst  story, 
so  livinj;  and  cookiiij;.  "Theater"  shall  be  taken  to  mean  a  buildiii;i.  or  por- 
tion of  a  buildinjr.  wherein  it  is  made  a  business  to  carry  on  the  |iresenlat  ion 
of  dramatic.  o]K'ratic,  or  other  performances,  or  show.s.  for  the  entertain- 
meut  of  spectators  and  haviiifi  a  |iermanent  stage  for  such  performances, 
whereon  are  employed  scenery  and  other  movable*  aiiidi.-iiices.  {Ih..  sec.  21  ; 
corresponds  M.  ( "..  sec.  !t4.) 

Sec.  62.  I'ir.sl-c'las.s  liuil<liii<>-.s. — A  lirst -class  liuildiui:  shall  be  coii- 
striu-ted  wholly  of  non-inllammable  materials,  with  walls.  Iloors  and  roofs 
constructed  of  masoni-y  or  concrete;  or  of  iron  or  steel  frame  work,  tilled 
between  and  around  with  masonry,  concrete,  terra  cotta  or  other  durable 
nnn  intlaminable  and  tirei-esistinj,'  materials.  .Ml  columns.  j;irders.  beams, 
struts  and  all  structural  members  shall  be  ludlected  with  tirejiroof  ma- 
terials, so  put  on  and  held  in  jilace  as  to  ell'ectiially  jirolect  such  members 
from  the  ell'ect  of  lire,  corrosion  or  abrasion.  All  exterior  columns  and  all 
girders  or  other  framing,  supporting  more  than  one  story  of  masonry,  shall 
be  ju'otected  by  a  thickness  at  any  point  of  at  least  eight  inches  of  fireproof 
material.  .Ml  structural  members  of  buildings  of  this  class  which  may  be 
subjected  to  unusual  res|ionsibility  shall  be  es|iecially  protected  and  lire- 
proofed  in  such  a  manner  as  to  elfeclually  jirotect  such  members  and  their 
loatls  from  risk  of  accitlent  by  tire  or  otherwise.  All  columns  other  than 
those  above  mentioned  shall  be  protected  by  lireprooting  not  less  than  three 
inches  in  thickness  at  any  jioint.  Floor  and  roof  beams  and  other  framing 
shall  b(>  jirotected  by  fireprooting  not  less  than  two  inches  in  thickness.  In 
buildings  of  the  lirst-class  wood  shall  only  be  used  for  the  wearing  surface 
of  Iloors.  and  the  necessary  slee|)ers  for  their  attachment,  fiu-  windows  and 
doorframes,  sashes,  dooi-s  and  tiiiish  around  them,  hand  rails  ami  treads  for 
stairs,  and  wainscoting  except  where  es]iecially  prohibited  by  this  article. 
There  shall  be  no  woodwork  of  any  kind  built  into  masonry  walls.  Kougli 
frames  and  nailing  blocks  of  wood  may  be  permissible  to  be  built  into  non- 
bearing  partitions  of  fireproof  materials.  There  shall  be  no  air  sjjaces  be- 
lwe<>n  the  top  of  any  lloor  construction  ami  the  door  boarding,  or  below 
any  wooden  stair  tread,  or  behind  any  woodwork,  but  all  such  spaces  shall 
be  solidly  tilled  with  con<-rete.  or  plaster,  or  other  tireproof  materials,  {lit.. 
.sec.  ■_*:;;  compare  .M.  ("..  sec  lt)().) 

Sec.  (i:?.  A\  liiil  l>iiil«lin;^s  sliall  !»<•  lir-t-cliiss. — Every  building  here- 
after erected  and  to  be  used  as  a  school  i)iiil<ling.  hospital  building,  asylum 
or  .sanitarium,  having  more  than  two  stories  above  the  ba.sement;  and  every 


564  REVISED   CODE   OR  GENERAL   ORDIN.-VXCES.  [CHAP  1. 

huildiiijL;  licrcafter  erected  to  be  used  as  a  lodging  house  or  tenement  house 
or  ot'tice  l)uildiug  and  having  fifty  or  more  rooms  above  the  first  story,  or 
more  than  lour  stories  in  lieigiit  above  tlie  basement;  and  every  l)uii(ling 
liercal'ter  erected  to  lie  used  as  a  theater,  seating  one  Inindrcd  or  more  per- 
sons, and  liaving  seals  for  spectators  al)Ove  tlie  main  floor  tjiereof.  sliali  l)e  a 
building  of  the  first-class.  Every  building  hereafter  converted  or  enlarged 
for  use  as  a  scliool,  hospital,  asylum,  sanitarium,  hotel,  lodging  hou-se,  tene- 
ment house,  office  building,  or  theater,  shall  com])ly  with  the  provisions  of 
this  article,  relating  to  such  buildings.  Every  building  hereafter  erected, 
altered  or  enlarged  to  a  height  greater  than  ninety  feet  above  grade,  shall 
be  a  l)nilding  of  the  first-class,  and  shall  comjily  in  its  construction  with  all 
the  j)rovisions  of  this  article  relating  to  buildings  of  rhe  tirst-class.  {/h.. 
sec.  :.'.■{;  compare  .M.  V..  sec.  101. i 

Sec.  64.  Second-class  I>uil«lin$>'s. — Second-class  buildings  shall  have 
walls  and  partitions  of  masonry  or  concrete  of  the  thickness  i-e(|nired  by  sec- 
tion 8().  Walls  at  every  floor  level  shall  have  masonry  corbels  or  ofi'sets  of 
not  less  than  four  inches  upon  which  the  floor  planking  shall  rest.  Iron  or 
steel  columns,  girders,  beams  or  other  structural  parts  shall  be  flre])roofed 
in  the  same  manner  as  is  required  in  section  t53  for  buildings  of  the  first- 
class.  There  shall  be  no  hollow  wooden  jiartition  or  any  hollow  or  concealed 
spaces  in  any  wooden  construction.  I'ut  whenever  wood  shall  be  used,  it 
shall  be  solid;  and  it  shall  not  be  jiermissible  in  any  second-class  building 
to  so  plaster  or  sheath,  or  cover  in  with  any  materials,  as  to  leave  any  hollow 
space  behind  the  same.  All  planking  and  all  wooden  columns,  girders,  and 
beams  shall  be  dressed;  and  all  exposed  corners  sliall  be  chamfered  or 
rounded.  >Vooden  columns  shall  be  bored  the  full  length  on  their  axes  with 
one  and  one-half  inch  holes;  and  transversely  at  to])  and  bottom  with  one- 
half  inch  holes;  the  least  dimensions  of  wooden  columns,  beams  or  girders 
shall  not  be  less  than  eight  inches.  All  columns  and  girders  shall  rest  upon 
iron  plates  of  sufficient  size  and  thickness  to  receive  the  loads  from  such  col- 
umns and  girders,  and  ])roperiy  distribute  the  same  to  the  supporting  col- 
umns of  masonry  below,  so  as  not  to  exceed  the  allowable  strains  for  the 
various  materials,  as  given  in  section  one  hundred  and  seventy -eight  of  this 
article.  Floors  and  roofs  shall  be  of  dressed  and  tongued  ]ilanking  not  less 
than  two  and  ti\-e-('iglirlis  inches  thick.  This  jilauking  shall  constitute  the 
undei'  floor.  u[ion  wliiili  shall  be  laid  a  toji  lioor  of  tongued  and  grooved 
material  and  crt)ssing  the  under  lloor  at  an  angle  of  not  less  than  forty-five 
degrees.  Thei'e  shall  be  laid  between  the  under  lloor  and  top  floor  a  fii-esio]i 
of  apjiroved  fireproof  materials,  which  shall  not  be  inferior  to  a  double 
thickness  of  fwo-])ly  asbestos  jiajier.  well  turned  around  all  walls  and  col- 
umns. There  shall  be  provided  ajiproved  water  outlets  for  all  floors,  so  dis- 
tribnled  as  to  ]iro\  ide  one  outlet  for  every  two  thousand  scjnare  feet  of  floor 
area.  These  outlets  shall  be  set  two  inches  below  the  lloor  level  and  be  ar- 
ranged to  conxcy  wafer  to  the  outsid(>  of  such  building.  Windows  shall  be 
])rovided  with  tire  shutters  or  be  otherwis(>  made  fire-resisting  as  provideil 
in  section  1 11  of  this  article;  ICvery  building  exceeding  two  stories  in  height 
and  having  an  undivided  lloor  area  exceeding  seven  thousand  five  liundred 
squaie  feet,  and  evei-y  building  exceeding  seventy-five  feet  in  height,  when  not 
re(|Mired  by  this  article  to  be  a  building  of  the  first-class,  shall  be  a  build- 
ing of  the  second-class.  Hut  nothing  in  this  section  or  in  the  j)receding  sec- 
tion shall  be  so  consti-ued  as  to  (irevent  the  erection  of  grain  elevators  as 
]ii'o\i(li'd  in  section  (i7  of  this  article.     (//>..  s(>c.  lit.) 

Sec.  ().').  Tliinl-class  liiiildiii^'s. — Third-class  buildings  shall  not  have 
a  height  exceeding  sc\cniy  fl\c  feci  ;  nor  an  undivided  tlooi-  area  exceeding 
seven   lhousan<l   li\c  humlrcd    icet    square,   when   more  than   two  stories   in 


ART.   IV.  I  BUILDING  COPE.  505 

lieiftlit.  The  (loors  and  roofs  of  siu-li  Imihliiifis  mav  !»•  ul'  joist  construction, 
;ui(l  ])ai-titioiis  may  lie  of  stvids  ami  i)lastcr,  or  wood,  cxccjit  wiiore  riM|uircd 
liy  liiis  article  to  in-  of  masoni-.v  or  lii'c|irool'  materials.  The  roofs  of  such 
l>ui  Iditijis  shall  he  covered  with  slate,  tile,  metal,  jjravel,  uv  other  ei|ually 
uori  iiillanuiiahle  uialerials.  .Ml  liuildiiijis  hei'eal'ter  ere<-ted.  enlarged  (U-  al- 
tered within  the  lii-e  limits  as  descrihed  in  section  ti(i  of  this  article  shall, 
when  not  liuildiuf^s  ol'  the  lirst  or  second  class,  he  huildin^s  of  the  ihii'd- 
class.  Hut  iiothiu};  in  this  section  shall  he  construed  to  i)revent  the  erection 
within  the  lire  limits  of  such  l)uil(lin'j;s  as  are  provided  foi-  in  sections  Ii7 
an*l  tiS.     I  //*..  sec.  iT) ;  comiiarc  .M.  i '..  •JiKi.  i 

Sec.  (i(i.  Fourtli-rliiss  iMiiltliii^H  not  poriuittiMl  uitliiii  <1h»  lire 
limits — lirt'  limits  defined. — No  fourth-class  Imildius,'  shall  ln'rcafl.-r  be 
liuiii  within  the  disirirt  i^nnwu  as  the  "tirr  limits,"  as  hereinafter  detined, 
except  such  huildin^s  as  are  provided  foi-  in  sections  (i7  and  IIS  of  this 
article.  The  tire  limits  shall  consist  of  a  district  hounde<l  1)\-  a  line  one 
hundred  and  tifty  feet  In'youd  the  foIlowin<i  descrihed  boundary:  I'ejiinning 
at  a  jioint  on  the  ilississipjii  Kiver  whei'e  the  north  line  of  .Vdelaide  avenue 
extended  eastwardly  meets  said  river,  tliem-e  westwardly  alonj;  said  extended 
north  line  and  said  uoi-th  line  of  Adelaide  a\<'nue  to  North  Hi'oadway, 
I  hence  noi-ihwardly  aloiiji  the  east  line  of  North  Uroadway  to  ("arrie  avenue, 
thence  westwardly  alonj;  the  noi-th  line  of  ("ai-rie  avenue  to  Newstead  av(>- 
nue.  thence  southwardly  alon^  the  west  line  of  Newstead  avenue  to  Natural 
Hrid}:e  road,  thence  westwardly  alonj:  the  north  line  of  Natural  Uridjte  road 
to  Kinjjshifjhway,  thence  southwardly  alonji  the  west  line  of  Kiuffshifihway 
to  Kaston  avenue,  thence  westwardly  alon<i  the  north  line  of  lOaston  a\cnue 
to  the  city  limits,  thence  southwardly  with  the  city  limits  to  a  point  where 
the  north  line  of  Forest  I'ark  extended  westwardly  intersects  the  city  limits, 
thence  east  wardly  alonjrsaid  north  line  of  Forest  I'ark  extended  west  wardly 
and  said  north  line  of  said  jiark  to  the  west  line  of  Kin<;shij;hway.  thence 
south  aloufi  the  west  line  of  Kinf;shif,di\vay  to  Arsenal  street,  thence  east- 
wardly along  the  south  line  of  Ar.senal  street  to  Morganford  road,  thence 
south  along  the  south  line  of  Arsenal  street  to  .Morganford  road,  thent'e 
south  along  the  west  line  of  Moi'ganlord  road  to  .Meramec  street,  thence 
east  along  the  south  line  of  .Meramec  sti-eet  to  tli-and  avenue,  thence  south 
along  the  west  line  of  (irand  avenue,  and  its  extensicm  to  Loughboi'ough  a\'e- 
nue.  thence  east  along  the  north  line  of  Loughborough  avenue  to  lOighth 
street,  thence  south  along  the  east  line  of  ICighth  street  to  Marceau  street, 
thence  east  along  the  north  line  of  Marceau  street  to  the  Mississipjii  River, 
excefit  that  .said  tire  limits  shall  not  exten<i  beyond  those  i)Oi-tions  of  Lough- 
borough avenue,  Fightli  street,  and  Mai-ceau  stre<'t,  here  nanieil  as  bounding 
••-.■lid  district,      i //>..  sec.  lit!;  com|iare  M.  ('..  sec.  i:tl4.l 

I  Alx>ve  section  amentled  after  passage  of  Rev.  rode  by  ord.  2Sl8i">;  approved  Aug.  29, 1907.] 

Charter  Reg:iilatl<>iis  as  tn  frniiw  or  wooden  liuildlnKi<:  Cliart..  Art.  XI,  spc.  4; 
and  also  Charter  Art.  III.  sec.  26,  clause  11.  Where  a  city  charter  confers  author- 
ity to  prohlhlt  wooden  bulldlntcs  within  a  certain  district  and  an  ordinance 
to  that  effect  Is  passed,  the  city  authorities  may  remove  a  building  erected 
In  violation  thereof,  without  any  judicial  proceeding,  this  being  a  police  power. 
But  such  agents  must  show  that  In  tearing  It  down  they  use  reasonable  care  to 
preserve    the    mnterlnts:    Kfchenlntih    vs.    St.    Joseph,    113    Mo.    393. 

See.  (iT.  Iron-cliul  lMiildin;ns.  — In  cases  where  no  ])erinaiient  fruinda- 
tioii  for  a  substantial  building  exists,  and  an  iron  i-lad  building  will  not 
])rove  hazardous  to  surrounding  ]iro]ierty,  a  jiermit  may  be  granted  for  the 
erection  of  such  building  within  the  (ire  limits,  in  accordance  with  the 
]>rovisions  of  this  section.  No  such  building  shall  exceed  .seventy-live  hun- 
ilred  square  feet  in  area,  nor  exceed  twenty-five  feet  in  height,  nor  exceed 
one  stoi-y    in   height.      It    shall   not   be   permissible   for  any   such    building. 


566  REVISED   CODE   OR   GENERAL  ORDINANCES.  [CHAP   1. 

when  exceeding  one  thousand  scpiarc  feet  in  area,  to  liave  any  wooden  Hour- 
iug,  unless  laid  on  sleepers  iinhcdded  in  the  earth  or  in  concrete,  so  that 
there  shall  be  no  ojien  space  beneath  such  tloor.  Each  j>iece  of  the  wooden 
framework  of  such  buildings  when  exceeding  three  hundred  square  feet  in 
area,  shall  be  encased  on  all  sides  with  sheet  metal  of  a  thickness  not  less 
than  number  twenty-four  gauge;  and  the  roofs  and  inclosed  sides  of  such 
buildings  shall  be  covered  with  corrugated  sheet  metal  of  a  thickness  not 
less  than  nund)er  twenty-four  gauge,  attached  directly  to  the  framework 
without  the  u.se  of  wooden  sheathing  of  any  kind.  No  such  building  shall 
be  placed  nearer  to  the  line  of  any  ground  of  any  other  owner  than  tive 
feet;  nor  nearer  to  another  building  than  ten  feet,  unless  separated  th(>re- 
from  by  a  brick  wall  of  the  standard  thickness,  as  required  by  sections  S(i 
and  90  of  this  article.  Nor  shall  these  spaces  ever  be  less  than  one  foot  for 
every  eight  thousand  cubic  feet  of  size  of  such  building,  between  it  and  the 
line  of  an  adjoining  owner,  nor  less  than  one  foot  for  every  four  thousand 
cubic  feet  of  size  of  such  building,  l)etween  it  and  another  building,  unless 
separated  therefrom  bv  brick  walls  as  aforesaid.  \  fh..  sec.  27:  comjiare 
M.  C,  sec.  205.) 

Sec.  68.  Frame  builrtinss  iiisido  of  the  fire  limits. — Frame  build- 
ings inside  of  the  tire  limits,  as  established  in  section  lit;  of  this  article, 
shall  have  roofs  of  gravel,  slate,  tile,  metal  or  other  equally  incond)ustible 
materials,  and  shall  not  be  f)uilt  nearer  than  three  feet  to  the  line  of  any 
ground  of  another  owner,  nor  neai'er  than  six  feet  to  any  other  building, 
unless  sejtarated  therefrom  by  a  briik  wall  of  the  standard  thickness  i-e- 
quired  in  sections  8()  and  !)•!,  nor  nearer  than  ten  feet  to  the  line  of  any 
street,  nor  on  the  front  half  of  any  lot,  and  shall  not  exceed  three  hundred 
square  feet  in  area,  nor  twelve  feet  in  height,  and  no  such  building  as  is 
permissible  in  this  and  the  preceding  section  shall  be  lathed  or  plastered 
or  lined  so  as  to  constitute  a  haliitation,  or  be  nsed  for  a  dwelling;  pro- 
vided, that  where  a  frame  building  may  be  so  placed  as  to  not  be  nearer 
than  seventy-five  feet  to  the  line  of  any  ground  of  another  owner,  nor 
nearer  than  seventy-five  feet  to  any  other  building,  nor  nearer  than  seventy- 
five  feet  to  the  line  of  any  street,  it  may  then  be  permissible  to  build  any 
such  frame  building  within  the  fire  limits  as  is  permitted  in  section  09  of 
this  article;  and  provided,  further,  that  nothing  in  this  section  contained 
shall  be  construed  to  apjdy  to,  or  prevent,  the  erection  of  grain  elevators 
as  usually  constructed,  ju-ovided  they  are  erected  on  or  adjacent  to  the 
river  front  or  railroad  tracks,  in  isolated  localities,  and  under  such  condi 
tions  as  the  rommissioner  of  I'ublic  Buildings  may  prescribe,  including 
location,  provided  that  nothing  in  this  section  shall  prevent  the  construc- 
tion of  lumber  sheds  in  lundier  yards  to  protect  lumber  and  other  material 
carried  in  stock.  And,  provided  further,  that  it  shall  be  permissil)le  to 
erect  open  shelters  within  the  fire  limits,  in  accordance  with  the  provisions 
of  this  section.  tSuch  open  shelters  shall  not  exceed  twenty  feet  in  height, 
and  shall  be  roofed  with  gravel,  slate,  tile,  metal  or  other  equally  incom- 
bustible materials,  and  shall  be  <)]ien  for  at  least  one-third  of  their  height 
on  all  sides,  unless  closed  with  brick  walls  of  the  thickness  prescribed  in 
sections  80  and  00  of  this  article.  >so  such  open  shelter  or  shed  shall  ex- 
ceed ten  thousand  square  feet  in  area,  nor  shall  any  such  shelter  be  built 
nearer  than  three  feet  to  the  line  of  any  ground  of  another  owner,  nor 
nearer  than  three  feet  to  another  building,  and  this  distance  shall  never  be 
less  than  one  foot  for  every  foui-  hundred  scpuire  feet  of  area  of  such  shed, 
unless  separated  from  such  otiiei-  owner,  or  other  building,  by  brick  walls 
of  th(>  thickness  provided  in  scrtions  sr.  and  itO.     [Th..  sec.  28. J 


AHT     IV.]  BUILDING  CODK.  6(J7 

Sec.  ()!).  Fourtli-rlass  liiiil<liii<;s  wIhto  iH'rmissil>l«>. — No  fourth- 
class  biiihliufi;  in  tlu'  City  of  St.  ijoiu.-.  .>luiU  exceed  four  lamtlred  tiiousjuul  euliic 
feet  in  size,  nor  forty  feet  in  liei}>;ht ;  nor  sliall  any  fourtli-class  Iniiklinj;  In- 
[ilarcd  nearer  to  the  line  of  the  firound  of  anotlier  tlian  three  feel.  )ink\s.s  sep- 
arated therefrom  l>y  a  liriciv  wall  of  the  sian(hird  Ihickness  reiiuired  by  sec- 
lions  si;  and  '.Mi.  and  this  distance  sliall  never  he  less  than  one  fool  for  every 
ten  llionsand  (uhic  feet  of  size  of  such  hnildin;;.  Noi'  shall  any  fourth-class 
huildinj;  he  huill  in  any  hlock  neariM-  than  seventy-live  feel  to  the  line  of  any 
street  where  there  are  fronlin^i;  npon  either  sidi-  of  sucli  sti-eel  alonj;  said 
hlock  six  or  more  buildinf,'s  of  the  Urst,  second  or  third-class,  unless  the  writ 
ten  cons(»nt  of  a  majority  of  owners  of  ])ro|)erIy  frontinji  upon  holh  sides  of 
said  street  alonji  sinh  hlock.  he  filed  in  the  office  of  the  ( 'omuiissioiuM-  of 
ruhlie  Itnildiuiis.  No  fourth-class  <lwellin}is.  lenements  or  stores  shall  he 
huill  in  a  continuous  row,  except  there  he  hriek  division  walls  of  the  thick 
iiess  reipiired  in  sections  ,•<•>  and  'M'>.  separalin;i  such  huildiiijis  and  exteiul 
injr  llirou};h  (he  roofs  as  provided  in  section  mi.'.      (Jb.,  sec  -'J.) 

Sec.  70.  Quality  of  iiiatorials. — .Ml  materials  are  to  be  of  such 
i|ualily  for  the  iiui-pnse  for  which  they  are  to  he  ii.sed  as  to  insure,  in  the 
judjrment  of  the  Coiiimissioiier  of  Public  l!iiililini;s,  ample  safety  and  secur- 
ity to  life,  limb  and  ni'ij;hhoriii<;  pro]ii'rly.  lluildiiij;  materials  are  to  con- 
form to  lefjal.  trade,  and  manufacturers'  standards,  and  to  be  subject  to  the 
approval  of  the  Comniissioner  of  I'ublic  Uuildinjis,  who  may  require  tests 
to  lie  made  by  the  architect,  engineer,  builder,  or  owuer  to  determine  the 
sirenj;lh  of  the  structural  materials  before  or  after  they  are  incorporated 
in  a  buildint;.  and  may  rei|uire  certilied  cojiies  of  results  of  tests  made  else- 
where from  the  architeit.  engineer,  builder,  owner,  or  other  interested 
parties.      (  III.,  sec.  .■'.11;  comjiare  M.  ('..  sec.  It.").! 

Sec.  71.  Ilt'ig;litli  of  lMiil(liiig:s No  building  or  other  structure  here- 
after ei"ected,  excejit  it  he  an  hotel  or  oflice  building  or  a  spire,  tower  or 
smoke  stack,  shall  he  of  a  height  exceeding  one  hundred  and  fifty  feet,  and 
if  such  building  front  on  a  street  sixty  feet  or  less  in  width,  then  such 
building  sli.ill  not  exceed  two  and  one-half  times  tla^  width  of  such  street; 
and  no  hotel  or  oflice  building  liereafter  erected  shall  be  of  a  height  exceed- 
ing two  hundred  and  six  feel,  measured  from  the  sidewalk  to  the  top  of  the 
roof  covering,     idnl.  i'21M."{,  amending  ord.  :.'2(ll.'l2.  sec.  31.) 

Sec.  7l'.  I*r<»t«'cli«>ii  ajjaiiist  oxcavatioiis. — All  excavations sli.iH  be 
so  [irotected  by  the  person  causing  same  to  he  made  that  the  adjoining  soil 
shall  not  cave  in  by  reason  of  its  own  weight,  or  by  reason  of  any  load  that 
may  rest  upon  it.  '  I  Ord.  22133,  see.  32;  M.  C,  sec.  IOC.) 

See  note  to  next  section. 

Sec.  7:>    Dt'ptlisof  t'\<-a\ationH — duties  (>i'a<lj<»iiiin^<)\vnei's. — 

The  legal  depth  for  excavalions  to  the  bottom  of  footings  shall  be  nine  feel 
for  (hveilings.  and  tifteen  feel  for  all  other  buildings — to  he  measured  from 
the  cnrli  level  on  the  jiart  line.  AVhenever  an  excavation  shall  he  carried  to 
a  greater  depth  than  the  legal  depth  above  given,  it  shall  he  the  duty  of  the 
person  making  or  causing  such  excavation  to  lie  made  to  preservi-  any  con- 
tiguous legal  wall  or  walls  from  injiif\-;  and  sustain,  protect  and  under])in 
the  same  at  his  own  cost  and  expeii.se.  so  that  said  wall  or  walls  sliall  l)o 
and  remain  practically  as  safe  as  before  such  excavation  was  commenced. 
lie  shall  give  timely  written  notice  to  adjoining  property  owners  of  his  in- 
tention to  do  .so,  and  adjoining  property  owners  shall  permit  the  occujiancj 
of  their  ground  and  ;iny  buildings,  so  that  their  walls  may  be  underiiiiinnd 


ggg  REVISED    CODE   OU   GENERAL   ORDINANCES.  [CHAP   1. 

and  sustained.  If  sucli  extavatiou  shall  not  be  carried  to  a  depth  jireater 
tiian  the  legal  depth  above  given,  the  owner  or  owners  of  such  adjoining  or 
contiguous  wall  or  walls,  shall  preserve  their  walls  from  injury,  and  so 
sustain,  protect  and  undcipiii  the  same  at  their  own  cost  and  expense,  that 
the  said  wall  or  walls  shall  b(>  and  remain  as  safe  as  before  such  excava- 
tion was  commenced,  and  said  owner  or  owners  of  adjoining  or  contiguous 
wall  or  walls,  shall  be  permitted  to  enter  ujion  the  premises  where  such 
excavation  is  being  made  for  that  purpose  when  necessary,  ill).,  sec.  -■{;{; 
corresponds  M.  C.  sec.  1(1(1.) 

The  city  has  no  power  to  change  the  common  law  unless  so  authorized; 
the  Charter  does  not  authorize  it  to  change  the  duties  of  adjoining  owners  at 
common  law.  At  common  law  the  right  to  lateral  support  extends  only  to  the 
ground  in  its  natural  state,  not  when  incumbered  by  improvements;  it  is  the 
duty  of  one  about  to  excavate  on  his  lot  to  notify  the  adjacent  owner  of  build- 
ings and  to  use  reasonable  care  in  excavating  to  prevent  injury,  but  the  cost  of 
shoring  and  preventing  injury  to  adjacent  property  falls  on  the  owner  of  such 
buildings,  and  in  so  far  as  this  ordinance  departs  from  the  common  law  and 
imposes  other  burdens  on  the  excavator,  it  is  void:  Carpenter  vs.  Reliance 
Realty  Co.,  103  Mo.  App.  480.  The  general  duty  is  thus  stated  in  Gerst  vs.  St. 
Louis.  185  Mo.  191,  209:  "It  is  the  duty  of  one  making  an  excavation  on  his 
own  land,  deeper  than  the  foundation  of  a  building  on  an  adjoining  lot,  and  so 
near  such  building  as  to  endanger  it,  to  notify  the  adjoining  owner  and  afford 
him  a  reasonable  opportunity  to  protect  his  property,  and  a  failure  to  discharge 
such  duty  is  negligence  for  which  an  action  may  be  maintained  for  the  injury 
resulting,  unless  the  adjoining  owner  had  actual  knowledge  of  such  proposed 
excavation,  and  there  is  no  good  reason  why  this  rule  should  not  be  applied 
to   municipal   corporations  and   their  contractors  as  well   as   other   persons." 

Sec.  74.  Ground  te.st.— The  Commissioner  of  Public  Buildings  may 
require  any  applicant  for  a  j)ermit  to  ascertain,  by  boring  or  other  test,  the 
nature  of  the  ground  ujion  which  he  jiroposes  to  build.  The  soil  to  be  tested 
shall  be  bored  to  a  depth  of  not  less  than  ten  feet  below  the  bottom  of  the 
lowest  footing,  in  as  many  places  as  may  be  necessary,  to  discover  its  com- 
position and  condition.  The  Commissioner  of  Public  Buildings  may  require 
tests  to  be  made  on  the  bottoms  of  excavations  for  footings  and  foundations, 
to  determine  the  actual  load  necessary  to  ])roduce  settlement,  and  the 
amount  of  load  imposed  thereon  shall  be  based  njion  data  thus  derived.  Imt 
in  no  case  shall  the  load  exceed  three  Ions  per  s(|u;ii-e  font.  ill).,  .sec.  ;U ; 
compare  M.  C,  sec.  lOS.) 

8ec.  75.  Loads  to  be  carried  by  the  soil. — Tlie  load  carried  by 
the  soil  shall  be  the  total  dead  load,  and  an  average  live  load  of  not  less 
than  ten  jKuiiids  per  s(iuare  foot  of  all  the  tloor  area  of  the  building,  when 
used  as  an  oftice  building,  lodging  or  teiu'iiient  house,  and  an  average  live 
load  of  not  less  than  twenty  jiounds  jter  square  foot  of  all  the  Hoor  area, 
where  such  building  is  used  for  mercantile  purposes;  and  an  average  live 
load  of  not  less  than  forty  pounds  per  square  foot  of  all  the  floor  area, 
where  such  building  is  used  as  a  warehouse.  Good,  solid,  natural  clay  shall 
be  deemed  to  safely  sustain  a  l()ad  of  three  tons  to  the  sujtcrficial  foot.  The 
area  of  footing  courses  shall  be  sufticient  to  meet  this  requirement,  ill).. 
sec.  :\r>\  compare  51.  C  sees.  IdS,  lOit.  2i;2.) 

Sec.  7().  PiliiiS"- — When  the  nature  of  the  ground  recmires  that  build- 
ings shall  be  sui>])orted  on  i)iles.  the  number,  diameter,  bearing  and  spacing 
of  such  piles  shall  be  sufficient  to  supjiort  the  superstructure  imposed.  .\11 
])iles  shall  be  capped  with  concrete  having  a  firm  bearing  on  the  ])iles.  Such 
concrete  to  be  made  as  provided  in  section  82  of  this  article.  All  ])iles  shall 
be  driven  and  the  t(q)s  cut  olV  on  a  level  to  insure  constant  moisture  in  all 
jiarls  of  the  jiiles.      ilh..  sei-.  :U>:  corres]ion(ls  M.  C,  sec.  114.) 


ART.   IV.]  BUIUIING  CODE.  509 

Sec.  77.      I'^Miiulations. — Every  tmildiiii,'  nl'  \\\r  lir.st.  s Jinl  and  iliinl- 

class.  and  cviTV  buil(liii<;  of  llic  rourlli-class  of  mort'  than  one  story  in 
lifijilit,  shall  have  foundations  of  stone,  hfiek  or  conereti',  whieh  shall  ex- 
tend not  less  than  two  feet  six  inches  lielow  the  adjoiniii};  ex]>osed  siii-faee 
of  the  earth,  and  shall  have  suitable  footinfjs  and  rest  on  solid  };round,  or 
on  heuclied  and  leveled  rock,  or  upon  piles.  Foundation  walls  of  stone 
shall  not  he  less  than  six  inches  thicker  than  the  walls  next  ahove  them, 
to  a  depth  of  ten  feet  below  {^rade,  and  for  every  additional  live  feet  in 
deiitii.  or  |iart  thereof,  they  shall  be  inci-eased  six  inches  in  thickness.  No 
stone  fuuiidalionH  supi>orliMi;  a  tlireestory  buiidin<;  sliail  be  less  than 
twenty-one  inches  in  thickness.  .Ml  stone  walls  twenly-fonr  inches  or  less 
in  thickness  shall  have  at  least  one  iieader  extendinfj  tlirou<ih  the  wall  in 
every  three  fwt  in  heijjlit  from  the  bottom  of  the  wall,  and  in  every  four 
fwt  in  lenfTth,  and  if  over  twenty-four  inches  in  thickness  shall  have  one 
header  for  every  six  superficial  feet  on  liolh  sides  of  the  wall,  and  runninj; 
into  the  wall  at  least  two  feet.  .Ml  headers  shall  be  at  least  eifihieen  inches 
in  width  and  consist  of  j;ood  llat  stone.  No  stone  shall  be  laid  in  such  walls 
in  any  other  position  than  on  its  natui'al  bc(l.  I'oundation  walls  of  brick 
or  concrete  shall  not  be  less  than  four  inches  tliii'ker  than  the  walls  next 
above  them,  to  a  depth  of  eii;ht  feet  below  jrrade.  and  for  every  additional 
five  feet  in  depth,  or  part  tliei'eof.  they  shall  be  increased  four  inches  in 
thiikness.      {III.,  sec.  'M  [  comjiare  .M.  ('..  sees.  11.").  IKi.  117,  llS.i 

See.  78.  Ground  daiiipiiess. — In  all  ca.ses  where  tlic  naliin'  of  thi;  .soil 
is  damp  or  contains  water,  suitable  provisions  shall  be  made  lo  carry  otT 
all  such  dampness  or  moisture,  by  means  of  drain  tiles,  laid  outside  of  the 
walls,  or  inside  of  the  walls,  or  both  outside  and  inside,  such  drain  tiles  to 
be  connected  with  a  catch  basin  or  other  suitable  device,  and  thence  dis- 
charjicd  into  the  house  di-ain.      (//>..  sec.  .'58;  eori-es|ponds  .M.  ("..  ,scc.  1111.  i 

Sec.  7'.).  Ketaiiiiu;;  wall.s. — Kctaininir  walls  shall  not  be  less  than 
thirty  inches  tliick  at  the  bottom  for  a  heij^ht  of  twelve  feet,  and  for  every 
additional  live  feet  oi-  fi'action  thereof  in  heijilit  at  least  six  inches  shall  be 
added  to  the  thickness  of  the  wall  at  the  bottom.  Sucii  walls  may  be  bat- 
tereil  to  eii,diteen  inches  at  the  to]).  All  retaining;  walls  shall  be  laid  U|i  in 
tirst-class  hydi'aulic  cement  nu)rtar.  to  be  made  as  jiroxided  in  section  SI!  of 
this  article,  and  shall  be  well  jri-outed  in  ajjainst  the  earth  bank,  or  [jointed 
on  (he  outside  at  least  four  feet  down  lioni  the  top  of  the  wall,  (lb.,  sec. 
39:  corresponds  M.  C,  sec.  113.) 

See.  80.  K<M»liii};.s.— Footings  shall  be  of  stone  or  concrete,  or  both,  or 
stei)|ied  u|)  bi-i<k  work,  of  sufficient  thickness  and  area  to  safely  bear  the 
wei;;lit  lo  be  imposed  thereon.  If  footiiifis  be  of  concrete,  the  concrete  shall 
not  1)0  less  than  eifjht  iuclies  thick  under  walls,  and  not  less  than  twelve 
inches  thick  under  piers,  columns  and  posts;  if  of  stone,  the  stone  shall  not 
be  less  than  six  inches  in  thickness  umler  wills,  and  at  least  twelve  inches 
wider  than  the  bottom  width  of  said  walls;  if  umler  piers.  <'oI\imns  or  j)osts, 
such  fooiinj,'s  shall  not  be  less  than  eijL;ht  inches  in  thickness  and  at  least 
twelve  inches  wider  on  all  sides  than  the  bottom  width  of  said  |)iers.  col 
umns  or  posts.  All  footin>;  stones  shall  be  well  bedded  and  laid  crosswise. 
ed>;e  to  ed'je.  If  stepjied  up  footings  of  brick  are  used  in  jdace  of  stone 
above  the  concrete,  the  stejis  or  offsets,  if  laid  in  single  coiir.ses.  .shall  not 
exce«»d  one  and  one  half  inches,  {ir  if  laid  in  double  courses,  then  each  shall 
m>t  exceed  three  incites,  starting  with  the  bi-ick  work,  covering  the  entire 
width  of  the  concrete,  so  as  to  |)ro|)ei-|y  distribute  the  load  im|)oscd  thereon. 
If  steel  or  iron  rails  or  tn-ams  are  tised  as  parts  of  foundations,  they  must 


570  REVISED   CODE    OR   GENERAL   ORDINANCES.  [CHAP   1. 

be  thoroughly  imbedded  in  concrete  well  rammed  to  fill  all  cavities.  The 
beams  or  rails  must  be  entirely  enveloped  in  concrete  and  the  exposed  ex- 
ternal surfaces  of  such  concrete  shall  be  coated  with  cement  mortar.  (lb., 
sec.  40;  corresponds  M.  C,  sec.  119.) 

Sec.  81.  Materials  for  walls. — The  walls  of  evei-y  building  other  than 
buildings  of  the  fourth-class  (see  sections  01.  Cu.  68  and  G9)  shall  be  con- 
structed of  stone,  brick,  iron  or  other  hard,  incombustible  materials,  and 
the  several  component  jiarts  of  such  buildings  shall  be  as  hereinafter  pro- 
vided,     [lb.,  sec.  -tl ;  comiiare  M.  ('.,  sec.  '.((I.  i 

See.  82.  Concrete. — In  all  buildings  of  the  first,  second  and  third  class 
hereafter  erected,  where  concrete  is  used  for  walls  or  foundations,  the  con- 
crete shall  be  composed  of  Portland  cement,  clean,  sharp  river  sand,  and 
limestone,  or  other  equally  good  stone  macadam.  The  stone  shall  be  crushed 
or  broken  into  small  ]iieces,  the  largest  of  which  shall  pass  freely  through 
a  ring  two  inches  in  diameter.  The  proportions  of  cement,  sand  and  ma- 
cadam shall  be  as  follows:  One  part  cement  to  not  more  than  three  parts 
of  sand,  and  not  more  than  five  parts  of  macadam,  mixed  in  such  manner 
that  the  materials  sliall  be  a  uniform  mass.  All  concrete  shall  be  used  ar 
once,  and  before  it  has  becdiiie  set  or  bard.  ilJi..  sec.  42;  corresponds  M.  C 
sec.  120.) 

Sec.  83.  (Quality  of  mortars. — lu  all  )>uildiugs  of  the  first  and  second 
class  hereafter  erected,  the  mortar  used  in  the  foundations  and  walls  be- 
low the  level  of  the  first  floor,  shall  not  be  inferior  to  a  mortar  composed 
of  one  part  Portland  cement  and  three  parts  of  clean  sand,  thoroughly 
mixed  dry  .so  as  to  be  of  one  uniform  color,  and  to  have  the  proper  amount 
of  water  added  to  make  a  smooth  working  mortar  and  used  while  fresh. 
From  the  first  floor  level  to  the  toji  of  the  building,  for  all  buildings  of  the 
first  and  second-class,  the  mortar  used  shall  not  be  inferior  to  a  mortar 
composed  of  one  part  natural  cement  to  three  parts  of  sand,  mixed  and  used 
as  descrilted  above,  or  a  mortar  composed  of  e(|ual  i)arts  of  Portland  cement 
mortar,  as  first  above  described,  and  lime  mortar,  thoroughly  mixed  and 
used  while  fresh.  In  buildings  of  the  third-class  hereafter  erected  more 
than  three  stories  in  height  above  the  basement,  the  mortar  shall  not  be 
inferior  to  that  herein  recpiired  for  buildings  of  the  first  and  second-class. 
In  buildings  of  the  third-class  hereafter  erected  more  than  three  stories  in 
height  above  the  basement,  the  mortar  shall  not  be  inferior  to  that  herein 
rei|uired  for  buildings  of  the  first  and  second-class.  In  buildings  of  the 
third-class  hereafter  erected  three  stories  or  less  in  height  above  the  base- 
ment, and  in  foundations  for  buidlings  of  the  fourth-class,  the  mortar  used 
shall  not  be  inferior  to  a  mortar  made  from  fresh  burned  lime,  well  slaked 
and  mixed  with  clean,  sharp  sand.  All  nuirtars  shall  be  made  with  such 
materials  and  such  projiortions  of  sand  as  will  secure  thorough  adhesion  to 
the  materials  with  which  they  are  to  be  used;  and  it  shall  be  unlawful  to 
use  mortai-s  not  so  made,  or  to  use  mortars  inferior  to  those  herein  de- 
scribed.     I  III.,  sec.  4;{;  compare  M.  (".,  sec.  I»T.) 

Sec.  84.  (Juality  of  brick  work  and  bond.— The  bricks  used  in  all 
buildings  of  the  first  and  second-class  shall  not  be  inferior  to  the  grade 
known  as  "strictly  hard  and  red"  bricks.  The  bricks  used  in  all  buildings 
of  the  third-class,  exceeding  three  stories  in  height,  shall  not  be  infei-ior  to 
"ordinary  hard  and  red"  bricks.  The  bricks  used  in  all  other  buildings 
shall  not  be  inferior  to  •■merchantable"  I)ricks.  The  bricks  used  in  the 
foundations  of  all  buildings  shall  not  be  inferior  to  "straight  hard"  bricks. 
All  walls  of  brick  shall  be  thoroughlv  bonded  and  tied  and  .solidly  built; 


ART.   IV.  1  lUI  [.DING  CODE.  57I 

all  jniiits  iioi  coMTfil  in  shall  lie  sinick,  IO\fi-_\  sixlli  ((Hirsc.  at  least,  of  a 
l)rick  wall  shall  lie  a  headinj;  or  hoiuliiiy;  coiirso,  oXf('|il  where  walls  are 
faceil  with  lace  hrick.  in  which  case  every  sixth  course  shall  he  honcU-d  with 

hoiiil  lirick.  I'^lemish  h lers.  or  with  a  metal  hoiid  salisfactorv  to  the  Coni- 

tiiissioiu'i-  of  I'uhlic  Uuildinjjs.      {lb.,  sec.  44;  convspouds  JI.  C,  see.  98.) 

See.  S").  Wettiiijjr  l»ri«*ks.  -  Bricks  wlicii  laid  in  warm  weather  sliall 
he  wetted,  wlieii  laid  in  colil  weather  shall  he  I  liornni;hl_v  dry  and  protected 
I'l-oiii  the  (dements,      [lb.,  sec.  4.' ;  <(ii-res|ionils  .M.  ('..  sec.  !l!l.) 

See.  S().  ThirkiU's.H  of  hru-k  ^villls. — The  minimum  allowable  thick- 
ness for  hrick  external  and  division  liearinji  walls  for  hnildings  of  the  first, 
second  and  third  classes.  i>xcept  for  (lwellinf;s,  lodninj;  houses  and  teiiemunt 
houses  (see  section  103)  shall  he.  for  the  two  to|)  stories,  thirteen  inches; 
for  the  next  two  stories  below,  ei.nhleen  inches;  and  for  each  succeediuj;  two 
stiu'ies  of  increased  lieij;lil,  the  walls  shall  he  four  inches  thicker  than  tlie 
two  stories  next  above  them.  I'artv  walls  and  division  walls  of  any  length 
in  building  for  mercantile  or  maiuilacturing  purposes  shall  be  four  inches 
thicker  in  all  stories  than  the  thickness  given  above.  Walls  exceeding  one 
hundred  and  ten  feet  in  length,  for  buildings  more  than  one  story  in  height, 
shall  be  made  four  iiuhes  thicker  than  the  minimuni  thickness  first  given 
above,  unless  there  be  inti-rsecting  walls  of  equal  height,  (U'  solid  buttresses 
extending  to  the  lo]i  of  the  wall,  and  having  a  ju'ojection  beyond  such  wall 
of  not  less  than  nine  inches,  with  a  sectiomil  area  of  not  less  than  three 
hundred  square  inches,  for  each  eighteen  lineal  feet  of  such  wall.  [lb.. 
sec.  4t; :  ((uupare  M.  (".,  sees.  121.  122,  128.) 

Sec.  S7.  \\'alls  of  Imildiiius  supimrfiiig- (russ<»s.— The  walls  of 
churches.  Iheatei-s,  foumhies,  niarliinr  slin|is,  armories,  markets.  assend)iy 
rooms,  halls,  ami  l)uildiugs  of  like  character  shall  not  be  less  in  thickness 
than  the  thickiu>ss  |)rescribed  in  preceding  .section,  with  such  piers  or  but- 
tresses in  addition  as  may  be  necessary  to  make  such  i)uil(ling  safe  and 
substantial  within  the  terms  and  jirovisions  of  this  article,  ilb..  sec.  47; 
eorres|ionds  .M.  ("..  .sec.  123. 1 

Sec.  88.  IiK-reased  tliii-kne.ss  of  l>earinf>:  walls  witli  oiK'niiijfs 

If  any  hiu-izontal  section  through  any  i)art  of  any  bearing  wall  in  any 
building  other  than  a  skeleton  building,  sliows  more  than  tifty  per  centum 
area  of  Hues  or  ojienings,  the  said  wall  shall  be  increased  four  inches  in 
thickness  for  every  ten  \>ov  centum  or  fraction  thereof  of  line  or  opening 
area  in  excess  of  lifty  |)er  centum.  In  any  wall  the  same  amount  of  ma 
terials  may  be  used  in  i)iers  or  buttresses  having  the  same  .sectional  area  as 
would  Ih-  re(|uired  ftu'  a  solid  wall.  ilb..  .sec.  4S ;  corres|ionds  .M.  ('.,  sees. 
i:!(l.   12t;.  I 

Sec.  S'.).  Kocos.st's  iind  <'hases. — Heces.ses  for  stairways  and  elevators 
may  be  left  in  tin-  foundaiioii  or  cidlar  «alls  of  any  building,  but  in  no  case 
shall  the  walls  be  of  less  thickin'ss  than  the  walls  of  the  third  stoi'y.  unless 
reinfoi'ced  by  additional  piers  or  iron  cidunins  and  girders,  .securely  an- 
chored to  the  walls  on  each  siile.  No  chase  for  water  or  other  ])i[)es  shall 
be  made  in  any  pier,  and  in  no  wall  more  than  one-half  of  its  thickness.  No 
horizontal  cha.se  or  slot  shall  be  jiermissible  in  any  wall,  except  the  wall  be 
reinforced  in  such  a  manner  as  to  fully  compensate  for  any  reductitui  of  its 
strength  by  reason  of  sm-h  cha.se  or  slot.  Recesses  for  alcoves  and  similar 
pnrpo.ses  sliall  not  be  de<'per  than  half  the  thickness  of  the  wall,  ami  in  no 
case  shall  there  l>e  less  than  nine  inihes  of  bi-ick  work  at  the  hack  of  such 


572  REVISKI)    CODE    OR    OENRRAL   ORDINANCES.  [CHAP   1. 

reiosst's,  provided  tluit  such  recesses  .shall  uot  be  more  than  eight  feet  wide, 
and  shall  be  arched  over  and  uot  carried  up  higher  than  a  point  eighteen 
inches  below  the  bottom  of  the  beams  of  the  floor  next  above.  The  aggre- 
gate ai-ea  of  recesses  in  any  wall  shall  uot  exceed  one-fourth  of  the  whole 
ar(»a  of  tlie  face  of  the  wall  on  any  story,  nor  siiall  an.\-  such  i-ecess  be  made 
within  a  distance  of  six  f(>et  from  any  other  one  in  the  same  wall.  (/&.. 
sec.  4!);  coiTcsiionds  M.  ("..  sec.  144.) 

Sec.  !)().  AValls  Willi  air  spaces  ami  hollow  bri«*ks._Briik  walls 
with  an  air  space  may  be  erected  under  this  article,  but  the  amount  of  ma- 
terial in  said  wall  shall  be  the  same  as  required  for  a  standard  wall  of  the 
same  height  built  solid,  and  no  snch  walls  shall  be  built  unless  the  parts 
of  the  same  are  connected  by  jirojiei-  ties  of  brick  oi-  ii'on  iilaced  uot  over 
twenty-four  inches  apart,  horizontally  and  vertically,  throughout  the  entire 
surface  of  the  wall.  The  inside  four  inches  of  standard  walls  may  lie  built 
of  hard  burned  hollow  clay  or  jioi-ous  terra  cotta  bricks  of  the  dimensions 
of  ordinar\  bricks,  jiroperh  tied  and  bonded,  ilb..  sec.  .")ll;  corresponds 
M.  C,  sec' 143.) 

See.  91.  Restrictions  on  nse  of  timber  in  walls. —No  wooden 
blocks  or  timbers  shall  be  built  into  auy  masonry  walls  of  any  buildings  of 
the  second  and  third-class,  except  finish  blocks  and  lintels,  but  no  wood 
lintels  shall  exceed  seven  feet  in  length.  It  shall  be  unlawful  to  build  into 
any  wall  any  continuous  horizontal  timber  or  to  erect,  construct,  alter  or 
build  any  wall  ujioii  wooden  girders,  rafters  or  lintels,  or  to  supiiort  auy 
such  wall  by  auy  wooden  supjiort  whatever;  but  all  such  su])ports  shall  be 
t)f  iron,  brick  or  stone,  and  of  sufficient  size  and  strength  to  sujtport  the 
sujierstructure.  (Ordinance  I'L'L'dU,  amending  1I2(IL*2,  sec.  .51;  compare 
M.  C,  sec.  130.) 

The    amendment    merely    corrected    a    clerical    error    )>y    omission    of    tlie    word 
"not"   after   "It   shall." 

Sec.  92.   Non-beariiif;  walls  may  be  of  reduced  tliic'kness. — Xou 

bearing  walls  may  be  four  inches  less  in  thickness  than  the  minimum  thick- 
ness provided  in  section  8(),  provided,  however,  that  no  wall  be  less  than 
thirteen  inches  thick,  except  as  hereinafter  specitied.  {Jh..  sec.  52;  corre- 
sponds M.  C,  sec.  131.) 

Sec.  9.S.  Thickness  of  cnrtain  walls  may  be  reduced. — Curtain 
walls  may  be  less  in  thickness  than  the  minimum  thickness  (see  section  SO 
of  this  article)  for  walls  of  buildings  of  the  first,  second  and  third  class, 
but  no  I'urtain  walls  shall  be  less  than  thirteen  inches  thick.  (//*..  sec.  aS; 
comjiare  ^1.  ( '..  sec.  132.) 

Sec  94.  Hrick  or  stone  piers,  bond  and  caji  plates. — VWfvy 
pier  built  of  brick  or  stone  having  an  area  of  les.s  than  nine  s(|uare  feet  at 
the  ba.se.  and  sui)]iorting  any  truss,  beam  or  girder,  arch  column  or  lintel 
spanning  an  ojiening  over  ten  feet,  or  su|)i)ortiug  a  wall,  shall  l)e  capped 
with  an  iron  jilate  of  sufficient  strength  and  size  to  safely  distribute  the 
load  on  such  i>ier.  P.rick  ])iers  shall  be  built  of  hard  well-burnt  brick.  I'rick 
or  stone  jiicrs  shall  be  laid  in  c(>menl  mortar,  as  provi(le(l  in  section  83 
hereof.  Isolated  brick  oi-  stone  i)iers  shall  not  exceed  in  height  eight  times 
their  least  dimension.      (//;..  sec  ."4:  corres]ioiids  M.  ('..  sec.  13S.  | 


ART.    IV  1  BUIL.UING  CODK.  573 

Sec.  9").  H«'ij;-|i(s  «)r  st«»ries. — The  innxinuun  lifijiht  of  stories  for 
lirick  walls  of  llie  Iliickiiess  •;iveii  in  seelioii  St!  shall  not  exeeed  Tor  the  lirst 
storv,  eighteen  feet;  Cor  the  second  stoi-v.  tifleen  I'eet  ;  tor  the  top  slorv. 
tirteen  feel  ;  foi-  inlernieili:ite  slories,  foni'leeii  feet  ;  where  slor.v  hi'iirhls  ex- 
ceed the  heifihls  alioxe  ;;i\-en,  llie  walls  so  increased  in  lieifilil  shall  Ite  I'onr 
inches  Ihirker  than  Ilie  niinimnni  lliickness  jiiven  in  section  Sti  tor  every 
ten  Ceel  of  increased  height  or  jiai-t  thereof.  (,//;..  sec.  '}'t;  conijiaiv  .M.  ("., 
sec.   ll'T.  I 

Sic.  ()(!.  Hri<'k  walls  f«uMHU'-st<»r.v  Imihlinfrs. — Biiek  walls  forone 
stoi-y  buildings  may  lie  Imilt  nine  inches  in  tliickni'ss  where  such  walls  do 
not  exceed  fifteen  feet  in  hei>;lit,  nor  fifty  feet  in  lenj;ili.  Inn  no  wall  snp- 
iMirtini;  uirdeis  shall  lie  less  than  Ihii'leen  inches  thick. 

Se<'.  !)7.  Stone  ashlar.  t<MTa  cotta  aiul  iiM'tal  fa«'iii«;s. — Anybriek 
wall  may  be  tared  wiih  siunc  aslilai'  wliiili  ashlar  shall  aoi  be  less  than 
foni'  inches  in  thickness  and  the  combined  thickness  of  brick  work  and 
.ashlar  shall  be  at  least  fonr  inches  <;reater  than  the  standard  thickness  of 
walls.  (See  section  8(5  of  this  article.)  Stone  asldar  .shall  be  substantially 
anchored  to  the  brick  backinj;  at  least  every  two  feet  in  heifiht  and  fonr  I'eet 
in  length.  Terra  cotta  facinj;s  on  brick  walls  or  piers  may  be  nsed.  wilhont 
an\  increased  thickness  of  walls,  [irovided  all  such  fa<-in<is  be  backed  np 
solid  with  brick  or  concrete,  the  brick  or  comrele  to  till  all  the  hollow 
spaces  in  the  teri'a  cotta  in  such  a  manner  that  the  same  shall  be  thoroughly 
incorporated  with  the  wall.  Where  metal  facini;s  are  nsed  on  brick  walls 
ini  extra  tliickness  of  brick  work  shall  be  I'ecpiired.  ilh..  sec.  T)?;  corre- 
s| Kinds  .M.  ("..  sec.  1 :!.'!.  i 

Sec.  ;js.  Kxistiiij;  party  walls  may  bo  us<»d. — Walls  heretofore 
built  for  or  used  as  parly  walls,  whose  thickness  at  I  he  time  of  their  erec- 
tion was  in  accordance  with  the  re(|nirenienls  of  ihe  then  existing:  ordinaiu'e 
but  which  may  not  be  in  ac<-ordance  with  the  re(|uirements  of  this  article, 
nniy  be  used  if  in  <;oi>«l  condition,  for  the  ordinary  uses  of  party  walls.  pi<i- 
vided  tlie  iieijjht  of  the  same  be  not  increased,  ill).,  sec.  ."),*<;  corresjionds  M. 
• '.,  sec.  i:U. ) 

Sec. '.»!).  Il«'i.u:li(  nia\  lie  iiicr«'aMO(l. — In  case  it  is  ilesin-d  to  increase 
tlie  hei^jht  of  existing'  walls,  which  walls  are  less  in  thickness  than  the 
standard  re<piired  uniler  (his  article  (see  .><ec.  .Sfii,  the  same  shall  be  done 
by  a  linin;;  of  brick  work  to  form  a  combined  thickness  with  the  old  wall  of 
not  less  than  four  inches  more  than  the  thickness  riMpiiivd  fur  a  standard 
wall  correspond iiifi  with  the  (o(al  hei};ht  of  the  wall  wh(>n  so  increa.sed  in 
heijiht.  The  said  lining  stiall  be  supjiorted  on  iiroper  foundations.  However, 
no  lining  shall  be  less  than  nini-  incites  in  thickness,  and  all  iinin<;s  shall  be 
laid  up  in  cement  mortar  and  lhorou<;hly  anchored  to  (he  old  lii'ick  walls 
with  suitabh-  wrouj;ht  iron  anchors  placed  two  feet  ajiart  and  jirojierly  im- 
bedded into  the  old  walls  in  rows  alternatini;  vertically  and  horizontally 
with  each  other.  The  old  walls  must  tii-st  be  cleaned  of  ]ilastei-  or  other 
coatinfis.  In  place  of  a  brick  liniuf;  as  above,  a  skeleton  steel  or  iron  frame 
may  be  erected  a};ainst  said  old  wall  ami  be  properly  anclnu'ed  to  same. 
The  str<-njr(h  of  said  steel  or  iron  frame  and  i(s  foundations  shall  be  the 
sann-  as  called  for  in  buildings  of  skeleton  steel  ronstrmt  ion  for  walls  of 
similar  heijiht.  and  sm-h  steel  or  iron  fi'ame  shall  be  lire  proofecl  as  jirovided 
in  this  article.  Where  the  brick  walls  of  dwi'llin;,'s.  erected  before  Ihe 
piissaj;e  of  this  article,  are  found.  n|ion  inspection  by  the  Cominissioiier  of 
I'lililic  I!uildinj:s.  to  be  sound  and  in  jjood  ((Uiditioii,  and  to  be  capable  of 
sustaining   salVIv   an   additional   storv.    he   mav.   at    his   discretion,   issue  a 


574  REVISED    CODE   OR    GENERAL   ORDINANCES.  [CHAP   1. 

jK'i'iiiit  I'di-  the  erection  of  sucli  addilioiKil  storv  of  liiick  work,  even  thougii 
ilic  \Mills  (it  rlie  existinj;  huiklinf;'  be  of  less  tliickness  than  tliat  required  by 
tills  article.      {Ih..  sec.  H!!;  coni])are  Al.  C,  sec.  135.) 

ISec.  100.     Walls  not  to  be  carried  up  in  advance  of  other.s.— 

No  wall  or  walls  ol"  any  buildinf;,  other  than  a  skeleton  liuihlinj:,  shall  be 
carried  uj)  in  advance  of  any  other  wall  of  said  building,  except  in  the 
following  manner:  In  all  cases  where  one  or  more  walls  are  carried  up  in 
advance  of  other  walls  of  the  .same  building,  suitable  provisions  shall  be 
made  to  jiroperly  bond  together  and  anchor  such  walls  every  four  feet  in 
their  height  by  wrought  iron  tie  anchors,  not  less  than  one  and  one-half 
inches  by  three-eighths  of  an  inch  in  size,  and  four  feet  long.  All  piers 
shall  be  anchored  to  beams  or  girders  on  the  level  of  each  tier.  [Ih..  sec. 
(!();  corresponds  M.  C,  sec.  K-ilt.) 

See.  101.  AValls  and  beams  to  be  braced. — The  walls  and  beams 
of  every  building,  during  the  erection  or  alteration  thereof,  shall  be  strongly 
braced  from  the  beams  of  every  stoi'y,  and  when  necessary  shall  also  i)e 
braced  from  the  outside,  until  the  Imildiiig  is  inclosed.  The  roof  tier  of 
beams  shall  be  safely  anchored  to  the  beams  of  the  story  below  until  the 
building  is  inclosed.     ( Ih.,  sec.  61 ;  corresponds  M.  C,  sec.  140.) 

See.  102.  Parapet  fire  walls  and  coping:s. — In  mercantile  or  manu- 
facturing buildings,  all  division  or  jiai-ty  walls  shall  be  carried  thirty  inches 
above  the  roof  covering  as  a  tire  wall  and  shall  be  not  less  than  thirteen 
inches  thick  above  roofs  and  shall  be  cojied  and  covered  with  stone,  well- 
burnt  terra  cotta  or  cast  iron ;  division  and  party  walls  for  all  other  build- 
ings excepting  residences,  shall  be  carried  up  to  a  height  of  not  less  than 
eighteen  inches  al)Ove  the  roof  covering  at  any  point,  and  for  residences 
not  less  than  twelve  inches  at  any  point,  and  shall  be  coped  as  required 
above,     {Ih.,  sec.  (J2;  comjiare  M.  C,  sec.  141.1 

See.  103.     Brick  walls  for  dwellings,  lodyinj?  and  tenement 

lunises. — Tht^  minimum  thickness  (tf  brick  external  and  division  bearing  walls, 
for  dwellings,  lodging  houses  and  tenement  houses,  shall  be  for  the  three  to]) 
stories,  thirteen  inches;  for  the  next  two  stories  l)elow,  eighteen  inches;  and 
for  each  suci'eeding  two  stories  of  increased  height  the  walls  shall  be  four 
inches  thicker  than  the  two  stories  next  above  them.  Walls  exceeding 
eighty  feet  in  length  for  such  buildings  shall  be  made  of  the  thickness  given 
in  section  SO.     (76.,  sec.  63.) 

Sec.  104.  Slated  walls  and  jyables.— In  dwellings,  lodging  Ikiuscs 
and  tenement  houses,  when  required  or  ])ermitted  by  this  article  to  be 
buildings  of  the  third-class,  and  a  jioi'tion  of  a  story  is  omitted,  or  roofed 
at  a  lower  level  than  another  })art,  and  where  there  are  no  masonry  walls 
at  or  below  (he  line  of  such  di\ision,  (hen  it  may  be  ])ermissible  to  enclose 
such  ]iarts  with  wooden  studs  or  sheathing,  covered  on  the  outside  ^\■\\h 
slate  or  other  dui'able  tire-resisting  matei-ial ;  and  it  shall  be  jiermissible 
to  cover  (he  sides  of  dormers,  gables  and  bay  wimlows  of  such  buiblings 
with  like  materials.  Hut  no  such  construction  shall  have  an  exposed  surface 
exceeding  two  hundi'cd  and  lifty  s(|uare  feet,  nor  shall  it  be  permitted  nearer 
than  tliree  feel  lit  1  lie  line  (if  any  adjoining  owner,      t /6.,  sec.  64.) 

Sec.  10.').  Fireproof  walls  for  lijjht  and  vent  shafts. — In  every 
buildinij   four  stories  or  more   in   lieielil    hereafter  erected  all   the  walls  or 


ART.   IV.]  BUILDING  CODE.  575 

partitions  foiiiiiii<;  interior  liti'it  or  vent  sliafts  sliall  bo  built  of  luick  or 
iitliiT  :i]ipi-i)vc(l  tircin-dol'  iiintcrials.  tlh..  sec.  fi.");  (■(irn'spoiHls  M.  ('.,  sec. 
14(1.1 

See.  106.  Ht*i};lil  of  lioll<»\\  tilr  pait  il  ion  wallH. —  Fuiir-imli  and 
sixiiuli  liollow  tile  iiarUtiou  walls  of  liardburnt  elay.  jioroiis  terra  colla 
or  other  suilabie  lireprootliifi,  niav  be  bnill  not  exeeediii};  in  their  vei'tical 
I'liriiuii  a  iiieasiirenient  of  til'leeii  feet  and  twenlv  feet,  resjieetivelv.  and  in 
tlu'ir  horizontal  nieasiirt'iiu'iit  a  leiii^tli  not  e.xceedinf;  sevenlytive  feet,  un- 
less streiiiitheiied  by  a  steel  frame,  eross  walls.  ](iei's.  columns,  or  butlresses. 
.\11  such  walls  ai'e  to  be  carried  on  iiro|)er  foundations  or  on  iron  }iirders 
or  columns.  In  no  ease,  however,  are  such  jiartition  walls  to  be  used  as 
bi-arini;  walls  or  to  snp|i(M-t  any  load  except  their  own  wi'ijiht.  ^lh..  sec.  (i(>; 
corresponds  M.  (".,  sec.  147.) 

Sec.  107.  Pari  il ion  walls. — Every  luiildiui^  not  of  the  first-class  liere- 
after  erected,  to  lu'  used  as  ati  (d'tice  buildinj;  or  a  tenement  or  lodf^iii}; 
house,  and  haviii};  a  hei<iht  of  three  or  more  stories,  shall  be  divided  by 
tirick  partition  walls  of  the  standard  thickness  ]irovi(led  in  section  l^)^,^  of 
this  article,  so  placed  that  no  division  of  such  buildin<i;  above  the  first  story 
shall  exceed  an  area  of  two  thousand  five  hundred  scpiare  feet.  All  such 
division  walls  shall,  where  possible,  start  from  the  foundations;  aiul  all 
partitions  in  the  baseiiieni  ami  tirsl  story  of  such  buildiiij;s,  if  occupied 
for  business  ptirjioses,  shall  be  of  brick  ov  concrete,  and  shall  exl(>nd  lo  the 
top  of  the  lloor  joists  of  the  lloor  al)ove  such  iiartiti(Ui.  elfectually  closiiif^ 
all  sjiaces  between  the  ceilini;  and  lloor  with  lireproof  materials.  livery 
buildin<;  hereafter  altered  or  converted  to  be  used  as  an  office  buildin>;,  or 
a  tenement  or  lod<rin^  house,  shall  coni|)ly  with  all  the  reipiii-ements  of  this 
.section.     {/})..  sec.  ((7;  coiu|pare  .M.  ('..  sec.  I'J.").  i 

Sec.  l(is.  Partition  and  wall  fiiiTinj;. — No  jpariitious  of  wooden 
studs  or  scantlinjLts,  or  wooden  wall  furrin};s,  shall  be  employed  in  the  base- 
ment or  cellar  of  any  building  hereafter  erected  or  altered  to  be  used  as 
lod};in}ior  tenement  house  or  office  building  or  mercantile  or  manufaeturinj; 
buildin;;.  of  foiic  or  more  stories  in  heii,dit;  nor  shall  any  wooden  or  stud 
|iartilion  be  used  for  the  sup|i(U-t  of  lloors  in  any  such  bnildiiij;  hereafter 
erected,  altered  or  converted  to  the  uses  aforesaid.  Nor  shall  aii.\  wooden 
partitiiMis.  or  partition  of  wooden  studs  be  hereafter  permitted  to  be  erected 
liefw(>en  stores,  or  |)laces  of  business,  or  teneineiils  to  be  oc<'upied  by  seji- 
arate  tenants,  btit  such  ]);irti1ions  shall  be  of  ajiproved  fireproof  materials. 
lib.,  sec.  (i8.) 

See.  It)!).  l"ir«'  slops. — Every  stud  partition  in  every  Iniildiuir  of  tbire 
or  more  stories  in  heiirht,  hei-eafter  erected  or  altered,  lo  be  used  as  an 
office  buildin-;,  or  a  tenement  or  lodjiin^i  hous(\  shall  have  a  solid  continuous 
*hoe  ami  cap  not  less  than  two  inches  thick,  the  full  width  of  such  parti- 
tion. etVectnally  closin;i  all  spaces  between  the  studs  of  such  ]iarlilion  and 
the  spaces  between  the  lloor  joists  below  or  above  such  |>artilion;  where 
stud  partitions  in  smh  buildin;.'s  extend  down  to  a  |>artition  cap.  or  a 
■rirtler  or  plate  btdow  the  tloor.  then  the  space  between  the  studs  shall  be 
tilled  solid  to  two  inches  above  the  lloor  with  ap)>ri>ved  lireproof  materials, 
so  as  to  etfeclually  stoj)  the  ])assa<;e  of  fire  from  the  spaces  between  the 
studs  to  the  spaces  belween  the  joists.  Where  brick  walls  of  su<-h  luiildiiiiis 
are  furred  with  wooden  furrin;;,  the  brick  W(uk  iK'lweeii  the  joists  in  each 
tier  of  lloor  beams  sliall  [iroject  the  full  thickness  of  su<'h  furrinp.  .Ml 
slots  or  chases  in  the  walls  of  such  buildings  or  spaces  between  studs  shall 


576  REVISED   COIiE   OR   GENERAL   ORDINANCES.  [CHAP   1. 

be  solidly  8t(i]i|ic(l  with  liiciiiouf  materials  nt  every  tlooi'.  ^Vhel■e  pipes  or 
ducts  or  wires  jiass  tiirou;iii  the  tire  stops  herein  iXMpiired,  they  sliall  be 
siirrouiKled  at  such  places  by  mortal'  or  metal  or  other  apjiroved  fireproof 
materials,  in  such  a  manner  as  to  elfectually  stop  the  jiassa^e  of  tire.  (/&.. 
sec.  (il> ;  compare  ^I.  <\.  sec.  14.5.) 


Sec.  no.  Wall  to  be  plastered  back  of  wainscotiii};. — When  wood 
waiiiscotin-i  is  used  in  any  bnildin<i  such  as  is  mentioned  in  the  preceding; 
section,  the  surface  of  the  wall  or  jiartition  behind  such  wainscoting  shall 
be  jilastered  down  to  the  floor  line,  unless  said  wainscotiii";  is  jilaced  against 
a  brick,  stone  or  tile  wall  or  partition.  (lb.,  .sec.  70;  compare  M.  C,  sec. 
150.) 


Sec.  111.     How  cellar  or  basement  ceiling  to  be  i)lastereil. — 

The  ceilings  over  every  cellar  or  basement  of  all  dwelling,  lodging  or  tene- 
ment houses,  shall  be  plastered;  when  more  than  three  stories  in  height, 
they  shall  be  lathed  with  wire  or  metal  lath  and  plastered  thereon  with  two 
coats  of  brown  mortar  of  good  materials,  (Ord.  22272,  amend,  22(122. 
sec.  71.) 

[Sec.  Ilia.     Ceiling^s,  i)artitions,  etc.;  how  plastered.*] 

'This  .section  is  one  enacted  after  the  suI)inission  of  tlie  '.'Revised  Code"  ordi- 
nance to  tlie  assembly  and  before  its  passage,  lience  could  not  be  inserted  therein, 
and  referred  in  its  title  to  the  Municipal  Code  instead  of  Revised  Code.  If  in 
time  it  would  have  appeared  in  the  Revised  Code  as  section  Ilia,  hence  is  in- 
serted at  this  place,  in  the  note  belovi';  the  ordinance,  omitting  caption,  is  as 
follows; 

(2274.?) 

Section  One.  Ordinance  Number  Twenty-two  Thousand  and  Twenty-two,  en- 
titled [here  follows  title,  etc.]  is  hereby  amended  by  inserting  a  new  section  to  be 
known  as  Section  Seventy-one  A.  as  follows: 

Section  Seventy-one  A.  All  ceilings  and  stud  partitions  of  all  dwellings,  lodg- 
ings and  tenement  houses,  and  furred  walKs  of  the  same,  when  plastered  with 
lime  mortar  on  wood  lath,  must  have  not  less  than  one-half  inch  key,  leaving 
space   between   ends  of  lath. 

For  three-coat  or  scratch-coat  work  to  have  at  least  seven-eighths  inch 
grounds  or  iambs,  mortar  to  be  mixed  as  follows: 

First  of  scratch  coat  to  be  mixed  or  ti-mpercd  one  part  of  thoroughly  slaked 
lime  to  two  and  one-half  parts  of  sand  and  one-half  part  of  hair  to  be  applied 
with  sufficient  i)ressuru  to  insure  a  good  rivet  or  clinch  on  upper  side  of  lath, 
to  be  scratched  thoroughly  to  make  key  to  retain  second  coat.  First  coat  to  be 
thoroughly  dry  before  applying:  second  coat  or  brown  mortar,  for  three  coat  or 
scratch  work  to  be  mixed  with  one  part  of  slaked  lime  to  four  parts  of  sharp 
.sand,  with  little  hair.  Lime  mortar  for  brick  or  tile  work  to  be  mixed  with  one 
part  lime   to   five   sand. 

For  two  coats  of  laid  off  work.  First  coat  to  be  mixed  the  same  as  in  three 
coat  work.  Hrown  mortar  or  second  coat  to  be  mixed  or  tempered  one  part  of 
lime  to  six  parts  of  sand.  Grounds  should  not  be  less  than  one-half  inch.  For 
white  coating  with  lime  mortar,  lime  should  be  well  slaked  and  put  through  a 
fine  screen  or  sieve. 


ART    IV.  1  BUILDING  CODE.  577 

To  inl.N  tliorouglily  before  applying  use  two  parts  of  llnie  to  one-half  part  of 
plaster  of  parls. 

For  cornice  work  equal  parts  of  lime  anil  plaster  of  parls  should  he  useii.  All 
lime  should  be  slaked  at  least  ten  days  before  usingr.  All  plastering  must  be 
done  straight  and  square  to  the  floor  line:  also  all  pjastering  made  (lush  and 
solid   to  all   frames  and  to  be  straight  and   regular  to  all    moldings  and   casings. 

Wlien  patent  plasters  are  used,  such  as  Acme,  Climax,  Hoyal,  Laramie  and 
other  standard  cement  plaster: 

For  three-coat  work,  lath  to  be  spaced  not  less  than  three-eights  inch  key. 
Joints  to  be  broken  every  tlfth  lath,  leaving  space  between  ends  of  lath.  First 
coat:  To  each  measure  of  flbered  cement  plaster  add  two  measures  of  clean,  sharp 
sand,  mixed  thoroughly  and  uniformly,  and  add  sufliclent  water  to  temper  to 
proper  consistency.  Mortar  to  be  applied  i)romptly  with  sufficient  pressure  to 
form  a  good  rivet  or  clinch  on  upper  side  of  lath.  First  coat  to  be  tl'ioroughly 
scratched    to    make    a    key    to    retain    second    coat. 

Second  coat  to  be  applied  when  first  coat  Is  two-thirds  dry,  and  to  each 
measure  of  flbered  cement  plastered  add  two  measures  of  clean,  sharp  sand, 
mixed  thoroughly  and  uniformly,  and  add  sufficient  water  to  temper  to  a  stiff 
mortar.  Mortar  to  be  applied  promptly  with  sufficient  pressure  when  half  dry  to 
apply   finishing  coat.        Finish  coat    for  smooth   finish. 

I'nfibered  cement  plaster  with  sufficient  water  to  temper  to  a  proper  con- 
sistency trowelled  down  with  the  least  water  possible  and  brush.'ct  with  a 
perfectly  dry  brush. 

Second  coat  work. 

Grounds  to  be  not  less  than  one-half  Inch.  Lath  to  be  spaced  not  less  than 
three-eights  Inch  key.  Joints  to  be  broken  every  fifth  lath,  leaving  space  between 
ends  of  lath. 

First  coat. 

To  each  measure  of  fibered  cement  plaster,  add  two  measures  of  clean,  sharp 
sand,  mixed  thoroughly  and  uniformly.  Add  sufficient  water  to  temper  to  proper 
consistency.  Mortar  to  be  applied  at  once,  with  coat  sufficient  to  make  walls 
flush   with   grounds.     Apply   finishing  coat   when    first  coat   is   half  di'y. 

Approved   February    alh.    1907. 

Set-.  112.  H<Mifs. — Every  l)iiil(liujr  iv(|uiri-d  liy  tlii.s  art icli-  to  be  of  the 
first,  scfoiid  iif  third  ehiss  .slwill  Ii;ivo  :\  roof  loveriiio  of  metal,  slate,  tile, 
•iravol.  (ir  other  eiitially  diirahU*  and  iiieoiiihustible  material.  All  roofs 
other  than  Hat  roofs,  ou  buildiii<;s  over  forty-flve  feet  lii^h.  and  which  are 
used  for  mercantile  or  nianufactiirin;;  ])ur]iosos,  shall  be  wholly  of  fire|)roof 
materials,  supported  on  iron  or  steel  rafters  and  siijiptirts.  (Ord.  l.'l.M)l22, 
sec.  T'J ;  compare  .M.  <'..  sei-.  I.'il.) 

Sec.  IV.i.  Hoofs  ill  <*()nti};iioii.s  hiiihiiiijjr^- — I"  i'H  eases  where  two 
or  more  bnililin;;s  are  Iniill  ;id jciiiiiiii:.  and  scjiarated  by  iiie:ins  of  a  division 
wall  or  walls,  the  roof  shealliiiif,'.  cornices  or  ridi;e  moiildiiijis  shall  not 
extend  over  or  cover  any  |iorlion  of  sncli  division  wall  or  walls  unless  such 
roofs  are  constructed  wholly  of  lireproof  materials  as  mentioned  in  the 
()receding  section,     i  Ih..  sec.  73;  corresponds  M.  C.  sec.  135.) 

Sec.  114.  .'Maii.NartI  riMil's. — .Maiisanl  roofs  shall  be  considered  as  roofs 
iKivin;;  an  an^le  with  the  horizon  of  not  less  than  tifty-flve  degrees,  nor 
more    than   eightv    degrees,   aiitl    no   such    roof   shall    be    permissible,    when 


578  REVISED   CODE   OR   GENERAL   ORDINAMCES.  [CHAP  1 

parallel  with  and  nearer  tlian  three  feet  to  the  projiei-ty  line  of  anothef 
owner,  unless  sii<h  roiiC  he  made  whiillv  (if  tirc'prodf  materials.  {lb.,  .sec.  74.1 

Sec.  ll.'j.  Repairs  and  renewals  of  roofs, — Tlie  roofs  of  all  luiild- 
Ings.  erected  from  and  after  the  jiassafje  of  this  ordinance,  within  the  fire 
limits,  a.s  descrihed  in  section  (i(i  of  thi.s  article,  shall  be  covered  with  such 
materials  as  are  mentioned  in  section  11:2.  and  when  such  roofs  are  renewed. 
it  shall  he  done  with  such  materials  as  will  conform  to  the  re(]uirements 
of  this  section.     {Ih..  sec  T.").  amended  l).v  ord.  2214o.) 

Si'c.  IKi.  Metallic  leaders  from  roofs. — The  roofs  of  all  buildings 
shall  be  ]'rovided  \\ith  ]iro]ier  metallic  leaders  for  conducting  the  water 
away  from  the  roofs  in  such  a  manner  as  shall  prot(><-t  the  walls  and 
foundations  of  sticli  buildings,  or  of  adjacent  buildings,  from  injury.  In  no 
case  shall  water  from  such  leaders  be  allowed  to  How  tijioii  adjoining  walls 
or  premises  or  upon  the  sidewalk,  but  shall  be  conducted  by  jiroiier  jiipes  to 
the  sewer.  If  there  be  no  sewer  available,  then  the  water  from  such  leader.s 
shall  be  conducted  liy  ]iiiies  below  the  surface  of  the  sidewalk  to  the  street 
gutter.      (Ord.  l-'^Ol'L".  sim-.  Tii;  see  M.  ('.  178.1 

Sec.  117.  Cornices, — In  all  cases  whei-e  a  wall  is  finished  with  stone 
or  terra  cotta  cornice.  sixt.\-ti\('  |ier  centum  of  the  weight  of  the  material 
for  such  cornice  shall  be  on  the  inside  of  the  outer  face  of  the  wall,  or  shall 
be  securely  anchored,  so  that  the  cornice  shall  be  firmly  balanced  upon  the 
wall.  Cornices  of  all  buildings  over  forty-five  feet  in  height,  excejtting 
residences,  shall  be  <oustrncted  of  non-combustible  material,  and  shall  be 
well  secured  to  the  walls  with  anchors  of  metal  brackets.  The  lookouts  to 
which  such  cornice  is  secured  must  in  all  cases  be  of  metal.  In  all  cas(>s 
the  walls  shall  be  carried  u]i  to  the  sheathing  of  the  roof,  and  where  the 
cornice  projects  over  the  roof  the  walls  shall  be  carried  u]i  to  th(>  \o\>  ol' 
the  cornice.  All  exterior  wooden  cornices,  except  for  residences  and  build 
ings  under  forty-five  feet  in  height  that  shall  hereafter  re(|uire  to  be  re 
paired  or  replaced,  shall  be  constructed  of  some  non-combustible  material, 
as  riMpiired  for  new  buildings;  and  all  exterior  wooden  cornices  or  gtitters. 
except  residences  and  buildings  tinder  forty-five  feet  in  height,  that  may 
hereafter  be  damaged  by  fire  or  otherwise,  shall  be  taken  down,  and  if  r  ■ 
|ilaced  shall  be  constructed  of  nun  loniluist  ible  material.  Uh..  sec.  77:  cor 
responds  M.  (\,  sec.  l.")2.) 

See.  lis.  Balconies. — Balconies  may  project  over  the  street  lines  of 
buildings  only  when  such  balconies  are  constructed  wholly  of  iucombustilile 
ni;iterials;  but  no  jiart  of  stich  balconies  shall  ]>roject  more  than  three  feet 
beyond  the  street  lines.  \o  jiart  (if  such  balconies  shall  be  neari'r  tha-i 
fourteen  feet  from  the  sidewalk  urade.  i //;.,  sec.  78;  corresponds  M.  (".. 
sec.  212.) 

See    sec.    124."?    prescriliinff    in'iialtj-    for    projecting    balconies,    etc..    and    making; 
same  a   rnis<iIeineanor.   and   sec.    1092    permitting   balconies   at   theaters. 

Sec.  ll!t.    Projections  over  si«lewalks  on  street  or  alley  lines.— 

The  walls  of  all  bay  or  oriel  windows,  except  in  dwellings,  shall  be  con- 
structed entirely  of  incombustible  materials.  The  limitations,  dimensions 
and  locations  of  bay  and  oriel  windows  projecting  over  the  street  or  alley 
building  line  shall  be  as  follows;  No  part  of  any  bay  or  oriel  window  shall 
be  at  a  less  distance  Ih.in   fourteen  feet  from  the  sidew.-ilk  grade.     No  part 


ART     IV.]  BUILDING  CODE.  579 

of  aiiv  siicli  l)ii.v  or  (trifl  w  iiulow  sliall  iiroject  more  than  tliree  feet  over  tlie 
street  Of  alley  Imildiiiji  line.  No  ]iart  of  s>ieli  liay  or  i)riel  window  shall 
have  a  j;reuter  I'l-onta^e  than  lil'teen  feel.  No  bay  or  oriel  window  shall 
l)rojet't  over  the  liuildiii};  line  of  any  street  or  alley  where  said  street  or 
alley  is  less  than  twenty  fwt  wide.  There  shall  not  be  more  than  one  bay 
or  oriel  window  for  any  twenty  live  feet  of  frontaf;e.  Nothiiif;  herein  con- 
taiiK'd  shall,  however,  limit  the  number  and  si/e  of  bay  or  oriel  windows 
which  are  built  in  such  manner  as  not  to  project  over  the  street  or  alley 
line.     I  /')..  sec.  TH;  corresponds  M.  ('..  sec.  211.) 

Sec.  l'2t).  Show  \vimU»ws.^Nii  part  of  fixed  or  pcrmaiieut  store  fronts, 
show  wimlows  or  storm  doors  on  the  lirst  story  of  any  biiildinji  intended 
for  a  protection,  or  to  contain  jioods  or  wares  for  display  or  sale,  shall  be 
constructed  so  as  to  project  beyond  the  biiildiufi  line  of  any  street  or  alley. 
In  case  of  alterations  of  store  fronts  or  show  windows  necessitated  by  re- 
pairs or  for  the  purpose  of  rearranj;enieut,  or  in  case  of  removal  or  resto- 
ration necessitated  by  lire  or  other  damajie.  such  alterations,  renewals  or 
restorations  shall  be  so  made  as  to  comply  in  all  respects  with  the  provi- 
sions of  this  ordinance  relatinj;  to  the  construction  of  new  store  fronts  or 
show  windows,     (lb.,  sec.  !S0;  compare  M.  C,  sec.  2J3.j 

Sec.  121.  Siffiis. — Any  sijrns  now  erected,  or  that  may  be  hereafter 
elected,  on  the  toi>  of  any  buildiufj;,  or  attached  to  the  walls  of  any  building, 
and  that  may  become  rotli-n  or  unsafe,  shall  be  taken  down  and  removed 
upon  notice  so  to  do  from  the  Commissioner  of  Public  Uwildinns.  No  sign 
exceeding  twenty  S(niare  feet  in  size  shall  hereafter  be  erecled  on  any  build- 
ing without  a  iiermit  from  the  ( '(unmissioner  of  I'liblic  lliiiidings,  as  pro- 
\  ided  in  sections  ll!  and  T>1  of  this  article.  No  sign  exceeding  tlirt'e  and  one- 
half  feet  in  width,  or  ten  feet  in  height,  shall  hereafter  be  attached  to  any 
building,  unless  such  sign  is  constructed  wholly  of  metal  or  other  non- 
c  iimbustible  material.  When  two  or  more  signs  are  placed  on  any  build 
ing.  one  above  another,  the  width  or  height  of  the  signs  shall  be  measured 
as  if  there  were  but  one  sign,  and  Ihi'  spaces  between  the  signs  shall  be  in- 
cluded in  the  width  of  the  signs,  unless  there  be  a  clear  si)ac(>  of  at  least 
six  feet  between  the  signs.  No  sign  shall  hereafter  jiroject  more  than 
eighteen  incites  over  the  building  line  of  any  street  or  alley,  nor  shall  any 
projecting  sign  be  i)laci'd  nearer  than  eight  feet  to  the  ground  or  pavement 
of  any  strfn^-t  or  alley:  nor  shall  any  sign  be  so  placed  as  to  obstruct  any 
lire  escajte.  or  interfere  willi  the  o](erations  of  the  fire  de|iartment.  Every 
sign  hereafter  erected  uiioii  any  building  shall  be  sup|iorled  u])on  heavy 
iron  braces  bolted  to  the  walls  or  roofs  of  the  building  in  a  firm  and  secure 
manner;  and  it  shall  be  unlawful  for  any  iieison.  firm  or  c(n-iioration  to 
erect  or  cause  to  be  erected  any  sign  in  violalion  of  this  section,  ill).,  sec. 
SI  :  i-ompare  M.  C.  sec.  21(».  I 

Hut    .ii't-    R.    C.    .MIH-.    1216.    which    seems    to    be    not    In    hurinony    In    respect    to 
lu'iKht  in  the  clear. 

S.c.  122.  T«»\\»T.s,  tlurmi'r.s  and  .spires  on  top  ol  Imiklin^.s. — 
Towers,  dormers  and  spires  may  be  erected  on  the  roofs  of  buildings,  but 
shall  not  occupy  more  than  one(|uarter  of  the  street  frontage  of  any  build 
ing.  and  shall  not  in  any  case  have  a  base  are.'i  of  more  than  sixteen  hundred 
s(piare  feet.  .Ml  such  iloriiiers.  towers  or  spires  shall  be  built  of  non  com 
buslible  materials.  Towers,  dormers  or  sjiires  shall  not  be  permitted  on 
btiildings  of  the  second  and  third  class  where  the  extreme  height  of  the  to]i 


580  REVISED  CODE   OR   GENERAL  ORDINANCES.  (CHAP   1. 

of  the  tower,  dormer  or  spire  shall  exceed  one  hundred  and  fil'tv  feet  above 
the  street  grade.     i/6..  sec.  82;  corresponds  M.  C,  sec.  104.) 

Sec.  123.     Pent  hoii-ses,  how  con.strxictcd Pent  house.-;  us.-d  as  iu- 

closures  foi-  tanks  or  elevators,  and  coverings  for  the  machinery  of  elevators, 
and  any  other  purpose  whatever,  hereafter  erected  on  or  above  the  roof  of 
buildings,  shall  be  built  of  fireproof  materials  or  sheathed  and  covered  on 
all  sides  with  metal,  including  sides  and  edges  of  doors.  Covers  on  toj)  of 
water  tanks  placed  on  roofs  may  be  made  of  wood,  covered  with  sheet 
nielal.  \A'here  party  or  division  walls  form  one  or  more  sides  of  pent  houses, 
such  walls  shall  be  carried  up  as  tire  walls  above  the  roof  of  the  pent  house. 
ilb..  sec.  8;>;  cori-esponds  M.  C.  sec.  17(J. )  ^ 

!Sec.  124.  ^Vater  tank.s  on  iron  supports. — Wati^r  tanks  erected 
over  roofs  of  i)uildiugs  shall  be  sujjported  on  brick  or  stone  bearing  walls 
or  on  metal  beams  or  posts.     (7&..  sec.  84;  corresponds  M.  C,  sec.  177.) 

Sec.  125.  Least  tliickness  for  ^voorten  l)eanis. — If  wooden  floor 
beams  used  in  any  building  other  than  a  building  of  the  fourth-class,  here- 
after erected,  shall  be  of  a  less  thickness  than  two  inches,  except  in  dwell- 
ing houses  not  exceeding  fifteen  feet  wide,  the  Euilding  ("omniissiouer  may 
require  the  beams  to  be  spaced  in  a  way  to  adequately  insure  the  safety 
of  the  building.     iJb..  sec.  8.5:  conqiare  M.  ('..  .sec.  104.) 

Sec.  12().  Joists  to  be  covered  Uurinj;  building:. — It  shall  be  tlie 
duty  of  the  i)ersou  or  j)ersons  having  charge  of  the  construction  of  any 
building  hereafter  erected,  to  have  joists  or  girders  of  each  floor  above  the 
second  floor  covered  with  scaft'old  boards  or  other  suitable  nuiterial  as  the 
building  ])i-ogresses.  so  as  to  sufflcienrly  protect  the  workmen,  either  from 
falling  tliriiugh  such  joists  or  girders,  or  to  jirotect  the  workmen  or  others 
who  may  be  under  or  below  each  lloor  from  falling  bricks,  tools  or  other 
substances,  whereby  accidents  luipj)en.  injuries  occur,  and  life  and  limb 
are  endangered.     {lb.,  sec.  8(!;  corresponda  il.  ('.,  sec.  1(5.5.) 

Sec.  127.  Wooden  beams  in  party  Avails.—  All  wooden  beams  and 
other  timber  entering  jiarty  or  division  walls  of  bnildings  shall  be  se])- 
arated  from  the  beams  or  tindiers  entering  in  the  oi)iiosite  side  of  the  wall 
bv  at  least  four  inches  of  solid  masonry,  ilb..  .sec.  87;  compare  M.  ('.. 
sec.   l()(i.) 

Sec.  12^.     Ends  of  beams  to  be  beveled The  ends  of  all  wooden 

tlooi-  and  i-oof  beams,  where  they  rest  on  brick  walls,  shall  be  cut  to  a 
bevel  of  one  inch  in  five  inches.      [lb.,  sec.  88;  corresponds  M.  C,  sec.  1()8.) 

See.  12it.  Bridjjing;. — All  floor  joists  shall  Ix-  properly  bridged  with 
cross  bridging:  in  ao  case  shall  the  rows  of  bridging  be  more  than  eight 
feet  ajtart.    \  Hi.,  sec.  8!t:  corresponds  .M.  C,  sec.  I(i7.  i 

Sec.  130.     .\neborin}»'  walls  to  joists,  jjirders  or  beams.— In  all 

bnildings  of  the  first,  second  and  third  class,  the  floor,  joists,  girders, 
beams,  and  roof  framing,  whether  of  wood,  iron  or  steel,  shall  be  anchored 
to  walls  in  a  good  and  substantial  mannei'.  such  anchors  to  be  jilaced  not 
more  than  eight  feet  apart,  and  to  be  built  into  the  masonry  walls.  The 
form  and  construction  of  said  ancliors  shall  be  optional  with  ilic  ownei-  or 


ART.   IV.  I  BUILDING  CODE.  581 

owners  of  llie  buildiiij;  or  biiiltlini;s,  l)ul  in  no  case  shall  they  tie  so  t-oii- 
sii-ncted  or  plaeed  as  to  raiise  any  straiii  on  the  masonry  walls,  in  case 
<il'  j,'i\iMt;  way  of  the  floor  or  roof  constriietion  caused  by  tire  or  otherwise. 
The  anchors  must  in  all  ca.ses  be  self  releasiiij;.  and  .secured  to  the  joists, 
tlirders.  beams,  etc..  whether  of  wood,  iron  or  steel,  at  or  near  the  lower 
ed<;e.  The  size  of  such  anchors  must  in  all  cases  be  in  proportion  to  the 
joist,  {jirder  or  beam,  but  in  uo  case  of  less  strenj^th  than  a  bar  of  iron  one 
and  one-quarter  inch  by  one-quarter  inch.  Where  joists.  j;irders.  beams, 
etc.,  abut  or  lap  over  a  {rirder,  they  shall  be  secured  to  each  other  by  nail 
in^.  or  by  means  of  sii'a]i  anchors  made  of  iron  or  steel  not  less  than  one 
and  i)ne-(|uarter  inch  by  one-quarter  inch,  and  securely  nailed  to  joists, 
^rirdci's  or  beams  when  of  wood;  and  bolted  or  riveted  when  made  of  iron 
or  stci-i.  In  ail  cases  the  .system  of  wall  anchors  and  anchors  where  joists, 
jiirdcrs  or  beams  abut  or  join  shall  be  so  arraii<ied  as  to  secure  a  continuous 
tie  from  wall  to  wall,  \\here  joists,  jrirders  or  beams  are  parallel  with 
the  walls,  suitable  anchorage  to  walls  sh.-ill  be  jirovided  for.  but  in  no 
case  shall  such  ancliorafre  be  nearer  than  four  feet  to  the  center  of  such 
joist,  fjirder  or  bi>am.     ilh..  sec.  !1((;  c()m|par('  M.  ("..  sec.  17:!. I 

Sec.  1:{1.  Beaiii>  and  woodwork  lu'iir  tiin's. — All  woodcu  lit-ams 
shall  be  trimmed  away  from  all  tines,  whether  the  same  be  lor  smoke,  air. 
or  any  other  use.  The  trimmer  beams  to  be  at  least  nine  inches  from  the 
inside  face  «)f  the  Hue  in  a  straij;ht  line,  but  in  no  ease  shall  wooden  beams 
be  built  into  any  chimney  breast,  ami  the  header  beams  shall  be  at  least 
two  inches  from  the  outside  face  of  the  chimney  breast.    No  wooden  furrinj; 

or  w len   lathin;;  shall   be  placed  aj.rainsi    or  across  any   chimney   breast. 

ill).,  sec.  '.H  :  comi.are  M.  ('..  sees,  ir.ii.   niii.i 

Sec.  l:\-2.  TriiiiiiiiM- and  hoaiiei"  beams. — The  trimmer  and  header 
beams  shall  be  at  least  double  the  thickness  of  the  tloor  or  roof  beams,  or 
shall  be  made  of  two  beams  formiiii^  such  thickness.  pi'Operly  sjiiketl  or 
bolted.  When  the  header  is  more  than  fifteen  feet  in  lenirth  (or  where  the 
header  is  framed  to  the  trimmer  beams  more  than  five  feet  from  the  bear- 
iiifl  end  ihereofi  wroufiht  iron  tlilch  plates  of  proper  thickness  and  depth 
shall  be  placed  between  the  wooden  beams,  ami  all  suitably  bidted  tojjether 
through  the  iron  plates;  or  steel  beams  of  sufficient  stren<;th  may  be  used 
in  place  of  flitch  plate  beams.  Every  beam,  except  header  and  i.iil  beams, 
shall  rest  not  less  than  four  inches  on  the  wall,  oi'  uiion  a  j,'irder.  (/&.. 
sec.  ill';  conijiare  M.  (".,  sec.  \~{).) 

See.  V-V-i.  .St  if  nip  irons.— Every  wooden  header  more  tliau  eiirlit  feet 
loujj  used  in  any  bnildin;;  shall  be  hung  in  stirrup  irons  of  suitable 
sti-eni;lli  for  the  size  of  the  timber.     (//)..  sec.  it.'?;  comiiare  M.  C..  see.  ITl.l 

See.  I.'i4.  ("ntlin;;  Ix-anis  f«»r  pi|><'s. — No  pis.  water,  or  otlier  pipes 
which  may  be  inirodintd  inio  ,iri\  hiii  liliii;;  shall  be  let  into  the  beams  un- 
less the  same  be  placed  within  thirty-six  inches  of  a  wall  or  su|i|portin}i; 
partition;  in  no  ca.se  shall  the  .said  j)ipes  be  let  into  the  beams  more  than 
two  inches  in  depth,     ilb..  see.  !)4 ;  eorresjionds  M.  ('..  sec.  17l2.  i 

See.  13.').  S(air\\a.>s  in  ni<T<antiU'  and  nianiifai'tiirin^  Iniild- 
iilffs. —  Every  huildinir  two  stories  or  more  in  heipht  o<'cupied  for  merefliitile  or 
manufacturin<;  pnr|)oses  shall  be  i)rovided  with  at  least  one  stairway,  not 
less  than  three  fivt  in  width  and  extending;  from  the  jrround  floor  to  the 
tiqi  of  the  l)uildin<.'.    in   iDiildiu^R  in    which   fifty   or   more   persons  Jire  em 


582  KEVISED   CODE   OR   GENERAL  ORDINANCES.  [CHAP   1. 

ployed  above  the  second  story  at  least  two  stairways  shall  be  provided, 
said  stiiirways  to  be  iuelosed  in  paititious  jilastered  on  metal  lath,  or  a 
single  stairway  may  be  provided,  said  stairway  to  be  inclased  in  a  fireproof 
shaft.  The  openings  into  the  shaft  to  be  equipped  with  standard  fire  doors 
as  provided  in  this  article.  In  buildings  in  which  moi-e  than  one  hundred 
per-sons  are  employed  above  the  first  story,  the  stairway  or  stairways  shall 
be  of  sufficient  width,  but  in  no  case  less  than  three  feet  wide,  and  said 
stairways  shall  be  inclosed  in  brick  or  concrete  shafts,  all  openings  into 
said  shafts  being  provided  with  standard  fire  doors,  as  provided  in  this 
article.  Every  building  exceeding  three  stories  in  height,  hereafter  used 
for  mercantile  or  manufacturing  purposes,  and  occupied  by  more  than  two 
tenants  above  the  first  story,  shall  have  all  stairways  inclosed  with  walls  or 
partitions  of  approved  fireproof  materials.  Every  ba.sement  room  used  as 
a  salesroom,  or  as  a  work  room,  in  which  twenty  or  more  persons  shall  be 
employed,  shall  liave  stairs  leading  directly  to  the  outside  of  the)  building, 
and  such  stairs  shall  he  so  located,  and  be  of  such  width  as  shall  afford  a 
safe  and  adequate  means  of  exit  from  such  basement.  Any  building  here- 
after converted  to  uses  bringing  it  within  the  jii-ovisions  of  this  section  as 
to  stairways  shall  be  altered  so  as  to  comply  with  this  section,  as  provided 
for  new  buildings.  And  it  shall  be  unlawful  in  any  such  building  to  ob- 
struct tlie  stairs,  jiassages.  or  landings  with  materials  of  any  kind  or  to 
place  any  inflammable  or  combustible  materials  in  the  stair  halls,  jiassages 
or  shafts.      (/?>.,  sec.  0.5;  comj)are  11.  (\.  sec.  148.1 

Sec.  13C.     Stairways  for  hospitals,  asylums,  schools,  halls  and 

assembly  rooms.  — Stairways  for  hospitals,  asylums,  schools,  public  halls. 
and  places  of  assembly,  hereafter  erected  or  altered,  .shall  not  be  less  than 
three  feet  eight  inches  wide,  and  shall  have  no  winding  steps.  They  shall 
have  treads  not  less  than  ten  inches  wide,  and  shall  not  have  risers  of  more 
than  eight  inches  in  height.  Every  building,  such  as  is  mentioned  in  this 
section,  hereafter  erected  or  altered,  shall  have  at  least  two  stairways  lead- 
ing from  the  ground  to  the  top  story,  and  shall  further  have  such  a  number 
of  stairways  that  the  entrance  to  no  room  or  apartment  in  such  building 
shall  be  more  than  one  hundred  feet  from  a  stairway.  {Ih..  sec.  96;  com- 
pare M.  C,  sec.  149.) 

Sec.  137.    Stairways  in  hotols,  lo<lg:inj;-  and  tonomont  houses — 

scuttles,  bulkheads  and  ladders. — Evciy  hotel,  public  boarding  or  lodg- 
ing house  and  every  office  building,  hereafter  erected,  having  more  than 
ten  rooms  above  the  first  story,  or  having  more  than  five  rooms  above  the 
second  story,  when  not  a  building  of  the  first-class,  shall  have  at  least  two 
staii'ways  leading  from  the  ground  to  the  upper  story,  and  every  such  stair- 
way shall  have  the  soffit  jjlastered  or  covered  with  aiq)roved  non-intlannna- 
ble  materials.  And  such  buildings  shall  further  have  such  a  number  of 
stairways  and  so  located  that  the  entrance  to  every  room  in  such  building 
shall  not  be  more  than  one  hundred  feet  from  a  stairway.  When  such 
building  shall  liave  more  than  ten  rooms  above  the  second  story,  then  all 
stair  ])artitious  shall  be  of  api)roved  firejiroof  materials,  and  the  stair 
soffits  shall  be  covered  with  metallic  lathing  and  ])lastered.  or  covered  with 
other  approved  firepioof  materials.  Every  building  not  of  the  first-class 
used  as  a  lodging  or  leiu>ment  house  or  dwelling  where  the  lower  story  is 
occupied  as  a  store  or  stores,  or  for  any  business,  other  than  the  office  of 
such  hotel  or  lodging  house,  shall  have  the  stairways  leading  to  the  base- 
ment and  to  the  second  story  inclosed  with  approved  fireproof  partitions, 
and  the  stair  soffits  covered  with  metallic  lathing  and  plastered,  or  cover- 
ing with  other  approved  fireproof  materials.     Every  hotel,  ])ublic  boarding 


ART.   IV.]  BUIUDING  CODE.  5^3 

ui-  l(Ml},nii};  liKiisf.  and  f\cr.v  (iriict'  liuildiiij;,  wlicii  not  a  Imildiii};  of  llit> 
tiist  class,  shall  liavi-  iiu'tal  cuxi'i-fd  scultli-s  or  bulkheads  leading'  to  tlu'  rod', 
wiih  ladders  or  stall's  loading  tliiMvlci.  and  acccssililc  id  all  U-nants,  and  in 
icadinoss  for  nsc  at  all  linu's.  Tlio  sciittit'  or  hnlklicad  dooi'  shall  not  he 
linked,  but  niav  be  faslened  with  luxiks  on  the  inside,      illi..  sees.  !)7.  171.) 

Sec.  138.  Firo  escap«'s. —  li  shall  he  the  duly  «if  tlKMiwiur,  proprietor, 
lessee  or  keeper  of  e\-er\  hotel.  boardin<;  .uid  lod;;inj;  house,  tenenieni 
house,  seliool  house,  opera  house,  theater,  music  hall,  factory,  office  build 
in;;  :iiid  excry  buildin;;  where  ]ieople  con;;i'e;;ale.  or  which  is  used  as  a 
business  place,  or  for  public  or  pri\ale  assend)la;;e.  which  has  a  hei)j;lil  of 
three  or  more  stories,  to  |iro\ide  said  structure  with  stair  fire  escapes,  at 
lached  to  the  exterior  of  the  building  and  with  staircases  located  in  the 
interior  of  the  buildiii}^.  The  fire  escapes  shall  idinmence  at  the  sill  of  the 
se( Diid  story  window  and  run  three  feet  abo\f  the  upper  window  sill  of  the 
u|pper  story,  with  an  iron  ladder  from  the  up])er  story  to  the  roof.  The  tire 
escape  shall  extend  downw.ird  from  said  second  story  by  means  of  a  sta 
tionary  or  drop  stairway  to  wiiliin  at  least  nine  feet  of  the  ground.  ])ave 
inent  or  sidewalk.  School  buildings,  opera  houses,  theaters  and  church 
buildings,  also  hospitals,  blind  and  lunatic  asylums  and  .seminaries  shall 
each  liave  a  stair  lire  escape.  All  factories,  stores  and  all  places  wherein 
tw(>nty  or  more  women  or  girls  are  employed  or  congregated  above  the  sec- 
ond story  thereof,  shall  have  a  stair  lire  escape  with  a  drop  stair  to  ivach 
from  the  lower  landing  to  the  ground,  of  such  conslruci  ion  as  shall  be  r(( 
quired  by  the  ( 'ommissioner  of  Public  lluildings. 

.Ml  lire  escapes  shall  have  proper  and  safe  balconies  for  each  stor\ 
thereof  surrounded  on  the  sides  with  Jiipe  railings  not  less  than  three  feel 
in  height,  and  inclosed  below  such  failing  with  heavy  wire  netting  or  other 
substantial  enclosure,  .stairways  shall  not  be  steeper  than  an  angle  of 
tiftytive  degrees,  and  shall  be  placed  on  a  blank  wall  where  ])racticable. 
Stairways  and  landings  shall  have  railings  as  re<piired  fof  balconies.  All 
fire  escajies  shall  be  so  located  as  to  alVord  the  gi'eatest  security  to  the  oc- 
cupants of  the  buildings  and  there  shall  be  suitable  oiicuings  in  (>very  story 
of  smh  buildings  so  arranged  as  to  offer  free  and  unobstructed  access  to 
the  tire  escapes.  The  location  of  every  fire  escape  shall  be  designated  by  a 
sign  with  letters  not  less  than  three  inches  in  length  and  bxated  adjacent 
to  such  escapr's  on  each  floor  of  said  building  above  the  first.  The  location 
of  fire  escajies  to  be  attacli(>d  to  any  building  shall  be  determined  by  the 
Commissioner  of  l'id)lic  Muildings.  .\nd  he  shall  have  authority  to  sus- 
pend the  reipiiremeiils  for  lire  escapes  in  the  case  of  any  public  or  jirivate 
school,  where,  in  his  judgment,  such  outside  fire  escape  would  be  a  danger 
ous  exit  for  children.  Provided,  however,  that  all  buildings  of  non  fireproof 
construction  thrtM'  or  more  stories  in  height  used  f(U'  manufacturing  or 
mercantile  jiurjjoses.  hotels,  dormitories,  schools,  seminaries,  hos]iitals  or 
asylums  shall  have  not  less  than  one  fire  escape  for  ev(>ry  fifty  ]iersons  for 
whom  working,  slcejiing  or  living  accommodations  are  jirovided  above  the 
second  story;  and  all  jiublic  halls  which  jirovide  seating  room  above  the 
first  story  shall  have  such  a  number  of  fire  escapes  as  shall  not  be  less 
than  one  fire  escajie  for  every  one  hunib'ed  persons  calcidated  on  the  seat 
ing  cajiacity  of  the  hall,  unless  a  difTerent  number  is  authorized  in  writing 
by  the  Comnnssioner  of  Public  l?uildings. 

^^'henev(>r  a  fire  es<'a])e  attached  to  any  building  shall  lie  found  to  he 
in  an  unsaf(»  condition  it  shall  be  the  duty  of  the  owner,  lessee,  proprietor 
or  keeper  of  s.aid  building  to  frntlnx  illi  rebuild  or  repair  the  same  or  rejdace 
the  s:ime  in  a  safe  condition,  sidijecl  to  the  penalties  of  this  article,  (,/ft.. 
sec.  08;  compare  M.  ('.,  sees.  IHI.  \'.y2.\ 

Kor  flre-osoapt'  roKulntlnn.t  s.-i^  nls.>   lirv.   Pmlc.   kith.    189-191. 


584  REVISED   CODE    OR   GENERAL   ORDIN ANX'ES.  [CHAP   1. 

See.  lo'J.  stand  pipes. — Every  building  of  more  than  four  stories  iu 
height  shall  have  in  eoiiiieetiou  with  every  tire  eseape  ou  sueh  building,  a 
wrought  iron  stand  pipe  three  inches  iu  diameter  with  a  Siamese  hose  con- 
nection at  bottom  and  a  hose  connection  and  valve  at  every  story  and  at 
the  roof;  all  the  connections  for  hose  shall  be  of  the  standard  size  and 
thread  in  use  by  the  8t.  Louis  Fire  Department:  Provided,  however,  that 
this  section  shall  be  held  not  to  api)ly  to  theaters  and  other  buildings  in 
which  stand  pipes  have  been  jjlaced  by  direction  of  the  Commissioner  of 
Public  Buildings  or  his  i)redecessors  in  office.      (lb.,  sec.  99.) 

Sec.  140.  Duty  of  occupants  of  buildinjfs  to  keep  stair- 
^vays  and  fire  escapes  free  from  obstructions  —  penalty 
for  violation.  —  It  shall  Im-  the  duty  of  every  manager  or  occu- 
pant or  tenant  or  lessee  of  every  building  required  by  this  or- 
dinance to  have  fire  escapes  or  to  have  stair  tvays  as  provided  in  sections 
135,  13C,  137  and  138  of  this  article,  to  keep  such  stairways  and  fire  escapes 
and  the  landings  and  passages  thereto  at  all  times  free  from  obstructions 
of  all  kinds,  and  it  shall  be  unlawful  to  place  any  obstruction  on  any  such 
stairway  or  fire  escape,  or  its  landing  and  passages,  or  to  place  therein  any 
inflammable  material  of  any  kind,  or  to  cause  or  permit  any  such  obstruc- 
tions or  materials  to  be  placed  as  aforesaid.  Any  person,  firm  or  corpora- 
tion who  shall  violate  any  jtrovision  of  this  article  shall  be  deemed  guilty 
of  a  misdemeanor,  and.  upon  convictiim,  shall,  except  in  such  cases  where 
other  jienalties  are  provided,  be  fined  not  less  than  five  dollars,  nor  more 
than  five  hundred  dollars.      [Ih..  sec.  100.) 

Sec.  141 .  Fire-proof  doors  and  shutters. — Every  building  more  than 
three  stories  in  height,  above  the  basement,  occupied  for  manufacturing  or 
mercantile  purposes,  shall  have  fire  do()rs.  blinds  or  shutters  hung  to  iron 
hinge  eyes  or  pin  blocks  built  into  the  wall  on  every  window  and  every  open- 
ing above  the  first  story  thereof,  excei)ting  on  openings  of  buildings  front- 
ing on  streets  or  vacant  lots  which  are  more  than  forty  feet  in  width ;  said 
doors,  blinds  or  shutters  shall  be  standard;  constructed  of  pine  or  other 
soft  wood  of  two  thicknesses  of  nuitched  lioards  at  right  angles  with  each 
other  and  securely  fastened  and  covered  with  tin  or  galvanized  iron  on  both 
sides  and  edges,  with  folding  lapped  joints;  the  nails  for  fastening  the  same 
shall  be  driven  inside  the  lap.  The  hinges  and  bolts  or  latches  shall  be 
secured  or  fastened  to  the  door  or  shutter  by  bolting  after  the  same  has 
been  covered,  and  such  door  or  shutter  shall  be  hung  independent  of  the 
woodwork  of  the  windows  and  doors  and  be  of  sufficient  area  to  lap  two 
inches  all  around  such  opening.  Sliding  shutters  of  the  above  construction 
may  be  used  instead  of  hinged  shuttei's.  of  such  mechanism  as  may  be  ap- 
proved by  the  Commissioner  of  Public  Puildings.  They  shall  in  any  case 
comply  with  all  recjuirements  provided  for  standard  hinged  tire  shutters. 
In  lieu  of  standard  fire  doors  and  shutters  wherever  mentioned  in  this  arti- 
cle, approved  metal  frames  of  adequate  strength,  with  wire  glass  panels  in 
same,  may  be  used.  It  shall  be  the  duty  of  the  Commissioner  of  Public 
Buildings  to  require  fire  doors,  blinds  or  shutters,  as  provided  in  this  sec- 
tion, to  be  j)laced  on  the  openings  of  buildings  in  cases  where  lots  which 
wej*e  vacant  when  the  buildings  were  constructed  are  built  upon,  so  that 
said  ojieiiiuus  become  within  foi-Iy  feet  from  any  building,  t  fh..  sec.  101; 
compare  M.^C.  sec.  193.) 

1  Above  sec.  amendeil  after  passage  ot  liev.  r.  by  oril.  Wisi,  appr.  Aug.  19,  1907.) 

Sec.  142.  Shutters  to  he  opened  from  outside. — All  .^butters above 
the  first  storv  of  am   building  shall  be  so  arranged  that  tlicy  can  be  readily 


AltT.   IV.]  RVILDING  CODIC.  585 

(i|iciii'(l  rfiiiii  ilic  oiiisidi'  Ipv  lirciiicii.  All  loiliiiu  iron  (ir  siccl  sliiiiifrs  liere- 
iillci'  (ilactMl  uii  llif  lirst  storv  of  any  Iniildiii;;  shall  be  coimtcrlialaiHed,  so 
llial  saiil  iDlliiiji  shulicrs  nia.v  lie  readily  <i|icin'd  liy  tlic  tirciiuMi.  [Jli..  sec. 
IdL';  ((urcsiioiids  M.  ('.,  scr.  194.) 

See.  141).  Iiisi(l«'  llrt'  doors. — Where  openings  in  iiiterii)i-  brick  walls 
are  re(|iiired  to  Ih'  litled  w  illi  lire  dciors  to  prevent  llie  spread  of  tire  between 
buildinjis,  or  i)iirts  of  any  bnildin^s,  the  said  lire  doors  shall  be  made  of 
wood  coveied  with  tin  or  jialvanized  iron,  as  described  for  standard  fire 
doors  and  slnitlers.  (Section  Ml.  this  article. )  (/6..  sec.  ItC? ;  eori-es|ionds 
M.  ('..  sec.  I'.IC. ) 

Sec.  144.  Doors  iiutl  sliutlors  to  1m»  cIosimI  at  iilfjlit.  — Occnjiants 
of  all  bnildinj;s  provided  with  lire  doors  and  shntlers  shall  close  the  .said 
fire  doors  and  shutters  at  the  close  of  bnsiness  each  day.  i //<..  sec.  104; 
cori'i'sponfis  M.  O.,  sec.  lit").) 

Sec.  14o.  Sewer  roiiiioctioiis. — In  all  Imildinjrs  now  erected,  or  liere- 
after  to  be  erected  in  the  City  of  St.  I.onis.  used  or  intended  to  be  used  for 
mercantile  oi'  mannl'actniinu  pui-poses,  and  located  where  a  sewer  connec- 
tion can  be  made,  there  shall  be  in  the  basement  or  cellar  a  sewer  connec- 
tion, which  can  be  opened  immediately  for  the  purpo.se  of  draiiiajte  in  ca.se 
the  building  or  any  of  the  tloors  or  basement  or  cellar  thereof  shall  l)e 
flooded  from  any  cause,  and  the  location  of  such  sewer  connection  shall  be 
indicated  by  a  pei-nianenr  and  (onspicuous  sij;n  ni-ar  the  ceilini;  or  on  the 
wall  near  the  same,  and  such  si;;ii  shall  never  be  hidden  or  obstructed,  but 
shall  always  be  in  plain,  open  \iew.  •//*..  sec.  l()."i;  cori'es|ion(ls  M.  <".,  sec. 
17!).  I 

See  as  to  sewer  connections  Rev.  C.  sees.   S9S,   179S.   2:n-i. 

See.  146.  Fire  plaees,  clninneys  and  Hues. — All  fire  i)laces,  flues  and 
chimneys  in  any  Imildinj;  hereafter  built,  and  all  chimneys  or  flues  h(>re- 
aflei-  altered  or  repaired,  without  reference  to  the  purjioses  for  which  they 
may  be  used,  whether  for  ;;as  or  other  fuel,  shall  have  the  ](oints  struck 
smooth  on  tlu'  inside.  The  brick  walls  iiiclosin};  all  chiinnev  shafts  used 
for  furnaces,  heatiuf;  boilers,  bakers'  ovens,  large  cookint;  ran};es  and  heat- 
ing furnaces,  and  all  flues  used  for  similar  purposes,  shall  be  at  least  nine 
inches  in  tliickness;  or  there  shall  be  a  cast  iron  or  fire  clay  pipe  built  in- 
side of  the  tine,  in  whiih  case  the  brick  work  surronndini:  such  pipes  may 
be  four  inches  in  thickness.  .VU  chimneys  containing  ordinary  tines  shall 
be  built  to  a  height  of  at  least  four  feet  above  the  roof  covering.  .Ml  smoke 
tines  of  smelting  furnaces,  or  of  steam  boilers  or  other  appar.atus,  which 
heat  the  (lues  to  a  high  temjierature,  shall  be  buili  wiili  double  walls,  with 
an  air  sjiace  between  them,  the  inside  four  inches  to  be  of  fire  brick  or  fire 
clay  slal)s  or  blocks  laid  in  fire  clay  mortar  to  a  heigiit  of  twenty-five  feet 
from  the  bottom.  Smoke  stacks  built,  entirely  of  steel,  cast  or  wrought 
iron,  may  be  erected  for  any  of  the  above  uses,  provided  they  are  elTectnally 
inclosed  in  masoni'y  or  tireju-oof  shafts,  in  such  a  manner  as  to  remler  the 
building  safe  against  damage  by  lire,  i //*..  sec.  11)1!;  cori'esponds  M.  C 
sec.  180.) 

Sec.  147.  Chimneys  and  Hues  to  he  huill  liow. — All  chimneys 
and  flues  in  buildings  of  ihe  tonrili  cl.iss,  or  deiailied  from  the  brick  walls 
of  buildings  of  the  second  or  tliird  class,  shall  be  built  of  brick  with  sur 
rounding  walls  not  les.s  tlian  nine  inches  thick,  unless  there  be  tine  linings 
as  iK'fore  specified  in  section  14»>  in  which  case  such  chimneys  and  flues 
mav  t)e  built    with    four  inch   walls.      ilh..  sec.   107.) 


y8(i  REVISED    CODE    OR    GEN'KKAL   ( JRDINANX'ES.  ICHAP    1. 

Hec.  148.  Supports  for  ehiniiieys— unsafe  chimneys. — Norhimm y 
sliiill  lie  suj)i)urte(l  ur  built  ujioii  ;iii_v  Hour  or  beam  of  wood.  In  no  case 
sliall  a  chimney  be  corbeled  on(  iiioic^  tlian  nine  inches  from  the  wall,  and  in 
all  cases  the  corbelini^  shall  consist  of  at  least  five  couises  of  brick  or  stone 
coi-beling  of  ecjual  heijjilit.  Where  chimneys  are  supported  by  piers,  the 
piers  shall  start  from  the  foundation  on  the  same  line  with  the  chimney 
breast,  and  shall  not  be  less  than  thirteen  inches  on  the  face  and  properly 
bonded  into  the  wall.  No  chimney  shall  be  cut  off  below,  in  whole  or  in 
[)art.  and  sui>ported  by  wood,  but  shall  be  wholly  sujtported  by  stone,  brick 
or  iron.  All  chimneys  which  sh.ill  be  daniici-ous.  in  any  manner  whatever, 
shall  be  repaired  and  made  sale,  or  taken  down.  iJb..  sec.  108;  corresj)onds 
M.  C,  sec.  181.) 

See.  149.  Fire  places,  liearths. — All  fire  places,  whether  for  gas  or 
other  fuel,  shall  have  fire  backs  and  jambs  of  brick  work  not  less  than  nine 
inches  in  thickness,  and  shall  ha\e  hearths  not  less  than  twenty  inches  wide 
from  the  face  of  the  breast,  and  extending  the  full  length  of  the  chimney 
breast,  laid  ujion  trimmer  arches  of  brick,  stone,  tile  or  concrete,  turned  in 
such  a  manner  as  to  be  self-supporting.  The  centering  must  be  removed 
upon  completion  of  the  arch  and  before  plastering,  and  no  wooden  center 
ing  or  supjMU't  shall  be  allowed  to  remain  below  and  in  contact  with  any 
trimmer  arch  or  hearth.      (/&..  sec.  Kl'.t.i 

8ec.  lot).  Installinjf  of  boilers,  furnaces  and  ovens. — No  steam 
boiler  or  heating  boiler,  or  heating  furnace,  or  smelting  furmice  or  forge  or 
baking  oven  or  roasting  oven  or  like  apjiaratus.  whereby  the  danger  from 
fire  is  increased,  shall  hereafter  be  installed  or  erected  or  used  in  any  build- 
ing; nor  shall  any  such  stove,  range,  oven  or  heating  appai-atus,  as  is  men- 
tioned in  section  151  of  this  article,  be  installed,  or  erected,  or  used,  until  a 
permit  so  to  do  from  the  Commissioner  of  Public  Buildings  has  been  issued 
and  the  fees  required  by  section  51  have  been  jiaid.  Provided  that  ordinary 
cooking  and  heating  stoves  in  dwellings  or  other  buildings  wherein  not  more 
than  fifty  jiersons  are  lodged  or  assembled  or  emiiloyed.  may  be  installed  and 
used  withcuit  such  permission  from  the  <'ommissioner  of  Pul)lic  Buildings. 
All  such  ajijiaratus  shall  be  so  installed  as  to  conform  to  all  the  require- 
ments of  this  article,  and  it  is  hereliy  made  the  duty  of  the  owner,  manager, 
lessee,  tenant,  or  agent  of  every  building  to  comply  with  the  requirements 
of  this  article  in  the  erection  and  installation  of  such  boilers,  furnaces, 
ovens,  ranges,  and  like  apparatus.  In  all  buildings,  the  floors  under  and 
around  all  boilers,  hot  water  heaters,  heating  fuT-naces.  ovens,  coffee  roast- 
ers, or  other  ai)paratus.  in  which  fires  are  maintain(><l.  shall  be  non-combusti- 
ble or  jirotected  by  a  covering  of  brick  or  conci-ete  not  less  than  four  inches 
in  thickness,  and  extending  not  less  than  ten  feet  in  front,  and  at  least  four 
feet  on  all  other  sides.  On  to]i  of  this  fiieproof  covering  shall  be  ]»lac(>d  a 
ventilated  hollow  brick  or  tile  foundation,  tipon  which  shall  be  set  such  low 
pressure  boilers,  hot  water  heaters,  heating  f\irnace,  oven,  coflFee  roaster  or 
other  structures  in  which  fires  are  maintained.  The  space  between  the  sides 
of  any  low  j)ressure  boiler,  hot  water  heater,  heating  furnace,  oven,  stove 
or  otiier  ai)paratus  in  which  fires  are  maintained,  and  any  woodwork  or 
wooden  constinct ion  shall  not  be  less  than  five  feet,  unless  all  such  wood- 
work be  ])i-otected  by  metal  shields,  or  other  fire]>i'oof  materials;  and  then 
such  space  shall  not  be  less  than  eighteen  inches,  and  no  woodwork  shall  be 
within  eight  feet  of  any  furnace  door  of  such  apparatus  unless  similarly 
protected.  The  space  between  any  such  apparatus  and  any  wooden  ceiliuji 
or  wooden  ceiling  beam  shall  not  be  less  than  five  feet,  unless  such  wood- 
work be  pi'oterfed  by  metal  shields  or  other  fii'cproof  materials  extending 


ART.   IV.  I  BUILDING  CODE.  -,K7 

at  least  I'i-ilitccii  iiulic.'i  in  all  direrlioiis  beyond  tlie  sides  of  such  a])i>aratus; 
and  if  the  space  lietweeii  smli  ceilinj;  and  snch  a]i|iai'aliis  he  less  tlian  two 
fwt,  then  swell  shield  m-  jiroteetion  siiall  he  doiihle  anil  he  sejiaraled  h_v 
metal  furrinjis  with  an  air  sjiace  of  al  least  two  inches  helween  such  cover- 
in;;s.  hut  in  no  ease  shall  it  he  jx'i-niissihie  for  any  such  aiiparat  lis  lo  ho 
nearer  to  any  wooden  ceilinf;  or  wooden  ceilinj;  lH>ani  than  one  foot.  No 
steam  holler,  or  healinj;  holler,  or  heal  in;;  fni-iiace.  or  forp',  or  a)i])ai'atus. 
wlierehy  the  dan;;er  from  tire  is  increased,  shall  luM'eafter  he  used  in  any 
hiiildin;;  until  the  same  has  heen  examined  and  a|i|)roved  hy  I  he  ("ommis- 
sioner  o(  I'uhlic  Huildinus.  \\  lui  shall  then  issue  a  ])ermit  foi-  ilii'  ii.se  of  such 
apjiaratns.  and  his  cerliticale  that  it  conforms  to  the  reiiniremeiits  of  this 
article.  n|>on  the  payment  of  the  fees  re(niired  in  sections  ."il  and  ij."!  of  this 
article.      (//<..  sec.  lid:  ciiiii|i.irc  .\l.  ( ',,  sec.  1S7.) 

Sec.  l.jl.     Stovo.s,  raiijfes  aiul  ash  boxes Where  stoves  or  ranges 

are  set  njion  comhustihle  tloors.  except  in  dwellin^i  houses  as  mentioned  in 
section  \T>2.  they  shall  he  so  set  as  to  leave  an  air  sjiace  of  not  less  than  four 
inches  hetween  them  and  the  floor,  and  the  llooi-  shall  he  iirolected  hy  sheet 
metal  exteiidiiiu;  three  feet  in  front  and  one  foot  on  all  olher  sides.  The 
space  hetweeii  the  sides  of  any  such  stoves  or  randies  and  any  woodwork 
or  wooden  construction  shall  :iol  he  less  than  four  feet  unless  all  such  wood- 
work be  protected  by  metal  sliields  or  other  lireproof  material  :  and  then 
such  space  shall  not  l)e  less  than  eighteen  inches.  Metal  or  non  combustible 
ash  boxes,  raised  otf  the  lioor,  must  be  provided  wiiere  ashes  are  ke])t  in  a 
biiildini;.  No  stove,  range,  oven  or  heating  a]i])aralus  shall  he  used  in  any 
hotel,  theater,  hospital,  school,  hall  or  otiier  building  in  which  more  thai; 
fifty  persons  are  lodged  or  asst'iiibled  or  emiiloyed  until  the  same  shall  be 
examined  and  approved  tiy  the  Commissioner  of  I'uhlic  Uuildings.  who  shall 
then  issue  a  permit  for  the  use  of  such  stove,  oven  or  heating  api)aratus  and 
his  certificate  tliat  it  conforms  to  the  requirements  of  tliis  article,  upon  the 
payment  of  the  fee  recpiired  in  section  Tii  of  this  article.  {Ih.,  sec.  Ill; 
compare  M.  C.  sec.  189.) 

S.'c.  l.'c'.  Settiny:  of  stoves  aiul  rangres. — Every  stove  or  range  or 
otlier  apparatus  in  which  tires  are  mainiained.  exce])ting  such  as  ;u'e  ])ro- 
vi(h'd  for  in  sections  1.")!)  and  \~A  of  this  article,  when  set  upon  combustible 
tloors.  shall  have  the  floors  umhM-  them  protected  with  sheet  metal  extending 
two  feet  in  front  of  and  one  foot  on  all  other  sides  of  same.  The  S|)ace  be- 
tween the  sides  of  any  such  stoves  or  ranges  and  any  woodwork  or  wooden 
constriK'tion  shall  not  be  less  than  three  feet,  unless  all  such  woodwork  be 
protected  by  metal  shields  or  otliei'  tire|)roof  materials:  and  then  such  si)ace 
shall  not  be  less  than  eigiiieen  inches.  It  shall  be  the  duty  of  every  owner 
of  every  such  stove  or  range,  as  is  mentioned  in  this  .section,  to  cause  the 
same  to  conform  in  everv  p;irticiilar  with  the  i-eqiiiremeiits  of  this  section. 
I  III.,  sec.  111'.  I 

Sec.  I.'i:!.  Smoke  pipt's,  hot  aii"  pijx's  and  rejjisters  aiul 
steam  pip<>s. — No  smoke  |)ipe  shall  extend  through  any  external  wall  un- 
less connected  with  a  flue,  chimney,  or  stack,  luiilt  as  recpiired  l)y  this  article. 
No  smoke  idpe  shall  j)ass  lliroiigli  any  window,  door,  floor,  roof  or  partition 
constructed  of  comliustible  materials,  unless  there  be  a  space  of  at  least 
eighteen  indies  between  such  smoke  pij'e  and  siicli  combustible  material; 
or  such  smoke  pij«'  may  be  siirroiimied  by  a  double  metal  thimble  of  suf- 
ficient lengtli  lo  extend  completely  through  sui-h  win(h)W.  door,  floor,  roof 
or  partition  and  having  a  ventilated  air  s|>ace  of  not  less  tlian  four  inches 
around    the  pipe,   but    such   air  space  shall   not    lie   less   than   one  third   the 


588  KEVISED    CODE    OR    GENERAL   ORDINANCES.  [CHAP   1. 

(liiinu'tt'i-  ol'  the  j'ipe.  Xo  smoke  ]ii]ic  sluill  lie  placed  nearer  than  eijfhteen 
iiu-hes  to  any  conihiistihle  niaterial,  nnh-ss  such  combustible  material  be 
protected  by  a  coatiuj;  of  plaster  on  metal  lath,  or  by  a  metal  shield  two 
inches  distant  from  such  combustible  material,  in  which  ciise  the  smoke 
jiipe  shall  not  be  placed  nearer  than  nine  inches  to  such  combustible  ma- 
terial. No  smoke  pijie  having  a  greater  diameter  than  nine  inches  shall 
be  placed  nearer  than  twice  its  diameter  to  any  combustible  material,  un- 
less such  material  l)e  jirotected  as  aforesaid,  and  when  so  ])rotected  shall 
not  be  placed  nearer  thereto  than  three  fourths  of  its  diameter,  unless  by 
written  j)ermissiou  of  the  Commissioner  of  Public  lUiildings.  All  smoke 
pipes  shall  be  put  together  with  rivets,  bolts  or  ajjproved  lock  joints,  and 
must  be  maintained  in  good  order.  Ail  i)ii)es  for  the  distribution  of  hot 
air  shall  l)e  of  metal  or  non-combustible  material,  and  when  vertical  jiipes 
are  iiu-losed  in  partitions  or  any  covering  of  combustible  materials,  such 
pipes  shall  be  doul)le.  with  an  air  space  of  at  least  one-half  inch  between 
the  inner  and  outer  ]iipes  and  between  the  outer  ]>i])e  and  any  woodwork 
or  combustible  niaterial;  or,  if  smh  pi])es  are  single,  then  they  shall  be 
covered  with  asbestos  j)a]ier  of  not  less  than  two-ply  in  thickness,  or  with 
other  approved  material  of  equal  non-conducting  and  non-combustible  (jual- 
ity.  and  be  kept  at  least  two  inches  away  from  all  woodwork  or  combustible 
material  unless  such  woodwork  be  tinned,  and  then  they  shall  be  kept  not 
less  than  one  inch  away  from  such  woodwork  or  combustible  materials. 
Horizontal  hot  air  ]ii]ies  shall  be  ke])t  at  least  six  inches  away  from  all 
woodwork  or  combustible  nmterial.  unless  the  same  be  protected  by  metal 
shields  or  by  jdaster.  and  then  they  shall  not  be  nearer  than  two  inches  to 
such  woodwork  or  combustible  matt'rials.  and  where  such  horizoutal  pipes 
are  concealed  or  surrounded  by  woodwork  or  other  combustible  material,  in 
the  same  manner  as  is  herein  reipiired  for  vertical  jiijies.  All  hot  air  regis- 
ters when  placed  in  a  floor  next  above  a  fnrnace  or  other  heater  shall  be 
set  in  apjiroved  non-combustible  borders  not  less  than  two  iiu-hes  in  width, 
and  shall  have  an  air  space  of  at  least  two  inches  on  all  sides  and  bottom 
of  register  box.  All  register  boxes  shall  have  a  sejiaration  from  all  wood- 
work or  combustible  material.  iM|nal  to  that  herein  ie(iuired  for  concealed 
hot  air  pipes.  No  wooden  lathing  shall  be  placed  in  front  of  or  over  auy 
hot  air  ])ipe.  No  steam  jiijie  m-  steam  return  ]ii]ie  or  liot  water  jiijie  shall 
be  ]ilaced  neater  than  one  iiiih  to  any  woodwork  or  combustible  material, 
unless  the  same  be  ]irotected  by  metal  shields,  and  then  they  shall  not  lie 
placed  nearer  thereto  than  one-hall' inch.  iJb..  sec.  llo;  compare  M.  C.  sec. 
ISS.) 

Sec.  l.")f .  Penalty. — It  shall  lir  tilt'  duty  of  the  owuer  or  user  of  every 
ajiparalus  of  the  kinds  described  in  sections  l.'jO.  1.51.  I.j2  and  1-5:?  of  this 
article,  to  cause  the  same  and  its  aiiimrtenances  to  be  kept  in  a  ct)ndition 
lo  coinidy  with  all  of  the  ])rovisions  of  this  article  relating  thereto.  lOvery 
jiersou  who  shall  maintain,  or  use.  or  cau.se  to  be  maintained  or  used,  any 
such  ajijiaratus  as  is  described  in  .sections  ITiO,  151,  \')'2  and  153,  in  viola- 
lion  of  this  article,  or  who  shall  maintain  or  use  auy  such  apparatus  in  a 
condition  to  endanger  life  or  ])roi)erty.  shall,  upon  convictiou.  be  deemed 
guilty  of  a  niisdeineanor  and  lined  n<)t  less  than  five  dollars  n(U'  more  than 
five  hundred  dollars  for  eaih  olVense.      {Hi.,  sec.  114.) 

Sec.  1.1.').  Hoilor  I'ooiiis,  coal  or  fuel  rooms. —  Ail  high  i)ressure 
steam  boilers,  herealter  lo  be  jdaced  in  any  building  (except  when  in  sep- 
arale  brick' boiler  house  I .  shall  be  ]daced  in  a  fire])roof  room,  the  walls  of 
v.hich  shall  be  constructed  of  brick,  stone  or  concrete,  of  not  less  than  thir- 
teen iu<lies  in  thickness,  and  all  o|ienings  into  siu-h  firejiroof  room  shall  be- 


ART.  IV.]  BIMUDING  CODE.  5y9 

[)rn\iilk'(i  Willi  si;iii(l:iril  lire  |ii mil  iloiirs.  'riii'  (■(•lliiiji  (ir  lluor  (i\cr  ;ili  .siicli 
hoilci'  rodins  and  llic  cciliiiji  or  lloor  tivor  all  siicli  coal  or  rue!  rooms  in  suili 
lniililiii«;s,  .shall  lie  coiisiriulcd  of  coiiiTetc  or  masonry.  sni)|iorlt'<l  npoii  iron 
or  .steel  IxMni.s  or  masonry  artlios.  lOvcry  lioilcr  room  when  liclow  ground. 
or  when  uiuler  any  .sulewalU.  shall  have  stationary  iron  huhler.s  or  slairs 
leadiug  directly  to  a  man  hole  or  otlier  ojieniii<;  to  the  outside,  or  other 
aih'iniate  means  of  (»\'it.  which  sliall  be  a])|iroved  liy  the  ("onimissionei'  of 
i'lililic  l!iiildini;s.      {Ih..  sec.   11.";  compare  .M.  <"..  .sec.  IS.S.i 

See.  l.")(i.  ISoik'r  Iiousom. — .Ml  Imildinus  hereal'icr  to  lie  creeled  for 
boiler  houses,  unless  entirely  of  lirejirool'  eonslruetion.  sliall  have  walls  of 
eitiier  liricU  or  stone  of  thickness  as  re(iuired  hy  sections  Sd  and  Uti  of  this 
jirtieie.  and  .shall  Iw  so  eon-structed  that  a  clear  si)ace  of  at  least  eijiht  feet 
.sliall  exist  between  any  jiart  of  the  boiler  and  the  root,  ceiling',  or  other 
woodwork,     i /?»..  sec.  tlfi;  com])are  M.  C,  sec.  ISl.) 

See.  I'lT.  ('u|i4>l:i  <'liiiun('>s.  <'ii|iol,'i  rurnaees  lor  loundries  shall 
have  chimneys  extending!;  at  least  ten  feel  aliove  llie  hiuhesl  point  of  any 
roof  within  a  radius  of  forty  f(»et  of  such  ciijiola.  and  shall  1»'  ])rovided  with 
an  api)roved  sjiark  arrester,     i //)..  sec.  IT:  compare  M.  < '.,  see.  ISd.i 

See.  I'jS.  Ii(>i<rht  <)l"  siiioko  stacks  and  clnmiicys. The  tops  of 
all  smoke  slacks  and  chimneys,  hereafter  creeled,  shall  lie  carried  above 
the  roofs  of  surroiindini;  buildinjis  so  as  to  ]irotect  them  from  smoke,  yases 
and  fumes:  and  they  shall  have  ;iiiiiro\cd  sjiark  arresters  when  necessary 
(o  prevent  the  escajie  of  sjiarks.  The  heij:hls  of  such  smoke  stacks  and 
chimneys  shall  not  be  less  than  here  iii\('ii.  towit  :  Smoke  sracks  and  chim- 
neys havin<;  a  .sectional  area  of  one  hundred  sipiare  inches  or  less  shall  ex- 
tend at  least  four  feet  above  the  top  of  every  buildinj;  within  twenty  feet 
thereof:  smoke  stacks  and  chinnieys  bavin*;  a  s(»ctional  area  of  more  than 
one  hundred  sipiare  inches  and  less  than  three  hundred  ami  eJLchty  sipiare 
inchi's.  shall  extend  at  least  eiliht  feet  aliove  the  lo]i  of  every  buildinji  within 
one  hundred  feel  thereof;  smoke  stai-ks  and  chimneys  ha\inj;'  a  sectional  area 
of  more  than  three  hundred  and  eighty  sipiare  inches,  shall  exteml  at  least 
twelve  feet  above  the  top  of  every  buildinj;  within  two  hundred  feet  thereof. 
ilh..  .sec.   IIS;  compare  .M.  ( "..  185.) 

See.  l.')'.i.  Itiiil(iiii<;  ('oininissioiicr  may  enter  jirtMnises  ami 
raise  smoke  slacks  and  cliinnu-ys.  The  t'onimissioner  of  I'ublic 
i;uildinj:s  is  herelix  .inihoriy.ed  lo  eiiier  upon  any  |iremises  whereon  any 
smoke  sfai-k  or  chimney,  erected  jirior  to  the  iiassaiJie  of  this  ordinance,  shall 
bi-  maintained  of  a  less  heif;ht  tlian  |)ro\ided  in  the  precedinj;  section,  and 
I'aise  such  smoke  stack  or  chimney  to  a  lieifjlit  to  conform  to  the  re(iuire- 
niiMits  of  section  ].~S.  It  shall  be  the  duty  of  every  owner  or  oeetipant  of 
every  such  premises  to  jiermit  said  Commissioner  to  enter  upon  such  ]irem- 
ises  for  the  purjioses  aforesaid,     ilh..  sec.   ll'.l.i 

See.  lliO.  Penalty.  —  lOvery  person  who  shall  maintain  or  use  any 
smoke  stack  or  chimney  erected  after  the  passa^'e  of  this  ordinance,  in  viola- 
lion  of  the  ]U-ovisions  of  section  l.'iS.  oi-  any  iierson  who  shall  refuse  to  ad- 
mit the  < 'lunmissiinier  of  I'liblic  l{uildini;s  or  his  aj;ents  to  any  premises 
for  the  jMirpose  of  raisiii<;  any  smoke  slack  or  chimney  maintained  thereon, 
as  provided  in  section  l."!l  hereof,  shall,  upon  conviction,  be  deemed  •jnilty 
of  a  misdemeanor  and  Ik-  lined  not  less  than  live  dtdlars  nor  more  than  live 
linndred  dollars  for  eaih  oll'ense.  and  every  day  whereon  such  violation 
shall  exist  or  such  .-idmission  be  i-efused  the  <  "onimissioner  of  I'ublic  llnild- 
inus.  shall  constitute  a   separate  olTeli.se.      (//)..  sec.   iL'd.i 


REVISED   CODE   OR   GENERAL   ORDINANCES.  [CHAP    1. 

See.  Kil.     Gas,   wlien    turned    on,   to   be   kept   burning No 

person  shall  in  any  buildinj;  in  this  city  turn  on  the  gas,  or  cause  or  suffer 
the  same  to  be  turned  on,  or  escajte  from  the  gas  pipe  in  such  building,  un 
less  such  gas  be  lighted  at  once,  and  kept  burning  until  properly  turned  ort'. 
(Jh.,  sec.  1:21;  corresponds  to  M.  C,  sec.  G3.) 

Sec.  1()2.  Gas  Fixtures. — All  gas  lights  shall  be  placed  at  least  three 
feet  below  any  ceiling  or  exposed  woodwork,  unless  the  same  be  properly 
protected  by  a  metal  shield  susjiended  at  least  one  inch  below  ceiling  or 
woodwork,  in  which  cases  the  distance  shall  not  be  less  than  eighteiMi 
inches,  and  all  gas  fixtures  or  devices  for  the  use  of  gas  shall  be  so  lo- 
cated and  ])rotected  that  the  use  thereof  cannot  ignite  any  combustible  ma- 
terials. Every  bed  room  in  every  lodging  house,  hereafter  erected,  in  which 
there  are  gas  fixtures  or  devices,  or  outlets  for  the  attachment  of  such  gas 
fixtures  or  devices,  shall  have  ventilating  openings  at  or  near  the  ceiling, 
which  ojiening  shall  have  an  unobstructed  area  of  not  less  than  one  hun- 
dred sipiare  inches,  and  such  greatei-  ai-ea  as  shall  be  determined  by  the 
Commissioner  of  Public  I'.uildings.  These  veiitilatiug  openings  shall  open 
into  the  public  corridors  of  such  house;  and  it  shall  be  the  duty  of  every 
keeper  or  j>roprietor  of  every  public  lodging  house  to  see  that  the  ventilating 
openings  required  by  this  section  are  kept  open  and  unobstructed.  All 
buildings  hereafter  altered,  or  converted  to  be  used  as  lodging  houses,  shall 
be  made  to  conform  to  the  requirements  of  this  section.  It  shall  be  the  duty 
of  the  o«ner  or  keejier  or  iiroj)rietor  of  every  lodging  house  now  in  the  City 
of  St.  Louis  to  cause  such  lodging  house  to  conform  to  the  rerpiirements  of 
this  section  within  six  months  after  the  i>assage  of  this  ordinance,  ilh.. 
sec.  122;  compare  ^M.  C..  sec.  20.'?.) 

See.  l():i.  Gas  pipes  and  fixtures  to  be  kept  in  order— 
upon  ^vllonl  duty  rests. — It  shall  be  the  duty  of  the  owner  or  lessee 
of  every  building  wherein  gas  i)ipes  an*  installed,  to  maintain  such  pipes 
in  a  state  of  good  rejtair  and  keep  them  tight,  and  to  immediately  re])air  or 
make  light  any  defective  or  leaking  gas  pi]ies  U]ion  notice  from  the  Com- 
missionei-  of  l'ul)lic  Uuildings.  It  shall  be  the  duty  of  every  occui>ant  of  a 
building  who  uses  gas.  whether  he  be  owner,  lessee  or  tenant,  to  mainiain 
all  gas  fixtures,  gas  stoves,  gas  heatei's  or  other  devices  for  the  use  of  gas. 
in  a  stale  of  good  rejtair  and  kee])  them  tight;  and  to  immediately  repair  or 
make  tight  any  defective  oi-  leaking  fixture  or  device  upon  notice  from  the 
Commissioner  of  Public  Buildings.  It  shall  be  the  duty  of  every  coiii])any  or 
l)erson  supplying  gas  to  any  Imilding  when  notitied  by  the  Conimissionci-  of 
I'ublic  ISuihliiigs  of  any  l(>aking  oi'  defective  gas  \>\]h'  ov  gas  tixtuie  or  device 
in  any  building,  to  immediately  shut  olf  the  gas  su])i)ly  to  such  building. 
and  not  to  turn  on  or  sujiply  gas  again  to  such  Itnilding  until  such  defec- 
tive gas  jiijie  or  fixture  shall  have  been  repaired  and  made  tight,     ill).,  sec. 

comiare  M.  C..  2li:?.) 


.)•) . 


See.  Kil.     Hateliways  or  well  lioles  to  be  barred  or  inelosed. 

— Every  hoistway.  hatchway,  stairway,  or  well  hole  in  every  building,  shall 
hereafter  be  securely  guarded  by  means  of  proper  gates,  railings  or  guards, 
or  othei-  inclosures.  which  may  be  a])i)roved  by  the  Commissioner  of  Public 
Puildings.  Such  guaids  or  railings  shall  not  be  less  than  three  feet  in 
height  nor  more  than  one  foot  above  the  floor,  and  shall  b.e  so  constructed 
as  to  effectually  prevent  persons  from  falling  into  such  hoistways.  hatch 
ways,  stairways,  or  well  holes.  The  owners,  lessees,  or  occu]>anfs  of  any 
building  in  the  City  of  St.  Louis,  in  which  hatchways  or  well  holes  exist. 
or  shall    hereafter   be   constructed,   shall    cause   the   same   to   be   etfeet\ially 


AHT.  IV.  I  nrii.niNr,  CODR,  ,-,91 

ImiTcd  or  incloHcd.  ;is  (ii'(i\  idcil  in  si'ilimis  HI".  KIS.  |(;'.i  nml  1 7(1  oi'  ihis 
;irticli'.  for  llic  [d-i'vciil  inn  of  iicculciils  I  ln'rcrroiii.  i //;..  Sfc.  IL'4;  see  .M.  ( "., 
socs.   I-J.  I!)7. 1 

Set-.  l(i.'),  Saiue— iiotici'.  It  sliall  Uv  ilic  (lui\  ui  tlu'  ('oiiiiiii.s.si()U('r 
of  I'lihlii-  j:uil(]iii};s  to  notifv  such  persons  nientioiicd  in  the  preceding  sec- 
tion who  liavc  hiiltiiwa.vs  or  well  lu)i('s  in  (lieir  bnildinffs.  to  liave  the  same 
liro|K'i-l_v  gnardi'd  or  inclosed,      tilt..  .s»'c.  llTi;  coinpai-e  M.  ('.,  sees.  4:?.  1!)S.^ 

Sec.  166.     Same — pcnaKy.  If  an\    |icrson   nicnlioiicd   in  scciion 

lt>4  sliall  fail,  nejilect  or  refii.se  to  coniiily  with  notice  aforesaid  for  the 
period  of  tliirtv  days  after  same  is  •jiveii,  as  provided  in  section  1(!.").  he 
sliall  lie  jiiiiltv  of  a  misdeineaiior,  and  iiiioii  convict  ion  shall  he  lined  not 
less  than  fifty  dollais,  nor  more  than  live  hundred  dollars  for  each  olleusc. 
[lb.,  see.  1(>5;  compare  M.  C.  see.  44.) 

Sec.  1(17  llalcli  (Umh's  fill'  «'l«'\a(ors  <»!•  Iioistways.  —  In  every 
linildini;'  hereafter  I'lcctcd  or  altered  to  lie  used  f(n-  iiianiifactiiriiii;  or  nier- 
lanlile  purposes,  in  which  there  shall  he  Iioistways.  or  elevators,  or  well 
holes,  not  inclosed  in  walls  constructed  of  lirick  or  other  lirejiroof  material 
and  provided  with  tire  doors,  tlii'  o]ieiiini;s  thereof  tliroiijih  and  upon  each 
floor  of  said  buildings  shall  he  ju-ovided  with  ajiproved  aiitoniatically  closing 
metal  clad  hatch  doors  for  every  sticli  hoistway,  ele\ator,  or  well  hole. 
Outside  windows  or  openings  into  every  elevator  shaft  or  hoistway  shall 
ha\('  such  sign  or  device  to  indicate  the  existence  of  said  sh.ifi  oi'  hoistway 
as  shall  he  a]iproved  hv  the  ( 'oinmissioner  of  I'uhlic  lliiildings.  {lb.,  sec. 
ll.'7;  comjiare  M.  C.  sees.  1!IS,  1!)I».  i 

See.  Kis.     Inclosiiro  of  elevators  in  luereanlile  <n-  inaiiiirac- 

tiirin^  buildings — Elevator  shafts  in  all  mercaiilile  and  iiiaiitifacturiiig 
lliiildings,  exceeding  three  stories  in  height,  hei-eafter  liuill  or  altered,  to 
he  (iccui)ie(l  liy  more  than  two  tenants  aliove  the  lirst  story,  shall  he  in- 
cjosi'd  with  walls  or  |iartitioiis  of  a|)|iroved  fireiiroof  material,  and  have 
antonialic;illy  closing  metal  clad  doors  at  ;ill  openings  thereto,  illi..  sec. 
ll'S;  compari'  .M.  ('..sec  l!)!t.  i 

Sec.  1()'.).  Klevalor.s  in  e«>iiiiec(ioii  wilh  .stairways.  — lu  all 
hnildings  licreafter  erected  or  altered,  wherever  elevators  are  placed  in  the 
well  lioles  of  or  adjacent  to  stairways,  such  elevators  and  stairways  shall 
he  inclo.sed  with  iiartitions  of  ajiproved  lire|)roof  materials,  ill).,  sec.  lll'.t; 
compare  M,  ( '.,  sec.  L'tlO. ) 

S.I-.  17(1.     (Jrating:  aiul  floor  under  niaeliinery  and  lop  of  ele- 

vat<ir  shafts. — There  shall  he  placed  hclow  the  niachinei\  and  shcu\c-s  at 
the  to))  of  every  elevator  shaft,  iiereafter  constructed  or  alteivd,  a  suhstan 
tial  grating  or  screen  of  iron,  so  constructe'd  as  to  prevent  persons  or  oh 
jects  from  falling  into  such  shafts,  and  siilTicieiitly  open  to  permit  llames 
iiiid  smoke  to  pass  through  to  the  skylight  or  windows  |iro\ide(i  in  section 
17l'.  If  such  shaft  he  llooied  over  with  a  soliil  tlnoring.  such  llooring  shall 
not  cover  more  than  one  half  of  tlu-  area  of  such  shaft,  and  at  least  one-half 
of  the  area  of  such  shaft  shall  he  covered  witli  an  ap|iroved  open  grating. 
{lb.,  sec.  i:?<);  eomjiare  M.  ('.,  see.  201. 

Sec.    171.      Dimili    waih'i's. —  [luiiili   waiter  shafts,  except    in   dwell 
ings.  shall  he  cmisi  niited  of  appro\ed  iion  comliiist  ilile  materials,  and  there 
sliall  Im>  ajiproved  metal  clad  doors  at  all  openings  thereto,      tlb..  .sec.  KU  : 
compare  .M.  ('.,  sec.  202.) 


592  REVISED   CODE    OR   GEXEUAL   ORDINANCES.  [CHAP   1. 

8ee.  172.  Skylijjhts  over  elevators,  etc.  —  lu  all  buildiuys  liere- 
jifter  erected  or  altered,  the  roof  ininiediately  over  every  lioistway,  elevator, 
open  shaft  or  well  hole,  shall  be  provided  with  a  skylij>ht  coutainiug  not 
less  than  twenty-five  scpiare  feet  of  glass;  said  Silass  shall  l)e  set  in  metal 
sashes  or  frames,  in  lights  of  not  less  than  two  hundred  S(|nare  inches  each, 
and  shall  not  exceed  one-eighth  inch  in  thickness.  There  shall  he  sus])ended 
immediately  below  this  glass  a  strong  wire  netting.  Provided,  that  if  in 
the  sides  of  an  elevator  jient  honse,  or  at  the  to])  of  any  such  shaft  or  well 
hole,  there  be  windows  having  thirty-five  scjnai-e  feet  of  glass  of  the  thick- 
ness herein  specified  for  skylights,  then  the  Commissioner  of  I'ublic  r.uild- 
ings  may,  at  his  discretion,  permit  the  skylights  above  described  to  be 
omitted.     (Ih..  sec.  132;  compare  M.  C,  sec.  17.".  i 

See.  17:>.  Strenj?tli  of  floors  and  roofs — definition  of  live 
and  dead  loails,  —  The  minimum  li\e  loads  which  the  tloors  of  buildings 
shall  be  ca])able  of  supporting,  when  uniformly  loaded  over  their  entire 
surface,  shall  be:  For  stores,  factories,  commercial  buildings  and  ware 
houses,  one  hundred  and  fifty  pounds  per  square  foot;  for  office  buildings, 
on  all  Hoors  above  the  first,  se\eiity  pounds  jier  square  foot;  for  otfici- 
buildings  on  the  first  fioor,  one  hundred  and  fifty  ])(>unds  jier  square  foot; 
for  ]»laces  of  jniblic  assemldy,  including  schools,  one  hundred  pounds  jier 
square  foot;  for  dwellings,  lodging  and  tenement  houses,  sixty  j)ounds  jier 
square  foot.  For  all  flat  roofs,  forty  pounds  per  square  foot.  When  the 
pur])Ose  for  which  any  building  shall  be  u.sed  subjects  its  floors  to  greater 
loads  than  those  given  above,  then  such  building  shall  be  so  constructed  as 
to  safely  sup]ioi-t  such  loads,  with  the  factor  of  safety  prescribed  in  this 
article  for  the  materials  of  its  ci>nstruction.  Live  loads  are  here  taken  to 
mean  loads  that  are  movable  and  transient,  and  that  are  not  a  jiart  of  the 
building,  as  distinguished  from  dead  loads,  which  are  here  taken  to  uj'^an 
the  fixed  and  comjionent  jiarts  of  the  building,  {fb..  sec.  l.'?:!;  compare  ^I. 
C,  sec.  158.) 

Sec.    174.     I.ioad    on    floors    to    be    safely    distributed.  —  The 

weights  placed  (in  any  tloor  in  any  building  shall  be  safely  disli-ibuted 
thereon.  The  Commissioner  of  Public  lluildings  may  re(|uire  the  owner  or 
occupant  of  any  building,  or  jiortjou  thereof,  to  redistribute  the  load  on 
any  floor  (u-  to  lighten  such  load  where  he  may  deem  the  same  to  be  neces- 
sary for  the  ]ir()tection  of  life  and  jirojiei-ty.  No  ]i(>rson  shall  ])lace,  *ir 
cause  or  permit  f(i  be  iilacc(l.  on  any  tloor  of  any  iiuilding  any  greater  load 
than  the  safe  load  thereof,  to  be  estimated  and  ascertained  as  provided  in 
section  17.">  of  this  article,      i//;..  .sec.  PU;  compare  M.  ('..  sec.  150.1 

Sec.  17').  Strenjitb  of  tloors  to  be  eonipute<l — Commissioner 
may  enter  premises  aiul  rt'vise  coniitiitation.— In  all  nuinul.ictur- 
ing  or  commercial  buildings,  wliei-e  heavy  materials  are  ke](t  or  stored  or 
where  heavy  machinei-y  is  ojierated.  it  shall  be  the  duty  of  the  owner  or 
occu]iant  of  such  building  within  ninety  days  of  the  passage  of  this  ordi- 
n.iiice  to  have  the  strength  of  the  floors  of  such  building,  and  their  su])- 
poils.  comjiuted  by  some  competent  person  to  be  employed  by  the  owner  or 
occupant,  to  estimate  the  weights  which  may  be  safely  sustained  ])er  square 
foot  of  floor  in  such  building,  and  to  reduce  such  estimate  to  w  citing,  stat- 
ing the  nmterials,  sizes,  distance  ajiart  and  s]ian  of  lieanis  and  gii'ders. 
l)osts  or  columns  sup])orting  each  floor  in  such  building,  and  the  correct- 
ness of  such  estimate  shall  l)e  sworn  to  by  the  person  making  the  same,  and 
it  shall  thercu|ioii  Ik>  filed  in  the  olVice  of  the  Commissioner  of  I'ublic  Ituilil 
ings.      I'.nl    if   the   Comniissionci-  of    Public    P.uildings   shall    have  cause  to 


AKT.    IV.  ]  BUILDING  CODK.  593 

iliiiil)!  llif  cDiivctness  i>r  s;ii(i  t-st  iin;ilcs  lie  is  empowered  lo  ^e^■isl•  and  <iir- 
red  the  same,  and  for  tlie  jmrpose  of  such  revision  Ihe  olVieers  and  emphives 
of  said  l)nililiiijr  th-parlmenl  mav  enter  an.v  liiiihlini;  and  eh-ai-  so  mmli  of 
aii.v  tlooi-  or  portion  thereof  as  mav  lie  reipiired  lo  make  necessary  meas- 
urements and  examinations,     i/h..  sec.  l."!.";  comiiare  M.  <'..  sees.  Kill.   Kil.) 

Sec.    17(i.     Apju'oval  —  iiolirt'    lo    l»o    |>os(imI  on    vm-\i    lioor. — 

When  tlie  correct  estimate  of  liie  weight  that  the  lloor  in  an.v  manul'aci  ucinf? 
or  commercial  hnildinj;  will  sal'elv  sustain  lias  heen  ascertained,  as  |iro\ided 
in  section  17")  of  tiiis  ai-ticie.  tlie  Commissioner  of  ruhiic  I!niidin;;s  shall 
approve  the  same,  and  tlierenixin  the  owner  or  occupant  of  said  bnildini;. 
or  an.v  portion  thereof,  shall  post  a  copy  of  such  ajiproved  estimate  in  a 
con.s|iicumis  place  on  each  story  of  the  iuiildiiiji  to  which  it  relate.s.  liefore 
any  liuildinir  shall,  after  ninety  days  from  the  ]iassa<;e  of  this  ordinance,  lip 
used  and  occupied,  in  whole  or  in  ]iail.  for  any  of  the  jturiioses  aforesaitl. 
the  weifrhl  that  each  tloor  will  safely  sustain  upon  each  sujierticial  fool 
thereof  shall  lie  ascertained  and  jiosted  as  hereinliefore  specified,  {lb.,  .sec. 
l.'ili;  compare  M.  ('..  sec.  lliM.  I 

fSee.  177.  Collliuiis.  —  .\ll  coluniiis  in  liuildinu  retpiired  liy  this 
article  to  lie  liuildiiifis  of  the  tirst-class,  oi-  coiiimns  sujiport injj  liriclc  walls 
in  liuildinifs  more  than  four  stories  in  heifiht.  shall  be  of  iron  or  steel  and 
made  tireproof  liy  a  coverin<;  of  not  less  than  three  inches  in  thickness  of 
ajiproved  lire-resist in<:  materials.  No  column  of  cast  iron  shall  have  a  less 
tiiickness  of  shell  than  three-«iiiarters  of  an  inch  nor  lunc  a  lenutli  exceed 
in^  twenty-five  times  its  least  diameter.  No  column  of  wroii^lil  inni  or 
steel  shall  have  a  less  thicknes.s  of  metal  than  one-(piaiti'i-  inch.  .No  ( iduniii 
of  Wood  shall  have  a  <;realer  length  than  forty  limes  iis  least  diameter;  nor 
shall  any  column  of  wood  he  permissihle  in  the  cellar  or  liasement  of  any 
lodging  house,  tenement  house,  or  oll'ice  Iniilding  of  more  than  thi-ee  stories 
in  height;  nor  shall  any  column  of  wood  in  any  building  of  more  than  Ihree 
stories  in  height,  stand  upon  any  bolster  or  girder  of  wood,  but  all  such 
columns  shall  stand  upon  metal  caps  or  plates  of  sull'icienl  size  lo  receive 
the  columns  and  Ilieir  loads.      I //*..  see.  l.'>7.) 

Sec.  178.  Ii<»a(ls  on  rohinins lOvery  coliimii  shall  have  a  calcu- 
lated ca]>acily  lo  support  in  addition  to  the  dead  loads  imposed  thereon, 
Ihe  live  loads  for  which  dependent  floors  are  calculated  i  see  section  173), 
in  not  less  than  the  following  jiroportions:  For  the  tloor  immediately 
above  every  coliiinn.  its  full  live  load;  for  the  lloor  .second  above,  ninety  five 
|>er  cent  of  its  live  load:  for  Ihe  floor  third  above,  ninety  iter  cent  of  iis  live 
load;  for  the  lloor  fourth  above,  eighty  live  jjer  cent  of  its  live  load;  and  for 
each  s\icceeding  lloor  above,  a  ]iroporlion  diminished  by  not  more  than  five 
per  cent,  but  in  no  ease  shall  ilie  live  load  of  a  Moor  be  taken  at  less  than 
forty  per  cent  of  its  calculated  amount:  and  I  lie  reipiired  supjiorling  ca- 
pacities so  determined  shall  be  the  minimum  permissible  for  Ihe  factors  of 
s;ifety  and  allowable  stresses  given  in  section  l.si.  [Jh..  .sec.  IMS;  comi>are 
M.  {'..  sec.  -jL'.-i.  I 

Sec.  17!t.  liOJuls  on  g^irdrrs. —  I'.very  ginler  shall  have  a  calenlated 
cajmcitv  to  support,  in  additinn  to  the  dead  loads  imposed  thereon  with 
the  factors  of  .safety  given  in  section  isi.  {11,..  sec.  1.{!1;  compare  M.  C, 
•J-JC.  I 


594  REVISED   CODE   OR   GENERAL  ORDINANCES.  [CHAP   ]. 

Sec.   180.     Loads   on    beams. —  EveiT  beam  shall  have  a  calculated 

capacity  to  support  the  full  dead  and  live  loads  imposed  thereon,  with  the 
factors  of  safetv  giveu  in  section  181.  {lb.,  sec.  140;  compare  M.  C,  sec. 
227.) 

Sec.  181.     Factors  of  safety   and  allowable   unit  stresses. — 

The  factors  of  safetv  for  materials  of  constr\iction  shall  not  be  less  than 
the  following:  For  materials  subject  to  transverse  or  tensile  strains:  The 
unit  stresses  allowed  shall  not  exceed  the  following  proportions  of  the  ulti- 
mate breaking  strength,  to-wit : 

For  steel  or  wrought  iron One-fourth 

For  wood  One-sixth 

For  cast  iron One-eighth 

For  materials  subject  to  compression,  the  strains  shall  not  exceed: 
For  brick  work   (a),  three  hundred  j)0unds  per  scpiare  inch. 
For  brick  work  fb),  two  huiulred  and  ten  jiounds  jicr  s(|uare  inch. 
For  brick  work   (c),  one  liundred  and  twenty  pounds  per  square  imli. 

(a)  Strictly  hard  bricks  laid  in  I*ortland  cement  mortar. 

(b)  Ordinary  hard  and  red  bricks  laid  in  natui'al  cement  mortar. 

(c)  Merchantable  bricks  laid  in  lime  mortar. 

For  concrete,  as  described  in  .section  82,  two  hundred  and  titty  pounds 
l>er  scjuare  inch. 

For  wooden  posts  with  sijuare  ends,  the  comitression  in  ]i(iunds  per 
square  inch  shall  not  exceed  the  amounts  given  in  the  folldwing  table,  for 
the  respective  ratios  of  length  to  the  least  diameter: 

Pounds  per 
Unsupportid  Length  Square  Inoli. 

Ijividetl  lj>-  tile  Oak  or 

Least   Diameter.  Wlilte  Pine.  Yellow  Pine. 

Ten    700  pounds.  800  pounds. 

Fifteen -.-^,.  .j.' (!1.")  jiounds.  710  jiouiids. 

Twenty 530  pounds.  t)20  pounds. 

Twenty  five 445  pounds.  530  pounds. 

Thirty 300  jiounds.  441)  iiounds. 

Thirty-five 275  pounds.  350  pounds. 

Forty 190  pounds.  200  pounds. 

Foi'  east  iron,  round  or  rectangular  columns,  with  scpiare  eiuls.  the 
compression  in  pounds  per  S(|uare  inch  shall  not  exceed  the  amounts  given 
in  the  following  table  for  the  respective  ratios  of  length  to  the  least  diam- 
eter : 

Unsupported  Length 

Divided  by  the  Pounds  per 

Least  Diameter.  Square  Inch. 

Ten 8,000  pounds. 

Fifteen   7.800  pounds. 

Twenty 0,700  pounds. 

Twenty-five 5,000  pounds. 


ART   IV.  1  BUILDING    CODE.  595 

For  iiiodiiiiii  stwl  coluimis  with  flat  ends,  the  conijircssion  in  pounds 
per  s(|uai'e  inch  shall  iml  exceed  the  amounts  j^iven  in  the  followinfj  table 
for  the  ics|iective  ratios  of  leii;illi   to  least   railiiis  of  j;_vration: 

I'nsupporlHil 
Length  Divided 
by  I.rii.st  Radius  Pounds  per 

of  CJyratlon.  Sqimn- Inch. 

Toity lli,444  iKtiinds. 

Sixty 1  l.-(i-  |ioinids. 

i;ij;litv Id, (IK?  |i(Hiiids. 

( >iic  linndied !l,7SL'  iioniids. 

( >iic  liumlicd  and  twciitv S,92;"j  |ii>unds. 

( )!ie  hundred  and  forty S.ISL'  |i(ninds. 

<  >ne  hundred  and  sixty 7.'MH\  pounds. 

( »n<>  hundred  and  eijihty (!..579  jwunds. 

'!"«<>  hundi'ed ."),!t2.")  ]i()unds. 

Two  Imndi-ed  and  twenty 'tM'-i-  jiounds. 

Two  hundred  and  forty 4,807  juninds. 

ilh..  sec.  11!:  (..iiii.aiv  .M.  C.  se<-.  L'L".l.) 


Sec.  IS'J.  I{t'.s(ri«'(i«>n  of  IU)<»r  area.s. —  The  undivided  tloor  area 
permissible  in  buildinjfs  of  three  or  more  stories  in  heioht.  shall  not  exceed 
twelve  thousand  si|uare  feet  for  buildinos  of  the  tirst-class;  nor  exceed  seven 
thousand  ti\('  hundred  sipiare  feet  for  buildintrs  of  the  second  and  third- 
class.  l,ari;er  Imildinos  shall  have  brick  partition  walls  of  the  thickness 
i'e(|uii'ed  in  section  Nil  of  this  article,  so  located  thai  no  undivided  tloor  area 
shall  exc(H'd  the  ti<;ui'es  above  jjiven.  There  shall  be  automatically  closing 
lire  doors  on  each  side  of  the  wall  of  apjiroved  construction  for  all  o|ieninf;s 
in  such  partition  walls,  and  said  walls  shall  be  carried  above  the  roof  and 
capjied  as  jirovided  in  section  lilL'  of  this  article,  ilh..  sec.  14L':  compare 
.M.  ('..  157.1 

See.  IS:?.     Unrestrirt«Ml   floor  areas liuildintrs  of   the  first-i-lass. 

or  buildin;.'s  of  the  .second  class,  as  |ui)\idei|  in  section  ti4  of  this  article,  and 
havin<;  all  stairways  anil  elevators  or  other  openin{j;s  from  story  to  story, 
inclo.sed  with  wall  of  brick  or  concrete.  ])rovided  with  apiu-oved  self-closing 
fire  doors  at  all  oi)eniiigs  in  such  walls,  may  be  constructed  without  restric- 
tion as  to  llo(M'  areas.  |(rovided  such  buildings  be  e(]uipped  with  approved 
auttuiiatic  sprinkling  devices  throughout  every  story.  {lb.,  sec.  I4.'{;  com- 
pare M.  ('..  sets.  158.  159.) 


Sfc.    1S4.     l'nrt'.stri<'(iMl    floor   areas — wlu'ii   stairs    and     t'le- 

vat<)rs  are  open. —  IJuildings  of  the  first-class  or  Imildings  of  the  second- 
class,  when  eipii]i|ied  with  apjiroved  automatic  s]irinklers.  may  lie  built  ex- 
cee<ling  the  lloor  areas  piovided  in  section  IS'2  of  this  article,  and  liave  ojieii 
stairs  and  elevators;  proviiled  such  buildings  have  in  addition  to  such  o|ien 
stairways  and  remote  from  any  open  stairway,  elevator  or  open  shaft,  such 
a  number  of  fireproof  stairways  inclosed  in  walls  of  brick  or  concrete,  as 
shall  not  Iw  less  than  one  such  fireproof  stairway  for  every  fifteen  thousand 
square  feet  of  floor  area,  or  jiorfion  thereof,  for  buildings  of  the  first-class; 
or  one  sm-li  fire|proof  st.iirway  for  every  ten  thcmsand  sijuare  feet  or  jiorfion 


596  REVISED  CODE  OR  GENERAL  ORDIXAXCES.  [CHAP.  1. 

tliereof  of  floor  niva  for  buildings  of  the  second-class.  Sudi  fireproof  stair- 
ways shall  be  so  placed  that  thev  may  only  lie  ent(>red  from  the  oi)en  air  in 
every  story;  they  shall  not  be  less  than  three  feet  eight  inches  wide,  without 
winders,  with  handrails  on  both  sides,  and  shall  have  treads  of  not  le.ss  than 
ten  inches,  nnr  risers  of  more  than  eight  inches.  All  doorways  leading  to 
such  stairways,  on  all  tloors  above  the  ground  floor,  shall  open  towards  the 
stairs  and  shall  be  plainly  indicated  by  means  of  conspicuous  signs;  doors 
leading  from  such  stairways  on  the  ground  Hoor  shall  open  outwardly  and 
to  the  ojien  air.     i  Ih..  sec.  14-1;  compare  51.  ('..  sees.  lo7.  158.) 

Sec.  185.  Skeleton  oonstrut'tioii  Iniildiiigrs. —  Huildiugs  of  skele- 
ton construction  shall  be  buildings  of  the  lirst-class.  and  constructed  u]ion  a 
steel  or  iron  framework,  so  designed  and  constructed  as  to  be  cajiable  of 
resisting  all  strains  from  the  weight  of  the  structure,  its  contents  and  the 
pressure  of  the  wimi,  within  the  limits  of  the  f;u-rors  of  safety  and  unit 
stresses  iirovided  in  section  181  of  this  article.  All  structural  members  of 
such  buildings  shall  be  fireproofed  and  jn-otected  as  ])rovided  in  section  (>"J 
of  this  article.     {Ih..  sec.  145;  compare  >1.  ('.,  sec.  21!). 1 

Sec.  isb.  Exterior  walls  of  skeleton  Imihling^s. — Exterioi-  walls 
of  skeleton  buildings  shall  not  be  less  Than  eighteen  inches  in  thickness,  un- 
less they  be  supported  in  each  story  height  by  the  framework,  in  which  case 
they  shall  not  be  less  than  thirteen  inches  in  thickness.  All  exterior  walls 
shall  have  at  least  eight  inches  of  masonry  outside  of  all  girders  su](]>ort 
ing  more  than  one  story  of  the  masonry,  as  provided  in  section  02.  and  all 
such  walls  and  masonry  shall  be  securely  anchored  to  the  columns  and  frame- 
work.    \^lb.,  sec.  14(i;  compare  M.  C,  sec.  22(t.j 

Sec.  187.  Wind  pressure  on  skeleton  bnildinsfs. — Thi-  frame 
work  of  a  skeleton  building  shall  l)e  constructed  to  ri'sist  a  horizontal  wind 
pressure  of  thirty  jiounds  per  square  foot  on  all  exjiosed  surfaces  above 
grade.  Where  there  are  buildings  immediately  adjoining,  the  wall  surface 
covered  by  such  buildings  will  be  considered  as  not  exposed  to  wiml  press- 
ure. The  factors  of  safety  to  be  used  in  computing  the  sections  required  to 
resist  wind  pressure  shall  be  siu-h  that  the  unit  stresses  provided  in  section 
180  of  this  article  shall  not  heexceed<'(l  by  more  than  twenty  per  cent.  ilh.. 
sec.  147;  compare  M.  ('..  sec.  22!"!;) 

Sec.  LSN.  Construction  shall  conforiu  to  accepted  standards. — 
The  materials  and  wcu-kmanship  of  construction  for  the  framework  of  skele- 
ton buildings  shall  not  be  inferior  in  (pnility  to  the  re(iuirements  of  the 
standard  s](e(iti(  ations  of  the  "Association  of  American  Steel  Manufac- 
tures."    I  lb.,  sec.  14S:  c(iiM|iare  M.  ('..  sec.  2o(l. ) 

Sec.  189.  Hotels,  boarding  liouses,  etc. — fire  escapes  to  l)e 
provided  —  red  lijjht. — It  is  hereby  made  the  duty  of  every  keejier  or 
proprietor  of  every  hotel,  jiublic  boarding  or  lodging  house  in  the  city,  of 
three  stories  ami  over  in  height,  where  stich  building  is  not  a  Imilding  of  the 
first-class,  to  provide  with  and  securely  fasten  in  ever>'  lodging  room  in  said 
hotel.  i)iiblic  boarding  house  or  lodging  house  above  tlie  first  story,  which 
has  an  outside  window,  and  is  used  for  the  accommodation  of  guests  or 
employes  as  a  sleeping  apartment,  a  rope  or  rope  ladder  for  the  escape  of 
lodgers  therein,  in  case  of  fire,  of  at  least  one  inch  in  diameter,  which  shall 
be  securely  fastened  within  such  room,  and  as  ne;ir  a  window  as  jiracticable, 
.ind  of  surt'icient  length  to  reach  therefrom  to  the  ground,  on  the  outside  of 


ART.  IV]  BUIUJING    CODE.  597 

sill  li  liipifl,  iiiil)lif  l)():ii-iliii};  or  lodf^iii;;  lioiisc,  and  iiiadi  id'  slroiiji  iiialcrial ; 
sufli  ropi'  or  rope  laddci'  sliall  lie  kcpI  in  j^ood  ri'imir  and  condition.  In 
lieu  of  a  rojie  or  rope  ladder,  tlici-c  may  lii'  substituted  any  oilier  appliance 
that  may  l»e  deemed  of  eipial  or  j;reater  utility  by  the  Commissioner  of  Pub- 
lic Huildin^s;  but  such  ap]>liances  shall  in  all  cases  be  so  constructed  and 
silualed  as  to  li<>  under  the  coiili'ol  and  mana«;enient  of  any  lodf^er  in  stU'h 
room.  It  is  hereby  I'nrllicr  made  llie  duty  ol'  every  kee|)er  or  proprietor  of 
every  hotel,  public  boardin^i  or  ludjiinj;  house  in  this  city,  of  Ihree  stories 
and  uvei-  in  heli^ht.  In  |iriivide  and  keep  in  jilain  view  al  the  head  of  each 
tli^ht  of  stairs,  and  also  adjacent  to  the  openinj;  leadinji  to  each  stationary 
lire  escape  on  each  and  every  lloor  of  said  hotel,  public  boai-<lin'i  or  lodfjing 
house,  a  lamp  or  lijrht  with  a  red  <;lass  <rlobc  surroundin>i  the  lijiht  for  the 
|>urp(ise  of  (h'sijinatin.i;  the  location  of  said  stairway  and  tire  escape,  re- 
spectively; said  lamp  or  lijiht  shall  lie  kepr  biii'ninj;  from  twili};lit  in  the 
eveninir  until  daylij;ht  in  the  morning-  of  each  and  every  day.  I  Ih..  sec.  140; 
compare  .M.  ('.,  sec.  'y2.) 

See  also  a.s  to  Hri'-osoai>i'.«anfe  R.  C.  sec.   \28  et  sro. 

Sec.  190.  S;mu' — iio<i<*o  <o  <;m'sts, —  It  shall  be  the  duty  of  the 
jiroprietor  oi-  |iii>piicii)r.s.  or  kee]ieis.  ol'  every  hotel,  jiublic  boardinj;  or 
lod;,'iii^  house,  mentioned  in  the  [ireeedint;  sections  of  this  article,  to  post 
or  cause  to  be  posted  up  notices  in  every  room  of  such  hotel,  public  board- 
in;;  or  lodpin^i  house,  callin<;  attention  to  the  fact  that  the  provisions  of  this 
article  have  been  complied  with,  and  sjiecifvinn:  in  .said  notice  the  part  of 
the  room  or  building;  where  the  ai>|>liances  to  be  used  for  the  luirpose  of 
escajiin;;  from  said  buildin;;s  in  ca.se  of  lire  are  located  and  situated.  (/'*.. 
sec.  |.")(l;  corresponds  In  M.  ( "..  sec.  ~i'.\.) 

StM-.  l!tl.  Same — watcliiiiaii  — alarm  bell. —  In  all  hotels,  iniblic 
boardin;;  or  lod^jin;;  houses  in  the  city  containin;r  more  than  twenty  rooms 
and  bein;;  more  than  three  stories  in  hei;;lit,  the  projn-ietor  or  proprietors, 
manap-r  or  mana;;ers,  lessee,  keejier  or  keepers,  of  each  and  every  such 
liot«d,  public  boarding;  or  lodj;iii>i  hoii.ses.  shall  constantly  kee|i  and  ein|doy 
at  least  one  coini>eteiit  and  I rnsiwortliy  man  as  watchman  tijion  the  lia.^e- 
iiient  lloKi-  and  upon  each  and  ever.\'  lloor  aliov<'  the  second  story  thereof, 
whose  duty  it  shall  be  to  keep  watch  and  ;;uard  in  such  hotel,  public  board 
iiiK  or  lod^in^  house,  a;;ainst  fire,  and  to  ;iive  warning;  in  ca.se  fire  should 
break  out.  Such  watchman  shall  be  on  duty  between  the  hours  of  nine 
o'clock  !>.  111.  and  si.\  o'clock  a.  m.  of  each  and  every  day  of  the  year,  and  in 
case  of  tire  shall  do  all  in  his  jiower  to  awaken  each  ;;iiesl  and  all  other 
|M>rsons  therein,  and  inform  them  of  such  lire.  A  laro;e  alarm  bell  or  ^^on;; 
sh.-ill  be  placed  in  each  hotel,  public  lioardiiii;  oi'  lod;:iiiii  liou.se.  at.  in  or 
near  the  office,  or  there  shall  be  placed  and  kejit  in  ;;ood  order  in  each  room 
above  the  first  story  of  such  hotel,  public  boarding;  or  lodpin;;  house,  an 
alarm  bell  which  may  be  sounded  from  the  office,  or  sounded  from  the  cor- 
ridors, and  it  shall  be  the  duty  of  the  pro|)rietor  of  such  liotid,  public  board- 
iii;i  house  or  lod;,'in;i  house  to  post  a  conspicuous  notice  in  every  room  in 
which  such  bell  is  ]ilaced.  calling;  the  <.niesls'  attention  to  the  bell  and  that 
it  is  to  be  used  for  the  purpose  of  alarmin;;  the  ;;uests  and  inmates  in  case 
of  tire  therein,  rjion  any  such  alarm  bein;;  ^iven,  it  shall  be  the  duty  of 
every  pro])rietor,  ke«»per.  niami;;er  or  emjdoye  to  do  all  in  his  or  their  jiower 
to  save  such  ;;uests  or  inmates.     i/l>..  sec.  1.">1  ;  cfii-responds  .M.  ('..  sec.  ."(-l.i 

See.  19'J.  Same — penalty  in  riis«'  of  >vaf  elimiiii's  iie;;leef Should 

any  such  watchman  leave  his  jmst  or  he  aliseiil  rnim  Ins  ilniies  diirin;:  tlie 
hours  mentioned   in   tin-  section  next   preceding;,  or  if  he  should  sleep  whili- 


598  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  1. 

on  duty,  or  if  he  .should  fail  while  on  duty  to  do  all  in  Ids  power  to  awaken 
the  i)ersons  slee])in_t>  in  such  hotel,  jiublic  hoardinj;  or  lodjiinf;;  hou.se,  he 
shall  be  deemed  jiu'lfy  "'  "  ini.sdenieanor.  and  upon  c-onvictiou  .shall  be 
fined  not  les.s  than  live  dollars  nor  more  than  fifty  dollars.  (lb.,  sec.  152; 
compare  M.  ('.,  see.  55.) 

Sec.  193.  Same — penaltj'  in  caseof  i»roprietor's  neg:le<*t.  _ Eveiy 
|)roi)rietor,  keei)er,  lessee  or  managei'  of  every  hotel,  publie  boai-dinji  house 
or  lodginji  house  in  the  City  of  St.  I^ouis,  who  shall  fail  to  i(>ni]ily  with  the 
requirements  of  sections  18!).  I'.tO  and  l!tl  of  this  article,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof,  before  either  of  the 
I»olice  justices  of  the  city,  shall  be  fined  in  a  sum  not  less  than  five  dollars 
nor  more  than  five  hundred  dollars.     {Ih..  sec.  158;  compare  M.  C,  sec.  56.) 

See.  194.    Heiji^litof  rooms — window.s — veiitilatinj;  skylijj^hts. — 

Every  room  in  every  apartment  house,  hotel,  tenement  or  lodging-  house  hereafter 
built,  and  in  every  building  hereafter  altered  to  be  used  as  such,  shall  be 
not  less  than  eight  feet  in  height  in  the  clear  in  every  story,  except  that  in 
the  attic  it  may  be  less  than  eight  feet  high  for  one-half  the  area  of  the 
room.  Every  such  room  shall  have  one  or  more  windows  or  ventilating  sky- 
lights, with  area  of  o])eniugs  not  less  than  one-tenth  the  floor  area  of  the 
room,  to  be  lighted  or  ventilated  from  or  by  an  o])en  air  space  with  an  area 
thi-oughout  at  least  one-fourth  as  great  as  that  of  the  largest  room  ojK'ning 
thereon,  and  it  shall  be  unlawful  after  the  passage  of  this  ordinance,  to  so 
construct  any  room  in  any  apartment  house,  hotel,  tenement,  or  lodging 
house,  not  provided  with  outside  windows  or  skylights  as  required  by  this 
.section,     i/b..  sec.  154.) 

Sec.  195.  Tlieater.«4  or  lmihliii<;s  used  for  tlieatrical  or  operatic 
purposes — rejiulations,  iluties,  penalties,  ete. — Every  theater  or  opera 
house ,  or  other  building  no w  or  hereafter  u  sed  for  theatrical  or  operatic  purposes , 
or  for  the  purpose  of  holding  public  entertainments  of  any  kind  where 
stage  scenery  and  apparatus  are  employed,  and  having  seating  accommo- 
dations foi'  one  hundred  or  more  persons,  and  where  such  building  shall 
have  seating  accommodations  for  sjtectators  above  the  first  or  main  floor 
thereof  shall  conii»ly  with  all  the  re((uirements  of  sections  195.  19(i  and  197 
of  this  article.  All  doors  shall  open  outwardly  and  must  be  kejit  unfastened 
and  unobstructed  during  every  jierfoi'uiance.  All  exits  in  all  theatei-s  shall 
have  such  fastenings  as  nuiy  be  readily  opened  from  the  inside  without 
keys,  and  shall  be  of  an  uniform  style;  and  only  such  fastenings  as  shall  be 
approved  by  the  ('(unmissioner  of  Public  Ruildings.  All  staii-ways  shall 
have  strong  hand  i-ailings  on  both  sides  thereof,  which  railings  shall  be 
continuous  across  platforms  and  landings  wh(>revei'  jiossible  to  make  tlieni 
so.  All  exits  shall  be  plainly  indicated  by  jilain  letters  not  less  than  four 
inches  in  height.  ])laced  over  every  doorway  or  jiassageway  leading  to  the 
outside  of  such  building.  I'ach  exit  must  at  all  times  be  kept  free  from 
curtains,  portieres,  and  other  like  obstructions,  and  be  designated  by  a  red 
light.  Every  theater  shall  have  an  exit  from  the  stage  into  the  street  oi- 
alley,  not  less  than  four  feet  wide.  TIumv  shall  be  a  clear,  unobstructed 
jiassageway  from  the  stage  and  all  dressing  rooms  to  such  exits.  ICvery 
jirinted  progi-amme  shall  have  thereon  a  jdaii  or  diagram  of  the  buildim;;. 
indicating  the  location  of  all  exits  and  |)assages  leading  to  the  outside  of 
such  building.  All  st-ats.  excepting  those  contained  in  boxes,  shall  be  firmly 
.secured  to  tlie  fioor,  and  no  seat  shall  have  more  than  nine  seats  interven 
lug  between  it  and  an  aisle,  and  no  stool  or  seat  shall  be  ])laced  in  any  aisle. 
In  evei'y   such    building  as   is   mentioneil    in    this  section,    the   jiroscenium 


AKT.  IV.]  nril.LtING    COOK.  599 

o|i('iiiiij;  shall  lif  [iiii\  iiird  willi  a  liiciiroDl'  luiiaiii.  or  a  curlaiii  of  asbestos 
or  similar  liicproor  laatciial  of  a  coiisinict  ion  lo  lie  a|i|irnv('(l  l)v  tlic  Coin- 
missioncr  of  I'liMic  IJuiliiinus.  li  siiall  he  llic  diilv  of  said  ('oiniiiissioiici' 
of  I'ulilic  liiiildiii;;s  to  iiis]i(Ml  and  It-sl  the  coiistriu-t  ion  and  ()|i('ralion  of 
siuli  liivprool'  riiriains  on  or  ahoul  tlu'  tirsi  day  of  Si'ptiMnluT  and  llic  lir.sl 
(lav  of  January  of  each  year,  and  at  sncli  other  intervals  as  shall  insure 
their  maintenance  in  a  f;oo(l  and  efticient  condition  foi'  the  safety  of  the 
audience;  said  cnrlain  shall  cover  Ihe  entire  jtroscenium  o|ieniii<;,  and  shall 
extend  at  least  twelve  inches  beyond  Ihe  sides  of  the  |iroscenium  o|icninf;, 
and  shall  Iw  operated  with  rinj;s  or  snaps  sliding  on  wire  caliles  and  con- 
structi'd  in  a  way  to  lie  apiinncd  liy  the  ( 'oinMiissioni>r  of  Public  l!nildinj;s. 
Said  tireproof  curtain  shall  be  lowered  at  the  close  of  every  perfiu-mance, 
aud  shall  he  operated  from  tlie  stajje  floor  by  pro])er  devices  for  that  jjur- 
])ose.  It  shall  be  so  constructed  that  it  can  be  lowered  from  the  lly  floors 
ami  the  staj,'e;  it  shall  be  hunj;  by  wire  calile  or  metal  suppcuMs  to  be  ap- 
proM'il  liy  the  1 'ommissiouer  of  Public  P.uildini;s.  All  woodwork  on  the 
staj,'e.  lly  galleries  and  rii;i;in^rlotts  shall  be  iiainlecl  with  tireproof  jiaint  or 
treated  with  an  apjiroved  tire  icsist  iiiii'  material  so  as  to  be  ellectually  ren 
dered  safe  against  lire.  The  curtains  about  the  proscenium  boxes,  and  all 
draperies,  portieres  aud  curtains  within  the  auditoriunt  or  any  aisles  or 
conidoi's  thereof  shall  be  chemically  treated  to  make  them  less  intlaiiiiiia 
bic.  'riie  frame  or  woodwork  surroundinj;  the  can\as  scencT-y  ownecl  b\  the 
theater  shall  be  painted  with  tire|iroof  ]iaint  and  Ihe  reverse  or  back  side  of 
such    cainas  scenery   shall    be   treated   with   an   approved   tire-resisting   ma- 

leri.ll. 

The  use  of  scenery  ])ainleil  with  oil  is  jirohibited  ;  the  use  of  calcitim 
lime  liiflifs  is  likewise  jirohibited,  excejit  upon  Ihe  slaj;e  lloor.  Whenever 
Ihe  Commissioner  of  Public  l!uildini;s  shall  be  satisfied  that  in  any  theater 
or  operatic  performance  an  extra  hazard  of  fire  exists  by  reason  of  the  em- 
ployment of  vast  i|uantities  of  scenery,  nets,  rojies.  lij^hts.  etc..  he  shall 
order  the  scener.\  and  lit;lits  to  be  rearraniied  in  a  way  that  sueh  extra 
ha/.ard  sh:ill  not  exist. 

.\  praetie.-il  wati'r  curtain  shall  be  insialled  in  every  theater  to  be  c(Mn- 
posed  of  stand  jiipes  on  each  side  of  the  |U'osceiiium  ai-ch  and  a  lateral  iiijie 
running  horizontally  over  the  iiroscenium  arch,  so  as  to  discharge  a  sheet 
of  water  back  of  the  tirejiroof  curtain,  the  same  to  be  controlled  by  hand 
valves  from  either  side  of  the  stage.  Said  water  curtain  shall  be  made  to 
the  siitisfactioii  of  and  apjiroved  by  the  Commissioner  of  Public  llnildings. 
Proscenium  walls  and  arches  of  all  present  thealt'i-s.  if  built  of  wood,  must 
be  lined  with  asU'stos  jiaper  and  covered  with  metal  laths  and  plastered 
with  cement  jdaslei'  oi'  covered  with  sheet  metal  to  be  constructed  to  the 
satisfaction  of  the  Commissioner  of  Public   Muildings. 

All  doors  leading  from  the  stag<-  to  the  ainliiorium  shall  b(>  nuMal  clad 
dooi's.  .Ml  aisles,  eorridors  and  passageways  in  all  theaters  shall  be  kept 
free  from  cam](  sto<ds.  ihail's.  sofas  and  other  obstructions,  and  no  jiei'son 
shall  Ik^  allowed  lo  stand  or  occupy  any  id'  said  aisles  during  any  perform- 
ance. The  word  "aisle"  for  the  jiurpose  of  this  article,  shall  be  construed 
to  mean  the  o|>eniiigs  or  ]>athways  to  the  seats,  hut  shall  not  include  the 
foyer  in  the  rear  of  the  theater  noi-  the  sjiace  directly  baik  of  the  boxes  of 
the  theater. 

.Ml  pas.sages.  stairw.-iys  and  corridors  tliroiighoui  all  iheaiers  shall  b(> 
snpplii>d  with  a  supplementary  lighting  system  of  eieeirieiiy,  gas  or  s|)ei-ni 
oil.  to  Ix"  a|>proved  b.\  the  < 'ommissiouer  of  Public  P.nililings.  and  suih  .sys- 
tem shall  be  independent  of  all  oihei-  lights  in  such  buildings  and  shall  be 


goo         '  REVISED   CODE  OR  GEN'KHAL  OKI JIXAN'CES.  [CHAP.  I. 

in  upcrai  i<iii   diiriii;^   llic  ciiliri'   |icii<i(l   sikIl   ilic;ilei-   is  opiMi   to  the  piililic, 
and  uiilil  llic  niKiicncc  lias  Icll   ihc  liniUiinj;. 

All  tlH^atcrs  shall  be  iirovidcd  wirli  standard  fire  alarm  box,  connected 
bv  I  lie  necessary  wir(»s  witli  the  headi|iiarters  of  the  city  lii-e  alarm  tele- 
jiraiih  ;  the  same  shall  lie  in  an  accessibl(>  ]ilace  on  I  he  stauc  and  be  desi<;- 
liated   by  a   red   li<;hl. 

The  Commissionei-  ol  I'nblic  IJuildinus.  the  Chier  of  the  Fire  Deparl- 
nient  and  tlieii-  respective  assistants  shall  have  the  right  to  enter  any 
theater  and  any  and  all  jiarts  thereof  at  any  reasonable  time,  especially 
when  occupied  l)y  the  jinblii-,  in  older  lo  jndi;e  of  and  discharge  theii-  re- 
spectiv<'  duties;  anil  it  shall  be  nnlawful  for  any  person  to  i-efnse  admission 
to  such  ofticers  or  throw  obstacles  in  the  way  of  such  ofticers  while  engaged 
in  the  ]ierl'orniaiice  of  their  dnties. 

It  shall  be  the  diit\-  of  the  Chief  of  the  fire  department  to  detail 
perienced  tireman  to  be  on  duty  at  each  theater  dnring  the  whole  time  it  is 
open  lo  the  imblic.  It  shall  be  the  duty  of  saiil  fireman  to  see  that  all  fire 
ajiparatus  and  apj)liances  reipiired  by  this  article  are  in  their  proper  jilace, 
ill  proi)er  condition,  ready  for  use,  all  exits  unlocked  during  the  whole  time 
such  theater  is  open  to  tlie  public,  and  all  fire  escapes  in  jirojier  condition. 
Said  fireman  shall  re(inire  a  drill  of  the  employes  of  such  theater  in  the  use 
of  all  apparatus  and  a]i]diaiices  for  the  prevention  of  fire  inside  of  the  build- 
ing, excejit  dnring  the  in'rformance.  Said  drills  shall  be  at  freiiuent  inter- 
vals until  such  em]ihiyes  become  efficieiil.  and  sli.ill  Ihereal'ler  be  had  at 
least  once  a  month. 

Any  manager,  owner,  lessee  or  keejier  of  an.\  theater  who  shall  \iol;ite 
or  fail  to  comply  with  the  jirovisions  of  sections  lllo.  l!)(i  and  1!)7  of  this 
article,  shall  on  conviction  thereof,  in  addition  to  having  his  license  revoked 
as  ]irovided  in  section  210,  be  fined  in  the  sum  of  not  less  than  five  dollars 
nor  more  than  five  hundred  dollars. 

There  shall  be  no  opening  in  the  proscenium  wall  above  the  auclitoriiim 
ceiling,  and  where  this  space  is  not  now  inclosed  it  shall  lie  inclosed  with 
metal  latli  and  jilaster  or  other  ajipioNcd  Hreprooi'  materials.  There  shall 
be  ]irovided  over  the  stage,  metal  skylights  of  an  area,  or  combined  area 
eipial  to  one-tenth  of  the  area  of  the  stage,  and  glazed  with  glass  not  ex- 
ceeding one-eighth  of  an  inch  in  thickness,  and  each  light  thereof  shall 
measure  not  less  than  three  hundred  S(iuare  inches;  the  whole  of  each  sin  li 
skylight  shall  be  so  constructed  as  to  ojien  instantly  ujion  the  cutting  or 
burning  of  a  cord  to  be  fastened  to  the  fioor  at  the  rear  side  of  the  stage. 
or  the  melting  of  a  fusible  link,  which  shall  be  arranged  to  hold  smh  sky- 
light closed,  or  some  other  eipially  sim]ile  ai)]iroved  de\  ice  may  be  jirovidcf] 
for  their  o]ieniiig  automatically  in  case  of  fii-e  on  the  stage.  All  such  sky- 
lights shall  be  so  arranged  that  they  may  be  instantly  thrown  o])en  by  means 
of  a  strong  wire  cable  reaching  therefrom  to  the  stage  tloor  or  by  some 
e(|ually  ettective  device  which  may  be  a]i|iroved  by  the  Commissioner  of 
Public  IJuildings.  .\ll  such  skylights  shall  haxc  securtdy  sus])ended  below 
the  glass  a  strong  wire  netting  constructed  of  wire  not  less  than  number  ten 
gauge,  and  of  a  m(>sh  not  larger  than  one  inch.  In  case  where  it  is  im 
pi-acticable  to  constrm't  such  skylights  as  are  herein  described,  it  max  be  per 
missible  lo  [irovide.  in  lien  thereof,  veiililating  o|ienings  in  the  walls  aboM' 
the  stage,  at  such  locations  and  of  such  size  and  constrtict ion  as  sliall  be 
approved  by  the  ("ommissioner  of  Public  Huildings.  and  Hoard  of  Apjieals; 
such  ventilating  openings  shall  be  arranged  to  o|ien  in  the  same  manner  as 
skylights  above  the  stage.      I  //>..  sec.  l.'iS;  com|)are  M.  ('..  .sees.  1'."{."{-J41.  i 


ART    IV  1  BUILDING    COKK.  601 

Sec.  19(i.  stand  piix's  aiul  fire  appiiratiis.— In  cvciv  suih  building 
as  is  iiKMil  IoiiimI  in  sciiiun  lliri  uf  this  ai-ticlf.  stand  i>i|ii-s  oj'  two  and  one  lialf 
iiiclics  in  dianictcf  shall  he  piovidi'd  as  I'ullows.  nanit'ly:  One  on  each  sidi- 
of  the  .slaf;t>,  also  one  on  each  side  of  the  a\idilofinni.  Hose  connections  lor 
sucii  stand  iiijK's  shall  he  |)i-ovi<h>d  on  cvt-i-y  licf  and  i;alli'i-\  lc\cl  and  liclow 
tlie  stajji'.  and  at  least  one  in  tiie  jn-ojiei'ty  i-ooni  and  one  in  ilie  cai-jienter 
slioji.  if  the  same  he  contijinotis  to  the  liiiildinf;.  All  sncii  stand  pijies  shall 
he  ke|il  cleai-  Ifoin  ohstfiici  ion.  Said  stand  ]ii]ies  shall  he  se|iafate  and  dis- 
tinct. iecei\in«;  theif  snpiily  of  watef  difecl  ri'oin  the  main,  and  shall  he 
titled  with  the  reiinlation  con|din^s  (d'  the  I'^ii-e  I  )ei(aitinetit.  and  shall  he 
kejit  constatitl.\  filled  with  watei-  iiiidei-  |ifessnfe.  an<l  feady  for  immediate 
ii.se  at  all  limes  dni-itiir  a  iieffoi-inaiice  in  said  hiiildiiii;.  .V  ]ii-o])ei-  and  sul'li- 
eieiit  (jiiantity  ol'  hose,  litted  with  fojiiilntion  cou|dings  and  with  nozzles  at- 
tached Ihei-eto.  and  with  iiose  wi-eiich  at  each  outlet,  shall  always  Ite  ke])t 
attached  to  each  iiose  attachment.  There  shall  also  lie  ke|il  in  i-eailiness  Toi- 
itiinii'diate  nse  on  the  staj;e  and  each  j;allei-y  at  least  two  liai'i-els  full  of 
watei-.  and  two  buckets  to  each  baffel.  Said  Itai'fels  and  Imckets  shall  Ik' 
[lainled  fed.  Thefe  shall  also  lie  jifovided  sncii  othef  poftable  (ii-e  e.xtin- 
;;iiishinjj;  ap])ai-atiis  as  may  he  fe(piifed  by  the  ( "ommissioner  of  I'nblic  Build- 
iiijis.  and  at  least  four  axes  and  two  twenty-foot  hooks,  two  fifteen-foot 
hooks  and  also  two  ten  foot  Iiooks  on  each  tief  oi-  Moot-  of  th(>  stage.  {/Ii.. 
sec.  l."li;  compafe  M.  ( "..  sec.  l'4l'.  i 

Sec.  l!)7.  Ki'};'iilati(>iis  rt'laliiif;-  to  li^-hts. — In  .very  stu-li  building  as 
is  mentioned  in  se<-tion  lit")  of  this  afticle,  every  portion  of  such  linilding 
devoted  to  the  use  or  accommoilat  ion  of  the  public,  also  all  outlets  leading 
to  the  otiiside  and  including  opeti  coiirfs  and  corridors,  shall  be  well  and 
pro|ierly  lighted  during  each  iierformance  until  the  entire  audience  has  left 
the  premises.  .\ll  gas  and  electric  lights  in  the  halls,  corridors,  lobby  or 
any  part  of  said  bnibling  nsed  iiy  the  audience,  e.vcept  the  auditorium,  must 
lie  conlrcdied  by  a  sejiarate  shut-olf,  located  in  the  front  iiortioii  of  the  liuild- 
ing  and  controlled  only  in  that  particular  jilacr.  d.is  mains  supplying  the 
building  shall  have  inde]iemlent  connections  for  the  auditorium  and  stage, 
and  prii\isions  shall  be  made  for  shutting  olf  the  gas  from  the  outside  of 
the  liuilding.  .Ml  interior  gas  lights  sliall  be  lighte<l  by  eleclricil.\  or  other 
suitable  apjiliances.  .Ml  suspended  or  bracket  lights  surroutided  by  glass 
globes  or  sliad<-s  in  llie  auditorium  or  in  any  jiaii  of  the  liuilding  devoted  to 
the  public  shall  be  jirovided  with  ]iro|)er  wire  iiellitig  nnderneath.  No  gas 
or  electric  light  shall  be  inserted  in  the  wall,  woodwork,  ceilings  or  in  any 
part  of  the  building,  unless  protected  by  liicproof  materials.  .Ml  lights  in 
passages  and  corrid<irs  in  said  liuilding  shall  be  protected  with  |iropcr  wire 
network.  Where  gas  tootlights  are  used  they  shall  be  ell'eclually  guarded 
with  wire  network,  and  shall  be  protected  with  strong  metal  guard,  tiol  less 
llian  two  feet  distant  from  said  footlights,  ami  the  trough  <-onlaining  said 
footlights  shall  be  formed  of  and  surrounded  by  fireproof  material.  .Ml 
border,  ceiling  or  other  lights  on  or  over  the  stage  shall  be  incandescent 
electric.  .Ml  dm-ts  or  shafts  used  for  conducling  heated  air  from  the  main 
chandelier  or  from  any  other  light  or  lights  shall  be  constructed  of  tire|iroof 
materials.  .Ml  lights  on  the  stage  side  of  the  iiroscenium  wall  in  dressing 
rooms,  property  rooms,  store  rooms,  ami  other  places,  other  than 
imandescent  electric  lights,  shall  have  strong  metal  wire  gtiards  or 
screens  not  less  than  ten  inches  in  diameter,  so  constructed  that  any  mate- 
rial in  contact  therewith  shall  be  out  of  reach  of  the  llames  of  said  lights 
and  shall  l«'  rigidly  attached  to  the  fixtures  in  all  cases.  Wherever  the  word 
"theater"  is  u.sed  in  sections  l!t.">.  I'.lfl  and  lit"  hereof,  it  shall  inchide  all 
such  buildings  as  are  described  or  referred  to  in  section  lit.".    (//»..  sec.  IHii.i 


602  REVISED   CODE  OR  GENERAL  ORDINANCES.  [CHAP.  1 

Sec.  198.  Construction  of  new  theaters. — Every  theater  or  ojiera 
liouse,  or  other  liiiililiiij;  iiirciidcd  to  he  used  for  theatrical  or  operatic  pur- 
poses, or  for  puhlie  eutertaimueiits  of  any  kind,  where  stage  sceuery  and 
apparatus  are  employed,  hereafter  erected,  shall  he  huilt  to  comply  with  the 
requirements  of  this  article.  No  building  which,  at  the  time  of  the  passage 
of  this  ordinance,  was  not  in  actual  use  ft)r  theatrical  or  ()])eratic  purposes, 
and  no  building  hereafter  erected  not  in  conformity  with  the  ref|uirenients 
of  this  article,  and  having  space  for  the  accommodation  of  one  hundred  or 
more  ])ersons,  and  having  seats  for  the  accommodation  of  spectators  above 
the  first  or  main  floor  thereof,  shall  be  used  for  theatrical  or  operatic  pur- 
poses or  for  public  entertainments  of  any  kind,  where  stage  scenery  or  ap- 
I)aratns  are  employed,  until  the  same  shall  have  been  made  to  conform  to  the 
requirements  of  this  article.  If  any  changes,  alterations  oi'  imjn'ovenients 
ai-e  made  in  the  structural  su]i])Oi-ts,  or  inclosures.  or  in  any  ap|ii-oaches  to 
or  exits  from,  or  in  the  seating  of  any  existing  building  to  be  used  wiiolly  or 
in  part  for  public  cntertaiiuiients  in  connection  with  which  stage  sccnci'v 
or  a]i|iaratns  is  used,  such  changes,  alterations  or  im])roveinents  shall  be 
made  in  snch  manner  as  shall  conform  to  the  reciniremcnts  of  tiiis  article. 
I  Ih..  si'c.  ItJl  ;  com])are  M.  (".,  sec.  '2'M.) 

Sec.  199.  Xew  theaters— entrances  and  exits— other  refjnhi- 
tions. —  Every  building  sucji  as  is  designated  in  section  19S  uf  this  article,  shall 
have  at  least  one  front  on  a  street  or  alley  and  in  such  front  there  shall  be  suit- 
able means  of  entrances  and  exits  for  the  audience  as  hereinafter  i)rovided. 
In  addition  to  the  aforesaid  entram-es  and  exits  on  the  street  or  alley  there 
shall  be  reserved  for  service  in  case  of  an  emergency  an  ojjen  court  or  sjjace 
on  the  side  not  bordering  on  the  street  or  alley,  where  said  building  is  lo- 
cated on  a  corner  lot,  and  on  both  sides  of  said  building  where  there  is  but 
one  frontage  on  the  street.  The  width  of  such  open  court  or  courts  shall 
not  be  less  than  seven  feet  where  the  seating  capacity  is  nol  over  one  thou- 
sand people,  nor  less  than  eight  feet  in  width  for  a  seating  ca])acity  above 
one  thousand  j)eople.  Said  court  or  courts  shall  begin  on  a  line  with  or 
near  the  proscenium  wall,  and  shall  extend  the  length  of  the  auditorium 
proper,  to  or  near  the  wall  se])ai-ating  the  same  from  the  entrance,  lobby  or 
vestibule.  A  separate  and  distinct  corridor  or  corridors  shall  continue  to 
the  street  or  alley  fi'oni  each  o]ien  court,  through  such  sniierstructnre  as 
may  be  built  on  the  street  or  alley  side  of  the  auditoi-ium.  with  continuous 
walls  of  brick  or  fireproof  materials  on  each  side.  TIh>  <»ntire  length  of  said 
corridor  or  corridors  and  the  ceilings  and  floors  shall  be  firejiroof.  Said  cor- 
ridoi-  ()!■  corridors  shall  not  be  leiluced  in  width,  and  the  said  width  shall 
be  in  the  clear  of  any  projection  in  the  walls  of  the  same.  The  otiter  oi)en- 
iugs  shall  be  prt'vided  with  dooi-s  or  gates  o])ening  toward  the  street.  l>uring 
the  performance,  the  doors  oi-  gates  in  the  corridors  shall  lie  kept  o])en.  The 
said  open  courts  or  corridoi's  shall  not  be  tised  for  storage  i>ur]ioses  oi'  foi' 
any  jiurpose  whatsoever,  except  for  exit  and  entrance  from  and  to  the  audi- 
toi-inm  and  stage,  and  must  be  ke|p|  clear  and  free  during  i>erformances. 
The  level  of  said  corridors  at  the  front  entrance  to  the  building  shall  not  be 
greater  than  one  step  above  the  level  of  the  sidewalk  where  they  begin  at  the 
street  oi'  alley  (Miti'ances.  The  entrance  to  tlH>  main  front  of  the  building 
shall  not  be  on  a  higher  level  fi'om  the  sidewalk  than  foni'  steps.  To  ovei'- 
come  any  ditt'ereme  of  level  existing  between  the  exits  from  the  iian|uef  into 
coui-ts  ami  the  level  of  the  said  i-oi'ridors.  inclined  i)lanes  shall  be  em])loyed 
where  the  gradients  are  not  over  one  foot  in  ten  feet:  in  all  other  cases  stei)s 
shall  be  emi)loyed.  From  the  auditorium  ojjening  into  the  said  ()])en  court 
on  the  side  street  or  alley,  there  shall  not  be  less  than  one  exit  on  each  side, 
in  each   tier   fioiii  and   imludiiig  the  ]ian|uel.  and  each  and  evei'y  gullcT-y. 


ART.  IV.)  BUILDING    COIMC.  (503 

Every  exit  sliall  l>f  at  least  live  feet  in  width  in  tiu'  clcai-.  All  of  said  doois 
shall  open  oulwaiiliv,  and  must  bo  fastened  as  prescrilH'd  in  section  l!)r>  of 
this  article.  Tliei-e  sliall  be  balconies  not  less  than  four  feet  in  width  in  the 
«idc  cduit  or  courts  at  each  level  or  tier  ab(>\c  the  ])ar<|ucl  on  each  side  of 
the  andiloriiiin,  of  suflicieni  Icnulh  lo  embrace  the  <\\its.  and  from  said  bal- 
conies there  shall  be  staircases  extending  lo  the  jironiid  le\cl,  with  a  rise  of 
not  over  eijjht  and  one-half  inches  to  a  step,  and  not  less  than  nine  inch  tread 
exclusive  of  the  iiosinfj.  The  staircases  from  the  npix-r  balion.\  to  the  next 
below  shall  not  be  less  than  three  feet  in  width  in  the  clear,  and  from  the 
first  balcon.v  to  the  tjronnd,  foni-  feet  in  «  idili  in  ilie  clear,  where  the  .seatinj; 
capacity  of  the  auditoi'iiim  is  for  one  thousand  jx'oiile  or  less,  and  increasing; 
in  width  at  the  i-ale  o(  six  inches  foi-  every  increase  in  seatiuf;  capacity  of 
two  hundred  oi-  less.  All  of  the  befoi-e  mentioned  balconies  and  staircases 
shall  be  constructed  (d"  steel  or  iron  throughout,  inchidinj;  the  floors,  and  of 
ample  stren;;th  to  sustain  the  load  to  be  carried  by  iliem:  lliey  sliall  be  eov- 
ei-ed  with  a  metal  hood  or  awnini;';  whei-e  one  side  of  I  lie  buildinj;  borders 
on  (he  street  or  allr\,  iliere  shall  be  lialconies  and  staircases  of  like  capacity 
and  kind,  as  before  mentioned,  exleiidiiij:  to  the  jii-ouiid.  \\'lien  located  on 
a  corner  lot,  that  [lortiiui  of  the  ]ireiiiises  borderiiij;  on  the  side  street  and 
not  iei|iiircd  for  tlu'  use  of  the  theater  may  bi'  used  for  oriices,  stores  and 
apartments,  provided  the  walls  separatiiif;  this  portion  Iroiii  the  theater 
proper  are  carried  up  solidly  to  and  tliroufjh  the  roof,  and  that  a  tirejiroof 
I'xil  is  provided  for  the  theater  on  each  tier,  eipial  to  the  combined  exits  o)ien- 
inj;  on  opposite  sides  nl  each  tier,  comniunicatinji  \\  iili  balconies  and  stair- 
ca.ses  leadinji  to  the  street  or  alley  in  such  manner  as  pro\  ided  elsewhere  in 
tliis  section;  said  exit  i>assa^es  shall  be  entirely  cut  olf  b\  brick  walls  from 
.said  oflices,  stores  or  apartments,  and  the  lloois  and  ceilinj;s  in  each  tier 
shall  be  tireproof.  Nothiiif;  herein  contained  shall  jireviMit  a  roof  <;arden, 
art  fiallerv,  or  rooms  beinj;  placed  above  a  theater  or  public  buildiiiii,  pro 
viih'd  I  he  floors  of  the  same  formiiifi  the  roof  over  such  theater  oi-  buiblinji 
shall  be  constructed  of  iron  or  steel  and  tireproid'  iiiatei-ials,  and  that  each 
tloor  shall  have  no  coverinj;  boards  or  slee|pers  of  wood,  but  be  of  tile  or 
cement.  lOvcry  roof  o\-er  said  f;ardeii  or  rooms  shall  have  all  su|i|)orts  and 
raftei's  of  iron  or  steel,  and  be  covered  with  jjlass  or  tirepi-oof  material,  or 
both.  Such  roof  fjardeiis,  art  jjalleries  or  rooms  shall  lia\e  exits  of  widths 
pro|)ortioned  to  tlieir  seatin<;  capacil\  as  herein  pinvidcMl  lor  ilicaiers.  i //<.. 
Nee.  Ifi'J;  comjiare  M.  (".,  sec.  '2'.V.i.) 

Sic.  i2()(I.     New  tlioatiTs — work  sliops,  storaj;*'  and  property 

rooms. —  Ilcreafli-r  im  workslmii.  st(ira,i;e  nr  Lieiirral  iir<i|irrly  runiii  .shall  be 
<-onstriicted  alHi.v  the  aiiditoriiim  or  stafre  or  under  the  same,  or  in  any  of  the 
ll\  galleries.  .Ml  of  said  rooms  or  shops  may  he  located  in  the  i-ear  or  at  the 
side  of  tlie  sta};e,  but  in  such  cases  they  .sliall  he  .separated  from  the  stajte 
by  a  brick  wall,  and  the  o]ienin);s  leadinj;  into  said  jiortion  shall  have  stand- 
ard lire|iroor  doors  on  each  side  of  the  o|ieniii}is.  linn;;  to  iron  (>ves  built  in 
the  wall.  No  store  room  or  rooms  contained  in  .1  theater  biiildiiitr,  or  the 
oflices,  stores  oi-  apartments  adjoinin<;  as  afores.iid,  shall  be  let  or  used  for 
i-arryinn  on  any  business  or  dealiii};  in  any  ai'ticles  commonly  known  as 
specially  lia/.ardous.     {Ih..  see.  lti;{;  compare  .M.  (".,  sec.  I'lU.  1 

See.  L'Dl.  Now  t  lira  tcr.s  -interior  fire  walls. — Iniirjor  walls  built  of 
til'«>proof  material  shall  separate  the  audiloriiim  from  the  entrance  vestibule, 
an  I  from  any  room  or  rooms  over  the  same;  also  from  any  lobbi<'s,  corridors, 
refreshment  or  other  rooms.  The  ojieninfis  in  walls  to  all  stairca.ses  shall 
lie  the  full  width  of  ,saiil  staircases,  ilh..  sec.  Kit:  corresponds  M.  ('..  sec. 
2:1.-..) 


604  REVISED  CODE  OF?  CENERAL  ORDINANCES.  (CHAP.  1. 

Sec.  ■20'2.    New  theaters  —proscenium  wall  and  openings. — A  fiic 

wall  l)nilt  uf  brick,  aud  of  tlie  tliickiiess  as  provided  in  tliis  article  for  walls 
of  buildiiifis  of  the  tirst-class,  shall  separate  the  auditorium  from  the  staj^e. 
aud  the  same  shall  extend  at  least  four  feet  above  the  stage  roof  or  tlie  audi- 
torium i-oof.  if  the  latter  be  the  hijiher.  and  shall  be  coped.  Above  the  i)rosce- 
iiium  o|icnin<;;  there  shall  be  an  iron  jiirdei'  covered  with  fireproof  material. 
Should  there  be  constructed  an  oicheslra  over  the  stai;e  above  the  prosce- 
nium llic  sai<i  orchestra  shall  be  ]ilac('d  on  the  auditorium  side  of  the  wall. 
[Jb..  sec.  KJ.");  cori-es|i(inds  M.  ('..  sec.  '2.>i>.) 

Sec.  -lOH.  Ne\v  theaters — interior  construction.— Tin-  moulded 
frame  around  the  proscenium  opeuiiiii' shall  be  formed  eiitiivly  of  firepi-oof  ma- 
terial. If  metal  be  used,  the  metal  shall  be  tilled  in  solid  with  non-cond)Usti- 
blc  material  and  securely  anchored  to*  the  wall.  The  proscenium  opeiiin}> 
shall  lie  provided  with  a  tiie]irool'  asbestos  cuitain  as  is  provided  in  .section 
r.).">.  The  proscenium  curtains  shall  be  ]»laced  at  least  three  feet  distant  from 
the  footli^i'lits  at  the  nearcsf  jioiiit.  All  doorways  or  openings  thi'ougli  the 
proscenium  wall  from  the  auditorium,  in  every  tier,  shall  have  standard  tire 
doors  on  each  face  of  the  Mall,  and  the  doors  hung  so  as  to  be  ojjened  from 
either  side  at  all  times.  There  shall  be  no  openings  in  the  i)roscenium  tire 
walls  aliove  the  level  of  the  auditorium  ceiling.  Direct  access  to  these  doors 
shall  be  provided  on  both  sides,  and  the  same  shall  always  be  kept  free  from 
incumbrance.  Iron  ladders  secui-ely  fixed  to  the  wall,  on  the  stage  side,  shall 
be  |irovided  to  overcome  any  difference  of  level  existing  between  the  Hoor  or 
galleries  on  the  stage  side  of  the  tire  wall  and  those  of  the  side  of  the  audi- 
toi-inm.  There  shall  be  over  the  stage  metal  skylights,  as  jirovided  in  section 
1!).-).  All  that  jiortion  of  the  stage  not  comprised  in  the  working  of  scenery, 
traps  or  other  mechanical  a])]>aratus  for  the  presentation  of  the  scene,  usu- 
ally e(|ual  to  the  width  of  the  ]>roscenium  opening,  shall  be  built  of  iron  or 
steel  beams,  tilled  in  between  w  ith  fireproof  materials,  and  all  girders  foi-  the 
su|)port  of  said  beams  shall  be  of  wrought  iron  or  rolled  steel.  The  tiy  gal- 
leries entire,  including  floor  and  ]iin  rails,  shall  be  constructed  of  incombus- 
tible Hiaterial.  and  no  wooden  boards  oi-  slee])ers  shall  be  used  as  a  covering 
over  beams,  but  the  lloor  shall  be  entirely  tire])roof.  the  rigging-loft  shall  be 
constructed  of  iiicombustibh>  material,  including  the  floor  covering  the  same. 
All  woodw(trk  on  and  above  the  stage  and  stage  scenery  shall  be  treated  to 
become  fire-resisting  as  prescribed  in  section  one  hundred  and  ninety-five  of 
this  article.  The  roof  over  the  auditorium  and  the  entire  main  floor  of 
the  auditorium  and  \estibnle,  also  the  entire  floor  of  the  second  story  of  the 
fi-ont  superstructure,  over  the  entrance  lobby  and  coi'ridors.  and  all  galleries 
in  the  auditorium  shall  be  constructed  of  iron  oi'  steel  and  tire])ioof  niateiial, 
mil  in<luding  the  usi'  of  wooden  tloor  boards,  and  the  necessary  slee|)ers  to 
faslen  the  same  to,  but  such  sleejiers  shall  not  be  tind>ers  of  sn])](ort.  The 
frimt  of  each  gallery  shall  bi'  formed  of  tire])roof  nuiterial.  The  ceiling  of 
the  auditorium  shall  be  foiine<l  of  tire]ii'oof  matei'ial.  All  lathing,  wherever 
used,  shall  be  of  metal.  The  |iarlitions  in  that  ])ortion  of  the  building  which 
contains  the  auditorium,  the  entrance  vestibule,  and  every  room  ami  |iassag(> 
devoted  to  the  use  of  the  audience,  shall  be  constructed  of  tirejiroof  material, 
including  the  furring  of  outside  or  other  walls.  None  of  the  walls  or  ceil- 
ings shall  be  covered  with  wood  sheathing,  canvas  or  other  condiusiible  ma- 
terials; but  this  shall  not  exclude  the  use  of  wood  wainscoting  to  a  height 
not  to  exceed  six  feet.  The  walls  separating  the  actors'  dressing  room  from 
the  stage  and  the  ]iartitions  dividing  the  (Iressing  room,  together  with  the 
partitions  of  every  jiassageway  from  the  same  to  th(>  stage,  shall  be  con- 
structed of  fire](i-oof  material:  all  doors  in  any  of  said  jiartitions  shall  l)e 
st,iiidaT-d  tire  dooi's.     .\ll  the  sliel\  ing  ami  cupbuards  in  each  and  every  dress- 


ART.  IV.  1 


BUILDING    CODE.  605 


iiij;  i-iMiiii,  lu-operty  moiii.  m-  olhcr  slmaj;!'  rnoiiis,  shiill  lie  (•<in.st fueled  of 
nit'liil.  shili-  or  tircprool'  iiialcrials.  I  >i-«'ssiiij;  rooms  iiia.v  lie  jilaccd  in  tly  }ial- 
liM'ics,  |iro\'iil>>il  thai  proper  exits  af<'  seeiiicd  lliereri'oiii  to  tii-e  escapes  in  the 
o|)fii  roiifts  and  that  tlie  |iai-titions  ami  othei-  matlei-s  pei-tainin;;  to  dfossin-i 
i-ooms  shall  eonlol'm  to  the  fecpiifemeiits  Imreiii  roiilained.  lint  the  staifs 
leading;  '<>  same  shall  he  liiepr  iiolcd.  i  //<.,  see.  Hlli;  coi-fesponds  M.  ( '..  see. 
•j:!T.  I 

Sic.  •J(i4.    New  tlioater.s — aisles.  «l<M»rs  and  passafjes.— All  seats  in 

the  anilitoi-inm.  e.xeeptinj;  ihosc  cuniaincd  in  lioxi's.  sliall  he  linidv  seetifed 
to  the  lloof.  and  no  seal  in  the  anditoiinm  shall  have  more  than  nine  seats 
interveniii;^  helween  it  and  an  aisle  on  either  side,  ami  no  stool  or  seat  shall 
be  placed  in  anv  aisle.  All  idatt'ofin.s  in  galleries  rormed  to  receive  the  scats 
shall  not  he  more  llian  twentx  one  inches  in  heij;ht  of  riser,  nor  less  limn 
thirty  inehes,  width  ol  ]ilal  roriii.  .Ml  aisles  on  the  resiieelive  lloors  of  the 
auditorium  haviiii;  seals  on  both  sides  of  same  shall  not  he  less  than  two  feet 
six  inches  wide  where  tiiey  he^iii.  and  shall  he  increased  in  width  ttiwards 
the  exits  in  the  ratio  of  two  inches  to  live  riinniiii;  feel.  Aisles  haxiiij;  seats 
on  one  side  only  shall  not  he  less  than  three  feet  wide.  The  ajifiiv-jrale  ca- 
pacity of  the  foyers,  lohhies.  corrichn's.  jiassajies  and  rooms  for  the  use  of  Ihe 
andiem-(>,  not  includinj;  the  aisle  space  helween  seats,  shall,  on  each  <;allery 
or  tloor.  he  snfticient  to  conlaiii  one-fourth  of  the  entire  niiiiilicr  lo  he  ac- 
commodated on  said  lloor  or  <;allery,  in  the  ratio  of  one  hundred  ami  tifty 
superticial  feet  {>(  lloor  room  for  every  one  hnmlred  presons.  (iradieiits  or 
inclined  (ilanes  shall  he  employed  instead  of  steps,  where  |iossihle,  to  over- 
come slij;ht  dilVei-ence  of  level,  in  or  between  aisles,  corridors  and  iiassa>;es, 
hut  no  such  jiradienl  shall  exceed  a  rise  of  more  than  one  foot  in  ten.  lOvery 
Iheater.  smli  as  is  mentioned  in  see.  1!)S,  shall  ha\('  at  least  two  exits:  these 
exits  mil  referrinji  to  or  in(diulin<;  the  exits  In  ilie  open  cnnils  at  ihe  side  of 
the  theater.  I  )oorways  of  exit  oreiitram-e  for  ihi'  use  of  the  public  shall  not 
be  less  than  li\c  feet  in  width,  and  for  every  additional  one  humire<l  jiersoiis 
or  |porlioiis  thereof  abo\c  three  hnmlred  accommodated,  an  ai;i;re.uale  of 
twenty  inches  addilional  exit  width  must  be  allowed.  All  doors  of  exit  or 
entrance  shall  o]ien  outwardly,  and  be  liunji;  to  swinji  in  such  a  manner  as 
not  lo  become  an  obstruclion  in  a  passa>;e  or  corridor;  and  no  such  doors 
shall  be  closed  or  locked  durinj:  any  represeiitalion.  or  when  the  bnildin<;  is 
open  to  the  |iiiblic.  I»istinct  and  separate  places  of  exit  and  entrance  shall 
be  provided  for  each  j:allery  above  the  lirst.  .\  common  place  of  exit  or  en- 
trami'  tiiay  ser\('  for  tiie  maiti  tloor  of  the  aiidilorinm  ami  the  tirsi  gallery, 
provided  its  capacity  be  etpial  to  the  ajifirejjate  capacity  of  the  outlets  frcun 
the  main  Moor  and  the  said  };allery.  No  passajic  leading  to  any  stairway  com- 
niunicatin<;  with  any  entramv  or  exit  shall  1m>  less  than  four  feet  in  width 
in  any  jiart  thereof,     ilh..  sec.  ll!(>:  corresponds  M.  < '..  sec.  'JUS.) 

See,  205.  Ne^^  1  h«'ali'rs— slairw  a\s. — All  stairs  within  the  lMiildin<r 
shall  be  constructed  of  liri-proof  material  throui;hout.  Staii\\ays  servinj;  for 
exit  of  one  hundred  people  must,  if  straifiht,  be  at  least  four  feet  wide  be- 
tw«Mi  railings,  anil,  if  curved  or  windiii};.  five  feet  wide,  and  for  every  a<ldi- 
tional  hnmlred  peojile  to  be  accotnmodated  six  inches  must  he  added  to  their 
wiclih.  In  no  case  shall  Ihe  risers  of  any  inside  stairs  exceed  seven  and  one- 
half  imhes  in  liei;,'ht.  mir  shall  the  treads.  exclusi\e  of  nosin;;s.  be  less  than 
len  and  one  half  inches  wide  in  straight  stairs.  In  circular  or  wimliii};  stairs 
till-  width  of  Ihe  tread  at  Ihe  inirrowest  emi  shall  m)l  be  less  than  seven 
inches.  \\'here  the  .seatin;;  capacity  is  for  more  than  one  thousand  peojile 
there  shall  l>e  at  least  two  independent  slairca.ses.  with  direct  exterior  outlet 
[irovided  for  each  pallery  in  the  auditoi-inm  where  there  are  not  autre  than 


606  REVISED   CODE  OR  GENERAL  ORDINANCES.  [CHAP.  L. 

two  galleries,  and  the  same  shall  be  located  on  opposite  sides  of  said  gallery. 
\\liei-e  there  are  more  than  two  galleries  one  or  more  additional  staircases 
shall  be  provided,  the  outlets  from  which  shall  communicate  directly  with 
the  jtrincijtal  exit  or  other  exterior  outlet.  All  said  staircases  shall  be  of 
width  jiroportioned  to  th(>  seating  ca])acity  as  elsewhere  herein  prescribed. 
W'hei'C  the  seating  cajtacily  is  I'oi-  one  tlKHisaml  ]peo]ile  or  less  two  direct  Hues- 
of  inside  staircases  only  shall  be  re(|uire(l,  located  on  opjiosite  sides  of  the 
galleries  and  in  both  cases  shall  extend  from  the  sidewalk  level  to  the  upper 
gallery,  with  outlets  from  each  gallery  to  each  side  of  said  staircases.  At 
least  two  inih'pendent  inside  staircases,  with  direct  exterior  outlets,  shall 
also  be  provided  for  the  service  of  the  stage,  and  shall  be  located  on  opposite 
sides  of  the  same,  ^\'here  straight  stairs  retni-n  directly  on  themselves  a 
landing  of  the  full  widlb  of  both  tlights.  without  any  ste]is.  shall  be  provided. 
Stairs  turning  an  angle  shall  have  a  ])ro])er  landing  without  winders  intro- 
duced in  said  turns.  In  slairs  when  two  side  lliglits  connect  with  one  main 
flight  no  winders  shall  be  introduced,  and  the  width  of  the  main  tlights  shall 
be  at  least  ecpial  to  the  aggregate  width  of  the  side  tlights.  Circular  or  wind- 
ing staii-s  shall  have  jiroju'r  landings,  introduced  at  convenient  distances. 
.\ll  staircases  shall  have  strong  hand  rails  on  both  sides  and  on  platforms 
and  landings  where  the  same  is  less  than  the  width  of  the  staii-s.  If  walls 
are  used  for  the  ]iartial  or  entire  sujijiort  or  inclosure  of  stairs  such  walls  are 
to  be  built  of  incombustible  materials.  (Jb..  sec.  168;  corresjionds  Jl.  C.,. 
sec.  2:5!). ) 

See.  2(i().     New  tlieaters — location  of  boilers.— Every  steam  boiler 

which  may  be  re(|uired  for  heating  or  otliei'  jiurposes  shall  be  located  outside 
of  the  building,  and  the  sjiace  allotted  to  the  same  shall  be  inclosed  by  walls 
of  masoni'v  on  all  sides,  and  the  ceiling  of  such  space  shall  be  constructed  of 
fire]iioor  material.  All  doorways  in  said  wall  shall  have  standard  tire  doors. 
(/''•.  sec.  l()!t:  corresjionds  M.  ('..  sec.  240.) 

Sec.  207.  NeAv  theaters— registers  ami  radiators. — No  floor  register 
for  beating  shall  be  iieniiitted.  No  coil  or  radiator  shall  be  ]ilaced  in  any 
aisle  or  passageway  used  as  an  exit,  in  such  manner  as  shall  (ov\n  an  ob- 
struction in  said  jiassagewa.x  or  exit.  All  sup])ly,  return  or  exhaust  jnpes 
shall  be  projierly  encased  and  jirotected  where  passing  through  floors  or  neiSr 
woodwork,  as  re(]uired  in  sectioa  153  of  this  article,  ilh..  sec.  170;  corre- 
si)onds  M.  ('.,  sec.  241. 1 

Sec.  20S.  Stand  pipes  and  fire  ai>paratus.— Every  building  such  as 
is  mentioned  in  section  1!IS  shall  lia\c  stand  iiijies,  hose  and  fii'e  ajjjiaratns 
as  re(piired  in  section  10(i.  Xothing  contained  in  section  l!tS  and  following 
sections  pertaining  to  new  theatei's  shall  be  construed  as  relieving  them  in 
any  wise  from  any  of  the  obligations  im])Osed  by  sections  l!)o.  1!)6,  197  of  this 
article,     ilh..  sec.  171  :  comiiare  M.  ("..  sec.  242. 1 

Sec.  209.  Department  of  buildinfj-s  to  liave  eontri)!  in  every 
theater — eertificate  lobe  posted — penalty  for  failure. — The  stand 

pipes,  gas  ]ii]ies,  electric  wiring,  hose,  fool  lights,  and  all  ap]iaratus  for  the 
extinguishing  of  or  guarding  against  tire  in  every  theater,  shall  be  in  charge 
of  and  under  the  conti'ol  of  the  Imilding  dejiartment,  and  the  C.onimissioner 
of  Public  Huildings  is  hereby  directed  to  see  tliat  the  provisions  of  this 
article  in  respect  thereto  are  carried  out  and  enforced;  and  for  the  purpose 
of  carrying  out  the  provisions  of  this  article  the  Commissioner  of  Public 
Buildings  shall  make  not  l(»ss  than  two  ins]iections  each  year  of  all  the 
theater   hnildings.   and   sli.ill    render  his  c<'rl  iticale.   fully   setting   forth   the 


ART.  IV.]  BUILDING    CODE.  607 

conditions  of  said  Iniildiiii;.  :iii<l  wlu'ther  the  provisions  <-ontaiiu>d  in  tills 
arlicif  have  iK'cn  fullv  cuiiiiilicd  wiili.  It  sliali  lie  the  diitv  of  any  iiiaiia};er. 
owner,  It'sscc  i>v  ki't'iicr  of  any  tlicalci-  wiiosc  place  is  o]ien  to  piil)lic  busi- 
ness Id  post  siK'li  i-ertiticaie  of  tiie  ( "(iimiiissioiici-  of  ruhlic  Huildiiifis.  or  a 
tfue  eo(iy  tliei-eof  in  the  lolili\  and  aiiditofiiiiii  of  said  tiiealer.  Any  failni'O 
to  eoinpI.N  with  the  provisions  of  this  section  is  iiereliy  declared  Id  lie  a 
misdemeanor  and  on  convi<'tion  thereof  sucli  persons  shall  he  lined  a  s\ini 
not  less  than  live  didlars  nor  nmie  than  one  hundred  dollars,  i ///..  .sec. 
1T"_':  (iini)iare  .M.  ('..  sec.  240.1 

S.  r  L'lo.  New  lli«>:it  rlcnl  l>nil(liiii;s  must  lirsf  ))<>  :ip|i!'<>\  <'<l  by 
Itulldiiiy:  CoiimiissioiKT  no  lieriisc  mil  11  ceil  ilicilt'  Im'  h1\»'ii — 
lii'arliin  1<>  l»('  Ii:hI  u  hcl  Imt  ;ii(  Iclc  conipllrd  u  it  li  pi-<><'»'«Mliii<;s  — 
r«'vo<-ation  of  permit   1».\    Lirt'ii.sc  Collector     rt'lnstatemi'iit. — No 

linihlin-r  sliall  hereafter  be  erected,  or  altered,  orbeopeiii-d  to  the  public,  or  used 
for  theatrical  or  n))eratie  purposes,  or  for  jiublic  entertainments  of  any  kind 
where  staj^e  scenery  or  ajiparatns  are  em]doyed.  until  the  Commissioner  of 
I'nblic  l!iiildinj;s  shall  have  approved  the  same  in  writinj;  as  conformiiifi; 
to  the  recpiiremciiis  of  this  article  so  far  as  aiiplicable  to  such  biiildiiifis. 
and  the  License  Collector  of  the  Cily  nl  Si.  Louis  shall  m)l  issue  any  license 
for  any  theater  to  be  comlucted  in  such  Imildinn  until  a  cerlilicale  in  wi'it- 
iiif;  of  apjiroval.  as  aforesai<l,  shall  ha\e  been  j;iven  by  the  Commissioner  of 
I'nblic  I!uildinj;s.  If.  upon  inspection,  of  any  theater  buildiiii;.  laiblic  hall 
(ir  |dace  of  |piiblic  amusement,  as  jirovided  in  .sections  12(11)  and  "Jltl.  the  Com- 
missioner of  Public  Ituildinjis  shall  tind  that  any  of  the  provisions  con- 
laim-il  in  this  ai-ticle  lia\i-  not  been  fully  comidied  with,  he  shall  serve  a 
written  notice  on  the  manager,  lessee.  pro|ii-ietoi-.  owner  or  kee](er  of  such 
theater,  pulilic  hall  or  place  of  jiublic  amusement,  si.itinj;  in  wtiat  respect 
till'  prn\  isioiis  of  this  ordinance  have  not  been  coiniilie(l  wiih  ami  naming  a 
time  when  such  manafief.  lessee,  owner,  pro](rietor  or  Uee|ier  may  a])]ieai" 
liefon-  him  and  show  cause  why  a  certiticale  as  ]irovided  lor  in  section  LMt!> 
should  be  iss\u'd.  Cpon  such  lieariufi,  the  Commissioner  of  Public  IJuild- 
iiifis  shall  issue  his  certiticate  in  case  he  tinds  thai  all  the  provisions  of  this 
article  have  been  coinplieil  with.  Otherwise,  he  shall  I'efuse  to  issue  the 
same  and  shall  revoke  any  certiticate  that  may  have  heretofore  been  i.ssued. 
l'l)on  revocation  of  such  certificate  or  upon  refusal  to  issue  a  new  cue.  as 
the  case  may  be.  it  sliall  be  the  duty  of  the  Commissioner  of  Pulilic  Ruild- 
in;;s  to  immediately  notify  the  Licen.se  Collector  of  that  fad  and  the  Li- 
cen.se  Collector  sliall  lhereii|ion  i-evoke  the  license,  if  any,  theretofoi'c  is- 
sued by  him  to  such  manager,  lessee,  owner.  ]iro)irietor  or  k(>e|ier  of  sni'h 
IheatcT-.  public  hall  or  place  of  amusement,  provided.  howe\er,  that  ujion  a 
new  certiticate  beiii};  issueil  by  the  Commissioner  of  Public  P.nildin;,'s  stat 
inj;  that  all  the  provisions  of  this  article  have  been  complied  with  by  such 
manaj^er.  Ies.se<'.  owner.  pro|irietor  ov  keeper,  the  License  Collector  shall 
reinstate  smli  revoked  license.      I  III.,  sec.  17."{;  compare  .M.  C..  sec.  4S. ) 

Sec.  lill.  i'«'iial(,Y. — Any  mamif^cr.  lessee,  owner  or  keeper  of  any  thea- 
lei-.  public  hall  or  place  of  jmblic  amusement,  carryiii};  on  the  business  of 
theatricals,  or  keeping;  a  place  of  public  amusi'inent  of  any  kind,  liable  to 
pay  a  license  foi-  sui-h  business  under  any  oi-dimim-e  or  the  City  of  St, 
Louis,  ami  carryin;;  <in  said  business  without  tiisl  ha\in}i  furnished  said 
certilicate  from  the  Commissioner  of  Public  l!uildin;is  and  obtained  a  li- 
cense therefor  or  shall  carry  on  said  business  after  the  revocation  of  his 
liceiis*'.  sliall  be  deemed  ;;tiilly  of  a  misdemeanor,  and  upon  conviction 
thennif  Ih-  lined  in  a  sum  not  less  than  t wen tj-  five  <lollnrs  nor  exeeedinfj 
one  huinlred  dollars,      i ///.,  .sec   174;  compai-e  M.  C..  sec.  40.) 


g08  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  1. 

Sec.  212.  Aisles  <»f  ( heaters  and  all  public  places  of  assemblage 
to  be  kept  free  from  obstruction — doors  to  swinjj-  out\var<l. — 

It  is  licreUy  made  the  diitv  of  every  iimnajicr.  lessee,  owner,  keeper,  or 
ti'iislee  ol'  everv  theater,  hall  ot-  ])la(e  ol'  aimisenient.  or  iiistriictioii.  or  as- 
seiiihlajie,  or  worship,  or  wherever  ])eoi)le  coii'iregate.  to  h.nve  ail  doors  lead- 
ing; from  such  places  to  swiiif;  outward  and  so  hung  as  not  to  obstruct  the 
free  passage  therefrom,  and  it  shall  be  the  duty  of  all  persons  aforesaid  to 
keej)  all  halls,  passageways,  stairways  and  aisles  of  such  places  at  all  times 
fre(>  from  obstructions  of  every  kind,  which  may  prevent  free  egress  there- 
from.    (//)..  sec.  IT.";  corresponds  M.  ("..  sec.  50.) 

See.  213.  8anie — penalty. — Any  manager,  lessee,  owiier.  keeper,  oi 
trustee  of  any  theater,  hall  or  place  of  amusement  or  instruction,  or  as- 
semblage, or  worship,  or  where\er  jieople  congregate,  who  shall  violate,  or 
fail  or  neglect  to  c()m])ly  with  any  of  the  provisions  of  the  preceding  sec- 
tion, shall  upon  conviction  b(»  deemed  guilty  of  a  misdemeanor,  and  shall 
be  fined  not  less  than  twenty-li\-e  dollars  nor  more  than  five  hundred  dol- 
lars.     (//(.,  sec.  IKi;  c<ini])are  M.  ("..  sec.  ~A.) 

See.  214.  Billboards. — Ht-n-after  no  billboard  having  tsventy-five 
square  feet  or  more  of  suilace  shall  be  erected,  altered,  refaced  or  recon- 
structed without  a  permit  from  lh(>  Commissioner  of  Public  Buildings,  and 
the  manner  of  construction,  location  and  dimensions  of  such  billboards 
shall  be  subject  to  the  ajiproval  of  the  Commissioner  of  Public  Puildings, 
in  accordance  with  the  provisions  ol'  this  section.  The  term  •'Billboard'' 
within  the  meaning  of  this  section  shall  include  all  struct\ires  of  whatever 
material  the  same  may  be  constructed,  which  are  erected,  maiiitiiined  or 
u.sed  for  the  public  display  of  jiosters,  painted  signs,  pictures  or  other 
j)ictorial  or  reading  nmtter,  exce])t  that  the  term  "billboard"  shall  not  be 
applied  to  such  signs  as  are  attached  to  the  roofs  or  walls  of  buildings,  as 
|ii-ovided  for  in  section  121  of  this  article.  No  billboard  hereafter  erected, 
altered,  replaced  or  i-econstructed  shall  exceed  fourteen  feet  in  height  above 
the  ground,  and  every  such  billboaid  shall  have  an  ojien  s]iace  of  at  least 
I'oui-  feet  between  the  lo\\-ei'  edge  and  the  ground,  which  s]iace  shall  not  be 
closed  in  any  manner  while  the  billboard  stands;  nor  shall  any  such  bill- 
board api)roach  nearer  than  six  feet  to  any  building  nor  to  the  side  line  of 
any  lot  nor  nearer  than  two  leel  to  any  other  billboard,  nor  shall  any  such 
billboard  exceed  five  hundred  square  feet  in  area,  nor  ai>]iroach  the  street 
line  on  any  street,  alley  or  right  of  w;iy  on  which  anv  lot  fronts  or  abuts, 
nearer  than  fifteen  feet,  but  in  all  cases  where  the  building  line  of  build- 
ings within  fifty  feet  of  the  proposed  billboard  is  more  than  fifteen  feet 
from  the  street  line  or  boundary  line  then  smh  billboard  shall  not  ap- 
jiroach  nearer  to  such  street  line  or  lot  boundary  line  than  the  distance 
that  the  building  line  of  such  buildings  is  from  such  street  line  or  lot 
boundary  line;  and  where  buildings  are  hereafter  built  near  or  adjacent  to 
billboards  such  billboards  shall  be  so  moved  or  cut  otf  as  to  leave  a  sjiace 
of  not  less  than  six  feet  between  the  building  and  such  billboanl.  which 
shall  in  all  other  resi)ects  also  comply  with  the  terms  of  this  section.  Any 
billboard  which  may  now  be  or  iiereafter  become  rotten  or  unsafe  and  any 
billboai-d  which  shall  hereafter  be  erected,  altered,  refaced  or  reconsti'uct- 
ed,  contrary  to  the  provisions  of  this  section  or  any  of  them,  shall  be  re 
moved  or  otherwise  jiroperly  secured  in  accordance  with  the  terms  of  this 
•section  by  the  owner  thereof,  or  by  the  owner  of  the  gnnuid  on  which  such 
billlMiard  shall  stand,  upon  receipt  of  i)roi)er  notice  so  to  do,  as  provided 
in  seciion  ■_'!(>  of  iliis  ai'ti<-le.  foi-  the  reni(i\al  of  unsafe  structures,  and  no 


AUT.  IV.I  lU-ri,l>INiJ    .iil.i:.  (Kig 

rotten  or  iinsiitV  l)ilIlio:ii'il  slijill  lie  rt'pain'd  or  i-clmill  cxccipI  In  aii-onl- 
aiU'O  with  tlic  |)ni\  isiiiiis  of  lliis  section  iind  njioii  ;i  permit  issued  Iroiii  (lie 
Coininissioiiei-  uT  I'lihlic  l'>iiildin<;s.     ( /6..  sec.  170;  eompiire  M.  ('.,  sec.  UO!!.) 

This  section  was  held  voUl  In  the  elroult  court  (St.  Liouis  Gunning:  Advert. 
Co.  vs.  St.  Loul.s.  No.  ll.SI.'..  I>lv.  ti)  luul  tin-  <nsc  l.s  now  pendlMK  on  nppi-nl  In  tlif 
Supreme   Court. 

See.  l!l.'>  l"«'iic«'s,  s«t»'«'I1s,  »'(«*• — Nn  fence,  screen  nr  sti-iiciurc  in  llie 
inilnre  of  a  leiice  wiiii  li  exceed  six  feet  iu  lieij^lit  siiail  hereafter  be  erected 
in  liie  City  of  St.  I.niiis  unh>ss  tlie  same  is  so  constructed  that  tiie  sui-face 
tiiereof  is  at  re;;nlar  intervals  and  in  a  uniforin  inannei'  penetrated  wil.li 
opeiiin-is.  oi-  latliceil  in  llir  extent  of  at  least  liftv  per  cent  nf  llic  area 
tiiereof,  provided,  howi'ver,  liiat  Iliis  section  siiali  not  ajiply  to  fences  con- 
structed wliolly  of  brick  or  stone. 

It  sliali  lie  iiiilawriil  to  erecl  or  niaiiilain  any  fence,  screen,  or  oilier 
striicinre  in  llie  nalnre  of  a  fence  or  screen  exceediiiji  eij;iit  feet  in  iieif;lit 
above  ilie  ground  unless  such  fence  be  conslniclecl  wholly  of  brick,  metal 
or  oilier  lion  roiiiliiisi  ilile  iiiMlcrial.     ilh..  sec  ITS;  coiii]iai('  .\1.  ('.,  .sec.  l!(IS. ) 

Sic.  Jk;.  riisaf<'  strti<*(nr«>s^n<»(i<*«'  (o  itmiox  »>  or  iiiiiUi'  scciirt' 
— roinlcninat ion  cost,  li<»\v  paid  —  lailiirt'  1<>  ('(Miiply  with  iioti«-t> 
luistli-iiu'aiior — penalty. — \\iiiiic\(  r  the  t'onimissioinr  of  I'lililic  Huilil- 
iufrs  shall  )>e  informed  or  have  rea.^on  to  believe  that  any  luiildinfi'  or  otlier 
structure  within  the  City  of  St.  I.oiiis  is  in  a  condition  or  situation  to  en- 
dan-ier  the  lives  of  jiersons  passinj;  or  residiiio;  in  the  vicinity  thereof,  or 
to  eiidanjrer  property,  he  shall  immediately  jiroceed  to  make  a  survey  or  ex- 
amination of  said  buildino;  or  other  structure,  and  if,  in  his  opinion,  said 
buildin<;  or  other  slriiclnre  is  in  a  condition  or  situation  to  endano-er  the 
lives  of  persons  or  injure  [iropcrly.  he  shall  iiolify  the  owner  or  owners  of 
such  buildinj;  or  oilier  structure  to  lia\e  the  same  removed  or  otherwise 
proi>erly  secured  \\  ithin  three  days  after  service  of  such  notice,  and  should 
said  owner  or  owners  fail  to  comply  with  said  notice  it  slnill  be  the  duty  of 
the  Commissioner  of  I'ublic  Itiiildiiijis  to  ju-oceed  forlhwitli  lo  lia\-e  the 
same  secured  so  as  lo  render  it  safe  unless,  in  his  jiidjrmeiii.  iln-  same  can- 
not reasonably  be  secured  or  rendered  safe,  in  which  case  he  shall  demolish 
and  remove  the  .same,  or  so  much  tiiereof  as  may  be  necessary.  The  cost  of 
seciirinj;  said  building'  or  other  structure  or  deiiiolishino;  (he  same,  or  any 
part  thereof,  by  the  Commissioner  of  I'ublic  r.iiil(liiio;s,  shall  be  jiaid  in  the 
first  place  by  the  city  out  of  ;i  continjjent  fund,  for  which  there  shall  be 
made  an  annual  appropriation  of  not  less  than  one  thousand  dollars  for  the 
piii'|>o.ses  here  desij;iiated.  'flic  ( 'omptroUer,  upon  receijil  of  a  certiticate 
from  the  Commissioiiei-  of  I'ublic  Hiiildin<;s  of  the  amount  expended  by 
him  for  the  .seciirin;;  or  demolishing;  of  any  such  biiildin<j;  or  other  structure, 
which  certificate  shall  be  aiijiroved  by  the  Mayor,  .shall  then  make  out  bills 
for  said  work  afjainst  the  owner  or  owners  of  said  buildin>;  or  other  struct- 
ure. In  case  said  bills  are  mil  paid  ii])oii  jiresentalion  they  shall  be  ]ilaced 
in  the  hands  of  the  City  Attorney  or  iu  the  liamis  of  some  oflicei-  of  the 
law  department,  who  shall  proctvd  to  collect  the  same,  by  suit  if  nece.s.sary, 
and  the  amounts  when  collected  shall  be  credited  to  said  continpent  fund. 
Kvery  such  owner  who  shall  fail  to  comply  with  the  requirements  of  the 
notice  hereinlH'I'ore  in  this  .section  provided  for.  shall  1m'  guilty  of  a  mi.sde- 


glO  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  1. 

lueaiior.  and  upon  convict iuii  tlicicor  shall  he  fined  not  less  than  twenl.v- 
flve  nor  more  than  live  liundred  <lollai-s.  {lb.,  sec.  17'J;  compare  M.  <".. 
sec.  250.) 

The  former  ordinance  (M.  C.  sec.  2.=>0)  sought  to  extend  the  duty.  Imposed 
on  the  owner,  also  to  the  agent;  to  this  extent  it  was  held  void  as  transcending 
the  provisions  of  the  Charter.  Art.  Ill,  sec.  26.  subd.  12.  covering  the  subject 
matter  of  repairing  and  removing  dangerous  buildings,  and  as  not  authorized 
by  subd.  5  of  the  same  section  providing  for  the  licensing,  taxing  and  regu- 
lating the  business  of  real  estate  agents:     St.  Louis  vs.  Kaime.  180  Mo.  309. 

Sec.  217.  Same— notice,  how  «>iven— interference  with  f?ivinji' 
notice  iiiisdenieanor—  penalty. — The  notice  to  the  owner  of  buildiii"-  or 
structure  found  to  be  danj;erous  by  the  Commissioner  of  Public  Buildiujis. 
as  provided  in  section  21(),  slnill  be  directed  to  the  owner  or  owners  of  such 
buildiiiiis  or  other  structures  by  name,  if  known;  if  not  known  then  under 
the  desionation  of  the  owner  or  owners  ol'  the  l)uildiii<i  or  structure  desi^- 
natiu<>'  it.  and  may  be  served  in  any  one  of  the  I'ollowing  ways: 

First — l!y  caiisiii"-  said  notice  to  be  deliv'ered  to  such  owner  either  in 
the  ("ity  (jf  St.  Louis  or  elsewhere. 

Or.  .second,  Ity  postiu}^  a  copy  of  such  notice  iijioii  tjie  i)uildiiig  or  other 
slruclure.  said  notice  to  be  deemed  served  at  the  end  of  twenty-four  hours 
alter  the  posting  tiiereof. 

Or,  tiiird,  by  uiailino  sucJi  notice,  or  copy  thereof,  enclosed  in  a  sealed 
envelope,  postage  prejiaid,  directed  to  such  owner,  either  at  his  business  or 
residence  address  in  this  city  or  elsewhere,  said  notice  to  be  deemed  served 
tweuty-four  hours  after  the  mailing  of  said  notice,  in  case  it  is  directed  to 
the  business  or  residence  address  of  the  owner  in  the  ("ity  of  St.  Louis. 
Provided,  that  if  the  said  owner  or  owners  be  inni-residents  of  tlie  City  of 
St.  Louis,  and  have  no  business  addi-esses  or  offices  in  the  City  of 
St.  I,ouis.  then  the  said  notice  shall  be  deeme  1  served  at  the  end  of  such 
])eriod  alter  the  mailing  thereof  a.s  in  the  ordinary  citnrse  of  transmission 
of  the  mails  by  the  United  States  (jovernment  would  be  required  for  the 
receipt  of  said  notice  Iiy  the  owner  or  ownei-s  at  their  jilace  of  resident  e  or 
business. 

Or.  fourth,  by  itublication  in  the  newsjiaiters  doing  (he  city  printing, 
said  notice  to  be  deemed  served  twenty-fonr  hours  after  ]iublicatioii. 

In  cast'  such  building  or  othei^ structure  is  in  the  ()ccu]iancy  of  a  tenant 
or  tenaiils  il  shall  be  th(>  duty  of  tlie  Conimissioner  of  Public  IJuildings 
to  post  a  cojiy  of  such  notice  njion  such  building  or  other  striiclni-e. 

livery  person  who  shall  attem]it  to  ]irevent  tlie  Coiinnissioner  of  Pub 
lie  P.uildings.  or  any  other  emiiloye  of  the  City  of  St.  Louis,  from  jiosling 
such  notice  on  such  building  or  other  structure,  or  shall  remove  said  notice 
or  mutilate  il  nr  deface  it,  within  four  days  after  the  same  is  ])OSted,  unless 
in  the  meantime  such  building  or  other  structure  has  been  pnt  in  a  safe 
condition  oi'  been  deinolished,  shall  be  guilty  of  a  misdemeanor,  and  uiion 
conviction  thereof,  shall  be  fined  not  less  tlinn  twenty  five  n(>r  luorc  than 
five  hundred  dollars.      (//).,  sec.  18(1.) 

Sec.  218.    Same — ajjent  |)ro)iil>ite«l  to  rent  or  lease — i)enalty — 

No  agent  of  tlie  owner  of  any  building  oi-  other  structure  shall,  after  notice 
from  the  Commissioner  of  Public  Buildings  that  such  building  or  other 
structure  is  unsafe  or  dangerous,  rent  or  lease  the  same  or  any  ])art  tlien^of. 
or  collect  any  rent  therefor  until  such  building  or  other  structure  shall  be 
rendered  safe  and  secure  or  shall   be  demolished.      I->verv  aiient   who  shall 


AKT.  IV.I  BUIUJING     OIDK  gU 

violate  aii.v  iif  tlio  jirovisioiis  of  (his  scilioii  shall  he  j;uillv  of  a  iiiisde- 
iiit'aiiKi'  ami  iipoii  (•(iiiviction  Ihcrt'of  shall  Itc  tiiu'd  mil  less  than  tweutv-live 
iKii-  iiKirt'  than  live  hiimlrcil  ilollars.  [lb.,  sec.  liSI  ;  coniparc  M.  C.,  sec. 
251.',) 

Scf   note   to  Sfi'.    216  ju/>mi 

Sec.  219.  Costs,  how  |»:ii<l — lit'ii  on  projuM'ty  of  «l«'liii(|ii<>iit 
owner— vi«)latioii  niis«l<>ni<'iinoi'  _p«'nall.\. — The  r<>iiiiiiissi<>m  r  of 
I'lililic  Hiiildinu's  shall  liuv.'  pnwrr  to  ri'c|uirc  all  |iri-soiis  to  eorccct.  remove,  or 
ahate  aiiv  slate  of  thiiij;s  iloiie.  caiisetl  or  pciinil  led  hv  them  in  violation  of 
this  article;  and  he  shall  njion  a  failure  to  com|d.v  with  the  rctiuirements 
of  this  article,  when  the  i)ublic  interest  may  so  require,  correct,  remove  or 
ahate  the  same  and  all  costs  attendinj;  such  action  in  such  cases  shall  be 
paid  from  the  continp'iit  fnnd,  as  provided  in  section  21<i,  and  then  col- 
lected from  the  jiaiMy  olVendiiifr  as  thei'e  provided,  and  the  same  shall  also 
be  a  lien  aj;ainsi  the  pro|)erly  whereon  such  violation  was  |iermitted  to  ex- 
ist, to  lie  collected  as  provided  by  law  for  liens  in  such  cases;  and  any  per- 
son, linn  or  corjioration.  who  shall  refu.se  or  nefjlevl  to  comply  with  the 
provisions  of  this  section,  or  who  shall  violate  any  of  the  provisions  thereof, 
shall  be  deemed  j;nilty  of  a  misdemeanor  and  shall  b(>  subject  to  the  [lenalty 
as  pnivided  in  section  L'lM.      (lb.,  sec.  182;  comjiare  M.  (".,  .sec.  G8.) 

Sec.  220.  Duties  of  police. — It  shall  In-  and  is  hfi-cl)y  made  tlie  duty 
of  the  ](olice  fiU'cc  of  the  City  of  St.  Louis  to  report  to  the  Commissioner  of 
I'lililic  l>uildinj;s  any  violation  of  the  provisions  of  this  article  occurring 
ujion  the  respective  beats  of  policemen,  {lb.,  .sec.  1S:{;  corresponds  M.  ('., 
sec.  2.il.) 

Sec.  221.  Penalty  where  none  other  provided. — .\ny  person  who 
shall  violate  any  of  the  pro\isions  of  ihis  article  shall  be  deenuMl  guilty  of 
a  misdemeanoi'  and  upon  conviction  thereof  shall,  in  cases  where  no  specitic 
(MMiallies  ai'e  hei-ein  iirovided.  be  ((unished  by  tine  of  not  less  than  li\e  nor 
more  than  live  hundred  dollars.  \lb..  sec  1S4;  compare  .M.  0.,  sees.  72 
and  2.V_'.  I 

Sr.  .  'J2_'.  I)iit>  of  ("onnnissioner  to  enfon-e  ordinance — will- 
ful failure  of  ««)nimissioner  or  siil»or<liiiii(«'  <-aiiNe  for  removal. —  It 

shall  br  till-  duty  of  thi'  Commissioner  of  I'ublic  HuildiuLrs  to  see  that  the  provi- 
siiuis  of  this  article  are  enforced.  .Vny  willful  failure  to  enforce  said 
pi-o\  isions  on  the  part  of  the  Commissioner  of  I'ublic  r>uildin<;s,  or  any 
subordinate  in  his  office  shall  be  din-med  a  suflicienl  {{round  for  removal 
from  office  of  any  of  said  offi<Mals.     i  lb.,  sec.  18.^.) 

I 
Sec.  223.  Uoilin<;  intlaiMinal>le  suhstanee. — No  person  shall  in  this 
city  boil  any  pitch,  tar.  i-osin.  lui-peiitine.  vai-nish  or  other  inllammable  sub- 
stance, nidess  the  saini-  be  done  in  an  open  place  at  least  thirty  feel  distant 
from  any  buildin!;.  boat,  vessel  or  other  jirojierty  that  mifrhl  be  injured 
thereby.  oi-  in  a  fireproof  bnildin;;;  provided,  however,  that  I'oi-  roolin;;  or 
roof  repairinji  the  nmterials  necessary  therefor  amy  be  boiled  in  the  road 
way  immcfliately  adjoining  the  curbstone,  except  that  no  fii'es  shall  1m'  built 
upon  any  hii,diway  or  stre<'t  paved  with  asphaltum.  i //)..  sec.  1S(>;  compare 
ord.  2(iT.'{2;  corresponds  to  M.  ('..  sec.  58.) 

Tin-  ordlniint')'  lr>  thf  Hiiiin'  an  tliat  In  M.  C.  sor.  fiS.  but  thi.s  lattt-r  wnn 
nmi'ndfd  by  ord.  2073'.'.  npprov.'d  Jun<-  23.  1902,  pi^rnilttinK  liollInK  of  mnti-rlnls 
for  rooflngr  on  brick,  xmnlt**  or  wood  pnvpments.  wh^n  covered  with  eighteen 
Incheii  of  rlnders.  Thin  latter  orrilnanre  In  not  referred  to  In  the  new  bulldlne 
ordinance   as    repealed    In    express    terms    (Charter.    Art.    III.    sec.    28). 


612  REVISED   CODE  OR  GEXERAI.  ORDINANCES.  [CHAP.  1. 

See.  2l'4.  Burning  matter  in  street  prohibited.— No  pt  rson  .slmll 
burn  any  sliavinus,  leaves.  riil)hisili  or  uther  matter  in  any  street,  alley  or 
thorotiglirare  or  public  jilace  or  near  any  inhabited  place  in  this  city.  (Ih.. 
sec.  187;  corresponds  .M.  ('..  sec.  50.) 

See  sees.  597  and  1242. 

See.  22.J.  Use  ^t{  lijylit  in  .stables — Xo  owner  or  occupant  of  a 
livery  or  other  stables  iu  this  city  shall,  by  himself  or  those  in  his  employ, 
use  therein,  or  iu  any  place  containing-  hay,  straw  or  other  condKistible 
matter,  any  lighted  candle  or  other  light,  except  the  same  be  securely  kept 
within  a  tin  or  glass  lantern.     {lb.,  sec.  1S8;  corresojinds  i[.  C,  sec.  (10.) 

Sec.  22G.  Keeping-  luiy  or  stra-\v.— No  person  .shall,  except  outside 
of  the  fire  limits  in  this  city,  luive.  put  or  I<eep  any  hay  or  straw  in  sack  or 
pile  without  having  I  he  same  enclosed  or  secured  so  as  to  protect  it  from 
flying  sparks  of  tire,     i  [h..  sec.  189;  coi-responds  M.  C,  sec.  61.) 

Sec.  227.  Burning-  eoal  or  brand  to  be  protected.* — No  person 
shall  in  this  city  carry,  or  cause  to  be  carried,  in  any  street  or  thoroughfare 
any  burning  coal  or  brand,  unless  the  same  bo  shut  up  in  a  covered  vessel. 
Uh..  sec.  I'.MI;  corresponds  M.  C".,  sec.  02.1 

Sec.  228.  Firearms  not  to  l)e  discliarged— permission. — No  per- 
son, not  being  a  member  of  the  police  force,  or  on  duty  iu  a  military  coips,  and 
acting  under  orders  from  the  connnander  thereof,  or  not  being  a  manufac- 
turer of  flrearms,  and  trying  or  proving  articles  manufactured  by  him,  so 
as  not  to  endanger  or  injure  persons  or  jn-operty  in  the  neighborhood,  shall 
discharge  any  kind  of  tirearms  in  this  city,  and  then  only  by  permission  of 
tlie  Mayoi'.      {Ih..  sec.  I'.tl  ;  corresiionds  to  sec.  (U  of  M.  (".) 

I.s  tlii.s  and  following  two  sei-tions  g-i-rmane  to  tliv  siibj^^i-t  matter  as  in- 
dif'ated   in   thr   title  to  tlie  building  code  ordinance? 

See.  229.  Pyroteclinie  disjilays— permis.sion. — NO  i)ei-s(m  .shall,  in 
this  city,  discharge  or  set  otf  any  rockets,  or  any  other  pyrotechnic  exhibi- 
tion without  the  written  consent  of  the  Mayor,  specifying  the  place  and 
time,  where  and  when  the  same  may  be  done.  (lb.,  sec.  192;  corresjwnds 
M.  C  sec.  G.').) 

.\n  ordinaiice  proliibiting  explosion  of  fii-e-crackers.  squibs,  roman  candle.s. 
pin-wheels,  or  otlier  combustible  device,  without  written  consent  of  the  Mayor 
specifying  tlie  time  and  place  is  valid;    Centralia  vs.  Smith,   103  Mo.  App.   4.*J8,  440. 

Sec.  230.  Fire  craelters,  ete.— No  person  shall  in  this  city,  fire  or  set 
off  any  squib,  ciacker  or  other  fireworks  not  jirevioiisly  (iesignaled.  ilh.. 
sec.  193;  corresponds  M.  ('..  sec.  (id.) 

Sec.  231.  Flues  or  eliimneys,  cleaning  and  burning. — Tin  owiur 
or  occupant  of  any  house,  sliojt  or  other  building  in  this  city  shall  cause 
the  Hues  or  chimneys  thereof  to  be  s\ve])l  or  burned  out  as  often  as  may  be 
re(iuisit(»  to  keej)  the  same  clean:  in  case  of  burning  out  a  llue,  it  shall  be 
done  in  the  daytime,  and  only  when  a  rain  is  falling  or  when  the  rc)of  of  the 
building  is  covered  with  snow.  If  ,iiiy  person  shall  cause  the  Hues  of  a 
lK)Use  occupied  by  him  to  be  tired  at  any  otlier  time  than  herein  exjiressed, 
he  shall  be  liable  to  the  peuiillies  herein  ju-escribed.  i//(.,-sec.  194;  corre- 
sponds .M.  ('.,  sec.  r>7.) 


AKT   IV.I  OK  CITY  SURVEYORS.  (;13 

SiM'.  2'.i'2.  KtM'piiix  ''I  ''i'>  1  «'(<•.,  IM'I  i'ol«-iiin,  «>(<•. — Ml  Imy.  rutimi  m- 
lu'iri|i  ill  liiili's  ur  in  bulk  I'of  tlic  |iiii-|i()S('  of  lulling,  or  to  be  used  for  niami 
fnclnriii};  jmi-posi's  ami  also  all  nu(k'  {u-lrokniiii,  napllia,  beiiziiii'.  fiasoliiii-. 
or  coal  oil.  Ill-Id  w  illiiii  ihc  lir<'  limits,  as  (Iclincd  in  this  article,  shall  be  kcjit 
stored  ill  siiilablc  and  substantial  brick  or  slonc  biiildiiifis,  wliicli  shall  be 
buildings  of  lii'sl  class.  Nothing  licrcin  contained.  Iiowcmt.  shall  be  so  con- 
strued as  to  |irevent  hav  from  beiti;;  Ueiil  in  stable  for  imniediale  use,  or 
hay  kept  in  feed  stores  and  baled  in  iniantities  in  not  excei'dinj;  ti\e  hundred 
bales,  or  coal  oil  of  tlie  approved  State  slaiulard  (one  hundred  and  ten  dc- 
•irees  Falireidieit  I .  duly  ins|pe(ted.  mil  exceedinj;  ten  liarrels  in  ([uantity, 
from  beinj;  kejit  by  any  ]iersoii  for  reiailing  or  jobbiiiL;  |im|ioses.  i //).,  sec. 
l!i."i:  iiirresponds   .M.  ('..  .•<ec.  (i!).  i 

Sec.  .*;{:>.  Potrolrum,  «■(<•.,  .sloriii}; — siyn  (lis|>la><Ml.  rcUdleiim, 
iia|itlia.  ben/.ine.  ^Msoline.  I  ui'|>ciit  Inc.  varnish  and  coal  oil  shall  he  stored  in 
first  class  buildinjis  only,  wliicli  shall  be  designated  by  the  <\)nimissiouer  of 
I'ulilic  Buildings,  and  a  sign  shall  be  considcuously  jdaced  on  tlie  oiifsido 
of  all  buildings,     i //»..  sec  liMI;  coi'respomis  M.  C.  sec.  Td.i 

Sec.  2;M.    rotroItMiiii,  I'tc,  hali'tl  hay,  etc.,  rciiuuai  Iroiu  tlcpot. 

— All  petroleuni  or  coal  oil.  na|(llia.  turpentine,  gasoline,  baled  hay.  col  Ion 
and  liemit.  shall  be  removed  from  the  respective  railroad  dejiots  within 
forty-eight  hours  from  the  time  the  same  is  I'eceived  at  llu'  depot.  The  jiro- 
visions  of  this  sectiiui  shall  not  be  held  to  iire\eiit  the  eslablishmeiil  of 
manufactories  of  hemp  in  the  City  of  Si.  Louis:  provided,  that  the  buildings 
for  said  ]mrpose  shall  be  so  constructed  as  to  be  Imildings  of  the  tirst-elass. 
I //*..  .sec.  I'.tT;  corres|)onds  M.  ('..  see.  71. 1 

[See.  234a      Additional  provisions. •! 

•■■VfttT  till'  ciiai'tiiu'iit  of  the  Revised  Co<lo  (and  hence  too  Inte  to  be  Incor- 
porated therein)  live  new  sections  were  added  to  the  building  code  law.  which  If 
they  had  been  enacted  In  time  to  become  part  of  the  Revised  Code  would  appear 
lmmedlat«-ly  after  sec.  234.  The  above  designation  "Sec.  234a.  Additional  Pro- 
visions." Is  not  a  part  of  the  Revised  Code,  but  Is  Inserted  as  a  convenience  to 
call  attention  to  the  additional  ordinance.  The  ordinance  addlUK  these  sections 
Is  No.  23013.  approved  April  1st.  1907.  the  provisions  of  which  "govern  and 
rcKulnte  the  composition,  strength,  resistance  and  use  of  concrete  and  re-enforced 
concrete,  used  In  the  construction^  erection,  reconstruction,  niodillcatlon.  alter- 
ation and  repair  of  buildings  In  the  City  of  St.  Louis."  See  the  ordinance  set 
out    In    full    In    the   appendix    to   the    Revised   Code. 


CHAPTER  2. 

OF   CITV    SURVEYORS. 

See.  2.'}.'i  \p|ioiiil  iiifiit  of  ^iii'\  f\oi's  _p(»\\«'iVN  aiitl  (liili«'s. — 
Till'  Mayor,  by  ami  willi  the  approval  of  the  (.'oiineil.  may  appoint 
any  number  of  eonipeteut  jiersons.  wlio  shall  be  civil  engineers,  as 
city  sni-veyors.  who  shall  possess  all  the  powei-s  and  pei-forni  the  duties  of 
county  .mirveyoi's.  as  now  provided  by  the  laws  of  the  Slate  of  Missouri 
applicable  to  counties  liavin;;  over  one  hundred  thou.sand  inliabitauts.  I  M. 
r..  sec.  254.) 

See    Scheinr.    .v.-i .     lii       i  ..mi..  !•  .i   >     ..i     ^.lll>..w.ls    US    wllnesses:      Jolinsoii    vs. 
Boonvllle.   S5  Mo.   App.    199. 


614  REVISED   CODE   OR  GENERAL  ORDIN.-VXCES.  [CHAP.  2-3. 

Sec.  236.  Bond. — Each  city  surveyor  so  appointed  .shall  trive  a 
jioud  aud  sut'ficieut  bond  to  the  city  in  the  sum  of  titteen  thousand  dollars, 
conditioned  that  he  will  faithfully  perform  the  duties  of  city  surveyor  un- 
der said  appointment,  which  bond  must  be  executed  by  the  appointee,  and 
at  least  two  good  sureties,  to  be  apj)roved  by  the  Mayor  aud  Council,  and 
no  such  bond  shall  be  approved  unless  each  of  the  sureties  thereon  be 
the  owner  of  real  property  assessed  at  not  less  than  one-half  of  the  amount 
of  the  bond.     ( M.  C.  sec.  255.) 

Sec.  237.  Actions  on  bonds. — Any  person  who  may  employ  such  city 
surveyor,  and  who  may  sustain  loss  or  damage  by  reason  of  the  negligence, 
incompetency  or  misconduct  of  such  surveyor,  shall  be  jiermitted  to  brinj; 
an  action  on  the  bond  of  such  surveyor  in  his  own  name  in  any  court  hav- 
ing jurisdiction  in  the  j)remises;  provided,  that  any  such  action  shall  be 
brought  within  five  year.s  after  the  expiration  of  the  commission  of  such 
surveyor.     (  M.  C  sec.  256.) 

Action    on    bond    of    city    surveyor;     Haugliey    L.    &    U.    Co.    vs.    Joyce.    41    Mo. 
App.    564. 

See.  238.  Term  of  office  and  fees. — The  city  surveyors  so  ap- 
pointed shall  be  commissioned  and  hold  office  for  the  term  of  four  years 
from  the  respective  dates  of  their  respective  commissions,  and  they  shall 
be  allowed  to  charge  for  their  services  the  same  fees  now  allowed  to  county 
surveyors  by  an  act  entitled  "An  act  to  amend  chapter  twenty-seven  of  the 
general  statutes  of  the  State  of  Missouri  relating  to  county  surveyors,"  ap- 
proved March  twenty-fifth,  eighteen  hundred  seventy-two.     (M.  C,  sec.  257.) 


CHAPTER  3. 

OF  CORONER    .VND    MORGUE. 


Article  I — Of  Coroner. 
II — Of  Morgue. 


AHTICLI-:  I. 

OF  CORONER. 

Sec.  239.  Qualifications  and  term  of  Coroner.— The  (H)rouer 
shall  possess  the  qualifications  j)rescribe(l  in  section  ten,  article  four,  of  the 
charter,  and  he  shall  be  elected  by  the  (jualified  voters  of  said  city  al  the 
general  election  when  rejiresenta fives  are  elected  to  the  general  assembly  of 
the  state,  and  shall  hold  his  office  for  two  years,  and  until  his  successor  is 
duly  elected  and  (pialified.     (  M.  ('.,  sec.  258.) 

Sec.  240.  Certificate  of  election. — The  register  shall  give  to  the 
coroner  a  certificate  of  his  election,  authenticated  by  the  seal  of  the  city. 
IM.  ('..  sec.  25!».  t 

Sec.  241.  Bond. — Befoiv  the  coroner  shall  enter  upon  the  duties  of  his 
office  he  shall  give  bond  to  the  State  of  Missouri  in  the  sum  of  ten  thou.sand 
dollars,  conditioned  for  the  faithful  iierforniance  of  the  duties  of  his  office. 


ART.  I.)  OK  CORONKR.  015 

wliicli  lioiid  slijill  he  ;i|i|ir(i\t'(l  li.\  llic  .Mavtir;  said  lnniil  shall  lie  sijinnl  li_v 
iwo  (ir  more  si-ciirilics.  wlui  shall  he  lioldci's  of  iiniiicuinlu'rcd  real  csiaic 
«illiiii   I  he  cilv.      (  M.  ( '..  sec.  L'dO. ) 

Sec.  242.     ViU'sinr.v  in  <»(li<*«',  if  Ixnul  iiol  fjivni  — new  <'I(><-tioii. 

—  If     thi roller     iie-rieet      to     i;ivc      liiiud     and     i|iialit'y     within     luciily 

days  aller  iiis  eleetioii  his  ol'liee  shall  he  dceinetl  vacant  and  the  .Mavoi-  shall, 
hy   ])i-oelanialion.  order  an  election   lo  till   such   vacancy   for  the  nnexpired 
term   lln'reot".  to  Im-  hidd  on  some  day   nanie(l   in  snch  ordei-.   not    less   than 
iweniy  nor  more  than   Ihirly   days  next  alter  ihe  issninji  of  the  |p|-oclania 
lion.      I  .M.  ('..  .sec.  L'til.  i 

Sec.  24:i.  I'owiTs  and  autliority.— The  coroner  shall  have  and  I'xer- 
ci.se  within  tin-  liniils  of  the  City  ot  Si.  Lonis  ail  the  power  and  authority 
wiiidi.  by  till*  fieiieral  laws  and  statutes  of  the  State  of  Mi.ssouri.  are  ve.sted 
in  tlie  coroner  of  the  several  counties  of  the  state,  and  also  all  the  jxtwer 
and  auihoriiy  \\hich,  hy  special  laws  a|>|)lical)le  to  St.  Louis  county,  were 
vested  in  Ihe  coroner  of  said  county,  at  the  time  of  the  se|iai'al  ion  of  said 
county  from  the  Cily  of  Si.  Louis,  so  far  as  tlie  same  do  ik)!  conlliil  «ilh 
the  charier  of  St.  Louis,  and  the  said  coroner  shall  he  suhjecl  to  all  the 
duties  aiul  ohlii^ai ions  imi)osed  upon  the  coroners  by  the  {general  aud  .s]K'ciul 
laws  aforesaid.     '  .M.  ('.,  sec.  2ti2.) 

In  accordance  witli  tlie  act  ot  May  2.  1S77  (amended  laws  1S93,  p.  117).  When 
coroner  to  dlsiliarge  slierllt's  duties — "The  coroner  shall  discharge  the  duties 
of  the  sherllT  In  all  cases  In  which  coroners  are  authorized  to  discharge  those 
duties  by  law."  Scheme,  sec.  n.  The  coroner  Is  the  proper  officer  to  serve  and 
execute  all  writs  and  precepts  and  perform  all  other  duties  of  the  sheriff, 
when  the  latter  is  for  any  reason  disiiualitled  from  performing:  the  duties  of 
his  office;  State  vs.  Smith,  90  Mo.  31.  When  the  office  of  sheriff  becomes  vacant 
by  death  or  otherwise  the  coroner  is  authorized  to  perforin  the  duties  thereof. 
2  R.  S.  Mo.   1899.  sec.  10050   (see  citations  to  R.  S..  this  section). 

Sec.  244.  DopntioM  and  Constable. —Tlie  coroner  may  ai>poiiit  two 
deputies  and  one  constable,  whiih  laller  shall  also  act  as  clerk,  to  be  ap 
proved  by  tlie  Mayor.  TIhm'  shall  hidd  their  positions  duriiiji  jjood  behavior 
but  may  In-  removed  for  cause  by  Ihe  .Ma\or  or  liy  the  cor(nier  at  his  ]deas- 
ure.  and  their  salary  shall  cease  and  determine  from  and  after  Ihe  date  of 
removal.  The  depiilies  shall  lake  Ihe  same  oath,  possess  the  powers  and 
|>erforni  Ihe  same  duties  as  the  coroner.  The  coroner  shall  be  resiionsihle 
for  all  tlie  official  ads  of  his  em])loyes.      (XL  ('..  sec.  263.) 

See  I.diws    IS9.1.   p.    117.  aulhitrlzing   the  appointment  of   two  deputies. 

Sec.  24.5.  Salaries.  -The  salary  of  the  coroner  shall  be  at  Ihe  rate  of 
lliirtyfive  hundred  tlollars  jier  aiiniiin.  The  salary  of  the  deputy  coroners 
.«hall  l)o  at  the  rate  of  eif;lite<'ii  hundred  <lollars  per  auiium  each,  and  the 
salary  of  the  constable,  also  actiii};  as  clerk,  shall  be  at  the  rate  of  twelve 
hundred  dollars  per  annum.  These  salaries  shall  1k'  jiayable  monthly,  and 
shall  be  ill  full  compeiisaiion  for  all  services  of  an  official  character.  iM 
C.  sec.  2liLi 

Sec.  24»i  Porter  may  Im'  apiMHiiled  — salary.— The  coroner 
is  hereby  authorized,  by  ainl  willi  ihe  ap|pio\Ml  of  llic  .Mayor,  to  ap|>oiiit  a 
porti-r  to  perform  and  ren<li-r  su<h  .services  in  and  mImmiI  Ihe  coroner's  oftice 
as  be  may  from  lime  to  time  Im-  directed  by  the  coroner  lo  perform,  and  a 
part  of  said  porter's  duties  shall  l)o  to  maintain  the  coroner's  oftice  in  a 
clean  and  well  kejit  condition.     Said  employment  shall  lie  at  the  jileasiire  of 


616  KKVISKD   C01)l':  OR   GKNKRAL  ORDINANCES.  (CHAP.  3. 

the  coroner,  and  for  his  services  the  iioricr  sliull  receive  the  sum  of  tifty 
dollars  inonthlv,  at  the  eud  of  each  niorilh  of  liis  eniplovment.  (  M.  <".,  sec. 
265.) 

Sec.  247.  Ijocatioii  of  ofticc — hours. — The  offlcf  of  the  cor- 
oner shall  he  in  the  city  hall  Imihlinji.  and  shall  be  open  for  the  transaction 
of  business  from  eight  o'clock  a.  m.  to  six  o'clock  p.  m.  from  the  first  day  of 
.\p7-il  to  the  first  day  of  October,  and  from  nine  o'clock  a.  ni.  to  five  o'clock 
p.  m.  from  the  first  day  of  Octolier  to  the  tirst  day  of  April.  (M.  C.  sec. 
■2(W.) 

See  Cliarter.   IV.  .sec.   11.  and  note. 

Sec.   24S.     Entire   time   to   be    devoted    to    «luties   of  office. 

—The  coroner  and  his  deputies  shall  devote  their  entire  time  duriiii;  Imsi- 
iiess  hours  to  the  duties  of  their  offices,  and,  failiiij;  in  this,  they  shall  be 
removed  or  suspended  by  the  Mayor  or  Council,     i  Jl.  C,  sec.  207.) 

Sec.  249.  Burials,— Whenever  an  in(piest  shall  be  held,  if  there  be 
no  friend  or  relative  of  the  deceased,  nor  any  person  willing  to  bury  the 
body,  nor  any  person  \\hose  duty  it  is  to  attend  to  such  burials,  the  coroner 
shall  procure  a  cheap,  plain  coflin  and  cause  a  grave  to  be  dug  and  the  body 
to  be  conveyed  thereto  and  buried.  It  shall  be  the  duty  of  the  coroner,  in  so 
doing,  to  avoid  all  unnecessary  expenses  and  to  render  to  the  Mayor  an 
accurate  statement  of  all  money  expended  by  him  for  such  ])urposes.  and 
the  Mayor  shall  make  to  him  a  reasonable  allowance  for  the  actual  expenses 
in  procuring  the  coffin,  haiding  the  body  to  the  grave,  digging  the  grave  and 
burying  the  body,  and  shall  certify  such  alk)wance  to  the  auditor,  who  shall 
audit  the  same  and  draw  his  warrant  ui)on  the  treasurer  for  the  same.  iM. 
('.,  sec.  I'C.S. ) 

Sec.   250.      Dead    l>od,v    in    river— eonipensation    for    brinji- 

iiij»'  ashore. — If  a  dead  body  be  found  floating  in  the  river  the  coroner 
may  in  his  discretion  ]tay  to  some  person,  for  bringing  it  to  the  shore,  n 
sum  not  ex<eeding  two  dollars,  which  shall  be  allowed  to  him  by  the  Mayor 
and  jiaid  in  the  usual  manner.     i.M.  <"..  sec.  209.) 

Sec.  251.  Stenojjrapher. — The  coroner  shall,  by  and  with  the  ap- 
proval of  the  ]Mayor,  appoint  a  shorthand  reporter,  who  shall  be  jtaiil  one 
hundred  and  fifty  dollars  a  month;  and  whose  term  of  office  shall  be  co- 
extensive with  that  of  the  coroner  who  ajipoints  him.  The  apjiointmeni 
of  the  shorthand  I'ejiorter  herein  provided  for  shall  be  made  immediately 
after  the  coroner  qualifies.  Said  shorthand  reporter  may  be  removed  at 
any  time  by  the  coroner,  and  when  so  removed  a  successor  shall  be  ap- 
pointed, as  herein  above  ]irovided.  for  the  remainder  of  the  term.  iM.  O., 
sec.  27(1. 1 

Sec.  2."')2.  Same — tliities.  — It  shall  be  the  duty  of  the  shorthand  re- 
porlci-  lo  lake  all  testimony  at  inquests  when  and  where  the  coroner  re- 
quests liini  so  (o  do;  to  furnish  (yjiewritten  transcripts  of  such  testimony 
for  the  use  of  the  coroner's  office  and  I  lie  courts  in  which  they  ma.\  be 
needed;  an<l  to  do  such  other  shorthand  work  as  may  be  re(piir(>d  by  th(! 
coroner,  lie  shall  also  furnish  certifii'd  copies  of  testimony  so  taken  ujion 
the  order  of  the  coroner  to  any  cilizen  who  may  ask  for  it.  upon  payment 
foi-  such  cojiies  at  a  rate  of  not  more  than  fifteen  cents  for  one  hundred 
Words.     The   fee  so  chaige(l  shall   be  collected   by  the  coroner,  who  shall   at 


AHT   III  OK  MORGUE.  617 

llie  t'lid  of  iMcli  iiiiiiilh  rcmli'i'  in  llic  cuiniil  rollci'  ;i  ridrccl  aiiiuiiil  iif  siicli 
colU'i'tidiis.  and  shall  al  tlit-  same  lime  \>;\\  lo  lii(>  treasurer  ilic  amniiiil  so 
I'lilli'i'ted  ilnriiif;  llic  iircccdiii;;  iiuniili.     t  M.  <'..  sec.  I'Tl.) 

Sec.  25:!.  Assistants  to  stoiiojfraplier.  Shdiiid  it  become  iioc- 
essarv  at  any  lime,  for  tlie  |(ro]ier  coniroi  of  the  roroner's  ot'tiee.  to  pi'ovide 
assistants  to  the  iviiular  slKH'lhand  i'e|iorter,  the  coroner  may.  with  the 
ciinsent  of  the  comptrollei'.  em|iloy  lem]iorary  assistants  I'oi-  such  conipen- 
satit>ii  as  nia.\  lie  ti.xed  liy  them  in  advauce.  not  to  exceed  the  i-:itc  <il  lil'ty 
dollars  |ier  mouth.     i.M.  C\,  sec.  272.) 

Tills  sec.  amenled  atlrr  passage  of  K.  C.  by  orO.  'J:<il7.  appr.  July  '.>,  Iti07. 

Sec.  2'A.  lN>st-iiH»rtom  fees. — When  a  jihysician  or  siir-ienii  shall 
Im'  called  on  liy  the  coroner  to  conduct  a  (kisI mortem  examination,  the 
.Mayor  shall  he  authoi-i/.ed  (o  allow  such  {ih.\sician  or  siii'i;eoii  a  fee.  not 
e.xceediiii,'  twenty  live  dollars,  which  shall  lie  |i,iicl  mil  dl  llic  Ireasmy  in  the 
usual  manner.     1  M.  ^\.  sec.  2TI{.  1 

It  is  discretionary  with  tlio  Mayor  to  allow  or  rffnse  compensation  to  the 
(I'roner  under  thi.s  section;  if  he  refuses  to  act  at  all  he  may  hy  mandamus 
he  compelled  to  do  SO.  hut  if  he  passes  on  the  coroner's  claim  and  refuses  to 
allow  anythhiK  mandamus  will  not  lie:    Frank  vs.  St.  I.ouls.  14.")  Mo.  son. 

Sec.  255.  Inquest  —  expenses  of,  how  paitl.  —  The  eorouer 
shall  |>resent  in  the  .Mayoi-  a  ceriitied  statement  of  all  the  costs  and  ex- 
[)onses  atteiidiiif;  the  in(|uest,  incliidino  ilu'  fees  of  jurors,  witnesses  and 
otliei's  entitled  to  fees.foi'  which  the  city  is  lialde.  ami  he  shall  f^ive  to  each 
person  a  certificate  of  the  amount  of  Ices  due  him  in  each  case,  and  the 
.Mayor  sliall  cause  the  same  to  be  audited  and  allowed  without  delay,  and 
the  auditor  sliall  di'aw  his  warrant  in  favor  of  any  person  to  whom  any 
sudi  feo-s.  cost  oi-  expenses  sliall  be  due.  which  sliall  be  paid  by  the  li-ens 
nrer  to  such  pei-son,  oi-  upon  his  oi'dei'  in  wi-itiiij;.  indorsed  on  said  warrant. 
(M.  ('.,  sec.  274.1 

Sec.  25().  In(iuests  and  «leatlis  — r('i>orts  of. — It  shall  be  the 
duty  of  the  coiuiicr  lo  re|iiiri  weekly  al!  iiii|iicsts.  and  all  deaths  comino 
within  his  iilTicial  knowledge,  to  the  health  coiniiiissioncr,     i  M.  ( '.,  sec.  27.').'| 

See.  257.  Statrnirnl  of  fr^-s  to  !>«■  filed. — The  inroncr  and 
liis  dejinty  shall  at  the  end  of  every  nioiith  lile  in  the  auditor's  oflice  a  de- 
tailed statement,  verilied  by  aflidavits.  of  all  fees  collected  or  received  by 
them  res|ieclively  diirini;  said  month,  and  shall  jiay  the  amount  tlieri-of  into 
tlie  city  treasury,  taking;  Irijilicate  receipts  therefor,  one  of  which  shall  be 
tiled  with  the  coiiipl  roller  ami  llic  oihci-  willi  llic  andilor.      1  M.  ( '..  sec.  27fi.) 

.\KTi<'i,i:  II. 

OK  MORGIR.' 

•For  statutory  authority  to  establish  Morgue  see  Laws  18T3.  p.  357;  R.  S.  1899. 
p.  2563.  sec.  9  (Slate  Laws  for  St.  Louis,  sec.  399).  The  Health  Commissioner  has 
charge  of  the  Morftue:     Rev.  Code   post    sec.  450. 

See.  258.  Coroner*  to  control  inorj^iie.— Tic  .Morjjue  sliall  be 
under  the  control  :ind  iii;ina!,'emeiii  of  1  he  coroner.     i.M.  ('..  sec.  277.) 

Sec.  2."»!».  Coroner  to  make  rnU's  of  management. — The  («ir- 
onor.  by  and  with  ihe  appro\al  ol  the  .Mayor.  sImII  make  ;ill  necessary  rules 
for  the  government  of  the  morjriie.     1  .M.  ( '..  sec.  27.*^.  1 


618 


REVISED  CODE   OR  GENERAL  ORDINANCES.  [CHAP.  3. 


Ste.    260.      3Iorf>:ue,    in     charjfo     of    whom     aii<l     wlien    to 

he  open, — Tlio  morgue  shall  he  in  cliai-jic  of  the  siipei-inteinleiit.  aiipoiiitcd 
by  tlie  c-orouer  and  apju-oved  by  tlie  Mayor,  and  shall  be  open  at  all  hours 
of  the  day  and  niglit  for  the  ieie]tti()n  of  bodies.  The  exhibition  hall  shall 
be  open  daily  from  sunrise  to  sunset,  when  a  body  is  in  the  morgue  that  has 
not  been  recognized.     (Jl.  ('..  sec.  '_*7!).  i 

See.  261.  Duties  of  .superintendent. — The  superintendent  shall 
have  full  charge  and  control  v(  the  morgue  building  and  all  jji-operty  therein 
contained  and  shall  keep  a  record  book  in  the  uftice  of  the  morgue,  in  which 
citizens  may  record  the  names  of  missing  friends  and  describe  their  persons 
and  clothing,  and  give  the  address  to  which  information  respecting  them 
may  be  sent.     (M.  C,  sec.  2S0.) 

Sec.    262.      Exhibition     in    morgue  —  length    of — All    bodies 

brought  to  the  morgue  shall  remain,  if  they  are  not  recognized,  in  the  hall 
of  exhibition  seventy-two  hours,  or  longer  if  deemed  necessary  by  the 
coroner.  The  clothing  shall  also  be  exhiliited  near  the  body,  and  shall  re- 
main exposed  twenty  days  longer  if  the  body  has  not  been  recognized. 
P.odies  when  identified  shall  be  immediately  witlidrawn  from  exhibition  and 
placed  in  a  private  room,  suliject  to  the  action  of  the  coroner.  iM.  C,  sec. 
281.) 

Sec.  263.     Coroner  to  report  to  Healtli  Commissioner.— On  the 

first  day  of  each  month  the  coroner  shall  make  a  report  to  the  health  com- 
missioner, who  shall  present  the  same  to  the  board  of  health  at  its  next 
session,  giving  the  following  details:  First,  date  of  reception  of  identified 
bodies;  second,  name,  age.  jn'ofession  or  residence  of  deceased:  third,  cause 
of  death:  fourth,  mode  of  d(>ath;  fifth,  hour  of  death;  sixth,  place  of  death; 
.seventh,  by  whom  removed;  <>ightli.  name  of  undertaker;  ninth,  when  it  can 
be  learned,  the  place  where  the  body  has  been  burie(h     (M.  (".,  sec.  282.) 

See.  264.  Statement  of  hotlies  not  identified. — The  coroner 
shall  also  furnish  a  statement  of  bodies  not  identified,  as  follows:  First, 
a  succinct  description  of  the  liody,  and  whether  male  or  female;  second, 
pi-obable  age.  and  whether  white  or  colored;  third,  mode  of  death;  fourth, 
[dace  where  found.     (M.  (\,  .sec.  288.) 

Sec.  266.  Requisition,  on  whom  made.  —  The  conmer  shall 
make  requisition  on  the  commissionei'  of  su]ii)lies  for  all  articles  needed 
foi'  the  morgue,  but  said  i-e(iuisitioiis  must  in  all  cases  be  first  approved  by 
the  Ma.vor.  Whenevei'  any  repairs  are  needed,  the  coroner  shall  make  a 
rejiair  requisition  on  the  jiresident  of  the  board  of  public  imjirovenients; 
said  re(]uisitions  shall  first   be  apjiroved  by   the  .Mayor,      i  M.  ('..  sec.  284.) 

Sec.    266.     Expense    a<'<'ounts    to    be    kept The    coroner   shall 

cause  to  be  kept  in  suitabli>  books  a  full  and  ciu'rect  account  of  all  the  ex- 
penses of  the  morgue.  Itcfcu-e  an\  money  is  jiaid  the  accounts  shall  be 
examined  and  approved  by   ilie  .Mayor.      (M.  <\.  sec.  285.) 

Sec.  267.  Assistant  and  p«)rter. — The  coroner,  may  by  and  with 
the  ai)proval  of  the  Mayor,  aiqioint  one  a.ssistant  and  one  porter  to  the 
sujierintendent.     (M.  (\.  sec.  286.) 


CHAI".  ^.l  Ol"  PAY   l.AI!()I!i:itS  (im 

See.  2(iS.    Siilaru's  of  sii|>«M'iiit«'ii4l4'iit,  assislaiil  and  imh*(<'I\  — 

The  saliir.v  of  the  siiiici-iiilcmli'iil  sli;ill  lie  Iwclxc  liiiinlicil  ilnlhiis  |pci-  .iiiimm, 
|iiiv:ll>li-  iiiunllilv.  Ilic  s;il;il',v  nT  llic  ;issist;iiil  sliall  lit-  ten  IhiikIi-ciI  iliillars 
piT  aiiiiiiiii.  |ia.\al>li'  Tii(iiitlil.\ .  'I'lu'  salary  of  tlic  jiortcr  sliall  lie  six  liiiiulrcd 
(Idllars  |ici'  aiimiiii.  |ia\al>li'  iiinnilil  y.  (Onl.  L'llUl,  .iniriHlinciil  tn  M .  ("., 
sec.  L'S7. 1 


CHAPTHR    t. 


OF  DAY    l.AUORERS. 


Sec.  269.  Day's  work  of  laborer. — From  and  al'it-r  ilir  tiisi  day 
of  A|>ri!.  ill  the  year  cijrlitt'fii  liiiiidriMl  and  ('ij;lily-s(>vi'ii,  the  period  of  eif;lil 
lioiirs  shall  lie  and  lonsiilule  a  li'-ial  day's  work  for  any  iierson  employed 
in  any  onr  of  tlic  re.sjKvlive  de|)artnienls  of  llie  ('ily  of  St.  Louis  in  I  lie 
capaeity  of  ilay  laborer.     (  M.  ('.,  sec.  28S.) 

Ijiwa  similar  to  this  refrulatlngr  the  hours  of  labor  are  generally  upheld  as 
within  the  police  power  of  the  state,  provided  there  is  a  reasonable  ground 
therefor:  Holden  vs.  Hardy.  169  1'.  S.  366;  State  v.s.  Looinis.  115  Mo.  307;  and  the 
State  may  enact  such  laws  for  public  work  done  in  municipalities:  Atkin  vs. 
Kansas.  191  U.  S.  207.  But  see  as  to  the  limit  beyond  which  courts  will  annul 
provisions  InterferinK  with  the  llbi-rty  to  contract  for  hours  of  labor,  the  dis- 
cussion in  the  opinions  of  the  majority  and  dissenting  Judges  in  the  recent 
case  of  Lochner  vs.  New  York.  19S  V,  S.  4,5  (holding  the  New  York  baker.s"  law 
restricting  work  to  ten  liours  a  day.  or  sixty  hours  a  week,  to  be  void  and  un- 
constitutional,  by   a   bare   majority). 

s. ,    L'Tii      In  coiitrarts  for  city,  iMj^lil   Iioiirs  ^-onstihifo  day — 

(MMialty  for  \  iolat  i<»ii.  .Ml  loniraris  iicrt'al'icr  cmIi'Ici!  inio  wlu'rcin  llie 
rity  of  St.  Louis  is  a  party,  for  the  doitij;  of  an.\  kind  of  work  or  lalioi-  for 
file  City  of  St.  r.,oiiis.  ineliidin;^  work  on  all  puldie  l)uildiu};s,  works  and 
enterprises,  shall  eontain  the  ('(dlowiii;^  teiwiis  and  eonditions:  A.  That  the 
men,  persons,  or  laborers  who  may  be  employed  in  the  doiiif;.  pro.secutiii};. 
or  aecomplishmeni  of  siirh  work  done  by  the  rontraetor  with  the  City  of 
St.  Louis,  or  any  one  under  him.  or  any  person  rontrollinLC  the  said  iiicii. 
|M'rsons.  or  laborers,  shall  not  In-  reiniired  to  work  more  than  eij^ht  hours  ;i 
(lay.  I'..  That  in  ease  of  the  violation  of  such  provision  of  sueli  contracts 
the  Mayor  shall  immediately  declare  such  contracts  caneelled  and  forfeited. 
and  the  work  beiiifr  done  under  such  contracts  shall  Ik"  relet  in  the  manner 
provided  for  the  letliii};  of  such  work,  and  such  contractor  shall  thereafter 
be  ineli;;ibic  to  bid  n])on  such  work  under  such  relettinj:.  and  the  ditl'erence 
in  the  cost  of  doinc;  such  «ork  under  such  contract  so  cancelled  and  for 
feited.  and  uiiilcr  such  relet  I  in;;,  shall  be  sued  for  on  the  bond  of  such  con» 
traitor  so  viidalin;;  sm-li  conliacl.  lOrd,  lil.'ill.  ."^ec  .M.  C..  sec.  288  note; 
also  M.  C.,  J),  kid;!.  I 

This  ordinance  held  valid  in  St.  I^iui.i  IJuarry  Co.  vs.  Frost.  90  Mo.  App. 
677.  690.  approved  In  rurtlce  vs.  Schmidt.  101  S.  W.  fil.  64  (Sup.  Ct.  March.  1907). 
See  note  to  Charter,  sec.   28  of  Art.   VI. 

As  to  other  conditions  In  contracts  for  pubtii-  work  see  Rev.  Code.  sec.  1921. 


G20  Ki:VlSKD   CODK  OR   GENERAL  ORDINANCES.  [CHAP.  5. 

CHAPTER  5. 

OK  DltlNKINi;   ForNTAINS. 

Sec.  271.  ('oiiditioiis  for  iiiaiiitenance  of  iml>li«*  <lrinkiii};- 
fountains. — From  and  alter  ilic  tiist  day  of  June.  niiK'ici'n  liuTidii'd.  no 
jnihlic  di-inkinj;  fountain,  except  as  Lereiuafter  specified  in  section  274 
hcrcul'.  Iieretol'ore  erected  and  now  beinj;  maintained,  sliall  be  continued  or 
maintained  by  any  jiersou  whomsoever,  unless  the  owner  of  the  lot  of 
ground  on  or  in  front  of  which  any  such  fountain  is  located  shall  at  his  own 
cost  and  expen.se  attach  to  such  fountain  an  automatic  shut-off.  satisfactory 
to  the  water  commissioner  of  the  (!ity  of  St.  Louis,  which  device  shall  so 
operate  that  when  the  bowl  or  basin  of  the  fountain  is  full  the  sujiply  of 
water  shall  be  antoniaticall.\-  shut  off.  and  the  water  shall  not  ajjain  How 
until  a  portion  thereof,  in  said  bowl  or  basin,  has  been  withdrawn  ;  and 
ujton  such  automatic  shuttoft'  or  device  having  been  attached,  to  the  satis- 
faction of  the  water  commissioner,  the  said  commissioner  shall  allow  water 
to  be  furnished  to  said  fountain  without  any  charge  therefor:  I'rovided, 
however,  that  said  jtroperty  owner  shall  first  file  with  tlie  city  register  an 
acceptance,  in  writing,  of  the  terms  and  conditions  of  this  ('hai)ter.  in  a 
form  to  be  aj^jiroved  by  the  city  counselor,  which  acceptance  shall  contain 
an  agreement  on  the  part  of  such  jiroperty  owner  to  keep  the  said  auto- 
matic shut-off  or  device  in  good  and  suitable  condition  and  repair,  and  to 
operate  said  fountain  to  the  satisfaction  of  the  water  commissioner,  and  an 
agreement  on  his  ]>art.  that  lie  will,  at  any  time,  upon  notice  from  the  water 
commissioner,  rejiair  the  same,  and  any  connection  with  or  attachment  to 
said  fountain,  and  that  in  default  of  his  so  doing,  or  in  default  of  hfs  fail- 
ure to  operate  said  fountain,  he  will,  on  five  days'  notice  from  said  com- 
missioner, remove  said  fountain  at  his  own  cost  and  expense,  and  at  his 
own  cost  and  exjiense  will  restore  the  street  or  public  place  where  sai'J 
fountain  may  have  been  erected,  to  as  good  condition  as  it  was  in  before  the 
erection  of  the  same,  and  to  the  satisfaction  of  the  street  commissioner  of 
the  City  of  St.  Louis;  and  ui>on  his  failure  to  comply  with  such  notice,  that 
said  fountain  may  he  removed  and  said  restoration  made  by  said  street 
commissioner,  and  that  said  |)roiierty  owner  will  thereujion  pay  to  the  City 
of  St.  Louis  all  costs  and  expenses  inciii-red  l)y  said  street  commissioner, 
to  be  recovered  of  him  by  the  City  of  St.  Louis  in  any  court  of  compef^iit 
jurisdiction.     (Ord.  2007"),  sec.  1  ;  IM.  (".,  p.  1177.) 

Si-c.  272.    Conditions  for  «'ro<*tinj»'  jmblic  drinkiny  fountains. — 

No  jiublic  drinking  fountain  shall,  after  the  ai)proval  of  this  chajitcr.  Ik? 
erected  in  the  City  of  St.  Louis  except  upon  the  following  terms  and  condi- 
tions, to-wit:  Fir.st,  the  owner  of  any  lot  of  ground  in  the  City  of  St.  Louis 
desiring  to  erect  a  public  driidiing  fountain  on  or  in  front  of  his  ])remises 
shall  submit  to  the  board  of  ]iublic  imjirovemcnts  an  ajiplication  therefor 
accom|ianied  by  full  and  detaile(l  ])lans  and  specifications,  showing  the 
character,  lorm  and  dimensions  thercol'.  and  said  hoard  of  jiublic  ini]irove- 
meiits  may.  if  it  approves  such  ])lans  and  specifications,  grant  a  jiermit  for 
the  erection  of  such  |iulilic  drinking  fo\infain  in  conformity  with  such  plans 
and  specifications:  I'ro\ided.  that  said  fountain  shall  not  be  erected  within 
three  hundred  yards  ol  any  fountain  the  erection  or  maintenance  of  which 
is  ])ropei-Iy  aniliori/.cd.  and  that  said  fountain  shall  ha\e  attached  an  auto- 
matic shul-ott'  satisfactory  to  the  water  commissioner  of  the  City  of  St. 
I-ouis.  which  (h^ice  shall  so  ojierate  that  w  hcTi  the  bowl  or  basin  of  the 
fountain  is  full  the  supply  of  water  shall  be  automatically  shut  otf.  and  the 
water  shall    not    again    How    nnlil   a    porl  ion    thereof,   in   said   bowl   or  basin. 


CHAI'.  •..  OK  I'ltlNKINd    KOI' NT  A  INS.  C'Jl 

lia.s  licfii  witlidfaw  II.  Sfcoiul,  tlic  water  cuiiiniissioiu'r  shall  allow  water  In 
l)e  I'liriiisiied  to  .said  I'oiiiitaiii  willioiil  aiiv  cliai-fie  llierelor:  Provided,  tliat 
before  eoiiiiiienciii};  the  work  of  ereetiii;;  .surh  |>iil)lie  roiiiitaiii,  the  owner  ol' 
such  roiiiitaiii  shall  tirst  tile  with  tlie  cilv  rei^ister  an  acce|)laiice,  in  wi-iting. 
of  the  terms  ami  luiidil  ions  of  this  rha|iler  in  a  rorm  to  lie  a|i|irov<-d  liv  the 
eilv  eonnselor,  wliieli  arce|itaiu-e  shall  roiiiaiii  an  ajireemeiii  on  the  part  ol' 
sncli  |iro|iert_v  owner  to  erect  the  ronntain  within  ihirl.v  davs  Irom  date  of 
l>eiiiiit.  to  keep  the  said  automatic  shtit-olV  or  device  in  };ood  and  siiitalde 
condition  of  repair,  and  to  operate  said  fountain  to  the  satisfaction  of  the 
water  commissioner,  and  an  a}:;re«'meiii  mi  his  part  tliat  lie  will,  at  any  lime, 
upon  notice  from  the  water  comniissioiier.  repaii"  the  same,  and  anv  con 
nectioii  with  or  attachment  to  said  fountain:  and  that  in  default  of  his  so 
doiii};  or  in  default  of  his  failure  to  operate  saiil  fountain,  he  will,  on  live  < 
days'  notice  from  said  commissioner.  reiiio\e  said  fountain  at  his  own  cost 
and  expense,  and  at  his  own  I'ost  and  expense  will  restore  the  street  or  pul> 
lie  |ilac('  where  said  fountain  may  have  been  erected  to  as  good  condition  a.s 
it  was  before  the  erection  of  the  same,  and  to  the  satisfaction  of  the  street 
commissioner  of  the  City  of  St.  Louis;  and  upon  his  failure  to  coin]ily  with 
such  notice  that  said  fountain  may  be  reiiiove<l  and  said  resloi-alioij  made 
by  said  sti'iH't  commissioner,  and  that  said  iiroperty  owner  will  thereupon 
pay  to  the  City  of  St.  Louis  all  costs,  and  ex|)enses  incurred  by  said  street 
conimissioiier,  to  be  recovered  of  him  1)\  ilie  City  of  St.  Louis  in  any  conn 
of  iom]ieteiit  jurisdiction.     i/6.,  sei-.  L' :   .M.  ('..  p.  !t7!).i 

.Sec.  27.'L  ('<»n(IHions  ror<lis«-oii(inii;iii<-i'. — Any  jterson  maintaiiiinfj 
a  publi<-  drinkin;::  fminiaiii.  or  wlm  iiia,\  liiicalier  erect  any  such,  as  herein 
I  ro\  ided  for.  may  discontinue  the  same  and  i-eiiio\'e  the  same  at  his  own 
cost  and  expt-nse  from  the  streets  and  public  jdaces  of  the  city,  on  notice 
to  the  water  commissioner  of  the  city,  and  by  complying  w'ith  the  require- 
ments of  tiie  water  commissioniM-  in  reference  thereto,  and  shall  then,  in  ad- 
dition to  all  other  reipiiremeiils  now  or  hereafter  provided  by  law,  restore, 
at  his  own  cost  and  expens(>,  the  street  or  pulilic  place  to  as  good  condition 
as  it  was  before  the  erection  of  said  public  drinking  foiinlain.  to  the  satis- 
faction td"  the  street  commissioner,  and  failing  so  to  do  the  same  shall  be 
restored  by  the  strwt  commissioner,  and  the  cost  and  expense  of  so  doing 
shall  Ik'  recovered  against  the  person  maintaining  the  same,  by  the  City  of 
St.  Lonis  in  any  court  of  conijietent  jurisdiction.  The  same  procedure  shall 
Im'  had  in  all  ca.ses  where  the  person  erecting  or  maintaining  siiih  ]>ublic 
drinking  fountain  fails  or  refuses  to  comply  with  the  |irovisioiis  of  this 
chapter  or  with  the  provisions  cd"  any  ordinance  now  existing  or  that  may 
herj'after  be  adopted  relating  to  imlili.  (iiinkiiii;  rdiinlains.  i //<.,  sec.  '.',: 
.M.  C..  p.  !I79. 1 

.Sec.  274.  When  pi'o\  i^ioiis  lH'r«'iii  <lo  lutt  apply. — Tin- ))rovis- 
ions  of  this  ch.ipicr  shall  mil  appl\  lo  :iii\  piiMic  drinking  fountain 
erected  |>iirsuaiit  to  the  jirovisioiis  of  the  follow  ing  ordinances,  to  wit  :  Ordi- 
nances numbered  eleven  thousand  .seven  hundred  and  tifty-two.  eleven  thou- 
■'aiid  eight  hundred  and  seventy-four,  thirteen  thousand  six  hundred  anil 
sixty-six,  fourteen  thousand  and  seventy-nine,  sixteen  thou.sand  one  Inin- 
dn-d  and  four,  sixteen  thousand  eight  hundred  and  sixty-two,  seventeen 
thousand  two  hundred  and  twenty-two.  seventeen  thousand  nine  hundred 
and  iliirlceii.  eighteen  thousand  and  eighty-two.  eighteen  thousand  one  hun- 
dred and  sixt.\  one.     tlli..  sec  4:  M.  C,  p.  ;t70.) 

Sic.  27.").  lliiiiiiiiK'  socit'tv  nia>  rslaWIisli.— Tlie  Iliinmne  Society 
of  .Missouri   is  aiiihori/.ed  in  itim  i    |iulili<    drinking  fountains  in   the  stre<*ls 


622  KKVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  6a- 

of  the  City  of  St.  Louis  at  such  jioints  and  ufion  suih  plans  as  shall  be  ap- 
proved by  the  board  of  ])ublic  improvements;  and  said  fountains,  when 
conii)leted  and  c-onnected  with  tlie  water-works  system,  shall  thereafter  be 
sui)plied  with  water  by  tiie  city;  provided,  however,  that  said  fountains 
shall  not  exceed  ten  in  number.     (M.  C..  sec.  2!i5.) 


CH.APTHK  5a. 

OF   FACTORY    INSPECTION. 

•  Sec.  270.     Appoiiitnieiit    of  Factory   Inspector  —  eiui)loyes  — 

qualitit'Jltioii.s — tenure. — The  May(n-  shall  appuiut  by  and  witli  the  con- 
sent of  the  Council,  a  factory  inspector.  Said  factory  inspector  is  author- 
ized to  emitloy,  by  and  with  the  consent  of  the  Mayor,  two  deputy  inspect- 
ors, who  shall  possess  the  same  qualitications  and  perform  the  same  duties 
recpiired  by  thij  chapter  of  the  factory  insfiector.  The  factory  inspector, 
shall  ajiiioint  a  clerk,  who  shall  act  as  collector  for  the  factory  inspector, 
and  ]icrfoi-m  such  other  duties  in  connection  with  his  office  as  shall  be  im- 
posed upon  him  by  the  factory  inspector.  The  factory  inspector  must  be  a 
resident  of  the  City  of  St.  Louis  for  at  least  three  years  prior  to  his  appoint- 
ment, and  over  twenty-one  years  of  age.  The  same  (|iialilications  shall  a])]>ly 
to  his  deputies  and  clerk. 

The  factory  inspector,  his  (h^puties  and  clerk,  shall  hold  their  respective 
office  for  the  term  of  four  years,  conimencini;'  ten  days  after  the  passasre 
and  appro\al  of  this  oi-dinance.  and  until  theii-  successors  are  a]i|ioint(>d 
and  qualitied.      (Ord.  LMI(I74,  sec.  1 ;  M.  C.,  p.  '.>7!l.  i 

See.  277.  Full  time  to  be  siven  to  «hities The  factory  in- 
spector, dei)uties  and  clerk  shall  devote  all  of  their  time  and  attention  to 
the  duties  of  their  office.     I  Ord.  20074,  sec.  2;  :M.  ('..  )>.  !ISO.) 

Sec.  27<s.     PoAvers   and   «luties   of   insi>eetor  and  dei)nties. — 

The  [lowers  and  duties  of  the  factory  inspector  and  his  deputies  shall  con- 
sist and  be  the  same  powers  aud  duties  enumerated  in  sections  one,  two, 
three,  four,  five,  six,  seven,  eight,  nine,  ten,  eleven,  twelve,  thirteen,  fourteen, 
lifteen,  sixteen.  sev(>nteen,  eighteen,  nineteen,  twenty,  twenty-one,  twenty- 
two,  twenty-three,  twent.\-four,  twenty-five,  twiMity-six,  twenty-seven  and 
twenty-eight  of  an  act  ]iassed  by  the  thirty-sixth  general  assembly  of  the 
State  of  Missouri,  liegu"  and  held  at  I  lie  City  of  .letferson.  State 
of  Missouri,  on  Wednesday,  January  the  scNcntli.  eighteen  hundred 
and  ninety-one.  which  act  is  (Mititled,  "Insiieci  ion  :  health  and  safety  of 
emiiloyes,"  "An  act  relating  to  manufact>ii-ing,  mechani<-al,  mercantile  and 
other  establishments  and  jilaces,  and  the  employment,  safety,  health  and 
work  hours  of  employes."  which  said  a<t  was  apjiroved  April  twentieth, 
eighteen  hundi-ed  and  ninety-one:  also  sections  one  and  two  of  an  act  en- 
titled. "Labor:  child  labor."  ".Vn  act  to  resli-ict  the  employment  of  children, 
jiroviding  ]ienalties  for  the  violation  thereof."  jiassed  by  the  thirty-ninth 
general  assembly  of  the  State  of  Missouri,  begun  and  held  at  the  <"ity  of 
.leffei-soii.  State  of  .Missouri,  on  Wednesday.  Jann.-iiy  twenty-sixth,  eighteen 
hundred  and  ninety-s(>ven,  .ind  apjiroved  «mi  .March  twenty-third,  eighteen 
hundred  and  ninety-seven:  .VIso  an  act  jiassed  by  the  (hii-ty-ninth  general 
assembly  ol'  the  State  of  .Missouri,  begun  and  held  at  the  City  of  Jefferson. 
State  of  .Missonii.  on  \\"e(lnesday.  January  sixth,  eighteen  hundred  and 
ninety-seven,  entitled,  "Labor:  health  of  em])loyes,"  "An  act  to  amend  sec- 


CHAPr.u.  1  OF   KAOTORV    INSPKPTION.  6i.{ 

tioii    roiirlfcii   of  an   act    culilli'd.   "An   ai  i    rtlaliiij;    lo    iiiaiiurail  iiiiii;;.   inc 
cJiaiiical,  imTiaiiliU'  Jiiid  other  cstahlislimciits  ami  jjlact's  and  tlic  enijilov 
mciit.  salVly.  Iicaltli  and  work  liours  of  t'lnplovcs."  "  aiiprovcd  Marcli  ninth, 
fifilitt't'ii  hiiniii'i'd  and  ninct  vscvcn  :    Also  an  ail  jiassi'd  liy  the  ficiicral    asscm 
hiv  of  the  State  til'  M  issonri.  Iicj,'nii  atid  held  at  I  lie  ( "ily  of  .IclVcrson,  State  (d' 
Missoiiii.  iin  W  ednes(hi.\ .  damiai\   Inuilh.  eij;liteeM   hundred  and   ninety  nine. 
eutitk'd,  "Lahor:  sanitary  rej;iihil  ions  ;"  -An  act  t(i|iroliihit  the  inaniiractnre 
of  wearint;  a|>|iarei,  piir.ses.   feathers,  artilieial   tiowers  or  other  floods  for 
male  111-  feinaU'  wear,  in  tenement  and  dwellin};  houses,  cxeejit  by  the  imme- 
diate ineinliers  nf  the  family  liviii};  therein,  and  lo  lahel  tiie  same  in  eertain 
cases;  and  |/io\idin};  for  jieiialties  for  the  violation  (d'  this  act."  apiiroved 
•liine   second,   eiyhteen    hundred    ninety  nine :      Also,   an    act    passed    by    the 
fortieth  j;eneral  assembly  of  the  Slate  of  .Missonri,  bejjnn  and  ladd  at    the 
City  of  .lelVerson.  Stale  of  .Missouri,  on  .lannary   fonrth.  ei};iileen   hundred 
ami  ninety-nine,  entitled.  "Labor:    Sanitation  and  lioiirs  of  labor  in  bakeries 
and  confectionery  estal)lishnienls,"  "An  act  to  prescribe  the  lioiirs  of  labor 
and  sanitary  conilitioiis  to  lie  observed  in  bakeries  and  confectionery  ostab 
lishmeiils:  lo  provide  |ienalties  for  the  violations  of  this  act;  and  to  ajipeal 
(repeal  I    sections  sevenleeii   and  eijihleen  of  an   act,  a|)prove(l   April    tweii 
tielh.  ei^jhteen  hundred  and  ninety-one,  enlilled.  "An  act   relatiiif^  lo  mami 
factiiriii;:,  mechanical,  mercantile  and  other  establishments  and  i)laces,  and 
the  emjihM  ineiit.  safety,  health  and  work  hours  of  the  enijdoyes,"  ap|iroved 
.May  Iwenty-ninih.  eighteen  hundi-ed  and  ninety-nine." '"   i  Ord.  20074,  sec.  :{ ; 
.M.  <•.,  p.  !l.s(i.  1 

Sc>'  tliisi'  St.itt>  .stntiitt'S  n»  follow.s:  Ijaw.s  1S91.  p.  :.t9.  l)elng  R.  .'».  IS99. 
.\rt.  XVII  of  Cliap.  91.  sees.  6431-t;4oe:  R.  .><.  1S99.  sees.  2189-2190.  /*.  6444;  Laws 
1899.  p.  2".".;  \m\vs  1S99.  p.  274.  Under  see.  GJ.Il  mfira  It  Is  made  "the  duty  of  tlie 
piiblie  autliorltles  of  eaeli  elty"  of  S.OOO  Inlialiltant.s  or  over  to  provide  for  faetory 
Inspeetlon.  Tills  was  passed  In  1S91  and  the  ordinance  In  pursuance  of  the  le^ls- 
Intlve  mandate  was  not  enacted  until  1900.  when  the  ordinance  ahove  was  passed. 
In  I90I  the  state  leKlslature  without  expressly  repealing  the  act  of  1S91  In  whole 
or  In  part,  and  Ignoring  any  existing  ordinance  In  pursuance  thereof,  enacted  a 
new  law;  l.dtws  1901.  p.  197  (amended  hy  Laws  1907.  p.  32«).  The  new  law  creaies 
the  office  of  State  Factory  Inspector,  reiiulrlng  him  to  Inspect  "all  factories  and 
enforce  all  laws  relatlns  to  factory  Inspection."  etc..  Including  "any  lawful  munici- 
pal ordinance  or  regulation  relating  to  factories  or  their  Inspection."  Much  con- 
fusion arose  hy  this  dual  system  of  city  and  state  inspection,  and  the  municipiil 
Inspection  has  been  for  some  time  siispinded.  The  State  Factory  Inspeetir's 
Ijiw    was   sustained   as   valid    In    State    vs.    Vickens.    180    Mo.    10:t. 

See.  27!l.  K.Htahlishnioiits  («>  l>v  iiisjiectod.- .MI  nrimfaitnriiiLr. 
mechanical,  mercantile  and  other  establishments  and  places  embraced  with- 
in the  slate  laws  heretofore  referred  to.  shall  be  inspected  at  least  twice  in 
eacli  year,  at  intervals  of  six  monllis.  or  oftem-r  if  necessary,  and  as  often 
as  it  is  deemed  nec(>ssary  liy  the  factory  ins|  ecliii-  to  proi cily  enforce  the 
provisions  of  the  state  laws  herein  embodied.  Such  inspections  shall  be 
made  liy  the  f.ictory  inspector,  or  one  of  his  deputies,  whose  duty  it  shall 
be  to  enforce  Hie  acts  of  thi'  general  assembly  of  the  State  of  .Missouri,  here- 
inbel'ole   referred   lo.      (///..  .sec.    I;   M.   C.   p.  !IM1.  I 

See.  28(1.     Ccfliliciitf    mikI    ins]H>ction    fo<> The  f^ietory  inspector 

shall  issue  a  proper  iertilir;ite  lo  ilie  parly  in  char.!.'e  of  each  factory  in 
specled  by  him  or  his  ih-piities.  whenever  he  shall  tind  that  they  have  com 
plied  with   the  reipiiiemeiits  of  the  slate  laws  hereinliefore  leferred   to.     lie 

shall  collect  a  f f  one  dollar  for  every  inspection  made  by  him  or  one  of 

his  deputies,  whether  he  is.suea  a  certificate  or  not.  all  of  whicli  fees  must 
b4'  paid  by  the  factorv  insjiector  info  the  citv  freasiirv.      i //(..  .sec    ;"  •  M    (' 
p.  981.) 


624  Ri:viSED  corjE  or  general  ordinances.  [chap.  6. 

Sec.  281.  Salaries. —Tilt'  lactorv  inspwtor  sliall  receive,  as  lull  com- 
pcu.sation  for  liis  services,  a  salary  of  eigliteeii  Iniiuli-ed  dollars  per  uiiniiiii. 
and  each  of  his  deputies  shall  receive  a  salar\  of  twelve  liuudred  dollais  jn'r 
annum,  and  the  clerk  shall  receive  a  salary  of  one  thousand  dollars  ]ier 
annum,     i  //(.,  sec.  (i ;  ib. ) 

Sec.  28l*.  HoikIs.  — The  factory  inspector  shall  give  a  liond  to  the  City 
of  St.  Louis  ill  the  ]ienal  sum  of  five  thousand  dollars,  with  two  or  more 
sureties,  to  he  approved  by  the  Mayor  aud  Council,  conditioned  for  the  faith- 
ful and  imjiartial  performance  of  the  duties  of  his  office,  and  that  he  will 
fully  account  for  and  jiay  into  the  city  treasury  all  moneys  received  hy  him. 
as  herein  provided.  The  dejiuty  inspectors  and  the  clerk  appointed  under 
the  provisions  of  this  chapter,  shall  each  jiive  a  bond  in  the  jienal  sum  of  one 
thousand  dollars,  with  the  same  conditions  that  are  re(|uired  of  the  factory 
inspector,  and  subject  to  the  ap]iio\al  of  the  ^layor  and  ('oiincil.  ilh.. 
sec.  7  ;  ih. ) 

Sec.  283.  Reports  of  inspection. — Besides  niakinj;'  the  rejiorts  re- 
quired by  tlie  state  laws,  hereinbefore  referred  to,  to  the  labor  eomniissioner. 
the  factoi'y  inspeitor  shall  make  semi-annual  reports  to  the  comptroller  of 
the  City  of  St.  Louis,  which  report  shall  contain  a  full  and  c()m])lete  list 
of  all  manufacturinj>-,  mechanical,  mercantile  aud  other  estaljlisliments  and 
places,  in  the  City  of  St.  Louis,  showiny  the  ones  which  he  has  insi)ecled. 
and  those  he  has  not  inspected,  with  a  record  of  all  fees  collected  by  him. 
(7&..  sec.  8:  /7).i 

Sec.    284.     Otliee    to    he    provi«le»l    in    city    lialL — The    factory 

inspector  shall  be  provided  with  an  office  in  the  city  hall,  suitably  furnished, 
iucludiuji'  all  blanks  and  stationery  needful  for  his  official  duties,  ill).. 
sec.  9 ;  ih. ) 


CHAPTER  6. 

I'TRK  IJEP.^RTMENT." 

*Cliartt:T  provisions.  .\rt.  XI.  sees.  1-5.  Tlie  duty  imposed  by  sec.  5  of  .\rt. 
.XI  on  tlie  cliief  to  inspect-4)U^ldings  i,n  course  ot  construction  was  transferred 
liy  ordinance  (under  Cliart..' Art.  Ill,  sec.  32)  to  tile  Building  Commissioner. 
H,  C.  sec.   27. 

Charter  autliorit5'    for  t-ngine   houses.   Art.   III.   sec.    2t).   clause   3. 

Sec.  28.").     Composition  of  fire  <l<'partnient — where  statione«l, 

etc. — The  tire  (li'partnii'iit  sliall  <M)!isist  of  a  i-liirf ,  one  first  assistant  <-liii'f  and 
nine  [eleven]  district  assistants,  one  secretary,  one  assistant  secretary,  one 
master  mecliaiiic,  [two  hostlers  for  horse  hospital],  and  such  number  of 
engineers,  captains,  men  and  employes  as  herein  i)rovided.  Each  coin])any 
located  in  the  district  bounded  south  by  Park  avenue,  north  by  Howard 
sti-eet.  west  by  Jetterson  avenue  and  east  by  the  river,  shall  consist  of  one 
captain,  one  lieutenant,  one  engineer,  one  fireman,  two  drivers,  and  five 
[six]  i>i]ienieii.  lOacli  c(iiiij)any  located  in  any  of  the  territory  not  included 
in  the  district  aboxc  bounded  shall  consist  of  one  ca]itain,  one  lieutenant, 
one  engineer,  one  fireman,  two  drivers  and  two  [three]  |)ipemeii.  .Vll  hook 
and  ladder  c(Uii])aiiies  in  the  district  bounded  above  shall  consist  of  one 
captain,  one  lieutenant,  [one  driver]  aud  eight  men,  and  all  hook  and  lad- 
der companies  outside  of  said  district  shall  consist  of  one  captain,  one  lieu- 
tenant, [one  dri\er|  and  seven  men.     There  shall  be  one  watchman  for  each 


C-llAI'    ti.  I  OK    IMIli:  DKI'AKTMKNT.  (J25 

cn^jiiif  house  in  llii-  ril\.  :iiiil  \\  licncvci'  llii'i'c  ;ir-i'  douMc  or  luljoiniii^t  liousi'S 
\isi'(l  by  lilt'  (lc|i:irtiiu'iii.  llic  wiitcliiiiairs  diitit's  shall  cxlcinl  (lini-io;  the 
Wiitclmu'ii  sliall  i)c  disabled  or  old  tireineii,  if  tliere  he  siicli  in  I  he  depart- 
mciil.  There  shall  he  iwo  tireiiieii  in  the  service  of  the  lire  <le[)ail  inent,  to 
he  stationed  at  each  nl  ihr  loilnwiiii;  insi  it  ntions :  I'iix  Hospital.  iCnier^icncv 
Hospital  No.  Two.  Insani'  .\s\lnni.  I'oor  IIou.se,  iluspiial  for  Kenutles  and 
the  House  of  Ueliip'  (now  St.  Louis  Industi-ial  School).  One  ol'  the  two  men 
so  desif^nated  and  statioiieti  at  each  of  said  institutions  shall  he  on  duly  dur- 
in<;  tlu'  <hiy  and  the  other  during  the  ni<;hl.  so  that  one  man  shall  he  on 
duty  at  all  times.  There  shall  be  two  men  to  each  fuel  wajjon  necessary.  The 
master  mechanic  shall  have  had  at  least  three  years  ex|)ei-ience  in  the  St. 
Louis  til'e  department  and  shall  lia\('  been  a  i-esidenl  of  the  cil\  al  Icasl  li\e 
years,  and  shall  be  a  licensed  enj;ineer  of  (he  city  and  a  practical  mechanic. 
The  master  mechanic  shall  ha\e  char<ie  of  the  rejiairs  of  all  apjiaralus  of 
tile  de|iai'tment  and  shall  see  that  same  is  kejit  in  pcrlVci  order.  (Ord. 
•.••_"_'7S  and  J:;sil!t.  amending'  I'l'dii;?.  .sec.  L'!Ki.  i 

Tliose  portions  of  the  above  section  tliiit  arc  enclosed  In  brackels  were  not 
passed  as  a  part  of  the  Revised  Codi*  but  were  enacted  In  an  amendment  to  the 
section  by  ordinance  22809.  approved  Feb.  1,S.  190".  which  was  pas.sed  after  the 
Rev.  Code  was  suhmltteil  to  the  assembly  and  before  its  enactment.  (See  appendix 
for  ord.  32809  as  enacted.)  Tlw  section  as  In  the  Revised  Code  apparently  was 
Intended  to  cover  the  provisions  (amongst  others)  of  ordinance  20428  providing 
for  employment  of  ten  additional  (then)  llremen  and  the  placing  of  two  men  at 
each  of  tlve  public  Institutions,  all  of  which  are  provided  for  In  the  above 
ordinance  (see  sec.  288  below).  Ord.  22023  amended  20801  and  2H05.  which 
affected    M.   C.    sees.    29K.    JDK.    :tn,    3i:i. 

Se<-.  28(i.  Chief — Jiualilicaf  ions,  hoiul,  <-<>nii)<'nsa1i(»ii. — The  chief 
of  the  tire  deparlment  shall  have  had  at  least  live  years'  c\|ierience  in  the 
St.  Louis  lire  departiiienl.  and  shall  have  been  a  residcni  df  ihc  ciiy  tnr  a! 
least  two  years;  shall  j,nve  bond  lo  the  City  of  St.  Louis  in  ilic  sum  of  icu 
thousaml  dollars,  with  two  or  more  ;joo<l  and  sul'ticient  securities,  lo  be  aj) 
proved  by  the  .Mayor  and  Council,  for  the  faithful  performance  of  his  duty, 
and  shall  receive  in  full  conipensation  for  his  services  the  sum  of  four  thou- 
sand dollars  per  annum,  and  shall  hold  his  office  for  the  term  of  four  y(>aj-s. 
except  as  otherwise  jirovided  in  the  charter.    (  ^L  ('..  sec.  l.'!)7.  i 

See  Charter.  .Vrt.  XI.  sec.  1. 

See.  287.  Assislaiils  and  niiplo.x-s  — 4|iialifi('atioiis  and  salar- 
ies.— The  first  assistant  i<>  the  chief  shall  receive  as  full  compensation  foi'  his 
.services  the  sum  of  one  hundred  and  seventy-five  dollars  |ier  month.  The 
nine  |eleven]  other  assistants  shall  i-eceive  for  their  services  the  sum  of  one 
hundred  and  sixty-six  dollars  and  sixty-six  cents  per  inoiilh.  and  all  [oilier] 
assislaiits  shall  have  had  at  least  thre<'  years'  experience  in  the  St.  Louis 
lire  department,  and  have  Iw^en  a  resident  of  the  city  for  at  least  five  year.s. 
The  secretary  shall  rec(MV<'  as  full  compensation  for  his  ser\ices  the  sum  of 
one  hundred  and  tifty  dollars  per  month.  The  assistant  secretary  shall  re- 
ceive as  full  compensation  f(U'  his  services  the  sum  of  one  hundred  and  fif- 
teen dollars  per  month.  The  master  mechanic  shall  receive  as  full  conijien- 
.siition  for  his  services  [the  sum  of]  one  hundred  and  sixty-six  dollars  and 
sixty-six  cents  per  month.  Captains  of  each  comjiany  shall  receive  as  full 
coin[>ensalioii  for  their  services  the  sum  of  one  hundred  and  lifteen  dollars 
|M>r  month.  Lieutenants  of  each  com|iany  shall  recei\'e  ;is  full  compensation 
for  their  .services  the  sum  of  f>ne  hundred  ami  live  dollars  per  month.  I'^n- 
>;ineers  shall  receive  as  full  compensation  tor  their  services  the  sum  of  one 
hundred  and  ten  dollars  per  month.  .\ll  other  members  of  the  department, 
except  hospital  liremen.  watchmen,  [and  hostlers]  shall  receive  as  full  com- 


G2G  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  6. 

pensation  for  their  services  the  sum  of  ninety-five  dollars  per  month ;  pro- 
vided, however,  that  new  men  appointed  to  the  department  shall  for  the  first 
six  months'  service  receive  seventy  dollars  per  month,  and  for  the  second 
six  months  eifihty  dollars  jjer  month.  Hospital  firemen  shall  receive  as  full 
comjtensation  for  their  services  the  sum  of  ei<;:hty  dollars  per  month.  Watch- 
men shall  receive  as  full  compensation  for  their  services  the  sum  of  eighty 
dollars  per  month,  provided,  however,  that  watchmen  shall  be  selected  from 
disabled  men,  or  others  who  have  sei'ved  on  the  dej)artmeut.  if  such  can  be 
found,  and  as  to  those  a])pointed  watclinien,  without  such  experience,  the 
monthly  salary  shall  be  sixty  dollars.  [Hostlers  shall  receive  as  full  com- 
pensation for  their  services  the  sum  of  sixty  dollars  per  month.]  (Ord. 
22278  and  22809,  ameuding  ord.  2202;?  and  M.  ("..  sec.  298.) 

As  to  duties  ot  firemt-n  at  the  public  institutions  named,  see  iulra  next  section: 
as  to  salaries  of  fire  telegrapli  department  see  R.  C,  sec.  318.  Those  portions 
of  the  above  ordinance  (sec.  287)  "wliich  are  enclosed  in  brackets  constitute 
amendment  enacted  by  ordinance  22809,  approved  Feb.  18,  1907,  and  are  not 
part  of.  or  incorporated  in  the  Revised  Code  as  enacted,  because  the  said  amend- 
ing ordinance  was  enacted  after  the  Revised  Code  was  submitted  to  the  assembly, 
though  before  its  passage.      (See  appendix  for  ord.   22809  as  enacted,  in  full.) 

Sec.  288.  Firemen  at  city  institutions. — [The  men  detailed 
at  the  city  iustitutious  named  in  .section  285]  shall  guard  aj^aiust 
the  dangers  of  fire  at  said  institutions,  and  prepared  in  the 
event  of  fire  to  combat  tlie  same,  with  the  assistance  of  the  employes  of  the 
institution,  until  the  arrival  of  the  ])roi)er  officers  of  the  fire  department. 
In  order  to  render  the  assistance  of  the  firemen  detailed  for  the  sei'vice 
aforesaid  as  efficient  as  possible,  it  shall  be  their  duty  to  drill  the  emjiloyes 
of  said  various  institutions,  from  time  to  time,  and  to  instruct  them  as  to 
their  respective  duties  in  case  of  fire,     i  Ord.  20428.) 

Ordinance  20428  did  not  include  Emergency  Hospital  No.  2,  not  tlien  in 
existence,  but  that  institution  is  included  in  the  new  ordinance  above,  appearinjr 
as    sec.    285. 

Sec.  289.  Chief— powers  and  «luties — The  chief  of  the  fire  de- 
j)artment  shall  have  the  superintendence  and  control  of  all  engines  and  en- 
gine-houses, hose  carriages  and  fire  and  life  saving  ajiparatus  of  every  de- 
scription belonging  to  the  city;  shall,  by  and  with  the  consent  of  the  Mayor, 
make  such  rules  for  the  regulation  of  the  department  as  may  be  necessary, 
and  shall,  when  deemed  expedient,  recommend  to  the  comptroller  the  sale 
or  disi)Osal  of  all  horses,  mules,  etc.,  or  any  fire  or  life  saving  apparatus 
belonging  to  the  city  which  may  be  unserviceable  or  not  in  use,  and  pro- 
ceeds of  all  such  sales,  etc.,  shall  be  paid  by  the  comptroller  into  the  city 
treasury,  taking  the  treasurer's  receipt  therefor,  and  a  copy  of  the  same 
shall  be  given  to  the  chief  of  the  fire  department,  and  a  c(t])v  fijeil  in  the 
ct>mptroller's  and  auditor's  office.  And  the  chief  of  the  fire  (l('])artment 
shall,  in  case  of  emergency,  with  the  approval  of  the  Mayor,  purdia.se  or 
hire  such  horses  and  mules  as  may  be  necessary  for  the  department,  and 
shall,  with  the  aj)proval  of  the  Mayor,  recommend  lo  the  commissioner  of 
supplies  the  jjurchase  of  all  forage  and  other  su]>plies  necessary  for  the  de- 
l)artment,  and  the  purchase  of  engines  and  other  ajiparatus  for  the  extin- 
guishment of  fires  and  saving  of  lives,  to  such  extent  as  apjiropriations  may 
he  made  therefor  by  ordinance.  He  shall  take  into  consideration  and  repoi-t 
all  matters  relating  to  the  fire  dejiartment  and  to  the  property  of  the  city 
connected  therewith,  and  shall  annually  make  to  the  Mayor  a  full  and  com 
plete  report  of  the  condition  of  the  department,  giving  in  such  report  a  list 
of  the  fires  in  the  city  for  the  year  next  ])receding.  the    number  of    false 


CHAP.  6. 1  OF  FIRE  DEPARTMENT.  627 

alarms,   the  estimated  aiiioiiiii   of   prnperty  destroyed,  and  sucli  other  sth 
tistic"!  ill  rehitioii  to  losses,  iiisiiiam  c  and  llie  causes  of  tires  as  lie  iria.v  Im' 
able  to  proiiii-e.  and  sneii  otiier  iiiforiiiatioii  and  sufjjjeslions  in  relation  to 
the  tire  (leiiarlinriit  as  iiiav  lie  neeessarv .      (  .M.  ('.,  see.  299.) 

Clmrtir  uiithorlty  to  enint  or>llmiiu-i>  to  purcha.-if  horses,  mules,  etc,  and  recom- 
mend purihnse  of  supplies,  etc.,  us  herein  provided,  see  Charter,  Art.  XI, 
see.   2. 

The  diit.v  Imposed  upon  the  chief  hy  Charter.  Art.  XI,  sec.  .'>.  to  Inspeit  build- 
ings, etc..  has  been  conferred  (by  authority  of  Charter,  Art.  HI,  sec.  32)  upon 
the   Commissioner  of    Public   Buildings:     See    Rev.    Code.   sec.    27. 

See.  290.  Same  subject — disputes — All  disputes  and  controversies 
arising;  in  relation  to  any  matter  connected  with  the  deiiartmeiit  anion;;  any 
ol'  its  companies,  olticers  or  memliers.  when  on  duty,  shall  he  summarily 
decided  liy  the  chief  of  the  tire  department,  or.  in  his  alisence  from  the  plaec 
of  ilifticuity.  hy  the  olTieer  in  command.  He  shall  attend  all  tires  that  may 
occur  in  the  city,  as  far  as  practicable,  and  all  orders  j;iveii  liy  him  to  any 
company  of  firemen  shall  he  proinj)tly  oheyed.  It  shall  be  his  special  duty 
to  .see  liiat  the  jirovisions  of  this  chajiter  and  all  ordinances  relating  to  the 
de|iartment  are  re^iiilaily  and  strictly  enforced.      {  M.  ("..  sec.  :W0.) 

S.c.  291.  ()lli<'e  to  be  in  «-i(y  hall— licMirs.  'I'lie  diief  of  the  tire 
deiiaitmeiit  shall  cslalilish  his  ollice  in  llie  cil_\  hall,  which  olViic  shall  he 
kejit  open  at  all  hours  of  the  day  and  nip:ht.     i.M.  ("..  sec.  :!(»!. ) 

See.  292.  Duties  of  assistant. — The  assistants  to  the  chief  of  the 
•ire  department  shall  discharo:e  such  duties  as  may  lie  prescribed  by  the 
chief  of  the  lire  department,  and  in  case  of  the  absence  or  inability  of  tlie 
chief  (d"  tire  deiiartmeiil  to  act.  all  duties  devolved  by  ordinance  u]iou  that 
olfieer  shall  be  disclinrp'd  by  the  senior  assistant  present  for  duty.  (M. 
C.  sec.  .■•.02.) 

See.  293.  Duties  of  secretary. — The  secretary  of  the  fire  depart- 
ment sliall  liave  charge  of  all  books  and  records  of  the  deimrtment.  He 
siiall  keep  a  correct  and  .separate  account  with  each  engine  and  truck  com- 
pany of  the  de|iartment.  of  all  expenses  and  repairs  liehuiging  thereto,  and 
shall  discharge  such  other  duties  as  may  be  iirescribed  by  the  chief  of  the 
tire  (h'partmeiit.  Jle  shall  prepare  all  \>ny  rolls  of  the  deparinieiit,  which, 
when  approved  by  the  chief,  he  shall  transmit  to  the  auditor,  who  shall 
draw  his  warrant  for  same  and  charge  it  to  approju-iaiion  for  lire  depart 
ment.     i  .M.  ('.,  sec.  HOS.) 

See.  294.  (}n:ilin«-at  ions  of  members. — \o  ])erson  tinder  twenty- 
one  or  over  foii\  ii\c  \c.irs  of  age  nIi:iI1  be  hereafter  appointed  as  a  niem- 
Imm-  of  the  lire  de|>artnieiit.  and  no  person  shall  be  apjiointed  who  is  not  a 
citizen  of  the  I'liited  Stales  and  a  resident  of  the  city  for  at  least  (wo  years 
preceding  his  api)licati(>n  for  appidntnient ;  but  nothiug  iu  this  section 
sliall  be  so  construetl  as  to  include  the  |(resent  memliers  of  the  present  tire 
(h'parlinent.      i  .M.  t'.,  sec.  :{<I4.I 

See.  29.").  I'niforms  |»res4-ribe(l. —  Kvery  member  of  the  tire  depart 
ment  shall  at  all  tires  wear  a  tire  hat.  according  to  his  rank,  or  jiosition. 
and  at  all  times  when  on  duty  li(>  sliall  wear  a  shirt  id'  uniform  color, 
witli  some  distinguishing  badge  by  which  he  can  Ih"  distinguished  as  a 
niemiMM-  of  the  St.  Louis  tire  de|iartmeiit.  it  iM'ing  understood  that  tlie 
articles  enumerated  in  tliis  section  Im'  rnrnished  by  the  members  at  their 
own  cost  and  e.xix-nse.      i  M.  ('..  sec  ."{(l."!.  i 


628  HEVISKl)   COI>l-;  or  GKNKRAL  OROINANCES.  ICHAP.  (i. 

Sef.  29C.  Police  power  of  ehief  and  assistants. —  The  tliiel 
of  fii-e  de])ai-riii('iif  and  assistants  shall  have  the  same  police  powers  at  all 
fii-es  as  the  chief  of  police,  and  may  command  such  assistance  from  the 
inhabitants  of  the  city  for  the  suppression  or  extinguishing  of  fires  as  may 
be  re(|uired;  they  shall  have  |io\ver  to  order  any  company,  fireman  or  other 
person  away  fi-om  the  neighborliood  of  a  fire.  Any  jierson  i-cfusing  to 
comply  witji  such  order  shall  be  decincil  guilt\  of  :i  misdemeanor,  and,  uii 
conxictioii  thereof,  be  fined  not  less  than  fixe  nor  more  than  twenty  dollars. 
(M,  ('..  sec,  ;!0(i.  I 

See   Charter,   Art.   XI.   sec.    3. 

iSec,  2!)7.  Vehicles  not  to  pass  over  hose.  —  Wlienever  any 
hose  of  the  fire  depaitment  is  laid  upon  any  street  or  alley  for  the  purpose 
of  being  used  by  the  department,  it  shall  not  be  lawful  for  any  wagon, 
dray,  street  railroad  car,  or  any  other  vehicle  to  pass  over  the  same.  The 
owner  or  driver  of  any  wagon,  dray,  street  railway  car,  or  any  other  vehi- 
cle, who  shall  drive  or  cause  the  same  to  be  driven  over  said  hose  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  before 
either  of  the  police  justices,  shall  be  fined  not  less  than  five  nor  more  than 
twenty-five  dollars;  but  nothing  in  this  section  shall  be  so  construed  as 
to  prevent  street  railroad  cars  from  crossing  said  hose,  when  laid  across 
their  track  or  tracks,  provided  they  u.se  a  truck  or  jumper,  so  as  not  to 
injure  the  hose  of  the  fire  department.     iM.  V.,  sec.  307.) 

Sec.  29S.  Drill  reqnired. — It  is  hereby  made  the  duty  of  the  cliief 
of  the  fire  deiiartment  to  cause  the  men  of  the  hook  and  ladder  comi>anies. 
and  the  Skinner  fire  escape,  to  be  drilled  in  the  duties  of  the  same  at 
least  once  each  week,  and  oftener  if  necessary,     (.M.  ('.,  sec.  HOS.  i 

Sec.  299.  Other  drills  reciuired. — \]\  the  meinbeis  »(  the  hook 
and  ladiler  conipanies.  imiiibeis  three  and  I'dur  of  the  fire  department,  shall 
be  i)rgajiized,  instructed  and  drilled  for  at  least  two  hours  (>ach  day,  exce])t 
Sundays  and  legal  holidays,  until  they  become  ])rojicient,  and  then  from 
time  to  time  as  the  chief  may  direct,  in  the  handling  and  practical  use  of 
the  scaling  ladders,  belt  hooks,  ro])es,  canvas  life-saving  tubes,  gripsacks, 
and  other  apparatus  of  the  Pompier  system  of  life  and  projierty  saving  at 
fires.      iM.  C.  .sec.  3(»!l.  i 

Sec.  300.  Drill  master  t()  he  provided. — The  chief  shall  at  all 
times  provide  for  one  of  each  company  to  act  as  the  drill  master  of  his 
coin]iany,  \\lio  shall  take  the  lead  at  drills  and  fires  in  the  abseiu-e  of  the 
insli-uctor.     lil.  C,  sec.  312.) 

Sec.  301.  IJijiiit  of  way  to  fires. — All  lire  a|ipai-atns  shall  ha\(> 
the  right  of  way  u])on  any  street,  avenue,  or  highway  when  going  to  any 
alarm  of  fire:  any  (lerson  or  ]iersons,  owners,  drivers,  ((Uidiulors,  or  en- 
gineers of  any  buggy,  wagon,  carriage,  cabriolet,  barouche,  street  car, 
street  railroad  lar,  steam  railroad  car,  or  other  vehicle,  ])ro])elled  by  hand, 
horse  or  steam  ])ower.  who  shall  carelessly,  wantonly,  maliciously  or  other- 
wise obstruct  or  intercejit  the  right  of  way  of  the  tire  ap])aratus  of  the 
city  while  going  to  a  fire,  shall  be  deemed  guilty  of  a  misileiiieaiior,  and, 
upon  conviction  thereof,  shall  be  fined  in  either  of  the  police  courts  of  the 
city  in  a  sum  not  less  than  five  noi'  more  than  twenty  dollars.  The  chief 
of   jiolice   is   hereliy   direcled    to   cause   copies   of   this   section    to   be   ])rint(Mi 


i-iiAi-  <;.!  U1-'  FiKi:  i>i:i'.\in\Mi:.\T.  C29 

ami  |ilaiarili'ii  in  ai  l<-asl  Um-Ivc  (■onsiiiciioiis  jilaccs  in  each  iiolicc  distrii't, 
and  a  topv  nf  the  same  sent  to  the  olVitr  nl  cvfi'.x  slicci  and  slcani  railroad 
i-(>ni|ian\   in  llie  cil.v.     (  M.  (".,  see.  :{14.) 

Sit.  :fOL'.  Cliiiins  for  (lanuiurs,  Imw  paid.  .\li  claims  Im-  dam 
a;;es  to  |t|-o|ierIy  oeca-siom-d  li\  tin'  lire  di'|iarl  mi'iil  shall  he  pn'senlcd  lo 
the  ehief  of  the  said  department,  whose  dutv  it  shall  he  in  cNaiiiiiic  ihcm, 
and,  if  fouinl  rorrect,  said  ollicei-  shall,  where  Ihc  aiiKuini  is  mil  iiioH'  lliaii 
tiftv  (hillars,  jiresenl  them  In  ilif  iiiawir  lor  a|i|ini\  al.  If  a|i|(io\rd  li\  iln' 
mavor,  the  chii'T  of  the  lire  ch'iiail  meni  shall  eerlilv  said  approNed  claim 
to  the  auditor,  who  shall  Ihcreniion  draw  his  warrant  lor  llie  amount  of 
said  claim  in  favor  of  the  jiarty  or  parties  entitled  tlierelo.  chari;inj;  tin,' 
.same  to  the  fund  f<.n-  tiie  lire  department.     (M.  <'.,  .see.  'Mit.) 

Tlii>  city  l.s  not  llubk'  for  daniaKCS  oi-fasloncd  by  the  carelessness  of  its  om- 
ployes  of  Its  lire  department  In  the  ordinary  discharge  of  their  duties,  nor  for 
defectiveness  or  Insiiftlclency  of  machinery  used  In  extlngulshln)!:  (Ires.  The  cre- 
ation of  the  lire  department  Is  not  for  the  peculiar  benelU  of  the  municipality  but 
of  the  public:  the  oftlcers  are  not  agents  of  the  city  In  the  sense  that  renders 
the  city  liable  for  their  acts:  Heller  vs.  Sednlla.  n'l  Mo.  159:  McKenna  vs.  St. 
Louis.  6  Mo.  App.  320. 

Sec.  .\0'.\.  Payments  of  .salary  «liiriiij'-  sickness. — In  case  an.v 
memlier  of  the  tire  department  is  pre\ciited  \>\  injury  or  sickness  caused 
liy  his  .service  in  the  de]iartment  from  |ierforniinji  his  duly  llierein  he  sliall 
receive  tlie  salary  and  coinpensalion  allowed  him  liy  law  durini^  such  dis 
ability  and  sickm-ss;  provided,  he  jyrodnces  the  cerliticate  of  the  chief  of 
the  tire  department  and  the  assistant  in  eliaffje  of  the  districi  in  whii  li 
sueii  inemhei'  is  employed  that  he  is  nnahle  to  work  from  the  cause  al'oi-e 
said;  jirovided.  no  such  com)iensation  shall  lii'  iillowcil  unless  ai)]iroved 
hy  the  mayor;  and  provided  fuiMher.  thai  such  paymeni  sIkiII  not  roiiiiniic 
loiifier  than  a  perio<l  of  six  moiilhs.      i  M.  ('..  sec.  MUi.) 

Sec.  'Mi.  (rii>|»lc(l  and  «iisalil«-tl  liivnii'M. — Tlie  t'iiy  of  Si.  Louis 
herel)y  aeeepts  the  terms  and  conditions  of  an  act  of  the  (Jeneral  Assenddy 
of  tlie  State  of  Missoni'i.  entitled.  ".\n  act  lo  provifh-  for  the  creation, 
maintenance  and  niana<;ement  of  funds  for  the  |>ensioniiio  of  crip|)led,  dis- 
ahlcd  and  retired  tiremen.  and  for  Ihe  relief  of  the  widows,  minor  childi-en 
and  dependents  of  the  decea.sed  lireineii.  and  retirement  from  ser\  ice  of 
memhers  of  tlie  tire  department  and  the  pensionin*;  of  memliers.  ihi-ir 
widows,  minor  children  and  depemh-nts  in  all  cities  in  this  State,  which 
now  hav(»  or  wliich  hereafter  aeipiire  a  poiMilation  of  more  than  one  hiiii 
dred  thousand  inhahitanis."  lajiproved  March  t wentyihird.  nincicen  hun 
dred  and  three  i  and  a},'rees  to  he  houml  liy  the  same,  and  il  hcreliy  sets 
apart  one  per  centum  of  all  revenue  received  for  munici|pal  pur|Mises  aft^r 
the  lie^inniii':  of  the  ne.xt  tisi-al  year,  which  may  he  ih-rived  li\  the  city  from 
licenses,  as  a  fund  pursuant  to  the  terms  of  s:iid  act,  (Ord.  ■JNli".  .sec  1. 
ameiidmeiir,  I 

Refers  to  Ijiws  1903.  p.  87.  See  "I.^aws  Specially  Relating  to  St.  Ixiuls." 
ante  pp.  I,i7-16i).  being  Chapter  X:  see  also  Const.  JIo .  An  IV.  sec.  i~,  which 
authorized  the  statute. 

S.c.  :!(!.-».  |{ii;ld  lo  r«-|»cal  or  :iiM'-iid  itnitx  «-d.  Tie  .Muiiicii.al 
.Vssemhly  resei'M's  the  ri-zht  to  amend  or  repeal  Ihe  precediii<;  .s«>etion  .at  anv 
time  liereafter.     l/b..  sec.  2.) 


630  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  7. 

CHAPTER  7. 

FIRE  AND  POLICE  TELEGRAPH  DEPARTMENT. 

Sec.  306.  Signal  of  alarm  of  fire. — All  alarms  of  lire  .shall  be 
signaled  to  the  proper  departments  of  the  City  of  St.  Louis  by  means  of 
the  fire  alarm  telegraph  system  of  said  city,  the  central  station  or  office  of 
which  shall  be  located  in  the  city  hall  until  otherwise  directed  by  the 
Municipal  Assembly  or  mayor.     ( M.  C,  sec.  318.) 

Sec.  307.  SuperinteiKlent. — The  fire  alarm  telegraph  sy.stem  shall 
be  under  the  control  and  su])ervision  of  a  superintendent  of  Are  and  police 
telegraph,  who  shall  have  the  entire  care  and  management  of  the  rooms, 
aj)i)aratus  and  machinery  of  said  system  and  be  resj)onsible  for  the  constant 
good  i(']iair  and  working  of  the  same.     (M.  ('..  sec.  310. ) 

Sec.  308.  Same,  bond  of. — Such  superiutendcut  shall  be  required 
(o  give  a  good  and  sufficient  bond,  to  be  ajjproved  by  the  mayor  and  coun- 
cil, in  the  sum  of  five  thousand  dollars,  to  the  city  for  the  faithful  j)erform- 
ance  of  his  duties.   ( M.  C.  sec.  320.) 

Sec.  309.     Appointment  of  assistants  and  employes. — The  su 

perintcndent  of  the  tire  and  police  telegrajih  (l('|)artment  shall,  by  and  with 
the  approval  of  the  mayor,  apj)oint  one  chief  operator,  three  operators, 
three  assistant  operators,  three  fire  alarm  inspectors,  one  chief  telephone 
inspector,  two  telejthone  insjjectoi-s.  three  telejihone  operators,  one  chief  of 
construction,  three  line  rejiairers  and  one  batteryman,  to  be  under  Ijjs 
control  and  direction,  and  in  like  nuuiner  from  time  to  time  he  is  duly 
authorized  to  till  any  vacancy  that  may  occur  in  that  number  of  resigna- 
tion, dismissal   or  otherwise.      (M.  C,  sec.  321.) 

Sec.  310.     Oatli    of   employes The  operators,  inspectors,  chief  of 

construction,  the  re])airers  and  batteryman,  before  entering  ujion  their 
duties,  shall  be  (lualitied  by  oath  that  they  will  faithfully  iierform.  to  the 
best  of  their  aiiility,  the  duties  of  rheir  respective  offices  and  observe  the 
ordinaiu'cs  of  the  City  of  St.  Louis.     (M.  ('.,  sec.  322.) 

Sec.  311.     Control  and  direction  of  duties  of  operators,  etc. 

— The  said  su|terintendent  shall  have  control  and  direct  the  (hiiics  of  the 
<ij)erators.  rejiairers  and  batteryman.  have  power  to  suspend  or  discharge 
them  I'oi-  ucglei-t  or  violation  oC  rules  and  regulations;  iirovided,  any  oper 
at(U-,  repairer  or  batteryman  so  susiicnded  or  discharged  shall  ha\e  the 
right  to  appeal  to  the  mayor,  whose  decision  in  the  premises  shall  be  fiual. 
(M.  C.  sec.  323.) 

Sec.  312.  Superintendent — control  and  power. — The  snpeiin 
tendent  of  tire  and  |(olice  li'Icgrajili  shall  have  the  entiie  control  of  all  the 
poles,  line  wire,  telephones,  signal  stations  and  all  a|ii)urt<>nances  of  said 
telegra])h  syst<'m,  and  may  make  such  improvements  and  alterations  as  to 
him  may  seem  projK'r,  ]iroviding  no  extra  expense  is  incui'red  further  than 
can  be  met  by  the  said  telegraj)!!  system,  and  such  expen.se  shall  be  paid 
out  of  the  annual  ap])ro])riation  of  said  telegrajth  dei>artment,  and  in  case 
of  damage  or  desti'uction  of  signal  stations.  ]ioles,  line  wire,  etc.,  by 
lightning,  storms  of  any  kind,  or  by  the  natuial  «ear  of  the  wires  or  poles, 
which  may  disable  or  interfere  with  the  pi'oper  working  of  the  system, 
it  shall    be   the  duty   of  said  superintendent  to  cause  said   damage   to  be 


CHAP.  7.)  OK  FIRK   AND   POLICE  TELEGRAPH  DEPARTMENT.  631 

ri'paired  iu  lliu  sliorli'st  possiibk'  spatt'  of  tiiiu',  and  il  sliall  also  1k'  the 
duty  of  said  superintendent  to  employ,  with  the  approval  of  the  mayor, 
as  much  extra  labor  as  he  may  see  proper  to  expedite  the  niakiiif;  of  said 
necessary, repairs.      (  M.  C.  sec.  31*4.) 

Sec.  .'Uo.  KecoiMls  to  be  kept. — The  said  siipciintendent  shall  keep 
at  the  central  office  a  record  of  all  liis  oflicial  transactions,  and  a  correct 
systematic  account  of  all  moneys,  botli  reieipts  and  expenditures.  He 
shall  also  cause  to  he  made  by  the  operators  on  duty  a  correct  record  of 
the  exact  time,  date  and  nnnihcr  of  stations  froiii  wIkmicc  alarms  of  fire  are 
received.      (  M.  C  sec.  ."{li.").  i 

See.  314.     .Siiperiuteiuleiit— mithoritj   of,  (<»  erect  poles — The 

said  superintendent  is  hereby  authorized  to  erect  and  maintain  a  line  or 
lines  of  telej^rajih  poles  for  the  use  of  the  city  and  in  the  interest  of  said 
tire  alarm  and  jioiice  tele^ra|>h  de])ar(ment.  ui>on  any  street  or  streets  of 
the  saiil  cily.  and  shall  have  the  power  to  excavate  for  the  same,  providinfi 
he  shall  cause  said  poles  to  be  .set  in  the  sid(>\valk  and  within  one  fool  of 
the  outer  marjiin  thereof,  and  that  lie  \\ill  not  violate  siicli  ordinances  as 
may  exist  in  that  relation  as  applied  to.  or  under,  the  department  of  the 
stre<'t  commissioner.     (M.  C.  sec.  32(>.) 

See.  .315.     Vivv  alarm— whose  «lul>    to    ^ive.      It    shall    be     the 
iluty   of  the  memlicis  of   the   jiolice  department    and   holders  of  keys   to   the 
lire  alarm   signal  stations   immediately   on   the  discovei-y  of  a   lire  to  com 
municate  the  fact  to  the  central  office  of  the  tire  alarm   lel<"j;fa|)li,  by   |iiill 
inn  "'e  book   provided   for  that    ])urp()se,   in   the  neaicst    tire  alarm   bo.\   to 
the  fire:  also   that  such   person   ^rivinj;  an  alarm   sli;ill   remain   at  the  box 
from    whence   he   sijjjnaled    the  alarm    until    the   arrival    of    the   tire   dejiarf 
meiit,    when    it    shall    become   his   dwl.\    to   direct   said   department    to    tin' 
locality  of  the  lire,      i  M.  <".  sec.  3'J7.) 

Sec.  3Ui.  Taniperiiijj:  with  si<;iial  boxes  prohibited. — No  jier 
son  or  persons  shall  open  any  of  the  sii.'nal  boxes  coniKMicd  with  the  tire 
alai'in  telef;ra|)li  system  for  the  purjiose  of  ;;iviiij;  a  false  alarm,  or  ]>ull 
the  hooks  therein,  except  in  case  of  fire,  or  tam|)er.  meddle,  or  interfere 
in  any  way  with  said  boxes,  or  any  part  thereof,  by  cuttiiifi,  breakinj;,  in- 
jurinj;  or  defaciufi  the  same,  or  interfere  in  any  way  wliatsoever  with  the 
machinery,  apparatus,  line  wire,  poles,  or  brackets,  or  in  fact  anytbinji  con- 
nected with  any  jiarl  of  said  tire  alarm  and  ]iolice  telef;raph  <leparl  ment, 
nor  connect  the  same  by  any  means  so  as  to  interfere  with  the  jiroper 
working  of  said  system,  or  with  intent  so  to  do.  Any  person  or  persons 
who  shall  be  ;niilty  of  a  brea<'li  of  any  of  ihc  piovisions  of  this  chaiJleT" 
shall  Im>  deemed  ;;uilty  of  a  misdemeanor,  and.  upon  conviction  thereof,  be 
tiiu'd  not  less  than  twenty-five  nor  more  than  two  hundred  and  tifty  dollars. 
If  any  person  intrusted  with  a  key  to  the  sij;nal  boxes  shall  knowiufily  make 
or  cau.se  to  Im-  made  an  impression  or  cojiy  of  sai<l  key,  ex<'ept  by  written 
order  of  the  superintendent  of  said  de[»artment.  such  person  shall  be 
deemed  {guilty  of  a  misdemeamir.      (  M.  (".  see.  .'iiS.  i 

See.  .317.     Snperiiileiuh'iit  — riiU's  to    be  a«lo|><«Ml  by. — The  su- 

|K'rinlendent,  with  \\if  ai^prdval  nf  the  chief  of  the  liir  de|i:irtment.  shall 
adopt  such  rules  and  directions  f<U'  si>;nalin;,'  .ilarms  of  fire  to  the  various 
de|>artmenfs  of  the  city  not  herein  provided  for.  and  have  the  power  to 
alter  and  change  the  same  from  time  to  time;  all  of  which  rules,  regula 


tJ3-J  KEVISHD   COUK   OR  GENERAL  ORDINANCES.  [CHAP.  S. 

tions  and  cliaugi's  shall  be  binding  upon  all  persons  eounected  with  said 
depaitnient,  after  a  copy  of  the  same  shall  have  been  placed  on  tile  in  the 
office  of  the  chief  of  the  fire  dejiartnieut  and  the  city  register  and  pub- 
lished in  the  same  manner  as  ordinances  of  the  city  are  jtublished:  provided, 
that  the  municipal  assembly  shall  at  all  times  liave  the  power  to  alter. 
amend  or  annul  the  same.      (M.  ('.,  sec.  329.) 

Sec.  318.  Salaries.  —  The  compensation  of  the  superintendent  for 
his  services  shall  be  at  the  rate  of  twenty-four  hundred  dollars  per  annum: 
the  compensation  of  the  chief  tire  alai-m  ojierator  for  his  services  shall  be 
at  the  rate  of  eighteen  hundred  dollars  per  annum;  the  compensation  of 
the  three  fire  alarm  ojierators  for  their  services  shall  be  at  the  rate  of 
twelve  hundred  dollars  per  annum  each;  the  compensation  of  the  three 
assistant  fire  alarm  ojjerators  for  their  services  shall  be  at  the  rate  of 
nine  hundred  dollars  per  annum  each;  the  compensation  of  three  fire  alarm 
ins])ectors  for  their  services  shall  be  at  the  rate  of  twelve  hundred  dollars 
[ler  annum  each;  the  compensation  of  the  chief  telephone  inspector  for  his 
sei'vices  shall  be  at  the  rate  of  thii-teen  hundred  twenty  dollars  jier 
annum;  the  compensation  of  the  two  telephone  in.spectors  for  their  services 
shall  be  at  the  rate  of  twelve  hundred  dollars  per  annum  each;  the  com- 
jtensation  of  the  three  telephone  operators  for  their  services  shall  be  at  the 
rate  of  six  hiindred  dollars  j)er  annum  each ;  the  compensation  of  the 
chief  of  construction  for  his  services  shall  be  at  the  rate  of  ten  hundred 
eighty  dollars  per  annum;  the  comi)ensation  of  the  three  line  rejiairers  for 
their  services  shall  be  at  the  rate  of  nine  hundred  dollars  per  annum  each; 
the  compensation  of  the  batteryman  for  his  services  shall  be  at  the  rate 
of  nine  hundred  dollars  per  annum;  all  salaries  shall  be  paid  monthly.  (  M. 
C.  sec.  330.) 

As  to  salaries  of  employes  in  the  fire  department  see  R.  C.  sec.  2S7. 

See.  319.  Horse  and  bnj;:j'y  for  superintendent — A  horse  and 
buggy  shall  be  allowed  ft)  the  superintendent  of  tire  and  police  telegraidi. 
to  be  acquired  and  maintained  at  the  cost  of  the  city,  the  cost  of  said  horse 
and  buggy  not  to  exceed  four  hundred  dollars.      (^1.  ('..  sec.  331.) 


CHAPTER   8. 

OF  FIREWOOD  -AND  CHARCO.AL.* 

•In  connection  with  this  chapter  see  Chapter  40,  sees.  2531-2599,  containing 
numerous  provisions  as  to  certificates,  weighing',  scales,  inspections,  fees,  weights, 
measures,    penalties,   etc. 

Sec.  320.  FireAvood — how  arraniie*!  on  vehicles. — .VI 1  firewood 
brought  to  tliis^city.  otherwise  than  by  water,  for  sale,  .shall  be  brought 
in  vehicles  whicli  shall  be  open  at  the  sides  in  such  manner  as  to  permit 
the  officer  charged  with  the  measurement  thereof  to  examine  the  same  with 
accuracy,      i  M.  ('.,  sec.  :!;')"_'.  l 

Sc('.  3"il .  Firewoo«l  to  he  measured.— Before  any  '.irewood  brought 
to  tiiis  city  ill  vehicles  shall  be  sold  the  person  bringing  the  .same  shall 
cau.s<'  it  to  lie  measured  by  some  of  the  weighers  of  hay  and  stone  coal,  and 
receive   rioin   him  a   certificate  of   the   (piantity.     The  certificate  aforesaid 


CIIAI'.  8.]  OI''    KIHl-;\VOUI>    .\.\1>    CIIAltCOAL.  (533 

shall    slalc    llic    iiuiijIkt   uI'    IccI    iiiiilaiiirii    in    siicli    luad.    ami    llir    iiiniilici' 
III'  ((lids  or  pans  df  i  (nds  llic  Micasiiicil  (|iiaiili(\    ihilsI  il  iilcs.      iM.  ( '..  sec. 

Sec.  3"J2.  I)llt>  of  llirilsiirri".  -  In  making  sin  li  iMcasiircnicnl  il 
siiall  lie  tile  iliily  (if  llic  dilioT  to  cxainiiic  carcriilly  llic  iiianncp  in  which 
tlie  wood  is  (tiled  in  liic  x'chiclc.  and  make  a  suilalile  dednclioii  for  loose 
and  iiiipi'o|iei'  pilin-i.  and  loi-  iinuluilmss  ami  iiiicvenness  ol  llie  wood,  i  M. 
C.  sec.  :{:{4.i 

Sec.  .S23.  NaiU«'  to  Ix-  ;;i\rll.  No  ceiiilicalc  shall  he  ;;i\en  liy 
a  wei;;lier  of  liav  and  stone  coal  iiiilil  ilie  ]iei'son  ajiplyinjf 'for  measure 
melit  of  wiiod  shall  ^i\('  his  iiaiiie  In  llial   ollicei-.      i.\l.  •"..  sec.  ;{:{.").  I 

Sec.  ;{iM.  Luatl  fiTtifu'd  not  to  he  tliiiiinislietl. — No  person. 
after  having;  ii  load  oi-  (|uaiitit,v  of  wood  measured  and  leceived  a  certifi- 
cate as  afore.said,  shall.  Iiefore  sale  thereof,  diminish  tlie  (iiiaiitily  tlKM-eof. 
(.M.  ("..  sec.  ;{:{(>.) 

See.  325.  Certificate  to  be  «leliver«Mi  to  pim-liaser.  .\u\ 
IKM-son  hriiij^in;;  wood  lo  this  city  in  a  Nchicle.  and  aliei-  liaviii;;  the  same 
measured  as  hereinlierore  ]iro\i(le(l,  niakili;.;  sale  Ihereol',  shall  deli\('r  llie 
certilhate  recei\-ed  hy  him  as  aforesaid  to  Ihe  ]iurchaser,  who  siiall  relain 
and  in  no  case  i-edeli\(T  Ihe  same  lo  llie  \('iidor.      (  M.  ( '..  sec.  .■{:{".  I 

Sec.  326.  l-"ecs.  —  'I'lir  wci^lii-rs  of  hay  and  stone  coal  shall  lie  en- 
titled to  charge  liu-  each  cerlilicale  delivered  by  them  as  aforesaid  ti\(' 
cents,  which  shall  he  paid  (Ui  Ihe  delivery  Ihereof  hy  the  jierson  lia\ilij{  the 
wood  measured,     i  M.  ('..  sec.  M.'iS. ) 

Sec.  327.  Conl— eonipntation  of.  —  In  all  measureineuts  of  wood 
under  this  chapler  a  c(U(l  shall  he  compiiied  at  the  rale  of  eifihl  feet 
in  lenfjtli,  four  feet  in  hreadlh  ami  lour  leei  in  lieii;lii.  widl  siored  and 
packed,  and  jiarls  of  cords  shall  he  i-ompule(l  in  Ihe  same  piopori  ion.  iM. 
( "..  sec.  3:{1».  I 

Sec.  328.  Blanks  to  be  I'liriiisluMl.  '{'he  ( ity  register  .shall 
fnrnisli  to  each  weijjlier  of  hay  and  sioiie  coal  iiriiiied  hlank  forms  f(u-  cer- 
titicates,  to  Im>  used  hy  them  as  iirovided  and  re(|iiired  herein:  and  Ihe 
register  shall  likewise  furnish  each  weigher  of  hay  and  stone  coal  with  a 
sutficient  nuniher  of  printed  copies  of  this  cha|iler  so  that  a  copy  thereof 
may  he  delivered  lo  each  |>eisoii  hriiiging  tirewood  lo  llie  city  lor  sale. 
I  M.  ('..  sec.  :!4(l.  I 

See.  32!t.  Vanl-ke<'i>er.s  ami  v«'iulors  <»r  \>4»(mI  <liit  iesof. — ^Kvery 
jierson  keeping  a  wood  yard  and  selling  wood  in  small  (|Uaiitilies  shall  de- 
liver to  the  purchaser  thereof  a  ticket,  .setting  forth  the  ((uanlity  so  s(dd  in 
cords  and  rraetional  cords,  and  shall  deliver  the  <|uantity  set  forth  in  said 
ticket.  .Vny  person  delivering  a  less  ipianlity  than  set  forth  in  said  ticket 
shall  !»■  deemed  guilly  of  a  misdemeanor,  and,  upon  conviction  thereof, 
shall  1m>  lined  in  a  sum  nf  not  less  than  ten  nor  more  than  one  hundred  dol 
lars.      I  M.  ('..  sec.  ."til.  i 

See.  330.  ( 'eri  IfK-at  »•  of  iiie;i<>iii-('iiieiit  to  he  j^^ixeii  — ICvery 
weigher  shall  give  a  cerlilicale  of  iiieasurcmeiil.  wliiiji  shall  iruly  state 
(piantity  as  directed  in  section  .'t^l.  and  shall  charge  no  more  nor  less  than 
f<H's  allowed  liy    the  pi'ovisions  of  this  cliapter.      (  M.  C,  .sec.  342.) 

Sec.  331.     Chareoal     liow  iiieasiireil.      .Ml    chaiioal    lu-oiight    into 
this  city  and  otfered  for  sale  shall  he  measured  by  the  liush(d.  and  all  has 
kels  or  other  vea.sels  in  which  said  cliarcoal  is  m)>asnre(l  shall  he  inspected 


C34  REVISED   CODE  OR  GENERAL  ORDINANCES.  [CHAP.  9. 

I).v  rlie  inspector  of  weij^lits  and  measures,  and  li.v  him  stamped  or  marked 
to  be  correct;  and  said  ins])ect()r  shall  be  entitled  to  a  fee  of  fifteen  cents 
for  each  basket  or  otlier  vessel  so  inspected  bv  him.     (M.  C.  sec.  343.) 

See.  332.  Measures  to  be  inspected. — I] very  person  who  sells  or 
offers  for  sale  aiiv  charcoal  in  this  city  shall  have  his  basket  or  other  vessel 
with  which  he  measures  the  same  inspected  as  jirovided  in  the  preceding 
section.     (M.  C,  see.  344.) 

See.  333.  Penalty. — Any  person  who  shall  violate  or  fail  to  comply 
with  any  of  the  provisions  or  obligations  contained  in  this  chajiter  shall 
be  deemed  j;uilty  ol'  a  inisdem(>anor,  and.  upon  conviction  thereof,  excei)t 
as  otherwise  provided  for,  shall  be  fined  not  less  than  five  nor  more  than 
twenty  dollars,     i  M.  C.  sec.  345.) 


CH.APTER  9. 

OF  GAS.  INSPECTION  OF.* 
•For  Charter  authority   see  Chart.,   Art.' III.   sec.   26,   clause   7. 

Sec,  334,  3Ieter  —  when  to  be  tested.  — Ir  shall  be  the  duty 
of  supervisor  of  city  li<;htin,t;',  njion  the  written  i-esuest  of  any  gas  consumer 
to  have  the  meter  supplying  him  with  gas  tested,  to  call  at  the  residence 
or  place  of  l)usiness  of  the  consumer  and  disconnect  the  meter  from  the 
service  ])ipe  of  the  gas  comi)any  supplying  gas  through  the  said  meter,  and 
bring  the  same  to  the  place  for  testing  meters,  and  the  said  supervisor  shall 
thereupon  jirove  and  test  the  meter  to  ascertain  its  accuracy;  and,  in  the 
(•\ent  of  the  meter  proving  accurate  within  the  meaning  of  this  chapter,  the 
(•onsumer  is  recpiired  to  pay  to  the  su]iervisor  the  sum  of  one  dollai-  for  such 
inspection.  The  su|>ervisor  shall  give  a  recei])t  therefor,  countersigned 
by  the  city  register,  and  ]>ay  such  collections  every  Saturday  of  each  week 
into  the  city  treasury.  And  if  the  meter  prove  incorrect,  the  consumer  is 
to  be  at  no  expense  for  the  said  testing;  and  the  su])ervisor  is  thereupon 
re(iuired  to  immediately  notify  the  gas  company  of  the  inspection,  in  writ- 
ing, stating  the  ])ercentage  of  inaccuracy,  and  order  the  placing  of  a  cor- 
rect meter  in  place  of  the  one  jiroving  incorrect;  and  any  i-efusal  or  neglect 
to  do  so  within  twenty-four  hours  after  receiving  due  notice  shall  be 
deemed  a  misdemeanor,  and,  upon  conviction,  said  conqiany  shall  be  lined 
ten  dollars.     (M,  C,  sec,  34G,) 

Sec.  335,  Supervisor— duties  of. — It  shall  also  be  his  duty  to 
inspect,  test  and  determine  the  ]iurity  and  illuminating  power  of  the  illu- 
minating gas  furnished  by  any  gas  company,  person  oi-  persons  in  this  city 
to  consumers,  and  to  rei)ort  to  the  mayor  at  least  ome  in  each  week,  in 
writing,  the  conditi<ui  of  said  gas  as  to  purity  and  illuminating  ])ower.  He 
shall  make  liis  t(>st  daily,  and  in  case  of  failure  to  su])ply  gas  by  any  gas 
company  according  to  the  terms  of  contract  entered  into  by  the  city,  under 
any  ordinance,  he  shall  notify,  in  writing,  the  mayor  and  the  company  so 
failing;  and  in  case  of  failure  for  three  consecutive  days  to  furnish  gas  of 
the  standard  riMpiired  by  contract  under  any  ordinance  he  shall  collect 
from  the  company  so  failing,  after  giving  the  resjiective  com])any  notice 
in  writins;  on  each  dav  of  said  failure,  the  sum  of  two  hundred  and  fiftv 


CHAP.   9]  OF  INSPKCTION   Ol'  OAS.  (536 

dollars  for  siidi  thiitl  dav  and  eacli  siitccfdiiif;  day  iiiiiil  the  gas  is  of  the 
standard  and  i|nalit_v  jirovidcd  for  in  said  contract,  and  ]iay  tho  same  to 
tlic  city  trcasuriM',  taking  triplicate  rccciiits  tor  llio  same,  lilinj;  one  in  the 
♦."oniptroller's  ot'lice,  and  one  in  the  auditor's  ot'lice;  in  cas(>  of  failure  to 
supply  iiiuininal  in;;  j;as  acccirdinj;  to  ijic  standard  provided  liy  any  con- 
tract, occasioned  by  some  unavoidable  accident,  the  i)enalty  provided  for 
in  this  section  shall  not  be  enfcu'ced.  but  no  such  penalty  shall  be  ivmitted 
until  satisfactory  proof  shall  be  furnished  by  said  gas  c(un|)any  to  the 
mayor  that  such  ai'cident  was  not  caused  through  any  negligence  on  the 
part  of  said  company,  and  was  of  such  character  as  to  render  said  failure 
unavoidable,      i  M.  <".,  sec.  lUT.  I 

8cc.  :i:i6.     Siiporvisor.s  to  oxamiiu'  pipes  of  public  liiiu|>s. — 

The  supervisor  shall  satisfy  himself,  from  piTsonal  examination,  lliat  the 
connecting  pipes  of  the  jiublic  lamps  are  of  sutficient  size  to  admit  a  free 
llow  of  gas,  and  are  otherwise  entirely  unobstriH'ted ;  and  it  is  hereby  made 
his  duty  to  see  that  the  contract  (Mitered  into  under  any  ordinance  is  strictly 
com|ilie<l  with,  and  he  shall  rejiort  any  failure  to  comply  willi  ilic  same  to 
the  ma_\or.  in  writing,  without  delay.      i.M.  ("..  sec.  '.'>\S.) 

See.  .'{37.  Meters  to  be  sealeil  and  stanipe«l.  Ilcrealur  no  new- 
meter  shall  be  set  or  jiut  in  use  withoiit  tirst  being  sealed  and  stamped  as 
provideil  by  this  chajiter;  and,  fui'therniore.  from  the  date  of  said  suju'r- 
visor's  entry  u]ion  the  duties  of  his  olfice  no  meter  wliaiexcr  shall  be  sent 
from  any  gas  company  without  the  seal  and  stamji  of  the  su|ier\  isor 
thereon:  and  the  supervisor  is  hereby  reipiired  to  examine  and  test  any 
melei-  sent  to  the  place  of  testing  by  any  gas  coni|iany  .it  the  rale  of  a  dozen 
meters  within  twenty-four  hours  fi-ee  of  charge  therefor,  and  seal  and 
stamp  the  same  if  found  correct;  and  any  gas  company  using  such  meters 
without  being  seale<l  and  stamped  by  said  su])ervisoi-  as  aforesaid  shall  be 
di-emed  guilty  of  a  misdemeanor,  and  siiall,  on  conviction  thereof,  bi'  fined 
li\e  dollars  for  I'ach  day  that   such   ineler  has  been   use<l.      (  M.  ( "..  sec.  :!-$!>.) 

Sec.  li.iS.  DilVereiK-e  in  rejfistration  to  be  adjusted.  Any  dif 
Terence  in  the  registration  of  the  meicis  iiciwccn  ihc  consuniers  and  the  gas 
companies  shall  1k'  promptly  adjusted  by  said  comjianies  u]ion  the  written 
statement  of  the  sujiervisor.  When  a  meter  is  found  to  register  inaccu- 
rately, the  gas  company  is  re(piife<l  to  make  the  |)roi)er  reduction  accordiTig 
to  the  i>ei'centage  of  inaccuracy  ii]ioii  the  aiiiouiit  charged  in  last  bill. 
I  M.  {'..  svv.  :!."il.  I 

See.  339.  .dieters— law  ri'^julating:  aeeuraey.  The  law  regulating 
the  aec»n-a(y  of  meters  shall  be  as  follows:  all  meters  registering  within 
OIK*  jK>r  cent  of  exactness,  or  not  ranging  more  tlian  two  cubic  feel  in  every 
one  humlred  cubic  feet  registereil.  shall  be  considered  accurate.  i  M .  ( "., 
sei-.  :{.">!.  I 

See.  .UO.  Meters  — record  and  report  of  insp«M'tion. — It  shall  be 
till-  duty  of  said  supervisor  to  i-nti-r  into  a  book  the  nundiir  of  mdcrs  inspected, 
proved,  sealed  or  condemned  by  him.  and  also  the  name  of  the  manufac- 
turer, and  he  shall  make  full  rejiorts  of  all  the  ojieratioiis  of  his  office  semi- 
annually to  the  mayor  and  Muiiiiipal  .Vssembly  at  the  beginning  of  each 
regular  session,  and  oftener  if  re(|uired.     ).M.  <"..  sec.  352.) 

See.   341.     SealH — penalty   f<)r  e<)unterfeitingr  or   defa«'in{;. — 

If  any  jierson  or  ()ersons  shall  counterfeit  or  willfully  deface  the  seal  jilaced 


tJ36  REVISED   CODE  OR  GENERAL  ORDINANCEa  ICHAP.  10. 

Upon  any  jias  inefer  I)\  the  siijiervisur.  I  lie  iier.son  or  iiei-hions  s(i  olVcnciinj' 
shall  lie  jiuiltv  oT  a  inisdcnieanor.  and  shall,  upon  convirtion  thereof,  be 
tiued  not  less  tlian  Iweutvlive  dollars  nor  more  than  one  hundred  dollars. 
fM.  ('..  sec.  353.) 

Sec.  342.  Time  tables  for  li<>litins-  to  be  pi-ovided. —  It  shall 
be  the  duty  of  the  supervisor  of  city  lij;htinj{  to  make  out  and  cause  to  be 
printed  time  tables  for  lighting  and  extinguishing  the  public  lamps,  and 
furnish  the  police  dejiartnient  iivith  the  same.     (.M.  ('..  sec.  3.54.1 

Sec.  3t3.  Duty  chief  police.— J t  is  hereby  made  the  duty  of  the 
chief  of  police  to  report  daily  to  the  mayor  and  sni)ei-visor  of  city  lighting 
the  general  condition  of  the  street  lami)s  and  lamji  posts,  stating  location 
of  such  lamiis  and  j)osts  as  are  out  of  order  or  requiring  names  of  streets, 
and.  also,  to  report  tlie  location  of  lamjis  not  lighted  as  s]iecitied  under  any 
contract,  and  under  any  ordinance.     ( M.  ("..  sec.  3."i."i.  i 

Sec.  344.     Bills  jjas  companies  to  be  submitted  to  supervisor. 

— .\11  bills  of  gas  comjianies  against  the  city  shall  be  submitted  by  them 
to  the  supervisor  of  city  lighting,  who  shall  certify  their  correctness  to  the 
comptroller,  after  making  all  proper  deductions  under  the  foiiiis  of  any 
contract  or  ordinance,     i  M.  C,  see.  3oC>.) 


CHAPTER   10. 

H.\RBOR    AND    WHARF   DEPARTMENT.' 

•For  ordinances  relating  to  Harbor  and  Wliarf  Conimi.ssioner,  see  pos/.  sec. 
1964   ,./  j,-ff. 

ART.        I.      Ot  Harbor  and   Wliarf  regulations 
and    offenses. 
n.      Of  Wharfage. 

III.  Of  Wharf-boats. 

IV.  Of  Wood. 

V,      Of  Scavenger   Dumps. 
VI.      Of  Ferries. 

ARTK^.K  T. 

OF    H.\RBOR    AND    WHARF    REGULATIONS   AND    HEREIN    OF   OFFENSES. 

Sec.  345.  What  wharf  shall  eoni[>rise. — The  wharf  of  the  city 
shall  comprise  Front  street  and  all  the  lands,  rivei-  banks  and  beach  dedi- 
cated, condemned  or  belonging  to  the  city  for  wharf  imiposes  within  t)i(^ 
(  ity.     I  M.  C,  sec.  337.) 

AA'idth  of  Front  street  ti.xed  by  ordinance  1146.  The  jurisdiction  of  the  city 
extends  to  the  middle  of  the  channel  of  the  Mississippi:  Const,  of  Missouri.  Art. 
I.  sec.  1;  Charter  of  St.  Louis  City,  Art.  I.  sec.  2.  and  notes  thereto.  The  harbor  of 
St.  Louis  comprises  the  bed  of  the  Mississippi,  its  channels,  sloughs,  bayous,  bars 
and  islands,  from  the  mouth  of  the  Missouri  to  the  mouth  of  the  Meramec  river: 
Charter.  Art.  IX.  sec.  3;  and  as  to  territorial  .iurisdiction  of  Harbor  and  Wharf 
Commissioner  see  sec.  4  of  same  article.  The  city  is  given  power  over  wharves 
and  docks:  Charter,  Art.  3.  sec.  26.  clause  4.  A  city  has  authority  to  establish 
any  wharf  line  as  a  reasonable  regulation  respecting  the  harbor,  which  is  not 
an  arbitrary  fixing  of  the  wharf  line  so  far  from  the  tiavigable  portion  of  the 
river  as  to  amount  to  an  unlawful  interference  with  the  rights  of  a  riparian 
owner  to  reach  the  water  from  his  land;  the  latter's  right  is  limited  by  the  power 
of  the  municipality,  to  whom  the  ])(iwer  is  di'legated   by  the  State  to  make  reason- 


AKT    1.)  OF    HAHHr)!!    ANI>    \V  1 1  A  H  I'    It  IK  ;  ri.ATK 'NS.  637 

ablf  regulations  cstabllKliliii;  a  Mm,-  lu-yoiid  whicli  striicturcs  shall  not  be  iTtntcd: 
Gould  on  Waters,  sec.  138:  Railroad  v.s.  Illlnoi».  116  V.  S.  4rir>:  Prosscr  vs.  Hall- 
road.  IDS  U.  S.  59:  Yates  vs.  Milwaukee.  10  Wall.  (U.  S. »  -IS":  Turner  vs.  People 
Ferry  Co.,  21  Fed.  94:  see  also  liallroad  vs.  Stockyards.  120  Mo.  552.  Anil  see 
State  e.x  rel.  vs.  I^njffellow.  189  Mo.  109.  as  to  obstruction  of  the  navigation  of 
the  Mississippi  river  by  bullOln);  into  the  stream:  and  see  also  In  general  that  In 
a  navltrable  stream  the  public  rl(;ht  is  paramount,  and  that  a  city  cannot  Krant 
a  right  operating  to  obstruct  the  navigation ;  West  Chicago  Ky.  vs.  Chicago. 
201  U.  S.  50G.  and  Myers  vs.  St.  I-ouls.  s  Mo.  Api).  2i'>fi.  s.  c.  S2  Mo.  3117.  s.  c. 
lU   V.  S.   r.66. 

In  l.So3  under  Its  Charter  the  City  of  St.  Louis  had  power  to  acquire  property 
outside   Its  limits  for  wharf  purposes:    Hafner  vs.  St.   Louis.   IBl   Mo.  34. 

The  city's  title  to  the  wharf  property  has  been  much  litigated  but  the  title 
and  accretions  finally  determined  to  be  In  the  city.  See  Sweringen  vs.  St.  Louis. 
131  Mo.  34S  (writ  of  error  dismissed  in  V.  S.  Sup.  Ct.:  IS.'.  U.  S.  38;  see  also 
Joy  vs.  St.  IajuIs.  201  V.  S.  332):  Mafner  vs.  St.  Louis.  161  Mo.  loc.  clt.  41;  St. 
I.ouls  vs.  Mo.  Pac.  114  Mo.  13;  Moses  vs.  St.  L.  Sectional  Dock  Co..  84  Mo.  242 
(south  wliarf). 

Property  may  be  condemned  for  wharf  purposes:  Waddinghani  vs.  St.  Louis. 
14  Mo.  190.  Property  condemni'd  for  wharf  pur|)Oses  cannot  be  appropriated 
to  a  different  and  Inconsistent  use.  nor  can  any  part  of  It  be  dispo.sed  of  by  the 
city  for  private  purposes:  Belcher  S.  R.  Co.  vs.  St.  L.  G.  Kl.  Co..  82  Mo.  121: 
s.  c.  101  Mo.  I.  c.  200;  but  the  maintenance  of  a  warehouse  building  on  the  wharf, 
to  be  used  In  connection  with  a  grain  elevator  is  a  use  Incident  to  a  public 
..harf:    Belcher  S.  R.  Co.  vs.  St.   U  G.  Co.,  101   Mo.   192, 

If  the  river  Is  diverted  by  the  city  to  make  a  new  wharf  line,  or  by  extend- 
ing streets  Into  the  river.  It  Is  liable  to  the  riparian  owner  as  a  taking  of  his 
property  for  public  use.  etc.:  See  Meyers  vs.  St.  Louis.  S  Mo.  App.  266  (sec 
s.  c.   82  Mo.   367;   113   U.  S.   566). 

By  an  act  passed  June  12,  1866.  Ch.  116.  sec.  9.  14  St.  03,  Congress  rellmiulshed 
to  the  City  of  St.  Louis  all  the  right,  title  and  Interest  of  the  United  States 
"in  and  to  all  wharvi'S.  streets,  lanes,  avenues,  alleys  and  of  the  other  public 
thoroughfares"  within  the  corporate  limits;  but  this  did  not  purport  to  authorize 
the  city  to  Impair  the  rights  of  other  riparian  proprietors  by  extending  streets 
into  the  river:     St.   Louis  vs.  Myers.   113   V.  S.  566,  567. 

.\s  to  the  construction  of  a  free  bridge  across  the  Mississippi  see  references 
In  note  (a)  to  sec.  27.  Chap.  4  of  "Laws  Specially  Applicable  to  .St.  Louis."  ante 
page  86.  and  case  of  Haeussler  vs.  St.  Louis  (Sup.  Ct.  In  banc.  103  So.  West.  1034. 
rleclded   July    2.    1907). 

As  to  the  right  of  the  city  to  charge  wharfoge.  see  below,  note  to  Bev. 
Code.   Art.   2  of  this  Chapter. 

Sfc.  ma.  KasliTii  Itoiindary  liiu'  of  wliarf — The  castiin  Imuhi- 
<liirv  line  (if  tin-  \vh;irt'  a.-^  In-rcin  c.-^tiilili.-^lnd  shall  hv  eastward  from 
tile  husf  line  (leseribed  in  section  348,  and  it  .shall  be  two  Imndred 
and  fifty  feet  ilistaiit  and  parallel  thereto  from  ])oint  (one)  at  the 
southern  limit  nf  the  City  of  St.  Ijoiiis  to  point  (tliirty-foiir  A),  near 
Franklin  ;i\i-iMie:  :iiid  from  ]ioinl  irortyi  al  Mound  street  to  |)oiiil  i  sixty  I 
at  the  iiiii'tliein  eii\  jiinji  :  iM-tweeii  Franklin  avenue  and  Monnd  street  it 
.tliail  lie  distant  as  follows:  Two  hundred  and  forty-seven  feet  at  a  point 
I  thirty  four  Mi.  two  hundred  and  forty  two  feet  at  point  ( thirty  four  C), 
two  hundred  and  thirty  oi};iit  feet  at  point  i  thirty-flvo)  Riddle  street,  two 
hnnilied  and  thirty  feet  at  jioint  ( tliirty-six )  Ashhn  street,  two  hundred 
and  Iweiilylive  ftH't  at  point  (thirty-six  A  I,  two  hundred  and  twenty-two 
fei't  :il  point  ( thirty  .seven  I  Smith  street,  two  hundred  and  I  wenty-eifjht 
feet  :if  point  1 1  liiity  cifilit  I  Florida  street  and  two  hundred  and  thirty- 
.seven  feet  at  point   (  thirty-nine  I   Miillanphy  street.      Mtnl.  jr-^iti,  see.  l.j 

See  preceding  note.  The  Wtsl^n  boundary  line  of  the  wharf  was  tlxed  In 
port  by  ord.  5403.  approved  Aug.  6.  1864.  As  to  condemnation  proceedings  In 
pursuance    thereof,   and    eslahllahnient   of    tlie    wharf   sec    facts    stated    In    Belcher 


(538  REVISED   CODE  OR  GENERAL,  ORDINANCES.  [CHAP.  10. 

S.    &    R.    Co.    vs.    St.    L.    G.    El.    Co..    101    Mo.    loc.    clt.    198;    and    in    Moses    vs.    St.    L. 
Sectional  Dock  Co.,   84  Mo.   loc.  cit.  244-245. 

This  ordinance  establishes  the  western  line  from  a  point  in  Blddle  street 
northwardly  to  the  then  (1855)  city  limits  and  from  Hazel  (Chouteau)  to  the  then, 
southern  limits  of  the  city  (Keokuk),  making  no  provision  from  Biddle  to  Hazel. 
This  ordinance  was  afterwards  repealed  by  ord.  9889.  approveJ  Jan.  22.  1876.  in  so 
far  as  the  southern  portion  (from  Anna  street,  now  St.  George,  to  Keokuk  street), 
was  defined,  and  by  the  latter  ordinance  a  new  line  was  enacted  from  the  north 
line  of  Anna  street  to  the  southern  city  limits  at  River  des  Peres.  Ord.  9889  was  in 
turn  repealed  by  ord.  11078  (which  is  sec.  379  of  Mun.  Code  1901)  and  the  latter 
ordinance  again  repealed  by  ord.  21236.  though  in  the  repeal  no  mention  is  made 
of  M.  C.  sec.  379.  which  as  stated  was  ord.  1107S  which  is  in  terms  repealed. 
(All  of  these  ordinances  also  fixed  the  eastern  wharf  line,  but  in  so  far  as  the 
east  line  goes  they  are  repealed  by  ord.  21236,  being  sees.  346  to  351  of  this  Re- 
vision.) The  undefined  western  line  of  the  wharf  in  the  central  portion  of  the 
city  (from  Biddle  to  Chouteau)  must  be  determined  by  the  effect  of  the  condem- 
nation proceedings  for  that  purpose    (see  sec.   345  and  note  thereto). 

The  eastern  wharf  line  fixed  by  ordinance  is  identical  with  the  outer  harbor 
line  of  the  system  of  harbor  and  wharf  lines  adopted  by  the  United  States  War 
Department  April  6,  1903.  and  approved  by  the  Secretary  of  War. 

Sec.  347.  Same— (listance.s  and  ordinates.— All  distances  givea 
liei-eiu  [sees.  34010  351]  ;iic  lioii/.oiitiil  and  all  uidinates  dcsci-ibed  as  roct- 
angular,     [lb.,  sec.  '2.) 

Sec.  348.  Same — boundary  line. — Commencing-  at  a  point  (one) 
in  tlic  soutliein  houndai-v  line  of  the  city,  which  point  is  in  the  eastern 
jn-olongation  of  the  line  fium  "stone  two"  to  "stone  one."  and  two  hnu- 
dred  and  twenty-five  feet  from  "stone  one;"  thence  to  a  i)oint  itwo)  in 
the  north  line  of  Davis  street,  seven  linndred  and  eighty  feet  eastward  from 
the  southwest  corner  of  block  number  tiiirty-one  hundred  and  eighty-seven ; 
thence  to  a  point  (three)  in  the  north  line  of  Stein  street  two  hundred  and 
seventy  feet  eastward  from  the  southwest  cin-ner  of  block  number  thirty 
Imndied  and  eightyeight  ;  llicnce  to  a  i)oint  (three  A)  twelve  feet  from  the 
middle  an<l  on  the  westwar<l  side  of  the  straight  line  joining  the  fixed  point 
(three)  with  a  point  (four)  hereinafter  described;  thence  to  a  point  (four) 
in  the  eastern  prolongation  of  the  south  line  of  Kraus  street  one  thousand 
and  seventy  feet  from  the  noi'thwest  corner  of  block  number  thirty  hundred 
and  eight;  thence  to  a  point  divei  in  the  eastern  prolongation  of  the  south 
line  of  Kansas  street  seven  hundred  and  eighty  feet  from  the 
northwest  cornel-  of  lilock  number  Iwenty-nine  hundred  and  sev- 
enty-six; thence  to  a  poini  (live  \)  ten  feet  from  the  middle 
and  on  the  westward  side  of  the  straight  line  joining  the  fixed  point  (five) 
with  a  point  (six)  hereinaftei-  described;  thence  to  a  point  (six)  in  the  east- 
ern i)rolongation  of  the  noi-th  line  of  Dover  street  three  hundi-ed  and  fifty 
feet  from  the  southwest  cornel-  of  blo(-k  number  twenty-eight  hundred  and 
eighty-eight;  thence  successi\cly  to  three  jioints  (six  A),  (six  B)  and  (six 
('),  in  the  ordinates  wlii(-li  divide  into  four  eipial  parts  the  sti-aight  line 
joining  the  fixed  point  (sixi  with  a  point  (seven)  hereinafter  described, 
the  said  three  points,  in  order  northward,  being  twelve,  seventeen  and 
twelve  feet  westward  from  the  said  straight  line  ;  thence  to  a  point  (seven)  in 
the  eastern  ])rolongation  of  the  south  line  of  Maeder  street  five  hundred  and 
eighty  feet  from  the  noi-thwt-st  (-orner  of  block  nund)er  twenty-seven  hun- 
dred and  ninety-one;  thence  successively  to  three  points  (seven  A),  (seven 
H)  and  (seven  C),  in  the  ordinate's  which  divide  into  four  e(|nal  jiarts.  the 
straight  line  joining  the  fixed  point  (seven)  with  a  point  (eight)  hei-einafter 
described,  the  said  three  ])oints.  in  order  northwai-d,  being  fourteen,  eight- 
een and  fourteen  feet  westward  from  the  said  straight  line,  thence  to  a 
point  (eight)  in  the  eastern  ])i-olongation  of  the  nortli  line  of  Neosho  street 
w<!st  of  l?ioadw;iv.  one  tlioiisaiid   four     hundred  and   fortv      feet   from   the 


AHT.  I.J  OF  HARBOn   AND   WHARF   REGII.ATIONS.  C>.19 

soutlicast    CI)!-!!*'!'    of    block    miinlicr    (went  vsevi'ii    liuiMircd    and    oifilitwii ; 
tlieiu'i-  siRiessively    to   four   [umiiIs    iei};l»l   A),    (fit;lit    15),    (eight   C)    and 
(eight  D),  In  tlie  ordinates  which  divide  into  five  equal  parts,  the  stiaiglit 
line  joining   the   lixotl   jioint    (eight)    with   a   jioint    (iiinet    hereinafter  de 
sci-il>e(l.  the  sai<l  tour  |ioints  in  order  norlliward.  ix-ing  twenty  oni-,  thirty- 
four,   tliifly  seven   and    tweniyeight    feet    westward    fi-oin    the   said   straight 
line;  tiienee  to  a  point   ininei    in  the  eastern  |)i-olongal  ion  of  Ijie  south  line 
of  Meraniee  street  west  of  .Marine  avenue  one  liionsand  three  hnndred  and 
twenty  live  feet  fwnii  the  noriliwesi  i  oi'ner  of  hloek  nninlier  twenty-six  hun 
dred  and  sixty-live;  ilicine  lo  a  poiiii   i  nine  A)  ten  feet  from  ilic  middle  and 
(HI  the  westward  side  of  the  siiaiglil   line  joining  the  tixeil  poiiii    ininci  with 
a  point    (tell)    hereinafter  descrilieil :   llinice  In  ;i   iioiiil    i  len  i    in    llic  (M.-^ln-n 
prolongation  of  the  sonth  line  of  ( Isage  si  reel  eiglil  hnndred  and  ninei\    Irci 
from    tlie    northwest    corner    of    hloek    nnmliered    Iwenlysix    hnndred    and 
twelve:   tlienee   to  a   point    (ten   A  I    five   feet    from    the   middle  and   on    tiie 
westward  side  of  the  straight  line  joining  the  lixed  point   deiii   with  a  point 
(eleven)    hereinafter  deserihed;   thenee  to  a  i)oint    (eleven)    in   the  eastern 
prolongation  of  the  south  line  of  Cahokia  street  one  thousanil  two  hnndred 
and  sixty  |feet|  from  the  northwest  corner  of  hloek  nnmher  seventeen  hnn 
dred  ami  sixty-two:  thence  to  a  jioint    (twelve)    in  the  eastern  prcdongation 
of  the  south  line  of  President  street  one  thousand  ami  Ihirly  feel   from  the 
northwest    corner   of    hloek    nnmher   seventeen    hnndred    and    .se\enlyfonr : 
thence  to  a  point  (thirteen)  in  the  eastern  prolongation  of  the  south  line  of 
Cherokee  street  nine  humlred  and  thirty  feet  from  the  northwest  corner  of 
hloek  nnmher  seventeen  hundred  and  eighty  seven  :  thence  to  a  ])oint   ( four- 
teen i  in  (he  south  line  of  I'tali  street  eight  hundred  and  ninety  feet  eastward 
from    (he   northwest    corner   of  hloek    nnmher   twenty    hnndred   and    thirty- 
eight:  (hence  to  a  point   (fourteen  A)   fixe  feet  from  (he  middle  and  on  the 
eastward  side  of  tlu'  straight  line  joining  the  fixed  point   I  fourteen  i    wiih  a 
point  (fifteen)  hereinafter  deserihed;  thence  to  a  point  ((ifteen)  in  the  north 
line  of  Arsenal  street  one  thousand  four  Imndred  and  twenty-five  feet  east- 
ward from  the  so\ithwest  corner  of  hloek  nnmher  twenty  hundred  and  seven- 
te<'n  :  thence  to  a  ](oint  (tifteen  A)  five  feet  from  the  middle  and  on  the  east- 
ward side  of  the  straight  line  joining  the  tixed  ]ioint    (tifteen)   with  a  point 
(sixteen)    hi'reinafter  deserihed;   thence  to  a   ]ioint    (sixteen)    in   the  south 
line  of  Dorcas  strwt  one  thousand  three  hundred  and  lifly  five  feet  eastward 
from  the  northwest  corner  of  hloek  nnmher  twenty  hundred  and  seventeen; 
thence  successively  to  three  points  (sixteen  A),  (sixteen  B)  and   (sixteen 
(').  in  the  ordinates.  which  divide  into  fcnir  equal  jtarts.  the  straight  line 
joining  the  tixed   point    i  sixteen)    with  a  point    (seventeen)    hereinafter  de- 
serihed  the  said   three   points    in   ordi-i-   mirlhward.    heing   twenty,    twenty- 
five  and  twenty  feet  eastward  from  the  said  straight  line;  (hence  to  a  iioint 
(seventeen)    in   the  eastern   ]irolongation  of  the   norili      line  i<(   Si.   (Jeorge 
street    liftythriH'   feet    from   the     southeast    corner  of   Idoik     mimlier  sexeii 
hnndred  and  .seventy-six;  thence  to  a  point  (seventeen  A)  five  feet  fr<iiii  ihe 
iniildle  and  on  the  eastward  side  of  the  straight  line  joining  the  tixed  point 
( .st'venteen )    with    a    point     (eighteen  i    hereinaller    deserihed  ;    (hence    to   a 
point    leighteeni    in    the  eastern   jirolongat  ion   of   the  south    line  of  A'ictor 
street  tifty  three  feet  from  the  northeast  eorm-r  of  hloek  inimlxM-  seven  hnn- 
dred and  seventy-seven:  thence  to  a  point    i  eighteen   .\  )    live  feet    from  the 
middle  and  on  the  eastward  side  of  the  straight  line  joining  the  fixed  point 
(eighteen)  with  a  point  (nineteen)  hereinafter  descrilM'd  ;  thi-nce  to  a  point 
I  nineteen  I    in   the  eastern   iirolongation  of  the  sonth   line  of  Karton  street 
ninety  ftn-t   from  the  mntheast  coiiier  (d'  hloek  nnmher  eight   hundred  anil 
seventy-one;  thence  successively   to    three    points     (nineteen   A),    (nineteen 
Hi  ami   i  nineteen  ("i.  in  the  ordinates  which  divide,  into  four  equal  parts, 


040  REVISED   CODE   OR  OENERAL  ORDINANCES.  [CHAP.  10. 

(lie  stiaijilii  line  ji>iiiinji  the  lixed  jiuiiit  i  uineteen  |  with  a  point  (twenty) 
hercinartei-  descrihiMl.  tiie  said  three  points  in  order  nortliward,  bein>!; 
twelve,  sixteen  and  ten  feet  eastward  from  the  said  straiglit  line;  thence  to 
a  point  (twenty!  in  liie  eastern  proloiij;ation  of  liie  iiortli  line  of  l^esper- 
auce  street  fifty  feet  from  tlie  southeast  corner  of  liiociv  nundier  eiylit  hun- 
dred and  sixty-six ;  tlience  to  a  ]>oint  ( twenty  A  i  five  feet  from  the  middle 
and  on  tlie  eastward  side  of  the  straight  line  joining  the  fixed  point 
(twenty)  with  a  point  (^ twenty-one)  hereinafter  described;  thence  to  a  point 
(twenty-one)  in  the  eastern  prolongation  of  the  north  line  of  Carroll  street 
one  hundred  and  ten  feet  from  the  southeast  corner  of  block  nundier  eight 
hundred  and  sixty -three :  thence  to  a  point  (twenly-twol  in  the  eastern 
prolongation  of  the  north  line  of  Miller  street  one  hundred  and  forty  feet 
from  file  southeast  corner  of  lilock  number  eight  hundred  and  sixt.\  ;  tlience 
to  a  point  (twenty-three!  in  the  eastern  prolongation  of  the  south  line  of 
Kutger  street  one  hundred  and  forty  feet  from  the  northeast  corner  of  block 
number  eight  hundred  and  fifty-nine;  thence  to  a  jioint  (twenty-four)  in 
the  eastern  jn-olongation  of  the  south  line  of  Convent  street  one  hundred 
and  t weiity-se\en  feet  from  the  northeast  corner  of  block  number  eight 
hundi'ed  and  fifty-eight:  thence  to  a  jioint  (twenty-live)  in  the  eastern  jiro- 
Imigation  of  the  south  line  of  <"lioutean  avenue  one  hundred  feel  from  the 
northeast  c(nner  of  block  number  eight  hundred  and  tifty-seveu  X.;  thence 
to  a  point  (twenty-six)  in  the  eastern  prolongation  of  the  south  line  of 
Gratiot  street  seventy-two  feet  from  the  northeast  corner  of  block  number 
eight  hundred  and  tifty-five;  thence  to  a  point  (twenty-seven)  in  the  east- 
ern ]ii-olongation  of  the  south  line  of  Pluiii  street  eighty-four  feet  from  the 
northeast  corner  v(  block  number  eight  hundred  and  tifty-three ;  thence  to  a 
point  (twenty-eight!  in  the  eastern  prolongation  of  the  south  line  of  S]iruce 
street  eighty-six  feet  from  the  northeast  corner  of  block  number  three; 
thence  to  a  point  (twenty-nine)  in  the  eastern  prolongation  of  the  south 
line  of  lOlni  street  eighty  feet  from  the  northeast  corner  of  block  number 
five;  thence  to  a  point  (thirty)  in  the  eastern  prolongation  of  the  south  line 
of  ■Market  street  seventy  feet  from  the  noi-theast  corner  of  block  number 
seven;  thence  to  a  point  (thirty-one!  in  the  eastern  prolongation  of  the 
south  line  of  I'ine  street  forty-live  feet  from  the  northeast  corner  of  block 
number  nine;  thence  to  a  point  (thirty-two)  in  the  eastern  prolongation  of 
the  south  line  of  Locust  street  fifteen  feet  from  the  northeast  corner  of 
block  nuniber  eleven;  thence  to  a  point  (thirty -three)  in  the  eastern  pro- 
longation of  the  south  line  of  Washington  avenue  twenty-three  feet  from 
the  northwest  corner  of  block  number  thirteen;  thence  to  a  jioint  (thirty- 
four)  in  the  eastern  prolongation  of  the  north  line  of  Morgan  street  twelve 
leet  from  the  southeast  corner  of  block  numlier  sixteen;  thence  successively 
to  three  jtoints  (thirty-four  A),  (thirty-four  B)  and  (thirty-four  C).  in  the 
ordinates  which  divide,  into  four  e(|ual  jiarts,  the  straight  line  joining  the 
fixed  j)oint  (thirty-four)  with  a  i)oint  (thirty-five)  hereinafter  described 
the  said  three  points  in  order  northward,  being  thirteen,  twenty  and  fifteen 
feet  eastward  from  the  said  straight  line;  thence  to  a  point  (thirty-five)  in 
the  eastern  prolongation  of  the  south  line  of  Riddle  street  three  hundred 
and  twenty  feel  from  the  northwest  cormn"  of  block  numlier  nineteen;  Ihence 
to  a  ])oint  (thirty  six)  in  the  eastern  ]U'olongat  ion  of  the  north  line  of  Ash- 
ley street  one  liiindred  and  twenty-six  feet  from  the  southeast  corner  of 
block  numbei-  (wd  hundred  and  twenty-eight;  thence  to  a  point  (thirty-six 
A)  five  feet  from  (lie  middle  and  on  the  eastward  side  of  the  straight  line 
joining  the  fixed  jioint  (thirty-six)  with  a  point  (thirty-seven  I  lien'inafter 
described:  thence  to  a  point  ( thirly-seven)  in  the  eastern  jirolongation  of 
the  sonlli  line  of  Smith  street  two  hundred  and  i\\o  feel  from  the  northeast 
corner  of  blocl;  niiii!ber  two  hundred  and  thirty:  Ihence  to  a  jioint    (thirty- 


ai;t.  i.| 


OK 


i.vKr.i>ij  ANM  \\iiat:i'  iikijit-ations 


1141 


(>i;;lit  I  ill  llii'  I'Msli'i'ii  |)i'iiliili^;H  ion  III'  ihr  smiili  linr  iil'  I'liii-iihi  slii'i'l  I  wd 
liuiiiii'cil  anil  twi-iiiv  It'ct  Irdiii  llic  ikiI'IIiimsi  ((irnci'  ul'  lilnrk  iniiiilicr  I  wo 
liiiiiilrcd  ami  lliiil,\  Iwn;  lliciic)'  lo  a  puinl  i  lliirtv  iiiiii' i  in  tlic  caslrrn  |ii(>- 
liiii;;ati(>n  ol'  llic  iiurlli  line  ol'  M  iilianpliv  slrcct  one  linndicil  and  Imlv 
sfVt'ii  Icct  fi'iiin  llic  sontlicasl  rtirnrr  of  liliuk  iininlicr  two  linndrcd  and 
tliirtyroiir;  llicncc  lo  a  |i(iiiit  i  I'orlx  i  in  i\\v  eastern  |irn|on<;atii>n  id'  tiie 
siinlli  line  td'  Mound  sli-eel  one  lininlicd  and  eijflily-live  feel  I'roni  the  north 
east  eorner  of  Idoik  nniidier  two  linndn-il  and  tliirl,\  Iim' ;  tlieiirc  hi  a  point 
(I'oriy-onei  in  the  easlern  jirolon^at  ion  ol'  ihe  north  line  of  l!i-ooUlyn  sirecl 
two  linndi'*>d  and  til'ty  feet  I'l-oni  the  soniheasi  corner  of  hlock  niuiilier  luo 
linndred  and  I  hii-l.vse\eii ;  thenee  lo  a  poiiil  (  lorlv  one  A)  six  feel  from 
Ihe  niiildle  and  on  the  eastward  side  id'  the  straij^ht  line  joinin};  the  lixed 
point  irorlv-onei  with  a  point  (forlvtwoi  hereinafter  desrrilted;  thence  lo 
a  point  (  fortvtwoi  in  Ihe  eastern  prtdoii^ation  of  the  north  line  of  Tyler 
street  three  lininlred  and  einlily  ti\c  feel  from  llic  souiiicasi  (diiici-  ol  Mm  k 
iinndier  two  hundred  ami  ei-ilily  nine  !•', ;  thence  to  a  poini  (  forty  I  hree  (  in 
the  eastern  pi-oloii'^at  ion  of  the  north  line  of  Madison  street  fonr  linndred 
and  ihii-ty  se\en  feet  from  the  sonlheast  corner  of  l)lock  niiniliei-  two  linn- 
dred and  ninety-one  E;  thence  to  a  point  i  forly-fonri  in  the  easlern  pro- 
loii^jation  of  the  south  line  of  Norlii  .Market  sti'eet  five  linndred  feet  from 
the  northeast  <-orner  of  lilock  nnmber  twenty-one  Inindred  and  forty  Iwo: 
I  hence  to  a  pcdnt  (forty  IImm  in  I  he  casicin  iirolon'^ai  imi  ul  ilic  iioiiii  line 
of  Warren  sti-eet  live  linndred  and  till.\  feel  from  the  sontlicasl  ioi-ner  of 
Idock  nnmlier  six  hnmlred  and  seventx  two  10;  thence  to  a  point  i  forty  six) 
in  the  eastei-n  jirojonjiat  ion  of  the  north  line  v(  St.  Louis  avenue  live  hun 
dreil  and  ei;;lily  feet  fi-om  tlw  sontlicasl  coiMier  of  hlock  nninher  six  hnii 
dred  anil  sixtyeij;lit  I'] :  thence  lo  a  |ioini  i  fort  \  se\  en  i  in  I  lie  eastern  |iro 
lon^Mtion  of  Ihe  iiorlh  line  of  l)ock  sliecl  four  liiinihcil  and  ninety  feel 
fi'oni  the  southeast  eorner  of  block  nundier  twenl\  li\i-  IniiMlicil  ami  I'oiiy 
four;  thence  lo  a  point  I  foi-ty-eij;ht  )  in  the  eastern  prolonj;ai  ion  of  the 
north  line  of  Destrehan  street  foni-  linndred  ami  sixty  feet  from  llic  sonlh 
east  corner  id'  Mock  nnmlier  tweiity-tiM'  hundred  and  thirty ci^lit  ;  theme 
to  a  point  I  forty-nine)  in  the  eastern  |irolon;;al  ion  of  the  noi-lh  line  id' 
Salislinry  street  four  hnnilreil  and  thirty  live  feet  from  ilic  Minilicasi  corner 
of  Idock  nnmlwr  twenty-five  hundred  and  lliirlyfmii  ;  ilienrc  in  a  point 
iliftyi  in  theeaslei-u  prolon<;ation  of  the  imiili  line  nl  Kicnicn  a\riinc  iliree 
hundred  and  ninety-live  feet  from  the  soutlieast  coi-iiei-  of  Idock  nnmlier 
lwent.\-tive  hnndi-ed  and  t  went.\ -the :  Iheiice  to  a  point  I  fifty  A  I  ten  feel 
from  the  middle  and  on  the  eastward  side  of  the  straij;lil  line  joininj;  the 
lixed  point  itiftyi  with  a  jioint  itiflyonei  hereinafter  descrilied;  Ihence 
to  a  jioint  itifly-niie)  in  Ihe  eastern  proloii;;ation  of  ihc  noiili  line  of  Aii- 
lieliea  stni-t  two  hundred  ami  se\enly  feet  from  the  sunilicasi  coi-ner  of 
lilock  nninlM>r  twenty-live  linndred  and  se\en:  llieme  in  a  pnini  iiiri\  i  w  o  i 
in  Ihe  eastern  prolon^Mtion  of  the  south  line  of  Ferry  street  one  linndred 
and  lifty  fti-t  from  the  northeast  coi-ner  of  lilock  iiumliei'  twenty  li\e  hnn- 
dred  and  six;  Ihence  successively  to  three  points  (fifty  two  A  I.  (fifty  two 
I'll  and  ififty-two  ("i.  in  the  ordinates  which  divide,  into  fonr  eipial  pai-ts. 
the  strai;;lil  line  joiniii;;  Ihe  fixed  point  (fifty-two  I  wiili  a  |inini  ififfy- 
threi'i  hereinafter  descrilied,  the  said  thriH'  points  in  order  liorlhward,  Iwiiif: 
tliirry-live.  forfy-five  and  thii-fy-five  feet  eastward  from  the  said  straii,dit 
line;  thence  to  a  point  (  fifty  three  i  in  the  north  line  of  (Iranil  avenue  three 
linndred  .and  ninety  feet  eastward  from  the  southeast  cornei-  of  Idock  niiiii 
Ikm-  thirty  iIii-ii'  hnnilreil  and  twenty  two;  theme  to  a  point  ( tiffy-three  A) 
fell  fe<'t  fi'oni  the  middle  and  on  ihe  eastward  side  of  the  straij^lit  line  join- 
ing: the  fixed  point  ( fifty  three  I  with  a  point  (fifty  four  i  hereinaflei'  de 
scrilK'd ;   thence   to  a    [loint    i  fift.x  four  i    in    the  eastern    prolon;;at  ion   of   the 


(;i_)  REVISED   CODE  OR  GENERAL  ORDIX.\NCES.  [CHAP.  10. 

south  line  (iT  rniiric  iwi'iiiic  I'mir  lmiiilif'(l  ami  Twciit.v  I'cct  IVoiii  flic  north- 
cast  (•(iiiicr  of  block  riiiiiilicr  lliirl.vtliirc  Inuidrcd  and  thirty  I'oui- ;  thence 
sncccssixcly  lo  cijilil  [loiiiis  i  liriy-four  Ai,  I  tirty-loiir  H),  itifty-four  C), 
(filtyloiir  I)  I.  (tilly -four  Kl.  i  titty  loui-  F).  i  fifty-foui-  (J)  and  i  fil'tylour 
111.  in  tin;  oi-diTiatcs  which  divide,  into  nine  e(|nal  jiarts.  the  straifjlit  line 
joininji  the  fixed  jioinl  i  iilty  I'onr  i  with  a  point  itiftyfivel  hereinafter  de- 
sciMJK'd.  the  said  eij^lit  parts,  in  order  noiihward  liciii<;  rorty-scveu,  one  hun- 
dred and  twenty-five,  two  hundred  and  Ich.  two  hundred  and  seventy-five, 
two  hundred  and  ninef\,  two  hundred  and  eijility.  fw ohnndrtMl  and  tliirty  and 
one  liiindred  and  toity-five  feet  westward  from  the  said  sfrai;;hf  line:  thence 
ft)  a  i)oint  (fifty-five)  in  liie  north  line  of  Humholdt  avi'uue  two  tiiousand 
and  sc\'cnty  fcef  easiwanl  from  the  southeast  corner  of  hlock  nuniher  foi'ty- 
two  hnndied  and  fen;  thence  successively  to  nine  points  ( titty-five  A  I, 
(lifty-i"ive  Hi.  (fifty  five  Ci.  (titty-live  1)|.  (fifty-five  Hi.  Ififty-live  F), 
(fifty-five  (ii.  (fifty  five  ill  and  (fifty-five  I|.  in  the  ordinates  which  divide, 
into  ten  e(|Ual  ]iarts.  the  slraiuhl  line  joiniuj;  the  fixed  jioint  (fifty-five) 
with  a  point  ( fifty-six  i  hereiiialter  described,  the  said  nine  ]ioints.  in  order 
northward,  bein^  one  hundred  and  foity-seven.  two  hundred  and  sixty,  tliree 
hundred  and  fift\.  four  hundred  and  einht.  four  iiundred  and  thirty,  four 
hundred  and  sixteen,  three  hundred  and  sixty-three,  two  hundred  and 
seventy -eijjht  and  one  hundred  and  fifty-five  feet  westward  from  the  said 
straight  line;  thence  to  a  jioint  (fifty-six)  in  the  eastern  jirolonoation  of 
the  north  line  of  Baden  a\enue  two  thousand  nine  hundred  and  ei«;hty  feet 
from  the  southwest  corner  of  block  number  forty-two  hundred  and  sixty- 
foui-;  fhence  successively  fo  eight  jioints  (fifty-six  Al.  (fifty-t<ix  J'.l.  ififty- 
six  ('I.  (fifty-six  I>|,  (fiffy-si.x  E),  (fifty-six' F'').  ( fifty -six  Cl  and  (fifty- 
six  H),  in  the  ordinates  which  divide,  into  nine  ecpial  ])arts.  the  straight 
line  joining  the  fixed  jioint  (fifty -six)  with  a  point  (fifty-seven)  hereinafter 
described,  the  said  eight  ]ioints.  in  order  northward.  l)eing  one  Iiundred  and 
ten,  one  hundred  and  ninefy-fhree.  two  hundred  and  sixty,  three  hundred 
and  three,  three  hundred  and  sixteen,  two  hundred  aiul  ninety,  two  hun- 
dred and  twenty-eight  and  one  hundred  and  thirty  feet  westward  from  the 
said  straight  line;  thence  fo  a  joint  ( lifty-seven  I  in  the  eastern  ]irolonga- 
tion  of  the  north  line  of  St.  Cyr  avenue  nine  hundred  feet  from  the  south- 
east corner  of  block  number  forty-three  hundred  and  thirtecui  10;  tlieuce 
successively  to  nine  points  (fifty-seven  A),  (fifty-seven  B),  (fifty-seven  C). 
(fifty-seven  ])),  (fifty-seven  E),  (fifty-seven  Fl,  (fifty-seven  (J),  (fifty-seven 
III  and  (fifty-seven  I|.  in  the  ordinates  which  divide,  into  ten  eipial  ])arts. 
tli(»  straight  line  joining  the  fixeil  point  (fift\-sevenl  with  a  point  (tifly- 
eight)  herein;'. fter  described,  the  said  nine  ])oints.  in  ordei-  northward,  being 
one  hum'red  and  thirty -seven,  two  hundred  and  foi-fy-seven.  three  hundred 
and  thirty-seven,  three  Iiundred  and  seventy-seven,  three  hundred  und 
(Mghty-five.  three  hundred  and  sixty-seven,  three  hundred  and  seven,  two 
ImndnNl  and  twenty-three,  and  one  luindred  and  fifteen  feet  westward  fi-om 
said  straight  line;  thence  to  a  ]ioint  ( fifty-eight  I  in  the  southern  prolonga- 
ti(ui  of  the  line  which  coincides  with  the  west  face  of  the  cojiing  on  the  east 
wall  of  the  settling  basins  al  flie  ("liain  of  Kocks.  the  said  i>oint  being  three 
thousand  two  hundred  and  forty-five  feet  from  the  nortii  face  of  the  cojiing 
on  the  south  wall  of  settling  basin  number  six;  then  successively  to  thir- 
teen points  (fifty-eight  A),  (fifty-eight  B).  (fifty-eight  C).  (fifty-eight  D), 
(fifty-eight  V.).  (fifty-eight  Fl,  ( fifty -eight  O).  (fifty-eight  II).  (fifty-eight 
1 1,  (tifty-eighl  Ki,  (fiffycight  L).  ( fifty -eight  Ml  and  (fifty-eight  N).  in 
the  ordinates  which  divide,  into  fourteen  equal  parts.  TJie  sti-aight  line  join- 
ing the  tix(Ml  Jioint  (fifty-eight)  M-itJi  a  itoint  (fifty-ninel  hereinafter  de- 
scribed, the  said  thirteen  points,  in  order  noriliward.  being  one  hundred  and 
seven tv  five,   fhi'ce   hundred   an<J    fortv.    lour   hundred   and   eiuht  v  thn^e.   six 


AltT.  I  I  OF  HAHBOK    ANl"    WMAltK   REGULATIONS.  04.! 

Iiiinilrcti  ami  Irii.  seven  luiiidred  and  ihrec,  .seven  Imiulred  and  sixty,  seven 
luHulred  and  ei|ility  seven,  [and],  seven  Imiidred  and  ei}jlit,vseven,  seven  Lnn- 
dreil  ami  lilly.  six  linndied  and  seveniN  live,  live  iinn<lred  til'lv-tive,  lour 
Luudiod,  and  two  lumdred  and  twelve  feet  eastward  lioni  the  said  strai;;hl 
line;  thence  to  a  point  (lifly  nine)  in  the  norlliein  jnolonfialion  of  the  line 
wiiieh  coineides  with  the  west  I'aie  of  (he  eo|tinfj  on  the  east  wall  of  the 
.seltilnij;  liasins  al  the  <'hain  of  Hocks,  the  said  point  beinj,'  one  tlionsaiid 
two  hiindied  and  lilteen  feet  from  the  south  face  of  the  copin.n  on  tlie  norlli 
wall  of  .settlinfi  tiasin  nnndier  one;  thence  successively  to  foui'  points  (  lifty- 
nine  A),  ilift_\  nine  I!  I,  (lifty-nine  ("1  and  (  lifty-nine  I)  I,  in  the  ordinates 
which  divide,  into  live  (Mpial  parts,  the  stfai};lit  line  joininj;  the  tixed  ixiinl 
(liftyninei  with  a  point  isixty)  hefeinafter  described,  the  said  fouf  points, 
in  older  northward,  heinji  thirty,  sixty-tive.  eijjhty-seveu  and  sixty  feet  west- 
wai'd  from  the  said  straij;ht  line;  thence  to  and  endiiifi  at  a  point  (sixty) 
in  the  norlhein  honmlary  line  of  the  city  in  llie  eastern  prolongation  of  the 
line  "stone  one  liniidrcd  and  .sevenlyl  wo"  to  "stone  one  hundred  ami 
seventy-fou!-."  "one  liumlred  and  seventy"  feel  from  "stone  one  hundred  and 
sevenlyfoiif."     t /^.,  sec.  ;{.) 

See.  34!>.  niiil<lin<>:  over  wharf  lino — pcnnlty. — ^Any  peison, 
linn  or  corpoi'ation  who  shall  Iniiki  or  extend  any  dike,  trestle-work,  ele- 
vator oi-  other  structure  east  of  the  eastern  lioundary  line  of  the  wharf  as 
above  established,  shall  be  deemed  j;uilty  of  a  misdemeanor  and  \\]Hni  con 
viction  theretd'  shall  be  lined  not  less  than  fifty  nor  more  than  live  hundred 
dollars.     \lli..  sec.  4;  compare  M.  ('.,  sec.  380.) 

Sec.  ^.'lO.      Same — iiotuH'  (o  itiiiovc — i>(>iialt,\  lor  ii<Mi-roiiipli- 

aiict', — It  shall  be  the  duty  of  the  Harbor  and  Wharf  Commissioner  to 
;;ive  written  notice  to  the  i>arty  violatins;  the  provisions  of  the  jireceding 
section,  to  remove  such  structure  at  his  own  expense  within  ten  days,  and 
his  failuie,  ne>;lect  or  refusal  to  coin])ly  with  said  notice  shall  be  deemed  a 
misdemeanor  and  Ujion  conviction  thereof  shall  be  lined  not  less  Ihan  tifty 
nor  more  than  five  hundred  dollars,  and  every  day  aflei-  the  exiiiration  of 
the  period  of  ten  days  diirini;  which  said  parly  shall  fail,  neglect  or  refu.se 
to  comply  with  the  terms  of  the  aforesaid  notice  shall  constitute  a  sejiarate 

iilVi-iisi-        I  //)..  sec.  .">.  I 

Sec.  ;{."il.  Hopoal  of  foriiuM*  ordinances.  Ordinance  eleven  thou 
.sand  and  .seventy-ei-^ht  eiiliiied.  ".\n  ordinance  to  I'slablish  the  eastern 
boundary  of  the  wharf  from  the  north  line  of  Anna  street  southwardly  to 
the  .southern  city  limits,  and  to  re|»eal  ordinance  nine  thousand  eifjlit  liun- 
died  and  eifjhty-nine."  ajiproved  July  tirst.  eijihteen  hundred  and  seventy 
nine,  and  that  ]iart  of  ordinance  five  tiiousand  four  linndiiMl  and  three, 
appro\'ed  Au;;ust  sixth,  eifrlileen  hundred  and  sixty  four,  delininj;  the  east- 
ern boundary  line  of  the  wharf  fi'cnn  the  norlhern  line  of  St.  (!eor;;e  stre<«1 
c.Vnna  street)  t(»  <'houteau  avenue  (lla/.el  sheet  i  and  from  IJiddle  stnM't 
to  the  northern  limits  of  the  city,  established  anno  domini  eigjiteen  linn 
died  and  lifty-five,  are  heri'by  repealed,     ilb..  .sec.  (».  i 

S.I.   379  of   M. -r.   corresponds   to  or<J.   1107S.   rcpcali-d   as  ubovo   by   ord.    21236. 
I'lit  tin-  rcpvalln^  ordinance  does  not  refer  to  the  Mun.  Code,  sec.  379. 

Sec.  .•{.')2  Where  waler  «Tafl  sliall  lie  moored.  All  water  craft 
of  wliate\er  kiihi  comin;:  into  I  he  harboi'  of  the  cil.v  shall  be  moored  at  such 
points  or  places  at  the  wharf  oi-  landing  ;is  may  lie  ilesignated  therefor  by 
the  harlior  and  wharf  commissioner,  Imt   no  boat  or  raft  of  ,inv  kind  what 


(344  REVISKD   CODK  OK  UKNEKAL  ORDIXAXCES.  ICHAP.  10. 

ever  shall  he  landed  in  li-oiil  (if  the  tity  water  works  liiiildiu;^'.  (  M.  C, 
sec.  358.) 

Sec.  353.     Boats    iineiii ployed — Avlu»n    and  where  to  be. — The 

owiiei's  or  persons  in  cliarjie  of  anv  hoat  moored  as  in  tlie  precedinj;  section 
|ii-ovided.  not  eui;a<;ed  in  receivinji  oi-  discliarjjinji  fiH'iulit.  sliall.  on  order 
of  llie  iiarlior  and  wiiarf  coiiiniissioner.  in  writing  fortinvith  move  said  lioat 
lo  such  other  place  in  tlie  liarlior  as  lie  may  designate,  there  to  remain  until 
such  time  as  it  may  lie  desired  tor  said  lioat  to  return  to  the  wharC  to  load. 
(M.  C,  sec.  3.j;t.,i 

Sec.  354.  Boat  in  ilanjjer  may  be  moved. — Any  boat  while  en- 
gaged in  receiving  or  discharging  Ireight  may.  at  any  time,  lie  required  to 
forthwitli  leave  the  paved  wharf  liy  order  of  the  harbor  and  wharf  com- 
niissi<iner.  if,  in  his  opinion,  said  lioat  is  in  danger  of  being  injured  by  tire 
or  ice.      I  M.  ( "..  sec.  .'Kill. ) 

Sec.  355.  Proceedings  where  boat.s  are  wrecked. — If  any  boat, 
except  ferry  boats  and  wharf  boats,  sink  in  the  harbor  of  St.  Louis,  and 
the  wreck  shall  be  an  obstiudiou  to  the  harbor  or  wharf,  the  harbor  and 
wharf  commissioner  shall  at  once  nolif.\  the  owners  oi'  jiarties  in  charge 
of  said  boat  and  cargo,  if  any.  and  shall  desigiuite  a  certain  lime  for  the 
removal  of  said  obstruction  by  said  owner.s  or  parties  in  charge,  and  if  the 
owners  or  parties  in  charge  of  the  wreck  and  cargo  refuse  or  neglect  to 
remove  said  obstruction  within  the  time  designated  by  the  harbor  and 
wharf  commissioner,  the  harbor  and  whai-f  commissionei-  shall  forthwith 
]ii'oceed  to  remove  said  obstruction.  Any  jiroperty  saved  from  said  wreck 
liy  the  harbor  and  wharf  commissioner  in  removing  said  obsti'uction,  in- 
cluding cargo,  furniture,  engine,  hull,  tackle  and  ajijiarel  of  the  sunken 
boat,  shall  be  sold  by  him  at  public  auction,  after  giving  three  days'  notice 
in  the  paper  doing  the  city  printing,  to  the  highest  bidder  for  cash.  From 
the  proceeds  of  the  sale  tlie  harbor  and  wharf  commi>ssioner  shall  retain 
the  costs  and  exjienses  of  removing,  saving  and  selling  said  wi-eck  and 
caigfi.  and  twenty  pei-  centum  of  the  balance  as  salvage,  and  the  remainder, 
if  any.  shall  be  paid  into  the  city  treasury  as  a  special  fund,  subject  to  the 
rights  of  the  owners  thereof,  and  the  genei'al  law  in  such  ease  made  and 
provided.  The  money  retained  for  expenses  ;ind  salvage  shall  be  jiaid  into 
the  city  treasury  and  lie  credited  to  the  harbor  fund,     i  .M.  ('..  sec.  .■{(il.) 

The  city  cannot  make  a  valid  contract  to  do  that  for  pay  which  is  ca.st 
upon  it  as  a  public  duty,  such  as  kecpins;  the  harbor  free  from  obstructions 
and  wreckage;  but  it  may  contract  for  such  things  as  are  not  necessarU.v  re 
quired  to  be  done  as  a  public  duty,  although  in  the  doing  thereof  there  is  an 
incidental  benefit  to  the  public,  such  as  the  lifting  of  a  private  sunken  boat 
out  of  tlie  water  by  pumping  the  water  out  of  the  hold,  and  a  non-performance 
of  such  conracts  subjects  the  city  to  damages:  The  Maggie  P..  25  Fed.  (C.  C.) 
202.    20.5. 

Sec.  35(i.     Boats  «?ronnded— penalty  for  suflferin}*'  to  remain. 

— livery  owner  or  iierson  in  charge  of  any  boat  or  water  craft  of  any  kind, 
who  shall  sutfer  the  same  to  ground  at  the  wharf  or  landing,  and  i-iMiiain 
grounded,  through  neglect,  for  a  longer  (leriod  of  time  than  tweiity-fotir 
hours,  shall  be  deemed  guilty  of  a  misdeme;inor.  and  tijion  conviction 
thereof  shall  be  tined  in  a  sum  of  not  less  than  fifty  nor  more  than  one 
hundred  dollars.     (.M.  ('..  sec.  3(>2.) 

Sec.  357.      Boats — names    of    to    be    jiainted    on— penalty. — 

All  boats  of  whate\er  kind — c(ial   Hats,  skitfs  and  yawls  exce|it<'d  —  landing 


AIIT    I.)  "F    HAKHOlt    AM'    WIIAItK    I!  IMI-I.ATIONS.  645 

al  III)'  \v  liarf  ni'  lainlii)!;  sliall  liiwc  a  iiaiiir  iialiiicil  mi  scniii'  ciiiisiiicuoiis 
l>ari  (if  sinli  lioat.  with  Icitcis  at  It-asl  six  iiiclics  lou;:,  and  placed  so  iliai 
il  fan  Ik'  t-asilv  lead  Iriiiii  cillici'  side,  l^'vci'v  porsdii  who  may  lie  j^uillv  ol 
landin*;  aiiv  lioat  wirlionr  a  nanir  painled  tliiMvoii,  as  aliovc  rocniirod  shall 
U'  d»*«'nu'd  jziiilty  of  a  niisdoiiicanor.  anil  uimii  conviction  tlicrcot"  lio  fined  in 
the  sum  of  not  less  than  tlve  not-  more  Ilian  til't.v  dollars;  I'l-ovided.  iliai 
any  jierson  landin;;  a  lioat  within  the  liai'l)or  widiont  a  name  shall  not  lie 
lialile  thereliii-  it  he  causes  a  name  to  lie  jiainied  on  said  lioal.  as  reijiiired. 
within  Ihfee  days  li-oni  the  time  of  its  airival  :il  Ilic  hindiiii;  and  lieloic  it 
leaves  the  same.      iM.  ( "..  s«'c.  :'(;:'..  i 

St>e.  .{.'iS.  Sti>:iiiih(»ats  to  lia\  c  |>rci'ci'fii(-f  ;it  iaiitliii};. — Steain- 
boiits  shall  liavi'  |»rel'ei-eni-e  in  landing;  at  the  whai-C  of  landin;^  ovpi-  othef 
vessi'ls  of  ovef  rafts;  lint  no  vessid  or  raft  shall,  while  discliar;;in;;  or  re- 
ceivin;;  car^xo  or  liein;;  l)f<iken  nji,  lie  comju'lled  to  leave  its  place  to  a'nc 
room  lor  a  sleaxdioal.      i  M.  ( '..  sec.  11114.) 

Sec.  .{rilt.     ('oiiiiiiissioii<>i'  1«»  si't  nparl  laiuliiij^s. — 'I'he  harlior  and 
wliarf  eoininissioner  is  hereliy  insinicted  to  set   apart   a  siilVicienl  and  con 
veiiieiit   inindH-r  of  laiuliii<;s   to  aeconunodate   the  dilVereiil    wants   of   Inisi 
liess.      I  .M.  ('.,  sec.  :!li.'i.  i 

s.c.  ;;(;t)      H<><riiIa1ioiis  for  r«>iiH»\al  of  property  from  wliarf  — 

penalty  for  \  iolat  ion.-  KviiytiiiuLr  landed  on  tin-  putijic  wharf,  or  land- 
in;;,  e.\ce|ii  as  hereafter  |ir<ivided.  shall  lie  removed  therefrom  within  fori  \ 
ei;;ht  Iionrs  after  liein;;  landed,  unless  the  same  shall  iiave  lieen  iandetl  lor 
feshi|imcnt.  in  which  case  it  shall  lie  removed  within  seventy-two  hours 
.•ifter  lieiii;;  landed.  Cotton,  hay,  hemp,  coal  oil.  pelrolenm  and  all  the 
products  of  petroleum  shall  lie  removed  from  the  wharf  or  landin;;;  within 
twenfyfoiir  boiii-s  after  beini;  landed.  All  timlier.  hoards.  hoop|ioles. 
scantlin;;s.  joists.  sliin;;les.  wa;;onniakers'  ami  co<i]iers'  stntV  and  liimlier  of 
<'very  ilescription  liroii;;ht  to  the  citv  liy  steamlioat  or  other  water  craft  and 
lainled  upon  the  |inlilic  wharf  or  landin;;  shall  lie  reiiKived  therefrom  within 
thirty  days  after  liein;;  landed,  except  when  landed  upon  that  jiortion  <if 
the  wharf  silnaled  lii'tween  the  north  line  of  ("an-  sirei'l  and  the  iu)rth  line 
of  rhnuteau  avoiine.  and  from  it  shall  lie  removed  within  tifteen  days  after 
lM>in;;  landed.  .\ny  owner,  ai;ent  or  consipiiee  of  ;;oods,  wares,  merchainlise 
or  other  thin;;  who  shall  have  siill'ered  the  same  to  remain  on  the  wharf  or 
pidilic  landin;;  longer  than  aliove  allowed,  and  who  shall  fail  to  remo\c  the 
satne  I'ortliwith  when  so  ordered  li\  the  Ilarlior  and  Wharf  <  "ommissioner 
or  his  assistant  or  dejnily,  shall  lie  deemed  ;riiiliy  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  lie  lined  not  less  than  five  nor  more  than 
lifty  dollais.     (Oril.  JITl-'ii.  ameiidini;  .M.  ( •.,  sec,  :{()(i. ) 

See.  :{i;i.     Removals  fr«»ni  \vliarf~  or«I«'r  f<»r,  to  be  direeted  to 

llUtrHlial. — Whenever  the  harlior  and  wliarf  commissioner  shall  find  that 
any  ;;ooils.  wares,  merchandise,  or  other  thin;;  remaiuin;;  on  the  wharf  or 
pidilic  landin;;  lieyond  the  time  allowed  liy  the  |irece<lin;;  section  are  an  oli- 
stniction  of  the  wliarf  or  pnldic  landin;;.  the  reni<iv;il  of  which  is  desiralile 
as  a  matter  of  pnldic  convenience  or  necessity,  he  shall  imniediately  ;;ive 
the  city  counselor  information  ihereof  in  wi-itin;;,  descriliin;;  the  ;;otiils. 
waiv«<.  nu>rchaiidi.>ie  or  other  thin;;  fonniii;;  the  olistrnetion  and  tlioir  loca- 
tion on  the  wharf  or  fnildic  landin;;.  and  the  city  couns<'lor.  upon  the  re 
ceipl  of  such  information,  shall  forthwith  ]irepare  a  written  order  for  the 
removal  <if  said  olistrnetion.  which  shall   U-  si;;ned   liy  the  mayor  and  city 

coun.selor  and  directed  to  the  city  marshal,  who  shall  inn lialely  procin-d 

to  execute  the  same.      i  .M.  ( '..  sec.  :t(i7.  ( 


646  REVISED   CODE   OR  GENERAL  ORDINANCES.  [CHAP.  10. 

►Sec.  'Mi2.  Notice  to  be  given  to  owners  of  goods.  —  Ipon  the 
receipt  of  any  such  order,  so  sioned.  the  city  marslial  sliall  give  to  the 
owners,  agents  or  consignees  of  the  goods,  wares  and  merchandise  or  other 
thing  forming  said  obstruction  at  least  five  days'  notice,  in  writing,  to  the 
ell'ect  tliat  if  said  goods,  wares,  merchandise  or  otlier  thing  are,  not  removed 
upon  the  exj)iration  of  the  time  mentioned  in  said  notice,  he  will  seize  the 
same  and  sell  tiie  same  at  public  vendue  for  cash  to  the  liigliest  bidder.  If, 
after  diligent  searcii,  tlie  city  marshal  is  unable  from  any  cause  to  find  any 
of  the  owners,  agents  or  consignees  of  the  goods,  wares,  merchandise  or 
other  thing  forming  said  obstruction,  lie  shall  immediately  give  such  notice 
by  jjublication  for  five  consecutive  days  in  the  paper  ])ublisliing  the  journal 
of  the  Municipal  As.sembly,  and  said  notice,  when  so  jtublished,  sliall  be 
directed  to  all  of  the  owners,  agents  or  consignees  of  said  goods,  wares, 
mei-chandise  or  other  thing  who  are  known  to  the  city  marshal,  and  shall 
contain  a  brief  desirijition  of  the  i)roi)erty  belonging  to  or  in  chai'ge  of 
persons  \\lio  are  absent  or  unknown.     (M.  C,  sec.  308.) 

Sec.  363.  Goods  not  removed  to  be  .sold.— If.  u])on  the  exjiira- 
tion  of  the  time  mentioned  in  such  notice  so  served  the  goods,  wares,  mer- 
chandise or  other  thing  forming  the  obstruction  are  not  i-emoved  the  city 
marshal  shall  forthwith  ju-oceed  to  remove  the  same  to  some  suitable  place, 
and  shall  sell  them  at  ])ublic  vendue  to  the  highest  bidder  for  cash;  from 
the  proceeds  of  said  sale  the  city  marshal  shall  retain  and  pay  the  costs  and 
expenses  of  removing,  advertising  and  selling  said  property,  and  the  bal- 
ance, if  any,  shall  be  paid  into  the  city  treasury  as  a  sjjccial  fund,  subject 
to  the  rights  under  the  law  of  the  owners  of  said  jiroperty:  but  in  case  the 
j)roceeds  of  such  sale  are  insuti'icient  to  ])ay  the  costs  and  expen.ses  afore- 
said, then  the  deficiency  shall  be  }iaid  by  the  city  out  of  any  fund  available 
for  cleaning  levee  and  removing  obstructions  from  the  wharf  and  harbor. 
(M.  ('.,  sec.  3G9.) 

8ec.  3(54.  Boats  lying  over  night— how  secured.— All  boats 
lying  at  the  wharf  or  public  landing  within  the  harbor  of  the  city  over 
night  shall  be  .secured  to  the  fastenings  on  the  wharf,  or  to  the  wharf-boats 
by  a  good  and  sutficient  iron  head  chain  to  each  boat;  and  the  master, 
owner  or  person  in  charge  of  any  boat  not  so  secured  shall  be  deemed  guilty 
of  a  misdemeanor  and  liable  to  a  line  of  not  less  than  fifty  nor  more  than 
one  hundred  dollars.     (M.  C.  sec.  370.) 

Sec.  3(1.5.  Boats  on  fire — casting  loose  of — penalty. — .\ny 
jierson  who  shall  cast  loo.se  the  fastenings  of.  or  set  adrift  any  steamboat 
or  whai'fboat  or  other  water  craft  which  may  be  on  fire  in  the  harbor  of 
St.  Louis,  unless  by  order  of  the  mayor,  harbor  and  wharf  commissioner 
or  chief  of  the  (ire  department,  shall  be  deemed  guilty  of  a  misdemeanor 
and  shall,  on  conviction,  be  fined  in  a  sum  not  less  than  fifty  noi-  more  than 
one  hundred  dollars.     ( M.  ('..  sec.  371.) 

Sec.  3(i(i.     Articles  of  value-  penalty  for  injury  or  stealing. 

— Any  ])erson  who  shall  cut.  tear,  rip,  bore  or  open  any  bag,  sack,  b.nle, 
box,  barrel  or  othei'  ])ackage  being  the  property  of  another,  containing  any 
article  of  value,  or  who  shall  steal,  take  or  carry  away  any  article  of  value 
and  of  less  value  than  twenty  dollars,  the  ])i'oiierty  of  another,  or  who  shall 
secrete  oi-  hide  away  or  knowingly  ])Ui'chase.  barter  or  trade  for  any  article 
of  value  and  of  less  value  than  twenty  dollars,  knowing  the  same  to  have 
been  stolen  or  acipiircMl  in  a  (piestionable  or  surre|)tit  ions  manner  within 
the  limits  of  the  city,  shall  b(>  deemed  guilly  of  a   misdemeanor  and  uiion 


AKT    I]  OF    llAItUOR    A.\l«    WIIAKI-    UKCII.  \TIONS.  647 

iiiii\  iilii'M  I  lii'icur  licliiic  ciilicr  of  llic  polict'  jiisliccs  shall  lii'  ImiimI  not  less 
lliaii  Ihf  (lullars  nor  iiiiirc  lliaii  live  liumli'cil  diillars:  pruvidcd.  Imwcxcr, 
thai  iHiiliinji  ciiiitaiiiiMl  in  lliis  scrtioii  sliall  lie  liclil  In  a|i|il.v  In  a  lasc  \vll(•^^ 
I  lie  fads  j;i\<'n  in  ex  iilcncc  ainiMinl  in  law  lo  a  IVldiiv.  The  harlinr  and 
wharf  coininissioncr  and  ihc  niarkcl  niaslcrs  and  ihcir  d(>|>iiti('s  are  licrcli_\ 
aiitliori/.cMl  and  cniiiowcrcd  In  arri'sl  and  lutld  Inr  (rial  all  persons  olVeml 
inu  a<;ainst  the  provisions  of  (his  seetioii.     (M.  (".,  see.  .'{71.'.) 

The  provisions  of  this  sci'tlon  iinleas  Intendoil  to  apply  only  to  property  on  thi; 
wharf,  soi'ni  rathor  too  hroaci  to  be  approprlati>  In  this  chapter  on  Harbor  and 
Wharf  Popartnient.  and  should.  It  would  soeni.  have  been  placed  under  the  chap- 
ter.s  on  misdemeanors.  See  note  ne.xt  below,  where  the  municipal  a.ssembly 
have  reeenely  enacted  anotlu-r  ordinance,  directing  that  the  same  succeed  this 
section  (which  was  see.  .172  of  the  Municipal  Code),  which  new  ordinance  has 
nothing  to  <lo   with   the  subject  matter  of  this  chapter. 

[StM-.  :{(i(ia.    Takinjj  waj^oii  or  iuitoiiiohilc  from  shelter.*] 

•This  section  (3GGa)  cmilil  not  be  Included  In  the  Revised  Code  because  It  was 
nn(  enacted  until  after  the  submission  of  the  revising  onllnance  to  the  municipal 
assi'mhly  (although  bef<»re  the  passage  thereof),  so  could  not  be  worded  to  amend 
the  Revised  Code.  It  therefore  refers  to  the  prior  (Municipal)  Code,  and  In  its 
regular  order  would  have  been  Inserted  at  this,  as  the  corresponding  point  In 
the  Revised  Code.,  although  why  this  and  the  preceding  section  should  be  placed 
In  the  chapter  on  Harbor  and  Wharf  Itegulatlons  Is  dlfdcult  to  conceive:  see 
preceding  note.  This  section  was  probably  enacted  to  succeed  372  of  the  Muni- 
cipal Code  by  an  oversight  on  the  part  of  the  Municipal  Assembly.  But  having 
been  so  passed   It  Is  therefore  given  In   this  note; 

(22739) 
An   ordinance    to   amend   Chapter  Ten.    Article   One,   of   the   Municipal    Code,    by 
adding   thereto  a  new  section,   to   be  known   as  Section  Three   Hundred  and  Sev- 
enty-two A. 

Re  it  ordained  by  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  fol- 
lows: 

Section  One.  Chapter  Ten.  of  Article  One.  of  the  Municipal  Code,  is  hereby 
amended  by  adding  thereto  a  new  section  to  be  known  as  Section  Three  Hundred 
and  Seventy-two  A.  as   follows: 

Section  Three  Hundred  and  Seventy -two  A.  .■\ny  person  who  shall  steal. 
take  or  drive  away  from  anv  stable,  garage  or  shelter  any  wagon  or  automobile 
or  other  vehicle  not  his  own  property,  without  the  consent  or  order  of  the 
owner  thereof,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  lined  not  less  than  ten  nor  more  than  one  hundred  dollars. 

Approved    February    5th.    1907. 

See.  :{(i7.  Ob.struetioii  <>f  wharf — penally  for. — ICvery  i>eison 
who  shall  jdare  or  dniii|>  upon  Ihe  wharf,  or  |iiaie  or  dump  into  the  Mis- 
sissip|>i  IJiver  in  front  of  said  wharf,  wiihin  live  hnndi-ed  fe<M  of  the  west- 
ern shore  of  s.-iid  river,  an\  iinisanre,  ini'iiinhrance  or  iinpediinent,  or  st<)]i 
at  an\  landin;;  wiihin  Ihis  city  iK-tweeii  Ferry  street  nnrlh  and  .Vrsenal 
sireei  soiiili  any  ilriflwooil  in  said  river,  shall  lie  deemed  ^rnilly  of  a  inisde- 
iiieanor.  and  upon  roiiviiiion  tliereof  he  lined  in  a  snin  not  less  than  ten 
nor  more  than  two  hundred  dollars.  Nothing;  in  this  section  contained  shall 
atFeet  any  order  or  arlioii  of  Ihe  I'.oard  of  Health  in  tlie  removal  of  sloji  or 
dead  animals,     i.M.  (",,  see.  l\~^.) 

Sec,  'Ms.  <  )li->t  iiK  lioic^  m»n-icm<>\  ;i!  ol  ]M'i)alty  f<)r. — The 
ohslnii'tions  nieniioned  in  ihe  precedin;;  ,s<'ction  shall  he  removed  forlhwirli 
l>y  the  persons  or  parties  caiisiii<;  the  .same,  and  if  said  persons  or  parties 
fail  to  ii'inove  such  oltst ructions  witliin  the  time  desifjnated  tlierefor  by 
the  harlior  and   wharf  coiniiiissioner  or  liis  assistant   or  deputy,  they  shall 


048  UlvVISED   CODE  OR  GKN  KRAI,  ORl  )TN  ANCF;S.  ICHAP.  In. 

lie  <l('ciii('(l  j;nil(\  of  :i  iiiisdfynonnor.  nnd  n|inii  cKinict inn  ilicrcuf  he  tiiicci 
iKiI  less  iliaii  tivc  imi-  iiioic  rli;iii  <inc  liiiinlri'(l  dollni-s.      i.\l.  ( '..  sec  :{74. 1 

Sec.  .'tc.'.l.  Kxfavations  proliibited. — N<>  jn-rson  shall  make  an  i-xca- 
valioii  on  the  j)nlilic  wlnii-f,  nor  sliall  any  jxM-son  fake  uji  pavinj;  stoufs  for 
tile  pni'iioso  ol'  scttini;  a  sjiar  or  I'oi-  any  otjicr  ])iii'])ose  witlioni  perniission 
or  autliorily  fi'oni  I  he  liarl)or  and  wharf  coniniissioniM'.  ('Xc(']it  ])arties  de- 
sirinj;  to  innke  or  repair  connections  willi  water  ](i]ies,  L;as  pijies  or  sewers 
laid  on  the  wharf  or  Front  sti'eet.  who  shall  apjily  to  liic  street  commis- 
sioner for  a  jiermil  to  excavate  for  that  i)nri(ose,  and  shall  comply  with  all 
the  jtrovisions  and  rejjiilations  estahlished  for  excavations  on  streets,  alleys 
or  ]iuhlic  highways.     (M.  ("..  sec.  .'!7").  I 

Sec.  .S70.  Wharf — repairs  of  paveiuoiit. — Wln-ncvcr  the  jjave- 
ment  of  any  sidewalk  on  the  wharf  or  Front  street  is  out  of  rejiair.  the  fact 
shall  he  rejiorted  to  the  street  commissioner,  who  shall  cause  the  necessary 
rei)airs  lo  he  made  at  the  expense  iit  the  owners  of  the  iirojierly  froutin};  on 
said  sidewalk,  in  the  same  manner  as  jirovided  for  hy  ordinance  for  repairs 
of  sidewalks  on  other  streets.     iM.  ('.,  sec.  37G.) 

Sec.    371.     \'i<>lati«nis    «>f    i>r<>vi.sioiiH    of    article  —  how    piiii- 

islitul.  —  lOvery  jteison  who  shall  fail  to  obey  the  directions  of  the  harbor 
and  wharf  commissioner,  or  his  assistant,  or  any  of  his  deputies,  in  relation 
to  any  matter  over  which  they  have  charge,  or  shall,  in  any  manner,  violate 
or  fail  to  coin])ly  with  any  of  the  provisions  of  this  article  in  cases  where 
no  sj)ecial  ])enalty  or  tine  is  j)rescrihe(l.  shall  be  deemed  jiuilty  of  a  viola- 
tion of  this  article,  and  shall.  ii]ioti  conviction  thereof,  be  fined  in  a  snm  of 
not  it^ss  than  tive  nor  more  than  one  hnndred  dollars,     i  .M.  ( "..  .sec.  ;j77.  i 

See.   372.      Fines,    etc to    l)e     credited     to    harbor    fund. 

— All  fines,  forfeitnres  and  penalties  imposed  and  collected  for  the  \iola 
tion  of  any  of  the  ]>ro\isions  of  tliis  article  shall  he  credited  lo  the  account 
of  the  harl)or  fund.      ( .M.  ('.,  sec.  378. j 

See   Charter.    Art.    IX.    sec.    7. 


Airncu:  it. 

OF   AVHARFAGI-:.* 

♦ord.  Jinil,  .spp.  2.  repealed  .sections  of  tlie  Municiiial  Code  miiiibered  3S2.  3S3. 
3X4.    lis.-,.    .'iSS.    .ISS.    3111).    3^1.    391'.    3;i3.    3Mo.    3<I6.    397.    39S    and    42il. 

Tile  City  of  St.  Louis,  ownin?^  inipro\'ed  wharves  .-^t  its  own  cost,  for  tlio 
benefit  of  tliose  engaged  in  commerce  upon  the  navigable  waters,  may  charge 
and  collect  from  parties  using  its  w-hai'ves  and  facilities  such  reasonable  fees 
as  will  pay  for  the  use  of  the  .same:  Packet  Co.  v.s.  St.  Louis.  100  U.  S.  423,  fol- 
lowing Packet  vs.  Keokuk,  95  U.  S.  SO;  and  in  Vicksburg  vs.  Tobin,  100  I'.  S. 
423,  it  was  "adjudged  that"  the  wharfage  fee  was  valid  although  imposed  on 
a  boat  that  did  not  land  immediately  against  the  wharf,  but  against  a  wharf- 
boat  which  was  against  the  wharf,  the  court  holding  that  to  use  the  wharf  boat 
under  tliose  conditions  was  to  use  the  wharf":  quoted  and  distinguished  by  Val- 
liant.   .1  .   with  other  cases  in   St.    Louis  vs.   Coal  Co..   15S  SIo.   34S. 

Hut  the  cit>'*s  riglits  in  respect  of  its  wharves  more  ne.-^rly  resemble  pro- 
prietary rights  than  sovereign  rights,  and  the  city  cannot  collect  wharfage  for 
goods  landed  beyond  its  wharves  because  of  high  water,  since  the  wharves 
are  of  no  service  in  such  case:     St.  Louis  vs.   Lumber  Co..   13  Mo.   .Vpp.   56.  59. 


AHT   II  I  "I"   \vn.\ni-AOR.  (}49 

And  u  city  I'lmnot  rhorgc  tonnnerp  tax  or  wharfiiBo  ilurw.  on  n  voxscl  lanOInc  on 
tliH  nntiirni  tmnk  of  tin-  rivor,  wluT<-  the  wliiirC  1»  not  Iniprovi'd.  altliouRli  tlii; 
lunillnK  hr  within  tlic  wliarf  ilinlls  .-stahllsheil  liy  orillniinr.':  Cnpe  Olriirdoaii  vs. 
Ciiinpboll.  :;G  Mo.  A|>p-  H.  Iiuldlni^r  ulso  thiit  ii  landing  pliui>  ilocH  not  bci-oinc 
a  wliarf  by  so  dcslKnatln^  It  In  an  ordinance,  but  to  become  such  It  must  be 
Improved  for  that  purpose.  relyInK  on  Packet  Co.  vs.  Keokuk.  95  V.  S.  SO.  S5. 
and  Packet  Co.  vs.  St.  Louis.  lUO  I'.  S.  iiX.  i'i'J.  Tin-  stati's  rights  are  subject 
to  the  rlRhts  of  the  Government  and  the  ndmlrnlty  Jurisdiction  of  the  V.  S. 
courts:     Packet   Co.    v.s.   St.    Louis.    4   Dillon    10. 

So  also  an  ordinance  atlemptln);  to  Impose  a  license  mi  tUKS  ami  barB>'S  for 
the  prlvlleRi'  of  towlnt;  boats  into  or  about  the  harbor  (Mun.  Code.  sec.  3».i. 
since  repealed  1  which  tuRS  and  barges  are  licensed  uniler  the  laws  of  Conttresa 
f.ir  the  coasting  trade  and  enKaged  In  transporting  freight  between  Missouri  and 
Illinois.  Is  In  violation  of  the  provisions  of  the  IT.  S.  Constitution  regulating 
commerce  (..\rt.  1.  sec.  S)  and  prohibiting  a  state  from  laying  any  duty  or  ^ 
tonnage  without  the  consent  of  Congress:  St.  Louis  vs.  Coal  Co..  l.'iS  Mo.  31:!, 
the  court  consid<-rlng  Itself  bound  by  Harman  vs.  Chicago.  H"  V.  S.  396.  dechled 
shortly  after  the  Ilrst  ap|ieal  In  the  Consolidated  Coal  Co.  case,  the  court 
calls  attention  that  the  St.  L4)Ul8  ordinance  was  not  to  charge  wharfage  for  the 
use  of  the  wharf  but  a  license,  althcnigh  such  license  was  In  lieu  of  wharfage 
<p.    3.M). 

I)n  the  first  ai)|)eal  the  |>nrticular  constitutional  c|uestlon  |)assed  on  in  lln' 
second  ai>peal,  was  not  raised,  It  being  held  In  that  case  that  a  foreign  corpor- 
ation having  Its  principal  office  In  St.  Louis  where  It  registered  its  boats 
undt'r  the  I'.  S.  registry  laws,  and  returns  them  and  lists  them  for  taxation 
under  the  ordinance,  was  entitled  to  a  forty  per  cent  reduction  provided  in 
favor  i>f  vessels  owned  by  residents  of  St.  Louis  and  returned  and  assessed  for 
ta.\ation  within  said  city  during  the  year  •pecifled  In  the  ordinance  and  that  surli  an 
ordinance  was  constitutional:  St.  Louis  vs.  Coal  Co..  1 13  Jlo.  S3.  And  In  St.  Louis  vs. 
Transp.  Co..  S4  Mo.  l.">6.  it  was  held  that  such  ordinance  wlilch  allowed  a  lesser  rate 
than  otherwise.  If  the  return  and  assessment  for  ta.xation  was  made  during  the  year 
commencing  tirst  of  August  Immediately  preceding  the  day  of  landing,  did  not 
operate  so  as  to  reriulre  the  lesser  rate  although  the  boat  was  new  and 
touched  for  tile  first  time  so  that  it  was  impossible  for  the  owner  to  have 
made  the  return,  etc..  on  the  preceding  first  day  of  .\ugust;  the  court  con- 
struing the  ordinance  (now  repealed)  as  not  Imposing  the  higher  rate  as  a  penalty 
for  failure,  etc..  but  as  a  classification  for  wharfage  tax. 

The  right  to  fix  the  rate  of  wharfage  cannot  be  debgated  by  a  city;  and  a 
contract  undertaking  so  to  do  is  void:  Matthews  vs.  Abxandrln.  68  Mo.  113. 
The  state  nuiy  repeal  the  citys  right  to  collect  wharfag.^:  St.  I»uls  vs.  .Shblds, 
:.:•   Mo.    3.-.I. 

.\s  to  right  to  require  license  from  ferries  see  note  to  Hev.  Code.  sees.   413.   427. 

Si".  37,}.  KcporiN  lOr  \vliarfay:t'  purposes  to  l»c  iiiado.  Tlio 
liiirlini-  anil  wharf  rDiiimissiuiicr  shall  rcoisicr  in  a  siiilalili'  Imuk  the  iiaiiic 
and  limna;;!'  nf  every  water  i-rafi,  ami  the  imrl  rruni  wliirji  it  last  caiiie.  the 
dale  of  depai-tiire  and  destination.  Tlie  harlior  and  wiiai-f  eoniiiiissinnei- 
shall  siiliiiiit  to  the  eoni|itri>ll<M'  and  aiiditnr  on  the  Mondav  before  tiie  .sec- 
olid  Tuesday  of  every  niniitli  a  list  of  all  pef.»<ons  or  rorporations  who  have 
Ufii  eharj;ed  for  the  use  of  the  piildic  wharf.  lOrd.  UMIMI.  sec  1  ;  anuMid 
nient  of  M.  <'..  :'^1.  i 

See.  :>74       \\  liai"fji;ic   on   IiiiiiImt  aiitl   Ioj;s  l>roii<>lit  in  I'afts. — 

The  foilowiiif;  aiiiiHinis  .>iliall  lie  lolleited  for  whailaec  nii  liii-  arlii  les  here 
inafter  desionaled  when  liiiiii;,'hl  to  the  piililie  wharf  or  landin;;  liy  raft  : 
•  In  hoards.  ]ilank.s.  .siaiillin;,'  or  joists  and  dinieiision  tiniiier.  ten  rents  per 
thousand  feet.  Imard  measure;  on  shinoles  and  lath,  three  eeiils  per  thmi 
saixl :  on  palin^^s  in  liundles,  ton  rents  per  thousand:  on  hoop-poles,  ilap 
Ixiards.  staves  iiiid  all  descriptions  of  coopers'  and  wa;:oii  makers'  stulT,  and 
nil  similar  material,  loos4>  or  in  bundles,  ten  cents  )ier  one  hundred  cubic 
feet:  on  cedar  and  other  posts  and  all  desi'riptions  of  riiu;:h  lumber  or  tiiii 
\»-v  not    iillierwi.se  rated,   Iimi   cents   per  one  hundred   ■  ubic   feet:  on   lo(;.-<   ia 


650  REVISED  CODE  OK   GENEKAL  ORDINANCES.  [CHAP.    10. 

ijills.  l\V(i  and  oiie-liiill  ttMits  ijci-  one  Imndicfl  suiMMtii-ial  IVcr  of  rait. 
TIk'  abovf  rates  of  wliarfafje  shall  he  chai-ucd  on  all  hnul)ei-.  io,<;s  and  arlirles 
eiinnierated  in  tJiis  section,  nnloaded  upon  the  wliai-f  from  railroad  cars. 
(.M.  C,  sec.  ;{S6.) 

Sec.  iJT.").  F'irewood — rates  of  wliarfaj»"e, — There  shall  be  collected 
a  wharfage  of  ten  cents  on  each  and  e\ery  cord  of  lii-ewood  hroufiht  to  this 
city  by  boat,  rail,  or  i-afl.  and  nnloaded  on  fhe  imblic  wharf,  either  Ixd'ore 
or  after  the  same  is  unloaded  from  boat,  rail  or  raft,  with  the  permission 
that  the  same  may  remain  on  the  wharf  a  length  of  time  not  exceeding 
thirty  days;  and  whenever  the  same  shall  renuiin  longer  than  thirty  days, 
it  shall  be  re(|uired  to  pay  five  cents  ]ier  cord  in  advance  every  thirty  days 
for  the  time  it  may  so  remain.      (Ord.  21!(11,  sec.  1;  amend.  M.  C.  sec.  :{S7.) 

See    in    connection    herewitli    also    sec.    397    R.    C. 

Sec.   .37<).     Wharfano  —  when    due  and  eolleetible.— Wharfasie 

chargeable  on  tirewood.  lumber,  timber  and  logs,  or  other  articles  in  boats 
or  craft,  is  due  and  cliargeable  at  any  time  before  said  boat  is  unloaded,  or 
said  raft  is  broken  up.     (Ord.  L'lilll.  sec.  1  :  amending  M.  (".,  sec.  '\'.)i.) 

Sec.  377.     Penalty  for    failinj"-  to  pay  license  of  warfajfe.— 

lOvery  owner  or  person  in  charge  of  aii.\  boat,  tirewood.  lumber,  timber,  logs 
or  other  articles  on  which  wliarfa.i:('  or  license  is  due.  who  shall,  after  de- 
mand has  been  made,  fail  or  refuse  to  pay  the  same,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  ui)on  conviction  thereof  shall  be  fined  in  a  sum 
diMible  the  amount  of  wharfage  or  licen.se  so  due  or  owing.  The  ])aynient  of 
said  tines  and  <-osts  shall  operate  as  a  discharge  in  full  of  said  demands. 
I.M.  (\.  sec.  :i!l!».  I 

See.  378.     Ijanding   places   for  coal,   etc.,  to   be  set  apart — 

The  harbor  and  wharf  coiiimissioner  shall  be  authorized  to  set  aside  a  num- 
ber of  landing  jilaces  for  coal.  sand,  gravel  or  stone  or  similar  materials. 
I'arties  using  such  landings  shall  ]iay  for  the  use  thereof  an  annual  rent  of 
not  less  than  two  dollars  per  front  fool,  jiayable  monthly  in  advance;  but 
no  landing  privilege  shall  be  granted  al  a  lower  rental  than  twenty-five 
d()llars  per  month,  and  in  consideration  of  such  i)ayment  shall  have  the 
privilege  to  maintain  at  said  landing  a  float  or  wharf-boat,  connected  with 
the  wharf  by  one  or  more  stages,  and  also  to  use  the  wharf  for  the  distance 
rented  for  the  storage  of  coal,  sand,  gra\el.  stone  or  other  similar  material, 
whenever,  in  the  opinion  of  the  harbor  and  wharf  commissionei-.  such  stor- 
age does  not  interfere  with  the  general  Iraftic  and  business  of  the  levee.  For 
every  float  or  wharf-boat  maintained  under  authority  of  this  section  the 
|iai-ty  maintaining  the  same  shall  execute  to  the  city  a  bond  in  the  jienal 
sum  of  one  thousand  dollars,  with  not  less  than  two  good  and  sufficient 
sureties,  owners  of  nnincnmbered  real  estate  in  the  city,  conditioned  that 
the  said  Moat  or  wharf-boat  shall  al  all  limes  be  good,  safe  and  seaworthy, 
and  that  in  case  of  sinking  of  said  tloat  or  wharf-boat  from  any  cause  the 
same  or  wreck  thereof  shall  he  reinoved  forthwilh  from  the  landing  at  the 
expen.se  of  the  ])arty  having  maintained  said  tloat  oi'  wh:irf-boat.  so  that 
the  .same  shall  otl'er  no  obstruction  to  th(>  harbor.     (M.  ('..  sec.  4(HI.) 

\Viiarni.>;it.s'   ixm.is,   sc-e  .•joc.   ,184. 

Sec.  370.  l"ninii>roved  wliarf— conditions  of  lease  of.— The 
mnnicipal  assembly  may,  by  ordinance,  set  aside  or  lease  ]iortions  of  the 
unimproved  wharf  for  special  i)urposes.  such  as  the  erection  of  sheds,  ele- 
\ators  and   wai-ehouses.   and    for  railroad    tracks,   for  (luav   placi's.   for   the 


AKT.    Ml  Ol-    WHAHKAGi:.  651 

hiiidili;,'  i>r  liimlicr  rioiii  mills,  Inr  idllun  [ircsscs.  lor  iiiaiinl;iiliil-ics  :iiiii  for 
,iii_v  Jill i-| II LSI-  iciidinji  lo  larililjilc  (In-  Hade  ol'  llic  iil\  ;  liiil  no  iiiTinit  to 
use  aiiv  |)oitioii  of  llu'  wliarl'.  or  aiiv  Icasi'  of  llii-  saiiir.  siiall  lie  ^i-aiili'd  for 
a  tt'i-iu  oxctH'diii};  fifty  yt-ars.  All  leases  of  poilions  of  llie  ]nililii-  wharf. 
;;raiited  Ity  the  muiiicipal  as.send>ly.  unless  es|ierially  provided  ollieiwise  by 
ordinance,  shall  ;;ive  t.)  Ilie  le.«sees  the  use  and  control  of  the  •jfoiind  leased, 
siiliject  to  the  conditions  that  the  les.see  shall  at  all  times  leave  an  unob- 
structed i-oadway  of  at  least  Iwenty  feet  in  width  for  public  (ravel  aloiifi 
the  wharf.  No  lease  of  any  portion  of  the  ]iublic  wharf  shall  exempt  sleain- 
boats,  barjies.  rafts  or  any  otiu'r  water  crafi  landing  Ihereal  from  the  |iay- 
nieiit  of  wliarfatre  dues  established  in  this  arliile,  except  in  case  such  e.\- 
<('ption  is  es])ecially  pi-ovided  by  ordiiuiiice.     i  M.  «"..  sec.  4(H.) 

S««-  In  connection  hori'Wltli  see.  SS.'!  i„ira.  The  city  cannot  I.asc  out  Its  wharves 
for  private  purposes:  lielcher  S.  &  Itef.  Co.  vs.  St.  U  G.  El.  Co..  S2  Mo.  12G:  s.  c.  101 
Mo.  l!i'.'.  Hilt  It  has  power  "to  set  aside  or  lease  portions  oT  the  unpaved  wharf  for 
siieehil  purposes."  deslRniited  In  the  charter  (Art.  III.  sec.  26.  c'mise  1).  and  It  Is  held 
that  the  maintenance  of  an.  elevator  for  grain,  etc..  on  the  wharf  to  be  used  In 
conni'Ction  with  the  husiness  of  a  concern  Is  a  use  Incident  to  a  public  wharf  and 
a  lease  for  that  purpose  by  the  city  valid;  Belcher  S.  &  R.  Co.  vs.  St.  L.  G.  V..  Co.. 
101  Mo.  192.  2011  ri  sfq.  This  case  also  holds  that  "unpaved  wharf"  applies  to 
any  portion  not  paved  in  a  manner  suitable  for  recelvinpr  and  discharging  pas- 
sengers or   freight. 

See.  ,•{80.  Tonip<>rar>  ii.se  of  wliiirl— wlu'ii  iM'rniiHo«l.  tIic 
harbor  and  wharf  cummissioner  and  compi  roller  are  hereby  aulhori/ed  and 
diiiMted  III  allow  |iorlions  of  the  ](iiblic  wharf  and  river  hank  not  imnie- 
dialely  needeil  for  general  ]iiiblic  uses  to  be  lemiiorarily  used  and  occnjiied 
on  such  terms  and  coiidilions  as  they  shall  deem  iirojier.  No  ajireement  of 
rent  made  under  aiilliorily  of  this  section  shall  be  biiidiu<;  for  a  Ioniser 
period  than  (Uie  month,  and  the  amount  of  rent  shall  always  he  collected 
in  advance  fiu-  ihe  entire  leiio;tli  of  time  for  which  the  ajireenu'iit  is  made. 
Nothin;;  in  this  secti(Ui.  however,  shall  he  so  construed  as  to  piMliibit  at  Ihe 
exiiiraliou  of  such  a};reemenl  its  renewal  for  another  period  not  exceediiijj; 
one  monlh.      (  M.  < "..  sec.    |IIL'.  i 

Sec.  oSl.  Diiiiiia^c  lui.siiu'.s.s  ma>  In-  j-arrU'ii. — Any  per.son  or 
copartnership  or  pt>rsons  may  carry  on  Ihe  diiniiao;e  business  at  the  wliarf: 
provided,  that  smh  person  m-  jiersons  ]iay  for  each  skid  kejit  by  them  on  tlie 
wharf  Ihe  sum  of  six  ceiils  |ier  annum,  to  be  jiaid  semi  annually  in  aihance 
on  the  lirsl  da.As  of  .\pril  and  Oilober  of  each  yar.  The  harbor  and  wharf 
commissioner  shall  al  all  linio.';  have  control  over  and  re<;ulale  Ihe  amount 
of  space  occuiiicd  for  deposiliim  skids  and  oUur  apparatus,  i  .M.  ('..  sec. 
4(i:!.i 

Sic.  :{s_'.  DOCK'S  anil  laiiilin<;  ai»i»lijiiH'<'M— owiuth  (o  jjive 
l»«»iul.--No  privileo:e  shall  be  ;;raiiti^d  to  station  or  to  mainlaiu  at  Ihe 
j.iiblic  wharf  or  laiidin<;  any  dry  docks,  wharl'boai.  Hat.  Iloat  or  landiiip 
ap))liaiic<»  wlialever  until  Ihe  a]  plicant  for  smh  pii\ilef;e  shall  have  exe- 
cuted a  piod  and  sufticieiil  bond,  with  a|>pro\ed  sureties,  conditioned  that 
in  Ihe  event  of  ihe  errnundiii'j;  or  sinkiiiLr  from  any  cause  any  of  Ihe  above 
meiiiioiied  docks,  wh.irfboals.  lials  or  landini;  apidiances  the  owner  or 
owners  thereof  shall,  al  his  or  their  expense,  al  once  remove  Ihe  same,  so 
Ihat  it  shall  not  in  :iny  way  obstnicl  ttie  city  harbor  uv  wharf.  When  the 
amoiini  of  the  bond  ifi|uired  as  above  specitied  is  not  otherwi.se  esiablished 
by  ordinance.  Ihe  coiuplroller  and  harbor  and  wharf  coiuinissioner  are  liere- 
by  aulliiiri/.ed  to  determine  and  lix  Ihe  same:  provided,  however,  that  one 
thousand  dollars  shall  be  ihe  minimum  .-imounl  of  any  bond  reipiired.  |  Load- 
i-d  barj^es  and  scows  coining;  wilhin  the  haibor  may.  by  payiii};  full  wharfape 


652     ■  Ki;visi:i>  i'C)i)ic  or  gr.n'eral  ordinances.  tchap.  lo. 

as  prcscrilii'd  in  tliis  cliaiilcr.  lu-  pcrniitteil  to  land  and  rciiiiaii  at  a  dt'sig- 
natcd  jilace  I'oi'  a  s])ei-iti('d  linic  and  afterwards  conic  to  the  wharf  and  nn- 
load  fi'ce  of  charge  foi-  new  wharliifje.  |      (^I.  ('..  sec   4(1.').  i 

Tlio  last  porlit»n  *>f  this  section  pr<)\jdH(i  in  the  Mvin.  Cod*:-  that  "Loaded  barges 
and  scows  coming  within  the  harbor  may.  by  paying  full  wharfage  as  pre- 
scribed by  section  .W?  be  permitted  to  land  and  remain  at  a  designated  place 
for  a  specified  time,  and  afterwards  come  to  the  wharf  and  unload  free  of  charge 
for  new  wharfage  subjects  however,  to  the  prorisioiis  of  settion  JA?."  Sec.  3S2 
fixed  the  wharfage  dues  and  sec.  383  made  certain  exceptions  for  excursion  boats, 
but  botii  were  repealed  by  ord.  21911.  and  no  corresponding  provision  inserted 
in  lieu  thereof,  except  perhaps  what  is  now  sees.  397,  375,  so  that  that  portion  of 
the  section  is  practically  obsolete. 

Sec  3S3.  Lease  of  iiniiiiproved  wharf  —  coiuliticms  of 
oiuliiiaiiee  for.--X()  ordinance  shall  he  intiddmed  in  eiilier  hranch  of  the 
niiiniciiial  assenihly  ordaining  tlie  leasing  of  the  uniiniiro\cd  jiuhlic  wharf 
of  the  city  where  a  lease  is  asked  for  a  ])eriod  of  time  longer  than  five 
years,  niiless  liic  loljow  ing  condition  has  been  coniplied  with  as  hereinafter 
[herein  hel'oie,  in  sec.  '■\~i\)\  jirovided  in  this  article  as  folhtws:  Any  jieison, 
tirin  or  coi|ioration  desiring  to  lease  from  tiie  city  any  part  of  the  unim- 
]iro\cd  pnhlic  wharf  for  a  longer  period  of  time  than  five  years  sliall  make 
written  application  to  tJie  Jiarhor  and  wharf  commissioner,  specifying  in  the 
api)lication  the  name  of  tiie  person,  firm  or  corporation  asking  the  lease, 
the  yearly  price  to  he  ])aid.  tlie  number  of  years  wanted,  the  location  and 
boundaries,  with  a  correct  ])lat  annexed  to  the  a])plication.  the  purjiose  for 
which  it  is  to  be  used  or  occn]iied.  A\'hen  this  has  been  done,  it  shall  be  the 
duty  of  the  harl)or  and  wharf  commissioner,  on  the  same  day  application  m 
made,  to  record  in  his  office  book  a  coi)y  of  the  api>lication  and  give  to  ihe 
applicant  a  duplicate  copy  of  such  application,  who  shall,  within  two  days 
from  the  time  of  receiving  the  diii>licate  copy,  cause  the  same,  at  his  or  their 
expense,  to  be  ])ublished  in  the  daily  news])aper  authorized  by  ordinance  to 
do  the  city  ])rintiiig.  ten  times  consecutively.  lie  or  they  shall  also,  on  the 
first  day  on  wlii<li  the  advertisement  ajipears.  furnish  the  comjitroller  a  cnjiy 
thereof.  When  this  has  Iiecii  done  Ihe  harbor  and  wharf  commissioner 
shall  certify  on  the  projio.sed  lease  ordinance  that  the  in'ovisions  of  this  sec- 
tion have  i)een  complied  with.  All  ordinances  or  ])arts  of  ordinances  in 
conflict  Willi  this  section  arc  lieicby  repealed.      (M.  C,  sec.  -iOfJ.) 

.Sec.  3S3  should  be  read  in  i-unnection  with  sec.  37K.  which  it  was  originally 
intended  to  supplement. 

AHTICLE  III. 

OI.'   WHARFB().\Tt;.» 

*I''nr  charter  authoi-iu-  l<ir  Itic  in-n\isions  of  this  artii'le  see  (.'barter.  -\rt. 
7X.   sccf.    S-10. 

Sec.  :{S4.  Ijieeiise  — liow  obtained — I>oii«i,  ete. — Any  ]icrs<iii  ur 
persons.  <-or])oration  or  com])aiiy  cutitlcdby  the  terms  of  this  article  to  moor  a 
wharfboat  at  the  landing,  and  desiring  to  do  so,  shall  make  a  written  a]ipli- 
cation  lo  the  harbor  and  wharf  commissioner  therefor,  in  which  sliall  be 
staled  the  name  or  st.\  le  of  the  firm  or  comiiany  making  such  aiijilication.  the 
names,  number  and  tonnage  of  the  boats  owned  by  them,  for  which  said 
wharfboat  is  to  be  used,  and  the  trade  in  which  said  boats  are  to  be  em- 
ployed. Said  a|iiili<ation  shall  be  accompanied  by  a  sworn  statement  of 
the  names  of  the  owners  of  the  wharfboafs  and  boats,  and  the  exact  jiro- 
porlion  owned  by  each  jierson  in  said  wharfboat  or  boats  respectively, 
which  apjilii  al  ioji  and  statement  shall  be  tile(]  with  th(»  i-egister.  The  party 
oi'  jiarties  desiring  to  keep  and   use  such   wharfboat  shall,  before  mooring 


Al:T.    111. I  OK    UIIAICKIIOATS.  (J53 

till-  same  at  ilir  wliarf,  fxenitc  li>  llif  cilv  a  IhiiuI  in  the  jiciial  sum  of  twenty 
tliiiiisaiiil  ili>llars.  with  <;ii(>il  and  siil'ticiciil  scriiciix.  who  shall  lie  owium's  of 
iiiiiiK'iiiiilKTcil  I'lMJ  ('Stale  in  the  ritv.  to  the  sal  isl'art  ion  and  a|i|>r()val  iif  the 
Mayiii'.  rniidil  iiined  that  said  \\  harrimal  shall  at  all  limes  lie  };(i(id.  safe  and 
seawdi'th.v.  and  sn|>iilied  eonsianlly  willi  at  leasi  one  u;ood  force  |tiim|i.  and 
nrii-  hundred  and  tifly  feel  of  hose,  whieh  shall, always  he  in  >;oo(l  order  and 
riMily  for  use;  that  the  owner  or  jiarly  reiiresentin^'  said  wharflioat  will 
sirietly  coinply  willi  all  ordinances  that  may  he  passed  foi'  the  };o\erniiient 
of  wharfhoats  and  the  collection  (d'  wharfap'  and  wharf  rent  ;  that  in  case 
of  the  sinkinir  of  said  whai-flioal  from  any  cause,  the  same,  or  llie  wreck 
thei-eof.  shall  he  remo\('d  fiMMliwitli  fi-om  the  landinji  at  the  expense  of  the 
owner  or  re|iresentalive  of  saiil  wliarflioal.  so  that  the  same  shall  oiler  lu) 
iiIkii-iicI  ion   to  the  iiarlmr.      i  .M.  ("..  sec.  407.  ( 

Si'f  also  Sfi'.  :{7u. 

Sec.  :]8').  Storay:*'  or  ror\var<lin.i;  clitirjifi's  no)  to  be 
ma«lt'.--No  person  kcepiiii;  or  inlcrcslcd  in  a  wliarllioal  shall  lie  allnwi-il 
to  chartfe  for  the  siorai;i'  or  forwai'din^  of  any  freif^hl  or  merchandi.se 
passed  over  said  wharflioat.  nor  to  receive  any  commission  on  said  freijiht 
or  merchandise,  nor  to  charjje  directly  or  indirectly  any  iransieni  or  oilier 
lioais  for  the  pri\ile}:e  of  landin<;  at  said  wharfli<iat.  nor  shall  any  packet 
hoal  haviii;;  wharflioat  jirivilefies  be  allowed  to  receive  freij;ht  al  an\  oilier 
jilace  on  the  ]iaved  wharf  than  in  front  of  its  respecli\('  wharflioai.  unless 
with  the  consent  of  the  harhor  and  wharf  conmiissioner.  .\ny  person,  as- 
sociation or  company  violating:  any  of  the  provisions  of  this  section  shall 
he  deemed  ;;iiill\  of  a  misdemeanor,  and  shall  |iay  to  the  city  a  tine  of  not 
less  than  two  hundretl  tifly  dollars  for  each  ott'ensi>.  and  the  said  commis- 
sioner shall  report  every  such   \iolation   to  (he  city  atfornev.      i.M.  ('..  sec. 

4(tN.I 

But  Sep  Cliartpr.  Art.  IX.  .sec.  9.  Imposing;  (fur  .some  of  the  same  orfiTi.ses 
l>rolilblte(l  In  sec.  38.'>)  a  penalt.v  of  tlft.v  doUar.s.  If  the  provisions  are  In  con- 
lllet  of  rourse  tlie  Charter  would  prevail  as  the  paramount  law. 

Sec.  :!.S(;.  Wliarfboat.s — liow  fasft-iu'd.  .Ml  wharfhoats  moored  at 
ihe  wliarf  shall  he  so  fastened  thai  ihcii-  chains,  caliles.  stap's  and  cralis 
shall  olVer  the  least  jiossitile  ohstriiction  lo  ihe  free  jiassajje  of  drays  and 
wa;:ons.  The  harhor  and  wharf  commissioner  shall  desi^tnate  the  place  al 
the  wharf  where  each  wharfhoal  shall  lie.  and  wharllioals  shall  relno\e  to 
any  otiier  place  al  the  wharf  wliene\er  the  harhor  and  wharf  commissioner 
shall  so  direct,      i  .M.  ( ".,  sec.   Illlt.  i 

See.  :{87.  Harj;«'.H  may  liav<'  uhai'l'lioat  i>ri\  iU'j;«'s \ny  per- 
son or  jHTsoiis.  corporation  or  com|iany  transporting;  f;eneral  merchanilise 
upon  harjies  hy  means  of  steam  low-lioats  to  and  from  this  jiorl  may  avail 
lliemsehcs  of  tlie  provisions  of  this  article  in  re;;ard  to  wharfhoats.  on  the 
same  terms  and  conilitions  as  are  a|>]ilieil  to  sieamhoals  re;;ularly  cari-\in;; 
fn-ifjlit  and  passen^iers.     i  M.  <'..  si-c.  410. i 

Sec.  ass.     .Vnniial  mil  rairs wliarl'lMKits  not  to  afFrct  iluos. 

— All  jK'rsons.  owners  of  wharllioals.  haxiiii;  wharfhoal  pri\ile;;es  shall  |iay 
an  annual  rental  to  the  city  of  one  dollar  tift.\  cents  for  each  fr<int  fool  of 
wharf  <ir  landin;.'  that  may  U'  so  <iccupied.  No  wharfhoal  over  four  hiiii 
dn-d  ftH't  Ion;;  shall  U'  allowed  al  the  jiaved  wharf.  The  ahove  wharf  rent 
shall  he  paid  .semiannually  in  advance.  The  moorin;;  of  any  wharflioat 
shall  not  alTect  in  any  manner  Ihe  wharfa;;e  or  stale  or  city  taxes,  dues  or 
levee  rates  asseswd  or  levied  on  an\  steamlioai  or  other  water  craft  lamlin;; 


G54  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.   10. 

thereat,  but  .such  wliarfago  tax,  dues  or  rates  shall  be  collected  from  each- 
boat  laudiuf;  at  any  wharfboat  as  though  said  wharfboat  was  not  there. 
(M.  (J.,  sec.  411.1 

Latter  part  of  section  i.s  the  same  as  Charter,  Art.  IX,  sec.  10. 

Sec.   389.      Stages     to     connect    wharfboat    with     wharf 

Every  wharfboat  shall  at  all  times  be  conneetea  with  tlie  wharf  bv  at  least 
two  stages,  of  such  size  and  strength  that  loaded  drays  and  wagons  may 
safely  drive  over  the  same  to  and  from  said  boat,  and  every  wharfboat  shall 
have  sufficient  breadth  of  beam  ;ind  strength  of  deck  to  iH'ceive  on  board  at 
any  time  at  least  three  loaded  twohorse  drays  or  wagons,  with  room  for 
said  vehicles  to  load  and  unload,  and  pass  and  rejiass;  [irovided.  that  the 
wharfboat  belonging  to  the  Naples  and  I'eoria  I'acket  Company  now  moored 
at  the  \\harf  is  exemj)ted  from  the  provisions  of  this  section ;  and,  pro- 
vided further,  that  wharfboats  from  one  hundred  to  four  hundred  feet  in 
length  shall  not  be  jiermitted  to  lie  at  their  regular  landing  place  with  a 
less  sjiace  than  thii'ty  feet  between  said  wharfboat  and  the  water  line  on 
the  landing  in  front  of  said  wharfboat;  and  whai'flmats  from  two  luuidred 
to  four  hundred  feet  in  length  shall  not  be  permitted  to  lie  at  their  regular 
landing  ])lace  with  a  less  space  than  fifty  feet  between  said  wharfboat  and 
the  watei-  line  on  the  landing  in  front  of  said  wharfboat.     |JI.  C,  sec.  412.) 

See.    390.       Removal    of    wharfboat— when    for    failure    to 

comply  \vith  article. — Every  person  oi-  jiersons,  corporation  or  com- 
pany, the  owner  or  owners  of  any  wharfboat  now  mooi'ed  to  and  using  the 
paved  wharf  of  the  city,  shall  forthwith  comply  with  the  provisions  of  this 
article,  and  on  failure  to  do  so  shall  subject  themselves  to  the  liabilities 
of  this  article,  and  the  harbor  and  wharf  commissioner  shall  remove  or 
cause  to  be  removed  said  wharfboat.     ( M.  C.  sec.  413.) 

Sec.  391.      Kent    nnpaid,    privileji^e    of    wharfage    denied. — 

Any  person  or  persons,  corporation  or  company  that  are, now,  or  may  be  here- 
after, the  owners  of  a  wharfboat,  and  who  are  now,  or  hereafter  shall  be  in 
arrears  to  the  city  for  wharfage  rent  shall  not  be  allowed  to  avail  them- 
selves of  the  privileges  of  this  article,  so  long  as  such  wharfage  rent  remains 
uni)aid,  nor  shall  such  wharfboat  or  wharfboats  be  allowed  or  jiermitted 
to  remain  at  the  paved  wharf  of  the  city,  but  the  harbor  and  wharf  com- 
missioner is  authorized  and  hereby  reipiired  to  remove  or  cau.se  to  be  re- 
moved such  wliailhuat  or  wharfboats  from  the  paved  wharf,  and  for  that 
jiurpose  may  call  lo  his  aid  the  i)olice  force  of  the  city.     ( M.  ('.,  sec.  414.) 

See.  392.  Penalty  for  violating  article. — Kvery  jierson  who  shall 
moor  or  continue  a  wharfboat  within  the  city  conli-ai'V  to  the  ]irovisious 
and  reipiirements  herein  pidvide<l  shall  lie  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  lined  in  a  sum  not  less  than  fifty  nor 
more  than  one  hundred  dollars  for  each  ott'euse.  and  each  day's  continuance 
of  such  violation  of  the  provisions  of  this  article  shall  constitute  a  sep- 
arate misdemeanor  or  oft'ense.      ( .M.  (\.  s(>c.  tl.").) 

ARTICLE  IV. 

OF  W00l> 

See.  39.'?.  Districts  designated. — Foi-the  purpose  of  receiving,  rank- 
ing and   measuring  cordwood  and   collecting  wharfage   thereon   the  city   is 


ART.    IV.  1  Ol'-    WOOD.  (J55 

lificliv  (li\i(lcil  ililii  l\\(i  ilisi  rills ;  ;ill  lli:lt  ji.irl  cif  the  cily  l.vill^  soiilli  iif 
llic  ifiilfi-  III'  .Mai'kcl  sircci  sli;ill  i-(iiii|i(isf  tlic  soiillu'rii  ilisirict,  and  all  llial 
pari  i>{  llic  I'il.v  I.Niii^;  imrlli  ol'  llu-  riMilcr  of  .Markcl  strt'cl  sliall  coiiipii.sc 
till-  null  liciii  ili.sl  rid.     i.M.  (".,  si-r.  -llU. ) 

See.  394.       Di'indy    <'<»iiiniis.sioiuM'   to    iir(     as    woodinaHtcr.— 

Tlu>  liarlinr  and  wliarl'  itiiiiiiiissioiKM'  shall  a|i|>uiiii  mic  iil  his  (lc|inlics  to 
llic  s|icrial  rliar;;!'  and  ((iiilriil  nl'  each  of  said  dislricls,  who  sliall  icspec- 
ti\('l.\  iH'rloriii  Ihe  diilies  herelol'ore  iierroriiicil  hv  ilii'  \\  uDdiiiaslcr,  as  pro- 
viiled  li\    ihis  rhajilcr.      i  .M.  ( "..  .■<('!•.  417.1 

Ser.  3!!.').  Duties  ot  <U-|m( io.H.  —  It  shall  lie  ihc  diiiv  oT  Ihc  ilcpniy 
and  wliarC  eoinmissioiuM-  appointed  as  pi-ovided  liy  section  3!)4,  to  sujierin- 
tend  and  direct  tiie  landinjr  of  all  tirewood  ltrouj:lit  to  ttie  city  by  water  or 
rail,  and  landed  on  the  \\liarf  or  landiniz.  and  to  cause  the  same  to  he  piled 
np  in  a  close  and  coiii|pacl  iiiaiiiier.  and  to  exercise,  niider  the  control  of  the 
harlior  and  wharf  commissioner.  j;eneral  sii|ier\ision  oxer  the  wharf  or  land 
iu;:  in  relation  to  tirewood  landed  thereon.  They  shall,  whenever  reipiesled 
liy  lh('  harlior  and  wharf  commissioner,  inform  him  of  the  iiuantily  of  lire 
wood  on  the  landing,  and  the  lenjjfh  of  time  it  lias  remained  thereon,  and 
the  aiiiiiiini  of  whai-faire,  if  any.  due  on  the  same.      I  .M.  ('.,  sec.  41S.1 

Sec.  .{iii;.     Scllinj;-  wood  at   tlu'  ori*::iiial  in<>asiir<>ni<'iit,  wliu-li 

lin.s    Ih'OII    i'('ino\tMl    ri'oiii     coril,    a     iiiixlmit'aiioi' Any     person 

who  shall  remove  any  wood  from  the  cords  after  the  same  shall  have  lieeii 
measured,  and  shall  thereafter  sell  or  oiler  to  sell  the  same  at  its  original 
measm-enuMit,  and  any  wood  Inning  lieen  iirevioiisly  mea.siired  wliicli  is  e.v- 
po.sed  in  ranks  upon  the  pnlilic  wharf  shall  hi'  deemed  as  oU'ered  for  sale, 
or  any  person  who  shall  remove  wood  from  Ihe  wliarl  liefore  the  payment 
uf  whai'faj;e  therefor,  shall  he  deemed  i;nill\  of  a  violation  of  Ihis  cha|iter, 
and  upon  conviction  thereof  shall  he  lined  in  a  sum  of  not  less  than  twenty- 
live  iiur  mure  than  tifly  dollars,      i  M.  ('..  sec.  41!l.l 

Sec.  3!I7.  FiiM'wood  -  wharfay:*'  rat«'s  —  r<>maiiiiiiy  on  iiiipavi'd 
wliarf— duty  of  drpiity  coiiiiiiissioner  to  report  aiiioiiiit  ami 
ownei- — what  wood   exempt      not   to  o<*cnp>  pa\«'«l  wharf. —There 

shall  lie  collecled  \\liarla;;e  of  ten  cents  on  each  and  every  cord  of  tirewood 
liroii;;lil  to  this  city  hy  lioat.  rail  or  raft,  either  hefor(»  or  after  the  same  is 
unloaded  from  lioal.  rail  or  rafi.  with  the  permissiiin  that  Ihe  same  may 
remain  on  the  nnpaved  landing;  ;i  leii;;th  of  time  not  exceediiiij  thirty  days, 
and  whenever  the  same  shall  remain  loiijjer  than  thirty  days,  it  shall  he  re- 
ipiired  to  ]iay  tive  cents  a  cord  in  advance,  every  thirty  days  for  tli(>  time  it 
may  so  remain;  and  it  shall  he  the  duty  of  the  deputy  harlior  and  wharf 
commissioner  to  report,  in  writin;^.  to  Ihe  li;trlior  ami  wharf  commissioner, 
ihe  amoniil  of  all  tirewood.  with  the  name  of  the  owner  m-  coiisii;nee  there- 
of, siilijeii  to  payment  of  wharfajic  as  soon  as  il  arrives  wilhin  their  resjiee- 
tive  districts,  and  also  the  report  as  aforesaid,  the  amount  of  all  tirewood 
lialile  to  the  payment  of  whaifa<;e  within  their  respe(tiv(»  districts,  Iiy  rea- 
son of  its  having;  remained  on  the  lainlin;;  loii<;er  than  the  time  allowed  hy 
this  section,  since  Ihe  last  payment  of  wliarfa-.'e ;  jirovided,  that  wood  on 
ste.'inilioats  or  locomotives,  intended  for  their  own  use,  is  not  siiliject  to  tlie 
paxnient  of  wliarfa-ie;  and  pruxiiled  further,  tliat  no  portion  of  the  paved 
wharf  or  landin;;  shall  he  occupied  hy  wood  unless  liy  permission  of  the 
harlior  and  wharf  commissioner.  lOrd.  "JIMIt.  sec.  1  :  amending;  M.  <'.,  sec. 
4-Jt».  I 

S>-f  nee.  375. 


(J5(i  KKVISKI)   CODK  OK  GliNKKAL  i 'KI  iINANC'KS.  (CHAP.    10. 

Sw.  398.  ('<)r<l — liow  foiuputetl. — A  cord  oT  wikmI  .•<liall  1k'  fom- 
|iiil('il  ;is  niic  liiiinlri'd  I  \\ ciity-eijilit  cubic  feet,  iiiid  all  Hrewood  sliall  be  sold 
l)\  llie  cord  ov  I  racl  ioiial  ]>ai-|  of  cord.  The  deputy  harbor  and  wharf  com- 
luissioiiers.  \\  lim  iiicasniiuj:  wood,  .shall  rate  the  leii;;th  of  the  wood  at  four 
IViM.   iiirludiiiii  (iiiciiall'  ol'  the  kerf,     i  M.  ( '..  sec.  4L'1.i 

Sec.  399.     3It'asur('iiu»iit    of   firewood    for    privat«»  uso. — Fire- 

^\d(>d  brought  to  the  cily  by  walcr  lor  |ii-i\aic  use  and  iini  lor  sale  may,  at 
the  option  ol  the  owner,  lie  measured  in  llie  bnlk  or  boai  load,  i  .\I.  C, 
sec.  4:il'.i 

See.  400.  Deputy  —  hours  at  wharf. —  The  dejnity  harbor  and 
wharf  coUHiiissioueis  shall  be  at  all  times,  from  sunrise  until  (hirk.  upon 
those  ])arts  of  tlu>  wharf  or  iandins  where  tiicwood  is  directed  lo  l)e  landed 
Ol-  .sold.      (M.  ('..  sec.  42:!.  I 

Sec.  401.  Measiireiueiits  for  ventlors  or  purehasers. — The  dej)- 
nly  harbor  and  wharf  commissioner  shall,  whenever  reijuired  so  to  do  by 
any  vendor  or  purchaser  of  firewood,  measure  and  mark  off  any  (|uantity  of 
lii-ewood  retjuired,  and  is  hereby  authorized  and  reipiired  to  charfje  and 
collect  from  such  vendor,  lor  e\erv  such  measuremenr.  a  fee  of  ti\e  cents 
]ier  cord;  such  fei's  shall  be  ])aid  over  on  Saturday  of  each  \\('<'k  by  the 
harbor  and  ^^•harf  commissioner  to  the  treasurer.  taUinji  trii)licate  recei|)ts 
tlieri'for,  t)ne  of  which  he  shall  tile  with  the  auditor  and  one  with  the  eonip- 
I  roller,     {^l.  ('..  sec.  4J4.) 

Sec.     402.       Coal     or     eoke — barge     of.     ineastirenieiit. — The 

deputy  Iiarbor  and  \\harr  commissioner,  whenever  reiiuii-ed  so  to  do  by 
any  vendor  or  purchaser  of  a  barj;('  of  coal  or  coke,  shall  measur(»  and 
cei'til'v  the  liumbei-  of  bushels  contained  therein,  and  is  hereby  authorized 
and  re(iuiied  to  char<;e  and  receive  from  the  ]ierson  or  )iersons  so  re(Hiirin,L!: 
llie  measurement,  a  fee  of  fifty  cents  ])er  every  one  thousand  bushels,  and 
for  very  fractional  part  thereof  over  five  hundred  bushels,  fifty  cents,  ami 
under  Ave  hundred  bushels,  t\\entyflve  cents,  wliich  fee  shall  lie  ]iaid  in  a:i 
pro\ided   by  section   401.      (M.  (\,  sec.  42.j.) 

As  In  i.-()a!   ni'-H.surtnuTits  in  general,  etc..  see  sees,   l^r.iii'  to  Ijr.Tl.  L'r.40. 

Sec.    403.       AVhat    eolleetioiis    to    be    made    by    collector 

.Ml  collections  recjuired  by  this  article  otlier  than  those  mentioned  by  .sec- 
tions 401  and  402  sliall  be  made  by  the  collector.  The  harbor  and  wharf 
coinniissioner,  on  delivering  each  bill  to  the  c(dlector,  shall  take  dujilicate 
receipts  therefor,  one  of  which  lie  shall  retain  in  his  ol'tice.  and  the  other 
he  shall  deliver  at  least  monthly  to  the  auditor,  who  shall  charjic  the  col- 
lecloi-  wilh  the  bills  so  |ilaced  in  his  hands  for  colleclion.       l  .M .  ('.,  sec.  42(i.) 

See.    404.       Report  —  what    to    be    iiiadi'    to    asseiiddy. — The 

harbor  and  wharf  commissioner,  in  his  annual  repoil  to  the  niunici|)a1  as- 
sembly, shall  jiresent,  in  statistical  form,  the  number  of  cords  of  wood  and 
till'  amount  of  revenue  derived  from  tlie  wharfage  and  measurement  of  said 
wood  for  the  year  last  past.     (  M.  <"..  sec.  427.1 

AHTICLK  V. 

(IF   SCAVIiNGEIt   DfMPS. 

Sec.  405.     Location  of  dumps.  — There  are   hereby  estal)lished   the 

followine  nameil    sca\enj;e]-    dumps,    and    locali'tl    .-is    follows,    to-wil  :      The 


AKT.    v.]  OK  SCAVKNC-.KU   Dl'MPS.  (J.-,7 

northern  scavciitici-  <liiiii|>.  al  i>r  iumi-  ilic  I'imM  nf  Cliiiloh  si  reel  ;  icniral 
s«-avt'um>r  ilnni(>.  ai  oi-  near  tlu'  fnol  (>(  .Miillaiiiihv  street;  Clionleaii  a\fnue 
scaveufjer  (lnni|i.  ai  »ir  near  the  I'tKii  ot  Cliuuteau  avenue;  \'ict(ir  slri'cl 
sravenjjer  (lnni|i.  at  or  near  the  fnol  ot  X'iclor  street  ;  southern  seavenjiei- 
(liinip.  at  tlie  tool  of  Stein  street.  South  St.  Louis,      i  .M.  C.  see.  4liM. ) 

See.  40().  Sui>orili(oii(U'ii(  «»f. -  The  liarhor  atnl  wharf  eoininissioner 
shall  appoint  one  of  his  deiuities  rn  he  superinteinlent  of  seav«'n};er  dumps. 
t.M.  ('.,  see.  1L".».  I 

See.  407.  \\':it('llliK'll.  'riie  hariioi'  ami  wharf  rmiiiiiissinncr  shall 
a|ipoint.  with  iIh-  apiiinval  of  the  presidenl  nf  llic  lidanl  oC  |iiililii-  iiii|ii(iM- 
nients,  the  fulhiwiiii;  numix'i-  of  watihnien  for  llie  several  (luin|is:  l'"ur  iln' 
northerti  duinp.  two  walehiiien ;  for  eentrai  duin|i.  tliree  waltlinieii :  fur 
Chouteau  avenue  (hun|i.  two  walehmeu;  for  \'i(l(M-  sireci.  two  walchnieM: 
f(M'  southern  dunii).  two  watehinen;  who  shall  he  divided  bv  appointin^i  one 
walehman  for  day  and  one  watehnnm  for  nij;lii  vvmU  on  each  of  the  dumps. 
e.\eept  the  eentrai  dump,  where  two  watchtneti  shall  Ik'  stationed  on  the  dav 
wateli;  said  watehmeii  shall  receive  in  full  compensation  for  their  .services 
the  Miini  of  six  hiinilied  dollars  each  |ier  annum,  payahle  iiionthlv.  (M.  ( '.. 
sec.  4:!0.1 

Sec.  40.S.  Dumps  to  li»'  I'r*-*'.  'I'lic  scavcu^;cr  dumps  eslahlished 
and  maintained  liv  the  cilv  shall  Ix'  free  duniplM^  places  for  slops,  refuse 
from  markets,  manure.  ni};ht  soil,  otlal  from  slauj;hler  hou.ses  and  oilier 
animal  <u-  vc^^etahle  matter,  hut  not  for  earth,  stone  or  other  matter  lialile 
to  till  u|>  the  river  lied  in  frotit  of  the  dum|)s.  ami  to  create  an  ohstrnction 
to  the  harliDi-  nf  the  citv.      i  .M.  ('.,  .see.  4:!1.| 

Sec.     409.        It<>^'ul:itioiis    of,    t«>    he     iiinch'.  —  Tlic    liarhor    ami 
wharf  comini.ssioner  is  licrchy  aiitliori/ed  .ind  diici  led  to  ni.ike  such   reun 
latioii.i  concerning  the  manner  and   limi'  of  dumping  niuhi   si>il   and  nilier 
ort'ensive  suhstances  as  he  may  deem  iiecessaiy    to  prr\<'ni   I  he  ncaiioii  of  :i 
nni.sance  Iherehy.      i  .M.  ("..  sec.   I.".".',  i 

Sec.  41(1.  I  >«■  of,  ma>  In-  pi°<>]iilM((>(l.  —  Wlu-ncvcr.  on  aci-uunt 
of  low  water  or  fiom  any  other  lansi-.  lUie  i>(  the  dum)is  estaldished  and 
maintained  hy  the  city  shall  he  unlit  to  he  used,  or  if  the  further  use  of  aiiv 
estahlishetl  dump  will  create  a  nuisance  or  an  obstruction  to  the  harbor  of 
the  city,  the  harbor  and  wharf  commissionei-  shall  have  tlu*  ri^lii  lo  tcm- 
porarfly  prohibit  the  use  of  such  dump,  either  entirely  or  for  onl.v  for  cer- 
tain kinds  of  material,  as  in  his  jud^menl  may  Ik-  re<iuire<i.  and  to  provide 
in  its  stead  such  oiher  temporary  convenience  for  dumping;  as  the  necessi 
ties  of  the  case  may  demand,     i  .M.  < '..  sec.  4:!;{.  I 

S. . .  HI       It<>iii<>\;il  of  «>fTnI— :i<l(lit  ioiial  lirlp     sliip  i-jirpcntt-rs 

•  IIhI  <'<llllk<'l'.  TIm-  liailior  and  vvliaif  commissidncr  is  lici'i'bv  aiil  iKiri/.nl 
with  the  approval  of  the  |iresidenl  of  the  board  of  |iublic  im|irovenients,  to 
employ  sin-h  labor  as  is  necessary  to  remove  sediment,  f;arha};e.  butcTn'rs" 
KfiilT  and  other  oH'al  as  accumulates  on  the  [iiiblic  levee  or  wharf,  such  labor 
to  iveeive  one  dollar  and  seventy-live  ci-nts  per  day  each.  The  harbor  and 
wharf  commissioner  may  also,  with  the  ajiproval  of  the  iiresideiil  of  the 
board  of  public  improvements,  apjioint  two  ship  carpenters  and  one  caulker, 
whu  shall  receive  as  compen.sat  ion  three  dollars  per  dav  each,  i  Part  of 
old.  L'-Jlilf,.  1 

Thl.M  ord.  22166.  rcponlii  arc.  434  of  tlu-  M.  C.  Tlip  socHon  rcpenliMl  la 
corroolly  ri-fcrri'd  to  In  tlu'  titlr.  tliniifcli  not  In  tho  hody  of  the  cirdlnanro  wluTc 
It  la  d>-slKnnti'il  a»  404  Inatcnd  of  434.  As  to  i-mployoa  of  Harbor  and  Wharf 
depnrtm>-nt.  ai'c   R.   C.   »»>r,».    ISSS.   2012-2011.    1999, 


658  REVISED  CODE  OR   GENERAL  ORDINANCES.  (CHAP.    10. 

Sec.  412.  Violations  of  article— penalty. — Auy  person  who  shall 
dump  from  any  of  the  dumps  maintained  by  the  eity,  earth,  stone  or  other 
material  ])rohibited  from  being'  dumped  by  tliis  article,  or  who  shall  dis- 
obey any  of  the  directions'  or  orders  of  the  liai'ljor  and  wliarf  commissioner 
in  relation  to  dumjis,  given  under  authority  of  this  article,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  fined  in  a  sum 
not  less  than  five  nor  more  than  one  hundred  dollars,     i  M.  C.  sec.  435.) 


ARTICLE  VI. 

OF  KEURIES. 

See.  413.  Keepers  of  ferries  to  pay  a  license. — No  persim  shall 
keep  a  ferry  within  the  limits  oC  iliis  city,  so  as  to  demand  and  i-eceive  pay 
for  traus]iorting  jiersdus  or  jiroperty  across  the  JIississip])i  Kiver,  or  use 
in  any  way  the  wharf  or  shore  of  said  river  as  a  ferry  landing  without  a 
license  therefor,  under  penalty  of  thirly  dollars  for  each  day  such  ferry 
may  be  kept  without  a  license.     (M.  C,  sec.  430.) 

Cliarter  power:  Art.  III^  sec.  26.  clause  4.  This  provision  is  valid:  St.  Louis 
vs.  Waterloo-Carondelet  T.  Co.,  H  Mo.  App.  216.  In  granting  licenses  charge  for 
round  trip  may  be  limited:     State  vs.  Sickmann.  65  Mo.  App.  499. 

See  as  to  right  of  a  city  to  impose  a  license  ta.\  on  ferries  plying  between 
St.  Louis  and  East  St.  Louis:  Wiggins  Ferry  Co.  vs.  East  St.  Louis.  107  U.  S. 
365:  St.  L.  vs.  Waterloo-Carondelet.  supra.  See  also,  as  to  protectini:  such 
ferry  franchise  by  injunctive  relief  against  unauthorized  operation  of  a  rival 
ferry  company  which  has  no  city  license:  Cauble  vs.  Craig.  94  Mo.  App.  675. 
682:  Carroll  vs.  Campbell.  110  Mo.  557:  Carroll  vs.  Campbell,  108  Mo.  550  . 
Where  a  city  is  not  given  exclusive  power  to  license,  the  rigrit  of  the  state  to 
license  ferries  is  not  taken  away:  Harrison  vs.  State.  9  Mo.  530.  Special  legis- 
lation relating  to  ferries  is  prohibited  by  the  Missouri  constitution  of  1875:  Art. 
IV,  sec.  53.     See  Carroll  vs.  Campbell,  supra. 

See  also  in  connection  herewith  liinitation  of  the  right  of  the  city  and 
state  to  impose  a  license  tax  (though  in  lieu  of  wliarfage  dues)  on  vessels  licensed 
under  the  laws  of  Congress  to  do  a  coasting  trade  on  the  Mississippi  river,  and 
engaged  in  carrying  freight,  authorities  referred  to  in  head  note  to  Art.  2  of  this 
chapter. 

See.  414.      Petition    for   ferry    to    be    made    to    assembly. — 

Any  person  who  shall  desire  to  kee]i  a  ferry  within  the  limits  of  this  city 
shall  petition  the  municipal  assembly  fur  a  liceuse  therefor,  setting  forth 
in  the  petition  the  number  and  kind  of  boais  intended  to  be  eni])loyed,  the 
length  of  time  for  which  said  license  is  wanted,  and  ])laces  where  such  ferry 
is  designed  to  be  kept.     (M.  ('..  sec.  4.37.1 

See.  415.  Assembly  to  direct  license  to  issne  and  pre- 
scribe rate. — The  municipal  assembly  may  by  ordinance  direct  a  licen.se 
to  issue  and  jirescribe  the  sum  of  monev  to  be  j)aid  therefor  each  six  months. 
(M.  ('..  .sec.  438.) 

See.  41(5.  Term  of  liceiis<'  and  bond. —  ri)ou  the  passage  of 
such  ordinance  a  license  shall  be  issued  to  the  ap])licant  for  tlie  term  of 
six  months,  charging  therefor  the  sum  directed  by  such  ordinance;  pro- 
vided, that  the  api)licant  therefor  shall  give  bond  to  the  city  in  the  sum  of 
ten  thousand  dollars,  with  not  less  than  two  sureties,  holders  of  unincuni 
bered  real  estate  in  the  city,  to  be  a|)])roved  by  the  Mayor  and  Council,  con- 
ditioned for  the  faithful  ixM-forinanct?  of  all  duties  enjoined  by  any  ordi- 
nance of  the  city.      (.M.  C..  sec.  43!t.) 


AHT.    VI  1  OF  FEURIES.  059 

Sec.  417.       H«'ll«'\\;ils  of  lict'llSO.       If    llic    lirciisc    Im'    j;r;mlcil    l)_v    llu- 

iiiiiiiii'i|i:il  iissfiiilil.v  lor  ii  li>nj;cr  liiiic  than  six  iiiiiiitlis.  it  simll  Ix'  renewed 
:it  the  eml  i>(  each  six  months.  (Iiirinj;  llie  time  speeilieil  by  ordinance,  willi- 
oiil  the  neiessity  of  a  new  (letition.     (  M.  ("..  sec.  440.) 

See.  41S.     I^MM'  <»r  licenses,  \\  lini  :i>si-iiilil,\  iiol  in  session. — 

.\t  anv  lime  wiieii  the  municipal  asseiiililv  is  not  in  session,  the  .Mavoi-  may 
direct  terry  licenses  to  lie  issued  in  continue  in  I'ofce  until  the  end  of  the 
next  rey;iilaf  session  of  the  inniiici|)ai  .issenddy.  u|miii  ilje  a|i|iliraril  uiviii^ 
bond  as  liereinberofe  fei]uii-ed.     (.M.  ('.,  see.  441.) 

Sec.  41'.».  Duties  of  ferry-keepers.  —  Kveiy  keeiiei-  of  a  leriy  shall 
kiM']!  a  f^ood  ami  suliicient  boat  of  boats,  in  jjood  repair  and  well  manned, 
and  v:ive  reaily  and  due  altendanee  at  all  times  liotwtH'n  sunrise  and  dark, 
and  for  ne;;lectin<;.  I'ailinf;  or  refusinj;  to  jcive  such  attendance  or  promptly 
to  transport  persons  or  i)ro]perty  across  the  river,  when  the  river  can  be 
jtassed.  shall  be  deemed  jiiiilty  of  a  misdemeamu',  and  on  conviction  thereof 
shall  be  tineil  not  less  than  ten  nor  more  than  twenty  dollars;  |U-o\'ided. 
he  shall  not  be  obliged  to  transport  any  person  or  propei'ly  before  payment 
of  the  le-ial  ferriaf;!'  therefor  shall  have  bivn  made  or  tendered.  f.M.  (J., 
.sec.  441.'.  I 

See.  420.  ^\  Ju'n  li<'ense  may  Ik>  revokecl. — If  any  keepei'  of  a 
ferry  fail  or  nej^lect  for  three  consecutive  days,  or  for  six  several  days  within 
any  period  of  six  months,  to  perf(U'iu  the  duties  herein  enjoined  on  him. 
except  when  |>revenicii  l)y  ihc  cIcMieuls  or  other  iiiiconlrollabie  cause,  cal 
cidat(>d  to  render  na\ij;ali(Ui  (lan;;eroiis  or  ini[iracticable.  his  license  may 
be  revoked  b\'  the  .Mayi>r  or  iuunici|ial  asseudily.  and  after  he  shall  have 
received  notice  of  such  revocation,  he  shall  not  for  the  pnr])ose  of  trans 
portitij;  persons  or  property,  as  a  ferry  land  any  ferry  boat  or  take  it  froiu 
the  shore  of  the  river  within  the  city,  under  penalty  of  not  less  than  twenty 
nor  luoi-e  than  one  liundre<|  <lollars  f(M-  each  otfeuse.     (.M.  ("..  sec.  44:?.) 

Sec.  4-' I.  I\'rr\  keeix'rs  may  be  su«'«l  on  bond. — Any  per- 
son injured  or  dama^'d  by  the  failure,  ne-ilect.  or  refusal  of  any  ferry 
ke«'per  to  perform  any  of  the  duties  enjoined  by  this  article  may  sue  ujion 
said  bond  issued  as  hiM-einbefore  reipiired.      ».M.  ('..  sec.  444.1 

See.  42_'.  Landin*;  to  be  desijjnaled  by  eonimissioner. — It 
shall  In>  the  dnt\  of  the  harbor  and  wharf  commissioner  to  desi;;nate  the 
places  of  landin;;  of  the  ditVereiit  ferries,  unless  the  same  shall  be  lixed  b\ 
ordinance.     i.M.  (".,  sec.  44.").  i 

See.  423.  Temporary  Iandiny:lo  b«>  «lesiy:naled — when. — If  any 
ferry  boat,  on  acn>uiil  of  the  low  slaj;e  of  water  in  the  ri\er.  or  other  nat- 
ural <-auses,  shall  at  any  time  be  prevented  from  landing  at  the  jioint  des- 
ignated as  its  landin<;  place,  the  liarboi-  and  wharf  commissioner  shall  des- 
ignate the  near<-st  point  thereto  at  which  sin-li  boat  can.  without  obstruc- 
tion, land  at  its  lamlin<;  place  for  the  time  bein^';  and  such  boat  shall  be 
landed  at  the  place  so  designated  tiiitil  a  landin;;  can  In-  ell'ectcd  uuob- 
stnictedly  at  its  ivjnilar  landiii}:  |>lace.     ( M.  ('..  sec  44(i.) 

See.  4i.'4.  Hules  foi-  opcratin*;  ferr>  boats. — Ferry  Imats  slinll 
pursue  the  nearest  |)raciical   route  or  course  across  the   .Missi.ssi]ipi   River. 


geo  REVISED  cooi':  f)R  (?i:ni:rai,  ordinances.  [chap.  lo. 

and  .shall  iu)t  iviiiaiii  at  tlie  laiidini;  in  this  litv  louder  than  ten  minutes, 
unless  couipeilcd  to  do  so  in  older  lo  dischai'jje  and  take  in  passengers  or 
cMijio.      (  M.  ('.,  sec.  447.) 

See.  425.  Kate.s  of  ferriaj>e.— At  any  ferry  established  under  this 
article,  ferriage  for  one  jiassage  in  either  direction  shall  not  exceed  the 
following  rates,  to-Avit:  For  children  under  five  years  of  age.  when  accom- 
l>anied  hy  guardian,  free;  for  each  |)erson  tive  years  of  age  or  over,  five 
cents;  for  hogs  and  sheep,  per  head,  foui-  cents:  for  cattle,  horses  and  mules, 
])ei-  head,  ten  ceiils:  for  man  and  horse  or  mule,  fifteen  cents;  for  one-horse 
vehicle,  including  driver,  twenty-tive  cents:  for  twohorse  vehicle,  including 
driver,  thirty-tive  cents;  for  three-horse  vehicle,  including  driver,  forty-five 
cents;  for  foui--lior.se  vehicle,  including  driver,  fifty  cents;  for  rtve-hor.se 
veliicle,  including  driver,  si.xty  cents;  for  six-horse  vehicle,  including 
driver,  .seventy  cents;  ])rovided.  however,  that  i-ates  for  market  wagons,  or 
vehicles  loaded  with  ]iroduce  of  manufacture  of  this  state  or  the  state  of 
Illinois  and  i-eturiiing  eni]tty  within  ten  days  after  crossing,  shall  not  e.x- 
ceed  for  one-horse  vehicle  each  way,  fifteen  cents;  each  two  or  three-hor.se 
vehicle,  each  way,  thirty  cents;  each  f(uir-horse  vehicle,  each  way.  fliirty- 
ttve  cents;  provided,  that  any  party,  j)er.son  or  corporation  violating  any  of 
the  provisions  of  this  section  by  demanding  or  receiving  any  compensation 
in  excess  of  amounts  h(>rein  ])rovided  shall  be  deemed  guilty  of  a  misde- 
nu^anor.  ami  u))on  conviction  thei-eof  shall  be  jmnislied  by  ;i  hue  of  not  less 
than  one  hundred  doll.iis  nor  more  than  tive  huiuli-ed  dojl.iis  for  every  of- 
fense, one-hiilf  of  said  tine  to  go  to  the  informer.  In  addifion  to  the  al)ove 
I>enalty.  the  license  or  jirivilege  to  land  at  any  wharf  or  landing  within  the 
limits  of  the  city  may  be  revoked  l)y  the  ^layor  or  municipal  assembly  by 
])roper  ordinaiu-e.  for  any  violation  of  iln-  provi-sions  of  this  chapter  iu  rela- 
tion to  demanding  or  receiving  any  comiieiisation  in  excess  of  anuumts  here- 
in provided.  No  charge  shall  be  made  for  the  load  in  any  vehicle.  (JI.  ("., 
sec.   448.) 

Sec.  426.  Hates  to  be  posted,  Avliere.  —  L'i)(>n  every  tVrry  l)oat 
licensed  as  aforesaid,  there  shall  be  jiosted  U]i  in  at  least  two  conspicuous 
])laces,  ])rinted  copies  of  the  next  ju-eceding  section;  and  any  ferry  keeper 
failing  to  keep  the  same  ]io.ste<l  up  shall  be  deemed  guilty  of  a  misdemeamir, 
and  upon  conviction  thereor  be  fined  not  exceeding  twenty  dollars  for  each 
<l.iy  of  failure,      i  .M.  ('.,  .sec.   f4'.(.  I 

Sec.    427.      Wijjyins    Ferry  ('oinpaii.\ — t«'rins  of  lieense  to. — 

Fpoii  the  Wiggins  Ferry  ('omjiany  ciiiii|il\  ing  with  the  ]>rovisions  of  this 
article,  it  shall  be  entitled  to  a  license  lo  keep  ,i  ferry  within  the  city  lin\its 
during  the  pleasure  of  llii>  mniiici|)al  assembly,  ui»im  the  payment  of  twenty- 
live  hundred  dollars  e\-ery  six  months  in  advance,  on  the  first  days  of  March 
and  Septend)er  of  each  year,  and  to  have  ()ne  landing  ])lace  above  and  one 
below  Market  streel.  al  the  i)aved  wharf,  not  to  exceed  foi-  each  landing 
place  two  hundred  feet  in  length.     i.M.  < '..  sec.  4.")0.) 

Tlu-  AViKSiii-'*  Fi-ny  Co.  is  an  Illiiinis  loriior.'ition;  as  to  the  riglit  of  East 
5?t.  I^ouis  to  impose  a  license  tax.  aiul  tliat  siu'li  is  not  void  because  plying 
between  states  see  "Wiggins  Ferry  vs.  ICast  .St.  Ijouis.  107  V.  S.  365.  See  also 
in    general    Ij<"nns\-il!e   Ferry   Co.    vs.   Ki-ntucUy.    ISS   U.    S.    385. 

Sec.  428.  .^ladisoii  eouiity  ferry — how  fioverned. — Fjiou  the 
.Madison  County  Feri\  ('om]iany  coiiiplxing  with  the  jirovisions  of  tlii.s 
article,  it  shall  lie  eiiiitled  lo  a  license  lo  keep  a  ferry  within  the  city  limits 


AKT     VI ] 


OF    KKIIKIKS, 


GOl 


(liiriii;;  the  |il('nsnir  of  llio  immiciiml  ;isscmlil.\ ,  >i|i()ii  ilic  pa.vnu'nt  of  tliri'c 
liiiiKiifil  iImIImis  cvitv  six  mimtlis  in  :i<l\;iiiic  and  to  have  one  laiulinf^  plaiw 
mil  to  fxircil  iwii  liundri'il  IVci  in  Imctli.     (  M.  <"..  sec.   l."il.) 

S'-r.  ^■J'.^.  Uft'iist's  iiiultT  l\v<»  |n-t'<'t'(lin;;  st'ctions  — term  <»f 
ami  r«'iH'\vaI. — A  liiense  shall  In'  issued  to  cacli  of  said  ferry  companies 
in  the  |irerc(lini;  sei-tions  mentioned,  for  six  montlis,  to  eonimence  from  tin- 
date  of  the  expiration  nf  their  last  license.  I'pon  the  expiration  of  evci-_\ 
ferry  license  so  granted,  the  same  shall  lie  renewed  nnlil  otheiwise  ordered 
hv  the  mnnicipal  assenddy.  n|i<in  the  payment  of  liie  anmnnl  reipiired  \>\ 
(his  article,   wiliicnil   an.\    addilionai    pelilion.      i  M.  C.  sec.   iTt'2.\ 

Sec.  4;'.0.  |{i<;-|it  of  aiiM'iKliiKMit  or  repeal  n'serve*!.— This 
article  in  relation  to  ferries,  ami  ilie  rij;lits  and  pri\ilej;cs  hereliy  fjranled 
to  the  W'iji^ins  Ferry  ('oni)iany  and  the  .Madison  Connly  Feiry  ('omiiany. 
are  sniijecl    to  amendmeiil.   nioditical  inn   oi-  |-e|ieal.      iM.  ( '..  sec.  -i't'.i.) 

.S.c.  431.  SmiktMi  boat  or  Hoat  to  be  removed  from 
harbor. -In  case  an.\  ferr\  Imat  or  lloai  siid<s  in  the  harlmr.  it  shall  lie 
the  duty  of  the  owners  thereof,  at  their  own  expense,  to  foithwilh  remove 
the  same  from  the  harlior.  and  if  the  said  ownei's  fail  to  forlhwitli  remove 
said  b<iai  oi-  wreck,  it  shall  he  the  duly  of  tin-  harlior  ami  wharf  eoinmis- 
sioner  to  i-enui\e  ilie  same  at  the  expense  of  said  owners,  and  said  owners 
shall  he  lialile  on  their  liond  foi-  all  expenses  incnrred  in  such  removal  by 
the  harlmr  and   wliarf  ((imiuissioner.      i  .M.  < '..  sec.  •fri4. 1 

Sc<  .  4.i'>.     Illinois  and  St.   Louis   Railroad  and  Coal  ('«)mpaiiv 

— COlldKioii.s  of  li<H'nsi'  to.  I  jicm  ilic  llliimis  and  Si.  Louis  Kail 
road  and  ("oal  Company  eom]ilyins;  with  I  In-  provisions  of  this  article,  il 
shall  lie  entitled  to  a  licen.se  lo  keep  a  ferry  u  iiliin  the  city  limits  duriiii; 
the  pleasure  of  the  m\inicipal  assenddy.  njioii  I  lie  piixiiirni  nl'  three  hnmlrcd 
(hillais  evei-y  six  months  in  advance  and  to  have  one  lamlinu  jilace  al  or 
near  the  foot  of  .Midlierry  sti-eel.  md  to  exceecl  one  linndred  and  tifly  feel  in 
leiijrili.      I  M.  <  '■.  sec.  4r>."i. ) 

Sec.    VXi.       SI,    Claii-     I'crrv    Company     to    land    at     Sidn«'\ 

str«*«>t. — That  |ioi-iion  of  the  wharf  in  the  sonlliern  pari  of  ihe  city  lyin;: 
al  the  fool  of  Sidney  street,  commencing  al  a  poini  foiiy  feet  nortli  of  Ihe 
north  line  of  Sidney  sti'eet  and  exti'ndinj;  therefrom  sonlhwardly  one  hnn 
dred  and  tifly  feet,  shall  he  and  ihe  same  is  hereby  desi;;naied  as  the  ]dace 
of  landin*;  for  llie  ferry  of  the  St.  Clair  Ferry  and  Transfer  Company.  Imi 
tile  floats  against  which  said  ferry  company  shall  land  its  lioats  shall  not 
exc«HMl  one  hundred  and  tifly  feel  in  length.     iM.  C..  see.  4."li.  i 

Sec.  4;{4.  LitrM?»«'  ;irant»il  to  M.  (lair  I  rir.\  (ompan.\.— 
There  is  hereliy  ;;raiited  lo  said  Si.  Clair  Ferry  and  Transfer  Conijiany  a 
ferrv  privilefie.  and  said  ciim)iany  shall  lie  eiititleil  lo  a  license  to  keep  a 
ferry  within  the  city  limits,  and  al  the  jilace  of  landing:  desi-inaleil  in  the 
preceding'  section  diiriiif;  Ihe  pleasure  of  lli<>  municipal  assembly,  for  which 
privilep-  and  license  said  company  shall  pay  the  ciiy  ,se\enlytive  dollars 
every  six  months,  in  advance:  and  such  license  is  hereby  directed  lo  be  is- 
sneii  to  said  company,  and  to  l.e  ri-newcd  from  lime  to  linn',  i  .M.  C.,  s(?c. 
4.-7. ) 

Sec  J.?.').  Collrct  i«in><,  Imu  made — bonds,  whrre  filed— li- 
♦•ense-H,  how    i^^iied.  — .Ml    collections   reipiired    In     ihis   ailicle   shall    be 


Qg2  REVISED  CODE  OR  GENERAL  ORDINANCES.  ICHAP.    10. 

made  by  the  tollettor;  all  IkhkIs  re<|uire(l  to  be  executed  to  tlie  ritv  by  this 
ardcle  shall  be  tiled  with  the  register,  and  all  lieenses  herein  i-einiire(]  shall 
be  issued  in  blank  by  the  register  and  delivered  to  the  coiui)tr()ller.  who 
shall  countersign  the  same,  and  deliver  and  charge  the  same  to  the  harbor 
and  wharf  commissioner,  who  shall  make  out  said  bills  and  deliver  them  to 
the  collector,  taking  trii)licate  receipts  therefor,  one  of  which  he  shall  file 
with  the  auditor,  and  one  with  the  com})troller.     (  M.  ('.,  sec.  4.")S.  i 

Sec.  436.  License  to  Waterloo-Carontlelet  Turnpike  and  Fer- 
ry Company.  — Upon  the  Waterloo.  Carondelet  Turnjiike  and  Feri-y  Com- 
pany coni])lying  with  the  jirovisions  of  this  article,  it  shall  be  entitled  to  a 
license  to  keep  a  ferry  within  the  city  limits  during  the  ])leasure  of  the 
iiiunicijtal  assembly,  upon  the  ])ayment  of  one  hundred  dollars  every  six 
months,  in  advance,  and  to  have  one  lauding  ])lace  at  some  place  south  of 
Stein  street,  to  be  fixed  by  the  harbor  and  wiiarf  commissioner,  not  to  ex- 
ceed two  hundred  feet  in  length.     (JI.  (\,  sec.  451).) 

St.   I.ouis   vs.    Warprloo-Carondelet  T.  and    F.   Co.,   14  Mo.   App.    216. 


CHAPTER  11. 

HEALTH   DEPARTMENT.' 

ART.  I.  Of  Board  of  Health.  , 

II.  Of  Health   Commissioner  and   Assistants. 

III.  Of  City   Bacteriologist. 

IV.  Of  Cit.v    Cliemist. 

V.      Of  Inspection    of    milk    and    cream,    and    of    licensing   and    regulating    tlu- 
sale    thereof. 
VI.      Of  regulations    of    daries    and    cow-stables. 
VII.      Of  inspection    of   meat,    fish,    vegetables   and    fruit. 
VIII.      Of   poisons. 

IX.      Of  adulterated    article. 

X.      Of  regulations   concerning  the   cutting  of   ice. 
XI.      Of  regulations   of    vaults,    privies    and    water    closets. 
XII.      Of  nuisances. 
XIII.      Of  carcasses  of  dead  animals,   garbage   or  offal. 
XIV.      Of   vital     statistics, 

XV.      Of  regulations    concerning    the    practice    of    medivine,    surgery    or    mid- 
wifery. 
XVI.      Of  City    Hospital.    Female    Hospital,    Insane    Asylum    and   Dispensaries. 
XVII.      Of  Poor   House. 
XVIII.      Of  regulations    concerning    contagious,    infectious    and    pestilential    dis- 
eases. 
XIX       Of  quarantine. 
XX.     Of  mortuar.v  records. 
XXI.      Of  regulations   concerning    the    transportation    and    disinterment    of   dead 

bodies. 
XXII.      Of  cemeteries. 

XXIII.  Of  crematories. 

XXIV.  Of  bringing  insane  persons  and   paupers  into  city. 
XXV.      Of  salaries   of   officers   and    employes. 

AKTICLIO   1. 

OF    BO.\KL)    OF    HE.\LTH. 

Sec.  437.  Members  of . — The  board  of  health,  as  constituted  by  sec- 
tion two  of  article  twelve  of  the  charter,  shall  consist  of  the  Mayor,  who 
shall  be  its  jiresiding  officer,  the  pri'sidiiig  officer  of  the  council,  a  comniis 
sioner  of  police,  to  be  designated  by  the  Mayor,  two  regular  practicing  pliy 


•Charter,    .^rt.   XII.    treals  of   the   Health   department. 


ART     II  OK  BOARD  OK   HKALTH.  663 

sirians,  wlio  sliall  jiossoss  the  same  (]nalitirations  as  the  Ma.vor,  and  wlio 
shall  he  a]ii)<>intt'(l  hv  the  Ma.vor  ami  contii-ini'd  hy  a  majority  of  the  meiii- 
IxTs  (>r  the  ctnimil.  ant!  the  health  (•(iiniiiissioner,  who,  in  the  absence  of 
the  Mayor,  shall  he  the  piesidlnfj;  oltieer.     (  M.  C,  see.  4(J0.) 

MombiTS  of  tlip  tioiiiU  of  lu'iillli  an-  not  state  officers  within  the-  rnrnning 
of  the  constitution  relative  to  appeals:  State  ex  rel.  vs.  Board  of  Health, 
90  Mo.   169.     As  to  funetions  of  fSoard  of  Health  see  State  vs.  Butler.   178  Mo.  272, 

See,  43!S,  iMiM'tiiifis — <|ii4irii III— riikvs. — The  board  shall  meet  twiee 
in  eaeh  week  duiiii;;  the  year;  but  may  be  eouvened  in  special  session  at 
any  time  by  Ihc  .Mayor,  health  ciimmissioner,  or  by  any  two  members  of 
the  Ixiaril.  iipim  a  written  mitilicalion.  .served  twelve  hours  Ix'Tore  the  time 
of  said  nieetin;;.  Three  memliers  of  the  hoard  shall  constitute  a  ipiorum 
for  (he  transaction  of  business.  The  board  shall  have  jiower  to  adopl  rules 
and  reonlalioiis  for  its  tjoveriimeut.      (M.  <'.,  sec.   Kil.) 

See   Charter.    .\rt.    XII.   sec.    2.    making   same   provisions. 

Sei'.  4,'J!).     Pro.sidiMit  protein.  —  In  case  ol    ilie  absence  of  both   the 
presidiiii:  oflicers  of  ilie  board,  as  established  by  the  charter,  from  any  reo;ii- 
lar  or  special  meetiiio;.  the  other  members  are  hereby  emjiowered  and  author 
ized  to  orj;anize  the  board  and  conduct  their  business  by  electing  a  jiresid 
iiij;  oftiier  pro  tem|ore.     I  M.  ("..  sec.  4(>2.) 

Sec.  440.  T«'rnis  and  salaries, — The  members  of  the  board  of  health 
sliall  hidd  their  oftice  for  the  term  of  four  years  and  until  their  successors 
are  duly  elected  or  appointed  and  ipialilied.  They  shall,  except  the  Mayor, 
health  commissioner,  iiresideiit  of  the  coumil  and  police  conimissioner.  re 
ceive  a  salary  of  rtve  hmidred  dolhirs  each  per  annum,  pavable  moiithU. 
(M.  (_'..  sec.  4()3.) 

Sc.-.  441.     Rooks  and  records  to   be   kept The  board  of  health 

shall  cause  to  be  kept  in  suitable  books  a  full  and  correct  record  of  its  |iro 
ceedin^s  and  acts.  They  shall  also  cause  to  be  ke|it  a  full  and  correct  ac 
count  of  all  exjieiises  incurred  by  their  authoiaty.  specifyinj^  the  amounts, 
why  and  when,  and  liow  incurred,  for  what  purpose  applied,  and  also  a  cor 
rect  account  of  moneys  rec(>ived  by  them  from  whatever  source.  They  shall 
also  cause  to  lie  kept  a  hook  for  the  rejiistration  of  all  jihysicians  who  have 
com|>!ied  with  all  ordinances  j;overnin;,'  physicians,  ami  shall  fui'iiish  a  copy 
of  the  same  to  anv  dru^jf^ist  or  ajiothecarv  a|>id\in};  therefor.  i.M.  ('..  sec. 
4(;4.i 

See  Charter.    Art.    XII.   .sec.    14. 

Sec.  442.  .Veeoiints  of  — approval  and  auditing;. — B.fore  any 
money  is  paiil  out  the  accuuiits  tliereloi-  sImII  be  e.vaiiiiiicd  and  ajijiroved  by 
a  majority  of  the  board,  and  siirne(l  and  approved  by  the  president  or  health 
commissioner  and  atlesied  by  the  clerk,  and  such  accounts,  if  so  certilied, 
shall  be  audited  by  the  auditor  in  the  same  way  other  accounts  are  audited, 
and  he  sliall  draw  his  warrants  on  the  treasurer  for  such  amounts,  accord 
in<r  to  law.     (  M.  ('..  sec.  ^{\'->. 

Sec.  44;{.  I'lircliMsc  of  art  i<-I('N  r«'«|iiire(l.  — All  articles  of  every 
kind  and  description  that  may  be  reipiired  in  any  and  all  of  the  institutions 
Jind  d<'parlinents  uinler  the  chary:e  of  the  board  of  health  shall  be  jiur- 
I'hased.  as  may  lie  jmividefl  for  by  the  charter  and  ordinances.  iM.  C, 
sec.  4f>t;.  I 


(164  REVISED  CODE  OR  GENERAL  ORDIXANCEI.S  [CHAP.    11. 

Sec.  444.  Clerk — appointiiieitt  of . — The  ht^alth  commissioner  shall 
iij)j)oiiit  some  fit  and  coinjietent  jterson,  who  shall  jiossess  the  qualifications 
as  prescribed  bv  section  ten.  article  four  of  the  charter,  as  clerlv  of  the 
health  connnissioner.  and  such  aiiiiointment  shall  he  subject  to  ftie  approval 
of  the  board  of  health.  The  clerk  of  the  health  commissioner  shall  act  as 
the  clerk  of  the  board  of  health.     OI.  C,  sec.  407.) 

See    Charter.    Art.    XII.    sec.    14. 

Sec.  445.  Salary  aiul  lH»n«l  of  clerk, — Said  chn-k  shall  receive 
a  salary  of  eighteen  hundred  dollars  a  year.  j)ayable  monthly,  and  shall,  be- 
fore entering;  upon  the  duties  of  his  office,  give  a  good  and  sufficient  bond 
in  the  sum  of  five  thousand  dollars,  conditioned  as  the  bond  of  other  city 
officers,  and  be  apju-oved  by  the  mayor  and  council.      i,M.  C,  sec.  4GS.) 

Sec.  44C.  Duties  of  clerk.— It  shall  be  the  duty  of  the  clerk  to  at- 
tend at  the  office  of  the  board  of  health  and  the  health  commissioner,  attend 
all  meetings  of  the  board,  record  its  pi'oceedings  in  suitable  books,  issue  its 
orders,  sign  all  notices  and  attest  all  copies  of  papers  and  jiroceedings,  and 
to  do  and  perform  all  such  duties  as  may  be  required  of  him  by  the  board 
of  health  and  the  health  commissioner.  He  shall  also  keep  a  record  of  all 
acts  and  orders  of  the  health  commissioner,  shall  file  all  jietitions,  docu- 
ments and  pa]>ers  belonging  to  the  office  of  health  commissioner  and  board 
of  health,  and  shall  keep  a  correct  account  in  full  of  all  receipts  and  ex- 
jienditures  in  said  offices,  and  a  strict  account  of  all  moneys  and  effects  that 
may  come  into  his  possession,  and  he  shall  devote  his  time  lo  the  duties  of 
his  office.     (  M.  C.  sec.  4()!>.) 

See.    447.       Powers   of   board   in    reference   fo   asylums   for 

blind,  deaf,  etc. — The  board  of  health  of  the  City  of  Sr.  Louis  is  here 
by  authorized  and  emiK)wered  fo  do  ail  acts  and  jierform  all  functions  which 
have  heretofore  been  done  and  iierfortned  by  the  county  court  of  the  county 
of  St.  Louis  prior  to  the  adojition  of  the  scheme  for  the  separation  and  reor- 
ganization of  the  government  of  the  City  and  County  of  St.  Louis,  and  the 
adjustment  of  their  relations  in  reference  to  the  admission  of  deaf  and 
dumb  jiersons  to  the  Missouri  Institution  for  the  Education  of  the  Deaf  and 
iMimb.  and  the  admission  of  lilind  persons  to  the  Missouri  lHstitufi<m  for 
ihe  lOducation  of  the  P.lind.     (M.  ("..  sec.  470. 1 

Sec.  448.  Powers  as  to  existinj^-  laws  and  future  laws 
jfoverninf;'  such  institutions. — The  board  of  health  is  hereby  authorized 
and  emjxiwered  to  execute  and  carry  out  all  existing  laws,  and  such  laws  as 
may  liereafter  be  jiassed  by  the  general  as.sembly  of  the  State  of  Missouri 
which  confer  any  power  or  reipiire  the  jierforniance  of  any  duty  by  county 
(•(Uirts  in  reference  to  the  admission  of  deaf  and  chimb  and  blind  persons  to 
the  institutions  provided  by  the  slate  fcir  their  education.     (  M.  C.,  sec.  47LI 

Sec.  449.  Authority  to  reopen  certain  wells — Authority  is 
hereby  given  to  the  board  of  health  to  grant  a  ]>ermit  to  reopen  any  well 
which  was  clo.'^ed  jiursuant  to  ordinance  thirteen  thousand  two  hundred 
and  seventy-two.  on  such  tei-ms  and  <(uulitions  and  under  such  regulations 
and  restrictions  as  they  shall  deem  esjiedienf.  such  jierniit  to  be  revocable 
at  any  time,  and  without  notice,  and  on  such  revocation  the  well  embraced 
in  the  same  to  be  closed  by  and  at  the  cost  of  the  ])erson  fo  whom  the  permit 
is  granted;  provided,  however,  that  nothing  herein  contained  shall  be  con- 
strued as  making  obligaforv  on  the  board  of  health  to  grant  the  above  ]ier 


VUr     II  1  OF   IIKAI.TII    COMMISSIONKH.  CGT) 

iiii(  ill  ;iiiv  ciiM',  :iiiil  Ilio  iij;lii  to  rejecr  and  rpfnso  ;ii)]ili(atiiiiis  I'nr  iicrmiis 
in  an\  and  all  I'asi's  is  n'Sfrxfil  id  ilic  limird  cil"  liisiliii.     i  M.  ("..  sec.  ITJ.i 

S.'c  H.  C.  S01-.  61  s. 

Onl.  13272  was  repealed  by  ord.  13352.  approved  July  23.  18S5,  and  what  l.s 
now  see.  GIS.  enai'ted  In  lieu  thereof,  which  Ls  ii  re-enmtment  of  the  ordinance 
repealed  by  sec.  13272.  See  as  to  the  authority  of  the  rlty  to  abolish  wells; 
Ki-rrenbach   vs.  Turner.   86  Mo.   416    (holding  ord,    13272   viilhl). 

.MMMCI.K    II. 

Ol'    IIK.M.TH    riP.MMlSSlONHU    AND    ASSISTANT. 

See.  -150.  Diitios  iiiul  |>«»vor.s  of  ('oitinii.ssionor. — Tlic  lualtli  <<iiii- 
inissidiuM'  sliall  liiivc  jjciifial  sii|iit\  i.sidii  ii\(i'  I  he  |iiililic  iicallli  of  liif  cilv. 
anil  SCI'  lliat  its  i-t'<;iilati()iis  and  tlu'  laws  and  (irdiiiaiici's  id'  said  city  in  ii'- 
latioii  iliiTi'lo  arc  enforced  and  idi.scrvcd.  and  lor  iliai  iiiirposc  is  anlliorizcd 
and  cm  powered  lo  make  such  rules  and  rejjnlalions.  w  iili  ilic  ai>]iroval  ot  ilie 
lioai'd  of  health,  not  inconsistent  with  the  chaiMci-  or  any  city  ordinance  m 
law  of  the  state,  as  will  tend  lo  iireserve  and  ]proiiioli'  ilic  health  of  ihe 
city,  and  to  a]i]ioini  such  eni|doyes.  with  the  approval  id'  the  hoard  of  healili. 
as  iiiin  he  lu'cessary  for  the  execution  of  his  orders;  to  eiiier  into  or  antlmr 
ize  any  employe  or  |)(dice  ofticer  to  enter  into  and  exMiiiiiie.  in  the  day  time, 
all  liuildiii;;s,  lots,  and  places  of  every  descri](lioii  within  the  city,  and  to 
ascertain  and  leiiort  to  him  the  condition  thereof,  so  far  as  the  public  health 
may  he  alVected  hy  it;  to  declare  and  abate  nuisances  in  such  manner  as  m;iy 
he  pro\  ided  by  the  charter,  or  by  the  ordinances  of  the  lily:  Imi  all  such 
condemnation  must  tirsi  be  a|iprovi'd  by  the  board  of  hiMlIh.  whose  aciion 
ihereon  shall  be  tiiial  :  and  shall  provide  for  the  rejiislnii  ion  of  all  birilis 
:inil  deaths  within  the  city;  shall  have  chiirfie  of  mII  city  hospitals.  i|n;ii;in 
tine,  insane  asylum.  mori;ne  and  city  disiieiisary.  and  with  the  advice  :iiid 
counsel  of  the  hoard  of  ImmIiIi  make  all  the  necessary  rules  lor  the  oovern- 
inent  thereof,  lie  shall  obey  all  orders  not  inconsistent  with  the  chnrlei' 
and  city  ordinances  emanating  from  the  board  of  health,  and  shall  annnally 
report  lo  ihe  .Mayor  the  jieneral  o|ierat  ions  of  his  ile|iartment  diirinj,'  the 
year  then  ended,  with  such  su}i<;estions  for  the  imiirovement  of  the  same  as 
he  shall  consider  expedient.     (JI.  <".,  sec.  -iJH.) 

This  .lection  l.s  largely  a  reiteration  of  the  provisions  In  the  Charter.  Art.  XII. 
.sei-.  3.  which  see.  (See  also  Session  Acts  1901.  p.  207.  sec  S.  Imposing  on  the 
Health  C'omml.ssloner  In  St.  Louis  the  duties  elsewhere  cast  on  the  county  clerk 
respcctlnR  the  practice  of  medicine  and  surgery:  "Ijiws  Specially  Applicable  to 
St.   l-ouls."  s.c    3»i;  ) 

Scc.4.'il.  Salar>iin«l  1)011(1.  'I'lic  health  rumniissinner  shall  receive 
a  salary  of  three  thuiisaiid  dullais  a  year,  payable  monthly,  and  shall,  he 
fore  enierin;:  iipnii  the  duties  of  his  office.  j;ive  a  };iioil  and  suflicieiit  buiid 
in  the  sum  i>f  ten  thousand  dollars,  conditioned  as  the  bonds  of  ntlicr  city 
iiflicers.  and  to  I"-  iipiiruN  id  b\    the  MaMir.      i.M.  »'.,  sec   ITl.i 

Sec.  45_'.     <  oiiiiiiissi«)iH'r(<)  keep  r(>(*«>r(i.s  and  ai-roiiiits. — The 

health  commissioner  shall  kee]i  a  recortl  of  all  his  acts  and  orders,  and 
shall  tile  all  petitions,  documents  and  jiapers  IM-Ion^inj;  to  his  oflice.  and 
shall  keep  a  correct  account  in  full  of  all  receipts  .'ind  exiienditures.  and 
shall  make  rules  and  re-iulations  fi>r  the  };i)Vernment  of  his  subordinates. 
Ciipies  i>f  such  lei  iirds.  ihiciiments.  rules  and  re;;iilal  ions,  when  authenti- 
cated by  his  clerk,  shall  be  presumptive  e\idence  befnre  any  court  of  justice 
of  tlii>  facts  therein  contained;  provided,  such  rules  and  re^julations  are  imt 
inconsistent  with  the  charter  or  nrdinances  of  the  city,      i  .M.  (\.  sec.   iT.'i.i 

This   Is  the   same   provision   as   Charter,    Art     XII,   sec.    9. 


am 


REVISED  CODE  OR  GENERAL  ORDINANCES  [CHAP.    11. 


See.  453.     Office  of  assistant  liealth  coinniissioner  created. 

— There  is  hereby  created  the  office  of  assistant  health  commissioner.    (Ord. 
20073,  sec.  1.) 

Sec.  454.  Appointment  and  tenure. — The  assistant  health  commis- 
sioner shall  be  ajipointcd  by  the  health  commissioner,  by  and  with  the  ap- 
jtroval  of  the  board  of  health,  and  may  be  removed  by  the  health  commis- 
sioner at  his  pleasure,     ilh..  sec.  2.) 

Sec.  45.5.  Salary  and  bond. — The  assistant  health  commissioner  shall 
receive  a  salary  of  twenty-one  hundred  dollai's  per  annum,  payable  monthly, 
and  shall,  before  entering  ujion  the  duties  of  his  office,  jiive  a  good  and  suf- 
ttcicnl  bond  in  the  sum  of  five  thousand  dollai's.  conditioned  for  the  faithful 
performance  of  the  duties  of  Iiis  office,  \\liicli  bond  shall  l)e  ajjproved  by  the 
mayor  and  council.      (/&.,  sec.  :i.) 

Sec.  456.  Powers  and  dnties. — The  assistant  health  commissioner 
shall  act  as  the  chief  sanitary  officer  of  the  sanitary  division.  He  shall  have 
cliarj;(>  of  the  sanitary  division,  and  shall  ]ierform  all  such  duties  as  the 
health  commissioner  may  direct.  In  case  of  the  absence  or  sickness  of  the 
iiealth  commissioner,  or  when  directed  by  the  health  commissioner,  he  shall 
perform  all  the  duties  of  the  health  commissioner,  and  shall  have  authority 
to  exercise  the  same  power  and  perform  the  same  duties,  as  given  and  pre- 
sci-ibed  by  the  cliarter  and  ordinance  for  the  health  commissioner,  and  said 
assistant  health  conunissioner,  when  ])erforming  the  duti(>s  and  exercising 
the  jiowor«  of  the  heallh  commissioner,  shall  designate  himself  as  "Acting 
liealth  commissioner."     ilh.,  sec.  4.) 

Sec.  457.  Additional  help  —  salaries  — The  health  commissioner 
is  hereby  authori.'ed  to  ajipoint  for  tlie  use  of  his  office,  one  stenograjjlier, 
at  a  salary  of  seveKty-five  dollars  per  month  ;  one  assistant  in  the  office  of 
th(>  mortuary  records,  at  a  salary  of  seventy-five  dollars  per  month,  and  one 
assistant  bookkeeper  in  the  office  of  the  health  commissioner  at  seventy-five 
dollars  per  month.     ( ( )rd.  2i;i2t».  sec.  1.) 

A.s    to    compensation    of    employes    in    tlie    Healtli    Department    in    general    see 
sec.    872.  __^     , 

Sec.  458.  Same  —  ho'w  paiil — All  persons  mentioned  in  the  preced- 
ing section  shall  be  carried  on  il'c  jiay-roll  of  the  board  of  health  and  health 
commissioner,  and  shall  be  \y,ud  out  of  the  fund  ajijirojiriated  for  the  sala- 
ries of  the  board  of  health  and  health  commissioner's  office.     (/&..  sec.  2.) 

Sec.   459.     Same— appointments  to  be  approved  by  board.— 

The  appointments  made  by  the  liealth  commissioner,  in  pursuance  of  the 
authority  given  in  section  457.  shall  be  a]i])roved  by  the  board  of  health. 
[Ih..  sec".  .S.) 

Sec.  460.  <Jualilicati<m  of  appointees — All  employes  appointed  by 
the  health  commissioner,  except  those  selected  from  the  St.  T>ouis  Training 
School  for  Nui-ses  or  ai>pointed  under  section  72S.  shall  be  citizens  of  the 
T'nited  States,  and  residents  of  the  City  of  St.  Louis  for  at  least  two  years 
ju'ior  to  their  aiipointmenl.      (^I.  f\.  sec.  476,1 

Sec.  461.  Clerk  for  sanitary  division— effect  of  appoint- 
nn'ni  of— salary.  -The  heallb  cdmiiiissinner  of  the  City  of  St.  Louis  is 
heivbv  aiilhorizeil  to  aiiiioint.  with   the  approval   of  (lie  board  of  health,  a 


AKT     III  I  Of   CITY    BACTKRIOLOGIST.  667 

clt-rk  I'lM-  (lie  saiiilJirv  dixisinii  ol  Ilit-  licjillli  tlcjiailiiicnl.  «  Im  slinll  lie  cii- 
lillfil  cliiff  saiiilai-v  rliM-k.  ;mil  who  sliiill  In-  piiid  :i  salnr.v  of  mir  Immlicil 
dollars  per  moiitli ;  tin-  same  lo  ht'  paid  oiil  oT  llu"  apjiroprial  ions  i\«r  sala 
rios  of  saiiitarv  ofticers,  inspcclors  and  I'linii'ialors;  jirovidcd.  Iiowcvit.  Iliat. 
tlit'ii'  sliall  lio  IK)  increase  in  liie  nnndici-  ol'  tin-  lone  now  cniploycd  in  llic 
sanitarv  division  ol"  tin-  health  depaiiinenl.  and  tliat  the  person  appointed 
nnder  the  provisions  of  this  si-ction  shall  take  the  iiiace  of  the  sanilaiT 
ol'lirer  now  <h'tailed  foi-  elerical  work  in  Ihe  ol'liie  <d'  the  chiel'  sanitary 
ol'lii-er.      I  M.  ( '..  sec.  177.1 

Sec.    462.       Kmpl<»v«>s     ol"     ImmKIi  th'pi""' '"«'"<      '"i'.v     1m'     r«'- 

4|llil'0(i  t<>  work  OM'rtillH' — wlU'Il.-  W  lieneNcr.  (luiill.u  Ihe  p|-evalell<-e 
of  conIa;;ions  diseases  in  Ihe  City  of  Si.  I.onis.  ihe  lieallli  coiiiniissioner 
nia\  deem  it  necessafy  that  honses  and  liiiildiiii;s  shall  lie  disinfected  on 
Sundays  or  holidays,  or  dnrin;;  the  iii,i;iii.  or  al  oilier  horns  tlnrin^  which 
his  re;;iilar  employes  or  assistants  are  not  rcMpiired  hy  charier  or  oi-dinance 
lo  work,  and  in  his  ojiinion  an  emerjjency  exists  which  makes  it  n<'cessary 
that  such  work  (d'  disinfection  slioidd  proceed  on  snch  Sniuhrys.  holidays 
or  at  nifiht.  or  dnrin*;  lionrs  when  his  refjniar  employes  are  not  recpiired  or 
expected  lo  Work,  as  aftiresaid.  then  in  such  event  said  healih  commissioner 
is  anihori/.ed  and  emiiowered  to  einjdoy  his  re^nlar  assistants  and  help  to 
do  the  said  work  of  disiiifection  dnriiif;  said  Sundays,  holidays,  ni.uhls  or 
extra  time,  and  to  (irovide  for  flieir  paymeiil  for  all  overtime  al  the  same 
rate  |ier  month  at  which  I  hey  are  employed  for  rei;ular  time,  instead  of 
employing  aiiditional  men  iioi  familiar  wilh  snch  woik.  i  ( )rd.  IHlMl.sec.  l.l 

Sec.  4G3.  Cert iJi(Mlf  of  extra  work.  \\  lien  icriifyinj;  n.  sucii 
extra  work  on  tlie  pa.\  rolls  it  shall  he  ilic  iluly  of  llie  liealili  commissioner 
to  state  that  an  emerfrency  existed  whiili  made  ii  iiccessaiy  ihal  snch  dis- 
infection he  done  oil  Siimhiys.  holi(hiys,  at  iii;;lil  or  iliirin^'  re^nilar  |irref;\i- 
lar|  hours,  and  ihat  the  work  was  (hme  on  snch  cxiia  days  or  during  such 
extra  time.     I  lb.,  sec.  ll.  i 

Sec.  It)!.      l'a,\  nK'iitx  <)!' t'xtra  «ork.      .Ml  pavmeiiis  foi'  smli  cxira 
work  diirini;  times  of  enierjiency  shall   lie  jiaid  out   of  the  funds  a|iprii|>ri 
ated  for  the  payment  of  sanitary  officers,   insjiectors  and   fumi};atoi-s.  and 
the  auditoi-  is  aiithorized  and  directed    to  diaw   his   warrant   a«;ainsf  such 
fund  foi-  all  of  such  extra  services,     i  Ih..  sec.  '.\.) 


.MJTICl.i;   III. 
oi'"  cnv   u.\i' rKKiiM.'M'.isT.* 

Sec.  4(>.T.     City  l»a<*t<'riol«»j;is(  <'n'al<'(I  —  (<'iuir«' —  salary  —  rv- 

liHtval. — There  is  iieriKy  er.  ;it'  d  liieuniec  of  ejiy  li.ieifrioliiejsi  lo  \»-  appointed 
hy  the  mayor,  subject  to  the  approval  of  the  hoard  of  health  and  contirnia 
tion  by  the  Council.  Said  city  bacteriolo^iist  shall  ludd  his  oftice  for  a  term 
of  four  years;  provi<ied.  however,  that  the  lirst  a|ipoinlee  shall  hold  his 
oftice  ituly  until  the  lirst  'I'liesday  of  .\pril  nineteen  hundred  and  three,  and 
until  his  successor  shall  lia\e  been  appointed  and  ipialitied:  and  said  city 
bacteri«doj{i»t    HJiall    nneive  a   sjilary   of   twenty-four   liuutlred   ibdlars   jier 


•Ordinance  22D6I.  npprovvil  Oct.  2,  1906  (loo  Into  to  appi-nr  In  ttu>  Rovlscd 
Codi-.  t>ul  sot  out  In  appendix  liprcto)  provldfs  for  the  ciitnlUlMlimcnt  niid  o>|iilp- 
mont  of  the  "Snndnraxs   Ijilioriilor.v  of   PntlioloK.v  and   BiKliTiiiletcy.'" 


ggy  ItKN'I.SKD  C(JI>I-:  (iK  liKXERAL  Oni  UN  AN('i:s.  [CHAP.  11. 

vcar.  |ia.\  alilc  in  ciimil  nmiiililv  iii.^ialliiKMits  at  tlic  end  (iC  caili  niontli.  He 
shall  lie  .siilijcci  t(i  n-iiKixal  li\  I  In-  .Mayor,  for  cause,  as  otiier  city  ofticei's. 
(Old.  L'fl(i4(l.  sec.   1.) 

Sec.  46(j  Ottic*'  at  city  ]i()s|)ital — Avhoh'  tini«»  to  (liitics — 
<lnti<'s— (jiialilH'atioiis — Said  city  liadcriolo^isi  shall  iiiaiiiiaiii  his  lali- 
oi-at(>i-.\  and  carry  on  liis  work  at  rlie  city  hospital,  and  sliall  also  be  path- 
olojiisi  lo  the  city  hospital  and  director  of  the  hosj)ital  medical  and  patho- 
h)fjiical  lalioi-atoi-y,  giviug  liis  full  time  to  the  performance  of  baeteriologieal 
and  patholojiical  woi-k.  for  Tiie  City  of  St.  Louis,  and  such  work  as  may  lie 
retjuired  of  him  by  the  health  commissioner  umier  the  rules  relatinjj  to  his 
de]iaitHicnt.  to  be  ]ii-omulfiated  by  said  health  commissioner  with  the  ad- 
vice and  a]i]iro\al  of  the  board  of  health.  Said  bacieriolouist  shall  have 
been  a  resident  of  the  <'ity  of  St.  Louis  at  least  two  years  ne.xt  preceding 
his  ajiiioiiilment.     {Ih..  sec.  J.  i 

-\s    tn    iliiti-  s    witli    rff<ri-iiir    to   inspection    of   niiU\    ;ni<i    rn-ani    see    sec.    4S'i. 

Si'c.  4(i7.  .Vs.si.stailts —  duties. — The  city  liacieriologist,  by  and 
with  the  ajiproval  of  the  board  of  liealtli.  is  hereby  authorized  to  appoint 
two  assistants  to  assist  him  in  the  woi-k  of  his  office.  Said  assistants  shall 
perfoi-in  Iheir  duties  undei-  I  lie  direction  of  the  city  bacteriologist.  |()rd. 
L'UTC.  sec.    1.1 

Sec.  4(>8.  Cjiialification.s  «>f  as.sistaiits. — One  of  said  assistants  shall 
be  trained  in  bacteriology  both  theoretically  and  }iractically.  and  shall  ]>os- 
sess  a  general  knowledge  of  pathology.  The  other  assistant  shall  be  traiiUMl 
in  jiathology  both  theoretically  and  jiractically  and  shall  possess  a  general 
knowledge  of  bacteriologx .      i /6..  sec.  L'. ) 

Sec.  4(>9.  Salaries  of  same — removal. — Said  assistants  shall  each 
receive  a  salary  of  one  liundrei]  and  fifty  dollars  jier  month,  and  they  shall 
be  subject  to  removal  by  the  <ity  bacteriologist  by  and  with  the  a]>pro\al 
of  the  board  of  health  foi-  neglect  of  duty  oi'  misconduct,      i  Ih..  sec.  :!.  | 

Sec.  470.  Termsorassistants.  -The  appointment  of  the  assistants 
in  the  oftice  of  the  city  bactei-iologist  shall  expire  with  the  expiration  of  tiie 
term  of  the  city  bacteriologist  making  the  a]i]iointnient.      tlh..  sec.  4.) 

Sec.  47L  .Xssistants  to  nive  whole  time  to  duties— by  what 
ruh's  {jfoverm'd. — Said  nssistants  shall  give  tlieir  full  tinje  in  the  pert'orm- 
auce  of  bacteriological  and  pathological  work  for  the  ("it\  of  St.  Ijouis.  as 
may  I)*-  directed  by  the  city  bacteriologist,  and  shall  m)t  jierfoiin  any  work 
for  any  |iri\ate  parlies  during  the  oftice  hours  as  |iresi-ribed  l)y  the  chartei- 
and  city  ordinances,  or  in  the  building  or  rooms  assigned  to  the  city  bac 
teriologisl.  Said  assistants  shall  be  goveriKMl  by  the  rules  |iromulgated  by 
the  health  commissicuier.  by  and  with  the  a]i]pro\al  of  Mie  board  of  health, 
regulating  the  oftice  of  city  bacteriologist.      (//;..  sec.  ."i.  i 

Sec.  472.  Clerk  and  Jauitor.  Thi'  health  commissioner  is  hereby 
authori/.eil  lo  a|i|ioint.  by  and  with  the  apjuoNal  of  the  board  of  health,  a 
clerk  and  a  janitor  in  the  oftice  of  the  city  bai-teriolooisi.  i  ( )rd.  L'ltHiit. 
sec.   1 .  I 

,Sec.  47'?.      ('om|»eiisati<ni— duty  of  .janitor 11 hik  shall  re- 

cei\('  CI  mi  pen  sat  ion  .at   the  rate  of  seventy  tixc  dollars  per  moiil  h  ;  the  janitor 


ART.  IV.  1  OK  I'lTY   rilK.MIST  (JC9 

sli;ill  rt'icivc  :i  smUiiv  nf  sixty  iliilljiis  per  inoiilli.  ainl  In  ailililioii  Id  his 
limit's  as  janitor.  In-  shall  pfrrurni  such  nthci-  (iulics  as  nia\  lie  incsciiln'il 
ti\    till'  city   lia(lriiiil();;ist.      i //)..  sec.  L'.  i 

Sec.  474.  .Stl.s|M'ii.si«m,  »'(<■.  The  rIciU  and  Janiliu-  ina\  lir  sns|i('n(lc(l 
l>\  the  I'ity  liacd'riolojiisi  I'of  uffjlcct  ol  ilni\  or  violation  ol  the  riih-s.  ami 
when  tlif  fil.v  hnrtcriolofiist  shall  siis|icn(l  ciilifr  of  said  parties  he  shall 
ii'|iort  at  Diiee  the  I'aets  in  the  ease  lo  the  health  ((nMinissioner.  who  may 
lake  siieh  aitioii  as  he  nia\   deem  pri>iier.      i ///..  sec.  ;'..  i 

Sec.  47."!.  Salai'itvs — liou  i»ai<l. — Tlic  salaries  of  the  persons  provided 
for  ill  till'  preceding  three  sections  are  to  be  paid  out  of  fniids  a]iproiiriatcd  for 
•■salaries   in  the  oflice  of  the  cily  liaclerioloj;ist."     i //)..  sec.    I.i 

[Sec.  47.")a.     Two  laboratory  assistants — coniiu'iisatioii,  «•(<*.'] 

■.vrtiT  til.'  siilimlHston  of  tin-  UfvLsinl  Cnilc  to  till-  Miiniclpat  .Assemlily  ( lu-iirc 
too  late  lo  uppciir  tliiTeln)  ordinance  :;::S10.  approv.'il  I'Vb.  18.  1907.  was  L-nacli-d. 
crt'atln^  two  lal>oralor.v  assistants.  .  .-Mti-ntlon  Is  dlrei-ted  to  the  ordinance 
by  the  above  hendlnf;  In  brackets;  as  It  Is  not  a  part  of  tlie  Itevlsed  Code  us 
enacted.    It    Is   set   out    In    this    note: 

An  ordinano-  autliorizInK  Hie  appointment  of  two  lalioratory  assistants  In  tlie 
office  of  the  CIt.v  BacterlolOKlst. 

Be  it  ordain.d   by   the  Mtinieipal  Ass.nildy  of  the  City  of  St.   I.oiils.  as   follows: 

Seetlon  One.  The  Health  t'ominlssioner  is  liereby  authorized  to  aiipojnt  by 
and  with  the  approval  of  the  Board  of  Health,  two  laboratory  assistants  in  tlie 
office   of   the   City    Hacterlologlst. 

Section  Two.  The  eomp«*nsation  of  tlu-se  laborat4>i".\'  assistants  sluill  be  at 
the  rate  of  l-^ifty  1  dollars  p<'r  month,  their  tluties  shall  Ik-  preserilied  b\'  tlie  City 
OacterioloKlst. 

Section  Tliree.  Thesp  laboratory  a.sslstants  ma.v  be  suspended  by  tlie  CIt.v 
Bacteriologist  for  neglect  of  duty  or  violation  of  the  rules,  and  when  the  City 
Bacteriologist  shall  suspend  either  of  said  parties  lie  sliall  re|>ort  at  once  tlie 
facts  to  the  Health  Conunissloner.  who  niay  take  such  action  as  he  may  deem 
proper. 

Section  Four.  The  salaries  of  the  persons  provided  for  in  this  ordinance 
are  to  be  paid  t»ut  of  the  funils  appropriated  for  "Salaries  in  tlo*  oftU-e  of  the 
City    BacterlolOKlst." 

Approved    I-'ebrnurv    IS.    1907. 

.VKTIt  i.i;  |\  . 

(  •!■  TIIIO  CITY   CIMOMIST 

Sec.  476.      .\p|Htint  inciit  of  aiul  trrin There  is  herchy  cri'ated  tlie 

office  of  city  cliemi.vi.  who  shall  l.e  appoinicd  hy  the  Mayor,  with  the  ap- 
proval of  the  board  of  health,  and  snlijeci  to  conlirmalion  by  Ihe  council, 
and  shall  pei-rorin  his  duties  under  the  super\  ision  and  control  of  the  lioaril 
i>f  lieallli.  Ih>  sliiill  hold  office  for  the  leriii  of  four  years,  and  until  his 
successor  is  dulv  appoiiitetl  and  <|iialified.     i  .M.  ('..  see.  47S.  i 

The  charier  pn  visions  plarInK  the  appointive  power  In  the  Mayor,  subject 
to  approval  l.y  Hn  roun<'ll.  will  not  render  vidd  the  ordinance  because  It  ri>"|ulre» 
In  addition  that  the  appointment  be  with  the  approval  of  the  board  of  health. 
If  the  latter  provl»U>n  Is  contrary  to  the  Charter  It  Is  to  that  extent  only  void, 
but  does  not  for  that  reoson  disqualify  the  person  appointed:  St.  Ijonis  vs. 
LlesslnK.    I!>l>  Mo.    ICfi.   490. 


(;70  KEVI.SED  COIJK  Oi;  GENP:RAL  ordinances.  (CHAP.  11. 

Sec.  477.  Salary  an«l  lunid. — The  salary  of  the  ciiv  clu'iiiisst  ishall 
he  al  ilic  latc  of  i\veiit.v-ti\('  Imiidii'd  (loilais  per  aiiiiinn,  pa\alile  in  equal 
MKiiillily  iiistalliiH'iits.  lie  sliall  <ii\i'  a  jiood  ami  siifticiciit  bond  to  the  Citj' 
of  St.  Louis  in  Ihc  sum  of  ten  lliousand  dollars,  lo  lie  a])])roved  by  the 
Mayor  and  council,  conditioned  n|ion  llie  raillil'ul  iierloi-niance  of  his  duties. 
|.m'.  ("..  sec.  4T!I.  I 

Sec.  47M.  (Qualifications. — The  city  chemist  shall  be  a  in-rsoii  skilled 
in  Ihe  science  ot  analytical  chemistry  ami  be  a  ]n-aciical  chemisl.  i  M.  ( '., 
sec.  48(1.1 

.Se<'.  47!).  Analyses  and  tests — records  of —  duties— rules  of 
office. — The  city  chemisl  shall  malu»  ail  tests  and  analyses  ot  water,  ami  of 
any  and  all  materials,  medicines,  food  and  food  products,  when  ordered  so 
lo  do  by  Ihe  board  of  health,  or  that  he  may  be  recpiired  to  do  l)y  any  rule 
l>rescribeil  by  the  board  of  heallh  for  the  •government  of  his  ofllce.  He  shall 
kee](  a  reiord  of  every  analysis  or  test  that  may  be  made  in  his  office.  He 
sliall  make  a  weekly  re])ort  to  the  board  of  health  of  the  trausaclions  of  his 
office,  with  such  inl'ormation  as  the  board  of  health  nuiy  re(|uire.  He  shall 
<'ontrol,  direct,  rej;uiate.  sn]iervise  and  manage  tli(»  ojjeration  of  the  oftiee 
of  the  city  cheuiist.  and  for  that  jnirpose  is  authorized  to  make  sucli  rules 
and  regulations,  with  the  approval  of  the  board  of  health,  not  inconsistent 
with  the  charter  or  an\  city  ordinamc  or  law  of  the  state  as  may  be  neees- 
sat\  for  the  execution  of  his  order  or  jiroper  administration  of  Ihe  office. 
I  .M.  ('..  sec.  4S1.) 

Til.-  ilutii's  of  niHli  ami  iic  iiiii  insrii-ition  arf  iinposod  upon  tin-  city  chemist  Ijy 
sees,    isi   and   folUfwing'. 

See  4S0  Sundry  assistants  to  chemist— ai)i>ointnients— quali- 
fications—  salaries  duties — renM)val. — Tlieie  is  hereby  created  the 
ofiiec  of  assistaut  city  chemist,  who  shall  be  ai)pointed  by  the  city 
chemist,  with  the  ap])i'ova.l  of  the  l>oard  of  health.  His  sahiry  shall  be 
at  the  rate  of  fifteen  hnndrcd  d(dlars  per  annum,  payable  in  ('(jnal 
numthly  installments.  He  shall  be  under  the  diivctions  of  and  assist 
the  city  chemist,  and  be  subject  to  the  rules  and  regulatious  adopted 
for  Ihe  government  of  the  city  chemist's  office.  The  assistaut  city  cheiuist 
shall  be  a  i>erson  skilli'd  in  Ihe  science  of  analytical  chemistry,  and  be  a 
jiraclical  chemist.  In  the  absence  of  the  city  chemist  the  assistani  city 
chemist  shall  have  charge  of  the  office.  The  city  chemist,  with  Ihe  ajiiiroval 
of  the  boaiil  of  health,  may  also  a])]ioint  assistant  clerk,  whose  salary  shall 
be  al  the  rate  of  seventy-live  dollars  ]ier  iiuinth  ;  one  laboratm-y  cleaner, 
whose  salary  shall  be  at  Ihi'  rale  of  tifty-tive  dollars  jier  month:  one  col 
lector  of  water  samples,  who.se  salary  shall  lie  at  the  rate  of  fifty  dollars  iier 
iminth.  .\ll  these  ajiiioinlees  shall  be  subject  to  the  rules  and  regulations 
adopted  for  the  government  of  the  city  chemist's  office.  All  aiiiiin'ntees  un- 
dei-  Ibis  ordinance  may  be  removed  by  the  city  chemist  at  his  |)leasure  with 
the  approval  of  the  board  of  health.      (  Ord,  1*1S2!).  amendment,) 

.Xilditiiinal   assistants   f<ir    null<    inspection,   see   sec.    ISfi. 

Sec.  481      Kules    of   office,    ai)proval    and    amendment — The 

city  chemist  shall  iu-(>i)are  and  submit  to  the  board  of  health  for  their  adop- 
tion and  a))]iro\al  rules  and  regulations  for  the  government  of  his  office; 
such  rules  may  be  amemled  by  said  board  of  health  from  time  to  time,  when- 
ever, in  the  opinion  of  Ihe  board  of  health,  the  same  is  necessary,  (  M.  C. 
see.  4S:{.) 


AKT   V.l  OK   INSPKCTION    Ol"   MILK.  671 

See.  482.     ClitMiiist    mimI    assistaiU    suh.jrcl    to    removal,— TIh' 

cilv  cliciiiisl  :iii(l  jissisiaiil  i-il.\  clicmisl  shall  he  siiiijccl  lo  all  llii-  laws  aii<i 
n-f^nlatiims  j^uvcniiiii;  i-iiv  (il'liccrs  and  may  lie  removed  I'l'om  ol'liie  by  ma- 
jorily  vdle  of  llie  lioard  nt'  lieallli.      i.M.  < '..  sec.  4S4.) 

Thi'  mannt-r  of  rt-nnival  of  city  rhemtst.  If  not  in  aoi'ortlnncf  with  the  Charter 
method,  does  not  Invalidate  the  office  Itself;  St.  Louis  vs.  L,lcs8lng.  lltO  Mo. 
464.    I'.U. 

St'i-.  4S.5.  ClHMiiist  aiul  assistant  to  \tv  on  pay-roll  of  hoard  of 
lu'altli  —  rtM|nisition  lor  sii|>pli«'s.— The  <ily  clnniist  and  assistant 
eil_\  rliciiiisi  shall  he  tarrieil  on  Ihe  i)ay  roll  of  ihe  lioartl  of  heullh  and 
lieallli  commissioner,  and  all  re(|nisil  ions  lor  sii|i|ilies  lor  said  olticc  shall 
lie  made  liy  the  cily  chemist  and  apin-dxed  liy  ihe  incsidinj;  ojiicei-  of  Ihe 
hoard  ol'  health,      i  .M.  ('..  .sec.  4.'s.~.  i 

.\KTI(|.i:   V. 

ci|-    INSPECTION    Ol-    .MILK    .\NI)    flllO.VM.    .\NI)    OF    LICENSING    .AND    ItlCGUL.ATINi ; 

THIC    S.\LK   TIIICKKOF.* 

•Ordinance  20S0S  repeals  the  prior  niilk  inspection  law  (Mun.  Code.  sees. 
OB-.Ill).  The  validity  of  the  ordinance  (which  appears  herein  as  the  Sections 
composing  this  article)  was  upheld  against  a  number  of  constitutional  objections 
(as  well  as  other  objections)  and  the  general  rlRlit  of  the  city  to  regulate  the 
sale  of  milk  as  provided  In  the  ordinances  was  fully  sustained  In  the  following 
cases:  St.  Louis  vs.  Llessing,  190  Mo.  461;  St.  Ix)Uls  vs.  Grafeman  Dairy  Co., 
190  Mo.  492;  St.  Ixiuls  vs.  Grafeman  Pairy  Co.  (No.  2).  190  Mo.  .107:  St.  Louis 
vs.  Reuter.  190  Mo.  514:  St.  Louis  vs.  Polinsky.  190  Mo.  516:  St.  Louis  vs.  Schuler. 
190  Mo.   524;   St.   Louis  vs.   Blppen.   100  S.   W.   1048    (March   5.   1907). 

The  charter  provisions  on  the  subject  are  Art.  III.  sec.  26,  clause  7  ("Inspec- 
tion of  milk"):  /*.  clause  5  (license.  ta.\  and  regulate  occupations)  /*.  clause  6 
("secure   the   general    health")    and  /*,    clause   14    (general    welfare   clause). 

But  shortly  after  the  enactment  of  the  ordinances  upheld  In  above  decisions 
reported  In  190  Mo.,  there  was  passed  the  State  law  (Session  Laws  Mo..  190.">, 
page  1.13)  providing  for  a  State  I>alry  Commissioner,  prescribing  certain  duties 
as  to  Inspection  of  milk,  etc..  and  certain  standards,  etc.  Whether,  and  If  so  to 
what  extent,  this  State  law  operates  to  supersede  the  city  ordinances  has  not 
been  decidi'd  liv  ili.'  aiipi'llati-  courts,  but  cases  are  now  pending  Involving  these 
questions 

Sec.  484.     InsptM-tion  ant!  <'ontrol  in  cluirjjo  of  city  «'lH'niist. — 

Th(>  ilis|iect  ion  :llid  cidhioI  ol  ihe  i|ii:ilily  ol  milk  and  ('Ve:iiii  |ii  ndnci'd.  sold 
or  ofl'ered  for  sale  ill  Ihe  ("ily  of  St.  Louis  is  liercliy  placed  in  charfie  ol'  ihe 
lity  dioiiiist.      (Old.  1.MIS(I8,  .sec.  1.) 

But  see  acts  1905,  p.  133  (passed  after  the  above  ordinance  20S0S)  creating 
the  office  of  State  Ualrj-  Commissioner  and  conferring  In  large  measure  duties 
on  him  respecting  milk  anil  cream  inspection  which  perhaps,  to  some  extent 
at   least,   conlllet   with    the  ordinances. 

.S.e  4S.T.  I>nti<'x  of  Inspection  on  <'lty  «*Iu'niist  anil  l>a<"t<'ri- 
«»lo;jist — ruh's  The  cily  ihnnisl  and  his  assislanis  shall  |MTliiriii  ihe 
ilniies  ri><|iiired  in  Ihe  ins|ieclioii.  leslino  or  analysis  i>(  milk  or  cream:  jiro- 
\ided,  liowever.  that  in  suitable  cases  he  can  call  ii|ioii  the  city  bacteritilo- 
^ist  for  .s|H>ciiil  tests  or  assistance. 

The  city  chemist  sliall  rormiilale  such  rules  as  he  may  deem  necessary 
for  the  };i)verniiieiit  of  iiis  assistants  or  others  employed  in  the  iuspcclioii 
and  analysis  of  milk  ami  cream,     i  Ih..  .sec.  :.'.  i 

Sei'.  48().  .Vssistanls  —  <|iialifical  ions  lioiid  r  c  mo  \  a  I  . — 
Tlie  city  cliiMiiist.  wiih  the  :ippro\al  of  Ihe  board  ol'  healih.  iiia,\  apjioinl  tivo 


(i7_>  Fj:\isi:r)  codk  oh  general  ohdixances.  k'map.  ii. 

;iil(lil  iiilial  eiiijil(p\cs  ill  llic  (illifc  iiT  llic  cilv  clieiiiisl.  iioiii'  iiT  wIkhu  shall  lio 
(lirccrly  or  indircctlx-  fiiiaiiciallv  interested  in  tlie  niiilc  or  daii-.v  liusiness. 
Two  of  said  appointees,  to  be  known  as  assistant  chemists,  sliall  lie  persons 
si<illed  in  the  science  of  cheniistrv.  and  shall  have  had  experience  in  niilU 
analysis,  the  two  other  a))pointe('s,  to  he  known  as  milk  inspectors,  shall  he 
i-e|)Ulal>le  men  o(  jiood  business  character  and  coni])etent  to  perform  the 
dnties  of  their  office.  The  fifth  ajijiointee  shall  be  known  as  clerk  of  the 
oftice  of  the  city  chemist,  shall  be  fully  competent  to  keeji  accounts  and  per- 
form any  clerical  work  that  may  be  assi<j;ned  to  him.  All  appointees  un- 
der this  ordinance  may  be  removed  from  oftice  by  the  city  chemist  for  in- 
competency, misconduct  or  neglect  or  violation  of  rules.  They  shall  each 
nive  bond  subject  to  the  a]p]iio\al  of  the  ilayor  in  the  sum  of  one  thousand 
dollars.     {Jb..  sei-.  •'!.  i 

Sec.  487.  Salarie.s — The  salaries  of  tlie  assistaiil  chemists  appointed 
under  the  jirovisions  of  this  article  shall  be  at  the  rate  of  one  hundred  and 
twenty-tive  dollars  per  month.  The  ius|)ectors  and  the  clerk  in  the  oftice  of 
the  city  chemist  shall  each  receive  a  salary  of  eighty-three  and  thirty-three 
one-hundredths  dollars  jier  month,     ilh..  sec.  4.) 

Sw.  488.  Requisitions — wagons  and  horses  allowetl — All  recpii- 
sitions  for  sup]ilies  and  rejiairs  connected  with  inspection  of  milk  shall  be 
made  by  the  city  chemist.  There  shall  be  allowed  for  the  use  of  the  city 
chemist's  office  two  wagons  and  thi-ce  horses,  the  vehicles  to  be  lettered  as 
rcc|iiircd  by  the  city  ordinances.     (///.,  sec.  •>.) 

St'i'.  489.  Aecess  to  all  neeessary  places  and  articles^riylit 
to  take  samples — violation  of  article  nuule  niisdenieauor— du- 
plicate samples — hajlges  for  inspectors. — The  city  chemist,  assi-^^tant 
chemists  and  milk  inspectors  shall  have  the  right,  and  it  shall  be  their  duly 
to  enter  and  have  full  access,  ingress  and  egress  to  all  jilaces  where  milk  or 
cream  is  stored  or  ke]>t  for  sale;  to  all  wagons,  carriages  or  other  vehicles, 
railroad  cars  or  conveyances  of  any  kind,  used  for  conveyance,  traiisixu-ta 
tion  or  delivery  of  milk;  to  any  warehouse,  factory,  place  of  business,  build- 
ing, farm,  stable,  railroad  dejiot  erections,  establishments  or  ]ilaces  of  any 
kind:  to  all  vessels,  cans,  jiackages,  refrigerators,  or  rece])taeles  of  milk  or 
cream,  for  the  jinrpose  of  inspecting  their  condition  or  to  take  samjiles  of 
milk  lu-  cream  therefrom,  not  exceeding  one  i)int,  for  the  jmrpose  of  testing 
or  analyzing  the  same.  Such  sam]des  with  marks  for  idcutitication  shall  be 
sealeil  .nid  placed  on  ice  and  ke]it  at  a  temjieratuie  at  or  below  tifly  degrees 
Falirenlieir  until  o]iened  for  analysis  and  its  (|ualily  linall\  delcriiiined. 
Whenever  the  sample  or  saiii|)les  so  found  and  taken  shall  not  corresiioud 
with.  r)r  shall  be  in  violation  of  this  article,  the  person  or  |iersoiis.  tirm  or 
corporation  in  whose  )iossessioii.  care,  custody  or  control  of  such  milk  or 
cream  may  lie  round,  sli.ill  be  deemed  guilty  of  a  iiiisdeiiieaiHU-.  and  11(1011 
conviction,  tilled  not  less  than  I  wcuty-tive  dollars  nor  more  than  one  liuii 
died  dollars  for  each  and  every  oll'eiise.  The  jierson.  Hi-iu  (U-  corporal  i(Ui 
from  whom  a  saiiijile  of  milk  or  ci-eam  shall  be  lakcu,  shall  on  demand 
therefor,  then  and  there  made,  have  a  right  lo  have  a  diiplii-alc  of  said 
sani|)le  .sealed  wilh  ihe  seal  of  the  olticer.  on  leiideiing  him  a  suitable  re- 
ce|it;tcle  iherernr. 

The  milk  iiis|icclois  shall  each  when  on  duty  wear  a  iiielal  badge,  (h'- 
signed  by  the  city  ihemisl.  which  sh.ill  be  sujijdied  by  and  be  the  |iroperty 
of  Ihe  city,  and  be  reliirned  at  the  eN]iiration  of  their  leriii  of  office.  {Ih.. 
sec.   Ii.  I 

Laws  j)oriiiitting'  tal<in^  of  saniplos  are   lu^iiold:   Pec  cases  1!>0  Mo.   ^ST-1!<n. 


AltT.  V.|  OK   INSPECTION    Ol'   MII.K.  (J7.-} 

S-i'.  4!i(i.  SaiiipU'N  (<»  \>v  t»'s(«Ml— violations  of  r<M|iiir(>nuMit.s 
pr<»s«'«'utr<l     r«'<"or»l  >>(    (t'sts  piiblir,  — All  saiiii>l>s  of  milk  ur   inaiii 

lakcli  ur  lili)ii;;lil  lu  liii'  olliii'  nl  llir  i  ilv  rhflllisl  l(\  lllf  IMTSOIIS  clllltliiVfil 
llicrciii  shall  Ik-  aual.vzcil  ur  otiifrwisc  sal  isl"acli>ril\  Icsti'd:  and  \vliiTc\fr 
or  wlu'iii'vcr  said  milt  or  cream  so  It-stod  oi-  analyzed  shall  lie  loiind  viola 
tive  of  any  of  the  provisions  of  this  artirle.  I  he  necessary  steps  shall  he 
taken  for  ]irosecnfion  for  a  violation  thereof.  An  accurate  record  of  the 
resnlls  of  all  tests  or  analysis  shall  he  kept  and  shall  he  accessilile  as  a 
matter  nt   pulilir  inf(^-mat  ion.     i /'»..  sec  T.i 

Sec.  4!>1.     .Viiy  citi/.*'!!  ma>  .siibmil  saiiiph's  for  analysis — Tlif 

city  chemist  shall  e.xaiiiiiic-,  icsi  or  aiialw.e.  as  Mia\  lie  dcrnicil  necessary, 
any  sample  of  milk  or  cream  that  may  he  suhmilled  lot-  e.xaininalion  hy 
any  citizen,  when  the  same  has  Ihmmi  hoiifiht  for  his  own  or  family  consump 
lion.     (  //>.,  sec.  S.  i 

Sec.  4!)2  Ki'ct'ptaclt's,  i't<-.,  r«»r  inilU  orcroani  to  he  kopl  rlvan 
—violation  niisdiMucanor— (K'nalty . — All  receptacles  used  in  the 
hanliiii;  or  handling  of  milk  or  cream,  as  well  as  all  packa};es,  refrijierators 
or  compartments  of  stores  or  other  places  where  milk  or  cream  is  kept, 
stored  or  handled  shall  he  kept  in  a  scrupulously  neat  and  clean  condition, 
ami  containers  shall  not  lie  kejit  in  the  presence  or  vicinity  of  any  article 
of  any  kind  likely  lo  contaminate  or  injuriously  atfecl  the  sweetness,  (|ualil\ 
or  i-ondition  of  the  milk  or  cream.  Any  person  found  violating  this  section 
shall  he  deemed  };uilly  of  a  misdemeanor,  and  ti]ion  <-onvicti<)n  thereof  shall 
he  punished  liy  a  line  not  less  than  twenty-li\-e  dollars  nor  more  than  one 
liniidrcd  dollars  for  each  and  every  olfeiise.      \/li..  sec.  !l.  | 

Sec.  vx\.  >lill<  Nondors'  lieonsrs  miniiMMl-  rcyist  i"at  ion Om's 
— retail  \vliol«'saIt'^<i»'linit  ion  of  trrnis  — inis<l<'ni»>anor  for 
^  iolat  ion— p«>nalty. — lOvery  person,  tirm  or  corporation  who  shall  sell 
or  oiler  lor  sale,  cxjiose  for  sale,  <lispose  of.  e.xchanfie  or  deliver,  or  with 
the  intent  8o  to  do  as  aforesaid,  liave  in  his  or  tlieir  jiossession,  care,  ctis- 
tody  or  control,  milk  or  cream,  in  or  from  any  store,  stand,  hooth,  market 
plac(\  milk  dejiol.  warehouse,  dairy,  cow  stahle  or  any  lMiildin<;  erection  or 
estalilishment  of  an\  kind,  or  shall  transporl.  convey  or  (hdiver  Ihe  same  liy 
wa;;on,  carriaj;e.  or  other  vehicle,  or  In  hand,  shall  lirsl  lie  licensed  to  do  so, 
ami  shall  register  as  a  milk  vendor  in  the  oflice  of  the  health  commissioner. 
and  pay  to  Ihe  citv  colleiior  I  license  cnllcciorl  the  license  Ices  prci\ided 
for  liy  this  article. 

Kvery  per.son.  firm  or  corjioralion  sellin-;  or  disposinj;  of  milk  or  cream 
at  retail  shall,  within  thirty  days  after  this  article  pies  into  elfect.  and  semi 
annually  on  the  tirst  Mondays  of  .laninny  and  .Inly  thereafter,  pay  licen.se 
fe«'s  as  folhiws:  Kvery  milk  or  cream  vendor  shall  jiay  for  the  )pri\  ilei^e  of 
conductin;;  a  milk  Imsiness.  a  rej;istration  fee  of  one  dollar  per  annmn. 
and  in  addition  thereto  each  vendor  shall  pay  for  every  wanon  or  oilier 
Vehicle  from  which  milk  or  cream  is  sold  or  delivered,  a  .siMniannual  license 
fee  of  two  dollars  and  lifty  cents. 

.Vinl  every  vi-ndor  of  milk  or  i-ream  at  wholesale,  liy  which  shall  he 
understood,  meant,  and  is  herehy  detined.  a  |H'rson  or  corporation  sellin;; 
to  others  milk  or  cream  in  i|uantities  lo  any  person,  tirm  or  corporation  of 
sixte<*n  };allons  or  more  on  any  one  day.  shall  pay.  semiannnallx .  as  afore- 
said, a  wholesale  license  fiM'  of  twentyihe  dollars. 

If  any  |ieison.  tirm  or  corporation  commence  or  (•n;;ap'  in  the  Iraflic 
or  lianillinL:  of  milk  or  cream  at  any  periods  other  than  those  hereinliefore 


674  rb:vi.sed  code  or  general  ordinances.  [chap.  u 

raentioued,  he  or  they,  before  doing  so,  shall  pay  the  pro  rata  license  fees 
in  their  cases  required,  which  license  so  issued,  as  well  as  other  licenses 
hei-ein  required,  shall  be  good  for  a  period  ending  with  either  the  first  Mon- 
day of  January  or  first  Monday  of  July,  as  the  case  may  be,  following  the 
issuance  and  delivery  thereof.  Every  person,  firm  or  corporation  violating 
this  section,  or  any  of  its  provisions,  shall  be  deemed  guilty  of  a  misde- 
meanor and.  on  conviction  thereof,  be  punished  b.v  a  fine  of  ni)t  less  than 
twenty-five  dollais  nor  more  than  one  hundred  dollars  for  each  and  every 
offense.     (lb.,  sec.  10.)  • 

This  section  lield  valid  in  St.  Louis  vs.  Grafeman  Dairy  Co.,  190  Mo.  492 
(holding  that  the  requirement  to  register  and  pay  the  dollar  registration  fee, 
is  a  valid  police  regulation,  is  not  in  conflict  with  the  merchants'  license,  and 
that  the  fact  that  the  officer  is  called  city  collector  is  not  material,  it  being 
t!vident  that  the  license  collector  was  the  person  intended:  ana  that  the  title 
to  the  ordinance  was  sufficient,  and  that  its  provisions  contained  but  one  subject 
matter,   etc.) 

Sec.  494,  Registration  certificates  reciiiirenients  prelimi- 
nary to  issuance  of  license — subsequent  chanjjes  in  tlata  jfiven— 
violation  a  misdemeanor — penalty. — Registration  certificates  and  li 
censes  shall  be  is.sued  in  the  names  of  the  ai)plicants  therefor.  No  registra- 
tion or  license  certificate  shall  be  sold,  assigned,  loaned  or  transferred,  or 
be  placed  in  the  care,  custody,  control  or  possession  of  any  person  other  than 
the  one  to  whom  it  was  issued.  No  license  .shall  be  isstied  by  the  city  [license] 
collector  until  the  party  shall  file  with  him  a  certificate  of  registration 
signed  by  the  city  chemist,  stating  that  the-  written  application  hereafter 
provided  for  has  been  filed  in  the  office  of  the  city  chemist  and  approved  by 
him.  liefore  the  issuance  of  the  license  every  vendor  of  milk  or  cream  shall 
make  a  written  apjilication  for  registration  to  the  city  chemist  on  a  i)rinted 
form  provided  for  that  purpose,  on  which  shall  be  stated: 

First.  The  name,  residence  and  location  of  the  business  i)lace  or  places 
of  applicant. 

Second.  If  by  a  firm,  the  names  of  each  member  of  the  firm  and  loca- 
tion of  the  business  jdace  or  places  of  the  firm. 

Third.  If  by  a  corporation,  the  names  of  the  president,  secretary  and 
business  manager  or  superintendent  thereof,  and  location  of  the  business 
place  or  places  of  the  corporation. 

Fourth.  The  location  of  the  business  jtlace  or  places  of  the  applicants 
must  be  distinctly  stated  by  street  and  number,  as  well  as  the  name  be 
given  of  the  person  in  charge  of  each. 

Fifth.  The  number  of  cows,  if  any.  owned  or  controlled  by  the  ap- 
plicant. 

Sixth,  The  number  and  description  of  each  and  every  wagon,  carriage 
or  other  vehicle  used  in  the  milk  or  cream  business,  and  the  number  used 
for  the  deliverv  of  milk  to  customers  in  the  retail  or  wholesale  business,  or 
both. 

Seventh,     The  location  of  the  dairy. 

Eighth,  Where  milk  or  cream  is  brought  from  localities  outside  of 
the  City  of  St,  Louis,  a  detailed  statement  of  the  locality  from  which  the 
milk  is  brought,  and  the  names  of  the  i)ersons  su})i>lying  same,  conditions 
of  the  cows  and  premises,  and  precautions  taken  to  produce  pure  milk. 

Ninth,  All  other  information  as  may  be  required.  If  after  the  issu- 
ance and  delivery  of  the  license  and  certificate  of  registration  any  changes 


AHT   v.]  OF  INSPECTION    OF   MII.K.  675 

lie  iiiiule  in  llic  firm,  ot'tiioi-s.  iii;inn<;ers,  sniicriiileiulonts,  location,  rosidonfe, 
wa^'oii.s,  cari-iaf^fs  oi-  oliicp  vi'liii'lcs,  writti-n  notice  tlu'foot'  niu.st  fortiiwith 
111'  jjivtMi  to  the  citv  ^•iH•nli^^t  lor  insci-tioii  and  coiTcclion  in  tiic  I'ccords  of 
the  derailment.  Tlie  clerl<  of  the  city  cliemi.sl  .>iliail  keei>  a  lull  and  com- 
plete record  ol'  all  I'ejiistrations  of  milk  vendors. 

Any  (KMson  violatinji  any  of  the  ]iro\isions  of  this  section  shall  be 
deemed  jiuilly  of  a  misdemeanor,  and  npon  convict  ioTi  thereof  shall  he  lin(!d 
not  less  than  twenty  live  doliai-s  nor  more  than  one  innuhcd  dollars  for  e,-icli 
and  evei'v  olVense. 

'reiilli.  -Vjii'ee  to  furnish  saiii|>lcs  when  rei|neslc(l  li\  the  cil_\  chemist, 
any  assislani  cily  chemist  or  milU   insiieclor.      (//)..  si'c.   11.1 

Sir.  4;i.'i.  1I<»\\  \<'Iiirh'  <>r  \  I'luUn",  viv.,  to  be  (l<'si<;ii;j<<Ml — \U>- 
latioii — niis«lt'iiU'aiior — ]>(>iiiilt,>  .  —  NO  milk  oi-  ci-cam  shall  he  sold,  offered 
for  sale,  exposed  for  sale.  exchanj;ed.  delivered,  transported,  conveyed  or 
carried  on  any  wajion,  carriage  or  other  vehicle,  unless  tiiei-e  shall  be  ]iainted 
thereon,  on  both  sides  thereof,  in  a  consjiicuous  ]ilaee  and  in  legible  Koman 
letters  not  less  than  four  inches  in  height  and  three  inches  in  breadth,  the 
name  of  the  milk  \endor.  and  thi'  number  and  street  of  the  place  of  busi- 
ness, ol'  location  of  the  dairy  or  cow  stable.  .\ny  \iolalion  of  the  jtroxisions 
of  this  section  shall  he  deemed  a  misdemeanor,  and  upon  conviction  thereof 
ih(>  olfender  shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollara 
nor  more  than  one  hundred  dollars  for  each  and  every  oH'ense.  (//>.,  se(;.  12.) 

Sec.  496.  Form  of  license. — All  licenses  jiaid  under  the  ])rovisions 
of  this  article  shall  be  issued  in  lihink  forms  to  t lie  collector  by  the  r<'gistei- 
under  the  seal  of  the  citv  and  shall  he  in  llie  I'diiii  ineserilied  li\  law.  i  //>.. 
.sec.  18.) 

See.  4!>7.  SaU-  or  <arrvinj;  for  sale,  rtc.  of  iiii|)iir<'  milk  or 
<'r«'am  or  \\  hcii  not  |>rojM'i'l>  cooUmI,  or  wIhmi  ('(MitamiiiatfMl,  vtv. 

—  mis(l«Mn«'aiior — pt'iialty Whoever,  by   liitnself  or  by   his  ser\;iiil,  or 

agent,  employe  or  milk  wagon  driver,  or  any  other  person,  firm  or  corpora- 
tion, sells,  offers  for  sale,  exchanges,  delivers  (u-  transports  or  carries  for  the 
jiurpose  of  sale,  exchange  or  delivery,  or  has  in  his  cvistoily,  possession,  care 
or  control,  with  intent  to  sell,  oiler  for  sale,  exchange,  or  deliver,  or  ex- 
]M)ses  or  oll'ei's  for  sale,  exchange.  trans|)ortation  or  delivery,  to  or  in  the 
<"ity  of  St.  Louis,  any  milk  or  cream,  whether  from  a  single  cow  or  the  mixed 
product  of  a  herd,  which  is  unclean,  diluted,  impure,  unhealthy-,  diseased, 
unwholesome,  adulterated,  decomposed,  or  sour,  or  not  of  good  (piality,  pro- 
vided for  in  this  article,  or  milk  or  cream  to  which  \\ater.  skimmed  milk  or 
any  foreign  substance  has  l)een  added,  or  milk  or  ire.im  produced  from  sick 
or  diseased  cows,  or  milk  or  cream  from  cows  kejit  in  an  unclean,  filthy  or 
uidiealthy  condition,  or  milk  or  cream  from  cows  fed  on  any  other  than 
clean,  good  and  wholesome  food,  or  milk  or  cream  that  has  been  exjiosed  to, 
or  contaminated  or  atl'ected  by  the  eiminations.  discharges  in-  exhalations 
from  any  human  being  or  animals  sick  with  any  contagious  infecfioiis  dis- 
ea.se,  or  which  has  not  been  |iromptly  cooled  after  milking  to  at  least  forty- 
tive  degrees  Fahrenheit  and  maintain(>d  \intil  delivered  to  consumers  at  or 
below  fifty  degi-»^'s  Fahreidieit.  shall  be  guilty  of  a  misdemeamir  ;ind  on 
convii'tion  thereof  be  |innished  by  a  fine  of  not  less  than  twenty-live  dollars 
nor  more  than  one  hundi-ed  dollars  for  each  and  every  ofTense.  {Ih..  sec.  II.  I 

See.  408.  Sale  or  custody  of  pro<lu<'ts  of  im|Mir<'  or  eoii- 
taminntetl     milk    or    <'r<'am,     <'t<'.— mis<lemeam»r     penalty. — No 

person,  firm  or  corporation  shall  sell,  offer  or  exjiose  for  sale,  exchange  or 


676  REVISED    CODE    OR    GENERAL    ORDINANCES.  ICliAf.    11. 

dclivt'rv,  or  witli  aiij  such  intent  as  aforesaid,  liave  iu  his  or  their  care, 
custody,  conti'ol  or  possession,  any  products  of  milk  or  cream  or  any  artich^ 
of  food  made  from  unclean,  imiuirc,  uiiliealtliy,  adulterated,  diseased  or  iin- 
whulesome  milk  or  rreaui.  Any  person  \iolatiug  any  of  these  provisions  of 
this  section  shall  he  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  be  punished  hy  a  fine  of  not  less  than  twentyti\e  dollars  nor  nunc 
than  one  hundred  dollars  for  each  and  every  offense,     i  ///.,  sec.  15.1 

Sec.  499.     Adulteration,  etc. — inisdeiiieaiior — penalty—  excep- 

tion.s. — Any  person  who  shall,  by  himself  or  by  his  servant,  agent  or  i-mploye. 
adulterate  milk  or  cream,  or  change  it  in  any  I'espect  hy  the  addition  of 
water,  skimmed  milk,  or  of  any  foreign  substance,  or  by  the  removal  of  any 
constituent,  with  a  view  of  selling  or  ottering  the  same  for  sale  or  ex- 
change, or  shall  deliver  same  to  a  purchaser,  otherwi.se  than  with  it.s  due 
jjroportion  of  each  of  its  natural  components,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  shall  be  fined  not  less  than  twenty- 
fi\e  dollars  nor  more  than  one  hundred  dollars  for  each  and  every  offense. 
Nothing  in  this  article  shall  be  so  construed  as  to  prohibit  the  sale  of  cows" 
milk,  sterilized,  pasteurized  or  modified  in  compositions  for  infant  feeding, 
according  to  a  prescription  of  a  registered  physician ;  provided,  however, 
that  such  sterilized,  pasteurized  or  modified  milk  may  be  lawfully  sold  in 
feeding  bottles  onl\.  and  that  each  bottle  shall  be  labeled  with  the  name  of 
file  vendor  and  a  numlier  corres])onding  1o  a  nundier  of  llie  prescription  kept 
lt.\  the  vendor  and  accessible  on  demand  by  the  health  commissioner:  and. 
provided  further,  that  modified,  sterilized  or  pasteurized  milk  shall  be  pre- 
pared from  milk  of  the  ])urity  refjuired  by  this  article  ami  deli\ercd  under 
the  .same  coudilions  as  to  temjierature.     {Jb.,  sec.  Ki.) 

.See   sees.    R.    C.    "laii.    557. 

Sec.  5U(t.  Sale  or  custody,  etc.,  of  milk  or  cream  containinj>- 
foreijfn  matter,  coloring-,  preservative,  etc.,  misdemeanor — 
penalty. — Any  person,  firm  or  corporation,  who  sliall  sell,  expose  for  sale,  ex- 
change.deliver,  dispose  of  or  transport,  convey,  or  carry  .or  with  any  such  intent 
as  aforesaid  have  in  his  or  her  care,  custody,  control  or  possession,  any  milk 
or  cream  having  therein,  or  containing  any  foreign  substances  of  any  kind 
whatever,  or  coloring  matter,  or  any  adulteration  or  jn-eservative.  whether 
for  the  purpose  of  artificially  increasing  the  quality  of  the  milk  or  cream. 
or  for  preserving  the  condition  or  sweetness  thereof,  or  for  any  purpose 
whatever,  shall  l)e  deemed  guilty  of  a  misdemeanor,  and  on  conviction  there- 
of shall  be  fined  not  less  than  twenty-five  dollars  nor  more  than  one  hundred 
dollars  for  each  and  everv  offense.     I  ll>..  sec.  IT.  i 

The  validity  of  this  section  was  upheld  in  St.  Lunis  vs.  Schuler.  190  Mo.  5H 
(milk  containing  preservative — Formaldehyde);  St.  Louis  vs.  Polinsky,  190  Mo. 
filfi    (containing    adulterant — anattoi. 

Se(\  501.  Sale  of  milk  prohibited  unless  on  analysis  it  shows 
certain  inf're<lients — how  analyzed  whencontested — misdemean- 
or— penalty. — NO  milk  shall  be  sold.  kept.  ortVrcd  or  exposed  for  sale  stored, 
exchanged,  transported,  conveyed,  carried  or  delix'ered.  or  with  such  intent 
as  aforesaid  lie  in  the  care,  custody,  contrcd  or  jiossession  of  any  one.  unless 
it  show  on  analysis  not  less  than  three  ]ier  cent  by  weight  of  butter  fat. 
eight  and  five  tent li.s  per  cent  solids  not  fat.  and  seven-tenths  of  one  per  cent 
ash.  of  which  fifty  per  cent  shall  be  insoluble  in  hot  water.  Provided,  how- 
ever, that  in  contested  analyses  of  milk  condi'mned,  under  this  article,  but- 
ter fat  shall  be  estimated  gravimelrically  by  the  .Vdani.'<  ](a](er  coil  process; 
total  solids  by  ev;iporation.  and  non-fatty  solids  by  ditfcrciice  between  total 


ART     \M  OF  INSPECTION  <iK  Mil. K.  tj77 

solids  ;iii(l  ImittT  l';U.  aiiii  ;isli  In  wcijiliiii^;  ilie  residue  aflcr  iiu'iueration  of 
total  solids  at  a  (lull  red  heat  until  all  Ilii'  (D-^raiiic  matter  is  destroyed.  Any 
one  violatiiii;  aiiv  ol'  the  jn-ovisioiis  of  this  section  shall  lie  deeiiitMl  };tiiHy 
of  a  niisdeiiieanof.  and  upon  conviction  thei-eof  he  )innished  liv  a  line  of  not. 
less  than  I  went. v- live  (h)llafs  nor  niiiic  than  one  hiindr-ed  dollafs  for  "each 
and  e\('r\  otl'ense.     i /'*.,  sec.  IS.) 

Declared  va'ld  In  St.  Louis  vs.  Itlppen  lOO  s.  W.  lo-is,  and  St.  Louis  vs.  Oraferaan  Dairy 
Co.,  too  Mo.  507  (both  riisfS  of  Ii-ss  than  throe  por  tunt  buttt'r  fat);  St.  Louis 
vs.  Liesslngr,  190  Mo.  464  (less  than  seven-tenths  of  one  per  cent  ash).  But  see 
Law.s  1905.  p.  133.  requiring  a  different  standard  than  that  set  up  in  the  ordi- 
nances. This  act  was  passed  after  the  ordinance  and  that  question  to  what 
extent  It  supersedes  the  same  has  at  this  writinfr  not  been  decided  by  the 
appellate   courts. 

S-'c.  .")(12.  Siinie — «T«';ini — lmH«M'  faf  —  fort'ijjn  s  n  bs  <  a  ii  <•«>  t* 
a«l<li'«i — mis<l«'iin>anor — penalty. — NO  ri-i'am  shall  lie  sold.  (itVci-cil  fm- 
sale,  exchanged.  (leli\ci-ed.  or  he  traiis|ioiMed  for  the  |iiir|iose  of  sale,  otlVr 
iiif;  for  sale,  e-vchantie  or  delivery,  that  coiiiains  less  than  Iwelve  per  cenluni 
of  hntter  fat.  or  that  is  taken  from  any  impure,  diseased,  unhealthy,  un- 
clean, adulterated,  or  unwholesome  milk,  or  milk  to  which  any  foreij;ii  or 
other  snhstanee  of  any  kind  has  lieen  added.  Any  person  \iolatinii  any  of 
the  provisions  of  this  secli<m  shall  he  deeme(l  <ruilty  of  a  misdemeanor,  and 
on  conviciioii  thereof  shall  he  lined  not  less  than  Iwenl.v  live  dollars  nor 
mori'  I  hail  one  hundred  dollars  for  each  and  every  ofl'ense.      (/?)..  sec.   l!l.  i 

This  section  upheld  in  St.  Louis  vs.  Ittuter.  190  Mo.  .tU  (12  per  cent  l>iilt<^r 
fat).      See   preceding   note. 

See.  .')03.  Kojiulatioiis  as  to  c(>n(l«'ns<Ml,  |>r<'sorve<l  and  <'va|)<)r- 
atod  milk — violation  niiscU'nu'anor — lUMialty. — No  person  shall  nmim- 
faciurc,  sell  or  olVer  for  sale,  any  condensed,  jireserved  or  evaporated  milk 
for  domestic  use,  unless  the  same  shall  he  put  up  in  jiackajies  n]ion  which 
shall  he  distinctly  laheled  or  siam|ied  the  name  or  hraiid  hy  whom  or  under 
which  the  same  is  made.  No  conden.sed.  ]U'eserved  or  evaporated  milk  shall 
he  made,  sold  or  offered  for  sale,  exchaii^ied  or  delivered  for  domestic  use, 
unless  the  same  is  manufactured  from  pure,  clean,  healthy,  fresh,  unadul- 
terated and  whole.s<iine  milk,  from  which  the  cream  has  not  been  removed, 
or  unless  the  amotint  of  milk  solids  and  hiitler  contained  in  the  condensed. 
preser\ed  (U-  eva]ioiated  milk  shall  he  the  condensed  eipiivalent  of  milk 
solids  and  Imtter  fai  provided  liy  this  article  for  pure  milk,  and  in  the  same 
proportion.  .Vny  [lerson  violating  any  id'  the  ]irovisions  of  this  section  shall 
he  diHMiied  jiuilty  of  a  misdemeanor,  and  upon  conviction  shall  he  lined  not 
le.<(s  than  twenty-tive  dollars  nor  more  than  one  hundred  dollars  for  each 
ami  every  olVense.  Nothing  herein  shall  he  construed  to  prevent  the  addi 
lion  (if  sufxar  in  the  manufactiiie  ol  i  niideiised.  preserved  or  evajiorated 
milk,  when  it  is  so  stated  on  the  hiliel.      tlh..  sec.  L'd.  i 

.S.I-  .■)(ii  Herniations  as  to  lHitt«M*niilk — vi«>lation  niisth'- 
inranor — itt'nalt>.  .Nnihinj;  in  this  nrdiiiaiice  shall  he  so  constiiii'd  as 
to  prohihit  the  use  or  .sale  of  what  is  known  as  Imt  ter  milk,  provided  the 
name  is  produced  from  pure  and  wholesome  milk.  No  hutleriiiilk.  however, 
shall  1k>  s(dd,  kejit.  olTered  for  .sale,  e.xcliaiifred.  or  transported,  conveyed 
or  carried,  cu'  he  in  the  care,  custody,  control  or  |>ossessioii  of  any  one,  with 
the  intent  as  aforesaid,  which  is  not  the  product  of  pure  and  wholesome 
milk,  and  has  heen  kept  at  the  temperature  provided  for  in  this  article  for 
sweet  milk.  .\ny  person  violaliii};  any  of  the  provisions  of  this  section 
shall  Im-  dei-med  •ruilfy  of  a  misdemeanor,  and  on  conviction  thereof  he  lined 
not  less  than  twenty-live  dollars  nor  more  than  one  hundred  dollars  for  e.-ich 
and  every  offen.se.     i ///..  sec.  21.) 


678  REVISED    CODE    OR   GENERAL   ORDINANCES.  [CHAP.    11. 

Sec.  505.  Regulations  as  to  skimmed  milk — violation  misde- 
meanor— penalty. — The  following  regulations  shall  govern  the  sale  of 
milk  known  as  skimmed  milk: 

First.  All  milk  which  contains  not  less  than  ten  and  five-tenths  per 
cent  of  total  solids  and  one  and  five-tenths  per  cent  butter  fat,  which  is  of 
a  specific  gravity  betweeu  one  thousand  and  thirty-two  and  one  thousand 
and  thirty-eight,  which  is  free  from  foreign  additions  of  any  kind,  and  any 
evidence  of  decomposition,  which  is  stored,  transported  and  delivered  to 
purchasers  at  the  temperature  provided  in  this  article  for  sweet  milk,  shall 
be  known  as  skimmed  milk,  and  may  be  lawfully  sold  as  such  under  the  fol- 
lowing regulations: 

(a)  All  vessels,  cans  or  j)ackages  from  or  in  which  milk  is  delivered 
or  sold  shall  be  distinctly  marked  in  a  conspicuous  place  above  the  center 
on  the  outside  of  each  container,  with  the  words  "skimmed  milk"  in  uncon- 
densed  Gothic  letters  not  less  than  one  inch  in  height. 

(b)  All  wagons  or  vehicles  from  or  in  which  skimmed  milk  is  sold  or 
delivered  shall  be  jjlainly  marked  on  both  sides  of  each  vehicle  by  a  sign  in 
letters  not  less  than  three  inches  in  length  with  the  words  "skimmed  milk." 

(c)  Each  store,  depot  or  other  jdace  where  skimmed  milk  is  sold  shall 
have  displayed  in  i)lain  view  of  any  one  enteriug  the  premises,  a  sign,  the 
lettei's  of  which  are  not  less  than  two  inches  in  height,  reading  ''skimmed 
milk." 

(d)  All  persons  selling  or  delivering  skimmed  milk  shall  jihice  ujion 
each  vessel  or  container  into  which  such  milk  is  measured,  transferred  or 
delivered,  a  label  or  "sticker"  one  inch  by  two  inches  iu  size  upon  which  is 
printed  in  heavy  faced  Gothic  letters  the  words  "skinnned  milk"  with  such 
other  matters  as  the  city  chemist  may  prescribe  to  ])ievent  its  use  instead 
of  whole  milk  for  infant  feeding. 

(e)  Manufacturers  who  nmke  affidavit  iu  the  form  to  be  prescribed 
by  the  city  chemist  that  the  skimmed  milk  they  handle  will  not  be  sold  at 
retail  as  milk,  but  is  solely  used  for  manufacturing  purposes,  shall  be  ex- 
empt from  the  foregoing  jjrovisions. 

(f)  Any  person  who  shall  exchange,  or  ha\e  siuh  in  his  ])()Ssession 
with  intent  to  sell,  exchange  or  deliver  skimmed  milk,  in  any  manner  other 
than  as  above  j)rescribed,  shall  be  subject  to  the  same  penalties  as  ai'e  ])ro- 
vided  for  tiie  sale  of  whole  milk  in  (pmlity  contrary  to  this  article. 

Any  person  or  persons,  firm  or  corporation,  violating  any  of  the  i>rovi- 
sions  of  this  section,  or  who  fail  to  comply  with  any  of  the  regulations  as 
provided  for  in  this  section,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
ujion  ((uiviction  shall  be  fined  not  less  than  twenty-five  dollars  nor  more 
than  one  hmidred  dollars  for  each  and  every  otfense.     ( Ih.,  sec.  22.1 

Sec.  ")06  Sale,  earryinff,  disposal,  etc.,  of  milk  and  eream 
prohibited  within  certain  time  of  parturition— not  to  be  mixed 
with  other  milk  or  cream— penalty. — No  milk  or  cream  shall  be 
sold,  kept,  oft'ei-ed  or  ex])osed  for  sale,  stored,  transjiorted,  exchanged,  car- 
ried, delivered  or  any  manner  disposed  of,  drawn  from  cows  williiii  fifteen 
days  bcf'oi-e  or  twelve  days  after  jiarturition,  nor  shall  the  same  be  mixed 
with  any  other  milk  or  cream  for  such  pur])0ses. 

Any  one  so  otfcnding  shall  be  guilty  of  a  misdemeanor  and  on  convic- 
tion thereor  shall  be  fined  not  less  than  twenty-five  dollars  nor  nu)re  than 
one  limidrcd  dollars  I'or  each  and  everv  olfensc.      [/Ii..  sec.  23.) 


Altr.   v.]  OK  INSPECTION  OK  MILK.  079 

Sec. 507.  Denials  t<K»r  interlVrt'iico  with  aiitliori/.iMl  porsoiiM  in 
♦lutit'H  prcsi-ribiMi  in  ar(i<'l«'  niisdcint'anoi* — |><>nal(,v. —  It'aiiy  pi  isou 
or  [icrsons  ifliisi'  lo  ri>in|ilv  willi,  or  \\iliriill\  tdiiiiixc  ai.  or  assist  in  a  vio- 
laliuii  of  aii.v  of  tilt'  |ii'((visiuns  of  tiiis  article,  or  wliocvcr  in  any  inamicr 
intcrrt'i'cs,  iiindcrs,  ohsiriicts,  delays,  resists,  denies,  prevents  or  in  any  way 
interferes  or  attempts  to  interfere  with  the  eity  iheinist,  assistant  eity 
elieinist  or  milk  inspectors,  or  police  officer  iu  the  [lerformance  of  any  duty 
herein  enjoined,  or  shall  refuse  to  permit  such  ofticials  or  others  to  jier- 
foriu  their  duty  by  refiisiiif;-  them  or  either  of  them  (Mitrance  to  any  prem- 
ises where  milk  or  cream  is  stored  or  k(>pt,  or  where  cows  are  slahlcd  or 
kept,  or  refuses  to  permit  any  animal  to  lii'  viewed  or  ins|iecled  or  any  milk 
or  I'l'eam  to  1m>  viewed,  inspected,  tested  or  analyzed,  or  samples  to  he  taken 
for  such  jiurposes,  or  conceal  any  milk  or  cream,  or  any  milk  wagon  driver, 
milk  peddler,  or  milk  vendor  wlio,  with  his  wajion,  carriajje  or  vehicle  con- 
tainiiifi  milk  or  cream,  or  any  person  deliverino;  milk  or  cream  hy  hainl.  runs 
or  drives  away,  or  attemjits  (o  run  or  drive  away,  or  conceals  or  attemiils  to 
conceal  any  milk  or  cream  in  his  possession,  custody,  cai'e  or  control,  from 
any  of  the  officers  aforesaid  on  heinji  aiijiroached,  or  hailed  or  addres.sed  \>\ 
any  of  such  oflicers  in  the  performanci'  of  their  duties,  shall  be  deciiicd 
fiuilty  of  a  misdemeanor  and  lined  not  less  than  twenty-five  dollars  ikm-  more 
than  one  liuiidred  dollars  for  each  and  every  otfense.     (lb.,  sec.  24.) 

Sec.  'iOS.     Ofticer  or  employe  «'«>iinivinf; — line— forfeiture  of 

oflice. — Any  officer  or  empU)ye  of  the  city  chemist  who  willfully  connives 
at  or  assists  in  a  violation  of  the  provisions  of  this  article  shall,  on  convic- 
tion thereof,  be  i>unished  not  only  by  a  fine  not  less  than  one  hundred  dol 
lars,  but  also  liy  a  forfeiture  of  his  office  upou  such  conviction,  as  provided 
by  law  aiii!  liiis  article,      ill).,  sec.  25.) 

Sec.  7)09.    Confiscation  of  l»a<l  milk— otiieers  protect e«l  aj;ainst 

loss. — All  milk  and  cream  from  sick  and  diseased  cows,  or  thai  is  danp'r- 
ous  or  that  may  atl'ect  or  be  detrimental  to  life  or  health,  shall,  upon  dis- 
c()very  thereof,  by  analysis  or  test  made,  be  confiscated,  forfeited  and  im- 
mediately destroyed  by  or  under  the  direction  of  the  city  chemist  or  his  as- 
sistants, who  shall,  if  done  in  <;ood  faith,  be  held  harmless  in  damaj^es 
therefor,  in  anv  suit  or  demand  made,  and  be  protected  iu  his  action  bv  the 
Oity  of  St.  Loiiis.     {lb.,  sec.  26.) 

Sec.  .")1().  Si«'k  <<>ws  to  be  reported — sick  horses  also — viola- 
tion niisilenieanor— penalty — .Viiy  i>ersoii,  tirm  or  cori)oralioii  having 
in  possession  a  sick  or  diseased  <dW,  sliali  forthwith  report  said  fad  at  the 
oftii-e  of  the  city  chemist,  who  shall  thereupon  at  once  make  examination 
thereof.  Any  sick  horse  or  other  animal  kept  in  or  about  stables,  premises 
or  places  where  niilcli  cows  are  kept  or  milkcMl  shall,  in  like  manner,  be 
reported. 

For  any  failure,  neglect  or  delay  in  so  re])orliug  any  diseased  cow. 
lior.se  or  otlier  animal  the  oll'eiider  shall  be  deemed  guilty  of  a  misdemeanor 
and  ]>unished  by  a  line  of  not  less  than  twenty  live  dollars  nor  more  than 
one  hundred  dollars.      <  fh..  sec.  27.1 

Sec.  .')ll.  .'Maniilact iii'«-r  of  milk  adulterations,  colorin^^'s,  pri'- 
si'rvatives,  <»t<'.,  v:nilt>  of  misdemeanor— penalty. — Any  person  who 
shall  manufacture mpoiiiid.  use,  sell  orollVr  to  sell  miy  milk  or  cream  adulter- 
ations or  preservative  or  nny  compound,  coloring  imitter,  or  substance  whatever 
for  the  purpose  of  artifieinlly  preserving  the  sweetness  or  increasing  tiie  quality 


ggO  RKVISKD    CODE    OR    OKNKKAL    <  )HI HXAXCES.  [CHAP.    11. 

of  milk  or  cream,  or  for  auy  otlun-  [nn-jxisc  in  couuectiou  with  milli  or 
cream,  sliall  be  deemed  guilty  of  a  misdemeauor  and  on  conviction  shall  be 
punished  bv  a  fine  of  not  less  than  tifty  dollars  nor  more  than  one  hnndicd 
dollars  for  each  and  every  offense,     ill).,  sec.  28.) 

Sec.  ol2.  Inspection  of  places  where  coavs  are  kept — if  re- 
qnirenients  not  complied  vvitli  to  notify  owner — until  objections 

abated  milk  not  to  be  sold,  et<* removal  of  diseased  animals — 

violation  misdemeanor — penalty. — The  city  chemist  shall,  as  often  as 
deemed  necessary,  and  at  least  once  a  month,  in  person,  inspect,  view,  or  ex- 
amine, or  detail  and  direct  the  assistant  city  chemist  or  milk  inspectors  to 
inspect,  view  and  ex;imine  all  stables,  houses,  barns,  buildings,  erections  or 
establishments,  or  places  of  any  kind,  and  lots  and  pastures  where  cows 
are  kept  or  fed,  whose  milk  or  cream  therefrom  is  sold,  used,  delivered  or 
disj)Osed  of  in  the  city,  as  also  the  food  such  cows  are  fed,  and  the  health 
and  condition  of  such  cows,  and  make  notes  and  a  record  thereof  in  the 
books  of  the  deitartment.  If  any  such  cows  are  not  fed  upon  good  and 
wholesome  food,  or  are  fed  upon  food  l)y  this  article  prohibited,  or  are  k(»pt 
in  an  unclean,  unhealthy  or  bad  condition,  or  such  stables  are  not  properly 
ventilated,  cleaned  and  whitewashed  when  needed,  or  are  not  placed  in 
proper  sanitary  condition  and  kept  so,  then  the  officer  or  officers  shall  so 
notify,  verbally  or  in  writing,  the  owner  or  keeper  of  such  cows,  or  stables, 
or  other  premises,  and  if  any  such  owner,  keeper  or  person  shall  not  at  once 
cease  to  milk  any  cow  in  an  unhealthy  or  bad  condition,  or  shall  refuse, 
neglect  or  delay  to  at  once  jtroceed  to  ventihue  or  clean  such  stables,  or 
whitewash  them  when  needed,  or  jdace  tliem  in  jirojier  saiiiiarv  condition, 
the  milk,  cream  or  products  from  such  cows  shall  not  be  sold,  offered  for 
sale,  expo.sed  for  sale,  or  in  any  manner  be  disposed  of  until  cvciy  such  oh 
jection  thereto  is  abated  and  removed  and  ke])t  so,  and  every  urd(M-  or  direc- 
tion so  made  be  faithfully  and  fully  coni]>lied  with. 

If  any  disea.sed  cow.  horse  or  other  animal  shall  rherein  or  thereat  be 
found  it  shall  be  ordered  promptly  removed  therefrom  to  a  place  of  safety 
out  of  and  beyond  the  reach  or  range  of  contagion  or  inl'eciion. 

F'or  any  violatiitn  of  the  ju'ovisions  of  this  section  the  offender  shall  be 
deemed  guilty  of  a  misdemeanor  and  on  conviction  thereof  be  ffned  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dollars  for  each  and  e>'ery 
offense.       {Ih..  sec.  29.) 

See  section.s  R.  C.  .^21  to  523.  See  also  next  article  relating  to  regulation.s 
of  dairies  and  cow  stables  which  in  large  measure  impose  on  the  Sanitary 
division  of  the  Health  Department  tlie  same  duties  above  imposed  on  the 
City  Cliemist's  office. 

ARTICLE  VI. 

OF    RKGUL.^TION   OF    D.AIRIE.S    .A..X1>    COV^"    STABLE.S.' 
•For  dairy  at  poor  house  see  R.  C.   sees.   782-793. 

Sec.  513.  Provisions  herein  controllins'. — All  dairies,  cow  stables 
and  cow  lots,  in  the  City  of  St.  Louis  shall  conform  to  and  be  managed  and 
regulated  as  shall  be  provided  for  by  this  article,     i  M.  C,  sec.  538.) 

See  also  section  512  preceding.  Ordinances  regulating  cows,  dairies,  cow  sta- 
bles and  sales  of  milk  are  valid  as  an  exercise  of  the  police  power.  See  cases 
cited  in  preceding  article  on  milk  inspection,  etc.:  also  Fischer  vs.  St.  Louis,  194 
U.  S.  361.  1.  c.  370.  affirming  St.  Louis  vs.  Fischer.  167  Mo.  651.  But  a  dairy  is  not 
a  nuisance  per  se:  see  McDonough  vs.  Rohhens.  60  Mo.  App.  156;  State  vs.  Boll. 
59  Mo.  321;  see  as  to  when  it  is  pronounced  a   nuisance:   sec.   521. 


ART.    VI.  I  OK   RlCGl'I-ATIo.N   i>|-    |iAli:li;s    AND   COW    STAHI.IOS.  (jgl 

Sei'.  .")ll.  Sanitary  otlic«>rs  (o  iiisiM>ct.  —  It  shall  lie  ilu-  dmy  of 
tlic  saiiiiarv  uriiccis  of  ilic  lirallli  (lt'|iarl  iiiiMit  lo  iiispccl  all  slaliles,  liariis, 
liiiildiiifis.  sheds  and  all  plates  of  any  kind.  In(lndln;i-  lots  and  jiasliircs 
wlii'ic  cows  are  kt'|il  or  fed,  whose  inilU  or  ci-eani  is  sold,  used,  delixercd  or 
dis|)osed  of  in  (he  V\t\  of  St,  l.onis,     i.M.  (",,  sec.  ."):!!».  | 

Sec,  .")l-">.  Cow  stabU's  and  !«)<  (<»  !»«'  k«'|»(  clj'aii — cooling 
milk. -All  cow  slahlcs  shall  he  washed  oiil  and  I  horoiij^hly  cleaned  al  least 
once  a  day,  ami  all  cow  lots  or  cow  yarils  shall  he  cleaned  once  a  week.  No 
li(|uid  disciiarj;e  li-oin  any  cow  slahle  of  dairy  of  cow  lot  shall  lie  conducted 
or  placed  on  any  pulilic  or  jifixate  proiierty  of  into  an\  streani  or  water 
coni-se  within  the  limits  of  the  city.  All  dairies  and  milk  depots  shall  have 
snitahle  Cacilities  Cor  tiie  keejiiiif;  and  cooliiifi  of  milk,  .\ll  persoihs.  lirnis 
or  corporations  who  own  or  keep  a  dairy  or  cow  lot  shall  maintain  the 
|(remises  (vvv  (vuwi  any  accinnnlation  of  maimre  or  rel'iise  whateNcr.  lOverv 
person,  tirm  or  coriiorat  ion  violating  the  pro\  isiotis  ol'  this  section  shall  ln« 
deemed  };iiilt.\'  of  a  misdemeanor,  and  upon  conviction  shall  lie  lined  not  less 
tlian  twenty-live  dollars  nor  more  than  one  hniKlred  dollars  for  each  and 
every  otl'ens(>,     I  .M.  ( ',.  sec,  "14(1.1 

See.  .'ilti.     Dairy   and   <•«)«   slal>l«'s  to  <-oniu'('t    with  sewers — 

»'a<«'h  basin.-  No  daif\  or  cow  stahle  shall  lie  herearter  elected  of  estab- 
lished unless  it  will  have  coiinectioti  with  the  city  sewer  system,  if  snch  Ite 
|iraclicalile.  No  dairy  shall  lie  allowed  lo  discliarfie  into  any  public  district 
or  private  sewer  any  manure  or  any  substance  that  may  cause  said  sewer 
to  choke  up,  and  no  dairy  shall  have  connection  with  any  ])ul)lic  district  or 
jirivate  sewer  excejit  tiiroujrh  two  intervenin<;-  catch  liasins  of  siuli  kind  so 
as  to  prevent  any  straw,  hay  or  niamire  rroni  eiiteriiif;  the  sewer,  .\ny  jier- 
son  interlerini;  with  said  catch  basins  or  failinj;  to  construct  said  catch 
liasins  Of  \iolatiiij;  any  of  the  iirovisions  of  this  section  shall  be  d(>emed 
nuiliy  of  a  misdenieanor.  and  u|>on  conviction  shall  be  lined  not  less  than 
twenty-five  nor  more  than  one  linudreil  dollars.     (  ,M.  (",.  sec.  ."41.) 

See.  .M7.     Pt'rniission   to    «mmuIii4-(    }>;ran<»Ml    by     oi'dinanci'. — 

No  dairy  or  cow  stable  shall  hereafter  be  erected,  built  or  established  within 
the  limits  of  this  city  without  tirst  havin<;  obtained  jiermission  so  lo  do 
from  the  ninni<'ipal  assembly  by  jiroper  ordinance,  and  no  dairy  or  cow  st;i- 
bl(>  not  in  o]ieration  at  the  time  of  the  aiijiroval  of  ordinance  number  lS4(t7 
shall  be  maintained  on  any  premises  unless  |iermission  so  to  do  shall  have 
Immmi  obtained  from  the  munici|ial  assembly  by  |ifopef  ordinance.  .\ny  per- 
son vidlatin;;  any  of  the  provisions  of  ihis  section  shall  be  deemed  i,'iiilty  of 
a  misdemeanor,  and  u|ion  coii\iction  shall  be  tiiiecl  not  less  than  one  hun- 
dri'd  nor  more  lliaii  live  hundred  dollai-s.      i.M.  ('..  sec.  .")4l.'.  i 

Tho  ordlnanco  was  approved  April  6.  1906.  Tills  Is  a  valid  cxiTclse  <if  the 
pollif  power;  till-  valldlt.v  of  tlii-  ordinance  was  sustained  against  numerous 
t-harterlal  and  ctmstltutlonal  objections  sought  to  he  Invoked  against  it  in  both 
state  and  federal  courts:  Fischer  vs.  St,  Louis.  19(  U.  S.  ,1fil.  afllrmlng  167  Mo. 
654;  St.  I»ul8  vs.  Schefe.  167  Mo,  66,6,  afflrnied  In  Schefe  vs.  St.  Uiuls.  194  U,  S.  373, 

See.  .')1H,      .Vpplicat  ion  lo  establisli  t«»  roinniissioniT  of  |MibIi<' 

bnildin};!4.  —  Itefme  the  comniissioner  of  |iiililic  biiildin^is  shall  issue  a  per- 
mit for  the  erection,  building'  or  establishment  of  any  dairy  or  cow  slanle, 
there  shall  be  made  to  him  in  dujilicate  by  the  person  or  |iarlies  so  desirinj; 
to  do.  an  ap]dication  in  wriliiij;.  to  which  shall  be  attached  a  certified  cojiy 
of  the  ordinance  };i\in;;  the  permission.     The  ajiplicai  ion  shall  set   forth: 

First — The  location  of  the  pro|)osed  dairy  or  cow    stable. 


682  REVISED    CODE    OR    GENERAL    ORDINANCES.  [CHAP.    11. 

Second — The  uame  of  the  party  or  parties  proposing  to  go  into  the 
dairy  business. 

Tliird — The  name  or  names  of  the  owner  or  owners  of  the  ground  ou 
whicli  the  dairy  or  cow  stable  is  to  be  located. 

Fourth — The  number  of  cows  proposed  to  be  kept. 

Fifth — The  size  and  dimensions  of  the  stable. 

Sixth — The  dimensions  and  boundaries  of  the  lot  or  pasture  in  which 
the  cows  are  to  be  turned  out. 

Seventh — Whether  the  cow  stable  can  be  connected  with  the  sewer  sys- 
tem of  the  city  or  not. 

Eighth — If  it  cannot  be  connected  with  the  sewers,  what  arrangements 
exist,  if  any,  for  the  removal  of  manure  and  liquid  from  the  stable. 

Ninth — Whether  the  stable  can  be  supplied  with  city  water,  and,  if 
not,  what  arrangements  exist  for  cleaning  out  the  same.  The  commissioner 
of  public  buildings  shall  forward  one  of  said  applications  to  the  health 
commissioner,     lil.  <".,  sec.  543.) 

Sec.  519.    Regulations  in  constrncting  cow  stables. — All  cow 

stables  hereafter  erected,  built,  or  established  shall  comply  with  the  fol- 
lowing regulations:  All  single  stalls  shall  be  at  least  three  feet  wide, 
double  stalls  six  feet  wide,  and  all  stalls  shall  be  at  least  seven  feet  long; 
the  height  of  ceilings  from  the  floor  shall  be  at  least  eight  feet;  the  floors 
must  be  of  tight  plank  or  be  paved  with  brick  or  stone,  laid  in  cement  if 
paved  with  brick  or  stone,  then  the  earth  below  it  shall  be  sufficiently  solid 
to  prevent  its  becoming  a  receptacle  of  filth  and  offensive  matter;  the  floors 
of  the  stalls  shall  slope  down  into  a  drain  or  gutter,  which  shall  be  at 
least  twelve  inches  wide  and  four  inches  deep,  and  said  drain  or  gutter 
shall  connect  with  and  lead  into  a  sewer  through  two  intervening  catch 
basins  or  tightly  cemented  cesspool,  so  that  waste  matter  can  be  carried  or 
hauled  away.  Openings  for  ventilation  must  be  placed  on  at  least  two  sides 
of  the  building,  with  openings  not  less  than  two  feet  square  fcU"  every 
double  stall  or  two  single  stalls,  and  there  must  be  roomy  ventilators  in 
the  roof  not  less  than  one  for  every  twenty  feet  or  fraction  thereof,  in  the 
length  of  the  building.  All  cow  staVjles  hereafter  to  be  ]>uilt  or  established, 
except  the  entrance  from  or  exit  to,  with  street  or  alley,  or  easement  or 
passageway,  shall  be  at  least  three  feet  away  from  the  building  line.  Any 
persons  violating  any  of  the  provisions  of  this  .section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  ujxtn  conviction  thereof  be  fined  not  less 
than  fifty  dollars  nor  more  than  one  hundred  dollars  for  each  and  every 
day  the  work  is  done  thereon,  or  said  cow  stable  used  as  such,  each  day  of 
which  shall  constitute  a  separate  and  distinct  ott'ense.     (M.  C,  sec.  .344.) 

There    seems    to    be   an    error    in    the    enrollment    in    tlie    provision    for    entrant-t- 
or exit,  -which   is  not   clear.    For  dairy   established   at   Poor  House,   see   ord.    20D5:!. 

Sec.  520.  Same — alterations,  etc. — In  the  construction,  alteration 
and  improvement  of  all  cow  staliles,  arrangements  for  proper  ventilation, 
light  and  drainage  shall  be  made,  and  all  alterati(ms  and  improvements 
in  cow  stables  now  constructed  shall  be  made  to  conform  with  the  ])ro- 
visions  in  relation  to  new  stables,  as  jn'ovided  in  the  next  ju-eceding  section. 
(M.  r.,  .sec,  .'45.) 

Sec.  521.  When  nuisance. — All  dairies  or  cow  stables,  now  erected 
or  established,  when    fuiiiid   to  be  so  badlv  lighted  or  ventilated  as  to  be 


AUT.    VI  1  OK    Ri:i;i-I.ATION   OV   DAIRIES   AND   COW    STABLES.  683 

injurions  or  imliealtliy  for  cows,  or  not  provided  with  legal  catch  basins  or 
tifilitly  (■(•iiiciiied  cesspools,  so  that  waste  matter  can  be  carried  or  hauled 
away,  oi-  sliall  be  conducted  in  an  uncleanly  manner,  shall  be  deemed  a 
nuisance.      (  .M.  C,  sec.  .">4ti. ) 

See   (IS   to   dairle.s  ami   cow   stables   being   nuisances   note   to   sec.  613. 

Sec.  522.  Notice  to  show  cause— hearing. — It  shall  be  the  duly 
of  the  board  of  healili  when  any  report  shall  be  made  of  the  bad  or  im- 
lirojier  cons! ruction  of  any  dairy  or  cow  stable,  or  of  any  nuisance  created 
iiy  any  dairy,  cow  stable  or  cow  lot.  to  notify  the  owner  or  proprietor 
tliei'cof  to  show  cause  before  the  said  board  of  health,  at  the  time  and  ])Iace 
siiecitied  in  said  iiotii-e,  why  said  dairy  oi'  cow  stable  should  not  be  altered 
or  chan<;ed,  or  such  defects  remedied  or  nuisance  removed,  which  notice 
for  the  party  complained  against  to  appear  shall  be  served  at  least  five 
days  before  tiie  date  specified  in  such  notice;  said  notice  shall  be  served  by 
Iea\ing  the  same  at  the  place  of  business  or  residence  of  the  parties  to  be 
atfected  thereby  by  some  olficer  or  person  duly  (pialilied  to  certify  to  such 
notice;  and  all  notices  of  this  kiiul  issued  by  the  board  of  health  shall  be 
.signed  by  the  iiresiding  olficer  of  the  board  of  health  or  the  health  com- 
missioner. At  the  time  tixed  in  said  notice  the  i)arties  may  appear  in  per- 
son or  by  attorney,  or  cause  may  be  shown  by  atfidavit,  and  if,  in  the  opin- 
imi  of  the  boaid  ol  health  and  health  commissioner,  no  good  and  sufficient 
vause  be  shown  why  the  said  nuisance  should  not  be  abated,  disc(uitinued 
or  removed,  or  said  cow  stables  reconstructed,  the  health  commissioner 
shall  order  the  said  parties  to  abate,  discontinue,  remove,  or  recoiistrui't 
the  same  within  sui-h  time  as  the  health  commissioner  may  deem  reason- 
able and  necessary.  If,  upon  the  hearing  of  the  affidavits  and  the  evidenct; 
adduced  in  the  case,  the  board  shall  find  the  facts  to  be  in  favor  of  the  par- 
ties l)efore  them,  and  so  de<'ide,  the  case  shall  be  dismissed.  (M.  C,  sec. 
r>47.  ( 

See.  r)J:i.  Penalty  on  failure  t«)  obey  order. — Any  person  of 
persons  failing  or  rel'using  to  obey  such  order  of  said  health  commissioner 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  l)e  fined  not  less  than  fifty  nor  more  than  five  hundred  dollars;  and 
such  person  or  i>ersons  shall  be  subject  to  like  fines  for  each  and  every  day 
he,  she  or  they  shall  continue  such  nuisance  or  fail  to  obey  the  order  of  the 
health  commissioner  after  the  expiration  of  the  time  specified  in  the  order 
of  the  health  commissicuier  for  the  abatement,  removal  or  discontinuance 
of  the  same.  The  lines  mentioned  in  this  article  shall  be  collected  as  other 
fines  and  paid  into  the  city  treasury.     (M.  C,  sec.  548.) 

« 

Sec.    524.     Veterinary  surj^eons  —  appointment — salary. — The 

health  coinmissioner.  by  and  with  the  apjiroval  of  the  board  of  health,  shall 
appoint  two  ]iractical  veterinary  surgeons  as  ins])ectors  of  live  stock,  who 
sliall  |)erl'orm  their  duties  under  the  immediate  supervision  of  the  chi(>r 
sanitary  olficer.  Said  veterinary  surgeons  shall  each  receive  a  salary  of  one 
hundred  and  .seventy-five  dollai"s  per  month,  and  shall  each  provide  himself 
with  a  horse  and  buggy  and  maintain  same  at  his  own  expense  for  the  ex- 
peditious performance  of  his  duties.  Said  veterinary  surgeons  may  be  dis- 
charged by  the  health  commissioner,  with  the  ajiproval  of  the  board  of 
health,  for  violation  of  rules  or  negle<'t  of  duly.     ( .M.  ('.,  sec.  o49.) 

Sec.  525.  Hond. — The  veterinary  surgeons  ap|)oinled  under  the  pro- 
visions of  this  article  shall  each  give  a  good  and  sulfiiient  bond  to  the  city 
in  the  penal  sum  of  five  thousand  dollars,  said  bond  to  be  approved  by  the 


684  REVISED    COPE    iJH    GEXICKAL    ORDINANCES.  [CHAP.    II 

iiia.\(ir  and  ((Hiiicil.  and  (lie  ((iiidii  inns  of  said  liond  shall  be  lliat  [said] 
vetei-inarv  siirux^ons  shall  well  and  lailhrullv  exectUc  and  perlonn  the  duties 
of  their  ol'tire;  i)i-ovid('<l  tliat  no  one  sliall  be  conipeTent  to  serve  as  bondsmen 
for  said  veterlnai-.v  suijieons  who  siiall  lie  either  directly  or  indirertly  inter 
ested  in  the  milk  <ir  dairv  litisiness.      i  .M.  ("..  sec.  550.) 

Sec.  52(5.  Authority  of  snrjfeons  ami  sanitary  otfii-ers — pen- 
alty.—  Said  veterinary  snr}j;eons  and  sanitary  otficeis  shall  ha\e  therigiit, 
and  it  sliall  be  their  duty,  to  liave  full  access,  egress  and  ingress  to  all 
places,  buildings,  cow  yards,  cow  lots  and  cow  stables  where  cows  are  kejit 
for  milking  purposes  or  ])ur])Oses  of  sale;  and  they  shall  have  the  right,  and 
it  shall  be  their  duty,  to  examine  all  cows  to  determine  whether  the  same 
are  sick  or  di.seased  or  have  been  exposed  to  or  have  been  contaminated  or 
attected  by  any  contagious  or  infectious  disease.  Any  jterson  or  jiersons 
who  in  any  manner  interferes,  hinders,  obstructs,  delays,  resists,  denies, 
prevents,  or  in  any  manner  interferes  or  attempts  to  iuterfere  with  said 
veterinary  surgeons  or  sanitary  officers  in  the  discharge  of  their  duties,  or 
any  person  or  persons  being  the  owner,  agent  or  manager  of  any  cow 
stable,  dairy  or  cow  lot,  or  any  building  where  cows  are  stabled  or  may  be 
kejit,  who  shall  refuse  to  permit  any  cow  to  be  viewed  or  insjiected  by  said 
veterinary  surgecuis.  oi-  who  attempts  to  conceal,  run  or  drive  away  any 
cow  sujiposed  to  lie  diseased,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall,  ujion  conviction,  be  fined  not  less  than  fifty  dollars  nor  more  than 
five  hundred  dollars  for  each  and  every  otfense.     (M.  C,  sec.  551.) 

Sec.  527.  Bad^e  of  veterinary  surg^eons.— Veterinary  surgeons 
shall  each,  when  on  duty,  wear  a  metal  badge  which  badge  shall  be  num- 
bered and  shall  have  the  words  "\eteiinary  Surgeon  of  Health  Itepartnient 
of  City  of  St.  Louis"  ]ilainly  marked  on  same.  Said  Viadge  shall  be  supjilied 
by  and  be  the  property  of  the  city,      i  M.  P.,  sec.  552.) 

Sec.   528.     Insi>eetion   of   cows    outside   eity — expenses. — The 

health  commissioner  is  hereby  empowered  to  recpiire  said  veterinary  sur- 
geons to  go  outside  the  corjiorate  limits  of  the  City  of  St.  Louis  to  any 
jioint  within  a  radius  of  one  hundi'ed  and  fifty  miles  to  examine  the  Jihys- 
ical  condition  of  cows  whose  milk  is  or  may  be  lirought  into  the  City  of  St. 
Louis  for  sale;  and  all  vouchers  for  traveling  expenses  incurred  by  said 
veterinary  surgeon,  or  surgeons  in  the  discharge  of  this  <luty,  when  signed 
by  the  health  commissioner  and  apjiroveil  by  the  board  of  health,  shall  be 
paid  out  of  the  fund  a]iiii-o]iriated  for  the  expense  of  the  board  of  health 
and  health  commissionei-.     iM.  C,  sec.  55."?.) 

Sec.  529.  3Iilk  of  diseased  cows — report — health  coiuinis- 
sioner  to  notify  citizens. — Wlwu  said  veterinary  surgeon  or  surgeons 
shall  find  any  cow  or  cows  in  a  dairy  from  which  daii-y  milk  is  brought 
into  this  city  for  sale  to  be  diseased,  they  shall  immediately  make  a  rejiort 
of  the  facts  in  duplicate:  one  of  said  re]iorts  to  be  delivered  to  the  health 
I'ommissioner  and  the  other  to  the  person,  firm  or  cor])oration  receiving 
and  disposing  of  the  milk  from  such  cows.  On  receijit  of  a  re{)ort  that 
milk  from  diseased  cows  is  lieiiig  brought  into  this  city  tiie  health  com- 
missioner shall  issue  an  order  forbidding  its  sale  in  the  City  of  St,  Louis 
until  such  time  as  the  health  commissioner  is  satisfied  by  approved  veter- 
inary certificate  that  such  di.seased  cows  have  been  separated  from  the 
balance  of  the  herd;  and  if  the  jiarties  who  shall  hav(>  been  .served  with 
such  orfler  fail  to  obey  the  same,  the  health  commissioner  is  hereby  em- 
powered to  give  notice  to  the  citizens  of  St.  Louis  through  the  newspapers 


AKT.    VI. 1  OV   RKOfl.ATIoN   ( )P    l>AIi:ii:s   ANI'   riiW    STARI.IOS.  (jyj 

lining'  iln'  rii\  |ii-iiii  iiij;.  slaiiii;;  ;ill  tin-  ImiIs  in  ilic  ciisc.  :iii(l  h>  wain  ilicni 
agiiiiist  llif  use  u(  sinli  milk.  .\\\<\  said  (laitics  iiiav  lie  pi'iMCfdcil  ay;aiii.st 
ill  llif  iiiamuT  |ir('.>*irilii'(l  l>\   the  [irm  isioiis  ul'  iliis  artic-li-.     i  .M.  ("..  sec.  ."i.")!.) 

Si'c.    .'):>(i.     IvcptM't,   \vlioii   cows  or  aiiinials  altoiil    «laii',\    are 

.sick.  Aii.\  pcr.sdii.  liiiii  ul-  I'tii'piii'alion  liaviiij;  in  |Missfssi<iii  a  sick  <»r  (lis 
ca.scil  cow  shall  I'di-lliw  illi  rc|iorl  said  Tact  at  tlic  oH'icf  ol'  llic  lii'allli  com 
inissiniicr.  who  shall  I  hiTciiixni  at  once  examine  or  diiTcl  aiiv  vclcrinan 
siii-;,'i'on  Id  make  cxamijial  ion  llicrcor.  Anv  si<-k  horse  or  olliei-  animal 
kept  in  or  almul  sialile,  pi'eiiiises  or  places  where  milch  cows  ar<'  kcjil 
or  milked,  siiall  in  like  manner  he  reported.  I'or  any  failure.  ne;;lect  or 
dela.v  ill  so  report  ill";  any  sick  or  disea.sed  cow  or  other  sick  animal,  tlie 
ollender  shall  he  det'iiied  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  he  tilled  not  less  than  twenty-live  dollars  nor  more  than  oui'  hiindri'd 
ilollars.      I  M.  (".,  sec.  TtiS't.) 

Sec.   .'):il.     Saiiic— action   oi  otlicial.s     when  cows  are  sick. — 

If  auy  cow  he  found  sick  or  diseased  the  owner  or  the  peisou  iu  charge 
thereof  shall  not  sell,  oiler  for  sale,  exchange,  deliver  or  keep,  expose  for 
.•sale,  exchanfje  or  deliver  the  milk  or  cream  thereof,  lint  shall  at  once  de 
stroy  the  same.  If,  in  the  opinion  of  the  veterinary  siirj;e(Hi  or  any  in- 
spector, said  cow  is  all'licted  with  a  contagions  or  infections  disease,  he 
shall  direct  the  owner  or  [ler.sou  in  charge  thereof  to  forthwith  remove  said 
i-ow  from  the  premises  to  a  (tlace  where  it  may  not  spread  or  cause  con- 
tagion or  infection.  Any  person  violating  any  of  the  provisions  o(  tiiis 
section  shall  he  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  he  lined  not  less  than  twenty-live  dollars  nor  more  than  one  hundred 
di>llars.  If.  in  the  oi)iiiioii  of.  and  after  an  exaiiiinatioii  hv.  the  veterinai-y 
surgeon,  said  cow  is  deemed  incnrahle.  and  the  owner  or  ]ierson  in  charge 
thereof  does  not  consent  to  its  heing  killed,  such  olVicial  shall  cause  two 
disinterested  and  experienced  jiersons  to  \iew  and  examine  the  same.  If 
said  Jiersons  agree  and  certify  in  writing  that  said  sickness  or  disease  is 
incnrahle  and  likely  to  sjiread  contagion  or  infection,  and  the  health  com- 
iiiissioner.  in  writing,  ajiproves  said  linding  and  judgments,  the  veterinary 
siirgeoii  shall  forthwith  kill  said  animal  and  see  that  the  carcass  is  re 
moved  and  so  disposed  of  that  it  cannot  he  solil  for  human  food.  If  cows 
in  any  dairy  located  outside  of  the  city  limits  arc  found  t<i  ha\e  any  con- 
tagious disease  the  veterinary  surgeon  shall  mail  a  notice  of  such  fad  to 
the  state  authorities.     (  M.  <".,  .see.  TiSG. ) 

Set',  ii'^-.     ('oiiiiivan<'«'  of   otiicer   or   <>in|>loye — penalty. — Any 

ofticer  or  emploxe  of  the  ('il\  ol  St.  Louis  who  willnllv  cuimives  at  or 
a.Hsists  in  a  violation  of  the  provisions  of  this  article  shall  he  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  he  |iunislicd  liy  a  tine  of  not 
less  than  one  hundred  dollai-s  nor  more  than  live  hiimlrcd  dollars,  and  shall 
at  once  forfeit  his  olTice,  as  provided  hy  law  in  this  article,  i  .M.  ( '..  sec. 
."i."iT.  I 

Sec.  5;i;i.     Smallpox,   <'1«'.,  in  lions*'  conne<-(e<l  with  «lairy. — 

\\'lienever  in  anv  Ikmim-  coiinccicd  with  an\  daii\  iIhtc  is  anv  case  of 
smallpox.  di|>litheiia.  scarlet  fexer  or  typhoid  lexer,  the  sale  of  milk  from 
such  dairy  or  depot  is  prohihiled  until  the  disea.se  has  terminated  and  the 
preniises  ftuiiigated.  Any  |ierson  violating  the  provisions  of  this  sei'tion 
shall  he  deeiiied  guilty  of  a  niisdenieanor.  and  upon  convicticui  thereof  shall 
Im-  tilled  not  less  than  fifty  nor  more  than  <ine  hundred  dollars.  Ol.  <'.. 
sec.  :,TtA.] 


686  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.   11 

Sec.  584.     Penalty — when  none  provided Any  person  failing  to 

comply  or  violating  any  of  the  jjrovision.s  of  this  article,  for  which  no 
special  penalty  has  been  prescribed,  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  upon  conviction,  shall  be  fined  not  less  than  twenty  nor  more 
than  five  hundred  dollars.     iM.  0.,  sec.  559.) 

ARTICLE  VII. 

OP    INSPECTION    OF    MEAT,    FISH,    VEGETABLES    AND    FRUIT. 

Sec.  535.  Office  for,  (treated. — There  is  hereby  created  the  office 
of  inspector  of  meat,  fish,  game,  poultry,  vegetables  and  fruit  within  and 
for  the  City  of  St.  Louis.     (M.  C,  sec.  486.) 

For  Charter  authority   see  Chart.,   Art.   III.   sec.   26.   clause   7. 

Sec.  536.     Four  inspectors  to  be  appointed — qnalifications. — 

The  health  commissioner,  with  the  approval  of  the  mayor,  shall  appoint 
four  inspectors  of  meat,  fish,  game,  poultry,  vegetables  and  fruit,  all  of 
whom  shall  be  ju-actical  butchers,  and  one  of  whom  shall  act  as  clerk. 
(M.  C,  sec.  487.) 

Sec.  537.  Bonds  of  inspectors. — The  inspectors  shall  each  give 
bond  in  the  sum  of  four  thousand  dollars,  with  two  or  more  solvent  sure- 
ties, to  be  approved  by  the  mayor  and  council,  and  conditioned  for  the 
faithful  discharge  of  the  duties  of  his  office.     (M.  C,  sec.  488.) 

Sec.  538.  Salaries. — The  inspectors  shall  each  receive  a  salary  of 
one  hundred  dollars  jier  mouth,  payable  monthly.     (51.  C,  sec.  489.) 

See.  539.  Horse  and  buggy. — The  inspectors  shall  each  provide  a 
horse  and  wagon  and  maintain  the  same  at  their  own  expense  for  the  expe 
ditioii  of  business  of  inspecting  meat,  fish,  game,  poultrv,  vegetables  and 
fruit.      (M.  C,  sec.  490.) 

Sec.  540.  Duties  of  inspectors.  — The  inspectors  shall  perform 
such  duties  as  may  be  jjrescribed  by  ordinance,  or  required  of  them  by  ihe 
health  commissioner  or  board  of  health.     ['SI.  C,  sec.  4'.ll.) 

Sec.  541.  Power  of  inspectors. — Said  inspectors  shall  have  power 
to  enter  all  markets,  stores,  houses  or  other  places  where  meat,  game- 
poultry,  fish,  vegetables  and  fruit  are  offered  for  sale  for  human  food. 
^\'llell  such  meats,  game,  poultry,  fish,  vegetables  and  fruit  ai-c  found  on 
inspection  to  be  tainted,  diseased,  corrupted  or  unwholesome  from  any 
catise,  said  inspector  shall  condemn  il  as  unfit  for  human  food,  mutilate  or 
mark  it  in  such  manner  as  tliey  may  deem  best  to  indicate  its  condemna- 
tion, and  order  the  sjnnc  to  he  immedintclv  dis])osed  of  otherwise  than  for 
food.     (M.  C.  sec.  4!)L'.  I 

Sec.  542.     Duties  of  those  having  tainted  articles — penalty.. 

— Any  person,  firm  or  corporation  having  in  his,  their  or  its  possession  any 
meat,  poultr.y,  game,  fish,  vegetables  or  fruit  which  is  tainted,  diseased, 
corrupted  or  unwholesome  from  any  cause,  shall  inform  the  health  com- 
niissionei',  in  writing,  under  oath,  within  forty -eight  hours  after  notification 
by    (he   ins])ectors,  as   to   what    disposition   has   been   nuide   of  such    meat. 


ART.    VIII. 1  OF  POISONS.  IJ87 

|j(pulirv,  j:aiiif,  tisli,  \cj;i'lalilt's  ov  Iriiil,  ami  aii,\  siirli  ijitsom,  linn  or  cor- 
jioratiiiii  raiiiii;;  lo  ituniilv  with  tlic  |jr(i\  isiims  ul'  lliis  arlicl(>  shall  he 
deoiiu'd  j;iiilly  of  a  niisch'iucaiior,  and  ii|i(iii  cihin  iilii)ii  llicrcc*!'  shall  he  lined 
not  less  ihaii  liri\  dolhirs  nor  iiun-e  Ihaii  li\('  Inindred  dollars.  (.M.  (1,  sec. 
49:?.) 

Keopliip  pvitrlii  meat,  i^-tr..  on  prenil.sos  nuisaTKM>.  etc..  see  sec.  .'VOO. 

See.   54:i.     roiialt.v    for   olli'riiij'-   for   .sal«'  tainttMl   ai'ticles. — 

\n\  ]iersoii,  tiriii  or  eorporatioii  who  shall  oiler  lor  sale  to  eoiisuiners  for 
liiiinaii  food  any  meats,  j;aiiie.  (MHillrv.  lisli.  vej;etal)les  or  Iriiit  that  are 
tainted,  disea.sed,  corruiiled  or  iiiiw  holcsoine.  oi-  meats  from  any  eat  tie. 
hoi;s,  shee|i  or  calves  that  were  uiisonnd,  sick,  dis(>ased  or  oul  of  condition 
at  the  time  they  were  slaughtered,  sliall  be  gnilty  of  a  mi.sdemeanor, 
and  uipon  conviction  thereof  shall  he  fined  not  less  than  lifty  dollars  nor 
more  than  live  luindred  dollars.     1  .M.  ('..  sec.  494.) 

Sec.  544.  Publication  of  naiuos  <»f  ollVudor.s. — Any  person,  rnni 
or  corjioration  who  shall  be  comirlrd  of  any  olfeiise  under  s(>ctions  ."ill.' 
and  .">4."{  shall  ha\e  ilicir  names  iiml  places  of  Inisiiiess  iiublished  by  the 
health  commissioner  consiiicuonsly  in  not  loss  tlian  two  Ihiglish  and  two 
(lermaii  ]ia]iers,  ]iiiblishe(l  in  this  city,  for  tliree  days.     (.M.  ('.,  sec.  4!t.'j.) 

AKTICl.l':   \"lll. 

OF  POISONS 

See.  545.  Poisons — re}rulati<)ns  of  sale. — It  shall  not  be  lawl'ul 
for  any  ](erson  to  sell  any  drugs,  medicines,  chemicals  or  any  other  article 
which  may  prove  fatal  or  injurious  when  taken  internally  oi'  used  externally 
by  any  jierson  if  taken  in  such  (|uanlities  that  it  is  jiossiblc  loi-  any  |iersoii 
to  take  siicii  meilicine,  drug  or  other  article  by  mistake  withoui  disco\cring 
siuh  mistake,  unless  tlie  same  shall  be  jilainly  labeled  ••j)oison,"'  and  with 
the  name  of  the  article;  in  addition  to  tlie  word  "poison"  such  label  shall 
contain  a  skull  and  crossl)ones,  so  as  to  indicate  to  any  person  handling 
such  article  that  it  is  ]>oisonous,  and  in  no  case  shall  nuy  ]ioisonous  aiticle 
be  s(dd  to  a  minoi'  or  other  irresponsible  jhm'sou,     (  M.  ('.,  sec.  ~A\1.) 

See.  546.     Abortions — sale  of  drwffs  wliicii  prodiu-e  foi'bi<Iden. 

— Xo  ]ierson  shall  be  pei'mitted  to  sell  any  drug,  medicine  or  other  article 
wliich  is  known  by  the  luedicil  profession  to  produce  abortions,  or  lliat 
may  liave  a  tendency  to  destroy  (he  human  foetus.     ( M.  ('.,  sec.  513.) 

Sec.  547.    Prescriptions  of  ri'ffistoreil  {graduates  excepted — The 

before-named  sections  shall  not  apply  to  ]U'escri]itioiis  of  graduates  of  any 
medical  school  that  have  registered  at  llie  olVice  of  the  board  of  health;  a 
list  of  the  tiames  of  llie  resident  ]ihysicians  <if  the  cjty  shall  be  furnished 
any  druggist  or  apothecary  within  the  city  limits  on  a])plicat  i<ui  to  the 
l>oard  of  health.     (.M.  (".,  see.  ril4.) 

S.c.  54s.  Pois<»nsto  be  sold  only  on  pr«'s<-i'ipt ions. — Xo  apoth- 
ecary, druggist  or  other  i)erson  within  this  cit\  shall  .sell,  or  perjiiit  to  be 
sold,  at  retail  or  wholesale,  except  to  dealers  in  such  articles,  any  poison- 
ous drug  or  substance,  excejit  the  same  shall  have  been  prescrilK-d  or  or- 
dered by  a  jihysician  for  the  use  of  the  sick,  or  the  person  desiring  to  ob- 
tain the  same  shall  have  tirst  Ihmmi  furnished  «  iih  a  written  i)ermit  from  the 
board  of  health.      1  .M.  (".,  sec.  ."!."». t 

See.  .■)4!i.  DriigfN  foi'  «>xt«'rnal  ii>«'— rejjfnlation  of,  lo  i»i*e- 
scription  and  lU'livery. —  It  shall  he  the  duty  of  every  physician  within 


688  REVISED  CODE  OR  tJEN' KRAL  ORDINANCES.  [CHAP.    11. 

the  (ifv  invsci'ibino'  or  (ii'deriug  for  I'xtenial  use  ;iiiy  poisonous  drug  oi- 
siihstauce.  to  state  in  liis  ]ii-esci'i]>tions  or  oi'dci-s  in  ]ilaiu  writing.  "For 
external  use,"  and  no  aiiotliecarv  or  druggist  shall  deliver  any  article  thus 
ordei-ed  without  the  same  being  jjroperly  hiheled  with  the  words,  "For  ex- 
ternal use."     (M.  C.  sec.  516.) 

See.  550.  Penaltie.S. — Any  ajiothecary,  druggist  or  otlier  person 
\  iolatiug  the  provisions  of  the  foregoing  sections  of  tliis  article  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished  by 
a  fine  of  not  less  than  fifty  nor  more  than  three  hundred  dollars  for  eacli 
and  every  offense,  to  be  recovered  for  the  use  of  the  City  of  St.  Louis  before 
an\  court  or  officer  having  competent  jurisdiction.     (  M.  (".,  sec.  517.1 


AKTICLK  IX. 

OF  ADfLTERATED  ARTICLES. 

Sec.  551.     Sale  of  adulterated  provisions  forbidden Whoever 

shall  sell  any  kind  of  diseased,  corruiited.  adulterated  (ir  niiwholt>sonie  pro- 
visions to  be  used  for  food  or  drink,  shall  be  deenie<l  giiilt.\'  of  a  misde- 
meanor.    (  M.  ('..  sec.  51S.) 

Sec.  552.  Adulteration  of  food  or  drink  forbitlden. — Whoever 
shall  adulterate,  for  the  purpose  of*  sale,  any  bread,  milk  or  other  article 
of  food  or  drink  whatever,  with  any  substance  injurions  to  health,  shall 
be  deemed  guilty  of  a  misdemeanoi-.     i  M.  ('..  sec.  51!t.  i 

Sec.  553.  Adulterations  of  liquids  intended  for  drink  forbid- 
den. — Whoever  shall  adulterate,  for  the  purpose  of  sale,  any  liquid  or 
fluid  used  or  intended  for  drink,  with  substances  jioisonous  or  injurious  to 
health,  and  whomer  in  this  city  shall  sell  any  such  liipim-  or  fluid  so  adul- 
terated, shall  be  deeiiicd  guilty  of  a  misdemeanor.     I.M.  ('..  sec.  52(1.1 

See.  554.  A«lulteration  of  druas  forbidden. — Whoever  shall  adul- 
terate, for  tlie  purpose  oi  sale,  an.\  drugs  or  medicine,  without  making  the 
same  known  at  the  time  of  the  sale  to  tlie  purchaser,  shall  be  deemed  guilty 
of  a   misilemeanor.      (M     (".,  sec.   521.) 

See.  555.  Sale  of  adulterated  milk  forbidden. — Whoever  shall 
.sell  or  offer  for  sale  any  milk  adulterated  with  water  or  other  substance, 
or  any  milk  produced  from  diseased  cows,  shall  be  deemed  guilty  of  a  mis- 
demeanor.    (  M.  C,  sec.  522. ) 

See  sec.   R.  C.   499. 

Sec.  566.  Adulteration  of  eandy  forbidden. — Whoever  shall  adul- 
terate, for  the  jiurpose  of  sale,  any  candy,  taffy,  caramels,  drops,  lozenges 
or  other  confections  with  barytes.  or  the  so-called  "terra  alba,"  or  with 
other  substances  poisoncnis  or  injurious  to  health,  and  whoever  in  this  city 
shall  sell  or  expose  for  sale  any  such  candy,  taffy,  caramels,  drops,  loz- 
enges or  other  confections  so  adulterated,  shall  be  deemed  guilty  of  a  mis- 
demeanor.    (M.  C.  sec.  523.) 

Sec.  557.  Penalties. — .Ml  persons  violating  any  of  the  provisions  of 
the  six  next  foregoing  sections  shall.  ii|ioii  conviction  thereof,  be  fined  not 


.\i;T.  x.i  OF  i;i:»;ri.ATio.vs  c'dnckisnini!  Till':  cittini;  of  ick.  (jg't 

less  ili:iii  i\vi-iii\  IJM'  ilollai's  imr  iiioii'  iliaii  iiiic  Imiidred  <l()ll:irs.  In  Ih-  w- 
covci'cil  flip  the  use  iil'  llu'  I'ilv,  Ik'Toi'I'  any  ciPiiil  nr  niVirci-.  Iia\  iii^  ciinilii'- 
Iciit  jiiiisdictioii.     I  M.  (".,  sei'.  r>L'4.( 

ARTICLK  X. 

OK  REGl'UATIONS  CONClOKNMNi;  TlllO  ClT-llNi!   OF  ICK. 

Sec.  5r)8.  Cuttinn'  icv  witlioiit  |>«Tinil  roi-t>i<l4l(>ii.  NO  pcisoii, 
lirm  or  corixiral  ion  shall  cul.  take  ur  rciiH>\c  any  ice  Iriiin  any  jiond.  sink 
liolf.  stream  or  sloiij;li  or  tlie  Kivcr  di's  I'crcs  williin  llic  limits  ol'  the  City 
of  St.  Louis  williinil  tifst  liaviiif;  olitainrd  a  |iiMiiiii  liom  ilic  licallli  rom- 
missioiicr  .so  to  do.      i  M.  (".,  si'c.  .""J.",  i 

Sec.  r>5'.).  A|»|»li«'aM«ni  tor  |H-i'iiii(.  — Any  jierson  dosiiinjr  to  cut 
or  remove  'wo  from  any  |iond.  sink  hole,  sloujjh  or  stream  or  the  Ui\er  des 
Teres  within  liie  limits  of  tlie  city  shall  make  an  a|p|)lieatioii  to  the  health 
eoinmissioner  lor  a  permit  to  do  so.  statin;.;  tlie  locality  ol'  tlie  |iond.  sink 
hole.  sloii;;h  or  stream  or  tlie  River  des  I'eres  from  wliicli  tlie  ice  is  pro- 
posed to  Im'  cut  and  the  jturpose  for  which  tlie  ice  is  to  be  used,  iind  the 
lo<ality  within  the  city  wliere  tlie  ice  is  to  be  stored.     (M.  C.  sec.  o2G.) 

See.  5()0.     ApplicatuMi  to  Iw  siihiiiittcd  to  iMKird  of  licaltli. — 

liefore  tlie  health  commissioner  shall  issue  any  such  ])ermit  he  shall  sub- 
mit the  apjilicalion  to  the  hoard  of  healtli  for  its  approval.  (.M.  ("..  see. 
rrJT.t 

See.  fifil.      .\p|M-o\:tl   of  iipplii  at ioii —  issuance    of    ]>«'riiiit. — 

If  the  lioard  of  health  approve  of  a  permit  liein;:  ;;ranled  to  cut  oi-  remo\e 
iie  from  any  pond,  sink  hole,  stream,  slon-ih  or  River  des  I'eres,  the  health 
commissionei'  shall  issue  to  said  ]iaily  a  |iermii  lo  cui  said  ice.  (M.  ("., 
sec.  7t'2S.) 

Sec.  ."til*.  N«»  p«'riiiit  for  <'oii(I«miiii<m1  |)la<'<'s. — Tlie  board  of 
health  shall  not  appime  of  any  |ierniii  to  cut  or  iciiionc  ice  from  any  jioikI. 
sink  hole,  stream  or  slough  that  has  been  londemned  l>y  the  hoard  of  health. 
i.M.  «'.,  sec.  r.i.'!!. . 

Sec.  .".r>:^.     IVrniit  to  be  limited    to  one   Moek    or  aere. —  No 

|M'iiiiit  shall  Im-  issued  lo  cover  mme  iliaii  one  block  in  ilii'  city  liniiis  nor 
more  than  oiii'  acre  in  that  part  of  the  city  iioi  laid  out  In  blocks.  iM.  ( "., 
sec.  oM.) 

Sec.  ."(it.  Consent  of  owner  or  lessee  ne<'<'ssary.  -  No  permit 
shall  be  issued  lo  cut  i>r  reiiio\e  ice  from  any  pond,  sink  hole.  slou;;li. 
stream  or  the  River  des  I'eres  unless  lh<'  owiiei-  lU"  lessee  of  the  pro]ierty 
on  which  the  pond,  sink  hi>le.  slough,  stream  or  River  des  Teres  is  located 
shall  Hie  with  liie  liealth  comini.ssioner  his  or  her  written  consent  that  such 
ice  may  Im>  cul  and  removed,     t  M.  <'..  sec.  Tt'M .) 

Sec.  565.  Siffninj;  and  attesting;  of  permits.  — All  |iermits  to 
cut  ice  as  provided  for  by  this  article  shall  Ih-  signed  by  tlie  health  couiiiiis- 
sioner,  attested  l>y  the  clerk  of  the  board  of  health,  and  countersigned  by  the 
city  ifgister  and  comptroller,      i  M.  ('.,  sec.  r^',l'2.\ 


090  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.    11. 

Sec.  5G(J.  Fee  for  permit. — For  all  such  permits  the  health  com- 
missioner shall  charge  a  fee  of  one  dollar,  which  he  shall  account  for  and 
pay  into  the  city  treasury.     (JI.  C,  sec.  533.) 

Sec.  567.     Police  to  urrest  for  cutting  without  permit. — It  is 

herehy  made  the  duty  of  the  police  officers  to  arrest  any  person  found 
cutting  or  removing  any  ice  from  any  pond,  sink  hole,  slough,  stream  or 
Kiver  des  I'eres  within  the  limits  of  the  city,  who  has  not  first  obtained  a 
permit  from  the  healtli  commissioner  as  provided  for  in  this  article.  ( M. 
C,  sec,  534.) 

Sec.  568.  Bond  necessary  for  permit — Before  the  health  com- 
missioner shall  issue  any  such  permit  he  shall  recjuire  the  parties  to  file  a 
good  and  sufficient  bond  in  the  sum  of  two  thousand  dollars,  with  two  or 
more  good  securities,  to  be  approved  by  the  mayor;  said  bond  shall  provide 
that  the  ice  cut  from  the  pond,  sink  hole,  slough,  stream  or  Kiver  des  Peres, 
for  which  a  permit  has  been  granted  by  the  health  commissioner,  shall  not 
be  sold  or  used  for  drinking  purposes,  and  that  it  is  to  be  stored  in  the 
locality  mentioned  in  the  permit,  and  that  any  violation  of  the  provisions 
and  stipulations  as  provided  for  in  the  permit  shall  work  a  forfeiture  of 
the  bond,  and  the  same  shall  be  collected  and  ](aid  into  the  treasury  of  the 
city  for  the  benefit  of  the  City  of  St.  Louis,  and  said  bond,  before  being 
filed  with  the  city  register,  shall  be  presented  to  the  health  commissioner, 
and  the  wording  of  the  permit  shall  correspond  exactly  with  the  wording 
of  the  bond,  so  far  as  location  and  description  of  places  from  which  and 
to  which  the  ice  is  to  be  removed.     (M.  C,  sec.  535.) 

Sec.  569.     Statement  to  be  filed  with  health  commissioner — 

penalty. — All  parties  bringing  into,  or  storing  ice  in  the  City  of  St.  Louis 
shall  file  a  statement  with  the  health  commissioner,  which  statement  shall 
be  sworn  to;  said  statement  shall  si)ecify  the  locality  from  which  the  ice 
has  been  brought,  and  when  cut,  and  if,  in  the  opinion  of  the  health  com- 
missioner said  ice  is  only  fit  for  the  cooling  of  articles,  he  shall  require 
said  parties  to  give  a  bond  and  comply  with  all  the  provisions  of  the  next 
preceding  section.  Any  persons  bringing  or  storing  ice  within  the  limits 
of  the  city  without  filing  a  statement  as  ]>rovided  for  in  this  section,  shall 
be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  fined  not 
less  than  fifty  nor  more  than  two  hundred  and  fifty  dollars,  to  be  recov 
ered  as  in  all  cases  of  misdemeanor,  before  any  court  having  competent 
jurisdiction.     (M,  C,  sec.  536.) 

Sec.  570.  Penalty. — Any  person,  firm  or  corporation  found  guilty  of 
violating  any  of  the  provisions  of  this  article  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  fined  not  less  than  fifty  nor 
more  than  two  hundred  and  fifty  dollars  for  each  and  every  violation  of 
this  article,  to  be  recovei-ed  as  in  all  other  cases  of  misdemeanor,  before 
any  court  of  competent  jurisdiction.     (M.  C,  sec.  537.) 

ARTICLE  XI. 

OF  REGUL.\TIONS  OF  VAULTS.  PRIVIES  AND   WATEU-CLOSETS. 

Sec.  571.  Privy  vaults  to  be  pi'ovided. — Each  and  every  build- 
ing within  the  city  used  as  a  dwelling,  store,  livery  stable,  tenement  house, 
warehouse,  factory,  mill  or  foundry,  shall  be  furnished  with  suitable  and 
lawful  privy  vaults  or  water-closets.     (M.  C,  sec.  .")(i().) 


ai:t.  Ml     OF  i{i:i;ri,.\'i'iuNS  OK  vai'lts.  piuvirs  and  watku-closkts         ggi 

Sec.  572.     Leakinj>:  privies,  etc.,  penalty  for  niaintainiii;;.— Any 

owner,  li'.><.><('('.  tcniuil.  or  ajrent  of  any  luiildinj;  or  lot  of  any  fironnd  in  the 
city  wlio  .shall  maintain  or  allow  to  exiyt.  about  or  ou,  said  l)iiildin<!;  oV  lot 
of  frroniid  any  iiii\y,  |iri\y  \ault,  coinuiodo,  ccssiiool  or  watei'-idoset,  wliicii 
shall  be  roun<l  in  an  ovcillowinf;,  Icakinj;,  full,  lilthy.  slinkiiij;.  insecure, 
defective,  or  unlawful  condilion.  shall  lie  deemed  j;uill.\  of  a  niisdenieaiior, 
and  npun  conviction  shall  lie  lined  not  less  than  ten  nor  more  than  one 
hundred  dollars  lor  each  olfense ;  and  every  day  on  whicli  a  violation  of  this 
section  exists  as  to  any  premises  shall  constitute  a  sejiaraie  and  distinct 
offense.     (M.  C,  sec.  oGl.) 

Sec.  T)?;?.  Privy  tubs  to  be  emptied.— The  owner  or  occujiant 
of  any  premises  wlici-e  talis  or  other  vessels  are  used  in  a  ])rivy  shall 
not  permit  such  lulis  or  other  vessels  to  remain  nioi-e  than  one  day  without 
lieiiij;  emiitied.      i  .M.  (".,  sec.  r)ti2.) 

Sec.  574.  \\'lieii  nuisances. — Every  water  closet  or  privy  con- 
structed and  used  in  any  dwelling  house  or  building  within  tlie  limits  of 
the  city,  which  water-closets  or  privies  are  not  connected  with  some  ]inblic. 
district,  [joint  district]  or  ]irivate  sewer  adjoining  the  gTound  on  which 
said  building  is  erected  and  properly  connected  with  the  i)ublic  sewer  sys- 
tem of  the  city,  shall  be  deemed  a  nuisance,  except  as  ]n-o\iiled  in  next  suc- 
ctvding  section.     |M.  (".,  sec.  TAt'A.) 

See   HHl    vs.   St.    Louis.   159   Mo.   159,   176.     This   section    was   orlgriii.illy    passed 
before  the  Charter  amenilnient  cj-eatlnp  "joint   district"   sewers. 

Sec.  .")7,").  l*riv>  >aul(s  not  conn<'cte*l  with  sewers — rejfuhi- 
tions  of  const  i'u<-t  ion  of  ( )u  all  premises  not  so  sitiiiited  as"  to  be 
accessible  to  the  sewerage  system  of  the  city  the  privy  vaults  shall  be  con- 
structed as  follows:  Tlie  vaults  shall  be  sunk  under  the  ground  not  less 
than  ten  feet,  and  shall  be  walled  up  with  brick  or  stone,  laid  in  hydraulic 
cement  mortar,  with  bottom  of  same  material,  and  shall  be  so  constructed 
that  the  outside  wall  shall  be  at  least  two  feet  distant  from  the  line  of  all 
adjoining  lots,  and  also  the  same  distance  from  every  street  or  alley,  and 
the  walls  shall  be  caia-ied  one  foot  above  the  surface  of  the  ground,  and 
shall  be  built  to  exclude  all  water  from  the  surface,  from  the  roof  of  liuibl- 
ings  and  fi'om  the  city  waterworks,  \\henever  such  jirivy  vault  shall  be 
come  full,  to  within  three  feet  of  the  top  of  the  wall,  it  .shall  he  emptied  and 
its  contents  removed,  and  it  shall  be  unlawful  to  build  or  maintain  any 
privy  vault  situated  as  described  in  this  section,  otherwise  than  is  herein 
provided.     (  M.  0.,  sec.  5G4.) 

See    reKiilatlona   required    by    sec.    2313   of   R.    C 

Sec.  .')7().  Privy  vaults  on  streets — to  be  conne<'te<l  wltli 
sewers. — The  vaults,  jirivies  ami  water-closets  in  or  belonging  to  all  resi- 
liences, tenements,  houses,  factories,  stores,  mills,  foundries,  livery  stables, 
warehouses  and  hotels,  located  on  a  line  of  any  street  or  alley,  through 
which  there  is  a  public,  private  [joint  district],  or  district  sewer,  shall  l>e 
connected  by  the  owners,  lesst»es,  or  agents  of  such  property  with  sucli  ]iul)- 
lic,  private,  [joint  district)  or  district  sewer  whene\-er  reipiired  to  do  so  by 
the  health  commissioner,  which  oi'der  shall  be  served  in  (he  same  manner  as 
writs  of  summons  are  rt>(|uired  to  be  served  in  civil  cases,  and  if  the  owner, 
lessee  or  agent,  who  shall  have  l«'en  .served  with  such  notice,  shall  fail  to 
comply  with  the  in-der  of  the  health  commissioner  in  the  time  indi<'ated  in 
such  order,  then  such  owner,  lessee  or  agent  shall  be  diKMiied  guilty  of  a 


692  REVISKl)  CODE  OR  GKNKRAL  ORDINANCES,  [CHAP.    11. 

luisdemeauor,  aud  ou  conviction  shall  be  tined  not  less  than  fifty  dollars  nor 
more  than  two  hundred  dollars  for  such  offense,  and  every  day  on  which  a 
violation  exists  as  to  any  premises  shall  constitute  a  separate  and  distinct 
offense.     (  M.  C,  sec.  5G5.) 

Sec.  577.  Method  <>f  construction  and  connection. — All  vaults, 
privies  or  water-clo.sets  hereafter  to  be  constructed  or  connected  with  the 
sewerage  system  of  the  city  shall  be  constructed  and  connected  in  accord- 
ance with  the  ordinances  in  relation  to  the  same,  and  any  other  manner  of 
constructing  vaults,  jtrivies  or  water-closets,  or  of  cf)nnecting  the  same  with 
the  sewer  .system  of  the  city,  shall  be  unlawful,     (il.  (J.,  sec.  56G.) 

See   R.   C.   sec.   2313. 

Sec.  578.  Reconstruction  —  notice  —  penalty.  —  Whenever  the 
health  commissioner  is  of  the  opinion  that  any  vault,  privy  or  water-closet 
is  not  properly  connected  with  the  sewer  system  of  the  city,  or  when,  in  his 
opinion,  the  condition  of  any  vault,  privy  or  water-closet  is  such  as  to  be 
dangerous  to  the  health  of  the  citizens,  he  shall  order  the  owner,  lessee  or 
agents  of  said  ]iroperty  on  which  is  located  such  vault,  privy  or  water-closet 
to  reconstruct  or  jirojierly  connect  said  vault,  privy  or  water-closet  with 
the  sewer  system  of  the  city  in  accordance  with  the  ordinances,  and  any 
owner,  lessee  or  agent  of  i>roi)erty  receiving  such  order  and  failing  to  com- 
ply with  the  .same  shall  be  deemed  guilty  of  a  misdemeanor,  and  ujion  con- 
viction shall  be  fined  not  less  than  ten  nor  more  than  two  hundrecl  dollars 
for  each  ofteuse;  and  every  day  on  which  a  violation  of  this  order  exists 
as  to  any  premises  .shall  constitute  a  sei)arate  and  distinct  offense.  All  or- 
ders to  owners,  lessees  or  agents  to  connect  or  reconstruct  vaults,  jtrivies 
or  water-closets  under  the  provisions  of  this  section  shall  be  served  in  the 
same  manner  as  writs  of  summons  are  required  to  be  served  in  civil  cases. 
(M.  C,  sec.  507.) 

Sec.  579.  When  to  be  emptied  and  cleaned. — No  privy  within 
the  limits  of  the  (Mty  of  St.  Louis  shall  l)e  emptied  unless  the  health  com- 
missioner shall  be  satisfied  that  the  same  is  alisolutely  necessary  foi'  the 
health  and  comfort  of  the  inhabitants,  and  in  such  cases  they  shall  be 
thoroughly  cleaned  b.\  lic<'nse(l  vault-cleaners  only.  U]>on  a  jiermit  obtained 
from  the  health  commissioner.  No  ju-ivy  shall  be  emptied  at  any  other  time 
than  between  the  hours  of  nine  o'clock  p.  m.  and  four  o'clock  a.  m.,  unless 
bv  special  permission  or  ordei'  of  the  health  commissioner.  (M.  C,  sec. 
568.) 

Sec.  580.  Manner  of  cleaning-. —  The  cleaning  of  all  vaults  or 
privies  shall  be  done  in  such  manner  and  time  as  is  or  may  be  pi-cscribed 
by  ordinance  and  without  creating  a  nuisance,  and  in  as  inodorous  a  man- 
ner and  as  free  from  foul  odors  and  gases  as  possible.     (M.  C,  sec.  569.) 

Sec.  581.  Duty  of  police  and  sanitary  oftii-ers. — It  is  made 
tlie  duty  of  all  sanitary  and  police  oft'icers  to  report  and  jirosecute  any  and 
all  violations  of  this  aiticle.     (  M.  ('..  sec.  570.) 

Sec.  5S2.     Penalty  for  violation  of  prececlinj"  sections Any 

person  violating  the  three  jtreceding  sections  or  any  rules  or  regulations  of 
the  board  of  health,  as  provided  for  in  the  three  preceding  sections,  shall  be 
fined  not  less  than  twenty  dollars  nor  more  than  three  hundred  dollars  for 
each  (itfense,  and  .shall  al.so  be  liable  on  his  bond  to  any  person  especially 
damaged  bv  the  viohition  of  such  rules  or  regulations.     (M.  C.  sec.  571.) 


ai:t.  xii.i  <.)K  Ni'isANpios.  693 

Sec.  583.  IN'iialty.  — Any  person  violating  or  failing  to  <()ni|)!y  w  iili 
any  of  Ilic  |iri)\  isions  ol'  this  article,  and  to  wliicli  no  special  iienalty  is 
attached,  siiail  lie  deemed  gnilty  of  a  niisdeiiieaTior.  and  on  conviction  thereof 
shall  i>c'  lined  not  less  ilian  lucniy  dollars  nor  more  than  two  hundred  dol- 
lars.    ( .M.  ('..  sec.  r>7ii.j 

.virncLH  XII. 

OF    Nl'IS.\NCES* 

•POWERS  OF  THIC  Crrv    IN   (TliNlOR.AL.  RKSPECTING  NUISANCES. 

The  Charter  nuthorlzi'.«i  the  illy  to  declare,  prevent  and  abate  nuisances  In 
general,  besides  eonferrhiK  siieellle  authority  upon  certain  subjects:  Charter,  Art. 
Ill,  sec.  26.  clause  si.\th:  see  also  Charter.  .\rt.  12,  sees.  4,  6,  7;  Art.  VI,  sec.  19. 

Even  under  the  broad  powers  conferred  upon  the  city  by  the  Charter,  it  is  not 
competent  for  the  city  to  declare  that  to  be  a  nuisance  which  is  not  such  In  fact: 
St.  Louis  vs.  Heltzeberg  Packing  Co.,  141  Mo.  373. 

The  General  .\ssembly  may  confer  on  the  Municipal  .\sseinbly  the  power  to 
abate  nuisances  and  to  declare  what  shall  be  deemed  nuisances,  and  where  the 
subject  matter  is  prima  facir  a  nuisance,  or  may  be  one  under  the  conditions 
prevailing  where  prohibited,  the  determination  of  the  Municipal  Assembly  is 
conclusive:  St.  Louis  vs.  Stern,  .f  Mo.  .\pp.  48;  Hisey  vs.  Mexico,  61  Mo.  .\pp. 
248;  and  see  cases  liereinafter  cited. 

But  the  city's  power  can  not  be  made  so  absolute  as  to  be  beyond  the  cog- 
nizance of  the  courts  to  determine  whether  It  has  been  reasonably  exercised  in  a 
Klven  case  or  not:  River  Rendering  Co.  vs.  Behr.  77  Mo.  91,  1.  c.  US;  St.  Louis  vs. 
Ht'itzeberg  Packing  Co.,  141  Mo.  375,  384;  St.  Louis  v!s.  Schnuckenberg.  7  Mo.  .\pp. 
.".36. 

But  in  determining  the  question  of  the  power  of  the  city  to  designate  the  sub- 
ject as  a  nuisance,  if  the  object  to  be  accomplished  by  the  ordinance  is  conducive 
to  public  interests  and  to  public  health,  especially  In  the  exercise  of  the  police 
power  of  the  municipality,  the  courts  will  accord  to  the  city  a  liberal  discretion, 
both  as  to  the  ends  sought  and  to  the  means  employed,  and  the  ordinance  will  be 
upheld,  unless  the  act  declared  a  nuisance  unquestionably  is  not  one:  St.  r»uls 
vs.  Gdlt,  179  Mo.  S.  IS  and  cases  there  cited;  Kansas  City  vs.  Mc,\leer.  31  Mo.  App. 
433.   436;   State  vs.  Tower,  185  Mo.   79. 

The  city  cannot  legalize  a  nuisance:    Sutton  vs.  P.  W.  Co.,  117  Mo.  .\pp.  636. 

ABATEMENT  OP  NUISANCES. 

Irliil  U}  Jury  Is  not  essential,  on  constitutional  grounds,  to  ainethod  of  ascer- 
taining tin-  .  xistence  of  a  public  nuisance:     St.  Louis  vs.  Stern,  3  Mo.  App.  48. 

Service   of   nntire    to   ubntr:     St.    Louis    vs.    Flynn,    12S   Mo.    413. 

The  llndluK  of  n  board  i»f  health  that  a  nuisance  exists,  is.  In  an  action  for 
failure  to  abate,  prima  tm  if  but  not  conclusive  evidence  of  Its  being  a  nuisance: 
KIrkwood  vs.  Cairns.  44  Mo.  .\pp.  SS;  St.  Louis  vs.  Schnuckenberg,  7  Mo.  .\pp. 
':i6;  but  not  between  private  persons;  Doerbaum  vs.  Fischer,  1  Mo.  App.  149,  151. 
.\nd  notice  given  to  a  Board  of  Health  of  the  existence  of  a  nuisance  is  not  notice 
to   the  owner  of  the  premises:    Grifllth   vs.   Lewis,   17  Mo.   -App.   605,  609. 

A  prmon  Injured  by  a  nuisance  (sucli  as  an  unauthorized  sewer  put  on  his 
premises  by  a  city)  has  a  right  to  abate  It.  but  must  not  be  guilty  of  excess: 
Chinicothe    vs.    Bryan.    103    Mo.    App.    409. 

.Ibatrnirnt  of  a  nuisance  by  a  city  under  Its  Charter,  while  it  may  be  a  rlKlU, 
should  not  be  exercised  In  such  a  way  as  to  deprive  a  party  of  the  use  of  his 
property  nor  destroy  the  same,  unless  absolutely  neci'ssary :  Waggoner  vs.  South 
Gorln.    88    Mo.    .Vpp.    2'';    .Mllson    vs.    Richmond.    51    Mo.    App.    133. 

Kqulty  niny  rnjoln  nulniinrrH,  but  Its  jurisdiction  does  not  extend  to  enjoining 
structures  or  acts  which  are  nuisances  merely  because  made  so  by  ordinance: 
Rice  vs.  Jefferson.  .10  Mo.  App.  464  (wooden  structure);  Warren  vs.  Cavanaugh, 
33  Mo.  App.  102  <«iuarr>-).  But  see  llarnuin  v.m.  St.  Louis,  137  Mo.  49  1.  501 
(frame  house   Inside   (Ire  limits). 

In  a  clear  case  n  plaintilt  may  enjoin  a  nuisance  before  establishing  his  legal 
rights  at  law:  llarrelson  vs.  Ry..  151  Mo.  482.  The  establishment  of  the  nuLtance. 
recovery  for  damages  and  abatement  of  the  nuisance  may  all  he  brought  In  one 
equity  case:     Baker  vs.   McDanlel,    178   Mo.    447.    168. 


694  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  11. 

A  city  is  not  liable  for  not  enforcing  its  ordinances  relating  to  nuisances: 
Harman  vs.  St.  Louis,  137  Mo.  494;  Kiley  vs.  Kansas  City,  87  Mo.  103;  or  for 
not  enacting  ordinances:  Kirkwood  vs.  Cairns,  44  Mo.  App.  88.  96.  Nor  has  it 
any  control  over  nuisances  within  its  limits  except  as  conferred  by  its  Charter 
or  the  general  law  and  its  duties  cannot  exceed  its  powers:  Martinow^sky  vs. 
Hannibal,   35   Mo.   App.   70,   78. 

A  private  inilividual  cannot  recover  because  of  a  public  nuisance  unless  he 
shows  special  damages:  Baker  vs.  McDaniel,  178  Mo.  447;  Glaessner  vs.  Anheuser- 
Busch,  100  Mo.  508;  Givens  vs.  Van  Studiford,  86  Mo.  149,  s.  c.  72  Mo.  129;  s.  c.  4 
Mo.  App.  498;  Schoen  vs.  K.  C,  65  Mo.  App.  134;  Schewich  vs.  Co.,  109  Mo.  App. 
406,  421  and  cases  cited.  As  in  case  of  obstructing  the  highway  if  he  is  damaged 
differently  from  the  public  at  large:  Heer  D.  G.  Co.  vs.  Citizens'  Ry.  Co..  41  Mo. 
App.  63,  72  and  cases  cited;  Gay  vs.  M.  Union  Tel.  Co.,  12  Mo.  App.  485;  Glasgow 
vs.  St.  Louis.  15  Mo.  App.  112;  Longworth  vs.  Sedevic,  165  Mo.  221;  Downing  vs. 
Corcoran,   112  Mo.   App.  645. 

But  in  an  action  for  damages  because  of  a  private  nuisance  recovery  may  be 
had  for  nominal  damages  upon  mere  proof  of  nuisance  without  proof  of  pecuniary 
loss:  Berlin  vs.  Thompson,  61  Mo.  App.  234;  Baker  vs.  McDaniel.  178  Mo.  447; 
as  for  instance  where  a  city  discharges  sewage  into  a  stream  flowing  through 
plaintiff's  farm,  under  conditions  making  such  act  a  nuisance:  Smith  vs. 
Sedalia,   182  Mo.   1:   see  also  Frick  vs.  Kansas  City,   117  Mo.   App.   489. 

WHAT    CONSTITUTES. 

"What  is  a  nuisance"  says  Judge  Marshall  in  St.  Louis  vs.  Gait  supra,  "is  a 
relative  question  oftener  than  it  is  an  abstract  fact.  Blackstone  was  wise  in 
not  attempting  an  explicit,  invariable  definition,  and  in  confining 
himself  to  general  terms.  He  said  a  nuisance  'is  anything  that 
worketh         hurt,         inconvenience         or         damage.'  [3       Black.         Com.        216.] 

The  Am.  and  Eng.  Enc.  Law  (2  Ed.)  vol.  21,  p.  682,  says:  'A  nuisance  is  liter- 
ally an  annoyance,  and  signifies  in  law  such  a  use  of  property  or  such  a  course 
of  conduct  as.  irrespective  of  actual  trespass  against  others  or  of  a  malicious 
or  actual  criminal  intent,  transgresses  the  just  restrictions  upon  use  or  conduct 
which  the  proximity  of  other  persons  or  property  in  civilized  communities  im- 
poses upon  what  would  otherwise  be  rightful  freedom'.  .  .  .  The  power  to 
prevent  nuisances,  to  provide  for  the  general  health,  is  as  broad  as  the  necessity 
for  its  exercise":    179  Mo.  19-20.     See  also  Baker  vs.  McDaniel,  17S  Mo.  447. 

For  specific  ordinances  designating  what  are  nuisances  and  the  rulings 
thereon,  see  the  various  foot  notes  to  the  sections  following,  in  addition  to 
the  cases  in  this  note  cited.  Some  instances  upon  the  question  of  nuisance 
follow: 

Smoke  is  not  a  nuisance  per  se,  and  an  ordinance  declaring  as  a  nuisance 
the  emission  of  dense  black  or  thick  gray  smoke  into  the  open  air  from  any 
establishment  in  St.  Louis,  etc.,  irrespective  of  the  quantity  or  length  of  time, 
is  void:  St.  Louis  vs.  Heitzeberg,  141  Mo.  375.  But  under  the  recent  State  act 
authority  is  now  granted  to  declare  by  ordinance  that  smoke  is  a  nuisance:  that 
act  was  upheld  in  an  elaborate  opinion  discussing  smoke  as  a  nuisance  in  State 
vs.  Tower,  185  Mo.  79.     See  also  ordinance  provisions  R.  C,  sec.  1619  it  stt. 

Smolce  Staclts  when  nuisances:  Whalen  v.s.  Keith.  35  Mo.  87;  Bank  vs. 
Kennett,   101  Mo.  App.   370. 

Dairies  are  not  nuisances  per  se:  Mc  Donough  vs.  Robbens,  60  Mo.  App.  156;  St. 
Louis  vs.  Schnuckenberg.  7  Mo.  App.  536.  But  may  be  regulated  or  prohibited  by 
ordinance  under  the  St.  Louis  Charter:  Fischer  vs.  St.  Louis.  194  U.  S.  361;  St. 
Louis  vs.  Fischer.  167  Mo.  654.  also  holding  that  an  ordinance  requiring  the  prior 
consent  of  the  Municipal  Assembly  to  the  establishment  of  each  specific  dairy  is 
valid. 

l.lvery  stables  are  not  fier  se  .^  nuisance  but  may  become  so.  if  so  kept 
as  to  destroy  the  comfort  of  owners  and  occupants  of  adjacent  premises,  and 
are  subject  to  regulations  by  ordinance  under  the  Charter,  but  such  authority 
cannot  be  delegated  in  whole  or  in  part  and  an  ordinance  allowing  adjoining  lot 
owners  to  determine  whether  a  person  shall  be  permitted  to  run  a  livery  stable 
in   the  block,   is  void:    St.  Louis  vs.  Russell.   116  Mo.   248. 

.slaughter  liouses  are  governed  by  similar  principles:  St.  Louis  vs.  Howard, 
119  Mo.  41;  see  also  same  vs.  same.  119  Mo.  47.  See  also  St.  Louis  vs.  Kreutz.  12 
Mo.  App.  591;  Zugg  vs.  Arnold.  75  Mo.   App.   68. 


AKT   -Ml  1  GENERAL  NOTK  ON   NIISANCIOS.  595 

I"Ib  miyrn  iinil  hoK  peiiii  maintained  In  close  proximity  to  a  dwelling-house  may  be 
a  nuisance  per  if  for  which  an  action  lies:  Whipple  vs.  Mclntyro.  69  Mo.  App.  39": 
see  also  St.  Louis  vs.  Stern.  3  Mo.  App.  34S,  35-1.  "The  keepliiK  of  swlno  and 
cattle  within  designated  limits  of  the  city  has  been  declared  In  a  number  of 
cases  to  be  within  the  police  power":  Fischer  vs.  St.  Louis,  194  U.  S.  I.  c.  370. 
See  also  Smiths  vs.  McConathy.  11  Mo.  517. 

Stockyarda  are  not  per  u  nuisances  but  under  certain  circumstances  rnay 
become  such:    Bielman  vs.  Ry..   50  Mo.   App.    151. 

Pondai  Hoike  vs.  Herman.  S7  Mo.  App.  125.  See  also  ordinances  hereinafter 
In  this  article  on  this  point,  sees.  616.  638. 

PrreoIalliiK  li<iiild»  and  HreiinKei     Griffith  vs.  Lewis,  17  Mo.   App.  605. 

OliHlruelloii    liy   diiiii:     Seluurieh    vs.   Co..    109  Mo.   App.    IOC. 

I'olliitlon  of  KireaiiiNi  Smith  vs.  Sedalla,  182  Mo.  1;  s.  c.  152  Mo.  283:  Missouri 
vs.  Illinois.  200  U.  S.  496  (Chicago  Drainage  Canal  case);  Schumacker  vs.  Shaw- 
han.   93  Mo.  App.  573.  ' 

An  Iron  ii(iina-|il|if,  not  being  a  nuisance  per  se,  the  city  owning  the  lot  upon 
which  a  water  company  builds  same.  Is  not  liable  because  the  height  and  purposes 
for  which  used  Invite  lightning  strokes,  and  because  escaping  water  makes  the 
ground   soggy   anil    unhealthy:      \A'hlt(ield   vs.   Carrollton.   .*>0   Mo.   App.    98. 

Ftiiiie.H  from  iiMplinIt   i>lMiit:  Sultan  V9.  Parker-Washington  Co..  117  Mo.  App.  636. 

Ilrli-k  kilnn  are  not  nuisances  p(r  se,  but  may  become  a  nuisance  as  dwellings 
are  built  in  the  vicinity:  State  ex  rel.  vs.  Board  of  Health,  16  Mo.  App.  S; 
Powell  vs.  Brick  Co.,  104  Mo.  App.  713.  720.  See  also  as  to  when  they  become 
nuisances:  KIrchgraber  vs.  Lloyd,  69  Mo.  App.  59,  holding  that  In  such  case 
recovery    may    be    had    without    showing   actual    pecuniary    loss. 

Slop*  and  FIHh  thrown  upon  another's  premises  and  creating  a  iiolnome  niiicll 
und  K4<*aeli,  constitute  a  nuisance.  Any  use  of  property  that  corrupts  the 
atmosphere  with  noxious  vapors  and  noisome  smells,  producing  Injury  to  prop- 
erty or  health,  or  Impairing  the  comfortable  enjoyment  of  it  In  a  dwelling  Is  a 
nuisance  Inviting  a  recovery:  Beckley  vs.  Sproh.  19  Mo.  App.  75;  ittenfh  from 
factory:   Dauker   vs.   Co.,   102   Mo.   App.    723,   730. 

>Vred»,  when   a  nuisance:  St.   Louis  vs.   Gait,   179   Mo.    8, 

ttuarrlrm  Warren  vs.  Cavanaugh,  33  Mo.  App.  102:  Schaub  vs.  Perkinson 
Const.    Co.,    108   Mo.    App.    122. 

Street  Railway*  laid  In  the  streets  without  authority  are  nuisances:  St.  L. 
&  M.  R.  Ry.  vs.  Kirkwood.  159  Mo.  239,  255.  See  also  Heer  D.  G.  Co.  vs.  Citizens' 
Ry.  Co..  41  Mo.  App.  63.  But  the  cases  deciding  that  the  city  cannot  authorize 
such  use  of  a  street  by  a  steam  railway  as  will  destroy  Its  use  as  a  public  thorough- 
fare (see  intra  this  note)  do  not  apply  to  street  railways  unless  they  are 
so  defectively  constructed  as  to  prevent  the  current  use  of  the  highway  by  the 
public  In  the  ordinary  course  of  travel:  Placke  vs.  U.  D.  Ry..  140  Mo.  634,  637. 
See  also  Morle  vs.  Transit  Co.,  116  Mo.  App.  12,  25.  But  see  as  applying  the 
same  rule  to  street  roads:    Nagel  v.s.  Llndell  Ry..  167  Mo.  89.  97. 

As  to  difference  between  steam  roads  and  street  railway  roads  respecting  the 
I)ower  of  the  city,  see  also  State  ex  rel.  vs.  Corrlgan  Street  Ry.,  85  Mo.  263.  275, 
and  authorities  cited. 

A  street  railway  although  It  have  authority  from  the  city  to  operate 
on  the  streets,  must  lay  Its  tracks  on  the  street  level,  or  like  a  steam  road.  If  It 
raises  Its  tracks  and  Interferes  with  access  to  the  abutting  owner's  property 
It  Is  liable  for  the  damages:    Farrar  vs.  Electric  Co..  101   Mo.  App.   140. 

See   also    note    to   Charter,   Art.    Ill,   sec.    26,   clause    2. 

Stram  mllroadfi  In  a  street  .so  narrow  that  Its  use  by  the  railroad  will  destroy 
the  street  as  a  highway  are  nuisances  and  an  ordinance  permitting  it  Is  void 
as  permitting  an  unauthorized  obstruction  of  the  highway:  Lockwood  vs. 
Wabash  Ry..  122  Mo.  8«;  Lumber  Co.  vs.  Ry.,  129  Mo.  455;  Corby  vs.  Railroad, 
150  Mo.  457;  Pubach  vs.  Railroad,  89  Mo.  483.  See  also  note  and  cases  to 
Charter.    Art.    III.   sec.    26.   clause   2. 

Private  steam  roads  and  tracks  In  the  public  streets  are  nuisances  which 
the  city  cannot  authorize:    Glacssner  vs.  Anheuser-Busch  Brew.,  100  Mo.  503. 


696  REVISKl)  CODE  OU  r.ENERAL  ORDINANCES.  [CHAP.  n. 

Where  a  ruiliDUd  trai'k  is  built  in  a  street,  the  escape  of  soot,  smoke  and 
smells  from  tlie  engines,  obstruetion  of  the  streets  by  the  cars,  and  tlie 
jarring  of  tlie  buihiings  by  the  passing  trains  to  the  inconvenience,  discomfort 
and  danger  of  adjoining  proprietctrs  do  not  necessarilj-  in  law  constitute  a 
nuisance  unless  the  road  is  negligently  operated  or  built:  Randle  vs.  Pac.  Rd.. 
65  Mo.  325:  see  also  Tliompson  vs.  Macon.  106  Mo.  App.  S4.  But  by  Rev.  C.  sec. 
1860  locomotives  using  Poplar  street  are  required  to  be  so  constructed  as  to  avoid 
offensive    or    dangerous    smoke    anil    cinders. 

The  rights  of  abutting  owners  as  affected  by  steam  railroads  built  in  the 
streets  with  the  consent  of  the  city  in  front  of  their  property,  is  fully  dis- 
cussed, with  a  resume  of  the  authorities  in  this  state,  in  the  case  of  De  Geofray 
vs.  Merchants'  Bridge  Co.,  179  Mo.  698.  It  was  finally  held  that  a  railroad  built 
on  the  grade  would  not  be  a  new  servitude,  but  only  on  the  doctrine  of 
start'  decisis^  and  that  an  elevated  road  was  a  new  servitude  not  contemplated 
in  the  dedication  of  a  street  to  the  public  use,  and  that  its  interference  with  the 
rights  of  the  abutting  owners  must  be  compensated  for  by  the  railroad  as  a 
deprivation  of  their  property  for  public  use;  and  that  an  action  for  damages 
is    hai-red    in    five    years   after   the    obstruction    becomes    permanent    and    complete. 

OI».*4tru('tiou  of  II  lilgliway,  wlu-n  unauthorized,  or  if  authorized  when  unreason- 
able, which  necessarily  impedes  or  incommodes  the  use  thereof,  or  renders  the 
highway  dangerous,  is  a  public  nuisance  at  common  law.  and  every  encroachment 
upon  any  part  of  the  highway  whether  upon  the  traveled  part  thereof  or  the 
sides,  comes  within  the  idea  of  a  nuisance:  State  vs.  Campbell.  80  Mo.  App.  110, 
113;  Seibert  vs.  Railroad.  ISS  Mo.  657.  (citing  instances  of  obstructions  held  to 
be  and  others  not  to  be  unlawful,  such  as  piers,  bridges,  telegraph  poles,  etc.); 
South  Highland  vs.  Kansas  City.  100  Mo.  App.  518  (holding  an  obstruction  with  the 
city's  consent  to  be  revocable  by  the  city);  Carthage  vs.  Light  Co..  97  Mo.  20 
(poles  and  wires  held  nuisances);  State  ex  rel.  vs.  Gravel  Road  Co..  116  Mo.  App. 
175  (unauthorized  toll  company  a  nuisance;  the  court  said:  "Private  structures 
inconsistent  with  the  primary  use  of  the  street  cannot  be  licensed,  and  will 
constitute  a  nuisance  even  if  the  city  undertakes  to  license  them");  Loth  vs. 
Columbia  Theatre  Co.,  197  Mo.  328,  (with  review  of  authorities — in  that  ca.se  a 
balcony  over  the  street,  resting  on  pillars,  was  the  obstruction). 

Maintaining  gates  at  railroad  crossing,  though  the  supports  be  partly  in  the 
street,  but  leaving  ample  room  for  travel,  is  not  a  nuisance:  Seibert  vs.  Railroad. 
188   Mo.    657. 

Obstruction  of  Mississippi  riS'er  as  a  highway  see  State  ex  rel.  vs.  Long- 
fellow. 1119  Mo.  10;i;  also  note  to  Chart.  Art.  I.  sec.  2.  p.  296:  and  for  city's  authority 
to  control,  guide  ami  dellect  cui-rent.  see  Chart.   Art.   III.  sec.   26.  clause  4. 

Temporary  obstruction  for  a  reasonable  time,  by  building  material  or  repair 
material,  permissible:  See  ordinance  R.  C.  sec.  928  and  cases  there  cited  in  note: 
Hesselbach  vs.  St.  Louis,  179  Mb.  505;  Corby  vs.  Ry..  150  Mo.  1.  c.  469-470;  Frick 
vs.  Kansas  City.  117  Mo.  App.  489  (dirt  pile  on  street  from  excavation  of 
sewer). 

The  duty  and  power  of  the  city  to  provide  safety  precautions  in  the  streets 
carries  with  it  a  discretion  not  subject  to  judicial  review  unless  so  exercised 
as  to  amount  to  a  practical  destruction  of  the  street  for  street  purposes  or  with- 
drawal  from   public   use:    Seibert   vs.   Railroad,   ISS   Mo.    657.   673. 

Obstruction  of  streets  so  as  to  interfere  with  abutting  owner's  special  right 
of  ingress  and  e.gress:  Downing  \  s.Cnnuian.  112  Mo.  .\pp.  645.  6  49  and  cases 
cited. 

Set-  note  and  cases  on  what  uses  a  street  may  bi.'  used  for.  appended  to  Charter. 
Art.    III.   sec.    26.    clause    2. 

<'eU:ir  doi»r.M  ami  ciial  lt4»li>.s  in  the  Iiijibway  are  not  nuis.inres  per  se:  Fehlliauei- 
vs.  St.  Louis,  178  Mo.  635.  Liabilit>'  of  city  or  owner  to  injured  pedestrians,  etc.: 
see  Perrigo  vs.  St.  Louis,   185  Mo.   274,  and   cases  cited. 

ItiilliliiiKM  iir  NtauilM  ill  a  iiiililie  Mtreet  are  nuisances:  Schopp  vs.  St.  Louis. 
117  Mo.  1  :u  (where  spaces  in  front  of  business  houses  were  leased  by  ordinance). 
See   supra     as   to   obstructions   in   the   highway. 

Awulng  on  a  sidewalk  not  necessarily  a  nuisance:  Hisey  vs.  Mexico.  61  Mo. 
App.    248,    253. 

Fire  engine  house,  erected  b>'  cit>*.  is  not  per  se  a  nuisance:  Van  Dc  Vt-re 
vs.  Kansas  City.  107  Mo.  83,  92. 


ART.  XII.]  OF  NUISANCES.  697 

liiiuii)  hiiii.ses  are  nuisances  per  it,  unUss  authorized  by  law  and  conducted 
In  accordance  therewith:  and  even  when  authorized  If  the  Inmates  so  Indecently 
conduct  themselves  as  to  render  property  adjoining  undesirable  they  become 
common  nuisances:  Glvens  vs.  Van  StuddlTord.  S6  Mo.  149:  Ashbrook  vs.  Dale,  27 
Mo.  App.  649.  See  as  to  ordinance  provisions  U.  C,  sees.  1518,  1520.  and  notes 
thereto;  also  Charter.  Art.  III.  sec.  28.  clause  tlftli. 

FIRST— WHAT    CONSTITITK. 

Sit.  rjfv4.  Sinks,  hasiiis,  etc.,  reffulatioii— pt'iially.  .Ml  sinks, 
basins  iind  stationarv  labs  in  every  liotel.  lodfiiiif;',  tcnciiicnf ,  lioardinji;- 
li()ii.><e,  or  (illuM-  (Iwellini;  in  llic  cilv  shall  be  provided  with  projiei-  slencli 
tr;iiis,  directly  under  each  sink,  basin  or  slalionary  tnl).  so  coniierled  with 
waste  or  soil  |iipe.  and  so  eonstnieted.  an<l  wiili  the  Irajis  so  adjuslcd  as  to 
prevent  the  esrajte  therelroiii  of  foul  odors  and  ^;ases  lo  the  annoyance,  in- 
jury or  ineoiiveuience  ol  any  person  wiiliin  the  ciiy.  .\iiy  person  or  per- 
sons violatinjr  any  of  the  [irovisions  of  this  section  shall,  tijion  eonvieliou. 
be  lined  not  less  tlian  twenty  nor  more  than  live  hundred  dollars,  to  be  re- 
covered for  the  use  of  the  City  of  St.  Louis,  before  an\  court  or  olTicer  hnv- 
in<;  coni|petent  jurisdiction.     (M.  ('..  sec.  7n\\.\ 

Sec.  585.  Stables,  etc.  W  iieiiever  any  stable,  stall,  slied,  or  apart- 
ment, or  any  yard  or  appurtenance  thereof,  in  which  any  horse,  cattle,  cows 
or  swine,  or  any  other  animal  sliall  be  kept,  or  any  ]ihice  within  the  limits 
t>f  the  city,  in  which  manure  or  liipiid  dis<-hart;('s  of  such  animal  shall  col- 
lect or  accnmnlate.  and  which  stable,  stall,  shed  or  a|iartinent,  or  any  yard 
or  api>iirlenance  thereof,  is  not  kept  in  a  cleanly  and  wholesome  condition, 
so  that  no  otfeusive  smell  shall  be  allowed  lo  escape  therefrom,  it  shall  be 
deemed  a  nuisance:  provided,  thai  nothing  in  lliis  seciion  shall  be  so  con- 
strued as  to  imdnde  manure  deposits  upon  any  ]iri\ate  jiroperty  for  the 
pnr]io.se  of  cultivating  the  same.     (M.  ('.,  sec.  574. j 

.\  livery  utoble  is  not  a  nuisance  pfr  se  but  may  become  such  If  so  kept 
as  to  destroy  the  comfort  of  the  nelgrhbors  or  Impair  the  value  of  their  prop- 
erty: St.  Louis  vs.  Russell.  116  Mo.  248,  259  and  authorities.  See  also  note  at 
heading  of  this  article:  and   further  note  to  section  625  hereinafter. 

See.  586.  ('<)\vs  or  hoff.s  not  to  be  kept  in  pens. — No  dis- 
tiller, butclier,  stock-ih'aler  nv  otiier  iierson  shall  colleci  or  keej)  any  cows 
or  liogs  in  a  jien,  or  otherwise  conline  any  hog  or  hogs  in  the  city  so  as  to 
create  any  nui.sance.     ( M.  C,  sec.  575.) 

See.  5S7.     Ilofis  not  to  be  enclose*!  over  forty-eigfhl  hours. — 

It  shall  not  be  lawful  for  any  jierson  or  |)ersons  to  keep  in  any  inclosure. 
or  otherwise,  any  hogs  within  the  city  for  a  perio<l  exceeding  forty-eight 
hours,  to  the  annoyance,  injury,  inconvenience  or  delrimeni  of  any  ]ierson 
within  the  city.      (M.  ('..  sec.  57(i.) 

Sec.  588.  llojf-pens,  stables,  el<'. -All  pig  jiens.  lois,  stable.s.  yards, 
sheds  or  stys.  in  which  pigs  are  kept  within  the  limits  of  the  city  to  the 
.■innoyance.  injury.  in<-onvenience  or  delrimeni  of  any  person  within  the 
city,  shall  be  deemeil  a   nuisanc<>.      (  M.  ('.,  s<'c.  577.) 

See  Chart..  Art.  III.  sec.  26.  clause  6.  A  hog  pen  or  pig  sty  maintained  In 
close  proximity  to  a  dwelling  honse  Is  a  nuisance  frr  v.-  Whipple  vs.  McEntyn-. 
69  Mo.  App.  .197:  Smiths  vs.  McConathy.  II  Mo.  .".17:  St.  Louis  vs.  Stern.  3  Mrt. 
App.    54 

See.  589.  Filtli>  wafer,  naiiseoiis  li(|iii«l  waste,  et<\ — mis- 
demeanor— p«'nalty      .\ny  |pei-son.  tirni  or  coi-por;iiion.  being  tin-  owner. 


ggg  REVISED  CODE  OR  GENERAL  ORDINANCES.  tCHAP.  11. 

agent,  tenant,  lessee,  occupant  or  managci-  of  any  hotel,  boarding  house, 
lodging  house,  dwelling  house,  tenement  house,  manufactory,  hide  house, 
tannery,  pork  house,  market  house,  laundry,  fish  house,  soap  factory,  brew- 
ery, distillery,  butcher  shop,  dyeing  establishment,  soap  boiling  works,  ren- 
dering works,  oil  factory,  bone  works,  glue  factory,  sausage  house,  dairy, 
cow  stable,  cow  lot,  cattle  pen  or  livery  stable,  built  or  maintained  on  any 
lot  of  ground,  who  shall  allow  to  accumulate  or  be  discharged  from  such 
places  onto  or  in  any  public  street,  alley  or  private  property  in  the  city, 
urine,  liquid  waste  from  stables,  swill,  water  from  privy  vaults,  waste 
water  from  sinks,  wash  water,  or  any  foul  or  nauseous  liquid  waste  of  any 
kind  whatever,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion shall  be  fined  not  less  than  ten  nor  more  than  one  hundred  dollars,  to 
be  recovered  for  the  use  of  the  City  of  St.  Louis,  before  any  court  having 
competent  jurisdiction.     (M.  C,  sec.  578.) 

Sec.  590..    Putrid  meat,  vegetables,  ofTal,  etc.— misdemeanor 

—  I>eiialty. —  Any  jierson  or  owners,  agent,  lessees  or  occupants  of  any 
building,  yard  or  lot  of  ground,  who  shall  allow  to  accumulate  or  remain  in 
or  on  said  building,  yard  or  lot  of  ground,  any  putrid  and  unsound  meat, 
pork,  fish,  hides,  decayed  vegetables  or  food,  manure,  filthy  ash  heaps,  gar- 
bage, offal,  rubbish,  dirt  or  filth  of  any  kind,  which,  by  its  decay  or  putre- 
faction, could  or  would  become  offensive  to  human  beings  or  detrimental  to 
health,  or  shall  create  a  nuisance,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  not  less  than  ten  nor  more  than  one 
hundred  dollars,  to  be  recovered  for  the  u.se  of  the  City  of  St.  Louis,  before 
any  court  having  competent  jurisdiction.     (M.  C,  sec-  579.) 

See  sec.   542  R.  C.      See  Danker  vs.  Mnfg.   Co.,   102  Mo.   App.    723.   727. 

See.  591.  Notice  necessary  before  conviction. — In  the  trial  of 
any  person  charged  with  a  misdemeanor,  as  defined  by  the  next  two  pre- 
ceding sections,  it  must  be  shown  that  said  party  has  been  notified  by  the 
officers  of  the  health  department  or  by  a  notice  served  by  the  city  marshal 
to  remedy  the  matter  complained  of,  and  that  he  or  she  has  failed  to  obey 
such  notice.     (M.  C,  sec.  580.) 

See.  592.  Duty  of  police. — It  shall  be  the  duty  of  all  police  officers 
to  watch  for  any  violation  of  the  above  sections  and  to  report  at  once  all 
the  facts  to  the  office  of  the  health  commissioner.     (M.  C,  sec.  581.) 

Sec.  593.  Above  sections  construed. — Nothing  in  the  next  four 
preceding  sections  shall  be  so  construed  as  to  interfere  with  the  duties  and 
powers  of  the  board  of  health  and  health  commissioner  in  the  condemnation 
and  abatement  of  all  matters  defined  bv  law  as  nuisances.     (M.  C,  sec. 

582.) 

Sec.  594.  Terms  defined.  — The  words  filthy  ash  heaps,  whenever 
u.sed  in  this  artii'le.  shall  be  held  to  include  cinders,  coal  and  everything 
that  usually  remains  after  fires  that  has  been  mixed  with  garbage  or  filth, 
of  any  kind;  the  word  rubbish  shall  be  held  to  include  all  loose  and  de- 
ca.ved  material  and  dirt-like  substances  that  attends  use  or  decay,  or  which 
accumulates  from  building,  storing  or  cleaning;  the  word  gar()age  shall  be 
held  to  include  every  accumulation  of  both  animal  and  vegetable  matter, 
liquid  or  otherwise,  that  is  received  from  kitchens,  and  also  all  putrid  and 
unsound  meat,  beef,  ])ork,  fish,  decayed  or  unsound  vegetables  or  fruits; 
the  word  tenement  house  shall  be  taken  to  mean  and  include  every  house, 
building  or  portion  thereof  which  is  rented,  leased  or  hired  out  to  be  occu- 
pied as  the  home  or  residence  of  more  than  two  families  living  independent 
of  one  another.     (M.  C,  sec.  583.) 


AKT.  XII.l  Oh'  NUISANCES.  ti!)9 

Sec.  595.  Who  liiiltle.  Whenever  aiiv  owner  m-  ii;;('iil  of  aiiv  ImiM 
iuj;  in  tin'  <"itv  of  St.  I.oiii.s  .><li;ill  rent,  Icaso  or  liirc  out  lo  Ix'  oicnpicd  any 
builiiinj;  or  part  tlici-cof  as  a  lioiiic  or  rcsUii'iift'  of  moiH'  tliaii  two  faiiiilies 
liviufx  iiHlt'i'ciiili'iil  of  one  aiiotlicr,  or  a  Imildiii};  lo  dillVrcnt  persons  foi- 
stores  ami  oll'iees  in  said  Ixiiiilin^'.  fiiviny  to  eaeli  I'aniiiv  oi-  person  the  coin- 
nion  right  to  halls,  yards,  wateri-losol.s  or  privies,  or  some  of  them,  then 
sueh  owner  or  aj;ent  shall  he  liable  for  the  eonditioii  of  said  halls,  yards, 
water-iloscis  oi-  privies,  and  said  owner  or  ajjent  may  also  be  made  a  de- 
fendant in  a  |)roseiiition  for  the  violation  of  the  provisions  of  this  article, 
and  be  subject  to  tine,  the  same  as  the  ocitiiiant  of  the  jiremi.ses,  and  any 
prosecniion  for  violation  of  this  article  may  be  maintained  aj^aiiist  the 
ocfupauts,  owner  or  a-ient  of  the  premises  or  either  or  all  of  said  parties. 
(M.  C,  sec.  584.) 

Sec.  ."'.It;.  \\li«'ii  owiirr  or  iiyciit  liablo.  --( )\\  ncrs  or  aJ:(■Ill^* 
shall  only  be  held  res|ioiisibl('  under  the  |)i-ovisioiis  of  this  article  where 
buildings  are  rented  to  dilleicnt  itersons,  as  described  in  section  ~)'.)7),  this 
article,     i  M.  <\.  see.  585.) 

See.  597.  Burning:  «»!'  straw,  otc,  in  vacant  lots  forbid- 
den.— No  person  shall  liuiii  on  any  street,  alley,  vacant  lot,  or  in  any 
building  in  the  city,  any  manure,  straw,  garbage,  or  any  refnse  of  any  kind 
or  descrii>tion.  .\ny  person  violating  the  provisions  of  this  section  shall  be 
deemed  gnilty  of  a  misdemeanor,  and,  npon  conviction,  shall  be  fined  not 
less  than  ten  nor  more  than  one  hntidred  dollars,  to  be  recovered  for  the 
use  of  the  city,  before  any  court    having  comipcteiil   jurisdiction,      i  M.  C, 

sec.  nst;.) 

See   R.   C.    sec.    224:    nlso   see.    1212. 

Sec.  598.     Deail  aninial.s,  lillh,  etc.,  to  be  kept  from  .s(reet.s. 

— No  person  shall  deposit  any  dead  animal  or  excrements  or  filth  from 
privies  or  any  hay  or  straw  or  dirt  or  rubbish  of  any  kind  or  description  or 
tiny  filthy  water  or  manure  ui)on  any  streets,  alleys  or  public  or  private 
property  in  this  city.  Any  [lerson  found  guilty  of  violating  any  of  tlie  pro- 
visions of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  be  lineil  not  less  than  five  nor  more  than  fifty  dollars; 
provided,  that  nothing  in  this  section  sliall  be  so  construed  as  to  include 
manure  dejjosiled  upon  any  private  property  for  the  purpose  of  cultivating 
the  same,      i  M.  ("..  sec.  587.) 

Drad  anliiialat  Burying  dead  nnlinals  In  city  limits  prohibited:  R.  C.  sec.  670: 
carcasses  of  animals  when  nuisance  R.  C.  sec.  684.  Police  to  enforce  sec.  598: 
aeo  R.  C.  sec.  1226;  also  see  next  section  below.  Under  the  constitution  of  Mis- 
souri an  ordinance  Is  void  which  undertakes  to  confer  upon  one  person  the  rltrht 
to  remove  and  convert  to  his  own  use  the  carcasses  of  all  dead  animals,  not  slain 
for  food,  found  within  the  limits  of  the  city  to  the  exclusion  of  the  right  of  the 
owners  of  the  same  to  remove  and  use  them  before  they  become  a  nuisance  be- 
cause of  the  undoubted  property  right  of  the  owner  which  such  regulation  denies: 
River  Rendering  Co.  vs.  Hehr.  77  Mo.  91.  The  carcass  of  a  dead  animal  permitted 
to  be  near  the  dwelling  of  another  may  become  a  nuisance:  Ellis  vs.  K.  C.  St. 
J.  A  C.   B.  R.  R.  Co..   63  Mo.   131. 

Spc.  599.  Duties  of  police.  It  shall  be  the  duty  of  the  poliie 
within  their  respective  districts  to  watch  for  and  arrest  jjcrsons  throwing 
or  |K»rmitting  to  [to  thrown  from  their  premises  into  any  street,  alley,  mar- 
ket place,  sidewalk  or  gutter  any  filth  or  other  matter  prohibited  by  the 
next  prt'ceding  section.     t.M.  f'..  ,iec.  588.) 


700  RKVISKI)  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  11. 

Sec.  GOO.  Slaujihter  houses  to  be  whitewashed Every  slaugh- 
ter house  shall  be  whitewashed  at  least  once  in  each  month  between  the 
first  of  April  and  the  first  of  November,  and  any  person  having-  charge  or 
control  thereof  who  shall  fail  so  to  do  shall  be  deemed  guilty  of  a  misde- 
meanor.    (M.  C.  sec.  589.) 

See.   ()01.     Slaiijfhter  houses,  ete.  —  when  nuisaiiees.  —  If  any 

owner  or  owners,  occupier  or  occupiers  of  any  slaughter  house,  market 
or  meat  shop,  wherein  any  hogs,  beeves  or  other  animals  are  slaughtered 
or  sold,  either  in  said  slaughter  house  or  on  the  premises  of  said  owner  or 
owners,  occujiier  or  occujiiers,  shall  permit  the  same  to  remain  unclean, 
tile  same  shall  be  deemed  a  nuisance.     (M.  C,  sec.  590.) 

See  note  to  next  section.  Wlien  slaughter  houses  are  nuisances:  See  note 
to  heading  of  this  article;   see  also   note   to  sec.    825, 

Sec.  602.     Slaugrhter  houses — how  constructed  and  drained. — 

Xo  butcher  or  other  person  shall  kill  or  slaughter  any  beeves,  sheep  or 
other  animal  within  the  city,  unless  the  house,  yard,  pen  or  place  where 
such  killing  shall  take  jilace  be  provided  with  a  tight  plank  rioor,  or  be 
paved  with  brick  or  stone,  laid  in  cement;  if  jiaved  with  brick  or  stone,  then 
the  earth  below  it  shall  be  sulficiently  solid  to  ju-event  its  becoming  a  recep- 
tacle of  tilth  and  offensive  matter.  The  jiavement  in  every  case  shall  be 
made  with  a  descent  towards  a  gutter,  which  shall  pass  through  the  .same, 
and  leading  to  a  public,  district,  joint  district  or  private  sewer;  and  no 
slaughtering  shall  be  done  in  any  slaughter  house  not  j)rovided  with  a 
sewer  connection  or  with  suitable  tubs  to  be  emptied  dailv.  (M.  C,  sec. 
591.) 

SlniiKhter  huiiKt-H — -Assembly  may  provide  "for  the  erection,  management  and 
regulation  of  slaughter  houses"  and  regulate  the  slaughtering  of  animals. 
Cliarter  III,  sec.  26,  par.  6.  and  sec.  34.  See:  St.  Louis  vs.  Howard,  119  Mo.  47. 
Slaughter  House  cases.  IG  Wall.  36.  See  also  R.  C.  sees.  624  and  625  below  as 
to   what    necessary    before    slaughter   house   can    be    set   up. 

Sec.  (;03.  Green,  unsalted  hides  not  to  be  kept  over  six 
liours. — No  person  shall  ki-i']i  in  this  city  any  given  or  unsalted  hides 
for  a  period  exceeding  si.x  hours,      i  M.  ("..  sec.  ."iOi'.  i 

Sc( .  (i04.     Bone,  fat  or  glue  business  a  nuisan<'e  —  wlien — 

The  business  or  any  part  thereof,  or  any  or  either  of  them,  of  bouf-crushing. 
boiip-boiling.  bone-grinding,  bone-burning,  bone-drying,  fat  burning,  fat- 
boiling,  fitt-rendering,  fat  drying,  gut-cleaning  or  the  making  of  glue  or  thf 
mamifacturiug  of  fertilizing  material  of  any  kind  or  desci-iption,  from  any 
dead  animal,  or  parts  thereof,  or  any  boiling  of  f)flPal,  swill,  fat  or  grease  of  any 
descrii)tion  which  shall  be  done  or  carried  on  in  an  offensive,  unclean  or 
defective  manner  in  any  building,  yard,  or  lot  of  ground  wiiliiii  the  limits 
of  the  city  shall  be  deemed  a  nuisance.     (M.  C,  sec.  .593.) 

Sec   note   to  Charter.   .\rt.   Ill,   sec.   26,  clause  6;   and   ,d.  sec.   .14, 

Sec.  605.  Soap  factories,  etc. — when  nuisances— If  any  owner 
or  owners,  occupier  or  occu])iers  of  any  soaji  factory,  candle  factory,  oil 
factory,  glue  factory,  heni])  factory,  varnisli  factory,  jioik  house,  sausage 
house,  lard  house  or  place  where  lead  is  corroded  by  manure,  sliail  jierniii 
the  same  to  remain  unclean,  or  conduct  their  business  to  tiie  annoyance 
of  the  citizens  of  this  city,  or  any  of  them,  the  same  shall  be  deemed  a  nui- 
sance.    (M.  C,  sec.  594.) 


ai:t.  xii.i  OK  NTisANCics.  701 

Sec.  60(j.  I'lu-Ioan  tlniiiiM,  etc.,  imisaiifes.— An.v  uik  Iimm,  stink 
iiij;,  foul,  (icIVctivc  or  lililiy  driiiii.  diti-Ii.  lank  or  jiiitlcr,  oi-  aiiv  Icakiii}?, 
hrokcii  sluji,  j;ai'liai;f  oi'  iiiamiri'  l)ox«>s  or  r(>cei)taclt'S  of  like  cliaractiT, 
wiit'iu'Vcr  or  whci't'Vfr  loiiiid  witliiu  llic  limits  of  tlic  CKv  of  St.  I.oiiis.  shall 
he  lit'cincd  a  miisainc.     i  M.  (".,  sec.  ;")'.(.").) 

Sec.  tiOT.  (larba}?*',  <>t<*.,  lUiisaiK-*' — wIhmi  —  All  vegetable  waste, 
littcf.  f;arliaj;c  lilili  cn-  iflusi'  of  aii\  iiaiuir.  kind  or  dcscfiittioii  wliatso 
rvt'v  found  in  of  iijioii  any  private  all(\v.  yard  oi-  area  \\ithin  flic  limits  of 
ilic  City  of  St.  Louis,  shall  be  deemed  a  uuisance.     (M.  C.  sec.  r)J)G.) 

As  to  KiiilinKe  see  R.  C.  sees.  119G  nnrt  roUowlns. 

S.'c.  (ills.  I'oiil  li(|iii«ls — not  t<»  Ik'  <lischarj;<Ml  into  ponds 
or  i>iibli<-  plan's —  NH  distiller,  hutclier,  soaj)  boiler,  tallow  rliaiidlef  or 
dyei-  in  this  city  shall  himself,  or  by  any  othcf.  dischai-i;('  out  of  or  fi-om 
any  still  house,  slauichtei-  house  or  wofk  shoji,  foul  or  nauseous  li(|uid  of 
any  kind  whatever,  into  a  ](oiid  of  adjacent  ^idiiiHl  or  into  any  street  or 
|iul>lic  |ilace.     iM.  ('..  sec.  .")S)7.) 

Sec.  liO'.t.     I*utri«l    fat    or   otluT  inatt«'r   not    to   bo   <'olI<M'te<l 

<»r  used.  -  No  sua]!  Iidiler.  Iniichef  n\-  tallow  cliandlef.  shall  keeii,  collect 
Df  use  or  cause  to  be  kept,  colle<'ted  or  vised,  in  this  city,  or  within  one  mile 
thereof,  any  stale,  putrid  or  stinkinji  fat  or  grease  or  other  matter,  or  ren- 
der or  frv  out  the  same,  unless  done  in  an  inoffensive  manner.     (M.  0., 

sec.  ."OS.r 

See.  (JIO.  Kafjs  and  refnsr — wlion  nui.Hance. — WhciKxcr  there 
sliall  be  found  in  or  upon  any  lot  or  piece  of  ground  within  the  limits  of 
the  cit.\'.  any  dirt  gathered  in  cleaning  yards,  waste  of  mills  or  factories,  or 
any  rags,  <hiinaged  mcfchandise,  wet,  broken  or  leaking  barrels,  casks  or 
boxes,  or  any  materials  which  are  otTetisive  or  tend  by  decay  to  l)econie 
putrid  or  to  render  the  atmosphere  impure  of  unwliolesoiHe.  the  same  shtill 
i>e  ilcemed  a  nuisance.      I  M.  C.  sec,  ."SDO. ) 

See.  611.  St'wors — to  ho  fret'  from  nnlsances. — No  person 
shall  in  this  city  deposit  or  throw  into  any  sewer,  sewer  inlet  or  {U'ivy  vault 
which  has  ;i  sewer  connection,  any  article  whatever  that  may  cause  the 
sewer  to  i-hoke  up  or  otherwise  create  a  nuisance,     ( .M.  <"..  sec.  tilMl.t 

Action    for    damages:     Thomas    vs.    Cannery    Co..    6S    M".    App.    H."iu.       See    also 
Rev.  Code.  sees.   2,'!18  and  2,120,  as  to  obstructing  sewers  forbidden. 

Sec.  GIJ.  i'eni'iut'ut  lum.sfs,  rtc,  \\  Iu'm  nni><an<'e.s — Any  tene- 
ment, boarding  hou.se.  lodging  house  or  any  building  used  for  such  pur 
poses,  or  any  jiart  thereof,  within  the  limits  of  the  city,  which  shall  be 
lea.sed,  let  or  rented,  to  be  occupied  by  any  jier.son  lU-  i»ersons.  in  which  to 
ilwell  111-  lodge,  and  which  teiiemeiil  house,  boarding  house,  lodging  house 
or  building,  or  any  ]>art  lher(>of,  is  not  sulTicicnlly  lighted  or  \('niilaied, 
and  pi'ovi<led  with  water,  and  kept  in  a  cleanl.\  and  sanittiry  condition,  or 
which,  any  part  whereof  the  strength,  ventilation,  light  oi-  .sewerage  is  in 
any  manner,  sha|K'  or  form,  dangerous.  iiisutTicient  or  prejudicial  to  life  or 
health,  or  which  shall  not  be  provided  with  adefpiate  and  ]u-operly  con- 
structed pi-ivies  or  water-closets,  shall  be  de<>ine<l  a  nuisjince.  (M.  < '..  sec. 
fiOl.i 


702  REVISED  CODE  OR  GENERAL  ORDTX ANCES.  [CHAP.  11. 

Sec.  (J13.  Tenement  lioiises,  condition  of  constrnetion. — Every 
tciieiiH'iil  luuisc  liiiai-diiij;  lionsc,  l(i(ij;iiiji  iiuuse  or  building  hereafter  erected 
or  remodeled  for  .such  purposes  within  the  limits  of  the  city,  if  intended  or 
allowed  to  contain  more  than  twenty  boarder.s  or  residents,  shall  conform 
to  the  following  conditions,  namely:  First,  adequate  sewerage  and  drain- 
age of  the  most  approved  construction;  second,  adequate  and  wholesome 
ventilation  of  every  room  in  which  any  person  is  to  sleep  or  dwell;  third, 
adequate  chimneys  or  tlues  running  through  every  lloor,  and  an  open  fire- 
place or  grate  or  stove  properly  connected  with  said  chimneys  or  flues  to 
each  family  and  set  of  ai)artnieiits;  fourth,  adequate  and  well  ventilated 
and  sewered  or  vaulted  privies  or  water-closets,  so  situated  and  easily  pre- 
served in  a  wholesome  condition  as  not  to  become  oHeusive  to  the  inmates 
of  any  apartments  or  to  any  persons;  fifth,  adequate  halls,  passages  and 
staircases  and  projier  conveniences  and  receptacles  for  ashes  and  rubbish 
for  the  use  of  all  the  contemplated  occupauts;  sixth,  a  cellar  or  an  oi)en  si»ace 
beneath  the  lowest  wooden  floor  and  story,  of  not  less  than  two  feet  from 
the  lowest  part  of  the  beams,  and  in  which  space  or  cellar  no  water  shall 
staud  or  can  accumulate;  seventh,  water  adequately  and  reasonably  con- 
venient for  the  use  of  all  the  occupants  thereof;  eighth,  no  appurtenances 
or  anything  therewith  connected  that  shall  peril  life  or  health ;  ninth,  the 
usual  and  all  reasonable  precautions  and  provisions  in  every  other  particu- 
lar, and  adeqiiate  space  for  all  occupants,  so  that  the  occupancy  of  said 
building  or  any  apartment  shall  not  be  dangerous  to  life  or  health.  Any 
and  all  tenement  houses,  boarding  houses,  lodging  houses,  or  buildings  em- 
braced in  this  section  within  the  limits  of  the  city,  which  shall  not  con- 
form to  the  provisions  of  this  section,  shall  be  deemed  a  nuisance.  (M.  C, 
sec.  602.) 

See.  C14.  Regfiilations  relating:  to  garbage  and  swill  earts, 
etc. — penalty.  —  Every  cart,  wagon  or  vehicle  used  to  transport  manure, 
garbage,  swill,  ashes,  cinders  or  other  loose  material,  in  any  of  the  streets 
in  this  city,  shall  be  fitted  with  a  good  and  substantial  tight  box  thereon, 
the  sides  of  which  shall  not  be  less  than  twenty-four  inches  high,  and  the 
(ail  board  twenty-four  inches  high,  so  that  no  portion  of  such  manure  or 
other  loose  material  shall  be  scattered  or  thrown  into  the  streets;  and  all 
carts,  wagons  or  other  vehicles,  used  for  hauling  garbage,  swill,  or  other 
offensive  matter,  shall  have  the  box  thereon  closely  covered  with  surt'icient 
covering,  or  so  closely  fitted  as  to  prevent  the  escape  or  flying  about  of  any 
of  the  contents  or  effluvia  therefrom.  Every  contractor  or  other  jierson 
using  any  cart,  wagon  or  other  vehicle,  or  causing  any  cart,  wagon  or  otlier 
vehicle  to  be  used  for  the  purpose  herein  named,  which  does  not  com](ly 
with  the  provisions  of  this  section,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  ujion  conviction  thereof  shall  be  fined  not  less  than  twenty  dollars  nor 
more  than  two  hundred  dollars.     (M.  C,  sec.  608.) 

See  R.    C.    sec.    688. 

Sec.  61.5.  Water  leaking  from  defective  hydrants,  etc.— a 
nuisance. — Whenever  in  any  celhir,  or  basement  part  Ihereof,  of  any  liouse 
or  building  within  the  limits  of  the  city,  there  may  be  found  water  oc- 
casioned by  leakage  from  defective  hydrants,  water  pipes,  sewer  pii)es,  cis- 
terns, or  wells,  gutters,  cb-aius,  rain  spouts  or  see})age  from  the  surround- 
ing earth,  or  the  walls  of  any  cellar  or  ba.sement  shall  be  found  to  be  damp 
or  moist  from  any  of  the  causes  named  in  this  section,  then  such  water, 
le.'ikage,  seepage  or  moisture  shall  be  deemed  a  nuisance.     (M.  C,  sec.  604.) 

Sec.  616.     Lots  containing  offensive  water— nuisances — Any 

lol  or  ]iiece  of  ground  within  Ihc  iiiiiils  of  the  city,  on  wliicli  there  is  a  i)ond 


ART.  XII. 1  OK  NUISANCES.  703 

or  jiuol  iif  iinw  liolcsumc,  impure  (ir  (ilV('ii.<!ivt>  water,  sliiill  lie  ileemed  a  imi- 
sauce.     {M.  C,  sec.  OOiJ.) 

Ponils  are  not  nuKsam-rs /rr  j,-  llolkt-   vs.    Mtiinai).  S7  Mo.  App.   125. 

Sec.  (ilT.  IMHIiy  watiT,  vtv.,  whoii  iiiii.sancc. — Whenever  I'loin 
anv  distillery,  brewery,  tiimii'ry.  hide  house,  (purk  liouse,  laundry,  lish  house, 
Boap  factory  or  any  yard,  dwelling;,  store  nv  factory,  or  any  yard  or  inclos- 
ure  of  any  kind  whatsoever  within  the  liiuits  of  the  city,  tliere  is  discliarged 
into  OP  ou  any  street,  avenue,  wharf,  alley,  sidewalk,  p;utter  or  any  vacant 
lot,  any  tiltliy  or  otYensive  water,  smell  oi-  liquid  wasie  oi'  refuse  of  any 
kind  of  an  olVensive  character  which  is  oll'eiisive  or  which  is  lialile  to  hecoiue 
80,  the  same  sliall  he  deemed  a  nuisance.     (.M.  ('..  sec.  (>(l(>.) 

Dlstlllcrj'  may   be  nuisance:    Smiths  vs.  McConatli.v.   11    Mo.  517. 

Sec.  61S.  Wells  and  risteriis — wlioii  nuisancos. — Any  well  or 
cistern  on  any  |)roiierty  witliin  the  limits  of  tlie  city,  whenever  a  chemical 
analysis  shows  that  the  water  of  said  well  or  cistern  is  of  an  iinjiure  or  iin- 
wholesome  nature,  shall  be  deemed  a  nuisance.     (M.  C,  sec.  607.) 

ReopenlnK  wells  see  R.  C.  sec.  449.  The  city  has  authority  to  abolish  wells 
in  the  streets  and  an  ordinance  to  that  effect  operates  as  a  revocation  of  previous 
license  to  construct  same,  and  an  adjoining:  owner  who  had  constructed  them 
Is  not  entitled  to  compensation:    Ferrenbach  vs.  Turner,  S6  Mo.   41G. 

Sec.  Gist.  AVihmIs  prohibited  —  niisdcnicaiior,  poiialty.  —  Any 
owner,  les.see  or  occupant,  or  any  ajieiit,  servant,  rei)resuiilaliv(!  or  employe 
of  any  sudi  owner,  lessee  or  occupant,  having  control  of  any  lot  of  ground 
or  any  part  of  any  lot.  wlio  shall  allow  or  maintain  on  any  such  lot  any 
growth  of  wwds  to  a  height  td'  over  one  foot,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  he  lined  not  less  than  ten  nor  more 
than  one  hundred  dollars,  to  he  recovereil  for  the  use  of  the  City  of  St. 
Louis,  hefore  any  court  having  coiupetent  jurisdiction.     (  M.  (".,  .sec.  (j08.) 

This  ordinance  Is  within  the  police  power  of  the  city  to  pass  and  Is  not 
violative  of  either  the  federal  or  state  constitution,  and  is  authorized  by  the 
Charter:    St.   Louis  vs.  Gait.  179  Mo.   S. 

Sec.  620.  Lots  and  blocks  only  included. — Notliing  herein  re- 
lating to  wihmIs  shall  he  construed  as  aiijilyiiig  to  any  jiortion  of  the  city 
not  subdivided  into  blocks,  or  to  any  fields  used  for  farming  or  gardening 
purpo.ses.     iM.  ('.,  sec.  (Vlft.  I 

Sec.  621.  How  cut  and  tlisposcd  ol". — Weeds  when  cut  down 
must  1h?  removed  from  the  lot  and  dis[)osed  of  in  such  manner  as  not  to  cre- 
ate a  nuisance,     i  M.  C,  sec.  GUI.) 

Sec.  GJJ.  Duty  of  police. — It  shall  be  the  duty  of  all  police  officers 
to  watch  for  any  violation  of  the  next  three  preceding  sections  anil  to  rejxirt 
at  once  all  the  facts  to  the  oftice  of  the  healili  rdiumissioner.  i  .\I.  i '.,  sec, 
611.) 

Sec.  623.  Woe<lH  d<>fined — The  word  "weeds"  as  used  herein  .shall 
Im'  held  to  include  all  rank  vegetable  growth  which  exhale  unpleasant  and 
noxious  odors,  and  also  liigh  and  rank  vegetable  growth  that  may  conceal 
rtlthy  deposits.     (M.  C,  sec.  G12.) 

The  word  "weeds"  must  be  understood  to  mean  what  are  commonly  known 
to  mankind  and  lexicographers  as  weeds:  the  ordinance  does  not  purport  to  g\ve 
nn  exclusive  deflnltlon  of  "weeds"  but  on  the  contrary  only  attempts  to  Include 
certain  thinics  which  mitcht  possibly  not  he  otherwise  commonly  understood  aa 
embraced    therein:    St.    I»ul8    vs.    Oalt.    179    Mn.    S.    13. 


704  JtKVISKIi  colli-:  OK  UIONIiRAL  ORIUNANCKS.  ICMAP.  11. 

Sec.   624.     Duty   of   street  coniinissioiier  to   remove  weeds 

when. — It  shall  be  the  duty  of  the  .street  commissiouer  whenever  he  shall 
be  uotitied  b.v  the  health  ooiniuis-sioiier  of  the  existence  of  weeds  on  the 
publie  streets  and  alleys  in  the  city  to  cause  the  same  to  be  removed.  (M. 
C,  sec.  613.) 

Sec.  625.  Permission  necessary  to  open  stone  quarry,  and 
to  build  soap  factory,  kiln,  slau}»hter  house,  livery  stable, 
automobile  shop,  etc.,  etc. — Hereafter  no  stone  quarry  shall  be  opened, 
or  brick  kihi  built,  or  soap  factory,  or  slaughter  house,  or  garbage  works, 
or  bone  factory,  or  rendering  factory,  or  livery  stable,  or  boarding  stable, 
or  sales  stable,  or  any  other  stable  having  accommodation  for  ten  or  more 
animals,  or  structure  for  the  storing,  caring  for  or  repairing  of  automo- 
biles, motor  cars  or  other  vehicles  using  oil,  electricity  or  steam  as  motive 
power,  or  vitriol  factory,  or  tannery,  or  candle  works,  shall  be  erected, 
built  or  established  on  any  lot  of  ground  in  the  city  without  permission  so 
to  do  having  first  been  obtained  from  the  Municipal  Assembly  by  proper 
ordinance;  nor  shall  any  house,  shed  or  structure  be  used,  altered,  changed, 
removed  or  repaired  so  as  to  establish,  conduct,  oi)erate,  carry  on  or  main- 
tain any  such  business  or  occupation  therein  without  simihir  authority. 
Any  person,  company  of  persons,  firm  or  corporation  violating  any  of  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  not  less  than  one  hundred  dollars 
nor  more  than  five  hundred  dollars  for  such  offense.  (Ord.  22182,  amend- 
ing M.  C.  614.) 

For  Charter  .Tiithority  see  Cliart..  Art.  Ill,  sec.  26.  clause  sixth,  and  sec.  34. 

Ord.  221S2  amended  sees.  614  and  615  of  the  M.  C.  and  repealed  sees.  155,  158 
and  157  of  ord.  22022  (the  building-  code)  -with  which  they  conflicted,  at  least  so 
far  as  provisions  foi-  livery   stables  were   concerned. 

The  riglit  of  the  city  to  require  the  consent  of  the  Municipal  Assembly  to 
the  establishment  of  a  business  of  this  kind  (in  that  case  a  dairy)  was  upheld 
in  the  case  of  Fischer  vs.  St.  Louis,  194  U.  S.  361,  affirming  St.  Louis  vs.  Fischer, 
167   Mo,    654. 

LIverj-  stable.s.  The  former  ordinance  requiring  the  written  consent  of  one- 
half  the  owners  of  the  block  to  establishment  of  a  livery  stable  was  held  void 
as  a  delegation  of  legislative  power,  in  St.  Louis  vs.  Russell.  116  Mo.  24S,  (hold- 
ing  also    that    a   livery    stable   is   not     per  ze     a  nuisance). 

Brlek  kiln.  Authority  by  ordinance  to  operate  a  brick  kiln  is  no  defense 
where  the  brick  kiln  is  a  nuisance,  and  the  fact  that  a  brick  kiln  was  established 
before  there  were  any  dwelling  houses  in  its  vicinity  is  immaterial:  State  ex 
rel.  vs.  Board  of  Health,  16  Mo.  App.  8:  Powell  vs.  Brick  Co.,  104  Mo.  App.  713. 
Kiln  cannot  be  located  within  300  feet  of  residence  without  consent  of  owner  and 
occupant:  Chart.,  Art.  Ill,  sec.  34:  an  ordinance  to  that  effect  upheld  as  reason- 
able: see  below,  in  paragraph  on  stone  quarries.  A  prosecution  for  violation  of 
a  city  ordinance  in  erecting  a  brick  kiln  within  three  hundred  feet  of  a  resi- 
dence does  not  involve  the  question  of  a  nuisance  and  does  not  make  that 
question  r«  adjndicata  as  to  the  city:  State  ex.  rel.  vs.  Board  of  Health,  16  Mo. 
App.  .S.  A  brick  kiln  is  not  a  nuisance  per  se,  but  it  is  a  nuisance  in  fact 
when  vapors  and  smoke  arising  therefrom  are  productive  of  material  discomfort 
to  the  occupants  of  premises  in  close  proximity  thereto,  but  it  is  not  essential 
that  pecuniary  loss  should  result;  Kirchgraber  vs.  Lloyd.  59  Mo..  App.  59: 
Powell   vs.    Brick   Co..    104   Mo.    App.    713. 

Sloiijshter  liou.sc  One  who  purchases  a  house  built  for  and  once  used  as 
a  slaughter  house,  but  which  has  not  been  so  used  for  four  years,  repairs  it. 
and  begins  the  business  of  slaughtering  there,  "opens  a  slaughter  house" 
within  the  meaning  of  the  ordinance.  A  house  in  which  people  reside  as  a 
dwelling  house  is  a  residence  within  the  meaning  of  ordinance  provisions:  St. 
Louis  vs.  Kreutz.  12  Mo.  App.  591.  See  also  as  to  right  of  city  to  regulate 
slaughter  houses:  St.  Louis  v.s.  Howard.  119  Mo.  41;  do.  vs  do..  119  Mo.  47: 
Charter,  Art.  HI.  sec.   26,  clause  6;    ,/■..  .\rt.   Til,  sec.   34. 


AKT   -Ml.)  OF  NUISANCES.  705 

sole  groiiiul  that  It  Is  proliibiti'd  by  onlinaiuc:  Warri'ii  vs.  CavanaUKh.  S:)  Mo.A|)|>. 
sole  ground  that  is  prohibited  by  ordinance:  Warren  vs.  Cavanagh,  33  Mo.  App. 
1U2.  See  as  to  precautions  necessary  for  blasting  It.  C.  sec.  1563.  See  Charter 
provisions  referred  to  in  above  note.  (Art.  III.  sec.  34)  providing  that  no  stone 
iiuarry.  kiln.  etc..  be  operated  within  3rti1  feet  of  a  residence  without  the  consent 
of  tile  owner  and  occupant;  an  ordinance  so  providing  was  held  to  he  valid  in 
St.    Louis   vs.    Freln,    it   Mo.    App.    5I1U    (memo,   opinion). 

Sec.  (12(1.  SaiiK'  —  luiildinjfs— ex('<'i»ti<nis.  li  sliall  noi  Ix-  hiw 
fill  fill'  any  ipcrson.  ((PiniianN  ul  |i(M-S(iii.-<.  tirm  nr  coriioral  ion  lo  work  a 
stone  (|iiarrv.  or  lo  oiicralc  or  roiidun  or  (air\  on  a  hl-'ick  Uilii.  or  soaji 
rarioiy.  or  a  slaiij^liicr  liuiisc.  or  a  jiarliaj^c  works,  (tr  a  lionc  laclory.  or  a 
rcnilt'iiiii;  faiiorv.  or  a  livery  stable,  or  a  lioardiiifi  stable,  or  a  sales  slalile. 
or  a  stable  lia\iiii;'  aecoiuinodal  ioii  for  liMi  or  iiun'e  iiiiiiiiais.  or  the  business 
of  stoi-iii<;,  carinj;  lor  or  repairing;  lor  hire  autoiiiobiles,  motor  ears  or  other 
veiiiiles  using  oil,  steam  or  eleetrieity  as  a  motive  power,  or  a  vitriol  lac 
tory,  or  a  tannery,  or  cainlle  works,  in  any  biiildinji  now  oxistiiifi.  in  ilie 
|irocess  ol'  coiistructioii.  or  which  may  hei'eat'ter  be  erected,  or  on  any  loi 
of  i;roiiiid  in  the  <ity.  without  permission  so  to  (h)  liaviiifx  first  been  obtained 
Irom  the  .Municipal  Assembly  by  a  projier  oi'dinance;  nor  shall  any  house, 
shed  or  struclure  now  existing,  in  the  ]irocess  of  construction  or  which 
may  hereafter  be  erected,  be  used,  altered,  ehanged,  removed  or  repaired  so 
as  to  estal)lish,  conduct,  carry  on.  operate  or  maintain  any  such  busiuess  or 
occupation  therein  without  similar  authority.  Any  jiersoii,  company  of 
persons,  tirm  or  corporation  violating  the  provisions  of  this  section  sliall 
Ik-  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
tilled  not  less  than  one  liiindreil  dollars  nor  more  than  Hnc  hundred  dollars 
for  such  olh-n.se;  provided,  however,  that  nothing  in  lliis  section  shall  he 
deemed  to  apjily  to  any  person,  company  of  pei'sons,  tirm  or  c(u-porat  Ion,  in 
the  carrying  on,  maintenance  or  conducting  of  such  business  or  occii|iatioii 
in  the  ](reiiii.ses  lawfully  occupiied  and  used  by  them  for  such  use  or  occn|ia 
tioii  at  the  time  ai'  Ihc  passage  of  this  ordinance.  ( ( »i  d.  llL'lSi;.  amend. 
M.  ('.,  .sec.  (il.").) 

Ord.  22182  amended  sees.  614  and  61.">  of  the  M.  C.  and  repealed  sees.  lau. 
l.'>6  and  157  of  ord.  22022  (Building  Code)   which  was  In  conflict  herewith. 

License  for  livery   stable  see  R.  C.  sec.   2256. 

Sec.   ()27.     Manufacture  of  injurious   artioU's  proliibitcd. — It 

shall  not  be  lawful  for  any  perscui,  corporation  or  tirm  to  erect  any  build 
iiig  for  the  purpose  of  manufacturing  or  ]U'oduciiig  any  article,  or  to  manii 
factufe  oi-  ju'oduce  any  article,  the  manufacture  of  which  is  injurious  to 
till-  public  health,  or  which,  in  the  manufacture  thereof,  emits  an  olVensive 
odor  to  the  e.vtent  of  ci-eating  a  nuisance  to  the  surnniiiding  inhabitants, 
wirhoiit  tirst  having  obtained  the  ])erinission  so  to  do  from  llie  .\lmiiii|ial 
.\ssi>mlilv   by   proper  ordinance.      (  .M.   ("..  sec.  (ild.) 

Sec.  {\-2S.  NuisaiK'i'  in  g:«'iH'ral,  (Icfiiicd-  i;very  art  or  thing  done 
or  made,  jiermiiied,  allowed  or  continued  on  any  ])ropei-ty,  public  or  private, 
by  any  person  or  corporation,  their  agents  or  servants,  to  the  damage  or 
injury  of  any  of  tiie  inlial)itants  of  this  city  and  not  herein  Ix-fore  siieci- 
tied.  shall  l>e  d(><'nuMl  a  nuisance.     i.M.  ('..  sec.  tilT.i 

The  state  .statutes  after  providing  certain  things  tn  be  nuisances  ( R.  S. 
1S99.  sees.  223.1-223S)  continues  (sec.  2239)  "every  person  who  shall  erect  or 
maintain  any  public  nuisance  ...  to  the  annoyance  or  lnjur>-  of  any 
portion  of  the  inhabitants  of  this  state  shall  be  deemed  guilty  of  a  misdemeanor." 
The  state  law  as  to  nuisances  does  not  undertake  to  cover  all  cases  of  public 
nuisances,  and  as  to  those  not  provided  for  by  statute  the  common  law  remains 
In  force:  State  vs.  Ball.  '>9  Mo.  321.  See  also  note  Introductory  to  this  article 
»s  to   what   Is  or   Is   not  a   nuisance. 


706  REVISED   CODE  OR  GENERAL  ORDINANCES.  (CHAP.   11. 

Sec.   629.      Definitions   of    terms    used   in   ai'tide The   word 

"tenement-house,"  where  it  occurs  in  this  article,  shall  be  taken  to  mean 
and  include  every  house,  building  or  portion  thereof  which  is  rented,  leased, 
let  or  hired  out  to  be  occujiied  or  is  occupied  as  the  house,  home  or  resi- 
dence of  more  than  three  families,  living  independently  of  one  another  and 
doing  their  cooking  upon  the  premises,  or  by  more  than  two  families  upon  a 
floor,  so  living  and  cooking,  but  having  a  common  right  in  the  halls,  stair- 
ways, yards,  water-closets,  or  privies,  or  some  of  them.  A  "lodging-house" 
shall  be  taken  to  mean  and  include  any  house  or  building  or  portion  thereof 
in  which  persons  are  harbored  or  received  or  lodged  for  hire  for  a  siugle 
night  or  for  less  than  one  week  at  a  time,  or  any  part  of  which  is  let  to  any 
person  to  sleep  in  for  any  term  less  than  one  week.  A  "cellar"'  shall  be 
taken  to  mean  and  include  every  basement  or  lower  story  of  any  building  or 
house  of  which  one-half  or  more  of  the  height  from  the  floor  to  the  ceiling 
is  below  the  level  of  the  street  adjoining.  The  phrase  "boarding-house" 
shall  be  held  to  include  every  building  and  every  story  and  portion  thereof 
which  is  at  any  time  or  usually  used,  leased  or  occupied,  or  intended  so  to 
be,  by  any  number  of  persons  exceeding  ten,  as  boarders  thereat.  The  word 
"rubiiish"  shall  be  held  to  include  all  the  loose  and  decayed  material  and 
dirt-like  substances  that  attends  use  or  decay,  or  which  accumulate  from 
building,  storing  or  cleaning.  The  word  "garbage"  shall  be  held  to  include 
every  accumulation  of  both  animal  and  vegetable  matter,  liquid  or  other- 
wise, that  attends  the  preparation,  decay  and  dealing  in  or  storage  of  meats, 
fish,  fowls,  birds  or  vegetables.     (M.  C,  sec.  618.) 

Sec.    630.     Penalty  for  violating  provisions   of   article. — Any 

person  violating  or  failing  to  comjily  with  any  of  the  provisions  of  this 
article  and  to  •which  no  special  penalty  is  attached,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  fined  not  less 
than  twenty  dollars  nor  more  than  two  hundred  dollars.     ( M.  <?.,  sec.  619.) 

SECOND — .ABATEMENT    OP   NUIS.A.NCE9.* 
*See   Charter,   Art.    XII.    sec.    6. 

Sec.  631.  Nuisances  —  duty  of  police  —  It  is  made  the  duty  of 
all  police  officers  to  observe  the  sanitary  condition  of  their  districts,  and, 
through  the  chief  of  police,  to  report  to  the  health  commissioner  promptly 
any  nuisance  or  accumulated  filth  found  to  exist  in  any  portion  of  the  city, 
lii.  C,  .sec.  620.) 

See  Charter.    .\rt.   XII,   sec.    4.   making   same   provision. 

Sec.  632.  PoAver  of  police  and  agents  of  board  to  enter  prem- 
ises.— The  jtolice  and  such  officers  and  agents  as  may  be  designated  or 
employed  by  the  board  of  health  for  that  ])uri(Ose  are  authorized  to  enter 
and  examine  all  tenements,  cellars  and  other  places  within  the  city.  If 
they  shall  find  any  nuisance  whatever  they  shall  report  the  same  immedi- 
ately to  the  board  of  health,  unless  such  owner  or  occu]iaiit  immediately 
cause  the  same  to  be  removed.     (M.  C,  sec.  621.) 

Sec.  633.  Epidemics —proclamation  in  time  of. — Whenever  it 
shall  come  to  the  knowledge  of  the  Mayor  that  any  malignant,  infectious 
or  contagious  disease  or  epidemic  is  prevalent  in  the  city  or  will  probably 
become  so.  he  may  make  jjroclamation  of  such  fact  to  the  inhabitants:  and 
after  such  jiroclamation.  the  health  commissioner,  with  the  approval  of  the 
board  of  health,  shall  have  power  by  order  to  take  all  steps  and  use  all 
measures  necessary  to  avoid,  suppi'ess  or  mitigate  such  disease,  without  the 


ART.   XII.  1  OF  NUISANCES.  707 

iiili'TVi'iitioii  III'  ilic  a.ssi'iiiMv,  in  llie  sniiif  iiiiimicr  and  as  ctl'iMtuallv  as  llic 
assi'iiil)l\  could  ilsfir  do  \>\  oi-diiiaiuc.  and  iiiav  ciiiploy  such  oriiccrs,  aficuts. 
servants  and  assistants,  csiablisli  tcniiiorai-v  Inispilals,  pi-ovidc  ii('ci'.ssai\v 
furnituro,  medical  atteiulaiice  and  imr.sps  as.  in  the  opinion  of  tlie  said 
coiniiii.ssioiioi-,  with  the  advice  and  counsel  ol'  said  board  ol'  liealth.  uuiy  be 
necessary  and  advisable;  provided,  that  the  ainouut  expended  shall  not  ex- 
ceed the  aiii>i-oiu-iation  for  the  health  de|)ai-tnient.  The  health  comniissioiier 
shall  have  and  exercise  such  |io\vef  until  lie  shall  declare,  or  until  the  Mayor 
shall  pioclaini.  that  the  epidemic  or  disease,  in  view  of  which  the  proclama- 
tion was  made,  is  no  lon<;ei-  imminent  or  prevalent,  whereupon  the  said 
power  shall  cease,     i  M.  L'.,  sec.  (ilili.) 

This   is  ii   reitiiiuion  of  tlif  Cliarter  provision:     .\rt.   XII,  sec.   8. 

See.  6:^4.     DtH'Ji.ved   or  (laiifferon.s   ;irli«-h'.s   («»   l>t>    <los(r<»y<>(I. 

— Whenever  any  beddiny,  clothinj;,  putrid  oi-  unsound  meat,  beef,  pork, 
tisli,  hides,  or  skins  of  au.v  kind,  decayed  or  unsound  vefjetables  or  fruit, 
or  any  other  article  found  within  the  city,  which,  in  the  oi)ini()n  of  (he 
liealth  conimissioiicr.  shall  be  danocrons  to  the  health  of  the  inhabitants 
thereof,  he  shall  lia\e  the  jtowei'  and  authority  to  cause  to  be  destroyed 
any  and  all  such  articles  above  named  in  such  manner  as  he  may  direct, 
and  he  may  employ  such  persons  as  he  may  deem  jiroiiei-  to  remove  or  de 
stroy  such  articles,  and  every  ])erson  who  shall  in  an.\  manner  resist  or 
iiinder  au.v  ]ierson  so  em[)loyed  shall  be  deemed  fjuilt.v  of  a  misdemeanor, 
ami  on  conviction  there(if  shall  be  lined  not  less  than  live  nor  more  than  one 
hundred  dollars,  and  all  such  lines,  when  collected,  shall  be  jiaid  into  the 
city  treasury,     i  .M.  C,  sec.  023.) 

See.  635.  Heddiii};*  t*t<'.,  <I:iiij?t'r«mM  (<>  liealth,  to  !»«'  val- 
lU'd  ;ni«l  paid  for.  —  Whcni'ver  any  beddiiij;,  clotliin<4'  or  household 
j;oo(ls  ari'  found  within  ilir  city,  which,  in  the  oitinion  of  the  health  com- 
missioner, shall  be  dangerous  to  the  health  of  the  inhabitants  thereof,  and 
which,  in  his  opinion,  should  be  removeci  or  destroyed,  he  shall  cause  said 
articles  to  be  appraised  and  make  out  a  voucher  in  favor  of  the  owner  or 
owners  of  such  property,  and  all  such  accounts,  when  sifjiied  by  the  health 
commissioner,  shall  be  examined,  api>roved  and  sif;ned  by  a  majority  of  the 
board  of  health  and  countei'sio;ned  by  the  president  or  health  commissioner 
and  attested  by  the  clerk,  wliereii]ion  the  auditor  shall  draw  his  warrant 
upon  the  treasurer  therefor.     (M.  (".,  sec.  024.) 

See.  636.     Health  eoiuniissioner— powers  to  abate  imisaiu'e. 

• — Every  nnisatice  hereinbefore  mentioned,  declared  or  delined.  is  li<'reby 
jifoliibited.  and  whenever  the  Imard  of  health  shall  have  ofticially  declared 
of  record  that  an.\  nuisance  exists  \\ithin  the  limits  of  the  city,  as  defined 
by  the  provisions  of  this  article,  the  health  lommissioner  shall  iiave  the 
]io\ver  to  order  said  nuisance  to  be  abated  or  removed,  either  by  lilliii},'  uii. 
draining.  cleanin<r.  purifying,  discontinuin';  or  removing  the  same.  :U5  the 
ra.se  may  1k'.     I  M.  C.  see.  G25.) 

See  St.   Louis  vs.   Klynn.   128  Mo.   413,   -122. 

See.  037.  N'oti*'*' t«»  al>a(«' —  lieariii}; — penalty  for  failure  to 
<d)ey  order  of  <'<nniuissioner. — Whenever  any  owner  or  owners,  agent 
or  agents,  occtipants  or  tenants,  having  charge  of.  doing  business  in,  or 
occupying  any  house,  store,  building  of  any  kind,  or  description,  or  having 
charge  or  control  of.  or  doing  business  in  or  on  any  vacant  lot.  yard  or 
piece  of  ground  within  the  limits  of  the  city,  shall  be  served  with  a  notice 


708  Ri:\"isi:i)  coin-;  or  gknhkal  ORfiiXANCES.  [Chap.  ii 

from  tlie  heiiltli  luiiiniissioiici-.  (ndcrin^i  ;iii\  luiisaiirf  to  be  ;il)ate(l  or  re- 
moved, cither  h,v  tilliii}:  up.  ilruiiiiiiji,  cU-aniiiji.  iiiirit'\  iiij;.  (lisroiitinniiiK'  or 
reiuoviug  the  ^sallle,  as  the  case  may  lie.  which  notice  shall  be  served  U])ou 
the  owner  or  owners,  ajjent  or  agents.  occu|iants  or  tenants  having  charge 
ol',  doing  business  in.  or  occupying  any  house,  store,  Imilding  of  any  kind 
or  description,  or  iiaving  charge  of  any  house,  store,  building  of  any  kind 
o)'  description,  oi-  any  lot  of  ground  where  siicli  nuisance  exists,  in  the  same 
manner  as  writs  of  summons  are  re()uired  ro  be  ser\ed  in  civil  cases,  and 
whenevei'  any  owner  or  owners,  agent  (U'  agents,  occupant  or  tenant,  who 
shall  have  been  so  .served  \\ith  such  notice  from  said  health  commissioner, 
shall  fail  within  the  time  indicated  in  such  notice,  which  shall  be  discre- 
tionary with  said  health  commissioner,  to  comply  with  such  ()rder,  or  fail 
to  show  good  cause  to  said  health  commissioner  why  he  cannot  or  ought 
not  to  comj)ly  with  such  order,  for  wliicli  purpose  he  shall  be  entitled  to  be 
heard  before  said  health  commissioner  and  board  of  health,  if  he  so  re- 
(juests  it,  within  ti\e  days  of  the  receipt  or  .service  of  the  order  from  said 
health  commissioner,  then  he,  she  or  they  failing  or  refusing  to  comjdy 
with  said  order  shall  be  decMued  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  tined  not  less  than  five  dollars  nor  more  than  five  hun- 
dred dollars,  to  be  recovered  for  the  use  of  the  city,  before  any  court  or  offi- 
cer having  competent  jurisdiction;  provided,  however,  that  on  the  trial  of 
the  i)arty  charged  with  the  commission  of  such  misdemeanor,  lie  shall  have 
the  right  in  his  defen.se  to  contest  the  existence  of  the  facts  alleged  to  be 
a  nuisance.     (  M.  (\.  sec.  620.1 

Charter,    Art.     XII.    sec.     t>.      See  t  ti  f  t  a    sections     642     and     following    and    see 
St.   Louis  vs.  Flynn.   128  Mo.   41S. 

Sec.  68S.  Street.H  and  alleys — (•omniissi<»ner  to  report  nui- 
sanees  on. —  ^^'heIlevel•.  in  the  opinion  of  the  health  commissioner,  preser- 
vation of  the  health  of  the  inhabitants  of  the  city,  or  any  portion  thereof, 
reijuires  steps  to  be  taken  to  remove  any  cau.ses  that  in  his  opinion  are 
dangerous  to  the  lives  of  citizens  of  St.  Louis,  or  where,  in  his  opinion, 
certain  jjiiblic  work  necessary  to  be  done  in  a  sanitary  point  of  view,  or 
where  there  exist  any  ])onds  on  the  dedicated  streets  or  alleys  of  the  city, 
A\hicli  ])onds,  in  the  oiiiiiion  of  the  health  commissioner,  are  nuisances  and 
detrimental  to  the  jmblic  iiealth,  it  shall  be  his  duty  to  make  a  report  to 
the  board  of  health,  setting  forth  all  the  facts  in  the  case,  which  facts  shall 
Sjiecify  what  matters,  in  his  opinion,  are  deleterious  to  the  public  health, 
in  what  locality  of  the  city  they  are  situated,  their  character  and  cause, 
and  the  manner,  in  liis  o])inion,  in  which  they  should  be  removed,  and, 
when  possible,  the  estimated  cost  of  work  proj)osed  to  be  done.  (M.  C. 
sec.  iVll.) 

Sec.  63!).  Action  of  hoard  on  report. — The  hoard  of  health 
whenever  the  health  commissioner  sliall  make  any  report  to  them,  as  pro- 
vided for  in  section  038,  shall  make  a  careful  inquiry  into  the  same;  and  if. 
in  the  opinion  of  the  board  of  health,  the  sanitary  measures  recommended 
by  the  health  commissioner  are  necessary  and  proper  to  be  carried  out, 
they  shall  so  officially  declare  the  same  of  record,  and  shall  direct  the  work 
to  be  done  in  the  manner  as  provide<l  for  hereafter  in  this  article.  (M.  ("., 
sec.  628.) 

Sec.    040.     B«>ard    to    direet     \v«»rk    to    be    done  —  wlien.  — 

Whenever  any  sanitary  measures  are  to  l)e  carried  out  or  work  to  be  done 
as  provided  for  in  this  article,  the  board  of  health  shall  by  order  direct 
the  presidinit  of  the  board  iif  public  ini]>rii\-eiiieiits  to  cause  said  work  to  be 


AKT   Ml  I  OK  ^•^1SA^•('I■:^^.  709 

<l(iiic  ill  tilt'  iiiiiiiiR'i'  iiiiil  liv  moans  as  sliall  lit-  iiiilicalcit  li\  ihc  Ixitird  nf 
lu-alth;  iiiul  the  rost  of  said  work,  when  lullv  i-oiiijilctod,  sliall  be  ceititicil 
tt>  l>.v  the  ]iresi(l(>iit  of  the  hoard  of  juihlic  iiiiiir()veiiietits,  and  shall  he  ap 
jiriived  and  si^'iicd  liv  a  niajoritv  of  the  lioiird  of  health,  and  when  so  si^iii'd 
and  a|i|'ro\«'d.  that  iiortion  for  which  ihe  city  is  lialde.  shall  lie  |iaid  oiil  of 
(he  fund  set  ajiart  for  the  aliaii-nii'iil  of  nnisaiircs  on  imlilic  ])ro|i(>i'l\  and 
for  s|ic(ilii'  saiiitarv  measures,  and  the  halaiicc  li\  s|iciial  asscssiiiciils  as 
|ii'ovided  in  this  article.     (M.  C  sec.  (il'il.  i 

S. .'     t)41       W  lirn    oiiinion    oT    |»r(>si«i(>nt    of    i>o;ir«l    of    piiblu* 

iin|»rov«'nn'iit"<   s|i;ill    <-i>iit  rol. — If.     in     ll pinic f    llic    |>nsidiiii 

hoard  of  piildic  iiii|>ro\eni(-nis.  the  work  to  lie  done,  or  iln'  iiielliod  |iro]i<iseil 
In  the  hoard  of  health  for  such  work,  are  not  judicious  or  praci  icahle.  lie 
sliall  so  notify  the  hoard  of  health.  <:ivin<;  his  reasons  therefor  and  his  rec- 
ommendations in  Tlie  premises:  and  if.  in  the  opinion  of  the  hoard  of 
health,  sueli  reasons  an(]  o]tinioiis  of  ihe  presideiii  of  the  lioar<l  of  public 
improvements  are  reasonahle  and  pro|per.  they  may  (U-der  the  work  to  he 
dime  in  the  manner  indicated  hy  the  president  of  the  hoard  of  public  im 
proveiuents.     (  M.  C.  see.  (i:i(l.  i 

Sec.  ()42.  Notice  to  abate  iiiiisaiices.  —  It  shall  be  ihe  duty  of 
the  liealth  conimissioner.  w  iienevei'  he  has  any  ktiowledj;e.  or  when  any 
eoinplaiiit  has  been  iiiach'  to  said  health  commissioner  by  any  cili/.eii.  thai 
any  business,  trade  oi-  jnofession  carried  on  in  the  city,  by  an,\  |)ersoii  or 
persons  or  corporations,  agents  or  manaiicrs,  is  delriiiiental  lo  ]iiiblic 
health,  nv  wlieni-\cr  any  nuisance  or  tilth  exists  on  the  ](roperty  of  any  jier 
son  or  cor|iorati<ui.  to  notify  such  person  or  persons  or  corjioration.  ap'iil 
or  luanajier  Iti  show  cause  before  the  board  of  health  al  a  liiiie  and  jilace  lo 
he  specilied  in  such  notice,  why  the  same  should  nor  be  abaled.  disconi  iiiiied 
or  removed,  which  notice  of  the  health  ((unmissioiier  shall  not  he  valid  nil 
less  sei'ved  on  the  parly  to  whom  it  is  directed  at  l(>ast  live  days  helore  the 
time  s]iecilied  in  such  notice  (except  in  case  of  e|ii(leiiiic  or  ])esiilence, 
wlien  the  health  lommissioner  may.  by  u'eiieial  order,  diieii  a  shorler  liine|. 
(M.  C,  see.  (i:!l.i 

See.  ()4.S.  DlaiiiuT  of  sevvict*. — Such  notice  shall  be  served  upon  said 
jierson,  persons,  corpuiatiiui.  a;.'ent  or  maiia;;er  in  the  same  manner  as  wiils 
of  siiiiiiiions  are  reipiin-d  to  be  servi-d  in  ci\il  cases.      i.M.  ('.,  se<".  <w?l!.  i 

Sie   St.   I^tiis   vs.   Flynn.    12.S   ilo.    413,   as   to   siTvloi-   ot   notice,   etc. 

See.  (544.  Noti«-«'  by  piibli<-atioil.  —  If  such  notice  cannot  be  i;iven 
for  the  reason  thai  the  owner,  corporation,  mana};er.  ajieiil  or  other  peis(ms 
named  in  such  notice,  cannot  Im'  found  in  the  city,  of  which  fact  the  reiurii 
upon  such  notice  of  the  officer  or  ]ierson  serving  the  same  shall  be  comhi 
Hive  evidence,  then  the  health  commissioner  shall  cause  sncji  noiice  '<<  be 
]iuldislied  in  the  newspapers  doin;:  the  cil\  pi  iiil  iiii.'.  fur  I  wo  consecu:ive 
days  I  Sundays  excepted  i.     iM.  ('..  si-c.  ti:!."I.  i 

See.  ti4.'i.  Appfaraiicc — attidavit.  .\t  the  time  tixed  in  such  iioiict- 
for  tlie  |)arties  to  ajipear  U-fore  the  board  of  liealth.  said  ]iarlie,s  may  ap- 
|K»ar  in  jM^rson.  Iiy  attorney,  or  cause  may  be  shown  by  affidavit,     i  M.  <"., 

wc.  i;:u.  I 

Sec.  ti4ti.  <>r<l«T  to  abate,  .\fter  hearing;  all  ilie  fac  is  in  'he 
ease,  if,  in  the  ojiinion  of  the  lioard  of  health,  no  <;ood  and  siiflicieiii  cause 


710  REVISED  CODE  OR  GENERAL  ORDINANCES.  ICHAP.    11 

be  showii  wliv  said  miisaucc,  business,  trade  or  jirofession  should  not  be 
abated,  discontinued  or  removed,  said  board  shall  direct  the  health  com- 
missioner to  order  the  i)arties  to  abate,  discontinue  or  remove  the  same 
within  such  time  as  the  health  commissioner  may  deem  reasonable.  ( il.  C, 
sec.  G3:j.) 

Sec.   G47.     Penalty   for    refusal    to    obey    or«ler  to    abate. — 

Any  person  or  persons  ('ailing  or  relusiug  to  obey  the  order  or  orders  of 
the  health  commissioner  relating  to  the  abatement  of  nuisances  shall  be 
^deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
not  less  than  twenty  nor  more  than  live  hundred  dollars;  and  such  person 
or  persons  shall  be  subject  to  like  tines  for  each  and  every  day  he.  she  or 
they  shall  continue  such  nuisance,  business,  trade  or  jirofesuion  after  the 
expiration  of  the  time  specified  in  the  order  of  the  health  commissioner 
for  the  abatement,  removal  or  discontinuance  of  the  same.  The  fines 
mentioned  in  this  article  shall  be  collected  as  other  tines  and  paid  into  the 
city  ti-eastiiy.      iM.  ('..  sec.  (i30. 1 

Sec.  648.     Abatement  of  pond  nnisanee— notice,  hearing,  etc. 

— Whenever  one  oi-  more  citizens  in  the  City  of  St.  Louis  living  in  the  im- 
mediate vicinity  of  any  pond  or  jionds  of  jjutrid  or  stagnant  water  shall 
notify  the  health  commissioner  that  said  pond  or  ponds  are  a  nuisance 
by  being  dangerous  to  life,  or  detrimental  to  the  health  of  the  neighbor- 
hood in  which  they  are  situated,  or  when  the  health  commissioner  shall 
be  uotitied  by  the  jiolice,  or  by  some  sanitary  officer,  of  the  existence  of 
any  i)ond  of  unwholesome  or  impure,  or  offensive  water,  he  shall  notify 
the  owner,  agent,  lessee  or  occujjant  of  the  ground  u])oii  which  said 
pond  is  situated,  to  show  good  cause  before  the  board  of  health,  at  the 
time  and  j)lace  to  be  specified  in  said  notice,  why  said  i)ond  or  ponds 
should  not  l»e  abated  by  filling  or  draining,  and  the  cause  of  said  nuisance 
removed,  which  notice  of  the  health  commissioner  shall  not  be  valid  unless 
served  at  least  five  days  before  the  time  specified  in  such  notice,  and  such 
notice  shall  be  served  in  the  same  manner  as  writs  of  summons  are  re- 
quired to  be  served  in  civil  cases.  If.  after  careful  in(iuiry  into  the 
same,  the  said  board  of  health  shall  decide  that  said  pond  or  ponds  are 
a  nuisance  and  dangerous  to  life,  detrimental  or  injiu-ious  to  the  health 
of  the  neighborhood,  said  board  shall  condemn  the  same  as  a  nuisance, 
and  the  health  commissioner  shall  order  the  abatement  of  the  same,  either 
by  filling  or  draining.  If  the  owner,  agent,  lessee  or  occupant  to  whom 
such  order  has  been  issued  shall  refuse  or  neglect  to  comply  with  the  same 
within  the  time  indicated  in  said  notice,  and  fail  to  abate  said  nuisance, 
then  said  owner.  ag(>nt.  lessee  or  occujiant  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  not  less  than  one  hun- 
dred nor  more  than  five  hundred  dollars:  and  each  and  every  day  after  the 
time  specilied  in  said  notice  of  the  health  commissioner  wherein  said  pond 
nuisance  exists  shall  constitute  a  separate  and  distinct  offense.  ( M.  C, 
sec.   0:57.) 

Sec.  (i-lft.     Proceedinffs  in  case  of  nuisance — notice  to  board. 

— \\'henever,  in  the  ojiinion  ol'  Ihe  hiNillh  conuiiissioner,  a  nuisance  l)y 
reason  of  accumulated  filth  or  from  any  cause  exists  within  tlit>  coi'|)orate 
limits  of  the  city,  it  shall  be  the  duty  of  said  health  commissioner  lo  lay 
such  facts  before  the  board  of  health.      (M.  ("..  sec.  (i'.iS.) 

Sec.  6r)().  Action  of  boar<l  of  health.  — Fpon  the  presentation 
of  such  facts  it  shall  be  the  duty  of  tlH>  board  of  health  to  consider  the  same, 
and   if.  in  the  opinion  of  a   majority  of  the  members   thereof,  a   nuisance 


AKT    XU  1  OB'   NUIS.VNCKS.  7II 

exists,  as  roportcd  liv  the  licallli  ronimissioiici'.  siicli  fact  shall   lie  ofriiiall v 
so  (IcclariMl  of  i-ccdi-d  liv  said  iioai'd.      (M    ( "..  sec.  (>;{'. I. ) 

Sfc.  ().")1.  Notiro  to  owiUM*,  etc.,  !«  abiitc.  —  In  order  to 
cllVc-t  tlu'  alialciiu'iil  of  siuii  iniisaiici-  or  iciiiovai  of  accumiilatcd  lillli  the 
lit-altii  I'oiniiiissioiier  siiall  al  once  notify  the  owner  or  owners  liiereor  of 
his  or  their  ajient  or  the  lessee  or  oeenpant  of  tlie  premises  upon  which  such 
nuisance  or  accumulated  tiltii  exists,  to  abate  or  remove  the  same,  either 
hy  lilliuf;  up,  drainin<;.  cleaning;,  pui'lfyinji  or  reniuvini,'  liie  same,  as  tlie 
case  may  lie.      i  M.  ('..  sec.  (Ull.  i 

Sec.  1)5"-'.  ^laiiiUT  of  servife. — Said  notice  sliall  ije  served  on  tlie 
owner  or  aj^eut  or  occu|iant  havinji  ciiarfje  of  said  property,  in  the  same 
manner  as  writs  of  sumnuuis  are  reipiired  to  he  served  in  civil  ca.ses.  1  M. 
(\,  sec.  till.  I 

.Si,-.  (i.')3.  Penally  for  failuro  t<)  abate  —  heariiifr  —  special 
tax-ltill. — If  tile  person  who  shall  lunc  l)een  so  served  wiih  such  notice 
shall  fail,  witliin  the  linu'  indiraled  in  such  notice,  which  shall  i)e  dis- 
cretionary witii  said  health  commissiiuier,  to  com]ily  with  such  order,  or 
fail  to  show  j;ood  cause  to  said  health  commissioner  why  he  cannoi  or 
oufrht  not  to  comply  with  such  order,  for  which  purpose  lu'  shall  lie  entitled 
to  be  heard  before  said  health  commissioner  and  board  of  health,  if  he  so 
riMpiest  it,  he  shall  be  deemed  <;uilty  of  a  misdiMiieanor.  ami  u]ion  conviction 
thereof  shall  he  lined  not  exceedinji  five  hundred  dollars;  ami  the  nuisance 
shall  be  abated  and  s|)ecial  tax-bills  rendered  ajiainsl  the  |)i'operiy  in  the 
same  manntM'  as  ajj;ainsi  non  I'csidents,  exce])t  that  m)tice  by  advertisement 
shall  not  be  necessary,     i  M.  ('..  sec  (ill',  i 

See.  654.  Notiee  1»\  piiblieatioii.  Il  smh  service  canuol  be  made 
for  the  reason  that  the  owner.  ajLjent  ov  other  person  ha\iiii:  charge  of  the 
property  on  which  the  nuisaiue  may  exist  cannot  be  found  in  the  city,  of 
which  fact  a  return  upon  such  notice  of  the  officer  serving  the  same  shall 
Ix-  conclusive  evidence,  then  the  health  commissioner  shall  cause  such  no- 
tice to  1m^  ]iublished  in  the  newsjiapers  doin;;  the  i-ity  |irinlini;  for  \\\  n 
cdusecni  ive  days   (Sunday  excepted  1.      iM.  <"..  sec.  (!4.'!.  1 

Sec.  C55.  I'nieeediiifjs  where  owner  fails  to  abnte — eost 
as  .spoeial  tax.-  -If  wiihin  two  days  after  the  service  of  such  notice,  or 
aftci-  its  |iublication.  as  aforesaid,  such  nuisance  shall  not  be  abated  or 
the  order  obsei'ved  by  the  owner,  agent  or  occupant,  then  the  health  com- 
missioner inay  (U-der  the  same  to  be  doiu'  as  hereinafter  directed;  and  the 
cost  of  the  same  when  fully  completed,  shall  be  ascertained  under  the  di- 
rection t)f  the  jiresident  of  the  board  of  public  imiirovements  in  the  same 
manner  as  special  tax  bills  for  street  imiirovements;  •■md  the  amount 
thereof  shall  be  asses.sed  as  a  special  tax  against  the  projierly  so  im]iroved, 
or  upon  which  such  work  has  been  done,  in  the  name  of  the  owners  thereof, 
of  which  the  books  of  the  assessor  shall  be  proof,  and  the  cerlilied  bills 
of  such  assessmeni  shall  descrilM'  therein  the  pro|ieii\  upon  which  the  work 
was  cliiiie.      I  .M.  (".,  sec.  ((44.) 

The  city  cunnot  fXerciao  the  power  to  abate  nuisances  wliere  the  owner 
faUs.  and  4*nforee  a  reimbursement  of  the  expenses  by  a  lien  on  the  lot.  where 
the  nulsanee  was  created  by  the  city  Itself.  The  cit.v  cannot  create  a  nuisance 
on  defendant's  lot  and  then  rei^ulre  him  to  abate  It  at  his  own  charsre:  Hannibal 
vs.    Richards.    Sa   Mo.    App.    l.i;    Hannibal    vs.    Richards.    SI   Mo.    .1S6. 


712  REVISED  CODE  OK  GENERAL  ORDINANCES.  ICHAP.    11. 

Sep.  656.  Special  tax-bills  a  lien. — Said  liills  shall  be  recorded 
and  sliall  ho  roliected  and  paid  as  ja-ovidcd  iu  the  charter  in  relation  to  the 
collection  of  other  special  tax  bills,  and  shall  be  a  lien  on  said  propertv. 
(M.  C,  sec.  645.) 

Sec.  657.     Record   to   be   kept   by   health   coinniissioiier — It 

sliall  be  the  duty  of  the  heal  I  h  coiiiiiiissioner  to  keei)  a  record  of  his  pro- 
ceedings in  all  cases  of  abatenieni  of  nuisances  ordered  by  him.  ('SI.  C., 
sec.  646.) 

See.  658.  Apportioniuent  of  cost. — The  cost  of  abating  nuisances 
on  ])rivate  jiroperty  shall  be  levied  and  assessed  uii  each  lot  in  jiroportion 
to  the  amount  of  the  work  done  and  material  used  in  abating  the  nuisance 
located  on  such  li>t.      i.M.  C.  sec.  647.) 

Sec.  659.  Same — pond  nuisance  abated  by  drainajj:e. — When 
a  jiond  nuisance  is  abated  by  drainage,  the  total  cost  of  the  work  and  ma- 
terial used  for  the  jiurpose  of  draining,  shall  be  levied  and  assessed  on  all 
lots  which  were  in  whole  or  in  jtart  covered  by  the  water  at  the  time  of 
the  condemnation  of  said  pond  by  the  board  of  health;  each  lot  to  be 
assessed  proportionately  1o  the  area  of  such  lot  covered  by  water  at  the 
time  of  its  condemnation  by  the  board  of  health,  and  such  drainage  may 
be  conducted  to  a  public,  joint  district  ,or  district  sewer,  or  natural 
waterway.      i^I.   ('.,  sec.  (US.) 

Sec.  660.     Same— cost  where  pond  nuisance  abated  by  lillin.u-. 

— When  such  pond  nuisance  is  abated  by  tilling,  the  total  cost  of  tilling  )*liall 
be  levied  and  assessed  on  alj  lots  on  which  such  tilling  has  been  done,  and 
each  lot  shall  be  charged  ]»rojiortionately  to  the  quantity  of  material  de- 
]iosited  on  such  lot,  and  sncli  tilling  shall  be  carried  up  to  a  point  where 
the  water  on  the  lot  can  be  drained  into  a  ]niblic.  joint  district,  or  ilistiict 
sewer,  or  natural  waterway.      (  M.  ('.,  sec.  (Uil.) 

Sec.  661.  Same — separate  assessnu^nts — when.— When  a  {xnul 
nuisance  is  abated  by  both  draining  and  tilling,  separate  as.sessments  shall 
be  made  for  draining  and  tilling  in  the  iii.uiner  hereinbefore  jirovided.  (M. 
('..  sec.  6r.O.) 

Sec.  662.     President  to  contract  to  abate  nuisance  —  when.  — 

^^■hen  the  nuisance  to  be  abated,  discontinued  or  removed,  is  laused  by  de- 
fectively and  illegally  constructed  privy  vaults  or  cesspools,  or  is  caused 
by  defective,  broken,  leaking  or  improperly  constructed  private  sewers, 
or  is  caused  by  failure  to  connect  any  building  or  lot  with  a  jniblic.  joint 
district,  district  or  jn-ivate  sewer  accessible  from  the  building  or  lot,  or 
where  a  nuisance  to  be  abated  is  caused  by  an  illegally  constructed,  de- 
fective or  dangerous  iiliunbing  or  sewering  on  any  premises  in  the  city,  or 
where  the  nuisance  to  be  abated  is  causr^l  by  the  accumulation  of  tilth  in 
any  building  or  lot  of  ground  in  the  city;  then,  the  president  of  the  board 
of  public  improvements  shall  have  the  power,  and  it  shall  be  his  duty  to 
enter  into  a  contract  for  the  abatement  or  removal  of  such  uuisaTice,  in  sncli 
manner  as  is  hereinaftei-  jn-ovided.      (M.  <\,  sec.  651.) 

Sec.   663.     When  vaults  and  cesspools  to  be  reconstru<*te«l — 

All  defective,  illegal  vaults  and  cess|)ools  shall  be  reconstructed  in  the  man- 
ner as  prescribed  by  the  ordinances  of  the  city  in  relation  to  vaults  and  cess- 
])ools.      I  M.  C,  sec.  6.52.) 


Ai;r.  xiii.)  Ob'  i>p:.\ii  animals.  71( 

Sec.  t>i>l.  \\  lifii  |>ri\ii(»'  s«-\>«Ts  l<>  l)«'  i-«>4-oiis|  ru4(<><l — All 
tlclVrtivf.  illi'i;;ill\  (muisI  iinlcd,  liiukcii.  Icakiii;;.  |irivatc  sewers  shall  lie 
reeoiisiniricil  anil  i'e|ilai'eil  in  the  same  nianner  as  ]ii-i>vi<le(l  hv  (lie  ordi- 
nances of  llie  cil\    t'ur  Mil'  <  iinsi  iiicl  inn  of  new  sewers.      i  .M.  (".,  sec.  lirili.) 

Sec.    t>6.').  W  lu'ii   pliiiiihiii^',   «'(i-.,   1<)   Im'   rcphxril.     All    illegal, 

(lefectixe  anil  (lan;;eii>ns   |ilnniliiii;,'  anil   .sewcrin;^  nn   an,\    prcMiises  shall    he 

if'cnnstrncleil  anil   lejilaceil   in   the  nianner  as  (H'cscriheil  h_v   the  ordinances 

III'  the  ritv   in  1-elaliciii   to   |ilmnlpiii^'  and  sewei-inLT.       I  .M.  < '..  sec.  (>ri4.) 

Sec.  G6(>.  Cost  to  ln'  r«'rt  ilh'd.  -The  cost  ol'  all  woik  as  aiKlmr- 
i/.eil  l>v  the  |irovisions  ol  this  aiticle  shall  he  made  nji  and  certitied  to  liy 
the  |i!-esidenl  of  ihe  hoard  of  piihlic  imin'oveinenis.      i.M.  ('.,  sec.  tirio.  i 

For  authority    for    those   sections    rolatlng    to    spcrial    tax-bills    for    almttinint 
of   niiisanc'i-s  see   Charter.   Art.  XII.   sees.    6   and    7. 

Sec.  (iGT.  Special  tax  lull.s  made  out — how.  Si.ecial  tax  hills 
:l<;ililisr  Ihe  proiieilv  n|)on  which  the  woik  has  heeii  done  shall  he  made  oul 
liv  the  ]iresiileiit  of  the  iioai'd  of  |iiihlic  iiii|iro\ eiiients  in  like  manner  as 
oilier  s|iecial    ta.K  bills.      iM.  ('..  sec.   fl.-ill.  i 

Sir  (iiw  (out  factor  — rij;lil  ol  to  ♦'liter  premises — <»l»stni<-tioii 
iiiis«|«Miieanor. —  Whenever  any  nuisance  has  Iwcn  ordered  to  lie  almtcd 
nniler  the  |irovisions  of  this  article,  and  the  |iresii|eiit  of  the  hoard  of  |iiililic 
iiii|>rovenienls  has  awarded  a  contract  for  doin^'  the  work,  the  contractor, 
his  ao;ents  and  ein|(lo.\es  shall  have  the  riolil  to  enter  ii|ion  the  iiio|iert\  on 
which  the  iiiiisaiice  exists,  for  the  imrpose  of  ahatiiif;  Ihe  same,  and  any  jier- 
soil  or  pel-sons  interfei-iiig  witii  or  liiiideriiio  or  obstruct  iiio;  the  couractor  or 
liis  ein|iloyes  ill  Ihe  perfonnaiicc  of  the  work  of  abatiiif;  the  nnisniice.  shall  be 
deemed  ^iiiilty  id'  a  inisdemeaiior,  and  iiiioii  coiniction  thei-eof.  before  either 
of  ihe  police  justices  of  the  city,  shall  be  lined  not  less  than  twenty  nor  more 
than  tiM-  hnnilred  dollars,  tiie  same  to  be  collected  and  jiaiil  as  other  lines 
for  iiiisdeineanors  as  are  now   |iio\idcd  for  1(\   law.      i.M.  ( '..  sec.  ('>.~)7. 1 

Sec.  G69.  ( 'out  r;icl  tor  work.  -All  contracts  for  work  contcm- 
plaleil  liy  tiiis  article  on  which  special  tax  bills  shall  be  issued  shall  he 
eiilered  iiiio  as  pro\  iileil  by  section  seven  of  article  Iwelve  of  the  charier. 
I.M.  <•..  s<'c.  i;.-)8. ) 

See  note  at  the  beglnnlPK  of  this  artlele. 


.Mrrici.i:  .\i 1 1. 

OK  CARCASSES  OK  I)KA1«  .\.\  I.M.\l..s.  .\.\|.  CARBAOK  OU  OKFAU* 

'Those  provisions  In  the  Miinlrlpal  I'ode  relating  to  Barbanre  ami  slops  whlih 
were  formerly  Incltided  In  this  nrtlrle  as  pertalnlnK  to  the  Health  Pepartnunt 
were  rt'nilered  niiKator>'  by  the  ileelslon  In  State  vs.  Butler.  ITS  Mo.  271.'.  hnlillne 
that  the  Hoard  of  Health  could  not  make  any  contrai't  for  disposal  of  j^arbage, 
and  those  duties  were  transferred  by  ordinance  to  the  street  department  whero 
they  now  appear:  See  sees.  1196  and  followlnK.  Sections  S't  to  703  of  Mun. 
Code  were  repeaU-d  by  ord.  2H20;  and  sees.  704  to  7iis  4»f  Mun.  Code,  as  well  as 
709  to  714.  are  not  Iniluded  In  this  revision  because  thi'V  were  special  ordinances 
which  expired  by  time,  and  they  have  been  supersfd*-d  by  later  ordinances:  sees. 
of  M.  C.  from  674-711.1  were  repealed  by  ord.  20476.  which  so  far  as  Its  substantive 
provisions  went  was  d»'clare«l  Invalid  In  Statf  vs.  Huth*r.  lupra.  and  was  th»'re- 
afti-r    repealed    by    ord.    21417. 


714  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.    11. 

Sec.   (J7U.     Burying  animals  within  city  pi'ohibited It  shall 

not  be  lawful  for  any  person  or  persons,  firm  or  corporation,  to  bury  the 
body  of  any  dead  horse,  mule,  cow,  ox,  goat,  hog,  sheep  or  dog,  anywhere 
within  the  limits  of  tlie  city.      (M.  C.  sec.  651).) 

See.   R.  C.   sec.   ."i9S  as  to   keeping  dead  animals  oft  of  streets,   etc. 

Sec.  671.  Same — on  lots  forbidden. — It  shall  not  be  lawful  for 
any  owner  or  owners,  or  his  or  their  agents,  or  any  tenant  or  any  other 
person  to  bury  or  permit  to  be  l)>iried  the  carcass  of  any  dead  animal 
on  any  lot  of  ground  oi-  yard  within  the  limits  of  the  city.      ( M.  C,  sec.  660.) 

See.  672.  Animals  buried  in  lots  to  be  removed. — When- 
ever the  health  commissioner  shall  have  information  that  there  has  been 
buried  on  any  lot  of  ground  or  yard  within  the  limits  of  the  city  the  carcass 
of  any  dead  aninuil,  he  nuiy  require,  bv  order,  the  t)wner,  agent  or  tenant  of 
such  lot  of  ground  or  yard  to  have  such  carcass  disinterred  and  removed  to 
a  proj)er  i)lace  to  be  steam  rendered.  Any  person  or  persons,  firm  or  cor- 
poration failing  to  com]ily  with  the  order  of  the  health  commissioner  shall 
be  deemed  guilty  of  a  misdemeanor.     (M.  C,  sec.  661.) 

Sec.  673.  Same  — cost. — If  the  carcass  of  any  dead  animal  is  found 
to  have  been  buried  upon  any  jjublic  street  or  alley  in  the  city,  or  upon  any 
lot  of  ground  or  yard,  the  tiwner  or  agent  of  which  cannot  be  found,  the 
health  commissioner  shall  have  the  power,  if  in  his  judgment  he  may  deem 
it  necessary,  to  have  the  same  disinterred  and  delivered  to  the  contractor 
for  the  removal  of  dead  aninuils,  the  cost  of  said  distinterment  to  be  i)aid 
out  of  the  fund  for  the  abatement  of  nuisances  on  juiblic  ju-operty.  (^I. 
C,  sec.  662.) 

Sec.  674.  Penalty. — Any  pt'rs(ju  or  persons,  firm  or  corporation,  vio- 
lating or  failing  to  com])ly  with  any  of  the  ])rovisions  of  the  four  ])receding 
sections  shall  lie  guilty  of  a  misdemeanor,  and,  u])on  conviction,  shall  Im' 
fined  not  less  than  two  hundred  nor  more  than  five  hundi-ed  dollars,  the 
same  to  be  recovered  for  the  use  of  the  City  of  St.  Louis  before  any  court  or 
officer  having  competent  jurisdiction.     (M.  C,  sec.  663.) 

Sec.  675.  Duty  of  police. — It  shall  be  the  duty  of  the  police  to 
watch  for  and  arrest  all  persons  found  violating  any  of  the  provisions  of 
the  above  sections.      (  ^I.  ('..  sec.  664.) 

Sec.   676.     Repoi't    as   to    carcasses  to    be    made    to    board 

of  health. — It  shall  be  the  duty  of  all  agents  and  employes  of  the  board 
of  health,  and  of  all  jiolicemen,  to  re])ort  to  the  board  of  health,  any 
carcass  and  the  remains  of  any  dead  animals  which  they  may  find,  or  of 
the  existence  of  which  witliin  the  city  limits  they  may  be  informed,  as 
soon  as  may  be,  and  within  three  hours  after  such  fact  shall  come  to  their 
knowledge,  and  the  board  of  health  shall  enter  such  report  in  a  book  to  be 
kept  for  that  purpose,  and  designate  therein  the  locality,  as  near  as  the 
same  can  be  ascertained  by  them,  where  such  carcass  or  remains  were 
found,  also,  the  hour  when  reported.     (M.  ('.,  sec.  665.) 

This  seotion  and  the  following  one  were  amended  by  ordinance  22580.  ap- 
proved Oct.  12.  1906  (after  the  submission  of  the  ordinance  in  revision  to  the 
assembly,  so  that  it  was  too  late  to  incorporate  the  amendments  in  the  revised 
code).  The  amendments  are  aimed  to  bring  the  matter  within  the  street  depart- 
ment as  well  as  board  of  health,  and  so  as  to  harmonir'.e  with  the  ruling  of  the 
Supreme  Court  in  the  case  of  State  vs.  Butler.  178  Mo.  272.  See  this  ordinance  set 
out  in  the  appendix  to  Revised  Code. 


AUT    XlII  I  OK  nKAr>   ANIMAUS.  7J5 

iSfi".   1)77.     ('<mtr;uloi-    to    !>«•    iiotif'uMl — «lut>    of Thf   ntonsaid 

Imok  shall  :i(  ail  liiiics  1k'  i(|)t'ii  ti>  llic  iiis|p('cl  ion  of  ilic  piililic,  and  every 
[iiTSdii  may  r<']inri  tlu'  cxistiMu-i'  of  any  carcass  m-  llic  i-cinains  of  any  dead 
animals  «  iiliiii  llic  city  limits,  ti)  the  ch'rk  dT  the  l>()ai-d  of  hcaltli.  or  lo  any 
jioliccman  nr  ai  any  police  station,  with  the  jiefsoii  in  cliar}i;e  thereof,  who 
shall  immeiiiately  repoi-t  (lie  same  at  the  oltice  of  the  Itoard  of  health,  and 
also  iiolil'x  the  conliactor  lOr  the  removal  of  dead  animals  to  n'iiiu\c  llic 
same  wiiliin  six  lioiiis.  of  dayli^hl  time,  after  receiving  siicli  nolicc.  and 
iijion  the  failure  of  snch  contractor  to  i-emove  smli  dead  animal  williiii  the 
lime  and  mannei-  in  this  article  specified,  snch  conlraclor  shall  he  deemed 
finilty  of  a  inisdemeanoi',  and  on  conviction  ihereof  he  shall  lie  lined  not  less 
than  tliirty  dollars  for  the  tirst  oll'eiise,  and  for  every  snl)se(|neiit  otlense 
fifty  doliai's.  lo  lie  recnvei-ed  as  fines  bofofe  the  police  courts,     i  M.  ('.,  sec. 

<;»;•;".) 

See  preceding  section. 

See.  678.  Carcasses  not  t<»  bv  rcinovt'd. —  It  shall  not  be  lawful 
lor  any  person,  co-partnership  of  jiersons.  or  corporation,  to  remove,  tlay. 
sieani-render.  or  in  any  other  manner  dispose  of  tiie  carcass  of  any  dead 
animal  which  lias  lieen  aliandoneil  hy  its  owner,  or  has  liecome  a  nnisance, 
and  which  is  found  lyinj;  ii]ion  the  streets,  alleys  or  piililjc-  places  of  the 
city,  or  on  pri\ate  premises  therein.     (M.  ('..  sec.  (it!7.  i 

Sic.  671).  (iircassos — roiuo\;il  «>r  iiiuItT  inTinit. — Any  jjcrson 
c»)partnership  of  jiersons.  or  corporation,  desirinji  to  remove  the  carcass 
of  any  dead  animal,  in  whole  or  in  jiart.  and  owned  liy  snch  per.son,  cojiart- 
nershi|i  of  |iersoiis  or  corporation,  ami  lyinj;  iijion  the  streets,  alleys,  or  puli- 
lie  places  of  the  cily.  iir  on  jirivale  premises  therein,  shall  make  a|)plicaliou 
to  the  health  commissioner  lor  a  permit  so  to  do.  stalinj;  the  kind  of  carcass 
or  animal  to  lie  removed,  the  ])lace  to  and  from  which  the  same  is  to  lie 
taken,  and  the  character  of  the  pi'odncts  to  be  derived  from  the  same,  and 
shall  {jive  a  bond  to  the  city  in  the  snin  of  five  thonsand  dollars,  to  be  ap- 
proved by  the  Mayor  and  Council,  and  conditioned  that  none  of  the  prodncts 
of  the  carcass  or  parts  of  the  carcass  of  snch  dead  animal  shall  he  eniiiloyed 
or  sold  1>\  ilieiii  for  the  ]iiir|ioses  of  human  food,  and  that  all  };reas(»  or  other 
|irodiicis  rendered  or  maiinfact  nred  or  jiacked  for  use.  or  traiis|iorled  to  or 
from  the  niarkel  in  the  city  or  elsewhere,  shall  be  branded  with  a  biiriiino; 
brand  as  follows:    "rroduct  of  dead  animals.  St.  Louis."     i  .M.  ('..  see.  GtiS.) 

Sec.  6S0.  CarraHses — nianiuM*  <»f  removal  of. — All  permits  to 
remove  a  dead  animal  as  jinivicled  by  this  aiiicic  shall  be  sif;ned  by  the 
health  commissioner  and  attested  by  the  clerk  of  the  board  of  heallh.  and 
no  such  dead  animal  shall  be  removed  except  in  covered  wa};ons.  well  I'ov- 
ered  with  tarpanlins  or  otherwise,  and  in  the  most  inotl'(>nsive  manner  ]ios- 
sible.  Th(>  drivers  of  teams  conveyin<;  ;iway  carcasses  shall  not  stop  on  the 
way  nnless  detained  by  some  accident,     i  M.  ('..  sec.  (ili!!.  i 

Sec.  6S1.  r«TmiI  iiia.v  In-  rrcalU-d.  Tlic  health  <  ommissioner  may 
at  any  lime  recall  such  perniil  if  any  of  tlu-  rules  or  onlei's  of  the  health 
coiiiiiiissioner  are  \iiilalcil.      i  M.  ("..  sec.  Vt~i).\ 

Sei".  G82.  \\  Ik'Ii  «'arca.s.Hc.s  are  not  it*  he  ii.sed  lor  lootl. — 
No  jHM'son,  eoparlnership  of  persons  or  corporations  shall,  in  tlu'  City  of  St. 
Louis,  (lay.  nit  up.  sell  or  maniifactnre  into  linnian  f<iod  or  any  odier  prod- 
uct whatsoever  any  carcass,  or  pari  of  any  carcass  of  any  dead  animal,  not 
slain  for  the  purpose  of  rmman  food,  nor  of  any  dead  animal  disea.seil  or  in 


710  KJCVISED    CODK    OR    GENERAL   ORDINANCES.  [CHAP.    11. 

ail  luisouiul  or  iHiliealtliy  coiKlitiou  at  the  time  of  its  killing;,  unless  smli 
j)ei'st)ii,  cojiartueisliip  ui  jieisous  or  corjioration  sliall  liave  ou  tlieir  jn-eiiiises. 
witliiu  suitable  iuclosui-e,  tijiiit  reuderiug  tanks,  which  rendering  tanks  shall 
be  so  constructed  so  that  all  the  escape  steam  shall  be  conducted  into  tanks 
of  equal  dimensions,  tilled  with  water  and  so  constructed  that  all  surjdus 
steam  and  gases  or  vapors  that  arise  after  passing  through  such  tanks  of 
water  shall  be  conducted  under  the  tires  of  the  boilers  of  such  estaldish- 
nients;  and.  provided,  further,  that  all  such  establishments  engaged  in  the 
business  of  flaying,  cutting  up,  selling  or  manufacturing  jiroduct  from  the 
carcasses  of  dead  animals,  not  slain  for  the  purpose  of  human  food,  nor  any 
diseased  animals  or  unsound  and  unhealthy  animals  at  the  time  of  their 
killing,  unless  said  persons,  copartnership  of  persons  or  cori)orations  shall 
give  a  bond  to  the  city  in  the  sum  of  ten  thousand  dollars,  to  be  a])i»roved 
by  the  Mayor  and  Council,  under  the  condition  that  none  of  the  products 
or  the  carcasses  or  the  parts  of  such  dead  animals  heretofore  described  so 
rendered,  shall  be  employed  or  sold  by  them  for  the  purpose  of  human  food, 
and  that  all  packages  of  every  kind  and  description  of  grease  or  other  prod- 
uct, rendered  or  manufactured,  or  packed  for  use  or  prepared  (for  trans- 
portation) to  or  from  the  market  in  the  city  or  elsewhere,  shall  be  branded 
with  a  burning  brand  with  letters  at  least  two  inches  in  length,  as  follows: 
"I'rodiict  of  dead  animals.  St.  F-oiiis."      (  M.  ('..  sec.  (iTl.) 

Sec.   683.     Penalty    for   violatiiifj  five  precediii};   sections. — 

Any  person  or  persons,  cojuirlnership  or  corporation,  violating  any  of  the 
provisions  of  the  next  five  ])receding  sections  of  this  article  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  jtunished  by  a 
tine  of  not  less  than  ten  nor  more  than  one  huudrcd  dollars.  (  M.  ("..  sec. 
072.) 

See.  684.     Carcas.ses— when  deeined  nnisain-es The  carcasses  of 

all  dead  animals  lying  on  the  streets,  alleys  or  public  places  of  St.  Louis, 
or  on  ju-ivate  premises  therein,  and  not  slain  for  human  food,  and  not  re- 
moved by  the  owner  or  other  jierson  entitled  thereto  within  six  liours  of 
daylight  time  after  the  death  of  such  animals,  are  hereby  declared  to  lie 
nuisances,  and  shall  be  removed  and  disposed  of  as  hereinafter  provided. 
[All  dead  animals  belongin-g-  to  the  city  shall  become  the  jiroperty  of  the 
contractor  under  this  article,  and  shall  be  removed  as  hereinafter  provided.] 
(M.  (J.,  sec.  073.) 

Tliis  ordinance  was  amended  Ijy  ordinance  No.  i:2580.  approved  Oct.  12.  1906 
(too  late  for  incorporation  in  tliis  revision).  The  amendment  (see  ordinance 
set  out  in  the  appendix  to  Rev.  Code)  omits  tlie  latter  portion,  included  above  in 
ttie  brackets,  since  tliere  is  now  no  sucli  contractor  as  tlicrein  designated.  See 
also   Rev.   Code,   sec.   598. 

c^.\Ri;.\r,E    .AND   OFFAE. 

Sec.  ()S5.     (iarbag'e  an»l  offal    defined.— The   words   garbage   and 

offal,  when  used  in  this  article,  shall  be  held  to  include  every  accumulation 
of  both  animal  and  vegetable  matter,  liquid  or  otherwise,  that  is  received 
from  kitchens,  and  also  all  juitrid  and  unsound  meat,  beef,  pork,  fish,  de- 
cayed or  unsound  vegetables  or  fruit,  the  tankage  from  rendering  establish- 
ments, and  shall  also  be  held  to  include  refuse  from  slaughter  houses  and 
jiork  houses.     ( Ord.  ir.8(;3.  sen-.  1.  M.  C  p.  9S4.) 

.See  R.  C.  sec.  lllis.  Tlie  trimmed  lieads.  feet  and  bones  of  cattle  to  which 
no  flesli  or  skin  clings,  wliich  are  fresh  and  dry  and  emitting  no  offensive  odor, 
do  not  fall  within  the  dctinition  of  garbage  or  oftal:  St.  Louis  vs.  Robinson,  135 
Mil.    \t\i>    ( iiin.striiing-   this  onlinancc). 


AUT.   XIII. ]  GARBAGK   A.\M>   OKFAI.  7I7 

See.  6S(j.  AVIuT*'  «;;irl>ajir  aiul  otlal  iiol  to  l»t'  placed — 
pt'llSllty. — No  |it'rs»iii,  linn  or  roi'iioial  ion  s|j;ill  ilirow.  rasi  or  deposit  any 
nai'lia",'!'  or  oll'al  of  an.v  kind  wiialcxi-r  into  or  on  any  finllcr.  sli'cct.  alley, 
|inl(lie  place,  \acaiil  lot  or  walei-  loiirse  witiiin  Ilie  liniils  ol'  llie  lily,  or  into 
the  I{i\t'r  lies  I'd-es  of  the  .M ississipjii  vivef  inside  Ilie  lioundarii's  ol  1  lie 
iit\  :  any  pefson  \iolatiiij;  llie  ])fo\  isions  of  this  seel  ion  shall  he  deeiiu'd 
^.'iiilty  ol'  a  misdemeanof,  and  upon  eoiivietioii  liiereof  shall  he  lined  not  less 
ihau  teit  dollars  nor  inoi-o  tlinii  one  hundred  dollai-s;  and  each  violation 
thereof  shall  constitute  a  sejiarate  olTense,  |ninishahle  as  providiMJ  herein. 
( lb.,  see.  2.) 

Sec.  tJST.  Kot'eptiicU'.H  lor  <4:arha};«',  «'tc.,  (o  be  |»r<»\  idrd.— Ii 
shall  be  the  duty  of  every  owner,  tenant,  lessee  and  occnpani  ol  any  .imt 
e\t>ry  dwolliufj:.  teneineiit  house,  lod-jiii};  house,  hoiel,  resiaurani  and  hoard 
iiii:  house  to  pro\ide  and  at  all  times  cause  to  lie  kejit  and  provided,  williin 
such  liuildiii};  or  on  the  lot  on  ^^hich  said  huildin^  is  erected,  siiiiahle  and 
suflicieul  hoxes,  harrels  or  tuhs  lor  the  rectM\  inj;  and  lioldiiifi.  w  illiont  leak- 
aire  and  \\illioul  heiiijr  tilled  to  within  four  inches  ol  Ihe  lop.  all  the  f^ar- 
hap'.  otl'al  or  liiiuid  suhstances  derived  therefrom  thai  a<(  uinulates  on  said 
pri'inises  within  a  period  of  thirty-six  lio\irs.  and  all  such  hoxes,  tuhs  m- 
harrels  shall  he  jdaced  at  all  times  in  such  places  as  to  lie  feii(lil\  access! 
hie  for  removal  and  emjityiu};.  and  where  they  .shall  noi  he  a  juihlic  nuisance; 
and  no  person  not  for  that  pur|>ose  auilioi  i/.eil  shall  interfere  with  Iheni  or 
with  tlie  contents  thereof.  Any  jterson  violaliiifi  the  provisions  of  Iliis  sec- 
tion shall  he  deemed  jjuilly  of  a  misdemeanoi-.  anil  uimui  conviction  shall  he 
lined  not  less  than  live  nor  more  than  fifty  dollars;  and  each  violaiion 
thereof  shall  constitute  a  separate  otteiise.  ]iunislialile  as  provided  Iicicmu. 
I  tf)..  sec.  :'.. ) 

See.  6.SS.  ('(Miilit ions  I'oi- Iiaiiliii^  ^arl>a<>-4',  «-t<-.,  (Iintii^li  flu* 
.Htrt't'ts — carts,  waj^oii.s,  vir.  .Ml  jiarhajii-  and  olVal  shall  he  removed, 
and  hauled  throujjh  the  streets  of  the  city  in  water-tijiht  carts,  wafjons  or 
harrels  only;  all  said  carts  or  waj,Mns  shall  he  sironjriv  huilt.  and  the  sides 
and  front  and  rear  ends  shall  he  so  liij;li  ahove  Ihe  load  or  contents  thai  no 
part  of  such  conlelits  or  load  shall  fall,  li'ak  or  spill  Ihei'elfom.  and  said 
carts  or  wapuis  shall  he  adcipialelv  and  ti;:lillv  covered,  and  all  harrels  or 
tuhs  shall  have  ti<rht  tilliuj;  wooden  or  metallic  covers,  and  when  iiol  in  use 
all  stich  carts.  wa;;ons  and  all  implemenls  used  in  connection  1  herewith 
shall  1m»  stored  and  kept  in  some  place  where  no  needless  otVense  shall  h<' 
;;iven  to  any  of  the  citizens  of  the  city;  and  any  |iersou  removiuf;  ;iarha}ie 
or  otVal  in  ;iny  other  manner,  or  vi(datin;r  any  of  Ihe  provisions  of  this  sec- 
tion shall  he  deemed  ;;uiltv  of  a  misdemeanor,  and.  uiion  conviction,  shall 
Ix'  lined  not  less  than  tvveniv  live  dollars  nor  more  ilian  two  hundred  dollars; 
and  eai'h  violation  thereof  shall  consi  ii  nie  a  Ncpinaic  ollVnse.  |iiiiiishahle  as 
pi-ovided  herein,      ilh..  see.  4.1 

Sec.  G!S'.).    liiciMisi'  iHMM'ssary — lornis  of,  c>l<'. — No  jierson  or  persons. 
shall    haul    or    remove    •,'arlia;;e   or   oll'al    from    hotel.><. 


718  REVISKD  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  11. 

and  under  the  regulations  as  provided  for  by  this  article.  No  license  shall 
be  issued  by  the  collector  (license  collector)  for  the  removal  of  garbage  or 
offal  unless  the  parties  aj)iilyiug  for  such  license  shall  first  tile  with  the 
collector  (license  collector  I  a  certificate  signed  liy  the  hoard  <if  health  or 
chief  sanitary  officer  of  the  city  stating  that  the  party  making  such  appli 
cation  has  filed  with  the  health  department  a  statement  as  provided  for  iu 
section  G90  of  this  article.  No  license  shall  be  issued  for  a  longer  period 
than  one  year,  and  said  license  shall  not  be  transferable,  and  it  shall  be 
unlawful  for  any  })erson  or  persons,  firm  or  cori)oration  engaged  in  tlie 
hauling  or  removal  of  garbage  or  otfal  to  permit  same  to  be  fed  to  animals 
within  the  limits  of  the  city.  No  license  shall  be  issued  to  haul  or  remove 
garbage  or  otl'al  to  any  reuderiug  or  converting  establishment  which  shall 
be  conducted  in  an  offensive  manner,  or  which  shall  at  the  time  of  making- 
application  for  said  license  be  under  condemnation  as  a  nuisance  by  the 
board  of  health,  or  which  shall  not  have  complied  with  all  the  provisions 
of  the  ordinances  governing  the  establishment,  erection  and  maintenance 
of  rendering  factories.  Any  person  or  persons,  firm  or  corporation  failing 
to  comply  with  or  violating  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeauor,  and.  upon  conviction,  shall  be  fined  not 
less  than  fifty  dollars  nor  more  than  two  hundred  dollars,  and  each  viola 
tion  thereof  shall  constitute  a  separate  offense,  punisliable,  as  provided 
herein,  and  shall  furthermore  forfeit  his  or  their  license.     {lb.,  sec.  .5.) 

See.  690.  Application  for  removal  of  grarbajye. — All  persons,  fiims 
or  corj>oralions  desiring  to  have  their  garbage  or  offal  removed  by  persons 
other  than  the  contractor,  or  any  persons,  firms  or  corporations  (lesiring 
to  haul  or  remove  garbage  or  offal,  shall  file  with  the  board  of  health  or 
chief  sanitary  officer  an  application,  which  application  shall  state  at  what 
point  the  garbage  or  offal  is  located;  to  what  ])oint  within  or  without  the 
limits  of  the  city  it  is  proposed  to  remove  it ;  the  number  of  cai-ts  and 
wagons  proposed  to  be  used ;  the  location  where  the  carts,  barrels,  wagons 
or  tubs  are  kept  when  not  in  use,  and  that  said  offal  and  garbage  is  not 
to  be  fed  to  animals  within  the  limits  of  the  City  of  St.  Louis.  On  the 
filing  of  such  ajtplication  the  chief  sanitary  officer  shall  furnish  to  such 
parties  a  certificate  to  be  filed  with  the  collector;  the  number  of  which  cer- 
tificate shall  corresi)ond  with  the  number  on  the  application,     ilb.  sec.  6.) 

Sec.  691.     Metallic  liceii.se  plate  to  be  displayed All  carts. 

wagons  or  other  vehicles  that  shall  be  used  in  hauling  garbage  and  otfal 
from  hotels,  restaurants,  boarding  houses  and  dwelling  houses  shall  have 
displayed  on  one  side  thereof  metallic  plates,  having  cast  thereon  in  raised 
letters  the  words:  ''Licensed  to  remove  garbage,"  and  the  figures  indicat 
ing  the  number  of  the  plate  and  the  year  for  which  the  license  is  issued, 
which  metallic  jilates  shall  be  furnished  by  the  city  register  to  the  collec- 
tor; the  I'ecord  of  such  metallic  plates  shall  be  kept  by  the  collector,  and 
the  number  of  the  license  shall  correspond  with  the  number  on  the  metallic 
plate.  Auy  person  failing  or  neglecting  to  conform  to  the  provisions  of 
•this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  less  than  ten  nor  more  than  one  hundred  dolhns, 
and  each  violation  thereof  shall  constitute  a  separate  offense,  jpunisluiblc 
as  provided  herein.     (Ih.  sec.  7.) 

Sec.  692.  Duties  of  police  and  jj'Ti'l'i^fJTt'  inspector — It  shall 
be  the  duty  of  the  police  to  see  that  the  provisions  of  this  article  are  com- 
plied with,  and  it  shall  also  be  the  duty  of  the  garbage  inspector  to  see 
that  no  garbage  is  jiermitted  to  remain  upon  the  premises  of  the  residents 


ART.   XIV— XV.l  OF   VITAL  STATISTICS.  7I9 

of  the  citv.  Mild  in  rr|Hiri    in  llic  lio:iril  dT  licallli  all  \ioliiiiuns  nl'  this  arti- 
cle tliat   may  coiiit'  iiniliT  his  iioliic      \lb..  sec.  .S.I 

Sit.  G!i;i.  Issiian<'<>  of  li<TH.s»>. — All  liiviisi'.-;  to  remove  <jafli!(<re  and 
olVal  sliall  lie  i.ssueil  in  lilanU  in  ilie  eullecloi-  l)y  the  i-e<;ister  under  the  .seal 
of  the  eity  and   shall    lie   in    the   rurni    iiresiriiied   liy    law.      ( //).   see.   !).) 

.UM'ICI.i:    .\1\\ 

111'-    \TrAI,    .ST.VTISTICS 

See.  (i'.)l.  llfjii-stratioii  «>!'  Uirtiis  ami  <l»'atlis.  —  Tlu'  lealih 
eonnnissiouer  shall  provide  for  the  re{i;istration  of  all  births  and  deal  lis 
oeeiirriiiu  within  the  city,  and  for  that  imrjiose  it  shall  lie  the  duty  of  every 
[ihysieiaii  and  midwife  to  reiiort  weekly  to  the  health  coiiiniissioner.  at 
or  hef.ire  the  lK)iir  of  four  o'eloeU  in  the  afternoon  of  Saturday  of  each 
and  every  week,  in  ai-eordaiiee  with  jiriiited  forms  to  he  furnished  by  said 
liealth  t-onmiissioner,  a  statement  of  the  sex  and  date  of  birth,  of  every 
child  born  in  this  eity  where  they  have  attended  the  birth  of  such  child; 
and  in  case  uo  physician  or  midwife  attended  the  birth  of  any  cliild  born 
in  this  city,  then,  and  in  that  case,  it  is  hereby  made  the  duty  of  the 
father  or  mother  to  make  such  report  to  the  health  commissioner.  (M.  C, 
sec.  715.) 

See   Cliarter.   Art.    XII,    sec.    4. 

See.  695.  Pliysician.s  to  report  doath.s. — It  shall  be  the  duty  of 
every  physician  and  iiersoii  en<;ajieil  in  the  practice  of  medicine  in  the  city 
to  report  to  the  health  commissioner  the  death  of  any  person  under  his 
care  and  treatment,  when  the  person  died,  and  with  such  particulars  as 
the  health  coiiiniissioner  may  jirescribe;  and  it  shall  also  be  the  duty  of 
the  coroner  of  the  city  to  make  a  weekly  report  to  the  health  commis- 
sioner of  all  inquests  and  of  all  deaths  within  the  city  coniin}?  within  his 
ofl"icial  knowledge.     (M.  C,  sec.  71G.) 

See.  6!lt).  Births  and  deal  lis — record  of. — The  health  commis- 
sioner shall  keeji  a  record  of  all  liirllis  and  deaths  on  tile  in  his  olfice.  (M. 
('..  sec.  717.1 

See.  697.  Penalty. — Every  person  wliose  duty  it  is  to  make  any  of 
the  reports  j>rescribed  bv  this  article  shall  make  the  same  within  the  time 
as  prescribed,  and  any  jierson  who  shall  fail  to  make  such  rej.ort  or  to 
comply  with  any  of  the  lu-ovisions  of  (his  ai'ticle  shall  be  deeme<l  guilty  of 
a  niisdeiiieanor.  and  upon  conviction  thereof  shall  be  fined  not  less  than 
ten  nor  more  than  one  hundred  dollars,  to  be  recovered  as  in  otlu'r 
cases  of  misdemeanor  before  iiuv  court  having  competent  jurisdiction. 
(M.  C,  sec.  718.) 

AKTKLK   XV. 

OF  REGULATIONS  CONCERNING  THE   PRACTICE  OF  MEPICINE,   SURGERY   OR 

MIDWIFERY.* 

'State  laws  reg-ulatlng  practice  of  medicine,  surgery  and  dentistry,  2  R.  S.  1899, 
sees.  SdOT  to  8539,  Inclusive,  laws  1901.  pp.  207-210.  As  to  definition  of  physician, 
surgeon,  etc..  see  Kansas  City  vs.   Balrd.  92  Mo.   App.   204. 

Ordinance  2299S.  enacted  after  the  Rev.  Code,  regulates  private  hospitals, 
lylng-ln  establishments.  Institutions  for  the  care  of  foundlings,  orphans,  etc.;  See 
the  ordinance  set  out  li)  the  appendix  to  the  Rev.  Code. 


720  REVISED   CODE   OK   GEXERAL  ORDIXAXCKS.  [CHAP.   11. 

Sec.  ()98.  Certificate  to  be  filed — rejfistrat ion.- Every  persou 
now  practicing  medicine  or  surgery  in  this  city,  or  wlio  sliall  hereafter  en- 
gage in  such  practice,  shall,  before  continuing  or  entering  upon  such  prac- 
tice, exhibit  his  certificate  obtained  froiu  the  state  board  of  health,  under 
the  provisions  of  the  laws  of  Missouri,  to  the  health  conuiiissioner.  and 
file  a  copy  of  the  same  with  said  health  commissioner,  who  shall  there- 
upon enter  the  name  of  such  person,  the  date  of  the  filing  of  said  copy, 
the  date  of  such  certificate,  and  the  name  and  location  of  the  institution 
at  which  the  person  was  graduated,  if  such  person  should  be  a  graduate, 
in  a  book  to  be  kept  by  the  health  commissioner  for  that  purpose,  and 
shall  require  such  ]ierson  to  subscribe  his  or  her  name  in  said  book,  i  >f. 
C,  sec.  71!).  I 

See   note   to    tliis   article   on    preceding  page. 

Sec.  699.     When  rejfistration   may   l>e  refused Whenever  the 

health  commissioner  has  reason  to  believe  that  the  certificate  exhibited 
is  not  genuine  or  has  not  been  legally  issued  to  the  person  presenting  the 
same,  he  shall  refuse  to  allow,  the  person  presenting  the  certificate  to  be 
registered  and  shall  forthwith  refer  the  matter,  with  all  the  facts  in  the 
case,  to  the  board  of  health,  which,  after  a  heariug,  shall  deiide  whether 
said  ])erson  shall  be  allowed  to  register,  and  if  the  boai'd  of  health  shall 
so  decide,  it  shall  direct  the  health  commissioner  to  allow  said  person 
to  register,  but  if  in  the  opinion  of  the  board  of  health  said  j>erson  should 
not  be  allowed  to  register,  the  health  commissioner  shall  not  permit  said 
person   to   i-egistei-.      i  M.   (".,   sec.   72t1.  i 

Sec.  700.     Failure  to   comply — penalty Every  i>ers()n  who   shall 

practice  or  attempt  to  practice  medicine  or  surgery  in  this  city  without 
first  having  complied  with  the  provisions  of  this  article,  shall  be  deemed 
guilty  of  a  mis<lemeaiioi-.  and  uj)on  conviction  shall  be  fined,  not  less  than 
twenty-fi\c  dollars,  imr  more  than  five  hundred  dollars.      i.M.  ('..  sec.  7l.'l.l 

See.  701.  Burial  certificate  by  reg^i.stered  physician  alone 
to  be  si<>-iied. — It  shall  not  be  lawful  for  the  health  commissioner  or 
his  cleik  til  sign  any  burial  certificate  signed  by  any  other  than  a  regis- 
tereil   |pliysiciaii.      i  .M.  < '..  sec.  7l'li.  I 

Sec;    702.     Interment  without   certificate   forbidden If  any 

overseer,  sexton  or  other  j)erson  having  control  of  a  graveyard  .shall  per- 
mit any  person  to  be  interred  in  said  graveyard  without  a  certificate  sigued 
by  a  registered  physician,  and  countersigned  by  the  health  commissioner 
or  his  cleik,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  fined  not  less  than  twenty  fi\('  dollars  nor  more  than  five 
JiundT-ed  dollars,  to  be  recovered  as  in  other  cases  of  misdemeanor,  before 
any  court  or  otficer  having  comj>etent  jurisdiction.     |il.  C,  sec.  7'2S.) 

Sec.  70;!.  Midwifery — conditions  of  practice.— Hereafter  it  shall 
not  be  lawful  for  any  person  to  pi'actice  midwifery,  unless  such  i)erson 
shall  first  register  her  name  and  place  of  altode  in  a  book  in  the  oft'ice 
of  the  health  commissioner,  kept  for  that  jjurjiose.  but  no  person  shall 
be  allowed  to  register  as  midwife  who  shall  not  first  file  a  diploma  I'l-om 
some  school  of  midwifery  in  good  standing,  or  a  certificate  signed  by 
at  least  two  regislt'T-ed  physicians,  which  certificate  shall  state  that  the 
jtarty  named  in  the  certiticate  is  in  their  opini(Ui  (pialified  to  ])ractice  mid- 
V  ilery,  and  any  jterson  who  shall  practice  or  attempt  to  practice  midwifery 


AltT    XVI.I        OF  IIOSI'ITAO.   INSANT;   ASVl.f.M    AN1>   I  >ISPENSARIKS.  yjl 

williiillt  lirst  li;i\  in;;  (  niii|iliccl  willi  llif  |iri>\  isiuiis  111'  litis  Mlliclc.  slijill  1)0 
ilftMiicil  ;;)iilt,v  ill'  a  iiiisdi-iiicaiioi'.  anil  ii|iiin  roin  iil  ion  shall  l>c  lliii'il  not 
less  than  twt'iil\  live  ilnllais  mir  more  than  lil'iy  dullars.     ^.^^.  (_'.,  see.  l\li.j 

Sec.  704.  l)ruy:y;iHts  (<»  <-4Miipl.v  with  artu-U'. — Nothiiifr  in  this 
arti<'l»>  shall  In-  so  const  rncd  as  In  |)crniir  any  (li-n;;';iisl  to  <Mi};aii('  in 
practice  of  medicine  of  siii-;;ery.  uiihoiii  lirst  having;  tiled  with  the  health 
coinniissioner  a  diploma,  or  certitied  copy  Ihereol'.  in  accordance  with  the 
provisions  of  ihc  liisi   two  sections  of  this  article,      i  .\l.  •'..  se<-.  7  ■_'.■>. ) 

.MvTIil.i:  .\\  I. 

Ol"  I'lTV    HOSPITAI,.    FI:M.\I,10    IIOSl'lTAl..    INSANIO    .VSYLUM    A.\  I  i    1 '  1  SI 'ICNSARIIOS.* 

•As  to  stationing  of  two  tln-nien  at  oacli  of  tlip  various  city  Institutions  s<-e 
Rev.  Code.  sec.  288. 

Ordinance  22998,  enacted  after  the  Revised  Code,  provides  for  tlie  regulation 
of  private  hospitals,  sanitariums,  lylnff-ln  estatillshmonts,  retreats,  etc..  and 
homes  or  Instltutlon.s  for  the  care  of  orphans,  foundllnss,  etc.:  See  this  ordinance 
In    the   appendix    hereto. 

<  >Ni;— <;k.\i:i:.\i,  i'rovi.sio.ns. 

See.  70.'>.  Hospital  fuiul  <T«»atO<l. — Tiicre  is  helehy  I  lealed  a  fnnd 
for  flii^  crtH'tion  of  hospital  lniildino;s.  Said  fund  shall  lie  used  in  the 
erection  and  furnishin};  of  suitable  hospital  buildiniis  for  the  care  of  the 
sick  or  insane  in  the  (^ity  of  St.  Louis;  and  said  fund  shall  he  exiicndcd 
only  as  and  when  direct(>d  1>y  ordinance.      (M.  C.  sec.  72S.) 

S.M'.  706.  SaiiU' — ."iuiii  set  asuh'  annually. — On  or  licforc  the 
lifte«'ntli  day  u(  .May,  of  each  year,  the  conipiroller  shall  iranst'er  Iroiii 
municipal  reveuuo  to  fund  for  the  erection  of  hospital  liuildin};s  an  amount 
e<HiaI  to  one  per  centum  of  the  miniiiipal  revenue  of  the  (Jity  of  St.  Louis 
for  (he   precediiif;  fiscal    \ear.      iM.   ('..  sec.  72!).) 

Sec.  707.      Health    «'«»niiiiis.sion(M'  t<»    nianap:!'. — 'I'lic  health  imn- 
missioner    shall    iiave   };eneral    superintendence    and    manajjemeul    over    all 
the  city  hospitals,  dispensaries  and  in.sane  a.sylnm   that    now  are.  or  here 
afror.  may  l)o  estahlislie<l.     (^I.  ('.,  see.  730.) 

See  Charter.  .\rt.  .Nil.  sec.  4. 

Sec.  70S.  Knit's  as  to  rctinisition  and  acctmnts. — All  pay- 
rolls and  reipiisiiioiis  for  siipjilies  or  repairs  for  the  heallh  commissioner's 
otfice.  sanitary  division,  hospitals,  dispensary  ami  insane  a.syliini.  shall 
Ix-  approved  and  signed  Ity  the  health  commissioner,  and  all  vouchers 
Icir  accoiuits  a-iainst  the  health  commissioner's  otTice.  sanitary  division. 
hospitals,  dispensary  and  insane  asylum,  shall  l»e  si<;!ied  hy  the  health 
cninmissiiuier  and  attested  liy  tli(>  clerk  of  the  health  commissionei'  and 
hoard  of  health,  whereupon  the  auditor  shall  draw  his  warrant  upon  ilic 
treasurer  fm-  the  amount  thc-reof.  On  or  hefme  ihe  lentli  da.\'  of  each 
month  the  health  commissioner  shall  snlimii  lo  the  lioarti  of  health  a 
statement  showin;;  the  e.\pendittn-es  of  the  various  divisions  of  the  health 
department  feu-  the  previous  month,  and  a  copy  of  the  pay-rolls  for  the 
previous  month,  and  if  the  l>oai-d  of  hetiltli  is  of  the  o|dnion  that  tht; 
expenditures  are  excessive  or  unnecessary,  it  shall,  if  the  majority  of  said 
hoard  so  decide,  refer  the  whole  matter  to  the  Mayor,  who  shall  take  such 
action  as  he  may  think  proper,     i  M.  ( ".,  sec.  7.'U.i 


722  liKVisioD  COD1-:  ok  general  okuinan-cbs.  [Chap.  ii. 

* 

Sec.  709.     Health  commissioner — power  to  make  rules,  etc. 

— The  health  coiuiinssioiier.  with  tlie  adviie  and  apjii-oval  of  tlie  board 
of  health,  .shall  jirescribe  the  condition  of  admis.sion  to,  and  make  all 
necessary  rules  for  the  government  of,  the  hospitals,  dispensaries  and  in- 
sane asylum.     CSL  C,  sec.  732.) 

See  Cliartfi-.  .\rt.  XII.   sec.   4. 

Sec.  710.     Stvidents    of    medicine— rules    of    admission    of 

Students  of  medicine,  when  accompanied  by  a  professor  of  any  of  the 
medical  colleges  in  this  city,  all  of  who.se  faculty  are  registered  physicians, 
as  provided  by  this  chapter,  may  be  admitted  to  the  wards  and  lecture 
rooms  in  the  hosj)ital  at  such  hours  and  days  of  the  week  as  may  be 
designated  by  the  health  commissioner;  but  no  lectures  shall  be  held  in 
the  presence  of  the  patients  in  said  hospitals.  The  health  commissioner 
shall  designate  to  the  respective  medical  schools  visiting  said  hospital  the 
days  and  hours  they  will  be  respectively  allowed  to  visit  said  hospital. 
The  health  commissioner  shall  have  power  to  suspend  the  exercise  of 
the  j)rivilege  herein  granted  to  medical  schools  for  any  violation  of  estab- 
lished rules,  or  for  any  failure  to  complv  with  the  jti'ovisions  of  this 
article,     {^l.  C.  sec.  733.) 

iSec.  711.     Surgical  oi)eratious— conditions  of  performance  of. 

— J\0  surgical  operation  shall  be  ]>eriormed  in  any  of  the  hospitals  belong- 
ing to  the  city  without  the  consent  and  indorsemeut  of  the  superintendent 
thereof,  nor  shall  any  capital  operation  be  performed  in  such  hospital  with- 
out the  consent  and  indorsement  of  the  superintendent,  and  ui)on  consul- 
tation with  one  of  the  consulting  physicians  or  one  of  the  medical  members 
of  the  board  of  health,  except  in  cases  of  emergencies.     (M.  C,  sec.  734.) 

Sec.  712.     Clinical  lectures  forbidden No  clinical  lectures  shall 

be  delivered  at  the  bedsides  of  the  patients,  or  in  any  wards  set  apart  for 
and  occupied  by  them.     (M.  C,  sec.  735.) 

Sec.  713.  Traininy  school  for  nurses — pupils  to  be  ad- 
mitted to  hospital — The  pui)ils  of  the  St.  Louis  Training  School  for 
Xurses  shall  be  admitted  to  the  wards  and  lecture  rooms  in  the  hosjtitals 
under  pi-oper  rules  and  regulations  to  be  fi'anied  by  the  health  commissioner 
and  apjirovcd  by  the  board  of  health.     (]M.  C,  sec.  73G.) 

Sec.  714.  C^hildren — ^vhen  parent  of  may  nurse. — Whenever 
it  shall  be  necessary  to  send  to  any  of  the  hospitals  any  child  under  ten 
years  of  age,  the  health  commissioner  shall  have  the  power,  if  he  thinks 
proper,  to  allow  the  parent  to  go  to  the  hospital  and  remain  and  nurse 
said  child,     i  M.  ('.,  sec.  7;{7. 1 

Sec.  71.').  Xurses— rules  of  selection  of — superintendent — 
salary,*  —  All  nurses  employed  by  the  city  may,  to  the  extent  that  the  in- 
stitution will  supjily  the  same,  be  selected  from  the  ]iu|iiis  of  the  St.  Louis 
Training  School.  They  shall  he  ])aid  monthly  installments,  the  amount  now 
s])ecitied  by  or(linanc(>  I'oi-  coi ■res|)onding  positions.  A  residence  in  the  city 
fur  two  years  shall  not  be  necessary  to  entitle  one  to  appointment  under 
this  and  the  next  ])recediug  section.  One  selected  from  said  institution 
shall  be  called  sujierintendent  of  nurses,  and  shall  be  paid  [forty**]  dollars 
per  month,  and  the  duties  of  the  |H)sition  shall  be  defined  by  rules  and  reg- 
ulations  prepared   by   llie  liealtli   coiiiniissioner  and  ajiiu-oveil  by   the  imard 


ART.    XVI.)        OF  HOSPITALS.   INSANIO  ASVIA'M  AND  DISPENSAUIKS.  723 

of  liealtli.  All  uppointiiu'Uis  umlfr  this  artiok'  shall  lie  iiuult'  liy  llu'  licalili 
coiniiiiasioiK'r  and  apinoved  by  tlie  board  of  health.     (M.  C,  sec.  738.) 

•Onllnanof  l':!935.  iipprovcil  Murili  'il,  1905.  enaitiil  aftrr  tlio  Rovlsi'd  Code, 
provides   for  uddltlonal   nurses   und   Is  as   follows: 

The  Health  Commissioner,  with  the  approval  of  the  Board  of  Health,  may 
appoint  for  service  In  the  City  Hospital,  under  the  superintendent  of  City  Hos- 
pital and  the  Superintendent  of  nurses,  one  assistant  superintendent  of  nurses, 
one  surifleal  operating  nurse,  three  night  supervising  nurses  and  three  day 
supervising  nurses,  each  of  whom  shall  be  gnuUiated  trained  nurses,  and  shall 
be  paid  tlfty  dollars  per  month,  and  shall  perform  duties  which  shall  be  dellned 
by  the  rules  and  regulations  prepared  by  the  Health  Commissioner  and  approved 
by  the  Hoard  of  Health;  the  saUl  salaries  to  be  paid  out  of  the  fMnds  appropri- 
ated  for  salaries   In   the   Health   Department. 

••Now  seventy-tlve.  By  ordinance  23001  (enacted  after  the  Revised  Code)  the 
above  section   was  amended   raising   the  salaries  from   $40   to   $75   per   month. 

Slm'.  716.     ('onvah'Hct'iil   paMoiits  may  hv  r<M|uir<Ml  to  labor. 

— L'oiivalesci'iil  paiii'iils  iiia_\  lie  i-fqiiircd  lo  ipcrloiiii  .-siiili  hilidi-  alunil 
tho  litis|iitals  as  may  In-  dfiiiaiidcd  oT  liifin;  provided,  tlie  superiiittMideiit 
is  salislied  that  sueh  labor  will  not  retard  recovery.     (M.  C,  see.  731i.) 

See    R.    C.    sec.    774. 

TWO— SUPERINTENDENTS,    ASSISTANTS    A.ND    EMPLOYES, 

Sec,  717,  Siip«'riiit«Mi(I(Mits  —  appoint iiiciit  aiul  t<'rni.  —  The 
Mayor  shall  appuiiil.  with  ilic  appnnal  ul  ilu-  liuanl  dl  heallh,  siilijeii  to 
eoiitinuiit  iou  of  a  majority  of  the  members  of  the  eouiuil,  a  su{)eriiiteudeiit 
of  the  city  hosjiital,  a  superiiiteudent  of  tli(>  female  hospital,  a  superiu- 
teiulent  of  the  insane  asylum,  and.  whru  neicssai  \ ,  a  sii|iei-iiiteiideiil  of 
quaraiiline,  who  shall  hold  Iheir  olVices  for  a  term  of  four  years  and  niilil 
their  suceessors  are  apjioinied  and  ijualilied,   (.M,  (',,  see,  74tl,) 

See   Charter,    Art.   Xll.   sec.   5.     For  assistant   superintendents  see   below. 

See.  "IS.  HoikIs  of  .siiperiiiteii(U'iit.s. — Said  siiperiuteudents  shaU 
eaeh  j;ive  a  bond  to  llic  city  in  the  sum  of  live  thousand  dollars,  <-oii- 
ditioned  on  the  faithful  diseharf;e  of  their  duties  and  airoiiniinu  (d'  all 
property  to  the  eity  wliieh  comes  under  their  possession  or  under  their 
control;  said  bond  sliall  be  secured  by  two  or  more  sureties,  who  shall 
be  liolders  of  unincumbered  real  estate  iu  the  city,  and  shall  be  approved 
by  the  .Mayor  and  council,     (M.  C.  sec,  741.1 

Sec.  71'J.  SalarieM  of  .HiipcrintciKlciit.s. — The  suju'rintendent  of 
tlie  city  liospital,  the  snpeiintemleiil  of  the  female  hospital,  and  the  sn|)ei- 
intendent  of  the  insane  asylum  shall  each  I'eceive  a  salary  of  two  thou 
sand  dollars  |ier  annum,  payable  monthly.  Should  the  board  of  health 
at  any  time  lind  it  neces.sary  to  appoint  a  superintendent  of  (|narantiiie, 
and  should  so  determine,  and  <leclare  the  fact  a  matter  of  I'ecord,  it  shall 
report  such  action  to  the  municipal  assembly,  which  body  shall  thereupon 
tlx  his  compensation.     iM.  ('.,  sec.  742.1 

Sic.  7J(I.  (U'lieral  dutie.H. —  Said  superintendents  shall  have  super- 
vision of  the  manap'inent  of  the  institutions  under  their  resiiective  charpes, 
and  shall  perform  their  duties  under  the  peneral  sni>ervisioii  of  the 
health   commissioner,      i  M.   C.   sec,   74:!.^ 

Sec,  721.     First    a.ssistaiits    :it    citN    liospital — ((iialiticat ions — 

salary  —  tonurc.  —  Tin-  Ifalth  .■.inimi.----ioii.  r  with  thi-  ajipi-oval  of 
the  board  <>{  health,  shall  appoint  two  tirst  assistant  physicians  at  the  city 
hospital.      I-^acli    shall    have    had    two   years'    experience   at    the    St.    I.oiiis 


724  REVISED    CODE    OR    GENERAL    ORDINANCES.  [CHAP.   11. 

City  Hospital.  Tlieii-  conipensation  shall  1m'  at  ilie  rate  of  cue  hundred  dol- 
lars a  iiioiitli,  and  tlieir  term  of  service  shall  lie  limited  to  two  vears.  (Ord. 
21812.1 

Sec.  722.  Control  <)f  piitients  by  siiperinteiidents. — .Subject 
to  the  rules  prescribed  by  rhe  health  coiiiiiiissioner.  said  superintendents 
shall  have  entire  control  of  the  patients  in  their  respective  institutions,  shall 
be  responsible  for  their  welfare,  and  shall  take  care  of  them  [iroperly.  and 
tliey  are  alone  authorized  to  discharjre  patients  from  the  institution.  i.M. 
(".,  sec.  744.) 

Sec.  723.     Control  and  <liseliarf;e  of  otticer.s  and  employes. — 

Said  superintendents  shall  have  control  of  the  otficers  and  employes  of  the 
institution  under  their  resjiective  char<,'e.  and  shall  have  the  jiower  to  dis- 
char<;e  any  of  said  emidoyes  or  to  susjuMid  any  of  the  assistant  physicians 
or  other  officers  en<;aye<l  at  .said  institutions  for  ne<;lect  of  duty  or  gross 
violation  of  the  rules.  When  the  superintendent  shall  find  it  necessary  to 
discharge  any  employe,  or  suspend  any  assistant  jthysiciau  or  other  officer, 
they  shall  report  the  fact  of  such  discharge  or  suspension,  and  the  cause  of 
such  action,  to  the  health  commissioner.  If  the  health  commissioner  does 
not  approve  of  the  action  of  the  superintendents  in  the  discharge  or  sus- 
l)ension  of  any  officer  or  employe,  he  shall  refer  the  whole  nuitter  to  the 
board  of  health,  which  shall  take  such  action  as  it  shall  deem  proper.  (  M. 
(,'.,  sec.  745.) 

Sec.  724.     Superintendent.s  to  ffive  full  tinie^faniily  boanl 

and  laundry  furnislu'd. — Said  superintendents  shall  devote  their  whole 
lime  to  the  service  of  their  resjiectixe  insi  iriiti()ns.  and  each  of  said  super- 
intendents nuiy  be  permitted  to  allow  his  wife  and  children  to  reside  in 
the  institution  under  his  charge,  and  such  sujierintendent  and  his  wife  and 
children  shall  receive  board  and  have  their  laundry  work  done  ,'it  said 
resi)ective  institutions  free  of  expense  to  them.     ( M.  C.  sec.  746.) 

See.  725.  SuperintondiMit  of  (luarantine — salary. — The  salary  of 
the  sui)erintenden1  of  (|uaraiitiiie  during  the  periods  that  there  are  lU) 
jiatients  in  the  hospital  shall  be  one  hundred  dollars  ])er  mouth,  and  he 
shall  at  such  times  perform  tlif  duties  of  steward  and  clerk;  but  during 
the  periods  when  there  are  i>atients  in  the  hospital  the  salary  shall  be 
one  hundred  and  fifty  dollars  jier  nuuith.  and  at  sinh  times  it  shall  be 
discretionary  with  the  health  commissicuier  to  reipiire  the  superintendent 
to  ])erform  the  duties  of  steward  and  ilerk.  Such  conijiensation  shall  be 
]>aid  upon  a  jiay-roll  didy  certified  by  the  su)ieriutendent  of  (piarantine 
signed  by  the  health  commissioner  and  approved  by  the  board  of  health 
(M.  C.  sec.  747.) 

See.  726.  Salar.\  from  what  fund. — The  salary  of  tlie  superin- 
tendent of  (juaraniine  shall  be  paid  out  of  tlie  aiipropriatioii  made  for 
salaries  of  employes  of  (pi.-iraiiline  and  smalljiox  hosjiiial.     i  .M.  ( "..  sec.  74S.  i 

See.  727.     Salary    run.s  from  <latt'  superintendent    <|ualifies. 

— The  salary  of  the  supeiinlendeni  of  (juaratitine  shall  be  paid  lioni  the 
date  on   \\hi(li   said   sn]ierintend(>nt   (|ualitied.      i  .M.  ('..  sec.   74!t.  I 

See.  72S.     Assistants   to    superinten<lents — qualitication    and 

duties. —  The  health  commissioner,  with  the  approval  (d'  the  l)oard  of 
health,    may    a]i]ioint    one    or    moi'e    assistants    to    the    superintendents    of 


ART.    X\  1.1        OF  HOSPITALS.  INSANK   ASYLIM    AND   DISl'KXSARIKS.  725 

ilic  lii)s|iiial  aiiil  iiisiiiii-  ;is_\lniii,  ii>  si-rxc  lor  one  _\f;ir,  unless  sooner  re- 
iiiovimI  Ip\  ilic  licalili  I'liiiiiiiissioiicr.  S;ii(i  jissislaiils  sluill  be  ■jraduates 
of  soiiii-  I't'^iiliii'  iiuMlii'iil  school,  iiiul  shall  pcrroriii  such  ilulics  as  iiiav 
he  i-c<|uir('(l  of  thcni.  They  shall  rcceivi'  lioanliiif;  and  washing  al  the 
hospital,  hut  110  salai'v  shall  he  allowcil  said  assistants.  One  of  said 
assistants  shall  speak  the  (ieiinan  and  i;nj;lisli  lan-iiiajies  llueiiily.  .V 
resi<h'nce  in  the  cit.v  for  iwo  years  .shall  not  he  necessafy  to  entitle  one 
to  appoininieiit  under  liiis  seetioii.  All  (d'  said  appointnieiils  shall  lie 
niaile  on  a  competitive  exauiinatiou,  to  he  conducted  Uy  the  medical  meni- 
Ikms  of  the  hoard  o(  health,  anil  shall  In'  awaich-il  acciudiii';  to  the  merit: 
shown   iiy  such  examination,      i  .M.  C,  see.  T.")(l.) 

See.  72!).  A.ssi.staiit  suporintt'iuli'iil  in  iiis;iin'  asyliim  — 
a|i|M»intni(>nt.  —  The  position  a(  assistant  supeiiniendent  of  the  insane 
a.syhini  is  hei-ehy  cfealed.  The  heallii  eoinniissionef  shall  api)oint  a  physi- 
cian to  till  the  jiosilion.  said  ap])oiiitnient  to  he  appi-oved  by  the  board  of 
health.      (Ord.  L'(I4.">4.  sec.   l.i 

Sec.  7:>0.  SaiiK'  -  qiialilicatioiis.  —  The  assistant  sn]iei-inteiid- 
ent  of  the  insani'  as\  liiiii  shall  lie  a  j,'i;idiiate  of  niediciin-  and  shall  have  had 
at  least  six  months"  exjierienee  as  an  assistant  al  the  insane  asylum,  and 
shall  have  iM'eii  a  resident  of  this  city  for  at  least  two  years  )irior  to  his 
appointment,      ilh.  see.  '2.\ 

Sec.  7:>1.  SaiiH' — cliiti(>s  aiul  iM>u»'rs.  -  The  assisiani  su[)eriii- 
tendeiit  of  the  insane  a.syluin  shall  ju'rlorm  such  duties  as  may  be  pre- 
scribed by  the  health  commissioner  with  the  ajijiroval  of  the  board  of 
health,  and  in  the  absence  of  the  sniierintendeiii  sljall  he  in  charge  of  the 
asylum.      1  //*.  sec.  ."{.I 

Sec.  7:!2.     Sanu»  —  salary  —  fnriiislnMl   hoard  and  washiiifj. — 

The  salary  of  the  assistant  su]ieiinteiidi'in  ol  ilie  insane  as\luni  shall  he 
.seventy-tive  dollars  per  month,  and  he  shall  recei\c  Imard  and  washing  at 
the  institution,     (fh.  sec.  4.1 

Sec.  7:5;}.  Same — tenure  of  position  —  suspension.  —  The  as- 
sistant sn|ierinteiideni  of  the  iTisane  asyluin  may  lie  suspended  by  the  su- 
perintendent for  neglect  of  duty  or  violation  id'  rules,  and  when  the  su|>er- 
intendent  shall  suspend  the  assistant,  he  shall  at  once  report  all  the  facts 
in  the  case  to  the  health  comnii.ssioner.  who  may  take  such  action  as  he 
may  deem  projier.  The  assistant  sperinteiideni  of  the  insane  a.syhim  shall 
hold  his  position  sidiject  to  the  pleasure  of  the  health  commissioner,  illi 
-see.    ."i.) 

THREE— FEM.\LE    HO.SPITAL. 

Sec.  7.i4.  Female  hospital  cstaldislu'd.  The  institution  hereto- 
fore known  as  the  -Social  i;\il  llosjiiia!  and  House  of  Indtistry"  shall  he 
hereafter  known  and  desiirnated  as  the  "Female  Hospital."  (  .M.  ('.,  .sec 
7.".I.i 

Stntf-   Inws  KOVcrninK  "Soclol   Evil   Hoapliul   ami   House  of  In<lu.str>"  set   fortli 
under  "Law.'i  .Spoclally  Applicable  to  St  Louis."  Chap.  13,  anif.    p.  101.  sees.  350-S3I. 

See.  735.  For  females  exelnsively. —  Said  hospital  shall  be 
used  exclusively  for  the  reception  of  females,  and  no  mah"  patient  shall 
l>e  received  therein  under  anv  circumstances,     i  M.  ( ',,  .sec,  7ri2,) 


72C  REVISED   CODE    OR    GENERAL   ORDINANCES.  [CHAP.   11. 

See.  736.  Eiiiployiiieiit. —  Each  inmate  committed  to  said  hospital 
may  be  employed  at  such  needlework  or  other  useful  industrj-  as  she  may 
be  able  to  perform.     (M.  C,  sec.  7.53.) 

Sec.  737.     Patient    may    remain    until,    etc Auy  convalescent 

inmate  so  desiring  may,  with  the  periuission  of  the  health  commissioner 
remain  a  sufficient  length  of  time  to  enable  her  to  procure  employment,  or 
until  she  can  be  placed  in  communication  with  her  friends.  (M.  C,  sec. 
754.) 

Sec.    738.     Office   of  assistant    superintendent   createtl.— The 

position  of  assistant  superintendent  of  the  female  hospital  is  hereby 
created.  The  health  commissioner  sliall  appoint  a  physician  to  till  the 
position,  said  appointment  to  be  approved  by  the  board  of  health.  The 
assistant  superintendent  of  the  female  hospital  shall  hold  his  jiosition 
subject  to  the  fjleasure  of  the  health  commissioner.     (M.  C,  sec.  755.) 

Sec.  739.  Same — qualifications.  — The  assistant  superintendent  of 
the  female  hospital  siiall  be  a  graduate  of  medicine  and  shall  have  had 
at  least  one  year's  hosi)ital  experience  as  an  assistant,  and  shall  have  been 
a  resident  of  this  city  for  at  least  two  years  prior  to  his  appointment.  (M. 
C,  sec.  750.) 

Sec.  740.  Duties  of  assistant.— The  assistant  superintendent 
of  the  female  hospital  shall  perform  such  duties  as  may  be  prescribed  by 
the  health  commissioner,  with  the  approval  of  the  board  of  health,  and 
in  the  absence  of  the  superintendent  shall  be  in  charge  of  the  hospital. 
(M.  C,  sec.  757.) 

See.  741.  Salary,  etc. — The  salary  of  the  assistant  superintendent 
of  the  female  hospital  shall  be  seventy-five  dollars  per  month,  and  he  shall 
receive  board  and  washing  at  the  institution.     (M.  C,  sec.  758.) 

See.  742.  Suspension  of  assistant. — The  assistant  superintendent 
of  the  female  hospital  may  be  suspended  by  the  superintendent  for  neglect 
of  duty  or  violation  of  rules,  and  when  the  sujjerintendent  shall  suspend 
the  assistant,  he  shall  at  once  report  all  the  facts  in  the  case  to  the  health 
commissioner,  who  may  take  such  action  as  he  may  deem  proper.  (M.  C, 
sec.  759.) 

Sec;.  743.  Supervisor  of  nurses  and  matrons. — The  health 
commissioner  shall  appoint  a  person  to  fill  the  position  of  supervisor  of 
nurses  and  also  act  as  matron,  at  the  female  hospital;  said  appointment  to 
be  approved  by  the  board  of  health.     (M.  C,  sec.  760.) 

Sec.  744.  Same  —  duties  of.  —  The  supervisor  of  nurses  and 
matron  at  the  female  hospital  shall  have  charge  and  control  of  all  nurses 
employed  at  said  hospital,  shall  also  oversee  the  laundry,  kitchen,  sewing 
room,  linen  room  and  quarters  for  the  female  employes,  and  shall  per- 
form under  the  direction  of  the  suj^erintendent  of  the  female  hospital,  all 
duties  prescribed  by  the  rules  governing  the  fenmle  hospital.  Said  super- 
visor of  nurses  and  matron  may  be  removed  by  the  health  commissioner 
in  the  same  manner  as  other  employes  of  the  health  department.  (M.  C, 
sec.  761.) 


ART.   XVI. ]        OF  HOSPITALS.  INS.\NK  ASYLUM   AM  >   DISPENSARIES.  727 

Sei'.  74").  Same — qualifirations.  —  The  supervisor  of  nurses  and 
matron  shall  he  a  jiradualc  nl'  soiiii'  trainiii};  .school  for  iiursos,  or  have 
had  at  least  five  vear.s"  hospital  experience  as  a  nurse,  and  shall  have  been 
a  resident  of  tliis  cil\  at  least  two  years  )>rii)r  to  hci'  ai)i)oiutuieut.  (M. 
(".,  sec.  702. ) 

Sec.  746.  Salary. — The  salary  of  the  supervisor  of  nurses  and  matron 
of  the  female  hosjjital  shall  he  lifty  dollars  \h'v  month  and  she  shall  re- 
ceive board  and  washing  at  the  institution.     (M.  C,  sec.  7G3.} 

FOUR— INS.VNE    ASYLUM. 

Sec.  747.  EslablisluMl. — 'I'lic  hnildin<;  on  Arsenal  sired,  hcrciorore 
known  as  the  connly  insane  asylum,  and  a((|nired  by  the  ("ity  of  St.  Louis, 
by  the  ratilieation  of  the  Selieme  and  Charier,  is  hereby  established  and 
sliall  be  known  as  ihe  Insane  asylum  of  the  City  of  SI.  Louis.  (M.  C.,  sec. 
7t;4,) 

The  Insane  n-sylum  of  the  city  Is  not  Included  under  the  general  statutes  of 
the  state  as  one  of  the  eleemosynary  Institutions  of  the  state  but  It  Is  a  private 
Institution  belonging-  to  and  controlled  by  the  city:  State  ex  rcl.  St.  Louis  vs. 
Selbert.   123  Mo.  424.  429. 

See  Scheme,  sec.  10;  i*.  sec.  25.  As  to  Charter  provision  to  erect,  purchase  or 
rent  Insane  asylums  see  Chart.,  Art.  Ill,  sec.  26,  clause  3;  to  provide  for  support, 
maintenance  and  confinement  of  Insane  persons,  Chart.,  Art.  Ill,  sec.  26,  clause  13. 

Ord.  22923.  approved  March  21,  1907,  provides  for  the  Maniacal  Building  on  the 
Insane   Asylum   grounds. 

See.  748.  Iin'iirabh'  insane — wIhtc  kept. — Such  portion  of  the 
poor  house  as  in  the  opinion  of  the  health  commissioner  may  be  necessary, 
shall  be  titled  up  and  used  for  the  class  of  insane  termed  "incurable," 
and  the  health  eoiuiuissioner  may  from  time  to  time,  as  he  may  think 
proper,  transfer  from  the  insane  a.sylum  in  the  poor-house  this  class  of  in- 
sane: but  no  person  shall  hereafter  be  admitted  to  the  insane  dejiartment 
of  the  poor-house  who  has  not  been  regularly  admitted,  as  jirovided  by  this 
article,  to  Ihe  ins.ine  asylum.      (  ^L  C.,  sec.  7<!.").  i 

See.  749.  Ili'allli  eitiiiini.sHioner  to  rofjnlate  the  incurable 
in.sane. —  The  heallh  commissioner,  with  the  ajiproval  of  the  board  of 
health,  shall  make  sucii  rules  and  rej^ulations  for  the  care  and  manage- 
ment of  tlie  insane  in  the  poorliouse  as  he  may  deem  necessary,  i  M.  C, 
.sec.  7()t).  I 

Sec.  750.  In<li};ent  insane — conditions  of  admission  to  asy- 
lum. —  IJefore  any  eilizeii  shall  secure  Ihe  ailiiiission  of  any  indij;ent 
|M'rson  to  the  city  insane  asylum,  he  or  she  shall  present  to  the  board  of 
liealth  a  certiheate  sij^ned  by  a  physician  of  the  city,  duly  authorized  by  the 
laws  of  the  State  of  Missouri  and  the  ordinances  of  the  city  to  practice 
medicine,  which  certilicate  shall  be  properly  made  out  in  the  form  and 
manner  as  prescribed  by  the  board  of  health,  and  on  the  blanks  furnished 
for  such  purpose  by  said  board;  accompanyin<r  said  certificate  shall  be 
an  alVidavit  sworn  to  before  a  notary  jniblic  or  justice  of  the  peace,  which 
atTidavit  shall  state  the  name  of  the  jiarty  to  be  .idmitted,  and  that  said 
party  is  insane  and  destitute  of  means;  and  thai  ihe  natural  {juardians  of 
s;iid  ]iarty  are  unable  to  supjiort  said  insane  [lersoii.  eiiher  at  their  horaea 
or  at  a  jtrivate  asylum,      i  M.  C.,  see.  T»'>T  > 

See  T-M  IiiHane  persons,  applications  f«ir  admi.ssion  of — to 
wliom  made. — Ml  applientions  for  the  ndniission  of  in.sane  persons 
shall    lie    tiled    with    tlie    heallh    commissioner    at    least    fortyeipht    hours 


728  rCEVISED    CODE    OR    GENEHAL   OUDINAXCES.  [CHAP.    11. 

|ii('\  iinis  to  a  meeting  of  ilic  lioanl  of  liealrli.  ( >ii  the  filing  of  said  ajipli- 
lation  tlie  healtli  coiiiiiiissioncr  sliall  direit  an  examination  of  said  jierson 
fo  lie  made  by  a  jiliysician  of  tlie  healtli  department,  and  the  i-ejiort  of 
said  ])li.vsician  shall  aecompanv  the  aii]i]i(alion  then  presented  to  the  lioard 
of  health.      (^I.  ('..  see.  7(i.*<.  I 

Sec.  752.     Applications  to  he  passed  on  by  board  of  health — 

The  board  of  health  shall  <vnvt'ully  examine  and  pass  (m  said  application, 
first  as  to  the  insanity  of  said  jierson.  second  as  to  i-esideme  of  said  jierson. 
and  third,  as  to  the  truth  of  the  financial  condition  of  the  person  to  Ijc 
admitted,     i  ^f.  C,  see.  TUD.) 

Sec.  753.  Non-resident  insane — rule  ofexchision  and  excep- 
tions. —  Xo  person  not  a  resident  of  this  city  for  at  least  six  mouths 
jiiior  to  said  person's  aj)i»lication  for  admittance  to  the  asylum  shall  be 
admitted  to  the  insane  asylum,  excejit  when  in  the  ojiinion  of  the  boai-d  of 
health  it  is  necessary  for  the  safety  of  lives  and  ])roperty  of  the  inhaliilants 
of  this  city  that  smh  ]terson  should  be  placed  in  an  insane  asylum.  ( .M.  ('.. 
see.   770.) 

The  bringing  of  insane  persons  and  paupers  into  the  city  by  a  coninion 
carrier  or  owner  of  a  veliicle  is  a  misdemeanor  by  R.  C.  869.  As  to  non-resident 
insane,  see  sec.  762.   As  to  admission   of  St.  Lonis  county    patients  see  Sclieme,  sec. 2.5, 

Sec.  754.  Record  of  admissions  to  be  Ivept. — When  the  lioard 
of  health  shall  have  admitted  any  person  to  the  insane  asylum,  the  record 
of  such  action  shall  be  nnule  in  their  minutes,  and  the  health  commissioner 
shall  order  said  person  to  be  admitted,  but  no  one  shall  be  received  into 
the  insane  asylum  except  on  an  order  of  the  health  commissioner,  i  M. 
C,  sec.   771.) 

Sec.  755.     Indigent  insane  from  liospitals  may  be  admitted. — 

When  any  indigent  person  is  found  in  the  hospitals  or  poor-house  of  the 
city,  who  shall  be  certified  b\  the  su]ieriiitendent  and  physicians  in  charge 
as  insane,  the  health  conunissioner  may,  if  he  thinks  proper,  order  the  re- 
moval of  said  person  at  ome  to  the  asyhun,  and  report  all  facts  of  said 
case  to  the  board  of  health;  but  all  such  cases  shall  be  first  examined  by 
two  physicians  of  the  health  department,  and  the  certificate  made  out  in 
regular  form.      I  ^I.  ('..  sec.  772.) 

Sec.  75fi.     Dispensary  pliysicians— duty  as  to  insane  persons. 

— When  ajiplication  is  made  at  the  disjiensai-y  to  admit  any  jiersou 
to  the  hospital  or  jioorhouse,  who.  in  the  opinion  of  the  jihysician  in 
charge,  is  insane,  he  shall  decline  to  admit  such  jiersou  to  the  hosjiilal. 
but  shall  at  once  report  all  the  facts  to  the  health  conunissioner,  who  shall 
take  the  same  action  as  jirescribed  in  the  next  preceding  section.  (M.  C, 
sec.  773.) 

Sec.    757.      Wlien    insane     to     be    tal^en     into     custo«ly     by 

p«dice. — Whenever  any  lunatic,  idiot  or  jierson  of  unsound  mind  is  foun<l 
by  the  police  unprotected  by  guardians  or  friends,  and  in  such  condition  as 
to  endanger  the  lives  and  ]>roperty  of  the  citizens  of  the  City  of  St.  Louis, 
the  jiolice  shall  take  such  ](erson  into  custody,      i  M.  <'.  sec.  774.) 

Sec.  75S.     Same— re.i>«ihi< ions  as   to  <llspositi«Mi  of — The  chief 
of  police  shall    fui'nisli    ilic   hcalili    commissionei-   the   name,   age,   place  of 


AKT.    XVI.I         OF   HOSPITALS.    INSANK    ASYl.f.M    AM"    1  >ISl'i;.NSAUIES.  729 

rcsidt'iicc,  li'iij;ili  of  rcsidciiri'  in  ilic  cilv.  in(ii|iai  inn.  Inciiliiv  wiirir  saiil 
pcrsoii  was  ai-rfstcil.  tlie  circinnsiancfs  laiisin^  said  arrost.  ami  all  iii- 
loi-niation  In-  niav  have  or  ran  olnaiii  in  i-clalion  i<>  said  person.  The 
iicaltli  4-oniniissiont'r.  on  reri'ipt  of  sn<-li  rcporl  I'i-dmi  ilic  cliier  of  ]toliee, 
shall  cause  a  cari't'iil  cxaniinalion  to  hi'  made  of  snth  jicrson  hv  a  ]ihvsirian 
iif  tlif  licalth  dcpai'tnicni.  if.  upon  sinh  cxaniinal  inn.  sncli  itcrson  is  I'linnd 
to  Ik-  of  nnsiMind  mind,  and  an  unlit  jxtsoii  lo  ho  at  lai'^c.  tin-  iiliysician 
making' smh  i-.\aininai  inn  shall  ii'i'lifv  tin-  fart  to  thr  hcaitli  coniniissinncr. 
whose  duty  it  siiall  he  lo  take  cliai'fre  of  smli  Innatie.  idiot  or  person  of 
unsouml  mind  ami  plaie  .said  pei-son  in  the  city  hos]iital  of  insane  asylum, 
and  to  report  to  tlie  hoafd  of  lufjlth  within  one  week  his  adiim  iliereou. 
and  all  the  facts  and  information  i-e}:ai-dinj;  such  lunali<'.  idiot  or  insane 
jiefson  in  his  possession,  or  that  may  coint'  into  his  jiossession.  i.M.  < '.. 
.see.    7~~>.) 

See.  75!).  P<»li<'«'  to  (l«'li\<'r  insjinc  t«>  rity  liospHjil.  —  Tlie 
chief  of  police  is  heieliy  ant  hoii/.ed  and  directed  to  dcliMT  any  and  all 
jKTsons  taken  into  custody  iiy  the  pidice  on  chafjie,  observation  or  stis- 
jiicion  i>f  insanity  or  lunacy  forthwith  to  the  city  hos]iital,  and  shall  not 
jdufe  any  such  jierson  in  ilic  police  station  oi-  liolc|o\cr.  commonly  so-called, 
for  detention.  For  the  purjiose  of  conveying:  such  jiersons  to  the  city 
hospital  ati  anihulamc  of  ilie  health  dejiarlment  shall  he  used,  and  llie 
health  commissioner  is  hereliy  authorized  to  jirovide  from  the  dis]iensaiy 
statf  a  physician  who  shall  accom]iany  the  amltulance  on  stnh  trips  and 
render  such   pi-ofessional  aid  as  may  he  reipiiicd.      iM.  ( '..  sec.  771!.  I 

Sec.    76ti.     Kt'H:iilati«>iis    as    t<>    rare    <>f    temporarily    iiisaiu' 

at  hospital. — The  health  i-ommissioner  is  lierdiy  authorized  and  lii- 
recfed  to  Jirovide  and  iK'stow  suitable  and  snttieieut  quarters  at  the  city- 
hospital  for  the  receiitiou  and  due  care  of  all  insane  )i(>rsons.  or  those  suji- 
|iosed  so  to  be.  who  may  be  sent  there  by  projier  aulhoi'ity  for  lemjiorary 
treatment,  or  for  detention  and  obsei-vation.  peiidinj;  further  incpiii-y  in  re- 
lation to  the  mental  comlilion  of  such  jiersons.      i  M.  <"..  sec.  777.1 

S.e.  7iil.  Sanu'  —  <liili«'s  of  siiporintciHlciit  — <-«>iiiiiiissioii 
to  cxaniiiH'  ami  report. — The  superintendent  of  the  city  ho.spital  shall 
exercise  in  all  respects  the  same  sujiervision  of  these  inmates  as  of  other 
patients,  observing  and  recording  careftdly  every  symptom  or  evidence 
of  mental  derangemenr  and  reporting  his  conclusions  in  th»»  ca.se  to 
tlie  health  commissioner.  In  evei-y  doubtf\il  case  the  health  commissiiuier 
shall,  within  one  week  after  dale  of  patient's  admission,  convene  a  commis- 
sion com|>osed  of  till'  superintendent  of  the  ciiy  hospital,  the  superintendent 
of  the  insane  asylum  and  the  chief  dispensary  ]ihysician.  who  shall  care- 
fully examine  the  persons  suspected  to  be  insane  and  in(|iiire  into  and  con- 
sider all  the  facta  in  tlie  case  and  report  their  findings  to  the  health  coni- 
luissioner  fin-  such  action  as  he  shall  deem  projier  under  the  law.  subject 
to  the  approval  of  the  board  of  health.     (  .M.  ('..  sec.  77N.  t 

Sec.  76'_'  Vrrr>«lril  —  iHiii-frsidciil  i  ii^iiiit' — <lisposit  Ion  of. — 
\\  believer  ati.x  lunatic-,  idiot  or  person  of  unsound  mind  may  be  arrested  by 
the  police,,  and  is  found  to  be  a  non  resident  of  the  city,  the  health  com- 
missioner ,s|iall  rejMHt  the  facts  to  the  Mayor,  who  shall,  if  he  thinks  jtroper, 
order  the  chief  of  police  to  cause  such  jiersons  to  lie  returned  to  the  locality 
to  which  Ihey  lielong,  and  all  expenses  attending  the  return  of  such  person 
shall  be  borne  by  the  city,  but  if  the  Mayor  is  of  the  opinion  that  it  is  not 
practicable  to  return  such  jierson.  then  the  person  shall  Ih-  dis|iosed  of  as 
provided   in  si-ction  seven  hiindred  and   (iftyeight.      i  M.  ( '.,  sec.  77!l.  i 


730  REVISED    CODE    OR    GENERAL    ORDINANCES.  U'HaP.    II. 

See.    763.     Insane  i)erson,s  —  exaniinati<»n   of  reqnired All 

iiisiiiie  itci-sons,  wlu-ther  Tiikeii  up  by  the  i)olice,  admitted  by  the  oi'd(^r  of  th« 
board  ot  healtli  or  transferred  from  the  hospital  or  dispensary,  shall  be 
first  examined  and  certified  to  as  insane  by  at  least  one  physician  of  the 
health  department.     (JI.  C,  sec.  780.) 

Sec.  764.     Insane — indigent  or  pay  patients — provisions  for. — 

The  board  of  health  shall  have  jiower  to  admit  to  the  insane  asylum  insane 
persons  in  such  ca.ses  as  it  shall  appear  to  the  board  that  the  estate  of  the 
person  is  inadequate  to  the  care  and  supjiort  of  such  insane  person  at  a 
private  hospital  or  place  for  treatment  and  care  of  the  insane.  If  it  shall 
further  appear  that  said  insane  jierson  should  be  placed  in  restraint,  then 
said  insane  person  may  be  admitted  to  the  asylum  as  a  pay  patient,  the 
monthly  amount  to  be  paid  for  the  care  and  treatment  of  said  insane 
person  to  be  fixed  by  the  board  of  health.     (M.  C.  sec.  781.) 

Ord,  21607  (appd.  Nov.  IS,  1904)  authorizes  the  Health  Commissioner  with 
the  approval  of  the  Board  of  Health  to  transfer  not  over  100  patients  from 
the  insane  asylum  to  any  one  of  the  State  Institutions  for  the  care  of  the  insane 
and   appropriates   money   for   their   maintenance   thereat. 

See.    765.     Removal    of    restored    patients   from    asylum 

Whenever  the  superintendent  of  the  insane  asylum  shall  be  of  the  opinion 
and  belief  that  a  i)atient  of  the  said  asylum  has  been  sufficiently  restored 
and  cured  to  permit  his  being  removed  from  said  asylum  on  probation, 
he  may,  by  and  with  the  consent  and  ajiproval  of  the  health  commissioner, 
permit  such  removal  of  any  jtatient  by  his  relatives  or  near  friends,  on  be- 
ing satisfied  that  they  will  properly  care  for,  maintain  and  look  after  such 
patient  during  the  time  that  he  is  in  their  charge.     (M.  C.,  sec.  782.1 

Sec.  766.  Re-admission  of  patients. —  Should  such  patient,  so  re- 
moved, sufi'er  a  relapse  while  out  of  the  asylum,  he  may  be  returned  to  said 
asylum  and  may  Ite  again  received  as  an  inmate  thereof,  if,  upon  an  ex- 
amination made  by  the  superintendent  of  the  insane  asylum,  or  some  phy- 
sician under  his  direction,  it  is  found  that  such  patient  should  not  longer 
be  permitted  to  be  at  large.     (M.  C,  sec.  783.) 

FIVE— DISPENSARIES. 

Sec.  767.  Disi)ensaries — may  be  established. — The  health  com 
missioneP  may,  with  the  approval  of  the  board  of  health,  establish  a  dispen- 
sary at  his  office  and  elsewhere,  for  the  purpo.se  of  dispensing  medical 
advice  and  medicines  to  such  applicants  as  are  sick  and  indigent.  (M.  C. 
sec.  784.) 

Sec.  768.  Duties  of  chief  dispensary  physicians  as  to  jail- 
medicines.  —  The  chief  dispensary  physician  shall  have  charge  and 
care  of  the  health  of  the  inmates  of  the  jail,  but  all  medicines  needed  for 
the  jail  shall  be  purchased  by  the  commissioner  of  supplies,  and  paid  out 

of  the  a]>pr(ipriati()n  for  the  jail.      (M.  ("..  sec.  78.".) 

Sec.  769.  Salaries  of  apothecaries. — When  dispensaries  are  estab- 
lished and  opened,  as  ])rovide(l  by  ordinance,  the  salaries  of  the  apothe- 
caries shall  be  eight  hundred  dollars  per  annum,  payable  monthly.  (M. 
C",  sec.  78G.) 

Sec.  770.  3Iedicines  for  indigent  persons. — For  the  relief  of  sick 
and  indigent  ])ersons  the  health  commissioner  shall  have  power  to  furnish 
medicines  on  the  prescri])tions  of  the  disjiensary  physicians,  and  may  make 


ART.   XVII.]  OF  I'OORHOUSIC.  731 

such  :ii-i-;iii;;i'iiiciii  :is  lie  iiiav  ililiik  |pn>|M'i-  I'lir  tlio  (illiiif;  of  ilicse  i>rt'.scri{)- 
tioiis;  the  cost  of  said  piTS(  riptions  sliall  lie  jiaid  mil  of  IIk'  I'iiihI  ajipro- 
prialfil  lor  tlio  city  disiK'iisar.\ .      i  M.  ('.,  .^icc.  TsT.j 

.MM'Ifl.i:   .Wil. 

Ol-   I'OOlillOUSE.' 
'!iee  Cliait'T  piovlsloiis  .Art.  I.  .-^ec.  1:  Art.  III.  Sec.  jr..  suIkI.  3,  13. 

Sec.  771.      Poorlioiist' «'st;il)Iisli«'(l,  The    luiildiiif;   known   as   tlie 

■•(•(•uiity  |p(iur  iioiisc."  siiualcd  (III  Arsenal  sircci,  an<l  aciiuircd  by  tlio  <"ily 
of  St.  Louis  liy  the  rat  ilical  ion  of  liic  sclicnic  and  charter,  is  hereliy  estab- 
lislied  and  sliall  1m'  known  as  tlie  I'oorhouse  of  the  City  ot  St.  Louis,  and 
shall  U-  kept  for  the  reception  and  acconiniodaliou  of  the  indigent  and  de- 
cre|)it  persons  who.  from  jihysieal  inability  or  from  any  other  cause,  are  in- 
cajiacitaled  from  su|>iiortini;  tliemselv(>s.  and  such  only  shiill  lie  placed 
thert>in,  by  coiiipcieiii  ,nillHiril.\ .      i  .M .  ('..  sec.  7SS.  i 

See.  772.     Il«';ilfli    coiiiiuissioiu'r    has  .siiinTvisory   control. — 

The  health  coniinissioncr  shall  have  the  j;eneral  supervision  and  iiianaKe- 
ment  of  the  I'oorhouse.  and  shall  exercise  a  fjeneral  control  over  all  the 
oll'icers  and  employes  connected  with  or  em])loved  at  the  same.  He  shall 
make  all  necessary  rules  and  regulations  for  the  government  and  mauage- 
nuMil  of  the  I'oorhouse  subject  to  the  ajiitroval  of  the  board  of  health.  He 
shall  appoint  all  assistants  except  the  suiierintendent.  delerniiiiing  the 
iHiinber  to  be  employed,  whether  male  oi'  female.  He  sliall  examine  all 
accounts  against  the  roorhouse,  and,  if  he  finds  them  con-ect  shall  so  cer- 
tify. .\11  such  accounts  when  so  certitied.  shall  be  audited  and  paid  as 
pnividril  by  the  cliarler.      (  M.  C,  sec.  789.) 

Sec.  773.  Coiulitions  of  adinissioii. — The  health  commissioner 
shall  ]»rescribe  the  conditions  for  admission  to  and  discharge  from  the 
pool-house,  subject  to  the  apjiroval  of  the  board  of  health,  but  no  person 
shall  Ik"  admitted  to  the  iioorhouse  as  an  inmate  who  shall  not  have  re- 
sided in  the  City  of  St.  Louis  at  least  one  year  next  preceding  the  date  of 
application  for  admission.     (M.  C,  see.  790.) 

The  brinsInK  of  paupers  and  insane  persons  who  are  likely  to  become  a  charge 
on  the  city,  into  the  city,  is  made  a  misdemeanor  as  to  certain  persons  by 
R.  C.  sec.  S69. 

As   to   admission   of   paupers   from    St.    Louis    county    see   Scheme,    sec,    2H. 

S,'     771.     IJiiIrs    of   adiiiisstoii — inmates    to    In-    «-iii|>lo>«>*l. — 

In  shall  be  the  duty  of  Ihi-  health  commissioner  to  make  such  rules  and 
regulations  as  shall  be  approved  by  the  board  of  health  as  will  establish 
a  system  whereby  the  jiersons  admitted  to  the  jioorhouse  sliall  respectively 
earn  what  they  receive  to  the  extent  of  their  ability;  providecL  that  this 
sction  shall  not  be  so  construed  as  to  exclude  from  the  poorhouse  such 
indigent  jiersons  entitled  to  admission  as  may  be  unable  to  work:  jiroviileiL 
also,  that  no  minor  in  gooil  health,  over  eight  years  of  age,  shall  be  main- 
tained at  the  jioorhouse.     ( >f.  C,  sec.  791.) 

See   R.   '"•     -■■       "'■■ 

See.  775.     Ilfaltli    coniniissiontT    to    rt'porl     conditions    an- 
nually. —   It  shall  1m»  the  duty  of  the  health  commissioner  to  report  to  the 
municipal  assembly,  at  its  first  session  in  each  year,  a  particular  anrl  de 
tailed  account  of  the  affairs  of  the  poorhouse,  together  with  such  sugges- 
tions or  recommendations  as  may  to  him  seem  proper.     (M.  C.,  sec.  792.) 


732  REVISED    COPE    OR    GENERAL   ORUIXANCES.  [CHAP.    11. 

Sec.  776.  Office  «>f  snperiiitoinlent  created. — There  is  hereby 
created  aud  estalilislied  the  olfite  of  superintendeut  of  the  poorhouse.  (M. 
C.  see.  7!t:!.i 

8ec.  777.  Same — appointment  and  term. — Tht-  .superiuteudeut  of 
the  poorliouse  sliall  be  apjiointed  by  the  Mayor  aud  eontirmed  by  the 
council,  aud  shall  hold  his  otfice  for  four  years  and  iiuril  his  successor  is 
api)oiuled  and  (|iia]ified.     (il.  C.  sec.  7!t4. 1 

Sec.  77S     P«)\vers   an»l  duties  of  siii)erintendent — discharjje 

of  employCH.  —  The  superintendent  of  the  poorhouse  shall  have  the 
general  inauageuieut  of  the  jioorhouse  and  control  of  all  employes  thereat. 
He  shall  have  power  to  sns])eud  or  discharge  any  employe  for  neglect  of 
duty  or  gross  violation  of  the  rules  and  regulations.  When  he  shall  so  sus- 
peu<l  or  dischai-ge  any  one  he  shall  imuiediately  report  the  fact  of  such  sus- 
peusiou  or  discharge,  and  the  cause  thereof,  to  the  board  of  health,  which 
shall  take  such  action  in  the  matter  as  shall  to  it  seem  proper.  He  shall 
execute  aud  carry  out  all  rules  and  regulations  which  nuiy  be  made  by 
the  health  commissioner,  ajiproved  by  the  board  of  health,  and  shall  be  re- 
sponsible for  the  care  and  welfare  of  the  inmates  of  the  poorhouse.  ( M.  C. 
.sec.  7!t."j. ) 

Charter.  Art.  IV.  sec.  14,  provides  that  "the  a-ssi.stants  of  any  officer  may  be 
removed  by  the  officer  under  whom  they  work,  at  his  pleasure."  If  tile  em- 
ployes are  assistants  of  tlie  superintendent  tlie  limitation  of  liis  right  to  discharge 
is  void  as  narrowing  his  charter  power;  if  they  are  assistants  and  ^'ork  under 
the  Healtli  Commissioner  who  appoints  them  there  are  two  officials  who  may 
remove — tlie  latter  at  pleasure,  the  former  conditionally  for  cause.  A  number 
of  considerations  seem  to  suggest  tlie  latter  as  probably  a  better  construction; 
but  there  seems  room  for  question.  It  would  seem  strange  if  there  T\'ere  two 
officers  "witliin  tlie  Cliarter  meaning,  to  each  of  whom  tlie  employes  were  "as- 
sistants" and  "under  wliom  they  work"  so  as  to  authorize  a  discharge  at  the 
pleasure  of  eitlier,  wlien  it  seems  tliat  the  ordinances  contemplated  sucli  power  in 
neitlier. 

Sec.  779.  Bond  of  superintendent. — The  superintendent  of  the 
I)Oorhouse  shall  give  bond  to  the  city  iu  the  sum  of  ten  thousand  dollars, 
conditioned  upon  the  faithful  discharge  of  his  duties,  and  accounting  for 
all  property  of  the  city  which  may  come  into  his  possession  or  under  his 
control.  Said  bond  shall  be  secured  by  two  or  more  sureties,  who  shall 
be  owners  of  uuiucuml)ered  real  estate  in  the  city,  and  shall  be  apinovcd 
by  the  Mayor  and  council.     (M,  C  sec.  700.) 

Sec.  780.  (Jualifications  an<l  residence.  —  The  .superintendent 
shall  j)ossess  all  the  (|ualiticatioiis  jirescribed  in  section  ten,  ai'tide  four, 
of  the  <-harter.  He  shall  reside  at  the  poorhouse,  and  shall  receive  iiis 
board  and  washing  at  the  ]ioorhouse.  He  shall  devote  all  his  time  to 
the  discharge  of  the  duties  of  his  office.     (M.  C,  sec.  797.) 

Sec.  7>!1.  Salary.  —  The  salary  of  the  siipciiutendent  of  the  jioor- 
house  shall  be  at  the  rate  of  fifteen  hundred  dollars  per  annum,  jiayable 
monthly,  which  stim  shall  be  iu  full  for  all  services  of  an  official  nature. 
iM.  ('..'  sec.  7!)8.) 

Sec.  7S2.     Dairy  at   i>oorliouse  establishe<l — milk  liow  used. 

— The  health  comiriissiouer  is  hereby  directed  to  establish  a  dairy  on  the 
grounds  of  the  city  poorhouse,  which  dairy  shall  be  managed  as  jtrovided 


AUT    XVII.  ]  OF  POORHOL'SK.  733 

for  by  this  article,  ami  ih.'  milk  (Ifi-lMMJ  fniiii  ihis  ijaii-y  shall  Ijc  iisciI.  lirst, 
lor  tile  sili)|il.\ili;;  nt  llic  |i(>iiiliuiist'.  and  as  tar  as  jiossihlf  llic  ullicr  iiisti- 
Illlimis  of  Ilic  licallli  liciiarlliicllt.      lOl-d.  L'llll.'L'.  see.   l.i 

Scr.  78;}.  l)aii".\  >*tal)lf  ami  liow  foiistriKti'd. —  Atici-  ilu-  pas 
sa^c  and  approval  of  this  artiilc  Ilie  health  tomuiissioiu'i-  shall  make  a 
rtM|uisiti()ii  on  tlie  lioard  ot  iinl)lic  ini])rov('nuMils.  to  have  coiislrnctcd  mm 
del'  the  siipel'visiuii  nl  iln'  huildinjj  coniiiiissioiK-i-.  a  dairv  slalile  wliicli 
shall  have  a  (■a|>a(il.\  lor  one  hnndi'ed  cows.  This  dairv  stalde  shall  in  all 
it'sjiects  1k'  const  rinte<l  in  the  niannei'  as  presi  rilied  in  section  live  hundred 
and  forty  I'linr,  of  article  nine,  chapter  eleven  of  the  .Municipal  code  of 
nineteen  hundred  |  now  section  Ttl'J  of  Revised  CodeJ.  and  it  shall  so  he 
|>la»t'd  on  the  grounds  of  the  poorhotise  that  the  liquid  waste  from  said 
stalde  can  lie  carried  oH"  into  tlie  sewers  tliron<;h  two  inlerveninfi-  catch 
hasin.--  ol  a  plan  to  lie  apjiroved  li\  ilic  pi-esideni  of  the  iioard  of  public  ini 
provenieuts.      {Ih..  sec.  2.) 

Sec.  7S4.  .\p|toint iiii'iit  <)f  lu'lp  for  dairy. — The  hialtli  i-mn- 
missiouer  shall  appoiul  all  the  necessary  help  foi'  the  carinj;  of  this  daii\\. 
in  tlie  same  manner  as  he  makes  apitointmenis  of  the  employes  of  the  poor- 
house.     ( II).  st>c.  ;!. ) 

Src.  785.  Piirclias(>  of  cows. —  .\fiei-  the  lompletion  of  the  dairy, 
the  health  comniissioner  shall  make  a  rc(|uisii  ion  on  the  commissioner  of 
supplies  for  the  purchase  of  sixty-five  cows,  and  may  afterwards.  fr<im  time 
to  time,  make  a  recpiisif ion  for  additional  cows  wlienever  the  same  is  a|( 
proved  of  by  the  comptroller:  the  purchase  of  these  additional  cows  to  Iw 
]iaid  foi-  oui  (if  liic  funds  ihai  may  accuniulaii'  to  the  crcdii  of  ilie  daii'v. — 
I  /').   .sec.    I.  I 

See.    78(5.       I*ii<«'     of     milk     fix«Ml     lt>    coiiipt i'«»IU>i' All    milk 

]irodnced  by  the  dair\  and  i-onsuim-d  by  tile  |)oorlioii.se  will  be  pai<l  for  at  a 
|il'ice  to  be  tixed  by  the  conipl  T-oller.  and  wheliext'i-  any  milk  is  sold  to  the 
other  institutions  of  the  city  the  same  price  will  be  cliar;red  to  tiiose  insti- 
tutions.    I  lb.  .sec.  .">.  I 

See.  7S7.  I{<M"<Mpts  aiul  oxpoiiscM  of  dairy. — Ml  ie(ci|(ts  fiom 
the  .sale  of  milk  from  the  city  institutions  shall  be  plaied  to  the  ci-edit  of 
a  fiiinl  to  b«'  known  as  ••The  St.  Louis  I'oorhouse  l»airy  Fund."  and  all  ex- 
|M'n.ses  siK-li  as  salaries,  feed  and  jiurchase  of  lu'W  stock,  will  be  )iaid  for 
out  of  said  fund,  and  at  the  end  of  each  year  the  balance  remainin;;  to  the 
credit  of  this  fiiml  shall  be  returned  into  the  ueueral  re\euue  of  ihc  city. 
I  II).  .sec.   (i.  I 

Sec.  788.     liiiiplo.v  «s  aiul  salaii«'s  — iniual«'>*  pi'iforin  duties. — 

The  salaries  of  the  employes  shall  be  as  follows:  (Hiv  head  dairyman. 
\\h«i  shall  have  charfje  of  the  dairy  under  the  supervision  of  the  superin- 
tendent of  the  poorhouse,  flfty-tive  dollars  jK'r  month:  a.ssistants,  thirty- 
tive  dollars  ]h'v  month:  not  to  exceed  at  any  lime  three  in  number,  and  as 
far  as  po.ssible  such  inmates  of  the  jiooi-house  as  ari-  capalile  of  performing 
Work  in  the  ilairy.  will  be  a.ssij;ned  to  duty  there  by  the  superiniendeiii. 
I  fli.  see.  7. 1 

S.M'.  78!).  l>ispo>itioii  of  cow.s  hi'Cimiinjj  dr\.  —  When,  ver  any 
of  the  cows  iH'lon^iu};  to  the  dairy  l>ecome  dry.  and  in  the  opinion  of  the 

health   commissioner  should   be  disposed   of.   he   may.   witli   the  appro\al   of 


734  REVISED    CODE    OR    GENERAL   ORDINANCES.  [CHAP.    11. 

the  comptroller,  exchange  these  cows  for  others,  and  in  addition  pay  such 
sums  as  may  be  deemed  lair  and  jn-ojier  in  tli(>  exclianf;p  for  fresh  cows. — 
(lb.,  sec.  8.)* 

Sec.  790.  Separate  accounts  kept  —  monthly  statement— 
extraordinary    expenses    to     be    approved     by    comptroller — 

All  of  the  accouut.s  coimected  with  the  jJoorlKnise  dairy  shall  he  kept  iu  a 
separate  account  on  the  books  of  the  St.  Louis  poorhouse,  and  a  monthly 
statement  of  the  expenses  and  the  amounts  received  from  the  sale  of  milk 
shall  be  foi-warded  monthly  to  the  coni])trolIer.  No  extraordinary  expense 
shall  he  made  on  account  of  this  dairy,  unless  the  same  shall  be  approved 
by  the  con^jtroller.     (lb.,  sec.  it.) 

Sec.  791.  Cow'S  to  be  examined  an<l  treated  by  veterinary 
surf?eons. — All  cows  purchased  for  the  use  of  the  dairy  at  the  city  poor- 
house  shall  be  examined  by  the  veterinary  surgeons  of  the  health  depart- 
ment and  the  veterinary  surgeons  of  the  health  department  shall  give  med- 
ical attendance  for  these  cows  whenever  ordered  to  by  the  health  commis- 
sioner,    (lb.,  sec.  10.) 

ARTICLE   XVIII. 

OP    REGULATIONS   CONCERNING    CONTAGIOUS.    INFECTIOUS    .\ND    PESTILENTIAL 

DISEASES.* 

•See  Chap.  11,  Art.  XIX  of  quarantine;  for  charter  authority  for  these  ordi- 
nances see  Chart..  Art.  III.  sec.  26,  clause  6,  conferring  power  to  prevent  intro- 
duction and  spread  of  contagious  diseases;  and  powers  of  Health  Commissioner 
and  Mayor  in  case  of  epidemics.  Charter,  Art.  XI,  sec.  8.  As  to  restriction  by 
Charter  of  treating  patients  sick  witli  smallpox,  cholera  or  plague,  unless  author- 
ized  by   ordinance,   see  Charter,   Art.   Ill,   sec.   35. 

Sec.  792.  Physicians  to  report  smallpox,  etc. — It  shall  be  the 
duty  of  each  and  every  practicing  physician  of  the  (Mty  of  St.  Louis  to 
immediately  report  to  the  health  commissioner  of  the  city  each  case  of 
smallpox,  typhus  fever,  croup,  cerebrospinal  fever,  diphtheria,  erysipelas, 
measles,  puerperal  fever,  scarlatina,  tyjiliind  fever,  yellow  fever,  wlioopini; 
cough,  cholera  and  chicken-pox  which  he  may  see  or  to  be  called  ujion  to 
attend  within  the  limits  of  the  citj'._   (M.  C.  sec.  799.1 

A  similar  ordinance  held  valid  but  not  applicable  to  a  Christian  Scientist 
because  not  a  "physician";  Kansas  City  vs.   Eaird.  92  Mo.  App.  204. 

Sec.  793.  Same — name  and  location. — In  reporting  cases  of  con- 
tagious, infectious  and  i)estilential  diseases,  the  physician  shall  he  required 
to  give  the  name  and  residence  (street  and  number),  age  and  color,  of  each 
case.     (M.  ('.,  sec.  800.) 

Sir.  794.  When  house  not  placarded — duplicate  report  re- 
quired. —  In  cases  of  tyj)lius  fever,  smallpox.  dii)htlieria,  scarlatina  and 
cholera  where  the  house  is  not  placarded  within  thirty-six  hours  after  the 
first  report,  dujtlicate  report  must  be  made.     (M.  C,  sec.  SOI.) 

Sec.  79").  Report  when  disease  has  terminated.  —  Whenever 
any  case  of  diphliieiia.  scarlalina.  cholera,  lyjihus  fever,  typhoid  fever, 
sinall])0X  and  cerelno  si)in;il  fevei'  has  terminated  ami  lliei'e  are  no  otlier 
cases  in  the  same  house,  the  physician  last  attending  such  case  shall  report 
imme<liately  the  f;ict  to  the  health  coiiiniissionei-.  so  s;iii\  pi-eiiiises  iii;iy  he 
disinfected.'     iJl.  (".,  sec.  802.) 


AUT    XVIII  )      OF  CONTAGIOUS.   INFECTIOUS  AND   PESTILENTIAL  DISEASES.      736 

Set'.  796.     IViiJilty    for    failure    to    observe    (trdiiiiiiices. — Any 

physician  violating;  any  of  liic  pruvisitnis  of  tliis  article,  or  failiiif;  to  per- 
forin tlie  ilntics  iviinircd  of  iiiin  by  thi.s  article,  siiail  be  deemed  },'nilty 
of  a  niisdeiiieanor,  and  npoii  lonviclion,  sliall  be  tilled  not  less  than  lifty 
noi'  more  llian  two  humlred  ami  lil'ly  dollars,  to  i>e  rec()\-ei-ed  for  the  nse 
of  the  City  of  St.  Louis  Ih'Idit  aiix  coni-i  having;  roiii|jcii'nl  jurisdiil  ion. — 
(.M.  ('.,  sec.  SO.'t.i 

Sec.  71)7.  IMaiiks  for  rt'|M)Hs  to  1»<»  fiirnislxMl. — Tlie  health 
commissioner  shall  fmiiisli  liic  pidpn-  lilaid<  form  on  which  to  make  the 
reports,  as  ici|iiiici|  li\   this  article.      (  .M.  (".,  sec.  S04.) 

Sec.  79S.  r>iiil(liiij;s — when  pliHMfdcd.  —  \\  limivcr  any  pliysiriau 
shall  i'e|ioi't  to  the  health  commissioner  any  case  of  smallpox  or  contaj^ioua 
disease  in  any  dwelling;  or  hiiildinj;  in  the  city,  the  health  commissioner 
shall  hav(>  the  power,  whenever  in  his  oiiinion  it  is  lu'cessary,  to  canse  to 
U'  placed  on  tlu'  onlside  of  any  bnililin^  or  dwellinj;,  or  door  of  any  room, 
a  printed  ]>lacai'd  {jjivinj;  notice  of  the  e.xistenci*  of  snch  contagions  disease. 
Any  person  wlio  shall  i'emov(>  sncli  jilacard  placi'd  by  order  of  the  health 
commissioner  shall  In-  iliTmnl  uuiliy  of  a  iiiisdemcaiioi .  .iinl  ii|hiii  (■(iii\i<- 
tion  be  tincil  not  less  than  lixc  nor  iiioic  lliaii  lwi'iil\  ti\e  dollars.  i.M.  ( "., 
SO.-..  I 

Sec.  79!t.  Parents  and  j;iiar«lians— p<'iialiti<*.s. — The  parents  or 
guardians  of  children  attending;  any  |iri\ate  or  |iiiblic  school,  who  shall 
liermif  them  to  attend  school  after  it  becomes  known  to  said  ]iareiils  or 
guardians  that  any  of  their  family  are  infected  with  any  infections  or  con 
tagious  disease,  shall  be  ilceiiied  guilty  of  a  misdemeanor,  and  upon  (ini 
viction  thereof  shall  be  lined  in  a  sum  not  less  than  live  nor  more  than  tea 
dollars.     ( M.  C,  sec.  80G.) 

Sec.  ,S0t).  Teaclu'rs — ptMialtieM.  —  .\iiy  primiiial  or  teacher  of  any 
private  or  jiublic  sdiool  in  the  City  of  St.  Louis,  having  oH'icial  or  authentic 
information  of  the  e.xisteme  of  any  infectious  or  contagious  disea.se  in  the 
family  of  any  ])Upil  attending  said  sclnxd.  shall  immediately  cause  the  re- 
moval of  said  pnpil  from  said  school,  and  )intil  he  i  or  she!  shall  have 
undoubted  |)foof  of  the  premises  where  the  family  reside  being  disinfected 
anil  the  di.sease  eradicated.  Any  failure  on  the  part  of  any  j)riiicipal  or 
teacher  complying  with  the  pi-ovisions  of  this  article,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  uiion  convi(-tion  thereof  he  fined  in  a  sum  noi  less 
than  five  nor  more  than  ten  dollars.     (M.  C.  .sec.  SitT.I 

Sec,  Sol.  ('on(;ig:ions  dis»'as«'s_p<»rsons  afllictcd  to  l>o  re- 
moved to  hospiliil.  W  lM-iM-\cr  the  heallh  roniinissioiier  shall  become 
ajiprised  or  infoianed  that  any  i>ersoii  or  jiersons  residing  in  any  hotel, 
boarding-house  or  tenement  house  within  the  limits  of  the  ("ity  of  St.  Louis 
are  sutTering  from  any  inalignant.  infections  or  contagious  disea.se.  which 
in  iiis  opinion  or  in  the  ojunion  of  any  medical  otTicer  of  the  health  depart- 
ment, may  endanger  the  lives  of  thi'  citizens,  it  simll  be  his  duty  to  make  or 
catise  to  Im>  made  an  examination  of  the  said  person  or  pesons  ami  the 
disease  they  ari-  sutVering  from  or  atVlicted  with,  by  a  ]ihysician  or  |ih.\si- 
cians  of  the  health  depai-tment.  and  from  and  after  snch  examination,  if 
he  shall  deem  the  same  nece.ssary.  he  shall  cause  said  p<'rson  oi-  persons  lo 
l)e  removed  from  the  said  hotel,  hoanling  house  or  tenement  Inmse  to  the 
hospital   ]irovided   l)y   tlie  city   for  the   treatment    of  all   smh   disea.ses.  and 


736  REVISKIi   r'ODK  OR  GENERAL  OIUUXANCES.  [CHAP.    11 

if  force  l)e  found  iicccssai-y  in  cansin<j;  tli«'  rtMnoval  of  persons  sutt'ering 
from  siieh  malignant,  infections  or  contagious  disease,  the  health  commis- 
sioner shall  have  the  jwwer  and  authority  to. use  force  if  he  should  deem 
the  same  necessary  or  judicious.     (^1.  C,  sec.  808.) 

See.  802.     Diseasoil   persons   may   hv  removed  from    dwell- 

iiiffs,  etc.  — Whenever  the  health  commissioner  shall  become  apprised  or 
informed  that  any  person  or  persons  residing  in  any  private  residence, 
house  or  dwelling  within  tlie  limits  of  the  City  of  .St.  Louis,  are  suffering 
from  any  malignant,  infectious  or  contagious  disease  which  in  his  opinion, 
or  in  the  opinion  of  any  medical  officer  of  the  health  department,  may 
endanger  the  lives  of  citizens,  and  which  from  the  surroundings  of  the 
premises,  the  size  of  the  house  and  number  of  jiersons  residing  therein 
would  make  it  impossible  to  isolate  the  said  person  or  persons  so  atflicted 
from  all  connection  or  contact  with  other  persou.s  residing  in  the  same 
house  (except  the  nurses),  it  shall  be  his  duty  to  make  or  canse  to  be  made 
an  examination  of  the  premises  and  surroundings,  and  also  an  examination 
by  a  medical  officer  or  officers  of  the  health  di'iiariment  of  the  said  iierson 
or  ])ersons,  and  the  di.sease  they  are  sullering  from  or  are  afflicted  willi. 
and  from  and  after  such  examination  of  the  premi.ses  and  the  ])erson  or  per- 
sons, if  he  shall  deem  the  same  necessary,  he  shall  catise  said  ])erson  or  per- 
sons to  be  removed  from  said  private  residence,  house  or  dwelling  to  the 
hospital  provided  by  the  city  for  the  treatment  of  all  such  diseases;  and 
if  force  be  found  necessary  in  causing  the  removal  of  such  person  or  per- 
sons suffering  from  such  malignant,  infections  or  contagious  disease  the 
health  commissioner  shall  have  the  power  and  authority  to  use  the  same  if 
he  should  deem  it  necessary  or  judicious;  provided,  that  the  health  commis- 
sioner shall  permit  one  or  more  members  of  the  family  of  such  sick  jiersou 
or  persons  to  accompany  the  sick  person  or  persons  to  the  hospital,  there 
to  remain  as  a  nur.se  or  nurses  until  such  sick  person  or  ]iersons  are  dis- 
charged from  the  hos])ital.     ( M.  C,  sec.  809.) 

Sec.  803.  Residences,  etc.,  to  be  disinfected  —  wlien — WIkh 
ever  any  residence,  or  portion  of  the  city  to  the  extent  of  one  residence, 
or  one  or  more  blocks  or  S(juares  of  ground,  shall,  in  the  opinion  of  the 
health  commissioner,  be  infected  with  any  malignant  or  infectious  or  con- 
tagious disease,  he  shall  have  the  power,  by  and  with  the  apjiroval  of  the 
board  of  health,  to  cause  the  said  residence,  block  or  blocks  or  sipiai-es  of 
ground  to  be  vacated  by  tlie  residents  or  inliabitants  thereof  for  the  jnir- 
pose  of  disinfecting  or  fumigating  the  .same,  oi-  if  this  is  not  deemed  ex- 
pedient or  judicious  by  the  health  commissioner,  he  shall  ha\'e  the  power 
and  authority  to  close  up  the  street  or  streets  in  front  of  and  surrounding 
the  said  residence,  block  or  blocks  or  squares  of  ground,  and  ])rohibit  the 
residents  and  inhabitants  of  the  said  residence,  block  or  blocks  or  s(|uares 
of  ground,  from  jtassing  in  or  out,  to  or  from,  said  jiremises.  exce])t  un- 
der such  rules  and  regulations  as  may  be  |)rescribe(l  by  the  heallli  coimriis- 
sioner  and  apjiroved  \>\  the  board  of  health,  and  to  continue  and  remain 
so  until  the  health  commissioner  or  the  l)oard  of  health  shall  order  the 
restriction  removed.     i.M.  <"..  .sec.  810.) 

Sec.   S04.     Notice  of   existence  of  contajfious  disease,  to  be 

ffiven.  — •  The  keeiteis  of  all  hotels  and  boarding  houses,  and  the  agents 
and  owners  of  all  tenement  houses  or  ])rivate  resiliences  or  dwelling 
houses,  having  any  person  or  ])ersons  in  their  hotel,  boarding  houses,  ten(>- 
nient  hou.ses  or  jirivate  residence  or  dwelling  houses  sutfering  from  or 
aftlicted   with  any  malignant,  infectious  or  contagious  disease,  aftei'  (liey 


AKT    .Win.)      OF  CONTAOIOl'S.    IN  KIX'TH  >rs  AN1>   l'i:sTn.i:NTI  AI.  I'lSKASlCS.        737 

hIiuII  have  liocoiiu'  acqiiaiiiifii  with  ilic  fact,  or  are  apprisfil  of  tlic  sam«i, 
Hliall  imiiH'iiiati'l V  notify  the  hrniili  i  oiimiis.sioiier  at  liis  olVitc,  in  tlie  city 
liall.  sialinj;  the  name  of  the  |ieisoii  oi-  persons  so  afflicted.  Iheir  a^i'  and 
resi<h'nce  or  location,  and  such  other  fads  oi'  information  as  liiey  may  lie 
it)  pos.sessioii  td'.  Any  such  liee|ier,  owner  oi-  clcik  of  any  hotel  of  lioard- 
iuj^  house,  or  any  such  aj^ent  of  owner  of  any  tenenuMiI  iioiise,  pfixate  resi- 
dence or  dwellinj;  inuise,  failing  to  uolify  the  lienltli  eonimissioner  of  any 
person  or  persons  hein;;  atl'licted  witii  any  mali<;nant,  contajiious  or  in 
fectious  disease,  after  liavin;:  heconie  aware,  apprised  or  informed  uf  ilic 
same,  shall  he  deemed  t^uilty  of  a  misdemeanoi',  ami  u|)on  conviction 
liiereof  hefori'  either  of  the  pidice  justices  of  the  (!ily  of  St.  Louis,  shall 
be  tined  in  a  sum  iLot  less  than  twenty  nor  more  than  one  Immlreil  dollars, 
to  In"  collected  and  jiaid  a.s  other  tines  for  misdemeauors  uo^^•  provided  for 
hy    law.      I  .\l.   ('.,  sec.  S\{.) 

See.  805.  Hopoi-N  to  |Mil»lir  library.  —  It  is  herehy  made  the 
iluly  of  the  health  commissioner,  whenever  any  house  is  [losted  hy  the 
health  departineiit  as  lia\inLr  a  contairioiis  disease  therein,  immediately  to 
notify  the  juihlic  lihrary  hoard  thereof;  and  such  i-e]ioft  to  the  library 
board  of  the  houses  so  jiosled  shall  he  made  daily  by  the  health  commis- 
sioner.     I  .M.  ( '.,  sec.  SlL'.  I 

See.  806.     lt<M>ks,  «>(<■.,  of  |iiil>li<'  library    in   hoiis(>  pIa<*ar«l(Ml. 

— \\'hem'\er  any  notice  of  contaj;ious  disease  is  posted  \i|ion  any  house  by 
the  health  department,  the  agent  of  said  <h'partment  putting  u\>  said  no 
tiee  sliall  inquire  at  the  time  if  the  house  contains  any  books,  periodicals 
or  pamphlets  bcdonging  to  the  luiblic  library,  and  sliall  thereiipiui  demand 
anil  take  immediate  possession  of  said  book,  periodical  or  |ianiplilel.  and 
remove  the  same  to  the  olfici'  of  the  health  de|iartmeiil  and  the  health 
commissioner  shall  immediately  notify  the  luiblic  library.  gi\ing  the  num- 
ber and  name  of  the  book,  periodical  or  jiamplilel.  ,iiid  the  house  where 
received;  and  llie  lu-allh  commissioner  shall  immediately  cause  said  books, 
periodicals  or  jiamphleis  to  be  disinfected  and  returned  to  the  library. 
I  M.  »'.,  sec.  Si:{.) 

See.  807.  I'j'iialty.  —  Any  person  in  whose  family  thei-e  is  a  con- 
tagious disease  who  does  not  |irom|)tly  rejiort  and  surrender  to  the  health 
Commissioner  any  book,  periodical  or  pamphlet  belonging  to  lln'  |niblic 
library,  shall  be  deiMiied  guilty  of  a  misdemeanor,  and  sluill,  upon  con- 
viction, Ih?  punished  by  a  fine  of  not  less  than  five  dollars  nor  more  than 
tweuty-tive  dollars.     i.M.  C,  sec.  814.) 

See.  808.  Duty  of  policj'  «l«'|»ar(nu'nt  to  {five  notice.  —  It 
shall  be  tiic  duty  of  tlie  police  de]iartment  to  notify  the  liealtii  commis- 
sioner of  the  existence  of  any  malignant,  infections  or  contagious  disease, 
whenever  or  wherever  they,  in  their  judgment,  consider  uv  believe  the 
same  to  exist,  and  also  to  assist  the  health  commissioiu-r  lU'  his  officers 
or  employes,  whenever  called  uiion  to  do  so,  while  in  the  discharge  of  their 
iluties,  by  virtue  of  the  provisions  of  this  article.     (M.  ( ".,  see.  J*!;").) 

See.  SOl>.  Penalty  for  inferferiii«r  with  «'onmiissi<mer. — Any 
[KTson  or  |X>rsons  violating  any  of  the  provisiciiis  nf  this  ariii  le.  or  inter- 
fering with  or  hindering  or  obstrncting  the  health  commissioner,  or  his 
officers  or  employes,  in  the  exercise  of  their  authority  or  duties  as  jiro- 
vided  by  tliis  article,  shall  \>e  deemed  guilty  of  a  misdemeanor,  and  upon 


738  REVISED    CODE    OR    GENERAL   ORDINANCES.  [CHAP.    11. 

conviction  thereof  before  cither  of  the  police  justices  of  the  citj-,  shall 
be  fined  in  a  sum  not  less  than  twenty  nor  more  than  one  hundred  dollars, 
to  be  collected  and  paid  as  other  fines  for  inisdciiieanors  as  now  provided  for 
by  law.     (M.  C,  sec.  SKI.) 

Bee.  810.     Consumption  coninmnioable  disease — measures  for 

prevention  to  be  i)repare(l  and  rules  distributeil Consumption, 

whether  classiticd  as  "liiberculosis  of  the  luiifis,"  "phthisis  pulmoiialis." 
"tubercular  ]ililliisis."  "tubercular  consumption,"  ''pulmonary  cou- 
sumiition,"  "tubercular  broncho-imeumonia.''  or  however  nominated. 
is  hereby  declared  to  be  a  conimnnicable  disease,  and  the  health 
commissioner,  with  the  ap]iroval  of  the  board  of  iiealth,  shall  prepare  rules 
presci-iliinii  essential  measures  for  preventing  the  si)read  of  the  disease 
and  jiromoting  its  arrest  or  recovery.  lie  shall  cause  a  printed  copy  of  such 
rules  to  be  distributed  in  every  case  occurring  within  the  limits  of  the  City 
of  St.  Louis  of  whose  existence  he  may  have  information.  (Ord.  22():ii. 
sec.  1.) 

Sec.  811.  Attending  i»liysician  to  nuike  examination  of  spu- 
tum—report  to  health  eommissioner It  shall  be  the  duty  of  each 

and  every  physician  in  the  City  of  St.  I^ouis.  when  called  to  attend  any  pa- 
tient n^siding  in  the  City  of  St.  Louis  who  has  sym])toms  of  tuberculosis,  to 
promptly  make  or  cause  to  be  made  a  miscroscojjical  examination  of  the 
sputum  ol  such  ]iatient.  If  this  examination  or  the  clinical  evidence  demon- 
strate tuberculosis,  the  physician  shall  at  once  report  the  case  to  the  health 
commissioner,  giving  name  of  patient,  occupation,  residence,  place  of  em- 
ployment, age,  sex,  nationality  and  social  condition,  and  a  record  shall  be 
kept  of  such  reports,  which  shall  be  accessible  only  on  order  of  the  health 
commissioner.      (/&.,  sec.   2.) 

Sec.  812.  Health  eommissioner  to  ex.imine  premises — take 
notes— distribute  rules. — ^Vhenever  the  health  commissioner  shall  have 
iufdrmation  from  the  attending  physician  of  the  existence  of  any  case  of 
consumjition  in  the  city  he  shall  cau.se  the  jiremises  to  be  examined,  and 
have  notes  taken  of  the  sanitary  condition  of  the  same,  the  numl)er  of  per- 
sons living  in  the  house,  and  whether  the  patient  occupies  a  room  by  him- 
self or  herself,  or  with  others;  and  he  is  herein'  directed  to  furnish  iu  each 
case,  directly  or  through  the  physician  (when  one  is  in  charge),  a  copy  of 
the  rules  iu  relation  to  the  management  of  the  sanitary  features  and  sur- 
roundings of  the  case  as  herein  provided  for.     (76.  sec.  ,3.) 

Sec.  81.3.     Premises  not  to  be  placarded  for  consumption.— 

Houses  in  which  there  are  cases  of  consumption  shall  not  be  placarded  for 
that  disease.     (Ih.  sec.  4.) 

Sec.   814.      Proceedings  where  no   physician  is  in  charge — 

When  a  case  of  supposed  consumi)tion  is  rcjiorted  to  the  heallh  commis- 
sioner, and  no  physician  is  in  charge,  the  health  commissioner  may  apjioint 
a  city  physician  to  examine  and  report  the  same.  If  the  clinical  evidence 
or  a  microscopical  examination  of  the  sputum  of  such  ])atient  demonstrate 
tuberculosis,  the  health  commissioner  shall  furnish  to  the  patient,  or  to  the 
patient's  nearest  relative,  friend  or  caretaker,  a  printed  co]>y  of  directions 
as  to  the  best  means  of  lu-eventing  the  spread  of  the  disease  and  promoting 
recovery.  He  shall  instruct  the  insjiectors  of  the  health  department  to  re- 
[)ort  whether  directions  and  instruclions  are  obeyed.     (Ih.  sec.  Ti.) 


■  -™ 


ART.   XIX.)  OP    Ql'ARANTlNIC.  739 

Sic.  815.  Kxaiiiiiiation  of  .si»ii(iiin  iiiulcr  direetion  of  roin- 
iiiissioinT.  — Till-  liealtli  coiiiinissioner  .sliall  have  the  i)ower  to  cause  a 
iiiicn>.s»o|iifal  e.xaiiiinatiun  to  be  uiaile  of  tlie  sputa  of  j)ersoiis  havinj;  sjmii- 
toins  of  tuberculosis,  whenever  it  be  requested  by  the  attetidiiit;  iiiiysician  or 
bv  the  city  pliysiciau  ih-tailcd  to  examine  tlie  case,  and  lie  siiall  liave  the 
power  to  order  said  c.\aniinalion  to  lie  nuuU-  by  any  conijietent  pei'son  in 
ilie  eni(>biy  of  tlie  iicalih  dcparinicni.  and  sncii  jterson  so  einphjyed  shall 
promptly  make  the  examination  and  a  repurl  thereof,  free  of  chafge.  When 
such  persons  shall  have  completed  this  examination,  the  result  shall  be  re- 
ported in  duplicate,  one  co[iy  to  be  forwarded  Ut  the  physician  upon  whose 
application  the  examination  was  made  and  the  other  to  the  health  corniuis- 
sioner.      {lb.  sec.  (J.) 

Sic.  Sit;  Disinfect  ion  of  rooms  of  ('oiisiiiii])tiv<'s — niiis.iiH'C 
when  not  diHiiifi'ctotl.  iuiouis  thai  have  been  occupied  by  consump- 
tive patients  shall  be  thoroughly  cleaned  and  disinfected  as  soon  as  the  case 
has  terminated,  or  been  removed,  permanently  or  temporarily.  This  may 
be  done  under  the  direction  of  the  attending  physician,  but  such  disinfec- 
tion and  cleaning  must  be  done  in  accordance  with  the  rules  of  the  health 
commissioner,  and  the  ]ihysician  must  re]iort  to  the  health  commissioner 
how  and  when  this  cleaning  and  disinft'ction  were  done.  Upon  application 
to  the  health  commissioner,  all  aparlmeuts  that  have  been  recently  occupied 
by  cases  of  consumption  will  be  disinfected  free  of  charge.  Premises  not 
disinfected  as  provided  by  this  section  are  hereby  declared  to  be  a  nuisance 
and  detrimental  to  the  public  health.     {Ih.  sec.  7.) 

Sic.  S17.     Penalty    for  ilisobeyiuji;  ('onsiini])tion  ordinance — 

niisdenieantu'.  —  Any  physician  failing  to  comply  with  any  of  the  pro- 
visions of  the  seven  jireceding  sections  or  any  person  or  persons  resisting 
the  enforcement  of  any  of  the  provisions  thereof  shall  be  deemed  guilty  of  a 
misilemeanor.  and  upon  convidion  shall  be  fined  not  less  than  fifty  nor  more 
than  two  hundred  and  fifty  dollars,  to  be  recovered  for  the  use  of  the  Citj' 
of  Si.  Louis  before  any  court  having  competent  jurisdiction,     ilb.  sec.  S.) 

AliTK  LIO  XIX. 

OF  QVAR.VNTINi;. 

Sii".    SIS.     Ilealtli  <"oniniisslon«'r  (o  prescribe  refiiilations. — 

Tlie  healtli  commissioiii-r.  by  ami  willi  tin-  approv.il  of  tin-  Imartl  of  liealtli. 
is  hereby  authorized  and  empowered  to  eslalilish  and  enforce  special  or  gen- 
eral i|iKU'antine  regulations  within  the  limits  of  the  city,  whenever,  in  his 
judgment,  the  sanitary  interests  of  the  city  demand  the  same.  ( M.  C. 
sec.  SI  7. 1 

lluariiuilni-  Uiuuliiiliinii.^-C'linrtor  XII..  hovs.  4  and  8:  also  Art.  III.,  sec.  26, 
claii.oc  6.  The  act  of  the  legislature  authorizing:  the  City  of  St.  Loula  to  make 
quarantine  refrulatlons  l.s  not  a  delegation  of  legislative  power  and  such  ordi- 
nances are  not  against  the  constitution  of  the  state  or  of  the  United  States.  F'nr- 
tioular  quarantine  regulations  held  valid  In  Metcalf  vs.  St.  Louis,  II  Mo.  10.1.  An 
ordinance  of  St.  Louis  prescribing  that  boats  coming  from  below  Memphis,  hav- 
ing had  on  board  at  any  time  during  the  voyage  more  than  a  spccllled  number 
of  passengers,  should  remain  in  quarantine  not  less  than  forty-eight  hours  nor 
more  than  twenty  days  is  not  against  the  commerce  clause  of  the  V.  S.  Consti- 
tution: St.  Louis  v!i.  McCoy.  IS  Mo.  2.18:  St.  I>ouls  vs.  Bofflnger,  19  Mo.  I.  The  right 
to  quarantine  does  not  confer  the  power  to  seize  and  use  for  hospital  purposes 
private  property  without  compensation:  Barton  vs.  Odessa,  109  Mo.,  App.  7S, 
relying  on  Dooley  vs.  Kansas  City.  82  Mo.  444. 


740  REVISEIi    CODE    OR   GENERAL   ORDINAN'CES.  [CHAP.   11. 

Sep.  819.  Application  of  rej^ulations.  —  (juarautine  regulatious 
are  liereby  defined  to  ajijily  as  follows:  First,  to  all  ])asseii<i;ers  and  their 
baygaj;e;  second,  to  ]>as.sengers  or  bajfgage  res])eetively ;  third,  to  freight 
of  any  one  kind  or  tharaeter,  or  ditferent  varieties  of  freight  differing  iu 
kind,  character,  substance  or  material;  the  extent  of  the  inhibition  or  pro- 
hibition njion  jjassengers  or  freight  coming  from  any  part  of  the  United 
States  into  the  city  shall  be  determined  by  the  health  commissioner  and 
approved  by  the  hoard  of  health,  and  when  so  determined  and  ap]irt)ved  it 
shall  be  made  of  record  in  the  proceedings  of  the  board.     (M.  C.  sec.  818.) 

See.  820.     Epidfiiiic— quaraiitiin'  aj»ainst  section  affected  by. 

— Whenever  the  health  commissioner  shall  be  in  possession  of  reliable  and 
satisfactory  information  that  any  malignant,  infectious  or  contagious  dis- 
ease is  epidemic  in  any  portion  of  the  country  with  which  the  city  has  com- 
munication, he  may  establish  and  enforce  quaiantine  regulations  against 
such  jiortion  of  the  country,  and  he  may  determine  and  regulate  to  what 
extent,  in  what  manner,  and  by  whom  any  communication  or  business  trans- 
actions may  be  had  with  such  portion,  either  by  the  citizens  of  such  portion 
of  the  country  or  of  the  city,  and  he  shall  establish  such  stringent  and  neces- 
sary rules  and  regulations  as  may  be  reipiired  to  prevent  the  introduction 
or  spread  of  such  di.sense;  and  to  that  end  he  is  hereby  authorized  to  eiu- 
])loy  sucli  ])ersons  as  he  may  deem  necessary;  and.  all  the  actions  of  the 
health  commissioner  under  the  provisions  of  this  section  must  be  approved 
by  and  recorded  iu  the  ])ro(eedings  of  the  board  of  health,  otherwise  the 
health  commissioner  shall  have  no  jiower  to  act  in  the  premises.  (M.  (.'., 
sec.  8ir».) 

Sic.  821.  Notice  to  l>e  yiven — failure  to  observe  is  misde- 
meanor—penalty. —  \Ahenever  the  health  commissioner  shall  declare 
that  any  malignant,  infect iotis  or  contagious  disease  is  jirevalent  in  an  epi- 
demic form  in  any  portion  of  the  country,  and  the  same  is  approved  by  the 
hoard  of  health,  he  shall  immediately,  or  as  soon  thereafter  as  ]iossible, 
notify  in  writing  every  express  comjiauy,  transfer  company,  teamsiei-, 
steamboat  company  or  water  craft  and  railroad  company  doing  business 
at  the  wharf,  or  in  the  city  and  engaged  in  the  transportation  o(  freight  and 
passengers  to  or  from  the  city  to  any  ])ortion  of  such  country,  through  their 
re])resentatives  or  principal  officers  oi'  masters,  owners,  managers,  con- 
ductors, teamsters  or  directors,  that  (luarantine  regulations  have  been  es- 
tablished and  will  be  rigidly  enloi-ced  against  such  ))ortion  of  the  coiinti-y. 
stating  the  method  and  condition  by  and  \i])on  which  they  may  transmit 
or  carry  ])asseuger.^  or  freight  to  or  from  the  city,  and  also  the  kind  or 
character  of  freight  that  is  prohibited  from  entering  the  city,  and  all  other 
regulations  that  nuiy  have  been  established  by  the  health  commissioner  and 
approved  by  the  board  of  health  in  relation  to  the  subject-matter.  Every 
officer,  master,  manager,  owner,  directoi'.  conductor  or  teamster  of  any  ex- 
press company.  translcT'  company,  team.  steaiid)oat  com](any  or  other  water 
craft  and  railroad  com]'any.  after  having  received  such  notice,  failing  or 
refusing  in  whole  or  in  part  lo  conijily  with  the  restriction.s  and  conditions 
of  the  quarantine  regulations  as  established  by  the  health  commissioner 
and  approved  by  the  board  of  health,  shall  be  deenied  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  before  either  of  the  police  justices  of 
the  city,  shall  be  fined  in  a  sum  not  less  than  fifty  nor  more  than  five  hun- 
dred dollars,  to  be  collected  and  paid  as  other  fines  and  penalties  for  mis- 
demeanors, as  now   pi'oviiled  for  by  law.     ( M.  C.  sec.  82t).) 


AltT.    XIX  1  OF    (jr. \  KANT  I  NIC.  741 

St'f.  S22.  l^piilciiiir — laiuliii^  of  tr«'i^lit  or  piiss«'ii«;«>rs  from 
district  atftM'tctl  by,  \vitlioiit  iMTiiiit,  forl>i<l«li'ii — ini.sdciiK'anor. 

No  siiMiiiliiiiii  III-  Dthcr  w  alcr  i  rait,  or  railinad  I  laiii.  rcmsist  iiii;  of  Iocdiilu 
live  and  mu'  car  or  iiKirt',  ciiiiiin;^  t'l'om  any  [inrlion  of  tin-  countrv  inlVilcil 
witli  anv  niali;,'nant.  inrcctioiis  or  conlaj^iDiis  discasf  in  an  ciiidi'niical  form 
and  lioiind  lor  the  cily,  sliall  land  at  the  wliaiT  or  discharge  its  I'ri'inlil  or 
|)assi'n;;cr.s  wiliiin  tlif  limits  of  lln>  city,  without  lii'st  liavinj;  ohlaincd  a 
jHTniit  to  do  so,  from  the  hcalfli  cominissioiii'i-,  or  soino  other  ofliccM-  de.sjj,;- 
iiatfd  by  him;  and  any  cai)tain,  owner  or  master  <ir  conductor  of  any  steam- 
boat  or  other  water  cral'l  or  railroad  train,  iandiiifi  at  ilic  wliarl  or  dis 
charjiinj;  rrci;;lit  or  ]iasseiij;ers  within  the  city,  without  first  havinj;  oh- 
taineil  a  jiermit  as  heretofore  desij;nated,  shall  he  deemed  ;;nilty  of  a  inis- 
demeatior,  and  upon  coiniction  thereof  before  eitlier  of  tiie  |ioli(c  justices 
of  the  city,  sliall  be  lined  in  a  sum  not  less  tliaii  tifty  nor  more  than  live 
hundred  dcdiars,  to  be  eolleeted  and  paid  as  all  other  tines  for  misdemeanors 
as  now  pi-ovided  for  by  law.     (M.  ('..  sec.  S'Jl.) 

Sec.  823.  IN'rs<ms  to  lu'  s«Mit  to  <|ii:ir:intiiio.  —  All  ciniprrants, 
|)as.sen;;ers  or  other  recently  fiom  shi|ilioard  or  elsewhere,  and  all  sick,  dis- 
«'ase<l  or  nnelean  j)ersons,  with  iheir  bajxiiaiie  and  stores,  may.  on  tlieir  ar- 
rival in  the  city  be  sent  to  the  (|iiaraniine  station  ]irovided  by  the  lily 
for  such  pnrpo.ses,  whenever,  in  the  o]iinioii  of  the  health  commissioner,  the 
same  is  deemed  necessary  bv  him  and  aii|Mo\cd  by  the  board  of  healiii. 
(M.  ('..  see.  S22.) 

Sei-.  S24.  I'roiiiiil^'iidoii  of  (|iiaraii(iiit'  rr}* illations. — Whenever 
an  order  of  the  health  comiiiissioner  in  relation  to  the  (|uarantine  rejiula- 
tions  of  the  city  is  ajiju'oved  by  the  board  of  health,  a  cojiy  of  the  same 
shall  be  made  out  and  attested  by  the  clerk  and  lU'esidini^  ofticer  thereof, 
and  transmitted  to  the  board  of  pidice  commissioners,  who  shall  I'liter  the 
same  of  record  upon  the  minutes  of  the  board,  and  shall  cause  a  cojiy  of  the 
sjime  to  be  transmitted  to  the  eomniandinj;  oflieer  of  eacli  police  district 
ami  sub-district,  and  such  commanding  ofticer  shall  cause  said  order  to  be 
read  at  least  twice  to  the  ofticers  and  |iatrolmen  id'  the  force  at  each  district, 
and  the  board  of  ]iolice  commissioners  are  further  directed  to  instruct  the 
ofticei's  of  the  force  to  aid  and  assist  the  health  commissioner,  or  any  ofticer 
or  em|>loye  desi;:naled  by  him  in  the  enforcement  of  the  (|narantine  re^nda 
tions  whenever  requested  to  do  so.     ( M.  C,  sec.  823.) 

See,  S2.''(,  l*«'iialf ic's. — .\ny  jicrson  or  [persons  failinu  oi-  refnsinj;  to 
comply  with  the  cui.naniine  re<;ulations  of  the  city,  as  established  by  the 
health  I'ommissioner  .ind  a|iproved  by  the  board  of  healili.  <>r  any  per.son 
or  |M'rsons  i-esistinj;  by  force  or  otherwise',  the  enforcemeni  of  tin-  ipiaran- 
tiiie  re;;ulations  in  the  city,  established  and  api>roved  as  aforesaid,  shall 
Im"  deemed  fjuilty  of  a  misdemeanor,  and  upon  conviction  ther«'of.  before 
eilhei-  of  the  ptdice  justices  of  the  city,  shall  be  titled  in  a  sum  not  less  than 
ten  nor  more  than  live  hiiiidreil  dollars  foi-  eaili  otVeiise.      (  M.  ('.,  sec,  S24, 1 

See.  ,■^2(i.  IiO<*atioii  of  (| ii:i ra III i ii4>. — The  trrounils  piirclinsed  by  the 
City  of  Si.  Louis  from  .\Mi;nsins  l.anukopt,  b\  deedbearini;<late.luly  seventh. 
eijihteen  hundred  and  fifty  four,  are  hereby  established  as  a  permanent 
•  piarantine  station  for  thi'  city,  and  there  shall  Im*  established  and  inaitL 
taiiied  at  said  station  a  ]ierinanent  hos|dlal  for  the  reception  and  accommo- 
dation of  such  persons,  emigrants  or  others  as  may  be  jdaeed  therein  In- 
proper  authority,     i  M.  <".,  ,nec.  S2.''i.  ( 


742  REVISED   CODE   OR   GENERAL  ORDINANCES.  [CHAP.    11. 

ARTICLE  XX. 

OF   MORTUARY    RECORDS. 

Sec.  827.  Physicians  to  iiialie  deatli  certificates — duties  of 
sexton,  etc.  —  failure  is  misdemeanor— penalty.  —  Ewvy  ph.vsi- 
ciau  who  is  legally  authorized  by  the  ordiuances  of  the  city  to  practice 
mediciue  in  the  city  shall,  when  a  patient  dies  under  his  or  her  care, 
make  out  certiiicates  in  duplicate  in  the  form  and  in  the  manner  as  the 
health  commissioner  may  prescribe,  and  on  the  blank  form  furnished  by 
said  health  commissioner:  which  certificate  shall  state  the  name,  age,  sex, 
color,  place  of  birth  (when  known),  the  exact  locality  and  date  of  death 
together  with  the  name  of  the  disease  or  cause  from  which  such  person 
died;  which  certiiicates  said  physician  shall  cause  to  be  deposited,  without 
delay,  in  the  office  of  the  health  commissioner.  One  of  said  certificates  shall 
be  registered  and  filed  in  the  office  of  the  health  commissioner;  the  other, 
after  being  signed  by  the  health  commissioner  or  his  clerk,  shall  be  deliv- 
ered to  the  undertaker  of  the  funeral  or  to  a  member  of  the  family  of  the 
deceased,  said  certificate  to  be  delivered  to  the  overseer  or  sexton  or  ])erson 
in  charge  of  the  graveyard  or  cemetery  in  which  the  body  is  to  be  buried.  It 
shall  not  be  lawful  for  any  overseer,  sexton,  or  other  person  who  may  have 
charge  or  control  of  any  graveyard  or  cemetery  in  the  city,  to  receive  said 
certificate  or  allow  anybody  to  be  buried  in  any  graveyard  or  cemetery 
under  their  charge  or  control  unless  said  certificate  shall  have  been  coun- 
tersigned by  the  health  commissioner  or  his  clerk ;  and  in  no  case  shall  any- 
body be  received  in  any  graveyard  or  cemetery  in  the  city  unless  accom- 
panied by  a  certificate  countersigned  by  the  health  commissioner  or  his 
clerk.  If  any  physician,  undertaker,  over.seer  or  sexton  of  a  graveyard,  or 
other  {)erson,  fail  to  make  such  rej)ort,  or  fail  to  comply  with  any  or  all  of 
the  provisions  of  this  section,  he,  she,  or  they,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  less  than 
twenty-five  nor  more  than  five  hundred  dollars,  to  be  recovered  for  the  use 
of  the  city,  as  in  other  cases  of  misdemeanor,  in  any  court  having  com- 
petent jurisdiction;  and  where  any  physician  shall  fail  or  refuse  to  make 
and  dejiosit  such  certificate  as  provided  in  this  section,  the  health  commis- 
sioner shall  cause  inquiry  to  be  made  as  to  the  cause  of  the  person's  death, 
and  if  he  shall  find  that  such  person  died  from  natural  causes,  he  shall  issue 
and  sign  certificates  stating  the  facts,  and  on  which  certificate  the  body 
may  be  buried.     (M.  C,  sec.  826.) 

Christian  Scientist  is  not  a  physician:  Kansas  City  vs.  Baird.  92  Mo.  App.  204. 
See  the  charter  provision  on  this  subject,  in  Art  XII.,  sec.  10  (the  penalty  Is 
there  fixed  at  five  dollars);  see  also  sees.  11  and  12  of  same  Art.  of  Charter. 
These  charter  provisions  form  the  basis  of  this  and  the  ordinance  sections  follow- 
ing hereinafter.  There  may  be  perhaps  some  question  as  to  the  authority  of  the 
city   to  increase  the  penalties  fixed   by   the  Charter. 

Sec.  828.  Deatli  without  nuMlical  attendance— when  health 
commissioner  to  j?ive  certificate. — Whenever  a  permit  for  burial  is 
api>li(>il  lor  in  a  case  of  death  without  the  attendance  of  a  regular  physician, 
or  if  it  is  iiiij)0ssihle  to  obtain  the  jihysician's  certificate,  the  hcallh  com- 
missioner shall  investigate  the  case  so  far  as  may  be  necessary,  and  when  he 
has  obtained  satisfactory  evidence  in  relation  to  the  cause  and  circum- 
stances of  the  deatli.  he  shall  make  out  and  sign  the  certificates  and  give  the 
required  permit ;  if  not  satisfied  in  relation  to  the  cause  and  circumstances 
of  the  death,  he  shall  report  the  case  to  the  coroner  of  the  city  for  his  inves- 
tigation; and  u])on  such  rejiort  by  the  health  commissioner,  it  shall  be  the 
duty  of  the  said  coroner  to  investigate  the  case  and  make  out  and  sign  the 
certiticate.     (M.  C,  sec.  827.) 


ART.    XX.  1  OF   MOHTLARV    RECORDS  743 

S.I.  Si29.     liiirials  or  roitiovals  pr4»]iil)i(«Ml  \vi(li4iii(   r4'|M»rt  of 

llciltll. —  No  jiiTson  f>li;ill  liiii-\  111-  [ilacc  in  ;i  tmnli  nr  ri'iiiiivc  rnini  ilir  ciiy 
or  otlii'i'wisf  (lisposi-  ol'  tlic  litxiv  of  any  huiiiaii  liciii};  wlio  shall  die  in  the 
city,  or  shall  lie  ln-oii<ilit  to  lliis  city  lor  burial,  withoiil  lirsi  fc|u)r(inj;  the 
(icatli  to  tlic  henltli  coniiiiissioiici-  and  oI)tainiiijj  a  |ioi-niii  Iroin  him  I'oi-  ihc 
hiifial  of  the  body  of  such  person.     (  M.  C,  sec.  828.) 

Sec.  830.  K«'|»oil>  to  In-  niatlc  l»_\  st>x(ons,  vtc.  —  All  ovt-r- 
scci-s,  sextons  oi-  oilier  persons  who  may  have  control  over  jmlilic  {irave- 
yards  in  the  city  shall  make  a  weekly  report  to  the  health  commissioner  of 
all  interments  dnrinn  the  week  in  the  graveyard  whereof  they  are  such 
o\»'rseer  or  sexton  respectively.  Said  report  shall  siiecify  the  names  and 
ajies  of  the  jiersons  interred,  sex,  color  and  place  of  liirth,  and  exact  lo- 
cality and  date  of  death,  and  also  the  diseases  of  which  said  persons  died, 
and  the  name  and  residence  of  the  physician  who  sij^ned  the  certificate. 
I  M.  ('..  see.  S29.) 

See  as  to  tills  section  Charter  .\rt.  XII..  sec.  11,  which  It  tracks. 

See.  Sol.  IVnalty  f«»r  intrrnienl  witluMit  ciTliricato. — If  any 
overseer,  sexton  or  other  person  haviu<;  control  of  a  jj;raveyard  .shall  permit 
auy  person  to  be  interred  iu  said  trraveyard  without  a  certificate  statiuf; 
the  name,  place  and  date  of  death,  together  with  the  disease  of  which  said 
person  died.  si};ned  by  the  health  commissioner  or  his  clerk,  he  shall  forfeit 
and  pay  a  sum  not  less  than  twenty-live  nor  more  than  tive  hundi-cil  dollars, 
to  be  recovered  for  tlu'  use  of  the  city,  as  in  other  cases  of  misdemeanor  be- 
fore any  court  or  ofticcr  liavini;  competent  jurisdiction.     .(Jl.  C,  .sec.  830.) 

But  see  Charter  -Vrt.  XII..  sec.   12.   which   makes   the  penalty   only  a  sum   "not 
less  than  live  nor  more  than  twenty  dollars." 

Sec.   8.i2.       lViialt.\    lor    failure    to    iiiaki*    weekl.v   rcport.s. — 

If  any  overseer,  sextou  or  other  jierson  charjied  with  the  performance  of 
such  duty,  fail  or  nej;lect  to  make  to  the  health  commissioner  such  report 
of  weekly  interments,  he  shall  forfeit  and  pay  not  less  than  twcMitylive  nor 
more  than  tive  hundred  dollars  for  every  such  failure,  to  be  recovered  iu 
like  manner  as  provided  in  the  last  preceding  section.     {}>[.  C.  sec.  .s.51.) 

Same  as  Charter   Art.   XII..   sec.    13.   except   that   the   charter   fixes   the  penalty 
at '"not  less  than  twenty  dollars  for  every  such  failure." 

See.  833.  Hi'ports  to  hr  doliverod— when. — Tlie  .sextons  of  the 
different  cemeteries  shall  deliver  to  the  health  commissioner,  at  his  office, 
tlR'ir  weekly  reports,  as  ju-ovided  for  in  section  830,  at  or  before  tlie  hour 
of  four  o'clock  in  the  afternoon  of  Saturday  of  eacii  and  every  week;  and 
any  sexton  failing;  or  rcfusinj^  so  to  do,  shall  forfeit  and  jiay  a  line  of  ten 
dollars  for  each  such  failure  or  refusal,  to  be  recovertMl  as  piii\  iilcd  in  sec- 
tion S31.     I  .M.  C.  sec.  s:!2. 1 

S.c.  S34.  lilank  liook.s  and  iM'conl.n  to  l)e  furnislxMl. — Tin- 
health  commissioner  shall  furnish  ea<  h  overseer  or  se.xton  of  any  duly 
authorized  and  recognize<l  graveyard  with  a  blank  book,  with  apjiropriate 
<-oluiiins  to  enter  the  facts  and  records  re(|iiired  by  this  article  to  lie  re- 
corded: and  such  overseer  or  sexton  shall  enter  in  such  books  all  the  cer- 
titicaies  received  from  any  undertaker  or  physician:  such  books  shall  b<» 
anil  always  remain  the  (iroiierty  of  the  city.     [S\.  (\.  .sec.  S33.  i 


744  lilOVI.SKl)    CODE    OR   GKNKKAL   ORDlNANC?:S.  [CHAP.    11. 

Sec.  S35.  Kt'lMU'ts  to  iiiclmlt'  what. — It  s^liall  be  the  duty  of 
ovt'i-seei-s,  sextous.  or  otiier  persons  wlio  iiiav  liave  control  over  the  public 
graveyards  of  the  ("ity  of  St.  ]>ouis,  to  include  in  their  weekly  reports  to 
the  heiilth  commissioner,  as  provided  for  in  section  ei<;ht  hundied  and 
thirty,  the  name  and  place  of  i-esidence  of  each  |]iiysiciaii  from  whom  has 
been  received  a  certificate  on  which  any  person  has  been  interred  in  the 
graveyards,  under  tlieir  charge,  and  the  number  of  cei-titicates  given  by  each 
and  every  physician,  and  for  whom  given;  and  any  overseer,  sexton  or  other 
person  having  charge  of  a  public  graveyai-d.  failing  or  refusing  to  comply 
with  the  provisions  of  this  section,  shall  forfeit  and  pay  a  fine  of  ten  dol- 
lars for  every  such  failure,  or  refusal,  to  be  i-ecovered  as  }irovided  for  in 
section  eij;lit    Imiidred  and   tliii-ty-one.      ,M.  ( '..  sec.  S;}4. 1 

Sec.  8o().  Blank  certificates  t«>  be  prepared. — The  health 
commissioner  shall  cause  to  be  [)rinted  a  sufficient  number  of  blank  cer- 
tificates, setting  forth  in  suitable  columns  the  facts  re(|uir("d  as  prescribed 
in  section  eight  humlre<l  .nid  t weiitysexen,  which  certificates  shall  be  kejit 
in  the  office  <if  the  health  commissioner,  and  shall  be  delivered  to  registered 
physicians  in  person  only;  and  said  j)hysiciaiis"  names  shall  be  inscribed 
on  the  back  of  each  certificate  so  delivered,  and  it  shall  not  be  lawful  for 
any  jihysician  to  issue  or  use.  or  the  health  commissicmcr  to  receive,  any 
other  form  of  certificate  for  interment  exce]it  such  form  as  shall  be  pre- 
scribed and  issue(l  by  the  health  commissioner.      i.M.  t'..  sec.  S.S.").  i 

Sic.  837.  Kemoval  of  dead  person — permit  to  be  ob- 
tained. — ^^'lleu  the  removal  of  any  dead  person  beyond  the  city  limits  is 
desired,  a  jiermit  therefor  shall  first  be  obtained  from  the  health  commis- 
sioner, who  shall  issue  said  permit  u]ion  the  certificate  of  the  physician 
under  whose  care  the  jierson  died.     i^l.  <\,  sec.  83(i.) 

Sec.    So8.     Certified     copy     of     record    to     be     furnished — 

\\"hciie\'er  any  jiersdii  shall  demand  a  certified  cojiy  of  the  record  of  the 
death  or  birth  of  any  jierson  as  the  same  a]ipeais  of  record  iti  the  office  of 
the  health  commissioner,  the  health  commissioner  shall  furnish  a  certified 
copy  of  said  record  of  death  or  birth,  signed  by  either  hit. 'self  or  his  clerk, 
eTud  stamjied  with  the  seal  of  his  office  and  countersigned  by  the  conii)troller 
of  the  <"ity  of  St.  Jjuiis.  and  for  each  certified  copy  of  deiUh  or  birth  so 
issued  he  shall  I'harge  and  collect  the  sum  of  one  dollar,  ami  all  moneys 
thtis  collected  shall  be  paid  by  him  into  the  treasury  of  the  (Jity  of  St. 
Louis.     (M.  ('.,  .sec.  S.S7.) 

Sec.  839.  Viohitions  of  article — penalty  for. — Any  person  or 
persons  violating  the  |piovisions  of  this  article,  fiu-  wliiih  no  jienalty  has 
been  provided  shall,  ujion  conviction,  he  fined  not  less  than  ten,  nor  more 
than  five  hundred  dollars,  to  be  recovered  for  the  use  of  the  City  of  St. 
Louis,  before  anv  court  or  officer  having  comjietent  jurisdiction.  (  M.  ('., 
sec.  S38.) 

AKTICLL  XXI. 

OF    REGUI^ATIONS    CONCERNING      THE    TRANSPORTATION     AND    DISINTER- 
MENT OF  DEAD   BODIES. 

Sec.    840.      Certain     dead     bodies    not    to     be     brought     to 

city. —  It  shall  not  be  lawful  for  the  officers  or  employes  of  any  railroad, 
express  or   transjtortation   company,  or  the  master  of  any   steamboat  or 


AKT   xxii  1  ui-  <-i:mktkiuk.s.  7J5 

(iiliif  vessel,  or  the  (ii'iver  of  any  wajjoii  or  veliicle  to  lii'iiij;  into  the  lily 
the  liody  of  any  person  wlio  sliall  liave  died  from  eerel)io  sjiinai  nieninyilis, 
diplitheria,  scarlatina,  typlius  lever,  smallpox.  Asiatie  eholera  or  yellow 
fever.     .\ny  person  or  persons  violatinji  the  provisions  of  this  section  shall 

he  deei 1  y;nilly  of  a   iiiisdeMieanor,  and  npon  conviction   thereof,  shall   lie 

fined  not  less  than  one  hnndrcd  nor  nioic  ihan  live  humlii  d  duljars  for  cadi 
otfense.      (  M.  ("..  sec.  s:{!l.  i 

Sec.  S4l.  ('i'r(iru"jiU'  to  ;u-<-«>iii|>iiii>  ImmI\.  —  lOvcry  dead  Kudy 
that  is  hroufflit  into  the  cii\  imisi  lie  aci-onipanied  liy  a  physician's  ccriili 
rate  of  the  canst>  of  death.  Any  iierson  or  persons  liriniiinj;  any  l)od\  into 
the  city  unaccoinjianied  in  a  i-crlilicale  showing;  liie  cause  of  death,  shall 
lie  deejued  ^niilty  id'  a  misdemeanor,  and  upon  conviction  shall  lie  lined  not 
less  than  twentytive  nor  more  Ihan  one  Innnlrcil  dollars.     i.M.  (".,  sec.  S4(l.j 

See.  842.  Wlioii  iMTiiiit  r<>i'l>i(|(|<'n. — No  permits  will  he  jrranted 
for  tlie  disintei-nicnf  of  Imdics  of  persons  wiio  have  died  from  cholera,  ycl 
low  l'e\er  or  smallpox.     i.M.  < '..  sec-.  Sll.) 

See.  843.  Disposition  of  «lisiiit('ri'«Ml  l»o«li<'s. — In  all  cases  where 
bodies  are  disinieiicd  tin  re  shall  he  on  hand  a  n»-u  ti^hl  wooden  box  into 
which  the  coflin  shall  he  immediately  placed  after  it  has  licen  taken  out 
of  the  ^.'Idiiiid.      I  M.  •'..  sec.  S\-2.\ 

Sec.  811  <)|M'iiiiij;:  j^riivcs  and  (onil»s--|K'rmi<. — No  p.  r-on 
shall  remove  any  dead  liiid\,  or  the  remains  of  any  such  liody.  from  any 
of  the  };raves  or  fomlis  in  this  city,  or  shall  disturb  any  dead  body  in  any 
tomb  or  tirave  without  a  iiermit  from  the  health  commissioner.  No  ;;ravt< 
or  tomb  shall  li<>  opened  from  the  llrst  da.\  of  .\pril  to  (he  tirsi  day  of  (>cio 
Imt.  except  ftir  the  piirjiose  of  interriiifr  lln'  dead,  without  the  special  |ier- 
mission  of  the  health  commissioner.     i.M.  < ".,  sec.  S4."{.  i 

See.  S45.  l'«'iiiil(,v. — Any  ]iersoii  vioJatiiiLr  any  of  tlie  provisions  of  tliis 
article,  or  failin<;  to  comply  with  any  of  the  reipiirements  ]irescribed.  for 
which  iHi  special  jienalty  is  att;icheil.  shall  be  deemed  -iuilty  of  a  misde- 
meanor, and  sliall  lie  tined  not  less  than  twenty  nor  more  Ihan  live  humlred 
dollars.      I  M.  ('.,  .sec.  S44.I 

S.c.  S4G.     Kcniov  ;il  of  dead  imthoii — ]>(M*niit  to  !«'  obtiiiiu'd.— 

^\'hen  the  removal  of  any  dead  jicrson  beyond  the  city  limits  is  di'sircd.  a 
permit  therefor  shall  first  be  obtained  from  the  health  commissioner.  \vh<i 
shall  issue  said  jiermit  upon  the  certiliiate  of  the  physiii.iii  under  whose 
care  the  jiersoti  died,      i  .\l.  < '..  sec.  S4."i. ) 

A.M  to  stato  laws  on  •^rnhnlmlni;  and  state  board,  s<^p  R.  S.,  1S99.  sees.  7370-7380. 

.MvTIfl.i;    .\.\ll. 

I  If  r-i:.\ii:'ri;i:ii:s. 

Sec.  .S47.  Aiit  lioi'i/.<>d  ««'iiM't«'rie.s. — Tli>  following'  nnnicil  cemeteries 
are  now  establisln-d  within  the  limits  of  the  city,  are  hereby  recognized 
and  aiitliori/ed  as  le;;al  and  projier  (daces  for  the  interment  of  jiersons  who 
may  ilii'  in  the  city,  or  who  may  be  brou;:lit  to  the  city  for  burial,  namely: 
First.  Itellefoiitaine  cemetery  :  second.  I'.ctlilchcm.  Ill-  I'licmcii  Saxon  ceme 
tery;  third.  Calvary  cemetery:  fourth,  l-Jvaugelii  al.  or  Friedeus  ceiiieterii' ; 


746  REVISED    CODE    OR   GENERAL   ORDINANCES.  [CHAP.    11. 

fifth.  Holy  Trinity  lenietery ;  sixth.  New  Saxon,  or  Gravois  Saxon  ceme- 
tery;  seventh,  New  Pickers  cemetery;  eighth,  Public  cemetery,  at  City  Poor 
House;  ninth.  Rock  Springs  cemetery;  tenth,  St.  Marcus  cemetery;  elev- 
enth, St.  Mathcw's  cemetery;  twelfth,  St.  Paul's  Evangelical  cemetery; 
tiiirteenth,  SS.  I'eter  and  Paul's  cemetery :  fourteenth.  Western  Evangel- 
ical Luthei'aii.  or  Papin  Saxon  cemetery.     (Ord.  2112S,  amend.  M.  C,  see. 

As  to  when  a  cemetery  may  be  considered  as  abandoned,  and  the  right  of  the 
city  to  discontinue  the  same  on  that  ground  from  further  use,  see  Campbell  vs. 
Kansas  City.  102  Mo.  326.  The  Constitution  exempts  cemeteries  from  taxation: 
Const.  Mo.,  Art.  X.,  sec.  6  ,  but  exemption  from  taxation  usually  does  not  apply 
to  special  taxation:  Sheehan  vs.  Good  Samaritan  Hosp.,  50  Mo.  155;  State  ex  rel 
vs.  Linn  Co.,  44  Mo.  504.  See  also  note  to  Charter.  Art.  VI.,  sec.  14,  p.  398,  re- 
ferring to  Laws  1907,  page   86,   making  cemeteries  subject  to  special  taxation. 

Sec,    848.     IJniits    of    cemeteries     not    to    be     extended. — 

None  of  the  above  named  cemeteries,  or  any  other  that  may  be  hereafter 
established  by  law,  shall  extend  their  limits  unless  permission  to  do  so  has 
been  authorized  by  ordinance.     (M.  <"..  sec.  847.) 

Sec.  849.  Public  or  private  buryiiis"  jjrounds  to  be  au- 
thorized.— From  and  after  the  passage  of  this  article  it  shall  not  be 
lawful  for  any  person  or  persons  to  lay  out  or  establish  a  public  or  private 
burying  ground  within  the  limits  of  the  city,  unless  the  authority  to  do  so 
shall  have  lirst  been  granted  l)y  ordinance.     (M.  C.  sec.  848.) 

See.   8.50.     Burials   alloAved    only    on    authorized    ground. — 

It  shall  not  be  lawful  for  any  person  or  persons  to  bury  the  body  of  any 
deceased  i)erson  anywhere  within  the  limits  of  the  city,  except  in  the  ceme- 
teries duly  authorized  and  recognized  as  public  burying  grounds  by  sectioD 
eight  hundred  and  forty -seven,  except  by  special  permission  granted  by  the 
health  commissioner.  Any  person  violating  the  jirovisions  of  this  section 
shall  upon  conviction,  lie  fined  not  less  than  two  hundred  and  fifty  dollars, 
nor  more  than  five  hundred  dollars,  to  be  recovered  for  the  use  of  the  city, 
as  in  other  cases  of  misdemeanor,  before  any  court  or  officer  having  com- 
petent jurisdiction.     (M.  C,  sec.  849.) 

Sec.  851.      Penalty  for  buryinj?  in   unauthorized   cemetery. 

Any  owner  or  owners,  or  his  or  their  agents,  or  any  tenant  or  any  other 
person  who  shall  bury  or  permit  to  be  buried  the  body  of  any  deceased 
person  on  any  lot  of  ground  within  the  limits  of  the  city,  except  the  same 
be  authorized  as  a  cemetery,  except  by  special  permission  of  tlie  health 
commissioner,  shall  upon  conviction  be  fined  not  less  than  two  hundred 
and  fifty  nor  more  than  five  hundred  dollars,  to  be  recovered  for  the  use 
of  the  city  as  in  other  cases  of  misdemeanor,  before  any  court  or  officer 
having  comiietent  jurisdiction,  and  such  person  shall  be  subject  to  a  like 
fine  for  each  and  every  day  the  body  of  any  deceased  person  shall  remain 
interred  in  said  lot.     (M.  C,  sec.  8.")0.) 

Sec.  8.52.  Disinterment  to  lake  place  when. — If  the  IhhIv  of 
any  deceased  ]>erson  or  persons  be  found  buried  on  any  lot  of  ground  in 
the  city,  the  owner  or  agent  of  which  cannot  be  found,  it  shall  be  lawful, 
and  it  is  herel)y  made  the  duty  of  the  health  commissioner  to  cause  said 
body  oi'  bodies  to  be  disinterred  and  buried  in  the  public  burying  ground; 
|irovidod,  however,  the  jirovisions  of  this  section  shall  have  no  ajiplication 
to  the  remains  of  deceased  jiei-sons  which  have  been  interred  prior  to  the 
passage  of  tiiis  article.     (M.  C,  sec.  851.) 


AKT    XXII  1  OF    CEMETERIES.  747 

Sec.  853.  Cenieterios  to  hv  in  <'liar^t'  <»f  .m'xloii. — Every 
eeineterv  .shall  be  in  cliai-^e  of  a  soxloii  ur  i»versecr,  aud  llic  name  of  such 
sexton  or  overseer  shall  be  eertitied  to  and  reeor<led  in  Ilie  office  of  health 
eoininissioner,  bv  the  person  or  persons  owniui:  or  coiil rolling  sueh  eenie- 
ten.     (M.  O..  aoV.  852.) 

See.  S54.  lUulics  to  lit'  hiiried  —  liow  dt-ei). — No  body  of  any 
deceased  person  shall  be  buried  iu  any  cemetery  within  the  limits  of  the 
city  at  a  less  depth  than  six  feet  below  the  surface  of  the  ground,  jirovided, 
that  the  provisions  of  this  section  shall  not  be  a])plied  to  cases  where  burial 
vaults  or  tombs  have  been  or  may  be  erected  for  the  refcplion  of  deceased 
persons.      I  .M.  ('..  sec.  8.";^.) 

Sec.  S55.  Ifrnun  iiij;-  bodies  outside  <"i(y  limits  —  i>iiiiish- 
iii«'iit. — ICvery  person  who  shall  convey,  or  remove,  or  assist  in  conveying 
or  removing  the  body  of  any  deceased  person  (  whether  such  jterson  shall 
have  died  in  the  city,  or  shall  have  been  brought  to  the  city  after  (ieathi, 
oulside  of  the  limits  of  the  city,  without  first  having  obtained  fi-oiii  the  office 
(tf  the  health  commissioner  iiermission  so  to  do,  shall  upon  conviction,  be 
fined  not  less  than  two  hundred  and  fifty  nor  more  than  live  hundre<l  dol- 
lars, to  be  recovered  for  the  use  of  the  city,  as  in  other  cases  of  misde- 
meanor, before  any  court  or  officer  having  competent  jurisdiction;  provid- 
eil.  that  the  provisions  of  this  section  shall  have  no  aiiplication  where  bodies 
in  course  of  transj)ortation  pass  througli  St.  Louis  on  their  way  from  one 
point  to  another,     i  M.  ('..  sec.  834.) 

Sec.  s,5().  Penalty  for  injiiriiij;  eenieteries,  ote. —  Every  per- 
.son  who  shall  wilfully  destroy.  ili>tiL:uti'  ur  injuri-  any  wall,  fence,  ledge, 
nionumeiit,  toiniistone,  tree  or  shrulihery  around  or  within  any  cemetery, 
graveyard  or  burial  ground,  (or  shall  u.se  such  a  cemetery,  graveyard  or 
burial  ground  for  any  other  purjiose  than  a  burying  ground),  shall  be 
de<Mued  guilty  of  a  misdemeanor  an<l  upon  conviction  shall  be  fined  not 
less  than  twenty-tiv(»  nor  more  than  five  hundred  dollars,  to  be  recovered 
for  the  use  of  the  city  before  any  court  or  ofticer  having  comiu'tent  juris- 
diction.    I  M.  < '..  sec.  S.".">.) 

Sec.    857.     I>iii'ials— permit    r«u'    not     (o    l»e    issni'd    when. — 

The  health  commissioner  shall  not  issue  a  permit  to  bury  the  body  of  a 
person  that  died  elsewhere,  and  has  been  brought  within  the  city  limits, 
except  upon  the  certificate  of  a  piiysician  given  at  the  jdace  of  deatli,  and 
if  no  such  certificate  accompany  the  body,  it  shall  be  the  duty  of  the  coi-oner 
of  the  city  to  pass  (ui  the  case  and  make  out  and  furnish  the  necessary  cer- 
tificates.    (  M.  C,  sec.  856.) 

Sec.  SoS.  Hnrial  eertifieates  to  aeeompany  bodies. — It  sliall 
not  be  lawful  for  aii\  perscui  to  larry  the  liody  of  any  deceased  person  to 
any  of  the  cemeteries  or  burying  grounds  within  the  limits  of  the  city,  or 
for  any  sexton  or  other  person  in  charge  of  said  cemetery  or  burying 
ground  to  receive  tlie  bt)dy  of  any  deceased  jier.son,  unless  accompanied  by 
a  burial  certificate.  proi)erly  signed  and  certined  to  by  the  health  coiiimis- 
.sioner  or  his  clerk.      iM.  ('..  sec.  857. » 

Sec.  S.IO.      INiialt.N     in    <a^e-.    not     |ir(»\  itl(<l    foi- Kviiy    person 

who  shall  violate  an.\  nf  the  |irovisiiins  of  this  article  for  which  no  penalty 
has  bei-n  provided  shall  upon  conviction  be  fined  not  less  than  ten  nor  more 
than  five  hundred  (hdlars.  to  be  recovered  for  the  u.se  of  the  city,  l)cfore  any 
court  or  ofticer  having  I'omjielent  jurisdiction.     (  M.  C.  sec.  858.) 


748  RKVISKD    CODE    OR   GENERAL   ORDINANCES.  [CHAP.    11. 

Sec.  8t)0.  Article— how  foiistriieil. — Xotliinj;  iu  this  ai-ticle  slukJl 
be  so  construed,  or  unilcrstood  as  altering  aiiv  of  the  provisious  of  This 
chapter.     (M.  C..  sec.  S.">!t. ) 

Sec.  S(il.  liiteriiieiit — when  ortleretl  to  be  made. — When- 
ever the  interment  of  the  body  of  any  deceased  person  iu  tlie  limits  of  the 
citv  lias  in  the  opinion  of  the  health  coinniissioner  l)een  unnecessarily  de- 
layed, or  where  for  sanitary  reasons  tlie  inteinient  of  the  hody  as  aforesaid 
blunild  take  place  forthwith,  or  wheie  in  the  opinion  of  the  said  health  com- 
nii.-^sioiier  such  delay  may  lie  iiijnrions  to  the  pulilic  health,  or  endanger  the 
lives  of  the  citizens  of  this  city,  it  shall  he  his  duty  to  issue  an  order  direct- 
ing that  said  body  shall  be  interred  forthwith.  Said  order  shall  be  directed 
to  the  relatives,  friends,  person  or  persons  having  iu  charge  the  body  of  such 
deceased  jierson.  If  the  relatives,  friends,  jierson  or  jiersons  as  aforesaid, 
fail  oi-  iefus{>  to  obey  said  order,  then  and  in  that  case  the  health  commis- 
sioner shall  have  the  jiower  to  removi"  such  body,  and  it  shall  be  his  duty 
to  cause  the  body  to  be  immediately  interred  in  the  public  cemetery,  ( M. 
('.,  .sec.  8iii).  I 

Sec.  8G2.  Penalty  for  violating:  preeediiij?  section. — Any  jier- 
son or  Jiersons  failing  or  refusing  to  dbey  the  order  of  the  health  commis- 
sioner in  such  cases,  oi'  interfering  with  or  resisting  any  of  his  officers  or 
emjiloyes  while  engaged  in  the  discharge  of  his  orders  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall  uimn  conviction  thereof  be  fined  in  a  sum  not 
less  than  twenty-live  nor  more  than  five  hundred  dollars,  to  be  recovered 
foi'  the  use  of  the  city  before  any  coui-t  or  officer  having  comjietent  juris- 
diction.    i.M.  (\,  sec.  801.) 

Sec.  H68.  Delayed  interment — duties  of  police. — It  is  bcivliy 
made  the  duty  fif  the  jiolice  dejiartment  of  the  city,  whenever  they  become 
apjirised  or  have  information  that  the  interment  of  the  body  of  any  deceased 
person  has  been  delayed  beyond  a  reasonable  length  of  time  to  notify  the 
health  commissioner  of  such  fact,  and  it  shall  also  be  the  duty  of  the  jiolice 
to  aid  and  assist  him  or  any  of  liis  ofticers  and  emiiloyes,  while  engaged  in 
the  discharge  of  their  duty  as  jirescribed  in  section  eight  hundred  and  sixty- 
one.  It  shall  also  be  the  duty  of  tlie  jiolice  to  arrest  and  prosecute  any  jier- 
son  or  Jiersons  who  shall  bury,  or  cause  to  be  buried,  the  body  of  any  de- 
ceased Jierson  in  any  jilace  in  the  city  not  a  burying  ground,  as  jirescribed 
in  .section  847,  unless  a  jierinit  so  to  do  shall  have  been  issued  and  signed 
by  the  health  commissioner.     i.M.  ('.,  sec.  Stili.) 

AKTKLi:  XXIII. 

OK  CREMATORIES.' 

♦OriUnam-e  No.  1.311S.T,  .-ipprovcd  April  7.  1.SS7.  authorized  the  Missouri  Crem- 
atory Association  to  erect,  maintain  and  operate  a  building  for  the  purpo.se  of 
cremating  dead  human    bodies  and  repealed  ordinance  No.    13.^74. 

Sec.    804.     Crematories    establislied    by   or«linance   only. — It 

shall  be  unlawful  for  any  jierson  or  jiersons.  firms  or  corjiorations  to  erect 
or  maintain  au\  building  in  the  City  of  St.  Louis  for  the  jiurjiose  of  cre- 
mating or  destiii\iiig  li\-  fire  .my  human  body,  unless  iiermission  so  to  do 
has  been  first  obtained  fi'om  the  municijial  assembly,  by  jirojier  oplinance. 
nor  shall  any  existing  house,  shed  or  structure  be  used,  altered,  changed, 
renioved  or  rejiaired  so  as  to  establish,  conduct  or  carry  on  a   (>rematory 


A1:T.    XXlIl.j  OI"   CKICMATOKIES.  749 

wilhiuil  similar  :iul  lii>ril,\ .  .\ii\  |irrsiiii  oi-  |icrsiins,  linns  or  ciiriMUMl  inn 
violaliii^'  iiiiv  of  llic  pi-dvisioiis  of  this  sect  ion  shall  lie  tlcfiiicil  j;iiillv  iif  :l 
inisih'iiifaiitir.  ami  ii|i(>ii  coiiv  irl  inn  iht'lcnr  shall  lie  lined  mil  less  lliaii  one 
hini(lrc<l  dollars  nor  inoiv  than  live  hiindriMl  dollai's  I'oi-  such  olVcnsc,  and 
t'viT.v  day  on  which  a  violation  ol'  tho  provisions  of  this  sciiion  exists,  as  to 
anv  pi-eniisi'.s,  shall  constiltiie  a  separate  and  disliiut  nlleiise.     (  M.  ("..  sec. 

si;:?.  I 

See.  81)3.  Crcmalion  — r«'y;ul:i(i<>iis  of. — W'hemvei-  the  fiieiids  or 
ri'lative.s  of  any  person  who  shall  lia\e  died  in  this  city  shall  desire  to  have 
the  luuiy  of  such  person  cremated  by  any  association  duly  orjtanized  l»y 
law  for  the  purpose  of  creniatiiif;  dead  hnman  hodies,  they  shall  lirsl  tile  in 
the  id'lice  of  the  health  commissioner  certiticales  niaile  out  in  diiplicale  and 
»i;.'iied  liy  the  physician  who  atleiidecl  the  person  in  his  or  her  last  illness, 
and  in  case  there  has  lie<'ii  no  attending'  jihysician.  such  certilicate  niiisl  Ite 
sijj;ned  liy  the  coroner  of  the  city.  Said  certilicate  shall  state  the  name.  aj;e, 
se.\.  c(d(tr.  place  of  liirth  (when  known  i.  the  I'.xact  kicality  and  dale  of  death, 
loj;etlier  wilh  the  name  of  the  disea.se  or  cause  of  death  from  which  sucli 
person  die<l.  Accom|ianyiiif;  said  certificate  shall  he  a  i-e(|uest  in  wrilinf;. 
si^rned  liy  the  friends  or  relatives,  slating  that  they  desire  to  lia\c  the  body 
of  the  pei'son  named  in  the  cerliticate  cremated,  \\hen  such  <-ertilicale  and 
rei|UesI  have  lieeii  |proi)erl\  sij^ned  and  delivered  to  the  health  coiiimissioiier, 
lie  shall  issue  a  permit  setlinji  forth  the  fads  and  j;i\ini:  permissinn  for  ihe 
cremation  of  such  hoiiy.     ^.M.  C,  sec.  Stil.j 

s, .-.  8ti(!.     l$«Mly  l>r<»us:lit  to  city  for  croniatioii— rcrtiflrato  re- 

t|llir('(i.  —  \\hene\er  any  Imtlx  ol  aii\  person  who  shall  ha\e  died  elsew  hen", 
shall  lie  hronnht  into  this  cit.\  for  the  plir|iose  of  Iumih;  cremaled.  the  jiarlies 
shall  lile  with  the  health  commissioner  the  cerliticate  of  the  lej:ally  consli- 
tuteil  authoi-jties.  aiilhori/.ed  to  issue  such  permit,  of  the  |ila(e  lidui  whence 
the  ImmIv  has  come.  statin«i  the  cause  or  disea.se  of  which  ilie  person  lias  died, 
and  that  the  liody  is  heinj;  taki'ii  lo  the  city  for  the  ]iinpose  of  cirmaliou. 
(  .M.  ("..  sec.  Sti.'i. ) 

s,c.  8ti7.  liod.v  not  to  Im'  r<M'«'i\<Ml  af  cfciiiafor^  A^iHioiit 
pci'lllit.  —  No  person  in  charge  of  or  haxin;,'  cliai'};e  of  aii\  creiiialoiv  ,  shall 
receive  at  said  ci-einatoi\v.  or  allow  to  lie  <'remaled  at  said  crematory,  the 
hody  of  any  person  unless  accoin]iauied  by  a  permit  si>;iu'd  iu  wriiini;  by  the 
health  coininissioner  or  his  deputy,  and  eertilied  to  by  the  clerk  ol  the  hoard 
of  health  and  commissionei-.  fiiviiif;  permission  to  cremate  such  liod.\.  which 
permit  shall  set  forth  the  name.  ap-.  color.  se.\  and  the  nnmlier  of  the  ilealh 
cerliticate.  relating  lo  such  person  on  tile  in  his  office.  .\ny  pei-son  in  charjie 
of  or  havin;;  control  of  any  cremalory,  who  shall  receive  or  cremate  any  body, 
without  the  |iermissioii  herewith  described  shall  be  deemed  f;uilty  of  misde- 
meanor, and  upon  conviction  thereof  shall  be  fined  luit  less  Ihau  live  Liiu- 
dred  dollars.     (M.  ('..  sec.  StUi.) 

See.  S6fi.  MiMlfli  coiii  in  i--^i<iiM'|- — powrrs  of. — The  health  eoni- 
missioner  shall  ha\e  I  he  power  lo  delay  ihe  issue  of  a  permit  for  thirty  six 
hours,  or  he  may  refu.se  to  ;.'rant  any  permil  for  the  cremation  of  any  body, 
if  he  is  not  perfectly  satislied  that  such  body  should  be  i-remaled.  ami  in 
all  such  cases  of  refusal  he  shall  refer  the  luattei'  to  the  board  of  hi-alth  for 
its  action,  and  he  shall  be  {;;overned  by  such  action  as  sairl  board  shall  per- 
omiu«Mid  in  the  premises.  The  health  coiuinissioner  shall  also  have  the 
riiiht  in  all  cases,  if  he  so  desires  to  consult  the  coroner  of  the  city.  In'fore 
granting;  the  permission  to  have  au\   body  cremated.     (  M.  ("..  sec.  SCT.t 


750  REVISED    CODE    OR   GENERAL  ORDINANCES.  [CHAP.    11. 

ARTICLE  XXiy. 

OF  BRINGING  INSANE  PERSONS  AND  PAUPERS  INTO  CITY. 

Sec.    869.     Penalty     for    briujfiiij;-    paupers    and    insane    to 

city.  —  The  president,  directoi-s,  or  owners  of  auy  railroad,  aud  the  con- 
ductor in  charge  of  any  railroad  car,  or  train  or  railroad  cars,  or  the  master 
or  person  in  charge  of  any  steamboat  or  other  vessel,  or  the  owner  or  driver 
of  any  wagon  or  vehicle,  who  shall  bring  into  the  city  a  person  or  persons 
who  are  insane  or  paupers,  who  are  likely  to  become  a  charge  to  the  city, 
shall  be  deemed  guilty  of  a  misdemeanor  and  on  conviction  thereof,  be  fined 
not  less  than  twenty-five  nor  more  than  three  hundred  dollars  for  each  of- 
fense, in  addition  to  which  })eiialty  the  person  so  offending  shall  be  required 
to  enter  into  bonds  before  the  jiolice  justice  of  not  less  than  five  hundred 
dollars  nor  more  than  one  thousand  dollars,  to  defray  the  expenses  of  the 
insane  or  paupers  thus  brought,  so  long  as  thev  remain  in  the  citv.  (M.  C, 
sec.  868.) 

Disposition  of  non-resident  insane:  see  R.  C,  sec.  762.  See  as  to  exclusion 
of  insane  non-residents  from  insane  asylum  R.  C,  sec.  753;  and  as  to  non-resident 
paupers  from  poorhouse.  R.  C,  sec.   773. 

Sec.  870.  Duties  of  niarslial  and  police.— It  shall  be  the  duty 
of  the  marshal  or  policemen,  whenever  complaint  is  made  before  the  police 
justice  of  a  violation  of  any  of  the  provisions  of  this  article,  to  arrest  the 
offender  forthwith  and  bring  such  offender  without  delay  before  the  police 
justice  for  trial.     (M.  C,  sec.  S()9. ) 

Sec.  871.  Duties  of  police  commissioners. — It  shall  be  the  duty 
of  the  board  of  police  commissioners  to  instruct  the  police  to  report  to  the 
chief  of  police  any  violation  of  this  article.     (,j\I.  C,  sec.  870.) 

ARTICLE  XXV. 

OF    SAL.\RIES    OF    OFFICERS    AND     EMPLOYES. 

Sec.  872.  Salaries. — The  several  officers  and  employes  of  the  health 
department,  hereinafter  named,  shall  receive  the  following  amounts  as 
compensation  per  month  for  their  services,  to-wit:  Chief  engineers,  seveuty- 
tive  dollars;  assistant  engineers,  fifty  dollars;  firemen,  thirty-five  dollars; 
carpenters,  forty-five  dollars;  whiteners  and  plasterers,  forty-five  dollars; 
chief  cooks,  sixty  dollars;  assistant  cooks,  thirty  dollars;  chief  clerks  in 
poor  house,  city  hospital,  female  hosjiital  and  insane  asylum,  sixty  dollars; 
storekeepers,  thirty-five  dollars;  outside  night  watchmen,  forty  dollars; 
steward  city  hospital,  sixty  dollars;  matron  jioor  house,  forty  dollars;  chief 
laundresses,  thirty  dollai's;  assistant  laundresses,  twenty  dollars;  male 
nurses  (day),  thirty  dollars;  male  nurses  (night),  thirty-five  dollars;  fe- 
male nurses  (day),  twenty-five  dollars;  female  nurses  (night),  thirty  dol- 
lars; assistant  female  nurses,  twenty  dollars:  supervisors,  male  insane  de- 
partments, thirty-five  dollars;  supervisors,  female  insane  depai-tments,  thir- 
ty dollars;  li(>ad  attendants,  one  in  each  hall,  male  insane,  thirty  dollars; 
head  attendants,  one  in  each  hall,  female  insane,  twenty-eight  dollars;  at- 
Iciidaiits,  male  insane,  twenty-eight  dollars;  attendants,  female  insane, 
twenty-five  dollars;  night  watchmen,  male  insane,  thirty-five  dollars;  night 
watchmen,  female  insane,  thirty  dollars;  assistant  ph\sicians  at  insaiw 
asyhim  and  poor  house,  fifty  dollars;  druggist  at  city  hospital,  .seventy-five 
dollars ;  druggists  at  other  institutions,  fifty  dollars;  head  baker, 
pool'     Ikiusc.     tiriy-five     dollars;     assistanr     liakcrs.     poor     house,      foi-ty- 


ART.  XXV.l         OF  SALARIES  OF  HKALTH  DEPARTMENT  OKFiriALS.  751 

li\o  iltdlars;  lirad  (laii\ man.  \hhm-  liousc,  tillv  tlollai's;  lirsl  class 
male  help,  thirtv-five  dollars;  swoiid-tlass  male  help,  thirty  dollars;  third- 
class  iiiaU-  lu'li».  twoiity-tive  dollars:  fourthclass  male  lu>l]>.  twenty  dollars; 
tirst  t'lass  female  help,  twenty  dollars;  second-class  female  help,  lifteen  dol- 
lars; third  class  female  liel]i.  ten  didlars;  seamstresses.  t\\  enly-live  dollars; 
messenger  hoys,  ten  dollars;  steward  smallpox  lios|)ilal.  who  shall  also  per- 
form the  duties  of  clerk,  one  hundred  dollars;  nurses,  smallpox  hospital. 
forty  dollars;  ciiief  physician  at  city  dispensary,  one  hundred  lifly  dollars; 
seven  assistant  physicians  at  city  dispensary,  one  hundred  dollars;  ambu- 
lance drivers,  sixty  dollars;  sanitary  officers,  seventy-live  dollars;  inspect 
ors.  sixty  dollars;  assistant  clerk  and  hookkeeper  in  heallh  commissioner's 
office,  one  hundred  (hdlars;  chief  sanitary  clerk,  one  hundred  dollars;  ]phy- 
sicians  at  smallpox  hospital,  one  hundred  dollars;  one  assistant  physician 
at  city  hospital,  tifty  dollars;  two  assistant  iihysicians  at  city  hospital, 
twenty-tive  dollars;  two  senior  assistant  jihysicians  at  feiiuile  hospital,  lifly 
dollars;  one  chief  vaccine  physician,  one  hundred  dollars;  vaccine  physi- 
cians, seventy-tive  diillars;  mortuary  record  clerk,  one  hundred  dollars; 
fumi^alors  of  luiildini^s  where  there  have  been  conr;if;ious  diseases,  seventy- 
tive  dollars:  female  attendant  at  dispensary  who  shall  act  as  janitress. 
thirty  live  dollars;  messenjrer  in  health  oftice.  twenty-live  dollars.  (Ord. 
•2-2i:i\K  amend.  M.  <  •..  sec.  ,S71   and  or. I.  L'(I073.) 

As  to  sulurifS  of  superintendent  of  truinin^  scliool  nurses  see  R.  C.  sec.  715: 
salary  of  superintendent  of  city  tiospltal.  insane  asylum,  female  liospital  and 
quarantine,  see  sees.  719  and  725;  of  first  assistants  at  city  liospital.  see  sec.  721; 
otlier  assistants  to  the  superintendents  at  liospital  and  insane  asylum,  see  sec. 
728:  of  assistant  superintendent  at  insane  asylum,  sec.  732:  of  assistant  super- 
intendent at  female  liospital.  sec.  7  11:  supervisor  of  nurses  and  matron  at  fe- 
male hospital,  see  sec.  74G:  of  superintendent  of  poor  house,  sec.  7S1. 

Sec.   8?:i.     Board    ami   ^vashin<; — to   whom   alloivod. — All   the 

officers  and  employes  meiilioiied.  whose  services  are  reipiired  :it  the  city 
hospital,  female  hospiial.  insane  asylum,  jioor  house  and  smallpox  hospital 
shall  receive  in  addition  to  the  salaries  mentioned  in  this  article  ho;ird  and 
washinj;  at  the  institution  at  which  they  are  emjdoyed.  but  none  of  the 
ofticers  or  employes  of  the  health  commissioner,  sanitary  office  or  city  dis- 
pensary shall  receive  board  or  washing  at  any  of  the  cily  institutions.  ( .M. 
C.  sec".  Sl-2.\ 

See.  87-1.  i'ciiipoiar.N  «'iui)l<)>  iiii'iit  ol  nu'clianics. — Whcinver  at 
tlie  city  liospital.  female  hospital,  insane  a.syluin,  jioor  house  and  smallpox 
hospital,  the  buildings  and  machinery  are  in  need  of  any  slij^ht  repairs, 
the  he.-tlth  commissioner  may  temporarily  employ  such  mecliiinics  as  may 
Ik'  necessary;  but  no  alterations  or  chanjics  shall  be  made  in  the  construc- 
tion of  any  of  the  buildinjis,  unless  ap|>rov(>d  b\-  the  commissioner  of  jiiiblic 
bnildini;s.  The  waj;es  paid  to  the  me<'hanii's  thus  temporarily  eniplo.\ed, 
shall  not  be  more  than  is  usually  paid  to  that  class  of  workmen.  (M.  C, 
sec.  873.) 

S.c.  ST.").  Toini)orar\  salaries — wJioii  pr<»vi(l<Ml. — Wluiu'ver  it 
shall  become  necessary  to  establish  ipiarantine  oi-  to  csialilish  temjiorarv 
ho9[>itals  or  dispen-saries,  or  to  eni|)loy  watercriift  in  the  removal  of  sick, 
or  to  place  medical  insj)ectors  on  any  railroads  or  any  of  the  police  dis- 
tricts of  the  city,  the  i>ay  of  all  such  jicrsons  employed  in  such  hos]>itals, 
dispensaries,  or  otherwise  (u*  any  jierson  not  ]irovided  for  in  this  article, 
shall  lie  fix(>d  by  the  health  commissioner,  by  and  with  the  :ip|iroval  of  the 
hoanl  of  health:  jiroviilcd.  however,  that  such  salaries  shall  be  in  for<-e 
temporarilv  and  until  the  municipal  a.s8emblv  shall  fix  them  utkcrwitse. 
(M.  C.  Sfc".  874.) 


REVISED  CODE  OR  GENERAL  OUDIX.\NCES.  [CHAP.    12. 

CHAPTER  12. 


OF   HIGHWAYS.* 


ART.  I.  Of  street  opening.'!. 

II.  Of  construction  and   repairs  and  preventing  oljstructions. 

II  r.  Of  .sprinklingr. 

IV.  Of  numbering:  of  liouses. 

V.  Of  stationar>'   awnings. 

\'I.  Of  electric  -n-ires,  tubes  and   cables. 

\'II.  Of  supervisor   of   cit.v    lighting   and    regulations   pertaining    to 
trical  apparatus. 

VII 1.  Of  city  UglitlnR  and  municipal  lighting  plants. 

IX.  Of   telegraph  and  telephone  poles. 

X.  Of  garbage  disposal. 

XI.  < 'f  offenses  connected   with    highways. 

XII.  Of  city  forester. 


AHTK'Li:  1. 

OF    STREET    OPENINGS. ••  I 

St «.  876.     Article  not  retroactive  as  to  si>ecial  benefits. — The 

repeal  of  sections  eight  liiiodred  anil  seventy-five,  eiolit  liuniired  seveuty-six, 
eiyht  hundred  seventy-seven,  eiglit  hundred  seventy -eight  and  eight  hundred 
and  seventy  nine,  ot  tlie  Muiiicijial  ("o(h'  of  St.  Louis  and  tlic  suhstitutiou 
of  the  following  five  sections  o(  tiiis  article  therefor,  shall  not  affect  special 
henctils  made  and  confirmed  iiy  the  circuit  court  before  said  five  sections 
go  into  ettect.     (Urd.  2181(t,  sec.  1.) 

Ord.  21810.  approved  March  8,  1905,  became  effective  ten  days  thereafter. 
Tiiese  sections  were  probably  repealed  in  consecjuence  of  the  ruling  in  Eyssell 
vs.  St.  Louis,  16S  Mo.  607,  which,  however,  was  overruled  in  St.  Louis  vs. 
Brinckwirth.  decided  May  2l»,  1907  (not  at  this  writing  reported).  In  connection 
witli  the  following  sections  should  be  read  the  Charter  provisions  Art.  VI.,  sees. 
1  (-/  seQ.,  and   the  notes  appended  thereto. 

Sec.  877.  Wlien  streets  to  be  establislie<l,  altered,  widenetl, 
etc.,  or  seAver  route  fixed,  plat  furnished  cit.v  counselor,  etc. — 

Whencvei'  tlie  Municipal  Assembly  shall  ])iovide  by  ordinance  for  estab- 
lishing, ojieiiiiig.  widening  or  altering  any  boulevard,  street,  avenue,  alley, 
wli/irf.  market  place  or  public  square,  or  route  for  a  sewer  or  water  jiiiie.  or 
for  changing  an  existing  street  into  a  boulevard,  or  to  cundemn  jirivale 
l)r()])ert.v  for  other  or  difiereiit  public  uses  than  those  already  specitied  in 
this  section,  and  it  is  necessary  to  take  private  proj)erty  for  the  same,  the 
street  commissionci-  shall  furnish  the  city  counselor  with  all  necessary 
jilats  showing  the  |)i()perty  affected  by  the  proposed  imju-ovenient.  and  the 
metes  and  bdiimls  and  the  names  of  the  owners  thereof,  i //;..  sec.  1  in  lieu 
of  .M.  <"..  sec.  ST."..  I 

Sec.  878.  Duties  of  eoniinissi«»ners  in  street  and  sewer  con- 
demnation i>rocee«linys — notice  of  district  affected  —  notice 
of  hearing  —  lu'ariny  —  exceptions — It  shall  be  the  duty  of  the 
commissioiHMs   ajipointed    by    the   circuit   court    in   any    comleiiinal  ion    pro- 

*See  Charter  Art.  VI.  Of  street  commissioner,  see  R.  C,  Chap  24.  Art.  III., 
sec.  1945  et  secj. 

••Charter  Art.  VI..  sections  1  to  12.  street  openings  and  condemnation  proceed- 
ings, and  see  annotations  to  Charter  to  corresponding  sections. 


AKT     I  ]  OF  STREKT  OPENINGS.  753 

fceilin^  uiiilfi-  ilic  cliailci-  ol  llic  t'ii\  ol  Si.  I.niiis  in  ;isicil;im.  csialilisli 
and  ili'tiiii'  llic  dislricl  of  in'oiicrty  lifiit'tilcil  liv  IIr-  |)r()|ii>sc(l  iiiipi-ovt'iiiciit. 
Ht'l'ore  the  oimiiiissi()iit'i>  siliall  asisoss  (laiiia^cs  and  iK'nclils.  tlu'  city  foiin 
Ht'ktr  sliall  {;ivi'  tivi>  davs"  noticv  in  tiio  paiiors  doinj;  the  c-ity  inintinj:  ol'  tlic 
(■stalili.slinicnt  of  said  disti-ict  and  Ilic  lK)nndarii'.s  tiii'iv(d'.  and  of  tlu'  tiiin' 
and  placf  wlu-n  and  wlicfc  ihc  rniiinii.s.sioncrs  siiall  procccii  to  assess  said 
dama^'cH  and  lienetits.  and  invilinj;  all  jiersoiis  iiileicsied  to  l)e  (ire.seiil  ;  and 
at  said  liearinj;  all  i)ersons  o\\  iiiii';  or  inlen-sted  in  llie  ]iro|(erIy  in  said  dis 
triet  shall  ha\i'  llie  ri;;hl  to  be  heard,  and  may  excejit  to  the  re|(ort  of  the 
eoniiuissioners  before  the  circuit  court  when  il  is  tiled.  (lb.,  iu  lieu  of  M. 
C.  sec.  87(!.) 

See  St.  Louis  vs.  Ranken.  96  Mo.  497.  505-506;  Michael  vs.  St.  Louis.  112  Mo.  610; 
St.  Louis  vs.  Brlnckwirtli  (Sup.  Ct..  May  29.  1907.  not  at  this  wrltlnpr  riMiortcd) ; 
Marshall.  J..  In  Eyssell  vs.  St.  Louis.  168  Mo.  loc.  dt.  616  (overruled  In  the  last 
nannii  lase  hut  not  on  this  point),  as  to  sufliclency  of  notice  to  one  lieneflted 
by   the  street  opening. 

See  In  general  Charter  Art.  VI..  sec.  1  d  irq.  and  tlie  autlioritios  citid  in 
notes    thenti' 

Spc.  879.  Duties  of  coiiiptrollcr — vouchers — roreiptH — pay- 
nu'iit  «>f  .iu(ly:iiu'iit. — After  final  action  is  taken  by  said  circuit  court  on 
tlie  repnrl  of  ilic  cnimiiissioners  in  any  coiuiemnal  ion  jiroceedin<;s  unih'r  the 
CtiartiT  of  the  I'iiy  of  St.  I.onjs.  and  a  certitie(l  copN  of  said  report  wiili 
such  final  a<lioli  I  hereon  has  been  duly  recei\cd  and  recorded  by  the  t-oinp- 
troller  in  his  oftice  ami  the  assembly  has  made  an  appropriation  for  the  jiay- 
nient.  out  of  the  cii\  treasury,  of  liie  damajies  so  ascertained  by  said  court, 
it  shall  be  the  duty  of  Ihe  coin|itroller  to  make  out  vouchers  for  said  dam 
ajies  in  accordance  with  the  tinal  action  of  said  court,  and  deliver  the  same 
to  the  auditor.  The  comptroller  shall  also  issue  to  applicants  wishinj;  to 
jiay  any  such  judj;ment  a  stateiueiit  showiiif;  the  amount  due,  and  the  treas- 
urer upon  receijit  of  payment  of  any  such  judfiineiit,  shall  execule  ipiad 
ruplicate  recei|)ls  issued  by  the  complroller,  one  to  liie  jiarty  payin;,',  one 
to  ihe  aiiditoi-,  one  lo  ihe  comiitroller  and  one  to  the  city  coniisclor.  and  such 
paymenis  shall  be  credited  to  the  fund  aiijiroiiriated  by  ordinance  for  said 
condemnation  proi- \\\v^.     \\\>..  compaie  M.  (',,  sec.  877.) 

The  section  is  not  tlu-  same  as  It  was  in  the  Mun.  Code;  see  as  to  the  same  as  it 
tlu-n  stood:  Brlnckwirtli  vs.  St.  Louis  (Sup.  Ct..  May  29.  1907,  not  yet  at  this 
writing    reportirli 

Sen.  ."^SO.  Paynu'iil  of  l»t'iu'fi(s_\vlH>n  iiitcrcsl  lM'j;ins  to 
arcriM' — Jiiiioiiiil  of  inlcrrst  — «'XtM'iit ion  — l»id  at  cxmitioii  sale 
tt)  protect  <'it.>.  Tiic  benetits  a<;aiiisi  properly  as  adjudged  b.\  liie  tinal 
action  of  «aid  circuit  lourt  in  such  condemnation  proceediiifj  sliall  be  i)aid 
into  the  city  treasury:  such  benetits.  if  ]iai(l  within  si.xty  days  aftei-  the  or 
dinance  appropriating;  the  money  to  pay  tlii'  damajjes  as.sessed  by  said  tin.il 
action  shall  take  elTecl  may  be  paid  without  interest,  Iml  if  not  jiaid  within 
sixty  days,  interest  al  the  rate  of  six  per  <cnt  per  aiiniim  from  llie  laUiiii; 
ctTect  of  sucli  lU'diiiance  shall  be  adde<l  to  Ihe  aniount  of  such  jiidj:meiii.  If 
the  benetits  as.sessed  are  not  paid  or  satisfied  as  |irovided  by  Charier  or 
ordinance,  they  shall  be  collected  by  either  execution  or  suit  upon  such  tiiial 
judfiment  contirniinfr  the  same.  At  all  execution  sali^s  for  the  enforcement 
i>f  payment  of  such  jiidu'inenls  ihe  city  counselor  is  autli<U'i/ed.  on  behalf 
and  in  the  name  of  the  City  of  Si.  Liuiis.  to  protect  the  city's  interests  b\ 
biddinj;  for  Ihe  propi-rly  lo  be  sold  in  au  aiuount  eipial  to  the  jiid-imenl, 
interest,  costs  and  expenses.     i/?>.) 

It  was  held  In  Kyssill  vs.  St.  Louis.  16S  Mo.  607.  that  the  condemnation  pro- 
ceedings operat>'d  as  a  Hnal  Judgment  for  heneftts  which  could  he  thereafter 
collected  without  the  necessity  of  a  special  tax  bill,  on  execution:  this  case  la 
overruled  after  full  diacusslon  In  Brinckwlrth  vs.  St.  Ix>uls  (decided  May  29,  1907, 


754  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.   12. 

but  not  at  this  writing  reported),  and  it  is  now  held  that  no  recovery  can  be  had 
except  by  suit  on  the  special  tax  bill;  the  condemnation  judgment  is  not  broad 
enough   to  include  recovery   by  execution   thereon   for  the  benefits  found. 

Sec.  881.     Satisfaetloii  of  jiidjyineiit  ajj^aiiist  property  affected 

— when  no  appropriation. — I'ljou  deliverv  of  auy  receipt  above  de- 
scribed to  the  city  counselor,  duly  executed  by  the  treasurer,  the  city  coun- 
selor shall  acknowledj^e  satisfaction  of  such  judfjiuent  in  so  far  as  the  same 
affects  the  ]>roi»erty  against  which  such  judgment  for  benefiting  so  assessed 
has  been  i)ai(l  as  evidenced  by  such  receii)t. 

When  ill  any  case  the  Municipal  Assembly  fails  to  appropriate  the 
money  necessary  for  the  payment  of  damages  assessed  for  the  condemna- 
tion of  private  ju'operty  for  public  use  within  the  time  limited  by  the  Char- 
ter, the  city  counselor  shall  release  or  acknowledge  satisfaction  of  the  judg- 
ment or  judgments  assessing  benefits  for  such  improvement,     (ib.) 

Sec.  882.  Compensation  of  eoniniissioners. — In  all  proceedings 
to  establish,  open,  widen,  or  alter  any  street,  avenue,  alley,  wharf,  market 
place,  or  public  stpiare,  or  route  for  a  sewer  or  water  }>ipe,  the  commis- 
sioners appointed  by  the  circuit  court  shall  be  entitled  to  have  and  receive 
from  the  city  treasury'  for  their  services  as  such,  the  sum  of  three  dollars 
each,  for  each  day's  services  in  the  case.     (M.  C,  sec.  880.) 

The  Charter  now  fixes  the  commissioners'  compensation  at  three  dollars  a 
day  (Art.  VI..  sec.  8),  but  before  the  amendment,  when  the  provision  was  that 
there  should  be  a  "reasonable  compensation."  this  ordinance  fixing  the  rate  at 
three  dollars,  was  held  void:      Green   vs.   St.   Louis,   106  Mo.   454. 

Sec.     883.     Clerical     work     to     be     done     by     whom.   —  The 

clerical  work  of  said  commissioners,  including  writing  the  report,  shall  be 
done  and  ])erformed  by  the  force  emjdoyed  in  the  city  counselor's  office, 
and  no  compensation  shall  be  allowed  or  paid  to  any  commissioner  for  such 
work,  or  to  any  person,  whomsoever.     (M.  C,  sec.  881.) 

See   annotations   to   the   Charter  provisions  Art.  VI. 

ARTICLE  II. 

OP   CONSTRUCTION    AND    REPAIRS    AND    PREVENTING   OBSTRUCTIONS.* 

Sec.  884.     Construction  or  reconstruction  and  maintenance 

may  be  let  in  one  contract, — Whenever  a  street  is  to  be  improved 
the  board  of  public  improvements  may  submit  to  the  municipal  assembly  a 
bill  for  letting  in  one  contract  the  work  of  constructing  or  reconstructing 
such  street  and  of  maintaining  it  in  good  condition  for  a  term  of  vears. 
(M.  C,  sec.  882.) 

See  annotations  Charter  Art.  VI.,  sees.  14  el  sea;  also  sec.  27  and  28.  Time 
within  which  work  must  be  completed:     See  note  to  Charter  Art.  VI.,  sec.  28. 

Sec.  885.     Same— advertisinj>-   necessary Wlieu  such  bill  shall 

have  become  a  law  the  board  of  public  iinjirovements  shall  advertise  for 
proposals  including  the  construction  or  reconstruction  and  maintenance 
under  the  same  regulations  as  are  provided  for  the  improvement  of  streets. 
(M.  C.  sec.  883.) 

•For  Charter  provisions  see  Chart.  Art.  VI.,  sees.  14-18.  The  notes  appended 
to  these  sections,  giving  the  judicial  interpretations  thereof  in  connection  with 
the   following  ordinances,  should   he   consulted   herewith. 


ART.   II. 1  OF  CONSTRUCTION   AND   RKPAIRS.  755 

ISec.  8S(!.  Advorti.st'im'iits  to  <-<)]itaiu  what. — yiuli  julvtitisciiuut 
shall,  ill  addition  to  what  is  jur scribed  for  otlicr  stiret  iuiiiroveiiients,  state 
the  term  diiriiij;  wliirli  tlic  stivi't  is  to  be  inaiiituincd  in  •;iio(l  (•oiiditiuii,  aud 
tiic  aiiioiml  of  l)(iii(!  wliiili  the  contraclor  will  lie  rc(|uir('(l  to  riirnisli  to  se- 
curt'  IIr'  execution  of  tlii'  cuiitiMct  for  niaiiilt'naiicc,  in  addilidii  lo  tlij'  bond 
whicli.  under  exist  inj;  re^'ulat  ions,  lias  to  be  furnislied  for  all  eoiuraets  for 
street  imiii-ovenients.     (M.  ('..  see.  8S4.I 

For   provisions   relating;   to   advertising  and   letting,   see   notes   to   Charter   VI., 
sec.  27  and  15;  also  Rev.  Code  Chap.  21.  Art.  8.  sees.  1976  rl  stQ. 

Sec.  887.  I.t'ttin;;-  «'ontrat't— usual  Icrms  apply. — The  lettinjr 
of  tlie  woi-k.  the  awarding  of  tiie  tonti'act  and  the  apjiroval  of  the  conlraet 
and  of  the  bonds  sliall  be  carried  out.  as  now  |irovi(led  for  otiier  street  im- 
provements.    (M.  C,  sec.  885.) 

See.  888.  Asct'rtaiiiiiif;  lourst  bi<l. — In  canvassing  the  proposals, 
tlie  lowest  bid  shall  be  ascertained  li\-  lakin<;  the  afigT'cgate  amount  of  the 
cost  of  construction  or  reconstiaiction.  as  tlie  case  may  be,  and  the  total 
cost  of  maintenance,  for  the  term  of  \ears  designated  b\  the  (n-diiiancc. 
(M.  ("..  sec.  88t;.) 

Sec.   889.     AXlu'M    inaintonaiicc  to   bojjiii — pa.vniont    »>l'    cost- 

of. — The  oblifiation  of  the  contractcn*  lo  maintain  the  streets  in  good  con- 
dition shall  commence  one  year  after  the  completion  and  acceptance  of  the 
work  of  construction  or  reconstruction,  aud  the  contract  price  shall  be  paid 
semi  annually  out  of  the  city  treasury,  on  the  certificate  of  the  street  com- 
missioner that  the  work  has  been  performed  in  accordance  with  the  con- 
tract and  specitications.     i^I.  ('..  sec.  887.) 

Sec.  890.  Ropairs — how  iiiadc  ami  pai«l  for. — The  contrac- 
tor shall,  whenever  iiotilied  by  the  street  commissioner  that  any  rei)airs 
are  rei|uired,  at  once  make  such  i'»']iairs  at  his  own  exi)ense.  and  if  they  are 
not  made  within  proper  time  the  street  commissioner  shall  have  power  to 
cause  sucii  repairs  to  be  made,  and  the  cost  thereof  shall  be  paid  out  of  the 
fund  provided  for  the  payment  of  contracts  for  street  maintenance,  aud  the 
amount  shall  be  deducted  from  any  irioney  then  due  under  the  contract,  or 
which  may  thereafter  become  due.     ( .M.  C.  sec.  888.) 

L'ndfr    the   n>>w    charter    repairs  of   streets,  etc.,   are   paid    for   by    the   city,    but 

construction    and    reconstruction    thereof,    and  repairs    also    of    boulevards,    alleys 

and  sidewalks,  arc   to   be   paid   for   by   special  taxation;   see   note    to   Charter  Art. 
VI..  sec.  18. 

Sec.  891.  Keconst ruction — when  ordcrod  iind  iua<le. — If  at 
any  time  during;  iIr-  term  for  which  the  contract  for  the  maintenance  of 
the  stiHH'ts  is  in  force  the  pavement  of  such  street  or  any  part  thereof  should 
deteriorate  to  such  an  extent  as  to  require,  in  the  opinion  of  the  board  of 
|inblic  improvements,  reconstruction,  the  street  commissioner  may,  with 
the  approval  of  the  board  of  |inblic  improvcMiients  and  of  the  mayor,  noiit'y 
the  contrai'tor  that  recoiistnntion  is  necessary,  and  the  contractcu"  sh;ill. 
within  three  months  after  receiving  such  notice,  reconstruct  the  whole  or 
such  part  of  the  i>avemeuf  with  the  same  kind  of  material  as  heretofore  ap- 
plied or  with  some  other  material  api)roved  by  the  board  of  public  improve- 
ments.     I  M.  <'..  .sec.  8S9,) 

.Maintenance  provision;  Chort.  VI..  sees.  H  and  \n.  The  contract  pro- 
vision "to  maintain  the  street  In  repair  for  Hve  years"  means  that  the  contract- 
or's work  Is  such  that  It  will  last  five  years  under  the  ordinary  wear  ond  tear 
Incidental  to  the  use  of  the  street  as  a  street.  It  applies  only  to  the  original 
quality  of  the  work  and  amounts  to  a  guarantee  thereof  for  the  use  Intended.  Such 


756  RKVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.    12. 

a  guarantee  is  nothing  more  than  a  stipulation  for  a  sound  pavement  at  the  out- 
set: Asplialt  Co.  vs.  St.  Louis.  18S  Mo.  o7C.  579;  Barber  Asphalt  Pav.  Co.  vs. 
UUman,  137  Mo.  543.  566;  Bank  vs.  Woesten.  147  Mo.  467,  479;  Barber  Asp.  Co. 
vs.  Hezel.  1.^5  Mo.  391;  St.  L.  Quarry  Co.  vs.  Frost.  90  Mo.  Aiip.  6S7;  Verdin  vs.  St. 
Louis.   131   Mo.   26. 

And  where  the  contract  is  between  the  contractor  and  abutting  owners,  the 
former  cannot  recover  against  the  city  for  injuries  to  tlie  pavement:  Asphalt 
Co.   vs.   St.    Louis.   ISS  Mo.    576. 

Sec.  892.  Failure  to  refonstriu't — -jUMH'etMlinjfs, — If  tlip  <(iiitr;u- 
tor  sliouhi  fail  to  rci-onstnicr  the  siict'l  wiiliiii  Ilircc  iiiuiitlis  aller  liaviiig 
been  notified,  the  hoard  of  puhlie  ini])roveineuts  may.  with  tlie  approval  of 
the  mayor,  cancel  the  contract  and  relet  the  work  of  recoustructiusj;  the 
pavement,  and  the  cost  of  such  reconstruction  shall  be  paid  by  the  city  anft 
the  aniouiil  collected  by  suit  from  the  contractor  or  his  sureties,  not  to  ex- 
ceed twelve  dollars  per  square  of  i)avenu'nt.  included  in  the  contract.  ( M. 
0..  sec.  890.) 

Sec.  893.     Rt'pair.H  resultin<»-  from  disturbance  of   pavement. 

— Whenever  any  repairs  ^>f  the  street  are  made  necessary  from  the  con- 
struction of  sewers,  the  laying  of  pipes  or  telegraph  wires,  or  from  any 
other  disturbance  of  the  pavement  by  jiarties  acting  under  jyermits  issTied 
by  the  city,  the  contractor  shall,  on  notification  fi-om  the  street  commis- 
sioner, immediately  make  all  necessary  repairs  in  conformity  with  the  spcci- 
tications  for  this  class  of  work.     (  M.  <".,  sec.  891.) 

Sec.  894.  Same — how  cost  of  ascertained. — The  cost  of  all  such 
repairs,  exclusive  of  trenching  and  back-filling,  which  shall  be  done  by  the 
parties  who  hold  the  permits  and  in  the  manner  as  now  required  by  exist- 
ing orilinances.  shall  be  jiaid  for  at  the  full  contract  price  for  a  superficial 
S(|uare  of  new  ]iaveiiient  out  of  the  fund  set  apart  for  the  payment  of  con- 
tracts for  the  maintenance  of  sti'eets.  and  the  amount  shall  be  certified  by 
the  street  commissioner  to  the  auditoi-.  who  shall  reimburse  by  transfer, 
the  aforesaid  fund  from  the  funds  of  the  projier  department  if  tiie  repairs 
were  made  necessary  by  the  construction  of  any  juiblic  ini]U'ovement ;  and 
out  of  the  funds  to  be  deposited  by  persons  obtaining  permits  for  o])ening 
streets  before  such  permits  are  granted  if  the  rejtairs  are  made  necessary 
by  ^\•ol■k  done  under  such  permits.     (  M.  ("..  sec.  892.) 

See.  89.5.  Contractor  lias  rifilit  to  make  repairs. — The  cim- 
tractor  shall  have  the  right  to  m.ike  all  re|).iirs  whrdi  become  necessary  by 
the  construction  of  any  ])ublic  inipiiiM-mcni  or  by  the  work  done  li\  jjiivate 
parties  under  permits  given  In   the  eiiw      i  .M.  ('..  sec.  89;>. ) 

But  the  contractor  cannot  sue  the  c-ity  for  its  negligent  injury  to  the  pave- 
ment:     Asphalt  Co.   vs.  St.   Louis,   ISS  Mo.   576. 

Sec.  89(>.  Contract  to  contain  above  i)rovisions. — In  ad- 
dition to  what  is  presiiiiied  for  otiiei-  street  iiiiiirmcments.  the  contract 
shiUl  embody  all  of  the  provisions  of  the  last  seven  preceding  sec1i(Mis.  I  M. 
C.  sec.  894.) 

Sec.  897.  3Iaintenance  bond  retpiire*!. — In  addition  to  the 
bond  now  WMpiired  for  street  improvements,  the  contractor  shall  give  a 
maintenance  bond,  conditioned  that  the  pi'inciiial  therein  shall  maintain 
the  street  during  the  term  and  in  strict  accordance  with  the  provisions  of 
his  contract.  The  amount  of  such  bond  shall  m.t  exceed  twelve  dollars  for 
e\ery  scpiare  of  one  hundred  supei-ticial  feel  of  the  street  embi'aced  in  the 
contract,     i  M.  ('..  see.  89.").) 


A1;T     II   I  OF  CONSTUUCTION    .\NI>   REPAIRS.  757 

Sw.   89S.     (Jas,   st'\v«'i-    aiiil    wator   «-oniHM'li«ms    to    Uv    iii;uU' 

in    iMivaiM'*' iMTiiiit — violation    mis<l«'m«'aiior.  -    In  all  tlif  sincis 

tit'  the  <'il\  ol  Si.  I.diiis.  wliirli  il  is  nnw  |ii  cp|iii.sril  lu  riMoiislrilcl  of  wiiicli 
shall,  licivaftcr,  Ih'  n'constniclcd.  all  f;as.  sewer  or  waler  eoiiiUTtioiis  willi 
|pfo|ierrv  lior.lei-iiifr  on  said  streels  siiall  lie  made  in  advanee  (if  the  ireon- 
sdiictidii  III  I  lie  streets,  and  tliereaftei-  no  (ine  shall  be  perniitted  to  remove 
iir  disinrli  the  |iaveiiient  lor  tiie  iiui-pose  of  makinfi  such  lonni'ctions,  unless 
liermissioii  lie  ciliiaiiicd  Irom  the  lioai'd  of  ]iul)lic  im]irovements.  Any  jiei-- 
son  who  shall  \iolate  the  jirovisions  of  this  seition  shall  lie  deemed  fiiiiliv 
of  a  misdemeanor,  and  uipon  (•onviili<iii  theicof.  shall  lie  tined  not  less  than 
t\\cnl\  ti\e  clullars   nor   more   than   ti\e  hiiiidred   dollars,      t  M.  ( '.,  see.  SiMJ.  | 

tSee.  8!t9.  Siili'walks — width  of. —  In  all  streets  of  tliirt.v  and  un- 
der thirty-einht  and  a  half  feet  in  width  the  sidewalks  shall  he  five  and  a 
half  fe<'t  wide;  those  of  tliirty-eij^lit  and  a  half  feet  and  under  forty  feet  in 
width  shall  have  sidewalks  six  and  a  half  feet  wide;  those  of  forty  and 
under  (iffy  feet  in  width  shall  have  sidewalks  eif:lit  feet  wide;  tho.se  of 
fifty  and  \inder  sixty  feet  in  width  shall  have  sidewalks  len  feet  wide;  those 
of  sixty  and  under  seventy-live  IVet  in  width  shall  h.ive  sidewalks  twelve 
feet  wide;  those  of  seventy-five  and  under  ei};hty  feet  in  widih  shall  have 
sidewalks  fourteen  feet  wide;  those  of  eij;hly  and  under  one  hundred  feet 
in  width  shall  have  sidewalks  fifteen  feet  wide;  those  of  one  Inindred  feet 
and  upwards  shall  have  sidewalks  twenty  feet  wide.      (.M.  ('.,  see.  S!)7.) 

S<<.-  lllU-O'Mearu  vs.  Hutiliin.son.  100  Mo.  294.  29;i-:!00;  also  Hfinan  vs.  Loevy, 
179  Mo.  I.  o.  464. 

See.  9i)(l.     Sidowalks_rross-<;ra«U'  of — violation  niis«IonioiioT. 

- — Hereafter  no  siclcwalk  shall  he  constriirted  I  he  cross  i;iade  of  wliirh,  or 
rise  from  the  curlistone  or  liuildiiif;  line,  shall  he  j;reater  than  one  half  imli 
vertical  rise  to  one  foot  hori/.ontal  distance;  anil  in  each  instance  the  curl) 
line  shall  he  maintained  at  its  correct  elevation  ahove  the  city  directrix 
which  shall  l>e  determined  from  the  construction  of  the  particular  street  in 
(|uestion.  Any  person  who  shall  himself  violate,  or  hy  another  cau.se  to  be 
violated,  this  section  of  this  article,  shall  be  jiuilty  of  a  misdemeaiioi'.  and 
upon  conviction  thereof,  shall  be  tined  not  less  than  twenty  ti\('  dollars,  nor 
more  than  live  hundred  dollars,     i  M.  ('.,  sec.  )Si(S.( 

LitiTul  compliance  with  this  ordinance  is  not  always  rctiuirod:  a  special  tax 
bill  is  not  rendered  invalid  by  a  failure  to  observe  Its  requirements  which  Is  due 
to  dirference  in  grade  of  tile  streets  and  when  the  walk  as  construrted  Is  not  less 
valuable  to  the  abutting  property  nor  less  safe  or  convenient  for  public  use; 
Steffen  vs.   Fox.  124  Mo.  630.  s.  c.   R6  Mo.  App.  9. 

Sec.  901.  IVrniission  to  construct  siilewalk, — Whenever  tiic  imi- 
uicipal  as.sj'mlily  shall  direci.  by  ordinance,  the  iniiiroveiiient  of  a  imblic 
Htreei  or  avenue,  the  board  of  ]iublic  iin|irovemeiits  siiall.  upon  the  a|i]ili- 
cation  of  the  owner  of  any  iir<i]ierty  frontinj;  or  borderinj;  such  imin'ove- 
nient.  <;rant  permission  to  such  owner  to  construct  the  sidewalk,  in  front 
of  said  jiroperty;  jirovided.  that  if  the  permit  is  for  the  construction  of  a 
sidewalk  in  front  of  a  corner  lot.  the  ]ierniit  will  l)e  given  on  condition  that 
the  sidewalk  he  laid  to  the  curb  lines  of  the  intersectin}j;  streets;  but  with- 
out such  ]ierinissioii  no  sidewalk  shall  be  constructed.     iM.  ('.,  sec.  S9!).) 

A  former  ordinance  provided  that  the  B.  I'.  I.  "may"  grant  permission,  etc. 
This  was  held  to  confer  a  discretion,  hence  mandamus  to  compel  the  same  would 
not   He:      State  ex   rel.    vs.   St.    I^uis   l.iS   Mo.   .'>0.i. 

The  ordinance  and  permit  thereunder  to  the  owner  to  construct  the  sidewalk 
"in  front  of  his  property"  being  silent  as  to  Intersections  at  the  corners,  the 
owniT  Is  required  to  pay  his  pro  rata  to  the  contractor  reconstructing  the  side- 
walks at  the  Intersections,  even  If  he.  the  owner,  had  had  the  work  ilnm-:  He- 
man   v.-i.   McManus.    102  Mo     App.   649. 


758  REVISED  CODE  OR  GENERAL  ORDINANCES.  fCHAP.    12. 

Sec.  902.  PerniiMsiou  to  construct  cros.s  walks. — The  board  of 
imhlic  iiiiprovenient.s  shall  grant  any  person  permission  to  construct  a  cross- 
walk at  his  own  expense  at  any  ])oint  upon  any  street,  avenue  or  highway, 
when  such  cross-walk  will  not  obstruct  the  public  carriageway  or  incon- 
venience the  public;  provided,  that  the  cross-walk  shall  be  constructed  of 
the  kind  of  material  and  in  the  manner  directed  by  the  board  of  public  im- 
provements.    ( M.  C,  sec.  900.) 

Sec.   903.     Granitoid   sidewalks    to    be    constructed    within 

certain  limits. — All  sidewalks  hereafter  constructed,  laid,  rebuilt  or  re- 
paiied  in  that  portion  of  the  city,  within  the  district  bounded  as  follows, 
to-wit:  ICast  by  the  east  line  of  Third  street,  north  by  the  north  line  of 
Franklin  avenue,  from  Third  street  to  Lefflngwell  avenue,  and  by  the  nortli 
line  of  Easton  avenue  from  Leftingwell  avenue  to  the  western  city  limits, 
west  by  the  western  city  limits,  and  south  by  the  south  line  of  Clark  ave- 
nue, from  Third  street  to  the  west  line  of  Twelfth  street,  by  the  south  line 
of  ^Market  street  from  the  west  line  of  Twelfth  street  to  the  west  line  of 
Jefferson  avenue,  by  the  south  line  of  Laclede  avenue,  from  the  west  line 
of  Jetterson  avenue  to  the  west  line  of  King's  Highway  boulevard  and  by 
the  north  line  of  Forest  I'ark  from  the  west  line  of  King's  Highway  boule- 
vard to  the  western  city  limits,  shall  be  constructed  of  artificial  stone  flag- 
ging or  such  other  stone  as  may  be  approved  by  the  board  of  public  im- 
provements.    iM.  ('..  sec.  901.) 

Section    (prior   to   amendment)    upheld:    Skinker    vs.    Henian.    14S   Mo.    349;    He- 
man  vs.  Franklin,  99  Mo.  App.  346. 

See.  904.     Sidewalks — repairs— regulations   for  construction 

of. — The  street  comiuissioiicr  shall,  whenever  a  sidewalk  within  the  boun- 
daries alxive  described,  is  out  of  repair,  notify  the  owner  or  owners  of  the 
adjoining  property,  or  their  agents,  tlirough  the  mail,  to  have  the  same  re- 
paired or  rebuilt;  and  if  such  ownei'  or  owners,  oi-  their  agents, 
fail  to  comply  with  said  notice,  within  ten  days  after  the  date 
of  mailing  said  notice,  then  the  street  commissioner  shall  cause 
the  work  to  be  done  under  the  annual  contract  for  artificial 
stone  flagging,  whose  principal  constituents  are  composed  of  crushed  granite 
and  Portland  cement;  jn-ovided,  however,  that  the  board  of  jiublic  improve- 
ments may  grant  permission  for  the  temporary  use  of  material  other  than 
that  herein  provided,  dtiring  the  erection  or  repair  of  buildings,  or  prior  to 
the  construction  of  the  street;  and  jirovided,  further,  that  the  street  com- 
missioner, during  seasons  when  permanent  work  cannot  be  done,  shall,  when 
he  deems  it  necessary,  notify  the  owner  or  owners  or  their  agents  to  make 
temporary  rej>airs;  and  if  such  notice  is  not  complied  with  within  five  days, 
the  street  commissioner  shall  make  such  temporary  repairs  \\ith  brick  un- 
der the  annual  contract.      (.M.  ('.,  sec.  902.1 

The  validity  (or  at  least  usefulness)  of  this  section  and  the  two  follow- 
ing ones,  seems  to  have  been  rendered  doubtful  by  reason  of  the  Charter  amend- 
ment in  1901  to  Art.  VI.,  sec.  15,  which  omitted  that  portion  relied  upon  by  the 
municipal  authorities  as  conferring  authority  under  which  these  sections  could 
formerly  be  enforced,  and  it  has  been  claimed  th.it  there  is  now  no  authority 
for  the  annual  repair  contract.  It  is  also  to  be  remembered  that  under  the  pres- 
ent Charter,  while  the  cost  of  reconstructing  all  highways  is  chargeable  to  abut- 
ting owners,  the  cost  of  repairing  streets,  avenues  and  highways  is  cbargcableto 
the  cit.v:  V>ut  repairs  of  boulevards,  and  of  alleys  and  sidewalks,  is  to  be  paid  for 
by  special  taxation  on  owners:  See  the  present  Charter.  Art.  VI.,  sec.  IS,  and  note 
thereto.  And  see  also  as  to  distinction  between  the  rules  applicable  to  streets. 
and  those  applicable  to  sidewalks  and  alleys:  Skinker  vs.  Heman.  148  Mo..  349. 
3li3,  reciting  the  provisions  of  the  then  charter,  before  the  amendment. 


AKT     II  1  OF  CONSTRUCTION  AND  REPAIRS.  759 

Sec.  905.  C'tist  of  ciiustriictuMi  sliall  1>«'  a  lien. — Thi'  cost  of 
all  work  (loiic  by  the  stivet  roiiiinist<ioner,  iiiuler  autliofity  of  the  next  pre- 
tciliiij;  section,  shall  be  charged  as  a  lieu  upon  the  property  adjoining  the 
sidewalk  repaired  or  rebuilt,  and  shall  be  paid  by  the  owner  or  owners 
thereof.     iJl.  C,  sec.  1H)3.) 

Sec  above  note. 

See.  906.  Cost.s  to  he  eompiih'il  aiul  a.>^.sesse(l  as  speeial 
tax.  —  When  said  work  is  couipletetl  the  president  of  the  l)oard  of  public 
iiiipr(»veuients  siiall  cuniiiute  the  cost  thereof,  and  levy  and  assess  the  same 
as  a  special  tax  against  (>acli  lot  of  ground  diai-geahle  therewith  in  the 
names  of  the  owners  thereof  respectively,  and  shall  make  out  and  certify 
til  the  comptrollei-.  on  behalf  of  the  contractor,  bills  of  smli  cost  and  assess- 
ments accordingly  as  required  by  law.      i  .M.  ('..  sec.  1MI4.) 

See  notes  above.  It  was  held  under  these  sections  that  It  was  for  the  city 
authorities  to  say  whether  the  sidewalks  needed  reconstructing  or  repairing  and 
Its  Judgment  was  conclusive  in  the  absence  of  bad  faith,  and  that  the  owner  can- 
not defend  against  a  tax  bill  on  the  ground  that  the  repairs  were  unnecessary: 
Heman  vs.   Franklin.  99  Mo.  App.  346;  Sklnker  vs.   Heman.  14S  Mo.   349. 

Sec.  907.  Permission  to  build  sidewalks  required. — No  con- 
tractor or  projierty  owner,  or  other  person,  shall  lay.  rebuild  or  repair,  or 
cause  to  be  laid,  i-ebuilt  or  reiiaireil,  any  sidewalk  within  the  city,  without 
lirst  having  obtained  written  permission  frtnn  the  street  commissioner  so 
In  do.     I  M.  C,  sec.  905.) 

s,  I  .   !KiS.     P«'nalty   for   eonsjrnctinfj   sidewalks  <'<)ntrary   to 

(trdinance. — Any  prrson  eonstrurtiiiu'  <ir  itjuisiui:-  to  ) oii.'^ti'uiicil,   within 

the  district  above  described,  a  sidewalk  of  material  otiier  than  that  provided 
for.  and  every  contractor,  property  owner,  or  owners,  or  their  agents,  who 
shall  fail,  neglect  or  refuse  to  observe  the  requirements  of  sections  903.  904 
and  9(t7,  or  violate  the  same,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  not  less  than  twenty  dollars  nor  more  than 
tifty  dollars  for  each  olfense.     (.M.  ('..  sec.  '.lOd.  i 

Sei.  909.  Sidewalks  repaired  by  owner  on  notiee — cost  spe- 
cial tax. — The  street  commissioner  shall,  whenever  a  side^valk  is  out  of 
repair,  notify  the  owner  or  owners,  or  their  agents,  of  the  jn'operty  adjoin- 
ing the  .same,  through  the  mail,  to  have  the  same  rei)aired  within  live  days; 
and  if  such  owner  oi'  owners,  or  their  agents,  fail  to  com|ily  with  said  no- 
tice within  the  time  s]iecilieil.  then  the  street  commissioner  shall  cause  such 
si(hnvalk  to  be  repaired,  and  the  cost  thereof  shall  be  as.sessed  as  a  special 
tax  on  the  property  adjoining  such  sifh'walk.  (Ord.  20.">;38.  amending  M.  C, 
ser.  9(17.  i 

S'-4>  note  to  sec.  904  supra:  and  see  Charter  Art.  VI..  sec.  IS  and  note.  Under 
the  old  provisions  of  the  Charter  this  ordinance  was  sustained  as  valid:  Sklnker 
vs.  Heman.  14S  Mo.  349,  353;  the  owner  could  not  defeat  the  special  tax  bill  by 
showing  that  the  sidewalk  was  not  out  of  repair:  Heman  vs.  Ring.  85  Mo.  App. 
231  and  cases  cited 

Sec.  910.  Repair  <»f  alleys— notice— special  tax. — The  street 
commissioner  sh;ill.  whenever  the  |iavement  of  an  alley  is  out  of  repair, 
cause  the  same  to  be  repaired;  lint  he  shall  notify  tiie  owner  or  owners,  or 
their  agents,  of  the  property  adjoining  that  ])()rtion  of  the  alley  needing  re- 
pairs, through  tiu'  mail,  at  least  tivp  days  prior  to  commencing  any  work 
of  repair,  that  such  repairs  will  be  made.  The  cost  of  making  such  repairs 
shall  be  as.sessed  as  a  special  tax  upon  the  adjoining  projierty.  and  each  lot 
shall  Ih'  taxed  only  for  the  rejiairs  made  on  ili;il  portion  of  the  alley  ad- 
joining it  :ind  lying  l>otw(HMi  the  lot  line  and  the  center  of  the  alley,  i  Ord, 
•_'<i.-,:!S,  amending  M.  ('..  s<'c.  9(tS.t 
See  notes  supra. 


760  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.    12. 

Sec.  911.  Repairs— materials  to  be  used. — Whtnever  the  board 
of  [piitilif  iiiiiiroveiiK'iits  shall  cunsidfr  it  advisable  and  for  the  best  inter- 
ests of  tlie  city,  iu  i-ejiairiiij;  any  inijiroved  jiublic  street,  tiie  cost  of  which  is 
payable  by  tlie  city,  to  use  materials  dirt'erent  in  kind  from  those  with  which 
the  street  is  constructed,  it  may,  by  a  vote  of  a  majority  of  all  its  members, 
direct  the  repairs  to  be  made  of  such  materials  aud  iu  such  manner  as  it 
deems  best;  and  it  shall  be  the  duty  of  the  street  commissioner  to  have  such 
repairs  made  iu  accordance  with  tlie  directions  of  the  board,  i  M.  (".,  .sec. 
!HI!».  I 

Sec.  912.  Gas  lif»ht  eoinpanies  to  I'epair  streets — wlieii — 
stop-coek  boxes. —  In  all  instances  where  the  gas  light  comjianies  author- 
ize or  cause  an  opening  to  be  made  in  any  street  or  alley  of  the  city  for  the 
purjiose  of  jtutting  down  pipe,  or  for  any  other  purpose,  it  shall  he  the  duty 
of  said  companies  to  rejiair  the  street  or  alley  aud  ])lace  it  in  as  good  con- 
dition, in  the  ojunion  of  the  stre<?t  commissioner,  as  it  was  before  the  exca- 
vation or  ojieuing  was  made  in  the  street  or  alley,  and  the  repairs  must  be 
continued  as  circumstances  may  require  for  the  period  of  one  year  after  the 
said  excavation  has  been  refilled,  and  it  shall  be  the  duty  of  tlie  street  com- 
missioner to  cause  any  repairs  which  in  Iiis  ojiinion  are  not  coni])lete  to  be 
completed,  aud  the  cost  of  such  rejiair  by  the  street  commissioner  shall  be 
deducted  from  the  ](a\nient  due  by  the  city  for  lighting  the  streets.  All  gas 
stop-cock  boxes  shall  be  located  in  the  sidewalks  witliiu  one  foot  of  the 
curbstime,  iu  front  of  the  premises  to  be  suiijilied,  and  shall  come  up  even 
with  the  jiavemeut.  When  stop-cock  boxes  cannot  be  i)laced  in  the  side- 
walks on  account  of  vaults,  they  shall  be  jilaced  iu  the  street,  clear  of  the 
gutter  paving,  and  witliin  four  feet  of  tlie  curbstone,     i  .M.  ('..  sec.  910. ) 

See  cases  cited  in  note  to  Sec.  '.fjl. 

Sec.  913.  Stop-cocks — location  of— iniscleineanor.— All  jier- 
sons,  corjiorations  or  associations  su]i])lying  gas  for  heating,  illuiiiinatiug 
or  other  piirjioses,  shall  place  stoji-cocks  and  lioxes  on  the  main  supply  pipe 
leading  into  any  i)uilding  on  the  sidewalk  in  the  nuunuu-  provided  for  in  the 
next  jirecediiig  section,  so  that  the  sujtply  of  gas  can  be  shut  otf  without 
entering  tiie  l)uilding  or  premises.  Any  jierson  or  persons,  corporation  or 
association  violating  the  provisions  of  this  aud  the  next  preceding  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall 
lie  lined  in  a  sum  not  less  than  fifty  dollars,  nor  more  than  five  hundred 
dollars  for  each  offense.     ( M.  C.  sec.  911.) 

Sec.  !I14.  Streets  may  be  closed  temporarily— use— mis- 
demeanor.— The  street  commhssioner  is  authorized,  with  the  apjiroval  of 
the  mayor,  to  close  any  street,  alley,  jiublic  jilace  or  higliway  and  withdraw 
the  same  from  public  use  temporarily  and  during  such  i)eriod  as  public 
work  thereon  shall  make  such  action  necessary.  Any  jiersou  using  or  at- 
temjiting  to  use  said  street,  alley,  or  jniblic  jilace  or  higliway  so  withdrawn 
from  public  use,  or  driving  or  attempting  to  drive  any  auimal  or  vehicle 
thereon,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  lined  not  less  than  ten  dollai-s  nor  more  than  fifty  dollars  for  each 
offense.     (M.  ('.,  sec.  912. ) 

This  ordinance  does  not  offend  the  Charter  provision  that  tlie  power  to  vacate 
streets  and  to  regulate  their  use  is  vested  in  the  assembly;  it  is  in  no  sense 
a  delegation  of  that  legislative  power  to  the  mayor  and  street  commissioner  but 
is  simply  a  police  regulation  passed  in  pursuance  of  the  general  welfare  clause: 
ITaller  vs.   St.   Lniiis.    ITil  Mo.   (!mi;,   GiO. 

Sc.  915.  Duty  of  police. — It  shall  be  the  duty  of  the  police  within 
their  respective  districts  to  watch  for  and  arrest  persons  violating  the 
provisions  of  the  next  jireceding  section,      i  M.  C.  sec.  '.)\:\.\ 


AI;T.    hi.  I  OK  CONSTKrCTlON   AN1>  UKl'AlltS  701 

Sfc.    !ilG.     Slwult'    troos — wIht*-    itlaiitt'd  —  \iolitti4tii     niiscU'- 

nu'aiior. —  Shade  troos  may  lu'  plaiilcil  iicai'  iln'  curlistoiu's  of  (lie  side- 
walk: pnivided.  that  tlie  same  sliall  iu>i  lie  |ilaiited  n\er  two  feet  inside  the 
cufh  line,  e.\(ei)t  with  the  iieniiissioii  and  nn<l(r  the  difeetioii  of  the  slfeel 
eonimissioner.  Any  pei'son  who  shall  fail  to  comply  with  the  jirovisioiis  of 
this  seition  shall  he  deemed  guilty  of  a  misdemeanm-.  ami  \ipon  eonvietion 
thereof,  shall  be  tiiiecl  not  less  than  ten  dollais  nor  more  ilian  lilty  (hdlars. 
(M.  C.  sec.  1114.) 

As   to   rights  of  City   Forester  respecting  sliado    trees,   etc..   see   Art.    11!   of   lliis 
Ctiapter   (sees.   12.".4   to   1-.')"). 

See.    917.     Poriiiit    to    i»ii\;Ut'  porsoii-s  (<>  coiLstnict  stici'ls, 

Ot<*. — The  boaid  ol  puliiic  improvements  is  hereby  atitlioi'ize(i  to  grant  jier 
mission  to  the  o\\  iieis  of  |iroperty  frontin;;  upon  or  adjoininj;  any  street. 
avenue,  pnldic  highway  or  alley,  to  <;i-ade.  consinicl  of  fecoiislruct  the  cnrb- 
inj;.  jiiitiei-in^r.  loadway  pavinjc  of  sidewalk  paxini;  of  such  sifeet,  avenue, 
public  hi;;hway  of  alley,  at  saiil  pfopefty  ownefs"  own  cost  and  expense.  All 
such  wofk  shall  lie  done  nmh'f  the  snpei-vision  of  and  accoidiiig  to  plans  ami 
specifications  a|ipi'oved  l>y  said  boafd.  The  foadways  of  sifeets,  avenues 
and  public  highways  so  consuiirted  of  feconsif u(  led  shall  be  cleaned  and 
rejiaifed  by  the  city  as  othef  sifeets  of  similai-  matefial  and  conslfiiction 
are  cleaned  and  fepaifed.  All  smli  ]iefmils  shall  be  given  upon  the  exjifess 
condition  that  they  shall  not  be  conslfiied  to  im|paif  in  any  way  the  fight 
of  the  city  to  i-econsifuct  such  stfeets.  avenues.  ]iublic  highways  of  alleys  at 
any  time,  noi-  in  cniitle  such  owners  lo  any  claim  fof  ilamages  against  ihe 
city  fof  feconsi  fuct  ing  the  same.      i.\I.  ( ".,  sec.  !)!."). i 

S<c.  '.lis.  Deposit  to  !»«'  ma(U>. — Hefoi-e  such  iiefinissioii  is  issued 
the  jtarty  or  parties  making  apjilicatioii  thefefof  shall  pay  into  the  city 
tfeasury  a  sum  of  money,  to  be  fixed  by  the  boafd  of  public  impfovemeiits, 
but  not  less  in  any  case  than  two  liuiidfed  and  fifty  dollafs.  said  sum  to  be 
a  s|iecial  ftiiid.  out  of  which  siiall  be  paid  the  cost  of  all  engineefing  and 
inspection  which  sliall  become  necessai-y  on  account  of  any  wofk  done  tindef 
such  |iefmission,  as  well  as  all  costs  fof  fefilling.  oi'  any  othef  expenses  to 
which  the  city  may  be  (itit  on  account  of  such  wofk,  of  of  any  violations  of 
the  conditions  of  i-egtilations  undef  which  the  same  is  done,  and  if,  aftef  de- 
dticting  all  such  payments,  there  be  any  remainder,  it  shall  be  retufiuMl  to 
the  parly  of  parties  by  whom  the  fund  was  created,     i  .M.  < '..  sec.  91<i.) 

See.  910.     Vaiilt.s  iiikUm'  .Hulowalks — r(><;iilatioiis  for  coiisfruc 

ti«ni,  — The  board  of  ]niblic  imjirovements  may.  when  reipieste<l  by  proj)- 
eriy  owners,  grant  permits  to  <'onstruct  vaults  under  sidewalks,  subject  to 
the  following  regulations:  First,  the  area  wliiih  may  b(>  occnjiied  umler 
a  sidewalk  by  a  i>roperty  owner  in  front  of  his  building  shall  be  limited 
to  the  space  between  the  building  line  and  a  line  five  feet  from  and  [parallel 
to  the  exterior  line  of  (he  ctirbing.  In  no  instance  shall  the  ground  under 
an  entrance  to  an  alley  between  the  building  line  and  the  curb  line  of  the 
street  be  excavated.  Second,  the  outer  area  wall  shall  be  laid  in  first  class 
hydraulic  cement  mortar,  and  shall  be  ]>ointe(l  outside  at  least  four  feet 
di>wii  fi'om  the  toji  of  the  wall.  The  wall  shall  not  be  less  than  two  feet 
ihii  k  at  the  bottom  for  a  height  of  twelve  feet  battei'ed  to  eighteen  inches 
at  the  top  in  all  cases.  Third,  detail  drawings  showing  the  jilaii  of  con- 
struction of  the  vault,  and  written  specifications  for  same  shall  be  sub- 
mitted witii  application,  and  when  api>roved  by  the  hoard  of  public  im- 
provements ;in<l  jicrniit  issued  thereon,  shall  be  kejit  on  file  in  the  street 
ilejiai'tment.     i  M.  <".,  sec.  IIIT.I 

For  Clinrter  authority  to  regulate  and  prohibit  buildinR  of  vaults  under  slde- 
walk.i  see   Art.   III.,  sec.   26.   clause   9.     Under  a  similar  charter  power   in   Kansa» 


762  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.    12. 

City  It  is  held  that  if  the  city  lias  passed  no  ordinances  on  the  subject,  a  person 
has  a  right  as  abutting  owner  to  maintain  a  vault  under  his  sidewalk,  provided 
the  safety  of  the  public  and  the  public  easement  is  not  disturbed:  Gordon  vs. 
Peltzer,   56  Mo.   App.   509,  604. 

See.  920.     Vaults — penalty  for  construction  without  permit. 

— -Auy  property  owuer,  ageut,  builder  or  auy  person  who  .shall  exeavate  the 
ground  under  a  .sidewalk  without  first  having  obtained  a  permit  from  the 
board  of  public  improvements  .so  to  do,  or  who  shall  eoustruct  a  vault  under 
a  sidewalk  without  a  permit  from  the  board  of  public  improvements,  or  who 
.shall  construct  a  vault  not  in  accordance  with  the  ])lans  and  specifications 
approved  by  the  board  of  jmblic  iiiqn-ovement.s,  shall  be  de^'iued  guilty  of  a 
misdemeanor,  and  ui)on  conviction  thereof  shall  be  fined  not  less  than  fifty 
dollars  nor  more  than  five  hundred  dollars;  or  who,  when  notified  by  the 
street  commissioner  to  remove  a  vault  constructed  without  permission  of 
the  board  of  public  improvements,  or  to  alter  its  construction  so  that  it  shall 
conform  with  the  approved  plans  and  specifications,  shall  fail  to  do  so 
forthwith,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  less  than  fifty  dollars  nor  more  than  five  hundred 
dollars,  and  every  day  that  such  vault  is  allowed  to  remain  or  is  not  changed 
or  altered  to  coulorm  with  its  duly  approved  plans  and  specifications  shall 
be  deemed  a  scjiarate  oft'ense.     (M.  C,  .sec.  1(18.) 

Sec  921.     Excavations— not  to  be  made  without  permission. 

— No  jierson  shall  make  or  cause  to  be  made  any  excavation  on  any  public 
street,  highway  or  alley,  without  written  jiermission  of  the  street  commis- 
sioner so  to  do,  except  jiublic  work  done  under  the  authority  of  the  water 
or  sewer  commissioner,  who  at  the  time  of  ordering  any  such  excavating 
shall  notify  the  street  commissioner  of  the  same.      ( M.  C,  sec.  919.) 

See  infra  sec.  926.  The  above  ordinance  was  considered  in  Laclede  Gas  Light 
Co.  vs.  Murphy,  170  U.  S.  78,  affirming  State  ex  rel.  vs.  Murphy,  130  Mo.  10,  hold- 
ing that  the  right  of  the  Laclede  Gas  Light  Co..  if  such  rights  existed  under  its 
charter  granted  by  the  state,  was  still  subject  to  such  reasonable  regulations  as 
the  city  deemed  best  to  make  for  the  public  safety  and  convenience  and  that  the 
company  was  bound  to  comply  with  such.  See  also  as  to  such  a  regulation  being 
a   reasonable  one:      Westport    vs.    MulhoUand,    159   Mo.    S6. 

Sec.  922.  Excavations— reg^ulations  respecting. — In  excavat- 
ing in  auy  street  or  other  jmblic  way,  all  material  for  jiaving  or  macadam- 
izing nnist  be  removed  with  the  least  possible  injury  or  loss  of  the  same, 
and  together  with  the  excavated  materials  from  the  trenches  must  be  placed 
where  they  will  cause  the  least  jiossible  inconvenience  to  the  public.  The 
width  of  the  excavation  shall  be  no  greater  than  is  necessary  for  doing  the 
work,  and  whenever  it  shall  be  deemed  necessary  by  the  street  commissioner, 
sheeting  and  bracing  shall  be  used  to  keep  the  sides  of  the  trenches  per- 
pendicular and  jirevent  unnecessary  caving.  The  street  must  be  opened 
in  the  manner  which  will  cause  the  least  inconvenience  to  the  public,  and 
admit  of  the  uninteirujited  passage  of  water  along  the  gutters.  No  exca- 
vation made  for  the  piirjiose  of  connecting  service  ])i]ies  with  water  or  gas 
mains  shall  be  kept  o]ien  over  night,  and  every  precaution  must  be  taken  to 
protect  the  trench  so  as  to  insure  the  ]>ublic  safety.     ( M.  ('.,  sec.  920.) 

Sec.  923.     Excavations    in  sidewalks  to  be   bridged When 

ever  any  person  shall  excavate  the  sidewalk  of  any  street  for  building  pur- 
poses, it  shall  be  his  duty  to  place  a  strong  and  substaiiti;il  foot  bridge  over 
such  excavation  in  the  line  of  the  sidewalk;  said  bi'idgc  shall  b(>  at  least 
five  feet  broad  and  secui-ely  railed  on  each  side,  so  thaT  foot  ])assengers  may 
[)ass  over  it  safely  and  conveniently  at  all  times,     i  M.  C.  sec.  921.) 


ART.   II.l  OF  CONSTRUCTION   ANIJ   KKPAIHS.  763 

Sw.  924.  Ex<*avati<nis  in  st  ii't'ts— (o  l>c  r«'iic(Ml,  ctf. — <»l>.strii<s 
tioiis  —  ro»l  Ii<;lit. — llvcr.v  in'isnti  wlm  sli;ill  taiisi'  lo  W  iiiailc  iiiiv  ex- 
ciuaiiuu  in  ur  aiijuiiiiiiy;  aiiv  iiul)lic  sirccl,  alley,  iilgliway  or  pulilic  place, 
shall  eause  the  same  to  be  t'eiued  in  with  a  substantial  feme  not  less  than 
three  feet  hifch,  and  so  plaeed  as  to  prevent  i)ersons,  animals  or  vehicles 
from  falliuf;;  into  said  excavations;  and  every  person  making:  or  causing  to 
lie  made  any  such  excavations,  and  every  person  who  siiall  occupy  or  cause 
to  be  occupied  any  portion  of  any  public  street,  alley,  highway  or  public 
place  with  building  materials  or  an.\  obsl  ruction,  shall  cause  one  red  light 
to  be  securely  and  conspicuously  posted  on  or  near  such  excavation,  build- 
ing material  or  obstructit)n ;  provided,  siuli  obstruction  does  not  extend 
more  than  ten  feet  in  length,  and  if  over  ti'u  feet  ami  less  than  lifty  feet, 
two  red  lights,  one  at  each  end,  shall  be  so  ]daced.  and  one  additional  light 
for  i^ach  additional  fifty  feel  or  jiarl  thereof,  and  shall  keep  such  lights 
burning  during  the  entire  night.     i.M.  ('.,  sec.  U'2'2.i 

Ordinances  Imposing  such  duty  to  fence  e.xcavatlons  only  applies  to  cases 
where  the  owner's  property  extends  up  to  the  highway  and  the  excavation  or  de- 
pression U  In  such  close  proximity  to  that  highway  as  to  endanger  the  safety 
of  travelers  as  IraivUrs  on  such  thoroughfare:  Moran  vs.  Pullman  Pal.  Car  Co.. 
134  Mo.  641.  6.">0.  That  portion  of  the  ordinance  requiring  a  red  light  to  be  posted 
was  referred  to  in  the  case  of  McCarty  vs.  Transit  Co..  192  Mo.  1.  c.  399. 

See.  9l'.5.  I't'iialty. — .Vny  iierson  violating  or  failing  lo  comply  with 
any  of  the  |)rovisions  of  the  next  four  ju-eceding  sections  of  this  article  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  be  fined 
not  less  than  ten  dollars,  nor  more  than  five  hundred  dollars,  (il.  (J.,  sec. 
111':?.  I 

Ser.  92ti.  Kx<'avali(>iis  in  str<'('ts  — additional  r«'mila(i<>ns — 
fiiiitl  for  t'xp«'iist>s — pcrniit  —  nianncr  «»t  «'x<'a\ati<ni  — iH's(<»riiig: 
l>a\iii^ — cxiK'n.st'.s  of  iiisiuM-tion— ^vi(lu^^a^val  of  special  fuiul. — 

.Vny  person,  tirm  or  corjioratitui  desiring  to  make  an  excavation  in  any 
public  street,  alley  or  highway,  for  any  purpose  whatever,  shall  ai)iily  to  the 
street  commissiiuier  for  a  ]>ermit.  which  itermit  shall  only  be  issued  after 
the  ai)|iliiaiit  has  deposited  with  the  city  treasurer  the  sum  of  twentytlve 
dollars  for  each  seventy-live  feet  of  trench  or  fractional  part  (if  seveutylive 
fiH't  to  be  excavated,  as  a  special  fund  to  be  used  by  the  street  commissioner 
as  hereinafter  jirovided.  but  no  excavation  permit  shall,  however,  be  issued 
during  the  winter  montlis  if  iu  the  opinion  of  the  street  commissioner  tin? 
conditions  of  the  weather  are  such  as  to  make  it  iiuju-acticable  to  refill  the 
trench  on  account  of  frozen  ground,  unless  it  becomes  iiu]>erative  to  repair 
leaks  in  water  pipes,  gas  ]ii|ies  or  sewers;  iu  such  cases  the  trenches  shall 
be  retilled  with  sand,  if  ordered  In  dn  so  by  the  street  commissioiiei'. 

It  is  provided,  however,  thai  when  the  deposits  with  the  city  treasurer 
herein  re(|uired  aggregate  the  sum  of  live  thousand  dollars  no  further  de- 
posit shall  lie  re(|uired  from  any  one  party  except  such  as  are  necessary 
liereunder  to  kiH'p  the  aggregate  dejiosit  fully  ecpial  to  such  sum  of  five 
thonsand  dollars. 

Sl'KCI.VL  PKHMIT  .NIX'KSSAI: V 

No  excavation  shall  be  made  in  any  jiublic  street,  alley  or  highway  more 
than  two  blocks  in  lengtli  at  any  one  time,  except  by  8i)ecial  permit  from 
the  street  commissioner. 

DRIVEWAT   ACROSS   t:XCAVATION. 

In  all  cases  where  excavations  are  made  entirely  across  ilie  imblic  high- 
ways, a  substantial  driveway  shall  l)e  niaintaiued  by  the  party  making  the 


764  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.    12_ 

excavjitiiin.  iktoss  sikIi  excavation  until  suili  excavation  is  retilled,  and  at 
all  times  sliail  be  subject  to  the  a]i|iroval  of  the  street  commissioner. 

FII.LING   EXCAVATIONS— RESTORATION    OF    PAVING. 

lu  making  excavations  in  aii.\  pulilic  street,  alley  or  highway  the  pav- 
ing iiiateiial  and  eaith  removed  must  he  ke]it  separate,  and  deposited  in  a 
manner  that  will  occasion  the  least  iiu'onvenience  to  the  public,  with  jiro.- 
visioii  I'oi-  pro]iei-  surface  drainage  and  a  safe  passageway  for  travel.  The 
refilling  with  earth  of  all  trenches  made  iu  any  public  street,  alley  or  high- 
way, shall  be  done  at  once  in  thin  layers  not  exceeding  four  inches  in 
height,  firmly  rammed  with  a  rammer  weighing  not  less  than  thirty  pounds 
until  the  excavation  is  tilled  uji  to  the  proper  line  for  placing  the  pavement 
thereon.  Hut  in  case  the  said  refilling  is  not  done  to  tlie  entire  satisfaction 
of  the  street  commissioner,  then  the  street  commissioner  shall  have  the  right 
to  take  out  all  the  earth  from  the  excavation  and  have  the  same  refilled  at 
the  expense  of  the  party  who  made  the  excavation  and  charge  the  cost 
thereof  against  the  deposit  of  money  belonging  to  the  aforesaid  party.  The 
street  or  alley  pavement  after  refilling  shall  be  placed  in  as  good  shape  and 
condition  as  it  was  before  such  excavations  were  made.  _\11  deficiencies  in 
material  shall  be  made  good  with  new  material  liy  the  party  making  the 
excavation.  Whenever  a  trench  is  excavated  in  any  jmblic  street,  alley  or 
highway  upon  which  is  laid  a  pavement  of  granite,  brick,  asjihalt.  bitumin- 
ous macadam  or  wood  blocks,  the  street  commissioner  shall  direct  how  nuicli 
of  the  pavement  it  will  be  necessary  to  remove,  and  how  much  of  the  old 
paving  material  can  be  used  again;  all  deficiencies  shall  he  made  good  with 
new  material  by  the  party  making  the  excavation.  The  iiavemenf  shall  be 
restored  in  a  firm  and  stable  manner;  whenever  a  pavement  is  laid  on  a  con- 
crete foundation,  fresh  cement  shall  be  used  to  replace  the  old  concrete 
taken  out,  and  the  old  concrete  shall  be  used  as  a  partial  tiller  and  not 
hauled  away.  The  new  concrete  and  the  pavement  proper  must  immediate- 
ly thereafter  be  replaced  in  a  good  and  workmanlike  manner. 

INSPP;CTION. 

Whenever  any  of  the  aforesaid  work  is  (hnie  under  a  permit  from  the 
street  commissioner  as  hereinbefore  provided,  in  any  jniblic  street,  alley 
or  highway,  such  work,  together  with  the  work  of  refilling  the  trench  and 
restoring  the  pavement,  shall  be  done  under  the  charge  and  direction  of  an 
inspector  ai)pointed  by  the  street  commissioner,  whose  duty  it  shall  be  to 
see  that  the  aforesaid  work  is  properly  done,  and  is  in  accordance  with 
such  rules  and  regulations  as  may  be  prescribed  by  the  street  commissioner. 
Tlie  ])ay  of  the  said  insjiector  shall  be  charged  against  the  deposit  herein- 
before ]irovided.  and  shall  be  at  the  rate  of  tliirty  cents  jier  hour.  The  time 
allowed  the  insi>ector  shall  be  comi>uted  only  for  the  number  of  hours  he 
is  actually  inspecting  the  work.  Whenever  a  person,  firm  or  corporation 
ai)]dies  for  a  street  excavation  permit,  he  shall  state  in  writing  in  his  apjdi- 
cation  the  hour  he  or  they  will  commence  work,  and  tlii'  inspector's  time 
shall  be  allowed  from  the  hour  so  stated,  whether  the  work  is  commenced 
or  not;  ])rovided  the  ins]iector  is  on  the  ground  iirejiareii  to  overs(>e  the 
work.  When  any  of  the  aforesaid  work  is  not  done  stiicily  in  accordance 
with  the  instruction  ()r  th(>  inspector,  or  in  coin]iliance  with  the  rtiles  and 
regtilations  iirescrilied  by  (he  street  commissioner.  (U-  is  not  iii-ojierly  main- 
tained for  a  jieriod  of  two  years  after  the  coiii])letion  of  said  work,  the  s.tid 
commissioner  shall  cau.'Je  all  such  work  to  be  done  and  the  cost  iheieof 
shall  b(>  charged  against   the  deposits  liei-einb»>fore  ]irovid(vl. 


I 


ART.   II.) 


Ol'"  I'liNSTIU  TTloN   AM"    l:i:i-AlUS. 


\VITUI>K.\W.VL    111-    Sl'KCIAL    ITN'K 


7(iJ 


^^'ll('Il(■\»•l•  llif  whole  or  |>Mrl  ul'  siiitl  (h'lio.sil  .shall  lia\c  Ikh'II  ('Xpt'udt'd 
for  till'  |inr|niKc  htTcin  ilcsirilifil.  no  ww  ]icriiiit  foi-  cxtav  al  ion  siiall  Im-  is- 
sued unlil  llie  riiiid  i.s  lproiiL;hl  \\\>  airaiii  li\  tiiillier  deiiosil  wilh  the  city 
Ii-easiii-er  lo  the  full  sum  rei|uii'ed  liy  ihis  section.  \\lieiLO\-ef  any  pei-son 
«  ho  has  a  deposit  w  itii  tlu'  eity  tfeasufer  lor  tiie  jiufpose  ol'  takinj:  out  per 
inits  for  e.xeavat  ions  undei-  this  .st-ction,  desires  lo  withdraw  such  deposit, 
lie  shall  notify  the  street  coniniissioner.  who  tliereu|ion  shall  certify  to  the 
president  of  the  hoard  of  public  iniprovemeiits  a  voucher  for  the  uiiexpeiid- 
eil  Italaiue  of  said  deposii  ;  jirovided  that  all  excavations  previously  made 
have  been  relilled  as  reipiiicd  li\  ihis  section  ami  all  )iavenienls  repaired 
to  the  satisfaction  of  the  street  commissioner,  and  have  Imm-ii  mainlaineil 
ill  fjood  order  for  at  least  two  years.  The  jwesideiit  of  ihe  hoard  of  piihlic 
im|irovements  shall  certify  said  \()Uclier  to  the  city  auditor,  who  thereupon 
shall  draw  his  warrant  upon  the  city  treasurer  in  fa\i>r  of  said  iiersoii  for 
said  amount  staiidiiiL'  to  the  credit  of  the  special  fluid  created  hy  the  jmy- 
meiits  herein  pro\  ided,  and  shall  take  his  receipt  in  full  of  all  claims 
against  the  cii\  on  account  of  said  pa\uients.  (Ord.  L'II.'m.  aiiiiiidinj;  M. 
v..  see.  !tL'4.1 

Sic.  927  l'<Tinits  lor  oc<-iiit.\  iii^-  .^^trccts  and  si(l«'\valks  \\Hh 
lMiil*liii<jf  iiialcrial.-  .Ml  |iermits  heretofore  issued  \\\  ilir  commissioner 
of  |iul>lic  huildin^s  authori/in;;  the  occupation  of  ati\  portions  of  pulilic 
streets,  alleys,  or  sidewalks,  for  use  in  connection  with  Itnildinj;  operations, 
or  for  the  iilacin;;  thereon  u(  luiildinj;  materials,  shall  lie  and  are  hereliy 
revoked,  and  the  further  use  of  such  streets,  alleys  and  sidewalks  for  the 
jiurposes  aforesaid  shall  lie  unlaw  fill  except  as  provided  ill  sections  '.ll'S  and 
'.•-•!•.     lOril.  I'l.-.'.U.p 

See  92S  T«'nii><Mai>  occupation  ol  si(|c\\alk,  alley  or 
street— pcrinit,  liow  oldaiiu'd— premise's  to  he  kept  in  «»rderl> 
<-on(lition— special  tiiud  l<»  he  kept  up— ant horit \  of  street 
4'oinniissioner^u  li.it  parts  of  sid<'\\  alk,  et<',.  nia>  he  oeeupi«-d 
—  I'urtluM'  r<>};:ulalions,  «'|«'. — uitlulrawal  of  spe<-ial  <leposit  — 
Any  ]ierson.  tirm  or  ciu]H)ialioii  desiriiii:  lo  icmporaiily  occupy  any  por- 
tion of  any  puMic  street,  alley  or  sidewalk  for  the  purpose  of  placiiif;  ihere- 
on  materials,  or  riililiish,  from  Imildin^'  operations  or  for  excixal  ion  for  any 
area  under  a  sidewalk,  or  for  any  purjiose  whatever  in  coiiiieciion  with 
the  erection,  removal,  alteration  nv  ri'pair  of  ,iny  luiildiiii.'  or  oihei-  slriic- 
tiire.  shall  apjdy  to  the  strei't  comiiiissioner  for  a  I'rriiiii  loi-  ihr  irniporary 
occupation  aforesaid,  and  it  shall  he  iiiilawfnl  to  occu|iy  or  olistruct  any 
street,  alley  or  sidewalk  as  aforesaid  without  a  permit  from  the  street  com- 
missiiuier.  which  |ierniit  shall  only  lie  issued  hy  the  street  commissioner 
ii|ioii  the  |iresenial  ion  of  a  huildin;;  permit  from  the  coniniissioner  of  |iul)- 
lic  liuildin<:s.  authorizing'  the  wmk  which  is  to  lie  dmic,  and  ilir  city  treas- 
urer's receipt  that  the  a|iplicanl  has  de|iosited  with  ilic  cii\  treasurer  the 
sum  of  tifty  dollars,  without  ro<;ard  to  the  numlier  of  pi  rniits,  as  a  special 
fund  to  Im"  used  l>y  the  street  commissioner,  to  defray  ex|ien.ses  liy  reason 
of  a  failure  of  the  person,  tirm  or  corporation  to  whom  the  ]iertnii  may  he 
issued,  to  keeji  said  streets,  alleys  and  sidewalks  adjacent  to  the  premises 
whereon  said  liuildin;;  operations  are  carried  on.  in  a  clean  and  orderly 
eoiidition  diiriii};  the  time  for  which  permissiou  for  said  temporary  occii- 
pafioii  is  asked;  and  it  is  hereliy  made  the  duty  of  any  person,  firm  or  cor 
poration  carrying  on  any  liuildin;;  o|K'rations,  to  keep  the  strti'ts,  alloys 
and  sidewalks  adjoining;  the  premises  whereon  said  operations  aro  eon 
ducted,  in  a  clean  and  ordei'ly  condition  during:  such  operations,  .-ind  .U  the 
oxpiriition  of  the  time  stipulated  in  said  ]ierniit.  which  shall  not  excei-d  tho 


766  REVISED   CODE   OR   GENERAL  ORDINANCES.  [CHAP.    11. 

time  stipulated  in  the  building  permit,  or  whenever  ordered  bj'  the  street 
commissioner,  the  person,  firm  or  corjioration  to  whom  the  permit  may  be 
issued,  shall  remove  all  materials  and  rubbish  from  the  streets,  alleys  and 
sidewalks  adjoining  said  premises  and  shall  leave  the  same  in  a  clean  and 
orderly  condition. 

STREET   COMMISSIONER   AUTHORIZED   TO   REMOVE   OR   REPILE 
OBSTRUCTIONS. 

The  street  commissioner  is  hereby  authorized  to  clean  the  streets,  al- 
leys or  sidewalks  adjoining  any  premises  whereon  building  operations  are 
being  carried  on,  whenever  the  same  may  be  found  in  an  unclean  or  dis- 
orderly condition,  and  he  shall  remove  or  repile  any  building  materials  or 
rubbish  or  obstructions  wliich  may  be  found  outside  of  the  spaces  author- 
ized by  his  permit  to  be  occupied  thereby,  or  within,  four  feet  of  any  fire- 
plug or  electric  conduit  manhole,  and  he  shall  issue  a  voucher  for  the  j)ay- 
ment  of  the  cost  of  such  cleaning  or  removal,  which  shall  be  charged 
against  and  paid  from  the  deposit  hereinbefore  provided. 

SPECIAL    FUND    ON    DEPOSIT. 

Whenever  the  whole  or  part  of  said  dejiosit  shall  have  been  expended 
for  the  purpose  herein  described,  the  street  commissioner  shall  notify  said 
person,  firm  or  corporation  to  whom  the  permit  may  be  issued  to  jiay  so 
much  money  into  the  city  treasury  as  will  bring  the  deposit  again  up  to 
the  amount  hereinbefore  required,  and  in  the  event  of  the  failure  of  said 
depositor  to  deposit  such  additional  .sum,  said  street  commissioner  shall 
revoke  said  permit  and  i.t  shall  lie  unlawful  to  occujiy  any  of  the  aforesaid 
streets,  alleys  or  sidewalks  with  materials,  dirt  or  rubbisli  after  the  revo- 
cation (if  said  permit  or  to  neglect  or  refuse  to  remove  all  materials,  dirt 
and  rubbish  from  said  streets,  alleys  and  sidewalks  after  having  been  noti- 
fied so  to  do  by  the  street  commissioner.  The  extent  of  occupation  of  such 
street,  alley  or  sidewalk  or  part  thereof  for  which  a  permit  may  be  granted 
by  said  street  commissioner,  shall  be  as  follows: 

HOW    MUCH   OF   SIDEWALK   MAY    BE   OCCUPIED— REGULATIONS   AS   TO    SIDE- 
WALKS—DANGER SIGNALS. 

Said  permit  shall  not  authorize  the  occuijation  of  any  sidewalk,  street 
or  alley,  or  jiart  thereof  other  than  that  immediately  in  front  of  or  in  thfe 
rear  of  the  premises  of  the  building  upon  which  said  jiermit  is  issued.  Dur- 
ing the  progress  of  building  ojieralioiis  at  least  one-third  of  the  sidewalk 
in  front  of  the  premises  of  the  building  for  which  such  jiermit  is  granted 
shall  be  at  all  times  kept  free  and  unobstructed  for  the  jmrjiose  of  jiassage 
and  clear  of  rubbish,  dirt  and  snow.  Such  sidewalks  must,  if  tliere  are 
excavations  on  either  side  of  same,  be  protected  by  substantial  railings, 
which  shall  be  built  and  maintained  thereon  so  long  as  such  excavations 
continue  to  exist.  It  is  not  intended  hereby  to  prohibit  the  maintenance 
of  a  driveway  for  the  delivery  of  material  across  sucU  sidewalk  from  the 
curb  line  to  the  building  side.  It  shall  be  jiermitted  for  the  purpose  of  de- 
livering material  to  the  basement  of  the  buildings,  to  elevate  such  tem- 
porary sidewalks  to  a  height  not  exceeding  four  feet  above  the  curb  level 
of  the  street,  and  where  excavations  are  made  under  or  across  any  sidewalk, 
the  street  commissioner  is  hereby  authorized  to  require  such  elevated  tem- 
porary sidewalks  to  be  erected  so  as  to  att'ord  safe  and  convenient  passage 
and  such  elevated  sidewalks  shall  be  pro\ided  with  good  substantial  steps 
on  both  ends  of  the  same,  and  shall  liave  railings,  as  before  specified,  on 
both  sides  thereof.     If  the  buildinir  to  be  erected  is  more  than  four  stories 


ART.    II.]  OF  CONSTRUCTION   AND  REPAIRS.  767 

iu  heigLt,  and  is  set  at  or  near  the  street  Hue.  there  shall  be  built  over  siicli 
sidewalk  a  roof  havin<;  a  framework  and  coverin'i  coinpospd  of  supports 
and  striiijiors  of  three  l>y  twelve  limbers,  not  more  than  eif;ht  feet  from 
centers  covered  hy  two  lavers  of  two-inch  plank.  Said  roof  shall  be  main- 
tained as  lonj;  as  material  is  being  used  or  handled  on  .'<aid  street  front  ami 
above  the  level  of  such  sidewalk.  In  all  cases  such  temporarv  sidewalks 
and  their  railings  and  approaches  and  tiie  roofs  over  tlie  same  shall  be 
made,  as  regards  ease  of  approach,  strength  and  safety,  to  the  satisfaction 
of  the  street  commissioner.  The  occupation  of  the  street  for  the  storage  of 
building  materials  shall  never  exceecl,  in  front  of  any  one  building,  one- 
ipiarter  of  the  width  of  the  roadway  of  tlie  same,  and  in  the  streets  con- 
taining railroad  tracks  such  occu|)ation  shall  not  exceed  one-half  tin;  dis- 
tance fn^m  the  curbstiuie  to  such  railroad  tracks.  The  occupation  of  any 
public  alley  as  aforesaid  shall  not  exceed  one-half  of  tin;  width  of  the  same. 
[ISrick,  asphalt  and  bituminous  macadam  paving  shall  be  protected  with 
wood  covering,  comjio.sed  of  one-inch  ]>lank  before  any  material  is  placed 
on  it.)  lOarlh  taken  from  excavations  and  rubbish  taken  from  buildings 
must  not  be  stored  upon  sidewalks  or  roadways  of  streets  or  alleys  and 
must  be  removed  from  day  to  day  as  rapidly  as  produced.  \Miere  dry  rub- 
bish, apt  to  i)roduce  dust,  is  being  handled,  it  must  be  kept  welted  down  so 
as  to  prevent  its  being  blown  about  by  the  wind.  For  all  buildings  more 
than  four  stories  in  height  the  use  of  derricks  set  ui)on  the  sidewalk  is  i)ro- 
hibited.  Materials  for  such  buildings  shall  be  hoisted  entirely  within  the 
inclosing  walls  of  the  same.  The  jiermission  to  occupy  streets  and  side- 
walks for  purposes  of  building  is  intended  only  for  use  in  connection  with 
the  actual  erection,  repair,  alteration  or  removal  of  buildings  and  must 
terminate  with  the  coiniiletion  of  sinli  oj)eration.  It  shall  be  unlawful  to 
occupy  any  sidewalk  or  street  or  alley  after  the  expiration  of  the  time  for 
which  a  {)erinit  has  been  issued  by  the  street  coininissioner.  It  shall  also 
be  unlawful  to  occupy  sidewalk,  street  or  alley  under  authority  of  such 
permit  for  the  storage  of  articles  not  intended  for  immediate  use  in  con- 
nection with  the  operations  for  whii-li  such  |iefinit  has  been  issued.  Red 
lanterns  shall  be  dis})layed  and  maintained  during  the  whole  of  every  night 
at  each  end  of  every  pile  of  material  in  any  street  or  alley  and  at  each  end 
of  every  excavation.  It  is  provided  that  if  the  written  consent  and  a 
waiver  of  .claims  for  damages  against  the  City  of  St.  Louis  of  the  owners 
of  the  property  abtitting  upon  the  site  of  the  proj)Osed  building  is  first 
obtained  and  tiled  with  the  strt»et  commissioner,  the  iiermission  to  occupy 
the  roailway  nuiy  be  extended  beyond  the  limits  of  such  building  ui>on  the 
same  terms  and  conditions  as  those  herein  fixed  for  the  streets  in  front  of 
the  building  sites  themselves. 

WITHDRAWAL  OF  DEPOSIT. 

Whenever  any  person  who  has  a  deposit  witli  the  city  treasurer  for 
the  pur[)Ose  of  taking  out  permits,  as  herein  described,  desires  to  withdraw 
said  deposit,  he  shall  notify  the  street  commissioner,  who  thereupon  shall 
certify  to  the  presiilent  of  the  board  of  public  imiirovements  a  voucher  for 
the  unexpended  balance  of  said  deposit;  i)rovided.  that  all  streets,  alleys  or 
sidewalks  have  been  cleaned  as  reipiired  by  this  section  to  the  satisfaction 
of  the  street  commissioner.  The  president  of  the  board  of  jmblic  improve- 
ments shall  certify  said  voucher  to  the  auditor,  who  thereupon  shall  draw 
his  warr;int  upon  the  city  treasurer  in  favor  of  said  jierson  for  saiil  amount 
standing  to  the  credit  of  the  special  fuml  i  rediied  by  the  |>aymeuts  herein 
provided,  and  shall  take  his  receipt  in  full  of  all  claims  against  the  city 
on  a. count  of  said  payiueuts.     (Ord.  21394,  amending  M.  C.  sec.  925.) 

That  portion  of  the  above  section   (929)  which  la  enclosed  In  brackets  was  not 
passed  as  a  part  of  the  Revised  Code,  but  Is  an  amendment  added  by  Ord.  No.  22S8S 


76S  REVISED  CODE  OR  GENERAL  ORDINANCES.  tCHAP.    12. 

(approved   March    13.    1907,   after   the   submission   of   the   Revised   Code   to    the   as- 
st-mbly),   too   late   to  become  incorporated   in   tliis  revision. 

Temporary  occupation  of  sidewalk  by  merchandise,  etc.  See  Rev.  Code.  sec. 
IL'IC.  A  manufacturing  company  may  make  reasonable  use  of  the  streetsfor  the  de- 
posit of  their  goods,  for  the  purpose  of  loading  or  unloading,  though  not  directly 
authorized  b.v  a  municipal  ordinance;  but  it  has  no  right  to  make  a  permanent  use 
of  the  street  for  storing  its  property,  or  to  make  such  temporary  use  as  would 
unreasonably  interfere  with  travel;  Oerdes  vs.  Iron  Co..  124  Mo.  347.  354;  Corby  vs. 
Railroad,  150  Mo.  1.  c.  469-470.  See  also  Loth  vs.  Col.  Theatre.  197  Mo.  328,  347  ei 
•ifQ.  While  it  is  true  that  sidewalks  are  intended  for  pedestrians,  it  is  also  true 
that  a  teniporar.x'  use  of  them,  for  a  reasonable  time,  for  goods  or  materials  in 
making  public  improvements,  building  houses  or  carrying  on  business,  is  a  law- 
ful use;  Hesselbach  vs.  St.  Louis.  179  Mo.  SOT).  523.  See  also  Straub  vs.  St.  Louis, 
175  Mo.  413;  Christman  vs.  Meierhoffer,  IIG  Mo.  App.  46.  51;  Frick  vs.  Kansas  City, 
117  Mo.   App.   488;  Westliche-Post  vs.  Allen.   46  Mo.   App.   181. 

As  to  when  obstructing  a  highway  is  a  nuisance,  see  note  to  heading  to  R.  C. 
Chap.  XII..  Art.  12.  sees.  584  et  seq;  see  also  what  are  proper  uses  to  which  a 
street  may  be  put.  note  to  Charter.  Art.  III.,  sec.  26.  clause  2. 

See,  929.     Ruhhish  fnmi  burned  buiUliuffs  to   be   removed, — 

Whenever  a  public  sidewalk  is  obstnieted  by  debris  or  rubbish  caused  by 
the  burning  of  any  building  it  shall  be  the  duty  of  the  owner  of  such  prop- 
erty or  his  duly  authorized  agent  to  cause  the  same  to  be  removed  within 
seventy-two  hours  thereafter;  and  all  serviceable  building  material  which 
may  be  collected  after  the  burning  of  the  building  may  be  placed  by  the 
owner  or  his  duly  authorized  agent  upon  the  street  in  front  of  such  prop- 
erty; provided,  that  in  no  ca.se  shall  the  space  thus  occui)ied  exceed  that 
permissible  in  the  preceding  section,  nor  shall  he  be  allowed  to  occupy  this 
space  for  a  period  longer  than  one  month  unless  a  building  permit  be  taken 
out  for  the  reconstruction  of  such  building,  and  a  permit  from  the  street 
commissioner  be  issued  for  the  occupation  t)f  such  street,  alley  or  sidewalk, 
(/6„  amending  M.  C„  92G.) 

See.  930.  Penalty. — Any  person,  firm  or  corporation  who  shall  vio- 
late the  provisions  of  the  last  two  preceding  sections,  or  shall  by  another 
cause  the  violation  thereof,  shall  on  conviction,  be  deemed  guilty  of  a  mis- 
demeanor and  tilled  not  less  than  five  dollars  nor  more  than  one  hundred 
dollai's,  for  each  otl'ense,  and  every  day  whereon  such  violation  shall  exist 
shall  be  deemed  a  sejiai-ate  otl'ense.     I /?*.,  amending  sec.  Hl'T.) 

See,  931,     Condemned  buihliug^s,  etc. — sale  <»f,   when In   all 

cases  where  property,  such  as  buildings,  walls,  fences,  sheds,  outhouses, 
or  other  material  obstructions,  shall  have  been  taken  or  condemned  in  any 
l)roceeding  for  the  ojiening  of  any  public  highway,  a  sale  tliereof  shall  be 
made  by  the  city  marshal,  at  public  vendue,  to  the  highest  bidder,  for  cash, 
which  shall  be  i>aid  at  the  time  of  the  sale  and  deposited  in  the  city  treas- 
ury within  two  days  thereafter.  The  conditions  of  such  sale  shall  be,  that 
fn  the  event  the  property  so  sold  shall  not  be  moved  otf  of  the  public  high- 
way within  twenty  days  from  the  day  of  sale,  the  city  marshal  shall  pro- 
ceed to  sell  the  projierty  so  previously  sold,  or  any  portion  thereof,  again, 
and  the  money  received  at  the  first  sale  shall  be  forfeited  to  the  use  of  the 
city,  without  recourse  IliiMefor,  either  l»y  luirchascr  so  neglecting  to  remove 
the  same,  his  heirs  or  assigns.     |M.  (",,  sec,  !t"JS. ) 

Sec.  932.  Streets — obstructions,  to  whom  reported. — When- 
ever it  shall  come  to  the  knowledge  of  the  street  commissioner  that  any 
street,  alley,  sidewalk,  curbstone,  avenue  or' carriageway,  which  has  beea 
duly  dedicated  or  established  according  to  law,  has  not  been  opened  or  is 
in  an.\  manner  oUslriuted,  or  that  there  are  an.\  em  roachmenfs  uiion  any 
such  |niblic  highways  within  the  city  limits,  he  may,  upon  his  own  motion, 
or  shall,  at  tlie  desire  of  any  person  interested  therein,  inform  the  board 


ART     11]  OF    CONSTRUCTION    AND    REP.UH.  769 

of  |piililii'  iiii|>rovemeiits  at  the  first  meeting  thereof,  and  if  it  shall  Ix'  found 
bv  said  board  tliat  siu'h  oponini:,  or  removal  of  ob.strui'tion  is  desirable  as 
a  matter  of  publi<'  convenience  or  necessity,  he  shall  immediately  give  the 
city  counselor  information  thereof  in  writing,  which  shall  be  accompanied 
bv    a    plat    showing    such    obstructions    or    encroacliments.      (M.   C,  sec. 

As  to  Charier  authority  concerning  obstructions,  etc.,  In  streets,  see  Art.  HI., 
sec.  26.  clause  9:  also  i4.  clause  2;  and  see  authorities  cited  In  notes  to  the  latter 
and  to  note  In  Rev.  Code  Chap.   11.  Art.   12.  under  "Nulaanecs." 

Sec.  9.'$,3.  Duty  of  city  <'Oiiiis<>l<»r. — The  city  counselor,  upon  the 
receipt  of  such  iiilormai iun  anil  plat,  shall  fortliwiih  prei>are  a  written 
order  for  the  removal  of  such  obstructions  or  eiiiToachiueuts,  which  shall 
be  signed  by  the  mayor,  and  city  counselor,  and  directed  to  the  city  mar- 
shal, who  shall  immediately  proceed  to  execute  the  same.     (M.  C,  sec.  930.) 

Sec.  934.  Notii-e  t<>  be  jjriven. — Upon  the  receipt  of  any  such  order 
so  signed,  the  city  marshal  shall  give  the  owner  or  owners  of  the  jtroperty 
fronting  upon  such  obstructions  or  encroachments  (and  the  occupant  or  oc- 
I'Uliants  thereof  if  any  be  found  thereon  i.  at  least  live  <lays'  notice  in  writ- 
ing, to  the  effect  that  if  said  obstructions  or  cncro:ichments  are  not  re- 
moved ujion  the  expiration  of  the  time  mentioned  in  said  notice,  that  tlu; 
same  will  be  removed  bv  him  at  the  expense  of  such  owners.  (M.  C,  sec. 
931.) 

Sec.  935.  Notice — by  publii'titionAvlien. — If,  after  diligent  .search, 
the  city  marshal  is  unable,  from  any  cause  to  lind  any  of  the  owners  of  the 
property  fronting  upon  any  such  obstructions  or  encroachments,  he  shall 
immediately  give  such  notice  by  publication,  for  five  consecutive  days,  iu 
the  papers  publishing  the  journal  of  the  municipal  assembly,  and  said 
notice,  when  so  published,  shall  be  directed  to  all  the  owners  of  said  prop- 
erty who  are  known  to  the  city  marshal,  and  shall  contain  a  brief  descrip- 
tiou  of  the  property  belonging  to  owners  who  are  absent  or  unknown.  (II. 
C,  sec.  932.) 

Sic.  936.  >IarshaI  when  to  remove  obstruct  ions. — If,  upon  the 
exjiiration  of  the  time  mentioned  in  such  notice  so  served,  the  obstructioas 
or  encroachim-nts  ;ue  not  removed,  the  city  marshal  shall  forthwith  pro- 
ceed to  remove  the  same,  and  the  expense  of  such  removal  shall  be  advanced 
by  the  city  out  of  a  fund  to  be  specially  set  aside  bv  ordinance  for  that 
purpose.     (M.  C,  sec.  933.) 

Sec.  937.  Special  tax  bill  to  be  issued, — As  sooti  as  the 
amount  of  the  entire  expense  of  such  removal  shall  have  been  ascertained, 
it  shall  be  assessed  in  favor  of  the  City  of  St.  Louis,  against  the  ground 
fronting  upon  the  jt>bstruction  or  encroachment,  pro  rata,  and  the  owner 
thereof,  and  a  sjiecial  tax  bill  shall  be  issued  therefor  by  the  comptroller 
and  delivered  to  the  collector  for  collection,     (M.  C,  sec.  93-t.) 

This  section  is  said  to  be  of  doubtful  validity  since  the  Charter  amendment  of 
1901,  ellmlnatlncr  portion  of  former  section  15  of  Art.  VI.  But  sec  as  to  Charter 
authority  to  remove  ohstructlons  at  expense  of  owner,  also  Art.  III.,  sec.  26, 
clause  9. 

S><'.  O.'l.s.  Police  examinations  and  reports  as  t«»  repairs  and 
cU'aninj;  by.— The  police  shall  examine  the  condition  of  the  streets  and 
alleys  wiiliin  their  respective  districts  from  time  to  time  and  report  to  the 
street  commissioner  through  the  police  commissioners  such  as  need  repair- 
ing; they  shall  also  observe  within  their  respective  districtB  the  cleaning 


770  REVISED    CODE    OR    GENERAL    ORDINANCES.  [CHAP.   12. 

of  the  streets,  alleys,  avenues,  market  places  and  public  squares  of  the 
city,  imd  report  to  the  street  commissioner  through  the  police  commis- 
sioners such  as  need  cleaning.     ( M.  C.  sec.  935.) 

Sec.  939.     Same — report  as  to   litterinj?   and   obstructing. — It 

shall  be  the  duty  of  the  police  in  their  respective  districts  to  enforce  the 
I)rovisions  of  this  article,  and  to  arrest  any  person  violating  any  provisions 
thereof.  And  it  shall  also  be  their  duty  to  promptly  report  to  the  street 
coinmissioner  any  and  all  streets  or  parts  of  streets  or  highways  upon 
which  any  article  has  been  jilaced,  spilled  or  thrown  in  violation  of  the 
provisions  of  lliis  article.  They  shall  also  examine  the  condition  of  the 
streets  and  alleys  within  their  respective  districts  from  time  to  time,  and 
report,  without  delay,  to  the  street  commissioner  through  the  police  com- 
missioners such  as  are  obstructed  in  violation  of  any  of  the  provisions  of 
this  article,     i  M.  C,  sec.  93(i.) 

See.  940.  Streets,  cleaning  —  The  work  of  sweeping  and  clean- 
ing by  machine  or  manual  labor  the  carriageways  and  gutters  of  all  streets 
and  avenues  of  the  City  of  St.  Louis,  [laved  with  granite  blocks,  vitrified 
paving  brick,  wood  blinks  or  asphaltum,  shall  be  done  by  the  st'-eet  com- 
missioner. All  exjienditures  made  under  this  section  shall  be  paid  out  of 
the  fund  set  apart  for  street  cleaning — granite  blocks,  vitrified  paving 
brick,  wood  blocks  and  asphaltum  p;nTuients.  lOrd.  20220.  amending  M. 
C,  sec.  937.) 

ARTICLE  III. 

•    '  OF    SPRINKLING.* 

•For  charter  authority  for  ordinances  concerning  sprinkling  see  Art.  VI..  sec. 
29.  As  to  the  duty  of  street  car  companies  to  sprinkle  the  space  between  the 
tracks  see  Rev.  Code  sees.   1901-1903. 

Sec.  941.  Sprinkling  contract  to  be  let. — The  board  of  public 
improvemeuts  is  hereby  authorized  and  directed  to  let  the  work  of  sprink- 
ling such  of  the  streets  and  ]iublic  places  of  the  city,  and  parts  thereof, 
as  are  the  sprinkling  districts  designated  in  this  article.      iM.  ( ".,  sec.  93S  i 

Sec.  942-1071."'  [The  .sec timrs  from  942-1071  following  in  tin'  Revised 
Code  (onstiluted  ord.  221<)r)  defining  s]ii-inkling  districts  and  streets  to  b' 
sjirinkled.  and  amended  ^L  ("..  sec.  939-9!)3  and  994-104S  inclusive.  See  note- 
below.] 

••Sfctions  943  to  1006  inclusive  of  the  Revised  Code  defines  the  sixty-four 
sprinkling  districts  into  which  the  city  is  divided;  sections  1007  to  1071  set  forth 
the  streets  and  places  to  be  sprinkled.  These  sections  were  retained  in  the  code 
at  the  request  of  the  street  department  for  convenience  of  reference,  though 
in  strictness  they  should  have  been  excluded,  since  ttiey  are  special  ordi- 
nances and  not  of  a  technical  general  nature  which  are  alone  called  for  in  a  re- 
vision. The  matter  covered  by  sections  943  to  1006  is  changed  every  year  by  an- 
nual ordinance  (in  .accordance  with  the  Charter  Art.  VI..  sec.  29).  The  ordinance 
in  the  Revised  Code  covers  the  year  1906.  and  between  the  date  of  introduction  of 
the  revised  ortlinance  and  its  passage,  a  new  ordinance  amending  every  section  of 
the  sprinkling  provisions  was  enacted  (Ord.  No.  22716.  approved  Dec.  20.  1906). 
so  that  sections  943  to  1006  as  enacted  in  the  Revised  Code  were  superseded  and 
obsolete  even  before  their  approval  as  part  of  the  revision.  In  view  of  these 
•  facts  and  especially  since  all  of  them  are  of  a  special  nature  at  all  events,  and 
not   properly  a  part  of  a  revision,   they   have  not  been  printed  in   this  volume. 

Sec.  1072.  Settings,  how  ina<Ie— <lainage  to  fire-plug. — 
Each  district  shall  be  let  sejiarately  and  the  board  of  public  improvements 


ART.    Ill  1  OF   SPRINKLING.  771 

shall  at  all  liiiii's,  so  far  as  is  pracliialili',  k-l  the  coutract  or  contracts  for 
.■iprinkliug  said  distrirts  at  one  ami  the  same  time.  The  use  of  water  from 
thu  lire  aud  sprinkliiif^  pliij^s  of  the  city  shall  be  given  to  the  contractors 
ill  the  several  districts  free  of  charge.  The  board  of  public  iiuprovenieuta 
shall  prescribe  the  rules  aud  regulations  under  which  the  tir(>  and  sprink- 
ling plugs  shall  be  used,  as  aforesaid,  which  rules  aiul  regulations  shall  be 
submitted  to  ami  ajiproved  by  the  mayor  before  they  shall  become  binding. 
The  coutractor  in  each  district  shall  be  responsible  for  any  damages  or  in^ 
juries  done  to  the  lire  i>lugs  used  by  him  or  his  employes  in  the  perform- 
ance of  his  contract.  All  repairs  of  damages  or  injuries  done  by  the  con- 
tracior  (U-  his  em|doyes  to  a  lire  plug  shall  be  nuide  by  the  water  commis- 
sioner, who  shall  certify  the  cost  of  sanu>  to  the  street  ('(unmissioiier,  whose 
duty  it  shall  be  to  deduct  this  amount  from  any  money  due  to  the  con- 
tractor for  W(M-k  |ierformed.  or  which  may  become  due  him  umlcr  his  con- 
tract, and  the  auditor  shall  transfer  this  amount  from  the  street  sprinkling 
fund  to  the  water-works  fund.  In  cases  where  it  would  nuinifestly  incon- 
venience the  city  to  allow  the  use  of  any  particular  plug  or  plugs,  as  afore- 
said, the  board  of  public  im]irovements.  with  the  approval  of  the  mayor,  is 
lierebv  authorized  to  establish  plugs  or  water  boxes  for  (he  use  of  the  con- 
tractor.    i.M.  C,  sec.  104!).) 

The  contracts  embody  a  similar  condition  as  to  deduction  for  injuries  to  flre- 
pluss,  etc.  Wliere  the  amount  to  be  deducted  for  Injuries  claimed  by  the  city 
to  have  been  done  by  the  contractor's  employes  Is  In  dispute,  an  acceptance  ot 
the  amount  tendered  by  the  city  to  be  in  full.  Is  a  settlement  with  the  contractor, 
although  he  accepts  under  protest:     PoUman  Coal  Co.  v.s.  St.  L^uis.  145  Mo.  651. 

Sec.  1073.  Spi'oiJication.s  to  bo  made. — Before  advertising  for 
bids,  the  board  of  public  improvements  shall  make  all  specifications  for  the 
contemplated  contracts,  which  shall  be  submitted  to  the  mayor  for  his  ap- 
proval.    (  M.  C,  sec.  1050.) 

Sec.  1074.     Hitls   may   be   rejected Should  the  bids  received  for 

the  afoivsaid  w<u-k  of  sprinkling  be  considered  excessive  in  price,  the  boai'd 
of  public  improvements  may  reject  any  or  all  of  them  an<I  advertise  a.gain 
for  bids  until  the  bids  made  shall  be  satisfactory  to  th(>  board.  (M.  O., 
sec.  lO.'.l.) 

Sec  .  107.5  Ciiiantity  of  water  to  he  ii.setl,  b<»\v  refjjulatetl. 
— The  amount  of  water  u.sed  and  the  manner  of  its  use,  together  with  the 
whole  work  of  s]irinkling,  shall  be  under  the  control  and  supervision  of  the 
street  commissionei-.  under  such  rules  and  I'egulations  as  may  b(!  [U'escribed 
by  the  board  of  public  improvements,  and  approved  bv  the  mavor.  (M.  (\, 
sec.  lOr.2.) 

Sec.    i(»7t>.       I'"iii|>l<).\ rs      ill      s(r<>('|       s|>i-iiikling;       <li\isi«»ii — 
liow      appointed     dii(i«'s  — («>iiiire — <|iialirM:ilioii     salari<'s— t-oii 
v«'vaiices,     «>t<'. -  Tlic  siit-et  commissioiier  is  hereby  authorized  and  may 
«iili   ilie  .-ipproval  of  the  mayoi-  appoint   the  following  subordinates  in  the 
street    sprinkling  division   i>f   the  street   ilepartment.  who  shall  hold  their  re 
s|K'ctive  ofticcs  during  the  pleasure  of  the  sti'eet   commissioner.  an<l   shall 
als4)  perform  any  service  other  than  is  provided  in  this  article,  when  so  or- 
dered by   the  sti-eet  commissioner,   to-wit :     One  superintendent  of  sprink 
ling,  who  shall  receive  a  salary  of  one  hiindrecl  and  twenty  five  dollais  per 
month,  and  shall  give  a  bond  of  twenty-live  hundred  dollai-s  for  the  faithful 
(x'rformance  of  his  duties,  w  ith  two  good  and  sufficient  securities  to  be  ap 
proved  by  the  mayor  ;ind  council,  two  special  inspectors  !it  two  dollars  and 


772  REVISED    CODE    OR    GENERAL    ORDINANCES.  [CHAP.    12. 

fifty  ceuts  per  diiy  and  also  one  clerk  at  seventy-five  dollars  per  mouth. 
The  superintendent  and  inspectoi's  shall  furnish  their  own  conveyances  and 
the  cost  of  the  subsistence  and  maintenance  thereof  shall,  when  approved 
hj  the  street  commissioner,  be  paid  out  of  the  city  treasury ;  i)rovided,  the 
same  shall  not  exceed  for  each  the  sum  of  twenty  dollars  per  month.  ( Ord. 
20531),  amending  M.  C,  sec.  WThi.) 

See.  1077.  Annual  letting.s — bond,  etc, — The  lettiugs  for 
sprinkling  the  districts  hereinbefore  established  shall  be  made  annually  on 
or  about  the  first  Tuesday  in  January,  and  shall  cover  the  work  of  sprinkling 
for  one  year,  beginning  on  the  first  day  of  Februai'y.  The  successful  bidder 
in  each  district  shall  give  a  bond  with  two  good  and  sufficient  securities, 
to  be  approved  by  the  mayor  and  council,  to  guarantee  the  city  a  faithful 
performance  of  tlie  contract.  Nothing  herein  contained  shall  be  construed 
as  preventing  any  one  person,  firm  or  corporation  from  being  awarded 
the  work  of  sprinkling  in  two  or  more  districts,  if  their  bids  shall  be  satis- 
factory to  the  board  of  public  imi)rovements.  {Ih.,  amending  ^I.  C.  sec. 
1054.)"^ 

Sec.  1078.      Street  commissioner  may    witlnli'aw    parts    of 

streets.  — The  street  commissioner  shall  have  full  power  and  authority  to 
withdraw  any  street  or  part  of  sti-eet  from  the  operation  of  this  article, 
either  for  the  whole  or  any  part  of  the  term  specified  in  this  article;  and 
in  such  case,  the  pro  rata  cost  of  the  sprinkling  thus  omitted  shall  be  de- 
ducted from  the  monthly  payments  to  the  contractor;  such  pro  rata  cost 
to  be  ascertained  by  calculating  the  length  that  the  street  so  withdi-awn 
bears  to  the  total  length  of  the  streets  covered  in  the  special  district  such 
streets  are  sprinkled  in.     (M.  C,  sec.  1055.) 

Sec.  1079.     Street  commissioner   may   witlidraw  flre-pluff-— 

The  street  commissioner  shall  also  have  full  power  and  authority  to  with 
draw  from  use  by  any  sprinkling  contractor  any  fire  plug  in  any  sprink- 
ling district ;  and  no  contractor  shall  thereafter  draw  water  from  any  plug 
so  withdrawn.     (M.  C,  sec.  1056.) 

Sec.  lOSO.  Cost,  liow  paid — form  of  tax  bill.— The  cost  of 
the  foregoing  work  shall  be  paid,  as  follows:  The  clerical  and  inspecting 
forces  rendered  necessary  by  the  execution  of  this  article  and  all  other  ex- 
penses, save  only  the  contract  price  to  the  contractor  for  sprinkling,  shall 
Ije  paid  and  borne  by  the  treasury  of  the  city.  The  contract  cost  of  the 
sprinkling  shall  be  assessed  as  a  special  tax  in  favor  of  the  city  by  the 
president  of  the  board  of  public  impi'ovements  on  the  adjoining  pro])erty. 
fronting  or  bordering  on  the  streets  and  public  places  of  the  city  and  i)arts 
thereof,  where  the  sprinkling  is  contracted  to  be  done,  in  the  proportion 
that  the  linear  feet  of  each  lot,  fronting  or  bordering  on  the  street  or  public 
place,  so  contracted  to  be  sprinkled,  bears  to  the  total  number  of  linear  feet 
of  all  projierty  chargeable  with  the  special  tax  aforesaid  in  the  territory 
embraced  liy  the  contract  under  which  said  sprinkling  is  to  be  done.  Said 
special  tax  bills  siiall  be  made  out  and  certified  to  the  comptroller  by  the 
president  of  the  board  of  ]>ublic  improvements,  and  by  the  comptroller  de- 
livered to  the  collector  of  this  city  on  or  before  the  first  Monday  in  April,  in 
each  year,  or  as  soon  thereafter  as  practicable.  Said  special  tax  bills  shall 
be  and  become  a  lien  on  the  property  charged  therewith,  from  the  first 
^tonday  in  April  of  the  year  in  which  they  are  issued,  and  they  shall  be 
prima  facia  evidence  of  the  liability  of  the  property  charged  therewith  to 


ART.   III.)  OF    SPRINKLING.  773 

the  exifiii  and  auimuu  ilaTfiii  s[PO(ilk'il,  ami  may  bi'  i-olU'c-ii-d  of  tin-  DWiier 
of  the  laud,  in  the  name  of  and  bv  the  City  of  St.  Louis,  as  any  otiier  claim 
in  any  court  of  competent  jurisdiction,  with  interest  at  the  rate  of  six  per 
centum  per  annum  from  the  lirst  day  of  May  in  each  year,  and  if  not  paid 
by  the  first  day  of  June  in  each  year,  then  at  the  rate  of  eij:ht  ])er  centum 
per  annum  from  the  lirst  day  of  .Vpril  in  each  year,  and  all  bills  iu  the 
hands  of  the  collector,  uncollected  and  unpaid  on  the  second  day  of  June 
iu  each  year,  shall  be  transmitted  to  the  city  counselor,  for  collection  l)y 
suit  or  otherwi.se.  The  said  special  tax  bills  shall  be  substantially  in  the 
followiufi  form,  and  the  si<rnature  of  the  jiresident  of  the  board  of  public 
improvenuMits  and  of  tlie  comptroller  to  said  special  tax  bills  may  be  af 
llxcd  by  a  stamji  exhibitinj,'  a  lac  simile  i)f  the  same: 


r74 


REVISED    CODE    OR    GENERAL    ORDINANCES. 


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(Ord.  20539  Amending  M.  C.  Sec.  1057). 


ART.    IV.  1  OF    NUMBKRING    HOUSES.  775 

Si'c.  1081.  t'cuitriU'l  <'o.s(  to  lie  paid  monthly.— Tin-  (routrm-t 
cost  i>(  Ilic  sprinkliiij;  shall  l>c  paid  iiioiillily  out  of  tiie  fity  ti-casiii-y  lo  tlic 
coutrai'tor,  subject  to  Ibu  leruus,  specilicalions  and  coudilions  coulaincd  iu 
each  coutract,  respectively,  and  tbe  city  treasury  sbali  be  reimbursed  for 
such  expenditures  by  tlie  proceeds  of  tiie  sjjecinl  tax  bills  af(m>said.  (M.  (J., 
see.  Uir)S.  1 

See.  lUSi'.  Temporary  rlorks  to  Ik-  oiuployi'd.— To  enable  tbe 
jiresident  of  tbe  board  of  public  iniproveinents.  tbe  comptroller  and  tbe  city 
counselor  to  carry  out  tbe  jirovisions  of  tiiis  article,  said  officers  respect- 
ively are  antbori/.ed,  with  tbe  approval  of  tbe  mayor,  lo  employ  such  tem- 
jiKiaiy  clerks  as  are  necessary,  in  their  several  departments,  who  shall  be 
jiaid  for  their  services  while  emjiloyed.  al  Ibe  rate  of  two  <lollars  and  a  half 
per  day,  and  a  limited  number  of  said  clerks,  namely  one  in  len.  shall  he 
paid  ihi'ce  diillars  per  day.     ^M.  C,  sec.  1059.) 

Airrici.i;  iv. 

OF  NUMBERING  OF  UOUSES. 

See.    108.i.     ."MaiiiuT   of    niiinbcriii*;-    in    old    cit.N    limits. — Tbe 

nnnd)erinf;  of  all  bou.ses  fronting;  on  |inlilic  slreels  in  the  limits  of  the  city, 
as  iliey  existed  pi-ior  to  the  year  one  thousand  eiyht  hundred  aud  seventy- 
six,  shall  be  iu  conformity  with  tlie  following;  rules,  viz:  First,  tbe  odd 
n\iml(ers  shall  apply  to  the  north  and  west  sides  of  Ibe  streets,  and  the  even 
numbers  shall  apply  to  the  south  and  east  sides  of  the  streets;  second,  on 
all  streets  running;  in  a  northwardly  and  southern  direction  the  numbering 
.shall  commence  witii  number  one.  at  .Market  street,  and  shall  increase 
norih  and  soutli  at  tbe  rate  of  one  hundred  nnnd)ers  for  each  block,  as 
nearly  as  the  varyinj;  series  of  streets  will  admit  of — tlius:  Arsenal  street, 
.Vrrow  street,  ("bouleati  avenue.  Market  street.  Franklin  avenue.  (Jass  ave- 
niu'.  Spring  street,  Salisbury  street,  and  their  continuations  east  aud  west 
shall  be  rectified  lines  of  uniformity  in  numbering  north  aud  south;  third, 
on  all  streets  running  in  a  wesiwardly  direction  the  numbering  shall  com- 
mence at  tbe  wharf,  and  shall  increase  going  westwardly  at  the  rate  of  one 
iiundred  nundiers  for  eaih  block  as  near  as  the  varying  series  of  streets 
will  admit  of — thus:  The  Wharf,  Third  street,  Xintli  Street,  Fourteenth 
street.  Jetferson  avenue,  (irainl  avenue,  and  their  connections  northwardly 
and  southwardly,  sliall  be  rectified  lines  of  uniformity  in  numbering  west- 
wardly; fourth,  the  general  rule  shall  be  that  one  hundred  numbers  shall 
represent  each  block  going  westwardly  from  tbe  wharf,  and  a  like  luimbor 
foi-  eaih  block  north  and  suntb  of  Market  street.  '  (M.  ('..  see.  lOtiO.  i 

Sec.  1084.     Nnmlicring — manner  of,  Uftwocn  Carondt'lrt  and 

K«>«>kuk  street. — The  numbering  of  all  houses  fronting  t>n  public  streets 
of  that  part  of  tbe  ("ity  of  St.  Louis,  between  tbe  former  southern  city 
limits  at  Keokuk  street  and  tbe  northern  limits  of  the  former  city  of  (^a 
rondelet.  and  between  tbe  wharf  and  the  western  city  limit,  shall  be  in 
confoi'Miity  with  tbe  |irovisions  of  .section  one  of  ordinance  number  five 
thousand  seven  hundred  and  one.  The  nundiering  of  all  bouses  fronting  on 
the  ]iublic  streets  of  the  former  city  of  Carondelet  shall  be  in  conformity 
Willi  the  following  rules:  First,  the  odd  numlwrs  shall  apply  to  the  north 
and  west  sides  of  tlie  street  :  and  the  even  nundiers  shall  ajiply  to  the  south 
and  east  sides  of  tbe  stre<'ts:  second,  on  .all  the  stre<>ts  running  in  a  north- 
erly and  southerly  direction,  the  nundiering  shall  be  in  numerical  continna- 


776  REVISED    CODE    OR    GENERAL    ORDINANCES.  [CHAP.    12. 

tion  of  that  of  the  City  of  St.  Louis,  north  of  the  former  City  of  Carondelet, 
as  provided  for  in  section  one  of  ordiuauce  live  thousand  seven  hundred 
and  one;  third,  on  all  streets  running  in  an  eastwardly  and  westwardiy  di- 
rection, the  numbers  shall  commence  with  number  one  hundred  at  Main 
street,  and  shall  increase  east  and  west  at  the  rate  of  one  hundred  numbers 
for  each  block  as  nearly  as  the  variations  of  the  streets  will  admit  of.  (M. 
C,  sec.  lOtJl.) 

Sec.  10S5.  Xumberinj? — in  new  limits. — The  numbering  of  all 
houses  fronting  on  jjublic  streets  in  that  part  of  the  city  situated  between 
Grand  avenue  and  its  southern  continuation,  and  the  city  limits  of  eighteen 
hundred  and  seventy-six  shall  be  in  conformity  with  the  following  rules, 
viz. :  First,  the  odd  numbers  shall  apply  to  the  north  and  west  sides  of 
the  streets,  and  even  numbers  shall  apply  to  the  south  and  east  sides  of 
the  streets.  Second,  on  all  streets  running  in  a  northwardly  and  south- 
wardly direction,  the  numbering  shall  commence  with  number  one  at  La- 
clede avenue  and  its  western  continuation,  and  it  shall  increase  north  and 
south  at  the  rate  of  one  hundred  numbers  for  eacli  block,  as  nearly  as  the 
varying  series  of  streets  will  admit — thus:  Eichelberger  street.  Arsenal 
street,  Chouteau  avenue  and  a  straight  line  running  from  the  southeast 
corner  of  Chouteau  avenue  and  Manchester  road  to  the  southeast  corner  of 
Forest  Park,  thence  along  the  south  line  of  Forest  I'ark  and  its  western 
continuation  of  the  city  limits,  Laclede  avenue  and  its  western  continua- 
tion, Easton  avenue,  Xatural  Bridge  road  and  Calvary  avenue  shall  be 
rectified  lines  of  uniformity  in  numbering  north  and  south.  Third,  on  all 
streets  running  in  a  westwardly  direction,  the  numbering  shall  commence 
with  thirty-six  hundred  at  Grand  avenue,  running  south  of  Florissant  ave- 
nue, and  shall  increase  going  westwardly  at  the  rate  of  one  hundred  num- 
bers for  each  block,  as  nearly  as  the  varying  series  of  streets  will  admit  of 
— thus :  Grand  avenue,  Bellefontaine  road,  I'^udora  avenue,  Gustine  avenue, 
Vaudeventer  avenue,  Prairie  avenue.  Morgan  Ford  road.  Tower  Grove  ave- 
nue. Park  avenue,  running  tlirough  the  subdivision  of  the  Laclede  race 
course,  Boyle  avenue,  I'endleton  avenue.  Vine  Grove  avenue,  Clarence  ave- 
nue, Gravois  avenue.  King's  highway.  Lay  avenue  and  Snead  avenue  and 
their  connections  northwardly  and  southwardly,  shall  be  rectified  lines  of 
uniformity  in  numbering  westwardly.  Fourth,  the  general  rule  shall  be 
that  one  hundred  numbers  shall  represent  eacli  block  going  westwardly 
from  (irand  avenue,  and  a  like  number  for  each  block  north  and  south  of 
Laclede  avenue.     (M.  C,  sec.  1062.) 

Sec.  1086.  Street  conmiissioner. — The  street  commissioner  shall 
establish  all  house  numbers,  and  shall  allow  one  number  for  about  twenty 
feet  of  vacant  ground,  and  he  shall  furnish  all  owners  of  houses  with  the 
information  necessary  for  them  in  phicing  tlieir  numbers  on  their  houses, 
giving  in  each  case  a  certificate  of  the  number  properly  ajijilicable  to  it. 
and  all  numbering  shall  be  done  strictly  in  conformity  with  tlie  directions 
of  the  street  commissioner.     (M.  C,  sec.  1063.) 

Sec.  1087.  Penalty  for  violation. — All  persons  owning  or  occupy- 
ing houses  are  hereby  required  to  number  their  hou.ses  in  conformity  with 
the  ju'ovisions  of  this  article,  and  any  person  who  shall  number  or  attempt 
to  number  a  house  otherwise  than  in  conformity  with  the  ju'ovisions  of 
this  article,  or  who  shall  fail  to  change  his  number,  if  wrong,  on  notification 
by  the  street  commissioner,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  fined  not  less  than  five,  nor  more  than 
fifty  dollars  for  every  offense.     (M.  C,  sec.  1064.) 


ART.    v.]  OF     STATIONArjY     AWNINGS.  777 

AKTICLE  V. 

OK     STATlON.MiV     .WVNMNnS'. 

Sec.  loss.  Stationary  awiiiii-^-,  not  iK>rniitt«><l  within  certain 
limits.  — No  stationary  awiiiiij;  shall  lie  t'lrclcil  in  (lii.s  cilv  w  iiliiii  liic  (lis 
trict  honndi'il  norili  h\  the  north  liiii'  of  \\ashint,'lon  avL-nnc.  south  by  the 
soulii  lint'  of  Walnnl  street,  east  In  the  river,  and  west  liy  the  west  line 
of  Fourt<'enth  street.  Anv  person  ereitinj;  a  siationai-y  awninj;  in  said 
district  shall  he  deenietl  guilty  of  a  misdemeanor,  and  upon  convii'lion 
thereof,  be  fined  uot  less  thau  five  dollars  for  each  and  every  day  such  sta- 
tionary awniufi  is  pei-niitted  to  remain  standing  contrary  to  the  provisions 
of  this  section;  pi-ovided.  however,  that  this  section  shall  iioi  ajijily  to  any 
pei'inaneiit  poilico  now  e.xisfinf;  at  the  main  entrance  to  any  hoiel  oi'  |i\ili- 
lie  iiall  within  sai<l    district.      (M,  C.  .sec.  106;'). ) 

An  nwning  on  a  sidewalk  In  a  city,  wlille  an  encroactiment  on  the  side- 
walk. Is  not  necessarily  an  Illegal  encroachment:  Hlsey  vs.  Mexico.  61  Mo. 
App.  248. 

Sec.  1089.     Limits  uitliin  which  ht'ivaftiT  no  awning;  to  bo 

er«M'to<l. — Ouiside  of  the  disirict  descrihed  in  the  lirst  .section  of  Iliis 
article,  as  far  as  the  north  line  of  Cass  avt'iuie,  south  to  the  south  line  of 
Chouleau  avenue,  east  hy  the  river,  and  \\'esl  liy  the  west  line  of  I'tiurleenth 
street,  no  stationary  awning  shall  hereafier  he  erected;  provided,  however, 
that  such  as  iiave  been  or  may  be  hereafter  taken  down  for  the  ])urpose  of 
repairing  or  rebuilding,  may  be  re-erected  within  si.x  months  from  the  time 
of  such  taking  down;  and  provided,  also,  that  tli(>y  shall  he  reconstructed 
with  columns,  girders  and  rafters  of  iron,  and  of  such  plan  as  may  he  a]i 
proved  by  the  linard  of  piililic  iiiiiirovempnts.     (  M.  (".,  sec.  KKUI. ) 

Sec.  UiDO.  IVrmit.N  may  Uv  };ranti'(l. — The  boiu-d  of  public  im- 
provements, subject  to  such  conditions  and  regulations  as  may  be  estab- 
lished In  ordinance,  may.  when  re(|uested,  grant  permits  for  the  construc- 
tion of  awnings  in  this  city,  ouiside  of  the  districts  pi'escribed  in  sections 
ten  hundred  and  eighly-i'ight  and  leu  hundred  and  eighlynine.  tlie  plan 
and  material  for  such  awning  to  be  ap[iro\(Ml  by  said  board.  .Vny  ]ierson 
whi>  shall  ereit  an  awning  ouiside  of  tlie  district  described  in  the  first  sec- 
tion of  this  article  witliout  permission  lirst  had  and  obtained  from  the 
board  of  public  iniproveinents,  or  who  shall  erect  an  awning  not  in  con- 
formity to  the  plan,  or  of  malerial  other  lliaii  that  a]>proved  by  the  boar<l. 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof,  be  lined 
not  less  Ihan  live  dollars  for  each  and  every  day  such  awning  is  i)ei-initted 
to  remain  stamiini:.  cimtrarv  to  ihe  provisions  of  this  section,  i  .M.  ('..  sec. 
IIKJT.) 

Sec.  1091.  ( Omlit  ions  of  g:i'ant  of  |Miiiiit.  — NH  pmnit  shall 
be  granted  for  ereciion  or  re-erection  of  any  awning  under  this  article,  ex- 
cept on  the  condition  that  the  city  reserves  the  right  on  three  inonths"  no 
tice.  to  ref|uire  same  to  be  taken  down  at  the  cost  of  the  owner,  i  M.  ('., 
sec.  IOC,"*.) 

See.  1002.  I$al<'on\  at  tlu'atrr  |M'rmitt4Ml. — N'otbing  contained  in 
this  article  shall  be  held  to  piohlbii  ilie  cicciion  and  maintenance  of  a  ]K'r- 
nianent  portico  or  balcony  at  tiie  main  entrance  of  any  theater  or  opera 
house  in  said  district;  jU'oviiled.  however,  tliat  said  jiortico  or  balcony  shall 


7jg  REVISED    CODE    OR    GENERAL    ORDINANCES.  [CHAP.   12. 

Ik'  constructed  with  iron  columns  and  on  a  i>lau  to  bp  approved  by  tlie  board 
of  pul)lic  improvements.     (M.  C,  sec.  lOGD.) 

See  R.  C.  sees.  IIS  and  1243.  .See  also  Loth  vs.  Columbia  Theatre  Co..  197 
Mo.  328,  343,  where  this  ordinance  (then  sec.  1069  of  Mun.  Code),  was  involved  In 
the  facts  before  the  court  and  its  provisions  and  validity,  slightly  discussed. 

ARTICLE  VI. 

OF  ELECTRIC  WIRES,  TUBES  AND  CABLES. 

Sec.  1093.  Conditions  of  plaeinj?  wires,  etc. — No  wires,  tubes 
or  cables  conveying  electiicity  for  the  production  of  light,  heat  or  power 
shall  hereafter  be  placed  along  or  across  any  of  the  streets,  alleys  or  public 
places  in  the  city,  by  any  per.son,  corporation  or  association  not  having, 
previous  to  the  passage  of  ordinance  number  10894.  approved  October  26, 
1892,  accepted  and  com]ilied  with  ordinance  number  12723.  now  amended,  or 
unless  duly  authorized  by  the  iininicii)al  assembly,  and  then  only  as  provided 
by  ordinance.     (M.  C,  sec.  1079.)  • 

This  section  was  part  of  Oril.  16894,  app.  Oct.  26,  1S92. 

The  right  of  a  company,  even  If  Its  charter  be  derived  from  the  state  (as 
claimed  by  the  Laclede  Gas  Light  Co.  in  this  case),  to  run  electric  wires,  etc.,  is 
still  subject  to  such  reasonable  police  regulations,  and  regulations  of  the  use  of 
the  public  streets  as  the  city  sees  fit  to  impose, amongst  others  to  require  under- 
ground wires:  Laclede  Gas  Light  Co.  vs.  Murphy,  170  U.  S.  78,  affirming  State  ex 
rel  vs.  Murphy,  130  Mo.  10:  State  ex  rel  vs.  Murphy.  134  Mo.  54S  (afterwards  over- 
ruled, but  not  on   this  point).      See  also   cases  cited  beLow. 

Telegraph  and  telephone  companies  liave  under  the  statute  a  right  to  occupy 
the  streets  in  constructing  their  lines  of  wire,  and  with  the  consent  of  the  city 
to  lay  the  same  under  ground,  and  the  city  may  contract  with  them  as  to  the 
conditions  of  its  consent,  which  are  then  binding  upon  it;  the  city  in  granting 
a  company  the  right  to  such  underground  conduits  acts  in  its  proprietary  capac- 
ity under  the  Charter.  Although  the  telegraph  company  is  not  strictly  a  com- 
mon carrier,  the  use  of  the  streets  by  such  a  company  is  a  public  use,  not  incon- 
sistent with  the  purposes  a  highway  is  intended  to  be  used  for,  and  the  city 
may  require  it  to  permit  other  companies  engaged  in  a  similar  business  to  lay 
their  wires  in  its  subway:  State  ex  rel  Subway  Co.  vs.  St.  Louis,  145  Mo.  551 
(overruling  State  ex  rel  vs.  Murphy,  134  Mo.  548).  That  the  erection  and  main- 
tenance of  electric  contrivances,  telegraph  and  telephone  poles  and  wires,  on  the 
streets,  subject  to  all  reasonable  regulation  and  control  by  the  city,  is  a  proper 
use  to  which  the  streets  may  be  put,  and  not  a  diversion  to  improper  purposes, 
has  been  frequently  held:  Julia  Big.  Assn.  vs.  Bell  Tel  Co..  88  Mo.  258;  St.  Louis 
vs.  W.  U.  Tel.  Co.,  149  V.  S.  465,  467  (construing  St.  Louis  Charter);  W.  U.  Tel.  Ca 
vs.  Guernsey  Light  Co..  46  Mo.  App.  120;  Gay  vs.  Mut.  Un.  Tel.  Co..  12  Mo.  App. 
4S5  (holding  that  ordinarily  property  owners  cannot  complain);  Forsythe  vs.  B. 
&  O.  Tel..  12  Mo.  App.  494  (no  right  to  erect  unsightly  poles)  ;the  regulations  by 
the  city  must  be  reasonable;  State  ex  rel  vs.  Flad.  23  Mo.  App.  185;  Hannibal  vs. 
Tel.   Co.,   31   Mo.   App.    23. 

The  city  may  exact  a  charge  in  the  nature  of  rental  from  telegraph  companies 
for  the  occupation  of  its  streets  by  telegraph  poles:  St.  Louis  vs.  W.  U.  Tel..  149  U. 
S.  465;  s.c.  148  U.  S.  92;  Lancaster  vs.  Briggs,  118  Mo.  App.  570;  provided  said  charge 
is  not  so  unreasonable  as  to  operate  to  impair  theobligations  ofcontract:  St.  Louis 
vs.  W.  U.  Tel  Co..  63  Fed.  68,  affirmed  166  U.  S.  388.  But  while  the  city  may  regu- 
late the  use  of  the  streets  as  to  telegraph  or  telephone  poles,  wires,  etc.,  it  has 
not  the  right  under  its  charter  to  fix  the  charges  to  be  made  by  telephone  com- 
panies: 'st.  Louis  vs.  Bell  Telephone  Co.,  96  Mo.  623  (see  R.  C,  sec.  1195,  seeking 
to  reserve  such  right);  and  even  an  express  charter  provision  to  that  effect 
would  confer  no  such  right:  State  ex  rel  vs.  Telephone  Co..  189  Mo.  83.  See  fur- 
ther as  to  right  to  contract  for  the  use  of  the  streets  by  telephone  company: 
California  vs.  Telephone  Co.,  112  Mo.  App.  722:  Lancaster  vs.  Briggs,  118  Mo.  App. 
570.  And  as  to  rights  of  cities  and  telephone  companies  over  conduits  and  man- 
holes in  the  streets  see  Mo.  Ed.  Elcc.  Co.  vs.  Weber,  102  Mo.  App.  95.  with  discus- 
sion of  cases  on  the  subject. 


ART.   VI.  1  OF    ELECTRIC    WIRKS,    TUBES    AND    CABLES.  779 

As  to  the  law  governlngr  liability  of  an  electric  light  company  for  Injurle.i 
resulting  fro^ii  Its  wires  on  the  piiblie  streets  or  alleys  see  Gannon  vs.  Laclede 
Gas  Light  Co..  145  Mo.  502;  WInkelmann  vs.  Elect.  L.  Co..  112  Mo.  App.  184; 
GeUmann  vs.  Electric  Light  Co.,  173  Mo.  G54. 

Where  the  city  by  an  ordinance  gives  Its  consent  to  a  company  to  use  the 
street  by  laying  a  conduit  for  convoying  electricity,  for  a  certain  amount  semi- 
annually, and  then  refuses  to  permit  such  use  because  It  Is  claimed  the  ordinance 
Is  void.  It  cannot  claim  the  consideration  during  the  time  It  so  prevents  the  com- 
pany from  using  the  street,  although  the  supreme  court  during  that  time  holds 
such  ordinance  void,  afterwards  overruling  such  holding  and  declaring  It  valid 
and  enforcing  the  company's  right:     National  Subway  Co.  vs.  St.  Louis,  169  Mo.  319. 


usual  manner: 


Sec.  1004.  .Planner  ol  placing  to  Uv  [iiescrilKMl  l>>  l>oai<l  of 
piiblif  iiiiprovfiiKMits. — All  wires,  tulies  or  cnbles  "•oiidin'tino:  or  tnuis- 
iniiiiiii;  I'lcciriciiv  aloiij;  or  across  iVji.v  street,  alley  or  imblic  jilaee  of  the 
City  of  St.  Loiii.s,  wliitli  ai"e  to  be  plated  above  the  suirace  of  the  }j;i"oiind, 
sliall  Ite  secured  and  placed  in  sni'li  iiianuer  as  the  hoard  of  inihlic  iiiiiirove- 
nieiit.s  may  prescribe.     [M.  ('..  sec.  IdTl.) 

Part  of  ordinance  1S6S0.  Prior  to  Ord.  1S157  this  section  read  "all  such  wires, 
tubes,"  etc  but  the  word  "such"  was  therein  and  In  subsequent  amendments 
omitted.      See  R.  O.,  1892.  sec.  604. 

See.  1095.  Uii(lerj;:r<Miii(l  tlistrict. — No  wires,  iiilus  or  cables  cou 
diictinj;  or  ti'ansinittin;;  electricity  siiall  be  placed  ahoNC  the  surface  of 
any  street,  alley  or  public  jilace  in  that  part  of  the  city  bdiinded  on  the  east 
by  the  Mississippi  Kiver,  on  the  west  by  the  west  Hue  of  Twenty -second 
street,  on  the  north  by  the  uorth  line  of  Wash  street,  on  the  south  by  the 
8outli  line  of  Spruce  street,  and  its  prolongation  to  the  west  line  of  Twenty- 
.secoiid  street,  after  the  thirty-fii-st  of  December,  eighteen  hundred  and 
nliK'tyeight.  <'xcept  conductors  ])laced  inside  of  jiosts  or  brackets  used  in 
coiinecliii};  lam|)s  or  signal  boxes  on  streets  with  niidcrgrinind  conductors; 
and  except,  also,  such  poles,  wires,  cables,  lubes  and  oilier  electrical  con- 
ductors, as  may  l)e  necessary  and  ronvenient  for  local  distribution;  jiro- 
vidcd.  however,  that  such  poles  may  be  erected  in  alleys  only;  and  jiro- 
vided  fliat  |)lana  and  si»ecifieations  therefor  shall  l)e  apjuoved  by  the  board 
of  public  imjirovements.  and  a  permit  therefoi-  issued  l)v  said  board.  ( M.  C, 
.«iec.  1072.^ 

This  and  following  sections  (to  HIT  Inclusive),  are  the  provisions  of  Onl.  18680 
known  as  the   "Keycs  Ordinance"    (approved   Sept.    8.   1896). 

Ordinance  21046.  approved  March  10.  1903.  amended  by  Ord.  22194.  approved 
Jan.  30.  1906.  relates  specially  to  the  Western  Union  Telegraph  Co..  and  the 
Po.stal  Telegraph  Cable  Co..  and.  .so  amended.  Is  as  follows  (the  amended  sections 
being  two  and  five,  and  the  sections  of  the  Mun.  Code  referred  to  In  sec.  I  cor- 
responding to  R.  C,  sees.  1095.  1096.  1097.  1098  and  In  sec.  2  corresponding  to  R. 
C.  see.  1102  and  the  reference  to  Art.  and  Chapter  being  same  as  In  R.  C): 

Whereas,  on  or  about  the  time  ordinance  number  eighteen  thousand  six  hun- 
dred and  eighty  became  a  law  and  operative,  the  Western  Union  Telegraph  Com- 
pany and  the  Postal  Telegraph  Cable  Company  failed  to  comply  with  all  of  the 
conditions  re-iulred  of  them  under  ordinance  number  eighteen  thousand  six  hun- 
dred and  clght.v.  as  they  contended  that  one  provision  was  unreasonable,  and  that 
the  jnatter  was  before  the  supreme  court  of  the  United  .States,  and  as  the  said 
court  sub.*equently  so  construed  the  said  provision,  and  the  said  provision  was 
amended  to  make  Its  requirements  reasonable,  but   in   the  meantime  the  Western 


780  REVISED    CODE    OR    GENERAL    ORDINANCES.  [CHAP    12. 

Union  Telegraph  Company  and  the  Postal  Telegraph  Cable  Company  were  denied 
the  privileges  and  requirements  of  ordinance  number  eighteen  thousand  six  hun- 
dred and  eighty;  therefore, 

Be  It  Ordained  by  the  Municipal  Assembly  of  the  City  of  St  Louis,  as  follows: 

Section  One.  The  Western  Union  Telegraph  Company  and  the  Postal  Tele- 
graph Cable  Company,  corporations  doing  business  and  occupying  the  streets  and 
alleys  of  St.  Louis  with  their  poles  and  wires,  are  hereby  exempted  for  a  period 
of  one  year  after  the  passage  of  this  ordinance  from  the  penalties  fixed  by  sec- 
tions Ten  Hundred  Seventy-two,  Ten  Hundred  Seventy-three,  Ten  Hundred  Sev- 
enty-four and  Ten  Hundred  Seventy-five  of  the  Municipal  Code  of  St.  Louis. 

Section  Two.  The  Western  Union  Telegraph  Company  and  the  Postal  Tele- 
graph Cable  Company  are  hereby  authorized  and  directed  to  file  the  fifty  thou- 
sand dollar  bond  and  the  acceptance  specified  in  section  ten  hundred  and  seven- 
ty-nine of  the  Municipal  Code  of  St.  Louis,  relating  to  telegraph  companies,  which 
said  bond  shall  contain  the  conditions  required  in  said  section  ten  hundred  and 
seventy-nine,  and  also  a  further  clause  that  the  giving  of  the  said  bond  by  the 
Western  Union  Telegraph  Company  or  by  the  Postal  Telegraph  Cable  Company, 
as  the  case  may  be,  shall  not  be  considered  as  a  waiver  of  any  of  the  rights 
of  said  company  under  and  by  virtue  of  a  certain  decision  of  the  supreme  court 
of  the  United  States  in  a  certain  cause  wherein  the  City  of  St,  Louis  was  plaintiff 
and  the  Western  Union  Telegraph  Company  was  defendant,  reported  in  the  one 
hundred  and  sixty-sixth  volume  of  the  United  States  Supreme  Court  Reports  at 
page  three  hundred  and  eighty-eight.- which  said  decision  affirmed  the  decision 
in  the  same  case  in  the  United  States  Circuit  Court  for  the  Eastern  Division  of 
the  Eastern  District  of  Missouri,  reported  in  the  sixty-third  volume  of  the  Fed- 
eral Reporter  at  page  sixty-eight,  in  which  it  was  ruled  that  a  certain  charge 
of  five  dollars  per  pole  on  the  poles  of  the  said  defendant  company  was  unrea- 
sonable. 

Section  Three.  Upon  the  filing  of  the  bond  and  acceptances  specified,  the 
Board  of  Public  Improvements  is  authorized  and  directed  to  consider  such  appli- 
cation as  the  aforesaid  companies  may  make,  and  grant  such  permits  as  are  au- 
thorized in  Article  Six.  Chapter  Twelve  of  the  Municipal  Code  of  St.  Louis,  and 
in  the  manner  therein  set  forth. 

Section  Four.  From  and  after  one  year  from  and  after  the  date  of  approval  of 
this  ordinance  the  provisions  of  the  Municipal  Code  of  St.  Louis  shall  become  of 
full  force  and  effect  and  the  Western  Union  Telegraph  Company  and  the  Postal 
Telegraph  Cable  Company,  their  resident  officer,  manager  and  employes,  their 
wires  and  equipment  in  the  City  of  St.  Louis  shall  be  subject  to  the  penalties  fixed 
in  the  penal  sections  of  Article  Six.  Chapter  Twelve  of  the  Municipal  Code  of 
St.  Louis. 

Section  Five.  All  periods  of  time  stated  in  .\rticle  Six  of  Chapter  Twelve  of 
the  Municipal  Code  of  St.  Louis  and  in  ordinance  number  twenty-one  thousand  and 
forty-six.  so  far  as  the  same  may  be  applicable  to  tlie  said  Western  Union  Tele- 
graph Company  and  the  postal  Telegraph  Cable  Company  shall  date  from  the 
approval  of  this  amendatory  ordinance  in  the  same  manner  as  set  forth  in  said 
Article  six  of  Chapter  Twelve  of  the  Municipal  Code  of  St.  Louis,  and  in  ordinance 
number  twenty-one  thousand  and  forty-six. 

Sec.    101(6.     Penalty  for   plafinj?  wire,   etc.,    above    surface. 

— Ally  jiPrson  or  iicisoiis.  cdriidral  inn  or  associiiTioii,  jil;uin>>'  any  wires, 
tubes,  cables,  poles  or  other  ai)iiaratus  tor  conducting  or  transmitting 
electricity  above  the  surface,  along  or  across  any  street,  alley  or  jmblic 
place  in  the  aforesaid  territory  after  December  31,  1898.  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  tiued  not  less 
than  ten  nor  more  than  five  hundred  dollars,  and  each  and  every  wire,  tube 
or  cable  over  each  and  every  street  for  each  and  every  &d\  shall  constitute 
a  sejiarate  otfense.     (M.  C,  sec.  1073.) 

Sec.  1097.  Wires,  etc.,  when  deemed  obstruction. — All  con- 
ductors, poles  and  other  apparatus  used  for  conducting  or  transmitting 
electricity  along  or  across  any  street,  alley  or  public  place  in  the  sei'tiou  of 
the  city  described  in  section  \(V.)T),  after  December  31,  ISt'S.  shall  be  deemed 
an  obstruction  to  and  encroachiiicnl  on  the  public  highways,  except  those 
used  by  street  railways,  as  now  aullioiized  by  sjiecial  ordinance.-  ( M.  C, 
sec.  1074.) 


AliT     VI.)  OF    ELECTRIC    WIRES.    TLBICS    AND    CABLES.  781 

Spo.  109S.  I'»'ii;ill_\  lor  tailiii*'  lo  |>l;i<'«'  \>ir«'s,  «•<<•.,  iiiuler 
<ri'«Min<I.  — Aii.v  jn'i-soii.  or  ihtsoii.s,  coriioratioii  ur  associatiDii  owning  or 
ii.siii;;  wires,  tiil)f.s  or  cabit's  for  tlu'  purposi'  of  coiKiiK-tinj;  or  transniittiug 
clcctricitj-  above  the  surfare  of  and  aloiiji  or  across  any  street,  alley  or 
pnlilie  place,  within  the  (li.slricr  delined  in  section  ten  hundred  and  ninety- 
tive.  who  shall  ]ierniil  the  same  to  remain  above  the  .sufl'ace  of  said  streets, 
alleys  or  |>nblic  places  aftei-  Ilecember  ."U.  IS'.IS.  shall  be  deemed  ;;uilty  of 
.•1  misdemeanor,  and  upon  convicliun  theretoi'  siiall  be  lined  not  less  than  len 
nor  more  than  one  hundred  di>llars,  and  each  and  every  wire  over  each  and 
every  street,  aHey  oi-  jmbiic  place,  shall  consiitute  a  sejiarale  olVense  for 
each  and  every  day  liiai  said  wires,  lubes  oi-  cables  are  permilted  to  remain. 
I  .M.  •'..  sec.  107.").  i 

Sec.  lt)9!).     IVriiiit  to  place  wiros,  otc,  uiulor  frroiiiHl  rcciuirtMl. 

— Any  j)erson  or  persons,  m  any  r<prp(iral  ion  or  association  wiiiiji  is  now 
anthiu-ized  by  its  charter  or  which  may  be  authorized  by  its  charter  within 
ninety  days  after  the  passajje  of  ordinance  number  ISliSO  to  operate  wires, 
lubes  or  cables  conducling.  transmitting  or  employing  electricity  for  jjublic 
use.  and  desiring  to  place  said  wires,  lubes  or  cables  undei-  Ihe  surface  of 
any  of  the  streets,  alleys  or  public  places  of  Ihe  city,  is  hei'cliy  atithorized 
after  the  exjiiralion  of  ninely  days  fi'om  Ihe  approval  of  ordinance  number 
ISti80  to  consiruci  umh'rground  conduils  and  to  place  and  operate  wires, 
lubes  and  cables  tlierein.  but  must  a]>ply  for  and  receive  from  the  board 
of  public  improvements  a  permit  to  construct  sucli  conduits,  ducts,  man- 
holes, and  other  appurtenances  as  may  be  recjuired  for  placing  said  wires, 
lubes  or  cables  underground;  said  application  to  he  accompanied  iiy  full, 
general  and  detaih'd  plans,  showing  the  route,  capacity  and  dimensions  of 
said  conduils,  <inits.  inanlmlcs  and  oilier  a|ipurtenances.     i  M.  <"".,  sec  lilTfi.) 

See.  1100.  ('»>iisi(l«>ration  «>r  iii:iniu>r  <»f  placing  wires,  etc., 
iiiulerjjrouiul  b.v  l>oar<l4»r  public  ini|>r4»veiiieiits. — The  board  of  pub- 
lic iiii]iro\eiiienls  is  hereby  aulhorizcd  and  direcicd  ujion  receipt  of  any  ap- 
plicalion.  inadc  as  jirovidcd  in  .section  III'.IJI,  or  ii[ion  ils  own  motion,  to 
designate  a  day.  which  shall  be  not  nioi'c  Ihan  ninely  days  aflei'  Ihe  ap])roval 
iif  ihis  amendatory  ordinance,  on  which  ihey  will  consider  the  matter  of 
constructing  conduits,  ducts,  inardudes  and  other  ai>purlenances  in  the 
streets,  alleys  and  public  places  named  in  said  application  or  motion,  and 
shall  give  tifteen  days"  public  notice  by  advertisement  in  the  city  daily 
papers  of  the  time  and  place  and  object  of  their  meeting,  and  of  the  streets 
to  be  considered,  and  on  such  day  all  parties  inlerested  may  apjiear.  and 
any  person  or  jiersons.  corporal  ion  or  association  specitiiMl  in  section  10!l!t. 
desiring  lo  construct  a  conduit  on  any  street,  alley  or  public  place  named 
in  the  advertisement,  shall  at  that  time  pre.sent  in  writing,  with  plans  and 
details,  a  statement  of  their  requirements.  After  said  hearing  the  board  of 
public  improvements  shall  consider  all  of  the  ai)plications,  statements, 
plans  and  details  i>resented.  and  examine  into  the  space  available  for  con- 
duits or  duels  under  the  streets,  alleys  ami  public  j)laces.  named  in  the  ad- 
vertisement, and  shall  decide  \ipon.  ])repari'  and  approve  such  plans,  details, 
construction,  conduits,  dtn-ts.  manholes,  materials  ;ind  comlitions  as  in  their 
opinion  the  public  interests  seem  to  demand,  and  shall  include  in  the  plans 
such  ducts,  manholes  and  a|)purtenances  as  the  city  may  require  for  its  po- 
lice and  fire  alarm  circuits  and  telephone  service,  said  ducts,  manholes  and 
appurtenances  as  the  board  may  provirle  for  the  use  of  the  city,  to  be  con- 
structed an<I  mainlained  by  th(>  p.'irlies  receiving  the  jiermit,  and  to  be  used 
by  the  city  free  of  charge  or  cost  of  any  kind.  Where  more  than  one  appli- 
cation, statement  or  [)lan  is  presented  to  the  board  of  public  improvementH 


782  REVISED    CODE    OR    GENERAL    ORDINANCES.  [CHAP.   12. 

lor  fuiiduits,  ducts  or  uianholes  on  any  street,  alley  or  public  place,  said 
board  shall  La\e  jiower  to  compel  such  ajiplicants  to  build  and  maintain 
joint  conduits,  and  in  case  the  construction  thereol'  involves  a  joint  outlay, 
and  in  case  of  disagreement  among  interested  parties,  said  board  shall  ap- 
l)ortion  the  expense  of  the  construction  and  maintenance  of  such  conduits, 
ducts,  manholes  and  appurtenances  as  may  be  jointly  constructed  by  two 
or  more  applicants.     (M.  C,  sec.  1077.) 

See   where   two   companies  jointly    oonstrueled    and    used   conduit;      Wagner   vs. 
Ed.   Bl.  Co.,    ITT   M(i..   44,   49. 

Sec.   1101.     A\'lit'ii   pcr.soii.s   or   corporations   iisiii<>-   wire   ox- 

elutletl,  etc. — AH  persons,  corjioratious,  or  associations  which  fail  to  ap- 
pear on  the  day  and  at  the  time  designated,  and  submit  applications  above 
stated,  or  fail  to  accept  in  writing  the  apportionment  of  costs  made  by  the 
board  of  public  imjirovements,  or  fail  to  deposit  with  the  city  treasurer 
the  amount  required  by  section  tl2()  within  ten  days  after  notice  from  said 
board  as  to  its  finding,  shall  be  excluded  from  all  right  or  privilege  to  ob- 
tain under  this  article,  conduit,  duct  or  manhole  facilities  in  the  streets,  al- 
leys or  public  places  named  in  the  advertisement  insofar  as  such  streets, 
alleys  and  public  places  are  within  the  territory  defined  in  section  1095, 
but  shall  not  be  excluded  from  such  privileges  in  such  portions  of  such 
streets,  alleys  and  public  places  as  are  outside  the  limits  of  such  territory, 
nor  in  such  streets,  alleys,  and  public  places  within  said  territory  as  are  not 
included  in  said  advertisement,  and  no  i)erson  or  corjioration  shall  hereafter 
obtain  a  permit  under  this  article  from  the  board  of  ])ublic  improvements 
for  conduit  privileges  within  such  portions  of  the  streets,  alleys  and  public 
jilaces  named  in  said  advertisement  as  are  within  said  territory  defined  in 
section  1095.  But,  in  reference  to  all  streets,  alleys  or  public  places  which 
have  not  been  assigned,  or  which  having  been  assigned,  and  are  not  occupied 
as  herein  jirovided,  the  board  of  public  improvements  may  proceed,  and  such 
persons,  corporations  or  associations  as  are  specified  in  section  1(199,  may 
make  ai)iilication  and  may  acquire  rights  at  any  time  hereafter,  in  the  man- 
ner anil  subject  to  the  same  obligations,  duties  and  conditions  provided  in 
tiiis  article.     (M.  (".,  sec.  1078.) 

Sec.  11(12.     Permits  to  construct,  alter  or  repair  iiiidersroiuid 

conduits,    etc.,    conditions The    board    of   public    improvements    is 

hereb.\  authorized  and  directed  to  grant  permits  to  construct,  alter  or  re- 
pair conduits,  ducts,  manholes  and  other  appurtenances,  under  the  surface 
of  any  street,  alley  or  ])ublic  place  within  the  city  and  to  string  wires,  tubes 
and  cables  therein  for  conducting  or  transmitting  electricity,  under  the 
terms  and  in  accordance  with  the  jn-ovisions  of  this  article,  to  any  person 
or  jiersons,  cor]ioration  or  association  furnishing  or  using  electricity  for 
public  use,  on  coni])liance  by  such  jierson,  persons,  corjxiration  or  associa- 
tion with  the  terms  and  conditions  of  this  article,  and  article  eight  of  this 
clia|)ter,  and  all  other  ordinances  in  force  at  such  time;  jirovided  that  such 
person  or  jiersons,  corporation  or  association  shall  file  with  the  city  register 
a  jienal  bond  in  (he  sum  of  fifty  thousand  dollars,  with  two  or  more  good 
and  sufficient  securities",  approved  by  the  mayor  and  council,  conditioned 
that  the  conduits,  ducts,  manholes  and  other  appurtenances  shall  be  con- 
st rncled  in  strict  accordance  with  the  plans  appro\ed  by  the  board  of  jmblic 
imiirovements  and  that  the  city  shall  be  held  harmless  from  all  suits  foi- 
damages  which  may  ai-ise  from  the  consti-nction  of  s.iid  conduits,  ducts, 
manholes  and  other  aiqturtenances ;  and  conditioned  further  that  such  per- 
son or  pei'sons,  coi']ioration  or  association,  their  assigns  or  successors,  shall 
faithfully  comjiiy  with  all  the  terms  of  this  article  and  chapter  and  with 


ART.   VJ.l  OF    ELECTRIC    WIRES.    TUBES    AND    CABLES.  783 

all  ordiuaiici-.s  ;iii(l  laws  iiuw  in  I'orcr,  uf  wliicli  may  lie  liereufter  euat-ted, 
(.ttui-erniiit;  roiuhiils,  ilucts  or  other  a|i|iiirtt'iiaii«t's  or  uiKlcr^M-oiiiid  wires. 
Sm-li  bonds  shall  be  renewed  from  time  to  time,  whenever  I  he  mayor  may 
so  (.rder,  as  a  londitiou  of  the  eonliiuied  use  of  the  eonduit  iirivile','es  ob- 
tained nndiT  this  rliapler.  and  any  refusal  to  renew  a  liun<l  when  so  ordered 
shall  l\«rl<>it  all  ri^'hts  here\inder.     iM.  ("..  see.  1079.) 

See.  1U);5.  IVnalty  wiu'ii  no  |K-iniit  olttiiiiu»«l.  — Any  piisun  or 
|iersons.  ((priioiation  or  association,  who  shall  sirinj;,  or  eanse  to  be  strung, 
any  wire,  tube  or  eable  above  or  beneath  the  sni'faee  of  an.\  sli-eet,  alley  or 
imlilic  ](laee  without  a  iiermil.  shall  be  deemed  j;iiilt.\-  of  a  misdemeanor, 
and  on  eonvietion  thereof  shall  be  fined  not  less  than  lifiy  dollars  nor  more 
than  live  hundred  dollars.     (M.  ('.,  see.  KISD.) 

See.    1104.     City's    riylit    to    |nir<-li:isc    <«nMlui(s  — metlio<l    of. 
— Ttie  eily  reserves  the  lijjht   to  purehase  at  any   lime  afli'r  the  expiration 
of  lifteen  years  from  the  dale  of  the  aiijiroval  of  this  ordinance  all  of  the 
eontluits  or  duets  constructed  by  any  person  or  com|iany.  under  authoi-ity 
from   the  city   by   pursuiuj;   the   following   method:      I'pon   the   passage  of 
au  ordiuauee  authorizing  the  i)urehase  of  any  or  all   of  said  conduits  or 
duels,   the  mayor,  eoinplroller.   president  of  the  board  of  ])ublic   improve- 
ments  (or  a  majority  of  theini.  may  at  any  time  give  tiiirly  days"  notice 
in   wriiing  to  any  owuer  or  occujiant   of  any  conduit   or  duct  const rncted 
uinler  authtu-ity  of  the  city,  of  intention  to  jiurchase  the  whole  or  any  part 
of  such  conduit  or  duct,  at  a  valuatiiui  to  be  jdaced  Ihereou  by  three  arbi- 
trators, one  to  be  chosen  by  the  mayor  of  the  city,  and  to  be  named  iu  such 
notice,  one  to  be  chosen  by  sucii  owner  or  occupant  and  to  be  designated 
in  writing  to  the  city  within  ten  days  after  the  service  of  such  notice,  and 
the  third   to  be  chosen  by   the  two  so  chosen   on   tlu'   twentieth   day   after 
the  service  of  such   notice,  or  in   the  event  of  their  failure  or  refusing  to 
so  choose  the  third  arbitrator  on  said  twentieth  day.  then  such  third  arbi- 
trator to  be  apjiointed  within   five  days  thereafter  by  the  ]>residing  judge 
of  the  St.  Louis  Circuit  Court.    The  arbitrators  shall  meet  at  the  mayor's 
office  in  the  city  on  tiie  thirty-first  day  after  the  service  of  said  notice,  and 
after  duly  f|ualifying  shall  jn-oceed  without  unnecessary  delay  to  ascertain 
and  determine  the  value  of  the  conduit  or  duct   or  jiart  thereof  desired  to 
be  [Mii-chased  and  descrilied  in  such  notice,  and  they,  or  a  majority  of  them, 
shall  sign  an  aw;ird  specifying  sm-Ji  valuation,  one  cojiy  to  be  tiled  with  the 
city  register  and  one  copy  to  be  mailed   to  the  owner  or  occupant   of  the 
conduit  or  duct  or  part  thereof  to  be  |:urcha.sed,  at  liis  or  its  last  kmjwn 
address  in  the  city,  and  each  of  the  parties  to  such  arbitration  shall  ])ay 
one-half  of  the  arbitrator's  fees,  whi<h  sli.-ill  not  exceed  fifty  dollars  a  day 
for  each  arliitrator  actually  employed,  immediately  upon  I  he  making  of  the 
award,  and   if  not   so  jiaid   the  same  may  Ik-  sued   for  \>y  sucli  .-irbitralors. 
each  for  himself,  and  recovered  in  any  courl  of  general  jurisdiction  in  the 
city.     After  the  filing  of  such  award  the  city  shall  within  ninety  days  pay 
to  such  owner  or  occupant  or  into  the  Circuit  Court  of  th(>  city  for  his  oi-  its 
use,  if  lie  or  it  refuse.'!  to  receive  the  same,  the  amount  of  such  award,  and 
ni;iy  thereupon  take  possession  of  such  conduit,  duct  or  part  thei-e<if.  and 
shall  then  U-  and  becnme  the  owner  thereof,  and  all  rights  of  such   former 
owner  or  occupant  thereto  or  therein  shall  immediatelv  cease  and  determine. 
(M.  C.  sec.  1  OS  1.1 

•S.'c.  110.1.  CoiKliiits,  <>t<'.,  to  l»e  iiiaiiitaliKMl  witlHtiit  <'os(  to 
city.  —  All  concliiiis.  (Incis.  manlixics  ami  uiImt  appinicii.iincs  shall  be 
maintained  by  the  owners  thereof  without  cost  to  the  citv  and  to  the  satis- 


784  REVISED    CODE    OR    GENERAL    ORDIXANCES.  [CHAP.    12. 

faction  of  the  board  of  public  improvements;  failing  such  maintenance  by 
the  respective  owners,  the  said  board  may  ordei'  any  work  done  which  it 
may  deem  necessary  for  the  proper  maintenance  at  the  cost  of  the  owners, 
and  failure  by  the  owner  to  jtay  such  cost  shall  constitute  a  breach  of  the 
bond  provided  in  section  eleven  hundred  and  two.     (M.  C,  sec.  1082.) 

See  Mo.  Ed.  Elect.  Co.  vs.  Weber,  102  Mo.  App.  95,  101.  This  case  also  holds 
that  the  company  using  conduits  by  the  city's  permission  and  constructed  in  ac- 
cordance with  the  ordinances  need  build  its  manholes  in  the  streets  only  of  suf- 
ficient strength  to  bear  such  weights  as  they  may  be  subjected  to  when  the  street 
is  used  for  ordinary  and  proper  street  purposes;  and  that  it  unusual  and  extraor- 
dinary use  results  in  the  destruction  of  the  manholes,  the  party  causing  the 
damage  is  liable. 

Sec.  1106,     City  to  control  t'omliiits,  etc. — may  order  changes, 

etc. —  The  city  shall  at  all  times  throuf^h  the  board  of  public  improvements 
have  the  right  to  inspect,  superintend  and  control  the  construction  of  con- 
duits, ducts,  manholes  and  other  appurtenances  constructed  under  this 
chapter,  and  the  city  reserves  the  right  from  time  to  time  to  order  an^ 
changes  to  be  made  either  in  the  construction,  material  or  manner  of  main- 
taining the  same,  or  in  the  location  in  the  street.  All  such  changes  or  al- 
terations shall  be  made  by  the  owner  without  expense  to  the  city,  and  if 
any  person  or  persons,  corporation  or  association  fails  to  comply  with  any 
ordinance  directing  such  changes  within  such  time  as  may  be  specified  there- 
in, then  said  board  may  cause  such  change  or  alterations  to  be  made  by  the 
city  and  the  owner  of  the  conduits  or  other  appurtenances  so  changed  or 
altered  shall  pay  the  cost  thereof  on  demand  by  the  city  comptroller.  Fail- 
ure to  make  such  payment  when  so  demanded  shall  constitute  a  breach  of 
the  bond  of  such  owner  and  shall  forfeit  all  the  rights  and  privileges  hereby 
granted,     (M.  C,  sec.  1083.) 


Sec.  1107.     Streets  to  be  restored  to  good  conditi<ni— penalty. 

— Whenever  any  portion  of  any  streets,  alley  or  other  public  i)lace  shall 
be  torn  u\)  or  disturbed  by  the  construction,  alteration,  repair  or  main- 
tenance of  any  conduit,  duct  or  manhole  or  other  appurtenance,  it  shall  be 
the  duty  of  the  person  or  persons,  corporation  or  association  upon  the  com- 
pletion of  such  work,  and  whenever  ordered  to  do  so  by  the  street  commis- 
sioner to  immediately  restore  such  street  to  its  original  condition  without 
cost  to  the  city.  Any  failure  to  comply  with  this  section  shall  entitle  the 
street  commissioner  to  restore  such  street  at  the  cost  of  the  person  or  cor 
poration  owning  or  controlling  such  conduit,  and  shall  constitute  a  breach 
of  the  bond  provided  for  in  section  110:;.     (  M.  C,  sec,  1084.) 


Sec.  1108.  Procedure  where  use  of  common  trench  neces- 
sary—  iJenalty.  —  Whenever  the  plans  as  approved  by  the  board  of 
public  improvements  require  two  or  more  applicants  for  conduits  to  use  a 
common  trench,  si)ace  or  conduit  in  any  portion  of  any  street,  alley  or  public 
place,  then  all  such  ap]>licants  shall  carry  on  the  work  of  construction  at 
such  point  as  nearly  at  the  same  lime  as  may  be  practicable  and  as  may 
be  directed  by  said  board,  so  as  to  distui'b  the  street  at  such  point  to  the 
least  degree  possible,  and  any  company  or  persons,  refusing  or  failing  to 
carr^'  on  its  work  of  construction  at  such  point,  at  that  time  and  in  the 
manner  directed  by  said  board,  shall  be  deemed  to  have  waived  any  right 
to  any  conduit  privileges  in  such  street,  allev  or  public  place  at  such  point. 
(M.  C.,  sec.  1085.) 


ART.    VI.  J  OF    ELnCTRIC     \VIHi:S.     TIHIOS     AN1>     C.VHM^S.  785 

Sec.  1109.  \\'lu'n  lUTiiiits  bt'conu'  V4>i«l. — Any  pcnnit  friimtod 
uiidt'i"  tliis  rli!ii)lt'r  shall  hccoiiic  xuid  iiiilc.-is  (lii-  work  tluTciii  uiitlinri/.iHl 
is  hc^iiii  within  si.xtv  davs  afUT  such  |ifrniil  is  issued  and  is  iirncffdcd  \\  iih 
continuously  and  in  ^ooil  failli  to  coniidclion  within  a  roasonahie  tinif 
rhffcartci-.     I  .M.  C.  sec.  IdSC.) 

Sec.   1110.     rrovisioiiM   iu»t   applM-aldc  1«>  r«>rtiiiii   ronipaiiics 

unless  jU'ft'ptiMi,  etc. — Ordinance  iiuniluT  IMtlSI)  [.scctituis  ID'.ll  lo  111" 
inclusive]  shall  not  apply  to  any  company  uow  cxistiiiti  in  the  city  and 
authorized  to  maintain  its  wifes.  lulies  and  cables  aloni;  and  uiioii  the  puh 
lie  sti-eels  of  the  city,  under  and  in  [lursuance  o(  any  conlract  now  e.\islinj; 
tietweeii  such  com|iany  or  coni|ianies  and  the  city  for  the  lijihtin.u  of  the 
streets  (d'  said  city  with  (»iectricily,  unless  said  ci)iuj)any  or  companies  shall 
upon  tlie  approval  of  said  ordimiiu'c  lile  wiih  liie  city  rejjisler  an  accejit- 
ance  of  the  terms  and  provisions  of  this  ariicle,  and  shall  also  lile  with  tin- 
city  re}.jister  a  release  and  discharjie  of  the  city  from  the  aj^reenuMii  and 
covenant  of  the  city  to  pay  any  ]iart  or  jtortion  of  the  cost  or  e.\])ense  of 
placing  the  wires,  tuhes  and  cables  of  such  comjiany  or  <-ompanies  under 
;;rounil  and  in  comluits  as  provided  in  said  contracts.  And  it  is  further 
provided  that  if  said  company  or  companies  shall  acce|it  the  pr<tvisions  of 
ordinance  nundier  ISiJSd,  [sections  l(i!t4  to  HIT  inclusive]  and  agree  to 
the  terms  thereof  and  release  the  said  city  from  all  and  every  covenant  in 
the  said  contracts,  to  i)ay  any  part  of  the  expense  of  placing  the  wires  of 
such  company  or  companies  in  conduits,  and  under  the  surface  of  the  earth, 
ami  if  said  com|>anies  shall  jointly  and  severally  agree  to  pay  into  the  city 
treasury  tivt>  thousand  dollars  on  the  first  day  of  Sei)tendM'r,  IS'.M!.  and  a  like 
Rum  on  the  lirst  day  of  -lanuary,  of  each  year  thereafter  down  to  and  in- 
cluding January  first,  lltlKI,  then  the  city  does  hereby  release  and  discharge 
said  com]ianies  from  any  and  all  liability  to  pay  to  the  city  the  sum  of  five 
per  cent  of  their  gross  receipts  from  jirivate  lighting  which  may  have  ac- 
crued or  may  hereafter  accrue  during  the  life  of  said  contracts  numbered 
twenty  one  hundred  seventy-six.  twentyoiu^  hundred  seventy-seven  and 
twenty  one  hundred  seventy  eight,  and  during  the  faithful  perfcu'inance  of 
said  conlracis,  which  latter  terminate  by  limitation,  l»e<'ember  thirty-lii^t, 
1801),  and  .lainiary  first,  litOO.  res|iectively ;  provided,  however,  that  after 
January  tirst.  l!Kl(i,  said  companies  shall  not  be  released  from  the  payment 
of  the  live  |)or  cent  of  their  gross  receipts,  required  by  section  112"),  nor 
from  complying  with  all  the  otiier  terms  and  conditions  of  said  section  1125, 
and  all  other  general  ordinances  pertaining  to  electric  lighting  comiianies; 
but,  on  the  contrary  s;iid  companies  expressly  agree  after  .lanuary  tirst, 
1!HMI,  to  be  bound  by  the  jirovisions  of  article  six  of  this  chapter,  and  of 
all  Didinances  now  in  f(u-ce  or  hereafter  adopted.     (II.  C,  sec.  1087.) 

Sec.  nil.  Permits  only  {^ranted  wlieii  terms  of  ordinance 
accepted.  — No  permits  shall  be  granted  to  an\  comiiany  or  coiujianies  to 
consii-uct  underground  conduits  under  ordinance  number  ISfJSd  [sees.  IdllJ 
to  1117  hereof  inciusive|.  until  such  c(uii|iany  or  companies  shall  tile  with 
the  city  register  an  acceptance  of  thi-  terms,  conditions  and  obligations  of 
said  oi'dinance  [se(tions|  in  all  i-especls.     (  .M.  ( '..  sec.  KISS.) 

Hnr.  1112.  AVhen  rifrlits  under  ordinanc*'  terminate. — Tip- 
rights,  privileges  and  powers  conferred  and  authorized  by  this  article  shall 
cease  and  determine  and  become  null  and  void  on  the  fifteenth  day  of  A|>ril. 
nineteen  hundred  and  ffirty.     (M.  ("..  sec.  1089.) 

Sec.  1113.  Prices  for  services — Until  April  fifteenth,  nineteen 
hundred  and   forty,   the  prices   diarged   to   customers   for   telephones,   tele- 


786  REVISED    CODE    OR    GENERAL    ORDINANCES.  [CHAP.    12. 

phoue  services,  electric  light  and  power  by  persons,  corporations  or  asso- 
ciations obtaining  underground  conduit  privileges  in  the  streets,  alleys  and 
other  public  places  within  the  city,  shall  not  in  any  case  exceed  tiie  jirices 
charged  for  a  similar  or  corresponding  use  or  service  on  January  first,  eight- 
een hundred  and  ninety  six.     i  M.  C.  sec.  lO'JO.) 

See  note  to  sec.   1093  as  to  rigfht  of  city   to   fix  telephone  rates. 

Sec.    1114.     When    poles    and  fixtures   to  be   removed.- All 

poles  and  other  fixtures  shall  be  removed  by  the  owners  thereof  within 
ninety  days  after  their  wires,  tubes  and  cables  supported  thereon  shall  have 
been  removed.     (M.  C,  sec.  1091.) 

Sec.  1115.  Restrictions  as  to  use  of  conduits,  etc.— No  per- 
son, persons,  corporations  or  associations,  building  conduits,  under  ordi- 
nance number  eighteen  thousand  six  hundred  and  eighty  [sections  1094  to 
1117  hereof  inclusive],  shall  have  the  right  or  privilege  to  lease  or  sublet 
space  within  such  conduits,  or  to  use  such  conduits,  for  purposes  other  than 
required  by  the  individual  needs  of  the  ])erson.  i)ersons.  corporation  or  asso- 
ciation so  buildiug  such  conduits.  Auy  violation  of  this  clause  shall  be 
deemed  a  misdemeanor,  and  shall  cause  a  forfeiture  of  all  the  rights  and 
privileges  granted  hereunder.     (]\1.  C,  sec.  1092.) 

See   where,   under   the   St.    Louis   ordinance,    two   companies   jointly    constructed 
and  used   underground  conduit:     Wagner  vs.    Edison    Elec.   Co.,   177   Mo.    44,   49. 

As  to  power  of  city   to  compel  company   to  permit  another  to   use   its  conduit 
see  note  to  sec.  1093. 

Sec,    1116,-    City   reserves    rijjlit   to   repeal The   city    reserves 

the  right  to  alter,  amend  or  repeal  ordinance  number  eighteen  thousand  sis 
hundred  and  eightv  [sections  1094  to  1117  hereof  inclusive],  at  auv  time 
hereafter.     (  M.  C. 'sec.  1093.) 

Sec.  1117.    Certain  apparatus  to  remain  overhead— conditions. 

— All  clock,  burglar  alarm,  commercial  priuter.  uightwatch  and  other  mes- 
senger callbox  wires,  carrying  currents  of  low  tension,  and  not  fastened 
or  attached  to  poles  or  other  fixtures,  placed  or  set  in  the  streets,  alleys  or 
other  public  places,  within  the  limits  named,  shall  be  permitted  to  remain 
overhead;  provided  that  all  such  wires  shall  not  be  less  than  thirty-five 
feet  above  the  surface  and  securely  fastened,  and  that  each  wire  or  cable 
sliall  be  covered  throughout  with  insulation,  to  be  ajiproved  by  the  sui)er- 
visor  of  city  lighting,  aud  that  each  and  every  wire  shall  be  tagged  with 
lead  tags  (and  in  such  manner  that  it  will  be  impossible  to  remove  the 
tags  without  destroying  the  wire  or  the  fixture  to  which  it  is  attached), 
plainly  marked  with  the  owner's  name  and  that  no  such  wires  shall  be  used 
to  connect  with  immoral  places  or  whose  existence  is  contrarv  to  law.  i  ^I. 
C,  sec.  1094.) 

Sec,  1118,  Application  and  plat  to  be  filed.  —  Any  iier- 
son  or  jiersons,  coiporatiou  or  association,  duly  authorized  by  ordinance 
to  do  business  in  the  city,  and  desiring  to  place  along  or  across  any  of  the 
streets,  alleys  or  ]iublic  jilaces  of  the  city,  such  wires,  tubes  or  cables,  shall 
file  in  the  office  of  the  board  of  public  improvements  an  application  therefor, 
stating  in  detail  the  streets,  alleys  or  public  jilaces  which  said  wires,  tubes 
or  cables  are  to  occujiy.  and  the  manner  in  which  said  wires,  tubes  or  cables 
are  to  be  secured  or  supported  aud  insulated,  together  with  a  plat  showing 
the  I'oute  of  such  wires,  tubes  or  cables.     (M.  C,  sec.  1095. ) 


ART.   VI.]  OF    ELECTRTC    WIRKS.    Tl'HES    .VNO    CABLES.  7g7 

Sff.  lllii.  IVnilit  nia>  be  j;ranttMi. — The  board  of  imblic  improve- 
ments is  hereby  authorized,  i\\n>n  the  liiiuj;  of  the  application  and  plat  re- 
quired b_v  tlie  preceding;  sfttion.  to  grant  a  permit  for  sucli  ofcu[ianf_v  of 
tlie  sti-eets,  alleys  and  pnlilic  plaees  lu-rein  named,  with  such  rest  rietiuns, 
ref^ulalions  and  (lualitiialions  as  may  be  prescribed  by  said  boai'd,  and  \in 
der  the  supervision  aiul  lo  the  satisfaction  of  the  supervisor  of  city  light  inj^. 
(M.  C,  sec.  109G.) 

See.  1120.  Wires,  etc.,  may  be  placed  on  telefjraph  poles, 
etc.,  when. — That  iu  case  any  person  or  persons,  corporations  or  associa- 
tion, duly  authorized  by  ordinance,  desirinj;  to  place  along  or  across  any 
of  the  streets,  alleys  or  |iulilii-  places  of  the  city,  such  wires,  tubes  or  cables, 
sliall.  with  the  aiijilication  and  plat  heretofore  provided  for  lile  in  the  ofliee 
of  the  board  t>f  i)ublic  impro\ements  the  written  consent  of  any  telegrajih 
or  telephone  company,  or  any  other  electric  light  or  power  company,  doing 
business  iu  the  city,  to  the  i)laciug  of  such  wires,  tubes  or  cables  upou  the 
poles  of  said  telegraph,  telephone,  electric  light  or  power  com])any,  situated 
in  tlie  streets,  alleys  or  |iublic  jiiaces  named  in  such  apiilicatioii.  the  board 
of  iniblic  im]U'ovements  is  hereby  authorized  to  grant  a  permit  for  such  oc- 
cupancy of  the  poles  of  such  telegraph,  telephone,  electric  light  or  power 
com|iany.  with  such  restrictions,  regulations  and  qualifications  as  may  be 
prescribed  by  said  board,  and  under  the  supervision  and  to  the  satisfaction 
of  the  sujiervisor  of  city  lighting.     (M.  C,  sec.  1097.) 

Sic.  UJl.  Poles  (o  l»e  placed  in  alley.s — when.  —  Wlien- 
ever  an  alley  is  a\ailable  for  the  jilacing  of  poles  for  the  su|)port  of  such 
wires,  tubes  or  cables,  the  board  of  public  improvements  will  adverti.se  for 
five  days  ]U'evious  to  a  day  set  for  hearing  objections  or  arguments  in  favor 
of  placing  the  said  poles  in  the  alley.  Tf,  after  due  consideration,  the  board 
of  pul)lic  imiu'ovenients  are  of  the  opinion  that  the  placing  of  poles  for  the 
purposes  aforesaid  is  ju-acticable,  such  poles  shall  be  ])laced  along  said 
alley  insteatl  of  along  the  street  named  in  ap|)lication.  Where  the  fioles 
are  set  in  any  alley  tliey  shall  be  located  as  near  the  side  lines  of  the  alley 
as  j>raclicable.  and  in  such  a  manner  as  not  to  incoiiimode  the  [lublic  or  the 
adjoining  proprietors  or  residents.     (M.  C,  sec.  1098.) 

See.  irJ2.     ninien.nlon.s,  construction  and  location  <»f  poles. — 

The  poles  used  as  herein  provided  shall  be  of  sound  limber,  not  less  than 
five  inches  in  diameter,  at  the  iipjier  end,  straight,  shapely,  and  of  uniform 
size,  neatly  plam-d  cu-  shaved,  and  thoroughly  jiaintcd  with  two  coats  of  lead 
and  oil  paint  of  such  color  as  may  be  directed  by  the  board  of  luiblic  im- 
provements, and  be  sujiplied  with  iron  steps,  commencing  twelve  feet  from 
the  surface  of  the  grouml  and  reaching  to  the  arms  supporting  the  wires, 
tubes  or  cables;  said  wires,  tubes  or  cables  shall  be  run  at  a  height  not  less 
than  twenty-five  feet  above  the  grade  of  the  street.  Whenever  the  poles  are 
erected  on  a  street  they  shall  be  placed,  in  all  cases,  when  practicable,  on 
the  o\iter  edge  of  the  sidewalk,  just  inside  the  curbstone  and  on  the  line 
dividing  the  lots  one  from  the  other,  ami  in  no  case  be  so  placed  as  to  ob- 
struct the  drainage  of  the  sti-eets.  (U-  interfere  with  oi-  damage  in  any  way 
the  curbstones,  trees  or  other  public  or  private  property  on  the  line  of  the 
street  or  alley  or  public  place  where  such  poles  shall  be  erected.  (M.  C, 
sec.  1099.) 

Svp   R.  C.   sec.    tISl.    nfarlv    th.-   Knm.- 

See.    1123.     Streets   and    ane.>s    to    be    replace«l  —  Any    person 
or   persons,   corporation   or  association   having   made  e.Tcavations   in    the 


788  REVISED    CODE    OR    GENERAL    ORDINANCES.  [CHAP.    12. 

streets,  alleys  or  public  places  of  the  city  for  the  purposes  aforesaid,  shall 
replace  the  sti'cets,  alleys  or  i)ublic  places  iu  such  nianuer  and  iu  accordance 
with  such  regulations  as  may  from  time  to  time  be  prescribed  by  ordinance, 
or  by  the  board  of  public  improvements,  and  to  the  satisfaction  of  the  street 
commissioner.     (M.  C,  sec.  1100.) 

See.  1124.  Alterations  in  location  of  poles,  etc.,  may  be 
ordered — penalty  for  failure  to  pi'oceed.  — The  right  is  hereby  re- 
served to  the  board  of  public  improvements  at  any  time  to  direct  any  altera- 
tions iu  the  location  of  said  ])0les.  and  also  in  the  height  at  which  the  wires, 
tubes  or  cables  shall  run;  but  before  any  alteration  is  made,  at  least  five 
d;\ys'  notice  iu  writing  shall  be  given  to  the  person  or  persons,  or  the  presi- 
dent or  the  officer  in  charge  of  the  company  affected  by  the  proposed  altera- 
tion, and  reasonable  opportunity  shall  be  afforded  the  representative  of  such 
company,  or  any  citizen  interested,  to  he  heard  in  regard  thereto.  But  when 
any  such  alteration  shall  be  ordered,  the  said  comiiany  shall,  within  five 
days  thereafter,  commence  such  alterations  and  comi»lete  the  same  as  soon 
as  jiracticable  thereafter;  and  upon  failure  so  to  do,  it  shall  be  deemed 
guilty  of  a  misdemeanor,  and  punished  as  hereafter  provided.  (M.  C,  sec. 
1101.) 

See  as  to  xvhen  city  has  right  to  compel  change  of  location  of  telegraph  or 
telephone  poles,  note  to  sec.  1179.  See  also  as  to  regulations  of  poles,  etc.,  sections 
117B-1195  and  notes  thereto  appended. 

Sec.  1125.  Privileges  conferred — on  Avhat  conditions — per- 
centage of  receipts  —  bond. —  No  person  or  jiersons,  corporation  or 
association  shall  be  entitled  to  any  of  the  privileges  conferred  by  this  article, 
exce])t  upon  the  following  conditions:  Tiiat  said  person  or  persons,  cor- 
poration or  association,  before  availing  himself  or  itself  of  any  of  the  rights 
or  privileges  granted  by  this  article,  shall  file  with  the  city  register  his  or 
its  acceptance  of  all  the  terms  of  this  article,  and  agree  therein  that  he  or 
it  will  file  with  the  comptroller  of  the  city,  on  the  first  days  of  January  and 
July  of  each  year,  a  statement  of  his  or  its  gross  receipts  from  his  or  its 
business  arising  from  supplying  electricity  for  light  or  power  for  the  six 
mouths  ne.xt  preceding  such  statement,  which  shall  be  sworn  to  by  such 
person  or  jiersons,  or  the  president  or  secretary  of  such  corporation  or  as- 
sociation; and  further  agree  that  he  or  it  will,  at  the  time  of  filing  said 
statement  with  the  comptroller,  pay  in  to  the  city  treasurer  two  and  one- 
half  per  cent  on  the  amount  of  such  gross  receipts  up  to  the  year  eighteen 
hundred  ninety,  and  five  per  cent  on  the  amount  of  gross  receipts  thereafter. 
And  said  jierson  or  persons,  or  corjtoration  or  association,  shall,  at  the  time 
of  filing  said  acceptance,  also  file  with  the  city  register  his  or  its  penal  bond 
in  the  sum  of  twenty  thousand  dollars,  with  two  or  more  good  and  sufficient 
securities,  to  be  approved  by  the  mayor  and  council,  conditioned  that  he  or 
it  will  comply  with  all  the  conditions  of  this  article,  or  any  ordinance 
which  may  be  hereafter  passed,  regulating  the  placing  of  wires,  tubes  or 
cables  in  the  streets  and  alleys  for  the  purposes  named  therein;  that  he  or 
it  will  comply  with  all  the  regulations  made  by  the  board  of  jiublic  improve- 
ments having  reference  to  the  subject  embraced  in  this  article  or  any  ordi- 
nance herein  named  that  he  or  it  will  make  the  statements  and  payments 
required  by  the  provisions  of  this  section,  and  will  s;ue  the  city  harmless 
and  indemnified  from  all  loss,  cost  or  damage  by  reason  of  the  exercise  of 
any  of  the  privileges  granted  by  this  article  or  any  ordinance  which  may 
be  hereafter  jiassed  relating  to  the  subject-matter  of  this  article.  (M.  C, 
sec,  1102.) 


AKT.    VI.  I  OF    ELECTHIC    WIRES,    TUBES    AND    CABLEa  789 

See.  112G.  .Misdenu'unor  —  ponalty.  — Auy  person  or  persous, 
eoriiunitiou  or  associiiliuii  wliieli.  or  aiiv  president,  inaiiaj;er,  snperiiilend- 
eut  or  oftieer  in  ebarf^e  of  any  corporation  or  association  wiio  shall  violate 
or  fail  to  comply  with  auy  of  the  provisions  of  this  article,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  be  lined  not  less  than 
tjfty  dollars,  nor  more  than  live  liuudred  dollars.     (M.  C,  sec.  1103.) 

Sec.  1127.  Ilesorvation  <)f  rifflits.— The  city  reserves  the  right  to 
alter,  amend  or  repeal  this  article  at  any  time.     (M.  C,  sec.  1104.) 

Sec.    1128.     Permits   to   striiiy   wire — U8e    imi.st    In*    h'ffal. — 

No  iiermit  shall  hereafter  be  issiu-d  for  the  jmrpose  of  strinf;iug  wires  for 
commiinicaiiou  unless  the  applicant  shall,  in  writing,  agree  that  the  said 
wires  shall  not  be  used  to  loiniect  to  or  with  plaii-s  used  for  immoral  jmr- 
poses,  or  whose  existence  is  contrary  to  law.  That  the  said  wires  shall  not 
be  used  for  any  purpose  contrary  to  law.     iM.  ('..  sec.  1105.) 

Sec.    112'.t.     Illojjal    usi'  of    wires — voids    permit  —  removal. 

■ — Any  ]iermit  obtained  on  the  repre.senl;iIion  that  the  wires  are  to  be  used 
for  legal  ]iurposes  and  to  connect  legal  jilaces  and  are  used  for  other  pur- 
poises.  shall  be  and  become  void,  and  auy  wires  strung  along  or  across  any 
street,  alley  or  public  i)lace  on  the  strength  thereof  shall  be  unlawful,  and 
it  shall  be  the  duty  of  the  supervisor  of  city  lighting  to  cut  down  the  same 
and  remove  them  from  the  streets.  Any  person  or  jiersons  interfering  with 
oi-  preventing  such  removal  of  wires  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  convict  ion  thereof  shall  be  lined  not  less  than  ten  dollars  nor 
more  than  ti\i'  hundred  dollars.      (  M.  ("..  see.  IKHi.i 

See.  1130.  Penalty  for  illegal  use  of  wires. — Any  person  or 
persons,  corj)oratioii  or  association  who  shall  obtain  a  permit  to  string 
wires  across  or  aUuig  any  street,  alley  or  |inblic  place  on  the  representations 
reipiired  in  se<Mion  eleven  hundred  and  twenty-eight  of  this  article,  and 
shall,  in  violation  of  th(»  same,  string  wires  for  illegal  jmriioses.  and  to  il- 
legal places,  sliall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  W  lined  not  less  than  ten  nor  more  than  five  hundred  dollars,  i  .M. 
C,  .sec.  1107.) 

See.    1131.     IViialty    for  stringing:   wires   without   i)ermit. — 

.\ny  person  or  ]iersoiis.  c-orpciiatioii  or  associal  imi.  or  llie  president  or  officer 
in  charge  thereof  who  shall  string,  or  cause  to  be  strung,  any  wire,  tube  or 
cable  or  electrical  conductor,  for  communication  along  or  across  any  street, 
alley  or  public  place  without  a  permit,  shall  be  deemed  guilty  of  a  mis- 
demeanor, .ind  on  conviction  thereof  be  lined  not  less  than  ten  iK)r  more 
tliaii  live  hundred  dollars,  and  every  street  or  alley  crossed  shall  constitute 
a  .sepai-ate  ol1'<>n.se.     i  M.  C  sec.  1108.) 

Sec.    1132.     Duty   of   poliee   to   enforee   provisions  herein. — 

It  shall  be  the  duty  of  the  police  lo  assist  in  the  eiiforietneui  of  this  article. 
'  M.  <"..  sec.  1100.)' 

S.c.  1133  Penalty  for  removing;  <-over  «>f  manhole,  el<-.,  with- 
out authority. —  Any  j>erson  <ir  |)ersons  who  shall  remove  the  coM-r  or 
liil  of  any  manholi>  or  .service  box  for  electric  or  othei-  wires  without  having 
a  certilicate  of  authority  sh.ill  be  deemed  guilty  of  a  misdemeanor,  and  uixui 
conviction  thereof,  shall  be  liiieil  not  less  than  ten  nor  more  than  five  hun- 
dred dollars.     (  M.  C.  sec.  1110.) 


jgQ  REVISED    CODE    OR    GENERAL    ORDINANCES.  [CHAP.    12. 

Sec.  1134.     Registry— authority  to  worli  about  wires,  etc.— 

All  wire-visiug-  compauics  having  underground  couduits  shall  register  the 
employes  whom  they  wish  to  be  recognized  as  authorized  to  open  the  man- 
holes and  service  boxes  for  the  purpose  of  making  repairs  or  inspection  of 
electric  wires.  The  registration  shall  be  kept  by  the  supervisor  of  city 
lighting,  who  shall  issue  certificates  of  authority,  upon  the  written  request 
of  the  company  emi)loying  the  ])ersou,  subject  to  such  rules  and  regulations 
as  the  board  of  public  improvements  may  prescribe.  The  said  certificate 
shall  be  good  for  three  months,  unless  the  person  is  sooner  discharged  by 
the  wire-using  comf)any,  or  is  found  to  be  irresponsible  and  untrustworthy 
by  the  supervisor  of  city  lighting.     ( M.  C,  sec.  1111.) 

Sec.    1135.     Manholes   and   service   boxes    to    be    guarded — 

signals  required  — penalty.  — It  shall  be  the  duty  of  any  person,  officer 
or  employe  of  a  wire-using  company,  and  duly  authorized  and  registered  as 
such,  to  take  necessary  precaution,  and  see  that  an  open  manhole  or  service 
box  is  guarded,  and  a  red  flag  signal  disjilayed  by  day  and  a  red  light  signal 
disjdayed  by  night  at  the  opening  until  the  cover  is  restored  and  securely 
locked.  Any  person,  officer  of  any  wire-using  company  or  employe  who 
shall  fail  to  observe  any  or  all  of  the  requirements  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined 
not  less  than  ten  nor  more  than  five  hundred  dollars,     i  M.  C.  sec.  1112.1 

Sec.  1136.  When  certificates  to  open  manhole,  etc.,  may 
be  revoked. — Any  pei-son  who  shall  be  registered  and  has  a  certificate 
of  authority  to  open  manholes  and  service  boxes  for  electric  wires  shall  be 
deemed  irresponsible  and  untrustworthy  should  it  be  found  that  he  in  any 
way  interfered  with  the  wires  and  cables  owned  by  any  other  company  than 
the  one  emjiloying  the  said  person,  and  which  may  be  in  a  manhole  or 
service  box  in  which  he  is  working,  or  is  discharged  by  the  company  upon 
whose  i-equest  certificate  was  issued,  and  his  certificate  of  authority  shall 
in  either  of  such  events  be  canceled.     (M.  C,  sec.  1113.) 

See.  1137.  Cancellation  of  certificate  disqualifies. — Any  person 
whose  certificate  of  authority  is  canceled  shall  be  treated  as  an  unauthor- 
ized jierson.  as  set  forth  in  section  eleven  hundred  and  thirty-three.  (M.  (".. 
sec.  1111.)  /- 

Si  c.  1138.  Duty  of  police  to  enforce  five  preceding  sec- 
tions. — It  is  hereby  made  a  part  of  the  duty  of  the  jtolice  department  to 
see  that  the  provisions  of  the  five  sections  next  preceding  are  enforced,  by 
arresting  and  prosecuting  any  i)erson  disturbing  a  cover  or  lid  of  a  man- 
hole or  service  box  for  electi'ic  wires  without  the  projier  certificate  of  au- 
thority as  herein  defined.     (M.  C,  sec.  1115.) 

ARTICLE  VIT. 

OF   SUPERVISOR   OF   CITY    LIGHTING.    AND    REGULATIONS    PERTAINING    TO 
ELECTRICAL  APPARATUS.' 

•Office  of  .siiporvisor  of  city   lighting  was  created  by   ordinance  No.    ISlO.'i.   .ip- 
proved  .Tune   2.'i.   ISSfl 

Sec.  1139.  Office  of  supervisor  created— inspectors  to  be  ap- 
pointed. — The  board  of  public  imju'ovements,  with  the  appro\al  of  the 
mayor,  shall  appoint  an  expert  in  electric  lighting,  who  shall  be  an  engfineer 
of  not  less  than  five  years'  practical  experience.     His  official  title  shall  l)e 


AltT.    Vll.l  OK  SUPERVlSOlt  OF  CITY   LIlillTINO,  79I 

supervisor  of  tity  ligLtiuji;,  autl  lie,  witli  llu-  aiiproval  of  tlu'  in-osiik'Ut  of  the 
l)oar{l  of  ]iul)lic  iiniirovcinciits,  shall  apiioiiii  0110  cli'rk  and  live  iiis|)i,'i'(ors; 
saiil  iiispi'itors  sliall  lii'  skilled  and  expi'rii'ni-L'd  in  the  kind  of  work  llu'V 
;iic  to  inspoct.     (M.  (_".,  sec.   II  IC.  1 

See.  114U.  Saliirit'.s,  etf. — (Iraiifjlilsniaii  and  additional  in- 
spt't'tors. —  The  super\isor  of  eit.\  li;;htiiig  so  apjioinleil  sliall  reieive  a 
salary  of  two  thiuisand  live  hundred  dollars  a  year,  jiayable  monthly,  and 
shall  ^ive  a  ^nod  and  suftieieut  bond  in  the  sum  of  ten  thousand  dollars, 
4un<lilioned  as  the  bond  of  other  eily  oflieers.  and  to  he  apjifoved  by  the 
max  or  ami  eoumil.  The  i-lerk  shall  receive  a  salary  of  one  thousand  live 
hundred  ilolhiis  a  year,  iiayabie  monthly.  The  inspectors  shall  receive 
a  salary  of  one  thousand  two  hundred  dollars  a  year,  each,  i)ayable  monthly, 
and  wlienever,  in  the  opinion  of  the  sujjervisor  of  city  lighting,  a  horse  and 
vehicle  shall  be  necessary  for  the  proper  discharge  of  the  duties  of  any  iu- 
sjiector,  tlie  same  shall  be  furnished  and  kept  by  the  inspector,  who  shall 
receive  compensatiuii  thei'efor  at  the  rate  of  twenty  dollars  per  month.  The 
su|pervi.soi-  of  city  lighting  may.  with  the  approval  of  the  |ii'esident  of  the 
board  of  public  inipro\emenls.  appoint  one  draughtsman,  (Uie  assistant 
i-lerk.  and  li\e  night  insjiectors.  ami  temporarily  for  work  specilied  in  ordi- 
nances relative  to  the  city  lighting  (h'partmeut.  live  inspectors  of  tlie  second 
ilass;  all  sliall  be  skilled  and  experienced  in  the  kind  of  work  they  are  to 
perf«n-m,  and  sucli  appointments  are  not  to  be  made  until  the  pid)lic  service 
demands  the  same.  The  draughtsman  and  ilie  night  inspectors  shall  (eacli,) 
receive  a  salary  of  twelve  hundred  dollars  a  year.  i)ayable  monthly,  and  the 
assistant  clerk  shall  receive  a  salary  of  nine  hundred  ilullars  a  year,  [lay- 
able  monthly.  The  insjiectors  of  the  s(>cond  class  shall  receive  compensa- 
tion for  their  services  at  a  rale  of  niiietv  dollars  per  mouth,  ^^l.  C,  sec 
1117.) 

See.  1141.  Duties  of  snp»M*visor.  —  It  shall  lie  ihr  duly  of  ilie  su- 
pervisor of  city  lighting  to  carr.\  (Uit  the  instructions  of  the  board  of  piddic 
improvements  in  relation  to  lighting  the  streets,  parks.  ]ud»lic  jdaces  and 
public  buildings  of  the  city  with  gas  or  electricity;  the  construction  and 
operation  of  all  ]ilants  used  for  distributing  gas  or  electricity  for  light, 
heat,  power,  telegraph  or  telephone  jiurposes.  He  shall  report  all  cases  of 
violation  of  ordinances,  rules  or  regulations  of  the  board  of  i)ublic  improve- 
ments in  relation  to  the  distribution  and  u.se  of  gas  or  electricity  foi-  the 
purposes  aforesaid,  ami  shall,  umler  the  instruction  of  the  board  of  jmblic 
improvements.  ](i-osecute  the  olVending  iiariies.  He  shall  have  the  ch;irge 
of  all  emi>loyes  appointed  by  him  and  shall  see  thai  they  pei-foi'm  their  dii 
ties  faithfidly.     i  M.  ( '.,  sec.  IIIS.  i 

S..  .  114_'  Ajiparatus  hs<mI  in  lig:h(in<;  puhlii-  l)uildin«:.'4 
in  cliarj;*'  of  siipcrx  isor. —  The  supervisor  of  city  lighiin;,'  shall  lia\e 
cbarire  of  all  lam|is.  tixlures.  ]ii|ies.  tubes,  cables,  conductors  and  ap]iurte- 
nances  used  in  lighting  the  public  buildings  of  the  city;  and  shall  install, 
alter  anil  maintain  same,  as  directed  by  the  board  of  public  im|irovements. 
The  cost  thereof,  shall  be  paid  otit  of  funds  annually  appropriated  for  light- 
ini:  public  l)uildings.  unless  the  cost  of  such  is  jirovided  for  by  special  ap- 
propriation.     lOrd.  'JinT-J.    See  M.  C..  p.  !ifH.i 

See.  114.3.  Supervisor  to  insjMM-t  pr«Mnis<'s. — The  supeni.-ior  of 
city  lighting  is  hereby  authorized  and  direct(>d  to  inspect  all  premises  on 
which  apparatus  for  transforming  energy  of  any  kind  into  electrical  en- 
f>rgv,  or  the  reverse,  are  located  or  premises  wliere  conductors  for  the  trans- 


792  REVISED     CODE    OR    GENERAL    ORDINANCES.  [CHAP.    12. 

mission  of  electricity  are  placed,  for  the  purpose  of  ascertaining  tlieir  con- 
dition and  management  and  reporting  all  violations  of  rules  or  ordinances 
to  tlie  board  of  public  improvements.     (M.  C,  sec.  1119.) 

Sees.  1143  to  1152  are  ordinance  1G901. 

Sec.  1144.  Duty  owners  to  admit  svipervisor. — It  shall 
be  the  duty  of  every  person,  or  persons,  corjioration  or  association,  operat- 
ing or  controlling  a  plant  for  the  production  of  electricity,  or  occupying 
premises  on  which  electrical  ap])aralus  or  conductors  may  be  placed,  to  ad- 
mit the  supervisor  of  city  lighting,  or  his  duly  authorized  inspectors,  and 
assist  in  making  an  examination  of  said  premises.     (M.  C,  sec.  llHO.) 

Sec.  1145.     Duty  of  owners  to  employ   competent   men,  etc. 

— It  shall  be  the  duty  of  every  person  or  corporation  operating  a  plant  for 
the  jiroduction  or  consumption  of  electrical  energy  or  maintaining  con- 
ductors for  its  transmission,  to  emjiloy  competent  men,  whose  names  shall 
be  furnished  the  supervisor  of  city  lighting,  and  recorded  in  his  oftice,  as 
their  authorized  agent  or  agents;  one  to  be  in  charge  of  the  same  at  all 
times  while  in  operation,  and  who  shall  promptly  execute  all  orders  issued 
by  the  mayor,  the  supervisor  of  city  lighting,  or  the  chief  of  fire  department, 
which  may,  in  their  opinion,  jirevent  accident  or  injury  to  life  or  property; 
and  to  keep  their  wires  or  conductors  that  pass  over  any  street,  alley,  or 
public  i^lace,  or  over  or  through  any  building,  so  marked  that  the  owner 
of  the  same  may  be  ascertained  by  insjiection;  the  character  of  the  mark 
to  be  determined  by  the  sujiervisor  of  city  lighting,  and  a  record  of  all 
marks  kept  in  his  office,  and  should  the  marks  become  illegible,  the  wires 
or  conductors  shall  be  deemed  abandoned,  and  it  shall  be  the  duty  of  the 
supervisor  of  city  lighting  to  remove  the  same.     (II.  C,  sec.  1121.) 

Sec.  1146.     Regulations  jjoverninf?  concluctor.s,  etc. — The  size  of 
conductors,  distance  between  supporters,  and  natnre  and  quality  of  insulat 
lug  materials  to  be  used,  shall,  in  all  cases,  be  submitted  to  and  subject  to 
the  ajiproval  of  the  board  of  public  improvements.     ( M.  C,  sec.  1122.1 

• 

Sec.  1147.  Cut-outs  to  be  provided. — It  shall  be  the  duty  of  every 
person  or  corporation,  supplying  or  using  electricity  or  maintaining  <on 
ductors  for  the  same,  to  jn'ovide  cutouts,  and  such  other  devices  as  may  b" 
necessary  to  cut  off  all  electrical  communications,  of  any  ])art  of  said  con- 
ductors, from  the  source  of  energy,  automatically,  when  the  current  exceeds 
a  fraction  of  the  cajiacity  of  the  conductor  protected;  said  fraction  to  be 
determined  Iiy  the  board  of  public  imi)rovements.     (M.  C,  sec.  1123.) 

Sec.  1148.  Most  approved  devices  to  be  used. — It  shall  be  the 
duty  of  every  person  oi"  corporation  ojierating  or  maintaining  conductors 
for  electricity,  to  ]>rovide  the  most  approved  device  to  make  it  an  easy  task 
for  the  servants  of  the  city,  or  of  said  pers(ui  or  corporation,  to  disconnect 
the  conductor  or  any  ]iart  of  it  from  the  source  of  energy,  by  simple  opera- 
tion of  a  handle  or  i)ulling  a  cord;  rendering  the  conductor  so  disconnected 
free  from  any  electrical  pressure,  tending  to  produce  a  How  of  electricity 
from  one  part  to  another  or  from  it  to  the  ground ;  said  device  to  be  placed 
at  or  near  point  where  conductors  enter  building.  All  such  devices  to  be 
subject  to  the  api)roval  of  the  board  of  i)nblic  improvements.  (^M.  C,  sec. 
1124.) 

Sec.  1149.  Wires  considered  dangerous — when. — Any  wire,  ca- 
ble, conductor  or  any  machine,  lamp  or  apparatus,  through  which  an  elec- 


ART.    VII. ]  OF  SUPERVISOR  OF  CITY  LIGHTING.  793 

trie  iiirrciit  may  imss.  or  the  iiillueiR'e  of  eletlriciiy  be  manifested  bv  its 
vaiiuiis  plit'iiomciia.  sliall  ln'  (IcfiiiiMl  (laiij;ci-(His,  w  lieu  any  of  Ilie  maiiifcsta-" 
tioiis  tciiil  to  delay  or  iiitimidalc  tin-  lire  de|>artmei»t,  or  tliroufili  accident 
their  insulation  he  im|iaired  or  llieii-  caiiacity  he  overtaxed,  or  throujjh  care- 
lessness or  otherwise,  they  come  in  contact  with  any  of  the  wires  or  elec- 
trical apparatus  used  in  giviuj;  an  alarm  to  the  fire  or  police  dei)artment, 
injurini:  or  imiiairinir  the  in-oper  workiiiir  of  the  same.     (  M.  ('.,  sec.  111J5,) 

8ee,  1150.     Ai'cidi'iits — all  prccMutions  against  to  be  taken. — 

It  shall  be  the  duty  of  every  lineman  or  ijerson  emiiloyed  to  inspett,  repair 
or  erect  wires  or  conductors,  for  the  purpose  of  transmitting  electrical  en- 
ergy in  the  city,  to  take  every  iirecaution  possible,  that  the  space  between 
the  wires  or  conductors  erected  by  them  and  all  oilier  wires  and  electrical 
apparatus  shall  be  snfticieiit  to  prevent  accidental  contact  between  them  in 
the  severest  storm:  or  report  the  fact  that  such  is  impracticable  at  the  oflice 
of  the  su|)ervisor  ol'  city  lighting.    i.M.  ( '..  sec.   llllti.l 

Si'c.  1151.  Dead  wires — notiee  to  remove. — Xotice  shall  be  served  in 
writing  directed  to  the  person  or  persons,  cor]KU-ation  or  association  operat- 
ing or  owning  plant,  and  five  days  shall  be  allowed  for  the  removal  of  any 
or  all  uncared-for  or  dead  wires,  described  therein,  before  the  supervisor 
of  city  lighting  or  any  t>f  the  authorized  iiis]iecrors  of  the  city  lighting  de- 
l)artment  remove  the  same,  unless  the  said  dead  oi-  uncared-for  wii-es  are 
at  that  time  a  nuisance  and  an  obstruction  to  a  public  place  or  highway 
or  a  menace  to  life  or  jiroperty.     t  M.  (_'.,  sec.  llliT.j 

Sec.  11.")!!.  Penalty. — Any  violation  of  the  provisions  of  this  article 
shall  be  dtH'iued  a  misdemeanor,  and  the  person,  pei'sons,  co-iiartiiership  or 
cor|i(irati<Mi  guilty  thereof  shall,  on  convicti(Ui,  be  lined  in  a  sum  not  less 
than  ten  dollars,  uov  more  than  five  hundred  dollars,  and  every  violation 
shall  constitute  a  separate  offense.     (M.  C.  sec.  1128.) 

S«i'.  1 1  .")3.  Wires — interferenee  with — penalty. — Any  pers(m  inter- 
fei'ing  with,  disarranging  or  breaking  any  of  the  wires,  tubes,  cables,  lamps, 
lamp  globes  or  other  apparatus  located  on  any  street,  alley  or  public  jdaco 
and  forming  part  of  tlie  electric  system  used  in  lighting  the  streets,  alleys. 
|)arks,  public  places  or  buildings  of  the  municipality  of  the  city,  or  ])re- 
veiiting  the  emiiluyes  of  the  coni])any  contracting  to  do  the  lighting  or  the 
ins|iect(U-s  of  the  city  lighting  department,  from  projierly  performing  theii- 
respective  duties,  and  thus  imjiairing  the  projier  lighting  of  the  city,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
lined  not  less  than  five  nor  more  than  one  htindred  dollars,  (M.  ('.,  sec. 
1129.) 

See.  1154.  Convey iMU'e  to  We  liirni.slieil  by  .supervisor. — The 
sui>ervisor  of  city  lighting  shall  furni.sh  his  own  conveyance,  to  consist  of 
a  horse  and  buggy,  and  shall  receive  therefor  conipensaticui  at  the  rate  of 
twenty  dollars  jkm-  month.     (  M.  ('..  sec.  ll.'JO.) 

See.  115.").    ('<»ntrol  of  board  oi  publii-  improvements. — The  super 
visor  of  city  lighting  shall  be  under  the  ccuitrol  of  the  board  of  ])ublic  im- 
provements, and  .''aid  board  shall  have  power  to  remove  him  at  its  pleasure. 
The  above  aiipointments  shall  not  be  made  until  the  public  service  <lemands 
the  same.     (M.  C,  sec.  1131.) 


794  REVISED    CODE    OR    GENERAL    ORDINANCES.  [CHAP.    12. 

ARTICLE  VIII. 

OF   CITY    LIGHTING   AND   SirNICIPAL   LIGHTING    PLANTS.* 

fea^Sec.  1156.  B.  P.  1.  to  lijflit  designated  streets  and  public 
places.  — The  l)i>;u-(l  of  jmblic  iiniiroveuieuts  is  liereby  authorized  aud  di- 
rected to  light,  alter  .January  tirst.  iiiueteeu  hundred,  such  of  the  streets, 
avenues,  sidewalks,  alleys,  wharves  aud  public  grounds  aud  squares  of  the 
Citv  of  St.  Louis,  aud  parts  thereof,  as  are  designated  in  ordinance  number 
19892.    (Ord.  19S92,  sec.  1;  M.  C,  p.  991.) 

Sec.  S  of  Ord.  19892  designates  speciflcaUy  the  streets,  avenues,  sidewalks,  al- 
leys, wliarves  and  public  grounds  and  squares  of  the  city  and  parts  thereof  to 
be  lighted  but  it  is  deemed  unnecessary  to  set  them  out  in  detail  in  the  general 
ordinances.  An  ordinance  for  temporary  lighting  (No.  19913)  was  enacted  to  tide 
over  the   interim   until   the  foregoing  went  into  effect. 

Sec.  1157.     Duration  of  li}>lit— cost  of  additional  lij^hting.— The 

lighting  therein  [above]  autluirizeil  shall  be  from  lilteeu  iiiiimtes  after  sun 
set  until  thirty  minutes  before  sunrise  every  day  in  the  year.  The  contracts 
shall  provide  that  any  lighting  of  additional  streets,  avenues,  sidewalks, 
alleys,  wharves  and  public  grounds  and  squares  that  may  be  authorized  by 
ordinance  during  the  life  of  the  contracts  shall  be  done  by  the  contractors 
at  the  same  rates  of  compensatii)n  as  the  lighting  herein  authorized.  (lb., 
sec.  2.) 

See.  1158.  Streets  in  desigrnated  district  to  be  lijflited  with  arc 
electric    lamps — incandescent     electric  lamps— where  placed. 

— Within  the  following  bounded  district  the  lighting  of  the  streets  aud  ave- 
nues shall  be  dune  with  arc  electric  lamps  and  the  alleys,  wharves,  public 
grounds  and  scpiares  shall  be  lighted  by  incandescent  electric  lamps,  the 
said  district  so  to  be  lighted  being  bounded  as  follows: 

Commencing  at  the  Mississippi  river  where  intersected  by  the  north 
line  of  Bremen  avenue;  thence  westwardly  along  the  north  line  of  Bremen 
avenue  to  the  west  line  of  Ninth  street;  thence  southwardly  along  the  west- 
ern line  of  Ninth  street  to  the  north  line  of  Tyler  street;  thence  westwardly 
along  the  north  line  of  Tyler  street  to  the  west  line  of  Thirteenth  street; 
thence  southwardly  along  the  western  line  of  Thirteenth  street  to  the  north 
line  of  Cass  avenue;  thence  westwardly  along  the  north  line  of  Cass  avenue 
to  the  west  line  of  .Jetferson  avenue;  thence  southwardly  along  the  west 
line  of  Jefferson  avenue  to  the  south  line  of  (J'houteau  avenue;  thence  east- 
wardly  along  the  south  line  of  Chouteau  avenue  to  the  west  line  of  i^eventh 
street;  thence  southwardly  along  the  west  line  of  Seventh  street  to  the 
south  line  of  Arsenal  street;  thence  eastwardly  along  the  south  line  of 
Arsenal  street  to  the  Mississippi  river;  thence  northwardly  along  the  Mis- 
sissipjii  river  to  the  place  of  beginning. 

All  streets,  avenues,  sidewalks,  alleys,  wharves  and  jiublic  grounds 
and  squares  of  the  City  of  St.  Louis  and  parts  thereof  wliich  are  designated 
in  ordinance  19892  [sees.  1156  to  1162  inclusive  of  Revised  (^ode,  aud  also  sec. 

*It  would  perhaps  appear  more  logical  and  accurate  to  assign  a  separate  chap- 
ter to  the  various  ordinances  on  electrical  contrivances,  regulations  and  matters 
(especially  lighting  plants),  contained  in  this  and  the  two  preceding  articles  of 
this  chapter,  but  since  those  matters  have  in  preceding  revisions  appeared  in  the 
chapter  corresponding  to  this  one.  so  that  the  city  officials  and  public  generally 
using  the  revisions  have  become  familiar  with  such  arrangement  and  classifica- 
tion,  it  is  deemed  best  to  retain   the  same  under  this  chapter  on   "Highways." 


1 


ART.   VIII  1        OF  CITY    LIGHTING    AM'   MUNICIPAL   LIGHTING   PLANTS.  795 

S  of  oriliii.iiiff  lltS'.tl'].  iimi  mil  iinhnlfd  in  llic  ilisi  rirl  aliovp  (!fscril)cil.  sli;ill 
lie  lijjiilcd  l>y  iiu';iiis  ol"  l;uii[)S  with  a  I'cri'jictoi-y  iiiMiillc  iiiatic  iiiraiKlcsiciil  liy 
liic  combiistidii  of  a  liydroraT'lioii  -jjas.     (Ord.     l!iMtL',  sec.  .".. ) 

Sc'-.  ll')!>.  riiiira<t«>r  of  liyrlit  in  saul  distrw-l — uiiHs  of 
lueaMurt'iiit'iit  —  (rriiis  (Irttiii-il.  —  Eacli  lamp  with  a  rcfrai'Iory 
uiauth-  luadi-  iiiraiidrsi'i-ut  liy  thi'  coiiil'iislioii  of  a  bydro-carlioii 
■;as.  sliall  omit  a  lij;ht  of  not  h'ss  than  sixty  caiidk'  jiowor.  ICai'li  arc  tik'ctrio 
lamjt  used  shall  consume  not  less  than  four  Imndrcd  and  cijjhly  wafts  of 
electrical  power  in  the  arc.  Each  incandescent  eleclric  iaiii|i  used  shall  lie 
of  not  leas  than  thirty  caudle  power. 

The  units  of  measurement  fur  i1h>  lighting  herein  antliori/.eil  shall  he: 
For  lamjis  with  a  refractory  nianlle,  made  incaiidesi  eiit  l>y  the  comhnslion 
of  a  hydro  carhon  gas.  one  thousand  mantle  lamii  hours;  for  arc  eleiii'ic 
lainj)s,  one  thousand  arclam]>  hours,  and  for  iiirandesceiit  eleclric  lam])s, 
one  thousand  iucandesceut  lamp  hours. 

.V  mantle-lamp  hour  is  hereby  deliiied  to  lie  the  coniiinioiis  operation 
of  one  lamp  with  a  rpfract<u'y  inautle  made  incauiU'sceut  hy  the  coinhus- 
tion  of  a  hydro-carhon  gas.  at  not  less  than  sixty  caudle  ]iower  for  one  limir 

Au  arc-lamp  is  hereby  defined  to  be  the  continuous  operation  of  one 
arc  electric  lamp,  consuming  not  less  than  four  linndre(l  and  eighty  watts 
of  electrical  jiower  in  the  arc  for  (Uio  hour. 

An  incandescent-lamp  hour  is  hereby  delineil  to  he  the  continuous 
oiK'ration  of  one  iucandesceut  electric  lamp  of  not  less  than  thirty-candle 
|Miwer  for  one  hour. 

The  standard  of  candle  jiower  for  measuring  the  illuniinaliug  power 
of  lani|i.s  shall  be  the  illumination  produced  by  the  consumption  of  one 
huiHlred  and  twenty  grains  of  sperm  jier  hour,  from  the  best  (piality  of 
l^nglish  standard  sperm  candles.     1  lb.,  sec.  4.) 

Sec.  Ilt;().  Seimral*' ronf  racts— tei'nis — bond.s. — The  coutra<'t  for 
lighting  by  means  of  lamps  with  a  refractory  mantle  and  the  contrait  for 
lighting  by  means  of  arc  or  imandescent  electric  shall  be  let  separately. 

All  coniraits  for  doing  the  lighting  herein  [above]  authorized  shall  be 
for  a  term  of  ten  years.  The  amount  of  bond  reipiirecl  for  the  rorilract  for 
lighting  with  refractorv  mantle  lamps  shall  be  two  hundred  thousand  dol- 
lars. 

The  amount  of  bond  re(|uirecl  for  the  contract  for  lighting  with  are  or 
incandescent  electric  lamps  shall  be  one  hundred  thousand  dollars.  (//>., 
sec.  r>.  ) 

See.  llHl.  I'aynu'iit  of  «'os(  <)f  Ifjrlitiiigr.— The  cost  of  lighting 
herein  [above]  authorized  shall  be  jciid  by  the  (.'ity  of  St.  Louis  out  of  the 
fund  appropriated  for  '"Street  Lighting."     t  lb.,  sec.  <>.) 

S. .     nti2.     Contract  ronditions  forarrand  inraiidcsci'iit  oloc- 

tric  lani|).s. — The  contract  for  lighting  the  district  described  in  section 
11. "S.  and  re<|uired  to  be  lighted  by  meaiiR  of  arc  and  incandescent  electric 
lamps,  shall  contain  a  provision  that  the  contractor  or  contractors  shall 
have  the  right  of  furnishing  electricity  for  light,  heat  or  power  to  con- 
sumers other  than  the  City  of  St.  Louis  located  within  said  district,  or 
located  within  the  blf>cks  immediately  adjacent  thereto;  upon  the  rendi- 
tion, however,  that  said  contractor  or  contractors  before  undertaking  to 


796  REVISED    CODE    OR    GENERAL    ORDINANCES.  [CHAP.    12. 

avail  themselves  of  this  ])ri\  ilege.  shall  first  comply  with  all  the  provisions, 
cuiulitiuns  and  requireiiieuls  of  sectious  1125  and  llliG,  or  with  all  of  the 
provisions,  conditions  and  reciuirements  of  said  sectious  as  they  may  at  any 
time  hereafter  or  from  time  to  time,  he  altered  or  amended,  or  with  the 
provisions,  conditions  and  requirements  of  any  other  ordinance  jirovisions 
that  may  be  enacted  in  lieu  of  said  sectious.  Said  contractor  or  contractors 
shall  further  have  the  right  to  construct  all  uecessary  conduits  for  his  or 
their  use,  within  the  boundaries  of  the  district  established  and  detined  in 
ordinance  number  eighteen  thousand  six  hundred  eighty  [K.  C,  sec.  1095], 
ajiproved  September  eight,  eighteen  hundred  ninety-six:  Provided,  how- 
ever, that  all  such  conduits  shall  be  built  within  two  years  from  and  after 
the  date  of  the  contract,  and  none  thereafter;  and  shall  also  have  the  right, 
outside  of  the  district  so  established  anil  detined  in  said  ordinance  number 
eighteen  thousand  six  hundred  eighty  [sec.  10!)5],  and  within  the  district 
embraced  in  the  contract,  to  erect  poles  and  to  string  wires  overhead  for  the 
distribution  of  electricity  for  light,  heat  or  power;  or  in  the  district  last 
referred  to,  may  construct  all  necessary  conduits,  manholes  and  appurte- 
nances for  his  or  their  use,  i)rovided  that  all  such  conduits,  manholes  and 
appurtenances  shall  be  built  within  five  years  from  the  date  of  said  con- 
tract, and  none  thei-eafter;  and  said  contractor  or  contractors  for  the  use 
aforesaid  may  place  wires,  tubes  and  cables  in  the  conduits  so  constructed. 
(7b.,  sec.  7.) 

Sec.  1163.  Ligrhting  of  southernniost  part  of  city. — That  por- 
tion of  the  City  of  St.  Louis  south  of  the  south  line  of  Keokuk  street  and 
south  of  said  south  line  produced  east  to  the  Mississippi  river  and  west  to 
the  western  city  limits,  shall  have  the  said  streets,  avenues,  sidewalks,  al- 
leys, wharves,  public  grounds  and  squares  located  therein  lit  with  hydro- 
carbon gas,  for  a  period  from  February  twenty-fourth,  nineteen  hundred 
and  five,  to  Angust  thirty-first,  nineteen  hundred  and  ten,  inclusive.  lOrd. 
21719,  sec.  1.) 

Oril.   21719.  sec.  6,  repealed  ordinance  19915  (M.  C.  p.  996). 

Sec.   1164.         Same — t'Oiitract  hoAV   let   and  eoiitain   ^rliat. — 

The  board  of  public  improvements  is  hereby  authorized  and  directed  to  ad- 
vertise for  bids  and  let  a  contract  for  the  lighting  of  all  streets,  avenues, 
sidewalks,  alleys,  wharves,  ])ublic  grounds  and  squares  iu  the  City  of  St. 
Louis  in  the  territory  described  in  section  1163,  by  means  of  lamps  having 
a  refractory  mantle  made  incandescent  by  combustion  of  hydro-carbon  gas. 
for  a  period  of  time  as  described  in  said  section  1H)3  of  tliis  article:  each 
of  the  lamps  herein  provided  for  shall  be  lighted  not  later  than  fifteen  min- 
utes after  sunset,  and  shall  burn  continuously  until  thirty  minutt^s  before 
.  sunrise  every  day  in  the  year.     (Ih..  sec.  2.) 

Sec.  1165.  Contract  how  awarded-depo.'sit  —  bond.  —  Bids  to 
be  received  and  the  contract  awarded  undi-r  sections  IIB^J  to  1168 
inclusive,  in  accordance  with  article  eight,  chapter  twenty-four  of  the  Re- 
vised Code  of  the  City  of  St.  Louis  [R.  ('..  sees.  1976  to  19943  inclusive], 
and  according  to  the  ])lans  and  specifications  and  form  of  contract  on  file 
with  the  president  of  the  board  of  jniblic  improvements.  The  dejiosit  to  be 
made  by  the  contractor  Itidding  for  this  work  is  hereby  fixed  at  twenty-five 
thousand  dollars.  The  bond  to  be  given  by  the  successrnl  bidder  is  fixed  in 
the  sum  of  one  hundred  thousand  dollars,     i //>.,  sec.  3.  i 

Sec.  1166.     What  provisions  contract  shall   contain. — The  con 

tract  entered  into  for  lighting  of  the  territory  described  in  section  1163 
shall  contain  the  following  jtrovisions,  to-wit:     "The  said  pai'ty  of  the  first 


ART.    VIII.)        OF  CITY   LIGHTING    ANI>   MINiriPAI,    I,1<;|ITIN(1    IM.ANTS.  707 

jiart  lii'iThv  ajii'i'i's  to  save  and  keep  tlie  ("ilv  id'  Si.  Louis  livi'  and  liariidcs.s 
li-oiii  till'  jiaviiieiit  of  aiiv  and  all  damages,  costs,  i>x])t>uses,  nnaltii's,  patent 
li'cs,  lawvci-'s  ft'cs.  or  sum  m-  sums  of  money  wiiatsoever  liy  i-eason  of  aii.v  in- 
Irinjiement  nr  allej;ed  inlriiii^'enienl  of  any  paleiil  or  patented  devices,  ai'li- 
rle,  system  of  arfangeineiil  that  may  lie  used  liy  said  tii'st  jiafty  in  the  exe- 
cution of  this  contfact  and  these  specilicat  ions ;  and  that  said  jiai'ty  ol'  (he 
lirst  part  will  not  use  any  ]ifocess  or  device  which  is  ctivei-ed  liy  lettei's  ]iat- 
ent  ol"  tlie  I'uited  States  except  with  the  consent  ol  the  patentee  or  his  as 
signs."     (lb.,  sec.  4.) 

Sec.  IHIT.  Cost  liow  |>:ii<l.  -The  cost  of  lighting  thai  pciiiinn  nf 
(he  ("ity  of  St.  Louis  as  descrilied  in  section  IKi.'i  of  this  afticle  and  hefei;i 
[ahovej  authorized,  shall  lie  paid  liy  the  City  of  St.  Louis  out  (if  any  funds 
annually  appropriated  for  lighting  said  district.     (//*.,  sec.  ."i. ) 

Sec.  1  n;8.  Oil  (t>riiiin:iti4»ii  «>r  <'oiitract  to  !•«'  ri'-lot.— In  case 
of  the  ftirfeitnre  or  other  determination  of  any  contracl  entered  into  under 
the  authority  of  sections  IKi:!  to  11  Til  hercdf.  prior  to  its  terminatidii  liy 
Ia]i.>«'  of  time,  the  hoard  of  i>ul)lic  imiu'ovements  shall  liaxc  anthorily  to  let 
another  contract  for  the  doing  of  the  work  herein  provided  for  during  the 
unexpired  term,  in  which  event  it  shall  advertise  for  bids  therefor  as  pro- 
vided liy  iii'dinance  in  force  at  such  titiK^  or  liiiu's.     \lb..  sec.  7.) 

Se<'.  lU;!t.     3lunifipal  <'U'c(ric  ligrlit  plaiil  toligflit  |>iil)Iif  places 

ami  .streets. — There  is  heri'liy  creaied  n  fiiml  fni-  ilie  i-n-ci  iuii  and  in- 
stallation of  a  ninnici|>a!  lighting  jilani  for  the  piir|iose  of  lighting  the 
streets,  alleys  and  pulilic  pho'es. 

Said  fund  shall  be  used  for  the  purjiose  of  erecting  a  snitaiile  iiuiUliiig, 
purchasing  machinery,  constructing  conduits,  jtole  lines  and  providing  all 
the  necessary  e(|uipments,  a](purtenances  and  iUtachments  for  the  installa- 
tion of  complete  electric  light  plant,  and  shall  lie  exjiended  only  as  when 
directed  by  ordinance.     (Ord.  L'n'.i.l'.t.  .sec.  1.1 

Sec.  1170.  Same  —  fuiul  ereiitetl. — On  or  before  the  fifte<'nth  day 
of  May  of  each  year  the  coiuptitilliM-  shall  have  authority  to  transfer  from 
municipal  revenue  to  "fund  for  the  erection  and  installation  of  electric  light 
plant"  the  sum  of  one  hundred  and  forty  thousand  dollars,      ilb..  sec.  2. 1 

Sic.     1171.      ruhlir     <>iiil4lin<;s     (o    be     lig:hte<l    by    <>l<M'(ric 

lamps. —  The  board  ol  pulilic  iiiipro\emi'iits  is  hereliy  a\iiliori/.ed  and  di- 
rected to  cause  the  lighting  by  means  of  electric  lamps  made  luminous  by 
tlie  jiassage  of  a  current  of  electricity  the  following  buildings,  from  and 
after  the  ajijiroval  of  the  first  contract  by  the  council,  to-wit:  Fire  engine 
hon.ses  and  police  stations  north  of  Keokuk  street  and  its  ]iroloiigafion ; 
court  house;  old  city  hall  building,  while  occuiiied  and  used  by  the  city: 
city  liosjiital  and  buildings  on  city  hosjiital  grounds:  insane  asylum  and 
buildings  on  insane  asylum  grounds;  female  hosjiital  and  hnildings  on 
female  hospital  gi'onnds;  |ioorhou.se  and  buildings  on  poorhou.se  grounds; 
four  courts  and  buildings  on  same  block;  new  city  hall;  city  buildings  num- 
ber twentythn^'  hundred  twenty-two  Clark  avenue  and  buildings  on  same 
lot:  rorest  I'ark  buildings,  including  Liinlell  pavilion,  jiark  department 
stable  and  observatory;  water  ilc|iartmenl  buildings,  ini'luding  immping 
engine  houses,  boiler  houses,  coal  hon.ses.  gate  luiuses.  machine  sliojis.  black- 
smith shops,  warehouses  and  oftice  buildings  at  Chain  of  Hocks.  liis.sell's 
Point,    Maden,  Comjtton   hill   reservoir  grounds  and   pipe  yard   at   Taylor 


798  REVISED    CODE    OR    GENERAL    ORDINANCES.  [CHAP.    12. 

avenue  and  Duncan  avenue;  Union  market  and  Soulard  market;  street  de- 
partment buildings  at  number  twenty-seven  hundred  thirty-two  Arsenal 
street,  number  nineteen  hundred  eleven  Wash  street  and  number  thirty- 
seven  hundred  four  north  Clraud  avenue,  while  ociupied  and  used  by  the 
city;  health  department  buildings  at  number  thirty-five  hundred  sixty-four 
south  Broadway  and  thirty-six  hundred  eighteen  north  Broadway,  while 
occu])ied  and  used  by  the  city;  temporary  city  hospital  and  buiklings  on 
tenijiorary  city  hospital  grounds,  while  occupied  and  used  by  the  city;  har- 
bor and  wharf  commissioner's  office  on  the  levee.  (Ord.  19914,  sec.  1;  M. 
C,  p.  995.) 

Ord.  22878,  enacted  too  late  to  appear  in  the  Revised  Code,  repealed  ord.  19914. 
which  is  Rev.  Code.  sees.  1171  to  1176:  the  new  ordinance  provides  for  the  letting 
of  contracts  by  the  B.  P.  I.  for  furnishing  electricity  used  in  lighting  the  public 
buildings  of  the  city.  See  this  ordinance  set  out  in  the  appendix  to  the  Revised 
Code.  For  electric  plants  at  New  City  Hall.  Insane  Asylum,  etc..  see  below,  sees. 
1177-1178. 

Sec.  1172.  Duration  anil  terms  of  contract. — Contracts  let  under 
authority  of  sections  1171  to  117(i  shall  be  for  terms  of  one  year,  ])rovided, 
however,  that  the  first  contract  shall  be  for  a  term  beginning  five  days  after 
the  approval  of  the  contract  by  the  council,  and  ending  August  thirty-first, 
nineteen  hundred  and  one.  The  said  first  contract  shall  jirovide  for  the 
furnishing  of  electricity  and  necessary  lamps,  fittings,  wiring  and  their 
maintenance  during  the  term  of  the  contract,  provided,  however,  the  city 
shall  have  the  right  to  provide  its  own  lamps,  fittings,  wiring  and  maintain 
the  same;  subsequent  contracts  shall  provide  only  for  the  furnishing  of  the 
electricity.     (lb.,  sec.  2.) 

Repealed  by   ord.    22S78;   see   preceding  note. 

Sec.  1173.     Separate  contracts  for  each   district The   lighting 

herein  authorized  shall  be  executed  under  sejtarate  contracts  for  lighting 
the  designated  public  buildings  in  the  following  districts,  namely: 

District  number  one — Bounded  by  the  western  city  limits,  the  northern 
city  limits,  the  Mississippi  river  and  the  south  line  of  Washington  avenue 
and  said  south  line  produced  to  the  western  city  limits. 

District  number  two — Bounded  by  the  western  city  limits,  the  south 
line  of  ^^'ashington  avenue  and  said  south  line  produced  to  the  western 
citv'  limits,  the  Mississippi  river,  the  south  line  of  Keokuk  street  and  said 
south  line  produced  to  the  western  city  limits.     (/&.,  sec.  3.) 

See  note  to  sec.   1171. 

Sec.  1174.  Unit  of  nieasiu'enient. — The  unit  of  measurement  for 
the  electricity  furnished  for  the  lighting  of  the  public  buildings  herein 
authorized  shall  be  one  thousand  watt  hours.  A  watt  hour  is  hereby  de- 
fined to  be  the  exiienditure  of  one  watt  of  electrical  power  for  one  hour. 
{/}).,  sec.  4.)  • 

.See  note  to  sec.   IITI. 

Sec.  117").  Amount  of  bonds.— The  amount  of  bond  required  under 
all  contracts  let  under  this  oi'dinance  shall  be  the  full  amount  of  the  con- 
tracts.    (/&.,  sec.  5.) 

See    note    to    .spc,    1171. 

See.  1176,  Payment  of  cost  of  lijjlitinj;. — The  co.^^t  of  the  light- 
ing herein  authorized  shall  be  paid  by  the  City  of  St.  Louis  out  of  the  fund 
annually  appropriated  lor  "Lighting  jiulilic  buildings.'"     {lb.,  sec.  (!. ) 

.St'o   note   to   see.    1171, 

Sec.  1177.  Electric  plant  at  new  city  hall  to  lig^ht  certain 
l)uildiii*fs.  — The  liDard  of  i)iiblic  im]irovements  is  hereby  authorized  and 


ART.    IX.  J  OF  TELEGRAPH  AND  TELKPHONE  POLES.  yyg 

(lirt'i'ted  to  coihstnicl  an  t'lcriric  li;;lii  |ihiiii  in  llu-  lia.-;t'iiiciii  nl  ilic  NCw  ('it\ 
IJall.  with  all  necfssai'v  ii)ii(!iiils.  wii-iii';  and  attai-litiu'iils  and  a|i|iiir 
tenauces  for  tho  purposo  id'  li-ilitiiij;  llio  New  City  Hall.  Four  Courts  and 
jail,  old  city  hall  whil.si  oi-riipicd  by  the  city,  engine  house  number  six  and 
court  lionsc.     lOi-d.  L'(is:!7. 1 

Sic.  117^.    Same — at  iiisaiu' iisylum  1<»  lijjlit  «'«'r(aiii  luiihlinj^H. 

— The  board  of  |>ublic  inipniM'nienis  is  iicrciiy  ant  lion/cd  and  ilircricd  in 
construct  an  electric  li^dit  |danl  al  llie  insane  asylum,  with  all  necessary 
pole  lines,  altaclimenis  and  ap|>urienances  for  the  purpose  of  lij;litinji-  the 
insane  asylum,  female  hospital,  poorhouse  and  en;:iiie  iiii\isc  nnmlier  thirty- 
tive.     (Ord.  ::tts:{S.) 

ARTICLE  IX. 

OF  Tin.FCJR.M'H    .VNP   TEMCPIIONK    POl.K.-^ 

Sec.  117!I.     TeU'y:rai»li  poles,  ete— coinlitMnis  of   selliiifj:. — Any 

tele;;ra|di  and  telephone  company  duly  im'orp<u'aled  acciu'din;;  to  law,  doing 
business  or  desiring  to  do  business  in  the  city,  is  hereby  aullu)rized  to  set 
its  jioles,  pins,  abutments,  wires  and  other  fixtures  along  and  across  any 
of  tlie  jmblic  roads,  streets  and  alleys  of  the  city  subject  to  the  regulati(Uis 
hereinafter  provided.     (M.  C,  .sec.  1132.1 

.\  telegraph  company  Is  not  strictly  a  common  carrier,  but  the  use  of  the 
streets  by  such  a  company  Is  a  public  use.  not  Inconsistent  with  street  purposes: 
State  ex  rel  Subway  Co.  vs.  St.  Louis.  Ho  Mo.  551  (overruling  State  ex  rel  vs.  Murphy, 
134  Mo.  548);  Julia  Building  Co.  vs.  Bell  Tel  Co..  88  Mo.  258;  St.  Louis  vs  Western 
Union.  149  U.  S.  465,  s.  c.  148  U.  S.  102.  A  company's  right  to  place  electric  wires 
Is  subject  to  re.isonable  police  regulations  of  the  city:  Laclede  G.  L.  Co.  vs.  Mur- 
phy." 170  V.  S.  78.  affirming  State  ex  rel  vs.  Murphy.  130  Mo.  10.  But  a  munitipal  or- 
dinance which  peremptorily  directs  a  change  in  the  location  of  telephone  poles,  as 
previously  permitted  and  occupied,  can  not  be  upheld  when  it  is  neither  averred 
nor  shown  that  the  existing  location  incommodes  the  public,  or  that  any  good 
reason  exists  for  the  niimval;     Hannibal   vs.   M.  &   K.  Tel  Co..  31   Mo.   -Vpp.   23. 

Sec.  IISO.     Teie}frai>h   pole.s — wIh'ii    may    be   .s<>(    in  alleys. — 

\\'henever.  in  the  judgment  of  the  board  of  public  improveiiK'nts,  the  use  of 
any  alley  for  such  juirpose  is  practicable,  the  jioles  of  such  com|)auies  shall 
be  placed  ujion  and  along  saitl  alley  instead  of  ujton  and  along  the  streets 
next  .■idj()ining  and  parallel  thereto.  Where  the  pt)les  are  set  in  any  alley 
they  shall  be  located  as  near  the  side  lines  of  the  alley  as  ]u-acticable  and 
in  siii'li  manner  as  not  to  incommode  the  public  or  the  ailjoining  proprietors 
or  residents.     ( .M.  (".,  sei-.  113.S.) 

Sec.  IISI.  Si'/.<'  ami  (inalilx  of  |»oles — lo<-a(ion. — The  poles  used 
as  herein  provided  shall  be  of  sound  timber,  not  less  than  tive  inches  in 
diameter  at  the  upper  end.  straight,  shajiely  and  of  uniform  size,  neatly 
planed  or  shaved,  and  thoroughly  painted  with  two  coats  of  lead  and  oil 
paint  of  such  colors  as  may  be  directecl  by  the  board  of  public  improve- 
ments, and  be  supplied  with  iron  steps  commeming  twelve  feet  from  the 
surfare  of  the  ground  and  rearhing  to  the  arms  sujiporting  the  wires;  said 
wires  shall  be  run  ai  a  height  not  li>ss  than  twenty  tive  ftH't  above  the  grade 
of  the  street.  Whenever  the  poles  are  erected  on  a  street,  they  shall  be 
placed  in  all  lases,  when  practicable,  on  the  outer  edge  of  the  sidewalk  jnst 
inside  of  the  curbstone,  and  on  the  line  dividing  the  lots  one  from  tlu» 
other,  and  in  no  case  to  be  so  placed  as  to  obstruct  the  drainage  of  the 
streets  or  to  interfere  with  or  damagt>  in  any  w.'iy  the  curl*tones,  trees  or 
other  public  or  private  projierty  on  the  "ne  of  the  street  or  alley  where 
such  poles  shall  Ih>  erected.     (M.  (\,  sec.  1134.) 

See  R.  C.  sec.  1122.  nearly  the  »nn\e  provision*. 


800  REVISED     CODE    OR    GENERAL    ORDINANCES.  [CHAP.    12. 

Sec.  1182.  Proposed  route  to  be  submitted  to  board — paving 
restored.  • — Before  any  telegraph  or  telephone  company  shall  erect  any 
poles  upon  any  street  or  alley  they  shall  submit  for  approval  to  the  board 
of  public  improvements  the  route  of  their  proposed  line  or  lines,  stating  the 
name  of  the  street  or  streets  to  be  occupied,  or  if  an  alley  the  number  of  the 
block,  and  as  far  as  jiracticable,  the  location  of  each  pole.  All  work  of 
excavating,  refilling  and  restoring  the  pavement  shall  be  done  under  the 
supervision  and  direction  of  the  street  commissioner  and  to  his  entire  satis- 
faction, and  in  all  ca.ses  the  pavement  shall  be  restored  as  .speedily  as  possi- 
ble and  to  the  same  condition  it  was  before.     |M.  C,  sec.  1135.  i 

Sec.  1183.  Board  may  direct  alterations. — The  right  is  hereby 
reserved  to  the  board  of  public  improvements  at  any  time  to  direct  any 
alteratiou  in  the  location  of  said  poles  and  also  in  the  height  at  which  the 
wires  shall  run ;  but  before  any  such  alteration  is  made  at  least  five  days" 
notice  in  writing  shall  be  given  to  the  president  or  local  officer  in  charge 
of  the  company  aft'ected  by  the  proposed  alteration ;  and  reasonable  oppor- 
tunity shall  be  afforded  the  representatives  of  such  company  or  any  citizen 
interested  to  be  heard  therein.  Hut  when  any  such  alteration  shall  be  or- 
dered, the  said  company  shall,  within  live  days  thereafter,  commence  such 
altei'ations  and  com])lete  the  same  as  soon  as  jiracticable  thereafter,  and 
upon  failure  so  to  do,  it  shall  be  deemed  guilty  of  a  misdemeanor  and 
punished  as  hereinafter  provided.     (M.  C,  sec.  1186.) 

Sec.  1184.  Deposit  to  be  made — penalty — Every  telegraph  or 
telejihone  company  doing  business  in  this  city  shall  keep  on  deposit  with 
the  treasurer  the  sum  of  fifty  dollars,  subject  to  the  order  of  the  street  com- 
missioner, to  be  used  by  him  in  restoring  any  sidewalk,  gutter,  street  or 
alley  pavement  displaced  or  injured  in  the  erection,  alteration  or  removal 
of  any  pole  of  such  comiiany,  when  said  coinjiany  refuses  or  fails  to  make 
such  restoration  to  the  satisfaction  of  such  commissioner.  Any  company 
failing  to  make  such  deposit  within  five  days  «fter  commencing  business, 
or  which  shall  fail  to  make  good  the  amount  when  any  portion  of  it  has 
been  expended  as  herein  provided,  within  five  days  after  notice  so  to  do  has 
been  sent  by  the  street  commissioner,  shall  be  deemed  guilty  of  a  misde- 
meanor and  punished  as  hereinafter  provided.     I  M.  C,  sec.  1137.) 

Sec  1185.  Poles— use  of  top  cross-arms  by  city  to  be 
agreed  to, — Any  company  erecting  poles  under  the  {U-ovisions  of  this  ar- 
ticle shall,  before  obtaining  a  jiermit  therefor  from  the  board  of  public  im- 
provements, file  an  agreement  in  the  office  of  the  city  register  permitting 
the  city  to  occupy  and  u.se  the  top  cross-arms  of  any  pole  erected,  or  which 
is  now  erected  for  the  u.se  of  said  city  for  telegraph  purposes  free  of  charge. 
(M.  C,  sec.  1138.) 

Sec.  118G.  Article  construed.  — Nothing  contained  in  this  article 
shall  be  so  construed  as  to  in  any  manner  afl:"ect  the  right  of  the  city  in  the 
future  to  jirescribe  any  other  mode  of  conducting  such  wires  over  or  under 
its  thoroughfares.     (M.  C,  sec.  113!).) 

Sec.  1187.  Acceptance  to  be  filed. — ICvery  telegraph  and  tele 
jilidne  coni])any  doing  business  in  this  city  shall,  within  five  days  after  com- 
inciicing  business,  file  with  the  city  register  its  acceptance  in  writing  of  so 
nnicli  of  this  article  as  relates  to  the  use  by  the  city  of  top  cro.ss-arm  of  the 
poles.     (M.  (1,  sec.  1140.) 


AUT.  IX]  OK  TELEGItAPH  AND  TELEPHONE  POLES.  801 

Sec.  1188.  Coiiipeiisiitioii  r«>i-  iis«>  uf  .streets. — All  teleu:rnph  tvnd 
telepliuiie  CDiniiaiiii's  wliiili  are  not  l)v  ordiuauce  la.\ed  im  tlicir  j^i'oss  in- 
come lor  city  purposes  shall  pay  to  the  city  lor  the  privilege  of  usini;  the 
streets  and  alleys  and  public  i)laces  thereof,  as  follows:  The  pole  lines  and 
the  wires  carried  thereon  for  each  and  every  throe  hundred  feet  of  sn-eet. 
alley  or  roadway  alon^  or  across  which  the  pole  line  and  wires  extend,  the 
sum  of  I  Wo  dollars  ju'r  annum.  For  house-top  wires,  includinjj;  those  which 
are  [lermitted  to  remain  oxerhcad  by  virtue  of  the  provisions  of  article  six 
of  this  chapter,  in  the  foliowinj;  described  district,  to  wit:  Mississi|i|)i 
river  on  the  east.  Twenty -second  sireel  on  the  west.  Wash  street  on  the  north 
and  Spruce  street  on  the  south,  and  on  all  wires  carried  on  poles  belongin}; 
to  others,  tlie  sum  of  ten  cents  annually  for  each  and  every  wire  wherever 
the  same  cros.ses  a  street  or  public  alley,  being  ten  cents  for  each  aud  every 
such  crossing  or  intersection.     (M.  C.  sec.  1141.) 

St.  Louis  Is  authorized  to  Impose  upon  a  telegrapti  company  putting  its  pol<>s 
in  tiio  streets  a  ctiarge  in  tiie  nature  of  a  rental  for  tiic  exclusive  use  i>f  the 
parts  so  useii.  St.  Louis  vs.  W.  U.  Tel.  Co..  149  U.  S.  465.  Such  a  charge  Is  not  a 
privilege  or  license  tax,  and  whether  it  Is  reasonable  is  a  question  for  the  court: 
St.  Louis  vs.  W.  U.  Tel.  148  U.  S.  92;  see  also  100  U.  S.  388.  Imposition  of  a  license 
on  a  company  doing  business  exclusively  within  a  city  does  not  Interfere  with 
interstate  commerce  and  is  a  police  regulotion:  Postal  Tel.  vs.  Charleston.  133  U. 
S.  692.  But  the  city  cannot  flx  the  rates  for  telephone  companies:  See  note  to  R. 
C,  sec.   119,^.  and  cases   tiicre  cited. 

Sec.  1189.  Aiiiiiial  statement  lo  coniptroller. — The  suptrvisor 
of  city  lighting  sliall  report  to  the  comptroller  on  or  alioiit  the  first  day  of 
.Inly  eadi  year  the  extent  of  streets,  alleys  and  public  places  over  and  along 
which  tlie  pole  lines  aud  wires  of  each  telegraph  and  telephone  company, 
not  paying  live  per  centum  of  their  gross  receipts  into  the  city  treasury 
may  be  erected,  as  well  as  any  and  all  wires  on  house-tops  or  on  poles  not 
owned  by  the  wire  owuer,  and  the  immber  of  such  crossings  or  intersections. 
(M.  (.'.,  sec.  ll-lL'.l 

Sec.  1190.  Collector  may  exaiuine  ollieer.s — when,— If  the  li- 
cense collector  shall  not  be  satisfied  of  the  correctness  of  any  statement  so 
made  by  said  officer,  he  sliall  have  power  to  reipiire  said  officer  to  appear 
before  him  with  the  books  and  jiapers  of  the  compiuiy  and  submit  to  an  ex- 
amination concerning  the  matters  aforesaid,  and  i''  it  sli;ill  be  ascertained 
to  tlM»  satisfaction  of  the  license  collector  on  s;iid  examination,  or  in  any 
other  manner,  that  said  officer  has  not  returned  the  full  number  of  poles 
in  use.  as  above  provided,  he  shall  order  the  company  to  pay  him  forthwith 
the  deficiency  ascertained  by  said  examination.     ( M.  C,  sec.  1143.) 

Sec.  11!)1.  l*«>nalty  for  victlating;  preei'tlinj;-  seetions. — Every 
violation  of  the  provisions  of  the  foregoing  sections  of  this  article  slmli 
constitute  a  misdemeanor,  aud  the  corporation,  or  the  principal  officer 
thereof,  in  St.  Louis,  violating  the  same,  shall,  upon  conviction,  be  fined 
not  less  than  fifty  dollars  nor  more  than  five  liun<lred  dollars  for  each  of- 
leiKie,  aud  every  day's  refusal  or  neglect  to  pay  the  amount  aforesaid  in 
each  year  after  the  first  day  of  August  of  said  year  shall  constitute  a  sep- 
arate ofl'ense.     (M.  C.  sec.  1111.^ 

See.  1192.  I'rivilejje.s — <-on«lit ion.x  of  Itond. — No  person  or  per- 
sons, corporation  or  association,  doing  a  lelej)hoiie  business  in  the  City  of 
St.  Louis  shall  be  entitled  to  tlie  ]irivileg(>  of  using  the  streets,  alleys  and 
public  places  of  said  city,  as  providi'd  in  the  |>receding  .sections  of  this  ar- 
ticle, except  upon  the  following  condition.'*,  to  wit:    That  said  person  or  per- 


802  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  12. 

sons,  corporation  or  association  about  to  commence  business  shall  file  in  the 
office  of  tlie  city  register,  at  the  time  tluit  the  application  is  made  for  the 
use  of  the  streets  or  alleys,  under  the  provisions  of  the  preceding  sections 
of  this  article,  his  or  its  written  acceptance  of  the  privileges  granted  by 
the  said  preceding  sections  of  this  article,  and  agree  therein  that  he  or 
it  will  on  the  first  day  of  July  and  January  of  each  year  thereafter  tile 
with  the  comptroller  of  the  city  a  statement  of  his  or  its  gross  receipts 
from  his  or  its  business  arising  from  the  telephone  business  for  the  six 
months  next  i)recediug  such  statement,  which  shall  be  sworn  to  by  such 
person  or  jiersons  or  the  president  or  secretary  of  such  corporation  or  as- 
sociation;  and  further  agree  that  he  or  it  will  at  the  time  of  the  tiling  of 
such  statement  with  the  comptroller,  pay  into  the  city  treasury  two  and 
one-half  percent  on  the  amount  of  such  gross  receipts  uj)  to  the  year  eight- 
een hundred  and  ninetj',  and  five  per  cent  on  the  amount  of  such  gross 
receipts  thereafter,  which  amount  shall  be  in  addition  to  all  other  taxes 
imposed  by  law,  and  such  person  or  persons,  corporation  or  association 
shall,  at  the  time  of  filing  such  acceptance,  also  file  with  the  city  register 
his  or  its  penal  bond  in  the  sum  of  twenty  thousand  dollars,  with  two  or 
more  good  and  sufficient  securities,  to  be  ajijiroved  l)y  the  mayor  and  coun- 
cil, conditioned  that  he  or  it  does  comply  with  all  the  provisions  of  this 
article  and  of  all  ordinances  which  may  hereafter  be  passed  relating  to  tele- 
phone companies  and  will  pay  into  the  city  treasury  the  percentage  upon  its 
gross  receipts,  as  i)rovided  by  this  section.     (51.  C,  sec.  114.").) 

See.  1193.     Comptroller  may  examine  books  ami  papers. — If 

the  comptroller  shall  not  be  satisfied  of  the  correctness  of  any  statement 
made  as  required  in  the  preceding  section  he  shall  have  power  to  require 
any  of  the  parties  making  such  statement  to  make  to  him  an  exhibit  of 
the  books  and  ])a])ers  of  such  i)arty,  and  he  may  nuike  an  examination 
thereof,  and  if  it  shall  api)ear  from  such  books  and  juipers.  or  if  in  any 
other  manner  he  shall  have  satisfactory  proof  thereof  that  the  gross  re- 
ceipts of  such  party  during  the  time  specified  in  such  statement,  were  great- 
er than  the  amount  so  returned  in  such  statement,  then  the  said  party  not- 
withstanding such  statement,  shall  pay  into  the  city  treasury  the  percent- 
age as  provided  in  section  eleven  hundred  and  ninetv-two  upon  such  excess. 
(M.  C,  sec.  1146.) 

See.  1194.     Penalty  for  violatinji'  two  preceding-   sections 

Any  person  or  persons,  corporation  or  association,  doing  a  telephone  busi- 
ness in  the  City  of  St.  Louis,  or  any  president,  manager,  superintendent  or 
local  officer  in  charge  thereof,  who  shall  violate  or  fail  to  comply  with  any 
of  the  jirovisions  of  the  next  two  preceding  sections  of  this  article,  shall 
be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof,  shall  be 
fined  not  less  than  fifty  dollars  nor  more  than  tive  hundred  dollars  for  each 
offense;  and  each  and  every  day's  refusal  or  neglect  to  pay  the  amount  due 
for  any  six  months,  as  provided  in  the  preceding  section  of  this  article, 
within  ten  days  after  the  same  becomes  due  and  payable,  shall  constitute 
a  separate  offense.     (M.  C,  sec,  1147.) 

Sec.  11 !»."(.  Reservation  of  rights. — The  city  reserves  the  right  to 
fix  the  rales  and  charges  for  the  use  of  telephones  and  to  alter,  amend  or 
rejieal  the  next  three  preceding  sections  at  any  time.     (M.  C,  sec.  lllS.  i 

Where  there  is  no  reservation  in  the  contract,  an  ordinance  of  a  city  attempt- 
ing to  fix  telephone  rates  is  void  as  beyond  municipal  functions:  State  ex  rel 
vs.  Telephone  Co.,  1S9  Mo.  S3;  the  right  to  regulate  the  rates  of  telephone  com- 
panies does  not  exist  under  the  St.  Louis  Charter:  96  Mo.  623;  and  even  an  ex- 
press charter  provision  (in  Kansas  City  charter)  was  held  void  because  the  fixing 
of  telephone  charges  is  not  a  municipal  function:  State  ex  rel  vs.  Telephone 
Co.,  189  Mo.  83. 


ART.  X.l  OF  GARBAGK    DISPOSAI^  gp-j 

ARTICLE  X. 

OP  GARBAGE   DISPOSAL.* 

•See  In  connection  herewith  Olinp.  XI,  Art.  13,  sees.  685-G93;  and  also  R.  C, 
sees.  607.  614  and  68S,  relating  to  garbaKo  and  ofTal.  The  provisions  for  the  dis- 
posal of  garbagi'  and  slops  \v<rc,  t"i"lor  to  the  passnge  of  ordinance  2Hlfl.  In- 
cluded In  the  duties  of  the  Health  Department  (Miin.  Code  sees.  675  rt  se<i.) 
But  It  was  hold  In  the  case  of  State  vs.  Butler,  17S  Mo.  272,  that  under  the  St. 
Louis  Charter  the  authority  could  not  he  conferred  by  ordinance  upon  the  Board 
of  Health  to  contract  for  the  disposal  of  garbage  (which  was  "public  work"  and 
under  the  jurisdiction  of  the  B.  P.  I.),  and  that  such  ordinances  were  void;  there- 
after this  subject  was  transferred  by  ordinance  No.  21116  from  the  health  depart- 
ment to  the  street  department,  the  B.  P.  I.  to  let  the  contracts.  Ord.  21417  re- 
pealed Ord.  20476,  and  provided  for  an  emergency  contract  with  the  St.  Louis 
Sanitary  Co.  for  the  disposal  of  garbage  and  dead  animals  up  to  Nov.  14,  1904 
(said  company  having  had  the  prior  contract  under  the  void  ordinance,  which  con- 
tract was  declared  canceled  by  the  latter  one):  Ord.  21418  and  21419  provided 
for  the  relief  of  Kxcelslor  Hauling  Co.  and  St.  Louis  Sanitary  Co.,  both  of  which 
had  been  under  contract  with  the  city,  and  was  In  compromise  of  their  claims. 
Ord.  21420  provided  for  the  purchase  by  the  mayor  and  comptroller  of  certain 
realty  (part  of  the  garbage  plant)  and  repealed  sees  674-703  of  the  M.  C.  Ord. 
2I60S  authorized  the  street  commissioner  to  appoint  employes  In  the  garbage 
division,  etc.,  Ord,  21609  authrfrlzed  the  purchase  by  the  city  of  the  hauling 
plant  formerly  owned  by  Excelsior  Hauling  Co.:  and  Ord.  21568  authorized  the 
erection  for  the  garbage  division  of  the  brick  houses  at  Vandeventer  avenue  and 
Forest   Park    boulevard. 

Sec.  119().  15.  I*.  I.  to  font r;ut  lor  tlisixisal  of  ;;arl)aj'e.  — Tli« 
lioiiid  of  public  iinprovemeuts  is  liereby  authorized  aud  directed  to  provide 
l)v  contract  for  tlio  disposal  of  j;arl)a>ie  of  the  City  of  St.  Louis,  by  removal 
thereof  not  less  than  live  miles  outside  of  the  corporate  limits  of  the  I'liy 
<>{  St.  Louis.     (Ord.  2141G,  sec.  1.) 

The  B.  P.  I.  and  not  the  honr.l  of  ii.alth  should  let  the  contract:  State  v.s. 
Butler.  178  Mo.  272. 

Sec.  ll'.iT.  Contract  to  run  fifteen  year.s, — The  term  of  said  Kin- 
tract  shall  be  (ov  a  term  of  fifteen  years  from  date  of  approval  thereof  by 
the  city  council  and  shall  become  operative  at  the  date  designated  by  tho 
li(i:ird  (if  public  improvements.     {lb.,  sec.  2.) 

Sec.  IIDS.  Term  "vri>'''»:iy:«'"  <l«'fiiu'<l.— The  term  "garbafte"  shall 
include  the  refuse  matter  from  kitchens,  paiilries.  dining-rooms  and  otlier 
jiarts  of  hotels,  restaurants,  boarding-houses,  tenement  houses,  dwelling 
liiiu.sos.  the  public  institutions  belonging  to  the  City  of  St.  Louis,  the  State 
i(f  Missiiuri.  the  I'niled  Slates  and  all  other  public  institutions,  iiiarket- 
Imuses.  private  hospitals  and  cliiblioiiscs.  the  animal  refuse  from  slauglitcr- 
liKiises,  the  refuse  garbage  and  animal  matier  from  butcher  sliojis,  meat 
shops  and  vegetable  stands,  the  refuse  fruit  ami  vegetables  from  stores  and 
■  ommission  houses,  the  refuse  animal  matter  from  poultry  stores,  the  refuse 
i-om  tish  stores,  all  dead  animals,  including  dogs.  cats,  goats,  sheep,  fowls, 
liorses.  mules,  steers,  rows  and  bulls  that  may  be  <'ollected  from  the  streets, 
alleys,  parks  or  from  private  |iremises  in  the  ("ity  of  St,  Lunis.  and  all  ani- 
mal and  vegetable  matter  that  may  be  delivered  or  caused  to  be  delivered 
to  the  c(intr:irtor  by  the  City  of  St.  Louis  nr  any  jierson  or  corporation 
therein,     i  //)..  .sec.  '^.) 

See   R.  C.  sec.  68S. 

S' '  llM'i  ('oiitriict  (•ontrollcd  liy  H.  1».  I. — work  to  be  iin- 
<l«'r  (lirtM'lion  of  s|  rrrl  (li'parl  iiM'iil .      Said  conti-;iii  shall  be  madi'  iti 


804  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  12 

accordance  with  such  rules  and  regulations  as  may  from  time  to  time  be 
approved  by  the  board  of  public  improvements  and  the  work  done  there- 
under shall  be  under  the  direction  of  the  street  department.     (lb.,  sec.  i.) 

Sec.  1200.  B.  P.  I.  to  advertise  for  bids,  etc.— It  shall  be  the 
duty  of  the  board  of  public  improvements  to  advertise  for  bids  for  the  dis- 
posal of  said  garbage  within  thirty  days  after  the  passage  and  approval  of 
this  ordinance;  provided,  however,  that  the  said  board  shall  have  full  power 
and  authority  to  reject  all  bids  so  advertised  for  and  submitted,  if  in  its 
judgment,  the  interests  of  the  city  may  so  require,  and  in  such  event  shall, 
in  like  manner  as  herein  provided,  readvertise  for  bids  for  such  work. 
(Jh.,  sec.  5.) 

Sec.  1201.  What  contract  to  cover.  — Said  contract  shall  provide 
that  the  iH)ntraclor  for  the  disposal  of  garbage  shall  receive  garbage  fi'om 
the  city  or  anyone  authorized  by  said  city  to  deliver  garbage  to  the  con- 
tractor at  such  points  within  the  City  of  St.  Louis  as  may  from  time  to  time 
be  designated  by  the  board  of  public  improvements.     (lb.,  sec.  6.) 

Sec.  1202.  8anie. — Said  contract  shall  also  provide  that  the  con- 
tractor shall,  in  a  manner  approved  by  the  board  of  public  improvements, 
establish  suitable  receiving  stations  at  points  to  be  designated  by  the  board 
of  public  improvements,  and  provide  proper  means  of  transportation  from 
the  city  for  all  garbage  that  may  be  delivered  to  said  contractor.  {lb.. 
sec.  7.) 

See.  1203.  Same— boinl Said  contract  shall  iimvide  that  the  con- 
tractor shall  fiiruisli  bond  for  lifty  thousand  dollars  to  guarantee  the  fulfill- 
meut  of  said  eontract.     (^/d.,  sec.  8. ) 

Sec.  1204.  Emergency  contract  %vlien  autliorized. — The  boai-d 
of  public  improvements  is  hereby  authorized  to  enter  into  an  emergency 
contract,  pending  the  awarding  of  a  new  contract,  for  the  disposal  of  said 
garbage  in  case  of  the  failure  of  the  contractor  to  fulfill  the  terms  of  said 
contract.     (lb.,  sec  !i.  i 

Sec.  1211.")  Subor<linates  in  tyarba^e  division  of  street  de- 
partment—tenure— duties. — The  street  eonimissioner  is  hereby  author- 
ized and  emjiowered,  with  the  approval  of  the  mayor,  to  appoint  the  follow- 
ing subordinates,  who  shall  hobl  their  respective  positions  during  the  pleas- 
ure of  the  street  commissioner,  and  who  .shall  perform  the  duties  herein- 
after specitied  and  such  other  duties  as  jiertain  to  their  resj)ective  positions 
and  such  as  may  l)e  required  of  them  by  the  street  commissioner,  to-wit: 
One  sui)erintendent  of  garbage  division,  four  insi)pctors  of  garbage  division, 
one  first  clerk  and  one  second  clerk  in  said  division,  one  stable  sujierin- 
tendent  who  is  a  thoroughly  practical  horseman  and  can  perform  the  duties 
of  a  veterinary  surgeon  when  required,  one  carpenter,  one  blacksmith,  one 
wagonmakci-.  one  harness-maker,  one  painter,  one  foreman  dead  animal 
wagons,  two  dri\ers  dead  animal  wagons.  The  superintendent  of  garbage 
division  shall  have  supervision  over  the  ^vork  of  colleeting  and  disitosal  of 
the  garbage  in  the  City  of  St.  Louis,  as  well  as  of  the  i-emoval  of  dead  ani- 
mals. The  four  ins])ectors  of  garbage  division  shall  assist  Ihe  superintend- 
ent of  said  division  in  su]iervising  the  work  above  mentioned.  The  fii'st 
clerk  and  the  second  clerk  shall  be  under  the  directions  of  the  superintcunl- 
ent  of  garbage  division  and  perform  such  clerical  duties  as  may  be  assigned 
to  them.     (Ord.  21008.  sec.  1.) 


ART.  XI. I  OF   OFFFa^SES   CONNIOCTK1>    wri'll    1 1  li  11 1\\  .\  VS.  y05 

Si'i'.  i:;0(j.  S  a  m  f  — .s  ;i  1  a  r  it' s— ImumIs  . —  The  siiijfiiiitemlciit  of 
garbage  divisiou  shall  receive  a  salary  of  two  huudred  dollars  per  month, 
and  shall  file  a  bond  in  the  sum  of  five  thousand  dollars,  to  be  approved  by 
the  mayor  and  council;  the  four  inspectors  of  garbage  division  shall  each 
receive  a  salary  of  one  hundred  dollars  per  month;  the  tirst  clerW  in  the 
aforesaid  division  shall  receive  a  salary  of  one  hundred  dollars  per  month, 
and  give  a  bond  in  the  sum  of  two  thousand  dollars,  to  be  approved  by  the 
mayor  and  council;  the  second  clerk  in  tlie  same  division  shall  n^ceive  a 
salary  of  seventy-tive  dollars  per  month;  the  stable  superintendent  shall  re- 
ceive a  salary  of  two  hundred  dollars  jier  month,  and  shall  file  a  bond  in 
the  sum  of  five  thousand  dollars,  to  be  approved  by  the  mayor  and  council  j 
the  carpt'iiter  shall  receive  a  salary  of  ninety  dollars  ]ier  month;  the  black' 
smith  shall  receive  a  salary  of  seventy  live  dollars  per  month:  the  wagon- 
maker  shall  receive  a  salary  of  seventy-live  dollars  per  month;  the  harness- 
maker  shall  receive  a  salary  of  seventy-five  dollars  per  month;  the  jiainter 
shall  receive  a  salary  of  sixty  dollars  per  month;  tlie  foreman  of  dead  ani- 
mal wagons  shall  receive  a  salary  of  seventy-five  dollars  per  month;  the 
two  drivers  of  dead  animal  wagons  shall  each  receive  a  salary  of  sixty  dol- 
lars per  month,     (lb.,  sec.  2.) 

Sec.    1207.     SniiH'— a(l<iili<»iial    oiuployes  —  tenure— salaries. 

— In  addition  to  tlu^  employes  lieieinbefore  authorized  the  street  commis- 
sioner, with  the  ap|)roval  of  the  mayt)r.  may  apiioint  such  drivers  for 
garbage  wagons,  drivers  of  mud  wagons,  stablemen  and  blacksmith  helpers 
as  nmy  be  reipiired  for  the  efficient  working  of  the  garbage  division,  and  who 
shall  ludd  their  respective  positions  during  the  pleasure  of  the  street  com- 
missioner. The  salaries  of  the  employes  authorized  to  be  appointed  by  this 
section  shall  be  as  follows:  Drivers  for  garbage  wagons  shall  each  receive 
a  salary  of  fifty  dollars  per  month:  stablemen  shall  each  receive  a  salary  of 
fifty  dcdlars  per  month;  blacksmith  hel[iers  shall  each  receive  a  salary  of 
fifty  dollars  per  month,     i [h..  sec.  2.) 

.MrricLi:  \i. 

OF   OFFENSES   CONNECTED    WITH    IITOIIWAVS.* 

•For  offenses  against  public  safety  (fast  driving,  automobllea.  etc.).  see  R.  C. 
••■■IS.  1551  <•/.  uu.  (Ch.  18.  Art.  3).  For  violations  of  ordinances  respecting  shade 
trees,  city   forestry   department,  etc.,  see  R.  C.  sees.    125S.   1259. 

Sec.  1208.  Barbed  wire  fences  prohibited. — It  shall  be  unlaw- 
ful for  any  person,  or  j)ersons.  comiiany,  or  comjianies.  corporation,  or  cor- 
porations to  erect,  construct  or  hereafter  maintain,  or  use  any  fence  com- 
posed, in  whole  or  in  part,  of  barbed  wire,  upon  any  sti-eet  having  an  im- 
proved sidewalk  ]iarallel  therewiih  and  adjacent  thereto,  within  the  limits 
t>f  the  city.     (M.  <"..  sec  11  I'.l.i 

Sec.  12fl!l.  Samr  p  e  iia  i  t  y. — .\ny  person  or  persons,  comjiaiiy  or 
companies,  corporaliou  or  corporations,  violating  the  ju'ovisions  of  section 
120S.  after  lieing  duly  notified  by  the  police  in  writing  to  remove  same 
witliin  ninety  days,  shall  l)e  deemed  guilty  of  a  misdeme.-inor.  and  shall  be 
fiiKMl  not  less  than  five  dollars  nor  more  than  one  huixlied  dolj.-irs  for  each 
ami  every  olTeiise.  and  eacli  day  such  fenre  sli.ill  be  used  or  inaintaine<l  after 
July  eleven,  eigliteen  liiindred  and  ninelylliree  shall  constitnle  a  separate 
olTense.     i  M.  C.  sec.  1  l."(l.  i 

S.i'.  1210.  I>ri\iiig;  (in  «.i(U'\\  a  lU^  or  liitchin;;:  (o  (iM-t's. — 
AA"h(M>ver  sliall.  in   this  city.   lead,  drive  or  jilace  any   be.-ist   of  burden   or 


806  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  12. 

vehicle  ou  auy  paved  sidewalk  or  footway,  otherwise  thau  going  into  or 
out  of  any  premises  owned  or  occupied  by  him  or  his  employer,  and  shall 
hitch  or  fasten  any  animal  to  a  hydrant,  or  to  any  ornamental  or  shade  tree, 
or  lamp-post,  shall  be  deemed  guilty  of  a  misdemeanor.     (^I.  C,  sec.  1151.) 

Sec.    1211.     Excavation    for   iJiiblic   work  to  be  protected. — 

Any  citizen  or  contractor  for  public  work,  who  shall  make  an  excavation 
in  any  highway  or  thoroughfare,  and  shall  not  cause  poles  or  timbers, 
raised  at  least  three  feet  above  the  ground,  to  be  so  placed  as  to  prevent 
persons,  animals  or  vehicles  from  falling  into  the  said  excavation,  shall  be 
deemed  guilty  of  a  misdemeanor.     (M.  ('..  sec.  1152.) 

Sec.  1212.  Vault.s  to  be  covered. — Whoever  shall  in  this  city,  dig 
or  cause  to  be  dug,  in  any  highway,  thoroughfare  or  sidewalk,  a  vault,  and 
shall  not  arch  or  cover  the  same  over,  and  secure  the  grating  or  covering 
of  the  opening  thereof,  in  such  manner  as  to  prevent  persons,  animals  and 
vehicles  from  falling  therein,  shall  be  deemed  guiltv  of  a  misdemeanor. 
(M.  C,  sec.  1153.) 

Sec.  1213.  Opeiiliiji^s  in  j^itlewallvs — liow  fitted. — Auy  optuing 
in  a  paved  sidewalk  leading  into  an  area  or  vault  beneath,  or  into  a  cellar, 
shall  be  fitted  with  wood  or  iron  cover  or  grating,  set  in  flagging  even  with 
the  surface  of  the  sidewalk,  and  said  cover  or  gratins;  shall  have  no  lock, 
hinge  nor  any  fastening  ])rojecting  above  the  sidewalk,  and  shall  be  secured 
in  such  manner  as  to  prevent  accident  to  any  one  passing  over  it.  Any 
person  who  shall  fail  to  comply  with  the  provisions  of  this  section,  or  who 
shall  leave  an  opening  in  a  sidewalk  uncovered,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  be  fined  not  less  than  teii 
dollars,  nor  more  thau  one  hundred  dollars.     ( Jt.  C,  sec.  1154.) 

Sec.    1214.     Cellar   iloori-*    and    f>ratinj>s  to   be  kept   closed. 

— Whoever  in  this  city  shall  keep  or  leave  open  any  cellar  door,  or  grating 
of  auy  vault  on  any  highway,  thoroughfare  or  sidewalk,  or  shall  suffer  auy 
such  door  or  grating  belonging  to  premises  occupied  by  him,  to  be  in  an 
insecure  position  [condition],  whereby  passengers  may  be  in  danger  of 
falling  into  a  cellar  or  vault,  shall  be  deemed  guiltv  of  a  misdemeanor. 
(M.  C,  sec.  1155.) 

See  case  for  personal  injury  sustained  by  being  precipitated  into  a  cellar 
through  an  open  cellar  door:  Fehlhauer  vs.  St.  Loiiis.  17S  Mo.  635.  holding  that 
cellar   doors  are   not   nuisances    per  se. 

Sec.  1215.  Down  pipes — how  constructed. -  Every  person  own- 
ing or  occupying  any  building  in  this  city  shall  cause  the  ])ii)es  conducting 
the  water  from  the  eaves  of  the  building  to  be  so  constructed  as  not  to 
spread  the  water  over  the  sidewalks.  Any  person  violating  the  provisions 
of  this  section,  shall  be  deemed  guilty  of  a  misdemeanor.     (51.  C,  sec.  115(5.) 

Sec.  1216.  Kefjnlations  as  to  siyns,  projections  over  sidew  alks, 
obstructions,  merchandise  on  walk,  etc. — niisdenieanor — ex- 
ceptions. — \\'lioever  shall  in  this  city  set  up,  or  cause  to  be  set  u]).  or 
who  shall  hereafter  in  this  city  maintaiu  auy  sign,  sign  box,  illuminated 
sign,  lettered  lamp,  or  other  fixture  which  shall  extend  over  or  upon  any 
sidewalk  more  than  eighteen  inches  from  the  building  line  or  inside  of  said 
sidewalk,  and  whoever  shall  suspend  any  merchandise  or  other  article  in 
front  of  any  house  mon>  thau  eighteen  incli(>s  from  the  wall  thereof,  if  less 


AKT.   XI. I  OF  OFFENSES  CONNKCTKI)    WTIIl    llhlllWAVS.  807 

tliau  eiylit  loft  abuM'  llic  iiaNi'imMil,  (»r  more  than  two  iVi't  from  ilia  wall 
at  auy  liei'flit  above  the  paveiueut.  ami  whoever  shall  place  or  throw,  or 
rause  to  Ih'  placed  or  thrown,  upon  any  street,  highway,  thorough  tare,  side- 
walk 111-  other  public  place  any  article  whaiever.  so  as  to  (•bsii-uct  or  other 
wise  encnmlier  tin-  same,  or  shall,  upon  any  such  place,  exjiose  or  olfer  any 
nierchamlise  or  other  properly  for  show  or  sale  by  auction  or  otherwise, 
.shall  Ih'  deemed  guilty  of  a  misdemeanor:  Provided,  that  nothing  in  this 
section  shall  be  so  ct/nstrued  as  to  prevent  merchants  or  manut'aclnrers 
from  occupying  with  their  wares  eighteen  inches  of  the  inside  of  the  side- 
walk, where  .said  sidewalk  is  eight  feet  or  less  in  width,  twenty  inches  if 
over  eight  feet  ami  U-ss  than  ten  feet  in  width,  and  two  feet  if  the  side 
walk  is  ten  feet  or  over  in  width.  Nor  shall  this  section  be  so  construed  as 
i4>  prcNcnt  merchants  from  occniiying  a  greater  space  on  the  sidewalk  whiMi 
receiving  or  shijiping  goods,  if  said  goods  are  not  permitted  to  remain  oi; 
smh  sidewalk  more  than  eight  hours,  and  at  least  one  half  of  the  sidewalk 
is  at  all  times  kept  clear  for  the  use  of  pedestrians  or  ])assage;  and,  pro- 
vided, further,  that  nothing  in  this  section  shall  be  construed  as  apidying 
to  movable  awnings  made  of  cloth  or  canvas,  which,  when  lower(>d.  shall  not 
be  less  than  seven  .-ind  one-half  feel,  in  Ihc  clear,  abo\c  (he  sidewalk.  i()i-d. 
l.'(t.-,L'!». ) 

.\mendlng  sfo.  Hal  of  Mun.  C.  But  thl.s  section  si-oms  not  entirely  harmonious 
In  some  particulars  with  Rev.  C.  sec.  121.  Sec.  1157  of  Mun.  Code  (now  replaced 
by  sec.  1216  Rev.  C).  was  before  the  supreme  court  for  consideration  to  some 
extent  in  the  case  of  Loth  vs.  Columbia  Theatre  Co..  197  Mo.  328,  350.  a  case  of 
damasres  for  personal  injuries  against  the  theatre  company  and  the  city  because 
of  the  full  of  a  larRe  sign  from  above   upon  a  pedestrian. 

As  to  temporary  obstruction  of  sidewalk  for  highway,  and  to  what  extent 
lawf^il  see  note  to  Rev.  Code  sec.  92S. 

Sec.  1217.     Fruit  .stands,   etc. — refjulations   coiict'rninj'- — The 

occupation  of  any  portion  of  auy  street,  avenue,  alley  or  sidewalk  with  auy 
stand  I  in  the  common  acceptation  of  the  term  fruit  stand),  table,  shelving, 
wagon  or  cart  for  the  purpose  of  selling  or  oll'eriiig  for  sale  any  frtiits, 
candies,  nuts  or  other  merchandise,  when  such  occu|iaiion  interferes  with 
or  obsiiMcls  the  pa.ssage  of  any  vehicle,  is  hereby  ])rohibiti'd  (and  in  no 
case  shall  ther(>  be  more  than  four  peddlers  or  hawkers  vending  llieir  goods 
in  auy  one  block,  except  at  market  places,  nor  shall  more  than  two  occupy 
the  same  side  of  the  street).  Any  person  who  may  violate  the  provisions 
of  this  section,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  fined 
not  less  than  two  dollars,  nor  more  than  li\('  dollars:  provide<l.  that  this 
seeiion  shall  not  be  so  construed  as  lo  ]irevent  persons  dealing  in  fruits 
candies,  nuts,  and  other  inerebandise.  and  who  rent  stores,  cellars  or  othe' 
portions  of  buildings,  from  oi't-upying  the  walls  of  their  respective  stores  lU- 
buildings  and  the  sidewalks  upon  which  they  front  in  the  same  manner, 
and  to  the  same  extent  as  other  mercliants  are  permitted  to  ilo  by  law.  and 
subject  only  to  the  restrictions  and  provisions  contained  in  the  jireeeding 
section:  provided,  this  .section  shall  not  apply  to  book.  newspa|ier  or  fruit 
stands  located  on  an\  side\v,-ilk  and  against  llie  ouisi  !c  w.ill  of  any  luiildinu. 
upon  the  following  eomlitions:  First,  that  the  sidewalk  shall  not  be  occu- 
pied to  a  greater  extent  than  merchants  are  allowed  to  oeeupy  with  their 
merchandise;  second,  thai  they  shall  only  be  perinitted  at  such  places  where 
the  occtipants  of  the  store  consent  thereto;  third,  that  the  owners  of  said 
book,  newspaper  or  fruit  stjinds  shall  p;iy  a  merchant's  tax  and  license 
therefor,     i  M.  ('..  see.  ll.'iS. ) 

Sec.     121S.       Throw  i  III;     fruit     on     sidcw  ;i  IU-.    forbidtit'ii Any 

person  who  shall  llirou  or  place  upon  any  sidewalk  or  cross-walk,  any  part 


808  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  12. 

of  fruit  01"  vegetable  or  other  substance,  which,  wheu  stepped  upon  by  any 
person,  is  liable  to  cause  him  or  her  to  slip  or  fall,  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  upon  conviction  thereof,  shall  be  punished  by  a  fine  not 
less  than  one  dollar,  or  more  than  twenty-five  dollars.     (M.  C,  sec.  1159.) 

Sec.   1219.     Sections    to     be    posted     in     fruit      stores. — The 

proprietor  or  keeper  of  any  store,  stand  or  other  place  where  fruit,  vegeta- 
bles, or  other  sul)stauces  inentioued  in  the  foregoing  section  are  sold,  shall 
keep  a  copy  of  this  and  the  next  preceding  and  the  next  succeeding  sections 
suspended  or  posted  in  a  conspicuous  place  on  his  or  her  premises,  failing  in 
which,  he  shall  be  punished  by  a  fine  of  not  less  than  five  dollars  nor  more 
than  ten  dollars.     (M.  C,  sec.llGO.) 

Sec.   1220.     Hoisting   of   niei'cliandise,   etc.,   over   tlioroiij>li- 

fare  forbidden. — Any  person  in  this  city  who  shall  hoist,  lower  or  let 
down  on  the  outside  of  any  building,  over  any  thoroughfare,  any  nieichiin- 
dise,  grain,  or  building  or  other  material  or  article,  shall  be  deemed  guill.v 
of  a  misdemeanor.     (M.  C,  sec.  1101.) 

Sec.  1221.     Injurinff    public  property   a   iiiisdenieauor. — Any 

person  who  shall  in  this  city  wilfully  cut.  Iiack  or  otl:er\\ise  injure  any  awn- 
ing post,  sign,  fire  plug,  hydrant,  ornamental  or  shade  trees,  railing,  fence 
or  other  inclosure,  or  any  property  belonging  to  the  city,  shall  be  deemed 
guilty  of  a  misdemeanor.     (M.  C,  sec.  Il(i2.) 

Sec.  1222.  Coal  or  firewood  not  to  be  thrown  on  side- 
Avalks. — Any  i)erson  who  shall  in  this  city  cast,  throw  or  place  upon  any 
paved  sidewalk  any  stone,  coal  or  firewood,  or  shall  saw.  or  permit  to  be 
sawed,  any  firewood,  upon  such  sidewalk,  shall  be  deemed  guilty  of  a  mis- 
demeanor.    (M.  C  sec.  11G3.) 

Sec  1223.  Obstruction  of  Iii,i»lnvays  with  vehicles  forbid- 
den. — If  any  wagoner,  i  arrcr.  (iraymaii  or  the  driver  of  any  carriage,  sleigh, 
sledge,  buggy,  furniture  car.  oi-  any  other  vehicle  for  jileasure  or  burden, 
shall  stop  or  place  any  such  cart,  wagon,  dray,  carriage,  sleigh,  sledge,  buggy, 
furniture  car,  or  other  vehicle  for  pleasure  or  burden,  in  any  street,  lane  or 
public  alley,  or  near  the  intersection  of  any  street,  lane  or  public  alley,  or 
across  the  crossing  or  footway  along  or  across  such  lane,  street  or  ]iublic 
alley,  he  shall  be  deemed  guilty  of  a  misdemeanor;  and  u])on  conviction 
thereof,  shall  be  fined  not  less  than  ten  noi-  more  than  five  hundred  dollars. 
(M.  C,  sec.  IKM.) 

Sec.  1224.  UnautJiorized  obstruction  and  excavations  for- 
bidden.— Any  jterson  who  shall,  himself,  or  hy  anoihei-,  jilace  upon  any 
highway  or  other  jiublic  i)lace  any  obstruction  not  authorized  by  ordinance, 
or  make  any  excavation  in  such  place  without  lawlul  authority,  or  displace 
or  remove  any  stones,  stakes  or  other  landmarks  placed  by  any  officer  of 
this  citj',  under  authority  thereof,  or  injure  or  deface  any  !(ro])erty  shall  be 
deemed  guilty  ol'  a  misdemeanor,  and  ujjon  conviction  thereof  be  lined  not 
less  than  ten  (iollars  nor  more  than  five  hundred  dollars,     i  M.  (\,  sec.  lIGo.) 

Any  ein'r()aclinient  upon  any  part  of  a  highway,  wlietiier  on  the  traveled 
part  thereof  nr  on  the  sides  comes  clearly  within  the  idea  of  a  nuisance;  State  vs. 
Campbell,  SO  Mo.  App.  110.  11.1.  See  note  at  beginning  of  .\rt.  12.  Chap.  XI..  and 
cases  there  cited. 

See.  1225.  Penalty  for  si>illinjf  articles  on  streets  from 
wagons,    etc. — Any  person   who  sliall   dri\'c  oxer  or  along  any  street   or 


ART.   XI]  OF  OFFENSKS  CONNECTED    WITH    HUJUWAVS.  g09 

hijjlnv;iv  in  S(.  Louis,  aii.v  \v;i;;on  or  oiiui'  M-hiclc  coiUjiiniiit;  <liri,  (mi'IIi, 
clay,  stone,  inaradaiii.  briik.  wood  or  any  nuilcriai  used  in  ilu-  coiisiriulioii 
of  streets  or  buildings,  or  eoutaiuiny  coal,  f^arbajie  or  other  rel'iise,  which 
said  wagon  or  vebide  shall  be  so  constructed  or  loaded  that  any  portion  of 
the  contents  thereof  shall  drop,  be  spilled  or  thrown  on  such  street  or  high- 
way, shall  be  guilty  of  a  misdemeanor,  and  shall,  njion  conviction  thereof, 
bo  lined  not  less  than  ten  nor  more  llian  twenty-live  dollars.  And  the  haul- 
ing of  each  and  e\fi-y  loa<l  from  which  any  ])oi-|ion  of  the  conlonts  shall 
drop  or  be  spilled  or  ilimw  n  as  al'dicsaid  shall  ronstitute  a  separate  olt'ense. 
(.M.  O.,  sec.  not;.  I 

Sec.  122().  Duty  of  jMiliro. — It  shall  be  the  duty  of  the  police  in 
their  respective  disU-icIs  lc>  enforce  the  provisions  of  the  next  jtreceding 
section  and  to  arrest  any  jicrson  found  violating  the  same.  And  it  shall  also 
be  their  duty  to  promptly  report  to  the  street  commissioner  any  and  all 
stret'ts  or  [tarts  of  streets  ot-  highwavs  upon  which  any  article  has  been 
placed,  spilled  or  thrown  in  violation  of  ilie  preceding  section,  or  of  sec- 
tions r)98  and  12.iTi  of  Revised  ("ode  of  St.  Louis.     (M.  C,  sec.  1  KIT.  i 

See.  1227.  \Vlu»  liablo  iiiuIiT  siM-tion. — If  the  driver  of  any 
wagon  or  vehicle  who  shall  violate  the  provisions  of  section  ll.*i;."i  shall  be  a 
pi'ison  other  than  the  one  to  whom  the  license  for  such  wagon  or  vehicle 
shall  have  been  issued  then  the  jterson  to  whom  such  license  shall  have  been 
issued  shall  be  deemed  eijually  guilty  with  such  driver  of  a  violation  of  the 
next  two  preceding  sections,  and  shall  be  subject  to  the  penalties  provided 
herein.     (M.  (".,  sec.  1U;8. ) 

Sec.  iL'-S.  Vspliiill  iiiid  Ititiiiiiinoiis  in:i<-i)(I:ini  pa\  in}>'  pr<»( «'<■<('<] 

a;;aiii.st  Ii((ui(i.s.  NU  ]  cison  shall  jiour  or  spill,  or  permit  lo  dri|i  upon 
any  as]ihalt  or  bituminous  macadam  i)avenient  laid  on  any  street  or  alley 
or  public  plac(>  in  the  City  of  St.  Louis,  any  kerosene,  benzine,  gasoline  or 
other  similar  oil  or  oily  substance  or  liquid,  or  salt  or  salt  water.  (Ord. 
1'I2:{:!.  .sec.   I.I 

Sec.  122!).  Sanu' — roH:iilati«nis  as  (o  oil  wagons  aiul  tanks — oil 
ro<*Pl)ta<'los. —  All  oil  di-livi-ry  w»gons  ur  tanks  shall  liavi-  s.-cundy  fas- 
tcneil  under  the  taps  or  faucets  thereunto  attache<l.  an  absolutely  oil  or 
watertight  zinc-lined  box  or  tray,  and  in  tilling  any  measure  or  other  ves- 
sel fi-om  said  ta])s  or  faucets,  such  measures  oi-  other  vessels  must  be  held 
so  that  any  drip  or  overflow  shall  flow  into  said  box  or  tray;  and  in  remov- 
ing the  same  from  over  the  asphalt  or  bituminous  macadam  iiaveiiient.  no 
ilrij)  or  (>v(>rtlow  from  such  measure  or  other  ves.sel  must  be  jtermitted  to 
fall  tijion  such  pavement,  and  no  receiitade  for  holding  oil  shall  be  placed 
on  the  asphalt  or  bituminous  macadam  pavement.     (/?>..  sec.  2.) 

Sec.  V2'M.      SaiiK' — rrgrulaf  ions  as  lo  v<'liirh»s  iisin^  oils. —  All 

automobiles  and  auto<-ycles  and  all  other  vehicles  using  kerosene,  benzine, 
gasoline  or  othei'  similar  oils,  shall  be  jirovided  with  a  jian  or  pans  or  other 
ert'iiieiit  rn-eplacles  so  that  no  di-ip  or  overllow  shall  fall  u|ion  the  as|)halt 
or  bituminous  mai-.-idam   paxcmmi.      i /'«..  sci-.  :!.  i 

Sec.  12."{1.  .Sanu" — i«'t'  cri-ani  \\ag;ons.  .\ll  wagons  delivering  or 
hauling  or  handling  ice  cream  shall  haul  away  and  not  deposit  or  throw 
upon  any  asidiall  or  bituininous  macadam  |ia\emeiil  any  salt  water  or  salt, 
nor  shall  they  deposit  upon  such  pavement  any  receptacles  which  contains 
salt  or  salt  water,     i  Ih.,  .sec.  4.) 


810  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  12. 

[<ec.  12.'?l:.    Same — niistlemeanor — penalty Au.v  vioh'iiou  of  or 

faihiri'  to  coiniilv  with  the  jji-ovisions  of  the  ju'eceding  four  sections  shall 
be  punished  by  a  jine  of  not  less  than  tive  dollars  and  costs,  nor  to  exceed 
one  hnndred  dollars  and  costs.     (11).,  sec.  .5.) 

Sec.  1233.  Same — duty  of  license  colleetor. —It  shall  be  the  duty 
el  tjic  license  coiiiMtor  to  refuse  to  issue  a  license  for  oil  delivery  wagons, 
tanks,  automobiles,  auto-cycles  and  other  vehicles  using  or  transporting 
kerosene,  ])enzine,  gasoline  or  other  similar  oils,  unless  the  provisions  of 
sections  12l!S  to  1281  inclusive  are  complied  with,     i  lb.,  sec.  0.) 

Sec.  1234.  Side^valks  and  g:utters  to  be  kept  clean — sno^v  and 
ice— several  tenants — penalty. — The  owners  or  agents  or  occupiers  of 
premises  or  tenants  or  vacant  lots  owned  by  them,  nudei'  their  charge  or  oc- 
cupied by  them,  shall  keep  the  sidewalks  and  gutters  in  front  of  and  adjoin- 
ing the  projjerty  owned,  controlled  or  occupied  by  them  swept  and  clear  of 
mud,  dirt  and  tilth,  and  also  all  the  jirivate  alleys  in  the  rear  of  or  adjoining 
property  owned,  controlled  or  occupied  by  them  clean  to  the  center  of  the 
alley,  and  after  any  fall  of  snow  said  owners,  managers,  agents  or  occujiiers 
shall  cause  the  snow  to  be  immediately  removed  from  the  sidewalk  fronting 
or  adjoining  the  property  owned,  managed  or  occupied  by  them  into  the  car- 
riageway of  the  street.  Where  houses  are  occupied  by  several  tenants,  it 
shall  be  the  duty  of  the  person  or  persons  occupying  the  tenement  or  tene- 
ments nearest  the  street  to  comply  with  the  requirements  of  this  section. 
Any  person  violating  any  of  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  luisdemealior.  and  uiioii  conviction  thereof  be  fined  not  less  than 
five  nor  more  than  twenty  dollars.     (  M.  (".,  .sec.  IKlit.) 

See  Charter  .\rt.  III.,  sec.  26.  clause  9.  The  right  of  the  city  to  require  own- 
ers of  property  to  remove  snow  and  ice  from  their  sidewalks  is  a  valid  exer- 
cise of  the  police  power,  but  the  city  cannot  create  a  private  right  of  action  for 
its  violation  in  favor  of  another  private  individual  injured  thereby;  Norton  vs. 
St.  Louis.  97  Mo.  537:  St.  Louis  vs.  Ins.  Co..  107  Mo.  92;  see  also  Jackson  vs.  Rail- 
road. 157  Mo.  621,  638:  Sluder  vs.  Transit  Co..  1S9  Mo.  107,  loc.  cit.  133.  152.  154, 
el  seg.,-  see  also  Ford  vs.  Kansas  City.  181  Mo.  137.  14S.  The  city  cannot  recover 
against  such  abutting  owner  for  damages  it  was  compelled  to  pay  to  one  injured 
because  of  snow  and  ice:  St.  Louis  vs.  Ins.  Co.  supra.  As  to  violation  of  ordi- 
nances furnishing  basis  for  cause  of  action  to  private  persons  see  notations  to 
Rev.  Code  see.  1864.  -       /' 


See,  123.5.  Articles  not  to  be  thrown  and  swept  on  streets, 
etc. — painting  advertising  matter  on  sidewalk  forbidden 
—  penalty.  — No  person  shall  throw,  or  cause  to  be  thrown,  or  permit  any 
one  in  his  or  her  employ  to  throw  into  any  public  highway,  thoroughfare, 
street  or  other  public  place,  any  kind  of  telegrajih  or  telei>hone  wires,  or 
wire  used  for  baling  hay,  straw  or  other  material  or  any  ashes,  or  animal, 
vegetable  or  any  substance  whatever,  or  any  kind  of  advertising  matter,  or 
to  distribute  or  cause  to  be  distributed  or  permit  any  one  in  his  or  her  em- 
ploy to  distribute,  any  kind  of  advertising  matter  so  that  it  shall  litter  the 
public  highways,  thoroughfares,  streets,  sidewalks  or  other  public  places, 
or  any  of  them,  or  to  paint  or  cause  to  be  painted  or  jiermit  any  one  in  his 
or  her  employ  to  paint,  any  kind  of  advertising  matter  sign  or  signs  on  any 
sidewalk,  and  no  person  shall  sweep  or  cause  to  be  swept,  or  jierinit  any  one 
in  his  or  her  employ  to  sweep,  from  any  store,  office,  warehouse,  manufact- 
ory, hotel,  or  any  other  building  occupied  in  the  whole  or  in  part  for  busi- 
ness, any  refuse  or  dirt  from  the  floors  of  said  establishments,  or  any  of 
them,  on  to  the  public  highways,  thoroughfares,  streets,  sidewalks  or  other 
public  ]ilaces  of  the  ("ity  of  St.  TiOnis,     .\iiy  jierson  vidlnting  an\   of  the  i>ro- 


ART.   XI.)  OF  OFFENSES  CONNECTHl"    WITH    llir.l  r\V  AYS.  811 

visions  of  tliis  section  shall  lie  (Icenu'il  ^uillv  of  a  Musdcini'anor.  and  upon 
conviction  thereof,  shall  be  fined  not  less  tliaii  ten  dollars  nor  more  than 
titty  dollars  for  each  and  every  ollense.     (M.  C,  sec.  1170.) 

See  R.  C.  1226.  which  makes  It  the  duty  of  the  police  to  report  to  the  street 
commissioner  cases  where  the  streets  are  littered  up  by  articles  thrown  thoreon. 
etc. 

Sec.  11^36.  IViialtj  for  injuring  hiiiip  |m»s(k,  vtv. — \iiy  per- 
son who  shall  wiiriiliy  or  inalicioiisly  or  iie^iijiciil  ly  injure,  pull  down  or 
l)reak  any  lamp  post,  bracket  or  <^as  lamp  or  lelej;raph  post  or  tele}j;raph 
wire  or  wires,  or  wire  or  wires  connected  with  the  lire  and  i)orice  telej^raph 
within  the  city,  or  shall  carry  away,  diminish  or  reduce  the  oil,  trasoliue, 
naphtha  or  >;as  siipiijied  to  any  ]iublic  lain])  or  lijrht  or  shall  extiiij;nisli  any 
such  lifiht  or  iiirii  oil'  wholly  or  jiartly  the  supply  of  oil,  naphtha  or  gas  from 
Mich  lifiht,  or  shall  injure,  break,  deface  or  daub  any  mantle,  <^lol)e  or  shaiie, 
or  shall  screen  or  otherwise  obscure  any  public  light,  lamii.  globe  or  street 
sign,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  be  lined 
I'ot  less  than  five  nor  more  than  three  hundred  dollars.  (Ord,  20245,  amend- 
ing M.  (".,  sec.  1171.1 

Sec.     VSM.     Diiiijrer     sig:nals  — iM'iialty    for    Itrrakiiif'-,    vtv. — 

Any  unauthorized  person  who  shall  remove,  break  or  e.xtiiigiiisii  any  lantern 
or  danger  signal,  which  has  been  placed  on  any  street  or  alley  to  jn'otect 
persons  against  accidents,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  lined  not  less  than  live  dollars,  nor  more 
than  lirt.\  dollars.     iM.  (".,  .sei-.  1172.) 

See.  1238.  Hoh's,  et<'.,  to  bo  foiicod. — All  holes,  depivssicms, 
excavations  or  other  dangerous  places  within  the  city  that  are  below  the 
natural  or  artificial  grades  of  the  surrounding  or  adjacent  street,  shall  be 
l>roperly  inclosed  with  fenc(>s  or  walls,  or  lie  filled  up  so  as  to  prevent  per- 
sons and  animals  from  falling  into  them.     (  M.  ('.,  sec.  117l{.) 

Sec.  123'.).  Strc't't  coiiiiiiissiinicr — iio(i<'«>  lo  Uv  j;i\«'n  l>y. — 
The  stret'l  commissioner  shall  notify  the  owners  or  occupants  of  iiremises 
on  wliicli  such  dangerous  places  exist,  to  cause  fences  or  walls  to  be  built 
around  them,  or  to  cause  the  same  to  be  filled  up,  within  such  period  as 
he  shall  (h'em  the  exigencies  of  the  case  may  roipiirc.  In  case  of  failure 
to  comply  by  any  of  the  owners  or  occupants  of  said  ]>remises.  after  the  noti- 
licatioii  al>ove  rcipiircd  has  lieeii  given,  then  they  shall  be  deemed  guilty 
of  a  misdemeaiiiir,  and  ii|>on  conviction  thereof,  be  lined  before  the  police 
rmirt  not  less  than  ini.  imr  exceeding  lixc  IniiHlriMJ  diillars.  (M.  (J.,  sec. 
1174.) 

Sec.  1240.  Street  coiimiissioner — wlieii  to  fence  (laiijreroiis 
plares. — Whenever  Ihc  said  o\\  utr  m-  orrupant  cannot  be  foiiinl.  then  the 
street  riiinmissioiier  shall  cause  such  dangerous  plaics  Id  lie  fenced  in.  iM. 
C,  .sec.    117."..  I 

Sec.  IJli.  To  \\  liat  acrtmnt  f.\i)i'iise>  cliargfetl. — The  ex- 
pen.se  which  the  stn>et  commissioner  may  incur  in  doing  the  work  above 
mentioned  sliall  be  charged  to  ami  paiil  out  of  n(>propriatioTis  for  streets 
and  alleys,     i  >f.  ('..  sec.  1 17<i.  i 

Sec.  1242.  Fires  on  |ia\  cmciil-  |ii'(»liiliite«l. — Any  pir.-^on  who 
shall  make  or  cause  to  Ik'  made  a  fire  on  any  pavement  of  any  street  within 


812  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  12. 

the  City  of  St.  Louis,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall 
upon  coiiviftioii  thereof,  be  lined  not  less  than  lift.v  noi"  more  than  one  hun- 
di-ed  dollars,     (il.  (J.,  sec.  1177.) 

See   R.   C.    sees.    224    and    597. 

Sec.  1243.  Balrony,  etc.— projet'ting  beyond  buildiiiji-  line — 
penally. — Hereafter  if  any  owner  of  a  building  or  his  duly  authorized 
agent,  shall  construct  or  allow  to  be  constructed,  a  landing,  gallery,  bal- 
cony, bay  or  show  window,  permanent  platform,  column,  steps  or  any  part 
of  his  building,  so  that  it  projects  beyond  the  building  line  of  a  street,  into, 
on  or  over  a  jmblic  sidewalk,  or  who  shall  fail  lo  remove  the  same  forth- 
with, \\hen  notified  by  the  street  commissioner,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  be  fined  not  less  than  fifty 
dollars  nor  more  than  one  hundred  dollars;  provided,  however,  that  noth- 
ing herein  contained  shall  prohibit  the  erection  of  a  balcony  from  the  sec- 
ond floor  of  any  house  extending  not  more  than  three  feet  beyond  the  build- 
ing line.     (M.  C,  see.  1178.) 

.Sfo   R.    C.secs.  lis   and    1092. 

Sec.  1244.  Gas  or  water  .stoi>-eock  boxes  — penalty  for  im- 
proper location  of. — ^Vhenever  it  shall  come  to  the  notice  of  the  street 
commissioner  that  any  gas  or  water  stop-cock  box  is  not  located  as  required 
by  ordinance  or  ]irojects  above  the  surface  of  any  paved  sidewalk,  it  shall 
be  his  duty  to  notify  the  i)ersons,  corporations  or  associations  su]»plying 
gas,  with  respect  to  gas  sto{i-cotk  box,  and  the  owner  or  agent  of  the  prop- 
erty fronting  thereon  with  the  resjject  to  the  water  stop-cock  box  by  mail, 
to  have  the  same  properly  located,  or  set  even  with  the  surface,  within  ten 
days  from  the  date  thereof,  and  if  such  persons,  corporations  or  associations 
supplying  gas  as  aforesaid  and  the  owner  or  agent  fail  to  comply  with  such 
notice  within  the  time  specified,  they  shall  be  deemed  guilty  of  a  misdemean- 
or, and  upon  conviction  thereof,  be  fined  not  less  than  ten  dollars  nor  more 
than  fifty  dollars.     (51.  C,  sec.  1179.) 

Stf.  1245.  Trnndling-  wheelbarrows  on  sidewalks  prohib- 
ited.— Xo  ])erson,  otherwise  than  in  passing  in  and  out  of  his  premises, 
shall  trundle  any  wheel  or  hand-liarrow.  or  hand-cart,  upon  any  paved  side- 
walk. Any  person  violating  the  jirovisions  of  this  section,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined  not 
less  than  five  dollars  nor  more  than  twenty  dollars.     (M.  (".,  sec.  1180.) 

See.  1246.  Penalty  for  violatinii'  chapter. — Any  ])er.son  who 
shall  violate  any  of  the  i)rovisions  of  this  ehajiter  for  the  violation  of  winch 
no  specific  penalty  is  provided  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof,  be  fined  not  less  than  ten  dollars,  nor  more  than 
five  hundred  dollars.     (M.  C.  sec.  1184.) 

ARTICLE  XII. 

OF  CITY  FORESTER. 

Sec.  1247.  (Mty  forester's  office.— There  is  hereby  created  in  the 
street  di'|iartment  tli'e  oft'ice  of  city  forester.      (Ord.  22308.  sec.  1.) 

Sec.  1248.  Same  — appointment — tenure. — The  city  forester  shall 
be  aiiiioinled  by  (he  mayor  and  apjiroved  by  the  council.     He  shall  hold  of- 


ART.  XII.)  OF  CITY    KORESTKH.  813 

lice  fill'  four  vejio  aiid  uiilil  liis  siu-ci'ssur  .shall  liavo  Ix-cii  iliilv  nii|i(piiilc(l 
aud  (|iialiru'<l.  Nd  aiipoiiitiiu'iit  shall  take  elleet  under  this  arlirlc  uniil 
the  tirst  Tuesday  in  A|pril,  IJMlCi,  and  the  (erm  of  olVicc  of  the  tirst  apinpiiiiee 
as  eity  forester  shall  terniinale  ilic  third  Tuesday  iu  A|iril.  UIHT.  i //>. 
see.  2.) 

Sec.  12J!».  (^iialilifations-  The  city  forester  shall  be  a  man  skilled 
and  learned  iu  the  science  of  forestry  and  shall  have  had  not  less  llian  three 
years'  practical  experience  in  the  caie  of  jiark  or  street  trees.  No  per- 
son shall  be  appointe<l  to  the  otl'ice  of  city  forester,  unless  he  be  a  rej;is- 
tered  voter  of  the  City  of  St.  Louis  aud  a  resident  of  St.  Louis  foi'  at  least 
iwo  years  prior  to  his  appuintni(>n(.     i ///..  .sees.  ."..   I."),  i 

Sec.  1250.  Diitios  of  for<>sU'r  in  f^iMUTJil.— It  shall  be  tiic  dniy  of 
the  city  forester  to  superinieinl.  rey;ulaie  and  encouraj;e  the  i>lantin<i.  cullnre 
and  j)reservation  of  shade  and  ornainenlal  trees  and  shrulibery  in  the  streets, 
alleys  and  [inblic  hij;h\vays  of  said  city;  to  direct  the  time  and  nielhod  of 
trimminj;  of  said  trees  and  shrubbery;  to  advise  the  ])i'operty  owners  regard- 
in;:  the  kind  of  trees  and  shrubbery  and  method  of  iilanlin|.t  deemed  desir- 
able on  ])arti<iilar  streets;  and  to  take  siu'li  measures  as  may  be  deemed 
.  lu'ces.sary  for  the  control  of  dangerously  injurious  insect  jpests  and  plant  dis- 
«'ases  which  may  effect  trees  and  shrubbery  on  the  streets,  alleys  ami  public 
highways  of  said  city.  He  shall  act  in  harmony  with  and  under  the  direc- 
tion of  the  street  commissioner  in  relation  to  the  planting,  cnllni-e.  re- 
moval and  preservation  of  shade  and  ornamental  trees  and  shrubb('i-\  in 
the  streets,  alleys  and  jiublic  highways  of  said  city.  He  shall  rejiort  to  the 
city  attorney  all  cases  which  coine»to  his  knowledge  of  violations  or  ordi- 
nances respecting  said  trees  ami  shrubbery;  ami  shall,  when  reipiested  by 
the  city  attorney,  assist  in  the  prosecution  of  persons  cliarged  with  the  vio- 
lation of  such  ordinances,     ilh..  sec.  4.) 

See.  12.')1.  Same— keep  record. — The  city  forester  shall  keeji  a 
I'ecord  of  all  the  transactions  of  his  olfice  and  shall,  whenever  the  street 
lommissionei-  may  retpiii-e.  make  a  ftill  and  detaile<l  report  concerning  said 
transactions.     (lb.,  see.  5.) 

Sec.  12.">2.  Salary  and  bond  of  lori'ster. — The  salary  of  the  city 
forester  shall  be  at  the  rate  of  twenty-four  hundreil  dollars  jier  year,  pay- 
able in  monthly  installments,  in  full  for  all  services.  lie  shall  give  bond 
in  the  sum  of  tive  thousainl  dollars  for  the  faithful  |ierl'ormance  of  his  du- 
t'cs.  with  not  less  than  two  good  sureties,  hoblers  of  unincund)ered  real  es- 
tate in  the  eity  or  any  surety  company,  which  bond  shall  be  approved  by 
the  mayor  and  council,     ifh..  sec.  6.) 

Sec.  IJ.",;;.  Siiliordinatr  <'in|»Io>e«  in  forester's  <le|>artnieiit — 
appointnu'nt.  t«-niir<-,  Ixtini,  salarirs.^Tli.-  striit  c-omniissiomi-  may. 
In  :iiid  with  the  appi-o\al  of  the  mayor,  ajipoint  the  fcdlowing  subordinates 
who  shall  lK>ld  their  respective  positions  <luring  the  pleasure  of  the  street 
ro'-'missioner  and  who  shall  perform  the  duties  hereinafter  specified,  and 
sui-h  other  duties  as  pertain  to  their  respective  jiositions.  and  such  as  may 
be  iTijuired  of  them  by  the  street  commissioner,  and  they  shall  each  re- 
ceive' the  following  salaries  and  give  the  following  bonds,  towit:  .Assist- 
ant city  forester,  who  shall  have  had  at  least  one  year's  practical  experi- 
rnce  as  a  forester  ami  shall  receive  a  salary  of  one  hundred  and  twenty-five 
ilolhi'-e  |)er  luontli  and  shall  give  a  good  aud  sufficient  bond,  to  be  api)roved 
b\   the  mavor  and  council,  in  the  sum  of  twentv-five  hundred  dollars;  one 


814  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  12. 

clerk,  who  shall  receive  a  salary  of  seventj-five  dollars  per  month,  and  three 
day  inspectors,  who  shall  I'eceive  two  dollars  and  fifty  cents  per  day.  Ju 
addition  to  the  officers  herein  specified,  the  street  commissioner  shall,  by 
and  with  the  approval  of  the  mayor,  employ  such  teams,  carts  and  day  la- 
borei's  as  may  be  required  for  the  sufficient  working  of  his  department.  (lb., 
sec  7.) 

Sec.  1254.     How  property  <)wner.s  may  select  shade  trees. — 

It  shall  be  lawful  for  the  property  holders  on  any  three  or  more  contiguous 
blocks  of  any  street,  or  a  majority  of  them,  to  select  by  petition,  any  variety 
of  shade  tree,  approved  by  the  city  forester,  which  shall  thereafter  be  the 
only  kind  of  shade  tree  to  be  planted  on  said  blocks.     (lb.,  sec.  8.) 

Sec.  12.15.  When  .shade  trees  selected  by  forester. — If  the  prop- 
erty holders  along  any  given  street,  upon  due  notice  so  to  do  from  the  city 
forester,  shall  fail  to  make  the  selection  provided  for  by  section  1254  here- 
of, within  six  months  next  after  notice  have  been  given,  then  it  shall  be 
the  duty  of  the  city  forester  to  select  a  variety  of  shade  tree  for  such  street 
or  blocks  of  such  street  which  shall  thereafter  be  the  only  variety  which 
shall  be  planted  on  said  street  or  blocks  of  said  street.     (lb.,  sec.  9.) 

Sec.  125C.  Acts  resi)e<'tiiig  shade  trees  without  forester's  per- 
mission misdemeanor. — WLkcvit  shall,  without  written  prt-mit  fmm  the 
city  forester,  plant  or  set,  pull  up,  cut  down,  burn,  destroy,  remove,  trim, 
or  in  any  manner  injure  any  tree  or  shrub  standing  in  any  street,  alley  or 
public  highway,  shall  be  guilty  of  a  misdemeanor.     (76.,  sec.  10.) 

As  to  right  of  property  owner  to  plant  shade  trees,  see  also  R.  C.  sec.  916. 

• 

See.  1257.  Same — interfering-  with  roots  of  trees,  etc.,  mis- 
demeanor— exception. — \Mioever  shall,  without  written  permit  from 
the  city  forester,  hereafter  place  any  stone,  cement,  or  other  substance  about 
any  tree  in  any  street,  alley  or  public  highway,  which  shall  imjiede  the  free 
entrance  of  water  and  air  to  the  roots  of  such  tree,  without  leaving  an  open 
space  of  ground  about  the  trunk  of  said  tree  of  not  less  than  four  square 
feet,  shall  be  guilty  of  a  misdemeanor;  ja-ovided  that  this  section  shall  not 
ui)ply  to  work  done  by  the  city  or  under  contract  with  the  city  on  any  street, 
alley  or  public  highway.     (lb.,  sec.  11.) 

Sec.  1258.  Interference  w'ith  forestry  department— misile- 
meanor. — Whoever  shall  prevent,  delay,  or  in  any  way  interfere  with  the  city 
forester  or  his  employes  in  the  planting,  trimming,  spraying  or  removal  of  any 
tree  in  any  street,  alley  or  public  highway,  or  in  the  removal  of  any  stone, 
cement,  or  other  material  from  about  the  trunk  of  nny  such  frees,  shall 
be  guilty  of  a  misdemeanor.     {lb.,  sec.  12.) 

Sec.  1259.  Violatinf"'  article — penalty— duty  of  police — Whoever 
sliall  violate  any  of  the  jirovisions  of  this  article  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof,  be  fined  not  less  fluin  five  nor 
more  than  fifty  dollars,  and,  it  is  hereby  made  the  special  duty  of  the  jio- 
lice  to  enforce  the  provisions  of  sections  125(;,  1257  and  1258  of  this  article, 
and,  with  that  in  view,  the  board  of  police  commissioners  are  requested  to 
deliver  a  copy  of  this  article  to  every  police  officer  in  their  dejiartiiuMit.  (lb., 
sec.  i:{.) 

Sec.  1260.     Arti<*le  does  not  ai>ply  to  private   pi-operty.— The 

])rovisioiis  of  this  article  shall  not  apply  to  trees  or  shrubbery  planted  on 
private  property.     (lb.,  sec.  14.) 


AltT.  M  OF  POLICE  COURTS  (>F  FlUST   AND  SECOND  DISTHICTS.  gl5 

CHAPThK   1j. 

JUDICIAL  DEPARTMENT. 

ART.  I.  Of  police  courts  of  llrst  and  second  districts. 

II.  Of  police   court   aoiitli   of  Arsenal   street. 

III.  Of  Justices  of   the   peace. 

IV.  Of  marshal. 

V.  Of  Jury  commissioner. 

VI.  Of  compensation  of  Jurors. 

VII.  Of  probate   court. 

VIII.  Of  Juvenile  court.* 

AKTICl.i;  1. 

OF  roi.icR  rnvRTs  oi-  i-n:sT  .xxn  pkcond  districts. 

Stc.  12t)l.  'Iiulicial  (li.s^^■i^•t.>^,  Ixmiularit'.s. — Tin-  city  is  hcnhy 
•  livideil  into  two  jiidiiial  distritts,  as  follows:  All  that  portiou  of  the  city 
iyiufi  .souih  of  the  followini;  dcscriliod  lino,  to  wit:  <  "omiiK'iicinp;  at  a 
puiiii  ill  the  middle  of  ilie  main  iliaiiiiel  ut'  Ilic  .Misfiissi|i]ii  river,  where  (he 
eoiit  iiiiiai  ion  nf  the  center  line  <it'  Washington  aveiuie  would  intersei'l  said 
main  eliannel ;  thenee  wcstwaidjy  aloiifi  the  center  line  til'  Washington  ave 
mie  lo  Grand  avenue;  llieiue  iioith  on  (irand  avenue  to  McClure  avenue; 
thenee  west  on  McOluie  avenue  to  its  intersection  with  the  Olive  street  road; 
thenee  westwardly  aloiif;  the  Olive  street  road  to  the  western  citj'  limits, 
shall  constitute  the  tirst  judicial  district,  and  all  that  ]>oi-tion  of  the  city  ly- 
ing north  <d'  saiil  line  shall  constitute  the  second  judicial  district,  i  .M.  ( '.. 
sec.  US.-..) 

Charter  provisions.  Art.  IV.,  sees.  25  to  27  Assembly  may  Increase  number  of 
Justices  and  districts.  Charter,  Art.  IV.,  sec.  27,  In  pursuance  of  which  authority 
the  i»<)ll»*e  court  soutti  of  Ar.'^enal  str-'t-t  wjc^  ri-.-iit.Hl   (see  next  artieii"). 

Sec.  r_'()2.  l*«lu'«'  courts  ostiibli.sluMl — how  coinliu'fcMl— po- 
li<'«>  .justi«'<*s. — There  shall  lie  in  each  of  said  districts  a  court  wliicii  sliali 
111'  called  rfs|nMiively  the  first  district  police  court,  and  the  second  district 
police  coiiii,  each  to  be  held  liy  a  polii-e  jnsti<'e,  hut  when  the  justice  of  any 
such  court  is  disaliled  or  disijualilied  liy  alisence,  sickness  or  otherwise,  then 
liy  any  justice  of  the  peace,  for  the  city,  to  lie  designated  liy  the  mayor,  who 
siiall.  for  tlie  time  being,  possess  all  the  jiowefs  and  jierform  all  the  duties 
which  are  enjoined  upon  police  justices  by  law  an<l  ordinances,  and  the  acts 
of  .>»aid  justice,  otficiating  for  a  ]iolice  justice,  shall  h;ive  the  same  legal 
sanction  and  force  as  though  performed  by  the  |iolice  justice*  in  person,  and 
for  the  service  rendered  by  the  person  otficiating  in  the  sti-ad  of  a  ]io!ice  jus 
tice.  he  shall  be  alloweil  the  same  salary  jn'o  rata,  as  the  police  justice  would 
be  entitled  to.  In  ca.se  a  jmlice  justice  should  be  absent  by  reason  of  sick- 
ness, the  salary  of  the  person  ofTieiating  in  his  stead  shall  be  made  charge- 
able to  ap|)ropriationH  for  salaries,  otherwise  it  shall  be  deducted  from  tlie 
salary  of  the  jiolice  justice  whose  place  shall  have  been  filled  by  such  jus- 
tice of  the  peace,  and  it  is  hereby  made  the  duty  of  the  cbil;  ,,{  the  police 


•For  atntutes  relntlnic  to  the  Juvenile  Court,  see  "Laws  Specially  Applicable  to 
St.  I>iul»."  atilt  pftfte  US  to  121.  Chap,  n.  Art.  7.  sees.  205  to  226.  Ordinance 
22540.  approved  July  12.  19n(>  (too  late  to  appear  In  the  Rev.  Code,  but  set  out  In 
the  appendix  hereto)  provides  for  the  Juvenile  court  building  and  the  opera'lon 
of    the    court,    city    officers    connected    therewith,   etc. 


816  REVISED  CODE  OR  GENERAL  ORDINANCES.  LCHAP.  13. 

court  to  certify  to  tlie  auditor  the  length  of  time  anr  person  officiating  as 
aforesaid  shall  have  served,  whereupon  the  auditor  shall  issue  his  warrant 
accordingly.     (M.  C,  sec.  118G.) 

The  city  has  authority  under  its  cliarter  powers  to  establish  police  courts: 
Ex  Parte  Kiburg,  10  Mo.  App  442.  Police  justices  are  appointed  for  a  definite 
term  and  can  only  be  removed  for  cause  upon  proper  charges,  after  due  hear- 
ing:     State   ex   rel    vs.    St.    Louis,    90   Mo.    19. 

Sec.  126:i.     Location  of  the  first  and  second  district  courts. — 

The  said  first  distiici  I'olicc  ( 'diui  shall  be  held  in  the  old  cily  hall  liuild- 
ing.  located  on  Eleventh  street  between  Market  and  Chestnut  streets,  and 
the  Second  district  Police  Court  shall  lie  held  at  such  jiiace  as  shall  be  desig- 
nated by  the  mayor.     (Ord.  21518  amending  M.  C,  sec.  1187.) 

Ord.  2151S  also  contained  the  following  provision  which  is  omitted  from  the 
text  as  being  obsolete:  "The  first  district  police  court,  in  addition  to  being  held 
at  tlie  Old  City  Hall  building,  shall  from  the  time  this  ordinance  takes  effect  up 
to  and  including  the  tliirty-first  day  of  December,  1904,  be  lield  daily,  beginning 
at  three  o'clock  P.  M.  of  eacli  day.  legal  holidays  excepted,  at  the  Mounted  Dis- 
trict Police  Station,  located  in  Forest  Park,  or  such  other  place  in  the  vicinity 
of  the  World's  Fair  Grounds  as  shall   be  designated   by   thp  Mayor." 

Sec.  126t.  Jurisdiction. — The  police  justices,  or  any  acting  justice 
pro  tem.,  shall  have  and  exercise  such  powers  and  jurisdiction  as  is  or  may 
be  conferred  by  charter  or  ordinance  provisions.     (M.  C...  sec.  1188.) 

Charter  Art.  IV.,  sees.  25-27.  See  note  to  ne.xt  section.  The  police  court  b.v 
the  charter  has  simply  power  to  enforce  all  legal  orders  and  judgments  and  per- 
form the  duties  and  exercise  the  powers  prescribed  by  ordinance,  which  must 
be  in  harmony  with  the  laws  of  the  state;  an  ordinance  granting  to  the  police 
justice  authority  to  disbar  attorneys  in  his  court  is  not  in  harmony  with  the 
laws  of  Missouri  and  is  void:     State  ex  rel  vs.  Peabody,  63  Mo.  App.  378,  381. 

It  is  held  that  a  civil  action  does  not  lie  against  judges  and  magistrates,  or 
persons  acting  judicially  within  their  jurisdiction;  but  "wiiere  a  ministerial  of- 
ficer does  an  act  as  a  judge  or  does  a  judicial  act  ■within  his  jurisdiction  lie  is  not 
civilly  liable  to  a  person  injured  unless  it  be  proved  that  the  act  be  wilful!  and 
malicious;"  Albers  vs.  Merch.  Exch.,  138  Mo.  1.  c.  164,  citing  numerous  cases;  Pike 
vs.  Magoun,  44  Mo.  491.  See  also  discussion  in  Burkbarth  vs.  Stephens.  117  Mo. 
App.   425.   431  et  seq. 

The  police  court  is  a  court  of  limited  jurisdiction,  not  proceeding  according 
to  the  course  of  the  common  law  and  such  courts  must  confine  themselves  strictly 
within  the  authority  given:  St.  Louis  vs.  Tiefel.  42  Mo.  57S,  593  (denying  juris- 
diction for  violation  of  a  state  act). 

By  the  Charter,  jurisdiction  over  all  cases  arising  from  a  violation  of  city 
ordinances  is  given  to  the  police  courts:     St.  Louis  vs.  Pahl,  114  Mo.  32,  34. 

The  power  of  the  city  granted  by  the  charter  concerning  police  justices  does 
not  extend  to  the  enactment  of  an  ordinance  granting  the  police  Justice  the  riglit 
to  disbar  or  suspend  attorneys  in  his  court;  such  ordinance  is  not  in  harmony 
with  the  laws  of  Missouri,  which  confer  that  right  on  other  courts,  and  is  void: 
State  ex  rel  vs.  Peabody,  63  Mo.  App.  378. 

Sec.  1265.  Police  courts — jurisdiction  of,  in  suits  f«)r  fines — 
forfeitures  and  penalties — proceeding:  in  <*ivil  action. — The  said 
police  courts  shall  have  jurisdiction  of  all  suits  for  the  recovery  of  any 
fine,  forfeiture  or  penalty  imposed  for  the  violation  or  breach  of  any  or- 
dinance, which  suits  and  proceedings  therein  shall  be  in  the  nature  of  a  civil 
action,     ni.  C,  sec.  1189.) 

VIOLATIONS  OF  ORDINANCES   AND   THEIR  INCIDENTS. 

Charter  Pro%isions !  The  Charter,  Art.  III.,  sec.  26,  clause  Unlli.  confers  upon 
the  city  authority  to  enact  ordinances  "to  impose,  collect  and  enforce  fines,  for- 
feitures and  penalties  for  the  breach  of  any  city  ordinance,"  and  in  default  of 
paying    the    judgment    authorizes    commitment    to    the    workhouse,    etc..    provided 


ART.  I.]  OF  POLICE  COl'RTS  OF   FlItST  ANI>  SRCOND  DISTRICTS.  817 

such  Imprisonment  dot-.-.  11..1  v.\v.-..l  six  months  (no  longer:  St.  Louis  vs.  Karr, 
85  Mo,  App.  COS);  anil  provides  for  hard  labor  with  an  allowance  therefor  of  fifty 
cents  per  day  on  account  of  the  line  and  costs.  (For  ordinances  on  tines,  penal- 
ties and  forfeitures  see  Rev.  Code.  Ch.  IS.  Art.  S,  sees.  IS.iO-liiaS.)  Art.  III.,  sec. 
26.  clause  lourte tnlh  Is  the  "Kcneral  welfare"  clause  and  authorizes  the  enforce- 
ment of  ordinances  "by  fines  and  penalties,  not  exceedlnp  five  hundred  dollars 
and  by  forfeitures  not  exceeding  one  thousand  dollars."  Art.  IV..  sec.  16,  confers 
on  the  mayor  authority  to  "remit  fines,  forfeitures  and  penalties  duly  Imposed  for 
violation  of  any  ordinance."  Art.  XVI..  sec.  12,  provides  for  a  violation  of  any 
Charltr  provision  for  which  no  punishment  has  been  therein  provided.  For  Work- 
house ordinances  see  post  R.  C,  sections  1742  tt  sea.;  for  House  of  Refuge,  now 
Industrial  School,  see  "Laws  Applicable  to  St.  Louis."  Ch.  14.  sees.  355-3G7.  and 
notes;  also  R.  C.  see,  178.1.  For  Court  Criminal  Correction  see  "Laws  Applicable 
to  St.   Louis,"  sees.   102-13!>. 

Nature  of  the  nctlun  ur  proaeeutlon:  The  proceeding  In  a  police  court  for  vio- 
lation of  an  ordinance  is  held  to  be  essentially  a  civil  action  for  recovery  of  a  debt 
or  penalty;  It  Is  governed  by  the  rules  of  pleading  applicable  to  civil  cases,  and 
not  the  strict  rules  pertaining  to  criminal  proceedings:  St.  Louis  vs.  Knox,  74 
Mo.  79;  St.  Louis  vs.  Weitzel.  130  Mo.  600.  612;  Ex  parte  Hollwedel,  74  Mo.  395; 
Delaney  vs.  Police  Court.  167  Mo.  667.  678,  citing  numerous  cases;  Springfield  vs. 
Ford,  40  Mo.  App.  586.  588;  In  re  Miller,  44  Mo.  App.  125;  In  re  Jones  90  Mo.  .-Vpp. 
318;  Cannon  vs.  McDanlel,  ISS  Mo.  207.  22S.  Such  a  proceeding,  however,  while 
civil  In  form,  is  i|uasl-crlminal  In  character.  Partaking  of  some  of  the  features 
of  each,  its  similitude  to  either  Is  not  complete.  In  pleading  It  is  more  nearly 
like  a  civil  action  but  In  its  effects  and  consequences  it  more  nearly  resembles  a 
criminal  proceeding:  Stevens  vs.  Kansas  City,  146  Mo.  460,  465  (holding  that 
hence  the  criminal  court  and  not  the  circuit  court  is  the  natural  channel  for  such 
cases  to  go  through  to  reach  their  ultimate  appellate  destination);  Douglas  vs. 
Kansas  City.  147  Mo.  4  28.  436. 

Such  an  olTenae.  though  "not  criminal,  is  penal  in  its  character  and  in  deroga- 
tion of  common  right;  the  ordinance  must  therefore  be  stricti.v  construed  and 
in  order  that  the  judgment  of  conviction  may  be  upheld  the  proof  adduced  must 
bring  the  defendant  clearly  within  its  meaning,"  and  in  this  respect  the  same 
rule  of  construction  applies  as  In  a  criminal  prosecution:  St.  Louis  vs.  Robinson, 
•  135  Mo.  460,  470.  holding  that  the  title  of  the  act  may  be  looked  to  as  a  help  to 
its  construction;   Pacific  vs.  Selbert,  79  Mo.  210,  215. 

"Civil  actions,  so-called,  for  the  recovery  of  fines  and  penalties,  have  always 
been  considered  as  so  far  ^ «oji-crlmlnal  In  their  nature,  as  to  be  excluded  from 
the  statutory  provision  against  Imprisonment  in  purely  civil  proceedings:"  Ex 
Parte  Kiburg,  10  Mo.  App.  442.  446.  So  also  it  was  said  in  the  case  In  re  Lar- 
kowskl.  94  Mo.  App.  623,  632.  that  when  a  youth  Is  sentenced  to  the  House  of  Ref- 
uge (now  called  St.  L  Industrial  School).  Instead  of  the  Workhouse,  for  misde- 
meanor, "It  Is  as  to  him  a  penal  Institution,  and  while  confined  therein  on  ac- 
count of  such  conviction  he  is  undergoing  penal  servitude." 

Iniportanl  Knnetlun  of  Munlelpnl  Ordlnniior. — The  proceeding  in  a  police  court 
"Is  Indispensable  to  the  peace  and  well  being  of  the  inhabitants  of  cities,  and 
reaches  offenses  which  state  laws  are  not  odapted  to  punish":  Stevens  vs.  Kansas 
City,  146  Mo.  460.  465.  A  Workhouse  is  conducted  for  the  public  good  ami  Im- 
prisonment therein  is  only  the  legitimate  exercise  of  suitable  police  regulations 
such  as  the  city  has  undoubtedly  the  power  to  enact:  Ulrlch  vs.  St.  Louis,  112  Mo. 
138.  144. 

Arralcnnirnt  and  pira  are  unnecessar}':  Delaney  vs.  Police  Court,  167  Mo., 
loc.   lit.   67S,  and   ■uses  there  cited;  St.    Louis  vs.  Knox.   74   Mo.    79. 

Jury  Trial.— Neither  the  federal  nor  state  constitution  guarantees  to  a  person 
charged  with  a  violation  of  a  mere  municipal  police  regulation,  the  right  of 
trial  by  Jury:  Delaney  vs.  Police  Court.  167  Mo.  667:  Marshall  vs.  Standard.  24 
Mo.  App.  192;  Ex  Parte  Kiburg,  10  Mo.  App.  442.  See  R.  C.  sec.  1286,  for  provision 
for  Jury. 

The  eonstltutlnnal  inhibition  against  liiiprUi'iiiiieiii  for  deli)  does  not  api*ly  to 
commitment  to  the  work  house  on  failure  to  pay  the  fine  assessed  for  violation 
of  u  eilv  ordinance:     Ex  Parte  Hollwedell.  74  Mo.  395;   Ex   Parte  Kiburg,  jufira. 

InjiiiK'iliin. — The  doctrine  that  criminal  statutes  cannot  be  tested  or  their  en- 
forcement restrained  In  the  civil  courts  does  not  apply  to  municipal  ordinances: 
Coal  Co.  vs.  St.  Louis,  130  Mo.  323.  330. 


818 


REVISED  CODE  OR  GENERAL  ORDINANCES. 


[CHAP.  13. 


How  entitled. — The  proceeding  should  be  in  the  name  of  the  city  not  the  state: 
Ex  Parte  Hollwedel.   74  Mo.   395;   St.   Louis  vs.   Sternberg,    69  Mo.   289,    303. 


The  proceeding  abates  upon  the  death  of  the  defendant; 
berg,   78  Mo.   547. 


Carrollton  vs.  Rhora- 


Tbe  burden  of  proof  rests  on  the  city  and  so  remains  throughout  the  trial; 
Columbia  vs.  Johnson,  72  Mo.  App.  232,  238;  and  since  it  has  to  do  with  the  per- 
sonal liberty  of  the  citizen  the  guilt  of  the  defendant  should  be  shown  beyond 
a  reasonable  doubt;  Glenwood  vs.  Roberts,  59  Mo.  App.  167;  see  also  St.  Louis 
vs.  Dorr.  136  Mo.  370  ("nothing  can  be  taken  by  intendment  in  such  a  prosecu- 
tion." "the  evidence  must  bring  the  case  within  the  allegations"),  375. 

But  it  has  been  held  that  a  fair  and  reasonable  inference  from  the  proven 
facts,  inconsistent  with  innocence,  is  sufficient  to  convict,  though  there  be  no  di- 
rect testimony;     St.  Louis  vs.  Wiley,  8  Mo.  App.  597.  • 

Intent  only  without  some  overt  act  cannot  be  made  a  misdemeanor  by  ordi- 
nance:    Ex  Parte  Smith,  135  Mo.  223,  227,  citing  St  Louis  vs.  Roche,  128  Mo.  541. 

Mnuiiuer  of  corporation  not  liable  for  violation  of  ordinance  by  employee  unless 
done  with  his  consent  or  by  his  direction;  Kansas  City  vs.  Dickey,  76  Mo.  App. 
437.  But  one  who  is  manager  in  fact  and  so  regarded  may  be  held  as  manager 
although  he  is  not  exclusive  manager  nor  technically  such:  State  vs.  Hemen- 
over.   188  Mo.   381. 

Ordinances  declaring  oircnses  con<*iirrently  ■with  state  statutes. — The  city  may 
enact  ordinances  (within  its  charter  powers),  prohibiting  acts  as  misdemeanors 
as  to  which  there  are  state  statutes  making  the  same  act  punishable  by  indict- 
ment, and  may  proceed  in  its  own  name  in  the  police  courts  independently  of 
the  state  offense  if  the  ordinance  is  not  inconsistent  therewith:  State  ex  rel 
vs.  Walbridge,  119  Mo.  383,  392;  Canton  vs.  McDaniel.  ISS  Mo.  207,  228;  Ex  Parte 
Hollwedel.  74  Mo.  395,  401-402  citing  cases;  St.  Louis  vs.  Schoenbusch.  95  Mo.  618; 
St.  Louis  vs.  Cafferata.  24  Mo.  94.  97;  St.  Louis  vs.  Bentz,  11  Mo.  .61;  Kansas  City 
vs.  Neal,  49  Mo.  App.  72;  De  Soto  vs.  Brown.  46  Mo.  App.  148;  St.  Louis  vs.  Delas- 
sus  (decided  by  Sup.  Ct.  July  2.  1907,  not  at  this  writing  reported,  and  cases  there 
cited  and  discussed.)  And  hence  a  former  acquittal  or  conviction  under  a  state 
law  is  not  a  bar  to  the  prosecution  under  tln'  ordinanc-e:  Canton  vs.  McDaniel 
supra;  and  vice  versa;  State  vs.  Gustin,   152  Mo.   108. 


But  if  the  ordinance  undertakes  to  make  that  a  misdemeanor  which  is  incon- 
sistent with  rights  under  the  statutes  applicable  to  St.  Louis,  or  the  constitution, 
it  is  void;  the  city  cannot  do  that  which  is  not  in  harmony  with  the  policy  of  the 
state  as  manifested  by  its  general  laws  upon  the  subject:  St.  Louis  vs.  Meyer, 
185  Mo.  5S3,  597.  On  this  jiroposition  in  general,  that  the  city  ordinances  must 
be  in  harmony  with  the  statutes  and  constitution,  and  its  limitations,  see  in- 
troductory  note  to  the  Charter.  Ante  page  290.   and   the  cases  there  cited. 

And  the  fact  that  the  city  ordinance  provides  a  more  definite  fine  or  penalty 
than  is  named  in  the  general  statute  does  not  create  a  want  of  harmony  be- 
tween the  two:  Kansas  City  vs.  Hallett,  59  Mo.  App.  160,  163,  and  see  cases  there 
cited;  Kansas  City  vs.  Zahner,  73  Mo.  .A.pp.  396.  See  also  St.  Louis  vs.  Delassus. 
supra. 

Misdemeanor  may  be  prosecuted  as  such  though  part  of  a  felony;  doctrine  of 
merger  applies  only  when  the  precise  act,  viewed  in  respect  of  its  precise  conse- 
quences is  in  question:     St.  Louis  vs.  Lee.  8  Mo.  App.  598. 

Penalty  in  Excess  of  Charter  Authority  is  void  but  not  if  less;  Ex  Parte  Cald- 
well,  138  Mo.   233,  241. 

And  a  T\'orkhou*.-e  superintendent  detaining  a  prisoner  for  a  lons;:or  time  than 
the  Charter  warrants,  although  acting  under  a  void  ordinance,  is  liable  for  false 
impri.-innment:  St.  Louis  vs.  Karr,  85  Mo.  App.  60S  (in  which  the  prisoner  was 
held    over    six    months). 

So  it  was  held  in  In  re  Larkowski.  94  Mo.  App.  623.  and  cases  therein  cited, 
that  the  laws  relating  to  the  St.  Louis  criminal  court  could  not  provide  a  differ- 
ent penalty  than  that  provided  by  subsequent  state  laws,  and  to  that  extent 
were  void  (see  cases  on  this  point  cited  in  note  to  "Laws  Specially  Applicable  to  St. 
Louis,"  sec.  134),  and  that  the  provision  allowing  prisoners  fifty  cents  per  day  in 
working  out  their  fines  when  sent  to  the  worl?;  house  or  reform  school  by  the 
court,  was  void,  and  that  such  prisoners  were  entitled  to  one  dollar  per  day  as 
provided    in   a  general    statute. 


AKT.  I.l  OF  POLICE  COURTS  OF  FIItST  ANP  SECOND  DISTRICTS.  819 

See.  12GG.  I'oliro  jiistiro  duly  wlu'ii  (li.s({iialifie(l. — When- 
ever it  shall  come  to  the  kuowlodye  of  either  police  justice  that  a  cause  is 
pendinfi  in  his  court  in  which  he  may  be  a  material  witness,  or  in  which 
he  may  be  interested  or  of  kiu  to  the  defendants,  it  shall  be  his  duty  to  ex- 
cuse himself  from  actinj;  as  jndfje  in  said  cause,  and  he  shall  at  once  certify 
and  tiMUsmit  said  cause,  (ojiclhcr  with  all  papers  and  docuiiicnls  I'clatinj;  lo 
same  in  his  court,  to  the  other  polii'e  justice  in  the  city,  who  shall  receive 
and  dispose  of  same  as  if  said  cause  orijiinated  in  his  jurisdiction.  (M.  ('.. 
sec.  llilO.i 

Cases  of  nilsdt-ini'anor  whore  a  change  of  venue  is  taken  or  where  transferred 
on  motion  may  go  to  the  poUce  court  south  of  Arsenal  street.  See  sec.  1318.  A 
defendant  who  lUes  an  application  for  change  of  venue  thereby  submits  his  per- 
son to  the  Jurisdiction  of  the  court:     In  re  Jones,  90  Mo.  App.  318. 

Sic.  r2()7.  llouivs  and  (la>s  of  session. — There  shall  l)e  a 
daily  session  of  the  police  coiiris  (Sundays.  Christmas.  New  Year's,  Thaiiks- 
j^iviiij;  l>iiy,  the  twenty-second  day  of  February  and  the  Fourth  of  .Inly  ex- 
cepted), commenciu};  at  the  hour  of  nine  o'clock  in  the  morning;,  and  all  the 
cases  set  for  each  day  shall  be  tried  on  each  day,  provided  thefe  be  suffi- 
cient time  between  the  hours  set  for  the  meetiu-i  of  the  court  and  sundown 
of  the  same  day.  except  such  cas(>s  as  may  be  coiil  iniifd.  as  hereafter  pro- 
vided.    iM.  C,  sec.  11!)1.) 

See,  1268.  Police  justices  aiiti  clerks — appoint luent  aiul 
terms. — The  mayor  shall  ap|Poiiit  the  jiolice  justices  and  a  clerk  for  each 
of  .said  courts,  who  shall  hold  their  olfices  for  four  years,  and  until  their 
successors  are  appointed  and  qualified.  All  such  appointments  shall  be 
subject  to  the  confirmation  of  the  council.     (M.  C,  sec.  1192.) 

The  power  to  establish  the  court  carries  as  incidental  thereto  the  power  to 
provide  for  clerks  and  to  define  their  duties:  Ex  Parte  Klburg,  10  Mo.  App. 
442.    446. 

Sec.  126f).  Assistant  police  court  clerks— duties — (pialifica- 
tioiis — l)on«l — salary. — The  clerk  of  tin-  first  district  police  court  may,  Ity 
and  with  the  approval  of  the  mayor,  appoint  two  assistants,  who  shall  aid 
said  clerk  in  the  discharge  of  his  duties  and  who  shall  perform  such  serv- 
ices as  said  clerk  may  from  time  to  time  assign  to  them  and  designate,  and 
each  of  said  assistani  clerks  is  hereby  empowei-ed  to  do  and  iierform  all 
things  ill  the  name  of  the  clerk,  as  the  clerk  is  or  may  be  by  law  emjiowered 
to  do  or  perform.  I^ach  of  said  assistants  shall  be  a  qualitied  voter  and  a 
resident  of  the  City  of  St.  Louis  for  at  least  two  years  |)rior  to  his  aji- 
point ment.  Kach  of  said  clerks  shall  give  a  bond  to  the  t'ity  of  St.  Louis, 
with  one  or  more  sutVicient  sureties,  to  be  approved  by  the  mayor  and  coun- 
cil, in  the  sum  of  twenty-live  hundred  dollars  for  tlie  faithful  jierformance 
of  his  duties  and  for  the  faithful  payment  to  the  clerk  or  treasurer,  or  lo  any 
pel-son  or  persons  entitled  thereto,  of  all  moneys  that  may  come  into  his 
hands.  F-'acli  of  said  assistant  clerks  shall  receive  a  salary  of  eighty  three 
and  lhirt\  three  and  one-third  hundredths  I'ollars  per  month,  jiayable  at 
II lid  of  each  month,     i  I'arl  of  Ord.  21.")1S. i 

Kepoals  Ord.  19912.  The  ordinance  also  contained  the  following  proviso 
omitted  In  the  revision  as  obsolete:  "Provided,  that  the  assistant  clerk  appointed 
under  the  provision  of  said  ordinance  nineteen  thousand  nine  hundred  and  twelve 
shall  continue  In  office  and  discharge  all  the  duties  of  his  otflce  until  the  ex- 
piration of  the  term  for  which  he  was  appointed,  and  thereafter  an  assistant 
clerk  shall  be  appointed  for  a  term  of  four  years,  and  the  appointment  of  the 
other  assistant  clerk  shall  be  for  a  term  expiring  on  the  thlrly-flrst  day  of  De- 
cember, nineteen  hundred  and  four,  at  which  ilate  said  office  of  such  assistant 
clerk  shall  cease  to  exist." 


820  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  13. 

Sec.  1270.  Additional  assistant  clerk— thitics— qualifications 
— salary. — lu  addition  to  the  as.si.staut  clerk  now  authorized  to  be  appoint- 
ed bv  the  clerk  of  the  First  District  Police  Court  said  clerk  may  by  and 
with  the  approval  of  the  mayor,  ajijioint  one  other  assistant  clerk  who  shall 
aid  him  in  the  discharge  of  his  duties,  and  shall  perform  such  services  as 
said  clerk  may  from  time  to  time  assign  to  him.  Said  assistant  clerk  shall 
be  a  qualified  voter  and  a  resident  of  the  City  of  vSt.  Louis  for  at  least  two 
years  prior  to  his  appointment.  He  shall  give  bond  to  the  City  of  St.  Louis 
with  one  or  more  sufficient  sureties  to  be  approved  by  the  mayor  and  coun- 
cil in  the  sum  of  twenty-five  hundred  dollars,  conditioned  for  the  faithful 
performance  of  his  duties  and  for  the  faithful  payment  to  the  clerk,  treas- 
urer or  to  any  person  or  persons  entitled  thereto  of  all  moneys  that  may 
come  into  his  hands.  Said  assistant  clerk  shall  receive  a  salary  of  one 
thousand  dollars  per  annum,  payal)le  in  equal  monthly  installment.s  at  the 
end  of  each  month.  The  first  appointment  of  said  assistant  clerk  herein 
provided  for  shall  be  for  a  term  expiring  on  the  first  Tuesday  of  April,  nine- 
teen hundred  and  seven,  and  thereafter  said  ap])ointment  shall  be  for  a 
term  of  four  years,  ])rovided,  however,  said  assistant  clerk  may  be  removed 
at  any  time  by  tlie  clerk  of  the  fii'st  district  ]iolJce  court  with  the  ai)iiroval 
of  the  mayor.'    (  Oi-d.  2201(1.) 

See.  1271.  Qnalifications  of  i)olice  jxisticc— A  person  to  l>e  eli- 
gible to  the  ott'ice  of  police  justice,  shall  be  at  least  thirty  years  of  age.  a 
licen.sed  and  practicing  attorney  for  at  least  five  years  prior  to  his  appoint- 
ment, a  citizen  of  the  United  States,  and  shall  have  resided  in  the  City  of 
St,  Louis  for  three  years  next  preceding  his  appointment.     (M.  C..  sec.  1193.) 

Sec.  1272.  Qualification  of  clerk — deputy  clerk. — A  person  to 
be  eligible  to  the  office  of  clerk  of  said  court,  shall  be  at  least  twenty-five 
years  of  age,  a  citizen  of  the  United  States,  and  shall  have  resided  in  the 
City  of  St.  Louis  three  years  next  preceding  his  a])pointment.  The  clerks 
of  said  police  courts  are  hereby  autliorized  to  a{)]M)int  such  deputies,  sub- 
ject to  the  approval  of  the  mayor,  at  such  times  as  may  be  necessary,  who 
shall  perform  in  all  respects  the  duties  of  clerk  of  the  police  court  for  which 
they  have  been  appointed,  such  deputies  to  be  paid  by  the  clerk  of  such  po- 
lice court,  and  the  princijial  shall  in  all  respects  lie  liable  for  the  acts  of 
his  deputies.     ( JL  C,  sec.  1194.J 

Sec.  1273.  Duties  of  clerks. — The  duties  and  requirements  of  each 
of  the  clerks,  except  as  otherwise  jirovided,  shall  be  as  follows: 

FinsT,  OATH  AND  BOND. — He  shall  take  the  oatli  re(]uired  of  city  offi- 
cers and  give  bond  to  the  city  in  the  sum  of  five  thousand  dollars,  with  one 
or  more  securities,  to  be  a])proved  by  the  mayor  and  council,  conditioned  for 
the  faithful  performance  of  the  duties  required  of  him  by  law  and  ordinance, 
and  paying  over  to  the  treasurer  or  any  person  or  persons  entitled  thereto, 
all  the  money  that  shall  come  into  his  hands. 

Second,  trial  docket. — He  shall  produce  each  day  at  Hie  opening  of 
the  court  a  docket  in  which  shall  be  entered  all  suits  se(  for  trial  on  that 
day,  and  the  oft'enses  for  which  the  suits  have  been  instituted,  and  tlie  po- 
lice justice  shall  note  upon  said  docket  the  judgment  or  other  actiou  iu 
such  suit  as  soon  as  the  same  is  had. 

TiiiKD,  appeal  docket- — transcript. — He  shall  keei)  an  apjieal  docket 
in  wjiich  shall  be  duly  recorded  all  the  proceedings  had  in  any  suit  in  which 
an  apiieai  sli.MJl  have  been  granted  to  tlie  SI.  Louis  Court  of  Uriiiiiual  ("orrcc- 
tion.  and,  upon  an  appeal  being  ]ierl'ected,  he  shall   make  out  and   certify 


ART.  I.J  OF  POLICE  COURTS  OP  FIRST  AND  SECOND  DISTRICTS.  821 

to  said  court  a  full  transcript  of  the  proceedings  Iiad  in  said  snir.  for 
which  (unless  tlie  city  be  appellant),  he  shall  collect  from  tlie  aiipellant  a 
transcript  fee  of  one  dollar  and  a  half,  which  transcript  fee  the  clerk  sliall 
be  re(|iiii'ed  to  pay  into  tlie  treasury  within  three  days  after  the  appeal  is 
taken. 

FouKTU,  COSTS.  FEE  BILLS.  FINES  ANU  REPORTS. — llc  shall  fa.x  all  costs  in 
his  court  (subject,  however,  to  appeal  to  the  police  justice  I,  to  make  out 
all  fee  bills  and  executions;  to  make  out  and  issue  all  processes  of  the 
court,  and  sij^'u  the  same  as  clerk,  to  make  lo  the  auililor  each  iiionth  a 
statement  of  all  the  fee  bills  and  executions  retiiriied  to  him  satisfied  l)y 
the  marshal  during  the  preceding  month,  to  furnish  to  the  municipal  as- 
sembly, at  each  legular  session  a  full  statement,  of  the  amount  of  tines 
imposed,  amount  of  lines  remitted  by  the  mayor  so  far  as  the  same  apiier- 
tains  to  cases  from  his  court,  amount  of  fines  and  costs  collected  by  exet-u- 
tion  to  the  workhouse,  and  fines  ancl  costs  ouisiaiiding  since  the  commence- 
ment of  the  previous  session,  to  administer  oaths,  to  certify  to  transcri|)ts 
from  the  doikets  of  the  police  justice,  and  t)ther  records  of  the  court,  and 
generally  when  not  otherwise  prescribed  by  ordinance,  the  duties  of  said 
clerk  shall  be,  as  near  as  may  be,  the  same  as  those  required  of  the  clerk 
of  the  St.  Louis  Court  of  Criminal  Correction. 

FiiTii.  i{i;roKi>s.  nooKS  and  papcrs — mannkr  oi-  Ki:i;i'iN(i. —  lie  shall  have 
the  care  and  custody  of  all  the  books,  records  and  dockets  of  tlie  court,  shall 
(ile  and  preserve  all  papers  which  pertain  to  any  suit  oi'  other  proceedings 
had  tlu'i-ein,  and  shall  keep  a  book  or  books  provided  for  that  purpose,  in 
which  he  shall  enter  the  names  in  alphabetical  order  of  all  |)ers()ns  tried  be- 
fore the  police  justice,  the  date  of  the  trial,  the  nundier  of  the  cause,  accord- 
ing to  the  entry  on  the  execution  blotter,  the  violation  or  olVciisc  charged,  and 
the  judgment  rendered;  said  book  shall  be  called  the  "alphalK'lical  index." 
Ile  .shall  also  keep  another  book  to  be  called  the  '"execution  blotter,"  in 
which  he  shall  enter  the  names  of  every  person  tried  before  the  police  jus- 
tice, in  the  order  in  whicli  their  names  api)ear  on  the  docket,  the  date  of 
trial,  the  violation  or  offense  alleg(>d,  and  the  judgment  rendered,  ami  these 
entries  shall  be  mimliered  in  their  order  for  each  month,  separately,  com- 
mi'iicing  with  number  one  for  the  tirst  entry  in  each  month,  and  all  nuiidiers 
on  jiapcrs  pertaining  to  the  several  cases,  or  on  entries  of  the  ca.ses  in  otlier 
books  shall  corresjiond  with  the  nund)er  of  the  cases  severally  on  the  "exe- 
cution blotter."  lie  shall  also  keep  another  book  to  he  called  the  "execution 
book,"  with  a  debtor  and  creditor  side,  in  which  he  shall  enter  on  the  debt- 
or side  every  fee  bill  or  execution  delivered  to  the  marshal,  placing  in  scpa 
rate  columns  the  amount  of  the  line,  (he  police  justice's  fees,  clerk's  fees, 
city  altoriicy's  fi'cs.  marshal's  fees  and  witness'  fees,  on  the  credit  side  he 
shall  enter  in  like  manner  every  fee  bill  or  execution  returned  to  him  by  (he 
marshal,  taking  care  to  keep  together  fines  and  fees  satisfied,  in  distinct  col- 
umns from  lines  and  fees  in  workhouse  or  other  cases  in  which  the  same  are 
not  collected.  Ile  shall  also  keep  a  roll  of  attorneys  for  the  police  court, 
and  no  attorney  shall  practice  in  .said  court,  unless  his  name  ajijiear  on 
said  ndl  of  attorneys,  by  iiufhority  of  the  [xilice  justice. 

JustliM*  ("unnot  tllsbar  iittornry;      Sfu   note   lo  st-c.    12"".  I 

Sixth,  execution. — He  shall  furnish  to  the  marsh.il  immediately  upon 
the  conviction  and  sentence  of  a  prisoner,  an  original  execution  or  a  true 
•■opy  of  the  same,  with  all  costs  indorsed  thereon.  y)ro]ier  to  he  taxed  up  in 
the  cause,  that  he  may  collect  the  same  without  delay,  and  tipon  failure 
to  collect  that  he  will  immediately  cause  the  i)risoiier  to  be  removed  to 
the  Workhouse  with  all  |Hissible  disjiatrh. 

Seventh,  assist  city  .\ttorney. — He  shall  so  far  as  is  consistent  with 


822  P.EVISKl)  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  13. 

the  duties  of  his  office,  assist  the  city  attorney  iu  receiving  complaints  and 
making  out  the  necessary  papers  therefor.     (M.  C,  sec.  ll'J.J.) 

See.  1274.  Pei'soiis  in  custody  to  be  tried  first.— Persons 
iu  custody  shall  be  tried  first,  if  ready  for  trial;  all  other  persons  shall  be 
tried  in  the  order  in  which  their  names  appear  upon  the  docket.  (M.  C,  sec. 
1196.) 

Sec.  1275.  Bail,  by  wlioni  to  be  taken.— Auy  person  ar- 
rested for  any  violation  of  an  ordinance  may  be  admitted  to  bail  by  execut- 
ing a  bond  to  the  city,  with  sufficient  security,  to  be  approved  by  the  nuiyor. 
police  justice,  the  marshal  or  his  deputies,  the  chief  of  police,  police  cap- 
tains or  other  police  officers  in  charge  at  the  time  of  any  station  house,  but 
by  the  police  justice  only,  when  the  case  is  on  the  docket  of  the  police  court, 
in  such  an  amount  at  the  discretion  of  the  officer  as  will  secure  the  pris- 
oner's presence,  but  not  exceeding  the  sum  of  five  hundred  dollars,  condi- 
tioned that  said  person  will  appear  upon  a  day  named  before  the  proper 
police  court,  to  await  his  or  her  trial  upon  the  charge  against  him  or  her, 
and  every  bond  taken  as  above  shall  be  forthwith  tiled  with  the  clerk  of 
said  police  court,  by  the  officer  approving  and  taking  out  such  bond;  pro- 
vided, that  no  attorney  at  law,  police  officer,  constable  or  his  deputy,  or 
any  officer  of  the  City  of  St.  Louis,  whether  elected  or  aj)pointed,  shall  be 
received  as  security  upon  such  bond;  and  provided,  further,  that  no  one 
shall  be  accepted  as  bondsman  who  shall  have  standing  against  him  an 
unsatisfied  judgment  rendered  on  a  forfeiture  of  bond.     ( M.  C,  sec.  1197.) 

Sec.  1276.  Bonds — when  forfeited — proeednre.— If  the  defend- 
ant fails  to  appear  according  to  the  condition  of  his  bond,  or  having  ap- 
peared shall  leave  the  court  without  awaiting  his  trial,  the  proceedings 
against  the  defendant,  and  the  surety  or  sureties  on  his  bond  shall  be  gov- 
erned by  the  laws  of  the  State  of  Missouri  regulating  proceedings  in  cases 
of  bond  forfeitures  before  justices  of  the  peace  in  misdemeanors.  (M.  C, 
sec.  1198.) 

state   laws    relating   to    bond  forfeitures  before   justices  of   the   peace  in    misde- 
meanors.  R.   S.    1S.99.  Cliap.    16.   .A.rt.   XII,   particularly   sections   2793   to   2SO0. 

Sec.  1277.  Suits — manner  of  bringing.— All  suits  in  the  police- 
courts  (except  such  as  are  brought  by  the  report  of  the  chief  of  police  or 
other  duly  authorized  officers  of  the  board  of  police  commissioners),  shall 
be  in  the  manner  and  form  following:  There  shall  be  filed  with  the  clerk 
of  a  police  court  a  statement  signed  by  the  city  attorney  or  ])erson  acting 
in  his  stead,  which  statement  shall  be  in  the  form  substantially  as  follows: 

City  of  St.  Louis,  19 — ,  A.  15..  to  the  City  of  St.  Louis,  debtor  to 

dollars,  for  a  violation  of  an  ordinance  of  the  City  of  St.  Louis,  entitled  an 

ordinance  i  here  in.sert  the  title  of  ordinance),  approved  the day  of . 

A.  D.  19 — ,  in  this,  towit:   The  said  A.  B.,  in  the  City  of  St.  Louis,  between 

the da\  of  —,  A.  D.  19—.  and  the day  of ,  A.  D.  19—,  did 

(here  insert  jiarticulars).    .  city  attorney  of  the  City  of  St.  Louis.     (M. 

C,  sec.  1199.1 

See    note   to   sec.    12ii5   and   to   sec.    1273. 

Sec.  1278.     Joint   offenses — i>rocednre.— The  said   statement   may 

include  several  iieisons  charged  with  the  same  offense,  who  m.ay  be  tried 
jointly  at  their  discretion,  ami  on  conviction  pay  jointly,  flues  and  costs; 
but  if  they  elect  to  be  tried  separately,  they  shall,  on  conviction,  jiay  each 
separately,  a  fine  and  costs.     i'Sl.  C,  sec.  1200.) 


ART.  I]  OF  POLICE  COURTS  Ol'  TIRST  AND  SECOND  DISTRICTS.  823 

Sec  127!'.  Suits  -siillM'i«'ii<>  <»i'  slati'iiu'iit  — not  lo  It*'  «li.s- 
iiiis.stMl  for  foriiiMl  (l«'r<'«*ts.--.\(i  suit  sliall  be  (iisniisscd  I'oi-  aiiv  loriiial 
defects  ill  tlie  siaii'iueiii  oi  ilie  eitv  attorney,  oi"  (tii  the  report  of  the  chief  of 
police  or  other  duly  authorized  officers  of  the  board  of  police  coniniissioners, 
if  it  siibstantialiv  set  forth  the  nature  of  tlio  violation  alleged.  ( .M.  C, 
sec.  1201.)  ' 

I'rorrdllDKK  nrt-  civil. — Thai  the  proceedings  In  a  police  court  for  violation  of 
a  city  onllnanoe  Is  a  civil   proceeding  see  authorities  In  note  to  sec.   1265. 

$>ulTU'lrnc>'  of  atatrment.— Observance  of  the  rules  of  technical  pleadings  In  a 
court  of  record  or  In  a  criminal  proceeding  Is  not  required  In  the  police  court. 
The  proceeding  may  be  assimilated  to  the  informal  procedure  before  a  justice  of 
the'peace.  The  statement  Is  suffciont  if  It  Inform  defendant  of  the  offense  which 
he  Is  called  upon  to  answer:  Sprlnglleld  v.s.  Ford,  40  Mo.  .\pp.  586,  588;  St.  Louis  vs. 
Smith,  10  Mo.  438;  St.  Joseph  vs.  Levin.  128  Mo.  588.  592.  See  also  St.  Louis  vs. 
Liesslng.  190  Mo.  464,  491-492;  St.  Louis  vs.  Blppen,  100  S.  W.   (Sup.  Ct.),  1048. 

The  statement  or  Information  Is  sufficient  If  It  charge  the  violation  in  the 
language  of  the  ordinance:  Louisiana  vs.  Anderson,  100  Mo.  App.  341;  St.  Louis 
vs.  Knox,  74  Mo.  79;  Gallatin  vs.  Tarwater,  143  Mo.  40,  46;  St.  Louis  vs.  Woltzel, 
130  Mo.  600,  612:  Trenton  vs.  Devors.  70  Mo.  App.  S;  or  substantially  so:  De  Soto 
vs.   Brown.   4  4   Mo.   App.    14S. 

But  a  statement  referring  to  the  whole  revision  of  ordinances  Is  Insufficient, 
without  specifically  referring  to  the  particular  section  violated:  Kansas  City 
vs.  Whitman.  70  Mo.  App.  630.  633.  And  a  complaint  Is  Insufficient  which  refers 
to  no  particular  ordinance,  nor  what  the  penalty  Is.  nor  alleges  such  attendant 
circumstances  as  to  advise  the  defendant  of  the  cause  of  action:  Memphis  vs. 
O'Connor,  63  Mo.  468;  Marshall  vs.  Stanard.  24  Mo.  App.  192.  It  would  seem 
that  the  statement  must  allege  the  offense  to  have  been  committed  within  the 
limits  of  the  city:  See  same  principle:  State  ex  rel  vs.  Baker,  74  Mo.  394:  Salis- 
bury vs.  Patterson.  24  Mo.  App.  169.  And  a  statement  is  bad  which  Is  so  Indefi- 
nite that  It  might  not  operate  as  a  bar  to  another  action:  St.  Louis  vs.  Bab- 
cock.  156  Mo.  148,  153.  Such  proceedings  may  be.  In  fact  to  be  effective  must 
be,  summary:     Delaney  vs.  Police  Court,  167  Mo.  loc.  clt.  078. 

If  the  statement  charges  several  distinct  offenses  conjunctively  In  one  count, 
and  no  motion  to  elect  or  to  strike  out  Is  made,  a  general  conviction  will  be  up- 
held if  proper  under  any  one  of  the  offenses  charged:  St.  Louis  vs.  Weltzel,  130 
Mo.  600.  613;  see  also  Gallatin  vs.  Tarwater,  143  Mo.  40,  47.  And  hence  a  motion 
to  quash  the  whole.  If  any  offense  in  any  charge  Is  good,  is  treated  like  a  general 
demurrer  and  must  be  overruled:  St.  Louis  vs.  Grafeman  Dairy  Co.,  190  Mo.  492. 
An  Information  not  signed  by  the  proper  person  cannot  thereafter  be  ratified  and 
the  proceeding  must  be  dismissed:  K.  C.  vs.  Flanagan.  69  Mo.  22.  There  need 
not  be  any  Information  filed:     Billings  vs.  Brown.  106  Mo.  App.  240. 

Sec.    12S0.     Suits— .statoiiu'iit    in      may    1k'     anu'iuU'd.— Wheu 

any  statement  of  the  city  attorney  or  report  of  the  chief  of  jiolice  or  other 
duly  aulliorize<l  officer  is  declared  defective  in  form,  and  not  in  substance, 
Ilie  same  may  be  amended,  if  so  amended  within  two  hours  from  ihe 
time  of  Ihe  decision  by  the  justice,  upon  such  terms  as  the  justice  may 
require,  but  no  continuance  shall  be  granted  for  a  longer  ]ieriod  that  in 
other  cases.     iM.  ('..  sec.  Ilim'.  i 

An  amended  Information  may  be  filed  before  the  police  Justice  without  nota- 
tion on  the  docket;  and  on  appeal  the  minute  entry  by  the  clerk  togctheV  with 
his  certificate  sent  up  with  the  other  papers  In  the  case  sufficiently  shows  that 
the  amended  Information  was  filed,  and  when:  St.  Louis  vs.  Lee.  8  Mo.  -Vpp. 
598.  Proceeding  on  report  of  chief  of  police  Is  subject  to  amendment:  St.  Louis 
vs.  Vert,  84  Mo.  201.  Under  the  Kansas  City  ordinonces  on  amendnifnt  rnnnot 
be  allowed  on  appeal  In  the  criminal  court:  Kansas  City  vs.  Whitman,  70  Mo. 
App.  630. 

Sec.  12^1.     Suits — Huiiinions,    \vli«'n   to    Issuo-liow    sorved.— 

Upon  the  statemeiii  being  filed  as  pr<.)vicli-il  in  section  1277,  the  {lolice  jus- 
tice or  the  person  acting  in  his  stead,  shall  issue  a  summons  thereon,  reinrn 


824  UEVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP,  13. 

able  lortliwitli,  which  shall  lip  dclivprcd  to  the  marshal,  wiio  shall  f<ii-tliwith 
proceed  to  execute  the  same,  either  bj  readiiij;-  it  to  the  defeudaut.  or  by  de- 
liverinj.?  liim  a  copy  thereof,  or  by  leaving  a  copy  of  it  at  his  usual  place 
of  abode,  witli  u  person  of  the  family  over  Ihe  age  of  fifteeu  years;  and.  if 
the  person  against  whom  the  summiuis  shall  be  issued,  shall  refuse  to  hear 
the  same  read,  or  to  receive  a  copy  thereof,  the  officer  serving  the  same  shall 
forthwith  arrest  him  and  he  shall  be  proceeded  against  as  if  said  sumnions 
had  been  duly  served.     (M.  C,  1203.) 

The  cause  being  a  civil  one  jurisdiction  of  the  person  may  be  obtained  eitlier 
by  due  service  of  process  or  voluntary  appearance:  In  re  Jones,  90  Mo.  App. 
318.  But  a  summons  cannot  be  issued,  it  seems,  without  the  statement  first  filed, 
and  tlie  court  has  no  jurisdiction:    sfe  Missouri  City  vs.  Hutchinson.  71  Mo.  4G. 

Sec.  1282.  Suits — how  trietl — Upon  the  return  of  the  summons  by 
the  marshal,  the  police  justice  or  person  acting  in  his  stead,  shall  be  fully 
possessed  of  the  cause  and  shall  jiroceed  to  hear  and  determine  the  same  in 
a  summary  way,  and  to  that  end  shall  issue  subpoeuas  for  witnes.ses,  and  at- 
tachments and  other  summary  processes,  if  necessary,  to  compel  their  at- 
tendance.    (M.  C,  sec.  1204.) 

Prosecution  under  ordinance  abates  upon  the  deatli  of  tlie  defendant:  Carroll- 
ton  vs.  Rhomberg-,  78  Mo.  547.  "Sucli  proceedings  may  be,  in  fact  to  be  effective 
must  be,  summary:"     Delaney  vs.  Police  Court.  167  Mo.  1.  c.  678. 

Sec.  1283.  Suits — proceeding's  ou  default. — When  a  defeudaut , 
duly  summoned,  fails  to  appear  at  tlie  time  the  suit  is  set  for  trial,  the 
police  justice  shall  proceed  to  hear  and  examine  the  testimony  offered  on 
the  i)art  of  the  city,  and  shall  render  judgment  by  default  against  the  de- 
fendant for  such  amount,  under  the  ordinance,  as  he  may  deem  justice  re- 
quires; but  such  judgment  by  default  may  be  set  aside  by  the  police  jus- 
tice and  a  new  trial  granted  within  ten  days  after  the  rendition;  provided, 
that  the  defendant  shall,  within  ten  days,  make  application  aud  show  good 
cause  for  said  setting  aside,  and  shall  pay  all  costs  which  have  accrued,  un- 
less he  show  that  he  was  prevented  by  unavoidable  circumstances  from  at- 
tending at  the  trial,  in  which  case  he  shall  not  be  required  to  pay  the  costs. 
(M.  C.  sec.  1205.) 

Tile  rule  in  a  criminal  proceeding  tliat  a  person  cannot  be  tried  in  his  ab- 
sence does  not  apply  to  a  prosectrtion  for  violation  of  an  ordinance:  In  re  Miller, 
44  Mo.   App.   125,  127. 

Sec.  12S4.  Suits— pei'soiis  undei'  arrest— trial  upon  report  of 
chief  of  police. — ^N'o  summons  or  warrant  shall  be  Ls.sued  against  any 
])erson  lawfully  arrested  by  any  officer  or  member  of  the  city  police,  but 
in  every  such  case  a  trial  shall  be  had  upon  the  written  report  of  the  chief 
of  police,  but  the  party  so  arrested  may  require  of  the  city  attorney  to  file 
a  written  statement  setting  forth  the  nature  of  the  offense  with  which  he  is 
charged  and  the  ordinance  under  which  the  charge  is  brought,  and  for  this 
piirjiose  the  jiolice  justice  shall  allow  a  reasonable  time  not  to  exceed  twenty- 
four  hours,     (jr.  G.,  .sec.  120G.) 

The  report  of  the  chief  of  police  need  not  be  signed  in  person  but  may  be 
signed  by  his  subordinate  liaving  charge  of  such  matters:  St.  Louis  vs.  Vert, 
84  Mo.  204;  Ex  Parte  HoUwedel,  74  Mo.  395;  Ex  Parte  Washington,  10  Mo.  App.  495. 

The  trial  may  be  had  though  the  report  does  not  ask  judgment  for  a  particular 
sum  since  the  maximum  and  minimum  penalties  are  fixed  by  ordinance:  St.  Louis 
vs.  Vert,  84  Mo.  204.  Such  report  is  subject  to  amendment:  lb.  As  to  suffi- 
ciency of  a  report  and  necessary  particulars  see  St.  Joseph  vs. .Harris,  59  Mo. 
Add.  122. 


ART.  I.I  OF  POUCE  COURTS  OF   FIHST   .\.N1»  SECON'l)  DISTRICTS.  H25 

See.  1285.  ('uslo«l.v — i»iirti«'s  in,  lo  hr  l)r4Mi<>:li(  r«»i-  Irhil 
each  (lay. — At  the  uppiiiiij;  <>l  tlu'  i.oliie  loiirl.  oiuli  dav.  tlie  marshal 
shall  brill};  bt'l'orc  tlii'  court,  lor  trial,  all  pLMsoiis  wliii  may  be  in  cuslody 
for  violation  of  onliiianccs,  and  the  calaboose-keepers  shall,  for  this  pur- 
pose, deliver  lo  the  marshal  all  the  jirisoners  in  their  kee[)in};:  provided, 
that  no  jjerson  whose  ease  has  been  continued  to  a  later  day  shall  be  re- 
(piired  lo  be  so  brou^ilit  bcl'drc  ilir  iniiil.  unless  by  order  ol'  llie  police  jus- 
tic«>.     (.M.  <'.,  see.  iL'dT.) 

See.  1286.  .Iiiry— of  \\liat  iiiiiulK'r  t«»  consist. — A  jury  be- 
fore the  |iolice  courts,  shall  consist  of  si.x  ]>ersons,  unless  the  jiarties  af;ree 
to  a  less  numbei-.  or  unless  the  state  law  reijuires  a  jury  of  twelve.  (M.  C, 
-sec.   ll'lis.  I 

But  In  tlu-  ahsenco  of  nidlnance  neltlier  the  fcdiTal  nor  stnto  constitution 
guarantees  the  right  to  a  trial  by  jur>"  for  violation  of  a  more  municipal  police 
regulation:  Delaney  vs.  Police  Court.  1G7  Mo.  667;  F.\  Parte  Klburg.  10  Mo.  App. 
442.  See  note  to  sec.  1265.  Hence  If  an  ordinance  giving  a  Jury  trial  requires 
a  deposit  for  costs,  defendant  must  comi>ly  with  such  provision  before  he  Is 
entitled  to  a  Jury:  Helaney  vs.  Police  Court,  supra.  Defendant  waives  a  Jury 
by  submission  <<<  nu  :iLrr..il  siMi.nunt  of  fact:  St.  Charles  vs.  Ilackman,  133 
Mo.    631 

Sec.  1287.  Jury — venire  for,  when  to  issue. — Upoii  ii  jury 
beinir  demanded,  the  police  justice  shall  issue  his  venire,  returnable  at  the 
time  the  case  may  be  set  for  trial,  and  if  forthwith,  the  suit  shall  be  put  at 
the  foot  of  the  day's  doi'kel,  and  the  polices  justice  shall  imiuediaely  pro- 
ccH'd  to  try  the  next  suit  in  order.     iM.  ("..  sec.  llJUit.) 

See.  128!S.     .lury— proceetliiijjM  wlien  marshal  disipialified. — 

When  the  marshal  is  of  kin  to  the  pro.secutor  or  dcleiidaiii  In  :uiy  suit, 
or  the  defendiiut  shall  tile  an  atVidavit  that  the  marshal  is  so  ]irejudiced 
aj;ainsi  him  ihaf  justice  may  not  be  done  in  the  selection  of  a  jury,  the 
ptdice  justice  shall  issue  his  venire  to  some  disinterested  person,  who,  be- 
fore e.xeciiiinj;  the  same,  shall  be  sworn  faithfully  and  impartially  to  execute 
it.  and  who  shall,  for  its  execution,  receive  the  s:iiiie  compensation  as  is 
allowed  In  constables  for  the  same  service  in  justice  courts,  i  .M.  ('.,  sec. 
121(1.) 

See.    r2S!(.     .Iiiry — oal h    «>i-   atlirinat Ion    to    he    adinistered. — 

.lurors  shall  Im'  sworn  or  alfirmetl,  to  well  and  truly  try  the  matter  in  issue 
and  a  li'iie  \erdici  render,  accordinj;  to  the  law  and  evidence.  (  M.  ('..  sec. 
1211.  t 

Sec  1290.  Trials — when  sei>arate  had. — INisniis  joint iy  eharired 
shall  have  a  .separate  trial  if  they  demand  it  before  the  trial  be  {^one  into, 
or  betore  the  jur\   be  impaneled,     i  .M.  i"..  sec  1212.  i 

S.-c.  12!)1.  Trials — .iur>  1<»  assess  penalty.  —  If  any  jury  lind 
the  defendant  ;;uilty,  they  shall  assess  the  jienalty  within  the  limits  |ire- 
srribed  li\  the  ordinance,  where  the  same  is  not  specially  tixed  by  ordinance 
;it  :i  ;;i\en  sum.      i  M.  ( '..  sec  l21o. ) 

Sec.  12!I2.  rri;ilN — costs  ass«»ssc(l  on  eon  \  ict  ion.  -In  every 
suit  f<u-  violation  ot  city  ordinance  before  the  police  jusliccs.  where  the 
ilefeiidant  shall  Im>  convicted,  the  followiii};  costs  shall  accrue,  and  shall  be 
collected  from  defendmit  in  like  manner,  with  the  tine  imiiosed.  to-wit  :     A 


826  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  18. 

police  justice's  fee  of  seventy-five  cents,  a  clerk's  fee  of  fifty  cents,  a  city  at- 
torney's fee  of  one  dollar,  a  marshal's  fee  of  seventy-five  cents,  and  a  fee  of 
fifty  cents  for  everv  witness  and  jiii-oi-  clnimini;  it.  to  he  jiaid  into  the  treas- 
ury.    (M.  C,  sec.  1214.) 

See.    1293.     Suits— when   disnii.sstMl   on     payment    of    costs. 

— Whenever  a  defendant  is  proven  guilty  of  a  violation  of  ordinance,  which 
violation  is,  in  the  judgment  of  the  police  justice,  of  a  trivial  nature,  he 
may,  at  his  discretion,  dismiss  defendant  upon  payment  of  costs.  (M.  C, 
sec!  1213.) 

Sec.  1294.  Suits — costs  on  abatement  of. — Whenever  a  de- 
fendant shall  be  brought  before  the  justice  court  by  summons,  and  it  .shall 
be  shown  to  the  jjolice  justice  that  since  the  filing  of  the  complaint,  the 
cause  of  complaint  has  been  abated,  the  police  justice  may  dismiss  defend- 
ant on  payment  of  costs.     (M.  C,  sec.  121C.) 

Sec.   1295.     Suits — costs     of,     wlien    i>rose<*utor      to     pay. — 

When  a  defendant  is  acquitted,  the  informant  or  jjrosecutor  may  be  ad- 
judged to  pay  the  costs  if  it  appear  to  the  police  justice  that  the  prosecution 
was  with  malice  or  without  i)robable  cause,  and  in  case  any  informant,  pros- 
ecutor or  jierson  (other  than  a  city  officer),  at  who.se  instance  or  upon 
whose  information,  any  suit  may  be  instituted  by  the  city,  shall  neglect  and 
fail  to  api)ear  and  prosecute  the  same,  after  being  duly  summoned,  said  in- 
formant or  ])rosecutor  shall  be  adjudged  by  the  police  justice  to  pay  the 
costs  that  may  have  accrued  in  the  case  so  reported.     (M.  C,  sec.  1217.) 

Sec.     1296.     Suits —officers     as      witnesses,      requirement 

Officers  shall  attend  as  witnes.ses  against  persons  whom  they  have  arrested 
without  being  summoned,  and  if  they  fail  to  appear  at  the  time  of  trial, 
thev  mav  be  attached  and  punished  for  contempt,  as  witness  summoned. 
(M!  C,  sec.  1218.) 

Sec.  1297.  Witnesses — fees  of. — All  witnesses  and  jurors  (city 
officers  and  prosecutors  excepted),  duly  summoned  in  any  suit  before  a  po- 
lice justice,  and  attending  at  the  trial,  shall  be  entitled  to  fifty  cents  for 
each  day's  attendance;  but  they  shall  not  charge  for  attendance  in  more 
than  one  suit  on  the  same  day,  and  every  witness  or  juror  shall  be  deemed 
dulv  summoned,  who  is  sworn  to  serve  or  testifv  in  any  case.  (M.  C,  sec. 
1219.) 

R.  S.,  1899,  provlde-s  that  no  officer,  appointee  or  employee  holding  a  state, 
county,  township  or  municipal  office,  Including  police  officers  and  policemen,  etc., 
is  allowed  any  witness  fee  for  testifying  before  a  coroner,  grand  jury  or  in  any 
criminal  case.  See  note  to  Charter  Art.  III.,  sec.  26,  clause  8.  as  to  right  of  of- 
ficers  to   witness   fees. 

See.  1298.     Witnesses — fees  of — claim     for    and    payment. — 

Whenever  a  witness  is  entitled  to  and  claims  his  fees  for  attendance  at  any 
police  court,  the  clerk  of  said  court  shall  give  him  a  certificate  of  the  amount 
due  him,  stating  name  of  defendant  and  witness,  with  the  date  of  the  trial, 
and  the  marshal  shall,  on  the  presentation  of  the  said  certificate  to  him, 
pay  the  same  from  any  moneys  in  his  jiossession  belonging  to  the  city;  when 
the  city  fails  to  sustain  the  charge,  and  otherwise  ju-ovided,  the  same  has 
been  collected  from  the  defendant,  and  shall  at  the  end  of  every  month,  file 
every  such  certificate  M'ith  the  auditor,  who  shall  allow  the  same  in  settle- 
ment of  the  marshal's  accounts.    (M.  C  sec.  1220.) 


AHT.  I]  OF  roi.icn  rOl'RTS  of  first  and  SKCONP  DlSTRinTS,  827 

Sec.  lUSH).  Suits — f<»iiliiMiaiU'(>s,  wIumi  ^raiitt'*!. — Whcncvt'r  a 
siiii  is  first  i-alli-d  up  I'm-  ti-i;il,  if  oitlier  iiarl\'  Ih'  iiol  I'cad.v  owiiij;  to  the 
absence  iif  witnesses  material  tn  the  case,  a  coniiniiaiice  sliall  he  f;i'anled  l)y 
tlie  police  justice  lor  one  day,  on  the  application  of  the  party  desiring 
it.  ir  a  continuance  is  wanted  hy  either  party  for  a  louficr  time,  the  party 
niakinj;  application  may  he  reipiired  to  state  under  oath  the  materiality  of 
such  witness,  and  his  name,  residence,  and  occupation,  if  known,  where- 
upon a  continuance  may  he  j;ranted  for  a  period  not  exceediu*;  ten  days; 
if  ujion  the  calliu<r  of  the  case  at  the  time  to  which  it  shall  have  been  con- 
tinued, a  second  continuam-e  is  asked,  the  party  applyinj;  therefor  shall  l)e 
reipiired  to  make  alVidavit,  siaiinj;  the  materiality  of  the  absent  witness, 
what  he  expected  to  ]>rove  by  him.  and  what  nutans  have  been  used  to  pro- 
cure his  attendance;  if  sidficient  cause  be  shown,  in  the  judgment  of  the 
police  justice,  he  shall  grant  a  further  continuance,  not  exceeding  thirty 
days;  provided,  that  if  the  defendant  be  in  custody,  and  unable  to  give  hail, 
no  continuance  shall  be  granted  in  behalf  of  the  city  for  a  longer  time 
than  forty-eight  hours  (except  when  Sunday  shall  intervene),  nor  shall  a 
seciuid  continuance  lie  granted  in  its  behalf,  unless  the  defendant  be  ad- 
mitted to  bail,  but  the  i)olice  justice  may  admit  him  to' bail  on  his  own  rec- 
ognizance, in  like  manner  as  if  he  gave  security,  in  which  case  a  further  con- 
tinuance, not  exctt'ding  thirtv  davs,  mav  be  granted  in  behalf  of  the  citv. 
IM.  C,  sec.  1221.1 

S' I-.  i:u)i>.  Siiit-^  roiiliiiiiiiiKTs.  :i|>|)licat ion  for,  wlion  fo 
li«'  iiiadt' — motion's  loi- «lisinis>al,  «>t<'.  AH  apidicatioiis  for  coniinu 
an<-e  shall  he  made,  either  at  the  opening  of  the  court  in  the  morning  of  the 
day  on  which  the  ca.se  is  .set  for  ti'ial,  or  when  the  suit  is  called  for  trial, 
and  at  no  other  time,  unless  by  permission  of  the  jiolice  justice;  an<l  all 
motions  for  dismissal  on  account  of  informality  or  illegality  in  the  ]iaper 
or  proceedings,  and  all  other  motions  in  relatioTi  to  matters  which  do  not 
necessarily  arise  during  the  pi-ogress  of  a  trial,  and  all  ])leas  excejil  of 
■•guilty"  or  of  "not  giiilty,"  must  be  made  and  filed  in  writing  and  argued 
when  the  case  is  called  up  for  trial,  and  at  no  other  time.     (M.  C.,  sec.  1222.) 

That   arralsnment  and    plea   are   not   essential    see   authorities   In   note   to   sec. 
1265. 

Sec.  l:U)\,  Depositions — wlirn  nia>  In-  road  in  ovidonci'. 
Depositions  taken  in  conformity  to  the  laws  of  the  state  may  be  read  in 
evidence  on  behalf  of  the  defendant  before  a  police  justice,  in  any  case 
where  the  witness  is  dead,  or  by  reason  of  sickne.ss.  old  age,  or  bodily  in 
lirmity.  or  ab.seiice  from  the  i-ity,  is  unable  or  cannot  safely  attend  to  the 
trial;  provided,  that  such  absence  is  without  collusion  of  the  party  offering 
the  deposition.     (M.  C,  sec.  122.'{.) 

Sec.  1302.  -Notifos — to  Itc  .s(>r\  r<l  on  citv  attorney. — All  pro- 
cesses and  notices  which  it  may  be  necessary  in  any  suit  before  the  police 
justice  to  ser\('  on  the  city,  shall  be  served  on  the  city  attorney  or  the  person 
acting  in  his  stead,     i  .M.  <"..  sec.  1224.1 

Sec.  i;}t»3.  1*1  «>N(<iiI  iiiu  ,itti>iii(\  — \\  Imii  poll«"»'  jiisticr  nia\ 
appoint. — In  thf  absciut-  ol  the  city  attorney  or  assistant  city  altctrney, 
whiii  any  suit  in  which  th(>  city  is  plaintitT  is  about  to  be  tried,  the  police 
justiic  may.  if  he  deems  it  necessary,  appoint  some  one  to  jirosecute  on  be- 
Irilf  of  the  city,  who  shall,  during  the  time  he  is  so  acting,  posse.ss  nil  the 
power  vested  in  the  city  attorney.     tM.  C,  sec.  1225.) 


828  RE^■ISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  IS. 

Sec.    1304.     Affidavits   for   city,    by    wlioiii     to     be     made — 

When  au  affidavit  upon  the  part  of  tlie  city  shall  be  required  in  any  cause 
which  has  originated  in  a  police  court,  it  shall  be  made  by  the  city  attorney 
or  assistant  city  attorney,  or  in  case  of  their  inability,  by  any  person  to 
whom  the  facts  are  known.     (M.  C,  sec.  122fi.) 

Sec.  1305.  Appeals— jurisdiction  of. — An  apjieal  .shall  lie  from 
the  judgment  of  a  police  justice  to  the  St.  Louis  Court  of  Criminal  Correc- 
tion in  all  cases  in  like  manner  as  provided  by  law  for  appeals  from  jus- 
tices of  the  peace  in  criminal  cases.     (M.  C,  sec.  1227.) 

Appeals. — At  the  session  of  1907  (Session  Laws  1907.  p.  91).  the  legi.slatur«. 
regulated  the  manner  of  appeal,  and  provided  for  the  giving:  of  bond,  and  for  fines, 
and  the  effect  of  the  appeal  and  failure  on  appeal  to  pay  costs,  it  convicted,  etc. 
See  also  act  of  1873,  p.  3oS.  R.  S.,  1899.  p.  2547  (as  set  out  in  Laws  Spec.  Applicable 
to  St.  Louis,  sec.  137).  Under  the  Charter  appeals  from  police  courts  are  to  be  taken 
"in  like  manner  as  provided  by  law  for  appeals  from  justices  of  the 
peace  in  criminal  case.s  to  their  appellate  courts,"  etc.  Charter,  Art.  IV.,  sec.  25; 
and  see  also  Laws  1907.  p.  91.  In  such  cases  appeals  are  allowed  if  the  defendant 
shall,  "immediately  after  the  judgment  is  rendered  file  an  affidavit  stating,"  etc. 
R.  S.,  1899.  sec.  2782.  The  affidavit  should  be  flled  on  the  same  day  unless  satisfac- 
tory cause  appear;  the  word  "immediately"  ineans  "within  such  convenient  time  as 
is  requisite  for  doing  the  thing":  St.  Louis  vs.  Gunning,  138  Mo.  347.  The  Charter 
gives  right  of  appeal  from  the  police  court  to  the  court  of  criminal  correction  where 
a  trial  denovo  is  had.  as  in  cases  of  appeal  from  justices' courts:  St,  Louis  vs.  Pahl. 
114  Mo.  32  (holding  also  that  an  appeal  from  C.  C.  C.  only  matters  to  which  exception 
was  there  taken  can  be  reviewed).  The  prosecution  in  the  police  court  sufficiently 
resembles  a  criminal  proceeding  to  make  the  natural  channel  for  such  case  to 
go  through  the  criminal  court  and  not  the  circuit  court,  to  reach  its  ultimate  ap- 
pellate destination:  Douglas  vs.  K.  C,  147  Mo.  428,  436.  When  the  record  shows 
nothing  to  the  contrary,  it  will  be  presumed  that  an  appeal  from  an  inferior 
court  was  taken  within  the  time  allowed  by  law:  Kansas  City  vs.  Clark.  SS  Mo. 
588.  The  voluntary  appearance  in  the  appellate  court  does  not  confer  jurisdiction 
if  the  appeal  was  not  taken  in  statutory  time:  St.  Louis  vs.  Gunning,  138  Mo. 
347   (holding  that  tin-  law  in  force  when  the  appeal  is  taken  governs). 

Appeal  from  C.  O.  C.  should  be  to  Supreme  court:  St.  Louis  vs.  Coffee.  70 
Mo.  App.  318;  see  also  St.  Louis  vs.  Pahl,  supra;  see  not^s  to  laws  relating  Court 
Criminal  Correction  in  "Laws  Applicable  to  St.  Louis."  sees.  102-139.  being  au(r 
pages    97   to   139 

Sec.  1306.  Appeals — by  city. — The  city  attorney,  or  person  prose- 
cuting in  his  stead,  may.  with  the  consent  of  the  comptroller,  take  ap])eal  on 
behalf  of  the  city  from  the  judgment  of  a  jtolice  justice,  but  the  next  fore- 
going section  shall  not  be  construed  so  as  to  recjuire  of  the  city  any  bond 
or  affidavit  when  the  city  is  the  j)arty  appellant.     (M.  C,  sec.  122S. ) 

The  city  has  the  right  to  appeal  from  the  police  court:  Charter.  .\rt.  IV., 
sec,  25;  St.  Charles  vs.  Hackman,  133  Mo.  634.  640;  Kirkwood  vs.  Autenreith,  11 
Mo.  App.  515.  But  from  the  Court  of  Criminal  Correction  the  case  must  be  n-- 
viewed  by  the  city  by  writ  of  error  not  appeal,  tliough  the  defendant  might  ap- 
peal: St.  Louis  vs.  Marchal.  99  Mo.  473.  .Vs  to  Court  of  Criminal  Correction,  see 
notes  to  "Laws  Spec.  Appl.  to  St.  Louis",  Chap  5,  Art.  IV..  sees  102-139. 

Sec.  1307.  Executions — wlien  issued,  form  of. — Upon  the  ren- 
dition of  any  judgment  by  a  jiolice  justice  im]iosing  a  fine  or  penalty,  if  the 
defendant  does  not  immediately  jiay  the  same  with  all  the  costs  accruing 
thei-eou.  Ilie  police  justice  shall  forthwith  cause  execution  to  he  issued 
;ig;iiiisi  (lerendant  for  the  amount  of  such  fine  or  (teiialty  and  costs,  in  the 
following  form  as  near  as  may  be:  "The  State  of  Missouri  to  the  marshal 
of  the  City  of  St.  Louis,  greeting:  Whereas,  the  City  of  St.  Louis  hath  ob- 
tained judgment  before  the  undersigned,  a  police  justice  of  the  City  of  St. 

Louis,  against  .  for  the  violation  of  an  ordinance  of  said  city,  for  the 

sum  of dollars,  together  with  all  costs  in  this  behalf:  these  are,  there- 


AUT.  1.1  •         OF  POLICE  UDUUTS  OK  FIRST  AND  .SECOND  DISTUICTS.  829 

fore,  to  comuiaiid  vmi  to  levy  tlie  said  dflii  ainl  ro.si.s  of  tlic  jioods  and  chat- 
tel.s  of  .said  defendant  williin  tlie  Citv  of  Si.  l>ouis.  and  expose  llie  same  for 
sale  agreeably  to  law,  and  for  want  of  sutl'ieient  iiroperly  whereupon  to 
levy  said  debt  and  costs,  yoti  arc  hereby  eonunanded  to  take  the  body  of 
said  defendant  into  your  custody  and  convey  said  defendant  (o  the  Work- 
house of  the  City  of  St.  Louis;  the  keeper  whereof  is  hereby  coninianded 
to  receive  said  defendant,  and  said  d(>fendaiil  safely  keeji  until  Ihe  said 
debt  and  costs  shall  have  been  ])aid  by  said  defenilant's  lalior  aci'ordinj;  to 
the  laws  of  the  State  of  Miss<inri.  and  the  oi-diiiances  of  the  City  of  St. 
r.ouis,  or  until  said  defendant  shall  be  otherwise  discharged  by  due  course 
(d'  law,  and  you  are  also  coiuiuaudcd  to  make  return  of  this  exec\ition  within 
thirty  days  from  the  date  of  Ihe  same,  with  your  return  indorsed  thereon, 
stating  how  you  have  executed  the  same,    iiiven  under  my  hand  and  at  the 

district  police  court  in  the  City  of  St.  Louis,  this  day  of  , 

nineteen  .     -^ — ,  Clerk  of  District  police  court."      ( M.  C,  sec. 

1229.) 

See  next  note. 

Sec.  130S.  Exocntions — liow  onforc<Ml, — irpon  receiving  the  exe- 
cution above  stated,  lin'  marsiial  shall  iiiiuicdiately  lake  the  defendant  into 
custody;  and  if  said  dercndanl  does  not  before  the  sundown  of  tlu;  same  day, 
satisfy  said  execution  cither  by  ]>aying  the  same  in  money,  or  by  discovering 
to  the  marshal  sufficient  goods  or  chattels,  the  ]U-operty  of  said  defendant, 
whereupon  to  levy  said  execution,  for  debt  and  costs,  the  marshal  shall  with- 
out delay  deliver  the  prisoner  to  the  person  appointed  to  convey  jyisoners 
to  the  Workhouse.     iJI.  C,  sec.  1230.) 

For  authorities  that  the  constitutional  guarantL-u  against  Imprisonment 
for  debt  does  not  apply  to  police  court  penalties  (or  violating:  ordinances,  see  note 
to  sec.  1263. 

Defendant  cannot  object  that  execution  was  not  Issued  forthwith,  where  he 
himself  occasions  the  delay;  and  a  strict  compliance  that  execution  Issue  forth- 
with Is  not  essential;  Ex  I'artc  Tliamm.  10  Mo.  App.  .'iS.i.  The  clerk  of  the 
Follof  Court  may  Issue  the  execution  upon  Judgments  In  his  court:  Rx  Parte  Kl- 
burg,  10  Mo.  App.  442.  The  police  Judge  may  stay  an  execution  or  grant  a  re- 
prieve:    Ex  Parte  Burns,  10  Mo.  App.  563;  Ex  Parte  HIgglns.  14  Mo.  App.  601. 

And  Chart.,  Art.  IV.  sec.  16.  confers  on  the  Mayor  authority  to  remit  fines, 
forfeitures  and  penalties  duly  imposed  for  violation  of  any  ordinance;  and  as 
to  the  Mayor's  power  under  ordinances,  see  R.  C,  sec.  1497.  and  note. 

Sec.   1.309.     ApiXNils,  l)y  |)arli('s  coiiiiiiittiMl — i»r«M'«Mlnro. — Any 

defendant  who  shall  h;i\r  been  si-nl  lu  ihc  \\  iirklninsc  li\  :iiilliiirhy  of  the 
preceding  section,  and  wishing  to  apjieal  from  the  judgment  of  the  police 
justice  under  tlie  provisions  of  section  li{(l."i,  shall,  on  ajiplication  made  to 
the  jiolice  justice  of  the  court  in  which  his  case  was  heard,  be  brought  be- 
fore the  satd  Jiolice  court,  at  the  next  sitting  thereof  after  such  ajiplication, 
and  to  this  end  the  jxdii-e  jnstirc  shall  ••aiisc  ;iii  order  to  be  issiiccl  iijioii  the 
suiierinteiidciit  of  the  workhouse  to  deliver  siiid  defi'iidant  to  the  marshal, 
and  the  mai'slwil  shall  jircseiu  saiil  order  to  saiil  suiieriiiiendent.  who  ihere- 
ujion  shall  deliver  the  body  of  said  defendant  to  the  marshal,  who  shall  ju'o- 
duce  the  said  defendant  before  said  [lolice  court  ;U  its  tirst  sitting  there- 
after.    rM.  C.  sec.  1231.) 

.<ec.  131(1.  A|>|)(':ils  — (|<-r<>n(liiiit  may  «I«'|)osil  fiiu'  mimI  co.sts, 
|>4>ii<liii<j:  };ivinj;  Im»ii«I,  wlu'ii. — .\iiy  defendant  wishing  \u  ajijMal  from 
till'  judgmcuf  of  ;i  jiolire  justice,  and  not  iK'ing  reaily  to  enter  into  bonds, 
ni:iy.  before  his  release  from  custmly.  deposit  with  the  marsh.-il  the  amount 
of  line  and  costs  imiioscd.  which  shall  be  rereived  by  the  said  marshtil  a.s 
collateral  security  for  sudi  tine  and  costs  until  an  ;ipiic;il  is  jierfected.  when 


830  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  13. 

it  shall  be  returned  to  the  defendant,  but  if  said  ajuieal  shall  not  be  per- 
fected within  the  time  required  by  law,  the  said  collateral  shall  not  be  re- 
turned to  the  defendant,  but  shall  be  applied  to  satisfy  the  fine  and  costs 
imposed  on  him.     (M.  C,  sec.  1232.) 

Sec.  1311.    Costs — deposit  for  by  ooniplainant — when  required. 

— The  city  attorney,  when  he  is  satisfied  that  a  complaint  or  information 
of  a  violation  of  ordinance  is  made  for  vexation  or  without  just  cause, 
may,  before  commencing  any  proceedings,  require  the  complainant  or  in- 
formant to  deposit  with  the  marshal  double  the  amount  of  costs,  that  will, 
in  his  judgment,  accrue  in  the  suit,  and  the  police  justice  may,  at  any  time, 
after  the  filing  of  a  statement  by  the  city  attorney,  upon  motion  of  the  de- 
fendant, require  the  deposit  of  costs  aforesaid,  but  the  provisions  of  this 
section  shall  not  ai>ply  to  any  report,  complaint  or  information  made  by  any 
officer  of  the  city,  in  the  discharge  of  his  duty.     (M.  C,  sec.  1233.) 

See.    1312.     Contempts— power    of    justice    t<)    punisli.— Each 

police  justice  shall  have  power  to  punish  all  persons  guilty  of  a  contempt 
of  his  court  by  a  fine  of  not  more  than  one  hundred  dollars  or  by  imprison- 
ment in  the  calaboose  of  the  city,  or  the  St.  Louis  city  jail,  for  a  term  not 
to  exceed  twenty-four  hours,  or  by  both  such  fine  and  imprisonment,  and  he 
may  commit  such  person  until  such  fine  be  paid  and  the  judgment  of  the 
court  be  satisfied,  not  exceeding  ten  days;  provided,  however,  that  every 
warrant  of  commitment  shall  set  forth,  specifically,  the  facts  constituting 
the  contempt.     (M.  C,  sec.  1234.) 

St-c.  1313.  Costs— from  city,  how  collected. — The  auditor  shall 
audit  and  allow  all  accounts  for  costs,  which  shall  have  accrued  in  suits 
before  the  police  justices  or  suits  ai)iiealed  from  the  police  court  to  the 
Court  of  Criminal  Correction,  and  for  which  the  city  shall  have  become 
llalilc  by  reason  of  judgment  against  it  by  the  police  justice  or  judge  of  the 
Court  of  (^i-iminal  Correction,  as  the  ca.se  may  be:  provided,  that  such  ac 
counts  duly  certified  as  correct  by  the  clerk  of  the  projier  police  court  or  the 
clerk  of  ilic  Court  of  Criminal  Correction,  as  the  case  may  be;  and  tin- 
auditor  shall  thereupon  draw  his  warrant  Iherefor  upon  the  treasurer,  jviy 
able  out  of  tlie  appro]>riation  for  ex])euscs.     i  .M.  ('.,  sec.  123.").) 

Sec.  1314.  State  laws — when  to  govern. — The  police  justices 
and  marshal  in  all  matters  pertaining  to  the  duties  of  their  respective 
offices,  concerning  which  there  is  no  specific  provision  by  ordinance,  shall 
be  governed  by  the  laws  of  the  State  of  Missouri  regulating  proceedings  in 
justices'  courts  and  the  duties  of  justices  of  the  peace  and  constables,  as  far 
as  the  same  may  be  ajiplicable.     (M.  C,  sec.  1236.) 

See   note    to   sec.    1265.      This   section   authorizes  a    change   of   venue:    see   In    re 
Jones,   90  Mo.  App.   31S,  323. 

Sec.  1315.  Marshal— special  daily  report  by — The  marshal  shall 
make  daily,  for  the  information  and  use  of  the  mayor,  a  special  report  of 
the  i)roceedings  of  each  police  court,  in  which  he  shall  enter  the  names  of 
every  person  fined,  in  the  order  in  which  their  names  appear  on  the  docket 
of  tlie  police  justice,  the  date  of  trial,  the  violation  or  oft'ense  alleged  and 
the  judgment  rendered,  which  report  shall  be  carefully  compai'ed  with  the 
docket  of  the  police-court,  at  the  adjournment  of  the  police  court,  and  when 
so  compai'ed  shall  be  signed  by  said  nmrshal  and  iiiimediatel3"  forwarded 
to  the  mayor.     (M.  C,  sec  1237.) 


AUT.   II.)  OF  POLICE  COURT  SOUTH  OF  ARSENAL  STREET.  (j31 

Sfc.  131(}.     Prisoners — duty  <»f  marshal  ♦•oncorniiiH:. — It  shall  bo 

till'  duty  of  tlif  tuai'.sluil  cacli  day  alter  tlie  se.ssiuii  of  tlic  jiolice  courts  to 
di'livor  eacli  and  cviM-y  prisoiifr  toiivictod  and  .sciileiu'ed  liy  cillior  of  said 
courts  to  tlic  t>tl'icer  d('sijj;natcd  and  appoiiiled  lo  suiicriiitcud  ilic  couvcy- 
anct>  of  .said  ]>rison('i-s  to  tlu'  wovkliouso  or  el.scw  licrc,  in  accordance  with 
(lie  jiid;;m»'nt  of  tlie  court,  tojiotlier  with  the  orijiiiial  execution  or  a  true 
cojiy  of  tlie  same,  aud  said  olficer,  having  in  charj^e  llie  prisoners  as  afore- 
said, shall  deliver  said  prisoners  with  a  true  copy  of  the  execution  against 
each  party  sentenced  and  convicted  to  the  suj)erintendent  of  the  workhouse, 
or  other  jtroper  jierson  designated,  taking  iiis  receipt  for  eacii  and  every 
person  dclivei-ed  to  liini.  wliicii  shall  he  indorsed  upon  the  original  execu- 
tion, and  which  shall  tie  returned  to  the  marshal  at  his  otl'ice.     ( M.  C.  sec. 

Sec.  1317.  Sa  la  rics.  — Each  uC  ihc  iiolicc  jiisiices  siiall  receive  a 
salai'v  of  twenty-liv(»  hundred  dollars  |per  anniini.  and  the  clerks  of  said 
courts  shall  receive  each  a  salary  of  twelve  hundred  dollars  per  annum, 
payable  monthly.     iM.  C  sec.  12:!!).^ 

AKTlCLi;  11. 

OP  POLICE  COURT  SOUTH  OF  ARSENAL  STREET. 

Sec.    1318.     Jurisdiction — appoint  nuMif,  salary  oljustife. — All 

cases  of  misdemeanor  under  the  charter  and  ordinances  of  the  City  of  St. 
Louis,  arising  within  its  jurisdiction,  lying  south  of  the  north  line  of  Ar- 
senal street,  shall  he  tried  before  a  justice  of  the  jieace  of  the  City  of  St. 
l.i'uis.  to  he  designated  by  the  mayor  and  approved  by  the  council.  Also  all 
cases  of  misdemeanor,  arising  anywhere  else  within  the  jurisdiction  of  the 
City  of  St.  Louis,  and  transferred  by  change  of  venue  or  on  motion  of  the 
tirst  and  second  district  police  courts,  to  said  justices  of  the  jieace  as  afore- 
said, shall  likewise  be  tried  before  said  justice  of  the  peace.  The  said  just- 
ice shall  receive  as  full  conipen.sation  feu-  his  services  the  sum  of  seventy-five 
dollars  jier  month  out  of  the  city  treasury.     (M.  C.  sec.  1240.) 

Under  Charter.  Art.  IV.  sec.  27.  the  Municipal  Assembly  may  Increase 
the  number  of  Justices  and  districts.  See  as  to  Police  Court  South  of  Arsenal 
street.  In  r.'  Jcni.s.  90  Mo.   .\pp.   31SI. 

Sec.  KU!).  ("l«>rk — appointment  of — bond — salary. — Thi' mayor 
shall  appoint  a  clerk  who  shall  |ierform  all  the  duties  required  under  the 
rliarter  and  ordinances  of  ihe  city  to  be  performed  by  the  clerks  of  the 
police  courts,  so  far  as  the  same  may  be  applicable,  and  the  clerk  shall  give 
bond  to  the  City  of  St.  Louis  to  be  ajijiroved  by  the  mayor,  in  the  sum  of 
one  thousand  dollars,  with  two  good  and  .sulTicieni  sureties,  owners  of  unin- 
cumbered real  estate,  conditioned  for  the  faithful  jierformance  of  his  duties. 
lie  shall  receive  a  salary  of  .seventy-live  dnllars  per  month,  jiayable  out  of 
the  city  treasury.     (M.  ('..  sec.  r_'-ll.i 

.S.-.-.  i;!2i>.  Attorney —appoint nu'nt  of — salary. — The  mayor  shall 
apjioint  an  allorni'.x.  «liii  >liall  lia\e  the  same  pnweis  and  pos.sess  the  same 
c|ualiii(alions  as  Ihe  city  attorney,  to  jirosecute.  on  liehaK  of  the  city,  all 
cases  iK'fore  said  justice,  and  all  appeals  from  said  court  to  any  court  liav- 
ing  ap[>ellate  jurisdiction  of  the  same.  He  shall  receive  a  salary  of  seventy- 
five  dollars  |>er  month.  j>ayable  out  of  the  city  treasury.      (M.  C.  sec.  1242.) 


832  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  13. 

Sec.  1321.  Marshal— 1»)  execute  writ. — The  city  uuu-.shal  shall 
execute  all  writs  and  ])i-(ir('sscs  of  said  court.      (M.  O.,  see.  1243.) 

vSec.  1322.  Court — where  held. — The  place  of  holding'  said  court 
shall  be  at  the  tirst  district  police  station,  or  at  such  other  places  as  shall 
be  designated  by  the  mayor.     (M.  C,  sec.  1244.) 

See.  1323.  Practice  and  proceedings — changes  of  venue — 
appeals, etc.  —The  time  oi  holding  court  and  the  i)ractiee  and  iiroceed- 
ings  before  said  justice,  shall  be  the  same  as  that  governing  the  police 
courts  of  the  city.  Changes  of  venue  shall  be  had  and  allowed  to  and  from 
said  justices  of  the  peace,  to  or  from  the  First  or  Second  District  Police 
("ourts  of  the  city,  as  the  case  may  be,  in  like  manner  and  form  as  is  now 
jirovided  for  by  law  from  changes  of  venue  between  said  First  and  Second 
I)istrict  Police  Courts.  Said  justice  of  the  peace  may  also,  on  his  own 
motion,  transfer  any  cause  i)en(ling  before  liini  to  either  the  First  or  Sec- 
ond District  Police  Courts,  and  sliall  have  power  and  jurisdiction  in  all 
cases  which  may  likewise  be  transferred  to  him  by  the  police  justice  of 
either  said  First  or  Second  District  Police  Courts.  Appeals  from  all  judg- 
ments rendei-ed  by  said  justice  may  be  had  to  the  court  in  like  manner  and 
form  and  according  to  the  same  practice  which  is  now  provided  by  law  for 
appeals  from  judgments  of  the  First  and  Second  District  Police  Courts.  In 
all  other  respects  the  procedure,  practice,  rules  and  regulations  govei'uing 
the  practice  in  cases  liefore  the  Fii'st  or  Second  District  Police  Courts  shall 
likewise  be  had  and  observed  in  the  trial  and  procedure  in  cases  before 
said  justice.      (Ord.  212JI2.  amending  ^I.  C,  sec.  124-5.) 

See  In  re  Jones,  90  Mo.   -Vpp.  31 S. 


ARTICLE  III. 

OF  JUSTICES  OF  THE   PEACE.' 

.  •Justices  of  the  Peace  and  Constables  are  governed  by  the  State  statutes:    See 

R.  S.  1S99,  sees.  6508-6536,  set  out,  with  notes,  herein  under  "Laws  Specially  Ap- 
plicable to  St.  Louis."  Chap.  5.  Art.  6,  (sees.  173-202,  pages  114-117),  which  should 
be  consulted  in  connection  with  these  ordinances. 

Sec.  1324.  Suitable  office  to  l)e  provided — It  shall  be  the  duty 
of  the  mayor,  comptroller  and  city  counselor  to  locate  and  provide  suitable 
offices  and  rooms  for  the  several  justices  of  the  peace,  their  clerks  and  con- 
stables, in  the  City  of  St.  Louis.      (M.  C,  sec.  12.50.) 

S  c.   1825.     Form,   etc.,   of  records,   etc.,    to  be   prescribed. 

■ — It  shall  be  the  duty  of  the  city  c(mnselor  to  prescribe  the  form,  size  and 
style  of  all  books  of  record,  dockets  and  blanks  required  to  be  kept  by  the 
several  justices  of  the  peace,  their  clerks  and  constables,      (M.  C,  sec,  1251,) 

Sec.  1326.  Requisitions  for  supplies. — All  requisitions  for  supplies 
of  whatever  kind,  whelher  re(]uired  by  a  justice  of  the  peace,  clerk  or  con- 
stable, shall  be  subiuilted  to  the  comptroller  for  his  ai>i)roval  before  either 
the  commissionei-  of  supplies  or  register  shall  be  authorized  to  ]>urchase 
the  same;  provided,  however,  that  if  said  sup])lies  are  in  tJie  nature  of  ])rint- 
ing  and  binding,  the  same  shall  be  submitted  to  the  city  counselor  for  his  in- 
s])ection,  in  order  that  he  may  determine  as  to  the  correctness  of  form,  size 
anil  style.      (M.  ('..  sec.  1252.)"^ 


AHT.    IV  1  OF  MARSHAL..  833 

Sec.  1327.     Iiis|M'<'tu>n    <»f  books  of   ju.stici's,  and  (-(niMtablcs. 

--TI10  coniiilrnlliM-  shall,  oiict'  cafli  iiidiiiIi.  tluii'((ii;;lily  in.spcct  and  examine 
tlic  Ixxiks  of  aci'onnis  nl'  tlii'  several  just  lees  v(  the  (leace,  elerks  and  eiin- 
slai)les  (>r  the  ("it.v  of  St.  I.ouis.  and  \-ei'il'_v  tlie  same:  atid  lie  shall  jireserihe 
tile  I'Drm  iil'  all  fiscal  statement.s  reiiiiired  tt)  i)e  rendered  l)\  tlieiii  tindei'  the 
law.      I  .M.  C.  see.    1253.) 

Ser.     i:iL's.     Ollic*-     cxpeusos     to     l>«-    i>ai«l.   -The  e(ini|(trollei-  is 
iierehy  aulhori/.ed  tt)  |iay  all  e.vjxMises  neees.sarily  inrnrred  by   the  justices 
of  the  peace  and  constables  in  connection  with  their  ol'lices  from  the  time 
they  qualitied  under  the  present  law.  provided  lie  is  satisfied  that  such  ex 
penses  were  necessary  and  the  amount  lliei'eof  reasonaI)le.  f  M.  C.,  .sec.  12."'>4.) 


AIM'ICI.I;    l\'. 

OF  ilAlJSlIAL. 

See.  1329.  Marslial — i»o\v<'r  and  authority. —  The  marshal  shall 
have  and  e.xerci.se  all  the  power  and  authority  which  by  law  ••ind  urdinance 
\\cre  heretofoi'e  vested  ill  the  marshals  of  St.  l.,ouis  county  and  the  <'ily 
of  St,  l,ouis  at  the  time  of  the  separation  of  St,  Louis  county  from  the  City 
of  .<!,  Louis,  so  far  as  the  same  does  not  coiitlict  with  the  laws  of  the  State 
and  the  charter  of  the  t'ity  of  St.  Louis,  and  he  shall  be  subject  to  all  the 
duties  and  ol)li<;ations  heretofore  imposed  upon  the  marshals  t>{  said  cf)unty 
and  citv  bv  law  and  ordinance,      (M,  C.  see.  12."i."),) 


Sec.  1330,  Hond.  The  marshal  shall,  within  ten  days  after  he  shall 
ha\e  received  his  curnmission,  f;ive  a  bond  to  the  City  of  St,  I^ouis,  in  the 
sum  of  fen  thousand  dollars,  si-^iied  by  two  or  more  securities,  who  shall 
Ik'  owners  of  uniiirumbere<i  real  estate  in  the  City  of  St.  l^ouis,  conditioned 
for  the  faithful  ]ierf(uniance  of  his  duties.  Said  bond  shall  be  approved  by 
the  mayor  and  the  council,      i  >L  C,,  sec,  125(j,) 

."<ec,  i:!:!l.  Dutios  of  niarsIiaL  The  maislial  shall  execute  ^iiiil  re 
turn  all  jirocesses  and  orders  of  the  mayor,  law  de|iartment,  health  depart 
nieiir,  police  justices  or  justices  of  lh(>  peace,  under  any  law  or  ordinance; 
he  shall  keeji  a  detailed  .-iccounl  of  the  recei]ils  of  all  money  collected  by 
or  in  his  oftice,  and  of  all  deliiKpiencies,  and  shall  report  all  receipts  ami 
delini|Ueuts  inonthly,  to  the  conii>troller ;  except  in  cases  of  jiolice  courts 
he  shall  make  daily  statements  and  returns  at  two  p.  ui.  of  all  lines  imjiospd 
tines  collected,  lines  riMiiilled.  also  all  costs  jiaid  in  each  case  to  the  comp 
troller,  and  at  the  same  time  pay  all  fees  received  by  him  into  the  treasui-y. 
takin";  receipt  of  the  ti-easurer  therefor  in  triplicate,  one  of  which  he  shall 
nil'  with  the  com|>i roller,  and  one  with  the  amlilor.      i  M.  (",,  sec,  1257.) 

Outlos:     Soc  Scheme,  sees.  18.  6:  Charter,  .Art.  IV.  si'c.  .11. 

Sec,  l.i.VJ,  >lar>lial  (l<|nili<">  to  Ix-  M|>|M»int<'d  l).\.  -The 
marshal  shall,  with  (he  ap|>ro\al  of  the  ma\or,  appoint  one  chief  <lepuly, 
one  deputy  of  the  tirsi  class  and  two  deputies  of  the  second  class  and  such 
other  dei'Uties  of  the  third  class  as  he  may  reiiuire,  and  such  other  assist- 
ants as  he  luav  from  time  to  time  find  necessary.       Such  deputies  shall  have 


834  REVISED    CODE    OR    GENERAL    ORDINANCES.  [CHAP.   13. 

;iud  exeri-isf  the  power  and  aiirli()iit.\  wiiicli  liv  law  and  ordinance  were 
lierelofore  vested  in  the  deputy  marshals  ol'  St.  Ltmis  county  and  the  <"ity 
of  St.  Louis  at  the  time  of  the  separation  of  St.  Louis  county  from  the  *'ity 
of  St.  Louis,  not  in  conflict  with  tlie  laws  of  the  State  of  Missouri  and  the 
provisions  of  Scheme  and  Charter,  and  shall  hold  their  respective  positions 
during  <>ood  behavior,  hut  may  he  removed  for  cause  by  the  mayor  and  by 
the  marshal  at  his  jdeasure.      i  M.  ("..  sec.  1258.) 

Sec.  i;:!;:!:3.  Salaries. — The  salary  of  the  marshal  shall  be  four  thou- 
sand dollars  per  annum,  the  salary  of  the  chief  deputy  shall  be  sixteen 
hundred  dollars  per  annum  and  of  the  deputy  of  the  first  class  fourteen 
hundred  dollars  per  annum.  The  salary  of  each  of  the  deputies  of  the 
second  class  shall  be  twelve  hundred  dollars  per  annum,  and  the  salary  of 
each  of  the  deputies  of  the  third  class  shall  be  at  the  rate  of  nine  hundred 
dollars  per  annum,  all  payable  monthly,  and  he  shall  pay  to  such  other 
assistants  as  he  may  require  from  time  to  time  such  daily  compensation  as 
may  be  just,  to  be  apjiroved  by  the  mayor.      (M.  C,  sec.  1259.) 

ARTICLE  Y. 

OF   JURY   COMMISSIONER. 

Sec.  1334  Jury  coniinissioner — salary  of — office — ^vhe^e 
located,  etc. — The  jury  commissioner  of  the  (_'ity  of  St.  Louis,  appointed 
in  j)ursuance  of  an  act  of  the  general  assembly  of  the  State  of  Missouri  en- 
titled "An  act  to  provide  a  jury  system  in  cities  having  over  one  hundred 
thou.sand  inhabitants,"  apju-oved  April  eleventh,  eighteen  hundred  seventy- 
nine,  shall  receive  from  the  city  treasury  out  of  any  money  ajijirojiriated 
therefor  by  the  municipal  as.semlily,  a  salar\-  of  twenty-five  hiiiidreil  dol- 
lars ]ier  annum,  ])ayable  in  e(iual  monthly  installments,  at  the  end  of  each 
month;  and  he  shall  occupy  a  room  in  the  cotirt  hou.se  to  be  designated 
by  the  mayor,  and  upon  his  requisition,  approved  by  the  mayor  and  comjt- 
troller,  shall  be  furnished  with  the  necessary  fuel,  stationery,  books  and 
furniture  for  the  proper  discharge  of  his  duties  under  said  act:  and  the 
deiiuties  apjiointed  by  said  jury  commissioner  in  the  manner  pi-escribed  in 
said  act,  shall  draw  their  salaries  not  in  excess  of  the  ajijiroiiriation  made 
for  that  ])ur]iose,  for  the  periods  during  which  they  are  employed  in  monthly 
installments  out  of  any  moneys  so  a](])ropriated.  ui)on  pay-rolls,  which  shall 
be  certified  by  the  jury  commissioner  and  approved  Ijy  the  mayor;  pro- 
vided, that  the  jury  commissiouer  shall  devote  his  entire  time  in  the  dis- 
charge of  the  duties  of  his  office,  and  shall  not  employ  any  dejiuties  or  as- 
sistants or  incur  any  liability  whatever,  not  ]irovided  foi'  bv  apjiropriatioii- 
(^L  C,  sec.  ll'fiO.  I 

As  to  jury  commissioner,  see  State  statute  R.  S.  1S99.  .sees.  6539  et  seq. 
set  out  herein  under  "Laws  Specially  Applicable  to  St.  Louis"  (Chap.  5,  Art.  V), 
sees.  140  and  following,  being  anU.  page  lOG  el  seg.  The  jury  commissioner  of 
St.  Louis  is  neither  a  county,  township  nor  city  officer  within  the  meaning  of  the 
Constitution,  and  a  statute  authorizing  his  appointment  for  a  period  exceeding 
four  years,  under  certain  circumstances,  would  not  be  unconstitutional:  See 
state  ex  rel.  vs.  Corcoran   (decided  Sup  Ct..  July  2.  1907.  but  not  as  yet  reported). 

ARTICLE  VI 

OF    COM1'EXS.\T10N    OK    JI'RORS. 

Sec.  i;;."!.".  Jurors — pay  of. — Each  grand  and  jietil  juror  on  the 
regular  jiaiK^l  of  the  Circuit  Court  and  the  Criminal  ('oiirt  nl'  the  city,  shall 


ARTS.   VII.    VIII.   I.)  OF  THR  CITY   ATTORNICV.  g35 

receive  one  <ltill,ir  lifly  ceiits  jiei-  day  for  every  day  lie  shall  actually  serve 
as  such,  without  mileage,  to  he  paid  out  of  the  citv  treasury.  ^M.  C,  sec. 
iL'iM.i 

As  to  pay  of  petit  Jurors,  see  R.  S.  1899,  sec.  6562  (set  out  under  "Laws 
SpeciaMy  Applicable  to  St.  Louis"  heroin,  sec,  163);  Scheme,  sec.  31;  In  police  court, 
see  R.  C,  see.  1297.  As  to  Rranil  jurors,  see  Scheme,  sec.  28;  R,  S.  1899,  sec.  6569- 
6570  (set  out  "Laws  Specially  Applicable,"  etc.,  supra,  sec.  170-171.  All  Jury  fee* 
must   be  collectcil   within  a  year:     R.   C,   sec.   2'112. 

ARTICLE  VII. 

* 

OF  THK    PRORATR   COURT.*  * 

•There  arc  now  no  ortUnances  In  force  on  this  subject.  The  provisions  of 
the  Municipal  Code  relating  thereto  (sees.  1246  to  1249,  Inclusive,  which  were  ord. 
1966S),  were  founded  upon  Rev.  St.  1S99,  sec.  1764  and  especially  R.  S.  1S99,  sees. 
6244-6246,  Inclusive  (passed  In  1S97);  but  In  Henderson  vs.  Koenig,  168  Mo.  356. 
the  Supreme  Court,  in  banc,  declared  the  statute  void  (and  necessarily  with  It 
sees.  6244-6246.  supra,  and  all  the  ordinances  based  thereon),  and  In  1905  the 
statutory  provision,  sec.  1764,  was  In  efCect  repealed  by  Session  Laws  1905,  p.  155, 
leaving  the  whole  matter  to  be  governed  by  the  state  statutes.  See  also  the  sec- 
ond appeal  of  said  case.  Henderson  vs.  Koenig,  192  Mo.  690,  also  decided  by  the 
court  in  banc.  Hence  the  ordinance  provisions  are  void  and  at  all  events  super- 
seded by  subsequent  legislation.  The  ordinances  were  expressly  repealed  after 
submission  of  the  Revised  Code  to  the  Municipal  Assembly,  In  ord.  22572,  ap- 
proved Oct.  2,  1906, 

.UiTICLK    VIII. 
OF  THE  JUVENILE  COURT.** 

••See  .\ppendlx  (Ch.  13.  Art.  VIII,  ord,  22549,  approved  July  12,  1906,  too  late 
lor  incorporation  in  the  Revised  Code).  As  to  the  act  creating  and  concerning  the 
Juvenile  Court  see  "Laws  Specially  Applicable  to  St.  Louis,"  Chapter  5,  Art.  7.  p. 
118  et  seq. 


CHAPTER  14. 

l..V\V    DEl'ARTMEST. 

.\RT  I.  Of  city  attorney. 

II.   Of  city  counselor. 

ARTTfLK  T. 

OF  THE  CITY   ATTOU.VEV. 

See.  1336.  City  iitl<)rney — qualifications.— No  persuu  shall  here- 
after he  (|iialitied  to  till  the  ol'lice  of  <ity  altoruey,  who  has  not  been  a 
lireii.sed  an<i  practiciii;,'  attorney  lor  at  least  two  years  prior  to  his  a])|ioiut- 
iiient.  and  who  shall  not  have  heen  for  two  years  iie.\t  preceding  his  ajipoint- 
meiil,  a  resident  of  this  city.     i.M.  (",.  sec.  llilil'. ) 

Sec.  1337.  Assistant  city  attorney.— The  office  of  assistant  city 
attorney  is  lierehy  created,  which  saiil  oflicer  shall  aid  generally  in  the  jier- 
forinance  of  the  same  duties  as  are  hv  law  enjoined  upon  the  citv  attorney. 

(  M.  <'.,  SIM-.  iL't;:?, ) 

Sec.  \:\:is.  Same— appointiiMMit  of.  The  assistant  city  attorney 
sh;ill  he  appointed  by  the  mayor  and  conliiined  by  the  crmncil.  and  shall 
hold  his  office  during  the  same  term  as  the  city  attorney,     (  M.  C,  sec.  12(14. t 


836  REVISED  CODE  OR  GENERAL  ORDINANCES.  (CHAP.    14. 

Sec.  VS.iil    Same — city    att<u*ney    and   assistant — dnties   of. — 

It  shall  1k'  the  duty  of  the  city  attorney  aud  assistant  city  attorney :  First, 
to  i)rei)are  all  charges  and  to  prosecute  and  to  defend  Ijetore  the  police 
justice  or  justice  of  the  ])eace,  St.  Louis  Ciiniinal  Court  ov  St.  Louis  Court 
of  Criminal  Correction,  all  actions  on  behalf  of  the  city,  or  emanating  from 
the  board  of  police  commissioners  or  the  health  dei)artnient,  and  defend  be- 
fore said  courts  all  actions  against  any  officer,  or  servant,  or  agent  of  the 
city,  or  of  said  health  department,  or  said  board  of  police  commissioners,  on 
account  of  his  official  acts,  and  to  attend  in  appellate  courts  to  all  appeals 
or  writs  of  error,  in  any  case  originating  as  aforesaid;  second,  to  keep  an 
office  in  the  first  district  court  building,  and,  also,  keep  an  office  in  the 
second  district  court  building,  and  at  no  other  place  or  places;  third,  to 
prepare  all  charges,  and  to  pro.secute  or  defend  in  any  court  of  record,  any 
suit  or  action  originating  there,  and  when  required  by  the  mayor;  fourth, 
to  take  an  ajipeal  or  writ  of  error  on  behalf  of  the  city,  with  the  consent 
and  ajiproval  of  the  comi)ti-oller,  and  make  the  necessai-y  affidavits  therefoi', 
and  jirepare  the  necessary  bond  in  the  name  of  the  city;  fifth,  to  advise  the 
municijial  assend)ly  or  its  committees,  or  any  city  officer,  as  the  city  coun- 
selor is  reijuired  to  do;  sixth,  to  furnish  the  board  of  ])olice  commissioners 
and  the  board  of  health  willi  the  legal  advice  and  service  re(|uired  l)y  them. 
(  M.  C  sec.  12().j.  I 

City  attorney  can  only  act  when  the  law  confers  the  authority  to  do  so, 
and  tlien  only  when  lie  pursues  the  moile  therein  prescribeii:  St.  Joseph  vs. 
Harris,   59  Mo.   App.   122. 

Sec.  1340.  City  attorney — reports  by. — The  city  attorney  shall 
report  to  the  coiu])troller  all  suits  and  judgments  in  favor  of  or  against  the 
city  in  any  court  of  record,  which  it  is  the  duty  of  the  city  attorney  to  pros- 
ecute or  defend,  and  he  shall  make  alsti  (jnarterly  rejiorts  to  the  comjitroller 
of  all  unsatistied  judgments,  their  date,  and  amount  recovered,  in  favor  of 
the  citv  before  the  police  justice  or  anv  justice  of  the  peace.  (M.  C..  sec. 
12GG.)  ' 

Sec.  1341.  Salaries. — The  said  city  attorney  shall  receive  a  salary 
of  twenty -five  hundred  dollars  per  annum,  payable  monthly,  out  of  the  city 
treasury,  in  full  comiiensatiou  for  his  services.  The  said  assistant  city  at- 
torney shall  receive  a  salary  of  fifteen  hundred  dollars  per  annum,  upon 
the  same  conditions  and  jiayable  in  the  same  manner  as  said  city  attorney. 
(M.  C„  sec.  12G7.) 

The  city  attorney  is  entitled  to  the  compensation  fixed  by  ordinance,  and 
no  other,  nor  can  the  Mayor  appoint  an  attorney  so  as  to  make  the  city  liable. 
in  the  absence  of  authority  conferred  on  him:     Carroll  vs.  St.  Louis,  12  Mo.  444. 

Sec.  1342.  Bonds  of  attorney  and  assistant. — The  city  attorney 
shall  give  bond  to  the  city  to  be  appi-oved  by  the  mayor  and  council,  in  tlu; 
sum  of  ten  thousand  dollars,  with  two  good  aud  lawful  securities,  con 
ditioned  for  the  faithful  performance  of  his  duties,  and  that  he  shall  jiay 
over  to  the  city  treasurer,  or  any  other  }iersoii  or  jtersons  entitled  thereto, 
any  money  that  may  <>ome  into  his  hamls,  and  the  assistant  city  attorney 
shall  give  a  similar  bond  in  the  sum  of  five  Ihousaiid  dollars.  (M.  C..  sec. 
1268.) 

Sec.   1343.      Associate     city     attorney — duties — control    of. — 

The  office  of  asscniate  city  attorney  is  hereby  created.  The  associate  city 
attorn<'y  shall  ju'rlorm  the  same  functions  and  duties  as  the  city  attorney 
and  be  subject  to  the  control  and  direction  of  the  said  city  attorney.  (Ord. 
21651.   sec'  1.) 

Ord.  21C51.  sec.  r..   repeals  Mun.  Code.  sees.   1269.  1270.   1271. 


AKT.    II.]  OK    T1II-:    CITY    COUNSELOR.  837 

Sfc.  1344.  Sanio — appoint  lueiit — term.— TIp'  associate  city 
attorney  sliall  Ih'  aiiimiiitfd  U\  ilic  iiia.vor  and  rDiitirnicd  l)y  the  cilv  (•oiiii- 
I'il.  and  sliall  hold  his  ol'lirc  uiiiil  llic  cxpiraliuii  of  the  terui  for  which  the 
city  attorhey  is  then  apiMiinicMJ.     i  Ih.,  sec.  2.) 

Sec.  VMTt.  Salary  of  asso<'late  city  attorney. — Tin-  associate  city 
attorney  shall  receive  a  salary  ol'  til'ieeii  Inindrcd  dollars  \>i-v  annniii.  payable 
moll  I  lily.     I  lb.,  sec.  ."{. ) 

Sec.  134(;.  Itoiul.  The  associate  city  attorney  shall  f^ive  bond  to  the 
City  of  St.  l^onis  lor  ilic  faithful  discharge  of  his  duties,  in  the  sum  of  live 
thousand  ddllars.  with  at  least  two  j^ood  and  siiflicicnt  sureties,  owners  of 
uiiiiirniiiliered  real  estatt'  in  the  ("ily  of  St.  IaiuIs,  to  be  apjiroved  by  the 
nia\or  and  council.     I /6.,  sec.  4.) 

Sec.  1347.     City  attorney  or  assistant  niay  ap])oint  suhstitnte, 

wlien — sliall    not    appear     aj^ainst     eity The     city    attorney    may, 

in  la.-ic  of  iciniiiirar_\  ai).--cii(c  from  Ilie  cily.  siikiiess,  or  inability  to  attend 
any  court,  al  hiis  t)Wii  expense,  with  the  ajiprobation  of  the  mayor,  ajipoint 
some  person  to  act  in  his  stead  for  the  occasion,  in  city  cases,  and  when 
either,  before  assuminjj  liis  office,  shall  have  been  retained  as  counsel  ad- 
versely to  tlie  city  in  any  case  to  which  it  is  his.duty  to  attend  on  behalf 
of  the  city,  he  shall  inforin  the  mayor  thereof,  who  may  appoint  another 
|iei'S(in  to  represent  the  city  in  sucli  case.  The  city  attorney  shall  not  appear 
aj;ainst  the  city  in  any  suit  or  ca.se  in  court  to  which  said  city  is  a  party, 
nor  shall  be  voluntarily  interested,  either  directly  or  indirectly,  in  aiiy  case 
nr  suit  a};ainsi  the  said  lity.  The  jirovisious  of  this  section  shall  also  ap- 
ply to  the  assistant  cily  attorney.     (M.  C,  sec.  1272.) 

'   ART1CLI-:  II. 

UF    TlIK    CITY    C0VN.SI:L0U.* 

•Charter  provisions  as  to  rights,  duties,  etc.,  see  Art.  IV.  sot.  33.  in  general; 
also  Sfi'  .\rt.  VI.  sees.  2.  3  (as  to  condemnation  proieedhiBS) ;  acts  as  land  com- 
missioner: Art.  XVI,  sec.  4:  advise  Police  Board:  Art.  XVI,  sec.  15;  annual  re- 
port. Art.  IV.  sec.  47;  appointment  and  term:  Art.  IV.  sees.  2,  9.  Spoal<lng  of 
city  attorney  and  counselor,  the  court  in  an  old  case  said:  "We  are  of  opin- 
ion that  the  ordinance  which  prescribes  the  duties  of  these  ofTirers.  designed  to 
secure  the  services  of  one  or  the  other  of  them  In  every  case  where  legal  services 
were  supposed  to  be  necessary:"  Carroll  vs.  St.  Louis,  12  Mo.  I.  c.  446.  Like  any 
other  oiricer.  a  city  counselor  has  no  vested  interest  in  the  olTice.  and  It  may 
be   abrogated   by   the  assembly:      Prlinm   vs.   Carondelet.    23   Mo.    22. 

The  article  concerning  the  city  counselor's  office  was  amended  In  many  re- 
spects by  ordinance  No.  23038.  approved  April  1.  1907  (which  was  after  the  ap- 
proval of  the  Uevlsed  Code,  and  hence  could  not  be  Included  therein).  That  ordi- 
nance amended  sections  of  the  Municipal  Code  (corresponding  to  the  sections 
of  the  Revised  Code  as  Indicated  below),  to-wit: 

M.  C  sec.  1277  (Rev.  C,  sec.  1352);  M.  C.  sec.  1280  (R.  C,  sec.  ISB.";):  M.  C. 
sec.  1282  (R.  C.  sec.  1367);  M.  C,  sec.  1285  (R.  C.  sec.  1360):  M.  C.  1286  (R.  C. 
sec.  1361);  M.  C.  1290  (R.  C.  sec.  1365):  M.  C.  1291  (R.  C.  sec.  1366);  M.  C.  1292 
(R.  C.  sec.  1367);  M.  C,  sec  1296  (R.  C.  sec.  1371);  M.  C.  sec.  1297  (R.  C.  sec 
1372).     The  new  ordinance  provides  as  follows: 

Section  Twelve  Hundred  and  Kighty-two  ( R.  C..  sec.  1357):  In  addition  to 
the  quallMrations  prescribed  by  Section  Ten  of  Article  l-'our  of  the  Chart,  r.  the 
Associate  City  Counselor  shall  have  been  licensed  to  practice  law  In  the  courts 
of  this  State  at  least  eight  years  previous  to  his  appointment;  the  Second  Associ- 
ato  City  Counselor  shall  have  been  licensed  to  practice  law  in  the  courts  of  this 
State  at  least  six  years  previous  to  his  appointment:  antl  the  Assistant  City  Coun- 


S38  REVISED    CODE    OR    GENERAL    ORDINANCES.  [CHAP.   14. 

selor  shall  have  been  licensed  to  practice  law  in  the  courts  of  this  State  at  least 
five  years  previous  to  his  appointment.  Section  Twelve  Hundred  and  Eighty-flve 
(R.  C.  sec.  1360):  The  City  Counselor  shall,  with  the  approval  of  the  Mayor, 
appoint  a  Chief  Clerk,  four  Clerks  and  two  Stenographers,  who  shall  hold  their 
respective  offices  at  the  pleasure  of  the  City  Counselor.  Section  Twelve  Hun- 
dred and  Eighty-six  (R.  C,  sec.  1361):  In  addition  to  the  qualifications  pre- 
scribed by  Section  Ten  of  Article  Four  of  the  Charter,  the  Clerks  and  the  Sten- 
ographers shall  be  qualified  voters  of  the  City.  Section  Twelve  Hundred  and 
Ninety  (R.  C,  sec.  1365):  The  Assistant  City  Counselor  shall  receive  a  salary  of 
Twenty-five  Hundred  Dollars  per  annum,  payable  monthly.  Section  Twelve  Hun- 
dred and  Ninety-one  (R.  C,  sec.  1366):  The  Chief  Clerk  shall  receive  a  salary  of 
One  Hundred  and  Fifty  Dollars  per  month;  each  of  the  clerks  shall  receive  a 
salary  of  One  Hundred  Dollars  per  month  and  Twenty-five  Dollars  per  month  for 
expenses  in  tlie  discharge  of  duties  that  may  be  assigned  to  him.  and  said  salary 
and  said  expense  money  shall  be  paid  monthly.  Section  Twelve  Hundred  and 
Ninety-two  (R  C.  sec.  136T):  Each  of  the  Stenographers  shall  receive  a  salary 
of  One  Hundred  Dollars  per  month,  payable  monthly.  Section  Twelve  Hundred 
and  Ninety-six:  It  shall  be  the  duty  of  the  Chief  Clerk  and  of  the  Clerks  to 
keep  a  record  of  all  cases  pending  in  any  of  the  courts,  showing  the  proceedings 
therein,  both  in  court  and  before  commissioners,  write  the  reports  in  condemna-- 
tion  and  change  of  grade  proceedings,  prepare  the  final  Judgments  therein,  make 
investigation  of  facts  and  collect  evidence  in  cases  in  which  the  city  is  a  party, 
make  preparation  thereof  for  trial,  keep  suitable  indexes,  prepare  the  oaths  of 
commissioners  in  street  opening  proceedings,  keep  a  record  of  the  attendance  of 
such  commissioners,  read  proof  on  printed  briefs,  advertisements  of  benefit  dis- 
tricts in  street  opening  proceedings  and  other  necessary  printed  matter,  answer 
inquiries  of  members  of  the  Municipal  Assembly  and  of  other  interested  parties 
respecting  the  progress  of  street  openings,  procure  the  investigation  of  titles  and 
the  preparation  of  suitable  plats  and  blue  prints  in  street  opening  proceedings, 
keep  a  ledger  of  moneys  appropriated  for  the  department  and  vouchered  out,  and 
any  other  necessary  accounts,  prepare  daily  lists  of  the  court  entries  applicable 
to  any  pending  litigation  in  which  the  City  of  St.  Louis  or  any  of  its  officials  is 
interested,  make  lists  of  assignments  and  settings  of  cases,  make  preliminary 
examinations  of  all  bonds  and  contracts  which  are  to  be  submitted  to  the  de- 
partment, attend  to  telephone,  run  errands,  assist  in  the  investigation  of  any 
question  of  law  or  of  fact  submitted  to  the  department,  assist  in  the  preparation 
of  briefs,  motions,  pleadings,  bills  of  exceptions,  and  other  legal  papers  and  docu- 
ments, and  perform  all  such  other  duties  as  may  be  assigned  to  them  by  the 
City  Counselor.  Section  Twelve  Hundred  and  Ninety-seven:  The  Stenographers 
shall  perform  all  services  usually  incident  to  such  positions,  and  shall  also  per- 
form  such   other   duties  as   may    be   required    by    the   City   Counselor. 

Approved  April  1st,  1907. 

By  ordinance  23150   (enacted  after  Revised  Code)   the  office  of  Second  Assistant 
City  Counselor  was  created;  see  appendi.x  for  same. 

Sec   1348.     Law  department  created — There  is  Leiebj-  created  a 

law  depai-tinent  of  the  City  of  St.  Louis.     (  M.  C,  sec.  1273.) 

Sec.  1349.  Qualifications  of  city  coun.selor. — In  additioii  to  the 
qualifications  prescribed  by  section  ten  of  article  four  of  the  charter,  the 
city  counselor  sliall  have  been  a  practicing  hnvyer  for  ten  years,  and  li- 
censed to  practice  law  in  the  courts  of  this  state  at  least  seven  years  pre- 
vious to  his  appointment.     |M.  C.  sec.  1274.) 

Sec.  1350.  Bond  of  city  counselor. — The  city  counselor  sliiill  give 
bond  for  the  f:iithful  discharge  of  his  duties  in  the  sum  of  ten  thousand 
dollars  with  at  least  .two  good  and  sufficient  sureties,  owners  of  uniiiciiiii- 
bered  real  estate  in  the  City  of  St.  Louis,  to  be  ajijiroved  by  tli.e  m;iyor  and 
council.     (JL  C.  sec.  1275.) 

Sei".  13.51.     OfHce   of  associate   city    counselor    created — The 

office  of  associate  city  coun.selor  is  hereby  created,  to  begin  from  and  after 
the  third  Tuesday  of  .Via-il.  eighteen  hundred  and  uinelylivi'.    Tiie  associ- 


ART.    II.)  OF   THE    CITY    COUNSKLOR.  ,S39 

;lt('  rilv  (•(iiiiisclor  sli;ill  Ik-  aiipoiiiliMl  li\    (lie  inawir  am)  rdiilii-iiii'd  Uv  a   ma 
jorilN   u(  till'  iMciiiliiM-s  of  Ilif  roiincil.      i.M.  (".,  sec   iL'TCi.  I 

Sec.  l.'ii-.     <iiialil'u'ati<nis  of  associate  «'il.\   coiiiisrhn-.*  —  Tlie 

assDciatc  cilv   coiiiisclur  shall    ]>()ssi'ss   llic  saiiu'  (iiialilical  ions   as   liic   liiy 
coniiscloi-.*      I.M.  < '.,  sec.  IIJTT.i 

S.I-.  l.}").}.  IJoiul  of  associato  city  cjniiisclor. — The  !iss()<'iiitc 
city  loiiiisflor  shall  i;i\c  Im>ih1  lur  ihc  failjiful  (lis(liari;c  of  his  (iuties  in  tlic 
sum  of  live  lhnnsaii(i  tloliars.  with  at  least  two  aovd  and  sufficient  sureties, 
owners  of  nniiiiiimhei'eil  real  estate  in  the  ("ily  of  Si.  I.ouis.  to  he  aiiprovcd 
l>\    the  iTiayor  ami  council.     (  M.  ('.,  sec.  lliTS. ) 

See.  1354.     Oflico  of  seroinl  asM<K'lato  city  c«)uiisolor  croatt'd. 

— The  office  l)f  si-cond  associate  city  counseloi-  is  liereliy  ci-eaied  to  lie^in 
fioni  and  after  the  tenth  day  of  December.  ei}j;hte<Mi  hundied  and  ninety- 
seven.  The  second  associate  city  counseloi-  shall  he  aiipoiuted  liy  the  mayor 
and  contirnieil  liy  a  majority  of  the  nieinliers  of  the  council.  'I'Ik-  lirsi  a|> 
|>ointmenl  to  he  i  lade  on  the  tenth  day  o(  December.  ei};hteeii  hundred  and 
ninety  seven,  and  to  l>e  for  a  term  eiidiiif:  on  the  first  Tiu-sday  in  .Vju-il 
eifjhteeii  liundi'ed  and  niii»-ty-nine.  and  until  his  successor  is  a|)|ioinled  and 
(lualitit-d  and  thereafter  the  appoiutment  to  be  couteiiiiHtraueous  and  for  a 
like  term  as  that  of  the  city  counselor.      ( .M.  ("..  sec.  ll'T'.t.) 

Sec.  13.').').     (jiialilicatioiis  of  sjm-oiuI  as.sociato  rity  <!ounselor.* 

In  addition  to  the  (|uaiili(at  ions  lu-escribed  in  secti(Ui  ten  of  article  four 
of  I  he  charter,  the  second  associate  city  counselor  shall  have  been  licensed 
to  practice  law  at  least  live  years  in  the  courts  of  this  state  next  pi-ece<liug; 
his  apiiointineiit.*      {  M.  <'..  see.  12)S0.) 

See.     135C.     OdU't'    of   assistant    rity   couiisi'lor  oroattMl. — Tlie 
oftice  of  assistant  city  counselor  is  hereby  created.     The  assistant  city  conn 
selor  shall  be  appointed  by  the  mayor  and  confirmed  by  a  majority  of  the 
members  of  the  council,      i  .M.  < '.,  .se(-.   11281.) 

Ord.  23150  (enacted  after  Revised  Code)  created  the  ofllce  of  Second  Assistant 
City  Counselor;  see  appendix   for  same. 

See.  1357.      (Jiialificalioiis  of    assistant    <'ity    counselor.' — In 

atldition   to   the  ipialilications  prescribed  by  s(;ction   ten   of  article   four  of 
the  Charter,  the  assistant  city  counselor  shall  have  been  licensed  to  practice 
law  ill  the  courts  of  this  State  at  least  four  years  previous  to  liis  ap|ioint 
ini'iit.*      I  Ord.  L'OTr.T.  sec.  1  :  aineiidiii''  .M.  C.  .sec.  12SL'.  i 


See.  1358.  Honds  of  scrond  asso<'iale  and  assistant.— The 
second  associate  and  assistant  city  coun.si-lor  shall  each  ;:ive  bond  for  the 
faithful  discliarjie  of  their  duties  in  the  sum  of  five  thousand  dollars,  with 
at  least  two  good  and  suftieieiit  sureties,  owners  of  unincumbered  real  estate 


•.\mendfd  by  ordlnnncc  No.  2303S.  enarteil  shortly  after  Revised  Code:  see 
above  note  to  heading  of  this  article  (ID.  where  the  amendments  are  given.  The 
ordinance  Is  set  out  In   fuU   In  the  appendix  to  Rev.  Code 


840  REVISED    CODE    OR    GENERAL    ORDIXANCES.  |CHAP  .   14. 

iu  the  City  of  St.  Louis,  to  be  approved  bv  the  luavor  and  louiKil.  (M.  C, 
sec.  1283.) 

Sec.  1359.     Terms    of    associate  and  second    associate The 

a.ssociate  city  coimselor  aud  second  associate  city  counselor  shall  hold  thein 
respectiye  offices  for  four  years  and  until  their  successors  are  duly  ap- 
pointed and  qualified,  but  they  shall  be  subject  to  i-emoval  by  the  mayor 
and  council,  provided  that  the  first  ap]iointuient -of  the  second  associate 
city  counselor  shall  he  for  a  terra  ending'  on  the  first  Tuesday  iu  April, 
eijihteen  hundred  and  ninety-nine,  and  until  his  successor  is  duly  appointed 
aud  qualified.     (  M.  C.  sec.  1284.) 

Sec.  1360.     Chief    clerk,  clerk  antl  stenoo^rapher — tenure.* — 

The  city  counselor  shall,  with  the  approval  of  the  uiaycn-,  appoint  a  chief 
clerk,  a  clerk  aud  a  stenographer,  who  shall  hold  their  respective  offices  at 
the  pleasure  of  the  citv  counselor.*  (Ord.  2(I7.")7.  amending  M.  C,  sec. 
128.5.) 

See.  1.S61.  Qualifications  of  clerk  aud  stenojyrapher.* — In  ad- 
dition to  the  qualifications  prescribed  by  section  ten  of  article  four  of  the 
Charter,  the  clerks  and  stenographer  shall  be  qualified  voteis  of  the  city.* 
(Ord.  207r)7,  amending  M.  C,  sec.  128(5.) 

See.  1362.  Salary  of  city  counselor. — The  city  counselor  shall  re- 
ceive a  salary  of  five  thousand  dollars  per  annum,  jjavable  monthly.  ( M. 
C  sec.  1287.") 

See.  1363.  Salary  of  associate. — The  associate  city  counselor  shall 
receive  a  salary  of  four  thousand  dollars  ])er  annum,  ])ayable  monthly.  ( .M. 
C,  sec.  12SS.)" 

See.  1364.  Salary  of  second  associate. — The  .second  associate  city 
counselor  shall  receive  a  salary  of  three  thousand  dollars  per  annum,  nay- 
able  monthly.     (M.  C,  sec.  12Si>.^ 

See.  1365.  Salary  of  assistant.* — The  assistant  city  counselor  shall 
receive  a  salary  of  twenty-five  hundred  dollars  per  annum,  payable  month- 
ly, provided,  howevei-.  that  this  shall  not  ai)ply  to  the  present  incumbent 
of  the  office  of  assistant  city  counselor  during  his  jireseut  term,  who  shall 
receive  a  salary  of  eighteen  hundred  dollai-s  per  annum,  jiayahh'  moniliiy.* 
(Ord.  20757,  amending  il.  ('.,  sec.  12!t(l.( 

Sec.  1366.  Salary  of  chief  clerk  and  clerk— expense  money 
of  clerk. —The  chief  clerk  shall  receive  a  salary  of  one  hundred  and  fifty 
dollars  per  month;  the  clerk  shall  receive  a  salary  of  one  hundred  dollars 
per  month  and  twenty-five  dollars  jjer  month  for  expenses  in  the  discharge 
of  duties  that  may  be  assigned  to  him:  said  salary  and  said  expense  money 
shall  be  paid  monthly.*     (Ord.  207.")7,  amending  M.  C.  sec.  12i)l.l 

•Amended  by  ordinance  No.  23038,  enacted  shortly  after  Revised  Code;  see 
pp.  S37-S38.  note  to  lieadingr  of  this  article  (II).  where  the  amendments  are  given. 
The  ordinance  is  set  out   in  full  in   the  appendix   to  Rev.  Code. 


AUT.    II.  1  OF   THK    CITY    COUNSELOR.  841 

Sec.  i;{67.  Salary  of  steiuiffrapluT.'— The  stciiot^raiilur  sliall  re- 
reive  a  salai-v  of  one  Immlrcil  ildlhiis  \>fv  iiiniiili,  [lavMlilc  inoiiilil.\  .*  i  M. 
C,  set-.  V2'.r2'.\ 

See.  136S.  Duties  of  c-ity  rouiiMelor.  —  In  adtlitioii  to  the  duties 
ipiestrilieil  in  seitioii  iliiitv  two  of  ariiile  t'inir  of  the  Cliarter  it  shall  lie 
the  ilnlv  of  the  citv  tuuiiseloi- :  I'iist,  to  initiate  and  iiroscciile  in  the  cir- 
riiit  eimrt  all  proceeilinjis  lor  the  appropriation  and  expropriation  ol'  |ii-i,- 
\ale  pidperlv.  lor  opeiiinj;.  widening  or  alteriii-i  anv  stieel,  avciine.  wliai'f. 
luaikei  plan-  or  puhlie  sipiare.  or  loiile  lor  a  sewer  or  water  jiipe.  as  jn-e- 
scriliiil  :iimI  leijuired  in  article  six  of  the  eliarter;  seeond,  to  do  and  perform 
anv  act  ne<-essai\v  to  lie  done  in  tiie  iirosecntioii  of  proc(M'din};s  for  street 
openinj;s  (■oniineiiced  liefore  the  land  coniniissionc  r,  ami  |i(iidiiiji  al  Ilie  time 
the  charier  liecame  operative,  and  conduct  liie  same  as  provided  in  section 
four,  article  sixteen  of  the  charter;  third,  to  furnish  to  the  hoard  of  politic 
commissioners,  health  commissioner  and  hoard  of  health,  all  lejial  advice 
and  .service  desired  bv  them  respectivelv ;  fourth,  to  take  charfie.  pro.secnio 
or  defend,  as  the  ease  may  be,  all  suits  pendinji  for  or  against  the  county 
of  St.  Louis  as  heretofore  established  and  which  tiie  county  coun.selor 
had  in  hand  and  in  which  the  city  is  interested;  tiflh.  to  kceji  a  record  of 
all  le-zal  oiiinions  officially  j;iven  by  him.  in  writinj;.  with  the  reipiest  there- 
for, and  an  imU'X  thereto,  and  an  aicount  book  showiufi  all  claims  jilaced 
in  his  hands  for  collection,  all  moneys  received  by  him  on  account  of  th'i 
city,  and  all  payments  to  the  city  treasury,  within  twenty-four  hours  after 
its  receipt  by  him.  for  which  triplicate  receipts  shall  he  taken,  (me  of  which, 
sliall  he  tiled  in  the  auditor's  office.  ,iii(l  one  in  the  comptroller's  office; 
sixth,  to  keep  a  book  or  docket  in  whi(li  lie  shall  ciiicr  an  alisirari  ol'  all 
suits  iiendinji  in  favor  of  or  a<;aiiist  the  city,  in  lalnilar  form,  sulisianiially 
as  follows:  Names  of  parlies;  suits,  when  hrouj;ht  ;  in  whal  coiii't  ;  nature 
of  action;  names  of  witnes.scs;  ]iroofs,  etc..  for  the  city;  amount  of  .judg- 
ment; date  of  judgment;  date  of  e.xecution ;  remarks,  etc.;  which  book  or 
docket  shall  be  delivered  by  him  to  his  successor  in  office;  seventh,  to  prose- 
cute an  ajipeal  or  writ  of  error  in  any  case  in  which  the  city  is  concerned 
;uid  make  proper  affidavits  thereof  when  so  directed  liy  the  comptroller. 
I  -M.  C.  sec.  V20:i.) 

Sec.  i:56i).  Duty  to  pa.sH  ou  form  of  immhIiii};  hills. — When- 
ever any  committee  of  either  house  of  the  municipal  assembly,  oi-  any  mem- 
ber of  either  of  said  houses,  shall  submit  to  the  city  counselor  or  lo  ihe  as- 
sociate city  counselor  a  copy  of  any  bill  pending  in  either  of  said  houses, 
or  a  draft  of  any  ]iro|  oscd  ordinamc  about  t<i  be  introduced  into  cither 
of  said  houses  by  any  member  thereof,  with  the  ri'ipiest  that  the  cily  coun- 
.selor or  the  associate  cily  counselor  make  such  alterations  or  modilical  ions 
in  the  form  of  such  copy  of  a  bill  or  draught  of  an  ordinance,  if  any  are  nee 
essary.  as  will  make  such  bill  or  proposed  ordinance  as  altered  <U'  modified 
conform  to  the  projier  charter  retpiiremeiits  as  to  the  form  of  ordinances, 
it  Khali  be  the  duty  of  the  city  coun.selor  or  of  Ihe  associate  city  counselor, 
as  the  case  may  be.  to  inak(»  sui'h  alterations  or  modilications  as  expedi- 
tiously as  possible  and  return  the  co]iy  of  Ihe  bill  or  draught  of  the  ordi- 
name  so  altered  or  niodilied  to  the  committee  liy  which,  or  to  the  member 
b\   whom.  Ihe  same  was  presente;!  to  him.      i  .M.  ('.,  see.  rjll4.i 

See  also   herelnaftiT.   an  Itev.  Code. 


•Amended  by  ordinance  No.  lI^iCLs.  enurted  shortly  after  Revised  Code;  sei- 
pp.  SST-.saS.  note  to  headtnK  "f  this  article  (11).  where  the  amendments  are  Klven. 
The  ordinance  Is  set  out  In   full  In  the  appendix  to  Rev.  Code. 


842  HEVISKU    CODE    OR    GENKltA],    OKDINAN'CES.  [CHAP.   H. 

Sec.  1370.  As.sociate,  stM^oncl  as.sociate  and  a.ssistaiit  — tlu- 
ties. —  The  assoeiate  city  counselor,  second  associate  city  counselor  aud 
assistant  city  counselor  shall  i)e  under  tiie  control  and  direction  of  the  city 
counselor,  and  shall  perform  such  duties  in  the  line  of  their  respective 
offices  as  may  be  designated  from  time  tii  time  by  the  city  coun.selor  or  by 
the  charter  or  ordinances.     ( M.  ('..  sec.  1:29.").! 


Sec.  1371.  Duties  of  chief  clerk  and  clerk.* — The  chief  clerk 
shall  write  the  reports  in  condemnation  and  chani;e  of  grade  proceedings, 
aud  keep  a  record  of  all  such  cases,  showing  the  pro^eediugs  therein  both  in 
court  and  before  the  commissioners,  and  such  other  duties  as  shall  be  as- 
signed to  him  by  the  city  counselor,  or  ]irovlded  by  ordinances.  The  clerk 
shall  make  investigation  of  facts  and  collect  evidence  in  cases  in  which  the 
city  is  a  jiarty,  and  perform  such  other  duties  as  shall  be  assigiu^l  to  him 
bv  the  citv  counselor  or  provided  liv  ordinanc'es.*  (Ord.  I'll7."i7.  anuMiding 
M.  C,  sec."  121)0.) 


Sec.  i:i72.  Duties  of  stenof^'rapher.* — The  stenographer  shall  re- 
port and  transcribe  all  testimony  taken  before  commissioners  in  all  ]>ro- 
ceedings  for  the  opening  of  any  street  or  alley  when  re(|uired  so  to  do  by  the 
city  counselor,  and  he  sliall  also  ]ierform  such  other  duties  as  may  be  re- 
quired by  the  city  counselor  or  ordiuauces.*      (il.  ('.,  sec.  1297. j 


Sec.  1378.  Commissioners  in  street  openinjifs  to  meet  in 
office  of  city  counselor. — The  commissioners  in  all  jtroceedings  for 
opening  of  any  street  or  alley  shall  hold  their  sessions  at  the  office  of  the 
city  counselor  and  each  adjournment  shall  be  to  a  day  certain  which  shall 
be  noted  on  the  record  and  the  case  set  upou  the  session  docket  for  that  day 
aud  such  session  docket  shall  be  oj)en  to  the  inspection  of  the  jjublic.  i  M. 
v..  sec.  1298.  | 


Se(^.  1374.  AVhen  and  how  special  counsel  may  be  employed 
— how  compensation  fixed. — In  case  of  the  disaliility  or  inability  only 
of  the  city  counselor  to  act  in  the  jjerformance  of  his  duty,  special  couusel 
may  be  em])loyed;  ])rovided,  however,  that  no  special  attorney  or  attorneys 
shall  be  em])loyed  in  such  case  at  the  expense  of  the  city,  except  by  the 
mayor,  who,  when  the  council  is  in  session,  shall  report  to  it  in  writing  the 
facts  showing  the  necessity  for  such  emidoyment,  aud  the  name  or  names, 
and  the  exact  compensation  to  be  paid  to  such  attorney  or  attorneys,  and 
recommend  their  retainer,  when,  if  the  council  shall  approve  of  such  recom- 
mendation by  a  vote  of  the  majority  of  all  the  members  elect  to  said  council, 
upon  a  call  of  tlie  yeas  and  navs,  then,  and  in  such  case,  the  mayor  shall 
have  jiower  to  contract  with  such  attorney  or  attorneys  )i|)on  the  terms  and 
conditions  ajiproved  by  the  council;  but  when  the  council  is  not  in  session, 
then,  ill  case  of  emergency,  the  mayor  may  act  without  the  approval  of  the 
council.  ]irovided.  however,  that  the  city  coun.selor,  with  the  approval  of  the 
mayor,  may  engage  local  counsel  to  assist  him  in  the  trial  cases  in  nisi  jirius 
courts  outside  the  City  of  St.  Louis,  where  the  city  is  a  party  to  the  suit, 

•Amended  by  ordinance  No.  23038,  enacted  sliortly  after  Revised  Code:  see 
pp.  S.IT-SSS.  note  to  lieading  of  tliis  article  (II).  where  tlie  amendment.s  are  given. 
Tile  oi-(linance  i.s  set  out   in   full   iu   tlu'  .-ipixuidix   to  Rev.  Code. 


AKT.    I]  OF  MINICIPAI.  ASSEMBLY.  843 

al  a  ffo  not  cxcwdiiij;  lilly  dollars,  to  lie  paid  out  nl   I  lie  liiiid  t'or  cttsls  and 
Icual  cxiiciisi's.      lOrd.  :.'ll,><(;;{,  aiiifiidiiij;  M.  < '..  sec.   iLMi'.l.i 

In  llie  absence  of  authority  oonterreU  on  the  mayor  he  cannot  i-iuploy  an  nttornt-y 
so  as   to   bind   the   city    for   his   conipi-nsatlon:     Carroll    vs.    St.    Louis,    12  Mo.    •IH. 

Sec.  1375.  .Vdtlilioiial  .H(t>iu»fjr;n»her  — comiH'Usalioii.  —  In  addi 
tioii  to  tilt'  (MMployt's  Iktimii  incutioiicd,  ilic  city  coiinst'lor  may,  when  in  his 
opinion  tlu'  fiticicnt  workinj;  of  the  department  re<piires  it,  em]»loy  an  addi- 
tional stenofjraplier  at  a  rate  not  exceeding  three  dollars  per  day,  i)ayable 
out  of  the  t'lincl  a|ipropriated  for  costs  and  lejiial  expenses,  who  shall  per- 
form such  diitii's  as  may  lie  rccpiired  by  the  city  ci)iiiiselur.  (Ord.  21SS9, 
providing'  new  sci-,   lL",i;ta   in  ,M.  (_'.) 


CHAPTER  15. 
legislativp:  department. 

.MtT.  I.     Of  municipal  assembly. 

II.     Of  ordinances. 

ARTICLE  I. 

OF  MUNICIPAL  ASSEMBLY.' 

Sec.  1376.  KU'ctioiis  to  lumsr  of  (l<>l»»irat<'s. — An  election  shall 
lie  held  on  the  lirsi  Tuesday  in  April,  ciuliifcii  luiiidred  and  ei!j;hty-seveu, 
and  every  two  years  tliereafler,  and  at  said  election  the  house  of  delej;ates. 
ioiisisting  of  one  iiieniher  from  each  ward,  shall  be  chosen  by  the  (lualitied 
voters  of  each  ward,  for  the  term  of  two  years  from  the  day  of  election. 
i.M.  (\.  sec.  131)0.) 

Sec.  1377.  Elrrtioii.s  to  coiim-il. — .\t  the  election  to  be  held  as 
aforesaid,  npon  the  tirsi  Tuesday  in  .V[)ril.  eij;hteen  hundred  and  eif,'hty- 
seven.  six  members  of  the  council  shall  be  elected  on  a  general  ticket  by 
the  i|ualitied  voters  of  the  city,  whose  term  of  ofliie  shall  continue  lor  four 
.\ears  rroiii  the  day  of  election,  and  at  the  election  to  be  held  every  two  years 
t hereafter,  members  of  the  council  shall,  in  like  manner,  be  elected  to  suc- 
ceed those  whose  terms  expire,  for  the  term  of  foiii-  years  from  the  day  of 
election,     i  M.  C,  sec.  1301.) 

Sec.  137S.  <  i»iiiiMn^:i(  i<m.  iiM'iiilM'rs  of  ass<>iul)l,v. — Each  mem- 
ber of  the  munieipal  assembly  shall  receive  I'oi-  his  ofllcial  services  of  every 
kind,  annnally.  durin<;  his  term  of  oflice,  the  sum  <d"  three  hundred  dollars, 
to  be  |iaid  (|uai'lerly,  and  may  be  paiil  his  reasoiuible  expenses,  authorized 
and  incurred  in  any  sueli  service,  to  be  a|>proved  by  the  house  of  which  he 
is  a    member.      Whenevei-  a    member  of   the   iiinnieipal    assembly    is  ab.sent 


•As  to  t ;    .;  :spectlng  thp  .M     .  '      mbly  organization, 

•  lection  of  councllmen.  delegates,  etc..  see  Chart..  Art.  HI.  sees.  1  to  U  and  notes 
appended  thereto.  See  also  as  to  legislative  functions  of  the  assembly,  and  under 
what  conditions  the  courts  may  Interfere,  note  to  Charter.  Art.  III.  sec.  '.'S;  and 
that  the  acta  of  the  assembly  must  he  In  harmony  with  the  I.aws  and  Constitu- 
tion; note  Introductory  to  charier  p.  'J90. 


844  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.    1». 

witliout  leave  from  liis  house  first  obtaiued  therefor,  for  an  entire  sitting  of 
any  meeting,  he  shall  forfeit  one  dollar  of  his  official  coniiiensation,  and 
the  secretary  or  clerk  of  the  respective  houses  (as  the  case  may  be),  shall 
re])ort  to  the  auditor  at  the  close  of  each  meeting,. if  said  auditor's  office  be 
open,  otherwise  on  the  day  following  such  meeting,  the  amount  of  forfeit- 
ure iiicurreil  as  aforesaid,     i  M.  C,  sec.  i;{t)2.) 

Compensation  is  fi.xed  at  $300  by  cliarter:  Chart..  Art.  III.  sec.  14.  For 
this  reason  or<Jinance.s  increasing  the  compensation  were  vetoed  a  number  of 
times. 

See.  1379.  Speeial  sessions — how  called. — Three  days'  notice  of 
all  special  sessions  of  the  municipal  assembly,  convened  by  proclamation 
of  the  mayor,  shall  be  given  in  the  newspa]»ers  doing  the  city  printing. 
Upon  the  issuance  of  such  jiroclamation  tlie  secretary  of  the  council  and 
the  clerk  of  the  house  of  delegates  shall  send  written  notice  thereof  to  the 
uiemliers  of  their  resjtective  houses.     (M.  C,  sec.  1303.) 

.Special  se.ssion.«:  Called  by  Mayor  see  Charter.  Art.  IV'.  sec.  18  and  note 
thereto,  stating  what  may  and  may  not  be  done  thereat;  see  also  Rev.  Code, 
sec.   1496. 

Sec.  1380.  OfHfcers  of  the  council. — The  officers  of  the  council 
shall  be  a  president,  who  shall  be  elected  by  the  qualified  voters  of  the  city 
ou  the  first  Tuesday  of  Ajiril,  eighteen  hundred  and  eiglityiiine,  and  every 
four  years  thereafter,  a  vice-president,  a  .secretary,  an  assistant  secretary, 
and  sergeantat-arms.  each  of  whom  shall  be  appointed  by  the  council.  (M. 
C,  sec."  1304. 1 

See.  1381.  Otticers  of  the  liou.se  of  tlelejyates. — Tlie  ufflcens 
of  the  house  of  delegates  shall  be  a  speaker,  who  shall  be  elected  "by  said 
house,  a  sjieaker  pio  tciii..  a  clerk,  an  assistant  clerk,  a  sergeantat-arms 
and  messenger,  each  ol'  whom  shall  be  appointed  by  the  house  of  delegates. 
The  messenger  shall  be  under  the  control  of  the  sergeant -a  fa  rms.  and  shall 
assist  him  in  the  duties  of  his  office.     (  M.  <"..  sec.  13(1.").) 

Sec.  1382.  Removal  of  salaried  otticers. — Either  house  may,  by 
a  vote  of  a  majority  of  the  members  elect,  remove  any  of  its  salaried  officers, 
and  upon  such  removal  the  salai'y  of  such  officer  shall  then  cease.  (M.  C, 
sec.  1300. 1 

Sec.  1383.  Duties  of  secretary  of  council  and  clerk  of 
house. — It  shall  be  the  duty  of  the  .secretary  of  the  council  and  clerk  of 
the  house  of  delegates,  respectively: 

First.  To  keep  a  correct,  full  and  explicit  record  of  tiie  proceedings 
of  their  respective  houses. 

Second.  To  ])repare  and  to  furnish  the  iiewsiiapers  doing  the  city 
printing  as  soon  as  may  be  after  each  meeting  of  tlieii-  respective  houses  an 
abstract  of  its  proceedings,  revised  by  the  presiding  officer,  for  publication. 

Third.  To  file  and  ))reserve  all  papers  and  documents  belonging  to  the 
respective  houses,  ujion  which  shall  be  indorsed  a  succinct  history  of  all 
proceedings  had  thereon. 

Fourth.  To  i>repare  copies  of  all  resolutions  and  transmit  them  to  the 
jiarties  therein  designated. 

Fifth.  To  keej)  in  tabular  form  a  synopsis  of  the  proeeedings  had  at 
each  meeting,  showing  the  term,  number  of  each  petition,  resolution  and 
bill  |ii-eseiited.  and  by  whom  introduced,  the  substance  of  each  ])etition  and 
resolution,   and   the   title  of  each   bill,   the  date   when    the  same  was  intro- 


AKT.    IJ  DK    .MINI'Ml' AI.    ASSK.M  HI,  V.  345 

diU'Ctl,  ;uiil  of  tlu'  sccdiitl  :iiiil  Iliinl  i(':i(liii;;s.  passMfic  or  r(>jcctii)ii,  enroll- 
liu'lit.  ;l|i|il'ov;il  or  vtMo.  and  ol  (lie  icjiislcifil  nnnil)cr  of  hills;  also  of  llic 
reference  of  all  doeunienls.  lo  «  lioni  referred  atid  when  re|iorted.  lo<;etlier 
with  sueh  other  of  the  proeeediiijjs,  if  aiiv.  as  niav  he  ileenied  iieecssary  to 
give  a  hrief  history  thereof  and  furiiisli  an  index  thereto;  all  of  whicli  shall 
he  at  the  exjiiratioii  of  eaeii  term,  printed  for  the  \ise  of  the  nieniliers  of  the 
niunieipal  asserniilv  and  city  officers. 

Sixth.  To  perform  such  olhi'r  dnties  ap|>ertaining  to  their  respective 
oflices  as  may  he  retiiiired  of  them  or  may  he  necessary  lo  systematize  the 
i)nsiiu'ss  and  promote  tiie  eftieieney  theretif. 

Seventh.  The  assistant  secretary  and  assistant  clerk  shall  each  jier- 
form  such  dnties  as  they  shall  lie  directed  to  perform  hy  the  secretary  or 
clerk  of  their  res|)ective  houses,     i  M.  ('..  sec.  lltllT.) 

See.  1384.  Sor};eant-jil-ariii.s  of  assciuhly— duty  <>f. — It  shall 
l)e  the  duty  of  the  ser;;eantatarms  of  the  conncil  lo  attend  all  meetings  of 
the  i-onin-il.  to  taki-  care  of  the  council  chamlier  and  to  keeji  it  clean,  to 
provide  lire  and  lights  and  oilni-  artiides  necos.sary  therefor,  and  perform 
sncli  other  dnties  as  the  council  shall  require  hy  rule  or  otherwise.  It  shall 
lie  the  dnt.\  of  the  .sergeant  at  arms  «(  the  honse  «(  delegates  to  attend  all 
meetings  of  the  honse.  to  take  care  of  the  hall  of  the  honse  of  delegates  and 
keep  it  clean,  to  jiroxide  tire  and  lights  and  other  articles  necessary  there- 
for, and  iH'rforin  such  other  dnties  as  the  honse  (d'  delegates  shall  icqnire 
hy  ride  or  otherwise,     i  M.  ('..  see.  i:?n.S.) 

Sec.  1;{S5.  Salaries.  The  salary  of  the  secretary  of  the  cotincil  shall 
1«'  at  the  rate  of  twenty  one  jmiidred  dollars  per  aniiiim;  the  salary  of  the 
assistant  .secretary  of  tin-  roiiiicil  shall  be  at  the  rate  of  fifteen  hundred 
dollars  i)er  annum;  the  salary  ol  the  (derk  of  the  house  of  delegates  shall  he 
at  the  rate  of  twenty-one  hnndred  dolliirs  per  annnni :  the  salary  of  the  a.s- 
sistant  clerk  of  the  honse  <if  delegates  shall  he  at  the  rate  of  fifteen  hnndred 
dollars  per  annnni;  the  salary  of  the  sergeant-at-arms  of  the  conncil  shall 
he  at  the  rate  of  twedve  hundred  dollars  jier  annum:  the  salary  of  the  ser- 
geant at  arms  of  the  house  td'  delegates  shall  he  at  the  rate  of  tw(dve  hnn- 
dred dollars  per  annnni;  the  salary  of  the  jiage  of  'he  lioii.s(>  of  delegates 
shall  he  at  the  rate  of  six  hnndred  dollars  per  annum.  Which  salaries  shall 
he  in  fnll  compen.sation  for  all  service--^  of  said  officers  respectively.  (Ord. 
•-'L'li:!.  anieuding  .M.  ("..  sec.  i:{(l!l.) 

This  spctlon  was  amended  by  ordinance  23080.  approved  Juno  21.  190",  .so 
as  to  make  the  salaries  at  present  as  follows:  Secretary  of  Council.  <2.400:  As- 
sistant Secretary  of  Council.  $1,800:  Clerk  Hou.sc  of  Delegates.  »2.40n;  Assistant 
Clerk.  $1,800:  Sergi-ant  at  Anns  of  Council.  11.500:  Sergeant  at  Arms  of  House. 
ll.SOO:  Page  of  House,  $!ino 

See.  i;iS6.  Janitor  for  coiiiuil  — hoii.st'  .salaries. — The  i)resideut 
of  the  conncil  is  hereby  authorized  to  appoint  a  janitor,  who.se  conipen.sa- 
tion  shall  Ih>  tifly  five  dollars  per  month,  and  the  sjieaker  of  the  house  of 
delegates  is  also  authorized  to  appoint  a  janitor,  whose  compensation  shall 
be  tifly  live  dollars  per  month.     lOrd.  lii'.iL'd.  .M.  ('..  p.  ;i!lS. ) 

See.  13H7.  SaiiH* — (luti<'.s  —  <-nn1rol  of  janitors. —  It  shall  be 
the  duty  of  said  janitors,  respectively,  to  keep  the  chamber  and  oflices  of 
tlip  council  and  hous«»  of  ilelegates  in  a  cleanly  condition,  and  to  be  uinU'r 
the  control  and  supervision,  respectively,  of  the  president  of  the  council 
and  the  speaker  of  the  honse  of  delegates.     (  fh..  .sec.  2.1 


846  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.    15. 

Sec.  1388.     Rules   and   rejfulatioiis,    each   house   to   make. — 

Each  house  may  detenuiue  the  rules  of  its  owu  prut-eediugs,  aud  may  adopt 
sueh  rules  and  regulations  for  its  organizatiMi  and  the  appointment  of  all 
standing  committees  as  it  shall  deem  expedient,  and  may  prescribe  the  du- 
ties of  all  its  officers  and  committees  respectively,  not  inconsistent  here- 
with; pi-ovided.  no  ctmimittee  or  member  tliereof  shall  have  the  right  to  as- 
sume or  perform  auy  executive  duties,  either  in  the  execution  of  ordinances, 
in  the  settlement  of  claims,  or  in  any  other  manner,     i  M.  C,  sec.  1310.) 

See  Charter.   Art,   III.   sec.    8   and   note   thereto. 

Sec.  1389.  KeKigiiations,  to  Avhoiii  addressed. — Resignation  by 
uieml)ers  of  the  municijial  assembly  shall  be  addressed  to  the  presiding 
officer  of  the  respective  houses.     (iJ.  C,  sec.  1311.) 

Sec.  1390.  Vacancies —how  filled. — If  a  vacancy  occur  in  either 
house  of  the  municipal  assembly  the  presiding  officer  of  such  house  shall 
notify  the  mayor  thereof,  who  shall,  by  proclamation,  order  an  election  to 
fill  the  same  for  the  unexpired  term  thereof,  if  the  same  exceed  three  months. 
Said  election  shall  be  held  upon  some  day  named  in  such  order,  not  less 
than  twenty  nor  more  than  thirty  days  next  after  the  issuing  of  the  procla- 
mation,    (il.  U.,  sec.  1312.) 

See  Charter,    Art.    Ill,    sec.    7   and   note    thereto. 

See.  1391.     Proceedinjj^s — copies  to  be  furnished  members. — 

For  the  puritose  of  alfurdiug  the  members  of  the  municipal  assembly  better 
facilities  for  t)btaiiiing  information  on  matters  pertaining  to  the  iieiiding 
munici]ial  legislation  and  the  proceeding  in  the  municipal  assembly  the 
register  shall  contract  with  the  paper  doing  the  city  printing  in  the  Jd^ng- 
lish  language  for  the  printing  of  cojjies  of  the  proceedings  as  published  in 
such  paper  in  pamphlet  form,  and  shall  furnish  the  same  within  three  days 
after  each  meeting  to  each  house  for  distribution  amongst  its  members. 
Such  sum  as  may  be  necessary  to  pay  the  cost  of  printing  said  copies  shall 
be  set  ai)art  out  of  tlie  ajiprojiriation  for  printing  aud  no  expense  for  print- 
ing the  second  time  shall  be  incurred.     (M.  C,  sec.  1313.) 

Sec.  1392.     Subpoenas — when  committees  empowered  to  issue. 

— ^^'heIleveI■  either  house  of  the  muiiicijial  assembly  of  the  City  of  St.  Louis 
shall,  by  resolution,  authorize  any  of  its  committees  to  make  investigation 
of  any  ijuestion  or  matter  on  which  such  house  may  lawfully  take  action 
and  shall  empower  such  committee  to  send  for  persons  and  papers,  such 
committee  shall,  thereu]ion.  have  authority  to  issue  writs  of  subpoena,  and 
of  subi)oena  duces  tecum.  Such  writs  shall  be  signed  by  the  presiding 
officer,  or.  in  case  of  his  absence  or  inability  to  act,  by  the  acting  presiding 
officer  of  the  house  to  which  the  ctimmittee  belongs,  aud  shall  be  attested 
by  the  .secretary  oi-  clerk  of  said  house.  Every  such  writ  shall  be  served 
and  return  thereof  made  by  the  sergeant-at-arms  to  the  chairman,  of  the 
committee  in  like  manner  and  with  like  effect  as  such  writs  issued  from  the 
circuit  court  ai-e  served  and  returned  by  the  sheriff.     (M.  ('..  sec.  1314.1 

See  Charter.  Art.  Ill,  sec.  .SI.  As  to  the  power  of  the  house  to  punish  for 
contempt,  compel  attendance  of  witnesses  and  produeti,on  of  books,  see  briefs  of 
counsel  in  In  re  Conrades.  18!i  Mo.  411,  and  some  discussion  by  the  court,  al- 
though the  case  itself  was  decided  on  the  ground  that  the  resolution  -appointinir 
a  committee  in  that  case  did  not  purport  to  confer  power  on  it  to  examine  the 
books  and  papers.  The  court  reversed  the  majorit.v  of  the  Court  of  .\ppeals  wliich 
had    held    petitioner    in    contempt    for    failure    to    obey    the    committee.    Bland.    .1,. 


ART.    11  OF    Ml'NICIPAr.    ASSi:.M  Itl.V  847 

diiisontlng:     112  Mo.  App.  21.  with  full  dlsrusslon  In  iimjnrlty  and  dl.ssintlnK  opin- 
ions of  the  authorities. 

This  ordlnanif  provision  (sec.  i;t92)  was  held  to  be  within  the  oonstltutlonal 
power  of  the  city  to  pass,  and  not  an  invasion  of  Judicial  functions,  and  that 
either  house  had  a  right  to  punish  for  contempt  any  witness  refusing  to  pro- 
duce books  material  In  a  pendlngr  inquiry  properly  called  for  In  a  subpoena 
(luces      Irciim:         In    re    Dunn,    '.t    Mo.    App.    2S5. 

Sec.  v^'^^.\.  W'ritH  of  attachment  —  whoii  to  issue. — In  ca.se 
aiiv  iicrson  naiiicd  in  aii.v  .siuli  wiii.  and  wlio  wa.-;  pcr.^^onall y  st'rvcd  there- 
with,  sliail  Tail  to  appeaf  lielorc  the  ((iinniil  lee  at  the  lime  and  |>hice  named 
in  llie  writ,  tiie  commiltee  shall  have  aiitiiiu'ity  to  issue  a  writ,  ul'  attach 
ment  ao:ainst  the  body  cd'  stieh  ]i('r.siiii.  in  ln'  si^Tud  as  writs  of  suhpoena 
aiv  herein  I'lMpiii'ed  to  he  !siy;ned  and  lu  he  e.xei  tiled  and  returned  to  the 
eliaiiiniiii  of  the  eoininittee  by  the  ser-teaut-at-anus,  in  like  luauner  and  with 
like  eU'eet  as  sui-h  writs  of  attaclnneuts  issued  hy  the  cireuit  <'onrt  are  e.\e- 
cnled  and  returned  liy  the  sherilV.  Any  person  relusinf;  to  he  arrested  or 
resist  iiij;  the  serjieant  at-arnis  in  any  case  ]iro\idc(l  lor  liy  this  chapter,  shall 
he  deemed  ^'iiilty  ol"  a  misdemeanor,  and  upon  conviction  Ihereot.  shall  he 
lineil  not  less  ihan  live  dollai-s  nm-  inoic  liiaii  I  wciily  ti\ c  dollais  lor  each 
oU'ense.     I.M.  C.  sec.  lolj.) 

Sec.  1.594.  roiitumacy  —  liow  dealt  with.  In  case  any  person 
appearini;  lieftu'e  a  committee  in  oliedieiice  to  a  wril  ot  suli(ioena  or  sub- 
poena iluiis  tcciiiii  or  attachment,  shall  refuse  or  fail  to  answer  any  (pies- 
lioii  ]iro|)oiiiided  to  liiin  by  said  coinmittce,  or  shall  fail  to  (U-oduce  and 
submit  to  the  examination  of  tlie  eoinniittee  any  hook,  record  or  paper 
which  he  is  re<iuired  to  ]iroduce  by  a  subpoena  <lii((fi  Iccimi.  or  shall  in 
the  presence  of  llu'  eommittee  be  guilty  of  contumacious,  threatening;  or 
disorderly  lanj;ua<;e  or  condiicl,  the  committee  shall  immediately  report  the 
facts  to  the  house  to  which  it  beUuijis.  I'pou  the  comini;  in  of  such  re|iort, 
the  presidiiii;  oflicer.  if  so  directed  by  tlie  liouse.  shall  issue  a  warrant. 
si<;ned  by  himself,  and  directed  to  tiie  serf^eant-atarms,  conimandino'  him 
to  arrest  sucli  witnes.s  and  have  his  body  bel'(ue  the  house  at  its  first  lueet- 
iiig  lield  thereafter  to  answer  for  contem]it.  The  serjeant-at-arms  shall 
e.xecute  such  warrant.  On  the  hearing  of  the  matter  the  house,  if  it  shall 
adjudge  the  witness  to  be  in  ciuilemiit  of  its  authority,  may.  for  the  tirst 
oll'eiisi'.  |)unish  him  by  a  line  of  not  more  than  one  Imiidred  dollars,  or  b\ 
imprisonment  in  the  city  jail  nf  imi  mote  than  ten  da\s.  or  by  Imlli  siii-li 
tine  and  imprisonment.  For  e\eiy  re|K'titi(iii  of  contempt  b.\  such  witness 
in  the  same  investigation  lie  shall  be  jiunished  in  at  least  double  the  amount 
of  his  tii-st  Hue  and  iiiiprisonment.  or  both.  Any  jierscui  lined  under  tlie 
provisions  of  this  chapter  shall,  on  default  of  |iaymenl  theretd'.  be  forth- 
with coniiiiitted  to  the  city  jail  for  the  terms  of  ten  days,     i  .M.  ('..  sec.  KilC.  i 

See  next  preceding  note. 

Sec.  l.SfCi.      Sn1>|>oei)as,    ete.,    either    house    may    issue.  —  In 

case  either  house  shaii.  uiihonl  the  agency  of  a  committee  coihIucI  an  in- 
vestigation or  desire  to  take  evidence  on  any  (piestion  or  matter  in  which 
it  may  lawfully  taki.'  action,  it  .shall  have  authority  to  issue  writs  of  sub- 
poena, subpoena  iliivm  tccinii.  and  alta<hineuts  and  warrants  of  eoiuniit- 
ment.  as  hereinbefore  jirovided  in  <-ases  of  investigation  before  committees, 
lively  suih  wi'ii  or  wai-rani  shall  be  signed  \>\  the  acting  pi'esiding  oflicer 
and  attested  by  the  secretary  or  clert-  and  returnable  to  the  acting  presid- 
ing oflicer.  .Ml  penalties  hereinbefore  |)rovided  for  shall  apply  and  obtain 
in  cases  of  investigation  made  under  tin-  |U-ovisions  of  this  .secti(Ui.     i.M.  ('.. 

sec     I.'fl".) 


g48  REVISED  CODE  OR  GENERAL  ORDINANCES.  ICrtAP.    15. 

Sec.  139(5.  Requisitions — by  Avlioin  made. — The  secretary  of  the 
council  and  clerk  uf  the  house  of  (lele<;ates  shall  make  requisition,  as  jii'e- 
scrihed  by  ordinance,  for  such  articles  as  are  required  in  the  department 
under  their  charge,  shall  msike  out  the  payrolls  of  members  and  officers 
of  their  respective  houses  and  shall  certify  in  proper  form  to  all  vouchers 
dra^\■n  on  the  resjiectivc  funds.     ( M.  C.  sec.  1318.) 

AETK'LE  II. 

OF  ORDINANCES.* 

Sec.  1397.      3Iayoi*  —  action     of,     required     on     bills.— Every 

Itill,  immediately  after  its  passat;e  in  both  houses,  shall  be  presented  to  the 
uuiyor  for  his  approval  or  disapproval.  And  the  mayor  sliall,  within  ten 
days  after  such  presentation,  consider  and  return  such  bill  to  the  house 
in  which  it  cu-iginated  with  his  ajiproval  indorsed  thereon  or  accompanied 
by  his  objection.  If  he  ajjproves  the  same  it  shall  become  a  law,  or  in  case 
the  nuniici]ial  assend)ly  remain  in  session  for  ten  days  after  such  jire.senta- 
tion,  and  the  mayor  fails  to  return  such  bill  as  herein  required,  it  shall  be- 
come a  law  as  if  a])i)roved  by  him;  ju-ovided,  that  if  the  municipal  assem- 
bly shall  finally  adjourn  within  ten  days  after  any  such  presentation,  the 
mayor  shall,  within  ten  days  after  such  adjournment,  return  such  l)ill  to  the 
register,  with  his  approval  or  reasons  for  disapproval,  otherwise  it  shall 
become  a  law  as  if  ajiproved.     (  M.  »'.,  sec.  KUi).  | 

See  note  to  Charter,  III,  sec.   2a. 

Sec  1398.  Veto — action  of  assembly  on. — livery  bill  presented 
to  the  mayor,  but  returned  without  his  approval  and  with  his  objections 
thereto,  shall  stand  as  reconsidered  in  the  house  to  which  it  is  returned. 
The  house  shall  cause  the  objections  of  the  mayor  to  be  entered  at  large 
u])on  the  journal  and  proceed,  at  its  convenience,  to  consider  the  question 
pending  which  shall  be  in  this  I'oi-m  :  "Shall  the  bill  jiass,  the  oltjections  of 
the  mayor  thereto  notwithstanding?"  The  vote  upon  this  question  shall  be 
taken  by  yeas  and  nays,  and  the  names  entered  upon  the  journal;  and  if 
two-thirds  of  all  the  members  elected  to  the  house  vote  in  the  affirmative,  the 
presiding  officer  of  the  house  shall  certify  that  fact  on  the  bill,  attesting 
the  same  by  his  signature,  and  send  the  bill  with  the  objections  of  the 
mayor  to  the  other  house,  in  which  like  proceedings  shall  be  had  in  relation 
thereto,  and  if  the  bill  receive  a  like  majority  of  the  votes  of  all  the  mem- 
bers elected  to  that  house,  the  vote  being  taken  by  yeas  and  nays,  the  pre- 
siding officer  thereof  shall  in  like  manner  certify  the  fact  ujion  the  bill. 
This  bill,  thus  certified,  shall  be  dcjiosited  iu  the  office  of  the  register,  as  an 
authentic  act,  and  shall  become  an  ordinance  in  the  same  manner,  and 
with  like  effects  as  if  it  had  received  the  ajjproval  of  the  mayor.  (M.  C, 
sec.  1320.) 

See  Charter,  .-\rt.  Ill,  sec.  1^5. 

Sec.  1399.  Ordinances— to  be  bound  and  published. — It  shall 
be  the  duty  of  the  register,  as  soon  as  practicable  after  the  adjournment 
of  .-niy  stated  or  special  session  of  the  municipal  assembly,  to  cau.se  the 
original  ordinances  of  the  munici))al  assembly,  jiassed  at  such  stated  or 
s|)ecial  session,  to  be  bound  in  a  sti-oiig  and  substantial  manner  and  jirop- 
erly  labeled,  and  shall  make  a  written  index  of  the  subject  of  each  ordi- 

•See  for  disciis.sion  on   t)ie  sub.iect  of  onUnances,  note.s  to  the  Charter.  .-Vrt.   III. 
pages  30S-311. 


AKT.    Ill  OK  (mi)INANCt;S.  H4() 

tiiiiicc.  ils  iiiiMilx'r  aiiil  iliilc  of  liccoiiiiiiii  ;i  l;i\v,  iiini  Ilic  rcjiisliM-  sliall  prc- 
si'i'vc  llic  Miluiiit'  llnis  1)1)1111(1  siilVIv,  ill  Ills  (irii<-c;  ;iiiil  he  sluill  caiusc  one 
liiiiKlrcil  :iii(l  tidy  rojiics  of  llu"  piiiilcil  slips  of  the  oi'diiuiiici-s  to  lie  lioiiml 
ill  iiiislflio.inl.  ;it  llic  fX|iir;itiiin  ul' ciicli  session,  lur  llic  use  ol'  tln'  iiniiilicis 
<>r  the  imiiiii'ipiil  ;iss('iiiiil_v.      |  M.  ('.,  si'c.   IMl'l.) 

S.M'.  1100.     Ordiiianco   in    rovisioii    a    coiitinuaiico    <>f    ordi- 
nance   |»r«>\  isions.     Thf  |)ri>visi()iis  ol    iln'  (H-dinniicc  in   revision  of  ii)e 
jjeiiera!  nnlinances  of  tiie  eitv  so  far  as  tlie.v  are  llie  same  as  those  of  exisi 
iii^  onliiiances  sliall  lie  constnieil  as  a  coutinuaiice  of  such  oi'dinaiiees.  and 
nor  as  new  enactiueiits.  •  (M.  C,  see.  1322.) 

See  note  to  Charter.  .\rt.   III.  sec.  28,  and  authorities  there  cited. 

Sec.  1401.  KttVct  «)f  rciK'al.— The  reiioal  of  an  ordinance  or  ])art 
tliereid"  shall  not  re\ive  aii.v  oiilin.inci'  or  any  provisions  thereof  heretofore 
repealed  or  superseded,  nor  aiiv  office  heretofore  abolished,  ( M.  C,  sec. 
1323.) 

See  Charter.  Art.   III.  sor    2S-.  nlso  R    S.   1SP9.  sec.  4177. 

Sec.  1402.  Private  or  io<al — not  aflwcted. — All  ordinauces  and 
resolutions  of  a  i)rivate,  local  or  teniporaiy  nature,  in  force  at  the  coiu- 
menceiiient  of  the  i)rescnt  session  (1!K)6-1!)07)  of  the  iimnicii)al  assembly, 
not  repealed  by  or  repugnant  to.  some  ordinance  jjassed  at  the  present  ses- 
sion of  the  inuiiicipal  as.sembly.  shall  continue  in  force  or  exjiire,  accordini; 
to  their  resp«>ctive  ](rovisioiis  or  limitations,      i  M.  ('..  sec.  1324.  amended.) 

Sec.  1403.  K<'iK'al>  do  not  afVect  riy;lits  or  suits. — The 
repeal  of  any  ordinance,  part  of  ordinance  or  resolution  shall  not  affect 
any  act  done  or  ri^ht  accrued  or  established  in  any  proceed! njj;,  action,  suit 
or  prosecution  or  other  tiling  had  or  commenced  previous  to  the  time  when 
such  re|)eal  shall  take  etlect,  but  every  such  act.  rijiht  or  |)roceediiijj;.  shall 
remain  and  continue  as  vali<l  and  effectual  as  if  the  provisions  of  any  such 
ordinance  or  resolntion  had  remained  in  force.     (M.  C,  sec.  1325.) 

An  ordinance  may  bo  repealed  conditionally,  for  Instance  excepting  as  to 
such  violations  thereof  and  forfeitures  thereunder  as  had  been  Incurred  thereto- 
fore: Kansas  City  vs.  White,  69  Mo.  26.  Unless  there  Is  a  provision  to  the  con- 
trar>'  (as  In  St.  Louis),  the  repeal  of  an  ordinance  pending  a  prosecution  there- 
under, releases  the  defendant:     Kansas  City  vs.  Clark.  68  Mo.  588. 

Sec.  1404.  (>r<linan<'0  to  be  numbered,  printed  an«I  pre- 
served.—  Kver\  ordinanre  when  passed  and  a|iiiro\cd  hy  I  he  max  or.  or 
when  it  shall  havi'  liecoine  a  law.  shall  be  sent  to  the  city  re};ister,  and  by 
him  shall  be  numliered,  printeil,  tiled  and  preserved  in  his  oftice.  (.M.  <'., 
sec.  1326.) 

Same  as  Charter,   ,\rt.    III.  sec.    28.   which   sec.   with  note. 

Sec.  1405.      Repeal    of  —  not    to    afTect    olTense    or    penalty. 

— No  otl'en.se  commilteil  aiitl  no  liiK",  forfeiture  or  peiialt.\  incurred,  prexiuiis 
to  the  time  when  the  provisions  of  any  ordinance,  jmrts  of  an  ordinance  or 
resolution  shall  1m.»  repealed,  shall  be  atl'ecte<l.  released  or  in  any  way  dis- 
charged, by  such  repeal;  but  the  trial,  conviction  and  piinishiiient  of  all 
such  otTenses,  and  the  recovery  of  such  lines,  forfeitures  and  penalties  shall 
be  had  in  all  respects  as  if  such  provision  had  remained  in  force,  iM.  ('.. 
.sec.  1327.'! 

Sec  note  to  Charter.  III.  sec.  28. 


850  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.    15. 

Sec.  1406.  Ordinance — repealed — revisetl — to  control  sub- 
sequent proceedinjj^s. — No  actiou,  prosecution,  suit  or  proeeediugs.  pend- 
ing at  any  time  any  ordinance  or  part  of  an  ordinance  shall  be  repealed, 
shall  be  affected  in  any  way  by  such  repeal ;  but  any  such  action,  prosecu- 
tion, suit  or  proceedings  shall  proceed,  in  all  respects,  as  if  such  ordinance 
or  part  of  ordinance,  had  not  been  repealed;  except  that  any  such  action, 
prosecution,  suit  or  proceeding,  had  or  begun  after  the  ordinances  revLsed 
at  the  present  session  of  the  niuuicipal  assembly  shall  take  etfect,  shall  be 
conducted  in  conformity  with  the  provisions  of  such  revised  ordinances  and 
shall  be,  in  all  res[tects,  subject  to  the  provisions  thereof  so  far  as  they  are 
applicable.     ( M.  C,  sec.  1328.) 

See  sec.   1403.  supra. 

See.  1407.     "Hereafter"  and  "Heretofore"  defined Whenever 

the  term  "heretofore"  occurs  in  any  ordinance,  ii  shall  be  construed  to  mean 
any  time  previous  to  the  day  when  such  ordinance  shall  take  effect ;  and 
whenever  the  term  ''hereafter"  occurs,  it  shall  be  construed  to  mean  any 
time  after  such  ordinance  shall  take  effect.     (M.  C,  sec.  1329.) 

Same  as   statute:      R.    S.    1S99.   sec.    4155.      For   rules  in   general   on   construction 
of   ordinances,    see   note    to   Ciiarter.    introductory    to    Art.    III.    sec.    26. 

Sec.  1408.  Plural  number — how  to  be  construed When- 
ever, in  any  ordinance  or  resolution  words  importing  the  plural  number  are 
used  in  describing  or  referring  to  any  object,  matter,  parties  or  persons, 
any  single  object,  matter,  party  or  persons,  shall  be  deemed  to  be  included, 
although  distributive  words  to  that  effect  may  not  be  used,  i  M.  C,  sec. 
1330.)  '' 

Same  a.s  R.  S.  1S99.  .sec.  4157;  referred  to  in  93  Mo.  loc.  cit.  41. 

Sec.  1409.     Number  and  gender — how   construed — AVheu   any 

subject,  matter,  pai'ty  or  person  is  described  or  referred  to  in  any  ordi- 
nance, by  words  imiiorting  the  single  number,  or  the  masculine  gender, 
several  matters  and  jiersons,  and  females,  as  well  as  males,  and  bodies  cor- 
porate as  well  as  individuals,  shall  be  deemed  to  be  included.  (M.  C,  sec. 
1331.) 

Same  as  R.  S.    1S99,  sec.   415S.  ^  See  State  e.\  rel.   vs.  Hostetter.   137  Mo.   636. 

Sec.   1410.     Foregoinjif  rules   to   apply  in   all    cases — except 

when   repugnant The  rules  prescribed  in  the  last  two  sections  shall 

apply  in  all  cases,  unless  it  shall  be  otherwise  expressly  provided  in  any 
ordinance,  or  unless  there  be  something  in  the  subject  or  context  repugnant 
to  such  constructiou.      (  M.  C,  sec.  13;>2. ) 

See  cases  on   Statutory  Construction   cited   in   R.    S.   1S99.   note   to   sec.    4160. 

Sec.  1411.  Repealing  ordinance  repealed — does  not  revive 
foi'mer  ordinance. — ^\■hen  an  ordinance,  repealing  a  former  ordinance, 
clause  or  provision,  shall  itself  be  rejiealed,  such  rejjcal  shall  not  be  con- 
strued to  revive  such  former  ordinance,  clause  or  provision,  unless  it  be 
expressly  so  provided.     (M.  C,  sec.  1333.) 

Sec  note   to  Charter.  .\rt.  III.  sec.   2S. 

Sec.  1412.  Tenure  of  office — when  repeal  of  ordinance  to 
affect.  — The  tenure  of  any  office,  or  accountability  of  any  officer  of  the 
city,  shall   not  be  affected  by  the  repeal  of  any  ordinance,  clause  or  pro- 


CHAR    16]  OF  MARKETS.  85J 

vision,  uiiit'ss  it  l)c  otherwise  oxuresslv  providetl  in  ilir  rciic;iliiijj;  ordiiiaure. 
(M.  C,  see.  1334.) 

See  note  to  Charter.  .\rl.  III.  sec.  2S.  In  State  e.\  rol.  vs.  LonKfellow,  93 
Mo.  App.  364  370.  the  court  says  of  this  section:  "We  apprehonil  that  tlio  pur- 
pose of  the  ordinance  was  to  prevent  the  repeal  of  Oie  term  of  an  office  created 
by  one  ordinance  by  repealing  or  nmendlnpr  another  ordinance,  the  effect  of  which 
would  be.  by  Implication  or  by  fair  construction,  to  affect  the  term  of  the  office 
created  by  the  other  ordinance,  but  not  mentioned  or  referred  to  by  the  amend- 
atory or  repealing  ordinance,  and  not  that  an  ordinance  creating  an  office  could 
not  be  amended  so  as  to  eliminate  the  feature  creating  the  office,  without  ex- 
pressly declaring  that  to  be  the  purpo.se  and  aim  of  the  amendment,  or  that  an 
ordinance  creating  an  office  could  not  be  repealed  and  a  new  ftne  enacted  In  lieu 
of  It.  leaving  out  the  clause  creating  the  office."     See  s.  c.  95  Mo.  App.  660.  G66. 

y.'c.  141.i.     Kills  (Miilxxlyiii^  jj^t'iierai  onliiianco  provi.Hion.s — 

siihinissioii    t»>    vHy   «'onns<>I«»r   t«»   ai>pr<»v«>    form All    bills   eiii- 

lioiiviiij,'  ;;ciiit;i1  onliiiaurc  prov  isious  befort'  tiiial  [iassa:;c  by  the  imiiiieii)al 
assembly  may  lie  submitted  to  the  eity  eouuselor  or  the  associate  city  coun- 
selor, whose  duty  it  shall  lie  to  e.\aiiiiiie  the  same  withoiil  uiiiieeessary  de- 
lay and  recominend  such  alleratious  or  moditieatious  in  the  form  thereof,  if 
any  are  necessary,  as  will  make  all  such  bills  as  altered  or  modified  conform 
to  the  [irojier  charter  I'lMniirements  as  to  the  form  of  ordinances  and  to  the 
jjeiieral  ]ilan  of  the  nniiii(i|i,il  (IJevised]  ciide.  jn-ovided  that  nothiiifi  herein 
shall  be  construed  as  i-ei|uiriii};  iiills  not  embrai'ino;  jieiieral  ordinance  pro- 
visions to  be  so  subuiitted.     (M.  ("..  sec.  l.{3o.) 

See  also  sec.   1369  of  Rev.  Code. 

See.  1414.  Itrlrrcncc  <<»  rcvisiMl  code  sufliciciil. — In  all  offi- 
I'ial  reference  to  aii.\  (H-ox  isioii  or  provisions  of  the  j^encral  ordinances,  em- 
bodied in  "The  Revi-sed  Code  of  St.  Louis."  after  said  code  shall  have  been 
adopted  lejially,  as  ju-ovided  in  ordinance  mimbor  twenty-two  thousand 
and  forty-six,  approved  June  twenty,  nineteen  hundred  and  the,  it  shall  be 
siiriicieiit  to  refer  to  said  provision  or  provisions  by  section  number  or 
numbers,  as  the  refereme  niav  re(|uire,  of  "The  Revised  Code  of  St.  Louis." 
Mini.  22r)«J4;  see  M.  C,  see.  1336.) 

GENERAI.,  NOTE  ON  SUBJECT  OF  OKPl.NA.NCES;  See  note  to  Charter, 
Art.  HI.  pages  30S-311;  and  see  p.  309  as  to  evidence  of  ordinance,  when  same  to 
be  pleaded  and  hftw.  i-t'-. 


CHAPTER  16. 

I  'I-   .m.\i:k  i;ts.- 

ART.  I  Of    names  and   boundaries. 

II.  (^f  location  of  stalls,  stands  and  wagons. 

III.  Of  leasing  and  renting  of  stalls  and  stands. 

IV.  Of  market  masters — appointment,  powers  ond  dutle.<<. 
v.  Of  rules   and    regulations. 

VI.     Of  meat  shops. 

VII.     Of  regulations  concerning  the  sale  of  game. 
VIII.     Of  regulations  concerning  the  sale  of  perishable  articles. 

•Power  of  the  city  to  establish  market  places,  and  license,  regulate,  sell,  lease, 
abolish  or  otherwise  dispose  of  the  same:  Chart..  Art.  III.  sec.  26.  clause  third. 
See  also  clause  7.  As  to  duty  of  Mayor  and  assembly  to  establish,  locate  and 
regulate  market  places  in  cities  of  over  300.000.  see  R.  S.  1899.  sees.  62<S.  6249. 
Ordinance   regulations   In    pursuance   of   the   charter   are,   when    not    unreasonable. 


852  REVISED  CODE  OH  GENERAL  ORDINANCES.  [CHAP.    16. 

upheld:  St.  Louis  vs.  Weber.  44  Mo.  547;  Jackson  vs.  St.  Louis.  25  Mo.  37.  But 
the  city  has  no  authority  to  lease  out  spaces  on  a  street  to  produce  dealers,  etc.: 
Schopp  vs.  St.  Louis,  117  Mo.  131,  135,  and  cases  cited.  Where  realty  is  conveyed 
to  the  city  to  be  used  for  the  purpose  of  a  public  market,  with  the  provision 
that  if  the  city  did  not  erect  such  market  house  within  a  year,  others  might 
upon  the  like  condition,  but  ■u-ith  no  further  reservations  or  right  of  re-entry, 
it  was  held  that  after  tli-  -  ir-s  liad  erected  and  maintained  a  market  house  in 
pursuance  of  the  terms  «m  tn.  ■!-  <  d,  for  a  number  of  years,  it  could  use  the  same 
for  other   municipal   purposes;      Hand   vs.    St.    Louis,    158   Mo.    204. 

Ordinances  regulating  markets  and  weights  are  an  exercise  of  the  police 
power:     Lamar  vs.  Weidman,   57  Mo.  App.   507. 

ARTICLE  I. 

OF  NAMES   AND    BOUNDARIES. 

Sec.  141;").  City  market. — The  lot  of  oround  bounded  on  the  north 
by  O'Fallon  street,  east  by  Third  street,  south  by  Biddle  street  and  west 
by  Broadway,  with  the  buildings  thereon,  shall  constitute  and  be  known  as 
the  city  market.     (M.  C,  sec.  1337.) 

As  to  the  rigrhts  of  the  city  under  the  ordinance  relating  to  the  Biddle 
Street  market  and  the  contract  with  the  Harney  heirs,  see  Harney  vs.  St.  Louis, 
90  Mo.  214. 

Sec.  1416.  Uiiioii  market. — City  block  number  one  hundred  and 
twenty-one,  fronting  two  hundred  and  twenty-six  feet  on  tlie  west  side  of 
Fifth  street  (Broadway),  by  a  depth  westerly  of  two  hundred  and  seventy 
feet,  bounded  north  by  Morgan  street,  east  by  Fifth  street  (Broadway), 
south  by  Christy  avenue,  and  west  by  Sixth  street,  with  the  buildings 
thereon,  is  herebv  declared  to  be  a  |)ublic  market,  to  be  known  and  called 
the  Union  Market.     (M.  C,  sec.  1338.) 

Sec.  1417.  Soiilard market.^ — City  block  number  three  hundred  and 
seventy-four,  three  hundred  by  one  hundred  and  fifty  feet,  and  bounded 
north  by  Carroll  street,  east  by  Seventh  street,  south  liy  an  alley,  and  west 
by  Fulton  street,  and  city  block  number  three  hundred  and  eighty-one,  three 
hundred  by  one  hundred  and  fifty  feet,  bounded  north  by  Carroll  street, 
east  by  Fulton  street,  south  by  an  alley,  and  west  by  Decatur  street,  with 
the  buildings  thereon,  shall  be  known  as  v'>oulard  ^larket.  (M.  C.,  sec. 
1339.) 

Sec.  1418.  South  market. — The  northeast  quarter  of  the  block 
bounded  on  the  east  by  Main  street,  west  by  Second  street,  north  by  Schir- 
mer  street,  and  south  by  Franklin  street,  with  the  buildings  thereon,  shall 
be  known  as  South  Market.     (M.  C,  sec.  1340.) 

ARTICLE  II. 

CJF  LOCATION  OF  ST.4LLS,  ST.ANDS  AND  WAGON.S.  ♦ 

Sec.    1419.     Wagfon     Htands,    etc.,    comptroller    to    lo<'ate. — 

Authority  is  given  tiie  com])troIler  1o  locate  wagon  or  market  stands  in 
such  manner  that  those  in  the  same  business  shall  occu])v  conliguous 
spaces.     (JI.  C,  .sec.  1341.) 

•That  stands  and  staUs  can  not  be  authorized  by  ordinance  to  occupy  parts  of 
the  pubUc  street,  see  Schopp  vs.  St.  Louis.  117  Mo.  131.  135. 


ART.    II.  1  Ol''  LOCATION  OF  STALLS.  STANDS  ANO   WAGONS.*  853 

Sec.  1420.  Market  staiuls — re^iilati«»ns  of. — The  sidewalks  and 
space  outside  the  luarketliouses  of  all  markets  are  herebj'  appropriated 
and  set  ajiarl  lor  staiuls  lor  the  saU'  ol'  vej;etables  or  any  otiier  articles 
wliirli  iiiiilcr  lliis  ihapler.  are  ])eriiiissil)le  to  l)e  sold  outside  the  market- 
iiouses,  at  wholesale  or  retail.  Irom  lahles.  vehicles,  or  in  any  other  inan- 
iiei-.  i^acli  siaiid  shall  lie  made  to  occupy  not  less  than  eifjlit  nor  more 
than  twelve  I'eet  alon^  the  Ijuildinj;  line,  nor  more  than  three  and  one-half 
I'eet  deep,  e.xeept  at  Union  Market  on  the  north  side  of  Christy  avenue, 
which  "shall  be  ei<;ht  feet  in  depth;  provided,  however,  that  at  Union  Mar- 
ket, on  the  ISroadway  (Fifth  street)  side,  not li in;;,  herein  shall  be  .so  con- 
strued as  to  inlcifere  wilh  the  ritjlu  of  any  occupants  or  tenants  thereof  to 
u.><e  for  the  iiui-pose  of  reieivinj;  and  shipidng  their  <roods,  the  sjiace  of  five 
feet  inside  of  the  ciirli  line  of  said  Broadway,  beinj;  the  space  now  existin<r 
between  said  curb  line  and  the  row  of  iron  posts  which  support  the  roofed 
covering  over  the  sidewalk.     (M.  C,  sec.  1342.) 

Sec.  IIJI.     .Alarkots— inner  portions,   liow   ustMl All  tli<'  iinici 

jporlion  of  ail  markci  luuises  shall  be  and  are  hereby  set  apart  for  butchers' 
stalls;  but  when  not  needed  for  this  purjiose  may  be  useil  under  the  direc- 
tion of  the  comptroller  for  the  sale  of  fresh,  smoked  or  salted  meats,  bacon, 
liaiii.  sausages,  dressed  fowls  and  all  other  kinds  of  jirovisions  or  goods, 
except  lisli.     (M.  C,  see.  1343.) 

See  St  Louis  vs.  Frelvogel.  95  Mo.  533-539-540,  as  to  this  section. 

Sec.  1422.  Market  waj;ons_si>a<-es  between. — All  wagons  attend- 
ing any  market  shall,  in  taking  their  position  at  any  curbstone,  be  separated 
at  least  three  feet,  in  order  to  allow  pedestrians  to  cross  from  one  side  of 
the  street  to  the  other.     (M.  C.  sec.  1344.) 

Spi'.  1423.  Wood  stands,  ete. — wliere  to  1»«'  l«»<'ate<l. — Eighth 
street,  from  Cass  avciuu'  lu  .Mullauiiliy  street,  and  .Mullaiipliy  street,  from 
i;ighili  street  to  West  Sixteenth  street,  and  all  that  part  of  l'>roadway  from 
t'ass  avenue  to  Howard  street;  also  that  portion  of  Cass  avenue  from 
I$roadway  to  Ninth  street;  also  the  southeast  quarter  of  the  block  in  South 
St.  I.ouis  in  which  the  South  Market  is  located,  are  hereby  set  aside  for 
the  sale  of  coal,  wood.  hay.  lorn.  oats  and  straw  by  the  load,  and  no  other 
place  except  those  above  mentioned  sliiill  be  used  ;is  a  stand  for  the  sale  of 
such  articles.     (M.  ("..  sec.  1.34."i.) 

Sec.  1424.  Farniers'  \vag;ons — sjiari-  ri'.s»'rved  lor. — All  that  por 
tioii  of  Third  street,  on  either  side  thereof,  which  is  between  Christy  ave- 
nue and  its  intersection  with  Uroadway.  and  all  that  poition  of  BT-oadway 
from  its  intersection  with  'I'liird  street  north  to  Howard  street,  and  all  that 
portion  of  OTallon  street  from  Collins  street  to  Sixth  street,  is  hereby  set 
;il>art  for  farmers'  and  other  wagons  bringing  produce  to  market  for  sale; 
provided,  that  a  s|iace  of  ten  feet  shall  be  kept  vacant  opposite  eai-h  store  or 
building,  alternately,  in  such  manner  that  there  shall  be  a  continuous  si>ace 
of  twenty  feet  vacant  opposite  each  of  two  of  such  stores  or  buildings  for 
the  use  of  vehicles  conveying  goods,  wares  or  merchandise  to  and  from  the 
same,  and  it  shall  be  the  duty  of  the  market  master  of  the  city  market  to 
strictly  enforce  the  above  provisions,  and  when  necessary  to  suiamoii  a  siif 
ticient  niimlier  of  police  to  acconi[)lish  that  ol)ject  ;  provided,  further,  that 
farmers'  wagons  shall  occu|iy  the  above  sjiace  only  under  permission  of  the 
market  master,  and  all  persons  owning  or  controlling  space  on  Third  street 
and  on  Broadway  l>etween  the  limits  s[)eciflcil  above,  are  forbidden  to  grant 
such  right  or  to  collect  any  toll  therefor.     tM.  C,  sec.  1340.) 


854  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAI'     IH 

ARTICLE  III. 

OK    I.ICASING   AND    RENTING   OF   STALLS    AND    STANDS. 

Sec.  1425.  3Iarket  stalLs,  etc.,  not  to  be  occupied  witli 
out  license — penalty. — No  per.son  without  a  lease  or  other  proper 
peiniii  lidiu  the  euiiiptroller  or  market  master,  or  whose  lease  or  legal  per- 
mit sli.ili  have  been  forfeited,  shall,  for  auv  jiurjiose,  occupy  any  stall  or 
stand  or  wagon  stand,  in  any  market  or  market  place.  No  person  shall 
make  or  accept  any  transfer  of  any  stand  or  stall  or  wagon  stand,  or  oc- 
cupy the  same  by  virtue  of  such  transfer,  without  the  written  consent  of 
the  comptroller,  and  any  person  who  shall  violate  any  of  the  provisions  of 
this  section,  slvill  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
tliercof,  shall  he  fined  not  less  than  five  nor  more  than  fifty  dollars  for  each 
offense.     (M.  C  sec.  1347.) 

See.    1426.     Market   stall.s,    etc.,   letting   time   of It   shall   be 

the  duty  of  the  comptroller  on  the  first  Monday  of  January  and  July  of 
each  year  to  lease  all  the  stalls  inside  the  .several  city  markets  for  the  term 
of  six  months,  and  on  the  first  ^Monday  of  ilay  and  November  of  each  year 
he  shall  lease  all  other  stands  and  stalls  in  said  market  and  market  jilaces 
for  a  like  term  of  time;  jirovided.  that  before  such  leasing  shall  take  place 
the  comptroller  shall  locale,  cstal)lish  the  term§  of  renting,  and  grade  the 
prices  of  all  surh  stands  and  stalls  according  to  the  different  jiurposes  on 
account  of  whicii  they  are  occui)ied.     (M.  C,  sec.  1348.) 

Sec.  1427.     Market    stalls,   etc.,   conditions    of  letting.— Such 

leasing  and  renting,  of  which  notice  of  at  least  ten  days  of  the  time  and 
place  thereof  shall  be  published  in  the  jiapers  (Mujiloyed  by  the  city,  shall 
be  by  auction,  except  that  occupiers  of  stands  and  stalls  and  wagon  stands 
who  are  not  in  arrears  for  rent  shall  be  entitled  to  re-rent  their  respective 
stands  and  stalls  and  wagon  stands,  at  the  graded  price,  on  complying  with 
all  other  conditions  and  provisions  of  ordinances  relating  to  such  stall  or 
stand  and  wagon  stands;  provided,  that  no  person  shall  be  allowed  to  rent 
more  than  two  stands  or  stalls  or  wagon  standsi,  in  any  market,  nor  re-lease 
or  rent  (o  others  any  jiortion  of  any  stand  or  stands,  wagon  stand  or  stands, 
stall  or  stalls,  without  the  approval  of  the  comptroller,  nor  shall  any  occu- 
pier be  entitled  to  the  right  of  renting  for  a  longer  time  than  five  years,  nor 
shall  stands  whereon  to  sell  meat  by  the  quarter  be  rented  for  a  longer 
time  than  four  months  from  the  first  Monday  of  November  in  each  year. 
(M.  C,  .see.  134!).) 


Sec.  1428.  Market  stalls,  etc. — rent  of,  liow  paid. — Every 
person  bidding  off  or  taking  at  its  valuation  any  stall  or  stand,  shall  at 
the  time  of  so  doing  pay  to  the  comptroller  the  full  amount  of  the  semi- 
annual rent  at  which  he  has  taken  said  stall  or  stand,  and  as  soon  as  prac- 
ticable shall  execute  the  lease  hereinafter  provided  for.  If  he  fail  to  exe- 
cute said  lease  ^^■hen  recjuired  to.  or  fails  to  pay  all  rents  when  due,  or 
otherwise  violates  any  of  the  |iro\isions  of  this  articl(\  or  an.\'  ol'  the  rules 
and  I'eguJations  made  in  pursuance  thereof  in  j'elation  to  stands  or  stalls, 
he  shall  forthwith  foi'feit  such  stand  or  stall,  and  all  that  has  been  paid 
thereon,  without  any  otlier  jirocess  of  law.     Renters  of  wagon  stands  shall 


AUT.    IV. 1  OV  MAUKIOT   .MASTKRS.   APPOINTM  EONT,    POWKK.S  AND   Dl'TllOS.  855 

iu  all  cases,  he  required  tn  |i:iv  iliiir  icnt  seiuianniiall.v  in  advance.  (M.  C, 
set-.   1 :!.".( I.) 

S.c.  l4:J!t.     Markt't  stalls,  vtv,   -wlu'ii  viu-ant,    li«»\v    reiilfd. — 

\afaiit  stands  or  stalls  and  wafioii  liiands  not  rciiicd  as  rcciiiin-d  in  the 
forc^oinf;  sections,  or  wliicli,  liv  rorlcilure  to  the  city  or  any  reason  heconie 
vacant,  may  be  rented  I'oi'  the  hesi  atlainahle  jiricc  and  term  ol'  lime;  jii'o- 
vided,  that  sialls  shall  not  he  rented  lor  less  than  one  month:  hnt  no  I'ees 
shall  he  exacled  fi-oni  farmers  or  ^'ardcners  for  selliii!,'  Iheii-  prodnce  in  the 
market  places  or  pulilic  streets  from  iheir  vehicles,     i  M.  ('.,  sec.  1351. j 

See.  14:!0.       Loasos — to    >vliat    <-<»n(litMMi    sub.j<>ct. — The    nniiiijr 

of  all  stands  and  stalls  and  wajion  stands,  shall  lie  snhject  to  the  condi- 
tions that  the  iea.se  therel'or  may  he  cancelled  liy  the  city  at  any  time  alter 
thirty  days'  notice  to  the  lessee,  and  returning;  to  liim  the  pro|iortioiiate 
anioiinl  of  rent  ]iaid,  accordiiif;  to  the  unexpired  lime  of  the  lease.  (M.  C. 
sec.  KJ.")!*. ) 

Sec.  1431.     ^larket  stalls,  etc lease  with  security  when   re- 

<|llir<Ml. — livery  lessee  of  a  slall  or  stand  to  he  n.sed  for  a  lonjier  jieriod 
than  three  nionths,  shall  t>xecute  a  lease  therefor  with  two  good  securities, 
to  he  apjiroved  hy  the  coinjitroller,  for  the  payment  of  all  rents  semi-au- 
nually  in  advance,  and  tlie  performance  of  all  other  ohlipations.  under  this 
article  and  the  lease;  and  non-payment  of  any  rent  when  due.  or  any  other 
failure  to  comply  with  the  conditions  of  the  h'ase  or  this  article  hy  any 
lessee,  shall  work  a  forfeiture  (>(  said  lease  and  tlu'  stall  or  stand.  (M.  (y., 
sec.  i:'..'.:!. ) 

See.    1432.      >larket    staiuls — contract    of    sale  of — cancelled 

when. — The  comptroller  is  hereby  authorized  for  ^^ood  and  sufticieiit  cause 
III  rancel  any  <'ontract  made  for  stalls  or  stands,  or  waj^on  stands,  and  to 
relet   the  sjime.  as  by  ordiname  |iiii\  ided.      i  .M.  t"..  sec.  i;{r)4.) 

See.  1433.  Market  stands— vacated — how. — The  eoinptroller 
with  the  ajiproval  uf  the  mayor,  is  hereby  authori/.ed  to  vacate  and  abolish 
any  stand  or  stall  and  waj;on  stand  in  any  city  market  as  in  his  opinion 
the  interests  of  the  |iublic  or  market  may  seem  lo  demand;  jirovided.  that 
said  vacatin;;  or  abolishing  siiall  always  be  done  at  the  expiration  of  Ihc 
lease  or  term  for  which  the  rent  has  been  jiaid,  and  after  at  least  thirty  days' 
notice  to  the  occupant  ihcieiif.     i  M.  ('.,  sec.  I.'!.".".'! 

ARTICLE  IV. 

OF   MARKET    MA.STERS — APPOINTMENT,    POWERS    AND    DUTIES. 

Sec.  1434.  ^larket  masters— appoint nu'nt — salaries— subordi- 
nates. — The  several  market  masters  of  the  markets  herein  named  shall 
be  ajipoiiited  by  the  mayor  and  conlirmed  by  tlie  eonneil.  and  hold  tlieii' 
respective  itositions.  as  provided  in  section  two.  article  four  of  the  charter. 
:ind  until  their  successnrs  are  duly  ap|iointed  and  i|ualitie)I.  and  shall  give 
blind  to  the  city  in  the  sum  of  one  thousand  dollars  each,  with  two  uv  more 
good  and  suflicienl  .securities,  owners  nf  nnincundiered  re^l  estate  in  the 
city,  to  be  approved  by  the  mayor  and  council,  and  shall  receive  as  full 
«"oni|x>nsation  for  their  .services,  viz.:  the  market  master  of  rnion  Market, 
<»iie  tliousand  dollars  per  annum;  tlie  market  master  of  City  Market,  nine 


856  REVISED  CODE  OR  GENERAL  ORDINANCES.  (CHAR    16. 

huiul-ed  dollars  per  animiu ;  the  market  master  of  Soulard  Market,  seven 
Ijuudred  twenty  dollars  per  annum;  the  market  master  of  South  Market, 
seven  hundred  twenty  dollars  per  annum;  the  number  and  salaries  of  the 
several  market  sweejjers  in  said  markets,  who  shall  be  appointed  b}"  the 
respective  market  masters,  and  contirmed  by  the  comptroller,  shall  be  as 
follows,  viz.:  Union  Market,  four  sweepers  at  six  hundred  dollars  each; 
City  Market,  two  sweei)e;'S,  five  huudred  forty  dollars  each;  and  for  a 
jieriod  of  not  to  exceed  four  months,  commencing  November  first  each  year, 
the  market  master  at  City  Market  is  authorized  to  appoint  two  additional 
assistants  to  act  as  weighers,  to  be  approved  by  the  comptroller,  at  a  salary 
of  not  to  exceed  fifty  dollars  per  month,  each;  Soulard  Market,  one  sweeper 
at  five  hundred  dollars;  the  ^outh  Market,  one  sweeper  at  five  hundred 
dollars;  to  be  in  full  compensation  for  Their  services  per  annum,  all  i)ayable 
monthly.  The  market  master  of  the  Union  ^Market  is  hereby  authorized  to 
designate  one  of  the  sweepers  of  said  market  to  act  as  deputy  market 
master  of  said  market  in  his  absence,  and  for  whose  official  acts  the  market 
master  shall  be  responsible.     (M.  C,  sec.  13oG.) 

Sec.  1435.  Duties  of  the  market  master — -It  shall  be  the  duty  of 
each  market  master  in  the  market  for  which  he  is  appointed:  First,  to 
exercise  a  general  supervision  over  the  market-house  and  market  ])lace,  and 
to  enforce  the  regulations  established  for  the  government  thereof:  second,  to 
assign  places  to  wagons  or  persons  attending  the  market  and  enforce  order 
among  them ;  third,  to  exercise  a  genera  1  care  and  custody  of  the  market- 
house  and  all  appurtenances  thereof;  fourth,  to  examine  the  quality  of  all 
articles  offered  for  sale  in  the  market,  and  to  seize  all  blown,  unsound,  dis- 
eased, impure,  or  unwholesome  articles  exjiosed  for  sale:  fifth,  to  examine 
weights  and  measures  of  all  articles  ex])osed  for  sale,  and  to  seize  all  Mhich 
are  of  less  weight  than  represented  by  the  seller  according  to  the  jirovisions 
of  this  article;  sixth,  to  enforce  order  in  the  market  place,  and  decide  all 
dis{)utes  that  may  arise  between  buyer  and  seller  touching  the  weight  or 
measure  of  any  article;  seventh,  to  attend  at  the  market  every  day  during 
market  hours;  eighth,  to  receive  from  the  comptroller  ])rinted  tickets  for 
rent  of  stands  and  stalls  and  wagon  stands  for  short  ]ieriods.  and  sign  and 
deliver  same  to  renters  of  stalls  and  stands,  and  to  collect  money  theref(U-, 
ninth,  to  i)ay  into  the  city  treasury  all  moneys  received  by  him  on  account 
of  the  city,  at  least  once  in  each  week,     CSl.  C.,  sec.  1357.) 

See.  1436.     Powers  of  market  masters To  secure  an  efficient 

performance  of  his  duties,  each  market  master  is  invested  with  full  power 
and  authority  to  summarily  enforce  all  ordinances,  rules  and  regulations 
in  all  matters  connected  with  the  market  for  which  lie  is  a])])ointed,  and 
all  persons  are  required  to  obey  his  rules,  regulations  and  directions  in  all 
such  matters.     (M.  C,  sec.  1358.) 

Sec.  1437.     Market  masters  to    superintend   cleaninjj,   etc. — 

The  market  mastei-s  shall  superintend  the  cleaning  of  the  market  and  mar- 
ket i)laces  for  which  they  are  respectivi^ly  ajipointed,  and  cause  the  streets, 
footways  and  market  ]daces  to  be  sitrinkled  with  water  whenever  it  shall 
lie  necessary  to  prevent  and  lay  the  dust,  and  for  that  purpose  may  use  the 
water  from  the  waterworks,  and  use  the  hose  provided  by  the  city.  ^M.  C, 
sec,  1359.) 

Sec.  1438.     Market-houses— cleanliness  of  to   be   eiiforeed — 

— The  market  masters  shall  cause  the  market-honse  and  market  jilaces  to 
which  they  shall  be  respectively  ajipointed  to  be  thoroughly   cleaned,  and 


AUT.    IV  1  OI-  .MAHKirr  .MASTKHS,  APPOINTMICNT.   POVVICRS  ANI>   lU'TlES.  857 

all  the  tiltli  to  be  reuioved  therefrom  by  the  suaveugers  eiuployed  for  that 
purpose  by  the  eity,  aud  keep  the  footways  and  stcjis  in  tlic  winter  season 
th-AV  (if  ice  and  snow,     i  M.  (\,  see.  i;!(iil.  i 

See.  14;>".t.  >larkt*t  niiiHters,  scalt'.s  to  b«*  kt>|»(  by — 
rharjre — no  one  else  to  \vei};li — penalty. — lOadi  market  master  shall 
keefi  as  many  scales  ami  otlu-r  implemenls  for  weijiliinu.  duly  stain[)ed  and 
ccrtilii'd  by  the  inspeclor  of  \\ci;,'lils  and  measures,  as  may  be  necessary  to 
conveniently  do  all  the  weij;liinf;  in  said  market,  and  shall,  whenever  re- 
quesled,  weii;li  all  articles  belon-iin^j  to  marketers  and  olhers  intended  for 
siile.  and  shall  eharj;e  the  cents  lor  each  separate  and  sinj^le  article,  to  be 
paid  by  the  jierson  or  party  re(]uesting  the  same  to  be  weighed,  which  fees 
shall  U'  paid  weekly  into  the  city  treasury.  Any  person  who  shall  weigh  an 
article  of  marketing  within  the  market  places,  excei)t  the  market  master, 
or  his  U'gal  deputy,  and  charge  therefor,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof,  be  lined  iiol  less  than  twenty  nor  more 
than  one  linndred  dollars  for  each  oll'ense.     (Jl.  C,  sec.  13()1.) 

See.  1440.     >Iarket    niastor.s — seiznres  by — sale  of  berries. — 

It  shall  be  ilu'  duty  of  the  market  master  to  seize  all  articles  olfered  for  sale 
in  any  market  which  are  prohibited  by  ordinance,  or  which  are  e.xposed  for 
sale  without  the  venders  having  |(ro|K'r  autlioiil,\  lliereror  under  the  ordi- 
nance; or  where  such  article  or  thing  is  sliorl  in  wciglil  vv  measure  ac- 
cording to  the  representation  of  the  venders;  all  which  articles  or  things 
so  seizeil  shall  be  forfeite<l  to  the  city  aud  sold  at  pid)lic  outcry  by  the 
market  master,  aud  the  proceeds  i)aid  into  the  city  treasury;  provided,  that 
nothing  in  this  article  shall  be  so  construed  as  to  prevent  the  sale  of  every 
description  or  kind  of  berries  and  tender  fruits  by  the  package,  and  said 
|i,ickage  shall  not  be  reijuired  to  be  gauged  or  slamped  by  the  insjiector  of 
Weights  and  measures,  nor  forfeited  for  short  weight  or  measure,  but  shall 
be  weighed  or  measured  ai   llie  option  of  llie  buyer.     ( .M.  ('..  sec.  1IJ()2.) 

Sec.  nil.  >Iarkel  masters  niiiy  reniovi'  eerlain  persons — 
spe«'ial  policeman.  —  It  is  hereby  made  the  iluly  of  each  market  master 
ici  order  or  rciiiuse  from  the  market-house  or  market  place,  in  a  summary 
manner,  any  person  who  is  guilty  of  any  vioienl.  lurbulent,  or  disorderly 
comiiict,  or  who  shall  iu  any  way  interfere  with  him  or  disturb  the  mar- 
k<'ters.  or  buyers;  or  who  shall  violate  or  refuse  lo  id)ey  any  ordinance,  rules 
or  regulations  for  the  government  or  management  of  the  markets  and  luar 
k(>t  [)laces;  or  who  shall  expose  as  if  for  sale,  sell  or  attempt  to  sell  anything 
in  the  market,  or  market  places,  that  is  |irohibiled  b\  ordinance;  or  who 
shall  sell  or  oiler  for  sale,  or  exjiose  as  if  intended  for  sale,  anything  in  the 
market  or  market  place  without  lirsi  having  obtained  a  license  or  other 
proper  authority  so  to  do,  according  to  the  s])irit  and  intent  of  this  chap- 
ter; and  for  the  juirpose  of  enabling  the  market  masters  of  the  several  nuir- 
kefs  more  etTeetiuilly  to  carry  out  the  provisions  of  this  chapter,  it  shall 
be  the  iluty  of  each  respectively  to  ajijily  for  and  obtain  an  appointment 
from  the  jiolieo  conunissiouers  as  special  jiolicemen.     (  M.  ('..  .sec.  i:{(i:}.) 

See.  1442.    OiVendersto  be  arrested It  is  hereby  made  the  special 

duty  of  all  market  masters  and  the  police  to  arrest  all  persons  found  in  the 
act  of  violating  any  of  the  |irovi.sions  of  this  chapter,  and  bring  them  before 
the  police  justice  of  the  district  in  which  the  market  may  be  located,  and 
upon  information  iM-ing  tiled  by  any  other  jierson  that  he  has  good  reasons 
to  belie\e  and  does  believe  that  any  person  has  been  guilty  of  violating 
any  nf  the  provisions  of  this  chajtler'.   the  police  justice  of  the  district  in 


858  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.    16. 

which  the  market  may  be  located  shall  issue  his  warrant  to  the  marshal 
diiectiu};  him  to  bring  him  the  aforesaid  offender,  who  shall-  be  dealt  with 
as  in  other  cases  of  breach  of /city  ordinance.     (M.  C,  sec.  1364.) 

See.  1443.  Penalty. — Any  person  who  shall  violate  any  of  the  pro- 
visions of  this  chapter,  or  who  shall  fail  to  comply  with  any  of  the  rules  or 
regulations  prescribed  herein  or  established  by  virtue  hereof,  or  who  shall 
fail  to  obey  any  proper  order  of  the  market  masters,  respectively,  in  rela- 
tion to  the  several  matters  under  their  charge  or  supervision,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  when  no 
other  penally  is  prescribed  in  this  chajiter.  shall  be  fined  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars.     (M.  C,  sec.  130.1.) 

ARTICLE  V. 

OF  RULES  AND   REGUL.A.T10NS. 

Sec.  1444.  Hours  of.  — All  the  markets  aforesaid  shall  be  open  for 
the  sale  of  all  meats,  ^•egetables.  victuals.  i)rovisions  and  all  other  articles 
allowed  to  be  sold  therein,  from  four  until  eleven  o'clock  a.  m.,  and  from 
two  until  ten  o'clock  p.  m.,  every  day  during  the  year  (Sundays  excepted  I  ; 
provided,  that  it  shall  not  be  lawful  for  any  market  to  be  opened,  or  any- 
thing therein  sold  or  exposed  for  sale  on  Sundays.     (M.  ('..  sec.  1366.) 

Sec.  1445.  Lights  to  be  kept — The  market  masters  of  all  the  mar- 
kets are  re(|uired  to  keeji  at  least  t^\■(l  lights  burning  in  said  markets  re- 
spectively the  whole  of  each  night  during  the  year.     (JI.  (\,  sec.  1367.) 

Sec.  1446.     Time  of  i'losins"  market-houses — liow  announced. 

— Each  nmrket  master  shall  lie  provided  with  a  bell,  and  shall  announce  by 
the  ringing  thereof  the  closing  of  the  market-house  at  least  ten  minutes 
befoi'c  the  time  lor  closing.     (.M.  ('..  sec.  1368.) 

Sec.  1447.     Lessees  of  stalls — duties  of,  on  closinj?  market. 

— Every  lessee  or  occupier  of  a  stall  or  stand  in  either  market  shall,  within 
thirty  minutes  after  the  ringing  of  the  b(»ll  as  aforesaid,  cause  his  vegeta- 
bles, ju'ovisions,  and  vehicle  if  he  has  one,  or  other  things  to  be  removed 
from  the  market  place,  and  his  stall  or  stand  to  be  thoroughly  cleaned,  and 
all  animal  or  vegetable  oftal  and  rubbish  to  be  removed  from  the  market 
place,  and  each  butcher  shall  cause  his  tables,  meat  block,  and  other  fix- 
tures to  be  thoroughly  scraped  and  cleaned.     (M.  C,  sec.  l309.) 

Sec.  1448.     Hydrant   to  be   provitled — sales    nnist   be   during 

hours.  — Each  market  shall  be  supplied  with  a  hydrant  for  the  use  of 
pei'sons  attending  the  market,  and  no  provisions  or  other  thing  shall  be 
sold  in  the  market  except  during  market  hours.     (M.  C.  sec.  1370.) 

Sec.  1449.  Regulations  concerning  meat  sales. — No  person  ex- 
cept the  lessee  of  a  stand  or  stall  .shall  sell  or  otter  for  sale  in  the  market 
any  fresh  or  salted  meat  of  any  kind,  and  no  person  being  the  lessee  of  a 
stall  or  stand  shall  sell  the  same  by  the  quarter  or  in  less  quantities  than 
one-quarter,  excejit  at  the  stall  of  which  he  is  lessee,  and  such  sales  shall 
otherwise  be  made  in  conformity  with  the  r(>gulations  pi-cscribed  by  this 
chapter.     (M.  C,  sec.  1371.) 


AHT.  V.|  OF  lU'LKS  AND  KKIU'I.ATIONS  OF  MAltKKTS,   ICT(.'.  85<J 

Sec.  1450.  Stands — re.s(ricti«nis  in  u.se  of — Anv  staiid  o\-  stall 
(Hit.side  of  any  iiiarki'tlKHi.sc  may  lie  ii.sot.1  <ii-  ciiiiiloyed  for  tlu'  sale  of  poul- 
try, game,  vegetahless,  fruits,  colfee.  or  of  her  articles,  except  fresh  meat. 
(  M.  C,  sec.  1372.) 

See  St.  Louis  vs.  FrelvoRi'l.  »,">  Mo.  .-.S3.  1.  o.  5S9. 

Sec.  1451.  Sales — outside  of  niarkot.  Nothiin;  in  iliis  chapter 
.shall  lie  construed  to  jirevent  any  farmer  or  jprodm-er  from  selling  his  meat 
by  the  (juarter.  or  any  person  who  follows  the  linsiness  of  jiacUiiig  heef  and 
pork,  from  selling  bacou.  shoulders,  hams  and  sides  of  their  own  ctiring, 
or  s]iare-ribs  or  sausage  meat  in  the  winter  months,  or  any  ])erson  from 
selling  wild  game  not  otherwise  prohibited;  jirovided.  that  such  sales  are 
made  outside  the  market  and  market  places.     (.M.  (".,  sec.  i;?73.) 

See.  1452.  Sale  of  dis<'ased  animals  forbid«lon. — No  persou 
shall  sell  or  e.vpo.se  for  sale  in  the  market  or  any  oilii-r  jpiace  within  the  cor- 
jiorate  limits  of  the  city  any  sick  or  di.seased  live  animals  for  the  purjiose 
and  with  the  design  that  the  same  shall  be  slaughtered  and  u.sed  for  food, 
knowing  or  having  reason  to  believe  the  same  to  be  sick  or  diseased,  i  .M.  ('., 
.•<ec.  i:!74.) 

See.  14.');{.     Sale  of   unsound    meat  ete.    prohibited— i>enalty. 

— No  person  shall  e.xpo.se  or  ollVr  for  sale  in  market  or  any  otiier  place 
within  the  corporate  limits  of  the  city  the  tiesh  of  any  animal  which  was 
sick,  overheated  or  run  down  by  dogs  or  otherwise  at  or  before  the  lime 
the  same  was  butchered  or  slain,  or  which  died  a  natural  death,  or  was 
killed  by  accident,  casualty  or  otherwise  than  the  usual  manner  of  slaying 
animals  for  food,  nor  shall  any  jierson  sell,  expose  or  otl'er  for  sale  in  this 
city  any  jiutrid.  l)lown.  ])lated,  raised,  stulfed  or  unsound  me.it.  Ilesli.  eggs, 
|>oultr\  or  other  articles  of  food,  nor  shall  any  person  in  this  city  sell,  ex- 
pose or  otVer  for  sale  the  tIesh  of  any  bull.  boar.  ram.  dog,  cat  or  other  ani 
mal  not  commonly  deemed  wholesome  for  food.  The  market  master  shall 
seize  any  article  in  this  section  mentioned  which  he  may  tind  in  tlie  market 
and  cause  the  same  to  be  condemned,  anil  removed,  and  if  the  jierson  olTer- 
ing  the  same  i>e  lessee  of  the  stall  or  stand  his  lease  shall  be  forfeited  and 
lie  shall  never  be  permitted  to  lease  or  occupy  a  stall  or  stand  tlier<>after 
in  any  market,  and  such  jierson  so  olfending  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  shall  be  lined  not  less  than  twentv- 
live  nor  more  than  one  hundred  dollajs.     (M.  <"..  sec.  i:!7.">.  I 

Sec.  1454.  >Iarket  idaee — animals  not  to  he  tiriven  into 
-olVal  to  be  Uvpt  «)»l'.  — No  person  shall  ride.  lead,  drive  or  place  any 
horse  or  other  animal  into  oi-  njion  any  market,  market  ]>lace,  or  footway 
pertaining  thereto,  or  kill  or  slaughter  any  animal  in  market,  or  tlirow  or 
de](osit  any  animal  or  vegetable  olfal.  tilth,  meat,  dead  animal  or  fowl,  fish 
or  any  nauseous  sidtstance.  in  any  markethoiise  or  market  jiiace.  or  streets 
or  street  or  sidewalks  adjoining  said  marketer  markit  ])laies.   (M.  ('.  sn-  i:!77.) 

As    to    kpopinc    offnl.    ^iirhuf;!'     rUtli    and    dfail    anlnnils    off    str-ots    ami    .-ildc- 
«-nll<s.  see  R.  C.  sees.  685.  688.  1198. 

Sec.  14.1.").       >larket    plaee — vehi<'Ies    to    be     removed     from, 
when. — Whem-ver  any  person  shall  have  sold  or  ilisjiosed  of  the  co'nmodi 
lies  liii>ught  by  him   to  market  for  sa.le.  he  may  be  reipiired   to  remove  his 
vehicle  from  the  market  ]>Iace  fortinvith.     (M.  ('..  sec.  i:{77.) 

Sec.  1450.     Hefreshments,  where  sold ("ofTee  and  other  refresh- 
ments m.ny  be  served  at  such  stands,   in   anv  of  tlie  citv   iriarkets.  as  mav 


860  REVISEU  CODE  OR  GENERAL  ORDIX.\NCES.  [CHAP.    16- 

be  designated  by  the  markcl  master  and  ajiproved  by  the  comptroller,  sub- 
ject to  the  provisions  of  this  article.  Imt  no  person  shall,  in  the  niartet. 
sell  or  give  away  any  wines  or  spirituous  or  fermented  liquors.  (M.  C, 
sec.  1378.) 

Sec.  1457.     Stalls — how  painted  by  lessees.— Each  butcher  reut 
iug  stall  in  any  njarket  shall,  as  a  condition  of  such  leasing,  be  bound  semi- 
annually to  jjaiut  his  stall  such  a  cotor  and  at  such  a  time  as  he  sJiall  be- 
required  by  the  comptroller;  provided,  that  all  stalls  in  each  market  shall 
be  of  a  uniform  color.     (M.  C,  sec.  1379.) 

See.    14.58.      Fires    in    without    permission,    prohibited. — No 

person  shall,  during  market  hours,  kindle  or  burn,  in  or  about  any  market, 
any  fuel  without  permission  from  the  market  master,  or  iu  any  other  place 
thau  that  designated  by  him,  except  that  charcoal,  under  the  direction  of 
the  market  master,  ma.y  be  burned  in  movable  earthea  or  metallic  vessels, 
so  constructed  and  placed  as  effectually  to  prevent  danger  to  any  wood 
work  in  the  vicinity  or  inconvenience  to  persons  passing.     (M.  C,  sec.  13S0.) 

See.  1459.  Lounj^inji"  forbidden. — No  person  not  having  lawful 
business  in  market  shall  sit,  lounge,  stand,  walk  or  lie  in  or  about  the 
market  place.     I  M.  (/..  sec.  1381.) 

Sec.  1460.  Market  place — intoxi<'ated  persons  forbidden 
access  to. — Mo  peisou  in  a  state  of  intoxication  shall  go  upon  a  market 
place.     (M.  C,  sec.  1382.) 

Sec.  1461.     3Iarket  place — dogs,  etc.,  to  be  exclude<l  from. — 

Ko  person  shall  bring,  or  sutler  to  come  with  him,  into  or  upon  any  market 
jdace,  during  market  hours  anv  dog  or  unruly  or  dangerous  aninml.     ( M.  C, 

sec.  "1383.) 

Sec.  14()2.  Animals— full  j?rown — Avhere  to  be  sold. — No  per- 
son shall  sell.  ex])Ose  or  oiler  for  sale,  in  market.  aTiy  horse,  cow,  ox,  mule, 
jack  or  hog,  or  t)ther  full-grown  animal,  except  at  such  places  as  the  market 
master  may  direct.     (M.  (.'.,  sec.  1384.) 

Sec.  1463.  Butter,  etc. — by  what  weight  sold. — Butter,  lard  and 
honey  sold  in  maiket  slmll  bt  sold  by  weight,  avoirdupois.  (M.  C,  sec. 
138;").) 

Sec.  14()4  Sale — exposure  for,  what  to  constitute, — Wlien- 
ever  any  article  shall  be  exhibited  iu  market,  as  if  the  same  were  intended 
for  sale,  whether  sold  or  not,  or  directly  offered  for  sale  or  not,  such  exhi- 
bition shall  be  held  to  be  an  exj)osure  of  the  same  for  sale,  and  an  offer  to 
sell  within  the  meaning  of  this  chaptei'.     i  M.  C,  sec.  138(1.) 

Sec.  1 !().").     Market  .stall^jjrounds  of  forfeiture  of  lease  of.  — 

If  the  lessee  of  any  stand  or  stall  fail  for  six  consecutive  days  to  expose  for 
sale,  at  his  stand  or  stall,  articles  usiuilly  sold  thereat,  unless  such  failure 
he  proven  to  the  satisfaction  of  the  comptroller  to  have  been  caused  by  sick- 
ness, or  other  utmvoidable  circumstances,  his  lease  shall  be  forfeited.  (M. 
C,  sec.  1387.) 

See.  14C6      Market  stall— further   grounds   of   forfeiture   of 

lease     of. — If  any  lessee  or  renter  of  any  stall  or  stand,  or  wagon  stand. 


AKT.    v.]  OK   RI'IJCS   ANI>   UKr.l'LATIONS  OK  MAHKIOTS.  ggl 

be  twice  conviclfd  u(  viohitinj;  aiiv  ordiiiiiiu-e  in   ivhilioii   to   iiiai-i«'ts,  his 
Ipnse  slijtil  1)0  adjiid^ictl  to  l)o  foi-ffitod.     (  M.  C.  sec.  1388.) 

8»'f.  1107.  Artu'U' — appli<'iiti«>n  of  pr«»\isions  «»f.  — The  jjiovis- 
ioiis  ol'  lliis  article  aic  di'claicd  lo  a]ipl\  ii>  all  inarUcls  in  iliis  city,  except 
wlu'i'c  tlif  same  afe  coiiliiicd  in  terms  or  by  context  to  a  paflicnlaf  inafket; 
and  tiie  inai'ket  masters  ol'  pfivate  markets  ai'c  invested  with  the  same 
|M)\\ei'.  and  i-eqiiii-ed  to  |ierform  the  same  duties  as  the  market  masters  of 
the  markets  owned  bv  the  citv  are  invested  witli  and  fe(|iiii'ed  to  i)erforni. 
i.M.  C.  sec.  i:?S!).) 

Sec.  14(58.  Sal»'s_fiir(lH>r  rrjinlalioiis  on. — No  grocer,  huckster 
"or  oilier  jierson  shall  sell  or  oiler  I'or  sale  in  any  market  or  market  place  any 
produce,  vefjetables  or  fruits,  or  other  articles  luirchased  within  the  city 
limits  dnriii;;  market  hours,  and  all  larmers.  };ardeuers  and  (iroducers  are 
hereby  authorized  to  .sell  it  during  market  hours  in  any  market  subject  to 
tlie  provisions  of  this  cha|)ter.     (M.  C.  sec.  1300.) 

Scr.  14(>'.>.     Struclurt's  —  as  iiulcpeiuleiit   rooms  rorl»itl(l<-ii. — 

The  compl roller  shall   not  allow  any  shanty  or  structure  in  the  nature  of 
an  independent   room  to  be  built   in  any  market   i)lace.     (M.  ('..  sec.  1391.) 

See.  1470.  Coiiipt roller — tfeiioral  supervision  to  be  exereised 
1».V — wlial  striH'tim's  proliil)it<><l. — All  in-oceediniis  lor  the  collection 
and  return  of  market  rents,  lor  the  enforcement  of  ordinances  and  other 
proper  regulations  for  the  control  and  management  of  the  markets  and 
business  therein,  for  the  appointment,  location  atid  leasing  of  all  stalls  and 
stands,  and  for  the  construction  of  all  tables,  lixtures,  re]iairs,  changes  and 
improvements,  and  the  employment  ot  all  assistants  therein  shall  be  under 
the  supervision  of  the  comptroller;  but  no  shanties,  inclosures.  stands,  tix- 
fures  or  improvements  shall  be  erected  or  iiermitted  in  the  market  or  market 
]>taces  that  are  shabby,  unsightly  or  inconsistent  with  the  general  character 
of  said  markets,  respectively,  or  their  improvements  or  surroundings.  (M. 
v..  .sec.  1. •!!>!'.  I 

Sec.  1471.  Conipt roller — further  reg^iilat Ions  hy,  autliori/.e<l 
— duties  of  market  -  master.  -In  addition  to  the  rules  ami  re;;ula 
tions  prescribed  by  this  chapter,  authority-  is  hereby  given  to  the  comptrol- 
ler, and  it  is  mad<'  his  duty,  to  make  all  other  needful  rules  and  regulations 
tonrhing  the  designation,  location  and  arrangement  of  all  stalls  and  stands, 
and  for  the  arrangement,  stationing  and  removal  of  all  wagons,  carts  and 
other  vohicle-s  used  or  brought  within  the  limits  of  the  respective  market 
places,  and  for  the  control  and  management  of  the  business  in  said  market 
not  inconsistent  with  this  chapter;  and  it  shall  be  the  duty  of  the  several 
market  masters  to  carry  out  and  enforce  all  such  rules  and  regulatiims  pro- 
vided for  the  markets  :is  herein  jirescribed.      iM.  ('.,  sec.  1303.) 

Sec.  1472.  IJegiilal  ioiis  pii  Ul  iral  ion  ol,  lo  Ix-  mad*'. — Imme- 
diately after  the  making  of  any  rules  and  regulations  for  either  of  the 
markets  it  shall  Ik-  the  duty  of  the  register  to  cau.se  such  rules  and  regula- 
tions to  l)e  printed  in  hand  bill  form  in  sufficient  numbers  for  jiosting,  and 
deliver  the  .same  to  the  market  masters,  respectively,  to  bc^  posted,  atul  they 
shall  post  up  the  same  in  the  most  |inblic  and  conspicuous  places  in  and 
about  the  several  markets  and  market  places,  and  each  market  master  shall 
keep  posted  u|i  in  a  conspicuous  place  in  his  office  a  cojjy  of  all  the  rules 
and  regul.ilions  made  in  pursuance  thereof  for  each  and  all  the  market 
hiiii-ii-i  and  market  places,  respectively,  within  the  city.     ( .M.  ('.,  sec.  i;!04,) 


862  REVISED  CODE  OR  GENERAL  OKDIXANCES.  [CHAP.    lt>. 

ARTICLE  VI. 

OF  MEAT   SHOPS.* 

See.  1473.  License  to  conduct  nece.sstiry. — No  jicrsou,  jiei-isous  or 
copartnersliip  of  jiersons  shall  open  or  keep  a  meat  shop  in  the  city  without 
tirst  haviiij;  obtained  a  license  therefor,  and  any  person,  per.sons  or  copart- 
nership of  jiersons  doiny  business  as  a  meat  shop  keeper  or  keepers  shall 
pay  an  annual  license  of  fifty  dollars  in  advance;  and  said  annual  license 
shall  be  jiayable  on  the  first  day  of  July  of  each  year;  and  each  license 
issuetl  shall  date  from  the  first  day  of  July  of  each  year;  which  license  shall 
authorize  and  empower  such  person,  jjersons  or  copartnership  of  persons 
to  sell  in  their  shops  all  kinds  of  fresh  and  salt  meat,  fresh  and  salt  fish, 
sausage  and  satisage  meat  whether  made  by  them  or  not.  and  also  all  kinds 
of  fowl  and  game  in  their  proper  seasons  that  is  not  ]>rohibited  being  sold 
or  offered  for  sale  by  any  ordinance  of  this  city  or  law  of  this  state,  all 
kinds  of  vegetables  or  fruits,  in  large  or  small  (juantities.  for  one  year  frou) 
the  first  day  of  July,  preceding  its  issuance,  and  it  is  hereby  provided  that 
the  owners  of  meat  shops  who  have  paid  their  license  may  be  permitted  to 
deliver  meat  in  a  wagon  or  i)ther\\ise,  without  taking  out  an  additional 
license  therefor.  If  any  jierson,  persons  or  copartnership  of  ])ersons  shall 
exhibit  for  sale  or  otter  for  sale  any  of  the  above  enumerated  articles  (vege- 
tables and  fruit  excepted)  in  any  market,  stall,  place  or  shoj)  in  this  city, 
whether  sold  or  not,  such  person,  persons  or  copartnershi]i  of  persons  shall 
be  considered  to  be  meat  shoj)  keejiers,  as  herein  defined,  and  shall  be  ad- 
judged to  be  such  in  the  full  meaning  of  this  section;  and,  provided,  further, 
that  nothing  in  this  section  shall  be  construed  as  to  include  grocers  who 
sell  ham.  shoulders,  dried  beef,  bacon,  salt  fish  and  snu)ked  sausage.  (M. 
C,  sec.  1395.) 

T-Tnder  its  charter  provisions  the  City  of  St.  Louis  has  authority  to  im- 
pose the  license  tax:  St.  Louis  vs.  Freivogel,  95  Mo.  533  and  cases  cited  tliere. 
Sucli  a  license  held  not  invalid  as  containing  discriminations  in  favor  of  grocers 
and  because  classifying  butchers  as  meat-shop  keepers:  St.  Louis  vs.  Freivogel. 
supra:  but  the  license  must  be  substantially  uniform  in  its  application  and  oper- 
ation, throughout  the  city,  and  not  operate  unequally  in  certain  sections  of  thf 
city:  St.  Louis  vs.  Spiegel.  DO  Mo.  5ST  (reversing  16  Mo.  App.  210);  St.  Louis  vs. 
Spiegel,  75  Mo.  App.  145    (reversfng   &  Mo.  App.  4TS). 

While  a  butcher  is  one  who  slaughters  and  dresses  for  market,  yet  an  ordi- 
nance may  enlarge  the  use  of  the  word  to  include  the  keeper  of  a  meat-market: 
Rockville  vs.  Merchant.  60  Mo.  App.  365.  An  occupation  license  for  revenue  pur- 
poses (meat-shop  license  in  this  case),  issued  to  a  firm,  is  a  protection  to  one  of 
its  members  who  continues  to  prosecute  the  business  at  the  old  stand  upon  the 
retirement  of  his  co-partner  from  the  business,  where  there  is  nothing  in  the 
ordinance  itself  to  indicate  a  different  purpose:  St.  Charles  vs.  Hackiii.in.  133 
Mo.  634.  644. 

Sec.    1474.     License    to    contain   wliat — rej?ister — transfer — 

Every  license  shall  contain  the  name  of  Ilic  person  in  whose  favor  it  is  is- 
sued, and  shall  designate  the  location  of  the  meat  shop.  The  license  col- 
lector shall   keep  a   register  of  all   such   li-censes.   and   no  license  shall   be 


•Charter  authority  for  city  to  establish  and  regulate:  Art.  Ill,  .sec.  26.  clause 
third;  see  next  note.  Regulation  of  meat  shops  by  the  city  is  within  its  powers, 
if  such  regulations  are  not  unreasonable:  St.  Louis  vs.  Weber.  44  Mo.  547.  See 
also  St.  Louis  vs.  Delassus.  (sup.  ct.  .Tiily  2.   1907.  not  at  this  writing  reported). 


AltT.    \11  1  OF  RKGULATIONS  CONCERNINT,  THF.  SAI^IO  OK  CA.MK.  863 

frauBferred,  iior  tlic  locatiiui  ol'  the  meat  »\\o\i  clmii;;!'!!,  wirlioiil  the  written 
I'onseiit  of  tlif  licciisi-  <'()lltMli)r.  and  tlie  a|i|ir(ival  til'  the  (.•oiiii)lrulk'r  in- 
diirsi-il  Dii  said  license;  provided,  iliat  no  sutli  Iransler  sliaii  l)e  made  ex- 
cejil  l'«)i'  liie  liona  tide  sueeessor  in  linsiuess  u(  Itic  holder  ol'  sueh  license 
desired  to  lie  IranslVrred.  The  license  shall  he  and  remain  dnriiif;  its  con- 
tinnani-e  posted   in  some  conspiiiious  place  in    the  nical    shop,      i  M.  (".,  sec. 

layi;.) 

See.  1475.  .>Ioat  shop — hours  on  Sunday. — ^Anv  meat  sho]i  or 
inarki't  may  l>e  kejit  open  on  Sunday  inorniii<;  until  nine  .o'clock  a.  ni..  for 
the  sale  of  the  articles  described  in  section  147.'!.     uM.  C.  sec.  1307.) 

Si'O  i-asi'  citfd  In  note  to  next  section. 

Sec.  U7G.     Licouse — penalty  r«u- keopiuf;  shop    without. — Any 

keeper  of  a  meat  shop  who  shall  tail,  tirst  lo  ohlaiii  any  licen.se  (herefor,  or 
shall  fail  to  keep  said  license  and  all  transfers  tliereof  |)osted  up  in  his 
shoji.  or  shall  open  saicl  shop  or  sell  therein,  any  artii'le  on  a  Sunday  after 
nine  o'clock  a.  in.,  shall  he  deemed  j;iiilly  of  a  misdemeanor,  and  upon  con- 
viction thereof,  he  lined  not  less  than  twentytive  nor  more  than  one  hun- 
dred dollars  for  each  and  every  olfeiise.      (  .M.  ('..  sec.  Ki'.IS. ) 

This  section  was  attacked  as  unconstitutional  on  several  grounds,  but  was 
sustained  as  valid  by  the  Supreme  Court  In  Hie  recent  case  of  St.  I^ouis  vs. 
Delassus  (Jyly  2,  1907.  not  at  this  writing  reported). 

See.  1477.  8h<)ps  to  bo  kept  rioan.  -i:very  person  who  is  duly 
licensed  :is  herein  reiiuiied  shall  keei)  his  meat  shop  or  stand  jiropeilly 
cleaned  and  free  from  all  foul  smells  and  nuisances  of  every  description, 
and  on  failure  thereof  shall  he  deemed  fiuilty  of  a  misdemoanor,  and  on 
conviction  thereof  he  lined  not  less  than  live  nor  more  than  fifty  dollars  for 
each  offense,     i  M.  ("..  sec.  i;!!)!(. ) 

See.  147S.  Shops  under  control  of  board  of  health.— All  meat 
sbo[)s  shall  he  under  the  control  of  the  hoard  of  health,  who  shall  have 
power,  hy  a  majority  of  the  hoard,  to  declare  any  one  of  the  same  a  nuisance 
for  a  j^ood  ami  snflicieni  cause,  which  findinj.;  when  recorded  in  their  [iro- 
ceedinps  and  a  copy  thereof  served  u]ion  the  jiarty  licensed,  shall  operate 
as  a  cancelinj;  of  his  license  and  a  prohihitiou  of  all  sales  thereunder.  (M. 
C.  see.  1400.) 

Sec.  1479.  Principal  of  meat  shop. — Kvery  person,  whether  prin 
cipal  or  apent.  who  transacts  the  business  of  a  meat  sho|i  shall  be  deemed 
a  principal  as  far  as  the  penalties  of  this  article  and  his  liabililies  thereto 
are  concerned.     (M.  C.  sec.  14<il.) 

See.  14S0.  Article  exchules  sausajre-inakers. — Xothinir  in  this 
article  shall  l)e  construed  as  applyiiii;  to  |iersiiiis  mannfactiirini;  sansafjes, 
who  do  not  sell  or  disjiose  of  any  other  kind  of  fresh  meat;  and  provided, 
said  persons  shall  have  paid  a  m.inufacturer's  license.     (M  .C,  sec.  1402.) 

.VRTTCT.F.  VII. 

OF  RKGULATIONS  CO.NCKR.NING  THE  SAL.IC  Ol-'  GAMK. 

Sec.  1481.  Game — when  not  to  be  exposed  or  sold.— No  per- 
aon  shall  sell  or  expose  lor  sale  in  any  market,  street,  lane,  alley,  booth, 
cellar,  store,  or  in  any  other  place  in  tlie  city,  any  [ihea.sant.  (|uail  or  part- 
ridse.  l)elween  the  tirst  ibiy  of  January  and  the  tirst  day  of  t)ctober;  any 
woodcock  lH»tw«H'n  the  teiitli  day  of  January  and  the  tirsi  day  of  Juh  ;  any 
prairie  cliicken.  fjrouse  or  heath  hen.  or  wild  turkey,  befween  the  first  day 


864  REVISKD  CODE  OH  GENERAL  ORDIXA>'CES.  [CHAP.    16. 

of  February  and  the  fifteenth  day  of  August;  any  wild  buck,  doe  or  fawn, 
or  fresh  venison,  between  tlie  tirst  dav  of  February  and  the  first  dav  of 
October.     (M.  C.  sec.  1403.) 

The  subject  of  the  sale  of  g-ame  is  largely  affected  by  the  state  game 
laws  which  cover  the  subject:  Laws  1905.  pp.  159-171,  amended,  ami  act  in  lieu 
thereof  passed  Session  Laws  1907.  pp.   277-2S."). 

See.  1482.  Penalty. — Whosoever  shall  offend  against  any  of  the 
provisions  of  this  article,  by  selling  or  otiVriiig  to  sell,  or  by  exposing  for 
sale  or  having  in  his  custody  any  of  the  birds  or  game  therein  prohibited,  or 
any  fresh  venison,  within  the  time  prohibited  and  within  the  city,  shall  for 
each  of  the  birds,  and  for  each  head  of  game,  and  each  piece  of  fresh  veni- 
son so  sold,  or  exposed  for  sale,  or  in  his  possession,  on  conviction  thereof, 
forfeit  and  pay  a  fine  of  not  more  than  ten  dollars,  to  be  recovered  as  other 
penalties  for  violation  of  city  ordinance,  one-half  of  which  is  to  be  paid  to 
the  informer  and  the  other  half  into  the  city  treasury,  which  said  fine  and 
costs  shall  be  paid  forthwith,  and  u])on  a  failure  to  pay  the  same,  the  mar- 
shal shall  commit  the  offender  to  the  citv  workhouse  as  in  similar  cases. 
(M.  C.  sec.  1404.) 


ARTICLE  VIII. 

OF    REGULATIOXS    CONCERNING    THE    S.A.LE    OF    PERISH.^BLE    .ARTICLES. 

See.  1483.  What  perishable  vesetable.s  and  fruit  to  be  sold 
only  in  orij?inal  packajyes  at  depots. — Receivers  of  potatoes,  onions, 
cabbage,  ai)ples,  pears,  oranges,  lemons,  grapes,  watermelons,  bananas  and 
other  perishable  goods  are  i)roliibited  from  selling  the  same  at  railroad  de- 
pots, upon  railroad  tracks,  and  public  landings,  in  any  but  original  pack- 
ages and  they  are  prohibited  from  selling  the  same  to  any  person  or  per- 
sons except  to  licensed  dealers  in  said  commodities.     (]\I.  C,  sec.  1405.) 

Sec.  1484.     Same — to  be  sold  at  refynlar  place  of  business. — 

It  shall  be  unlawful  for  those  who  purcha.se  said  commodities  at  railroad 
depots,  railroad  tracks  and  public  landings  to  resell  any  such  goods  at  said 
depots,  on  said  tracks  or  said  landings,  except  in  original  packages,  but 
they  must  remove  same  and  sell  them  only  at  a  regular  place  of  business. 
(,m\  C,  sec.  140G.) 

Sec.  1485.  Sale  at  place  received  required.  It  shall  lie  unlawful 
for  any  ])erson  or  persons  to  sell  such  commodities  at  any  other  depot,  track 
or  landing  than  at  the  depot  or  landing  where  same  was  originally  re- 
ceived.     (JI.  C,  sec.  1407.) 

Sec.  1486.  Penalty— excei)tions. — Any  person  violating  the  ju-it- 
visions  of  this  article  shall,  ujion  conviction,  be  fined  not  less  than  ten  dol- 
lars, nor  more  than  fifty  dollars.  And  in  default  of  payment  suffer  im- 
prisonment in  the  jail  prison  for  not  less  than  five  nor  more  than  thirty 
days;  ju'ovided,  that  nothing  liei'cin  contained  shall  ajijily  to  itiuei-ant 
venders  who  peddle  fruit  from  baskets  around  and  witliin  railroad  passen- 
ger depots  and  steamboat  landings.     (M.  C,  sec.  1408.) 


»II.V1-    17.1  OF  MAYOR.  ggg 

CHAPTKR  17. 

OK  MAYOK. 

Sri-.  14S7.  Salary. — Tho  mayor  shall  receive  a  salary  of  live  iliou.sainl 
dollars  piT  year,  [layalilc  moiillily.     (M.  ( '.,  see.  140!(. ) 

No  iK'iUu-tiitn   rrmii   tlu-  mayor's  salury  can   hf   madi-   ln.'caust."   he   is  nliNi-iU   from 
the  I'lty  on  prlvnt>>  business:     Bates  vs.   St.   Louis.   153  Mo.    18. 

S.M-.  u.ss.  .>lay<»r'.s  s«M'r»><ary,  assistant  serretary,  steii- 
oj;ra|>lH'r,  payv  and  .ianit«»i-— tt'nnro.  -The  mayor  is  authorized  to 
(■rii|ilo\  ii\c  siiiiahlo  ikm-sohs  hi  aiM  as  iiia,\(ii"s  scri't-Iary.  assistant  secrctarN . 
sli-nojiiaiilicr.  pajze  and  janitor,  \vho  .shall  Indd  olVirc  at  llic  pleasure  of  the 
mayor  and  ni.iv  he  removi'd  and  discharoed  In  the  iiiaMir  al  an\  lime,  itlrd. 
L'-.'lilld.  ainrndiiii;   M.  ('..  sec.   14111.) 

See.  14S;).  Same— salaries.— The  salary  of  the  secretary  of  the 
mayor  shall  he  tweiily-tive  hnndred  dollars  |iei-  annum:  the  salai-y  oT  the  as- 
sistant secretary  shall  he  tifteeii  hiimlred  dollars  |ier  annum  ;  the  salary  of 
the  stenooi-aplici-  shall  he  nine  hundred  dollars  per  annum:  the  salary  id'  tjie 
pa;,'e  shall  he  six  hnndred  dollars  |ier  annum:  llie  salary  <>{  the  janitor  shall 
he  sixty  (hdlars  pei-  mouth:  all  i>(  said  salarie.s  to  he  paid  monthly.  [lb., 
!imeiidiii{;  M.  ('.,  sec.  1411.) 

Sec.  14!tO.     i>Ia>or  to  convi'iie  nninicipal  assembly — orfjaniza- 
tion  of  new  administration. — Tin- mayor  .-^liiill  immediately  after  an  elec- 
tion issue  his  prdclanii'ilioii  i-diivciiiiiu'  the  munieijial  assembly  on  the  Saturday 
siicceedin;;  such  eleclion,   for  the  juirpose  of  orjianiziiio;  a   new    adiiiiiiisi  ra 
tion  and  the  installation  of  the  ofticers  elect.     (M.  C,  sec.  Illli.) 

S.r  1401  !Miini<'i|(aI  asscnildy  to  determine  who  electi'd 
nia>or  — n(»tice  of  iiistallalion  of  nia,\<>r.  The  municipal  assemhiy. 
when  So  i'on\ened.  shall  proceeil  to  ascertain  fi'om  the  jxdl  hooks  of  the 
several  wards  and  certilicatcs  of  the  judges,  who  has  heeii  elected  mayor,  and 
sliall  j;ive  notice  to  the  person  elected  that  on  the  Tuesday  following  said 
Saturday,  or  on  some  otlier  day  to  he  (h'sifrnated  by  the  miiiiici]ial  asseiuhly. 
at  twelve  o'clock  nooii.  in  the  chamber  of  th(>  house  of  deleoates  at  th(>  <'ily 
iiall.  in  the  preseiwe  of  the  munici]ial  assembly,  he  will  be  installed  maviu- 
of  the  City  of  St.  Louis.     (M.  ('..  .sec.  14i;{.) 

Contested  election   must   be   In  circuit   court:     State  ex   rel.   vs.    Hough.    193   Mo. 
SIS.    6(0. 

See.  1492.  Installat i«in  of  mayor. — Upon  the  day  desijijnaled  tlie 
municipal  asseiuhly  shall  meet  for  the  purpose  af(U"esaid,  when  (lie  oath  of 
oflice  prescrilied  by  the  cluirler,  shall  be  administered  to  the  niay<jr  elect. 
iM.  (.'..  sec.  1414.)  " 

Se<'.  1493.  Duties  and  jMMvers. — The  mayor  shall  from  time  to  time 
pive  tlie  assembly  information  relative  to  the  state  of  the  city,  and  shall  rec- 
omincnd  to  tlieir  consideration  such  measures  a.'<  he  may  deem  expedient  in 
the  interests  of  the  city,  and  shall  submit  with  his  mossafie  to  the  municipal 
assembly  all  annual  reports  of  ofticers.  lie  shall  take  care  that  the  laws  of 
the  stale  and  the  ordinances  of  the  city  are  respeeteil  and  enforced  within 
the  city  and  may  remit   lines,  costs,  forfeitures  and  penalties  duly  im|(osed' 


866  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  17. 

for  the  vii)l;iri(iii  (if  ;iiiy  (ii'diiiance,  and  shall  make  a  rejiort  of  the  same  to 
the  asseinhiy  at  every  session  thereof,  lie  shall  have  jiower  to  appoint  a 
competent  jiersou  or  jiersons  to  examine  tiie  atlairs  of  any  department  or 
departmeut.s  whenever  he  shall  deem  it  necessary.     (.M.  C,  sec.  141.5.) 

This  section  Is  a  literal  repetition  of  the  Charter.  Art.  IV.  sec.  16.  As  to  re- 
mission of  fint'S.  etc.,  see  also    intra    .'^ec.   14ii7  and  not'-. 

Sec.  1491.  Who  acts  as  mayor  iu  case  of  absence— com- 
pensation, etc. — The  president  of  "the  council  sliall  perform  the  duties 
whenever  and  so  lono;  as  the  mayor  from  any  cause  is  unable  to  perform  his 
official  duties.  If  the  mayor  and  the  jiresident  of  the  council  are  both 
absent  from  the  city,  or  other\\ise  disabled  from  performing;  the  duties  of 
mayor,  the  speaker  of  the  house  of  delegates  shall,  for  the  time  being,  dis- 
charge the  duties  of  said  office,  and  either  of  them  while  acting  as  mayor 
shall  receive  the  same  compensation  as  tlie  mayor.     (M.  C,  sec.  141(;.) 

Same  as  Charter,  Art.  IV,  sec.   17. 

The  compensation  of  the  mayor  is  made  the  standard  by  which  the  officer  who 
in  his  absence  acts  for  liim,  is  to  be  measured,  and  nothing  more.  The  compen- 
sation of  tile  mayor  is  not  to  be  reduced  because  of  his  absence:  Bates  vs.  St. 
Louis,   153  Mo.   IS,   22. 

Sec.  1495.  General  power  of  supervision — adjust  differences 
betAveen  officials — enforce  contracts,  etc,  — The  mayor  shall  have  a 
general  suiicrvisiou  and  conlrol  over  all  city  officers,  and  may,  whenever  he 
shall  see  tit,  examini'  into  the  condition  of  their  res])ective  offices,  the  books, 
papers  and  I'ecords  therein,  the  manner  of  conducting  their  official  business. 
and  may  call  upon  any  ofticer,  clerk  or  deputy  for  information  in  relation  to 
any  matter  pertaining  to  his  office.  All  (jue-stions  of  difference  between  offi- 
cers of  the  city  affecting  their  relative  powers  and  duties,  may  be  referred 
by  either  of  them  to  the  mayor,  who  shall  examine  and  determine  such  ques- 
tions, and  his  decision  shall  be  final  as  between  siuii  officers.  The  mayor 
sliall  .see  that  the  contracts  and  agreements  with  the  city  are  faithfully  kejii 
and  jierformed,  and  to  thi.s  end  he  sliall  cause  legal  proceedings  to  be  insti- 
tuted and  jiresenteil  against  all  persons  or  corporations  failing  to  fulfill 
their  agreements  with  the  city.     (M.  O..  sec.  1417.) 

The  mayor  performs  all  acts  required  of  the  county  court  by  Chap,  of  Rev.  St. 
entitled,    "Coroners  and   Inquests":    Laws  1S77,    p.   192. 

Sec.  1496.  May  call  spec'ial  sessions  of  assembly. — The  mayor 
may,  by  ])roclamatiou,  call  sjiecial  sessions  c>f  the  assembly,  giving  not  less 
than  llnec  days'  notice,  and  shall  sjiecially  state  to  them,  when  assembled, 
the  objects  for  which  they  have  been  convened,  and  their  action  sliall  be 
confined  to  such  objects.     (]\I.  C,  sec.  1418.) 

Sjinii-  as  Charter,  .\rt.  IV,' sec,  18,     See  note  thereto. 

Sec.  1497.  Fines  and  executions  under  control  of. — In  exer- 
cising the  jjower  to  remit  lines,  costs,  forfeilures  and  penalties  imposed  for 
violation  of  any  ordinance  the  mayor  is  autliorized  to  remit  the  same  con- 
ditionally, when  in  his  judgment  such  action  shall  be  deemed  expedient,  and 
authority  is  also  conferred  on  the  mayor  to  control  all  executions  issued  by 
the  police  courts  and  recall  the  same  and  grant  a  stay  of  execution  in  any 
case  on  such  terms  and  conditions  as  the  jmblic  welfare  .shall  demand,  lil. 
(\,  sec.  1419.) 

Chart..  Art.  IV.  m:<t.  10.  i>rovi<li'S  that  the  mayor  "may  remit  fines,  costs,  for- 
feitures and  penalties  duly  imposed  for  violation  of  any  ordinance,  and  shall 
make  a  report  of  the  same  to  the  assembly  at  every  session  thereof."  PardCTiS 
being   in  derogation   of   law.   to  be   valid    must   accurately   describe   the   offense   in- 


ri{.\r   171  OF  MAYOIt.  807 

tfndi'd  to  bo  foPKlvi-n;  u  writing  by  a  mayor  lli-enaInK  Iho  purson  named  to  romuln 
111  town  so  lonK  us  ho  shall  bi'liavo  hlnisilf  woll.  Is  nolther  u  parOon  nor  a  romls- 
Mlon  of  a  Hno  to  which  tho  writlns  In  no  way  refers:  Kx  parte  HiKKlns.  14  Mo. 
App.  601  (memorandum  opinion).  The  authority  of  the  mayor  to  remit  a  line  can 
only  be  exercised  after  the  line  has  been  Imposed:  and  what  amounts  to  an  Illegal 
permit  nuiy  be  compelled  by  mandamus  to  bo  revoked  by  any  citizen;  State  ox  rel. 
vs.  Noonan,  59  Mo.  App.  loc.  clt.  529.  As  to  the  power  of  police  Justices  to  remit 
lines  or  I.,  reprieve,  see  note  to  R.  P.,  .see.  isns. 

Sec.  l^'.».■^.  I'ower.s  to  reiu'«  Ixtiid — t'flt'ct  of  failure  to  r«'iie\v. 
— The  iiiiiyor  sliall  liavc  jiower  to  order  tlie  renewal  of  an.v  bond  held  bv  the 
citv.  from  any  iicrson.  firm  or  rorporation  in  luirsiiancc  of  an  oi'diiiiiiifc. 
whenever  in  his  Jiiilomeni  said  bond  has  liecoiiic  or  is  liU<'l_v  to  become  im- 
paired thi'diifih  any  cause  whatsnever.  A  failure  to  renew  said  bond  by  the 
p!ir(ies  interested,  to  the  satisfaction  of  the  m;iyor.  within  lifteeii  days  after 
date  of  iiotilication  to  renew,  shall  o])erate  to  work  a  forfeiture  of  iill  the 
rijrhts  and  privilej^es  j;r;iuted  by  the  city  under  the  ordinance  of  which  said 
bond  I'oiins  a  jiart.     (M.  C,  sec.  1420.) 

Sec.  1499.  Duly  <ni  hciii};  .served  with  process. — Whenever 
any  process  or  notice  sliall  be  served  on  tht-  mayor  in  any  le};al  or  other 
proceeding;  :ii,Minst  the  city,  or  in  which  the  city  is  a  ])arty.  he  shall  imme- 
diately deliver  the  same,  or  a  suflicieiit  notice  thereof,  to  the  city  eoiineelor, 
in  order  that  the  same  may  be  atleiidei!  to.     (.M.  (J.,  .sec.  1-121.) 

Sec.  I'jOO.  Power  as  to  luiisaiu'es.— Whenever  in  the  opinion  of 
the  mayor,  a  nuisance  exists  on  public  or  private  pro])erty,  or  whenever  a 
nuisance  has  been  so  declareil  by  ordinance,  or  resolution  of  the  board  of 
health,  he  is  antliori/.ed  to  abate  and  remove  such  nuisance  and  the  cause 
thereof  in  a  siimniary  manner,  at  the  cost  of  the  oA\ner  or  occupant  of  the 
premises  wherever  the  nuisance  »)r  cause  thereof  nuiy  be,  and  for  that  pur- 
po.se  may  enter  upon  and  take  ]iossesssiou  of  any  premises  or  property  where 
such  nui.sjince  may  exist  or  be  produced.     ( AI.  C.,  sec.  1422.) 

iJluirl.    Art     III.   see    Ifi,   clause   sixth. 

See.    1501.      ri-<><i;(iii:ilioii    in    rase    of    ei>i(leniic Whenever    it 

shall  come  to  the  knowledi;e  of  the  mayor  that  any  maii<;nant.  infectiiuis  or 
contagious  di.sease  or  i-iiidemic  is  prevalent  in  the  city,  or  will  pi-obably  be- 
come so,  he  sliall  make  proclamation  of  sucli  fact  to  the  inhabitants.  (M.  C, 
sec.  142:{.) 

Charter  .-Vrt    XII.  sec,   S;  and  see  Rev.  Code.  sec.  6.1.1.  whicli   Is  the  same  as  said 
Charter  section. 

Sec.  1502.  I'owers  of  arrest.  The  mayor,  when  he  has  pHid  cause 
lo  U'lieve  that  an  olleii.se  has  U'crn  or  is  about  to  be  committed  aj;aiiist  law 
or  ordinance,  may  summon  and  examine  witnesses  in  relation  tliereto,  and 
upon  proper  affidavits  may  issue  a  warrant  l'<n-  the  ajiprehension  of  any  of 
fender  aoainst  law  or  (U-tlinance.  which  warrant  shall  be  retiirnabl)>  before 
one  of  the  police  justices,  and  sh;ill  be  tried  as  warrants  issued  by  that  of 
licer.     t  M.  ('..  .sec  M2I.I 

Sei'.  l.'>0;5.  Towers  in  case^  of  riot. — The  mayor  shall  liave  power 
to  call  to  liis  assistauce  tlie  city  jiolice,  the  military  of  the  city  an<l  citizens 
to  assist  him  in  pi-eventinji  or  i|uellin<;  any  riot,  rout,  unlawful  assembly  or 
l)reach  of  the  pe.acc,  and  all  persons  so  calli'd  out  by  liim  shall  be  subject  to 
his  orders,  while  on  the  duty  to  wliicii  they  iire  called.     (M.  ('.,  sec.  1425.) 

Charter    provisions    as    lo    riots    see    Art.    Ill,    ace.    26.    clause    ninth    and    note; 
Rio(«us  asaemblles  forblddon;    R.  C.  aec.   lSt$. 


868  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  17. 

Sec.  1504.  Powers  in  secret  service.— The  mayor  shall  have  power 
to  take  such  secret  measures  as  he  may  deem  necessary  for  the  detection 
and  appreluMision  of  offenders  against  law  or  ordinance,  but  all  expendi- 
tures of  money  in  relation  to  such  services  shall  he  paid  out  of  the  fund  al 
lowed  the  mayor  for  exj)enditures  on  account  of  secret  .service  and  reiiHival 
of  pau])ers.     ( .M.  C,  .sec.  142(i.) 

Sec.  1505.  Secret  service  fund. — For  expenditures  on  account  of 
secret  service,  assisting  and  removal  of  paupers,  the  mayor  shall  draw  his 
requisition  on  the  auditor,  approved  hy  tlie  comptroller,  and  the  auditor 
shall  thereupon  draw  his  warrant  on  the  treasurer  for  the  amount  required, 
and  charjie  the  same  to  aiii>ro]iriation  for  contingent  expenses;  jirovided, 
that  the  amount  so  exjieiided  shall  not  exceed  the  sum  of  twelve  thousand 
five  hundred  dollars  in  any  one  year.     (M.  ('..  sec.  1427.) 

Sec.  150f).  Approval  of  bonds.  — The  mayor  shall  ajiprove  the  bonds 
of  all  ajijiointed  and  elected  officers;  also,  bonds  of  constables  in  the  city 
jind  all  other  bonds  to  the  ("ity  of  St.  Louis,  excejjt  in  such  cases  as  may 
be  otherwise  pi'ovided  by  oi'dinaiice  or  charter.     (M.  C.  sec.  1428.) 

Approval  of   bonds,   see   Charter,   Art.   IV,   .sec.    4;   and    see   also   Rev.   Code.   sees. 
1677  to   1684.    As  to  constables  see  note  to  sec.   167S;  Scheme,  sec.   15. 

Sec.  1507.  Execution  of  appeal  and  other  bonds. — The  mayor 
shall  execute  all  ai)iieal  bonds  and  other  bonds  which  by  law  or  ordinance 
are  required  to  be  executed  by  the  city.     (M.  C,  sec.  1-42!).) 

Charter.    Art.   XVI.   sec.    6. 

Sec.  1508.  To  report  violations  of  duty.— The  mayor  shall  re- 
port to  the  council  all  violations  or  neglect  of  duty  on  the  part  of  any  city 
officer  which  nia\   come  lo  his  knowledge.     (  M.  ('..  sec.  1430.) 

See.  1500.     Enuniemtion  of  otHcers  to  be  appointed  by. — The 

mayor  shall  appoint,  subject  to  confirmation  by  a  majority  of  the  members 
of  the  council,  at  the  times  ])rovided  by  the  charter  and  ordinances  tlie 
following  officers,  who  shall  liold  their  res])ective  j)ositions  during  the  i)eriod 
])rovided  by  the  charter  and  (U-diuances,  and  until  their  successors  shall 
have  been  duly  a])pointed  and  (pialified:  A  street  commissioner,  sewer  com- 
missioner, water  coinmissioiier,  harbor  and  wharf  commissioner,  jiark  com- 
missioner, gas  commissioner,  when  necessary;  [license  commissioner*], 
liealth  commissioner,  commissioner  of  supi)lies,  commissioner  of  jiublic 
buildings;  five  commissioners  on  charitable  institutious,  superintendent  of 
workhouse,  superintendent  of  house  of  refuge,**  superintendent  of  fire  and 
police  telegraph,  sui>erintendeut  of  city  hospital,  superintendent  of  female 
liosjiital,  su]ierinteiident  of  insane  asylum,  superintendent  of  jioorhouse, 
suiierinteiident  of  (|uarantiiie,  when  necessary;  city  counselor,  assi)ciate  city 
counselor,  second  associate  city  counselor ;  assistant  city  eounselorf.  assessor 
and  colleclor  of  watei-  rates,  city  attorney,  assistant  city  attorney  for  sec- 
ond district  jiolice  court,  assistant  city  atorney  for  ])olice  court  s(Mith  of 
.\rsenal  street,  a  police  justice  for  eacli  of  the  polic(»  courts  of  the  city, 
jailor,  one  district  assessor  for  each  assessment  district,  chief  of  tlie  flre 
dei>arliiient,  milk  ins|)(>ctor.  city  chemist,  two  regular  practicing  jihysicians 
and  a  commissioner  of  (lolice  to  serve  as  members  of  !lie  board  of  health, 
one  weigher  of  scales  i'oi'  each  of  the  ])ublic  si-ales  eslablislied  by  ordinance, 
one  general  iuspeclor  and  me.isni-ei'  of  lumber,  and  such  dejmty  iiis]H>ctors 
and  measurers  as  may  Irom  time  lo  time  be  necessary,  inspector  of  lioilers 


CHAP  17]  OF  MAYOR.  869 

and  I'levators,  and  two  mumiiIiits  of  llic  Ixiard  of  ('n};inocM'i< ;  one  market  nias- 
tci-  toi-  oacli  (if  till'  markets  diilv  cstalilislied.  a  clerk  Tor  eacli  of  the  jiolice 
CKiiris.  and  such  oilier  (it'ticers  as  he  mav  liv  ofdinaiice  lie  re(|uirr(l  lo  a|i 
poiiii.     (M.  C,  sec.  1431.) 

For  list  of  appointees  of  Mayor  to  bo  appofnteil  umliT  onUnanres  see  Initex  to 
liev.  Code,  under  title  "Mayor";  for  list  appointed  under  Charter  provisions,  see 
that  title  In  Charter  Inde.v. 

•The  license  eoinnilssloner's  office  was  b.v  statute  expunj^ed  and  his  duties 
transferred  to  the  license  collector,  an  elective  officer  created  by  the  same  act; 
see  note  to  Chap.  3(1  of  U.  C.  and  to  sec.  L'1(M  and  followln(.r. 

••Name  of  House  of  HefuRe  changed  to  "St.   L.ouls  Industrial  School;"  ord.  22145, 
U.  C.  sec.   1785.    See  ne.xt  note. 

tBy  ord.  23150  (enacted  after  the  Kev.  Code)  a  Second  Assistant  City  Counselor 
Is  also  to  be  appointed. 

See.  1510.      T«»    appoint   luaiiajrtT.s  of  lloiis*'  of  Krfiifjo.— The 

iiiavor  shall  ;ilso  a|p|><)iiit.  with  tiie  advice  and  consent  of  the  council,  four 
com|i''ieni  |ieisoiis,  who.  wilii  the  mavor.  shall  constitute  a  board  of  luan- 
apMs  of  the  St.  Louis  llou.se  of  Kefujje.     I.M.  <".,  sec.  14:{ll.  i 

By  ord.  221(5.  approved  Nov.  21.  1905.  It  was  provided  that  the  House  of  Uef- 
upe  should  be  known  as  "St.  Louis  Industrial  School."  but  that  no  effect  e.xcept 
to  change  the  name  be  given  to  the  enactment.  See  H.  C.  17So.  The  mayor  by 
statute  Is  ex  ofHcIo  a  member  of  the  board  of  managers  and  he  shall  appoint  the 
otiier  four  members;  H.  S.  ISSIS.  Art.  XXI,  p.  2553.  sec.  1.  set  out  in  "State  Laws 
for  St.   Louis."  herein.  »»n  p.   Iii2. 

See.  ir>ll.  T<»  appoint  city  snrvoyors. — The  mayor  may  also  ap- 
point sui)jecl  to  contii'iiiation  hy  a  majority  of  tlie  meiiihers  of  tlie  c(uincil, 
anv  nninlter  of  coin|ieient  |iersons  who  shall  he  civil  engineers,  as  city  sur- 
veyors.    I.M.  C,  sec.  1433.) 

.Vs  to  city  Surve.vors.  see  Kev.  C,  sec.  23.i-2:!S;  also  Scheme,  sec.  16. 

See.  1512.     rounoil  may  prefer  eharg-es  aj>:ainst— proeedure. 

— The  council  shall  have  |n)wci-  al  any  liuu'  lo  iirdcr  ch;ii-i:cs  ,ii;aiiisi  the 
mayor  for  violaiiiii;  any  oflicial  ohiioaiioiis,  and  should  any  such  j-haroes 
l)e  prel'erred  aj;aiiisl  the  mayor,  the  council  shall  [iroceed  at  once  to  iiivesti- 
•;ate  and  decide  the  same  as  provided  by  cliarter;  and  should  the  mayor  be 
by  the  council  removed  from  office,  a  copy  of  tlie  decision  shall  be  filed  in 
the  office  of  the  register,  and  the  jiresideut  of  the  council  shall  be  ex  oflicio 
mayor  for  the  time  being  and  until  a  successor  is  elected  and  (iiialitied.  and 
he  shall  issue  a  iiroclamat  ion  ordering  an  electiiui  to  till  the  vacancy  in  the 
oflice  of  mayor  caused  by  such  removal,  in  the  iiianiier  provided  by  the 
cliarter  and  ordinances  of  the  city;  jirovided.  however,  that  the  mayor  shall 
not  be  removed  from  office  e.xcept  by  a  tWD-tliirds  vote  of  all  the  members 
of  the  council,  five  days'  notice  thereof,  and  au  oiiportunity  to  be  heard  by 
council  being  given  to  said  officer.     (51.  C.  sec.  1434.) 

Chart.    Art.    IV.,   sec.    12 

Sec.  1513.     Vaeaney  in    offl<'e   of   mayor— liow   (illtMl Wlim- 

ever  any  vacancy  shall  happen  in  the  office  of  the  iiiayor  from  death,  resig- 
nation or  any  other  cause.  Ilie  president  of  the  council  or  the  speaker  of  the 
hot*se  of  delegates.  e.\  (dficio  exercising  the  duties  of  mayor,  shall  within 
thirty  days'  time  from  the  time  such  vacancy  shall  occur,  issue  his  procla- 
mation directing  a  special  election  to  be  held  to  fill  said  vacancy,  giving 
five  days'  notice  of  the  time  and  place  of  holding  such  election.  (M.  C, 
sec.  143.->.) 

Charter   .\rt.    IV,   ,.i.c.    13. 

Sec.  1.M4.  Special  cU-ction  for,  how  liehl— ex«'ei)(ions, — 
Such  election  shall  be  held  in  accordance  with  the  ordinances  and  under 
the  regulations  prescribed  for  bidding  elections;  provided,  however.  tli:it  no 


870  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  IS. 

such  special  election  shall  be  held  in  the  event  that  siuh  vacancy  shall  hap- 
pen within  six  months  of  the  expiration  of  the  time  for  which  the  mayor 
whose  office  had  become  vacant  had  been  elected.     (  M.  (J.,  sec.  143(>.) 

See  Charter  IV.  sec.  IS;  also  R.  C  sec.  16SD. 


CHAPTER  18. 

OF  MISDEMEAXORS. 

ART.  I,  Of  offenses  against   public   morals  and  decency. 

II.  Of  offenses  against  public  order  and   peace. 

III.  Of  offenses  affecting  public  safety. 

IV.  Of  miscellaneous  offenses. 

V.  Of  smoke  and  smoke  abatement. 

VI.  Of  vagrants. 

VII.  Of  dogs. 

VIII.  Of  penalties,  fines  and  forfeitures. 

ARTICLE  I. 

OF  OFFENSES  AFFECTING  PUBLIC  MOR.^LS  AND  DECENCY. 

Sec.  1515.      Drunkenness   in   public  places  prohibited. — Any 

person  who  shall,  in  this  city,  be  found  in  a  state  of  intoxication,  in  any 
highway,  thoroughfare  or  other  jtnblic  place,  to  the  annoyance  of  any  citi- 
zen or  person,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof,  be  fined  not  less  than  three  nor  more  than  twentv  dollars.  (M. 
C,  sec.  14:?7.) 

Public  drunkenness  may  be  prohibited  by  ordinance:  the  exhibition  of  one's 
self  in  a  condition  tending  In  and  of  itself  to  degrade  the  public  morals,  annoy 
and  Inconvenience  the  citizens  in  the  discharge  of  their  daily  duties,  and  destroy 
the  peace,  comfort  and  well  being  of  society  is  an  offense  which  is  the  proper 
subject  of  police  regulation:  Gallatin  vs.  Tarwater.  143  Mo.  40.  45:  and  sufficient 
support  for  such  an  ordinance  is  found  in  the  general  police  power  of  cities: 
Green  City  vs.  Holsinger,  "6  Mo.  App.  567,  569.  Lebanon  vs.  Gordon.  99  Mo.  App. 
277.  But  drunkenness  is  not  per  %t  the  subject  of  legisl.ative  prohibition  and  can 
be  regulated  by  municipalities  only  where  its  existence  in  the  individual  is  at  a 
place  or  under  conditions  where  it  annoys  others:  and  a  sweeping  regulation  in- 
terdicting, under  a  penalty,  drunkenness  generally,  is  an  invasion  of  the  in- 
alienable i-ights  of  the  citizen:  St.  Joseph  vs.  Harris.  59  Mo.  App.  122.  See  also 
note   to   R.  C.  sec.   1632. 

Sec.  1516.  Indecent  exi>osure  or  dress,  etc.,  or  indecent  liter- 
ature or  permitting:  immoral  play.s,  etc.,  prohibited — penalty. — 

Any  })erson  who  shall,  in  this  city,  ajipear  in  any  public  jilace,  in  a  state 
of  nudity,  or  in  a  dress  not  belonging  to  his  or  her  sex,  or  in  an  indecent  or 
lewd  dress,  or  shall  make  an  indecent  exposure  of  his  or  her  jierson,  or  be 
guilty  of  an  indecent  or  lewd  act  of  behavior,  or  shall  exhibit,  sell  or  offer  to 
sell  any  indecent  or  lewd  book,  picture  or  other  thing,  or  shall  exhibitor 
perform,  or  permit  to  be  exhibited  or  performed,  upon  premises  under  his 
or  her  management  or  control,  any  indecent,  immoral  or  lewd  play  or  other 
representation,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upOn  convic- 
tion thereof,  be  fined  not  less  than  ten  nor  more  tiinn  three  Imndred  dollars, 
(M.  C,  sec,  1438.) 

Sec.  1517.  Swimming  in  daytime— prohibited — Any  person 
who  shall  bathe,  wash  or  swim  in  the  Mississippi  river,  or  in  any  other 
water  course,  jinnd  or  jiool.  in   this  city,  between  one  hour  before  sunrise 


ai:t  i.)  of  offenses  against  morais  and  uecencv.  871 

and  one  hour  after  sunset,  beinj;  naked  or  insuriioiently  flotlie<l,  thereby 
i-ausinj;  iniproiier  exposure  of  liis  person,  tihall  be  deemed  fjuiltv  of  a  mis- 
demeanor, and  upon  eonviotitm  thereof,  be  lined  not  less  than  tinci"  nor 
iiiuri'  lliMM  one  hundred  didlars.     (  M.  ("..  sec.  14;?!).) 

See.  1518.       I'roliiliit ion    ajrainst    Itawtiy    Ikmisoh,  etc.— street 
walkers — daiifiii^  $;irls — tlii(\   «»l'  police  <'«Hiiiuissloiiers.— Chmse 

liist  :  An.v  person  who  shall,  in  this  ei(y,  keep,  niainlain,  suiierinlend  or 
manage  a  bawd.v  house,  house  of  ill  fame,  house  of  bad  rejiule,  lioust;  of  pros- 
lilution  or  assi;;nation,  or  \\iio  shall  harbor,  seerete.  or  pei-mit  any  fiirl. 
under  the  age  of  eifihteen  years,  lo  I'eniain  in.  visit  or  frcinicnl  sueh  bawdy 
house.  Iiouse  of  ill  fame,  house  of  bad  repute.  ](i-oslitii(ion  or  assifj;nalion. 
sliall  be  deemed  jiuilty  of  a  misdemeanor,  and  n|iiiii  ri>uvi<-tl()ii  thereof,  be 
lined  not  less  llian  tifty  dollars.  Clause  second;  Any  one  who  shall  fre- 
i|uent  a  house  id'  ill  fame,  bawdy  liou.se.  or  house  of  l)ad  repute.  |)rostitu- 
tion.  or  of  assij^nation.  or  shall  be  fmind  an  inmate  of  such  house  or  houses, 
shall  be  di'omed  fjnilly  of  a  misdemeanor,  and  upon  conviction  (hereof,  shall 
be  lined  noi  less  than  leii  nor  more  than  one  hundred  dollars.  Clause  third: 
.\uy  person  who  shall  jiermit  any  house,  rooms  ov  lencmenls  in  his  or  her 
possession,  or  under  his  or  her  char>re  and  control,  to  be  used  for  the  ])ur- 
pose  of  i>rostitution,  or  bouse  of  bad  repute,  after  ten  days'  notice  from  the 
police  commissioners  of  such  use  of  such  house,  rooms  or  tenements,  shall 
be  deemeil  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be 
lined  not  less  than  tifty  dollars,  ('lause  fourth:  Any  courtesan,  jirostitute, 
Iniwd  or  lewd  woman,  or  any  female  inmate  of  a  bawdy  house,  or  house  of 
prostitution,  or  of  assignation,  brothel,  or  house  of  bad  ri'pute.  who  shall 
be  found  waiulering  about  the  streets  in  the  night  time,  or  frequenting  beer 
houses  and  |ilaces  of  public  resort,  or  who  shall  be  found  enijiloyed  singing 
or  dancing  in  any  such  house  or  place,  or  wlio  shall  he  found  employed  as 
a  beer  carrier  or  waiter  girl  in  any  such  house  oi-  place,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  u]ion  conviction  thereof,  shall  l)e  fined  not 
less  than  ten  dollars,  ("lause  liftli:  Any  male  person  who  shall  iidiabil,  eat 
or  sleeji  in  any  house  of  prostitution,  bawdy  house,  house  of  bad  re])Ute,  or 
house  of  assignati(jn,  or  who  shall  be  in  any  way  connected  with  the  keep- 
ing, management  or  control  of  any  such  house,  or  of  the  bawds  or  prosti- 
tutes who  live  therein,  or  frequent  such  houses,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  ui)on  conviction  thereof,  shall  be  lined  not  less  than 
tifty  dollars.  (.'lause  si.xtli :  Any  prostitute,  bawd,  courtesan,  or  lewd 
woman  who  shall  ply,  or  seek  to  jdy  her  vocation  by  word,  sign  or  action, 
on  the  streets,  alleys,  or  in  any  public  jdace.  or  at  the  door  or  window  of 
any  house  or  rooms,  shall  be  deemed  guilty  of  a  misdemeanor,  and  ui)on 
conviction  thereof,  be  lined  not  less  than  ten  nor  more  than  one  hundred 
dollars.  Clause  seventh:  It  shall  be  the  duty  of  the  jiolice  commissioners 
wheiu'ver  they  become  aware  of  the  use  of  any  house,  rooms  or  tenements, 
for  any  of  the  jnirposes  mentioned  in  the  ]>receding  clauses,  to  give  a  writ- 
ten notice  of  such  fact  lo  the  owner,  or  agent  of  the  owner,  of  such  house, 
rooms,  or  teiu'inenls.     (  M.  C.  sec.  1440.) 

For  ordinance  making  acta  such  as  drsl^nattnl  In  olaiiat.'  fourth  vagrancy, 
etc..  see  R.  C.  sec.  1832.  Chart.  Art.  III.  .sec.  26,  clauso  fifth,  confern  authority 
on  the  city  to  "suppress  bawdy  and  disorderly  houses,  houses  of  Ill-fame  and  of 
asslifnatlon."     See    Infra  on    this   point. 

I'nless  authorized  by  law  (and  then  only  when  eonducte<l  tht?rewlth  In  a  d»'- 
oent  manner),  bawdy  houses  ore  a  common  nulsonce  per  u:  Qlvens  vs  Van 
Studdlford.  86  Mo.  H9:  Ashbrook  vs.  Dale,  27  Mo.  App.   649. 

Keeping  a  brothel  Is  an  Indictable  offenae  at  common  law.  and  under  the 
Charter  the  City  of  St.   I>ouis  may   enact  an  ordinance   provlilInK  that   th-   ki^eplng 


872  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  IS. 

Of  a  bawdy  1iou.sp  shall  be  a  misdemeanor  punishable  by   fine:     St.   Louis  vs.  Mel- 
,    ville.   3  Mo.   App.   597    (memorandum   opinion). 

In  State  vs.  Dudley,  56  Mo.  App.  450,  1.  c.  453,  the  court  says:  "Evidence  to 
establish  the  character  of  a  bawdy  house  must  in  most  cases  be  inferential  from 
the  nature  of  the  case  and  hence  it  must  be  permitted  to  take  a  wide  range.  In 
an  early  case  in  this  state  it  was  held  that  the  refusal  of  witnesses  to  testify, 
on  the  ground  that  answers  to  questions  propounded  to  them  would  tend  to  their 
own  degradation  ini^'ht  be  considered  by  the  jury:  Clementine  vs.  State,  14  Mo. 
112.  In  State  vs.  Bean.  21  Mo.  267,  an  instruction  that  the  jury  might  consider 
the  character  of  the  inmates  and  of  persons  resorting  to  the  same  was  approved. 
In  State  vs.  Barnard.  64  Mo.  260.  the  Supreme  Court  held  that  the  fact  that  the 
inmates  were  prostitutes,  strongly  conduces  to  establish  the  fact  that  the  house 
was  a  bawdy  house."    To  same  effect  State  vs.  Horn,  S3  Mo.  App.   47.  50. 

One  may  be  "found  employed"  as  a  beer  carrier,  etc.,  though  she  be  proprietor 
of  the  place:     State  vs.  Canton,  43  Mo.  48. 

Under  a  charter  (now  not  in  force)  authorizing  the  city  to  "regulate"  bawds 
houses,  the  control  of  this  matter  is  referred  to  the  city  and  operates  to  make  a 
license  for  such  house  valid,  although  there  be  a  State  law  making  the  same  a 
crime,  and  such  license  is  a  defense  against  prosecution  under  the  statute:  State 
vs.   Clarke,   54  Mo.    17;   State  vs.   Vic  De  Bar,   58  Mo.   395. 

A  bawdy  house  or  brothel  is  a  house  of  ill-fame,  kept  for  the  resort  and  com- 
merce of  lewd  people  of  both  sexes;  and  the  keeper  thereof  is  a  person  who  acts 
as  master  or  mistress  or  has  the  care,  use  or  management  of  the  house  or  build- 
ing in  which  a  bawdy  house  or  brothel  is  kept  and  maintained  with  his  kno'wl- 
edge  or  assistance:      State  vs.  Horn,   83  Mo.   App.    4  7. 

Sec.  1519.  Females — enticement  of — penalty. — Clause  first: 
Any  person  who  shall  induce,  entice  or  i)rocure  any  oii-|  under  the  age  of 
eighteen  years,  to  visit,  rrefjupnt.  or  heconie  an  iiiiiiate.  or  visitor,  or  fre- 
(|uenter  of  any  bawdy  house,  house  of  ill  fame,  or  house  of  assignation,  shall 
lie  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be 
fined  not  less  than  two  hundred  dollars.  Clause  second:  Any  ]ierson  who 
shall  attem])t  to  induce,  entice  or  procure,  or  assist  in  attenijiting  to  entice, 
induce,  or  procure  any  girl  under  the  age  of  eighteen  years  to  visit,  frequent, 
or  become  an  inmate,  visitor  or  frecjuenter  of  any  bawdy  house,  house  of  ill 
fame,  or  house  of  assignation,  shall  be  deemed  guilty  of  n  misdemeanoi-.  and 
upon  conviction  thereof,  shall  be  fined  not  less  than  two  hundred  dollars. 
(.Af.  C.  sec.  1441.) 

See.  1520.  Dram  shops,  employment  in  of  lew«l  women 
forbidden. — Any  keejier  of  a  dram  shop,  beer  house  or  other  place  of 
(niblic  resort,  who  shall  em])loy  a  lewd  woman,  or  any  woman  having  the 
reputation  of  a  prostitute,  as  a  carrier  of  beer  or  any  other  article,  either 
in  the  day  or  night  time,  or  to  sing  or  dance  in  a  lewd  or  indecent  manner, 
or  to  permit  any  such  lewd  wom:ui  to  act  as  bartender  in  any  such  house 
or  place,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  be  fined  not  less  than  tifi\  nor  more  than  one  hundred  dollars.  (]\I. 
C.  sec.  1442.) 

See.  1521.  ()|>inm  dens  forbidih'ii. — Any  j)er.son  who  shall  main- 
tain and  kee]i  in  the  city  an\  place  oi'  room  where  oiiium,  or  hasheesh,  ov 
any  extract  of  said  drugs,  or  any  compound  in  which  said  drugs  are  ingred- 
ients, is  smoked  by  himself  or  others,  or  who  shall  attend  at  any  room  or 
])la(e  f(u-  the  ]iur]iose  of  assisting  or  aiding  any  person  to  smoke  opium  or 
hash(>esli.  or  any  extract  of  said  drugs,  or  any  compound  in  which  said  di-ugs 
arc  ingredients,  shall  Vic  gnilty  of  ;i  misdemeanor,  and  upon  cniiviciion  shall 
be  fined  not  less  than  liflv  nor  more  th;in  three  hundred  dollai's.  (M.  C., 
.sec.  1443.) 


ART.   I.I  OF  OFFENSES  AGAINST  MolIAI.S  OK   I  >I:CE;NC  V.  873 

Sim-     ir>>-2.       llldtMUMlt  JHlv«'rtis«MlU'Ilts  of  <'UIM»  of    VlMlOITJll    <lis- 

eascs  prohibited. — Auv  [n-rsttn  wlm  sliall  ln'  tiiiilly  i>t"  .-itickiufr.  <>i"  imtliug 
ii|i  in  ;iii\  siri'ft.  ;ivi'iuit'.  (if  iillcv.  on  iin.v  w;ill,  fclict'.  iii'  iitlicr  pulilic  place 
ill  this  cilv.  aii.v  iiidiMtMit  of  };ios.s.  iniiiicd  of  wfiltcii  ii<lvi'ft  isciiKiiil.  1)111  of 
iM>tii»'  of  liis  pforcssioiial  skill,  of  I'diicilifs  (of  the  riifiiif;  of  vciicfcal.  or 
wbal  aft'  usually  rallfd  si'cicl  liiscascs.  or  causiiif;  tlic  same  to  lie  sinck 
or  i)ut  up.  Of  who  sliall  causi-  any  such  iiiiicct'iil  or  -ifoss.  pfiulcd  of  wfiltcn 
advcftisciiu'iit,  eitlief  as  a  hill  of  cifculaf.  wlictlicf  inclosed  in  an  cnviloiic. 
Of  any  olhcf  foi-iii.  to  hi'  left  in  any  yard  of  iifcniiscs  at  (ached  to  any  dwell 
iii.U  house.  Of  to  he  |mi  iindef  the  door,  of  lo  he  j;iMMi  lo  any  scfvant  of  olhef 
|ie]soii  in  Of  alioiit  such  dwelling'  house,  shall  lie  deemed  iiuilty  of  a  niisde- 
ineaiinf.  and  upon  conviction  thefeol".  lie  liiicil  imi  less  than  lifly  iiof  iiiofe 
than  live  1iiiih1ic(I  dollars,      i  .M.  ('.,  sec.  llll.i 

Sec.  152:5.  \  »'iu'r«'al  (lis»>as»'s  tiisdilMidon  on  streets  of 
books,  ete.,  treatinjr  of,  [»r4»hibi(e<i — pt'iialty. — No  pefsou  oi'  per.sous 
[any  person  wbi)]  shall  sell  or  otTer  to  sell,  oi-  i;ive  awuy  or  offer  to  jfive  away 
disli'iliute  Of  ha\e  in  his  or  hef  |iossessii)n  with  intent  to  jjive  away,  sell  of 
disifihiiie  in  of  u|i<iii  any  sidewalk,  jiark  of  |iiililic  jifopefty  of  the  City  of  St. 
I.oui.s,  any  hook.  pani|>hlei.  ciicular.  handliill.  advert  iseiiient  or  notice  of  any 
kind  piii'poflin^  to  ireat  ov  treatiiif:  of  di.seases  known  as  ••venereal  diseases." 
describing;  or  expiaiiiiiif;  or  purportinj:  to  describe  or  exidain  the  j;eiiital 
or<;ans.  f;ivinf;  or  ](urportinf!;  tt)  ijive  the  nature  and  remedies  of  diseases  jte- 
ciiliar  lo  female  and  uterine  disea.ses.  or  the  nature  or  causes  of  nervous  de- 
bility, impoteiicy.  stei'ility  or  barfeiiness.  private  disea.ses  or  (he  remedies 
tliefefiif.  or  the  causes  or  remedies  for  abortion  or  miscarriaj;!'  or  ai-licles 
or  means  of  preventinf;  conce|ilioii.  shall  he  deemed  guilty  of  a  misdemeanor, 
and  u|)on  conviction  thereof,  shall  be  lined  in  a  sum  not  less  than  tifty  dol- 
hii-s  nor  more  than  live  hundred  dollars  for  each  and  every  olVciise  and  \iola 
timi  of  this  .section.     (M.  ('.,  sec.  14-ir(.) 

Sic.  l.M'i.  IMihliealioiis  ;is  (o  \eiier«'al  <lis«'as«'s,  abortions, 
niisi-arriaj^es,  «'t«-.,  di^t  rilnitioii  on  slrrrts  |>roliilii(ed  —  No  [any] 
peison  of  pel-sons  [who|  shall  .sell  or  oiler  lo  sell,  j;ive  or  olVer  to  f;ive  awa.v. 
distribute  or  have  iu  liis  or  her  possession  with  intent  to  irive  away, 
sell  or  dislribiite  in  or  upon  any  street  or  sidewalk  or  jiark  of  |iublic  prop- 
erty of  llie  City  of  St.  Louis,  any  book,  pamphlel.  circular,  handbill,  adver 
tiseiiieiit  or  notice  of  aii.v  kind  <;iviii^  or  piirporliii};  lo  i;ive  informalion  from 

whom  or  where  medicine  or  an\lhinji  whatever  may  1 btained  for  the  cure. 

prevention  or  treatment  of  uterine  disea.ses.  or  di.seases  peculiar  to  females. 
\eiiefe.il  disea.si-s  of  disea.ses  of  the  ■;eiiilal  off:aiis.  or  nervous  debility,  im- 
poteiicy, sterility  or  barrenness,  private  di.sea.ses.  abortion  or  miscarriafie.  or 
articles  or  means  of  jireventin;:  conception,  shall  be  deemed  ffuilly  of  a  iiiis- 
deineaiior.  and  upon  conviction  lliereof,  shall  lie  lined  in  a  sum  of  not  less 
than  lifly  dollars  nor  more  than  five  liiindred  dollars  for  each  and  every  of 
feiise  and  violation  of  this  sect  ion.     i  M.  ( '..  sec.  I  I  !•;  i 

S.e.  i.")2.">.  Same — newspaper  advert isi'inents  pndifbited. — 
.\n.\  person  who  shall  in  the  ('it.\  of  St.  Louis,  advertise  or  can.se  to  be  ad- 
xertised  in  any  newspaper  printed  or  circulated  in  .said  city,  or  who  sliall 
print  or  |iiiblisli  any  adverli.seineni  or  notice  in  any  newspaper  iirinted  or 
cinul.'ited  as  aforesaid,  purportini;  to  -iive  iiiformalion  as  to  the  treatment 
of  venereal  or  private  or  womb  disea.ses.  or  iiii|ioteni-y.  self  abuse,  sterility 
or  any  disease  perlainin;;  to  the  ;;eiiiial  or;;aiis.  or  purport  in;r  to  ;,'ive  in- 
formation from  whom  or  wliere  medical  treatment  or  medicine  ina\'  Ik'  pro- 
cured in   the  above  nieiitioiied  eases,  or  any  of  them,  shall   be  {jnilly  of  a 


874  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  IS. 

misdemeanor,  aud  upon  conviction,  shall  be  lined  not  less  than  flifty  nor 
more  than  live  hundred  dollars  for  each  and  every  offense.  (M.  C,  sec.  1447.) 

Sec.  15'2(i.  Guiiibling  device — settinjf  up,  prohibited. — Every 
person  who  shall  set  up  or  keep  any  table  or  ganibliug  device  in  the  City 
of  St.  Louis,  commonly  called  A  B  C,  faro  bank,  E  O,  roulette,  equality, 
keno  or  any  kind  of  gambling  table,  or  gambling  device,  adapted,  devised 
and  designed  for  the  purpose  of  i>laying  any  game  of  chance,  for  money  or 
property,  aud  shall  induce,  entice  or  jiermit  any  person  to  bet  or  play  at 
or  upon  any  such  gambling  table  or  gambling  device,  or  at  or  upon  any 
game  played  only  by  means  of  such  table  or  gambling  device,  or  on  the  side 
or  against  the  keeper  thereof,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  fined  not  less  than  ten  dollars  nor  more  than 
five  hundred  dollars  for  each  and  every  offense.     (M.  C,  sec.  1448.) 

A  fair  and  reasonable  Inference  from  the  evidence  tliat  defendant  is  in  charge 
of  and  sets  up  tlie  game,  is  sufficient,  though  tliere  be  no  direct  testimony  to 
that  effect;     St.   Louis  vs.  Wiley,   8  Mo.  App.   59T. 

"Crack  loo"  is  a  gambling  device;  Canton  vs.  Dawson,  71  Mo.  App.  2?,o,  citing 
State  vs.  Flack,  24  Mo.  378. 

Whether  under  the  State  statute  playing  cards  are  a  gambling  device,  see 
State  vs.  Herryford,  19  Mo.  377;  State  vs.  Mohr.  55  Mo.  App.  329;  State  vs.  Torphy, 
66  Mo.  App.  434;  State  vs.  Purdon,  3  Mo.   114;  State  vs.  Gilmore.  98  Mo.   206. 

I.ottot    Lowry   vs.   State.   1   Mo.    722. 

Horse  Rnee:     State  vs.  Hayden,  31   Mo.   35.    State  vs.   Lemon,  46  Mo.   375. 

Gun  iind  Target:     State  vs.   Bryant.  90  Mo.   534. 

Crap  Tablet     State  vs.   Lockett.   1S8  Mo.   415,  and   cases  cited. 

Under  the  State  law  it  was  not  necessary  in  order  to  constitute  the  offense  of 
entU-int:  anil  perniitlinKi  etc..  that  money  be  bet.  etc.:  State  vs.  Fulton,  29  Mo. 
680;  State  vs.  Smith,/*.  683. 

Tile  repeal  of  an  ordinance  i)rohil)iting-  tlu'  setting  up  and  keeping  of  gaming 
tables,  except  as  to  offenses  committed.  Is  valid:  Kansas  City  vs.  White,  69 
Mo.    26. 

Sec.  1527.  Gambling  device — bettiiijj  on— forbidden — Every 
person  who  shall  in  the  City  of  St.  Louis,  bet  any  money  or  property  of  any 
nature  whatsoever  upon  any  gaming  table,  bank  or  device,  prohibited  by  the 
preceding  section,  or  at  or  ujjon  any  other  gambling  device,  or  who  shall 
bet  u])on  any  game  played  at  or  by  means  of  such  gaming  table  or  other 
gambling  device  or  who  shall  loan  or  furnish  any  money  to  any  other  per- 
son to  bet  as  aforesaid,  and  the  same  shall  be  so  used  or  who  shall  in  any 
manner  be  interested  in  any  such  playing  or  betting  at  such  device,  shall 
be  guilty  of  a  misdemeanor,  and  ujion  conviction  thereof,  shall  be  fined  not 
less  than  five  dollars  nor  more  than  twenty-five  dollars  for  each  and  every 
otrense.      IM.  C,  .sec.  144;i. ) 

See   note   to    preceding   section. 

A  fair  inference  from  the  evidence  that  defendant  was  playing  keno  for  money 
is  sufficient  though  there  be  no  direct  testimony;  St.  Louis  vs.  Sullivan,  S  Mo. 
App.   455. 

Sec.  1528.  Ganildinj;  device — penalty  for  perniittinjj:  prem- 
ises to  be  used  for. — Every  i)ersoii  who  in  the  City  of  St.  Louis,  shall 
knowingly  jiermit  iuiy  gambling  table,  bank  oi'  device  to  b(>  set  up  or  used 
for  the  ])uriiose  of  gaming  in  any  lunise,  building,  shed,  booth,  shelter,  lot 
or  other  premises  to  him  belonging  or  by  him  occui)ied.  or  of  which  he  has 
at  the  time  the  jiosscssion  or  control,  shall  be  guilty  of  a  misdemeanor,  and 


AKT    I  1  OV  OFFENSliS  AGAINST  MOUALS  OR  DECENCY.  875 

Upon  coiiviction  thereof,  sbtiU  be  fined  uot  less  than  ten  nor  more  than  four 
IniiKirt'il  liiilars  for  (>ai-li  and  every  such  olfense.     (M.  C,  sei'.  H.")!).) 

Ser.  lo'JK.  Coiiiiiioii  ;;aiiiiii^-lioiiM(> — proliiliitcd.  —  Kvci-y  person 
who  sliall  in  llie  ("ii\  of  Si.  Loiii.s,  .-^ci  uji  and  kei'|i  a  c  uiiiiuon  {:;aiain},' luiuse, 
shall  lie  j;nilty  of  a  Tiiisch'iMeanoi-.  and  upon  conviciion  ilu-reof,  shall  lie  fined 
not  less  than  ten  dollars  nor  more  than  live  hundred  dollars  for  eaili  of- 
fense.    (M.  C.  spc.  14ril.) 

Occasional  games  of  poker  privately  played  with  acquaintances  for  mon-^y  In 
Ills  room  does  not  make  one  tlie  keeper  of  a  common  (;amin»;  house:  State  vs. 
Mosby,  53  Mo.  App.  571.  (holding  also  that  evidence  of  eeneral  reputation  of  de- 
fendant and  those  who  freiiuented  the  house  was  admissible,  and  also  that  a 
common  Kamlng  house  may  consist  of  n  single  room  rented  in  a  houso  of  many 
rooms  and  not  open  to  the  whole  public,  nor  exclusively  used  for  gaming).  A 
gaming  house  may  consist  of  a  boat:     State  vs.  Metcalf,  65  Mo.  App.   681. 

In  upholding  an  Ohio  statute  the  U.  S.  Supreme  Court  recently  said  in  Miirvin 
vs.  Trout,  \9'J  V.  S.  2\2:  "For  a  great  many  years  past  gambling  has  been  very 
generally  in  this  country  regarded  as  a  vice  to  be  prevented  and  suppressed  In 
the  interest  of  the  public  morals  and  the  public  welfare.  Tlie  power  of  the  state 
to  enact  laws  to  suppress  gambling  cannot  be  doubted,  and.  as  a  means  to  that 
end.  we  have  no  doubt  of  its  power  to  provide  that  the  owner  of  the  building  in 
which  gambling  Is  conducted,  who  knowingly  looks  on  and  permits  sueli  gam- 
bling, can  be  made  liable,  in  his  propery  which  Is  thus  us<h1.  to  pay  a  Judgment 
against  those  who  won   the  money,  as  is  provided  in   the  statute  in  question." 

S,c.  1580.  (ii:inil>Iin<j:  «l«»vico — lottin};  of  piM'miscs  for  pro- 
hibited.— Every  peisuii  wliu  shall  in  the  City  of  St.  Louis,  lease  or  lei  to 
another  any  house  or  other  buildiiif;,  or  any  rooms  therein,  for  the  purpose 
of  seltinji  up  or  keejiin^  therein,  any  of  the  {raniini;  tables,  banks  or  devices 
|>rohiliiied  by  the  precediii};  provisions,  or  for  the  iiurjiose  of  beinj;  used 
and  ki'|it  as  a  •;amin;;honse,  shall  be  f^uilly  of  a  iiiisdciiieanor.  and  n|ioii  con- 
\irlioii  thereof,  shall  be  lined  nol  less  than  ten  dollai's  nor  more  than  live 
liundi't'd  dollars  for  each  and  every  dH'ciisc.     i  .M.  ('.,  sn.  It. ')!!.) 

See.  1531.  (liiiiihliiifr  device — keeper  of,  <Ielined. — Every  person 
in  the  City  of  St.  Jjiiiis.  appearinj;  or  acliiif;  as  master  or  mistress,  or  hav- 
inn  iu  eare.  nse  or  mana}:ement  for  the  time,  of  any  ]irohibiIed  };amiii};; 
table,  bank  or  device,  shall  be  deemed  a  keeper  thereof,  and  every  person  in 
the  City  of  St.  Louis,  who  shall  ajipear  or  act  as  master  or  mistress,  or  hav- 
ing the  care,  use  or  management  of  any  liou.se  or  buildin<;,  or  room  or  rooms 
therein,  in  which  any  namin<;  table.  Iiank  or  device  is  .set  up  or  kept,  or  of 
anv  fiaminj;  house,  shall  be  deemed  to  be  tlie  keeper  thereof.  (M.  C,  sec. 
14.-);{.| 

See  notes  to  preceding  sections:  see  also  State  vs.  Ebert.  10  Mo.  1S6;  State  vs. 
Gllmore.  98  Mo.   206 

See.  1532.  Giiiiiiii<;,  proliil)iled.^ — If  any  iior.son  in  the  City  of  St. 
Louis,  shall  play  at  any  ^anii-  wliaisocver  for  money.  ]ir()]ierty  of  any  nature 
whatsoever,  or  piin.  with  cards,  dice  oi-  any  other  device  whidi  may  be 
.adapted  to.  or  n.sed  in  playinj:  any  fiame  of  chance,  or  in  which  chance  is  a 
matt'i-iai  element,  or  shall  bet  or  wa),'er  on  the  hamis  or  cards,  or  sides  of 
such  as  to  pl.'iy  as  afoiesaiil.  |lie{  sliall  be  deemed  };nilty  of  a  iiiisdemeaiioi'. 
and  upon  conviction  thereof,  shall  be  lined  not  less  than  live  nor  more  than 
twentyrtvp  dollars  for  each  otTense.     (JL  C.  sec.  1454.) 

ICvery  betting  Is  a  separate  offense:     Sec  Toney  vs.  State,  13  Mo.  455. 

Sec.  1.">.S:{.  I,of f eries  — proliil)it«'d.  If  any  person  shall  make  or 
establish  or  aid  or  assi.si   in  making'  "C  i-sijiblishinj;  anv  lotterv.  };ift  or  en- 


876  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  18. 

tei-pri.se.  or  scheme  of  drawing  in  the  nature  of  a  lottery,  for  any  purpose 
in  the  City  of  St.  Louis,  or  shall  advertise  or  make  public,  or  cause  to  be 
advertised,  or  made  pulilic.  Ity  means  of  any  newspajHT.  jianiphiet.  circular, 
or  other  written  or  printed  notice  thereof,  pi'inted  or  circulated  in  the  City 
of  St.  Louis,  whether  the  same  is  being  or  i.s  to  be  conducted,  held  or  drawu 
within  or  without  the  City  of  St,  Louis,  he  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  shall  be  fined  not  less  than  ten 
dollars  nor  more  than  five  hundred  dollars  for  each  offense.  iM.  <\.  sec. 
14.jr).j 

As  to  violation  of  State  statute  see  State  vs.  Kaub.  15  Mo.  App.  433;  /*.  90 
Mo.  196;  State  vs.  Mumtord.  73  Mo.  647;  State  vs.  Russell.  17  Mo.  App.  16;  State 
vs.  Bruner.  17  Mo.  App.  274;  State  vs.  Harmon.  60  Mo.  App.  48;  State  vs.  Pomeroy, 
130  Mo.  489;  State  vs.  Wilkerson.   170  Mo.   184. 

A  city  ordinance  is  valid  notwithstanding  a  State  statute  on  the  same  sub- 
.lect;  and  the  ordinance  is  enforcible  by  tine  and  in  default  of  pa.vment  by  im- 
prisonment in  the  workhouse;  Ex  parte  Kiburg,  10  Mo.  App.  442;  and  the  ordi- 
nance is  valid  though  it  provides  a  more  definite  fine  and  penalty  than  the  stat- 
ute; this  does  not  create  any  repugnancy  between  them:  Kansas  City  vs.  Hallett. 
59  Mo.  App.  160;  see  also  Kansas  City  v.s.  Zahn.  73  Mo.  App.  396.  As  to  when  distri- 
bution of  prizes  to  subscribers  of  a  newspaper  by  the  proprietors,  in  pursuance 
of  a  pre-arranged  advertised  scheme,  though  no  tickets  be  sold,  operates  as  a 
lottery,  see  State  vs.  Mumford,   73  Mo.   647. 

One  having  a  license  for  a  show  or  exhibition,  prohibited  from  running  a  lot- 
tery by  R.  C.  1595. 

Sec.  1534.  Lottery  tickets— sale  of,  prohibited. — Any  person 
who  shall  in  the  City  of  St.  Louis,  sell  or  ex]»ose  to  sale,  or  cause  to  be  sold 
or  exi)o.sed  to  sale,  or  shall  keeji  on  hand  for  the  purpose  of  sale,  or  shall 
advertise  or  cause  to  be  advertised  for  sale.' or  who  shall  print  or  jmblisli 
such  adverti.sement,  or  shall  aid  or  assist,  or  be  in  anywise  concerned  in 
the  sale  or  exposure  to  sale  of  an_y  lottery  ticket  or  tickets,  or  any  share  or 
I)art  of  any  lottery  ticket  in  any  lottery  or  device  in  the  nature  of  a  lottery, 
within  the  (."ity  of  St.  Louis,  or  elsewhere,  and  any  jieison  who  shall  in  the 
City  of  St.  Louis  advei-tise  or  cause  to  be  advertised,  the  drawino-  of  any 
selienie  in  any  lottei-y,  or  shall  jjrint  or  j)ublisli  such  advertisement,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  lined  not 
less  than  ten  dollars  nor  more  than  five  huudrea  dollars  for  each  offense. 
I  -M.  ("..  sec.  U.")t>. ) 

See  note   to  preceding  section. 

Sec.   153.5.       Lottery,   etc.,   lettinj?  of  premises   for   prohib- 

ite<l.  — Every  person  who  in  the  City  of  St.  i^ouis.  shall  knowingly  permit 
to  be  used,  any  house,  building,  shed,  booth,  shelter,  lot  or  other  premises 
to  him  belonging,  or  by  him  occupied,  or  of  which  he  has  at  the  time  pos- 
session or  control,  for  the  sale  or  exposure  to  .sale  of  any  lottery  ticket  or 
tickets,  or  any  share  or  jiart  of  any  lottery  ticket  in  any  lottery,  or  device 
in  the  nature  of  a  lottery,  or  for  the  jturjiose  of  conducting  any  gift  enter- 
prise, or  scheme  of  drawing  in  the  nature  of  a  lottery,  within  the  City  of 
St.  Louis,  or  el.sewhere.  shall  be  deemed  guilty  of  a  misdemeanor,  and  n])on 
conviction  thereof,  shall  be  fined  not  less  than  ten  dollars  nor  more  ilian 
foui-  hundred  dollars  for  each  and  every  offense.     (M.  C,  sec.  14.")7.) 

AirncLlC  II. 

OF  OFFENSES  .\FFECTI.N<i  THl':  PUBLIC  ORDER  AND   PE.VCl-:. 

Sec.  1536.  Riotous  assemblies  forbicUlen. — Any  two  persons  who 
shall,  in  this  citv.  usseiiible  toi.'etlier.  or.  beini;  assembled,  shall  act  in  con- 


AltT.  II.  1     OF  OFFENSKS  AFFECTING  Till':   ITlil.lC  ORDER  ANI>   I'lOACE.  877 

rrri  Id  ilii  :iii\  unlaw  I'lil  act  uiili  lurcc  or  violence,  ajiainst  tlii>  property  of 
ihis  cily.  oi-  Ilic  persim  or  pro|)crl.v  of  aiiotlier.  or  a^ainsl  llic  |K'ace  or  to 
llu-  lcri-oi-  of  oilici's,  and  sliall  make  anv  inovcnieiil  or  preparation  llicrefor, 
anil  everv  person  jiresent  at  such  nieetiiiij  or  assenililv.  who  shall  iiol  en- 
deavor to  prevent  liie  eoinniission  or  perpelral ion  of  sneli  unlawl'nl  aet, 
shall  lie  deeiiied  };nilty  of  a.  niisdeineanor,  and  n|ion  eoiivietion  thereof,  be 
fined  not  less  than  ten  nor  more  than  til'i.v  dollars.     (.M.  C..  see.  14.")S.) 

Charter  provisions  as  to  riots,  sli-  .Vrt.  Ul.  sec.  26.  clause  9:  Mayor's  powers 
In  case  of  riots,  R.  C.  sec.   1G04. 

See.  1537.     Disturbances  of  (lie  peace— ussau It,  etc.— penalty 

.\ny  person  who,  in  this  city,  shall  distiirli  the  jieace  of  others  liy  violent, 
liiiniiltnons.  olVeiisive  or  ohstre]ierons  condiicl  or  carriaj;(>.  or  hy  lond  and 
iiniisnal  noises,  or  liy  nnseemly.  inorane,  olisceiie  or  ot'ensive  laniiiiafie.  cal- 
ciliated  to  provoke  a  breach  of  the  peace,  or  by  assaulting;,  strikinj;  or  Hj;ht- 
ill};  anoiher;  or  any  person  who,  in  this  city,  .«hall  permit  any  such  conduct 
in  or  upon  any  house  or  ])reinises  owned  or  ]iossessed  by  them.  |iiini].  or  nn 
der  (his|  their  maiiai;ement  or  control,  so  that  others  in  the  vicinity  are  dis- 
nirlicd  thereby,  shall  be  deeiiied  irililly  ol'  a  niisdenieailor.  and  ii]ion  convic- 
rion  thereor.  be  lined  not  less  than  live  nor  more  than  live  hundred  dollars. 
M.  (•..  .s,.,-.  1  ».->!».  I 

A  municipality  may  pass  an  ordinance  against  disturbance  of  the  peace, 
thouFch  there  Is  a  State  statute,  (not  Inconsistent  with  It)  on  the  same  subject: 
niasKOW  vs.  Baznn.  96  Mo.  App.  412.  An  ordinance  providing  that  "every  person 
who  shall  willfully  disturb  the  peace  by  loud  or  unusual  noise,  by  blowing  horns, 
trumpets,  or  other  Instruments,  or  by  any  other  device  or  means  whatsoever, 
shall  be  deemed  guilty  of  a  misdemeanor."  Is  not  violated  by  parties  engaged  In 
a  "charivari"  unless  the  effect  Is  to  disturb  the  peace  and  quiet  of  the  citizens  or 
sonii'  of  them.  St.  Charles  vs.  Meyer.  ?>H  Mo.  86.  .4  peace  officer's  personality  Is 
merged  In  his  official  position  and  his  peace  cannot  be  disturbed  by  the  offensive 
l.inguage  of  one  of  a  crowd  which  he  Is  trying  to  disperse:  Salem  vs.  Coffey, 
113   Mo.    .\pp.    67.'.. 

[See.  l.")37u.     Tlirou  int;  confetti.  Hour,  etc.*] 

S. c.  l.").is!      Sunihix  orotJM'i-  day — tlisf iirliance  of  |)ea«"e  <»n — 

sweariii};,   cannin<;  lieer,  l<»afin<j:,  etc.— penalty Any  person  who 

shall,  on  Sunday  or  any  other  day  of  the  week",  disturb  the  peace  by  any 
noisy,   riotous  or  disorderly  conduct,   in  any  jiark,  street,  alley,  highway, 


•Ordinance  22364.  approved  Oct.  2.  1906.  after  submission  of  the  Revised  Code 
to  the  assembly  and  before  Its  passage,  so  that  It  could  not  be  Included  therein 
Is  as  follows: 

(22S64.> 

An  ordinance  to  amend  Chapter  Eighteen  of  the  Municipal  Code  by  adding  a 
ne%v  section,  to  be  known  as  Section  Number  Fourteen  Hundred  and  Fifty-nine  A. 

Be  It  ordained  by  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  follows: 

Section  One.  Chapter  Eighteen  of  the  Municipal  Code  Is  hereby  amended  by 
adding  a  new  section,  to  be  known  os  Section  Fourteen  Hundred  and  FIfly-nlne 
A.  as  follows: 

S»>ctlon  Fourteen  Hundred  and  Fifty-nine  A.  Any  person  who.  In  this  city, 
shall  on  the  public  streets  or  highways  or  In  the  public  parks,  or  other  places 
where  the  public  congregate.  to!<s  at  or  throw  upon  any  one  any  quantities  of 
flour  or  confetti,  or  any  other  substance,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof,  before  either  of  the  police  Justices  of  this  city,  shall 
be  fined  not  less  than  five  dollars  nor  more  than  twenty-five  dollars  for  each 
offense. 


878  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  IS. 

thorouglif;ir(\  or  otlicr  jnihlU-  jilare  or  public  resort  for  pleasure  or  amuse- 
ment or  other  purposes,  or  auy  person  or  persons  who  shall  lounge,  stand 
or  loaf  around  or  about,  or  at  street  corners,  or  other  public  i)laces  in  the 
daj-  or  night  time,  or  who  shall  use  indecent,  lewd  or  profane  language  on 
the  public  street  or  other  public  places,  or  who  shall  purchase  or  otherwise 
obtain  any  beer,  wine  or  si)irituous  or  malt  li(|uors  bj'  the  measure  or  in 
quantities  greater  than  one-half  pint  and  drink  the  same  upon  or  on  the 
public  streets,  alleys,  parks,  or  other  public  thoroughfares  or  places  in  the 
city,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
before  either  of  the  jiolice  justices,  shall  be  fined  in  a  sum  of  not  less  than 
five  nor  more  than  fifty  dollars.  The  above  jirovisions  not  to  apply  to 
workingmen  drinking  beer  at  lunch  or  dinucr  at  their  places  of  work,  i  M. 
<:..  sec.  1460.) 

Sec.  1539.  Dram  shops,  permitting  disturbances  in,  forbidden 
— selling:  liquor  to  intoxicated  person. — Any  keeper  of  a  dram  shop, 
beer  house,  or  other  place  of  ])ublic  resort,  who  shall  permit  any  breach  of 
the  peace  or  disturbanec  of  public  order  or  decorum,  by  noisy,  riotous  and 
disorderly  conduct  on  his  premises,  when  it  was  in  his  power  to  prevent 
it,  or  who  shall  sell  any  intoxicating  drink  to  any  i)erson  already  intoxicat- 
ed, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
be  fined  not  less  than  twentv-five  nor  more  than  two  hundred  and  fifty  dol- 
lars.    (M.  C,  sec.  14C1.) 

See.  1540.     Band  music  in  streets,  when  prohibited— permit. 

— It  shall  not  be  lawful  for  any  military  company,  or  any  procession,  or 
any  body  of  persons,  accompanied  with  martial  music,  to  march  or  pass 
through,  or  for  any  person  to  jilay  on  any  musical  instrument  in.  any  of  the 
streets  of  the  city,  within  one  block  of  any  house  of  worship,  on  Sunday 
during  the  hours  of  worship.  Xor  shall  it  be  lawful  for  auy  l)aud  of  music 
to  play  in  the  streets  for  any  procession  with  advertising  devices,  or  to  move 
on  said  streets  without  a  permit  from  the  mayor;  provided,  that  nothing 
herein  contained  shall  ])ievent  any  military  company,  organized  under  the 
laws  of  the  state,  (nmi  parading  with  a  band  of  music  on  any  day  except 
Sunday.  Any  jierson  who  shall  violate  this  section  shall  be  deemed  guilty 
of  a  misdemeanor,  and  ujjon  conviction  thereof,  shall  be  fined  a  sum  not  less 
than  ten  dollars  nor  more  than  fifty  dollars  for  each  and  every  ottense.  (M. 
C.  sec.  1402.)  '        -^''" 

Charter   provision    requiring   regulations   of    public    processions    in    the    streets: 
See  Charter  Art.  XVI,  sec.   10. 

Sec.  1541.  Disturbing  religious  wor.ship — penalty — Any  person 
who  shall,  in  this  city,  disquiet  oi  disturb  any  congregation  or  assembly 
met  for  religious  worshiji,  by  making  a  noise,  or  by  rude  or  indecent  be- 
havior, or  })rofaue  discourses  within  their  ]iiace  of  worshi]).  or  so  near  the 
same  as  to  disturb  the  order  or  .solemnity  of  the  meeting,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  c  onviction  thereof,  be  fined  not  less  than 
ten  nor  more  than  fifty  dollars.     iJI.  <".,  sec.  14f;;?.) 

See.  1542.     Disturbing  lawful  assembly — penalty Auy  person 

who  shall,  in  this  city,  disturb  any  lawful  assemblage  of  jieople  by  rude  and 
indecent  behavior,  or  shall  be  found  loitering  at  the  corners  of  streets,  or 
ill  the  vicinity  of  any  i)lace  of  amusement,  or  hotel,  or  thoroughfare,  and 
refuse  to  disju'rse  or  vacate  such  place  when  requested  to  do  so  by  any 
police  officer,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  be  fined  not  less  than  five  nor  more  than  tweaty-five  dollars.  (M. 
C,  Rec.  1404.) 


AHT.  II.  I     OK  OFFENSKS  AFFECTINC,  TIIK   Pl'Bl.lC  ORDER  AN1>   PEACE,  879 

S.c.  154.>.  Whist h'H,  wli;i(  not  to  lu*  blown. — lit  reafter,  it 
slwill  not  Ih'  lawl'iil  liir  tlu'  owner  ov  owners,  aycuts,  Icsst'cs,  supervisors, 
siiperiiiteiitleiits,  workiiieii  or  eiiiployos,  in  anv  capacity,  of  auj'  sawmill  or 
factory  of  any  kind,  or  of  any  inachine  slioji  or  foundry,  or  mill  of  any  kind, 
(o  l)low,  or  sound,  or  cause  or  permit  to  lie  Idowii  or  sounded,  for  any  pur- 
pose wiiatever,  any  steam  whistle  within  the  city,  aliout  or  connecled  in 
any  manner  wilh  any  sawmill,  factory  of  any  kind,  machine  slioji.  foundry 
or  mill  of  any  kind,  of  which  he  or  ihey  are  the  owners,  at;ents,  siijterxisors. 
superintendents,  workmen  oi'  employes.     (M.  C,  .sec,  14(1").) 

Sec  1544.  IN'iialty.  - -.Vny  person  oll'endiii';  af^ainst  the  next  forego- 
inj;  section  shall  l>e  deemi'il  fjuilly  of  a  misdeiiu'anor,  and  upon  conviction 
thereof  he  tined  not  less  than  live  nor  more  tlian  one  liundred  dollars,  but 
this  article  sliall  not  he  so  construed  as  to  iirev(>nf  the  usje  of  ste;ini  whistles 
on  steamlioats  or  locomotives  within  the  city.     i.M.  ('.,  sec.  14titi.  i 

See.  l.")4r).  Fal.si'  alariit  of  lirt'— pi'iialtj. — Any  person  who 
shall  intentionally  in  this  city  {iive  or  make  a  false  alarm  of  fire,  shall  be 
di'emed  j^uilty  of  a  misdemeanor,  ami  upon  conviction  thereof,  lie  linc^d  not 
less  than  lifty  nor  more  than  two  hundreil  dollars,     i  M.  (".,  see.  14riT.i 

Sec.  I.j4ti.  Kin;;iii;;-  bell.s  lor  auction— penalty. — Any  per.son 
who  shall,  in  this  city,  emjdoy  any  bell  man,  or  use,  lu*  cause  to  be  used, 
any  hell  or  other  soniitlin;;  instrument  as  means  of  attracting;  peojile  to  an 
auction  or  other  place,  or  shall  ]ierinit  any  such  to  he  used,  for  or  on  his 
account,  shall  he  deemed  ;iuilty  of  a  misdemeanor,  and  upon  c(Uivictiou 
thereof,  lie  lineti  not  less  than  live  nor  more  than  lifty  dollars.  (M.  ('.,  sec. 
14(i8. ) 

See.  1.547.  Hand  orf^ans  or  otlu-r  iiuisieal  instrument — pro- 
hihiteil — ex<'ei»t  in  parades.  — No  license  shall  be  ^'ranted  to  .iny  per- 
son who  shall  carry  alioiii  ihe  streets  any  hand  or^an  or  other  musical  in- 
strument for  the  purpose  of  playinj;  music  thereon,  either  on  any  street, 
alley  or  public  hij;liway,  or  in  any  housi>,  for  f;aiii;  and  whoever  shall  can-y 
such  or;;aii  or  instrument  fdr  such  jiurpose,  shall  be  deemed  fiuilty  of  a  mis 
demeanor;  provided,  that  this  section  shall  luit  be  construed  to  refer  to 
inusii-  rei|uired  for  a  military  parade,  burial  or  other  proc(>ssion,  or  sere 
nadin;;  |iarty.     1  M.  ('.,  sec.  14(!!l. ) 

See.  154.S.  Carrviu};  sluu};  sluits,  brass  UnuckleM,  etc.  — pen- 
alty. — \\lieiie\er  there  shall  U-  found  uiion  Ihe  person  of  any  one  who  has 
been  found  guilty  of  a  breach  of  the  peace,  or  of  conduct  calculated  to  pro- 
voke a  breach  of  the  jieace,  any  sluu};  shot,  colt,  or  knuckles  of  lead,  brass 
or  other  metal;  or  when  upon  trial,  evidence  shall  be  adduced  proviii}!  that 
such  weapons  were  in  the  pos.sessioii  or  on  Ihe  person  of  any  one  while  in 
the  act  of  commission  of  the  acts  aforesaid,  such  person  shall  be  deemed 
guilty  of  a  misdeiiieanor,  and  on  conviction  thereof,  shall  be  lined  not  less 
than  fwenty-liv(>  dollars  nor  more  than  ti\('  hnndred  dollars.  (  M.  ('..,  see. 
14711.) 

S.c.  l.')4'.).  Snni«'  —  <M»n«'eale(l  w<'apons  —  <'arryin<;  <»f,  pro- 
hibited.— Hereafter  it  shall  iioi  In-  lawful  fur  an_\  iieison  to  wear  under 
his  clothes,  or  concealed  about  his  person,  any  pistol  or  revolver,  colt,  billy, 
slung  shftl.  cross  knuckles,  or  knuckles  of  lead,  brass  or  other  metal,  bowie 


880  RI-:V!SKU  CODE  OK  GKNERAL  OKKIXANCES.  [CHAP.  l.«. 

knife,  razor,  dirk  knife,  dirk,  dagger,  or  any  knife  resembling  a  bowie  knife 
or  any  other  dangeious  or  deadly  weajion,  within  the  City  of  St.  Louis, 
without  written  jiernii.ssion  from  the  mayor;  and  any  jierson  who  shall  vio- 
late this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof,  be  fined  not  less  than  ten  nor  more  than  five  hundred  dollars 
for  each  and  every  offense.     (M.  ("..  sec.  1471.) 

Sufficiency  of  information  for  carrying  concealed  weapons:  Columbia  vs. 
Johnson.  72  Mo.  App.  232.  This  section  was  sustained  as  being  within  the  power 
of  tlie  city  to  enact;  the  court  says:  "Under  its  general  grant  of  powers  the  city 
might  well  adopt  and  enforce,  in  manner  as  provided,  such  an  ordinance  as  ap- 
pellant is  found  to  have  violated.  It  is  a  wholesome  provision  for  the  preserva- 
tion of  peace  and  order  in  the  city":  St.  Louis  vs.  Vert.  S4  Mo.  204.  See  also 
Orrick  vs.  Akers.  109  Mo.  App.  662.  The  city  may  pass  such  an  ordinance  though 
there  be  also  a  State  statute  thereon,  if  it  be  not  inconsistent  therewitli:  Linneus 
vs.  Dusky,  19  Mo.  .'Vpp.  20;  and  it  is  not  void  if  the  penalty  provided  by  ordi- 
nance is   less  than   that   fixed  by  statute;    Ex   parte  Caldwell.   1.18  Mo.   233. 

Sec.  1.550.  Weapons  may  be  worn  by  o  ffi  c  e  r  s. —Nothing 
in  the  next  inccediug  section  shall  be  so  construed  as  to  jirevent  any 
United  Slates,  state,  county  or  city  officer,  or  any  member  of  the  city  gov- 
ernment, from  carrying  or  wearing  such  weapons  as  may  be  necessary  in 
the  pro]ier  discharge  of  his  duties.     (M.  C.,  sec.  1472.) 

ARTICLE  III 

OF  OFFENSES  AFFECTING  THE  PUBLIC  SAFETY.* 

See.  1551.     Automobiles,  horsele.s.n  veliicle.s— speed  limit No 

automol)iie,  locoiiiohile  or  horseless  vehicle  ])ropeI!ed  by  the  use  of  electric- 
ity, gasoline  or  steam,  by  whatever  name  such  vehicle  may  be  known,  wheth- 
er used  for  jiurjioses  of  pleasure  or  bu.siness,  shall  be  moved  or  propelled 
along,  over  or  u])on  any  ])ublic  street,  avenue,  boulevard,  or  other  ])ublic 
place,  at  a  rate  of  speed  exceeding  eight  miles  per  hour,  and  no  such  vehicle 
shall  be  moved  or  projielled  in  any  ]uiblic  park  of  the  city  at  a  rate  of  s])eed 
to  exceed  six  miles  per  hour.     (Ord.  llO.i^JfJ,  sec.  1.) 

The  State  law  of  1903  limiting  the  speed  to  nine  miles  an  hour  (Session  Lawe 
1903,  p.  162-163,  sec.  2)  was  held  constitutional:  State  vs.  Swagerty.  102  So.*  W. 
483  (Sup.  Ct.,  May  14.  1907.).  This  act  was  in  many  respects  repealed  by  the  act 
of  1907  (Laws  1907,  pp.  73-79.)  By  the  latter  the  speed  was  limited  In  any  event 
to  15  miles  per  hour,  and  six  raUes  on  intersecting  streets,  and  to  8  -miles  in  the 
business  limits  of  a  city,  and  10  miles  in  other  portions  of  tiie  city,  etc.  The 
State  law   in   many  respects  supplants  the  ordinances  as  to  automobiles,  etc. 

Sec,  1552.  Same — penalty. — Any  i)erson  violating  any  of  tlie 
provisions  of  al)o\e  section  shall,  on  conviction,  be  subject  to  a  tine  of  not 
less  than  five  iioi-  more  than  five  hundred  dollars,     [Ih.,  sec,  2,) 

Sec,  1553.  Automobiles  to  have  identification  numbers — re- 
quisites thereof. — That  hereafter  all  automobilfs  operated  in  the  City  of 
St.  l>ouis  shall  display  identification  numbers  as  herein  ]>rovided.  Such 
mimbers  shall  be  not  less  than  five  inches  high  and  the  line  marking  the 
numbers  shall  be  white  and  be  five-eighths  of  aninch  wide  at  every  point 
and  such  numbers  shall  be  placed  at  least  three-fourths  of  an  inch  a])art. 
(Ord,  2]:u;3,  sec,  1,) 

state  law,  see  acts  1907,  pp.  73-79,  providing  for  numbering,  licensing,  giving 
right  of  way  to  other  vehicles,  lights  at  niglit.  penalty,  etc.  And  see  State  vs. 
Cobb,  113  Mo.  App.  156.  as  to  former  act  of  1903. 

As  to  ordinance  requiring  automobile  licenses  see  R.  C,   ISll. 

•For  offenses  connected  with  use  of  streets  and  highw,i\'s  see  R.  C.  Chap.  IX. 
Art.   XI.   sees.   1208  rl  st(/- 


rilAI'.  IS.l  OK  OKKIONSICS  A1''1-'I:i:TINO  TIIIC  PfBMC  SAKKTV.  g81 

St'i-.    1504.       Same — sij^iis — luinibors—  plate— ooiiditioiiH.  -  All 

Sllcll    IUIImIm'I'S    ^ll;lll    \>r    {i;liuli'il    (in    lihirk    iil'    Mile   sil^lis    ill'    |ihli|lli'S    iif    Wiidil. 

iiiclal  (>i-  Icntlicr.  or  ilirci-rly  on  llic  iii:ii'liiiic  itscll'.  |ii'o\  iiicd  the  iiiiicliinc  lie 
|i;iiiili'ti  lilacU  :il  this  (liirtiiular  pliicc;  itiid  such  si^iis  or  ]il;i(|iics  shiill  lie  so 
altaclu'd  to  the  iiiailiiiit'  that  tlit'v  will  not  sway  in  any  direction  indcjicnd 
ciitly  of  the  motion  of  such  machine.  The  numbers  shall  bo  of  Arabic  nu- 
mei-als.  'riie  nundiers  to  bo  displayed  on  said  automobih'S  as  herein  pro- 
vicieij  shall  correspond  with  the  inimber  of  the  operaliiij^f  license  taj^  or  jilato 
issued  to  the  owner  of  said  auloiiioliile.  proviilinji  furtiier  that  a  liceiise- 
tai,'  or  plate  beariiij;  numbers  and  attached  to  the  niacliiiie  ami  li-^iiled  at 
ni^iht  as  herein  provided  may  be  used  as  ii  full  coii»pliance  with  the  pro 
visions  of  tliis  ordiuanue.     (lb.,  sec.  2.) 

Sec.  1555.  Same — where  placed. — Sucii  luindx-rs  siiall  be  dis- 
playetl  on  the  rear  of  the  machine  in  jilain  sijjht  as  nearly  as  jiossible  in 
the  midiile  of  the  machine,  ami  siiall  be  low  eiiouj;h  so  as  not  to  be  hidden 
by  the  hood  or  any  other  obslruciioii  on  the  machine.     (lb.,  si'c.  ;{.) 

Sec.  l.'Mii.  Same — lijjlits  to  be  <'arrie<l.  —Ail  aiitomobii(>s  when 
in  use  on  the  streets  shall  have  and  keeji  a  lij;hied  lamp  or  lantern  from 
sunset  to  day  break  which  shall  throw  a  red  light  directly  to  the  rear  of  the 
machine  and  a  white  lijilit  on  tlu>  nuiidu'rs  in  such  manner  a."'  to  make  such 
nundiers  plainly  visiliie  and  le>ril)Ie.     (lb.,  sec.  4.1 

See.  155".     >Iis«leiiieaiu»r  —  penalty  —  forfiMture   of  lieeiise. — 

.\ny  person,  firm  or  i-oi'iioral  ion  \iolalinij;.  disobexini;.  iie;;l(>cting  or  refus- 
iiii;  to  com]ily  with  any  of  the  prox  isions  of  the  ju'ecedin^  four  sections  shall 
be  subject,  on  conviction,  to  a  ]ienalty  of  not  less  than  live  luir  more  than 
twenty-live  dollars  for  t-ach  oll'eiise  and  in  the  discretion  of  the  mayor  to  a 
revocation  of  the  aulomoliile  license  of  tiie  person  operating  any  automobile 
at  the  time  of  any  violation  of  said  sections.     (lb.,  sec.  5.) 

St'o  note  to  s«'c.   ISaS  siiprii. 

Sec.  1558.  Fast  clriviiijj: — loose  or  iiii^iiarded  aiiimalH  — 
eruelty  to  animals — misdemeanor,  ete.— Any  person  who  shall,  in 
this  ciiy.  ride  or  ilii\f  any  animals  in  any  hi;;hway.  thoroughfare  or  |)ublic 
place,  (|uicker  than  or  beyontl  a  moderate  gait,  or  shall  not  slacken  the  jiace 
of  suili  animal  or  animals  in  aiiproaching  any  crosswalk  njion  which  any 
person  may  !«'  in  the  act  of  crossing,  or  in  the  act  of  approaching  or  leaving 
a  striH^  car;  or  shall  ride  or  drive  any  such  animal  so  as  to  cause  such  ani- 
mal or  any  vehicle  thereto  attached,  to  conie  in  c(dlision  with  or  strike  any 
other  object  of  other  jierson,  oi'  shall  leave  any  such  animal  standing  in  any 
pidilic  place  without  being  fastened  or  so  guarded  as  to  prevent  its  running 
.iway.  oi'  shall  turn  any  such  animal  loose  in  any  thoroughfare,  oi-  shall  in- 
humanely, nniii'cessarily  or  cruelly  lieat,  injure  or  otherwise  abuse  any 
(lundi  animal,  shall  be  deemed  guilty  of  a  misdemeanor.     (M.  C,  sec.  1-173.) 

.\t  ciininuin  law  one  who  leaves  a  liorso  loose  anil  tiiiuttended  In  a  street  la 
rc.ipon.ilhio  for  Injuries  clone  by  Its  running  away:  Becker  vs.  Schutte,  sr.  Mo. 
App.   57,  63. 

As  to  rntpltv  to  nnlmnl?.  son  thn  mnro  rnmprt^tienslv,:'  provisions  of  R.  C.  sec. 
IrtilT.    rl  sfi: 

St»c.  1559.  Hells  on  animals  proliihited — ex<'ep(  ions. — Vny  per- 
son who  shall,  in  this  city,  ride  or  drive  any  animal  witli  a  bell  or  bells  of 
any  descri|>lion  ;itlached  thereto,  shall  be  deemed  guilty  of  ;i  misdemeanor. 
This  sf^clion  shall  not  (wteiid  to  str.-ingers  passing  through  the  city,  nor  to 
the  use  of  Im-IIs  upon  horses  driven  to  sleighs  or  sleds,  when  there  is  snow 
upon  the  ground.     (  M.  ('..  sec.  1474.) 


882  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  18. 

Sec.  1560.  Sleiffhs  without  bells— prohibited.  -Any  person  who 
Bhall,  in  this  city,  drive  any  animal  liarnessed  to  a  sleigh  or  sled,  without  a 
bell  or  bells  attached  to  said  animal,  shall  be  deemed  guilty  of  a  misde- 
meanor.    (M.  C,  sec.  1475.) 

Sec.  1561.  Rules  of  the  road  on  hijjhways. — In  all  cases  of 
persons  meeting  each  other  in  vehicles  in  any  highway  or  thoroughfare  in 
Ihis  city,  each  pei-son  so  meeting,  shall  turn  off  and  go  to  Hie  right  si(h'  of 
the  highway  or  thoroughfare,  so  as  to  enable  such  vehicles  to  pass  each 
other  without  accidents;  provided,  however,  that  any  person  driving  on  any 
street  or  railroad  track  in  the  direction  that  the  rail  cars  are  running,  shall 
be  entitled  to  the  right-of-way,  on  condition  that  he  sliall  not  imjjede  the 
progress  of  any  rail  car  running  on  said  track.  Any  person  who  shall  vio- 
late this  .section  shall  be  deemed  guilty  of  a  misdemeanor.     (M.  C,  sec.  1476.) 

Ord.    2306S    (passed  after   the    Rev.    Code)  provide.s   for    the  paramount    right    of 
way  of  the  ambulances  of  the  Board  of  Heiilth. 

Sec.  1562.  Kite-flyinf? — Avhen  i)rohibite<l.  — Any  person  who 
shall,  in  any  highway  or  thorcuiglifai'c  of  this  city,  tly  a  kite,  or  use  any 
sport  or  exercise  likel,y  to  scare  horses,  injure  passengers,  or  embarrass  the 
jiassage  of  vehicles,  shall  be  deemed  guilty  of  a  misdemanor.  (M.  C,  sec. 
1477.) 

Sec.  1563.     Blastinj? — preeautioiis    requu'ed  —  Quari'y    exca^ 

vations  to  be  guarded. — Any  jterson  who  shall,  in  this  city,  near  any 
street,  alley,  lane  or  other  public  thoroughfare,  or  near  any  public  or  private 
|)lace.  where  i)eoj)le  frequently  pass  and  would  be  likely  to  be  injured  by 
such  blasting,  blast  or  cause  to  I)e  blasted  any  rock  without  having  the  orifice 
in  said  rock,  at  the  time  of  setting  off  the  blast,  properly  covered  with  good 
sound  plank  or  timber,  or  some  other  material  of  sufficient  size  and  weight 
and  so  placed  as  to  effectually  prevent  fragments  of  rock  from  ascending  into 
the  air,  shall  be  deemed  guilty  of  a  misdemeanor.  Whenever  the  excavation 
for  any  quarry  shall  ap])roach  the  line  of  a  street  or  alley,  the  person  owning 
or  operating  said  (piarry  shall  build  a  retaining  wall  to  sujjport  the  surface 
of  said  street  or  alley,  and  if  he  fail  to  do  so  after  ten  days'  notice  in  writing 
bv  the  street  commissioner,  he  shall  be  deemed  guiltv  of  a  misdemeanor.  I  M. 
("'..  sec.  1478.) 

See   as    to    quarries    requiring    ordinance    before    being   opened.    R.    C,    sees.    625 
and    626.  — ~ 

Sec.  1564.  Ball-i)layiugr  on  highway  i)rohibited. — Any  persi)n 
who  shall,  in  this  city,  play  at  a  game  of  ball  upon  any  public  highway, 
street  or  alley,  shall  be  deemed  guilty  of  a  misdemeanor.     (M.  C,  sec.  1479.) 

Sec.  1565.  Purloining;  horse,  etc.,  penalty. — Any  person  who 
shall,  in  this  city,  unhitch  any  animal  or  drive  or  ride  oft"  with  any  horse, 
horses  or  other  animals,  without  the  consent  of  the  owner  thereof,  shall  be 
deemed  guilt\-  of  a  misdemeanor.     (^I.  ('.,  sec.  1480.1 

Sec.  1566.  Firearnis  loaded  Avith  poAv<ler  and  biill,  forbid- 
«len  in  theaters. — It  shall  he  unlawful  to  iliseharge.  use  or  employ  any 
tirearms  loaded  with  jiowder  and  ball  in  any  exhibition,  theater  or  place  of 
amu.s(>ment  in  (he  (^ity  of  St.  Louis.  The  violation  of  this  section  shall  con- 
stitute a  misdemeanor,  and  the  offender  on  conviction  shall  be  fined  not  less 
than  twenty-five  dollars  nor  more  than  three  hundred  dollars  for  each  of- 
fense.    (M.  C,  sec.  1481.) 

Sec.  1.567.  Proprietor  responsible, — The  proprietor,  conductor, 
manager,  agent,  or  any  oiher  person  having  charge  or  direction  of  such  ex- 


ART   III]  OF  OFFENSES  AFFECTING  THE   Pl'BLIC  SAFETY.  y83 

hiliitiuu,  theater,  or  ])l:i(e  of  aimiseineni  in  the  ("ity  of  St.  Louis,  shall  be 
held  respousiliie  ami  lialile  for  any  aiiti  all  violations  of  the  ne.xt  preceding 
section  ha|i[ieninj;  at  the  places  so  under  his  charj;e  to  the  same  extent  and 
ellect  as  if  he  hail  persouallv  done  the  thinj^s  hcnin  inoliihited.  (M.  C,  sec. 
1482.) 

Sec.   16(iS.     Elinors— roiidltioiiM    of   sah»   to,    of   aiiiiiiiiiii(i<»ii. 

—  No  jierson  shall  sell  to  any  cliihl  iimler  the  a^e  of  si.vleeii  years,  without 
the  written  consent  of  the  parents  or  guardian  of  such  child,  any  cartridge 
of  fixed  aiuniuuitioii  of  which  any  fulminate  is  a  coin])oueut  part,  or  any 
gun,  pistol  or  other  mechanical  contrivance  arranged  for  the  explosion  of 
such  cartridge,  or  of  any  fulminate,     i  M.  i;.,  sec.  1483.) 

See.  15l)ii.  Penalty. — Any  pei'son  or  per.sons  violating  any  of  the 
provi.sions  of  the  next  i)receding  section  shall  he  deemed  guilty  of  a  niisde- 
nieauor.  and  upon  conviction  thereof,  shall  be  lined  in  a  sum  not  less  than 
fifty  dollars  nor  more  than  two  hun<lre<l  dollars.     (M.  C,  sec.  1484.) 

S.c.    157(1.     liridfjcs — rate    of    .speod,    in    (Irivinj;    ov«m' It 

shall  lie  unlawful  lor  any  person  to  drive  any  wagiui.  omnibus,  carriage, 
buggy  or  vehicle  of  anv  kind,  or  any  cattle  or  horses,  or  to  ride  on  horse- 
back, at  a  faster  rate  of  speed  than  that  of  a  walk,  over  the  Illinois  and 
St.  Louis  bridge  or  any  other  bridge  and  their  approaches  within  the  cor- 
porate limits  of  tlu!  City  of  St.  Louis;  and  any  jierson  who  shall  violate 
this  section,  shall  he  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  be  lined  live  dollars  for  each  and  eveiy  offense.     ( JL  C,  sec.  1485.) 

Sec.  1571.  Brldfjes— notice  to  l)e  posted. — Said  bridge  com- 
pany or  its  owners  or  managirs  shall  cause  to  be  posted  in  one  or  more 
conspicuous  places  on  said  bridge  or  its  ap])roaches  in  the  City  of  St.  Louis, 
a  sign  or  signs,  containing  and  setting  fortli  in  an  abbreviated  form  the  pro- 
visions of  sections  l.'TIt,  l.'iTl  and  l.")72.  and  warning  all  persons  to  ob.serve 
the  same,     i  M.  C.  sec.  1486.) 

Sec.  1572.  Ilriclfft's — to  «liji(  oi'<linance  ai>plies. — The  provi- 
sions of  this  chapter  and  all  ordinances  relating  to  misdemeanors  shall  ex- 
tend to  any  briilges  and  their  apjiroaches  within  the  city  limits,  and  the  po- 
lice ofticers  of  this  city,  as  well  as  any  sjiecial  officers  of  the  bridges,  shall 
have  power  to  make  arrests  on  said  bridge  within  the  city  limits  for  all  vio- 
lations thereof;  jirovided.  that  the  City  of  St.  Louis  shall  not  incur  any  ex- 
pense whatever  attending  the  making  of  arrests  under  the  jirovisions  of 
sections  1570  and  1572.     iM.  ('.,  sec.  1487.) 

Sec.  l.')7:j.  Penalty. — Any  [person  who  shall  violate  or  fail  to  comply 
with  any  of  the  provisions  of  this  article,  except  as  hereinbefore  provided, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall 
be  fined  not  less  than  five  nor  more  thau  two  hundred  dollars.     (M.  C..  sec. 

14,S8.l 

Sfc.  1574.  Cattle — lionrs  for  tlrivin-j:  in  streets.  —  Whoever 
shall,  in  this  city,  between  the  hours  of  eight  o'clock  a.  m.  and  nine  o'clock 
p.  m.,  during  the  months  of  November.  r>ecend)er,  January  and  February, 
and  the  hours  of  seven  o'clock  a.  m.  and  ten  o'cbick  p.  m.,  during  the  months 
of  March,  .\pril.  May,  June.  July.  .Vuguat,  September  and  October,  drive 
or  assist  in  driving,  any  horned  cattle,  along,  through,  across  f>r  ujion  any 


884  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  IS. 

street,  allev,  laue,  levee  or  other  highway  within  the  limits  of  the  city,  ex- 
ceptiiig  the  itiil)lic  wharf  north  of  North  ilarket  street  and  south  of  Barton 
street,  and  whoever,  being  the  owner,  driver,  or  other  pei'sou  having  charge 
of  cattle,  who  shall,  between  the  hours  aforesaid,  through  negligence  or 
other  cause,  })erinit  any  steer,  cow  or  bull  to  escape,  go  or  be  upon  any 
street,  lane,  alley  or  other  highway  within  said  city,  except  that  part  of 
the  public  wharf  above  mentioned,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  punished  by  a  fine  of  not  less  than  five 
nor  more  than  fifty  dollars;  but  nothing  in  this  section  shall  be  so  con- 
strued as  to  prevent  farmers  or  others  transferring  during  day-time, 
through  any  and  all  parts  of  the  city,  any  milch  cows  accoinpauied  by  their 
calves,  or  prevent  butchers  or  others  from  transferring  cattle  in  droves  of 
not  over  twenty-flve  in  number  from  the  stock  yards,  between  the  hours  of 
half-])ast  nine  and  half  past  eleven  o'clock  in  the  forenoon,  and  l)etween  the 
hours  of  one  and  four  o'clock  in  the  afternoon.     (M.  C.  .sec.  148!).) 

It  is  competent  for  a  city  having  a  charter  authority  to  provide  for  the  safety 
of  the  lives  and  property  of  the  inhabitants,  to  regulate,  by  ordinance,  the  driv- 
ing of  horned  cattle  through  the  streets:     St.  Louis  vs.  Rothschild.  3  Mo.  App.  563. 

Sec.  1575.  Cattle — regfulatioiis  for  driving:. — Any  person  being 
in  charge  of,  or  exercising  control  over  the  cattle  herein  mentioned,  who 
shall  drive  or  permit  to  be  driven  along,  through,  across  or  upon  any  street, 
alley,  lane,  levee  or  other  highway  within  the  limits  of  the  City  of  St.  Louis, 
any  drove  of  cattle  more  than  fifty  in  number,  or  who  shall  permit  the  cattle 
in  his  charge  or  under  his  control  to  be  driven  within  said  city,  at  a  rate  of 
speed  exceeding  three  miles  per  hour,  or  who  shall  drive  or  permit  to  be 
driven  a  drove  of  cattle  nearer  to  any  other  drove  than  one  ordinary  city 
block,  or  who  shall  drive  any  horned  cattle  without  having  drivers  or  at- 
.  tendants  therefor,  as  follows,  viz.:  One  driver  for  ten  head  of  cattle  or 
less ;  two  drivers  for  twenty-five  head  or  more  than  ten ;  three  drivers  for  any 
number  over  twenty-five  and  not  to  exceed  fifty,  or  who  shall  drive  or  jier- 
mit  any  hogs,  sheep  or  other  animals  to  go  upon  or  aci'oss  any  sidewalk  or 
grass  plat  adjacent  to  a  sidewalk,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  jjunished  by  a  tine  of  not  less  than 
five  nor  moi'e  than  fifty  dollars,     i  il.  C.  .sec.  1490.) 

Sec.  1576.  Police — duty  of.  — It  shall  be  the  duty  of  the  police  to 
aid  and  assist  the  city  marshal  in  taking  u])  and  impounding  any  cattle 
driven  through,  across  or  ujion  the  streets,  alleys,  levees  or  other  highways 
within  the  city  limits,  contrary  to  the  provisions  of  this  article,  which  cat- 
tle shall  be  disjiosed  of  in  accordance  with  the  provisions  of  section  ir)7S. 
(M.  C,  sec.  1491.) 

Sec.  1577.  Precediiijf  sections  construed. — Nothing  in  the  next 
preceding  sections  shall  be  so  construed  as  to  ])reveut  the  St.  Louis.  Iron 
Mountain  and  Southern  Railway  Company  and  river  steamers,  transferring 
during  the  day  time,  stock  from  their  yards  and  boats,  between  ^filler  street 
and  Park  avenue,  across  the  levee  to  the  transfer  boats;  jn-ovided,  also, 
that  all  yards  located  within  three  city  blocks  of  the  levee,  shall  have  the 
right  to  have  cattle  di-iven  or  led  from  said  yards  to  the  levee,  and  along 
the  levee  to  the  point  of  destination,  on  the  following  described  streets  and 
none  other;  From  Second  street  between  Chouteau  avenue  and  Sycamore 
street  to  Sycamore  street,  along  Sycamore  street  to  Main  street,  along  Main 
street  to  Chouteau  avenue,  along  Chouteau  avenue  from  Main  street  to  the 
levee;  also  from  liroadway  between  Warren  and  Montgomery  sli'eets,  along 
IJroadwa^'   to  North   Market  street,  east  on   North   Market  street   to   Main 


AKT.  IV.]  OF  MISCELLANEOUS- OFFENSES.  885 

.strtH'l.  soiiili  (III  .Main  .street  to  Riddle,  east  on  Jtiddle  to  the  levee,  and  along 
the  levee;  (roiii  levee  In  Cass  avenue,  aloii;^  ('ass  avenue  to  Seeond  street, 
alony  Seeond  street  to  NOiili  Market  street,  along  North  Market  sta-eet  to 
Hall  street,  thence  iinrih  on  Mall  street.     (M.  C,  sec.  1492.) 

See.    1578.     ("at  lie,    hoj^s,   ot«'.,    o.slray — di.sixt.sition    of. — No 

goat  or  goats,  or  liogs  ot  anv  description  sliall  lie  iierniitled  to  run  at  large 
within  the  old  limits  of  the  cilv;  and  no  cattle  shall  he  allowed  to  run  at 
large  within  the  said  old  limits  ol'  tiie  oit\'.  All  cattle,  goats,  liogs  or  jiigs 
loviud  running  within  the  limits  from  wiiich  they  are  hereby  excluded  shall 
he  taken  up  hy  the  city  marshal  and  placed  in  some  secure  pen  or  pound,  to 
he  I>y  him  pi'ovide<l  for  that  i)iiri)ose.     (.M.  ('..  see.  1493.) 

.Viitliority  to  iLstrain  aniinuls  running  iit  large  and  for  persons  to  tal<e  up 
."lamt-  and  claim  compensation,  etc.:  Laws  Mo.  1S77,  p.  191.  set  forth  Laws  Appli- 
cable to  St.  Louis,  Chap.  2.  sec.  4*11;  also  Scheme,  sec.  35:  authority  for  city  to 
regulate  and  prohibit  running  at  largo  of  animals:  Charter.  Art.  Ill,  sec.  26. 
clause  9.  Such  ordinances  bind  non-residents  while  within  city  limits,  but  are 
not  Intended  to  punish  persons  for  an  unavoidable  escape  where  the  owner  uses 
due  diligence:  Spltler  vs.  Young,  63  Mo.  42,  45.  See  also  Sherroll  vs.  Murray,  49 
Mo.  App.  233;  2  R.  S.  1S99,  sees.  4777-4793:  held  valid  In  State  vs.  Aubuchon,  8  Mo. 
App.  325:  see  also  Scbwarz  vs.  R.  R.,  58  Mo.  202,  209;  Owens  vs.  R.  R.,  58  Mo.  386. 
Validity  of  similar  ordinances,  irrespective  of  fault  of  owner  ot  animals,  see 
Jeans  vs.  Morrison,  99  Mo.  App.  208  and  cases  there  cited;  McVey  vs.  Barker,  92 
Mo.  App.  498,  507  (distinguishing  Spltler  vs.  Young,  supra.)  Power  to  prohibit 
horned  cattle  In  streets;     St.  Louis  vs.  Rothschild,  3  Mo.  App.  563. 

See.  1579.  Inii>«»iin(h'tl  cattle,  I'lc,  to  be  sold. — Whenever 
any  cattle,  goats,  hogs  oi-  jiigs  are  thus  taken  uji,  it  shall  he  lawful  for  the 
city  marshal,  and  it  is  herehy  made  his  duty,  to  sell  the  same  at  auction, 
to  the  highest  liidder.  for  cash,  after  having  given  five  days'  notice,  hy  ad 
vertising  in  the  newspapers  doing  the  city  printing,  of  the  time  and  place 
of  such  sale;  and  the  place  of  such  sale  shall  he  the  city  dog  pound,  and 
mode  of  such  sale,  hy  selling  each  animal  sejiarately;  and  the  moneys  aris- 
ing therefrom  shall,  after  the  ex]iense  of  taking  up  and  selling  the  same 
are  deducted,  he  jiaid  over  to  the  owner  or  owners,  on  their  proving  (o  the 
city  marshal  that  such  cattle,  goats,  hogs  and  pigs  belonged  to  tlieiii;  hut  if 
no  owner  ajipear  within  thirty  days  after  such  sale,  the  sai<l  money,  after 
deducting  tin-  costs  aforesaid,  shall  be  |i:iid  into  the  city  trc;isnry.  i  .M.  ("., 
sec.  1494.1 

See.  15S0.  l)iil>  of  iiiarslial  as  to  estrays. — It  sliall  be  the 
duly  of  the  city  marshal  at  all  times  to  take  up  any  and  all  cattle,  goats. 
hogs  or  pigs  running  at  large  within  the  above  described  limits,  ami  em- 
ploy two  or  more  persons  to  aid  him  in  carrying  into  etl'ect  the  ])rovisions  of 
this  article,  who.se  compensation  for  taking  n[t  said  animals  shall  not  ex- 
e<H>d  fifty  cents  jier  lieud.     (M.  ('..  sec.  rU).").  i 

Sec.  l.'jSl.  Expenses — liiiiitatioii  of. — All  expenses  for  taking  uii 
and  .selling  cattle,  goats,  hogs  or  jiigs  shall  not  exceed  two  i|oll;iis  jn  r  \\v:\i\. 
I  M.  C,  sec.  149G.) 

AKTICLl-:  IV. 

<>F  MISCICLLANKOrS  OFFENSES. 

.S.I-.  15SJ.  Takinj;  hooks,  et<'.,  from  |>iihlic  library. — Every 
pi-rson  who  shall  take  from  the  public  i  f rec  i  libf:irv  ;iiiy  book.  |i:im|ihlet, 
periodical,  paper  or  i>tlier  property,  except  in  accordani-e  with  the  rules  of 


8S6  REVISED  CODE  OR  GENERAI^  ORDINANCES.  [CHAP.  18. 

such  library,  shall  he  deemed  guilty  of  a  misdemeanor,  aud  on  conviction 
thereof  shall  be  punished  by  a  fine  in  the  sum  of  not  less  than  five  dollars 
nor  more  than  twenty -five  dollars  for  each  offense.     (M.  C,  sec.  1497. 1 

See.  158.S.     P'aihire  to   return  books,  etc.,   to   library Every 

person  who  shall  take  or  borrow  from  the  public  (free)  library  any  book, 
])auiphlet,  periodical,  paper  or  other  property,  and  neglect  to  return  the 
same  within  two  weeks  from  the  date  of  mailing  a  notice  to  his  address, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
punished  by  a  fine  in  the  sum  of  not  less  than  one  dollar  nor  more  than  ten 
dollars  for'eacli  offense.     (M.  C,  sec.  14!)S.) 

Sec.  1584.     Mutilating  ami  marking  books,  etc.,  of  library. 

— Every  person  who  shall  willfully  and  wantonly  cut,  mutilate,  mark,  tear, 
write  upon,  deface  or  otlierwise  destroy  «r  injure  in  whole  or  in  part,  any 
book,  jiamphlet,  periodical,  map.  document,  picture,  or  written  or  engraved 
or  {iriiited  j)aper,  belonging  to  the  jiulilic  (free)  library,  or  shall  suffer  any 
such  injury  to  be  inflicted  while  such  property  is  in  his  custody,  or  shall 
wilfully  or  wuiitoniy  injure  any  of  the  furniture  or  property  in  the  building 
of  the  library,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  punished  by  a  fine  in  the  sum  of  not  less  than  five  dol- 
lars nor  more  than  one  hundi'ed  dollars.     (M.  C,  sec.  1499.) 

Sec.    1585.       Fines    to    be    paid    to    free    library    fund. — All 

fines  collected  under  the  three  preceding  sections  of  this  article  shall  be  paid 
over  to  the  free  library  fund  for  the  use  of  the  library,  and  it  shall  be  the 
dutv  of  citv  attornevs  promptly  to  prosecute  all  violations  of  said  sections. 
(M!  C,  sec'  1500.) 

See.  1586.  Spitting  in  public  vehicle  or  public  place  prohibi- 
ted.— Sj)itting  upon  the  tioor.  platform,  sides  or  steps  of  any  railroad  or  rail- 
way station,  or  I'ailroad  car,  or  street  car,  or  upon  the  lloor,  platform,  stejis 
or  walls  of  any  jtublic  building,  hall,  church,  theater,  market,  elevator  in 
public  or  private  building,  or  ujjou  any  sidewalk,  or  upon  any  walk  in  any 
park  or  public  place,  is  hereby  declared  a  misdemeanor.  (Ord.  20990.  sec.  1.) 

Sec.  1587.  Same — i>enalty,  — Any  person  violating  the  provisions 
of  above  section,  upon  conviction  shall  be  deemed  guiltj-  of  a  misdemeanor 
and  punished  bv  a  tine  of  not  less  than  one  dollar  nor  more  than  five  dollars. 
(Th.,  sec.  2.) 

See.  1.588.  Same — whose  duty  to  enforce — It  shall  be  the  duty 
of  the  police  officers  of  the  city  to  arrest  any  person  found  violating  any  of 
the  provisions  of  section  1.^8(i;  it  shall  be  the  duty  of  every  street  ear  con- 
ductor, janitor  of  a  building,  or  any  person  in  charge  of  any  car.  public 
building  or  public  jjlace,  or  park,  to  watch  for  and  cause  the  arrest  of  any 
person  violating  any  of  the  provisions  of  said  section.     {lb.,  sec.  3.) 

Sec.  1589.  Same — who  to  post  copies  of  ordinance — It  shall 
be  the  duty  of  all  persons  having  charge  of  railway  or  railroad  stations, 
street  cars,  public  platforms,  halls,  churches  or  theaters,  to  have  a  copy  of 
sections  158(1  to  1589  inclusive  framed  and  posted  in  conspicuous  places. 
ill).,  sec.  4.) 

Sec.  1590.  Advertising  matter,  etc.,  not  to  be  put  on  poles, 
etc.,  sidewalks,  etc. — Any  person  or  officer,  agent  or  cin])love  of  any  cor- 


AKT.  I\M  OK  MISCELLANEOUS  OFFENSK.S.  887 

poratioii  or  iissocialiiui.  wliti  shall  slick,  iiaiiil.  Iwaiid.  staiiiii.  altacli,  liaiig 
or  suspend,  ii|)i)ii  aiiv  lioiisc,  rciice  or  wall,  willioiit  llic  (•(Hiscnl  of  the  owner, 
a;;(Mit,  or  tenant  thereof,  or  upon  anv  pole  used  for  the  purpose  of  carrying 
electrical  conductors,  or  upon  anv  street  or  sidewalk  pavement,  or  other 
public  place,  anv  i)rinted,  written,  jiainted  or  other  advertisement,  bill, 
notice,  sign  or  poster,  shall  be  deemed  guillv  of  a  misdemeanor,  .ind  u]ion 
conviction  (hereof  shall  be  lined  not  less  than  twenlv  live  dollars  nor  more 
than  live  hundred  <lollars  for  each  and  eNcrv  otVense,  and  any  jierson  or 
oflicer,  agent  or  em]>loye  of  any  cor])oi'ation  or  association,  who  shall  aid, 
abet,  advise  or  assist  any  other  jierson  in  committing  the  otVen.ses  specitied 
in  this  section,  either  before  or  after  tlie  fact  shall  be  deemed  nu  accessory 
thereto,  and  sliall  be  punished  as  if  he  was  the  principal  in  such  offense, 
whether  the  princijial  lias  been  proceeded  against  or  convicted  or  not.  and 
in  every  such  case  shall  be  deem(>d  guilty  thereof,  and  ui)on  conviction  shall 
be  tine<l  not  less  than  twenty  live  dollars  nor  more  than  live  hundred  dollars 
for  eaih  and  evei-y  otl'ense.      (  M.  C,  sec.  l.")!).").) 

Sec.  1591.  Hilllxiards — wlio  may  orect. — Any  manager  or  pro- 
prietor of  a  i>ermanent  theater  or  any  licensed  bill  poster  in  the  City  of 
Sr.  Louis  shall  have  authority  to  erect  on  any  private  property,  where  he 
can  obtain  permission  fi'om  the  owner  or  owners  thereof,  or  any  city  ja-op- 
erty,  jimvided  the  consent  of  the  comptroller,  ap{)roved  by  the  mayor,  has 
been  tirst  obtained,  a  billboard  tor  advertising  purposes,     (M.  C,  sec.  1506.) 

See.  159:2.  License — 1<>  We  4»l»taiiie<l. — Said  theatn-  manager  or 
)iroprietor.  or  billjiosier.  shall  lake  out  the  usual  license  for  billposling, 
and  any  jterson  defa<'ing.  co\('ring.  or  in  any  way  mutilating  the  iilaybills 
or  other  advei-tisemenis  disjilayed  upon  said  boards,  shall  be  deemed  guilty 
u(  a  misdemeanor,  and  upon  conviction  thereof,  before  the  ])olice  justice, 
be  lined  not  less  than  ten  nor  more  llian  lilt  \  dollars  for  each  offense.  (  M. 
<'.,  sec.  1507.) 

See.  1593.  Shows — lieenses,  when  fri"»nte<l. — Hereafter,  before 
any  license  for  any  show  or  other  exhibition  whate\er.  or  for  the  amuse- 
ment known  as  roundabmit  or  ll.\ing  horses,  shall  be  granted  to  any  person 
by  the  license  collector,  the  jierson  or  persons  applying  therefor  shall  ob- 
tain a  written  permit  from  the  mavor  ami  jire-sent  the  same  to  the  license 
collector.     (M.  C,  sec.  1508.) 

This  section   ia  (iupUcatort   hy   sfc.   1606. 

See.  1.594.     Show.s — eviilenee  of  moral  <'liarae(er  of  r<'<|uired. 

— No  such  permit  shall  be  granitil  li\  ihe  mayor  to  iiiiy  jierson  or  jiersons 
whatsoever  unless  such  person  shall  s.iiisfy  the  mayor  that  no  immoral, 
unlawful  or  imfpro|>er  business  is  intended  to  be  caiaaed  on  at  such  show  or 
exhibition;  and  such  permit,  and  also  the  licen.se  granted  thereon,  shall  dis- 
tinctly descril>e  and  specify  the  character  and  nature  of  the  show  or  exhibi- 
tion for  which  sncli  jiermit  and  license  is  granted,  and  may  designate  the 
place  at  which  such  show  or  exhibition  shall  be  carried  on.  (>!.  (J.,  sec, 
l.".n;t.  I 

S.c.  1,595.  Sliou.H — wliat  ln4.simvs,s  in  eoiinectioii  willi  pro- 
liil>i(<Ml. — Any  |>erson  or  persons  having  obtained  such  permit  or  license, 
who  shall  carry  on  or  transact  or  permit  to  be  carried  on  or  transacted,  in 
their  establishment,  any  other  Imsiness,  «)r  at  any  other  ]ilace  than  that 
specified  in  such  permit  or  licen.se.  or  shall  ke«^p  or  cai-ry  on.  or  |>ermit   to 


ggg  REVISED  CODE  OR  GICXERAL  ORDINANCES.  [CHAP.  IS. 

lie  kept  or  carried  (tii.  njiou  their  premises,  aov  kittery.  gift  enterprise,  game 
of  cliuiKe  or  aii.v  uiilawtul  business  or  proeeeding  whatever,  sliall  be  deemed 
guilty  of  a  misdeuieanoi',  and  u]ioii  conviction  thereof.  l)e  fined  not  less  than 
one  hTiudrcd  (h)llars,  and  shall  furtherm(.)re  forfeit  their  license,  i  M.  (."., 
f«ec.  151(1.1 

Lotteries  prohibited   by   R.   C.   sees.    153.3-15.'!5. 

Sec.  1.596.  Licenses — when  may  be  revoked. — A  1 1  1  icenses 
granted  under  this  article  may  be  revoUed  by  the  mayor  by  his  giving  three 
days'  notice  thereof  to  the  party  licensed,  and  said  party  shall  thereui)on  be 
entitled  to  have  an  amount  of  money  jtrojjortiouate  to  the  unexpired  time 
of  his  license  refunded  to  him,  and  the  auditor  is  hereby  authorized  to  draw 
his  warrant  uiion  the  treasurer  for  the  amount  so  due,  ])ayable  out  of  the 
contingent  fund.     (M.  <"..  sec.  1.574.) 

Revocation    of   license    under   police   power:     See    St.    Charles   vs.    Hackman,    133 
Mo.    634;    State   vs.    Simmons.    12    Mo.    2GS. 

Sec.  1597.       Penalty    for     carrying     on    show    after   license 

revoked. — Any  person  holding  a  license,  who  shall  carry  on  his  show  or 
e.xhibition,  or  amu.sement  known  as  roundabout  or  dying  horses,  more  than 
three  days  after  the  notice  of  the  license  being  revoked  as  stated  in  the 
preceding  section  lias  been  .servd  upon  him,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  r.])ou  conviction  thereof,  be  fined  not  less  than  one  hundred 
dollars.     {M.  C,  sec.  1.57."). ) 

See.  1598.  Officer — personation  of — interfering  with  dnties 
of — penalty.  — AA'hoever  shall,  in  this  city,  falsely  re])resent  himself  to 
be  an  officer  of  this  city,  or  shall  without  being  duly  authorized 
b.y  the  city,  exercise  or  attempt  to  exercise  any  of  the  duties, 
functions  or  powers  of  a  city  ofticer  or  member  of  the  metropolitan  police 
force;  av  shall  hinder,  obstruct,  resist  or  otherwise  interfere  with  any  city 
officer  in  the  discharge  of  his  oflicial  duties;  or  attem]it  to  ]ireveut  any  such 
officer  fntm  arresting  any  jierson,  or  attempt  to  rescue  from  such  officer  any 
person  in  his  custodv,  sliall  lie  deemed  guiltv  of  a  misd(>meanor.  (  M.  ('.. 
sec.   1513.) 

See.    1599.       Passengers — solicitation     of — misdemeanor. — It 

shall  ))e  unlawful  for  any  iierson  or  iieisoiis  in  any  depol  or  u]ioii  a  dejiot 
jilatform  or  in  any  railroad  ]iassenger  (le]iot  in  the  City  of  St.  Ivouis,  or  u])on 
any  wharfboat  or  steamboat  at  the  wharf  or  harbor  of  the  ("ity  of  St.  Louis, 
to  solicit  or  cry  out  for  passengers  or  baggage  for  any  hotel,  railroad,  steam- 
boat or  other  place,  or  for  the  carriage  of  such  jtersons  or  baggage  in  any 
wagon,  hack,  omnibus  or  other  vehicle,  and  any  persou  or  jiersons  so  offend- 
ing shall  be  deemed  guiltv  of  a  misdemeanor,  and  ujion  conviction  thereof 
shall  be  fined,  before  either  of  the  jiolice  justices,  in  a  sum  not  less  than 
five  nor  more  than  one  hundred  dollars  lor  each  and  everv  such  otlense. 
(M.  C,  .sec.  1514.) 

Sec.  1600.     Carriages  for  passenger.s^ — places  for  location   of. 

— Hacks,  carriages,  cabs  and  coupes,  express  and  baggage  wagons,  omni- 
bus, hotel  coaches  and  all  other  vehicles  used  in  the  ti-aiisportation  of  pas- 
sengers ()]'  baggag(>  for  hire,  are  hereby  authorized  and  empowered  to  do 
business  at  the  folb>wing  ]>laces:  On  the  south  side  of  I'o]ilar  street,  from 
the  west  line  of  'i'eiith  si  reef  west  to  a  jioint  two  hundred  and  eleven  feet 
east  of  the  east  line  of  Twelfth  street,  and  on   (he  east  and   west  side  of 


.\i:r    l\'   I  OF  MISCtCLLANKOUS  OI'M'-KN'SICS.  889 

i;ic\ciilli  si  reel  IriPiii  tlic  sdiitli  liiii;  ol'  S|)i'iiit'  stiTi'l  lo  tlii'  iiortli  lint'  of 
r(i|il;ii-  siifci.     (M.  (".,  sec.  1515.) 

This  represents  the  boundary  of  the  old   Union   Station   am)    is   now  obsolete. 

See.    1601.      INistiii*;-    «»!'    soctioiis     of    aitirle     riMiuired. — All 

railniacl  (•(niiii;mie.'<  liaxiiiL;  ]ias.-icuj;t'r  (leptils  in  llic  C\l\  ol'  Si.  Luiii.s  aiul  ail 
w  liai-riioal  coiiiiiaiiii's  having  w  liarflxial.s  al  wliarl'  ami  iiarlior  ol'  liie  (,"ity 
111'  SI.  IaiuLs.  ami  all  caiiiaiiis  ot'  rcj;tilar  sleanilnial  jiacUcIs  [ilv  iiij;  rejiiiiariy 
liclwecii  llie  port  of  St.  I.uiiis  ami  elscwiiert'.  .sliail  lia\f  priutcii  eopies  of 
lliis  aiitl  liie  iic.xl  twn  prci ciliiii;  .scilioiis  jiosled  iiji  in  al  least  three  eon- 
-spieiiou.s  (ilaees  in  ever.v  .such  depot,  w  hart'lina  I  or  slcainlioat,  uiul  a  failure 
to  do  so  shall  lie  deemed  a  iiiisdemeaiinr.  ami  u|miii  ((inviilion  thereof,  the 
sii[ieriiileiideiit  of  afi;eiit  or  ea|;laiu  lliciciil'  sliall  lie  lined  as  in-ovided  for 
in  .seiiion  l."ill!i.     i  M.  ('..  sec.  l.'iKi.i 

Soc.  11JII2.  l)et!U-iiij;-  or  <l:iiiia}>iii^-  proin'rty,  trees,  buildings, 
oto.,  penalty — <liit.v  of  police. — An.v  per.son  or  peisons  who  sliall  de- 
face or  daiiiajie  any  hiiildini;  or  li(iildin<i;s.  fence.  si};ii.  tcee.  tree-lio.x,  lani])- 
|iost  or  other  projierty  in  the  (Mty  of  St.  I^oiiis.  lieloiiiriiii;  to  said  city,  or 
any  projieriy  holder  thereof,  either  liy  cuttini:',  Iireakini;,  danhiiif^  with  paint 
or  oilier  snlisianc<'s,  markinji  wilh  chalk,  or  Ihe  hilchiiij;  of  iiorses  or  other 
animals  lo  a  li-ee  or  treeliox.  or  in  any  other  way  or  manner  di'facinj;.  tear- 
in;;  down  or  injiii-iny;  sudi  pro]ierty.  shall  lie  deemed  guilty  of  a  misde- 
meanor and  upon  conviction  tliereof.  he  lined  not  less  tliau  five  nor  more 
than  tifty  dollars;  and  it  is  liereby  made  the  sjiecial  duty  of  tlie  fiolice  to 
enforce  Ihe  jirovisions  of  this  section;  and  with  that  view  the  board  of  po- 
"lii-e  commissioners  are  re(|ncsled  to  deliver  a  co|iy  of  this  section  to  ever.\ 
pcilicc-  ol'licer  in  their  deparliiu'iii.     (  M.  ('.,  sec.  l.'ilT.  i 

Sec.  UiO'.i.  Iteiuoviii}*-  or  deptt.sitiii^  artieles  from  premise.*! 
prohibited. — It  shall  be  unlawful  for  any  persiju,  without  the  consent  of  the 
iiwiicr  or  his  a^eiit,  to  enter  on  any  inclosed  or  iiiijiroved  real  estate,  lot  or 
parcel  of  ori-omid  in  liie  City  of  St.  Louis,  or  to  deposit  thereon,  or  remove 
therefrom  any  material,  substance,  earth,  dirt,  ashes,  refuse,  turf  or  otiier 
.■irticle  (ir  tliino;  whatsoever.  Any  person  violating  tlie  jirovisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  tliereof 
be  lined  in  a  sum  not  less  tlian  ten  dollars,  nor  more  than  one  liundred  dol- 
lars for  eacii  oll'ense.     (M.  C,  sec.  1518.) 

l'nd>r  the  above  section  one  can  not  be  held  liable  for  a  tresp.i.ss  committed  in 
a  building,  since  Its  provisions  apply  to  lands,  and  not  buildings:  St.  Louis  vs. 
Babcock.   156  Mo.    154. 

See.  i(>((t.  Kay  pickiiij;  witlioiit  a  permit  forbidden. — No 
person  sliall.  witlmut  lirst  prnciiiiii;;  a  permit  frmii  the  police  commission- 
ers, enjia^e  in  jiickin^  or  ^atlierin^  iiiffs,  paper  or  other  articles,  and  sucli 
pers(uis  sliall  wear  a  badfie  or  number  and  be  regularly  enrniied.  Said  per- 
mit shall  not  be  construed  to  auth<>ri/.e  Ihe  lioldtM'  to  deal  in  inet:il.  and  u]ion 
any  violation  of  Ihe  terms  thereof  it  shall  be  reclaimed  by  Ihe  police.  .\ny 
[lerstin  viiilaliiiir  this  section  shall  be  ''eemed  ;,'nilly  of  a  misdemeanor,  and 
upon  conviction  tliereof,  be  lined  not  less  than  live  nor  mure  than  lil'M  dul 
lais.      1  M.  ('..  sec.  151!».  i 

Sec.  KiO.").  Junk  sliops — regulation  of.  — .Any  person  or  persons 
eii;;acei'  in  liii.\in;;  or  si'llini;  old  junk,  old  ]c,id.  iiiiMal  or  any  article  usually 
found  in  old  junk  shops,  and  havini;  no  stand  or  place  of  business,  shall  |iay 


890  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  IS. 

a  license  of  twenty  dollai-s  per  annuiii.  anJ  iu  addition  thereto  a  license  of 
twenty  dollars  for  each  and  every  cart  or  wagon  more  than  one  by  him  used, 
and  said  license  to  be  given  only  on  such  persons  satisfying  the  license  col- 
lector that  he  is  a  fit  and  proper  person  to  receive  the  same,  and  any  person 
or  persons  so  dealing  having  a  stand  or  place  of  business  shall  pay  a  license 
of  fifty  dollars  per  annum,  and  in  addition  thereto  a  license  of  twenty  dol- 
lars for  each  and  every  cart  or  wagon  by  him  used ;  and  any  one  carrying  on 
said  business  without  a  license  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  ciinvictioii  thereof,  be  fined  not  less  than  five  nor  more  than  one 
hundred  dollars.  Any  person  or  persons  carrying  on  said  business  shall 
keep  a  register  of  names  and  residence  of  all  parties  from  whom  they  pur- 
chase old  lead,  iron,  lead  pipe,  books  or  any  article  whatever,  new  or  second 
hand.  Said  register  shall  be  kept  open  for  the  examination  of  the  police 
or  any  citizen.  Any  owner  or  keeper  of  said  Imsiness  failing  to  keep  .such 
register  shall  be  deemed  guilty  of  a  misdemeanor  and.  upon  conviction  there- 
of, shall  be  fined  not  less  than  five  nor  more  than  fifty  dollars.  It  shall  not 
be  lawful  for  any  one  engaged  in  said  business  to  buy  or  receive  any  jirop- 
erty  from  any  minor  without  the  written  consent  of  the  parent  or  guardian 
of  said  minor.  Should  any  controversy  arise  respecting  the  ownershij)  of 
any  property  alleged  to  have  been  purchased  by  such  person,  the  burden  of 
proof  shall  be  on  said  person  to  ))rove  the  name  anu  residence  of  his  vender. 
The  provisions  of  this  section  shall  a]ii)ly  to  keejiers  of  second  hand  shops 
and  ])lunibers  who  mav  deal  in  the  articles  mentioned  herein,  i  M.  C,  sec. 
15211.1 

Sec.  1(506.     License  for  any  show,  roundabont,  etc. — permit. 

— Hereafter,  before  any  license  for  any  show  or  other  exhibiridn  whatever, 
or  for  the  amusement  known  as  roundabout  or  fiying  horses,  shall  be  grant- 
ed to  any  jiei-son  by  the  license  collector,  the  jierson  or  j)ersoiis  applying 
therefor  shall  obtain  the  written  permit  from  the  nuiyor.  and  present  the 
same  to  the  license  collector.     (M.  C,  .sec.  1521.) 

Thi.«?  section  is  a  dupUcate  of  section  1593. 

See.  1607.     Crnelty  to  aniniaLs — ijenalty    for. — Any  person  who 

shall  in  this  city  overdrive,  overload,  drive  when  overloaded,  ill-treat,  tor- 
ture, torment  or  unnecessarily  or  cruelly  beat  or  needlessly  mutilate,  or 
kill,  or  cause  or  procure  to  be  overdriven,  overloaded,  driven  when  over- 
loaded, ill-treated,  tortured,  tormented  or  unnecessarily  or  cruelly  beaten, 
or  needlessly  mutilated  or  killed,  as  aforesaid,  any  dumb  aninml.  shall,  for 
every  such  ofiense,  be  (ieemed  guilty  of  a  misdemeanoi-.  and  on  conviction 
shall  be  fined  not  less  than  twenty  dollars  nor  more  than  one  hundred  dol- 
lars for  each  offense.     [V..  C,  sec.  1522.) 

See  also  R.  C.  sec.  1558.  The  City  of  St.  Louis  has  authority  under  the  gen- 
eral welfare  clause  to  enact  this  ordinance,  although  the  same  acts  be  misde- 
meanors undi-r  the  statute:  St.  Louis  vs.  Schoentausch.  'I.'i  Mo.  618.  An  ordinance 
fixing  the  maximum  load  of  a  two-horse  team  and  wagon  and  prescribing  a  pen- 
alty against  the  contractor  employing  such  team  for  exceeding  such  maximum 
is  not  void  on  the  ground  of  partiality:  Kansas  City  vs.  Sutton.  52  Mo.  App.  398. 
Under  the  State  statute  the  intent  with  which  cruelty  is  inllicted  on  an  animal 
is  immaterial,  provided  the  act  itself  was  willful  and  not  accidental:  State  vs. 
Hackfath.-20  Mo.  App.  614.  But  evidence  that  the  horse  was  overdriven  does  not 
warrant  a  conviction  under  this  section  in  the  absence  of  proof  that  the  over- 
driving was  willful  and  not  accidental:    State  vs.  Roche.  :!7  Mo.  App.  ISO. 

Sec.  1608.     Humane  society — half  what  fines  to  be  paid  to. 

— One-half  of  ail  lines  and  iiciialfics  iiiijoscd  foi-  the  violation  of  the  next 
preceding  seel  ion  or  aii.\  aiiieiidment  tliereio.  or  similar  ordinance  litM'eafter 


AItT   rv.  1  OK  MISCELLANEOUS  OD'l'KNSICS.  891 

eniK'tod.  shall,  wlu'u  iiaid  and  received  into  the  city  treasury,  be  the  property 
of  ami  l)i'li)ii|iiiiii  to  liie  lliiiiiaiK'  Society  of  Missouri,  aud  ou  the  tirst  days 
of  -laiuiary,  April,  .July  and  (irlolicr  of  eai'h  year,  the  auditor  shall  draw 
his  wan-ant  on  the  treas\irei-,  in  favor  t>(  said  lluniane  Society,  for  the 
amount  of  said  lines  and  penalties  as  atoresjuii,  received  into  the  treasury 
durin;;  the  ])recedinj,i;  three  nH)nths.  and  delivei-  the  same  to  the  trcasnrei'  of 
saiil  society.     (M.  «'..  see.  l'>'2.i.) 

Special  police  ofllcer  for  Hiiniaiie  Society:  R.  S.  Mo.  1S99.  sec.  616S  (State 
Liiw.s  for  St.  Louis,  ante  p.  1.S3.  sec.  459);  Hiiinano  Society  may  establish  drinking 
fountains:     Rt^v     i-.i.i.-    .^.•.-    ■_•''. 

S,c.  itiiiii.  S  II  li  .^  t  :i  II  (■  r  s  injurious  (o  niiiiiials  n«»t  lobe 
tiir«>\vii  on  .Htrt'i'ts — |K-ii:ilt\.  ii  sImiII  he  unlaw  iul  loi- aii.\  person  to 
cast  or  place  on  the  pnlilic  sli-eels,  alleys  or  thorou};hfai-es  any  stone,  jjlass, 
iron,  nails,  wire  oi'  other  metal  oi-  other  snlistam-e  whereby  horses  or  mules 
or  otiier  (piadrupeds  or  persons  or  vehicles  may  he  injured.  Any  j)erson  vio- 
lating; the  ]M-ovisioiis  of  this  section  shall  he  deemed  <ruilly  of  a  luisde- 
meanoi-,  and  uiion  conviction  thereof,  shall  he  lined  not  less  than  live  nor 
more  than  tifiy  dollars  foi-  each  and  excry  olVeiise.     (M.  C,  sec.  15124.) 

Sic.    IGld.      Tyiiifi    l«'f;s    of    e;il\«'s  and   slu'op    CorltidiliMi. — It 

shall  not  he  lawful  for  any  person  to  coiiline  calves  or  sheep  l»y  lyiii;;  their 
lejjs,  or  in  any  way  eouliiie  them  in  close  boxes,  or  otherwise,  or  to  have  in 
their  possession  any  calves  or  sheej)  so  contineil  <'xce])tin<i  while  convi'yin;; 
ihem  to  and  from  marker  or  jdaces  of  business.  .\ny  ijcrson  violatinj;  this 
section  shall  be  deemed  i;uilly  of  a  niisdemeauor,  and  upon  coinieiiou 
thereof  shall  he  tilled  not    less  than  five  dollais.      (M.  <"..  sec.  l.~)2.").) 

See.  Itill.  Moh'station  of  liirtls  I'oiiMdilcii. — All  persons  are 
forbidden  id  niolest,  injure  or  disturb  in  any  way  any  small  bird  in  the 
('ity  of  St.  Louis,  or  the  nest,  \ouiii,'  or  brooil  of  .iiiy  siii:ill  bird  in  said  city. 
I  M.  ('..  sec.  l.'L'ti.  I 

See.  ItilL'.  I't'nalt.\  lor  molestation  oi  liird.s. — It  any  person 
shall  willfully  injure,  molest,  take  or  disturb  in  any  way  any  small  birds, 
excejit  sparrows,  in  the  City  of  St.  I^ouis,  or  the  nest,  efrjjs,  youiifr  or  brood 
of  any  such  small  bird,  excejit  sparrows,  he  shall  be  deemed  t;iiilty  of  a 
misdemeanor,  and  ujion  conviction  thereof,  shall  forfeit  ;iiid  i)ay  to  said  city 
not  less  than  five  dollars  for  each  bird  so  by  him  injured,  molested,  taken 
or  disturbed,  and  not  h'ss  than  twenty  dollars  for  each  nest  of  e};f;s  or  brood 
of  youn;;  of  any  such  small  bird  in  the  City  of  St.  l.ouis.  so  by  him  injured, 
molested,  taken  or  disturbed,     i  .M.  C.,  sec.  1;")27.) 

See,  ifil.'l.  Stones,  «'l<-.,  Ilirouiiit;  of  on  street — penalty. 
— No  pei-son  shall  Ihrow  from  liis  haml  any  fia^'meiit  of  stone,  wood,  metal 
or  other  missile  capable  of  inlliciin;;  injury  in  any  street,  alley,  walk  or 
park  of  the  City  of  St.  Louis,  or  use  or  have  in  his  |)ossession  ready  for  u.se 
in  any  str«»t,  alley,  walk  or  park  of  the  City  of  St.  Louis,  any  sliufr.  cross 
bow  and  arrow,  air-;;nii  or  other  contrivance  for  ejecting,  discharjiiuj;  or 
throwing  any  fragment,  bolt,  arrow,  pellet,  or  other  missile  of  stone,  metal. 
Wood,  or  other  substance  capable  of  inllicting  injury  ttv  annoyance.  (  >L  C, 
.sec.  l.VJS.  I 

S.e.  lt;i4.  stones — tlirown  in  street — p<*nally. — If  any  person 
shall  throw   from  his  hand,  in  aii\  alley,  sireei.  w;ilk  or  park  of  the  City  of 


892  RKVISED  CODK  OR  GENERAL  ORDINANCES.  [CHAP.  IS. 

St.  Louis,  any  missile  of  wood,  stone,  metal  or  other  substance,  or  sub 
stances,  cajiable  of  inflicting  injury  or  annoyance,  or  use  or  have  in  his  pos- 
session ready  for  use,  in  any  street,  alley,  walk  or  park  of  the  City  of  St. 
Louis,  any  sling,  air-gun,  cross  bow  and  arrow,  or  other  contrivance  for 
ejecting,  discharging  or  throwing  any  missile,  pellet,  fragment  or  bolt  of 
stone,  metal,  wood  or  other  substance  or  substances,  capable  of  causing  in- 
jury or  annoyance,  he  shall  l)e  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof,  he  jmnished  l)y  a  tine  of  not  less  than  one  nor  more  than 
twenty  dollars  for  each  otten.se.     i  ^L  C,  sec.  l.")2!l.  i 

Sec.  1615.  Birds — Avhat  covered  l»y  ordinance, — The  birds  in- 
tended to  be  protected  by  the  next  four  preceding  sections,  shall  be  and  are 
defined  as  all  varieties  of  birds,  except  hawks,  sparrows,  vultures  and  owls. 
(M.  C,  sec.  1580.) 

Sec.  1011).  Police — .special  «luty  of. — It  is  the  special  duty 
of  the  police  force  of  the  City  of  St.  Louis,  to  enforce  the  provisions  of  the 
next  five  preceding  sections,  and  arrest  and  bring  to  trial  all  offenders 
against  the  same;  and  any  member  of  the  police  force  conniving  at  any 
breach  of  the  j)rovisions  specified  in  the  said  next  five  preceding  sections, 
by  failing  to  arrest  or  rejiort  the  offender,  shall,  on  conviction  thereof,  be 
subject  to  a  fine  of  not  less  than  five  dollars.     (51.  C,  sec.  1531.) 

[Sic.  1617.  Minors  forbitlden  from  gettinj?  on  street  cars 
while  in  motion — penalty.  — ^s"o  minor  under  the  age  of  fifteen  years 
shall  get  on  or  attempt  to  get  on  any  street  car  fender,  or  in  any  way  attach 
himself  or  herself  to  any  street  car,  or  get  on  or  off  the  same  while  such  car 
is  in  motion.  Any  person  who  shall  violate  any  ot  the  ])rovisions  of  this 
section  shall  be  deemed  guilty  of  a  nusdemeanor,  and  shall,  u]:ion  conviction 
thereof,  be  fined  not  moic  than  ten  dollars  for  each  and  every  ott'en.se.]  (M. 
C.,  sec.  1.532.) 

Tills  ordinance  (Rev.  Code.  sec.  1617)  was  repealed  by  ordinance  No.  22.57.5. 
app.  Oct.  2.  1906,  (after  the  submission  to  the  assembly  of  the  Revised  Code, 
hence  too  late  to  be  omitted  therefrom).  For  street-car  regulations  see  Rev. 
Code.  Ch.  23.  Art.  VI,  sec.  1S64.    Getting  on  fenders  forbidden:    R,  C.  sec.   1S76. 

Sec.  1618  I'nanthorized  vehicle  or  dog-  license  tag— misde- 
meanor— penalty. — Any  person  making  usp  of  or  having  in  his  possession 
any  vehicle  license  plate  or  dog  license  tag  or  plate  not  procured  at  the  office  of 
the  license  collector  of  the  City  of  St.  ]>ouis.  or  making  use  of  or  having  in 
his  ])ossession  a  stolen  or  counterfeit  vehicle  licen.se  jilate  or  dog  license  tag 
or  ])late.  shall  be  guilty  of  a  misdemeanor  and  ui)on  conviction  thereof  shall 
be  subject  to  a  fine  of  not  less  than  ten  dollars  nor  more  than  ti\e  hundred 
dollars  for  every  such  offense.     (M.  C,  sec.  20578.) 

.■\s  tn  ilog  license  see  R.  C.  sec.  16.'!7-1639;  as  to  vehicle  license  plates  s<m 
R.   C,  sec.   IS  1.5. 

ARTICLE  V. 

SMOKR   .\NM1   SMOKE   .VBATEMENT.* 

•The  present  ordinances  are  in  pursuance  ot  Laws  1901,  pp.  7.?-74;  this  act 
was  sustained  fully  by  the  Supreme  Court  in  State  vs.  Tower.  1S.5  Mo.  79,  as  ap- 
plicable to  the  City  of  St.  Louis,  and  the  right  ot  the  legislature  to  declare 
smoke  as  a  nuisance  .altho\igh   not  siu'h   at  comnioTi    law  per  se.   fully    maintained. 


ART.  IV.]  sMOKi:  ANP  sMOKi:  .\ii.\te:mi:nt.  893 

(see    tills   ai-t   ante    page   209.    "State    Laws    for   St.    Louis,"   Chap.    30,    .sec.    569-571 
and  cases)   dlstlng;ulsliins   Heltzeberff  vs.    racking  Co.,   Infra. 

The  former  smoke  ordinance  (when  there  was  no  state  law  or  charter  pro- 
vision p>TmlttlnK  same  to  the  dt.v)  was  held  void  as  unreasonable  in  St.  Louis 
vs.  Heltzeberg  Packing  Co.,  141  Mo.  375:  this  case  held  that  smoke  alone  was 
not  a  nuisance  per  se  at  common  law,  nor  Is  It  so  declared  by  statute,  and  the 
cit.v  cannot  declare  that  to  be  a  nuisance  which  Is  not  so  In  fact,  and  since  the 
ordinance  declared  the  emission  of  smoke  Into  the  air  a  nuisance  Irrespective  of 
(luantlt.v  and  length  of  time  It  was  unreasonable  and  vi>ld.  See  cases  cited  In  the 
opinion. 

Ordinances  20583  and  20S02  botli  enact  In  the  respective  llrst  sections  thereof, 
the  provision  herein  appearing  as  the  first  sentence  in  sec.  1619,  but  the  other 
parts   of    those   ordinances   differ,    as   appears    from    the    sections   succeeding. 

As  to  when  smokestacks  are  nuisances  see  Whalen  vs.  Keith,  35  Mo.  S7:  Hank 
vs.  Kennett,  101  Mo.  .Xpp.  370.  It  Is  held  that  a  statute  may  declare  emission  of 
thick  black  or  grey  smoke  from  chlmney.s  a  nuisance  per  jc  and  punish  the  act 
as  an  offense:  See  Moses  vs.  U.  S.,  16  App.  n.  C.  128:  L.  R.  An.  532  and  discus- 
sion and  citation  ot  authorities  In   the  opinion. 

Knglnes  and  locomotives  using  the  Poplar  street  track  must  be  so  constructed 
as  to  prevent  offensive  or  dangerous  emission  of  smoke  or  cinders  by  R.  C, 
sec.    1859. 

S.I-.  ltJl!»  l)i>iis«'  siiiokt'  ;i  |Mil»lic  iiiiis:in<-<' — who  rrspoiisihU' 
r<»r  (Miiission  of  .snu»ki'  aiitl  when  owimrs,  ;i<i;onts,  etr.,  of  huihl- 
iiifjs. — Till'  fini.stion  or  tlisi'liiirtrc  into  the  open  air  tif  (k'li.se  .smoke  witliin  the 
<or|ior;il('  limits  of  the  Cit.v  oi'  St.  Louis,  is  lierchv  (lechired  to  he  a  ]iuh!ic 
iiiiisiiiice.  Tii(>  owners,  k'ssees,  occupaiits.  iiiaiia>iers  or  ajueiits  of  any  huihl- 
iii;;.  estaiilisiiiiient  or  in-eiiiises  from  which  dense  smol<e  is  so  emitted  or  dis- 
charjied.  siiall  he  (h-enied  j;iiilly  of  a  iiiisdenieanor.  and.  niioii  com  id  ion 
thereof,  ill  any  court  of  coiniielenl  jurisdiction,  sliaii  jiay  ;i  line  of  not  less 
than  twenty-live  dollars  nor  more  tliaii  one  hundred  dollars.  .\iid  each  and 
every  day  whereon  such  smoke  sli:ill  he  imiiied  or  discliar}>;ed  shall  consti- 
tute a  se|iarate  olfens(> ;  provided,  however.  I  hat  in  any  suit  or  proceeding 
under  this  section  it  shall  lie  a  good  defense  if  the  persiui  charged  with  the 
violation  thereof  shall  show  to  the  saiisfaclion  of  the  jiir.\'  i>r  court  trying 
ilie  fails,  that  there  is  no  known  praciicahle  device.  ai)|ilianie.  means  or 
method  hy  a|iplicati<ui  of  which  to  his  building,  estahlislimeiit  or  premises, 
the  emission  or  discharge  of  the  dense  smoke  complained  of  in  that  proceed- 
ing could  have  lieon  prevented.     lOrd.  20."i,S3,  part  of  .sec.  l.")Ol.) 

The  first  clause  of  ord.  20583.  making  emission  of  smoke  a  nuisance.  Is  the 
same  as  sec.  1  of  ord.  20802,  and  hence  Is  not  duplicated  iiere.  This  ord.  repeals 
Mun.  Code,  sec.  1501-1504  Inclusive,  substituting  othi-r  sections  In  lieu  thereof. 
See  also   preceding  note. 

Sec.  IGiiO.  Sunie — sti-amlMiat — loc()nu»li\  t' — oxci'  pt  io  ii . — Tiie 
owners,  lessees,  occupants,  managers  or  agents  of  any  steamhoat.  tug.  or 
other  water  craft,  or  locomotive  engine  from  which  dense  smoke  is  emitted 
or  discharged  within  the  coriiorate  limits  of  St.  Louis  lo  the  damage,  in- 
jury, annoyance  or  detriment  of  any  ])orliou  of  the  iiiluihitanls  of  said  city, 
III-  to  the  damage,  injury,  annoyance  or  deirimeni  of  any  ])ersou  or  ))ersons 
wllhiii  .said  city,  or  to  the  damage,  injury  or  delrimeiit  of  any  |iroperty 
within  said  city,  shall  he  guilty  of  a  misdemeaiKM-  and  upon  conviction 
thereof  in  any  court  of  competent  jurisdiction  shall  pay  a  line  of  not  less 
than  twenty  live  dollars  nor  more  than  one  hnndred  dollars.  And  each  and 
every  day  whereon  such  smoke  shall  he  eiiiilled  or  discharged  shall  consti- 
tute a  .separate  olVeii.se;  provided,  howe\er.  thai  in  any  suit  or  proceeding 
under  this  section  it  shall  Im-  a  good  defense  if  the  person  charged  with  the 
violation  thereof  shall  show  to  the  satisfaction  of  the  jur\-  that  there  is  no 
known    |ir:iri  icalile   appliaiiie.   device,    means   or   methoil    liy   application   of 


894  REVISKD  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  IS 

wliicli  to  his  steanihoiit.  Iti<;  or  other  water  craft  or  loeomotive  engine,  the 
emission  of  the  dense  smoke  complained  of  in  tlie  j)roceeding  could  have 
been  j)revented.     (Ord.  20802.  sec.  2.) 

Sec.  1621.  Smoke  abatement  department. — In  order  to  carry  out 
fhe  provisions  hereof  and  the  ])rovisions  of  the  act  of  the  general  assembly 
of  the  State  of  ^Missouri  relating  to  smoke  abatement  in  cities  of  one  hun- 
dred thousand  inhabitants,  approved  March  twenty-first,  nineteen  hundred 
and  one,  there  is  hereby  created  a  department  to  be  known  as  the  Smoke 
Abatement  Department  of  the  City  of  St.  Louis.    (Ord.  20.")S;5.  sec.  l.")02.  i 

Sec.  1622.     Smoke  inspector  and  deputy  inspectors. — For  the 

purpose  of  carrying  out  the  work  of  the  Smoke  Abatement  Department  the 
mayor  is  hereby  authorized  to  appoint,  subject  to  contirmation  of  a  ma- 
jority of  the  members  of  the  council,  a  chief  smoke  insjjector  and  such  dep- 
uty smoke  inspectors,  not  to  exceed  five  in  number,  as  may  in  the  judgment 
of  the  mayor  be  necessary,  to  properly  j)erform  the  work  of  the  Smoke 
Abatemenf  1  )epartnK'nt.     ("( )rd.  20."S:^,  sec.  1.503. 1 

Sec.  1623.  Same— tenure. — Said  smoke  inspector  and  deputy 
smoke  inspectors  shall  hold  their  resjiective  jjositions  during  the  pleasure 
of  the  mayor.     (Ord.  20.183,  sec.  1504.) 

See.  1024.  Same — record  of  appointment  and  removal  of  in- 
spectors— certificate  of  authority. — The  appointments  and  remov- 
als of  smoke  inspectors  under  the  provisions  hereof  shall  be  made  matter  of 
official  record.  Each  smoke  inspector  when  api)ointed  shall  be  furnished 
with  a  certificate  or  written  evidence  of  his  ajipointment  signed  by  the 
mayor,  which  certificate  or  written  evidence  such  smoke  inspector  shall  ex- 
hibit if  required  by  any  ]!(»rson  upon  whose  premises  he  proj)o.ses  to  enter 
for  jiurposes  of  ins]icction.     (//*..  sec.  l.lOla.) 

See.  1625.  Same — salaries. — For  all  services  contemplated  by  the 
provisions  hereof  the  chief  smoke  inspector  shall  receive  from  the  city  com- 
pensation at  the  r;ite  of  one  hundred  and  fifty  dollars  per  month,  and  each 
of  said  dejiuty  smoke  inspectors  shall  receive  compensation  at  the  rate  of 
one  hundred  dollars  per  month,  all  payable  monthly  at  the  expiration  of  each 
month.     (Ord.  21422.  aiiKMiding  ord.  2Q383,  .sec.  IHOlb.) 

Sec.  1626.     Hours  of  smoke  inspectors — renu)val  by  nuiyor. — 

Said  chief  smoke  inspector  and  deputy  smoke  inspectors  shall  devote  on 
each  day  to  the  discharge  of  their  duties  at  least  the  number  of  houi's  pro- 
vided by  section  eleven  of  article  four  of  the  City  Charter,  and  for  failure 
to  do  so  or  for  any  other  reason  satisfactory  to  the  mayor  they  may  be  re- 
moved by  him  at  any  time.     (Ord.  20583,  sec.  1504c.) 

Sec.  1627.  Chief  snu)ke  inspector  controls  dei)artment — re- 
peats by  inspectors  to  mayor.  —  I'mler  the  sujK'i-vision  of  the  mayor 
the  chief  smoke  inspector  shall  direct  and  control  the  work  of  the  Smoke 
Abatement  Department  and  the  de])nty  smoke  inspectors  and  shall  furnish 
the  mayor  with  rejiorts  and  information  whenever  he  shall  be  required  to  do 
so.  as  lierein  jirovidcd.      {Jh.,  sec  1504d.) 

Sim-.  1(;2s.  l»owers  and  <lulies  of  chief  and  deputy  inspectors 
— reports  of  <leputies. — Said  chief  smoke  insi)ector  and  said  deputy 
smoke  insiiectors  ai'c  hercliy  authorized  in  the  ix'rformance  of  their,  duties 
to  enter  at  all  reasonable  hours,  upon  and  into  any  and  all  buildings,  estab- 


AUT    VI.  1  OF  VAGHANTS.  895 

lisliiMfiits,  premises  and  eHclosiirfs,  in  or  fnini  wliicli  lliev  niav  belit^ve  that 
liic  |ii-ovisi(>ns  liereul',  oi'  the  said  ait  iif  the  {,'enei'al  assenil)l_v  of  Missouri, 
lias  lieeii  or  is  heiu;;  violated;  and  to  inspect  or  examine  siicii  l)iiildin>;s,  es- 
tahlishnicnts,  premises  or  eiulosures  in  order  to  aseertain  whether  or  not 
tliere  is  any  known  prautieable  device,  appliance,  means  or  method  by  the 
ajiplication  of  whicli  to  said  biiildin<i:.  establishment  or  premises  the  emis- 
sion or  discharj;e  of  dense  smoke  thererrom  into  the  ojien  air  ciiiild  have 
been  or  can  be  |irevented.  Said  chiel'  and  deputy  smoke  ins]iectors  shall 
(•(dlei't  and  preserve  evidence  of  all  facts  touchiuf;  violation  of  this  article, 
or  said  act  of  the  >ieneral  assembly,  and  said  deimty  smoke  inspectors  shall 
make  reports  of  their  examination  and  investij^ation  to  the  chief  smoke  in- 
spector at  such  times  and  in  sucli  manner  as  the  mayor  or  chief  smoke  in- 
spector may  direct,     i  Ih..  sec  ir)()4e.) 

Sic.  lG2t).     P()li«'<' (U'parlnuMit  («» assist  in  sni«>k«>  alialcnu'iit. — 

It  is  hereby  made  tln'  dul\  of  all  paliiihiien  and  ofliceis  of  the  police  force 
of  the  city  to  assist  said  smoke  inspectors  in  tlie  jierformance  of  tlieir  duties 
and  to  report  to  the  chief  of  police  all  violations  of  the  laws  directed'  a;;ainst 
the  emission  of  dense  smoke  <-ominL;  to  their  kiiowledire.      i //<.,  sec.  ir((l4f.) 

Sec.  IG30.  Saint' — «'liit'f  <»!'  police  to  report  to  sniok<>  in- 
spector.— \\'heu  reports  of  violations  of  the  law  are  made  lo  the  chief  of 
police  by  jiatrolmen  and  officers  of  the  jiolice  force  it  shall  be  the  duly  of 
said  chief  of  police,  and  as  soon  as  jiracticable  after  such  reports  are  re- 
ceived by  him.  to  report  such  violations  to  the  chief  smoke  inspector,  whose 
duty  it  shall  be  to  consider  the  same  without  delay.     (/?*.,  sec.  Iu04g.) 

Sec.  1(131.  Inti'rferi'iK'c  ^^i(ll  insp»M*fors  niis(l(Mn<>aiior — pen- 
alty.— Any  person  who  sli;ill  ini>'rfiTc  wiili  :niy  of  tln'  .■^uiokr  iiis|ii-c'|ors  lu-re- 
inliefore  provided  for  in  the  discbarixe  of  their  duties,  or  shall  hinder  or  pre- 
vent any  of  .said  inspectors  from  euterinj;  into  or  upon,  or  from  inspecting 
any  buildings,  establishments,  enclosures  or  premises  in  the  discharge  of 
their  duties,  shall  be  deemed  guilty  of  a  misdemeanor  and  on  conviction 
thereof  shall  be  subject  to  a  line  of  not  less  than  twenty-five  dollars  nor 
more  than  one  Imiidicd  dollars  for  each  ollciise.      tilt.,  sec.   I. "it  Hi.  i 

AIM'lCl.i:  \  I. 

OF  VAOnANT.S. 

See.  1();32.  \'a};rant  delined. — A  vagrant  under  the  meaning  and 
provisions  of  this  ,iflii-le  shall  be  deemed  to  be: 

First. — Any  male  or  female  person  over  the  ages  of  fourteen  and  sixteen 
I  females  fourteen  and  males  sixteen)  ye.-irs,  whom  there  is  r(>ason  ti>  beli(>ve 
live  idly,  without  proper  and  diligent  ellort  to  j)rocure  employment,  and 
without  any  visible  means  to  maintain  themselves,  and  without  any  settled 
place  of  abode,  and  are  of  vicious  character  and  depraved  habits,  or  who 
shall  be  found  Kjitering  or  rambling  abroad,  or  wandering  and  lodging  in 
;:roceries.  tippling  houses,  beer  houses,  out  houses,  bawdy  houses,  houses  of 
bad  repute,  sheds,  stables,  market  houses.  Iiind)er  yards,  or  in  the  oi)en  air, 
or  wlu»  shall  he  fotind  tres|iassing  on  th(>  jirivate  ])remises  of  others  and  not 
give  a  good  aci'oiint  of  Ihem.selves.  or  who  shall  l>e  found  begging  or  going 
from  door  to  door  begging,  or  appearing  in  any  street,  thoroughfare,  or 
other  public  place,  begging  or  receiving  alms. 


896  REVISED  CODE  OR  GENERAL  OKfUXANCES.  [CHAP.  IS. 

Second. — Any  male  or  female  [)erson  who  shall  be  the  keeper,  propri- 
etor or  exhibitor  of  any  ganiiuj;  table  or  device,  or  gamblers,  or  who  shall 
be  any  assistant  or  attendant  at  any  such  gambling  table  or  device. 

Third. — Any  person  who,  for  the  purpose  of  gaming  or  gambling,  trav- 
els about  from  jjlace  to  place,  or  frequents  steamboats  or  other  vessels  at 
the  wharf  of  the  city,  or  railroads,  or  goes  from  place  to  place  in  this  city 
for  that  purpo.se. 

Fourth. — Any  person  upon  whom  shall  be  found  any  instrument  or 
thing  used  for  the  commission  of  burglary,  or  for  picking  locks  or  pockets, 
and  who  shall  fail  to  give  a  good  account  of  the  possession  of  the  same. 

Fifth. — Any  person  who  shall  be  found  engaged  in  pigeon  dropping,  as 
hereinafter  defined. 

Sixth. — Any  person  who,  having  once  been  convicted  of  being  a  va- 
grant, or  who  has  the  rejtutation  of  being  a  vagrant,  shall  be  found  in  the 
jiossession  of  any  Mexican  puzzle,  patent  safe,  straji,  thimble  and  balls,  or 
any  other  instrument  or  device  used  for  ])igeon  droi)piug. 

Seventh. — Any  pi-ostitute,  courtesan,  bawd  or  lewd  woman,  or  any  fe- 
male inmate  of  any  bawdy  house,  or  house  of  prostitution  or  assignation, 
brothel,  or  house  of  bad  repute,  who  shall  be  found  wandering  about  the 
streets  in  the  night  time,  or  frequenting  dram  sliojis  or  beer  houses,  or  any 
female  who  shall  be  found  employed  as  a  beer  carrier,  either  in  day  or  night 
time,  or  who  may  be  found  employed  in  singing  or  dancing  in  any  such 
house  or  place. 

Eighth. — Any  male  or  female  person  who  shall  knowingly  associate 
with  persons  having  the  reputation  of  being  thieves,  burglars,  pickpockets, 
pigeon  droppers,  bawds,  prostitutes  or  lewd  women,  or  gamblers,  or  any 
other  pei'son,  for  the  purpose  or  with  the  intent  to  agree,  conspire,  com- 
bine or  confederate:  first  to  commit  any  offense;  or  second,  to  cheat  or  de- 
fraud any  jjcrson  of  any  money;  or  third,  to  cheat  or  defraud  any  person  of 
any  money  or  i)roi)erty  by  any  means  which,  if  executed,  would  amount  to 
a  cheat  or  to  obtaining  money  or  property  by  false  pretenses;  or  fourth,  to 
commit  any  act  injurious  to  the  public  morals,  or  for  the  perversion  or  ob- 
struction of  justice,  or  the  due  administration  of  the  laws  or  ordinances; 
or  fifth,  who  lodges  in  or  fre(|uents  houses  or  otjier  places  having  the  ve\ni- 
tation  of  being  the  resort  of  thieves,  Inirglars.  pickjiockets,  pigeon  drojqters. 
bawds,  jirostitutes  or  le\\d  women,  or  gambling  houses,  or  places  foi-  the 
reception  of  stolen  projierty.     ( M.  ('.,  see.  lo-33.* 

lender  that  part  of  clause  referring  to  trespass  "witliout  gi\'ing  a  good  ac- 
count" there  can  be  no  conviction  if  defendant  can  grive  a  sood  account  of  him- 
self:     St.   Louis  vs.   Babcock.   156  Mo.   148. 

As  to  clause  seventh,  see  a  somewhat  similar  ordinance.  R.  C.  sec.  IrJlS  and 
note  thereto. 

The  eighth  clause  is  unconstitutional  and  void,  because  an  invasion  of  per- 
sonal liberty;  no  legislative  body  in  this  country  has  power  "to  choose  for  our 
citizens  whom  their  associates  sh.all  be"  and  "human  acts  and  agencies  have  not 
yet  arri\'ed  at  such  a  degi-ee  of  perfection  as  to  be  able  without  some  overt  act 
done,  to  discern  and  to  determine  by  what  intent  or  purpose  the  human  heart  is 
actuated":  Ex  parte  Smith.  135  Mo.  223,  227-228.  citing  St.  Louis  vs.  Roche.  128 
Mo.    541.    and    overruling   St.    Louis  vs.    Fitz,    53    Mo.    5S2. 

The  first  clause  of  the  ordinance  was  held  to  be  unconstilittlonal  and  void  by  Judge 
Allen  of  the  St.  Louis  circuit  court,  in  so  far  as  permitting  a  conviction  for  merely  id- 
ling, in  case  No.  4462Sa,  In  re  Knox.  And  a  State  statute  authorizing  an  alleged  va.g- 
rant  not  convicted  of  crime  to  be  hired  out  to  involuntary  servitude  on  a  verdict  of 
vagrancy   by  a  justice  of  the  peace  jury   is  void  as  violative  of  State  and    Federal 


ART.   VII.]  OF  DOGS.  897 

Constitution:  In  re  Thompson.  117  Mo.  83.  Where  a  municipal  charter  gives 
power  to  "regulate  the  police"  of  the  city.  It  authorizes  an  ordinance  to  punish 
vagrants,  and  it  does  not  conlllct  with  the  general  law  concerning  vagrants:  St. 
I  o'.il.x  vs.  H.ntz.  It  Mo.  Gl;  a  fort iori  whi-ff  the  charter  gives  e.xpress  authority 
to  restrain  and  punish  vagrants  and  to  define  who  shall  bo  such:  Kansas  City 
vs.  Neal.  49  Mo.  App.   72. 

Sct\  163."5.  I*i};»M>ii  <lr«>pi>iii*;'  tlt'finod. — Pi-rcnn  ilidiiiiiiii;,  uiidfi- 
llic  iiic;iiiiiio  and  iiilcni  of  Ilii.^i  arliilf.  shall  hi'  (IcciiU'd  tlu'  winninj;  or  ob- 
laiiiiiij;  iiioncy  or  ]in>]i('i-i_v,  or  thiiij^s  rc|ircs('iit inj;  iiioiu\v  of  jiroperty,  by 
ils  hciiij;  hot  or  slakod  on  any  <;ami'.  inslrniiu'iit,  contrivance  or  device, 
under  the  control  of  any  person  coiu'erned  in  tlie  {jaine,  bet  or  stake,  or  of 
any  confederate  of  such  person,  and  so  contrived  and  constructed  that  the 
result  of  any  jiaine.  bet  or  stake,  can  ho  determined  by  either  of  sucli  per- 
sons, or  the  horrt)\vin};  of  money  or  jiroperty,  or  auythin}^  representing 
iiioiiey  or  property,  tt)  be  bet  on  any  such  •jaiiies,  instrument,  contrivance 
or  device,  or  tlio  invei<;iiuj;.  enticinj;  or  persuading  any  persons  to  he  let 
or  lend  money  or  projuM'ty,  or  anylhino  represeiiiinji  money  or  jn'operty 
lo  he  het  or  slaked  on  any  such  fjame,  inslruuient.  contrivance  or  device, 
or  borrowiiifi  iiioucy  or  property  on  petitions  or  worthless  notes,  checks  or 
drafts.  i)r  havinj;  tlii'iti  in  their  ])ossession  I'oi'  a  fraudulent  luirjiose.  (  M.  C, 
.sec.  l;x$4.) 

See.  1634.  fJoinl  trials — wln'ii. — Two  or  moie  jiersons  found  act- 
ini;  to}i;elher  or  in  concert  for  the  purpose  of  pigeon  droppinj;.  may  be  tried 
jointly.     (M.  C,  sec.  1535.) 

Sec.    lt)3.").       Vjifjrain'y— <»n    cliars:*'    of— what  ovhIoik-o  com- 

lU'tt'Ht. — On  the  trial  before  llie  jiolice  jusiice  of  any  person  charficd  wilh 
liein-;  a  va;trant.  it  shall  he  lawful  for  llie  i-ity  to  inlroiluce  testimony  as  to 
the  character  and  reputation  of  the  defendant,  touching  any  of  the  matters 
set  foith  in  .section  l(i32,  and  the  defendant  may  resort  to  testimony  of  a 
like  nature  for  the  puri>ose  of  disiiroving  said  charges.     (M.  C.  sec.  153tj.) 

Sec.  163ti.  Vafjraiu'y — iM>iialtit>s  upon  conviction. — Any  ])('rs(>n 
who  shall  be  convicifd  of  lieiiig  a  \;iuiaiil.  under  Ihe  ]irovisions  of  S(>ction 
lti.'{"_'  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
1)0  fined  as  follows:  If  under  the  tii'st  clause,  not  less  than  ten  nor  more 
than  one  hundred  <lollars;  if  under  the  second  or  third  clauses,  not  less 
than  one  hundred  nor  nion*  than  five  hundred  dollars;  if  under  the  fourth, 
lifth.  sixih.  eighth  or  niiilh  clauses,  five  hundred  dollars:  and  if  under  the 
provisions  of  the  seventh  clause,  not  less  than  ten  nor  more  than  fifty  dol- 
lars, and  till-  police  jiistii-e  m;iy.  in  addition.  rcHpiire  Ihe  defendant  to  give 
a  bond  to  the  City  of  St.  Louis,  with  good  and  sufficient  security  in  a  pen- 
alty of  five  hunilred  dollars.  conditi(Uied  that  said  defendant  will,  for  the 
space  of  six  months  next  ensuing  the  execution  of  said  bond,  be  of  good 
behavior  towards  all  citizens,  and  in  defiuilt  thereof  it  shall  be  the  duty  of 
the  police  justice  to  commit  said  defendant  to  tht>  workhouse,  until  such 
seciirity  be  given,  not  exceeding  six  nionihs.     iM.  ('.,  sec.  1537.) 


AliTlCLi:  \11. 

OI'  DOGS. 

Sec.  1637.     Dojrs— not   iicrniittiMl    in   city   unless   tax   paid. — 

No  dog  shall  be  permitted   to  he  :iiii|   reyi;iin   within   the  limits  of  the  city 


898 


REVISED  CODE  OR  GENERAL  ORDINANCES. 


[CHAP.   IS. 


unless  the  owner  tlieicof  shall  have  caused  such  dog  to  be  registered  aud 
the  tax  iiii])Osed  by  this  article  to  be  jiaid.     (M.  ('.,  sec.  1538.) 

Doss — A  i.'it>"  has  puwer  to  impos*.-  a  tinu  upon  a  person  for  keeping  a  dog: 
witliin  its  limits  ^vitliout  Iiaving"  obtained  a  license  to  do  so.  in  violation  of  tlie 
city   ordinances:    Carthage   vs.   Rhodes,    101  Mo.   175. 

Sec.  1638.  Aiiioiint  of  tax. — The  tax  on  every  dog  iu  the  City  of  St. 
Louis  shall  be  one  dollar  per  year,  payable  to  the  license  collector  for  the 
u.sc  of  the  city.     (Oni.  20411',  aiueiidiiig  M.  ('.,  sec.  153!).) 

Sec.  163fi.  Tax  plates  to  be  provide*!. — The  register  shall  an- 
nually jirocuie  such  number  as  may  be  leiniired  of  metallic  plates  of  con- 
venient size  and  shape,  the  shape  to  be  changed  every  jeai;  and  having  cast 
thereon  in  raised  letters,  the  resi)ective  letters  "C  T.  P."'  and  the  figures 
indicating  the  year  for  which  the  tax  has  been  paid;  and  he  shall  also  cause 
to  be  ])re])ared  printed  blanks,  bound  in  book  form  and  arranged  in  such 
manner  that  one  certificate  can  be  cut  out  and  a  stub  or  duplicate  thereof 
left  in  the  book,  and  the  register  shall,  on  or  before  the  first  day  of  January 
in  each  year  (or  as  soon  tliereaftei*  as  may  be),  d»^liver  to  the  comptroller 
tlie  metallic  ])la1es  aforesaid,  and  also  an  e(iual  number  of  blank  certificates, 
with  stub  or  duplicates,  as  aforesaid,  signed  by  the  register,  and  shall 
charge  the  comittroller  therewith;  the  compiroller  shall  deliver  aud  charge 
.such  plates  and  certificates  to  the  license  [collector]  commissioner,  and  the 
license  [collector]  commissioner  shall  account  to  the  coiii]itroller  for  every 
plate  and  certificate  so  furnished  to  him.      (M.  C,  sec.  1540.) 

Under  act  of  1901  creating  the  office  of  license  collector,  the  duties  and  powers 
of  the  license  commissioner  are  impose'd  upon  the  license  collector;  the  act.  in 
effect,  abolishes  the  office  of  license  commissioner,  Laws  1901,  pp.  80-82.  As  to 
penalty  for  unauthorized  dog  license  plate  see  R.  C,  sec.  1618. 

See.  1640.  Delivery  of  tax  plates — eertifieate. — In  every  case 
wherein  application  shall  lie  m.-ide  to  the  license  [collector]  coiiiiuissioner 
for  a  license  for  any  dog,  that  officer  shall  deliver  to  the  ajiplicant  a  metallic 
plate  having  tlw:"  number  corresponding  with  that  of  the  license  stamped 
thereon,  and  shall  also  deliver  to  such  parly  a  certificate  from  the  book 
furnished  to  him  by  the  comjitroller,  v.liich  said  certificate  as  well  as  the 
margin  or  jiart  tliei-eof  remainiiig  in  llie  book  after  cutting  out  the  cer- 
tificate shall  contain  the  number  of  the  license,  the  year  for  which  the  same 
is  granted,  the  name  and  residence  of  the  owner  of  the  dog,  and  the  .sex,  and 
a  correct  descrij)tion  of  the  dog  for  which  the  licen.se  is  paid,  and  the 
amount  of  tax  jiaid  therefor.     Ol.  ('.,  sec.  1541.) 

Sec.  1641.  Owner — duty  of. — It  shall  be  the  duty  of  the  owner 
of  every  registered  dog  to  ]>ut  around  the  neck  of  such  dog  a  collar  not  less 
than  thi-ee-(|uarters  of  an  inch  in  width,  to  which  sha"  be  attached  with  a 
metallic  fnslening  the  metallic  jilate  aforesaid,     (il.  (\.  sec.  1542.) 

See.  1642.  When  <logs  to  be  impounded. — It  shall  be  the  duty 
of  the  city  marshal  and  his  de]uities  and  assistants  to  take  up  and  impound 
in  a  suitable  jilacc^ — of  the  location  of  which  place  he  shall  give  notice  by 
posting  a  cai-d  or  notice  in  some  conspicuou';  jilace  in  his  office,  and  by 
posting  a  similar  card  or  notice  in  the  office  of  the  license  |  collector]  com- 
missioner— all  (logs  found  in  the  City  of  Kt.  Louis  without  a  collar  around 
their  neck,  m.irked  as  herein  jirovided,  oi"  which  may  lie  found  running  or 
being  at  large  unmu/./.led,  contrary  to  the  pi-ovisions  of  .my  order  issued  by 
the  board  of  health,  as  hereinafter  jirovided  in  section  1644  shall  be  ini- 
[lounded.     (^I.  C,  sec.  1543.) 


AKT.    VII.l  OF  DOGS.  89il 

Sic.  1G4.'5.  l*t>iiiill>  for  failiirc  to  |»;iy  tax. — Every  owner  of 
a  duff,  aiul  every  [ler.sun  w  liu  sliall  .suUit  or  [leriiiil  a  dog  to  remain  upon  any 
premises  imder  his  immediate  eonlrol  without  having  caused  such  dog  to  be 
registei-ed  and  tlie  tax  thereon  to  lie  paid  as  provided  by  this  article,  siiall 
he  guilty  of  a  misdemeanor,  and  lined  not  less  than  live  nor  more  than  litty 
dollars.     I  .M.  ("..  .sec.  1544.  ( 

See.    i()44.     Doffs — running  at  1  arjfo,  when  proliilutod. — 

Whenever  the  hoard  of  health  shall  deem  it  necessary,  on  account  of  the 
prevalence  of  hydrophobia,  or  for  sanitary  purposes,  it  shall  be  their  duty  to 
make  an  order  prohibiting  for  a  certain  time,  all  dogs  from  running  at 
large  on  any  street  or  other  ]iublic  ]ilace  in  this  city,  unless  such  dog  be 
securely  imi/.zied  or  led  by  a  line,  so  as  to  etl'ectualiy  prevent  them  from 
biting  any  person  or  animal,  which  order  shall  be  published  in  the  papers 
having  the  contract  for  the  city  printing,  and  all  dogs  found  running  at 
large  unmuzzled,  contrary  to  the  provisions  of  such  order,  shall  be  taken 
up  anil  imjn)unded  as  in  section  l(J4l2  provided;  and  all  dogs  taken  up  and 
being  iin]iiiunded  for  being  at  large  in  violation  of  such  order,  may,  if  the 
owner  satisfy  ih(>  city  marshal,  by  his  own  oath  or  other  testimony,  that 
no  blame  attaches  to  him  for  permitting  such  dogs  to  go  at  large  in  viola- 
tion of  the  pi'ovisions  of  such  order  of  the  board  of  healtli.  be  redeemed  as 
unregistered  dogs  are  redeemed  from  the  dog  pound,  and  upon  the  payment 
t()  the  city  collector  [license  collector]  of  three  dollars  for  the  use  of  the 
city  and  the  fee  of  the  pound  keeper.     iM.  ('.,  sec.  l.">4i).) 

Sec.  164.').  KtMleinption  fee,  ainouiit  «f. — Foi-  every  dog  taken  up 
and  contiiied  in  the  dog  pound,  as  i>rovided  in  sections  1(;412  and  I<>44  of  this 
article,  for  which  lui  tax  has  been  jiaid,  a  redemption  fee  of  three  dollars, 
tog.ether  with  the  amount  of  the  license,  shall  be  paid  to  the  city  [license] 
collector  for  the  use  of  the  city,  and  ujion  procui'ing  the  certificate  of  the 
city  [licen.se]  collector,  stating  that  said  amount  has  been  paid,  and  jiaying 
further  sum  of  tifty  cents  to  the  ](ouiid  kee])er  for  taking  up  such  dog.  the 
owner  Ihei-eof.  within  three  days  after  the  impimiiding.  or  any  other  person 
after  three  days  shall  be  entitled  Id  redeem  such  dog.  and  if  the  dog  shall 
not  be  and  is  not  redeemed  within  ihree  days  after  being  taken  up  he  shall 
he  slain  by  the  i)ound  keeper;  and  the  person  taking  up  such  dog  shall  re- 
ceive therefor  the  sum  of  tifty  cents,  aiul  the  pound  keeper  the  sum  of  Iwen- 
tytive  cents,  to  l)e  paid  out  of  the  city  treasury;  but  if  it  shall  be  made  to 
appear  to  the  satisfaction  of  the  city  [license]  collector  by  the  aftiihnit  of 
till-  owner  or  by  other  suflicienl  testimony,  that  any  jierson  claiming  to  re- 
deem a  dog  ciuitined  in  the  dog  |iound  has  registered  such  dog  ami  has  put 
■irouiid  his  neck  a  <-ollar  stamped  and  marked  as  provided  in  .section  1()41. 
but  that  such  collar  has  been  accidentally  displaced  or  lost,  tiie  city  [license] 
collector  may  deliver  to  him  a  metallic  plate,  as  described  in  section  l(!4lt. 
to  correspond  with  the  registry,  withotit  any  additional  charge  therefor, 
excej)t  the  fee  of  twenty-five  cents,  to  be  paid  to  the  city  [license]  collector 
foi-  the  use  of  the  city.     t^I.  f\.  sec.  I.'vlfi.  t 

Sec.    lG4(i       I)oh:.s    to    !>«•    kilU'tl  — wlu'ii It    shall    be    the    duty   of 

the  city  marshal  .and  his  assistants  to  kill  any  dog  which  nuiy  be  ftnind  in 
the  rity  of  St.  I.ouis  withoul  an  owner,  and  without  a  collar  stam]ied  or 
marked  as  jirovided  in  section  l<i41.  or  found  at  large  contrary  to  the  or- 
ders of  the  board  of  health:  ]>rovide(l.  siu'h  dog  cannot  lie  .safely  taken  up 
and  im|inunded.  Hut  it  shall  not  be  lawful  for  any  ofticei-  of  the  City  of 
St.  l.ouis  or  other  [lerson  to  shoot  or  ii.se  poison  for  the  jiurjiose  of  killing 
any   such    dog.    or    to    shoot    or  use    poison     for    the    pnrjiose    of    killing 


900  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  IS. 

any  dog  at  any  other  place  than  the  dog  pound ;  and  any  officer  of  the  City 
of  St.  Louis,  or  other  person,  who  shall  entice  any  dog  so  collared  out  of  the 
inclosuro  of  the  possessor  of  such  dog,  or  who  shall  molest  or  seize  any  dog 
while  held  or  led  by  any  person,  or  who  shall  bring  into  the  citv'  any  dog 
for  the  purpose  of  taking  up  and  inijtounding  the  same,  shall,  on  conviction, 
be  fined  in  a  sum  not  less  than  five  nor  more  than  fifty  dollars.  (M.  C, 
sec.  1547.) 

Sec  1647.  Dangerous  dogs — may  be  killed. — If  any  fierce  or 
dangerous  dog  shall  be  found  at  large  in  the  streets  of  St.  Louis,  or  upon 
any  public  place,  or  upon  the  private  premises  of  other  persons  than  those 
of  the  owner  of  the  dog,  and  shall  there  annoy  or  endanger  any  person  there 
in,  the  owner  thereof  shall  forfeit  and  pay  to  the  City  of  St.  Louis  a  sum 
of  money  not  exceeding  fifty  dollars  for  the  first  offense  on  the  part  of  said 
owner,  in  permitting  such  fierce  or  dangerous  dog  to  go  at  large;  and  more- 
over, it  may  be  part  of  the  sentence  upon  such  conviction,  that  such  fierce  or 
dangerous  dog  be  immediately  killed,  and  this  sentence  shall  be  forthwith 
executed  by  the  city  marshal,  for  which  he  shall  receive  the  further  sum  of 
five  dollars,  to  be  paid  by  the  owner  of  said  dog,  which  sum  shall  be  in- 
cluded in  said  judgment.     (M.  C,  sec.  1548.) 

Sec.  1648.  Word  "dog"  defined. — The  word  "dog,"  whenever  used 
in  this  article  without  qualification,  is  intended  to  mean  a  female  as  well 
as  a  male  dog.     (M.  C,  sec.  1549.) 

Sec  1649.  3Ioneys  to  be  paid  into  treasury.  — The  city  [license] 
collector  shall,  on  the  Monday  of  every  week,  pay  to  the  city  treasurer  all 
moneys  by  him  collected  under  the  provisions  of  this  article,  during  the 
preceding  week,  and  all  orders  for  the  redemption  of  impounded  dogs,  and 
all  receipts  given  by  the  city  [license]  collector  for  redemption  fees  or  other 
moneys  received  by  him  under  the  provisions  of  this  article,  shall  be  signed 
by  the  city  register,  and  countersigned  by  the  comptroller,  and  charged  to 
the  city  [license]  collector.     (M.  C,  sec.  1550.) 

ARTICLE  VIII. 

OF  PENALTIES.   FINES  AND  FORFEITURES.* 

Sec.  1650.  Punishment  where  no  specific  penalty^  pre- 
scribed.— Any  person  who  shall  be  convicted  of  any  misdemeanor  under 
any  provision  of  this  chajiter,  in  a  case  where  no  special  jienalty  is  pre- 
scribed, shall  be  fined  not  less  than  five  nor  more  than  five  hundred  dollars 
for  the  first  offense;  for  the  second  offense  of  a  like  nature,  he  shall  be 
fined  not  less  than  double  the  minimum  penalty  aforesaid ;  for  the  third 
offense  of  a  like  nature,  not  less  than  treble  said  minimum;  and  so  on,  in- 
creasing the  minimum  five  dollars  upon  each  additional  conviction.  (M.  C. 
sec.  1551.) 

Sec.  1651.  Misdemeanor  defined. — The  word  misdemeanor  when- 
ever it  occurs  in  this  chapter,  shall  be  construed  to  mean  and  to  stand  in 
lieu  of  "violation  of  ordinance."     (M.  C,  sec.  1552.) 

♦Charter,  Art.  Ill,  sec.  26,  clause  10.  For  general  note  on  misdemeanors  see 
note  to  R.  C,  sec.  1265.  referring  also  to  tlie  various  cliarter  provisions  authoriz- 
ing and  limiting  the  city's  authority  by  ordinance  to  provide  for  fines,  penalties, 
forfeitures,  and  the  remission  or  stay  thereof,  and  the  enforcement  by  confine- 
ment, etc.;  also  discussing  the  nature  of  the  proceeding  for  violation  of  an  ordi- 
nance, to  what  extent  civil  or  criminal,  how  brought,  their  function  in  the  mu- 
nicipality, procedure  at  the  trial,  their  constitutionality,  etc.  And  see  note  to 
sec.   1279  as  to  the  form  and  sufficiency  of  the  statement  or  information. 


CHAP.    19]  OF  MULLANPHY    EMIC.KANT    rtELIEF    FUND.  901 

Sfc.  1652.  Ainoiiiit  ol  liii«',  \\  Im'ii  non«>  (IiM'lariMl. —  Wlini- 
over,  in  the  ordiiiaiufs  of  the  City  of  St.  Louis,  or  either  of  (iiein,  the  do- 
inK  (if  any  aet,  or  the  omission  to  do  any  act  or  duty,  is  dechired  to  he  a 
brearii  of  any,  or  eithei-  of  said  ordinanies.  and  tliere  shall  lie  no  tine  or 
ipciially  dcclart'd  fur  any  sui-li  lireach.  any  jiei'son  or  jpci'sons  convicted  of  any 
such  hrcacii  shall  he  lined  not  less  than  live  dollars  and  not  e.xceedin;;  three 
hundicd  dollars.      (  M.  C,  see.  l.">."):!.  i 

Stc.  165.S.  3Iiixii)iiiin  of  fiiu',  uiu'n  not  prcscrilu'd, — When- 
ever, in  any  ordinance  of  ilic  cii_\  licrcinlcnc  or  licrcalicr  passed,  a  line,  for- 
feiture or  penalty  is,  or  may  he  jirescrilieil,  at  not  less  than  a  >iiven  sum.  but 
the  maximum  of  such  tine,  forfeiture  or  penally  is  not  likewise  fixed,  such 
maximum  shall  lie  as  follows,  to-wit :  If  (he  minimum  of  such  fine,  forfeiture 
or  jienalty  shall  he  less  than  one  hundred  dollars,  the  maximum  shall  be 
three  hundred  dollars;  if  the  minimum  he  one  hundred  dollars  or  above  that 
sum,  the  maximum  shall  be  live  hundred  dollai's.  and  il  shall  lie  lawful  in 
any  such  case  to  reccncr  the  maximum  aforesaid  in  like  manner  as  if  the 
same  wei-e  specially  set  furlli  in  any  such  uriiinaiirc.      iM.  ('.,  sec.  1554.) 


CHAPTER  19. 

OF  MULLA.NPHV   EMIGRANT  RELIEF  FUND.* 

Sec.  16.54.    Hoard  coiiiniissionorsostablislied There    is    hereby 

constituted  and  esiablislied  a  Imaiil  of  commissioners  to  be  styled  "The 
Hoard  of  Commissiiuiers  of  the  Mnllanphy  IJuijiranl  Helief  Fund."  which 
shall  be  composed  of  ihirleen  members,  noi  nuu-e  than  five  of  whom  shall 
reside  in  one  eon}»ressional  district.      (  .M.  (".,  sec.  1.^55.) 

See  Charter.  Art.  XVI.  sec.  3,  and  the  preceding  note. 

See   165.5.     Coniniissionors — lio^v  eloctod — terms. — The  council 
shall    elect  said    buaid    by    ballot.     Five  members    of  saiil   board  shall  be 

•These  ordinance."!  relating  to  the  Mullanphy  Emigrant  Relief  Fund  grow  out 
of  the  following  provision  In  the  will  of  Bryan  Mullanphy,  who  died  June  15, 
1851:  "One  equal  undivided  third  of  all  my  property,  real,  personal  and  mixed, 
I  leave  to  the  City  of  St.  Louis,  in  the  State  of  Missouri,  In  trust,  to  be  and  con- 
stitute a  fund  to  furnish  relief  to  all  poor  emigrants  and  travelers  coming  to  St. 
Louis  on  their  way.  tiona  fidt,  to  settle  In  the  west."  The  bequest  was  accepted 
by  ordinance  2724.  This  provision  In  the  will  was  upheld  as  valid  in  Chambers 
vs.  St,  Louis,  29  Mo.  543.  and  the  charity  has  ever  since  been  administered  by  the 
city,  (subject  to  the  control  of  a  court  of  equity).  The  Intended  objects  of  the 
bequest  becoming  largely  obsolete  by  the  changed  conditions,  ord.  19237  was 
enacted,  providing  that  the  mayor  institute  legal  proceedings  to  obtain  author- 
ity to  apply  the  fund  to  charitable  purposes  other  than  those  directed  by  the 
testator.  This  litigation  attained  the  peculiar  results  commented  on  In  St.  I»uls 
vs.  Crow.  171  Mo.  272.  Since  the  legal  title  as  trustee  only  is  In  the  city,  and 
the  real  use  of  the  fund  is  not  for  municipal  purposes,  but  for  the  benellt  of  a 
particular  class,  the  fund  la  not  exempt  from  taxation  under  the  constitution: 
St.  Louis  vs.  Wenncker.  145  Mo.  230.  The  tax  should  be  assessed  against  the  city 
as  trustee,  not  to  the  "Mullanphy  Emigrant  Fund":    ib.,    p.  239. 

Where  there  la  no  competent  evidence  to  show  that  a  surveying  compony  was 
employed  by  the  board,  aa  such,  nor  that  It  accepted  the  fruit  of  plalntift's  work, 
there  con  be  no  recovery:  and  evidence  that  individual  members  of  the  board 
unofficial. y  directed  the  work.  Is  Inadmlsalble  In  a  suit  against  the  city  as  trustee 
of  Mullanphy  bequest:  Surveying  Co.  vs.  St.  Louis.  Trustee,  etc..  68  Mo.  App.  182. 
holding  that  the  only  proper  evidence  of  the  acts  of  the  board,  outside  of  those 
falling  within  the  scope  of  authority  vested  In  Its  ofllcers.  is  the  record  of  the 
board. 


902  REVISED  CODE  OR  GENERAL  ORDIN.\NCES.  [CHAP.   19. 

elected  to  hold  their  office  for  a  term  of  three  Years,  aud  until  their  suc- 
cessors are  duly  elected  and  qualified,  four  to  hold  for  two  years,  aud  until 
their  successors  are  duly  elected  and  riualified.  and  four  to  hold  for  one 
year,  and  until  their  successors  are  duly  elected  and  (|\ialified.  And  on  the 
second  Tuesday  in  June  in  each  year,  thereafter  the  council  shall  elect 
by  ballot,  ])ers<)ns  to  fill  the  vacancies  existiu""  in  said  board,  caused  by  the 
expiration  of  term  of  office;  and  the  members  thus  elected  shall  hold  their 
office  for  three  years,  and  until  their  successors  are  duh'  elected  and  quali- 
fied.    (M.  C,  sec.  155G.J 

Sec.  1656.  Vacancies— how  fllletl. — In  case  of  a  vacancy  occur- 
ring in  said  l)oai-d  otherwise  than  by  the  exjtiratiou  of  the  term  of  office, 
the  board  shall  immediately  notifiy  the  council,  if  in  session,  or  if  not,  then 
at  the  next  ensuing  .session  thereof,  of  the  vacancy  existing  in  said  board: 
stating  from  what  congressional  district  the  member  causing  such  vacancy 
was  elected,  and  the  cause  of  such  vacancy,  if  known,  whereupon  the  coun- 
cil shall  ]iroceed  to  elect  by  ballot,  a  commissioner  of  said  lioard.  to  fill  the 
vacancy  for  the  balance  of  the  term.      (il.  (\.  sec.  l.j.jT.  i 

Sec.  1657.  3Iayor — ex-ofticio  member. — The  mayor  of  riie  <'ity 
of  St.  Louis,  for  the  time  being,  shall  be  ex-officio  a  mend)er  of  the  board  of 
commissioners.      (M.  C,  sec.  1558.) 

Sec.  1658.     rommissioiiers  to  receive  no  compensation. — The 

members  of  said  hoard  shall  receive  no  compensation  foi-  their  services. 
( M.  (J.,  sec.  1559.) 

See  Charter.  .\rt.  XS'I.  see.  3. 

Sec.  1659.  Officers  of  board.—  The  board  shall  elect  a  president, 
vice-president,  secretary,  assistant  secretary  and  such  other  officers  as  may 
be  deemed  necessary  to  carry  out  the  purposes  for  which  the  fund  was  con- 
stituted by  its  founder,  namely  to  furnish  relief  to  all  poor  emigrants  and 
travelers  coming  to  St.  Louis  on  their  way,  bona  fide,  to  settle  in  the  west. 
The  officers  of  this  board  shall  be  elected  for  one  year,  except  the  secretary 
and  assistant  secretai'y,  who  shall  l)e  elected  every  three  years,  i  iL  C, 
sec.  1560.) 

See  note  at   head  of  this  chapter. 

Sec.  1660.  Board — duties  of.  — The  board  of  commissioner!?  shall 
take  and  hold  in  trust  for  the  City  of  St.  Louis,  for  use  of  the  emigrant  re- 
lief fund,  all  lands,  moneys,  bonds,  notes  and  other  evidence  of  indebtedness, 
and  all  projierty  of  whatever  description,  to  which  the  City  of  St.  Louis 
may  now,  or  shall  hereafter,  be  entitled,  by  virtue  of  the  will  of  the  late 
Byran  ]\lullani)hy,  deceased,  or  which  may  be  given  or  bequeathed,  to  be 
a])plied  to  th(>  benefit  of  said  "emigrant  relief  fund.''  The  said  board  shall 
have  the  right  to  institute  suit  in  the  name  of  the  City  of  St.  Louis,  trustee 
of  the  ilullaniihy  befpiest.  for  the  lauds,  moneys  or  other  property  due,  or 
of  right  belonging  to  said  fund,      i  M.  C,  sec.  1561.) 

Sec.  1661.  lioard — powers  of. —  The  board  of  ••ommission(>rs  are 
invested  with  the  control,  management  and  dii'ectiou  of  the  ]>ro|)<>i-ty  and 
affairs  of  said  fund,  and  shall  have  full  power  to  make  all  needful  regula- 
tions and  by-laws  for  its  go\ernanc(>.  not  in  confiict  with  this  article  or  any 
city  ordinance.  They  shall  ajiiioint  from  Iheii-  own  number  an  auditing 
committee  and  odiei-  comniiltees,  and  shall  conduct  the  concerns  of  the  fund 


CHAP.    19.]  OF   MrM.ANl'IlV    K.Mir.KA.NT    ItlCMIM"    ITND.  903 

;:j;i-('i';il(ly  Id  Ihc  iiM|iiiiciiicnls  of  il.-^  riiuinlci-  anil   llir  (irdiiiimccs  pas.scd   Tor 
ilic  iii:uiaj;('iii('iil  ul   iliis  riiiiil.      i.M.  ('.,  sec.  l~t(>'2.) 

Sfi-  l(i(i2  lioiird^iiH'cdnji's  of. —  The  board  slia II  nici'l  at  least 
iiiHc  I'vcry  monili.  on  auv  (la.\  autl  liDiir,  to  lie  lixi'il  by  rcsohitioii  ol'  the 
bt)ar(l.  The  president  may,  and  upon  written  reipiest  of  three  niendiei-s  shall, 
call  s|ic(ial  nieetini;s.  j^ive  due  notice  in  wrilinji  to  the  otliei-  members  of 
the  l(oai-d.  and  at  all  meetinjis  seven  members  shall  constitiite  a  (pionim  to 
do  business,  but  a  less  nundiei'  may  adjourn  from  day  to  da\  and  compel 
the  attendance  of  absentee's.      (M.  ('..  sec.  Ki.'i.'i.j 

Sec.  1G63.  IJojird — ri-conls  and  reports  of.— Tiic  iioard  shall 
keep  a  full  and  correct  acc-ount  of  its  proceedinj^s.  and  shall  make  reports 
semi-anntially  to  the  municiiial  assembly,  giving  detailed  statements  of  the 
operations  of  the  board,  of  all  recei])ts  and  expenditures,  showing,  all 
atnonnts  paid  out.  to  whom  paid  and  for  what  jiaid,  and  the  j;eneral  con- 
dition of  the  fund.  The  oflict'rs  ai)pointcd  by  the  board  shall  make  re](orts 
to  the  same,  as  ii  may  from  time  to  time  iv(|uirc;  and  it  shall  be  the  duty 
of  the  auditini;  committee  of  the  board  to  examine  the  accounts,  books  and 
\oin-hers  of  the  officers,  and  to  make  rei)ort  thereof  to  the  board  of  com- 
missioners once  every  month;  and  the  said  reports,  as  well  as  tlie  liooks  of 
the  board,  shall  be  subject  to  insjtection  by  any  member  of  the  muViicipal 
assembly.     (M.  ('..  sec.  15(j4.  ) 

See   Surve>Mng   Co.    vs.    St.    Louis.    6S    Mo.    .\pp.    IS'2.      See   openiiigr    note    ot    tliLs 
chapter. 

S'c.  Ititrl.  <)lli<'ers — diif  it's  of,  bonds  aiul  salaries. — The  board 
shall,  in  their  by  laws,  prescribe  the  iliiiics  of  the  respective  oflicers  and  fix 
their  salaries,  which  shall  not  exceed  two  thousand  dollars  per  annum  for 
the  -secretary  and  lifteen  Imndi-ed  dollars  for  the  assistant  secretary,  who 
shall  be  able  to  speak  the  i;iij;lish  and  (ierman  laiifiuajics.  The  board  shall 
re(|uire  and  lake  from  its  oflicers  projier  and  siifticient  bonds,  with  at  least 
two  >;ood  si'curities;  that  of  the  secretary  to  be  in  the  amount  of  twenty- 
five  thousand  (hdlars.  and  that  of  the  assistant  secretaiT  to  be  in  the 
amount  of  live  thousand  dollars;  said  bonds  being  couditicmed  for  the  faith- 
ful discharge  of  their  duties,  and  for  the  safekeeping  and  j)roper  exjiendi- 
ture  of  all  money  and  jiroperty  that  may  come  into  their  hands.  But  no 
member  of  the  boaril  or  of  the  municipal  assembly  shall  be  taken  as  a  bonds- 
tuan  or  security  on  any  bond  or  writing  c)bligatorv  for  the  fund,  nor  shall 
any  i>f  the  board  become  a  lessee  of  any  lands  or  pro]ierty  of  the  fniul.  either 
as  contractor,  sidx-ontractor  for  work  or  material,  or  in  any  other  way;  and 
whenever  it  shall  come  to  the  knowledge  of  the  board  that  any  member  there- 
of is  in  anywise  iiecuniarily  intereste<l  in  said  fund,  his  otfice  shall  be  vacated, 
and  the  president  of  the  board  shall  re]iort  the  same  to  the  council  for  their 
action  as  soon  as  jiracticablc*  The  board  may.  frotii  time  to  time,  prescribe 
sui-h  additional  duties  to  their  resjiective  officers  as  they  shall  deem  prijper, 
and  m.iy  at  their  pleasufe  suspend  or  remove  from  office  any  of  their  aj)- 
pointed  oflicers.  ami  the  salary  of  such  oflicers.  when  susiH'uded  or  removed, 
shall  cease  from  the  date  of  their  suspension  or  removal,  and  every  oflicer 
shall,  upon  going  out  of  office,  deliver  to  the  l)oard  or  his  successor,  all  books. 
pa[>ers.  furniture  and  other  things  ajipertaining  to  his  office,  i  M.  ('..  .sec. 
l.'t;.").  I 

•See  CharliT.    IV.   s<t.    |ii.  unci   notes,  as  to  city  officers   Interested    In   clt.v   con- 
trnrt.i. 

Sc-i'  Hit;.').  I*r<'si<l<'nt  —  dii(i«'s  and  powers  of.  The  president 
shall  be  the  chief  executive  officer  of  the  .Miillanphy  Immigrant   Relief    I'Miid. 


904  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.   19. 

and  shall  have  care  and  control  of  everything  connected  therewith ;  he  shall 
see  that  the  seci'etary  and  other  officers  diligently  discharge  their  respective 
duties,  and  upon  failure  thereof,  shall  make  rejiort  of  facts  to  the  board. 
He  shall  sign  all  deeds,  leases,  contracts  and  orders  for  money  exceeding 
the  amount  of  ten  dollars,  and  shall  aid  and  advise  the  officers  in  giving 
relief  to  poor  emigi-ants;  provided,  that  he  shall  at  all  times  exercise  the 
[)0wers  and  perform  the  duties  herein  mentioned  according  to  the  by-laws, 
rules  and  regulations  adopted  by  the  board.  The  president  shall  receive 
no  compensation  for  his  services.      (M.  C,  sec.  1566.) 

Sec.  1666.  Vice-president — duties  of. — The  vice-president  shall 
perform  the  duties  of  the  president  in  case  of  his  absence  from  the  city  or 
inability  to  serve.     (M.  C,  sec.  liJ67.) 

Sec.  1667.  Secretary— duties  of. —  The  secretary  shall  be  a  man 
of  experience,  possessing  the  necessary  general  qualiflcations.  He  shall 
not,  while  secretary,  engage  in  any  other  business,  but  shall  devote  him- 
self exclusively  to  the  duties  of  his  office.  He  shall  keep  a  record  of  the 
proceedings  of  the  board,  which  shall  be  published  within  five  days  after 
each  meeting  in  the  newspapers  doing  the  city  printing.  He  shall  keep 
accurate  accounts  by  double  entry,  of  all  transactions,  shall  have  in  charge 
and  keep  in  order  all  books  and  papers  pertaining  to  his  office.  He  shall 
follow  and  carry  out  the  instructions  of  the  board,  and  shall  keep  the  same 
informed  of  all  matters  relating  to  its  affairs.  He  shall  be  responsible  for 
all  rents  and  other  revenue  of  the  fund  coming  into  his  j)Ossession,  and 
every  day  as  collected,  shall  deposit  the  money  on  hand  in  some  banking  in- 
stitution designated  by  the  board ;  the  said  bank  i*eceiving  the  deposit  ac- 
count of  this  fund  shall  give  bond  in  the  sum  of  fifty  thousand  dollars,  to 
be  approved  as  all  other  bonds,  by  the  board  of  commissioners.  The  secre- 
tary may  retain  in  his  possession  a  sum  not  exceeding  one  hundred  dollars, 
to  pay  claims,  or  to  grant  relief  in  amounts  of  not  more  than  ten  dollars 
each,  and  for  all  such  payments  he  shall  keep  strict  account  and  submit  the 
same  to  the  auditing  committee  for  approval.  He  shall  use  his  best  eudeav* 
ors  to  collect  all  information  needful  for  the  benefit  of  emigrants  and  travel- 
ers, and  to  enable  them  to  find  suitable  locations  for  settlement,  and  work 
and  employment.  He  shall  keep  registered  for  this  purpose,  as  far  as  possi- 
ble, the  names  of  manufacturers,  farmers,  etc.,  who  may  be  in  want  of  hands, 
and  he  is  to  give  emigrants  all  aid,  advice  and  information  free  of  charge. 
(M.  C,  sec.  1568.) 

Sec.  1668.  Assistant  secretary — duties  of. — The  duties  of  the 
assistant  secretary  shall  be  to  assist  the  secretary  in  the  performance  of  his 
duties,  and,  under  the  order  of  the  board,  he  shall  visit  all  the  boats,  trains 
of  cars,  elc,  arriving  with  emigrants  and  travelers,  make  himself  known  to 
them  and  give  them  such  information  on  the  spot  as  they  may  need ;  and 
when  they  need  assistance  he  shall,  under  regulations  to  be  adopted  by  the 
board,  take  them  to  such  place  as  may  be  provided  for  that  jiurpose.  When 
the  emigrants  are  poor  and  in  want  they  shall  be  relieved  under  regulations 
to  be  prescribed  by  the  board,  and  it  shall  be  the  si>ecial  duty  of  the  assistant 
secretary  to  protect  emigrants  and  travelers  from  imjiositions  and  false  in- 
formation attenijited  by  runners,  and  iipon  theii'  departure  this  officer  shall 
f)i'ocure  their  tickets  and  superintend  their  shipment  for  their  point  of  desti- 
nation; but  in  all  this  he  shall  act  as  the  assistant  of  the  secretary  only; 
shall  keep  the  same  fully  informed  and  shall  not  pay  out  money  except  under 
the  instructions  or  at  the  written  order  of  the  president.  The  assistant  sec- 
retary shall  not  be  permitted  to  engage  in  any  otIu>r  business,  nor  to  receive 


AltT    1.]  OF  OFFICERS,    QUALIFICATIONS    AM>    DUTIES.  905 

aiiv  ciimipfiisiitioii  rruiii  ciiii^iraiils.  imr  troiii  iiii|p|(ivfs.  ikpi-  Iruiii  :inv  lidlcl. 
Imariliii;;  lumsi'  or  tmiisiporial  inn  lino,  oi-  Iroiii  persons  (•ii;;a';(Ml  in  anv  other 
linsiness  whatever.     (M.  (".,  see.  l.")t>'.l. ) 

S«'.  166!>.  Poor  t>iiiij;i-anlH — how  provided  for. — In  order  that 
relief  may  be  fnniished  to  poor  eiiii^ii'ants  and  lra\clcrs  roniin>;  (o  SI.  f<uuis 
on  their  \va_v,  hoiia  tide,  to  settle  in  ihe  wi-st.  and  who  may  not  he  aliie  to 
proeeetl  at  onee  to  their  jioint  of  destination,  or  to  lind  cniplipynient.  ihey 
shall  be  provided  for  under  snih  rei;nlat  ions  as  may  he  prescrilpcil  by  the 
board.     I.M.  ().,  .see.  irutt.) 

See.  1(570.  Oflifors — wIht*'  Io«-:it(Ml — Iumifh. — Tin-  officers  of 
the  board  of  eoinmissioiiers  ipf  the  .Miillanpliy  IliMifiiant  Helief  I'^nnd,  and 
that  of  the  seeretary  and  assisiani  seeretary,  shall  be  located  in  som(>  con- 
venient point  ill  the  city,  within  the  following:  limits,  to-wil  :  North  of  ("iiou- 
teaii  avenue,  stuith  of  \\'ashington  avenue  and  east  of  Ei<ihtli  street.  'Phis 
oflice  shall  b«>  ojien  friPiii  nine  o'clock  a.  ni..  to  four  o'clock  ]>.  in.  each  day 
in  tlic  wet'k,  Sumlav  and  the  usual  lejral  holidays  exce[)ted;  and  on  these 
exceptional  days  Ihe  oftico  may  be  open  for  om;  hour,  as  the  lioard  may 
determine  by  its  by  laws.  No  real  estate  or  other  jirivate  business  shall 
l)e  permitted  to  be  carried  (Pii  in  the  oftice.     (  M.  C,  sec.  liiTl.l 

See.  liiTl  Ki'iil  rstatr — how  .sohl  or  h'jiHed. — No  real  estate 
of  the  fund  shall  be  sipIcI  without  express  permission  by  ordinance  of  tlie 
municipal  as.sembly.  No  real  estate  of  the  fund  shall  be  leased  for  a 
loiiiier  |perio<l  of  time  than  ten  years,  renewable  for  two  terms  of  ten  years 
each,  upon  the  value  and  rental  to  be  tixed  by  the  boaril,  with  all  taxes 
exceiptinj;  s]>ecial  taxes  ff>r  public  im]provements,  which  shall  be  ]iaid  by  the 
said  board.  No  member  or  oflicer  of  said  board  shall  be  intereslecl  directly 
or  indirectly  in  tlie  purchase  of  any  pro]>erly  of  said  fund,  or  in  tiie  leasing 
of  any  property  owned  by  said  fund:  anil  no  member  shall  receive  any  com- 
pensation for  his  service  either  directly  ipi-  indireifly.     i  .M.  C.,  sec.  1.572.) 

S"i'.  1(172.  Vacuiu-y — wlicn  (U-ciiumI  to  »>xist. — The  seat  of  .my 
member  ipf  said  board,  who  shall  fail  to  attend  three  siiccessixc  monthly 
meetings  without  yood  and  suftitieni  excuse  for  absence,  shall  lie  deemed 
therel)y  to  be  vacated,  and  the  president  and  secretary  shall  give  imme- 
diate notici'  to  tlie  council  as  soon  as  jiracticable,  of  the  existence  of  such 
vacancv.  and  thereupon  tlie  council  shall  jiroceed  to  fill  it.  iM.  C,  sec. 
l.->7:{.i  ■ 


CHAPTER  2o. 

OK  OFFICERS. 

KT.  I.  Of  thi»lr  appointment,  qunlincatlons  nnd  duties. 

II.  Of  tln-lr  .suspfnslon  und  removal. 

III.  Of  ptiblle  property  In  their  charge. 

IV.  Of  private  watrhmen. 

.\RTICLK  I. 

OF    THEIR    AIM'UINT.MENT.    QTAM  FICATIONS    A.ND    |prTlE.S.' 

•Offlcers  mii»t  personally  devote  time  lo  iluil.s     Cunut       \ri     If    «••■•     is     I'li.irt 
Art.  IV.  sea  11  and  sec  note  thereto. 


906  ItEVISED  CODE  OR  GENERAL  ORDINANCES.  (CHAP.   20. 

See.    1673.     (Qualifications — shall   hold   only  one   office. — 

Every  person  elected  or  appointed  to  an  office  under  the  city  shall  possess 
the  qualifications  enumerated  in  section  ten  of  article  four  of  the  charter, 
as  well  as  such  other  qualifications  as  may  be  prescribed;  and  no  such  per- 
son shall  hold  any  state  office  other  than  notary  public,  or  officer  of  the 
militia,  nor  any  federal  office,     i  il.  C.  sec.  1.574.) 

See  Charter.  Art.  IV,  sec.   10  and  discussion   in  the  note  thereto. 

Sec.  1674.  Commission  required. — >'o  jierson  shall  perform  the 
duties  of  an  office  to  which  he  is  elected  or  apjiointed  nutil  commissioned 
as  hereinafter  provided.     (  M.  C,  sec.  1575.  i 

See  sec.   1679. 

Sec.  1675.  Oath  to  be  taken.  — Every  person  so  elected  or  ap- 
pointed shall,  before  enleriiis;  upon  the  duties  of  his  office,  take  and  sub- 
scribe an  oath  or  affirmation  before  some  judge  or  justice  of  the  peace  or 
the  register,  that  he  possesses  all  the  foregoing  qualifications,  that  he  will 
support  the  constitution  of  the  United  .States  and  of  the  State  of  Missouri 
and  the  charter  and  ordinances  of  the  City  of  St.  Louis,  and  that  he  will 
faithfully  demean  himself  in  office.     (M.  C.,  sec.  1576.) 

S^o  Chart..  Art.  IV.  sec.  43:  al.so  Art.  XVI.  sec.   13. 

Sec.  1676.  Bond  to  be  fjiven. — Every  officer  of  the  corporation, 
when  so  required  by  law  or  ordinance,  shall,  within  fifteen  days  after  his 
election  or  appointment,  and  before  entering  upon  the  discharge  of  the 
duties  of  his  office,  give  bond  to  the  city  in  such  sums  as  shall  be  desig- 
nated by  ordinance,  with  at  least  two  sufficient  securities,  conditioned  for 
the  faithful  i)erformance  of  his  duties  as  such  officer  and  that  he  will  pay 
over  all  moneys  that  belong  to  the  citv  as  provided  by  law.  (!M.  C,  sec. 
1577.) 

All  officers  r(M|uired  to  give  bond;  Cliart..  IV,  sees.   4  and   43. 

See.  1677.  Approval  of  bond. — The  form  of  such  bond  shall  be 
apjiroved  by  the  city  counselor,  or,  in  his  absence  or  inability  to  act,  by 
the  next  ranking  associate  or  assistant  city  counselor,  and  the  sufficiency 
of  the  security  thereon  by  the  mayor  and  council ;  provided,  that  no  person 
shall  l)e  acce])ted  as  security  on  such  bond  who  at  the  time  is  a  member 
of  *he  munici])al  assembly  t)r  an  officer  of  the  city.     (M.  C.  sec.  1578.) 

As  to  approval  see  next  section.  An  officer  may  bring:  mandamus  to  compel 
approval  of  a  bond  where  such  approval  is  unlawfuUy  withheld:  State  ex  rel. 
vs.  Sliannon.  133  Mo.  139.  Approval  by  city  counselor,  where  there  is  no  ordi- 
nance to  that  effect,  is  not  necessarj":      id. 

Sec.  1678.  3Ia.vor  to  approve  official  bomls,  etc. — The  :\Iayor 
shall  ap])rove  the  bonds  of  all  appointed  and  elective  officers;  also  bonds 
of  constables  in  the  city  and  all  other  bonds  to  the  City  of  St.  Louis,  exce])t 
in  such  cases  as  may  be  otherwise  provided  for  by  ordinances  or  charter, 
and  h(>  shall  execute  all  appeal  bonds  and  other  bonds  which,  by  law  or 
ordin:nic(>.  are  required  to  be  executed  by  the  city.     (M.  C,  sec.  15711.) 

.\pproval  of  bonds  of  city  officers:  See  Charter.  Art.  IV.  sec.  4:  also  Rev.  Code, 
sec.  1506:  as  to  appeal  bonds  by  city  see  i*..  Art.  XVI,  sec.  6,  and  note  thereto. 
.•\s  to  bonds  of  constables  see  R.  S.  1899,  sec.  6532  (herein  appearing  under  "Laws 
Specially    Applicable   to  St.   Louis"   as   sec.   197);   also  Scheme,   sec.    15. 

Sec.  1670.  Commission — conditions  of — issue  of. — The  bond 
and  oatii   licrcin  reciiiiied.  when  executed  and  approved,  shall  be  filed  willi 


AKT     1.1  OF    OFP'ICICHS.    Ql'Al.llMrATK  ).\S    ANH    Dl'TIKS.  907 

lli<>  rejiistcr  jiiid  t  li('rc\i]ii>ii  ilu-  i-<';;isici-  slinll  (Iclncr  in  ilic  ihmsoii  cIcctiMl 
or  ;i|i|K>iiit('(l.  I'xci'pl  nu'inlK'rs  ami  (il'lU'crs  of  the  iiiiiiiifi|ial  assciiilil.v.  a 
coniiiiissioii  in  Ilic  iiaiiic  of  ami  si<;n('(l  In'  tlie  mayor,  and  niKlcr  llii'  seal 
of  the  citv.  autliorizinjr  ami  emiiowcriiij;  such  person  to  (liscliar>i('  ilic  duties 
of  the  oft'ice  for  the  tefiii  for  wiiirh  lie  lias  Ihhmi  (declcd  of  ap|)oiriled,  and 
until  his  successof  sliall  have  heeii  duly  elected  of  a|ipoinled  ami  commis- 
sioned.    i.M.  ('.,  sec.  ir)SO.) 

Sec.  1680.  New  boiKl — to  he  jrivoii  when. — Whenevcf  any 
surety  of  any  officer  of  tlie  cilx  shall  die.  remove  from  I  he  city,  or  become 
insolvent,  and  the  mayor  shall  havf  reason  lo  believe  th(>  sureties  on  the 
bond  of  said  oflicers  are  likely  to.  or  have  become  insuflicient,  the  mayor 
shall  re(|uire  such  officer  at  a  time  to  be  appointed,  to  show  cause  why  a 
new  bond  shall  not  be  jjiveii.  and  unless  cause  lie  shown,  the  officer  shall 
be  re(|uired  within  twenty  days  lo  enter  into  a  new  bond,  and  in  default 
thereof,  the  office  shall  be  vacant  and  shall  lie  so  declared  by  the  mayor 
by  pfoclamalion.     iM.  ("..  sec.  l.'Sl.) 

Sec.    1(581.        Foroffoiiij;     serlUm  — 1<»      wlioiii       («»      apply. — 

The  provisions  of  the  next  forefjoing  section  shall  a|)ply  to  all  elective  and 
appointi\e  officers  of  the  city  who  are  by  law  or  oi-dinanee  fe(piired  to  jrive 
an  official  bond  to  the  city,     i  M.  C.  sec.  1582.) 

Sec.  l(;.Sl>.  iioiid  <'x:iiuiiiiii'<r  board  i'stablisli(><l. —  There  is  here- 
by created  and  established  a  board  to  be  Unown  and  called  "the  Hoard  for 
the  I'^xamination  of  Official  liomls."  to  be  coin]iosed  of  the  coni|p|  rollei-.  the 
anilit(U'  and  city  counselor:  and  the  comptroller  shall  lie  |iresicl<Mil  thereof. 
I  M.  <'..  sec.  ].-)S3.) 

* 

Sec.  1683.  Duties  of  boanl.  Ii  is  hereby  made  the  duty  of  said 
hoard,  on  the  first  Mondays  of  .lanu.iry.  Ainil.  .Inly  ami  October  of  each 
year,  to  carefully  examine  all  oflieial  iionils  hehl  by  the  city,  and  as  soon 
as  practicable  after  each  of  smh  examinations,  not  exceedinj;  feu  days  after 
s.iid  first  Mondays,  to  reiiort  in  writiu*;  to  the  mayor,  any  and  all  bonds 
^^■hich  are  not  in  due  form  of  law,  or  of  whose  solvencv  there  is  anv  reason 
able  doubt.     (  M.  P..  sec.  1584.) 

See  lf)84  l)ii(i«'s — iiej^lecl  of.  penally  . — .\ny  failure  or  nej,rlect 
on  the  [lart  of  any  one  of  said  board  to  |ierforni  the  duties  imposed  by  the 
next  two  preceding  sections,  shall  be  a  misileineanor.  and  U]ion  conxiction 
thereof,  the  olVender  shall  be  ]i\inished  by  a  fine  of  not  less  than  twenty  five 
dollars  nor  exceediii}:  five  hundred  (hdlars.     i  M.  C.  sec.  loS."). ) 

Sec.  168.").  Officers — when  to  he  nominated. — On  or  before 
the  third  day  of  the  animal  session  of  the  ninniei]ial  assendily,  in  the  year 
one  thousand  eiLiht  hundred  and  eiirhtyseven,  and  (>very  four  years  there- 
after, the  mayor  shall  nominate  to  the  council  for  conlirination  the  names 
of  suitable  p(>rsons  to  fill  the  several  offices  umler  ilie  city  ;;overnnient 
which  are  required  to  be  filled  by  his  a|i]iointmeiil  and  confiianed  by  the 
council.     I  M.  C.  sec.  iri86.) 

See  pniimprnllon  of  n-rtaln  oflli'<T."i.  ante  spc.  150!»  of  II.  C.  See  for  oftU-tTS  ap- 
polntpd  by  Mayor  iindcT  ordinances.  Index  to  Ri'V.  C.  undiT  "Mayor";  for  ofdoers 
ippolntrd  by  Mayor  under  chartiT  provisions.  Index  to  cliarter.  same  titlf. 

S  •I-.  K'vSt;  ^favor's  approxal  of  ap)»oiidnieid  of  d«'|>uties,  as- 
sistants, «'lerks — their  reiiio\:il.  The  maun-  ^hall  ajipiiiNe  the  ap- 
pointnienf  of  all   the  deputies,  assistants  and  clerks  of  all  city  officers,  as 


908  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.   20. 

are  required  bv  charter  or  ordinance  to  be  so  ajiproved,  before  such  depu- 
ties, assistants  and  clerlvs  shall  be  (jualifled  for  the  positions  for  which  they 
have  been  appointed,  and  for  cause  may  remove  any  deputy,  assistant  or 
clerk  employed  in  any  of  th<'  city  departments.     ( JI.  (_'.,  sec.  1587.) 

The  assistants  of  any  officer  may  be  removed  for  cause  by  the  mayor,  or  by 
the  officer  under  whom  they  work,  at  his  pleasure:  Charter,  Art.  IV,  sec.  14; 
State  ex  rel.  vs.  Longfellow,  93  Mo.  App.  364;  State  ex  rel.  vs.  Longfellow,  95 
Mo.  App.  6e0;  Magner  vs.  S;.  Louis,  179  Mo.  49.5.  498.  As  to  removal  and  suspension 
of  officers  see  next  article. 

In  some  cases  appointments  so  far  as  the  public  are  concerned  may  be  implied 
from  acts  by  the  city:  Kiley  vs.  Forsee,  57  Mo.  390;  and  an  approval  by  the 
mayor   implied:     State   ex   rel.   vs.   Edwards,   136   Mo.   360;   Westberg   vs.   K.   C.  64 

Mo.   493. 

Sec.    1687.     Office — chang^e     of    residence — when   to   vacate. 

— Any  officer  of  the  city  who  shall  leave  the  same,  with  the  intention  of 
residing  thereout,  shall  thereby  vacate  his  office,  and  thereupon  the  pro- 
ceedings provided  in  case  of  vacancy  shall  be  had.     (M.  C,  sec.  1588.) 

All   municipal  officers  must  reside  in   the  city:    Charter,   IV.,   sec.    19. 

Sec    1688.      Leave    of  absence  may  be  granted  by  mayor. 

— The  mayor  may  grant  in  writing  a  temporary  leave  of  absence  to  any 
officer  for  ^  term  not  exceeding  twenty  days,  which  shall  l)e  filed  with  the 
register,  and  any  officer  absenting  liimself  from  the  city  for  the  period  of 
one  week  without  such  leave,  shall  thereby  vacate  his  office,  and  no  officer 
shall  receive  any  salary  during  the  time  he  is  absent  from  the  city  without 
leave.     (M.  C,  "sec.  1589.) 

But  the  salary   deduction   does  not  apply   to   the   mayor:    See  note   to  sec.   1487. 

Sec.  1689.     Office — elective — vacancy  in,  how    filled. — If  any 

vacancy,  otlier  than  by  removal  from  office,  occur,  in  an  elective  office, 
within  six  mouths  from  the  expiration  of  the  time  for  which  its  incumbent 
shall  have  been  elected,  the  council  shall,  except  where  otherwise  provided 
by  ordinance,  by  election  fill  the  vacancy  for  the  unexpired  term,  except  iu 
case  of  the  mayor's  office,  which,  if  it  becomes  vacant  within  six  months 
from  the  expiration  of  the  mayor's  term,  shall  be  filled  by  the  jiresident  of 
the  council,  who  shall  be  ex-officio  and  acting  mayor  for  the  unexpired 
term.     (M.  C,  sec.  1590.)  — .^  f 


See  Charter,  Art.  IV,  sees.  12  and  13,  and  Art.  Ill,  sec.  26,  clause  8,  and  notes 
to  each,  and  see  R.  C.  sec.  1513,  1514,  as  to  removal  of  mayor. 

"An  office  is  vacant  within  legal  intendment,  and  for  all  purposes  of  election 
or  appointment,  as  well  when  the  official  term  of  the  occupant  has  expired,  as 
in  case  of  his  death,  resignation  or  removal":  State  ex  rel.  vs.  Thomas.  102  Mo. 
85,  91,  overruling  State  vs.  Lusk,  IS  Mo.  333.  An  appointee  for  a  designated  term 
who  holds  over  because  of  a  failure  by  the  appointing  power  to  name  a  successor 
is  a  mere  locum  tenens,  removable  at  will;  and  his  successor  when  appointed  only 
holds  for  the  balance  of  the  unexpired  term  reckoning  from  the  time  of  the  ex- 
piration of  the  regular  term  of  the  former  incumbent:  State  vs.  Stonestreet,  99 
Mo.   361. 

Sec.  1690.  Special  election — when  held. — A  vacaucy  occuring 
in  an  elective  office  more  than  six  months  before  the  expiration  of  the 
term  thereof,  shall  be  filled  by  a  special  election,  which  shall  be  immedi- 
ately ordered  by  the  mayor  for  the  purpose,  and  five  days'  public  notice  of 
the  time  and  place  of  holding  any  special  election  sh:ill  be  given.  (M.  C, 
sec.  l.V.il. ) 

Charter,  Art.  Ill,  sec.  26,  clause  eighth,  authorizes  this  ordinance:  State  ex 
rel.  vs.  Thomas.  102  Mo..  85.  89  (upholding  the  validity  of  this  section  as  being 
within  the  charter  powers  of  the  city.)      See  also  note  to  Charter.  Art.  IV,  sec.  13. 


ART.   II.  1  OF  SUSPKNSION   ANI>   RKMOVAI,  OF  OFFICERS.  ;M)9 

.VKTICI.K  II. 

OF  TIIFTR  SrSPENSION   .VNIi    EU:.Mi  A' .\  I ,  • 

StM-.  Klltl.  Oriu'ors — wliJit  coiuliu't  iiii.stlcnu'aiior entailing  re- 
in<>\al.  — Any  ol'ticcf  of  the  city  who  shall  rcl'tisc  or  wiirully  Tail  oi-  iic};;- 
Ict't  to  iH'fform  any  duty  oiijoIiumI  upon  him  liy  law  or  ordinance,  or  .shall 
in  the  discliarjic  of  his  ol'licial  duties  he  Ljuilly  of  any  t'rainl,  cxlorlion,  op- 
|.i-cssii)n.  ta\uril  ism.  iiarliaiilv  oi'  wilful  w  ron^  or  itijusijic.  shall  he 
dt'onu'd  ;;uilty  of  a  inisdcnieanor,  and  shall  lie  removed  fi'oiu  office.  (^M.  O., 
.sec.  l.".!»L'.) 

See  State  ox  rol.  vs.  Walbrldge.  119  Mo.  38.1.  and  note  to  CImrtfr.  Art.  IV.  sec.  5. 

Si  I.  16!)J.  Eloctivi'  ot'fic*'!' — wIm'h  may  ho  sus|m>iuIo(I  by 
iiia.^or.  — -The  mayor  shall  have  power  lo  suspend  from  ofliii'  for  cause 
any  elective  officer  of  the  city,  and  lie  shall  immediately  notify  the  council 
of  such  suspension  and  the  causes  ttiere(d".     i  M.  ('..  sec.  loDS.) 

S<'c.  Kiit;}.  Siispnisioii — Im»\v  «'n'«M't«Ml. — Such  suspension  shall  be 
etfei'ted  by  an  oiilei-  tiled  \>\  ilie  ma\(ir  with  the  register,  accompanii'd  liy  a 
statement  of  the  charjies  ujion  which  the  same  is  founded,  a  coi)y  of  which 
order  and  charjies  shall  lie  immediately  delivered  to  the  officer  su.siiended, 
who  shall  therenpon  cease  to  exercise  any  of  the  duties  of  the  office  from 
which   he  shall   have  been  sns|iended.      iM.  ("..  sec.    1."!I4.| 

Sec.  It)!t4  Vacaii«'>  by  siisi>«'iisioii — bo\\  (ilbMl. — Itniiiedi- 
ately  upon  the  suspension  of  an  ofliier  the  iiiayoi-  sliall  .ippuint  a  person 
to  fill  the  office  for  the  time  beiiiL'.     i  .M.  <'.,  s(>c.   l.")'.i.").  i 

Sec  169.').  Charfjes — tniusiiiissioii  to  council — special  .ses- 
sion.— The  charp'  preferred  as  aforesaiil  shall  be  immediately  laid  by  the 
inayoi-  before  the  council,  if  in  session,  and  if  the  council  is  not  in  session, 
he  shall  by  proclamation,  call  a  s](ecial  session  of  thi'  council,  j^iviii};  not 
less  than  three  days'  notice,  and  statin};  the  object  for  which  the  council  is 
convened,  and  for  the  purposes  of  the  special  session  of  the  council  thus 
convened.  It  sliall  not  be  necessiiry  to  ccuiveiie  the  house  of  dele;;ates.  f^f. 
< '..  sec.  l.")IKi.i 

See  Charter.   Art.    IV.   sec.    6. 

Sec.  1()96.     CoinniittJ'e  of  prosecution  to  be  a|>p«>inte(l. — 

The  council  shall  appoint  a  ciunmiitee  to  iiKpiire  into  the  iiuili  of  ihe 
(•harges,  and  if  the  committee  deem  the  same  well-founded,  they  shall  frame 
and  r(>port  charjjes  ajjainst  the  officer,  and  the  council  shall  .ippoint  a  day 
l"«>r  hearini;  the  same.     (M.  C,  sec.  1597.) 

S'"-.  lt)07.  ("harjjes  anti  notice  to  be  served. — A  copy  of 
the  chai-j;es  ami  specitication,  with  a  notice  of  the  day  set  ff>r  hearin<;  the 
same,  shall  1m»  served  on  the  accuseil  at  least  live  days  before  Ihe  day  of 
hearing.     ( M.  ('.,  sec.  l.")08.) 

Sec.  n;',ts,  rnx-edure  upon  triiil.  ('jton  the  day  set,  the  council 
shall  meet  and  ]<\i" I  :h  icnlitiu'  <<<  its  rules  and  hear  the  evidence  a<;aiust 


•For  Charter  provlalons  on  suaiicnslon  and  removal  of  ofllcers.  ttc.  see  Art. 
III.  sec.  26.  clause  8:  and  e.iperlally  Art.  IV.  sees.  5.  6.  7.  S.  11  and  14  and  notes 
thereto.     See  discussion  and  authorities  In  note  to  Charter.   Art.   IV.  sec.   5. 


910  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.   20. 

and  for  the  accused,  adjourning  from  time  to  time,  as  may  be  necessary, 
until  all  the  evidence  shall  be  given,  and  within  three  days  after  the  evi- 
dence is  closed,  shall  vote  by  yeas  and  nays  upon  each  charge  and  specitica- 
tion  separately.  The  question  ujion  each  charge  shall  be  "Is  the  accused 
guilty?"  If  the  council,  by  a  majority  vote  of  all  the  members  elected  shall 
find  the  accused  guilty  of  any  of  the  charges,  and  shall,  by  resolution, 
sanction  the  action  of  the  mayor  and  resolve  that  the  accu.sed  be  removed 
from  office,  the  suspended  officer  shall  thereby  be  removed  from  office  and 
a  new  election  shall  be  ordered  to  fill  the  vacancy.  But  if  a  majority  dis- 
agree with  the  mayor,  the  accused  shall  be  immediateh'  reinstated,  i  M.  C, 
sec.  1599.) 

Sec.  1699.  Proceed iiifjs  to  be  entered  on  journal. — The  pro- 
ceedings of  the  council  as  aforesaid,  shall  be  entered  at  laiiie  on  the  jour- 
nal.    (M.  C,  sec.  IGOO.) 

Sec.  1700.  Subpoenas — by  whom  issued,  eto. — Subpopuas  may 
be  issued  by  the  president  of  the  council,  and  served  and  returned  by  the 
city  marshal,  and  any  witness  who  shall  neglect  to  obey  such  subijoeuas 
or  appearing,  shall  refuse  to  testify,  may  be  punished  by  imprisonment  or 
fine,  or  both.     (M.  C.  sec.  IfiOl.) 

Sec.  1701.  Depositions— Avhen  may  be  taken,— -Depositious  of 
witnesses  beyond  the  jurisdiction  of  the  council,  or  disabled  by  sickness 
or  other  causes  from  attendance,  may  be  read  on  the  trial,  if  taken  in  con- 
formity to  the  laws  of  the  state;  when  taken  on  behalf  of  the  accused, 
notice  shall  be  served  on  the  city  attorney  or  city  counselor,  if  the  latter  be 
representing  the  prosecution.     ( JI.  C.  sec.  in02.) 

Sec.  1702.      Acensed   and  eity — liow    represented.— Upon    the 

trial,  the  accused  shall  be  entitled  to  be  heard  by  himself  or  counsel  in  his 
defense,  and  the  cit;\-  attorney  shall  prosecute,  on  behalf  of  the  city,  unless 
he  be  the  accused,  in  which  event  the  counselor  shall  prosecute.  (M.  C. 
sec.  l(i()3.) 

Sec.  I70o.  Removal  of  appointive  officer — proceedings  in 
case  of. — ^Vhenever  the  mayor  shall  remove  any  appointed  officer  from 
office,  he  shall  innnediately  notify  the  council  of  such  removal  and  the 
causes  therefor;  and  said  council  shall  fill  the  vacancy  by  electing  a  suit- 
able ])erson  to  fill  the  place.  If  the  council  be  not  in  session,  the  mayor 
shall  temporarily  fill  the  vacancy  and  shall  rejjort  the  fact  of  the  removal 
at  the  next  session  of  the  council.  The  mayor  shall  have  the  same  jiower 
of  removing  an  officer  so  elected  as  if  he  had  been  ajijiointed  by  the  mayor. 
Whenever  the  council  shall  rcnioxc  any  officer  ajijiointed  by  the  mayor,  the 
mayor  shall  fill  the  vacancy  by  aiioilier  person  and  no  confirmation  by  the 
council  shall  be  re(]uired.      iM.  <"..  sec.  1604.) 

See   on    subject   of   removal    of   offioers.    discussion    in   note    under   Cliarrer.    An. 
IV,    sec.    Ti. 

Sec.  1704  Officers — ^^ap|>ointed,  may  be  removed  by  council 
— mayor  fills  vac-ancy — special  session. — .Vll  officers  appointed  by 
the  mayor  shall  be  subject  to  a  removal  by  a  majority  of  the  elected  mem- 
bei's  of  the  council,  and  if  so  removed  the  mayor  shall  fill  the  vacancy  by 
another  iierson  and  no  coiiflrniation  of  the  council  shall  be  reipiired.  When- 
ever the  removal  of  any  officer  by  the  council  be  pro]iosed.  and  the  same  is 


AKi'   III  I  HI'  rrni.ic  propim^tv  in  <  haki;  ;  iii'  (iii'ici:  us.  911 

not  in  sfssioii,  llic  |ii'csi<lciit  ilu'iciir  sliall.  ii]i((ii  a  rcinicst.  in  writin};.  of 
live  of  its  ini'nibcrs,  call  a  scssidii  ilificor  fur  tlie  ronsidi'ration  of  sufli  re- 
moval.     (  M.  <".,  .SOC.  Uitl.").  I 

Set-  Cliartir,   Art.   IV.  m->s.   S   uiul    12. 

Sec    1705.       In   ease   of   sn.spcnsion    no   salary   allowed.. — No 

orfKi'i-  sliall  receive  anv  salary  linriii^  the  lime  lie  is  sns]ientl(Mi  liy  llie 
niavui-.  nor  until  (lie  eonneil  shall  (ieciile  the  ease.     (M.  ('.,  .see.  Kiix;.  i 

In  State  i-x  rel.  vs.  Carr.  3  Mo.  App.  6,  It  was  hold  iimler  this  section  by  tho 
L'ourt  <if  appeals  that  one  suspended  Tor  trial  who  Is  afterwards  aci|ulttcd  may 
recover  the  salar>-  for  the  time  suspended:  but  In  general  It  Is  held  that  one 
legally  suspend»'il  from  ofllce  cannot  recover  compensation  during  the  jierlod  of 
suspension,  whether  afterward  acquitted  or  not;  but.  (until  removed  or  .suspended 
for  cause)  the  salary  Is  an  Incident  to  the  ofllce  and  Is  to  be  paid  an  officer  of 
the  city  whether  or  not  he  neglects  his  duties:  See  on  these  and  similar  points 
note  to  Charter.  .\rt.  XVF.  sec.   17;  also  note  to  ii..   Art.  IV,  sec.  5. 

See  170t).  OlTirtTs — ■■(■ni<>\  ill  «>!',  I>\  coiiiiril — <M»ii<iiti4>ii  of. — 
Whenever  tlie-eonneil  shall,  of  their  own  niotiun.  jiroeeed  to  remove  or  eon- 
sitler  the  removal  of  any  elected  eitv  ol'lie^r.  as  jirovided  in  section  twelve 
of  article  four  of  the  charter,  a  committee  of  the  council  apjiointed  for  tiiat 
[inriHise  shall  frame  and  submit  charjies.  and  the  trial  thereof  sliall  lie  had 
as  |iriivi('cd  in  sections  Hi'.lT.  IH'.IS,  Ki'.l'.l,  I7II1  and  17IIL'.  except  tli;it  iipon 
such  trial  a  two-thirds  vole  of  all  the  members  of  the  cDiiiicil  is  rei|uii('d 
for  tlu'  rcmov;il  of  the  officer,     i  M.  ("..  sec.  I()(l7.i 

.Mrncid:  in. 

oi'  pi-m.i<-  iMti)i-i:i:-rv  i.v  tiikir  cn.vitGE. 

See.    1707.      K  4' (  II  r  II     lists    of    |M-o|K'r(.v    to    be    made. — On 

the  lirst  .Mondays  of  April  and  Ociuiicr  of  I'acii  year  the  several  elected  and 
appointed  officers,  clerks,  ein[>loyes,  and  all  jjersoiis  holding  office  in  the 
corporation  of  the  City  of  St.  Louis,  shall  make  a  full  and  accui-ale  return 
list  of  all  pro](erty  of  whatever  kimi  or  nature  in  their  said  oftice.  or  that 
may  come  into  their  possession,  durinj;  their  term  of  oftice.  or  that  comes 
to  them  in  any  way  after  they  have  become  (|uaiitied  and  taken  charj;e  of 
their  said  oftice:  and  wliicli  return  list  shall  emiuace,  in  tabular  form,  the 
name,  number,  kind  of  article,  for  what  purpose  used,  coinlition  and  full 
description  and  ^reneral  remarks  attaclied  to  each  entry  in  order  to  render 
full  s;ifisfaction  as  re-^ards  the  same.  Said  retiwu  list  shall  embrace  a 
statement  of  all  condemned.  sur|dus  or  refu.se  proiK-rty  that  may  have 
been  h:id  of  rejiorted  during;  the  precedinj^  year  in  the  department  or  office 
:md  the  disposition  m:ide  thereof.      I  .M.  ('..  sec.  KiOS.i 

See.  \'ii^.  Kedirii  list — how  dis|M»s(Ml  of. — .Said  list  when 
fully  completed  sIkiII  be  returned  to  the  ofliee  of  the  comptrcdler,  whose 
duty  it  sliall  Ik',  and  said  officer  is  hereby  re<|uired,  to  provide  a  br»ok  of 
proper  size,  rejiularly  printed,  i-uled.  indexed.  paj;eil,  numlM>red.  indorsed  as 
■•pul>lie  property,  record  number — and  year."  in  which  shall  be  entert'd  and 
written  in  a  lejrible  hand  the  contents  of  each  and  every  list  so  returned, 
;;ivinj:  the  name  of  the  officer  .-mil  his  official  |iosition,  the  date  and  year 
the  return  was  made,  and  such  other  fai'ts  connected  with  the  same  as 
m;iy  be  deemed  uecessarv  jiiid  nf  importanci-.      iM    ('...see,  KiOD.) 


912  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.   20. 

Sec.  1709.     Estimates   for   supplies — when  to  be    made. — 

All  officers  requiriug  .sujiplies  shall,  ou  or  beiore  the  first  oi'  each  month, 
make  an  estimate  of  what  articles  are  required  for  use  in  their  department 
for  the  coming  month,  and  shall  make  but  one  requisition  per  month  for 
any  one  article  needed.     (M.  C,  sec.  ICIO.) 

Sec.    1710.      Property    unfit     for    service — disposition    of. — 

Every  officer  before  making  requisition  for  any  article  needed,  shall  care- 
fully examine  all  the  articles  he  may  have  under  his  charge,  and  if  the 
articles,  such  as  tools,  furniture,  etc.,  are  unfit  for  service,  they  shall  be 
turned  over  to  the  comptroller  on  receipt  of  the  new  articles.  (M.  C,  sec. 
1611.) 

Sec.  1711.  Vehicles  of  city,  liow  marked. — AH  vehicles  be- 
longing to  the  city  shall  have  the  word  "city"  painted  on  each  side  thereof 
in  Roman  letters,  at  least  one  and  one-quarter  inches  long.  In  addition  to 
the  above  the  vehicles  used  by  the  police  department  shall  have  the  letters 
"P.  I);"  those  used  by  the  health  department  shall  have  the  letters  "H.  D ;" 
and  those  used  by  tiie  fire  depai-tment  shall  have  the  letters  "F.  1».'"  painted 
on  each  side  thereof,  and  each  department  shall  number  their  vehicles  con- 
secutively, beginning  with  number  one.     (M.  C,  sec.  I(il2.) 

See.  1712.  Duty  of  officers — having^  vehicles. — It  shall  be  the 
duty  of  every  city  officer  having  vehicles  under  his  charge  to  have  said 
vehicles  marked  in  accordance  with  the  section  next  i)receding.  (M.  C, 
sec.  1613.) 

See.  1713.  8ame — penalty. — Any  person  using,  or  having  in  his 
possession,  or  under  his  control  anj-  vehicle  belonging  to  the  city,  not 
marked  as  required  by  the  next  two  foregoing  sections  of  this  article,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall  be 
fined  not  less  than  twentv-five  nor  more  than  one  hundred  dollars  for  each 
oftense.     (M.  C,  sec.  1614.) 

ARTICLE  IV. 

OF    PRIVATE    WATCHMEN. 

Sec.  1714.  Private  watchmen,  etc. — conditions  of  employ- 
ment. — The  police  commissioners  of  the  City  of  St.  Louis  shall  have  power 
to  regulate  and  license  all  private  watchmen,  private  detectives  and  pri- 
vate policemen,  and  no  person  shall  act  as  private  watchman,  private  de- 
tective or  private  policemen  in  this  city  without  the  written  license  of  the 
president  or  acting  president  of  the  police  board;  provided,  however,  that 
no  charge  shall  be  made  for  the  issue  of  such  license  or  permit;  provided, 
further,  that  in  case  of  the  disability  of  a  licensed  watchman,  a  substitute 
may  be  enqdoyed  without  license,  for  a  term  not  exceeding  one  week.  Every 
violation  of  this  section  shall  be  a  misdemeanor  and  shall  be  punished  by  a 
fine  of  not  less  than  fifty  dollars  nor  more  than  five  hundred  dollars  for 
each  offense.     (M.  C,  sec.  1615.) 


ART.    I.I  .  C)l'"  TIIIC  CtJM.MlSSIUNKHS.  <)13 

CHAPTER  21. 

r-KNAL,  AN'l)  CMIAKIT  \i:l,l-:    INSTITlTIi  ins.   1  >  i;|'A1;T.M1;.NT  OF. 

Alt'r.  I.  Of   thf  ('(iinmisHionfi's, 

II.  Of  foundling!). 

III.  Of  tlu-  Juller. 

IV.  Of  tlU'  worklimisf. 

V.      Of  St.    Iwoiila   Iniltistrlnl  School. 

AUllLl,!':  I. 

I>F  TIIK   CO.MAIISSIONIOKS.* 

Sec.  171.").  AppoiiitiiH'iit  <»f. — The  aiiiioiiitnicnt  of  five  coiniiiissioii- 
crs  on  i-liiirilalili-  iii.-ii  iiui  imis  pruxidcti  for  in  section  two  of  arli<'lc  four  ol' 
tlic  ciiartcr  shall  lie  iiiailc  in  such  a  niaiincr  that  as  far  as  praclicaMc  thcri' 
shall  not  lie  a  majorily  lieloii;iinj;  to  anv  one  religious  sect  or  jiolilical  [larly. 
i.M.  C,  sec.  H)1().| 

Sec.  ITlii.  Koonis  for  iis«>  (»r. — Tlie  mayor  shall  assign  a  suitable 
room  in  the  ciiy  hail  I'oi-  the  use  of  the  commissioners,  in  whiili  tln'v  shall 
meet  at  least  once  in  each  month,      i  M.  ('..  sei'.  KilT.) 

See.  1717.  I'r«'si(l«'ii( — riih'.s.  The  commissioners  shall  elect  Irom 
their  nnmlier  a  presiileiu,  who  shall  Imlil  his  ot'li<-e  dtiriiifi  the  time  for 
which  the  commissioners  an;  aiipoinled.  or  until  iiis  successor  is  elected, 
and  qualitied.  They  may  make  sudi  rules  and  rejiulations  for  the  trans- 
iiction  of  their  hnsiness  as  tliey  may  deem  exjiedient  not  inconsistent  with 
the  charter  anil  ordinances.     (M.  C.  sec.  IfilS.) 

Sec.  171S.  S«M'i-«'t;ir>.  The  assistant  secretary  ol  liie  ninnril  siiall 
act  as  .secretary  of  the  comniissionei's.  and  shall  perform  all  cleiiiai  duties 
necessary  for  the  tran-i.-iiiinti  of  iheii-  linsincss.     (M.  ('..  sec.  ir.i;i.) 

See.  iTl'.t.  GeiuTal  power.s  and  tliities — liiterlVri'iice  with — 
niis(l(>iu(>an<>r. — The  commi.ssioners  on  charilahle  institulions  shall  have 
a  j;eneral  visiiorial  supervision  over  all  penal  and  charitalile  institutions 
sii|iported  wholly  or  in  jiart  liy  (he  city,  and  shall  have  full  authority  at  all 
times  to  inspect  and  examine  the  conditions  of  such  inst  ilu(  ions,  tinancially 
and  otherwise:  to  in(|iiire  and  examine  into  their  methnds  of  instiuctinn, 
and  tlie  government,  treatment  and  nianauement  of  their  inmates;  the  offi- 
cial ciuidiict  of  manafiers,  superintendents,  and  all  other  oflicers  and  em- 
ployes of  the  same;  the  receipts  and  expenditures  of  money;  the  condition 
of  the  liuildin^s,  jirounds.  and  t!i(>  other  projierty  connected  therewith,  and 
into  all  other  matters  |iertainin<i  to  their  usefulness  and  ^ood  nianaizement ; 
and  {■or  these  purposes  they  shall  have  free  access  to  the  uronnds.  Iiuildiiiu's. 
and  all  honks  and  jiajiers  relating;  to  said  institutions,  and  all  persons  now 
or  hereafter  in  .any  manner  connected  witli  the  same  are  hereliy  directed  and 
reipiired  to  give  such  information  and  atVord  such  facilities  for  insjiection 
as  the  .said  commissioners  may  require,  and  any  neglect  or  refusal  on  the 

•For  Chnrtor  provlalonsi  rflntlner  to  rommlsslonora  of  charitable  Instltiitlon.s  soe: 
as  to  appointment  and  term:  Charter.  Art.  IV,  sec.  2;  excepted  from  prohibition 
that  offlcem  cannot  hold  more  than  one  ofOce:  r*..  Art  IV.  sec.  10;  and  from  pro- 
vision that  offlcers  must  devote  whole  time  to  duties:  Art.  IV.  sec.  11:  duties 
and  powers,  and  rlttht  to  remove  appointees:  Art.  IV,  sec.  49.  and  see  note  there- 
to; to  visit  Institutions  monthly,  recommend  ordinances,  receive  no  compensa- 
tion, etc.:    Art.  IV.  sec.  30. 


914  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.   21. 

part  of  any  officer  or  person  connected  with  such  institution  to  comply 
with  the  re(iuirements  of  this  section  shall  be  deemed  a  misdemeanor,  and 
upon  conviction  thereof,  before  either  of  the  police  justices  of  the  City  of 
St.  Louis  shall  subject  the  offender  to  a  penalty  for  each  and  every  refusal 
of  a  sum  equal  to  one-tenth  of  the  amount  annually  paid  such  person  as 
wages  or  salary.     (M.  C,  sec.  1620.) 

See  Charter,  Art.  IV.  sees.  4  9  and  .'iO. 

See.  1720.  Hearingr  in  case  of  removal. — When  in  the  judg- 
ment of  the  commissioners,  it  becomes  necessary  to  exercise  the  power  of 
removal  conferred  by  section  forty-nine  of  article  four  of  the  charter,  be- 
fore any  removal  shall  be  made,  the  person  accused  shall  have  a  full,  open 
and  impartial  hearing  before  the  commissioners.     (M.  C,  sec.  1621.) 

This  section  was  passed  in  furtherance  of  a  clear  and  explicit  delegation  of 
power  to  that  end.  It  is  not  inconsistent  with  the  Charter,  laws  or  constitution. 
Under  it,  and  the  general  law  there  can  be  no  removal  by  the  commissioners  of  a 
superintendent  of  the  poor  house  except  for  cause,  nor  without  notice,  charges 
and  specifications  and  an  opportunity  to  be  heard;  .State  ex  rel.  vs.  Brown,  57 
Mo.  App.  199. 

Sec.  1721.  Duties  of  board — visits  and  report  to  assem- 
bly. — The  said  commissioners  are  hereby  authorized  and  required,  at  least 
once  in  each  month,  and  as  much  ofteuer  as  thej'  may  deem  necessary,  to 
visit  all  the  charitable,  iienal,  reformatory  and  correctional  institutions 
sujiported  wholly  or  in  i)art  by  the  city,  and  ascertain  whether  the  moneys 
appro]iriate<i  for  their  use  are,  or  have  been,  judiciously  and  economically 
ex{)ended ;  whether  the  objects  of  the  several  institutions  are  being  acconi- 
jilislied.  and  the  inmates  humanely  and  properly  treated:  whether  the  laws 
and  ordinances  in  relation  to  them  are  fully  complied  with,  and  the  various 
other  matters  refei'red  to  in  section  1719.  Such  visitations  shall  be  made 
at  irregulai'  intervals,  and  without  previous  notice  or  information  to  any 
of  the  officials  or  enijiloyes  of  the  institutions  visited.  They  shall  report 
in  writing  through  the  mayor,  to  the  municipal  assembly  at  the  opening 
of  each  annual  session  of  the  same,  or  ofteiier  if  they  deem  it  necessary, 
the  result  of  their  investigations,  together  with  such  other  information  and 
recommendations  as  they  may  deem  proper,  and  they  shall  recommend  to 
the  municipal  assembly  such  ordinances  as  they  may  deem  necessary  for 
the  welfare  of  the  persons  under  their  supervision  and  in  the  interests  of 
the  city.     (M.  C,  sec.  1622.) 

Chart.,  Art.  IV.  sec.  50. 

Sec.  1722.  Books  and  blanks  to  be  f urnisheil. — Until  an 
ai)i)ropriation  is  made  for  tliis  i)urpose.  the  comjitroller  shall  furnish  to 
the  said  commissioners  necessary  account  books,  blanks  and  stationery. 
(M.  C,  sec.  1623.) 

Sec.  172:!       (•<)mmissioners  to  appear  l>efore  committees. — 

The  said  coinniissioners,  or  an.\  one  of  tlieiii,  shall  ajiipcai-  befdic  any  com- 
mittee of  either  house  of  the  municipal  assembly  tiiai  may  rci|iiire  llu'ir 
attendance.      (M.  ('.,  sec.  1G24.) 

Sec,  1724.  Incpiiries  to  be  made,  Avlien  api)roi»riations  de- 
sired. — Whenever  any  of  the  institutions  under  Ihe  su|iei\  isioii  of  the 
commissioners  desire  an  aii]U'opriation  for  any  jiui-j.ose  other  than  their 
usual  expen.ses,  they  shall  inquire  carefully  and  fully  into  the  ground  of 
such  want,  the  purjiose  or  jiurposes  for  whicli  it  proposes  to  use  the  same, 
the  amount  which  will  be  required  to  accomplish  the  desired  ])rojcct,  and 


I 


ART    II  1  OF  FOUNDLINGS.  915 

into  aii.v  otiur  matters  connected  therewith,  and  shall  report  to  the  inunici- 
j)al  assoiiililv  the  result  of  such  inquiries,  tofiether  with  their  own  o|>inion8 
and  conclusions  rclaiin<;  to  the  whole  suhject.      (  M.  ('..  sec.   1(11.'.").  I 

Sec.  17_'').  Co  III  ni  i  s  .s  iu  11  V  rs  not  to  hv  iutvvvstvd  in  «"ou- 
trsifts — w  li  <»  iiM'lijjfilile. — No  one  of  said  coiniiiissioiiers  shall  lie  diiect- 
l_v  or  indirectlv  iiitcicsicd  in  aiiv  contract  for  buildinjr.  rejiairinj;  or  fur- 
nishing' aiiv  of  the  iiisiitulions  under  liieir  suiiervisioii.  nor  shall  any  officer 
of  such  institutions  hv  ciii^ible  to  the  oftice  of  coniniissioiicr  herein  created. 
No  money  shall  he  ]>aid  liy  any  city  ofticer.  nor  shall  the  city  he  in  any 
manner  liable  on  any  contract  made  in  violation  of  this  section,  or  in  which 
either  of  said  commissioners  shall,  after  the  niakin<;  thereof,  become  direct- 
ly or  indirectly  interested,  and  any  commissioner  violatin<;  the  i>rovision8 
of  this  section  shall  thereby  vacate  his  ofliee.     i  M.  C,  sec.  ICJC.  i 

St'O  Charter.  .\rt.   IV,  sec.   10  and  notes. 

Sec.  17JG.      Failure   to   attend   ni«'«'<inji:.«<,    how   tr<'a(<'«I. — The 

failure  on  the  part  Of  any  commissioner  apjiointed  under  this  chapter  to 
attend  any  tliree  successive  re}rular  meetiiif;s  duriuf;  any  calendar  year,  ex- 
cept in  case  of  sickness  or  absence  from  the  city,  may  be  treated  by  the 
mayor  as  a  resij;nation  of  such  non-attendinji  comiiiissioner  and  the  va- 
cnncy  be  tilled.  The  annual  reports  of  the  commissitnier  shall  give  the 
names  of  each  commissioner  present  at  each  of  the  regular  meetings.  (M. 
C.  sec.  I<i27.) 

See.  1727.  ('onijKMisaf  ion  not  allowed. — The  conimissioners  shall 
receive  no  coinpensaiiini  for  their  liiiie  or  sei\  ices,  but  the  actual  e.\|K'iises 
of  each  while  engaged  in  the  performance  of  the  duties  of  tlieir  oftice.  and 
any  actual  outlay  re(|uired  in  e.vaminations  or  investigations  on  Ixyng  made 
out  and  certified  to  by  a  majority  of  the  commissioners  at  a  regular  meet- 
I'ng.  if  approved  by  the  mayor,  shall  be  paid  out  of  a  fund  api)ropriated  for 
that  purjjose.     ( M.  C,  .sec.  10)28.) 

Ctiarter  IV.  sec.  50. 

ARTICLE  ir. 

OF   FOUNDLINO."*. 

Sec.  172S.  iMiiyor  may  «'onfra«'l  lor  <ar«'  <»!  roiin(IIin<;.s. — 
[That]  tlie  mayor  |  Ix-  and  lie|  is  hei-eby  auiliori/.eil  to  contract  with  Ueth- 
estht,  St.  Anne's  Widows'  Home.  Infant  .\sylum  and  Lying  in  llosjdlal.  and 
in  ea.se  of  colored  children  with  Sr.  I.,onis  Tolored  Ori>hans'  Home,  at  a  rate 
not  exceeding  twelve  dollars  |ier  month  jier  head  for  those  foundlings 
which  may  hereafter  he  admitt(>d  under  permit  of  the  mayor,  smdi  conipen- 
saiion  to  Im>  in  full  foi-  every  rharge  of  every  nature  for  the  clothing,  lodg- 
ing, care,  medical  alfendaiire  and  maintenance  of  the  child.  lOrd.  I.'>!11(!7, 
ord.  18084  ami  ord.  13525.) 

Ord.  13523  makes  provision  for  St.  Anne's  Widow's  Home  and  Infant  Asylum 
and  I>yln(f-ln  Hospital:  ord.  1S06T  (which  Is  the  only  one  of  these  three  referred 
lo  In  Mun.  Code,  being  sec.  1629  thereof)  provides  for  Bethesda  Home,  and  ord. 
IS084  for  St.  I.«uU  Colored  Orphans'  Home  (for  colored  foundllnfcs).  In  as  much 
as  the  provisions  for  terms,  supervision,  etc..  as  per  next  three  sections.  In  each 
of  these  ordinances  are  Identical,  they  arc  all  Included  In  the  same  sections. 

See.  172!t.  (Iiililmi  llirrr  >f.ii'^  or  iimler  oiil>  iiifliHled — 
contracts   m;n    \u-    .ihrog-.itfd.       .Noihjiig    hei-.^n    .•oniained    shall    ap- 


i 


916  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  21. 

ply  to  any  child  over  the  age  of  three  years.     And  provided  further  that 
the  contract  may  at  any  time  be  abrogated  by  an  ordinance,     {lb.} 

Sec.  1730.  City  g'iven  .suporvisioii  of  foundliiifjs. — All  found- 
lings admitted  to  said  institution  under  tlie  terms  of  this  article  and  said 
contract  shall  be  subject  to  the  supervision  and  administration  of  the 
mayor,  or  of  any  officer  of  the  city  government  by  him  designated  for  the 
purpose,  and  the  mayor  and  commissioners  on  charitable  institutions  of 
the  City  of  St.  Louis  shall  have  a  general  visitorial  supervision  over  said 
institution  during  the  existence  of  the  contract  herein  specified,  and  this 
article  shall  be  set  forth  in  full  in  said  contract.     (Ih.) 

Sec.  1731.  Pay  for  foiiiidling^s  cease.s  when  child  is  three 
years  old — legal  api>r<>i>riatioii  required. — No  money  shall  be  pay- 
able under  said  contract  for  any  fouiidliug  after  the  same  shall  have  ar- 
rived at  the  age  of  three  years;  jirovided,  that  no  contract  shall  be  made 
or  entered  into  by  the  mayor  until  the  money  necessary  to  pay  for  the  main- 
tenance and  support  of  said  foundlings  shall  be  set  apart  and  appropriated, 
as  required  by  the  charter  of  the  city.     {Ih.) 


ARTICLE  in. 

OF  .TAILER. 

Sec.  1732.  Jailer — office  of  created — qualifleatioiis. — There 
is  hereby  established  the  office  of  jailer  of  the  City  of  St.  Louis.  Said  jailer 
to  be  appointed  by  the  mayor  and  approved  by  the  council,  and  to  hold  his 
office  for  four  years,  and  until  his  successor  is  ajjpointed  and  duly  (|uali- 
fied.  No  person  siiall  be  appointed  to  the  office  of  jailer  who  is  not  a  citi- 
zen of  the  United  States,  and  who  has  not  been  a  resident  of  this  city  for 
at  least  two  years  previous  to  his.  appointment.     (M.  C,  sec.  1633.) 

Sec.    1733.      Jailer — his    superintendence    and    authority. — 

The  jailer  shall  have  under  his  control  and  sujierintendence.  the  jail,  deputy 
jailer  and  guards,  and  shall,  with  the  advice  and  consent  of  the  mayor,  jjre- 
scribe  all  needful  and  proper  rules  and  regulations  for  the  government 
and  management  thereof,  and  the  treatment  of  the  persons  therein  confined, 
not  inconsistent  with  the  provisions  of  the  general  laws  of  the  state  or 
charter  of  the  city  concerning  jails  and  jailers.     (M.  C,  sec.  1634.) 

See.  1734.  Jailer— requisition  of,  for  supplies.— The  commis- 
sioner of  supplies,  shall,  upon  the  rerpiisition  of  the  jailer,  to  be  approved 
by  the  mayor  and  comptroller,  supply  all  necessaries  for  the  jail,  either 
in  the  way"  of  food,  clothing,  medicine,  liedding,  fuel,  [or]  lights,  and  all 
other  necessaries  for  the  care,  confinement  and  treatment  of  ])risoners,  and 
the  proi)er  management  and  conduct  of  the  jail.    (  M.  C,  .sec.  Iti35.) 

Sec.  1735.  Jailer— quarters  an«l  hours  of.— The  mayor  shall 
cause  quarters  to  be  assigned  to  Hie  jailer  in  the  building  or  square  uprth 
which  the  jail  is  located,  and  it  shall  be  the  duty  of  said  jailer,  or  his  dc])- 
uty  to  be  on  hand  during  the  day  and  night  to  enforce  all  rules  and  regula- 
tions in  relation  to  the  confinement  of  prisoners  and  all  other  needful  meas- 
ures that  may  be  necessary  to  prevent  any  infringement  of  the  rules.  (M. 
C,  sec.  1636.) 


ART.  III.)  OF  JAII.RR.  917 

Sec.  173(>.  »lailer — Ixnul  iiiid  coniiK'nsation. — The  jniler  shall 
give  bond  to  the  ("itv  of  St.  Loiii.s  in  Ilie  .sum  of  ten  thonsand  dollar.s,  with 
not  less  than  three  <;ood  and  snfticienl  securities,  who  siiali  lie  owners  of 
uuini'nnil)ercd  real  estate  in  the  City  of  St.  Louis,  to  be  approved  by  the 
mayor  and  eouueil,  for  the  faithful  performance  of  his  duties;  said  bond 
shall  be  tiled  in  the  register's  office.  The  jailer  shall  receive  as  compensa- 
tion for  his  services  the  sum  of  tiftcrn  hundred  dollars  per  annum,  payable 
monthly.      i.M.  (\.  sec.   ll"..'!?..) 

Si.'.  17o7.  Deputy,  ;;uar<ls  aiul  <'o«»ks — coiniu'iisatioii — 
«ll.scharH:o, — The  jailer  shall  appoint,  by  and  \\illi  the  ajiproval  of  the 
mayor,  a  dei)Uty,  wlio  shall  be  the  bookkeeper  of  the  jail,  and  possess  the 
same  power  as  the  jailer,  and  shall  receive  a  salary  at  the  rate  of  one 
thousand  dollars  |ier  annum,  jiayable  monthly.  The  jailer  shall  also  ap- 
point by  and  with  the  ap]iroval  of  the  mayor  (int>  clerk,  who  shall  receive 
a  salary  at  the  rale  of  six  hundred  dollars  per  annum,  payable  montlily. 
The  jailer  shall  also  appoint,  by  and  with  the  api)roval  of  the  mayor,  the 
following  guards,  whose  compensation  shall  be  as  follows,  viz.:  twenty- 
four  guards,  three  of  whom  shall  be  women,  so  that  the  women  in  the  jail 
shall  be  all  the  twenty-four  hours  continuously  under  the  care  of  a  woman 
guard.  Said  guards  shall  be  ]iaid  at  the  rate  of  seven  hundred  and  twenty 
dollars  each  |i<'r  annum,  ami  also  one  chief  cook,  one  tirst  assistant  cook, 
twi)  second  assistant  cooks  whose  compensation  shall  he  as  foUow's:  chief 
cook  at  the  rate  of  six  hundred  dollars  jier  anntim ;  one  first  assistant  cook, 
at  the  rate  of  four  hundred  and  eighty  dollars  ju-r  annum;  two  second  as- 
sistant cook.s,  who  shall  each  receive  a  salary  at  the  rate  of  three  hundred 
an<l  sixty  dollars  jier  annum,  all  of  which  shall  be  paid  monthly  upon  i)ay- 
rolls  certified  to  the  auditor  by  the  jailer.  Any  of  the  ajijtointees  under 
this  section  nuiy  b(>  discharged  at  the  pleasure  of  the  jailer,  with  the  ap- 
proval of  the  mayor.     iM.  ('..  sec.  1638.) 

Sec.  1738.  Hoiuls  to  !>«'  g:i\('ii. — The  deputy  jaihr  shall  give 
bond  to  the  City  of  St.  Louis  in  the  sum  of  five  thousand  dollars,  and  the 
guanls  shall  each  give  bonil  to  said  city  in  the  sum  of  two  thousand  dol- 
lars, with  two  or  more  securities,  who  shall  be  the  owners  of  uninciunbered 
real  estate  in  the  ("ily  of  St.  Louis,  to  be  approved  l)y  the  mayor  and  I'oun- 
lil,  for  the  faithful  performance  of  their  duties.     (M.  C,  sec.  It!.?!).) 

See.  17:{"J.  .1  a  i  I  (' r — diitirs  <»f. — The  jailer  appointed  under  this 
i-hapler  shall  do  and  perform  all  the  acts  and  duties  heretofore  discharged 
by  Ihe  jailer  of  Si.  Louis  ('ounty.  lie  shall  be  res](onsible  for  the  manage- 
ment of  Ihe  jail,  the  care  and  custody  of  all  [trisoners  and  |)ro]>erty,  and 
any  colleitions  of  money  made  by  him  shall  be  deposited  in  the  city  treas 
ury,  taking  triplicate  receijits  therefi)r,  one  of  which  shall  !)<•  tiled  wiih  ihe 
auditor  and  one  with  tlie  compti'oller.     i  >L  (;,,  .sec.  l(i-t().| 

Sec.  1740.  Jail — location  of.— The  building  erected  by  the  late 
Counly  <"ourt  of  St.  Lotiis  ('ouiii\,  on  ("lark  avenue.  lOleventh.  Twelfth  and 
Spruce  slre<"t,  anil  known  and  designated  as  the  I'our  Courts,  is  the  build- 
ing wherein  shall  be  esiablishe<i  and  kx-ated  the  jail  of  Ihe  C'ity  of  St. 
I.i>uis.      I  M.  ('.,  sec.  1041.) 

See.  1741.  (  liililrcii  liow  (-ontincil. — Hereafter  all  children  uuder 
the  age  of  lifieeTi  \e:irs  luiiijiieii  in  ihe  jail  and  in  the  calaboose  sliall  be 
kept  .separate  and  ajiart  from  the  other  inmates  of  said  institution.  (M.  C, 
sec.   KU'J.I 


918  ni':visED  code  or  general  ordinances.  ichap.  :;i. 

ARTICLE  IV. 

OF  THE  \YORKHOUSE.' 

Sec.  1742.  Ij«esiti(>ii  of  workhouse. — The  houses,  inelosures  and 
fixtures  erected  on  that  portion  of  tlie  iioi-theast  quarter  of  block  number 
eighty-five  in  the  city  couunons  wliicii  lies  between  Jerterson  avenue  and 
the  macadamized  Carondelet  road  [now  corner  Broadway  and  Meramec 
streets]  be,  and  they  are  hereby  declai-ed  to  be  the  workhouse  of  the  City 
of  St.  Louis,  and  shall  be  so  known  and  designated.     (M.  C,  sec.  J(J43.) 

Sec.  1743.  Duties  of  siiperiiiteiulent  enumerated. — The  super- 
intendent of  the  workhouse  shall  have  the  control  and  management  of  said 
workhouse,  and  it  shall  be  his  duty:  First — To  see  that  all  laws  and  ordi- 
nances relating  to  said  workhouse  are  fully  and  faithfully  enforced.  Second 
— To  exercise  a  general  supervision  over  the  officers  and  employes  con- 
nected with  the  workhouse  antl  the  management  thereof.  Third — To  ))re- 
scribe  the  kind  of  labor  at  which  and  the  place  where  all  the  prisoners  in 
the  woi'khouse  shall  be  employed.  Fourth — To  establish  sm  h  rules  and 
regulations  generally  for  the  government  and  management  of  the  work- 
house as  he  may  deem  proper,  not  contrary  to  or  inconsistent  with  the  jji'o- 
visions  of  this  chapter,  and  to  cause  the  same  to  be  printed  and  posted  in 
each  and  every  department  of  the  workhouse.  Fifth — To  reside  in  the  tene- 
ment erected  for  his  residence  within  the  workliouse  iuclosure,  and  to  have 
the  cai'e  and  custody  of  the  workhouse  and  the  grounds,  inelosures,  fixtures, 
appurtenances  and  tools,  and  all  ])roperty  pertaining  thereto,  and  of  all 
per.sons  pertaining  thereto,  and  of  all  persons  confined  therein,  and  daily  to 
visit  all  departments  thereof  and  see  if  the  same  is  properly  cleaned  and 
in  good  order.  Sixth — To  attend  to  the  management  of  the  prisoners  and 
guards;  to  see  personally  that  the  prisoners  are  employed  at  the  places 
and  the  work  directed  by  the  board  of  public  imi>rovenients;  to  see  per- 
sonally that  the  guards  do  their  duty;  to  attend  to  the  safe-keejiing  of  the 
prisoners;  to  see  that  the  prisoners  are  projierly  lodged  and  fed.  and  to 
report  to  the  mayor  at  the  end  of  each  month  the  amount  and  descrijition 
of  work  done  by  the  prisoners,  the  amount  of  the  stock  on  hand  jiroduced 
by  their  labor,  the  amount  produced  during  the  month  and  the  amount 
sold  during  the  month ;  the  condition  of  the  property  of  the  city  connected 
with  the  workhouse  and  such  other  facts  as  may  be  required.  Seventh — To 
deliver  to  his  successor  in  office  all  prisoners  confined  in  the  workhouse 
and  all  property  of  the  city  connected  therewith.     (M.  C,  sec,  1644.) 


*See  Charter,  Art.  I.  .sec.  1;  Art.  III.  sec.  26,  clause  third;  but  special  authority 
is  found  in  Art,  III,  sec.  26.  clause  tenth:  see  also  authorities  and  discussion  in 
note  to  R,  C.  sec,  1265.  treating:  of  police  courts,  punishments  and  penalties,  pro- 
visions applicable  to  workhouse,  etc.,  to  which  may  be  added  Ulrich  vs.  St.  Louis. 
112  Mo,  13S.  144:  "The  city  defendant  in  conducting  its  wor.vhouse  cannot  be  re- 
garded as  doing  so  as  a  means  of  profit  or  private  municipal  gain  or  revenue. 
It  is  obvious  beyond  question  that  the  workhouse  in  tliis  case  was  erected  and 
conducted  for  the  public  good,  and  imprisonment  therein  was  only  the  legitimate 
exercise  of  suitable  police  regulations  such  as  the  city  undoubtedly  had  the  power 
to  enact."  Hence  it  was  held  that  the  city  "was  not  liable  for  alleged  negligence 
of  the  superintendent. 

i^ersons  under  certain  age  may  l.>e  sent  to  tltc  House  of  Refuge  (now  called 
St.  Louis  Industrial  School)  instead  of  the  workhouse:  see  references  in  note  to 
next  article  of  this  chapter. 

By  the  Charter.  Art.  VI.  sec,  1  (paragraph  on  "Construction^ — Culvert.s — Par- 
tial Grading."  etc)  there  is  a  proviso  that  such  work  may  be  done  by  the  city 
"by   the   labor  of  prisoners  at    the   workhouse." 


i 


AHT.    I  v.]  OF  THK    WORKHOUSE.  919 

Sic.  1744.  K  e  (• «»  r  <I  of  prisoiuTs  t<>  be  kept. — The  sajxTiu- 
tfiidt'iit  shall  also  ri'i-oive  all  persons  i-oiiiuiitti'd  lo  Ilic  worklionso  l>y  the 
luarslial  and  register  iu  a  book,  to  be  kept  for  that  i)urpose,  the  name,  ajje, 
height,  color,  place  of  birth  of  each  prisoner  received,  and  such  other  facts 
as  ina.v  lie  necessary,  and  the  uuinber  of  times  said  jirisoner  has  been  com- 
mitted.    I  .M.  C.  see.  Itj4.").) 

Sec.     1743.     At'coimt     of     «iii.vs    \\«>rk«Ml    aiul    prisoiierH. — He 

shall  also  ktH'p  an  acciirale  accouiil  of  days  worked  li\  each  jUMsoner.  and 
also  keep  a  daily  account  of  the  nuinbci-  ol'  |)risoncrs  on  hand  and  the  work 
at  wliicli  llifv    li:i\f  IircM  fni]iloyed.      i.M.  <'..  sec.   KIKI.i 

.•^ci-.    I74t>.     'r«'riiiina<ion    of    «-oiifiii«'iiuMit    (o    he    noted. — The 

superintendent  shall  note  when  the  time  nf  any  prisoner  is  out.  or  he  ia 
otherwise  legally  entitled  to  his  discharge,  upon  his  books.  (M.  ("..  sec. 
ItltT.) 

Sec.  1747.  li<)oks  to  he  kept  hy  superiiiteiulent. — Tli<-  super- 
intendent shall  ha\e  ]irepared  and  kepi  iu  his  ollice  a  set  of  books,  iu 
which  shall  be  entered  all  receipts  and  expenditures  ou  account  of  the 
woi-khoiise.  and  all  clothing,  tools,  provisions  and  other  articles  procured 
l<ir  the  same,  and  he  shall  report  to  the  comptroller,  at  the  end  of  each 
month,  a  detailed  statement  of  all  such  receipts  and  expenditures.  (.M.  C, 
sec.  WAS.) 

Sec.   174S.     .>lonthly    rcMiuisition.s    for    .supi>lies    to   he    made. 

—  It  shall  further  be  the  dtity  of  the  superintendent  of  the  workhouse  to 
prepare  and  sidimit  at  the  end  of  each  month  to  the  commissioner  of  sup- 
|(lies  a  full  and  detailed  requisition  of  the  necessary  suiijilies  foi-  tiie  work- 
house, such  as  provisions,  clothing,  tools,  provender  for  horses,  and  such 
other  articles  as  may  be  reiiuired  for  the  use  of  said  institution  for  the 
next  ensuing  nioiiili.     (  M.  C,  sec.  1649.) 

See.  17411.  S  II  !> «' r  V  i  s  i  o  II  of  food  aixl  apartiiieiits — otiier 
duties. — The  su]ierinteinlent  shall  also  supervise  the  cooking  and  pro- 
Miliiig  of  meals  for  the  prisoners,  and  see  that  they  hav(>  sufliciently  good 
and  wholesome  food,  and  that  their  sleeping  apartments  are  jtroperly 
cleaned  and  ventilated,  and  to  attend  to  all  other  duties  that  may  be  re- 
•quired  of  hiiu  by  the  board  of  public  improvements.     (M.  C,  see.  l(jr)0.) 

Seo  post  R.  C.  see.  176S. 

See.  I7.'itl.     Food  to  he   providi'd    for   g^uards    and    <'iiipIoyes. 

—  The  superintendent  shall  pro\  ide  suitable  food  for  the  guar(ls  and  etii 
ployes  of  said  workhouse,  and  the  requisitions  for  said  food  shall  he  mnde 
in  the  sjune  nuinner  as  prescribed  in  section  174S,  but  sejiarate  accounts 
shall  Im'  kept  by  the  commissioner  of  su(ii)lies  aii<l  superintendent  of  work- 
house of  the  supjdies  rurnished  under  this  secticui.  but  no  comiiensation 
therefor  shall  be  allowed  the  said  superintendent  or  other  ofticer  of  said 
institution  other  than  their  lawful  salaries.     (M.  C.  see.  Ifi.ll.) 

See.    17.')1.      Ke«"ord    lo    he    made    in    casi's     of    commitment. 

—  \Vht»never  the  marshal  shall  commit  any  person  to  the  woi-khou.se.  lie 
shall  indorse  upon  the  execution  the  amount  of  money  or  other  projierty 
that  he  may  have  in  his  hands,  belonging  to  such  prisoner,  and  shall  d<' 
liver  lo  the  sajHirintendent   a  i"p\   ..f  il xeiution  under  which  the  coue 


920  REVISED  CODE  OR  GEINERAL  ORDINANCES.  [CHAP.   21. 

mitnieiil  takes  place,  and  the  iiHloiseinciit  tliereoii.  and  the  superintendent 
shall  indorse  a  receipt  lor  the  prisoner  on  the  execution  held  by  the  mar- 
shal. The  suj}erintendent  shall  then  enter  in  a  book  the  executions  and 
indorsements  thereon,  and  the  number  of  days'  labor  which  the  prisoner 
must  give  to  discharge  the  execution  aud  costs,  with  the  costs  of  boarding 
added,  at  the  rate  of  thirty  cents  per  day.     (M.  C,  sec.  1G52.) 

Sec.     1752      I)isi)<)siti<)ii  of  eliVcts  «f  jn-isontTS. — Upon  receipt 
of  any  prisoner  the  su[ieriuteiident  shall  divest  him  of  all  articles  of  value^ 
and  all  unnecessary  wearing  apjiarel,  and  all  such  articles  shall  be  regis 
tered  in  a  book  and  returned  to  the  owner  upon  his  being  discharged.     (M. 
C,  sec.  1638.) 

Sec.  1753.  Eiiiployineut  <>f  i)risoners. — The  superintendent  shall 
keep  all  prisoners  committed  to  the  workhouse  emjdoyed  at  such  useful  and 
profitable  labor  as  their  health  and  strength  will  i)ermit,  ten  hours  each 
day;  but  no  prisoner  shall  be  required  to  work  before  sunrise  or  after  sun- 
set, except  in  extraordinary  cases,  and  then  he  shall  be  allowed  extra  pay 
at  the  rate  of  fifteen  cents  per  hour.     (M.  C,  sec.  1G54.) 

See  Charter,  clause  10  o£  sec.  26  of  Art.  III.  The  city  has  no  authority  under 
the  charter  to  let  the  prisoners  by  contract  to  a  private  party  to  be  worked  by 
him  for  a  consideration  to  be  paid  the  city;  but  neither  is  such  action  expressly 
prohibited;  hence  if  such  contract  be  in  fact  made  the  city  can  recover  for  work 
done  by  tlie  prisoners,  and  the  contractor  is  estopped,  after  deriving  benefits  un- 
der his  contract,  from  setting  up  its  invalidity:  St.  Louis  vs.  Davidson,  102 
Mo.   149. 

B.v  Charter,  Art.  VI,  sec.  1,  end  of  paragraph  on  Construction,  Culverts,  Par- 
tial Grading,  it  is  provided  that  the  city  may  do  such  work  "by  the  labor  of 
prisoners  at  the  workhouse." 

Sec.  1754.  Siiper  intend  en  t — receipt  to  be  talcen  b.v  for 
bills. — Whenever  the  superintendent  shall  deliver  any  bill  to  the  collector 
for  collection,  for  work  done  by  the  jirisoners  or  material  sold  from  the 
workliou.se.  he  shall  take  triplicate  receipts  from  the  collector,  one  of  which 
he  shall  tile  in  the  office  of  the  com]»troller,  one  in  the  office  of  the  auditor, 
and  one  shall  be  filed  in  the  office  at  the  workhouse;  said  receipts  shall 
specify  the  name  of  the  jiarty  indebted  to  the  city,  the  amount  due,  the 
chai-acter  of  the  work  done  or  materials  furnished,  and  the  date  of  contract. 
IM.  n.,  sec.  1657.) 

Sec.  1755.  Daily  aeconnts  of  prisoner.s  and  Avork — bills — 
accounts  of  .superintendent — auditinff. — The  suiieriuteiident  shall 
cause  to  be  kejit  in  jiroper  books,  a  daily  account  of  the  number  of  prisoners 
on  hand,  and  the  work  at  which  they  have  been  employed.  All  bills  against 
said  woi'khou.se  shall  be  signed  by  the  superintendent;  and  his  accounts  so 
certified  shall  be  audited  by  the  auditor,  in  the  same  way  other  accounts 
are  audited,  and  he  shall  draw  his  warrant  on  the  treasurer  for  such 
amounts,  payable  out  of  the  ajJiiroju-iation  for  the  workhouse.  (  M.  C, 
sec.  1658.) 

Sec.  1756.  Treatment  of  disorderly  prisoners. — Any  person  who 
shall  refuse  to  work,  or  who  shall  behave  in  a  riotous  or  disorderly  manner, 
or  shall  resist  or  attemjit  to  escajjc  from  the  woi'khouse,  may  be  committed 
to  close  and  solitary  confinement,  and  may  be  fed  on  bread  and  water  until 
he  consents  to  perform  his  duty;  and  may,  if  necessary,  be  put  in  irons;  but 
the  mayor  shall  have  power  to  control  the  superintendent  in  the  extent  and 
manner  of  punishment.     (M.  C,  sec.  1659.) 

"That  the  city  may  make  reasonable  rules  of  discipline  for  the  government  of 


AKT.    IV.  I  OF   TllK    WORKHOUSE.  921 

the  Inmnti-a  of  the  workhouse  Is  beyond  nuostlon.  Ulrloh  vs.  St.  I»uls,  112  Mo. 
13S,  A  rule  of  discipline  re<iulrins  the  prisoners  In  that  Institution  to  labor.  Is  a 
reasonable  rule  both  for  discipline  und  for  sanitary  reasons":  Bland,  P.  J.  In  St. 
IauiIs  vs.   Kair.   *<•',  M.i.    .\pi>,   t'.l::. 

Sff.  1757.  N  «)  J  i  «•  r  to  In-  };ivi'ii  oT  t'srapos. — Wli.n.vir  any 
lirisoniM-  shall  t'scapc  I'l-oiii  the  workhtmso  ilic  suiicriiitcndcnt  shall  imnie- 
(iiati'ly  notify  tlu'  mayor  and  the  chifr  of  [lolicc  ihcrcol"  and  shall  furnish 
the  lalti-r  with  a  dcscriplion  of  the  fujjilive.  and  a  statciiKMit  of  the  man- 
nor  of  fs»a|n>.  and  if  he  fails  so  to  do  williin  twenty  four  hours  after  sinh 
esca|ie,  he  shall  lie  liahle  for  the  amount  of  lines  and  eosts  <lue  from  such 
prisoner.      i.M.  ( '..  se<-.    liKitl.) 

Sec.  175S.  I"rii:ilt\  I'or  «'s«'a|>«'s.  .\iiy  |iiisi>iiei'  cscaiiiiij,'  from  ilie 
workhouse  shall  forfeit  the  time  he  may  have  lahored  ihei'ein:  and.  upon 
belli};  retaken,  shall  work  out  tlie  whole  amount  for  whiili  he  was  orifjinally 
eoinmilted,  and  the  eost  of  lioardiii};  fm-  ilir  whole  time,     i  M.  (\,  see.  1(!(J1,) 

The  validity  of  this  section  in  thus  lent;thenln)<  the  original  terin  without  a 
trial  and  conviction  Is  by   no  means  clear. 

See.  175!I.      I'rixMU'r.n — foriVitiiros    iiiid    <  r«Mli(M. — Any    iirisoner 

who  may  be  plaeetl  in  solitary  conlinemeiit.  or  may  refuse  to  perform  his 
ta.sk,  shall  not  be  allowed  a  eredit  for  the  time  of  such  coufinemeut  or  re- 
fusal: and  the  cost  of  his  boartIin<;  duriii};  the  time  of  such  confinement  or 
refusal  sh;ill  be  added  to  the  amount  for  which  he  was  committed;  and 
worked  out  by  liim.  If  any  ]irisoner  shall  be  sick  and  unable  to  work,  he 
shall  be  allowed  his  lime  as  ihoiiuh  he  had  worked,  but  the  amount  of  his 
board  shall  be  cliarj;ed  to  him.  If  the  weather  should  be  so  inclement  that 
the  prisoners  cannot  work,  those  who  cannot  be  kept  at  work  for  that  rea- 
son shall,  nevertheless,  be  allowed  a  credit  as  though  they  had  woi-ked.  I)ut 
their  board  for  such  time  shall  be  charj;ed  to  them,     i  .M.  «'..  si'c   jtiiiL'.  i 

This  section  In  effect  confers  upon  the  superintendent  of  the  workhouse  the 
pf»wer.  under  the  i^ulse  of  enforcing  a  rule  of  discipline,  to  judicially  convict,  sen- 
tence and  contlni*  a  prisoner  In  that  Institution  beyond  the  niaxinium  period  of  six 
months,  prescribed  by  the  Charter  (Art.  Ill,  sec.  26,  clause  10);  and  so  much 
thereof  as  authorizes  the  superintendent  to  not  anow  credit  for  any  days  of  serv- 
ice In  the  workhouse  against  the  time  of  imprisonment  for  which  the  offender 
was  convicted,  violates  the  Charter,  and  section  iv  of  lue  Biil  oi  Rights,  in  that 
It  authorizes  deprivation  of  liberty  without  due  process  of  law,  and  Is  for  that 
reason  void:     St.  Louis  vs.  Karr,  85  Mo.  App.  60S,  614. 

Sic.  iTfiO.  HuN'H  «)r  foiifiiu'iiu'nl  of  prisoners. — I'risoiKus  shall 
he  contined  within  the  ap|U'(iprialc  apariiiicnts  within  one  hour  after  siin- 
-set,  anil  all  li^ihls  in  such  ajiartinents  shall  be  extinjiuished  by  nine  o'clock 
p.  III.,  between  the  first  of  Ajtril  and  the  first  of  (»ctob(>r.  and  by  eij;ht 
o'clock  [).  III..  durin>x  tlie  reinaiiider  of  tlie  year,  and  no  lij^hts  shall  be  al- 
lowed in  the  sleepiii;;  apartments  of  any  prisoner,  except  in  case  of  sickness, 
and  then  luily  under  llie  direction  of  the  physician  in  attendance,  i  .M.  C, 
sec.    l(ii;:{.  ( 

Sit.  ITiil.  rii--oiH'i-  iii;i.\  olilaiii  (li->cliarL;«',  when. — .\ny  pris- 
oner may  at  aiiN    liiin-  pa,\    the  siiperinleiideiii   the  amouiil   of  execution  am) 

costs,  or  balance   due   thereon,  after  deductiii};  such   credits   as   I r   she 

may  Im>  entitled  to;  and,  n|ton  such  payment,  or  upon  any  ]>risoner  work- 
in;;  out  their  fine  and  costs,  or  if  lie  or  slie  should  l)e  otiierwise  le;;ally  en 
titled  to  thi'ir  discluir<;e,  the  superintendent  shall  ^'ive  llie  ju-isoner  a  |irinted 
(U-  written  di.schar;;e  and  set  tlie  same  at  lilwrty.     The  prisoners  shall  each 


922  REVISED  CODE  OR  GENERAL  ORDINANCES.  ICHAP.   21. 

be  allowed  fifty  ceuts  per  day  for  their  work,  exclusive  of  board.  (M.  C, 
sec.  1G64.) 

Chart..  III.  sec.  26,  clause  10.  See  note  above  that  term  cannot  be  lengtliened. 
And  in  the  case-  of  In  re  Larkowski,  94  Mo.  App.  623,  it  is  held  that  a  prisoner 
sentenced  from  the  Court  of  Criminal  Correction  for  misdemeanor,  is  entitled  to 
work  out  his  fine  at  one  dollar  per  day,  and  that  a  provision  crediting  him  only 
fifty   cents  per  day  is  void  as  in  conflict  with   State  statutes. 

Sec.    1762.     Kestri<'tioii    of   intercourse   with   prisoiier.s. — No 

person,  except  the  mayoi-.  iiicnihers  of  the  iiniiii(i]ial  asseinhly  and  officers 
of  the  workhouse,  shall  hold  an\-  intcM-course  with  any  jirisoner,  unless  per- 
mitted by  the  superintendent  or  mayor.     (M.  C,  sec.  KJti.^.) 

Sec.  1763.     What  prisoners  to  oeenpy  separate   apartments. 

— The  superintendent  shall  not  permit  male  and  female,  or  white  and  col- 
ored persons,  to  occupy  the  same  apartments.     (M.  (3.,  sec.  1666.) 

Sec.  1764  Treatment  of  sick  prisoners, — Wlienever  any  jiris- 
oner  is  sick  the  superintcndeiil  shall  notify  the  superintendent  of  the  city 
hospital  of  the  fact,  who  shall  thereupon  detail  one  of  the  assistant  jthy- 
sicians  to  visit  the  sick  prisoner,  and  furnish  the  jirisouer  with  proper  med- 
icines and  medical  attendance,  and  the  superintendent  shall  see  that  the 
prisoner  is  properly  nursed  and  attended,  and  the  cost  of  all  medicines, 
nursing,  ami  attendance  shall  be  allowed  as  other  exjtenses  of  the  work- 
house.    (M.  (\,  sec.  1667.1 

Sec.  1765.  Physician  for  workhouse. — The  superintendent  is 
hereby  authorized  to  employ  a  physician  subject  to  the  approval  of  the 
mayor,  for  the  compensation  of  fifty  dollars  per  month,  to  render  all  the 
medical  treatment  necessary  to  the  inmates  of  the  workhouse  and  to  attend 
said  institution  every  day  for  said  jiui-pose.  Said  emjiloyment  shall  be  from 
mouth  to  month  and  may  be  tei'ininated  at  the  end  of  any  month  without 
|)revious  notice.  The  expense  created  by  the  above  emi)loyment  shall  be 
allowed  as  other  expenses  of  the  workhouse,  and  during  said  employment 
it  shall  be  unnecessary  to  detail  a  physician  from  the  city  hospital,  as  pro- 
vided in  section  1764.'    (M.  C,  sec.  166S.) 

See.  1766.  Same — duty  respectinj?  food  of  prisoners. — It  shall 
be  the  duty  of  the  physician  emiiloyed  under  the  authority  of  .section  1765 
to  visit  the  eating  rooms  of  the  prisoners  of  the  workhouse  during  meal 
time,  at  least  once  each  week,  or  oftener  if  he  shall  deem  it  necessary,  and 
he  shall  make  a  careful  examination  of  the  food  furnished  the  prisoners,  and 
if,  in  his  opinion,  the  food  of  the  prisoners  be  not  sufficient  or  of  the  proper 
quality,  he  shall  make  such  recommendations  for  a  change  of  diet  as  may 
l)e  requisite  for  the  health  of  the  prisoners,  and  he  may  direct  the  superin- 
tendent to  change  the  diet  of  the  prisoners  in  accordance  with  this  recom- 
mendation. The  }>hysician  shall  also  forward  to  the  mayor  a  cojty  of  his 
order  to  tli<>  suiicrintendent  of  the  workhouse  in  relati(tii  to  the  diet  of  the 
jirisoners.  and  he  shall  also  i-eport  to  the  mayor  any  failure  on  the  i)art  of 
the  superintendent  of  the  workhouse  in  carrving  out  his  instructions.  (Ord. 
121508.) 

Prior  to  this  amendment  this  duty  was  imposed  upon  the  health  commissioner. 
It  was  held  that  a  failure  to  attend  to  the  same  warranted  proceedings  for  his 
removal  by  the  mayor:  State  ex  rel.  vs.  Walbridge,  62  Mo.  App.  162.  165:  as  to 
duty  of  superintendent  respecting-  food  see  R.  C,  sec.   1749. 


Al;T     IV. I  OK   Till':    WiiKKIIOl'SK.  iyt-j 

See.  1767.  \\  licii  piisiMHTs  r(Miii)V«'il  to  liOHiiital. — Whenever 
till-  siipiTiiilt'iulfiU  ni  ilic  w  iiiiditiii.^ii'  is  n(  Ilic  ii|iiiiiiin  llial  ;iii.v  jirisoiu'r 
niiitincil  ill  ilic  w oiklnnisf  is  sick  i>r  injui'i-<i.  ami  caiinot  receive  [H'tipef 
trealiiieiit  wliile  so  coiitiiied.  lie  shall  iiolil'v  llie  lieallli  coiiiinissiuiier  of  llie 
l'ac(.  who  Ihereupoii  shall  <;ive  the  siiieriiiiemleiil  of  Ilie  w  oi'khoii.se  a  re- 
«'oipt  for  said  ]irisoner  and  have  said  prisoner  removed  in  liic  city  hospital 
for  treatment.  ]>rovided  in  his  judgment  it  is  proper  so  lo  do,  and  should 
such  prisoner  recover  his  health  or  recover  from  his  injuries  siiflicieiit  l_v 
to  be  alile  lo  work,  he  shall  lie  recommitted  to  the  workhouse  and  sluili  wmk 
<nil   the  remainder  of  his  time.      (.M.  ('..  sec.   lilCiil.i 

See.  ITtiS  \\  lira  ;;ii;irtls,  vtv.,  iiia.v  ho  <liscliai-y;«'«l, — The 
superintendent  may.  on  aecount  of  neglect  of  duly  or  iijion  other  good 
cause,  discharge  any  of  the  giiar<ls  or  other  employes  <if  the  workhouse 
and  a|)point  others  in  their  stead,  in  ilic  iii;iiiii(i-  hireinafter  proviile(l  for 
appoinlments  liy  him.      i.M.  ('..  sec.   HmI.i 

s.c  i7(,!i  liitoxii-alion  oi-  iH'y:UM'(  of  duly  t<»  i'aiisc  discliarj^o 
ol'  y;iiar«ls.  Any  guard  who  sliall.  while  on  duty,  lie  in  a  state  of  inio.vi- 
eation  or  shall  otherwise  fail  in  the  discharge  of  aii.\  ol  his  duties,  shall  he 
discharged  forthwilh  1)\  the  snperinleiideiit.  and  the  lads  in  the  case  re- 
jioiied  to  the  mayor,      i  M.  ( '..  sec.   Iti7l.'.  I 

Sec  17711.  l\ni|>l(i\  iiM-iit  <if  prisoiirrs  on  |Mil>lic  work — sliort- 
<'iiiii<;  trriii  of  iiiii>risoiiiii<>iit  tor  jj^mmI  l><'lia\  i4»r. — The  hoard 
of  pulilic  improM'tiients.  Iiy  and  with  the  apjiroval  of  the  mayor,  may  em- 
ploy any  of  the  prisoners  on  any  pnlilic  work,  under  such  rules  and  regula- 
tions as  they  may  pres<-rilie;  and  lo  encourage  good  lieha\ior  on  Ilic  |iart 
<if  the  prisonei-s  thus  employed,  the  lioai'il  of  |nililic  improveuieiils  shall 
have  the  power,  by  and  with  the  a]iiiroval  of  ilic  mayor,  to  offer  and  give 
such  rewards  as  they  may  deem  jiroper:  pid\idcil.  however,  tliat  such  re- 
ward shall  only  be  iu  the  nature  of  a  deduct  ion  of  the  time  for  which  such 
jirisoners  may  have  been  senienceil  to  the  workhouse.  And  said  prisoners 
may  be  emi>loyed  in  the  above  manner  in  grading  any  duly  established 
street  or  alley  in  the  city,  at  the  instance  and  reipiesi  of  the  board  of  pub- 
lic improvements,  which  is  hereby  vested  witli  authority  to  cause  any  pub- 
lic street  or  alley  to  be  graded  in  the  manner  aforesaid:  provided,  however, 
the  api>roval  of  tlie  mayor  sliall  first  lie  had  and  obtained.  1  M.  ('..  sec.  KIT;'..) 

Sec.  1771.  PrisoiuTs— may  bo  «>niplo\(Ml  olsc'wlioro  than  at 
workhouse.  The  superintendent  shall,  upon  the  direction  of  the  board 
of  public  improvements,  work  any  portion  of  the  prisoners  not  actually  re- 
(piin>d  at  the  workhouse,  or  on  the  work  of  the  city,  on  any  imblic  or  jirivate 
Work,  and  the  amount  of  such  work  shall  be  collected  in  the  manner  liere- 
inbel'ore  provided,  and  paid  into  the  ^ity  treasiir\,  and  |il.iicd  to  ihc  credit 
of  the  workhouse  fund.      (  M.  <"..  sec.  l(!74.l 

See.  177-'.  SuiM'riiit«'ii(loiil  to  n'port  (o  assoiiihly. — The  .super- 
intendent shall,  ai  the  opening  of  each  slated  session  of  the  municipal  as- 
sembly report  to  that  body  a  detailed  statement  of  the  ojieralions  and 
alVairs  of  tlie  workhouse  during  the  preceding  year;  setting  forlh  the  nniii- 
Imm-  of  prisoners  received;  the  nmnlier  then  at  the  institution:  the  age.  sex 
and  place  of  birth  of  all  tlie  prisoners;  tlie  value  and  description  of  the 
work  jierfornied  by  tlieni  iu  detail,  and  the  expenditures  and  receipts  on 
ai'i'onnt  of  tin-  workhouse.     (M.  ('..  sec.  ll!7.". ) 


924  REVISED  CODE  OH  GENERAL  ORDINANCES.  (CHAP.   21. 

See.  1773.       Precautions    again.st    escapes  —  arrests.  —  The 

superiuteiident  shall  have  jiower  to  take  all  uecessary  measures  to  guard 
the  workhouse,  aud  to  jirevent  the  escape  of  the  prisouers,  aud  he  or  any 
city  officer,  or  other  person,  is  authoiized  to  arrest,  without  warrant,  any 
person  who  shall  have  escaped  from  the  workhouse.     (M.  C,  sec.  1G7G.) 

Sec.  1774.  Trespassiiifr  on  workhouse  premises — helping 
escapes— penalty. —The  supcriuteudeut,  or  any  officer  of  the  workhouse, 
may  arrest,  without  warrant,  any  jierson  tres{)assin{;  ujion  the  workhouse 
premises,  or  attempting  to  rescue  any  jirisoner,  or  assisting  or  attempting 
to  assist  any  prisoner  to  escai)e,  or  hindering  or  attempting  to  hinder  the 
superintendent  or  any  officer  of  the  workhouse  in  the  lawful  discharge  of 
any  of  his  duties,  and  any  person  so  doing  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof,  shall  he  fined  not  less  than  five 
nor  more  than  one  hundred  dollars.     (II.  C,  sec.  1677.) 

Sec.  1775.  t'lothiug-  of  prisoners, — Prisouers  shall  he  furni.shed 
with  suitable  clothing,  when  necessary,  at  cost,  provided,  that  they  agree 
that  the  expense  thereof  shall  be  worked  out  by  them  in  like  manner  as  the 
amount  of  tine  and  costs  for  which  they  were  committed.     (M.  C,  sec.  1G78.) 

Sec.    1776.       Officers    forbidden    to    deal    in    supplies. — The 

superintendent,  or  any  officer  of  the  workhouse,  shall  not  be  permitted  to 
trade  in,  or  sell  anv  articles  of  anv  kind  to  the  citv  for  the  use  of  the  work- 
house.    (M.  C,  sec.  1679.) 

Sec.  1777.  Officers  to  be  appointed. — The  superintendent  shall, 
with  the  approval  of  the  mayor,  appoint  the  following  officers,  to-wit :  An 
officer  to  be  styled  clerk,  one  foreman  in  the  quarry,  one  foreman  in  the 
yard,  two  street  grading  foremen,  and  one  macadam  foreman,  a  blacksmith, 
and  such  guards  and  other  employes  as  may  be  necessary.  iM.  C,  sec. 
168(1.) 

Sec.   1778.      Clerks   and  gate    keeper— duties — The   duties    of 

clei'k  aud  gate  keeper  of  the  workhouse  shall  be  performed  under  the  direc- 
tion of  the  superintendent,  and  he  shall  assist  the  superintendent  in  keeping 
the  books,  and  no  person  shall  be  ajipointed  that  is  not  competent  to  the 
task.     (M.  C.  sec.  1681.) 

Sec.  1779.  Salary  and  bond  of  Hui>erintendent. — The  sujjer- 
intendent  shall  receive  a  salary  of  twelve  hundred  dollars  a  year,  payable 
monthly,  aud  he  shall  be  furnished  by  the  citj-,  in  addition  thereto,  with 
the  necessary  furniture  for  the  tenement  erected  for  his  residence  within 
the  -workhouse  iuclosure.  and  all  the  provisions,  etc..  necessary  for  the 
maintenance  and  sujiport  of  himself «iuid  family;  and  shall  before  entering 
upon  the  duties  of  his  office,  give  a  good  and  sufficient  bond  in  the  sum 
of  ten  thousand  dollars,  with  two  or  more  securities,  ownei's  of  unincum- 
bered real  estate  in  the  City  of  St.  Louis,  conditioned  as  the  bond  of  other 
city  officers,  and  to  be  approved  by  the  mayor  and  council.     (M.  C,  sec. 


Sec.  1780,  Salaries  and  bond  of  employes. — The  salary  of  the 
clerk  shall  be  nine  hundred  dollars  per  annum,  and  he  shall  give  bond  in 
the  sum  of  two  thousand  five  hundred  dollars,  conditioned  as  the  bond  of 
Dtlier  city  officers,  to  be  ajtproved  by  the  mayor  and  council.    The  salary  of 


AKT.    V.|  OK  Till-:  ST.    MUMS    IN'l  >rsT KIAl,  St'HOOI,.  <J2o 

tilt'  roreiiu'u  and  hlacksinitli  sliall  bi'  each  sovt'ii  lunidrt'd  and  twcMity  dollars 
|K'r  annum,  uf  the  guards  six  liundft'd  dollars  \k'V  annniri.  Imstlci-  fniir  Iniii 
<lrcd  and  ciiilitv  dollars  per  anntini.  and  one  cook  at  sc\cm  liiiiiiln<l  ;iiii| 
twenty  dollars  jici-  annniii.  The  salary  of  sneli  otiior  eiii|iloyes  as  may  lie 
round  iieicssarv  shall  he.  e.\ce|ii  inj;  day  laltorers,  tliree  iuindfed  sixly  dollars 
per  annum,     i  M.  (.).,  sec.  1(>8;{.) 

See.  1781.  I^nyincci-  aiul  assislaiH.  -There  shall  be  ai^iointed  by 
the  siiperintendeni  ol'  ihe  workhou.M',  wiih  the  approval  of  tlie  mayor,  an 
('MfiinciT  and  an  assistant  enj;ineer,  who  shall  he  put  in  eharjie  of  the  heat- 
iiii;  apparat\is  al  the  workhouse.  They  shall  be  re};ularly  licensed  enjj;i- 
tieers,  and  shall  |possess  the  (|ualiliiations  prescribed  in  section  ten,  ai'ticle 
I'oui'  ot"  the  chai'ler.  Saiil  eniiineei'  and  assistant  en;,'ineei-  shall  be  employed 
oiih  during  the  .season  that  siM'h  heatinj,'  apparatus  is  re(|uired  to  be  used. 
iM'.  C,  sec.  1GS4.) 

See.  1782.     Salari»>s  of  enji'iiuMT   and    assistant TIh'    comi"n- 

sation  of  the  engineer  shall  be  at  the  rate  ot  sixty  dollai's  |iei'  month,  and 
that  of  the  assistant  enj;ine<'r  at  the  rate  of  tifty  dollafs  jier  month,  said 
salaries  to  be  jpaid  iiioiiihly.  and  they  shall  also  I'eceive  their  lioaid  ,nid 
washiii";  at  the  workhouse.      (M.  (\,  sec.  l(;s.">.) 

Sec.  17S;J.  KtM'ord  to  bv  Ut'pt  of  artii-li's  received  and 
sent. — It  shall  be  the  duty  of  tlie  superintendent  to  cause  to  be  kept  in  a. 
propel-  liook  a  daily  record  of  all  ;ii-ticles  received  at  said  workhouse,  and 
t"rom  whom  received;  also  a  daily  record  of  every  articli'  sent'  from  said 
woi-khouse.  and  the  nami'  of  the  person  to  whom  said  article  was  furnished. 
I  M.  ('..  sec.  ICSC.i 

See.  178t  \\  licii  piisontTs  to  Im'  used  lor  loading'. — It  shall 
not  be  lawful  to  employ  Ihe  prisoners  contined  in  the  workhous(>  in  loadinfj 
materials  sold  from  the  workhouse,  except  in  such  cases  as  may  be  si)ecially 
])rovide(l  for  by  contract.     Hf.  C,  sec.  1687.) 


ARTICLE  V. 

OF  Tur  ST.  i.oris  industrial  school.* 

See.  178.'>.  Nanu'  of  House  of  Hefiij;*'  <'lian*>°«Ml  to  St.  Louis 
Industrial  S  «•  li  o  o  1.  — The'inslitution  known  as  the  St.  I^ouis  House 
of  IJefujje  shall  hereafter  be  known  liv  the  title  "St.  Louis  Industrial 
School."     (Oi-d.  22145.  see.  1.) 


•This  institution  Is  the  St.   Louis  House  of  Refuge,  tli'  i    which  by  or- 

dinance 221 4S  approved  Nov.  21.  1905.  was  changed  to  St.  Louis  Industrial  School. 
Thi- House  of  U>fiiK>'.  Its  organization,  functions  and  manaKement.  l.s  guvcrni'd  l)y 
the  provisions  of  Ijiws  l.'*7S  (now  Rev.  St.  1899.  pagi'S  25S3-2.'i,TB.  sees.  1  to  13.  set  out 
under  "Laws  Specially  .Applicable  to  St.  Ixiuis,"  with  notes  thereto.  Chap.  H,  sees. 
355-367.)  Sec  also  for  Charter  authority.  Chart..  Art.  I.  sec.  1:  for  building,  i*.. 
Art.  in.  sec.  26.  clause  3;  the  mayor  appoints  superintendent  subject  to  contlrma- 
tlon  by  council:  Charter.  Art.  IV.  .lees.  2  and  'J.  a\!>o  R.  C.  1509;  also  four  mem- 
bers as  board  of  managers,  of  which  he  Is  rt  ,}ffi,io  a  member:  R.  S.  1899.  p. 
2553.  sec.  1:  R.  C.  sec.  1510.  As  to  Imprisonment  for  crime  In  this  institution  see 
In  re  LArkowskI,  94  Mo.  App.  623:  for  the  charitable  and  valuable  functions  ot 
till'  Institution  fi-v  Stati-  ex  rel.  vs.  Walbrldge.  69  Mo.  App.  I.  e.  6i'.T:  also  In  re 
Ijirkowski.  supra.  Ry  Ijiws  1905.  p.  301,  the  board  of  manag'TS  of  the  House 
of  Refuge  Is  authorized  to  arrange  with  the  Public  School  Roard  for  the  educa- 
tion of  the  Inmates  of  that  Institution.  See  notes  and  comments  contained  in 
notes  to  the  statutes  (above  referred  to)  which  are  set  out  In  Ijiws  Specially 
Applicable  to  St.  Ix>uls.  Chap.  II.  sees.  355  to  3<'>7.  pages  162-161. 


926  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  2:. 

Sec.  17S6.     Change    of    name    not   to   affect  law   rejfulating^ 

same. — The  change  of  name  of  said  institution  hereby  ordained  shall  iu  no 
wise  be  construed  to  change,  impair  or  otherwise  affect  existing  provisions 
of  law  regulating  to  said  institution,  except  so  far  as  to  change  the  name 
thereof.      (Ih..  sec.  2.) 


CHAPTER  22. 

PLUMBING   AND  DRAINAGE  DEPARTMENT.* 

Sec.  1787.     Boaril  of  public  improvements  gfiven  supervision 

of. — The  board  uf  ])ubli('  improvements  is  hereby  charged  with  tlie  supervision 
of  plumbing  and  drainlaying.  and  of  all  matters  pertaining  thereto.  (M. 
C,  sec.  1G88.) 

See.  1788.  Drainlayers  and  plumbers  to  be  regristered. — Said 
board  is  hereby  authorized  and  directed  to  register,  in  a  book  kept  for  that 
purpose,  the  full  name,  residence  and  place  of  business  of  all  persons,  firms 
or  corporations,  who  may  desire  to  engage  iu  the  business  or  trade  of 
[plumbing  orf]  drainlaying  in  the  city,  either  as  masters  or  workmeu.  and 
to  issue  to  such  parties  as  are  found  competent,  certificates  of  authority  to 
do  [phunbiug  orf]  drainlaying  connected,  or  to  be  connected  with  the  water 
supply  or  drainage  system  of  the  city;  provided,  such  persons,  firms  or  cor- 
porations shall  have  fully  complied  with  the  conditions  prescribed  in  this 
chajiter.     (  JI.  C,  sec.  I(i8ft. ) 

tThe  words  "plumbing  or"  indicated  in  braokfts  in  the  above  section  are  elim- 
inated therefrom  by  an  amendment  made  by  ordinance  23007.  approved  April  1> 
1907,  after  the  Revised  Code.  The  amendment  is  made  because  by  that  ordinance 
the  Plumbers'  Board  of  Examiners  is  created  which  makes  provision  for  the  reg- 
istration of  plumbers,  etc.      (See  ord.   23007  set  out  in  appendix.) 

Spc.    1789.     Susi>ension  or   cancellation   of   certificate.— Said 

board  shall  have  ])()^\('l■,  and  is  directed  to  suspend  for  a  definite  time,  or 
to  cancel,  at  the  discretion  of  the  board,  any  certificate  of  authority  granted 
hereunder,  if,  after  notice  and  opportunity  to  be  heard,  the  party  named 
therein  is  found  guilty  of  violating  the  terms  and  conditions  of  this  chap- 
ter, or  the  rules  and  regulations  established- by  the  board  of  public  improve- 
ments, under  the  authoritv  of  the  charter  or  ordinances  of  the  city.  (M. 
C,  sec.  1690.) 

Sec.  1790.  Authority  of  board. — Said  board  is  further  authorized 
to  establish  rules  and  regulations  for  the  government  of  jilumbing  and  drain- 
laying,  and  of  the  persons  doing  such  work,  and  to  do  all  other  acts  neces- 
sary to  carry  out  the  jirovisions  of  this  cha]iter.      (\M.  P.,  sec.  1691. ) 

See.  1791.  Supervisor  of  plunibiufj^— subordinates. — The  presi- 
dent of  the  board  of  public  iiiiproveinents.  with  the  approval  of  the  mayor. 

♦For  regulations  as  to  attachments  with  the  water  works  pipes,  etc.,  see  R.  C. 
sees.    2204  ,■/  :,-(,. 

Ordinance  23007.  approved  April  1,  1907,  (after  the  Revised  Code)  creates  the 
Board  of  Examiners  of  Plumbers,  defines  its  duties  and  powers,  regulates  exam- 
inations and  registration  of  plumbers,  etc..  and  amends  sees.  1689  and  1697  of 
the  former  Municipal  Code,  corresponding  to  sections  17SS  and  1796  of  this  Re- 
vised Code.     See  that  ordinance  set  out  in  full   in   Appendix   to  Rev.   Code. 


CHAP.    21'.]  PLUMBING   ANI>   DRAINING   DEPARTMENT.  927 

shall  appuiiit  a  supervisor  of  pliuubiu};  and  draiiilayiug,  who  shall  be,  by 
traiiiiiiji  and  oxin'i-iouee,  c-oiniHMciit  to  desij;ii  and  exL't'Utc  plunibiu<j;  work. 
His  oftifial  title  shall  be  "Supervisor  of  I'lnnibinj;,"  and  he,  with  the  iip- 
I)roval  of  the  president  of  the  board  of  pnhlic  inijirdVcMicnls,  sliall  aiipoint 
one  tlerk,  one  bookkeeper  ,  one  niessi'iipT.  and  sncli  nnnilier-  of  inspectors  as 
may  be  necessarv  to  do  I  lie  work  reipiired  or  anlimri/.ed  1>.\  liiis  elia|iter. 
Said  inspeetors  shall  be  skilled  and  e.xperieneed  in  the  kind  of  work  they 
are  to  inspect.     fM.  ('.,  see.  Itiitll.) 

Sec.  1792.  lt<Mi(ls  and  salariivs.  Tlic  Supeix  isoi-  cil  I'lumliinfi  so 
ai>|)0inted,  shall  jjive  a  bond  in  tlie  sniii  ol  ten  thousand  dollais  and  shall 
receive  a  salary  of  two  thousand  dollars  per  annum.  The  clerk  shall  ^;ive 
a  bond  in  ilie  sum  of  l\\\t  thousand  dollars  and  shall  receive  a  salary  of 
lwel\e  hundred  dollars  ]K'r  annum.  The  bookkeejier  shall  ;;ive  a  bond  in  tin* 
sum  of  fifteen  hundred  dollai's,  and  shall  receive  a  salary  of  one  thousand 
dollars  jier  annum.  Inspectors  shall  jjive  bonds  in  the  sum  of  one  lliousand 
dollars,  and  shall  receive  the  sum  of  one  huiuired  twenty  dollars  each  per 
monih  foi'  theii-  services  and  for  the  use  of  a  horsi'  velii<'Ie.  which  shall  he 
fuiiiished  and  kepi  by  them.  The  messenjier  shall  r(»cei\('  sixty  dollars  jier 
month.  All  bonds  reipiired  to  be  ^'iven  under  this  cha|iter  shall  be  ap- 
l>roved  by  the  council  ami  mayor,  and  all  salaries  sluill  be  payable  monthly. 
I  M.  ('..  see.  1G!»;^.) 

See.  ITOo.  SuptTvisor — duties  of — iiiitler  wlios*'  i'ontrol — 
ilIs|UM'(i«Hl.  It  shall  he  tlie  duty  of  the  Supervisor  of  riumbin.u  to  receive 
and  exauiiiic  all  jilans  of  piniubinj:  and  drains  submitted  for  ai)|iroval.  If 
he  tinds  them  in  accordance  with  the  ordinances,  rules  and  re;;ulalions  for 
the  •;overnnieni  of  plumbiii';  and  drainlayiufi  he  shall  indorse  the  orif^inal 
plan  or  plans  as  approved  and  issue  a  permit  for  the  construction  thereof, 
and  shall  lile  in  convenient  ft)rui  for  reference  tlie  duplicate  j)lan  or  plans. 
If  the  plans  submitted  are  not  in  accordance  with  ordinances,  I'ules  and 
refiidai  ions,  he  shall  reject  them,  and,  if  re(|nesie<l,  he  shall  state  the  grounds 
of  rejection.  .Vi>proval  or  rejection  of  i>lans  shall  be  made  within  two  days 
after  the  date  of  filiuji.  He  shall  irive  <;('neral  information  and  advice  as 
to  the  meaning;  and  requireiueuts  of  the  ordinances,  rules  and  reij;ulatious  to 
persons  desiring  tlie  same.  He  sliall  investigate  cases  reported,  or  referred 
to  him  of  l)acl  or  imperfect  work  or  material,  old  or  new.  and  i'ej)ort  the  same 
to  the  board  of  public  im]irovenienls  when  called  for.  of  to  the  board  of 
lii'.ilth  if  the  matter  falls  within  the  jurisdiction  of  the  latter  board.  He 
shall  report  iill  cases  of  violation  or  attempted  violation  of  the  ordinances, 
rules  (W  regulations  on  the  part  of  plninbers,  drainlayers,  builders,  owners 
or  agents,  ami  under  the  instructious  of  the  board  of  public  iniprovemeuls, 
]>rosecute  the  otTending  party.  He  shall  have  charge  of  all  employes  aj»- 
liointed  by  him.  and  shall  see  that  they  perform  their  duties  faithfully.  He 
shall  issue  ;ill  notices  and  cerlillcates  of  registration,  and  kee|)  a  record  of 
all  ins|ieelions  made,  and  when  the  plumbing  or  drainlaying  of  any  premises 
shall  be  satisfactorily  compleled.  he  shall  issue  to  (he  jiarly  doing  tlie  work, 
a  certificate  that  the  same  is  lawfully  and  ]iroperly  done.  He  shall  super- 
vise water  and  .sewer  connections  and  all  exi-avations  for  the  purpose  of  mak- 
ing or  re|iairing  the  same,  and  in  so  acting  he  shall  be  the  agent  and  repre- 
sentative of  the  street,  water  anil  .sewer  commissioners,  and  shall  act  uniler 
their  insti-iictions  in  mailers  j'erlaining  to  the  several  ile|i,irtments.  in  the 
manner  and  to  the  extent  necessary  to  carry  out  this  chapter  and  the  (irovis- 
ions  of  the  revised  ordinances  I  Revised  ("odei  of  the  city.  He  shall  iliarge 
to  the  account  of  each  ]ilumber  and  drainlayer  the  fees  for  inspections  herein 
anth(M-ized  to  Im-  charged  for  and  shall  certify  to  the  ju'esident  of  the  board 


928  REVISED  CODE  OH  GENERAL  ORDINANCES.  [CHAP.   22. 

of  public  improvements,  to  the  comptroller  and  to  the  auditor,  monthly,  the 
amounts  charged  against  each  deposit  made  by  })lumbers.  and  drainlayei's, 
so  that  such  may  be  transferred  to  the  proper  fund.  The  supervisor  of 
jdumbing  shall  be  under  the  control  of  the  board  of  public  improvements  and 
said  l)oard  shall  hinc  the  power  to  remove  him  at  its  pleasure.  Insjtectors 
shall,  under  the  direction  of  the  sujiervisor  of  jilunibing,  inspect  all  buildings 
in  course  of  erection,  alteration  or  rejiair,  as  often  as  may  be  necessary,  and 
shall  see  that  all  plumbing,  drains  and  sewer  work  is  done  in  accordance 
■with  the  rules  and  regulations  herein  established  or  authorized,  and  that  the 
work  is  done  by  persons  authorized  to  do  such  woi-k.  They  shall  report  all 
of  their  acts  and  such  details  as  to  imperfect  or  unlawful  work,  as  the 
supervisor  of  plumbing  may  require.  The  supervisor  of  plumltlng  may, 
with  the  apjtroval  of  the  board  of  public  ini]irovements,  divide  the  city  into 
districts  and  assign  an  ins]iector  to  a  single  district.      (M.  C,  sec.  l(j!)4.) 

Sec.  1794.  Registration  of  plumbei's — bonds. — It  shall  be  the 
duty  of  every  person,  firm  or  corporation  desiring  to  engage  in  the  business 
of  j)Iuml)ing  or  drainlayiug  in  the  ("ity  of  f^t,  Louis,  to  have  his,  her  or  their 
full  name,  residence  and  place  of  business  registered  in  the  book  kejit  for 
that  jiurj>ose  by  the  su])ervisor  of  jilumljing.  and  in  case  of  removal  or 
change  in  the  firm  to  have  such  change  made  in  the  register  without  delay. 
It  shall  be  the  duty  of  every  such  party  to  give  a  bond  in  the  sum  of  two 
thousand  dollars  as  plumber,  and  in  the  sum  of  one  thousand  dollars  as 
drainlayer,  if  the  party  desires  to  engage  in  both  departments  of  business, 
otherwise  only  for  the  particular  department  engaged  in.  vSaid  l)onds  shall 
be  signed  by  two  good  and  sufficient  securities,  holders  of  unincumbei'ed 
real  estate  in  the  City  of  St,  Louis,  to  l)e  approved  by  the  mayor,  and  shall 
be  filed  with  the  register,  and  shall  be  conditioned  that  they  will  faithfully 
observe  all  ordinances  of  the  city  pertaining  to  plumbing,  drainlaying  or 
excavations,  and  of  all  rules  and  regulations  established  under  the  author- 
ity of  such  ordinances;  that  all  ])lumbing  or  drainlaying  work  done  by  them, 
or  under  their  control,  shall  be  executed  in  a  workmanlike  manner;  that 
they  will  employ  no  workmen  but  such  as  have  certificates  of  registration 
as  herein  required;  that  they  will  indemnify  and  save  harmless  the  City 
of  St.  Louis  from  all  accidents  and  damages  caused  by  any  negligence  in 
protecting  their  work,  or  by  any  unfaithful  or  inadequate  work  done  by 
themselves  or  their  employes,  and  the  bond  shall  be  for  the  benefit  of  all 
persons  injured  or  aggrieved  by  any  violation  or  neglect  to  observe  the 
ordinances  of  the  city  or  the  rules  and  regulations  established  under  the 
authority  of  such  ordinances.  Said  bonds  shall  be  renewed  at  intervals  of 
four  years  or  oftener,  if  the  security  should  be  im])aired,  at  the  demand  of 
the  board  of  public  improvements.     (^L  (,'.,  sec.  IClt.j.) 

Sec.  1795.  Plumbers,  etc.— registered— duties  of. — It  shall  be 
the  duty  of  every  registered  plumber  or  drainlayer  to  display  at  his  jilace 
of  business,  in  a  eousjticuous  position,  a  sign  with  the  full  registered  name, 
and  the  words  '"registered  plumber  (or  drainlayer] ""  in  letters  not  less  than 
three  inches  in  size.  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion, not  so  registered,  or  whose  certificate  of  registration  has  been  sus- 
pended or  canceled,  to  exhibit  the  sign  herein  described,  or  in  any  way  to 
represent  himself  or  itself  to  be  registered  and  authorized  to  do  ])lumbing 
or  drainlaying.  No  person,  firm  or  cori)oration  not  so  registered,  or  whose 
certificate  of  registration  has  been  suspended  or  canceled,  shall  be  given  a 
permit  to  make  or  repair  any  sewer,  (Irain  or  connection  therewith,  or  to 
do  any  work  upon  pipes  or  appurtenances  connected  with  the  waterworks 
of  the  city.     Registered  plumbers  and  drainlayers  shall  furnish,  when  re- 


-4 


CHAP.  22.]  PLUMBING  AND  DRAINING  DEPARTMENT.  929 

qiiirt'<l  by  tlio  suiH'ivisor  of  pliimbiu}!:,  the  full  names  of  tbe  workmen  em- 
jilovt'd  ii|i(Hi  aiiv  jol)  or  piece  of  work  at  any  time  within  one  year  of  the 
»(ini|ilc'tion  and  acce]itaiu'e  of  such  work.  li  shall  be  the  duty  of  every 
retiistercd  plumber  or  drainlayer,  before  ctiuimeiiciu;;  the  construction  of 
new  or  the  reconstruct  ion  of  old  w(M-k.  to  tile  in  the  oll'ice  of  the  su|iervisor 
of  |)luiiiliinf;  duplicate  jilans  of  all  work  ju-oposed  to  be  done,  slmwinj;  the 
whole  iour.se  of  the  di-ains.  soil,  suiijily  and  waste  pipes,  the  arran;;eiuents 
and  connections  of  all  lixtures.  the  position  of  all  traps  and  of  their  ven- 
tilation, and  such  other  details  as  the  supervisor  of  plumbiiif;  may  be  au- 
thorized by  tlie  board  of  public  iinproveinents  to  require.  Said  plans  may 
be  returned  for  amendment  until  made  satisfactory.  .\|iproval  sliall  be  at- 
tested by  iiidorsemenl  on  the  cojiy  of  the  jilans  which  shall  lie  returned  to 
the  party  tiling'  the  same,  the  duplicate  cojiy  beiu};  tiled  in  the  otl'ice  of  the 
supervisor  of  plnmbiiii:.  The  jilaiis  ajiiiroxcd  shall  not  be  varied  from,  ex- 
ce|il  an  aniriHlci]  |ihiii  is  lii-s(  submillcii  an<l  approved,      i  M.  ( ".,  sec,  1()!)(5.) 

Sec.  179<).    Piuiuber.s — journeyman — ceiiificate  to  be  obtained. 

—  If  shall  be  the  duty  of  every  person  emjiloyed,  or  working;  at  the  trade 
or  vocation  of  [plumber*],  drainlayer  or  sewer  luiildi'r.to  secure  acertiticate 
of  re}i;istration  as  [practical  plumber*],  drainlayer  or  sewer  builder,  from 
the  supervisor  of  pinmbiii};,  [and  to  show  such  certificate  to  any  insiu'ctor 
of  plumbin;;  or  poli<-eman  on  demand.*]  The  certificate  shall  specify  the 
kind  of  work  the  iiei-son  to  whom  it  is  <;iven  is  authoriz(>d  to  do,  i^aid 
certificate  shall  be  i;iven  without  cliai-fje.  for  one  year  fi'om  tli(>  date  thereof, 
to  all  peisons  who  fuiaiish  sal  isf.iitory  evidence  of  theii'  skill  and  experi- 
eiiie  in  the  kind  of  work  the  applicant  desires  to  do.  Persons  to  whom  a 
certificate  is  refu.sed  sliall  have  the  rifjht  to  appeal  to  the  board  of  imblic 
im|irov(>inents,  and  in  prosecuting  such  apjieal.  to  present  oral  and  docu- 
mentary evidence  of  fitness.  The  board  of  public  improvements  may,  after 
notice  and  op])ortunity  to  be  heard,  suspend  any  cei'titicate  for  a  definite 
period,  or  cancel  the  same,  if  the  jiarty  is  found  guilty  of  violating  the  ordi- 
nanct>s  or  rules  and  regulations  duly  established,  or  is  shown  to  be  negli- 
gent, unskillful  (M-  unraitliful  in  his  work,  or  to  be  a  jierson  unfit  or  uii- 
worthy  of  being  trusted  or  employed  in  the  work  of  plumbing  or  drainlay- 
ing.  \\'ork  done  by  any  un(ei-tifi(>d  workman,  or  one  whose  cei'fificate  haa 
expired,  been  susjiended,  <\v  c-.inceled,  shall  not  be  ins])ecte<l  and  accepted. 
Inspectors  and  |iolicemeii  are  authoi-i/.ed  to  take  ii]>  and  return  to  the  su]ier- 
visor  of  ]>lumliing.  any  certificate  found  in  the  ]>ossessioii  of  persons  other 
than  he  to  whom  if  was  issued,  and  insjiecfors  shall  mark  certificates  as 
expireil.  suspeiuh'd  or  canceled,  when  diiccted  by  the  supervisor  of  iiluinb- 
ing  80  to  do.     ( M.  C,  sec.  1697.) 

•Tho  section  wa.s  amended  In  the  ordinance  creating  the  Plumhers'  Board  of 
Examiners,  which  affected  those  parts  Indicated  In  brackets  In  the  above  sec- 
tion. Said  ordinance  Is  No.  23i'07.  approved  April  1,  1907,  (after  tho  RevLied  Code), 
The  amendment,  so  far  as  relating  to  section  1796  (which  was  sec.  1697  of  the 
old  Miin.  Code)  conslsti'd  In  striking  out  the  words  "plumber"  In  line  two,  and 
"practical  plumber"  In  line  three,  and  by  striking  out  the  words  "and  to  show 
such  certlllcate  to  any  Inspector  of  plumbing  or  iiollceman  on  demand"  and  In- 
serting In  llou  thereof  the  words:  "and  It  shall  be  the  duty  of  every  pcr.son  em- 
ployed or  working  at  the  trade  or  business  of  plumbing  or  dralnlaying  or  sewcr- 
hulldlng  to  show  on  demand  his  license  or  certificate  to  engage  In  such  work  to 
any  Inspector  of  plumbing  or  policeman."  (See  this  ordinance  No.  23007  set  out 
In  appendix.) 

See.  1797.  Deiio.sit— of  wlioni  re<niire«l  — inspeelicin. — It  shall 
l)e  tlie  duty  of  every  registered  plumlx-r  and  drainlayer  to  keep  on  deposit 
witli  the  city  tivasurer.  to  the  credif  of  "contract  an<l  other  deposits."  at  all 
times  a  sum  sulficienf  to  ]iay  the  fees  for  inspecting  the  work  done  by  siicli 


930  REVISED  CODE  OR  GENERAL  ORDIN.\NCES.  [CHAP.  2->. 

l)luniher  or  dniinlii.ver.  For  each  inspection  of  sucli  work  tlie  sujiei'visor  of 
plumbing  sluill  cliurge  tlie  sum  of  one  dollar  against  said  deposit,  and  the 
supervisor  of  i)lunibing  shall  be  the  judge,  subject  to  the  board  of  public 
improvements,  of  the  number  of  inspections  to  be  made  and  charged  for  in 
any  case.  No  jierniits  for  sewer  or  water  connections  shall  be  given  to  par- 
ties who  have  not  made  the  dejjosit  herein  recjuired,  or  who  shall  neglect  ta 
renew  the  dejiosit  for  live  days  after  being  notified  so  to  do.  If  sliall  be 
the  duty  of  every  registered  jilumber  and  drainlayer  to  notify  the  su|ier- 
visor  of  plumbing  when  work  is  ready  for  insj)ection,  and  no  work  shall  be 
covered  up  or  in  any  way  concealed  until  it  has  been  inspected  and  approved, 
rinmbers  shall  also  notify  the  supervisor  of  plumbing  of  all  extensions  or 
alterations  of  fixtures  and  pipes  made  l)v  them,  so  that  the  same  may  be  in- 
spected. (M.  C,  sec.  1(;98.; 
• 

Sec.  1798.  Sewer  and  water  connections,  witliont  permit,  for- 
bidden— conditions. — No  house,  building  or  premises  shall  be  connected 
with  water  mains  or  sewers,  or  excavation  made  in  streets  or  alleys  there- 
for, without  permits  issued  under  the  authority  of  the  street,  water  and 
sewer  commissioners.  The  conditions  of  such  permits  must  be  strictly  com- 
plied with,  as  ])ai't  of  the  rules  and  regulations  governing  plumbing  and 
drainlaying.  All  work  must  be  done  by  the  jilumber  and  drainlayer.  in 
whose  name  (he  iiermifs  given  under  this  cha])ter  are  issued.  The  provisions 
of  this  chapier  shall  apjily  to  all  sewers  and  water  pipes,  whether  the  same 
are  on  private  i)roperty  or  in  public  streets  or  alleys.  (   M.  C,  sec.  1699.) 

As  to   obtaining  connections  witli   the   city   water   works   pipes,   see   post  R.   C, 
Chap.    39,   sees.    2504    to   2527;   see   also   R.   C.   sec.    145. 

See.  1799.  Plumbing  and  drainlayinj?  defined. — Drainlaying  as 
herein  regulated,  is  hereby  defined  to  include  the  connection,  with  the  j)ublic 
district  or  private  sewers,  and  such  pipes  as  may  be  laid  beneath  the  sur- 
face, and  more  than  five  feet  outside  of  the  foundation  walls  of  the 
building  drained,  if  such  building  contains  plumbing;  or  which  may  be 
intended  solely  to  drain  the  foundations,  cellars  and  roof  water  of  build- 
ings which  do  not  contain  phinibing.  IMumbing  is  hereby  defined  to  in- 
include  the  pijit's,  fixtures  and  ail  ajiimrtenances  thereto,  which  are  used  to 
conduct  water  to  and  distribute  it  in  or  about  any  pi'eniises  or  building  for 
any  use  whatever;  and  all  pipes  and  appurtenances  used  or  to  be  used  for 
conveying  liquid  water  within  and  to  a  distance  of  five  feet  outside  of  the 
foundation  walls  of  any  building  and  all  pipes  and  appurtenances  used  to 
ventilate  the  drains,  fixtures  and  traps  in  any  building;  also  all  pipes  and 
connections  through  which  gases,  vapors  or  wastes  of  any  kind  may  be 
discharged  into  drains  or  sewers.     (M.  C,  sec.  1700.) 


Sec.  1800.  Right  of  entry. — The  sujiervisor  of  plumbing,  or  his 
duly  authorized  agents,  shall  have  the  right  to  enter  ui)on  any  premises 
containing  plumbing  or  drains,  at  all  reasonable  hours,  to  ascertain 
whether  the  provisions  of  this  chapter  have  been  or  are  being  complied 
with.     (M.  C,  sec.  1701.) 


Sec.  1801.  Penalty. —Any  person  who  shall  vitdate  any  of  the  pro- 
visions of  this  chaiiter  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  yny  a  fine  of  not  less  than  ten  nor  more  than  one 
liundred  dollars  for  each  ott'euse.     (M.  C,  sec.  1702.) 


CHAP.   22a.]  PUBLIC   BATHS  ANP    PLAY-UnnuNDS  93I 

CHAPTER  22a. 

PVBI.IO   BATHS   ANI>    PI, AY-GROUNDS.* 

Sec.  1802.  Site.s  lor  piililii"  badi  lumses.— The  board  of  piil)lic 
irnprovcmcnts  is  herein  iuilhurized  ami  direcled  to  coiistnict  two  (ir  more 
fre«»  imhlir  liath  houses  on  sites  seleiied  hy  said  boarii  of  public  improve- 
ments.    (Ord.  lii;{!tl,  sec.  1.  amending  ord.  20820.) 

See  note  to  chapter  heaillnR  In  note  at  foot  of  tills  page. 

Sec.  ISOS.  Public  batli  commission— !uitliority— apiM>iiit- 
iiuMit  of  memhors — t<>rm— no  comiHMisntion.  -The  niaiia<jement, 
direction  and  care  of  all  free  public  i>aths  const  ructcd  and  e(|ui|i|ie(l  b_v  the 
City  of  St.  [,oni»  under  the  term  of  this  I'hapter,  shiill  be  vested  in  a  cora- 
mi-ssion  of  live  members  who  have  been  more  than  thi-ee  veai's  resident.s  of 
the  City  of  St.  Louis,  to  be  known  as  "The  Public  Haths  <'ommissit)U,"  to 
be  appointed  by  the  mayor  to  serve  witliout  com]pensation.  The  commission 
for  the  lirst  year  shall  be  api)ointed  within  thirty  days  after  the  approval 
of  this  ordinance  and  of  the  lirst  commission  ajipointed  by  the  mayor,  two 
members  shall  be  a|i)ioinled  to  serve  until  ncH'ember  thirty  first,  nineteen 
hundred  four,  two  until  Mecember  thirtylirst,  nineteen  Imndred  five,  and 
one  to  .serve  until  December  thirty-first,  nineteen  hundred  si.\.  and  on  or  be- 
fore December  thirty -first  of  the  year  nineteen  hundred  live,  and  of  each 
year  thereafter  the  mayor  shall  make  appointment  to  till  vacancies  as  they 
occur,  and  commissioners  so  apjiointed  shall  serve  for  terms  of  three  years 
each  res|)ectivel3-.     (lb.,  sec.  2.) 

Sec.  1804.  Control  and  oni|>lo\mcnt  of  atttMulants— pow- 
ers of  commission — rojjulations. — The  number  of  attemlants,  the  con- 
ditions of  tiieir  employmeiii  and  ilie  wages  to  be  paid  them,  shall  be  deter- 

•Ord.  21074  provides  for  one  of  the  authorized  free  public  bath  houses,  to  be 
the  South  Market  Free  Public  Bath,  at  the  South  Market;  ord.  22378  provides  for 
another  on  east  side  of  Tenth  street  near  and  north  of  Carr  street:  ord.  22380 
authi>rl7.es  the  construction  by  the  B.  P.  I.  of  a  free  public  swimming  pool  (on 
the  property  leased  In  orO.  21541,  below  referred  to  as  the  Mullanphy  Play- 
Grounds),  under  the  management  of  the  Public  Baths  Commission;  ord.  22924 
directs  the  construction  of  an  outdoor  swimming  pool  at  Eleventh  and  Mullanphy 
streets;  ord.  21827  authorizes  the  Mayor  and  Comptroller  to  buy  two  lots  for 
free  public  baths,  one  of  which  to  be  north  of  Franklin  avenue  and  east  of  Jef- 
ferson avenue,  the  other  south  of  Chouteau  and  east  of  Jefferson;  ord.  21170 
provides  that  the  city  furnish  free  water  to  the  Civic  Improvement  League  for 
free  shon-er  baths  for  the  children  upon  Its  open-air  public  play-grounds;  ord. 
21541  authorizes  the  Mayor  and  Comptroller  to  lease  the  Mullanphy  play-grounds 
at  Tenth  and  Mullanphy  streets  and  adjoining  grounds,  as  free  play-grounds, 
with  haths,  under  the  direction  of  the  Public  Baths  Commission,  etc.,  and  to 
buy  the  o<|ulpment  on  said  grounds;  ord  21108  authorizes  lease  of  a  certain  lot 
to  Civic  Improvement  League  as  an  open-air  play-ground  for  children  In  vicinity 
of  lot;  ord.  22379  provides  for  the  purchase  of  the  property  useil  as  the  open-air 
play-ground.  The  Free  Baths  Commission  and  Its  powers  were  first  created  by 
ord.  20820,  but  this  was  amended  by  ordinance  31391  as  herein  set  forth.  Ord. 
21 103,  providing  for  location  of  one  of  the  baths,  was  repealed  by  ord.  21193. 
Ord.  21796  relates  to  the  World's  Fair  Model  Play  Ground  and  Nursery,  but  the 
conditions  were  not  performed.  Ord.  22541  authorizes  the  Public  Baths  Commis- 
sion. In  conjunction  with  the  Park  Commissioner,  to  recommend  sites  for  small 
parks.  In  pursuance  of  ord.  22366  (bond  ordinances);  ord.  22869.  approved  March 
11.  1907  (too  late  for  this  Code),  provides  for  the  management,  direction  and  care 
of  all  public  playgrounds,  public  baths,  and  public  recreation  buildings,  and  pro- 
vides for  a  commission  for  that  purpose,  to  be  known  as  the  Public  Recreation 
Commission.  (See  Appendix  for  this  ordinance.)  Ord.  23171.  approved  Aug.  19. 
1907,  after  this  Code,  authorizes  the  Public  Rec.  Com.  to  furnish  towels  ond  soap 
for  use  ot  public  bathhouses,  ILxlhg  a  fee  therefor,  designating  the  fund  out  of 
which  the  cost  shall  he  paid.  an<l  makes  It  a  misdemeanor  for  failure  to  return 
rented  towels. 


932  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  23. 

mined  by  the  public  baths  commission,  subject  to  the  approval  of  the  mayor. 
►Said  coiiMiiissiuu  shall  also  determine  and  provide  the  equipment  of  the 
public  baths,  and  the  board  of  public  improvements  shall  provide  for  the 
lettinj,'  of  all  public  work  ui)on  said  i)ublic  baths  as  provided  under  the 
Charter  of  the  City  of  St.  Louis.  The  public  baths  commission  is  hereby 
empowered  to  prescribe  such  rules  and  regulations  as  in  its  judgment  are 
necessary  for  the  successful  operation  of  said  jmblic  baths,      ilh..  sec.  3.) 

See  note  to  chapter  heading,  preceding  page. 


CHAPTER  23. 

OF  PUBLIC  CARRIERS;  AND  THE  LICENSING  OF  VEHICLES.' 

ART.  1.  Of  public  porters. 

II.  Of  rates  of  license  and  regulations  for  vehicles. 

III.  Of  regulations  and  penalties. 

IV.  Of  stands  for  vehicles. 

V.     Of  steam  cars  and  steam  railroads. 
VI.     Of  street  cars  and  street  railways. 

ARTICLE  L 

OF  PUBLIC  PORTERS. 

Sec.  1805.  Public  porters  to  prociu'e  license Any  person  de- 
signing to  exercise  the  business  of  a  public  porter  shall  make  proof  to  the 
mayor  that  he  is  a  man  of  good  moral  character  and  sober  habits,  and.  upon 
obtaining  the  certificate  of  the  mayor  that  such  proof  has  been  made  to  him, 
shall  pay  to  the  license  collector  the  sum  of  two  dollars,  and  execute  to  the 
city  a  bond,  with  sufficient  security,  to  be  approved  by  the  license  collector, 
in  the  sum  of  two  hundred  dollars,  conditioned  for  the  faithful  iterform- 
ance  of  his  duties,  and  the  delivery  of  all  property  and  things  intrusted  to 
him  to  be  transported,  and  the  payment  of  all  damages  which  may  accrue 
to  any  person  by  iiis  negligence  in  the  discharge  of  his  duties  or  his  fail- 
ure or  refusal  to  jicrform  them;  and  the  license  collector  shall  deliver  to 
him  a  license  to  act  as  a  j)ublic  porter  for  one  year,  and  designate  the  num- 
ber which  he  shall  use  in  his  said  business.     ( M.  C.  sec.  1703.) 

Sec.  1806.  Badge,  to  be  •worn. — Kvery  licensed  public  porter  shall 
wear  a  badge,  in  a  conspicuous  place  about  his  person,  on  which  shall  be 
printed  his  name  and  number.     (M.  C.  sec.  1704) 

Sec.  1807.  Rates  of  fare. — Every  licensed  public  jiorter  shall  be 
entitled  to  receive  for  conveying  a  load  on  a  wheelbarrow,  handbarrow  or 
hand  cart,  any  distance  not  exceeding  six  blocks,  twenty  cents;  any  distance 
more  than  six  blocks  at  the  rate  of  twenty  cents  for  six  blocks.  (M.  C. 
see.  1705.) 

•For    the   general    subject   of   licensing   various   occupations,   and    the    subjects 
and  objects  of  license  and  license  taxes,  see  Chap.   31   of  this  Code,   Article  1  to  20. 


I 


AUT.   II.J  OK  VKHICLI-:  LICENSE  AND  REGULATIONS.  933 

Sec.  1808.  Penalty  for  violation  of  duty. — Auy  jmblic  porter 
who  shall  iit'^lcct  or  ri'l'iKsc.  wlien  riMinircd.  to  transport  an\  ai-ticlc.  unless 
such  iMirtcr  shall  ht-  at  the  time  aclually  otiierwisj'  employed,  or  who  shall 
fail  to  wear  the  had^re  jpiovided  lor  in  this  artii-l(>  shall  Ite  deemed  j^nilty 
of  a  inisdenieauor,  aiul  u|k)1i  eoinietiou  lliereof,  be  lined  not  less  thau  one 
nor  more  than  twenty  dollars,     i  .M.  C,  sec.  170G.) 

See.  1809.  liarrow,  rart,  or  l»a«l}>:t' — not  to  be  used  by 
other.s. — Auy  puhlie  imi-Ier  who  shall  suiter  or  permit  any  other  )ierson 
than  liimself  to  earry  any  article  in  his  wheel  or  liandharrow  or  haixh'arl. 
or  to  Weal'  his  liadj;e.  shall  lie  deemed  f^nilty  of  a  misdemeanoi'.  and  u])on 
conviction  thereof,  be  tined  not  less  than  one  nor  more  than  twenty  dollars. 
(M.  ('..  .sec.  1707.) 

ARTICLE  II. 

FOR  RATES  OF  LICENSE  .\ND  REGULATION  FOR  VEHICLES.* 

Sc.  ISin.  License  taxes  on  public  and  private  vehicles— re{?u- 
lalions— t  i  r  e  .h  .  —  There  shall  he  annnally  levied  and  collecled  a  license 
la.x  upon  all  kinds  of  vehicles,  iucludiiij;  bicycles,  tricycles  and  veloci](edes, 
iiseii  in  the  streets  or  ]>ublic  ways  of  the  city  for  trade,  trnflic.  pleasure  or 
any  other  purjio.se,  juiblic  or  private,  exci'pt  vehicles  for  pleasure,  owned  and 
used  l)y  nonresidents  of  the  city,  and  bicycles,  tricycles  and  velocipedes 
owned  and  used  solely  by  children  under  twelve  years  of  age,  the  following 
sums,  to  wit :  On  each  wagon  ov  truck  used  for  hauling  boilers,  engines, 
cable  ropes,  safes  or  ston(\  and  drawn  by  eight  or  more  hor.ses,  thirty  dol- 
lars; on  each  wagon  drawn  by  six  horses,  twenty  dollai-s:  on  each  wagon 
drawn  by  foni-  horses,  lifleen  dollars;  on  each  omnibus  drawn  by  four 
horses,  ten  dollars;  on  each  drag,  tallyho  coach  or  lighted  vehicle  drawn  by 
four  lior.ses,  ten  dollars;  on  each  stage  coacli  drawn  by  four  horses,  ten  dol- 
lars; on  each  wagon  drawn  l)y  three  luirses,  seven  dollars;  on  each  omnibus 
drawn  by  two  horses,  live  dollars;  on  each  wagon  drawn  by  two  horses,  five 
dollars;  on  each  wagiui  or  i-art  di'awn  by  one  horse,  two  dollars;  on  eacli 
hack  or  hackney  cai-riage  drawn  by  two  horses,  live  dollars;  on  each  ba- 
rouche, drag,  coach,  couije,  rockaway.  surrey,  wagon,  landau,  or  other  like 
\ehicle  drawn  by  two  hoi-ses,  three  dollars;  on  each  cab  drawn  by  one  horse, 
two  dollars  and  fifty  cents;  on  each  barouche  drawn  by  one  horse,  two  dol- 
lars and  lifty  cents;  on  each  four-passenger  surrey  drawn  by  one  horse,  two 
dollars;  on  each  fonrpas.senger  park  wagon  drawn  by  one  horse,  two  dol- 
lars; on  «>ach  buggy,  one  dollar  and  fifty  cents;  on  each  driving  cart  or  sulky, 
one  liollar  and  lifty  cents;  on  each  bicycle,  tricycle  or  velocipede,  one  dollar; 
on  each  vehicle  not  specifically  meiiiioned,  one  dollar  and  lifty  cents. 


-V- 


•I'mi  iii^iii  !■.  iiii|M.>.  \.in.  I.  i.iA  and  rofriilatc  width  of  tires,  etc..  rcsriilntc 
fare.s  for  carriage,  etc..  see  Charter.  Art.  III.  sec.  '26,  clause  a.  and  notes  thereto. 
The  validity  of  license  taxes  under  the  Charter  on  vehicles,  public  and  private, 
for  usInK  the  stri'-'t.s.  was  upheld  In  (amongst  other  cases)  St.  Lnuls  vs.  Green. 
7  Mo.  App.  \6S  (affirmed  on  this  point  In  s.  c.  70  Mo.  562).  with  a  full  discussion 
of  the  powers  of  the  city  under  the  charter.  See  also  St.  Louis  vs.  Weltzel.  130 
Mo.  600.  holding  likewise,  the  court  saying,  on  p.  619:  "Under  Its  charter  powers 
the  city  may  le\-y  these  taxes:  Finl,  a  tax  on  property.  Srconii,  a  vehicle  tax 
for  use  of  the  street!".  Th$rd.  a  tax  on  the  business."  all  at  the  same  time.  Buf 
under  charter  authority  to  license,  tax  and  regulate  certain  vehicles  which  are  all 
of  a  class  doing  public  business,  "and  other  vehicles."  will  not  authorize  a  license 
tax  on  private  vehicles:  St.  Louis  vs.  Grone,  46  Mo.  574;  Hannibal  vs.  Price.  29 
Mo.    .\pp.    2S0. 

But  no  license  tax  can  be  required  of  non-residents:  St.  Charles  vs.  Nolle.  51 
Mo.  122.     (Sec  sec.  1813  of  Rev.  Code.) 

A  sprinkling  cart  Is  a  "public  vehicle"  when  used  to  sprinkle  the  streets  for 
pay.  and  subject  to  the  tax:     St.  Louis  vs.  Woodruff,  71   Mo.   92. 


934  KEVISKD  CODE  OR  GENKRAL  ORDINANCES.  [CHAP,  23. 

Provided,  that  from  and  after  tbe  first  day  of  January,  eighteen  hun- 
dred and  ninet.T-nine,  no  vehicle  of  any  kind  or  descrij)tion  shall  be  used  on 
the  streets  of  this  city  for  any  pui-pose  whatever,  unless  all  the  wheels  of 
such  vehicles  shall  be  constructed  with  a  width  of  tire  corresponding  to  the 
size  of  axle  on  the  following  scale,  to  wit: 

IRON    OE   STEEL   AXLES. 

Vehicles  having  axles  of  iron  or  steel,  the  wheel  shall  have  width  of 
tires  as  follows,  to  wit:  If  the  axle  is  of  a  width  of  thickness  or  diameter 
of  one  and  one-fourth  inches,  the  tires  must  be  at  least  one  and  one-fourth 
inches  wide;  if  the  axle  is  of  a  width  or  thickness  or  diameter  of  one  and 
three-eighths  inches,  the  tire  must  be  at  least  one  and  one-half  inches  wide; 
if  the  axle  is  of  a  width  or  thickness  or  diameter  of  one  and  one-half  inches, 
the  tire  must  be  at  least  one  and  three-fourths  inches  wide;  if  the  axle  is  of 
a  width  or  thickness  or  diameter  of  one  and  five-eighths  inches,  the  tire  must 
be  at  least  two  inches  wide;  if  the  axle  is  of  width  or  thickness  or  diameter 
of  one  and  three-fourths  inches,  the  tire  must  be  at  least  two  and  oue-fourth 
inches  wide;  if  the  axle  is  of  a  width  or  thickness  or  diameter  of  one  and 
seven-eighths  inches  the  tire  must  at  least  be  two  and  one-half  inches  wide; 
if  the  axle  is  of  a  width  or  thickness  or  diameter  of  two  inches,  the  tire 
must  be  at  least  two  and  three-fourths  inches  wide;  if  the  axle  is  of  a  width 
or  thickness  or  diameter  of  two  and  one-eighth  inches,  the  tire  must  be  at 
least  three  inches  wide;  if  the  axle  is  of  a  width  of  thickness  or  diameter 
of  two  and  one-fourth  iuches,  the  tires  must  be  at  least  three  and  one-half 
inches  wide;  if  the  axle  is  of  a  width  or  thickness  or  diameter  of  two  and 
one-half  inches,  the  tires  must  be  at  least  four  inches  wide ;  if  the  axle  is  of 
a  width  or  thickness  or  diameter  of  two  and  three-fourths  inches,  the  tires 
must  be  at  least  four  and  one-hdlf  inches  wide;  if  the  axle  is  of  a  width  or 
thickness  or  diameter  of  three  inches,  the  tires  must  be  at  least  five  inches 
wide;  if  the  axle  is  of  a  width  or  thickness  or  diameter  of  three  and  one- 
half  inches,  the  tires  must  be  at  least  five  and  oue-half  inches  wide;  if  the 
axle  is  of  a  width  or  thickness  or  diameter  of  four  inches,  the  tires  must  be 
at  least  six  inches  wide. 

WOODEN    AXLES. 

Vehicles  having  axles  of  wood  shall  have  widths  of  tires  as  follows,  to 
wit:  If  the  axle  is  of  a  width  or  thickness  of  three  and  one-half  inches, 
the  tires  must  be  at  least  two  and  one-half  inches  wide;  if  the  axle  is  of  a 
width  or  thickness  of  three  and  three-fourths  inches,  the  tire  must  be  at 
least  two  and  three-fourths  inches  wide;  if  the  axle  is  of  a  width  or  thick- 
ness of  four  and  one-quarter  inches,  the  tires  must  be  at  least  three  and 
one-half  inches  wide;  if  the  axle  is  of  a  width  or  thickness  of  four  and  one- 
half  inches,  the  tires  must  be  at  least  four  and  one-half  inches  wide;  if  the 
axle  is  of  a  width  or  thickness  of  five  inches,  the  tire  must  be  at  least  five 
inches  wide;  if  the  axle  is  of  a  width  or  thickness  of  five  and  one-half  inches, 
the  tires  must  be  at  least  five  and  one-half  inches  wide;  if  the  axle  is  of  a 
width  or  thickness  of  six  inches,  the  tires  must  be  at  least  six  inches  wide. 

MISCELLANEOUS. 

Trucks  used  for  hauling  boilers  or  engines,  safes  or  dimension  stones, 
shall  have  tires  at  least  six  inches  wide,  and  those  used  for  hauling  cable 
rope  shall  have  tires  at  least  eight  inches  wide,  and  such  trucks  shall  be 
constructed  with  axles  of  such  lengths  that  the  hind  wheels  shall  be  placed 
at  least  eight  inches  further  apart  than  the  front  wheels  thereof.  Drays 
shall  have  tires  at  least  four  inches  wide.  All  carts  used  for  sprinkling,  of 
the  streets,  public  ways  or  park  ways,  shall  have  tires  at  least  six  inches 
wide.     If  any  axle,  iron,  steel  or  wooden,  is  of  a  width  or  thickness  or  di- 


A1:T    II.  1  OF  VEIIICLK  UCIINSl-:  AND   KKGIUATIONS.  935 

aineter  cxwcdin;;  oiic  aiiil  mir  lomili  ini'lies  aiiil  slmll  lie  df  m  (liilVrciit 
ttiickut'ss,  widtli  or  (liaiiicicr  than  tliosc  (Ifscrilicil  in  lliis  onliiiaiKx-  (arti- 
do),  then  the  tiri's  dt'  smli  vcliicli's  usiii^  such  axle  shall  be  in  cuufonuity 
wiih  the  next  larjrer  axle  iu  diaiuoter. 

EXCEPTIONS. 

rrovidod,  further,  luiwever.  that  auy  vehicle  having  rubber  tires  on  all 
its  wheels  shall  uul  lie  re(|uire(l  to  confonn  to  the  above  rule  as  *'\  width  of 
tiies. 

EXEMPTIONS. 

\n\  vehicle  which  shall,  prior  lo  Ihe  lirsi  da_\  ol'  -laiinary,  eighteen 
liundred  and  ninetv-nine.  be  made  to  conform  in  res])ect  to  its  tires  to  the 
rei|uiremeuts  and  provisions  hereof,  shall  from  tlie  date  when  (he  use  of 
such  tires  begin,  and  so  long  as  such  use  continues  until  said  first  day  of 
.lannary,  eighteen  hundred  and  ninety-nine,  be  exempt  from  payment  of 
Ihe  license  tax  prescribed  by  this  seclion.  but  from  and  after  said  date  all 
\('hicles  shall  be  subject  to  the  provisions  of  this  section,  and  it  shall  be 
unlawful  to  use  on  the  streets  or  public  ways  of  the  city  after  said  first 
day  of  .January,  eighteen  hundred  and  ninety-nine,  any  vehicle  unless  the 
tires  of  such  vehicle  conform  to  the  requirements  hereof. 

SWOUN    STATEMENT   REQUIRED. 

Kroni  and  after  the  taking  effect  hereof,  no  license  shall  be  issued  for 
any  vehicle  except  on  the  sworn  statement  of  the  applicant  showing  tlie 
width  or  tliickness  or  diameter  of  the  axle  and  the  wi(lth  of  the  tires  of  the 
veliicle  for  which  such  license  is  to  be  tised.  and  after  said  first  day  of  Jan- 
uary, eighteen  hundred  and  ninetyiiin(>.  such  sworn  statement  shall  show 
a  compliance  with  Ihe  provisions  of  this  section. 

DOUBLE  TAX — PENALTY. 

The  annual  license  lax  herein  provided  shall  be  doubleil  on  the  first 
day  of  April  of  each  year  for  every  license  not  issued  and  paid  for  before 
said  day,  and  any  person  or  persons,  partnership  or  cor[»oratiou.  who  shall 
after  the  first  ilay  of  June  of  each  year,  drive  or  use.  or  permit  or  cause  to 
be  driven  or  used,  on  any  of  the  streets  or  ]inblic  jilaces  of  the  City  of  St. 
I.ouis,  any  unlicensed  vehicle,  shall  be  deemeil  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof.  sh;ill  in  aildition  to  all  other  jieiialfies  and  re- 
ipiireineiits.  be  fined  as  in  this  section  hereinafter  provided  for  the  violation 

hereof. 

PENALTY. 

.Vny  ])ei-son  violating  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined 
not  less  than  ten  dollars  nor  more  than  two  hundred  dollars,  and  each  day's 
violation  hereof  shall  Ite  and  conslilute  a  separate  olTense. 

VEIIIfLE    INSPECTORS — SALARIES — DITTY. 

Immediately  after  the  pa.s.sage  of  this  ordinance  there  shall  be  ap- 
pointed by  the  license  commissioner  [now  license  collector]  four  ilejiuties. 
Ill  Ik-  known  as  inspectors  of  vehicles  who  shall  each  be  paid  a  salary  of  nine 
hundred  dollars  a  year.  It  shall  be  the  duty  of  .said  inspectors  to  ascertain 
whether  the  ordinances  of  the  city  relating  to  vehicles  ami  to  license  taxes 
on  vehicles  are  observed,  and  to  report  any  violation  of  the  same,  and  gen- 
erally lo  aid  the  license  commissioner  [now  license  collector]  in  the  collec- 


936  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  23. 

tion  of  the  vehicle  license  and  in  the  enforcement  of  the  ordinances  relating 
to  vehicles,  and  under  the  direction  of  the  license  commissioner  [now  license 
collector]  to  report  to  the  city  attorney  all  cases  of  violation  of  said  ordi- 
nances, and  to  aid  him  in  the  prosecution  of  the  violation  of  said  ordinances, 
and  perform  such  other  duties  as  the  license  commissioner  [now  license  col- 
lector] may  direct. 

LICENSE    PLATE. 

The  license  plate  for  bicycles,  tricycles  and  velocipedes  shall  be  of  the 
size  and  form  prescribed  by  the  register,  and  shall  be  attached  to  the  front 
part  of  the  steering  head  at  a  point  above  the  front  fork.     (M.  C,  sec.  1708.) 

See  note  to  heading  of  this  article,  supra.  The  city  may  require  a  license 
plate  to  be  attached  to  a  vehicle  for  use  in  a  particular  occupation,  notwith- 
standing such  vehicle  already  has  a  license  plate  for  street  use  attached,  and 
the  reasonable  expense  may  be  charged:     St.   Louis  vs.   Weitzel,   130  Mo.   600. 

8ec.  1811,  License  tax  on  aiitoniobiles  and  other  liorseles.s  ve- 
hicles.— There  shall  be  annually  levied  and  collected  on  all  kinds  of  auto- 
luoliiles  and  locomobiles  and  (in  all  horseless  vehicles  projielled  oi-  iiiovcd  by 
the  use  of  electricity,  gasoline,  steam  or  other  artificial  jiower,  by  whatever 
name  said  vehicles  may  be  known,  and  whether  used  for  purposes  of  busi- 
ness or  pleasure,  a  license  tax  of  ten  dollars  on  each  such  vehicle.  (Ord. 
2().i30. ) 

But  see  next  section.  Under  the  state  law  of  1903  (.A.cts  1903,  p.  162),  the 
owner  of  an  automobile  was  required  to  take  out  a  license  in  each  county  over 
whose  roads  he  runs  the  same:  State  vs.  Cobb,  113  Mo.  App.  156.  But  under 
the  new  act  of  1907,  the  city  is  authorized  to  require  a  license  of  such  owners 
of  automobiles  as  reside  therein,  and  (on  complying  with  the  state  law)  no  other 
licenses  can  be  required  anywhere  in  the  state:     Acts  1907.  p.   78,  sec.   19. 

Sec.  1812.  License  tax  on  motor  cycles,  bicycles,  etc. — There 
shall  be  annually  levied  and  collected  on  all  kinds  of  motor  cycles,  motor- 
bicycles,  by  whatever  name  said  vehicles  may  be  known,  and  whether  used 
for  purposes  of  business  or  pleasure,  a  license  tax  of  two  dollars  on  each 
such  motor  cycle,     (Ord.  221til.) 

Sec.  1813.  Vehicles  exempt. — The  jirovisions  of  the  foregoing  sec- 
tions of  this  article  shall  not  be  so  construed  as  to  embrace  private  buggies, 
barouches  and  carriages  belonging  to  persons  living  outside  the  city  and 
used  for  private  purposes  only.     (M.  C.  sec.  1709.) 

Sec.  1810.  sufra.  was  the  section  immediately  preceding  this  one  in  the  Mun. 
Code,  there  numbered  sec.  1708.  And  section  [R.  C.  1813]  was  section  1709  in 
the  Mun.  Code  immediately  following,  and  read  so  as  to  exempt  only  "the  fore- 
going section"  so  as  to  strictly  refer  only  to  what  is  now  1810.  But  the  Mu- 
nicipal Assembly  passed  ordinances  20530  and  22161  after  the  Mun.  Code  and 
carefully  enacted  that  the  same  should  be  inserted  in  the  Mun.  Code  between 
1708  and  1709,  and  should  be  known,  respectively,  as  1708a  [now  1811]  and  1708b. 
Hence  present  section  1813  is  placed  after  the  former  two  and  the  wording 
changed  slightly,  so  as  not  to  render  it  meaningless  because  of  the  insertion  of 
two    new    sections. 

Vehicles  of  non-residents  cannot  be  taxed:  See  St.  Charles  vs.  Nolle.  51  Mo. 
122. 

Sec.    1814.     Rejaristered  nnmber,  how  kept— penalties.— There 

shall  be  placed  and  kejtt  cons]iicuously  to  view  on  every  vehicle  mentioned 
in  this  article,  the  registered  number  of  such  vehicle,  so  that  the  same  can 
easily  be  read  fi-om  the  sidewalk.  Such  numbers  shall  be  in  plain,  distinct 
and  legible  figures,  each  jdate  to  be  not  less  than  one,  two  or  three  inches 


ART.   II  ]  OF  VEHICLE  LICENSE  AND  REGULATIONS.  937 

in  widtli.  ami  [ilaciMl  on  cucli  vcliicic  in  I  he  I'dIIow  iiij;  manner:  On  draya 
anil  carts,  ilic  niinilicr  sliall  lir  cast  on  nu'ialli<-  plaics  and  jdaci'd  i>n  tlie 
onter  side  of  iIll'  ri;;lit  shaft  tliroc  inclit's  in  I'i'ont  of  tlic  liodv  or  lied  of  the 
rart  of  tlic  dfay;  on  wa}j;ons,  the  nundici-s  shall  Ir'  cast  on  nictallic  [dates, 
and  idact'd  on  the  liind  axle,  or  where  a  body  is  used  ou  sncli  \va};ons,  said 
nnmtiers  shall  be  plaeed  on  the  ri<il»t  outer  aide  tliei-eof ;  on  ba};>;a};e  \va<i;on8 
and  fufiiitufe  cars,  the  unndiei-  shall  be  cast  or  {tainted  on  metallic  j)lates, 
anil  placed  on  the  rifiht  outer  side  of  the  body:  on  hackney  carfiajies  and 
cabs  that  occupy  stands,  the  number  shall  be  jpainted  on  the  oulef  ^rlass  of 
the  lamps  in  red  color  not  less  than  two  inches  in  lenjith;  and  on  omnibuses, 
the  number  shall  be  placed  on  some  conspictious  jilace  on  the  rijj;ht  outer 
side  of  the  body  thereof,  so  that  it  can  be  easily  read  from  the  sidewalk; 
and  on  ]»rivate  carriafjjes,  barouches  iind  bu;;};ies.  the  numbers  shall  be  east 
or  painted  on  neat  metallic  plates,  and  jilaced  u])on  said  vehicles  upon  the 
sprinj:  bar  [or  foot  board*]  or  rear  end  of  said  \iliii  les,  or  owners  of 
vehicles  so  desii'inj;  it  may  |>lace  the  number  jdate  on  the  outer  side  of  the 
trace  of  the  otV  horse,  not  more  than  ten  inches  from  the  collar  of  the  horse, 
the  same  to  be  ke]»t  consiiicuoiisly  in  view.  I'aiiilinji  or  covering;  over  the 
plates,  or  placing  the  plate  upon  any  other  vehicle  than  the  one  for  which 
the  same  was  issued,  except  as  hereinafter  provided,  will  be  deemed  a  misde- 
meanor, and  upon  conviction,  the  owner  of  the  xehicle  shall  be  fined  as  ]>ra- 
vided  in  .section  ei;;hteen  hundred  and  thirty  one.  A  copy  of  this  section  shall 
be  furnished  by  the  license  commissioner  [license  collector]  to  each  and 
evei-y  person  takin<i  out  a  license  under  the  jirovisions  of  this  article;  pro- 
vided, any  person  or  persons  who  shall  be  the  owner  or  owners  of  more  than 
one  vehicle  beloiifxinj;  to  either  class  aforesaid,  and  who  shall  use  but  one  of 
said  vehicles  at  any  one  time  ujion  the  stnvts  of  the  city,  and  who  shall  have 
complied  with  the  provisi(Mis  of  this  article,  and  in  accordance  therewith 
paid  his  license  under  said  dassilication,  shall  be  permitted  to  place  the 
number  of  said  license  njion  the  harness  of  the  horse  or  horses  ijilended  to 
t)e  u.sed  in  connection  with  said  vehicle  and  a  rej;istered  number  of  a  hijiher 
>;rade  may  be  issued  on  or  for  a  vehicle  taxed  for  a  less  amount  by  the  same 
jKM-son ;  and  provided  further,  [that  all  vehicles  kejtt  at  hotels  for  the  use 
(tf  hotel  jiatrons  shall  be  exemi>t  from  the  provisions  of  this  section;  and*] 
that  all  vehicles  belonj;in^  to  the  City  of  St.  Louis,  or  claimed  as  exempt 
from  licen.se  by  reason  of  beinj;  in  the  service  of  the  city,  shall  have  the  word 
"city"  painted  on  both  sides  of  the  outside  of  the  bed  or  body  of  said  vehicle. 
(M.C..  sec.  171(1.) 

•Those  parts  of  above  section  1S14  na  nre  enclosed  In  hrnokets  were  not  en- 
acted with  the  RevLsed  Code,  but  nre  amendments  to  the  old  section,  enacted  In 
ordinance  22899,  approved  March  13.  1907.  after  the  revision  ordinance  had  been 
Introduced  and  while  it  was  pending,  and  hence  was  not  included  therein. 

S.  I-,  isi.'j.  l*lat«'s  with  nuiuhors— l»y  wlioni  furnisJuMl — liow 
furni.Hlu'cl.  — The  re;;isier  shall  furnish  the  metallic  plates  in  ilie  license 
[collect«)r].  who  shall  issue  them  without  charge  to  the  ajiidicaiit  for  license, 
on  such  vehicles  as  are  reipiired  to  have  the  number  on  metallic  ])latcs.  and 
I  he  ti;;iires  sliall  be  ca.se  upon  plates  and  raised  so  a.s  to  be  easily  distin- 
;;iiished.  The  metallic  plates  shall  be  punched  or  jierfoi-ated  in  such  a  man- 
ner that  they  may  be  fastened  with  wood  screws  on  the  vehicle  or  with 
leather  strajis  to  the  trace  of  the  harness.     (M.  C.  sec.  1711.) 

Penalty  for  usIOK  stolen,  counterfeit  or  unauthorized  license  plate,  see  R.  C. 
1S18. 

Sec.  ISlt).  Iiic-<MIH<>  «'oll<M-for— duty  of. —  It  shall  be  the  duty  of  the 
licen.«te  commi.ssioner   [now   licen.se  collect(U-|    when   the  annual   t;ix  of  any 


938  REVISED  CODE  6r  GENERAL  ORDIN.\NCES.  [CHAP.  23. 

vehicle  mentioned  in  this  article  has  been  paid,  to  register  the  same,  and 
give  the  partv  applving  for  the  license  the  number  to  be  put  thereon.  (M. 
C,  sec.  1712.) 

See.  1817.  Bond  to  be  given — coiiditions. — [Tbt-  i)urty  applying 
for  a  licen.se  for  a  public  vehicle  shall,  before  the  same  shall  be  issued,  enter 
into  a  bond  with  the  city,  with  sufficient  security,  to  be  approved  by  the 
license  [collector],  in  a  sum  not  less  than  three  hundred  dollars,  conditioned 
for  the  safe  delivery  of  all  property  delivered  to  him,  or  his  servant  or  agent, 
to  be  conveyed,  and  for  the  payment  of  all  damages  which  may  accrue  to 
auy  ])ersou  by  his  negligence  or  that  of  his  servants,  agents  or  employes,  in 
and  about  the  use  and  management  of  the  vehicle  licensed,  and  the  said 
bond  may  be  sued  upon  in  the  name  of  the  citj-  by  any  person  injured  by  a 
breach  of  the  conditions  thereof.]      i  M.  ('..  sec.  1713.) 

These  provisions  in  sec.  1S17-1S20,  relating  to  bonds,  were  of  doubtful  validity, 
and  they  are  all  repealed  by  ordinance  No.  22.595,  approved  Oct.  15,  1906,  too  late 
to  be  omitted  from  this  revision  ordinance,  which  was  submitted  to  the  Assemblj' 
prior  thereto. 

See.  1818.  Additioii.ll  bond  reqnii'ed [Whenever  applica- 
tion is  made  to  the  license  collector  l)y  the  owner  of  any  baggage  wagon  or 
hackney  carriage  [or  other  vehicle,]  for  a  license,  and  bond  shall  have  been 
given  by  such  person  as  i»rovided  in  the  preceding  section,  the  license  col- 
lector shall,  before  issuing  the  license  to  such  person,  certify  to  one  of  the 
police  justices  the  name  of  the  person  applying  for  the  license,  the  kind  of 
vehicle,  and  the  number  thereon,  and  such  person  shall  enter  into  additional 
bond,  with  good  and  sufficient  security,  to  be  approved  by  the  police  justice, 
in  a  sum  not  less  than  one  hundred  dollars,  conditioned,  that  he  will  strictly 
observe  and  abide  by  all  requirements,  provisions  and  penalties  of  this  ai*- 
ticle;  and  the  police  justice,  after  approval  thereof,  shall  transmit  said  bond 
to  the  license  collector,  who  shall  file  the  same  in  his  office,  whereupon  the 
license  collector  may  issue  the  license  to  such  person.]      (M.  C.  sec.  1714.) 

Repealed.  See  preceding  note.  But  apparently  in  ignorance  of  the  repeal, 
and  not  noticing  the  same,  an  amendment  was  sought  to  be  made  by  ordinance 
22S99.  approved  March  13.  1907,  by  adding  the  words,  "or  other  vehicle."  above 
indicated   in    brackets.      Ord.    22899    is    therefore,    it   seems,   of   no   validity. 

Sec.  1819.     Form   of   bond. — [Such  bond  may  be  in  the  following 

form  :     Know  all  men  by  these  presents,  that  we as  principal,  and 

....  as  security,  acknowledge  ourselves  indebted  to  the  City  of  St,  Louis, 
in  the  sum  of  . . , ,  dollars,  to  be  levied  of  our  goods  and  chattels  and  tene- 
ments, and  for  the  payment  of  which,  well  and  truly  to  be  made,  we  bind 
ourselves,  our  heirs,  executors  and  administrators,  firmly  by  these  presents. 
The  condition  of  the  above  obligation  is  such,  that  whereas  the  above 
bounden   ....  has  this  day  apjilied  to  the  license  collector  to  be  numbered 

as  the thereof,    Now,  if  the  said  ,  . . .  shall  strictly  observe  and  abide 

by  the  requirements,  provisions  and  penalties  of  the  ordinance  under  which 
lie  is  to  be  licensed  as  the  ....  of  said  vehicle,  then  this  obligation  is  to  be 
null  and  void;  otherwise  to  remain  in  full  force  and  effect  in  law.  In  testi- 
mony whereof,  we  have  hereunto  set  our  hands  and  seals,  this  ,  . .  .  day  of 
'  A.  D.  nineteen  hundred ,  police  justice.]      (M.  C,  sec.  1715.) 

Repealed:      See   note   to   sec.    1817. 

Sec.  1820,  [Bond— wben  may  be  declared  forfeite«l— pen- 
alties. — Any  person,  the  owner  or  driver  of  any  public  vehicle,  as  provided 
herein,  who  shall  be  convicted  of  violation  of  any  of  the  provisions  of  this 


AKT.   II.)  OF  VKllICLK  LICICNSK  AND   RKGl'LATIONS.  939 

article,  sliall  snllVi-  tlu'  liiu's  aiul  jn'iialtios  as  set  fortli  ami  iirovi(l(Ml,  tlicrein, 
ami  the  piilice  justice  iiiav,  in  addition,  declare  his  liond  forfeited,  give 
judjiiiient'for  tlie  fall  amount  of  bond,  afjainst  the  principal  and  his  security, 
and  issue  execution  thereon.  Tiie  police  justice  shall  dii-ect  the  execution  to 
the  marshal,  commanding  him  forthwith  to  levv  (he  same  of  the  piods  and 
chaliels  of  the  defendant,  and  his  securit.v,  within  the  City  of  St.  Limis. 
and  expose  the  same  for  sale.  aij;reeahly  to  law.  .Vnd  the  marsiial  shall  make 
return  of  the  execution  to  the  police  justice,  with  his  return  thereon  in- 
dorsed, how  he  executed  the  same,  within  thirty  days  from  its  date;  and  in 
all  cases  where  the  police  justice  has  declared  any  bond  forfeited,  and  given 
judgment  thereon,  as  herein  provided,  he  shall  have  linal  jurisdiction,  and 
all  these  eases  shall  he  tried  and  disposed  of  in  a  summary  manner,  without 
delay,  and  upon  the  (irst  apiiearance  of  parties  in  court.  |    (  .M.  ('.,  sec.  ITUi.) 

Ropealoil:      Sou   note   to   .sue.    1S17. 

See.  lf<21.  Vi'liirh'.s  subject  t<>  license — returns  («»  !»«'  made 
— penalty — exceptions.- -livery  keeper,  owner,  proiii-ieior  or  agent  of 
any  li\ery  oi-  lioarding  stalile.  and  the  owner  or  owners  of  all  vehich-s.  shall 
in  January  «d'  each  year  state  under  oath  to  the  license  collector  how  many 
vehicles  of  every  description  are  owned,  used  or  kept  by  him  or  them,  and  the 
licen.se  collector  may  examine  every  such  person  on  oath  touching  the  num- 
Imm-  of  such  vehicle  owned,  used  or  kept  by  him  during  the  year  next  pre- 
ceding the  date  of  making  such  statement,  and  also  the  number  owned,  used 
or  kept  by  him  or  them,  at  the  time  of  making  such  statement;  and  if  it 
shall  appear  to  the  license  collector  that  any  person  has,  at  any  time  during 
said  year,  owned,  vised  or  kei)t  a  greater  number  of  such  vehicles  than  the 
number  upon  which  he  shall  have  i)aid  the  license  re(|uired  by  ludinance, 
the  license  cidlector  shall  forthwith  institute  jiroceedings  to  recover  from 
such  person  or  persons  the  amount  of  such  license,  together  with  all  the 
[tenalties  and  costs  prescribed  by  this  article;  provided,  that  a  person  who 
jiurchases  a  vehicle  subsequent  to  the  first  day  of  April  shall  not  be  subject 
to  any  penalties  in  regard  to  such  vehicles  if  he  takes  out  a  license  thereon 
before  using  such  vehicle  on  the  streets.  And  should  the  licen.M'  collector  at 
any  time  lind  that  any  party  has  made  any  false  statements  under  oath  as 
to  matters  einbraccfi  within  the  jirovisions  of  this  article,  it  shall  l)e  the  duty 
of  the  license  collector  to  forthwith  report  the  same  to  the  circuit  attorney 
for  his  action  thereon.     (M.  C,  sec.  1717.) 

Sec.  1.S22.     Vehicles — lig^lits  at   nigrht— i>enalty   for  vi(»Iation. 

— On  every  hackiie.v  carriage,  cab  nv  cihiiulet.  when  driven  in  the  night, 
shall  have  [be]  fixed  on  some  conspicuous  part  of  the  outer  side  thereof,  two 
lighted  lamps,  with  i)lain  gla.ss  front  and  sides,  on  which  shall  be  painted 
in  red  and  legible  tigures,  at  least  one  inch  long,  the  registry  number  thereof. 
All  omnibuses,  when  driven  in  the  night,  shall  have  lighted  lamps  oi'  can- 
dles inside  thereof,  with  number  of  said  omnibus  in  front  of  said  lamp  or 
liglit.  .Ml  wagons,  trucks,  automobiles,  bicycles  and  all  other  wheeled  ve- 
hicles [except  as  below  speciiied],  while  in  use  on  the  streets  at  night,  shall 
display  one  or  more  lights  or  lanterns.  [All  trucks,  wagons  or  other  ve- 
liicles  intended  for  heavy  hauling,  and  whose  onlinary  use  is  during  the 
daylight  hours,  shall  while  in  use  on  tlie  sti-eets  at  night,  display  t>ne  or 
nu)re  lights  iH'tween  the  hours  of  eight  ]).  m.  and  five  a.  m.]  .\  tine  of  not 
less  than  live  nor  more  than  twenlylivt>  dollars  shall  be  assessed  for  a  vio- 
lation of  any  of  the  provisions  of  this  section.  i(>i-cl.  "Jl  JTl  and  llL'Slt'.i. 
ameniling  M.  C,  sec.  1718.) 

Amondod  by  ord.  32ST3.  approved  Nov.  15,  1906.  and  No.  22899.  approvpd  March 

13.    1907.   too   lotc   to  appi-iir   In    tho    Rrvlaed   Code.      Soo      Appendix.     Tin-   ii ..i.  .| 

portions  are  Indicated   by    being  Inclosed   In  brackets  to  sec.   1822  above. 

As  to  IlKhts  on  automobile!!    '■'-•  -•  -     ''■■•; 


940  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  23. 

Sec.  1823.     Rates    of    fare   allowed — for  hackney    carriage. 

— For  the  use  of  any  hackney  carriajje  licensed  as  aforesaid  the  owner  shall 
be  entitled  to  charge,  demand  and  receive  the  following  compensation,  and 
no  more:  For  conveying  one  or  more  passengers  a  distance  of  not  exceeding 
one  mile,  one  dollar,  and  every  additional  mile  fifty  cents;  all  public  hackney 
carriages  shall  be  entitled  to  charge  and  collect  one  dollar  and  tift^'  cents 
for  the  first  hour,  and  one  dollar  for  each  additional  hour.  (M.  C.  sec. 
1719.) 

For  Charter  authority  to  fix  rates,  see  Charter.  Art.  Ill,  sec.  26.  clause  5. 

Sec.  1824.     Same— for  cab   or   one-horse  vehicle. — For  use  of 

any  cab  or  cabriolet  or  one-horse  vehicle  licensed  as  aforesaid  the  owner  shall 
be  entitled  to  charge,  demand  and  receive  the  following  compensation,  and 
no  more:  For  one  mile  or  less,  for  each  passenger,  twenty-five  cents;  for 
each  additional  mile,  for  one  or  two  passengers,  twenty-five  cents;  for  an 
additional  one-half  mile  after  the  first  mile,  fifteen  cents  for  one  or  two 
passengers;  for  the  first  stop  of  five  minutes  no  charge  shall  be  made;  for 
any  subsequent  stop  ten  cents  shall  be  charged  for  each  ten  minutes  or 
part  thereof;  for  any  package  too  large  to  carry  inside,  ten  cents;  for  one 
or  two  persons  within  the  limits  of  three  miles  from  the  court-house,  seventy- 
five  cents  per  hour;  for  each  quarter  of  an  hour  additional  or  fraction 
thereof,  twenty  cents;  for  one  or  two  persons  outside  of  said  three-mile 
limit,  one  dollar  per  hour;  for  each  quarter  of  an  hour  additional  or  frac- 
tion thereof,  twenty-five  cents;  for  a  continuous  stop  of  one-half  hour  or 
more  when  carrying  any  jterson  at  the  last  named  rate,  seventy-five  cents 
per  hour  may  be  charged  while  waiting.     (M.  C,  sec.  1720.) 

See.  1825.  Kates  by  hour  for  cabs,  etc. — In  all  engagements 
made  by  the  hour  of  said  cabs,  cabriolet  or  one-horse  vehicles,  when  dis- 
(  barged  more  than  a  half  mile  from  the  stand  from  which  they  start,  the 
time  necessary  to  return  thereto  shall  be  charged  for  at  the  rate  of  seventy- 
five  cents  or  one  dollar  per  hour,  as  the  case  may  be.     (M.  C,  sec.  1721.1 

See.  1826.  When  rates  may  be  doubled. — The  above  rates  for 
all  services  between  twelve  o'clock  midnight  and  six  o'clock  a.  m.  may  be 
doubled.     (M.  C,  sec.  1722.) 

Sec.  1827.     Postinfj;    of     rates     reqiiired    in    cabs,    etc — The 

above  rates  and  conditions  must  be  jiosted  in  plain,  legible  type,  in  a  con- 
spicuous place  in  every  cab,  cabriolet  or  one-horse  vehicle  aforesaid,  and  the 
driver  thereof  shall  be  provided  with  printed  slips  bearing  the  name  of  the 
owner  of  the  vehicle,  the  number  of  it  and  the  rates  of  fare,  and  shall  deliver 
one  to  each  passenger  on  his  first  entry  into  the  vehicle.     (M.  C,  sec.  1723.) 

Sec.  1828.  Omnibus  rates  to  stations. — The  owner  or  driver  of 
any  omnibus  licen-sed  to  run  to  the  several  railroad  depots,  hauling  passen- 
gers to  and  from  such  raili-oad  dejiots  within  the  city  limits,  shall  be  en- 
titled to  demand  and  receive  no  more  than  fifty  cents  for  each  passenger  and 
ordinary  baggage,  and  shall  convey  such  passengers  to  any  part  of  the  city, 
within  the  Jimits  defined  as  follows:  Ilebert  street  on  the  north.  Arsenal 
street  on  the  south.  Grand  avenue  on  the  west  and  the  river  on  the  east, 
in  any  direction  fi-om  said  railroad  depot  he  or  they  may  require.  The  owner 
or  driver  of  any  baggage  wagon  shall  be  entitled  to  demand  and  receive  for 
ten  blocks,  fifty  cents;  for  any  distance  over  ten  blocks  shall  be  according  to 
agreement,  if  there  is  no  agreement,  the  charge  shall  be  at  the  rate  of  fifty 
cents  for  every  ten  blocks.     (^I.  C,  sec.  1724.) 


ART.   II.]  OF  VEHICLE  LICENSE  AND   REGULATIONS.  941 

Sw.  1829.  Fiiriiiturt'  car  ralt's.  The  kwikt  or  ilrivcr  of  ;iii,v  li- 
renscil  riii'uitiiro  car  or  wa;;oii  shall  he  t'lilillcii  lo  cliai-j;*',  dcinatHl  and  re- 
f(>ivt>  for  (xittiii;;  a  load  uimhi  his  i-ir  or  wajioii,  transjiortin;;  the  same  and 
jiiittiiit;  ilu'  same  olV.  om-  dollar  and  twenty-tivc  cents  lot-  the  whole.  (  M.  (J., 
sec.  ITl'.'i.i 

See.    1830.        Posliiij;    of    i-a(«'.s    in    rarriajfos,      re};iilati<niM, 

etc.  — Tlie  owner  or  driver  of  anv  hacklier  caiTiaf^e.  or  other  vehicle  used 
tor  tlie  traiisimrtation  of  jiersons  t'oi-  hire,  sliall  keep  on  the  inside  of  each 
carria};e  i>r  vehicle,  hnnj;  u|i  in  a  conspicuous  and  pi-omineiii  niannei-  so  as 
to  be  easily  seen  and  read,  a  i)rinted  copy  of  tlie  rates  of  established  fare  by 
this  article.  Said  eojty  shall  lie  jirinted  in  black  ink,  on  tliick  white  card 
paper,  not  less  than  ten  inches  scpiare,  and  the  type  used  for  ])rintin<j:  said 
rates  shall  be  Honian  type,  not  less  in  size  than  that  known  as  double  |irinier, 
and  pas.senf,'ers  or  other  pei'sons  eniployiiij;  such  carria<ie  or  other  vehicle 
shall  have  the  rijjht  to  examine  such  copy  before  payiiij;  their  fares.  Said 
cards  lo  be  furnished  by  the  license  collector  [commissioner;  ])i'ovided  that 
the  provisions  of  this  si'ction  shall  not  ajiply  to  (irivate  carria>j;es  or  lo  car- 
riajies  owned  and  used  by  livery  stables.]      ( .M.  ('.,  sec.  172(5.) 

Ttic  proviso.  Indicated  In  brackota  above,  was  not  enacted  with  the  Revised 
Code,  but  Is  an  amendment  added  by  ord.  22899.  approved  March  13,  1907.  after  the 
Revised  Code  was  submitted  to  the  Municipal  Assembly  and  before  Its  passage, 
lience  Coo   late  to  be   Included   therein. 

See.  1831.  VH)lati()iis  of  article — penalties. — Any  owner  or 
driver  of  any  \ehicle  iiienti(Mied  in  this  article,  who  shall  fail  or  refii.se  to 
jdace  and  kee]i  the  number  of  such  vehicle  in  a  prominent  place  thereon, 
as  herein  n-ipiired,  or  shall  fail  to  pay  the  license  s]iecitied  in  section  ISIO, 
or  shall  in  any  other  respect  violate  or  fail  to  comply  with  any  of  the  pro- 
visions of  this  article  shall  l)e  deemed  guilty  of  a  misdemeanor,  and  ujjon 
conviction  thereof,  be  tined  not  less  than  ten  nor  more  than  two  hundred 
dollars.     I  M.  <'.,  sec.  IT127.1 

See.  1832.  Penalties— refnsal  to  carry  passenjjfers,  or  |>ay 
fare,  etc.,  fraiuls  on  owners  of  vehicles.  — Any  owner  or  driver  of 
a  cab,  hackney  carriage  or  omnibus,  who,  when  reipiired,  shall  fail,  ne{j;lect 
or  refuse  to  carry  any  i)assen;;er  or  his  ba<;;;a{;e,  and  any  such  iM?rson  who 
shall  ask,  demand,  or  receive  for  conveying;  jiersons  or  ju-operty  more  than 
the  sum  allowed  by  this  article,  or  shall  in  any  other  manner  violate  or  fail 
to  comidy  with  any  of  the  ]>rovisions  of  this  article,  a  ]>enalty  for  which  is 
not  herein  expressly  fixed;  also  any  person  who  shall  hire  any  licensed  cab. 
haikney  carria-^e  or  omnibus  by  the  h(Uir  or  by  the  mile  or  for  any  other 
sjH'cial  st>rvices  and  who  shall  refuse  or  evade  or  attempt  to  evade  a  jtay- 
ment  to  the  driver  or  owner  thereof  the  charjies  authorized  by  this  article 
for  such  services,  or  any  such  jH>rson  who.  by  use  and  by  means  of  any  trick, 
deception  or  device,  commonly  called  the  "contidence  game,"  or  by  means  of 
any  fraud,  fal.se  statement  or  preten.se.  shall  defraud  or  attem|tt  to  defraud 
the  driver  or  owner  of  any  of  the  aforesaid  vehicles  out  of  the  authorized 
char;;es  for  the  services  thereof,  shall  be  diMMiied  guilty  of  a  misdemeanor, 
and  on  conviction  thereof,  shall  be  tined  not  less  than  five  nor  more  than 
one  hundred  dollars,     i  M.  «'..  sec.  172S.  i 

For  overcharging,  see  Infra,  aces.  1839  fl  ut. 

S'-r.  18.33.       Wliat    vehicles    deemed    to    he    hired    out.— All 

vehicles  used  for  the  transportation  of  property,  which  projierty  does  not 
Ix'long  to  the  owners  of  the  vehicles  so  used  shall  1m>  de<Mned  to  1m>  hiivd  out. 
and  shall  be  subject  to  license  accordingly,  and  the  owners  oi-  possessors  of 


942  REVISED  CODE  OR  GENERAL  ORDIN.ANCES.  [CHAP.  23. 

the  property  may  be  examined  under  oath  l)y  the  insi)ector  touching  the 
ownership  of  such  j)roperty  and  vehicles,  and  tliey  shall  also  appear  before 
the  license  collector  when  cited  by  him,  and  he  may  examine  them  under 
oath  touching  the  ownership  of  such  property  and  vehicles.  fM.  C,  sec. 
172t>.) 

Sec.   1834.     License  collector  to   perforin   diitie.s   of  vehicle 

inspectors.  —It  shall  be  the  duty  of  the  license  collector  and  his  dei)uties 
to  perform  all  duties  heretofore  performed  by  the  vehicle  inspectors  and 
their  assistants,  and  to  carry  out  all  the  provisions  of  ordinances  pertaining 
to  collection  of  the  revenue  from  vehicles,  except  the  receipt  of  the  license 
fee.     (M.  C,  sec.  1730.) 

Sec.  1835.  License  to  drive  public  vehicle. — The  license  col- 
lector is  hereby  authorized  and  directed  to  issue  a  license  to  any  person  of 
good  moral  character  to  drive  any  public  vehicle  without  any  charge,  which 
said  license  shall  authorize  the  person  therein  named  to  drive  the  vehicle  or 
vehicles  therein  named  and  specified  for  the  period  of  one  year,  but  no  such 
license  shall  be  transferable,  and  no  person  other  than  the  one  so  licensed 
shall  be  allowed  to  act  under  said  license;  provided,  that  but  one  person 
shall  be  allowed  to  drive  or  solicit  business  for  any  one  wagon  or  vehicle, 
whether  it  be  the  proprietor  or  an  employe,  and  the  license  collector  shall 
issue  but  one  driver's  license  to  each  wagon  or  vehicle,  whether  it  be  issued 
to  the  proprietor  or  employe;  provided,  also,  that  the  license  collector 
shall  immediately  upon  the  passage  of  this  article,  recall  and  cancel  all 
drivers'  licenses  now  in  force,  and  issue  new  ones  in  lieu  thereof,  in  con- 
formity with  this  article;  provided  that  no  vehicle  license  shall  be  issued 
for  less  than  one  year,  except  when  necessary  to  make  all  vehicle  licenses 
expire  on  the  same  day.  And  any  i>erson  applying  for  a  license  after  the 
date  fixed  for  the  exi)iration  of  such  licenses,  shall  pay  for  the  full  year 
from  said  fixed  date.  Any  person  or  persons,  other  than  the  one  herein 
authorized,  who  shall  drive  or  solicit  business  for  any  wagon  or  vehicle, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be 
fined  not  less  than  ten  nor  more  than  fifty  dollars  for  each  offense.  (M.  C, 
sec.  1731.) 

Sec.  1836.  Badfje  and  number  to  be  worn.— The  license  is- 
sued, as  provided  in  the  foregoing  section,  shall  correspond  in  number  with 
the  licensed  vehicle,  authorized  thereby  to  be  driven,  and  the  ])erson  so 
licensed  as  driver  shall  procure  a  leather  or  metallic  badge,  upon  which  shall 
be  painted  or  engraved,  in  conspicuous  figures,  the  number  of  the  vehicle 
such  jierson  is  then  engaged  in  driving,  which  badge  shall  be  worn  at  all 
times  when  engaged  in  driving  such  vehicle,  or  when  endeavoring  to  procure 
persons  or  projierty  for  transiiortation,  in  a  conspicuous  jilace  ujjon  th(>  hat 
or  caj),  so  as  to  be  easily  seen  by  nil  i)ersons  transacting  business  with  him; 
and  no  person,  not  so  licensed  as  such  driver,  shall  wear  such  badge  or  uum 
ber.     (M.  C,  sec.  1732.) 

Sec.    1837.     Drivers— to  what  ordinan<'e  applicable— dnty  of 

<)Avners  of  sprinklin}>:  carts. — The  provisions  uf  the  next  i)receding  sec- 
tion, except  so  much  thereof  as  relates  to  the  ntimbering  of  the  license,  shall 
ajiitly  only  to  the  driver  having  charge  of  any  hackney  carriage,  cab  or 
cabriolet,  occu])ying  any  stand  upon  the  levee,  or  at  any  railroad  station  in 
the  city,  or  that  are  used  specially  to  convey  passengers  to  and  from  said 
raili'oads  or  levee.  It  shall  be  the  duty  of  the  owner  or  owners  of  every  cart 
or  vehicle,  us{m1   in  sprinkling  streets  in   the  city,  or  in  hauling  water  for 


AltT    III  1  OF  REGULATIONS  AND  PENALTIES.  943 

otlier  purposes,  to  cause  tlu'  luimc  or  iianu's  of  such  owner  or  owners  to  be 
proiiiirit'Utly  placi'd  on  sucli  cart  or  vcliiclc,  in  lai-;ii',  distinct  letters,  such 
as  liic  ass<-ssor  and  collector  of  water  rates  shall  direct.     (M.  C,  sec.  1731?.) 

Sec.  1s:ks.  I'rodiu'o  \\a;;ons  I'M-iiipt  —  liet'iist' of  iiiaimrt' carts. 
— All  vehicles  used  exclusively  for  briuginfij  to  market  any  produce  or  pro- 
visions of  the  owners'  own  raising  shall  he  exen)])t  from  the  provisions  of 
this  article,  and  all  vehicles  used  by  afjriculturists  for  the  ])urpose  of  hauling 
mail  11  ic  shall  |iay  a  liiciisc  of  one  dollar  each  per  aiiiiuiii.     t  M.  (\,  sec.  17:54.) 

ARTICLi:  111. 

OF  REGULATIONS  AND  PENALTIES.' 

See.  1839.  Overcliarf^o— pi'iialty  for. — Kvcry  owm  r,  driver  or 
other  person  having  charge  of  any  hackney  carriage,  cab,  cabriolet,  bag- 
gage wagon,  or  other  velii<le.  who  shall  extort,  exact,  charge,  demand  or  re- 
ceive as  coiupensatioii  any  sum  foi-  the  use  or  liii'e  of  any  such  vehicle,  ex- 
ce«>ding  the  compensation  allowed  by  ordinance,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof,  be  lined  not  less  than  twenty-five 
nor  more  than  one  hundred  dollars,  and  in  addition  thereto  the  license  of 
such  vehicle,  in  whosoever  name  the  same  may  have  bwn  granted,  shall  be 
declared  forfeited  to  the  use  of  the  city.     iM.  ('.,  sei-.  1735.) 

See  also   R.  C.  sec.    1S32. 

See.  1840.     Overcharjfo — tlcnial   of  license    for   livf  years. — 

Any  owner,  driver,  or  other  jierson  convicted  of  a  violation  of  section  1831). 
shall  not  be  again  entitled  to  obtain  a  new  license  for  any  vehicle  mentioned 
in  this  chapter,  of  which  he  may  be  the  owner  or  driver,  or  of  which  he  may 
have  contrid.  for  the  term  ol'  li\  e  years  from  the  date  of  such  conviction.  (  >I. 
(.'.,  sec.  173G.) 

Sec  1841.  ()v«'r<'harg:«'  — reports  of  coiivietioiis  for — to  whom 
inaiU'— cxaiiiiiiat  ion  licforc  issuing  li«-«'iis»'. —  It  shall  be  tin- 
duty  of  the  cleiks  of  the  polite  courts  u|ioii  any  person  being  convicted  of  a 
vi(dation  of  the  jirovisions  of  this  ai'ticle  to  make  a  wi-itten  return  within 
two  days  thereafter  to  the  license  collector,  giving  the  date  and  name  of  the 
person  so  convicted,  also  the  nundier  of  the  vehicle  of  which  he  may  be  the 
owner  or  driver,  and  thereu|ion  it  shall  be  the  duty  of  the  license  collector 
to  enter  llie  same  in  a  book  to  be  l)y  him  kept  for  that  p'urpose,  which  book 
shall  be  o|ieu  at  all  times  to  |)ul)lic  inspection,  on  application  ami  u|)on  any 
person  or  persons  applying  for  a  license  foi-  any  hackne\-  carriage,  cab.  cab- 
riolet, baggage  wagon,  or  vehicle,  it  shall  be  the  duly  of  the  license  collector 
iM'fore  issuing  a  license  to  such  j>erson  or  persons,  to  examine  such  jiei'son 
(U'  |K-rsons  uniler  oath;  and  if  it  be  found,  on  such  examination,  that  such 
person  or  persons  were,  at  any  time  within  live  years  before  making  sucii 
ap|ilication  convicted  of  violating  any  of  the  provisions  of  this  chapter,  the 
license  collector  shall  refuse  to  issue  a  license  to  such  jierson  or  jH-rsiins. 
I  .\l    •-..  sec.  1737.) 

See.  1842.  Officers — penalties  ag:aiiist. — Any  officer  whose  duty 
it  shall  lie  to  enforce  the  jirovisions  of  this  chapter,  and  who  shall  wilf\illy 
connive,  refu.se  or  fail  to  perform  the  .same,  shall  l»e  dtH'ined  guilty  of  a  mis- 


*I-'or   penalty   for   ualng  stolen,   counterfeit   or   unaut)iort7.i   :  iilate.   sea 

R.  C.  Bcc.   1818. 


944  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  23. 

demeanor,  and  on  conviction  thereof,  be  fined  not  less  than  fifty  nor  more 
than  one  hundred  dollars.     (M.  C,  sec.  1738.) 

Sec.  1843.  Drivers — duties  of — penalty. —It  .'^hall  be  unlawful  for 
the  driver  or  other  per.sou  having  charge  of  any  hackney  coach,  omnibus, 
carriage,  coupe,  cab,  cabriolet  or  one-horse  or  other  vehicle  (licensed  to 
carry  passengers  for  hire  in  St.  Louis),  to  be  off  or  away  from  the  same 
while  it  is  passing  along  the  streets  and  public  ])laces  of  the  city;  and  it 
shall  be  unlawful  for  such  driver  or  person  aforesaid  to  stand,  while  wait- 
ing for  employment  at  any  other  place  than  that  assigned  for  his  vehicle, 
or  to  snap  or  flourish  his  whip,  or  to  be  away  from  his  vehicle,  or  to  sit  or 
stand  about  the  doorsteps  or  jilatforms,  or  in  front  of  any  house,  store  or 
other  building,  to  the  annoyance  of  the  occupants  thereof,  and  for  every  vio- 
lation of  til  is  section  he  shall  be  fined  not  les.s  than  ten  dollars  for  each  of- 
fense.    (M.  C  sec.  1739.) 

[See.  1843a.     Hacltney  carriage  defined.*] 

♦After  sulmiission  of  the  Revised  Code  ordinance  and  just  before  its  passagre, 
hence  too  late  for  insertion  therein,  ordinance  22899,  approved  March  13,  1907, 
was  enacted,  Tvhich  amongst  otlier  tilings  enacted  a  new  section,  wliicli  if  in  time, 
would  have  been  sec.  lS43a  of  the  Revised  Code,  hence  attention  is  directed  there- 
to in  this  note.      Said  enactment  is  as  follows: 

"Section  Two.  Article  Two  of  Chapter  Twenty-three  of  the  Municipal  Code 
is  hereby  further  amended  by  adding  thereto  a  new  section  to  be  known  as  Sec- 
tion Seventeen  Hundred  and  Thirty-nine  A.  as  follows:  Section  Seventeen  Hun- 
dred and  Thirty-nine  A.  Wherever  the  term  hackney  carriage  is  used  in  the 
preceding  sections  it  shall  be  understood  to  mean  a  carriage  that  stands  on  the 
public  streets  or  at  public  hack  stands,  soliciting  public  patronage,  and  it  shall 
not  be  understood  to  mean  a  carriage  kept  by  a  livery  firm  for  private  use  or  for 
private  orders  only.     Approved  March  13th.   1907." 

ARTICLE  IV. 

OF  STANDS  FOR  VEHICLES. 

Sec.  1844.  Stands  for  veliicles — police  commissioners  to 
select. — It  shall  be  the  duty  of  the  jiolice  commissioners  of  the  Citj'  of  St, 
Louis  to  select  and  designate  suitable  and  convenient  {)laces  and  parts  of 
streets  and  avenues  as  stands  for  coal  wagons,  wood  carts,  furniture  cars, 
hackney  carriages,  cabs,  cabriolets  and  other  vehicles,  which  usually  occupy 
parts  of  the  public  streets  and  avenues  by  their  owners,  temporarily,  for  the 
purpose  of  making  sales  or  seeking  employment.     (M.  C,  sec.  1740.) 

Sec.  1845.  Stands,  when  and  how  designated. — The  selection 
or  designation  of  stands,  required  to  be  made  in  the  preceding  section,  shall 
be  made  in  writing  on  or  before  the  first  day  of  January  in  each  year,  and 
be  submitted  to  the  mayor  for  his  ai)]>roval;  and  if  such  selection  and  desig- 
nation shall  be  ajiproved  by  the  mayor,  a  copy  thereof  shall  be  filed  in  the 
office  of  the  street  commissioner,  and  any  changes  that  the  ])olice  commis- 
sioners may  find  it  necessary  to  make  in  their  respective  districts,  Avith  a 
view  to  public  convenience,  shall  in  like  manner  be  submitted  to  the  mayor, 
and  if  approved  the  copy  shall  be  filed  in  the  office  of  the  street  commis- 
sioner.    (M.  C,  sec.  1741.) 

Sec.  1846.     Stands — duty  of  police  commissioners It  shall  be 

the  duty  of  the  j)olice  commissicmers  to  publish  twice  each  year,  by  at  least 
fifty  handbills,  posted  iu  conspicuous  and  most  public  places  throughout 


AllT.   IV.]  OF  STANDS  FOR  VEHICLES.  945 

the  city,  a  list  or  hrief  description  ol'  ilic  .streets,  parts  of  streets  or  jilai^es 
selected  and  ilesij;tiated  as  stand.-*  lor  the  purposes  specified  in  tiie  jn-ecediug 
sections  of  litis  article,     i  M.  ('..  sec.  1T4'J.) 

Sec.  1S47.  Stand.s  ox<'1iuI(mI  fnnu  rortaiii  streets. — No  stand 
for  any  coal  wajfon.  cart  or  otln  r  Nciiicle  used  for  llie  larry iiif;  of  coal,  or 
for  any  wood  eart.  shall  he  selecieil  on  any  street,  lane  ur  avenue  of  this 
city  east  of  Sixth  street,  and  heiween  Ki-aid<lin  avenue  and  lOlin  street;  nor 
on  any  street  east  (d'  Itroadway.  and  i)et\\eeu  Cherry  street  and  Biddle 
street;  nor  ou  ISroadway  between  Franklin  avenue  and  Biddle  street;  uor 
ou  any  street,  lane  or  avenue  east  of  Fourth  street  between  Elm  street  and 
riuin  street;  uor  shall  any  stand  be  selected  for  furniture  cars,  hackney 
carriages,  cabs  or  cabri<dets,  on  any  street,  lane  or  avenue  east  of  Fourtli 
street  between  Elm  street  and  Franldin  avenue.     (M.  ('..  sec.  174:i.) 

Sec.  1848.  Stand.s — as  desij^naled,  to  he  occupied. — It  shall 
l)e  the  duty  of  all  owners,  drivers  or  other  persons  in  charge  of  any  wood 
cart  or  coal  waj;on,  or  oUier  vehicle  used  for  the  conveyance  of  coal,  or 
olTering  the  same  for  sale  in  the  city  to  occupy  with  their  wa<;ons,  <"irts  or 
veliieies  the  stand  or  stands  which  shall  he  selected  and  desi<;iiated  by  the 
jiolice  comMiissioners  in  luirsuaiice  of  this  article;  atid  such  coal  wajions, 
carts  or  other  vehicles  shall  not  he  allowed  to  stand,  uor  shall  coal  i)e  oll'ered 
for  sale  or  sold  from  any  wajj^on,  cart  or  other  vehicle,  in  any  street,  lane  or 
avenue.  excei)t  such  as  shall  be  designated  as  aforesaid;  uor  shall  any 
furniture  cai\  hackney  carriage,  cab  or  cabriolet  occupy  any  part  of  any 
street,  lane  or  aveime  as  stands,  except  the  jilaces  seleeted  and  designated 
for  that  ]inr|iose.  and  every  owner  of  any  such  wagon,  cart  or  v(>hicle,  or 
his  agent,  driver  or  person  in  his  enii)loy.  or  the  owner,  agent,  driver  or 
IH'fson  in  charge  of  any  furniture  car,  hackney  carriage,  cab  or  cabriolet, 
within  the  purview  hereof,  who  shall  violate  any  of  the  i)rovisions  of  this 
article,  or  any  of  the  rules  and  regulations  made  in  pursuance  thereof,  shall 
be  deemed  guilty  of  a  inisdemeanor,  and  upon  conviction  thereof  be  fined 
not  less  than  five  nor  more  than  lifteen  dollars  for  each  and  every  olfense; 
provided,  that  nothing  in  this  article  shall  be  so  construed  as  to  [u-event  the 
selling  {>(  any  coal  while  at  the  weigh  scales,  or  while  jiassing  to  and  from 
anv  of  the  stands  which  mav  be  selected  in  pursuance  hereof,  i  .M.  <".,  .sec. 
1744.1 

See.  184;).  Stands  for  eoal,  wood  aiul  lonj;  feed,  where 
hn'aled. — So  nun-h  of  Hnjadway  as  lies  between  the  north  side  of  Bates 
si  I  ret  and  the  south  side  of  Howard  street  is  hereby  set  apart  and  estab- 
lished as  a  stand  for  vehicles  used  in  carrying  wood  or  coal,  or  long  feed  for 
horses  and  cattle,  to  wit:  Hay.  straw,  fodder  and  similar  articles;  that 
part  of  Twelfth  street  lying  between  Olive  street  and  St.  Charles  street  is 
hereby  set  apart  and  established  a.s  a  stand  for  said  vehicles;  and  that  part 
of  the  Soidard  market  place  between  Fulton  and  Decatur  streets  is  hereby 
set  ajiart  and  estaliiished  as  a  stand  for  said  vehicles.  .\11  jiersons  bringing 
sueh  long  feed  in  vehicles  to  this  city  for  sale  are  rei|uii'cd  to  occupy  one  of 
said  stands,     t  .M.  (".,  sec.  174ri.  i 

Sec.     l^.")0.         Stan«ls — around      coiirf      house     eslaldished — 

re^'ulations. — The  streets  bounding  the  court  house  and  in  front  thereof, 
to  wit:  On  Fourth,  Fifth,  Chestnut  and  Market  streets,  are  hereby  estab- 
lished as  hack  slaiuls  in  the  City  of  St.  I.,otiis.  An  <>]ien  s]iace  of  not  le.ss 
than  fifty  feet  shall  be  left  free  anil  clear  on  Fourth  and  Fifth  street  wings, 
opposite  the  entrance  thereof,  ami  iin  open  sjjace  of  not  less  than  lifty  feet 


ec 


946  REVISED  CODE  OR  GENERAL.  ORDINANCES.  [CHAP.  23. 

shall  be  left  free  and  clear  on  the  Chestnut  and  Market  street  wings,  oppo- 
site the  entrance  thereof.  The  horses  and  hacks  on  the  north  line  of  the 
space  on  Fourth  and  Fifth  street  shall  front  to  the  north,  and  those  on  the 
south  of  said  space  on  the  streets  last  aforesaid  shall  front  to  the  south, 
and  those  on  the  west  line  of  the  space  on  Chestnut  and  Market  streets 
shall  front  to  the  west,  and  those  on  the  east  line  of  the  space  last  afore- 
said shall  front  to  the  east.  Any  person  violating  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof, 
be  fined  not  less  than  five  nor  more  than  twenty  dollars.     (M.  C,  sec.  1746.) 

Sec.  1851.  Stands  ill  front  of  private  premises — how 
regulated.  — Occupants  of  premises  in  front  of  which  it  is  desired  to  stand 
for  employment  cabs,  cabriolets,  carriage,  coupe  or  one-horse  vehicle,  may 
give  jtermission  in  writing  to  the  owner  or  driver  so  to  do,  which  permis- 
sion shall  not  be  effective  until  it  is  approved  by  the  mayor,  and  it  may  be 
revoked  by  the  mayor  at  any  time,  whereupon  all  rights  under  it  shall  at 
once  cease  and  be  ended.     (M.  C,  sec.  1747.) 

ARTICLE  V. 

-      OF   .STEAM   CARS   A.NIJ    STEAM   RAILROADS.' 

Sec.  1852.      Gates   at  crossings  required — Avatchiiian. —Every 

person,  association  or  corporation  running  or  o]icrating  engines  or  cars 
propelled  by  steam  power  upon  its  railroad  track  or  tracks,  along  or  across 
any  street,  avenue  or  road  in  the  City  of  St.  Louis  [which  is]  now.  or  which 
may  hereafter  be,  used  for  wagon  travel,  shall  erect  at  all  cross  or  intersect- 
ing streets,  avenues  or  roads  so  used,  or  which  may  hereafter  be  used,  a  gate 
or  gates  made  of  wood  or  iron  or  other  suitable  material,  and  unless  said 
gates  are  opened  and  closed  automatically,  such  person,  association  or  cor- 
poration shall  keep  a  watchman  to  operate  said  gate  or  gates,  who  shall  close 
the  same  immediately  before  the  passage  of  any  engine,  car  or  train  of  cars, 
and  open  the  same  immediately  after  such  passage.  Such  gate  or  gates  shall 
be  so  erected  on  such  improved  streets,  avenues  or  roads  within  thirty  days 
after  such  person,  association  or  corporation  shall  be  notified  so  to  do  by 
the  street  commissioner  of  the  city.  Provided,  however,  that  this  article 
shall  not  apply  to  any  cross  or  intersecting  avenue,  streets  or  roads  that  are 
now  or  may  hereafter  be  bridged  over  and  across  the  railroad  tracks;  and 
provided,  further,  that  this  article  shall  not  apply  to  any  cross  or  intersect- 
ing streets,  avenues  or  roads  on  which  are  laid  tracks  used  exclusively  for 
switching  purposes,  or  for  switch  tracks.     (M.  C,  sec.  1748.) 

Sees.  1852  and  1S53  are  authorized  by  the  Charter,  and  gates  erected  in  pur- 
suance thereof  in  the  streets  are  not  nuisances:  Seibert  vs.  Railroad,  188  Mo, 
657,  If  the  ordinance  has  been  complied  with,  its  admission,  if  error,  is  harm- 
less: Mulderig  vs.  Railroads,  116  Mo.  App.  655,  665,  The  failure  to  station  a 
watchman  at  a  crossing  when  required  by  ordinance  has  been  held  negligence 
per  se:  Thomas,  J.,  in  Dickson  vs.  Ry.,  104  Mo.  491,  501,  citing  a  number  of  cases 
as  so  holding. 

Sec.  1853.  Penalty'. — Any  person,  association  or  corporation  failing 
to  observe  and  comply  with  the  provisions  of  this  article  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  in  the  police  court  of 
the  city,  shall  be  fined  not  less  than  one  hundred  dollars,  nor  more  than  five 

•See  Charter,  Art.  Ill,  sec.  26,  clause  11;  as  to  difference  respecting  the  au- 
thority of  municipalities  in  conferring  the  use  of  streets  upon  street  railways 
and  steam  railways,  see  State  ex  rel.  vs.  Corrigan  Street  Ry..  85  Mo.   263-275. 


ART.    VI  OF  STEAM   CARS  AND   STEAM    RAILROADS.  947 

lnuiiirc(l  dollars  Tor  eacli  and  every  offense,  aud  every  day's  viulatiun  thereof 
Khali  constitute  a  separate  offense.     (M.  C,  sec.  1749.) 

See.  1854.  Duty  of  police. — It  is  hereby  made  the  special  duty  of 
the  police  to  enforce  the  provisions  of  tlie  two  preceding  sections,  and  to 
this  end  each  patrolman  shall  rejiort  any  violation  tlioreol'  comint;  to  his 
knowledj;!'  to  his  sii|)erior  offucr  tlaiiy.  aud  shall  arrest  all  fuiiiluycs,  watch- 
men or  jicrsons  {riiilty  of  a  violation  of  section  one  thousau<l  »'ij;lii  liuudred 
fifty-two.     i.M.  C,  sec.  1750.) 

See.  1855.  Deliiiition  of  t«'riu  "streets,"  etc. — When- 
ever the  words  "streets,  avenues  or  roads  used  for  wajj;on  travel"  are  used 
in  this  article  tliey  shall  be  construed  to  mean  streets  wliich  have  been 
opened  by  ordinance.     (M.  C,  sec.  1751.) 

See.  1856.  Kate  of  .speed.— It  shall  not  be  lawful  within  the  limits 
of  the  city  for  any  person,  association  or  corporation  to  run  any  enpine, 
car  or  train  of  cars  propelled  by  steam  power  at  a  rate  of  speed  exceeding 
six  miles  per  hour.  over,  alouj;  or  across  any  cross  or  intersecting;  improved 
stret't.  avenue  or  road,  which  is  now  or  may  liereafter  be  used  for  wajion 
travel,  if  sucli  person,  association  or  corporation  shall  have  failed  to  comply 
with  a  notice  fi-om  the  street  commissioner,  specilied  in  section  one  thousand 
eiflht  hundred  fifty-two.  15ut  after  comjiliance  therewith  it  shall  be  lawful 
for  any  person,  association  or  corporation  to  run  its  euj;ines,  car  or  train  of 
cars  at  a  rate  of  speed  not  exceeding  twenty  miles  ])er  hour.  (M.  C,  sec. 
1 751!.  ( 

Hair    t>f   >IHT<I. 

Ordinances  of  cities  regulating  the  speed  of  railway  trains  are  police  regula- 
tions, and  the  municipalities  have  such  power,  though  not  given  In  express  terniB, 
as  It  may  be  Implied  from  the  power  to  abate  nuisances  or  provide  for  the  gen- 
eral welfare,  etc.:  Bluedorn  vs.  Ry.,  lOS  Mo.  439;  Jacltson  vs.  Ry.,  IST  Mo.  6J1, 
639;  Merz  vs.  Ry.,  .SS  Mo.  672;  Sluder  vs.  Transit  Co.,  1S9  Mo.  107.  131-132  {also 
holding  that  no  acceptance  by  the  company  Is  required  to  make  It  amenable  to 
police  regulations,  and  citing  a  large  number  of  cases  on  cognate  points);  Neier 
vs.  Mo.  Pac.  Ry..  12  Mo.  App.  25,  34  (holding  also  that  It  makes  no  difference 
that  the  company  obtained  Its  charter  direct  from  the  legislature,  when  such 
rours**  was  p,Tniltt<-il  prior  ti)  tht-  present  eoiistltutlon.  nor  that  the  company  laid 
its  track  with  so  short  a  curve  .ind  at  suih  grade  that  it  cannot  conveniently 
move  Its  trains  at  the  speed  fixed  by  the  ordinance,  which  in  this  case  was  six 
miles  per  hour,  and  the  rails  along  Poplar  street):  Gratiot  vs.  Mo.  Pac,  116  Mo. 
450.   467. 

But,  where  power  to  legislate  Is  given  a  municipality,  but  the  mode  of  its 
exercise  la  not  prescribed,  an  ordinance  In  pursuance  thereof,  though  prima  facie 
valid,  is  subject  to  Judicial  review  as  to  Its  reasonableness  or  oppressiveness  aa 
applied  to  existing  conditions,  which  Is  a  question  for  the  court  and  not  ths 
Jury,  and  It  may  be  declared  void  on  the  ground  of  Its  being  oppressive  or  un- 
reasonable: Zumault  vs.  K.  C.  Air  Line.  71  Mo.  App.  670,  676  fi  sea.,  and  cases 
cited;  White  vs.  St.  L.  &  S.  F.  Ry..  44  Mo.  App.  540;  Plattsburgh  vs.  Hagenbush, 
9S  Mo.  App.  669. 

But  a  clear  case  of  unreasonableness  or  oppressiveness  must  be  established 
before  the  court  will  declare  the  ordinance  void:  Gratiot  vs.  Mo.  Pac.  116  Mo. 
ir.n.  |«7.  and  caseM  cited:  Neler  vs.  Mo.  Pac.  Ry..  12  Mo.  App.  2.t  (both  being  St. 
Louis  cases  where  ordinances  limiting  speed  to  six  hours  were  upheld). 

The  running  of  a  railroad  train  through  the  corporate  limits  of  a  city  In 
excess  of  the  speed  preserltied  by  ordinance  Is  negligence  p^r  if  and  a  caiise  of 
.letlon  results  to  nny  person  Injured  by  such  violation:  I'er  Gnntt.  .1.,  for  the 
court  In  banc  In  Sluder  vs.  Ry.,  189  Mo.  loc.  clt.  135.  referring  to  numerous  cases 
so  holding  and  expressly  affirming  Jackson  vs.  Ry..  1S7  Mo.  621.  641  and  cases 
following  same,  (and  overruling  Fath  vs.  Ry.,  105  Mo.  I.  c.  545  and  the  line  of 
numerous  cases  following  the  latter):  Crntlot  vs.  Mo  Pac.  116  Mo.  450,  46St 
Hutchinson  vs.  Railroad,  161  Mo.  246. 


948  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  23. 

But  no  rate  of  speed  is  negligence  per  se  unless  contrary  to  the  provisions  of 
express  law  or  ordinance.     Maher  vs.  Ry.,  64  Mo.  267. 

The  ordinance  need  not  be  limited  in  its  application  to  public  highways,  but 
may  apply  as  well  to  private  grounds  or  switch  yards:  Prewitt  vs.  Ry.,  134  Mo. 
615,  626,  approving  Merz  vs.  Ry.,  88  Mo.  672,  677,  s.  c.  14  Mo.  App.  459;  Bluedorn  vs. 
Ry.,  108  Mo.  439,  445-446. 

The  original  ordinance  corresponding  to  sec.  1856.  R.  C,  was  not  invalid  be- 
cause of  defective  title:    Bergman  vs,  Ry.,  88  Mo.   078. 

See.  1857.  Cars — streets  not  to  be  obstructed  by — bell  to 
be  rung: — danger  sifjnals  to  be  given. — It  shall  not  be  lawful 
within  tlie  limits  of  the  City  of  !St.  Louis  for  any  car,  cars  or  locomotives 
propelled  by  steam  ])ower  to  obstruct  any  street  crossing  by  standing  thereon 
longer  than  five  minutes,  and  when  moving  the  bell  of  the  engine  shall  be 
constantly  sounded  within  said  limits,  and  if  any  freight  car,  cars  or  loco- 
motives propelled  by  steam  power  be  backing  within  said  limits,  a  man  shall 
be  stationed  on  top  of  the  car  at  the  end  of  the  train  farthest  from  the  en- 
gine, to  give  danger  signals,  and  no  freight  train  shall  at  any  time  be  moved 
within  the  city  limits  unless  it  be  well  manned  with  experienced  brakemen 
at  their  posts,  who  shall  be  so  stationed  as  to  see  the  danger  signals  and 
hear  the  signals  from  the  engine.  The  steam  whistles  of  danger  shall  in  no 
case  be  sounded  except  in  giving  the  usual  signals  for  running  trains,  (il. 
C,  sec.  1753.) 

As  to  violations  of  these  provisions  as  connected  with  actions  for  damages 
from  violation  thereof,  see  Dickson  vs.  Mo.  Pac.  104  Mo.  491  (watchman  and 
ringing  of  bell);  Rafferty  vs.  Mo.  Pac.  Ry.,  91  Mo.  33  (ringing  bell  and  absence 
of  experienced  brakeman);  Bergman  vs.  St.  L.,  I.  M.  &  S.  Ry.,  SS  Mo.  678,  682 
(absence  of  brakeman);  Mulderig  vs.  Railroads,  116  Mo.  App.  655,  665  (holding 
this  ordinance  admissible  without  being  specially  pleaded). 

Failure  to  ring  bell  as  required  by  ordinance  is  negligence  per  se:  Gratiot 
vs.  Mo.  Pac.  Ry.,  116  Mo.  450,  464;  Reed  vs.  Railroad.  107  Mo.  App.  238,  245  and 
cases  cited.  Unless  such  failure  does  not  contribute  to  the  injury:  Hutchinson 
vs.   Ry.,   161   Mo.   246,   253. 

A  city  under  charter  provisions  to  control  the  streets  and  general  welfare 
clause  may  by  ordinance  limit  the  time  that  railway  trains  may  block  a  street: 
Berger  vs.  Mo.  Pac.  Ry.,  112  Mo.  238,  250. 

As  to  obstruction  of  streets  by  railroads  to  the  extent  of  destroying  the  use 
of  the  street  for  the  public,  and  the  consequences  of  the  same,  see  note  under 
Charter,  Art.  Ill,   sec.   26,  clause  2,  where  the  subject  is  fully  discussed. 

Sec,  1858.  Penalty. — Any  person,  persons  or  corporation  violating 
the  provisions  of  the  next  two  jireceding  sections,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof,  in  the  police  court  in  this 
city,  shall  be  lined  not  more  than  live  hundred  dollars  nor  less  than  one 
hundred  dollars  for  each  and  every  offense.     (^I.  ('.,  sec.  1754.) 

Sec.  1859.     Poplar  street— locomotives  on  to  use   coke. — No 

engine  or  locomotive  run  or  operated  on  Poplar  street  shall  use  any  fuel 
other  than  coke;  and  such  engine  or  locomotive  shall  moreover,  be  so  con- 
structed as  to  prevent  any  offensive  or  dangerous  emission  of  smoke  or  cin- 
ders.    (M.  C,  sec.  1755.) 

Sec.  1860.  Poplar  street^ — obstruction  of  cross  streets  for- 
bidden.— No  locomotive,  car  or  train  of  cars  propelled  by  steam  power 
shall  be  ]»ermitted  or  suffered  to  obstruct  the  crossing  of  any  street  inter- 
secting Pojilar  street  between  Ninth  street  and  the  levee  by  stopping  or 
Iiackiiig  for  a  longer  time  than  two  minutes.     (M.  C,  sec.  1756.) 

See  Berger  vs.  Mo.  Pac.  Ry..  112  Mo.  238.  250.  as  to  right  to  pass  ordinance 
against  obstruction  of  streets  for  longer  than  certain  time  fixed.  See  as  to  rail- 
road track  on  Poplar  street  authorized  by  state  enactments,  Atl.  &  Pac.  Ry.  vs. 
St.    Louis,    66   Mo.    228. 


fl 


ART.   VI.]  OF  STREET  GARS  AND  STREET  RAILWAYS.  949 

See.  1861  Ponalty. — Aiiv  jicrsou.  persons  or  corporalion  vioIatiuji» 
any  iirovi.xioii  of  tlii'  next  two  ini'tcdiiij;  sections  sliall  be  tleenied  t,'uilty  of 
a  inisdeiiieaiior,  and  uiion  eoinieiion  thereof,  in  any  police  court  of  this 
city,  shall  he  lined  not  less  than  one  hnndicd  dollars  and  not  more  than 
live  linnili-eii  dollars  for  each  and  every  such  otl'eiise.     Ol.  C,  sec.  17i)7.) 

S-'c  1SG2.  Lofoiuotives,  etc. — cliiubinjj:  on  Avhoii  in  inotiou 
forbithlon. — Any  person,  iniuor  or  adult,  who  shall  climb  upon,  hold  to, 
or  in  any  manner  attach  himself  to  any  locomotive  en<j;ine  or  car  while  the 
same  shall  be  in  motion  or  runiiint];  into  or  throw}ih  this  city,  sliall  b(>  deemed 
j;\iilty  of  a  misdenu'anor,  and  upon  conviction  thereof,  shall  be  fincnl  not 
less  than  live  dollars  nor  more  than  one  hundred  dollars  for  each  and  every 
otfense;  provide<i,  that  this  section  shall  not  apply  to  any  employe  of  the 
railroad  comjiany.  nor  to  any  passenjier,  nor  to  any  other  person  who  may 
be  acting  by  permission  or  under  the  rules  of  the  company  then  operating 
the  road.     iM.  C,  sec.  1758.) 

ARTICLE  VI. 

OF  STREET  C.\RS  .VNIJ   STREET    RAILWAYS.* 

See.  1863.  Apitlication  of  article. — Every  person,  corporation, 
company,  co-partnership  or  association,  having  any  street  railway  franchise 

•By  the  present  constitution  of  the  State  the  General  Assembly  is  forbidden 
to  grant  street  railway  franchises  In  a  city  without  first  acquiring  the  con.sent  of 
the  local  authorities,  nor  can  such  franchise,  when  acquired,  be  transferred  with- 
out similar  assent:  Const.,  Art.  XII,  sec.  20:  St.  L.  &  Mer.  Rlv.  Ry.  vs.  Klrkwood, 
159  Mo.  239.  252;  Moorshead  vs.  tJnIted  Rys.  Co.,  119  Mo.  App.  541  (certified  to 
Sup.  Ct.  and  decided  there  In  Feb..  1907.  but  not  as  yet  reported).  State  ex  rel. 
vs.  LIndell  Ry..  151  Mo.  162.  1S2:  Grand  Avenue  vs.  Llndell.  14S  Mo.  637.  645.  See 
more  fully  on  this  point,  note  to  Charter,  Art.  X.  sec.  1. 

For  the  Charter  provisions  conferring  authority  over  street  railways,  see  Art. 
X,  sees.  1-7  and  authorities  cited  In  notes  to  said  provisions.  See  also  Art.  Ill, 
sec.  26.  clause  11.  as  well  as  cases  above  cited. 

The  power  to  license,  tax  and  regulate  street  railway  cars  is  conferred  in 
Chart..  Art.  Ill,  sec.  26,  clause  5. 

For  ordinances  upon  the  licensing  of  street  railway  cars,  see  R.  C,  sections 
2257  et  seq.   (Chap.  31,  Art.  18.) 

For  state  laws,  see  collection  of  statutes  on  the  subject  relating  to  St.   Louis, 
1.AWS  Specially  Applicable  to  St.  Louis."  pp.   213-219.  sees.   591   et  seq.     (Chap  33). 

The  act  of  1S60  or  Third  Parallel  Law  is  repealed  by  virtue  of  the  provisions 
of  the  constitution  of  1875  and  the  provisions  of  the  Charter:  State  ex  rel  vs. 
Llndell  Ry..  151  Mo.  162  (discussing  the  history  of  street  railway  legislation  af- 
fecting St.  Louis  and  the  development  of  the  home-rule  principle  respecting  same, 
and  reviewing  the  cases). 

For  the  prior  application  of  the  Third  Parallel  street  law,  sec  St.  Louis  Ry.  vs. 
South  St.  L.  Ry..  72  Mo.  67;  St.  Louis  Ry.  vs.  Northwestern  Ry.,  69  Mo.  65;  s.  c, 
2  Mo.  App.  69. 

The  state  statute  of  1895  (Julian  law),  providing  for  sales  at  public  auction 
of  all  franchises  Involving  the  use  of  streets  of  cities  or  public  corporations.  Is 
void  because  too  uncertain  and  Indefinite  in  Its  provisions  to  permit  of  Intelli- 
gent enforcement:     State  ex   Inf.   vs.   Street  Ry.  Co..   H6   Mo.    155. 

A  street  railway  having  Its  tracks  on  a  public  street  without  authority  in 
law.  is  a  nuisance:  See  authorities  in  note  to  headline.  Art.  XII,  Chapter  11,  on 
"Nuisances." 

As  to  the  relations  between  the  St.  Louis  Transit  Co.  and  United  Rys.  Co.,  see 
Moorshead  vs.  United  Rys..  119  Mo.  App.  5<1.  certified  to  Supreme.  Court  and 
there  decided  In   Feb..  1907   (not  at  this  writing  reported). 


950  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.   2?.. 

or  connected  with  or  engaged  in  the  business  of  transporting  passengers 
from  any  one  point  to  any  other  point  within  the  City  of  St.  Louis,  for  hire, 
on  street  railways,  shall  be  subject  to  all  the  conditions,  stipulations,  pro-, 
visions  and  requirements  of  this  article.  (Ord.  21113,  amending  M.  C,  sec. 
IT.jil.  I 

An  ordinance  promulgating  rules  for  street  railways  applies  to  all,  no  matter 
what  kind  of  motive  power  is  employed:  Lamb  vs.  Cable  Road.  33  Mo.  App.  4SJ>. 
See  also,  Blair  vs.  Chicago,  201  U.  S.  1.  c.  4S3.  As  to  what  constitutes  a  street 
railway  as  distinguished  from  a  railroad,  see  Hannah  vs.  Street  Ry.,  81  Mo.  App. 
78.  See  also  Jerman  vs.  Benton.  79  Mo.  148;  Ruckert  vs.  Grand  Ave.  Ry..  163  Mo. 
1.  c.  276. 

Sec.  1864.  Rules,  regriilatioiis  and  provisions  for  running 
street  cars. — -The  following  rule.s.  regulations  and  jirovisious  coueerniug 
the  running  and  management  of  street  railway  cars  shall  lie  binding  upon 
every  person,  corporaticm  or  co-partuership  taking  out  license  under  the  pro- 
visions of  this  article,  or  managing,  controlling  or  ojteratiug  street  ears  in  the 
City  of  St.  Louis. 

First:  No  cars,  when  not  in  actual  use  for  passenger  travel,  shall  be 
kept  standing  in  any  street  or  ]iublic  thoroughfare,  except  for  the  conven- 
ience of  the  public  and  when  manned  by  motormen  and  conductors. 

Second:  No  car  shall  be  allowed  to  stop  in  front  of  any  intersecting 
street,  except  to  avoid  collision  or  to  prevent  danger  to  persons  in  the 
street. 

Third:  No  car  shall  be  allowed  to  stop  on  a  crosswalk  except  when 
signaled  or  required  to  stop  to  receive  or  discharge  {lassengers,  in  which  case 
it  shall  be  stopped  so  as  to  leave  the  rear  platform  partl^y  over  the  crossing 
or  crosswalk,  and  except  to  avoid  collision  or  to  prevent  danger  to  persons 
in  the  streets. 

Fourth:  The  conductor,  motorman,  gripman,  driver,  or  any  other  per- 
son in  charge  of  each  car  shall  keep  a  vigilant  watch  for  all  vehicles  and 
persons  on  foot,  especially  children,  either  on  the  track  or  moving  towards 
it,  and  on  the  first  appearance  of  danger  to  such  persons  or  vehicles,  the  car 
shall  be  stopped  in  the  shortest  time  and  space  possible. 

Fifth:  Conductors  shall  not  allow  women  or  children  to  leave  or  enter 
the  cars  while  the  same  are  in  motion. 

Sixth :  Conductors  shall  announce  to  passengers  the  names  of  the 
streets  about  to  be  crossed,  and  the  jilaces  where  the  cars  connect  with  or 
intersect  any  railway  track  or  any  other  line,  division  or  branch  of  street 
railways. 

Seventh:  The  cars,  after  sunset,  shall  be  j>rovided  with  signal  and 
headlight,  and  shall  be  properly  illuminated  within. 

]"]ighth:  The  cars  shall  be  entitled  to  the  track,  and  any  vehicle  upon 
the  tr.'ick  shall  turn  out  when  any  cars  come  up.  so  as  to  leave  the  track 
unobstructed ;  aiul  the  driver  of  any  vehicle  refusing  to  do  so  when  requested 
by  the  motorman,  gripniau,  driver,  or  any  person  in  charge  of  any  car,  shall 
be  deemed  guilty  of  a  misdemeanor;  provided,  that  persons  moving  any 
article  from  or  to  any  vehicle  shall  be,  in  cases  where  such  vehicle  cannot 
be  so  placed  as  to  permit  the  car  to  pass,  allowed  a  reasonable  and  sufficient 
time  to  load  or  unload  the  same,  but  not  so  as  to  delay  any  one  car  exceeding 
ten  minutes.  If  longer  time  be  required  such  vehicle  shall  lie  loaded  or  un- 
loaded between  midnight  and  five-thirtv  a.  in. 


4 


AKT.   VI. 1  OF  STHKKT  CAUS  ANM>  STRICET  KAIl.W  AYS.  951 

Ninth:  All  strct't  railroad  roiiipaiiies  sliail  operate  tlicir  roads  accord- 
ing to  the  provisions  of  tlicir  respective  charters,  except  in  so  far  as  the 
same  may  he  iiicoiisisleiit  with,  or  in  conllict  with,  the  re(|iiir('iiieiiis  and 
prmisions  of  this  ordiiiaiici'  or  article. 

I'ciilli:  All  cars  shall  he  ke|)t  c(iinroiialil_\  healed  whenever  (he  tem- 
perature without  is  lielow  I'ort.v  (h'^rees  Fuhreiilieii .  All  cars  shall  he  kept 
in  a  cleanly  condition,  and  free  from  tilth  or  rnhhish.  I'^ach  car  shall  be 
ideiitilied  In  the  numhor  of  the  car  phiinly  appearinj;  thereon.  At  all  times 
while  bein-;  operated  every  car  shall  indicate  the  line  to  which  the  same 
belonjrs,  or  if  there  be  divisions  of  «nch  line,  then  the  iiarticniar  division 
thereof,  by  si^jns  or  lelterini;  plainly  lej;ible  to  persons  on  the  street,  or 
sidewalk,  said  si;;ns.  after  snns(>t.  to  consist  of  illnminaled  lrans|iarencies. 

lOleveiith:  It  shall  be  the  diil\  of  I  he  iiiolorinan  or  other  ix-rson  con- 
trcilliiij;  the  iiinninf;  of  a  street  car  to  rednce  the  s|)eed  of  the  same  when 
apiiroachinjr  and  jiassinj:  a  lire  engine  house  to  not  exceed  six  miles  an 
luMir.      I  (Mil.  L'lll.'I.  anieiicliiig  M.  (_\,  sec.  1700.) 

Cluirtir.  Art.  X.  s.'i-.s.  1  and  L'.  confers  full  autliorlty  over  street  ranroads  and 
their  retrulatlon  and  control.     See  note   thereto. 

In  Genrrnli 

It  is  not  to  lie  qiiostioned  tluit  tlu-  City  of  St.  Louis,  under  the  eomprohenslve 
grants  in  its  Cliarter.  has  the  police  power  to  regiilate  the  use  of  Its  streets  by 
street  oar  companies  (to  whom  it  has  granted  prior  franchises),  for  the  protec- 
tion of  tlie  public  which  uses  them  for  tlie  paramount  purpose  for  which  they 
are  established,  to-wit,  for  travel  thereon:  Sluder  vs.  Transit  Co..  189  Mo.  107, 
130;  SpringOeld  Ry.  vs.  Springfleld,  So  Mo.  G7J. 

Where  an  ordinance  is  In  the  exercise  of  the  police  power  of  the  city,  and 
not  of  Its  proprietary  right  to  contract  for  Its  municipal  advantage,  the  ordi- 
nance does  not  depend  upon  the  acceptance  of  the  street  car  companies  to  malce 
it  obligatory  upon  them  to  obey  it.  but  it  is  a  municipal  law  of  which  all  are 
reijulred  to  tal<e  notice,  and  It  has  tile  full  force  and  elTect  of  law  within  the 
city's  limits:  Sluder  vs.  Transit  Co.,  189  Mo.  107,  132,  reviewing  the  authorities 
In  this  state:  RIska  vs.  Ry.,  180  Mo.  168.  193:  Gebhardt  vs.  Transit  Co.,  97  Mo. 
App.   373. 

Where  the  ordinance  Is  contractual  with  the  company,  Its  acceptance  must  be 
shown,  to  bind   the  company:    Springfield  Ry.  vs.  Sprlngtleld,  85  Mo.  674. 

As  to  what  is  an  acceptance,  see  U.  D.  Ry.  vs.  Southern  Ry.,  105  Mo.  562: 
Canipbell  vs.  Ry.,  17.'>  Mo.  161.  176:  Schmidt  vs.  Ry.,  163  Mo.  645:  Holwerson  vs. 
Ry..   157  Mo.   216. 

Where  in  the  ordinance  conferring  the  franchise,  the  rate  of  speed  Is  limited, 
no  further  acceptance  need  be  shown  than  the  operation  thereunder  of  the  cars: 
Chouquette  vs.  Ry.,  152  Mo.  257.  265. 

The  violation  by  a  street  car  company  of  an  ordinance  passed  as  a  police  regu- 
lation for  the  protection  of  the  safety  and  property  of  the  citizens.  Is  negligence 
per  se,  and  affords  the  basis  for. recovery  by  a  person  Injured  In  consequence  of 
such  violation:  .'Sluiler  va.  Transit  Co..  1.S9  Mo.  107.  (following  Jackson  vs.  Rail- 
road. 157  Mo.  621,  Hutchinson  v.s.  Railroad,  161  Mo.  246,  Karle  vs.  Railroad,  55 
Mo,  476,  Prewett  vs.  Railroad.  134  Mo.  615,  RIska  vs.  Ry.,  180  Mo.  168,  193,  and 
■  itluT  cases  holiling  the  doctrine  stated,  and  again  overruling  Fatli  v.s.  Railroad, 
lii5  Mo.  537.  545  and  the  line  of  cases  following  that  case,  including  Bylngton  vs. 
Ituilroad.  147  Mo.  673.  Murphy  vs.  Railroad.  153  Mo.  252.  Sanders  vs.  Railroad,  147 
.Mo.  411.  Holwerson  vs.  Railroad.  157  Mo.  216,  and  others,  which  announced  the 
•  loitrln.'  Iliat  no  causi>  of  aition  arose  to  a  person  injuri'd  by  suih  an  ordinance). 
Mursliall.  J.,  rlissonts  in  th<>  Sluder  case.  In  a  lengthy  opinion,  citing  many  Mia- 
.'ourl  decisions  pro  and  con.  on  the  ground  that  the  city  could  not,  by  ordinance, 
alter  the  general  rights  and  liabilities  between  private  persons  inler  trie  ao  as 
to  create  a  cause  of  action  otherwise  not  existing  by  general  law. 

Whore  the  company  publishes  Its  reasonable  regulations  as  to  where  Its  cars 
shall  stop  for  leaving  passengers,  the  latter  must  take  notice  thereof:  and  the 
company  may  Introduce  an  ordinance  prohibiting  it  from  stopping  at  the  place 
plalntirr   sought    to   alight  and    was    injured:      Jackson    vs.    Ry..    US   Mo.    199:    but 


gg2  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  23. 

not    if    in    conflict    witli    the    ordinances:      Maguire    vs.    Transit    Co.,    103    Mo.    App. 
459,  -172. 

Clause  Third  of  section  R.  C.  1864:  See  somewliat  similar  ordinance  referred 
to  in  Jaclvson  vs.  Ry.,  IIS  Mo.  199. 

Clniise  Fourth  in  above  section  R.  C.  1864  (Vigilant  Watch  ordinance),  is  a 
valid  police  regulation,  based  on  the  same  principle  as  an  ordinance  regulating 
speed;  it  is  binding  on  the  companies  independently  of  acceptance  by  them,  and 
its  violation  is  negligence  per  se,  which  affords  ground  for  recovery  of  damages 
by  one  injured  thereby:  Sluder  vs.  Transit  Co.,  189  Mo.  107  (with  an  elaborate 
discussion  of  the  authorities  in  the  majority  and  dissenting  opinions,  and  authori- 
tatively overruling  that  line  of  cases  holding  that  a  city  could  not  by  ordinance 
create  a  civil  duty  enforceable  at  common  law  between  private  persons,  of  which 
Path  vs.  Ry.  Co.,  infra,  was  the  leading  case,  followed  by  others) ;  Riska  vs.  Ry., 
ISO  Mo.  168,  193;  Gebhardt  vs.  Transit  Co.,  97  Mo.  App.  373;  Latson  vs.  Transit 
Co.,  192  Mo.  449. 

Independently  of  the  question  of  furnishing  a  private  cause  of  action,  the 
validity  of  the  ordinance  has  been  frequently  sustained:  Fath  vs.  Ry.,  105  Mo. 
537;  Liddy  vs.  Ry.,  40  Mo.  506,  519;  Holwerson  vs.  Ry..  157  Mo.  216;  Senn  vs.  Ry.. 
124  Mo.  621;  Schmidt  vs.  Ry..  149  Mo.  269.  284;  Conrad  Grocer  Co.  vs.  St.  Louis, 
etc..  Ry..   89  Mo.  App.  391. 

Where  the  action  is  founded  on  common  law  negligence,  proof  of  vio}ation  of 
the  vigilant  watch  ordinance  is  admissible,  even  though  not  specially  pleaded: 
Meng  vs.  Railway,  108  Mo.  App.  553.  564;  because  the  ordinance  when  properly 
construed  is  but  declaratory  of  the  common  law  duty  of  corporations  operating 
street  cars  in  populous  cities,  and  when  pleaded  is  in  effect  nothing  more  than  an 
inartificial  averment  of  that  duty  that  should  be  stated  in  more  apt  language 
than  is  expressed  by  the  ordinance:  Sepetowski  vs.  Transit  Co..  102  Mo.  App. 
110.    119. 

Clause  Fifth:     See  Shareman   vs.  Transit  Co..   103  Mo.  App.   515,   520.   529. 

Clause  Eighth:  As  to  right  of  way  between  street  cars  and  vehicles,  see  Lat- 
son vs.  Transit  Co.,  192  Mo.  449,  457;  Oates  vs.  Street  Ry.,  16S  Mo.  535,  544;  Schof- 
stete  vs.  Ry..  175  Mo.  142;  and  see  infra  R.  C.  sees.  1S86-18SS;  and  as  to  right  of 
way  of  ambulances  of  Health  department,  see  ord.  23068. 

Clause  Eleventh;  Fire  department  not  to  be  interfered  with:  See  R.  C,  sec. 
1885. 

Sec.  1865.  Regulations  as  to  rate  of  speed. — No  car  shall  be 
drawn  or  propelled  at  a  speed  greater  than  the  rate  of  ten  miles  per  hour 
in  that  part  of  the  city  hounded  by  the  5Iississip]»i  river  on  the  east.  Arsenal 
street  on  the  south  and  (Iraud  avenue  and  its  prolouijation  to  said  river  on 
the  west  and  north,  inclusive  of  both  said  streets,  said  district  so  bounded 
to  be  known  as  the  Central  District;  and  no  car  shall  be  drawn  or  projielled 
at  a  speed  greater  than  at  the  rate  of  fifteen  miles  per  hour  in  that  part  of 
the  city  not  included  in  the  said  Central  District  above  bounded  and  de- 
scribed, to  be  known  as  the  outer  district. 

But  nothino-  in  this  section  shall  be  construed  as  sanctioning  or  allow 
ing  any  car  at  any  time  or  any  place  to  run  at  any  rate  of  speed  which  may 
be  dangerous  to  the  safety  of  passengers  or  persons  on  the  streets.  (Ovd. 
21113,  sec.  ITGOa.i 

Effect  of  ahove  ordinance  21113  on  speed  Icifislutiou.  Prior  to  the  enact- 
mest  of  ord.  21113.  there  was  no  general  law  applicable  to  the  speed  of  street 
car  lines  in  St.  Louis,  because  these  were  held  to  be  governed  by  the  rates  of 
speed  permitted  in  the  numerous  various  sfiecza  I  ordinances  under  which  the  re- 
spective franchises  of  the  companies  or  their  assignors  were  conferred  (so  that 
almost  every  line  and  after  the  consolidation,  each  of  the  several  divisions,  was 
permitted  a  different  rate):  Ruschenberg  vs.  Southern  Elec.  Ry..  161  Mo.  70. 
To  avoid  this  condition  of  affairs  and  the  confusion  and  uncertainty  on  the  part 
of  the  public  growing  out  of  it.  and  substitute  a  harmonious  law.  ord.  21113 
fixed  the  general  rate  of  speed  and  made  it  applicable  throughout  the  city  by 
the  repeal,  in  express  terms,  of  the  speed  provisions  in  the  special  ordinances, 
(as  a  police  regulation  which  could  not  be  contracted  away  in  the  special  ordi- 
nances by  the  city);  ord.  21113,  in  clause  3  of  sec.  1760a  thereof,  therefore  ex- 
pressly  repealed   the   inconsistent  provisions   in    the  following   special   ordinances: 


ART.   VI.)  OF  STREET  CARS  ANI>  STIUOKT   KAII.WAYS.  953 

Nos.     19738.     19429.     19393.     19392.    19352,    19350.    18231.  18677.     18050.  18049.  18048, 

18047.    18010,    17693.    17375.    171S5.    17184.    17183.    17072.  17048.    17047.  17021.  17010, 

17009!    17008.    17004.    1G704,    16641.    16640.    16639.    16169.  15954.    15S03.  15802.  15S01. 

15642!   15606!   15605.   15604.   l56o;i.    ir.fiir.'.    i.^.f.oi.    1.-.600,  i.'-.a47.    ir.nr,.  ir,ii;ri,  ir,023, 
14600,   132S2,   12652  and   4564. 

As  to  rale  of  speed  of  company  whose  cars  are  l>y  law  perinltteil  lo  run  over 
the  tracks  of  another  company,  see  R.  C.  sec.   1S99. 

OrdliiiineoM  reiculntlnK  the  npeed  of  street  railway  companies  are  very  clearly 
within  the  police  powiis  of  the  City  of  St.  Louis,  and  are  binding  on  all  who 
come  within  the  scope  of  their  provisions.  rcKardless  of  any  question  of  accept- 
ance by  the  companies,  and  their  violation  Is  neifllgrence  which,  when  resultlngr 
In  Injury  to  a  private  person.  Is  g:round  for  a  civil  action  (the  later  cases  over- 
rule a  line  of  former  cases  holding  that  a  private  cause  of  action  was  not  cre- 
ated by  violation  of  an  ordinance):  See  authorities  In  preceding  note;  also 
Sluder  vs.  Transit  Co..  189  Mo.  107.  130;  Rlska  vs.  U.  D.  Ry.  Co..  180  Mo.  168.  194. 
See  also  Story  vs.  Transit  Co..  108  Mo.  App.  424.  430. 

And  see  authorities  to  same  effect  In  note  to  regulation  of  speed  of  steam 
roads,  supra,  sec.  1856. 

But  In  a  suit  by  a  conductor  against  the  company,  the  latter  cannot  defend 
that  Its  servant  obeyed  the  rules,  even  In  violation  of  the  ordinance:  Moore  vs. 
Transit   Co..    193    Mo.    411.    420. 

Authority  by  ordinance  to  run  at  certain  speed  does  not  confer  on  the  com- 
pany the  right  to  do  so.  where  It  Is  dangerous  under  the  particular  circum- 
stances: Schmidt  vs.  Ry.,  149  Mo.  269;  Holden  vs.  Ry.,  177  Mo.  456;  Beler  vs. 
Transit  Co.,  197  Mo.  215;  Story  vs.  Transit  Co.,  108  Mo.  App.   424,  430. 

As  to  speed  In  absence  of  ordinance  or  statute,  see  Petty  vs.  Ry.,  179  Mo.  666; 
Holden  vs.  Ry.,  177  Mo.  456:  Warner  vs.  Ry.,  178  Mo.  125;  Theobald  vs.  Transit 
Co.,  90  So.  W.    (Sup.)    354;   Latson   vs.  Transit  Co.,    192   Mo.    449. 

S.c.  ism;     l{(><;ulati«»iis  avImmt  s<r«M'f  carlrafks  intcrscrf  st«»ain 
or  striM't  <"ar  (ra«'ks  — ri-jflit  of   \va>    as    l»«>t wccii    s(r«'«'t    <'ars. — 

At  all  jioiiits  wheri»  tlie  street  car  ti'ack.s  mav  iiitersect  or  cross  any  steam 
railroad  track  every  street  car  shall  be  broujiht  to  a  full  stop  not  less  than 
teu  nor  more  than  twenty-five  feet  from  nearest  point  of  intersection,  and 
shall  not  proceed  to  cross  said  railroad  track  until.  u])on  sufficient  invest i- 
j;aIion.  the  conductor  or  other  projier  af^eiit  apjioiiited  liy  the  coniiiaiiy  for 
that  purpiise  is  assured  there  is  iio  danfjer  of  collision.  \vliercii]ioii  the  ](ei-son 
in  control  of  said  car  shall  he  sij;ii;iled  to  proceed.  And  at  all  points  where 
the  street  railway  track  intersects  or  crtisses  other  street  railway  tracks. 
the  car  shall  be  stojtjjed  immediately  before  crossiufj;  the  same,  so  as  to 
avoid  (hiufier  of  collision.  The  car  going  in  an  eastwardly  or  westwardly 
direction  over,  on  or  crossing  any  intersecting  street  upon  which  other  street 
cars  are  run  shall  be  entitled  to  the  right  of  way  to  ]iass  before  any  car 
going  in  a  northwardly  or  southwardly  direction  at  the  point  of  intersec- 
tion of  such  slriM'ts.  And  it  sluill  lie  the  duty  of  the  conductor,  iiioloriiian. 
gripinaii.  drivei',  t>r  any  other  person  in  charge  of  the  car  going  a  north- 
wardly or  southw:irdly  direction  to  run  the  car  when  approaching  the  in- 
tersection of  other  street  railways  so  as  to  stoj)  in  due  time  and  give  the 
right-of-way  to  the  car  going  in  an  eastwardly  or  westwardly  dii'e<-tion  on 
the  inter.-^'cting  line.  Hiit  in  no  event  shall  this  chuise  be  so  construed  as 
to  sanction  or  ;illow  a  willful  (»r  w;inloii  collision  by  the  conductor,  motor- 
man,  gripman.  or  driver  of  a  lar  running  in  an  eastwardly  oi'  westwardly 
dirrction.      lOrd.  lil  11:!.  sec.   ITf.ll.i.  i.:ir.  2.) 

See    .similar  statutory    provision    R.    S.    1S99,   sec.    1180    (ante    "I..aws   Applicable 
to   St.    Louis."   sec.    618). 

Sec.  18tJ7.  TiiiH'  scIumIuU's — how  cliaii^cti.  .\ll  jiersons.  corjio 
rati(Uis  or  associations  running,  o|>ei-ating  or  loiiirolljng  the  regulation  yr 
operation  of  street  cars,  or  the  time  schedule  for  the  same,  shall  be  re(|iiired 
to  observe  and  conform  to  the  following  rcfiuirements  and  regulations: 


934  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  23. 

First :  Unless,  and  until,  amendments  or  alterations  to  be  effected  as 
provided  in  clause  lourtli  of  this  section,  the  cars  of  each  and  every  line,, 
corporation  or  association,  operated  or  running  in  •whole  or  in  part  within 
the  Central  District,  or  that  bounded  by  the  Mississippi  river,  Arsenal  street 
and  Grand  avenue  and  its  j)rolongation  to  the  river,  said  streets  inclusive, 
shall  be  so  operated,  managed,  regulated  and  scheduled  that  in  the  start- 
ing of  the  successive  cars  from  the  starting  iioints  for  the  trips  over  the 
route,  there  shall  never,  from  half-past  five  forenoon,  to  half-i)ast  eight 
forenoon,  nor  from  half-past  four  o'clock  to  half-past  six  o'clock  in  the 
afternoon,  be  an  interval  of  time  exceeding  thi'ee  minutes,  except  on  Sun- 
days and  legal  holidays,  when  such  intervals  shall  not  exceed  four  minutes; 
and  from  half-past  eight  o'clock  forenoon  to  half-past  four  o'clock  after- 
noon of  every  day,  such  intervals  shall  not  exceed  six  minutes:  and  from 
half-past  six  o'clock  afternoon  to  midnight,  such  intervals  shall  not  exceed 
six  minutes,  and  from  midnight  to  half-past  five  o'clock  forenoon  such  inter- 
vals shall  not  exceed  one  hour.  In  every  case  successive  cars  having  started 
within  the  res])ective  i)erio(ls  of  time  above  indicated,  no  greater  interval 
of  time  than  the  maximum  interval  for  starting  shall  be  permitted  to  elajjse 
between  the  passing  of  any  such  cars  at  any  point  along  the  route  until  the 
trip  is  completed. 

Second:  Unless,  and  until,  amendments  or  alterations  be  effected  as 
provided  in  clause  fourth  of  this  section,  the  cars  of  each  and  every  line, 
corporation  or  association,  operated  or  running  wholly  within  the  outer 
district,  namely,  all  that  portion  of  the  city  not  included  in  the  Central 
District  above  bounded,  shall  be  so  operated,  managed,  regulated  and 
scheduled  that  in  the  starting  of  the  successive  cars  from  the  starting  point 
for  the  trijis  over  the  route,  there  shall  never  from  half-past  five  to  half- 
past  eight  forenoon,  nor  from  half-jiast  five  to  seven  o'clock  afternoon,  be 
an  interval  of  time  exceeding  six  minutes;  and  from  half-jiast  eight  fore- 
noon to  half-jiast  five  afternoon  of  every  day.  and  also  from  seven  o'clock 
afternoon  to  midnight,  such  interval  shall  not  exceed  seven  minutes;  and 
from  midnight  to  half-past  five  o'clock  forenoon,  such  intervals  shall  not 
exceed  one  hour.  In  every  case  successive  cars  having  started  within  any 
of  the  respective  periods  of  time  above  indicated,  no  greater  interval  of  time 
than  the  maximum  interval  for  starting  shall  be  permitted  to  elapse  between 
the  passing  of  such  cars  at  any  point  along  the  route  until  the  trip  is  com- 
pleted. ---;V    / 

Third :  Where  any  person,  corporation  or  association  operates  or  runs 
cars  all  of  which  do  not  i)ass  over  the  same  route  throughout,  but  which 
partly  or  wholly  cover  the  different  routes,  then  the  two  next  foregoing 
clauses  of  this  section  shall  be  so  construed  as  to  apjily  to  each  division, 
branch  or  route  of  such  line  as  if  the  same  were  operated  as  a  distinct  and 
separate  line,  corporation  or  association. 

The  ])rovisions  in  said  two  jireceding  clauses  fixing  the  maximum  in- 
tervals of  time  allowed  between  the  running  of  the  cars  shall  not  be  so  con- 
strued as  being  violated  in  any  case  where  the  same  cannot  be  complied 
with  by  reason  of  circumstances  beyond  the  control  of  those  upon  whom 
such  duty  is  imposed. 

Fourth:  The  time  schedule  or  maximum  intervals  provided  for  in 
clauses  first  and  second  of  this  section  may  be  amended  and  altered  by  the 
sti'cet  car  comjianies  or  associations  ojiei-ating  the  cars  as  occasional  exi- 
gencies or  the  i)ublic  convenience  may.  from  time  to  time.  re(iuire:  provided, 
however,  that  no  such  contemplated  amendment  or  alteration  can  be  made 


AKT.   VI.]  OK  STRKET  CAltS  ANI>  sri;i;i:T   IIAII.W AVS.  <)55 

or  lK»r()iiio  I'lTi'ctivc  luiloss  ami  until  on  wriltt'ii  aiiplication  siitiinilli-d  to  the 
Mayor  and  rri-siileiit  of  the  ("ouiuil.  ami,  if  tliiMr  Iti'  one,  to  tiiu  Streot  Rail- 
way Supervisor,  such  ])roposeil  aiiu'ndnu'nt  or  alteration  shall  have  received 
the  sanction  and  appioval  of  at  least  two  of  said  otTicials,  to  be  evidenced 
by  their  eiidorsciiu'nl  thereon,  and  said  dociinii'nl  shall  have  been  liU'il  with 
the  He;;ister;  and  in  every  case  of  uniendnient  or  alteration  a  new  and  com- 
plete time  schedule  of  the  <)iiei-ation  of  the  cars  shall  be  tiled  with  the  IJe}?- 
ister.  Any  permit  for  a  chaii;;e  in  tiic  lime  schedule  or  iiiaxiiiniiii  intervals 
between  cars  may  be  revoked  by  the  Mayor  and  I'resident  of  the  t'ouucil  and 
the  Stre<>t  Railway  Supervisor,  if  there  be  one,  or  by  any  two  of  said  oll'i- 
cials.  and  upon  such  revocation  of  such  jtermit  or  sanction  the  time  schedule 
or  maximum  inti'rvals  between  cars  herein  provided  shall  tliereupon  aj,'ain 
l)€Come  etl'ective  in  lieu  of  those  for  wliidi  the  saiicli<iii  or  permit  has  been 
revoked. 

Fifth:  Ninety  days  fi'om  and  after  the  time  of  approval  of  this  ordi 
nance  shall  be  allowed  all  pei-sons.  c(M']>orations  or  associations  all'ected  by 
the  forefjoin;;  three  clauses  (o  comply  with  the  provisions  thereof.  (,Ord. 
21113,  sec.  ITGOb.) 

By  clause  sixth  In  ord.  31113,  sec.  1760b,  tlie  provisions  of  special  ordinances, 
so  far  as  they  may  be  Inconsistent  with  the  time  schedule  (Ixed  In  ord.  21113, 
are  apeclrtcally  repealed,  such  special  ordinances  beln^  numbered  19429,  19393. 
19392.  19352.  1.S231.  1S049,  1804S.  1S047,  17C93.  17375,  17185.  17047.  17021,  17010. 
17009,  17008.  16641.  16640.  16068.  15954,  15606,  15605.  15547.  15164,  15038.  15023, 
14S37,  144S5,  144S4.  13282.  12976,  12888.  12713.  12513.  11692.  11580.  11528.  11321, 
11237,  10824,  8982,  8701,  6023,  5735.  5427,  and  5309;  and  sec.  1780  and  1781  of 
M.  C.  are  repealed  also. 

As  to  the  right  of  the  city  to  fix  such  time  schedule,  see  Charter,  Art.  X.  sec. 
1,  conferring  power  concerning  "all  questions  arising  with  reference  to  street 
railroads,  whether  such  questions  Involve  construction,  granting  right  of  way 
or  regulating  and  controlling  them  after  their  completion,"  etc.;  and  id.,  sec.  2, 
conferring  power  "to  regulate  the  time  and  manner  of  running  cars,"  etc.  (same 
as  by  statute  conferred  on  cities  of  the  first  class:  R.  S.  1899,  sees.  5439-5440). 
And  Chart..  Art.  III.  sec.  26.  clause  11.  giving  power  to  grant  right  to  construct 
railways  "subject  to  the  right  to  amend,  alter  or  repeal  any  such  grant  In  whole 
or  In  part,  and  to  regulate  and  control  the  same,  as  to  their  fares,  hours  and 
frequency   of   trips,"   etc. 

In  State  ex  rel.  vs.  Corrlgan  Street  Ry.,  85  Mo.  263,  282,  In  denying  the  right 
of  the  city  by  subsequent  ordinance  to  Increase  contractual  burdens  Imposed  In 
the  franchise,  the  court  also  suggestid  that  a  provision  In  such  subsequent 
ordinance  that  "Cars  on  such  regular  lines  shall  be  run  at  Intervals  not  exceed- 
ing  five    minutes"    was   a   "proper  exercise   of   the    police    power." 

Sim'    i.sc.s.    \  iolat  ion  of  "^ix-cd  or  t  iiiif  sc]i(>iliiU'  «>rot  Imm-  r4'<;ii]a- 
tioii  iiiiuU'  iiii.sdfiiuiiiior     prrparatioii  <>i-|)i-oiiiiil;>:atioii  olsi-hed- 

iile  <>r  ortler,  et<" penalty. — Kvery  person  or  corporation  which  may 

ilo  any  act  in  violation  of  any  of  the  jirovisions  of  .sections  ]S{;-1,  l.StM,  ISOG 
or  l.'>»liT,  or  of  any  section  relatiii};  to  the  re;;ulalion  or  operation  of  street 
cars  where  no  dilVerenl  ]irovision  is  made  for  a  violation  thereof,  and  every 
presiclent.  siiperiiiteiideiit.  iiiaiia;,'er  or  other  oll'icer  of  any  corporation  or 
assoiiation  who  in  any  way  aids  or  participates  in  (he  preparation  of  any 
schedule  or  order,  uv  the  proinul^ation  thereof  to  any  employe,  the  terms  of 
wliirh  contemplate  and  result  in  a  violation  of  any  of  the  provisions  of  sec- 
tions ISIi.").  ISVtV,.  or  of  any  other  section  of  this  article  where  no  ditFerent 
jirovision  is  niatle  for  a  vicdation  thereof,  shall  1k'  deemed  fiuilty  of  a  mis- 
demeanor and  iijion  lonviction  thereof  shall  Im-  lined  not  less  than  five  dol- 
lars nor  more  than  live  hundred  didlais  for  each  and  every  otfeiise;  even- 
day  during;  which  any  unlawful  order  or  schedule  remains  unrevoked  shall 
Ik'  considered  a  separate  otl'eiise.      i  ( >rd.  "Jlli:!.  sec.   ITiii'i-.  i 


956  REVISED  CODE  OR  GENERAL  ORDIN.\NCES.  [CHAP.  23. 

Sec.  1869.  Each  car  to  run  over  entire  route— passenj^ers  not 
to  be  required  to  change  cars — exceptions — how  routes 
chanjfed. — Except  in  case  of  unavoidable  accident  or  when  a  car  is  about 
to  turn  in  according  to  a  schedule  at  a  car  shed,  or  where  extra  cars  are 
required  to  run  temporarily  under  exceptional  circumstances  to  a  particular 
point  for  the  accommodation  of  the  jjuWic  and  are  plainly  placarded  to  that 
effect,  every  street  car  company  or  association  oi)eratinfr,  managing,  con- 
trolling or  running  any  line  of  cars,  shall  be  required  to  run  each  of  its  cars 
that  may  be  carrying  one  or  more  passengers,  to  the  end  of  the  entire  route, 
and  shall  not  require  any  passenger  to  alight  from  any  one  of  its  cars  and 
take  a  preceding  or  succeeding  car  traveling  over  the  same  route  in  order 
to  continue  to  his  or  her  destination. 

This  section  shall  not  be  construed  to  i>rohibit  the  reasonable  transfer 
of  passengers  from  one  line  to  another  line,  or  from  one  division  to  another, 
at  any  reasonable  point  from  which  said  lines  or  divisions  do  not  continue 
on  the  same  route;  but  no  such  company  or  association  shall  under  any 
existing  charter  or  franchise  establish  any  new  route  or  routes  which  re- 
quire the  transfer  of  passengers  to  another  car  in  order  to  reach  any  point 
accessible  without  a  transfer  on  August  twenty -eighth,  nineteen  hundred 
and  two,  and  all  routes  as  then  operated  shall  so  continue  to  be  operated 
without  abridgement.  Provided,  that  in  case  of  emergency,  such  as  the 
blocking  of  the  tracks  cau.sed  by  conflagrations  or  under  similar  exigencies, 
the  cars  may  in  order  to  accommodate  public  convenience,  temporarily  be 
run  over  other  tracks  until  the  regular  route  can  again  be  covered;  and  pro- 
vided further,  that  such  comjianies  or  associations  may  make  all  lawful 
changes  in  the  routes  when  public  convenience  requires,  on  condition  that 
the  proposed  changes  first  receive  the  written  approval  and  sanction  of  the 
Mayor,  Tresident  of  the  Council,  and  Street  Railway  Supervisor,  if  there  be 
one,  or  any  two  of  the  said  officials,  and  said  written  approval  has  been 
filed  with  the  Register.  And  provided  further,  that  said  written  approval 
may  at  any  time  be  revoked  by  any  two  of  the  officials  above  named,  and 
upon  such  revocation  of  such  api)roval  or  sanction,  as  aforesaid,  the  route 
originally  existing  before  such  sanction  or  permit  shall  forthwith  be  re- 
established, subject  to  the  jirovisions  of  this  article.  (Ord.  21113,  sec. 
ITfiOd.) 

See  this  section  construed  in  Dryden  vs.  Transit  Co..  120  Mo.  App.  424.  427, 
429,  holding  in  effect  that  it  is  an  "utiavoidable  accident"  when  the  car  is  be- 
hind time  resulting-  from  a  Jammed  switch,  and  that  to  divert  the  car  from  its 
regular  route  and  make  a  loop.  -'O  as  to  give  it  the  usual  space  ahead  of  the  fol- 
lowing car,   is  not  a  violation  of  the  ordinance. 

Sec.  1870.  Rej?ulations  for  receivin<?  and  discharffinf;  jias- 
senjrers  — when  and  where  <*ars  must  be  stopped— slow  down  at 
crossinjjs  wlien   meeting   other  cars— ring   gong— red   liglit.— 

The  following  rules  and  regulations  concerning  the  running  of  street  rail- 
way cars  shall  be  binding  upon  every  comiiany.  co-partnershij)  and  corpora 
tioii  operating  or  running  street  cars  in  the  (Mty  of  St.  Louis,  and  also  upon 
their  employes: 

First:  Street  cars  shall  be  stojiped  for  taking  or  discharging  passen- 
gers as  follows:  Those  going  southward  shall  stoji  on  the  south  side  of  the 
intersecting  streets;  those  going  northward  shall  stoj)  on  the  north  side  of 
the  intersecting  streets;  those  going  eastward  shall  stop  on  the  east  side  of 
the  intersecting  streets;  those  going  westward  shall  stop  on  the  west  side 
of  the  intersecting  streets. 

Second:  It  shall  be  the  duty  of  every  driver,  motorman.  gri])man.  or 
other  servant  running  any  car  to  bring  his  car  to  a  full  stop  at  the  corner 


ART.   VI.]  OF  STREET  CAHri  ANH  STREET  RAILWAYS.  •        957 

of  tlic  s(r«H.»ts  as  herein  provitletl.  wIkmicvim-  ici|nestecl,  sifjiialcd  or  inotioucd 
hy  aiiv  iHTson  stamiiiif;  on  sni'li  a|i|>ro|ii'iiit)>  cornor  dcsii'injr  to  lioanl  such 
car.  or  liy  the  coiKhictor  of  such  cars,  or  whenever  so  i'e(|iiesie(l.  sijjnahMl  or 
rtrch-red  hy  ihe  conductor  or  any  |passciij;ei'  on  siuli  car  desifitij;  lo  leave 
sncli  cat',  and  in  every  instance  such  cat-  shall  feinain  slalionai'v  fof  a  .suf- 
ficient len;;tli  of  time  to  enaiile  ]iassen^ers  safely  to  hoai-d  or  leave  the  car; 
])i-ovided.  tiiat  a  car  in  which  theiv  aiv  no  unoccupied  seat.s  need  not  stop 
to  receive  passenfjers  when  such  passeiifjers  may  hoard  a  sncceedinn;  car 
which  is  at  the  lime  within  tliree  luiudred  feet  of  Ihe  first  car  and  lioiiiid 
over  the  same  ruiile  thrniii,'liout. 

Thnd:  \\lieiie\('r  any  car  is  aliuiii  to  pass  aiinllici-  car  jioinji  in  the 
opposite  direction,  at  a  point  where  it  is  permissiiile  to  passeiii^ers  to  ali;ilit 
from  or  to  hoard  a  car,  said  car  shall  proceed  at  a  rate  of  speed  not  over 
three  miles  an  hour,  and  the  motormaii,  driver,  or  person  in  control  sliall 
rill};  a  warnin},'  f^on';  or  hell.  All  cars  runniii};  on  a  route  any  portion  of 
which  is  not  li-ihted  hy  street  lamps  shall  carry  on  the  rear  end  car  a  red 
lantern  containinf;  a  coal  oil  lijiht.     (Ord.  21113,  sec.  1761.) 

While  street  car  companies  may  make  rules  respecting  the  stopping  of  cars, 
yet  such  rules  must  not  be  Inconsistent  with  the  city  ordinances;  hence  a  rule 
that  cars  need  not  stop  to  take  on  passengers  when  the  cars  are  eight  minutes 
or  more  behind  time  Is  of  no  effect  In  law.  as  It  Is  contrary  to  the  ordinance 
provision:     Maguire  vs.  Transit  Co..  103  Mo.  App.   •t.'i9.   472. 

.■Vnd  a  company  sued  by  Its  own  servant  cannot  set  up  the  defense  that  the 
latter  obeyed  the  company's  rules  Instead  of  a  speed  ordinance:  Moore  vs. 
Transit  Co..  193  Mo.  411.  420.  A  street  car  company  Is  liable  for  negligence, 
where  by  Its  custom  It  stops  to  discharge  passengers  at  the  point  where  plaintiff 
Is  Injured  by  a  premature  starting,  although  such  point  Is  not  one  where  the 
ordinance  requires  It  to  stop:     Gllroy   vs.  Transit  Co..   117  Mo.   App.   663,   068. 

See.  1871.  Penalty  for  violjitiiij;  last  sectuni. — .Vny  driver,  con- 
tlnctor.  inotorman.  •;ri|piiiaii  or  oilier  ser\ant  of  any  street  car  company,  co- 
partnership or  coripoiaiioii  who  shall  violate  any  of  the  provisions  of  the 
next  preceding;  section  shall  he  deemed  jjnilty  of  a  misdemeanor,  and  ni)on 
conviction  thereof  shall  lie  ininislied  l)y  a  tine  of  not  less  than  live  dollars, 
nor  more  than  one  iiundred  dollars,  or  be  imprisoned  in  the  city  jail  not 
less  than  one.  nor  more  than  thirty  days,  or  by  both  such  fine  tind  imi>ris- 
oiunent.  for  each  and  every  offense.     (M.  C,  sec.  17G2.) 

Perhaps  only  so  much  of  the  penalty  as  provides  for  a  fine  (and  In  case  of 
failure  to  pay  same,  to  be  worked  out  at  the  work-house,  as  In  case  of  other 
fines).  Is  authorized  by  the  Charter.  If  the  section  contemplates  Imprisonment 
even  If  there  he  no  default   In  paying  a  fine:     Charter.   Art.   IIT.  sec.   26.  clause  10. 

See.  1872.  PriiitiMl  <'0|»y  of  ordiiiaiicc  t<»  !>«'  poslrd  in  t'ach 
oar.  — .Vny  company.  coparinerslii[>  or  coi|ioraiiiin  ()|ieratiii};  or  running 
street  cars  in  the  ("ity  of  St.  Louis,  whether  |iri>pelled  or  drawn  by  Imr.ses. 
nmles.  cable  or  electricity,  shall  he  re(|iiired  to  expose  to  plain  view  to  each 
pas.sen;;er  enteriii};  their  cars  inside  of  each  of  their  cars,  a  printed  copy  of 
sections  1870  and  1871.  .Vny  violation  of  the  ju'cvisions  of  this  section 
sliall  he  deemed  a  misdemeanor.  ;ind  on  conviction  thereof  the  said  comi)any, 
copartnership  or  corporation  shall  be  fined  not  less  than  five  dollars,  or 
not  more  than  one  hunilred  dollars  for  each  and  every  offense.  The  non 
compliance  with  the  jirovisions  of  this  section  shall  for  eai-h  day  and  for 
each  car.  when  and  where  sucli  violation  exists,  constitute  a  .sejiarate  of- 
fen.se.    t  M.  ('..  sec.  I7r.:!.  i 

Sei'.  1S7:L  l-fntltT.s  lo  lu'  prox  i(lc(l  appioxal  of.  .VII  peivons, 
a.ssociations  or  corjiorations  now  or  hereafter  owninj;  or  o|M»ratin<;  street 
railways  in  the  City  of  St.  Louis,  either  by  cable  or  electricity,  shall  pro- 


958  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  23. 

vide  all  of  their  grip  or  motor  cars  now  or  hereafter  in  use,  with  fenders 
projecting  beyond  the  front  jjlatforms  of  such  cars,  and  designed  to  catch 
and  sustain  any  human  being  who  may  be  in  the  way  of  such  car,  and  also 
provide  and  equip  all  their  street  cars  with  front  and  rear  wheel  guards; 
such  fenders  and  wheel  guards  shall  be  of  a  design  which  the  board  of 
public  improvements  shall  have  certified  in  writing  meets  the  approval  of 
such  board.  All  such  cars  shall  be  etiuipped  with  such  fenders  and  wheel 
guards  by  September  first,  eighteen  hundred  ninety-five,  and  such  fenders 
and  guards  shall  be  placed  on  all  street  cars  in  use  thereafter.  (M.  C,  sec. 
17C4.) 

In  the  absence  of  a  statute  or  ordinance  there  is  no  duty  requiring  the  use 
of  fenders,  and  their  absence  is  not  negligence,  at  least  not  per  st :  Hogan  vs. 
Ry..    150   Mo.    36.    48. 

Sec.  1874.  Same— revocation  of  certificate  of  approval — time 
for  furnishing  new  fender  plans  —  penalty  for  opcratinj;  there- 
after without  new  fender — use  of  broken  or  ineffective  fenders 
misdemeanor,  etc.— It  shall  be  tlie  duty  of  tlie  Board  of  I'ulilic  Imjirov- 
inents  to  examine  and  pass  upon  all  designs  for  fenders  and  guards  submit- 
ted to  such  board  by  any  street  railway  company,  and  to  give  a  written  cer- 
tificate to  such  company  of  the  approval  or  disapproval  of  such  designs  by 
said  board.  If  at  any  time  the  board  shall,  upon  investigation,  determine 
that  a  fender  or  guard  which  it  has  previously  approved  is  ineffective  or 
unsuitable  as  a  life-saving  device,  it  may  cancel  and  revoke  the  certificate  of 
ajiiiroval  theretofore  issued  by  it.  Upon  such  cancellation  or  revocation  the 
board  shall  cause  to  be  served  a  notice  thereof  upon  the  president  or  other 
chief  officer  of  the  company  using  such  fender  or  guard,  or  in  the  event  of 
the  absence  of  the  president  or  other  chief  officer  from  the  office  of  the 
company,  then  upon  some  person  employed  by  the  company  and  in  charge 
of  its  business  office,  and  sixty  days  after  the  service  of  such  notice  upon 
such  company  shall  be  allowed  said  comj)any  within  which  to  provide  new 
fenders  or  guards  meeting  the  approval  of  the  board;  and  any  company 
using  a  fender  or  guard  after  the  lapse  of  sixty  days  from  the  service  of 
such  notice  of  cancellation  or  revocation  of  its  approval  as  aforesaid,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  in  a  police  court 
of  the  Cif\-  of  St.  Louis,  shall  be  fined  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars  for  each  and  every  offense,  and  every  day's 
violation  of  this  provision  shall  constitute  a  separate  offense.  If  any  com- 
pany shall  use  on  any  of  its  cars  any  fender  or  guard  which  has  become 
broken,  dilapidated  or  ineffective  by  reason  of  lack  of  repair  for  more  than 
one  round  trip,  although  such  fender  or  guard  may  be  of  a  pattern  or  de- 
sign ajiproved  by  the  Board  of  Public  Improvements,  such  company  shall 
be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  sliall  be 
liable  to  the  same  penalties  provided  above.  (Ord.  20540,  amending  M.  ('., 
sec.  17G5.) 

Sec.  1875,     Penalty  for  operatinj?  cars  without  fenders. — Any 

person,  corporation  or  employe,  ojierating  any  street  car  in  the  City  of  St. 
Louis,  after  October  first,  eighteen  hundred  ninety-five,  not  equipped  with 
fenders  and  guards  as  hereinbefore  jjrovided,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  ui)on  conviction  thereof  in  the  police  court  of  the  City  of 
St.  Louis,  shall  be  fined  not  less  than  one  hundred  dollars  for  each  and  every 
offense,  and  everv  dav's  violation  thereof  shall  constitute  a  separate  offense. 
CM.  C.  sec.  1766.) 

See.  1876.     Gettinj;  on  fenders,  forbidden,  except.— Any  ])erson 
who,  when  not  in  danger  of  injury,  shall  get  upon  such  fender  attached  to 


AItT    VI. 1  OF  STREET  CARS  AND  STREET  RAILWAYS.  950 

any  i-ar,  as  hereinbefore  provided,  whether  such  ear  be  standing  still  or 
in  motion,  shall  ho  jtnilty  of  a  niisdcineaiior,  and  upon  conviction  thereof 
shall  Im'  tint'd  not  less  than  ten  dollars  nor  luorc  than  I'lt'ly  dollars.  (  M.  ('., 
sec.  ITtiT.) 

Sec.  1S7?.  I?rak«'s  to  1)«' pro\  itIiMi  fiow  ;ippr«>v«'(l  <'«'r(irK'a(<' 
of  approval — p«'iialt,\  for  opi-ratioii  of  iiiolor  car.H  without 
brakes.— All  persons,  associations  or  corporatit)ns  now  or  hereafter  own- 
iufi  or  operalinj;  street  railways  in  the  City  of  Saint  Louis,  shall  ])rovide  all 
theii-  umiiir  cars,  now  or  hereafter  in  use.  with  brakes  to  stop  the  cars,  of  a 
desi};ii  which  the  lUiard  of  Public  Iiii]irovciii('nls  shall  lia\'e  rcrtilied  in 
writiiif;  meets  the  approval  of  the  board.  It  shall  he  llic  duty  of  said  board 
to  e.xaniine  and  jiass  upon  all  dcsijiiis  for  brakes  stdimitted  to  it  by  any 
striH't  railway  comi>aiiy,  ami  to  ;;ive  a  written  certiticaie  to  such  company 
of  the  ap|iroval  or  disapproval  of  such  desi;;ii  by  said  board.  After  the 
approval  by  said  board  of  a  particular  kind  of  brake,  there  shall  be  allowed 
to  such  person  or  corporation  operatinj;  such  ears,  the  space  of  sixty  days 
to  eipiip  the  cars  with  the  kind  of  brakes  so  apjiroved;  after  whieli  time 
any  person,  curiioratioii  or  employee  operating  any  street  car.  contrary  to 
the  provisions  hereof,  shall  be  deemed  j;uilty  of  a  misdemeanor  and  ujion 
conviction  thereof  in  the  INdice  Court  of  the  City  of  Saint  Louis,  shall  be 
fined  not  less  than  one  hundred  dollars,  nor  more  than  five  hundred  (hdlars, 
for  each  and  every  oll'ense,  and  every  day's  violation  of  this  ju-ovisiou  shall 
constitute  a  separate  otfense.  The  said  board  shall  approve  only  of  such 
desi<;ns  of  brakes  that  are  more  elTective  in  ipiicl;  slop](inf:  of  cars,  and 
conducive  to  the  jjeaiest  safety  to  the  ]>nblic.     (Ord.  2(>(;.":!,  s(>c.  L) 

See.  1S78.  Revocation  of  ai)pro\al  iio(i<'«>— new  brakes  <Iier«'- 
af<er— penally  for  usinjr  <lisappro\  »'(1  brake — -If  at  any  time  the  said 
board  shall  ii|ioii  invest  i^'aiioii  dncrmitic  that  a  brake,  which  it  has  {>revi- 
ously  approveil,  is  inetVective  or  unsuitable  as  a  device  for  the  quick  stop- 
pin};  of  cars,  it  nmy  cancel  and  revoke  the  certificate  of  ai)j>roval  thereto- 
fore issued  by  it.  Upon  such  cancellation  or  revo<ation,  tlie  board  shall 
cause  to  be  served  a  notice  thereof  ujion  the  jiresident  oi-  other  chief  olficer 
of  the  comjiany  usini;  such  brake,  or  in  thi'  event  of  the  absence  of  the 
president  -or  other  chief  olficer  from  the  office  of  the  comiiany.  then  ujion 
some  person  employed  by  the  company  and  in  iharfje  of  its  business  olfice, 
ami  si.xty  days,  after  the  .service  of  such  notice  upon  such  company,  shall  be 
allowed  said  company  within  which  to  provide  new  brakes,  meetiii};  the 
r.pjiroval  of  the  board:  and  any  company  or  person  using  a  disap|>roved 
hrake  after  the  lajise  of  sixty  days  from  the  s(>rvice  of  notice  of  cancellation 
of  its  ajiproval.  as  aforesaid,  shall  1m^  deemed  guilty  of  a  misdeme.iiior,  and 
upon  <'oiiviction  in  a  I'olice  Court  shall  be  lined  not  less  than  one  hundred 
dollars  nnr  more  than  live  hundred  dollars  for  e.-ich  and  every  otfense,  and 
every  day's  violation  of  this  ju-ovision  shall  constitute  a  separate  offense. 
i/h..  sec.  2.) 

If  any  company  shall  use  on  any  of  its  cars  any  brake  which  has  be- 
coni(>  broken,  dilapidated  or  inetTective  by  reason  of  lack  of  repair  for  more 
than  one  round  trip,  although  such  brake  may  be  of  a  pattern  or  design  aji- 
prov<>d  by  the  Moard  of  Public  Improvements,  sm-h  <-omiiany  shall  be  deemed 
g!iilty  of  a  misdem(>anor  and  tipon  conviction  thereof  shall  be  liable  to  rlie 
jK'ualties  above  provided,     illi..  sec.  ;?.  i 

Sec.  IST'.t.  Kails— ;;aiig:e,  -.hapc  nr  w  i«lfli.  .\ll  street  railroails 
shall  be  I'litistructed  and  reconstrm-ted  with  tracks  of  iron  or  steel  rails,  the 
head  or  tread  tlanges  of  which  shall  Im-  laid  and  m.iintained  on  the  grade  of 


960  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.   23. 

the  streets  as  near  as  practicable,  through  which  the  line  of  rail  forming  a 
track  passes.  The  grade  of  the  street  shall  be  determined  by  the  street 
commissioner.  The  inner  sides  or  edges  of  the  head  or  tread  flange  of  the 
rails  forming  a  track  at  the  point  where  they  join  the  lower  flange  shall  be 
four  feet  ten  inches  apart  and  no  more.  The  rails  shall  be  five  inches  in 
width.  The  lower  flange  of  the  rail  shall  be  in  the  inside  of  the  head  or 
tread  flange,  and  shall  be  level  or  witliin  one-sixteenth  of  an  inch  of  level 
on  the  ui>i)er  surface  and  extend  not  less  than  two  and  one-half  inches  from 
tlie  inside  of  tlie  head  or  I  read  tlangv  so  as  to  accommodate  ordinary  ve- 
hicles of  four  feet  and  ten  inches  outside  gauge.  The  head  or  tread  flange 
of  the  rails  shall  have  a  surface  of  not  less  than  two  inches  wide  and  not 
more  than  one  and  one-tenth  of  an  inch  above  the  lower  flange  measured 
from  the  top  of  the  head  or  tread  flange.  Each  rail  shall  be  made  so  that 
the  inside  of  the  head  or  tread  flange  and  the  up])er  surface  of  the  lower 
flange  shall  form  an  obtuse  angle  of  ninety-five  degrees.  No  rail  shall  have 
any  flange,  rib  or  other  contrivance  outside  of  the  heart  or  tread  flange  that 
would  prevent  the  jjaving  of  the  street  up  to  and  level  with  the  surface 
head  or  tread  of  the  rail;  provided,  however,  that  there  may  be  a  groove  of 
not  more  than  one-half  of  one  inch  in  depth  and  one-half  of  one  inch  in 
width  at  the  junction  of  the  inside  flange  with  the  head  or  tread  flange. 
The  board  of  public  improvements  may  appi'ove  for  use  a  pattern  of  rail,  of 
which  the  flat  portion  of  the  inner  flange  shall  be  on  a  level  with  the  head 
or  tread  flange;  the  head  or  tread  flange  and  the  level  part  of  the  inner 
flange  being  separated  by  a  groove  or  channel  for  the  wheel  flanges.  All 
curves  when  laid  shall  be  of  the  "U"  or  gutter  pattern,  or  such  other  im- 
proved pattern  as  mav  be  approved  by  the  board  of  public  improvements. 
(M.  C,  sec.  1768.) 

See  Charter,   Art.   X.   sec.    4. 

Sec.  1880.  Penalty. — Any  failure,  refusal  or  neglect  of  any  street 
railroad  comj)any  or  corjioration  or  any  oflicer  thereof  to  comjily  with  the 
provisions  of  section  187'J,  shall  be  deemed  a  misdemeanor,  and  ui)ou  con- 
viction of  said  comi)any,  or  corporation  or  officer  thereof,  he  or  it  shall  be 
fined  not  less  than  fifty  dollars  nor  more  than  five  hundred  dollars  for  each 
and  every  i"ail  so  laid  by  said  comi)any  not  in  compliance  with  the  provisions 
of  this  and  the  next  jireceding  section.     ( M.  C,  sec.  1869.) 

Sec.  1881.  Tracks — how  constructed  and  reconstructed — pen- 
alty. — Whenever,  by  aulhority  of  an  ordinance  of  the  city,  the  carriageway 
of  any  street  upon  which  one  or  more  railway  tracks  are  laid,  is  to  be  con- 
structed or  reconstructed,  the  street  commissioner  shall  notify  the  railroad 
company  whose  track  is  laid  on  such  street,  to  construct  or  reconstruct  in 
like  manner,  and  with  the  same  kind  of  material  as  specified  in  said  ordi- 
nance, the  space  between  the  rails  and  the  space  between  the  tracks  where 
there  is  a  double  track  nv  more,  and  twelve  inches  outside  of  each  rail;  pro- 
vided, however,  that  a  better  niatei-ial  may  be  used  between  the  rail,  if  ap- 
jiroved  liy  tlie  stre(>t  conimissioner.  and  said  work  shall  be  executed  and  i-oni- 
[ileted  as  rapidly  as  the  street  improv(>inent  is  executed  and  coni]ilete(l.  A 
failuT-e  to  observe  this  section  shall,  as  to  each  block  or  part  of  block  of  the 
street  improved,  constit^lte  a  separate  otfense,  and  the  person,  corporation, 
company,  copartnership,  or  president,  superintendent  or  manager  thereof 
otfeiiding,  shall,  on  conviction,  be  deemed  guilty  of  a  misdemeanor,  and  be 
fined  not  less  than  five  dollars  nor  more  than  five  hundred  dollars  for  each 
ofleuse.     (  M.  0.,  sec.  1770.) 

Sec.  1882.     Streets— l>etwe<'n  rails  and  tracks  to  be  kept  in 

repair. — All  street  railroad  companies    shall  keep  in  repair  the  space  be- 


— r 


AltT.  VI  I  OK  STREKT  CAUS  ANI>  STltKIOT   ItAll.WAYS.  9HI 

iwccii  lli(>  rails  and  llic  space  Ih-Iwcimi  iIic  Iracks  wlicrc  llii'ic  is  a  ilouble 
track  or  mure  and  I\\(d\i'  inches  onlside  iiT  eacli  outside  rail.  Said  rejiainj 
shall  l)e  made  and  iiiainlained  with  such  nialerial  as  (ho  sti'eet  is  |)aved 
with;  jiroxided,  however,  that  a  lietter  material  ma.\-  l)e  iise<l  with  tho  ap- 
proval or  b\  I  he  direction  of  the  street  coniniissionei'.  l^verv  failin'e  to  ob- 
sorve  this  section  shall  constitute  an  otrense,  and  tiie  corporation,  coin|)au\-, 
or  the  ])!('sident,  superintendent  or  nnuiajjer  tticreof,  ollendin;;,  shall  be 
(ItHMued  finilty  of  a  misdemeanor,  and  on  couvictiou,  shall  be  punished  by  a 
lino  <if  not  less  (lian  the  dollars  nor  more  than  five  lumdred  dollars  for  each 
olTense.  l",ach  day  a  j;iven  location  remains  unrepaired  after  the  expiration 
of  twenty  four  hours  from  the  time  a  written  oi-  jprinted  notice  to  repair  the 
same  is  issni'd  t)y  the  street  commissi(Mier  and  is  delivered  at  the  olVice  of 
the  conipanv  in  ihc-  (ii\,  shall  couslituie  a  separate  otVen.se.  (.M.  t'.,  .sec. 
1771.) 

See  Clmrtt-r,  .Art.  X,  sec.  3,  and  note  thereto. 

An  obUf^ntlon  to  repair  only,  does  not  require  the  company  to  reconstruct: 
State  e.\  rel.  vs.  Corrlgan  Street  Hy..  S5  Mo.  263;  or  to  pave:  Kansas  City  vs.  Cor- 
rlgan  Ry.,  86  Mo.  67.  See  also  as  to  when  companies  are.  or  not.  e.xernpl  from 
repair  of  tracks,  etc..  St.  Louis  vs.  Mo.  Ry..  l.T  Mo.  .-^pp.  !>24;  St.  Louis  vs.  Mo. 
Ry..  87  Mo,  151.  As  to  authority  to  pass  such  ordinances  generally,  see  Spring- 
field vs.  Ry..  GO  Mo.  App.   nil. 

See.  1883.  IN'iialty. — .Vny  jiersoii,  corporation.  comii:niy  or  <  opart- 
nershiii.  or  the  presiilent,  superinli'iideiit  or  maii;i};ei'  thereof,  violalinj;  or 
failing  to  comply  with  any  of  the  l'ore<;oiuji  provisions  of  this  artich-,  ex- 
cept as  otherwise  provided  for,  shall  be  deemed  fiuilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  be  lined  not  less  than  live  nor  more  th;in  live 
hundred  dollars.     (M.  (,'.,  sec.  1172.) 

Sec.  1884.     Hailway  foiupanio.s — liability  <»!' — v\ty   iiol    liabh'. 

-  The  City  of  St.  Louis  shall  not  be  held  liable  lo  any  railway  ciuupauy  or 
individuals  for  any  damage  resullin};  from  the  breakin-;  of  any  sewer,  or 
any  water  or  };as  pii)es,  or  from  any  delay  iu  the  transportation  ol  per 
sons  that  may  be  caused  thereby,  or  from  delays  or  damafres  caused  by 
tire  or  otherwise;  bill  any  such  railway  com|iaii.\  or  indi\idu;ils  shall  be 
liable  for  any  loss  or  injury  that  any  person  may  sustain  by  reason  of  any 
carelessness,  neoleci  or  misconduct  of  their  servants  or  a-^ents  in  the  man- 
agement, construct  inn  or  use  of  ilicir  ii:i<k  m  cars.     i^M.  C.,  sec.  177;{.) 

Sec.  188.5.     lir<'    depart iiu'iit— not    to   hv    lntorf«>r<Ml    with.— 

No  privilcfre  or  authority  hereby  <jranle<i  shall  be  so  ctuistrued  as  in  any 
irianner  to  interfere  with  the  operation  of  the  lire  de]tartnieut  of  the  city; 
lint  in  all  instances  in  cases  of  tire,  tin-  use  of  th<'  streets  where  railro:id 
tracks  are  biid  shall  be  sub.servient  to  the  necessities  of  the  lire  ilepartmeiit. 
I  .M.  C,  sec.  1774.) 

Sec  R.  C.  sec.  1864.  clause  11. 

S<'<'.  issr,.  Vflilclos— \vlH'iHMititlt'(M«»  list' <»f  track — \ehicle.s 
drivinj;  in  the  direction  of  the  cars  upon  any  street  railway  shall  be  entitled 
to  the  trai  k  u.ied  b\   the  cars  ruuiiin^'  in  th;it  directiiui.     i  M.  C.  sec.  177.".) 

Sec.  1.SS7.     \  rliii'lrs— wln'ii    iu»t    entitled  to    u.se   «»f    track.— 

No  vehicle  driviii;;  in  a  contrary  direction  shall  iisi'  sm  h  track  except  for 
the  |iurpo.<»«^  of  crossing  or  avoiding  other  vehicles  tliat  may  l»e  in  the  way; 
anil  anv  ilriver  violatiii;;  the  provision.<<  of  this  s<nlion  shall  Ik'  deemed  piilty 
of  a  mi.sdemeanor.  and  ou  conviction  thereof  be  lined  not  le.ss  than  live  dol- 
lars.    (  M.  (.'.,  .sec.   177G.) 


992  ri:visi:d  r<n>K  or  oknkhal  ordin.xn'cks.  [Chap.  23. 

Sci-.  1888.  Cars — eiititiod  to  preference  on  traeks.— Xothinj; 
cont.aiiied  in  the  next  jji-eccdiny;  two  sections  shall  be  construed  as  in  anv 
manner  interfering  with  the  rights  of  ])assenger  cars  upon  such  track,  or 
as  entitling  any  veliicle  to  any  track  in  jirefei-ence  to  any  such  car,  without 
regai'd  to  tlie  direction.     (M.  C,  sec.  1777.) 

As  to  the  respective  rights  of  street  cars  and  other  vehicles,  see  Gates  vs. 
Street  Ry.,  16S  Mo.  535.  544.  et  scq-:  Latson  vs.  Transit  Co..  192  Mo.  449,  457  and 
cases  cited;  Winters  vs.  Ry.,  99  Mo.  509;  Moore  vs.  Rapid  Transit.  126  Mo.  265: 
Conrad  Grocer  Co.  vs.  St.  L.  &  M.  R.  Ry..  89  Mo.  App.  .191:  Klockenbrink  vs 
Ry..  172  Mo.  678;  Linder  vs.  Transit  Co..  103  Mo.  App.  574;  Degel  vs.  Transit  Co., 
101  Mo.  App.  56.  (As  to  paramount  right  of  Healtii  Department  ambulances,  see 
ord.    2306S.  enacted   afti-r  the  R.  C.) 

See.  1889.     Periodieal  reports  from  street  railways — what  to 

eontain— penalty  for  failure. — li  shall  be  the  duly  of  each  and  all  of 
the  street  railroad  companies  in  the  City  of  St.  Louis  to  report,  under  oath, 
to  the  City  Eegister,  between  the  first  and  fifteenth  days  of  the  months  of 
April,  July,  October  and  January  of  each  year,  by  their  president,  secrc 
tary  or  superintendent,  the  number  of  ti'ijis  made,  the  distance  in  milis 
traversed  thereby,  the  number  of  passengers  carried  over  the  road  of  which 
the  person  making  the  report  is  an  officer,  the  number  of  cars  oiierated. 
and  the  number  of  revenue  or  i)ay  jiassengers  carried  on  each  car  respect 
ively,  during  the  preceding  three  months  ending  on  the  last  day  of  the 
months  of  March.  June,  Seittember  and  December;  and  any  street  railway 
company  failing  to  make  the  report  required  by  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  less 
than  five  nor  more  than  five  hundred  dollars,  and  every  day  that  the  said 
report  remains  delinquent  shall  1r'  considered  a  sejiarate  offense.  (Ord. 
2111.3.  sec.  1778.) 

Provisions  of  this  kind  are  authorized  under  the  C'liart*r;  St.  I.ouis  vs.  K^il- 
war.    89    Mo.    44,    affirmini;    1.    e.    14    M<k    -Xpp.    221. 

Sec.  1890.  streets  and  approaches  to  he  kept  clean — penalty 
for  failure. — All  street  railroad  coiiipaiiics  iu  St.  I.ouis  shall  keep  free 
from  mud,  snow  and  dust  the  approaches  to  their  cars  in  use  at  the  termini 
of  their  lines,  whether  main  lines  or  extensions,  and  at  the  stables  and 
power  houses  of  the  companies,  and  all  other  places  where  the  cars  sto]). 
otherwise  than  momentarily  to  receive  or  discharge  passengers,  and  shall 
maintain  clean  and  jiroper  footways  between  the  cars  of  the  nuiin  line  and 
the  extension  where  ])assengers  are  transferred:  and  shall  kee])  the  streets 
occiijiied  by  them  between  the  rails  and  between  the  track  where  there  is  a 
double  Iratk  or  more,  and  for  .a  space  id'  twelve  inches  outside  of  each  rail 
in  clean  condition  by  the  removal  of  all  snow,  dust.  dirt.  mud.  offal,  there- 
from. The  snow,  dust.  dirt,  mud  and  otTal  shall  be  hauled  away  by  the  rail- 
road companies  and  shall  not  be  deposited  on  the  streets.  Every  day  upon 
which  any  company  fails  to  compl.y  with  this  section  shall  constitute  a  sep- 
arate offense,  and  the  corporation,  company,  or  the  president,  superintend- 
ent or  manager  thereof,  otl'eiiding,  shall,  on  conviction,  be  deemed  guilty  of 
a  misdemeanor,  and  be  fined  not  less  than  five  dollars  nor  more  than  five 
hundred  dollars  for  each  ofl'ense.     (M.  C,  sec.  1779.1 

Sec.  1891.     31otive  power — improved,  may  be  used The  street 

railroail  companies  in  the  city  are  hereliy  authorized  and  empowered  to 
use  any  imjiroved  motive  power  or  motor  for  the  tr;iction  or  propelling  of 
cars  over  their  respective  lines,  such  ])ermission  to  be  subject  to  such  re- 
struct  ions  and  conditions  as  may  be  imposed  by  ordinances  of  the  city,  and 
Ffubject  to  revocation  by  ordinance.     iM.  C,  sec.  1782.) 


AI:T     \  I    I  OK  STUKKT  CAUS  ANM"  STiniKT    KAII.W  AVS.  %;( 

Si'i-.  18!iL'.      I'rt'Cfdiiij;  srcl  i«»ii  — limiliil  ion  ol    «»|H'i-ii(i<>ii Src- 

tiou  IS'Jl  shall  liavi-  fori'i'  aii<l  i-ffiTt  only  ii|m>ii  ami  as  to  siicli  stivct  riiilftiads 
aiui  strt'«'t  railroad  roiii|iaiiii's  as  inav  lik'  willi  llic  <'it_v  Kci^istfr  a  wrillcn 
ai'ci'litancc  of  sections  IS!tl,  IMtL'  anil  IS!!."!,  as  an  aincndnicnt  lo  iln'ir  re- 
s|><-('ti\r  iliaitcis.     (  M.  (  "..  sec.    l7N.'t.  I 

Sii-.  IS'.ci.     Fare  ii(»t  to  h«>  incr4>as«Ml  — ri'ri<;lit  tralli*',  <'(<'.,  i»ro- 

lliltiti*<l. — Notliiii^  (.■oulaini'il  in   this  aiiiili-  shall  In'  coiislrui'il   to  aiillior 
ize  an  iui-n-asc  of  fhi-  vaU'  of  Tare  as  now  estalilislK-d,  nor  (o  allow  (ho  trans- 
j)ortatioii  ol   frci;;lil  over  street  raili'oads.  not"  to  allow  the  use  of  the  ordi- 
nary tliminiN   or  hox  car,  eii},niie,  or  lo<-onioti\'es  of  the  kind  now  used  (ijion 
steam  railroails  in  this  stale,     i  M.  <"..  sec.  17S4.) 

tilgtit  ti.  r.-KHliii.-  far.':  S..-  .^rt  III.  .hit.  L'fi.  clause  ll;  ,/,..  Art.  X,  seo.  1'. 
Sot-  n-s  til  |)i>w<T  i>f  rity  lo  i-iu  down  fiii->-.-<  mulfi-  iliartiT  confcrrliiK  l<>s»  mi- 
thorlty  on  tlio  city:  Detroit  vs.  Detroit  Cltlxi'ns  Ity..  184  U.  S.  368;  San  Antonio 
vs.  AllK<-lt.  -"O  I'.  S.  304.  30!*:  C"l.'Vi-lioiil  vs.  ICIiolrlo  Hy.,  201  U.  S.  G29;  Cl.-v.'luml 
vs.    Kl.rtrU-    Ry..    13^    !T.    S.    517. 

Sec.  l.s!U.  Trafks^wlu'ii  may  Ik'  ti.Nftt  l»y  otluT  than  o|>«>i-at- 
Iri};  <M)inpaiiy.  — Any  street  railroad  com|iany  which  is  or  may  he  here- 
after aiilhoiized  hy  ordinance  of  the  city  to  ojierale  a  Hue  of  street  railroad 
(•ars,  aloii";.  aci-oss  or  ujion  any  street  or  streets  of  said  city,  aloii;;,  across  or 
n|ioli  which  street  or  sireels  any  other  sireel  railroad  company  then  owns  a 
sli-e4-t  railroad,  said  tirst  ineiit  ioned  ioni|iany  ma,\  ojierate  and  run  its  cars 
over  the  track  of  said  oIIk-i-  company  across,  alon^  and  ujiou  such  streets  as 
it  may  hy  ordinance  aforesaid  he  aiithm-ixed  to  run  and  operate  its  road. 
ii|Kiii  the  payment  of  just  <-ompensatioii.  to  he  aseorlaiiied  iiiidei-  Ihe  rules 
and  re;;ulatious  hereinafter  prescrihed.      (M.  ("..  sec.  17S."i.i 

*'harti-r.  .\rt.   X.  s»t.   i'..  anil   futtf   tlu-rt-to. 

S.'c.  189.>.     Pr<K*<Mliir»>  to  <l<'(«'rmiii<'   vnto  of  (■oiH]>oiisa4ioii 

\\hen  any  stn-el  railrnad  compaii.v  sIkiII  desire  In  ojieralc  :i  line  of  street 
cars  o\er  ihe  track  of  any  other  street  railroad  lompany.  or  jiart  thereof, 
as  |irovided  in  section  1S!I4  of  this  article.  |and{  an  a<;reement  caiinol  he 
had  iM'tween  such  companies  as  tti  tlie  compensation  to  he  pai<l  therefore  hy 
the  company  so  desirin<;.  said  coin|ieusatioii  shall  he  ascertained  l)y  a  coin- 
niissioii  of  three  disinterested  freeholders  of  the  city,  to  he  chosen  and  ap- 
pointed in  the  following;  manner,  to  wit  :  The  com|iany  desiring  to  use  said 
traik  may  make  written  ap|ilication  to  that  elTect  to  Ihe  ma.xor  of  said  city, 
accompanied  hy  plans  and  s|K-cilications  slio\\in;:  Ihe  extent  of  track  it  de- 
sires lo  use.  lirsf  ;;ivin;;  ten  days'  notice  in  writiii;;  to  the  i-ailroad  company 
wliose  track  it  is  dosijjned  to  use,  of  the  time  and  purport  of  such  ap|)lica- 
tion.  On  receipt  of  the  same,  with  evidence  of  notice  aforesaid,  the  mayor 
shall  forthwith  ;;ive  notice  to  each  of  said  companies  to  rejiort  to  him  in 
writinj;  within  li'ii  ilays  thereafter,  the  name  antl  atldress  of  one  disinter- 
ested freeholder  of  the  city,  to  ;ict  as  its  chosen  commissioner.  I'pou  the 
expiration  of  the  (en  da\s  aforesaid,  the  mayor  shall  forthwith  a|ipoint  a 
thin!  disinterested  fn-eholder  of  the  city  to  act  as  commissioner,  and  shall 
also  appoint  oiii"  such  freeholder  to  repri'.sent  either  of  such  companies  which 
shall  have  refused  or  ne^dected  lo  appoint  a  commissioner  within  Ihe  time 
afore.said.  Thereupon  the  mayr>r  sliall  forlhwilli  ;;ive  notice  to  Ihe  conimi.'*- 
sioners  so  appointed  of  tlieir  a|ipoinlment.  and  shall  turn  over  to  them  all 
papers  in  liis  possession,  relatiiii;  lo  the  matter  in  controversy,  and  in  ca.se 
of  v.'icancy  in  such  hoard  of  commissioners,  caused  hy  death  or  refusal  to 
.mTve  of  any  of  .said  commissioners,  or  for  any  other  cause  whatever.  Ihe 
mayor  sliall  appoint  a  commissioner  to  till  such  ^■acancy.     .Ml  the  cominiH- 


964  KKVISIOD  CODE  OR  OKXRRAL  ORDINANCES.  [CHAP.   23. 

eioners  provided  for  under  ilic  pidvisions  of  this  section  shall  be  freeholders, 
residents  of  the  city,  and  shall  not  he  interested  in  any  manner  as  stock- 
holders, hondholders.  lienliohlers.  or  otficers  or  employe's  of  either  of  the 
street  railway  companies  in  (pieslion.  When  ai)])ointed.  said  commissioners 
shall  ])roceed  to  determine  the  coniiiensafion  to  he  jiaid  and  The  time  and 
manner  of  its  ])aymen(  ;  ])ro\ided,  that  in  case  one  or  more  street  i-ailroad 
conijianies  shall  lliei-eafler  lie  authorized  to  ojierate,  and  do  cause  to  he  op- 
erated, a  line  of  street  railioad  ears  u](on  said  track,  the  compensation  ])aid 
1)V  the  company  or  com|ianies  already  occiipyin}>'  said  track  may,  u|)on  Mp]il- 
cation  of  (>ither  of  said  comjianies  to  the  mayor,  he  revised  and  readjusted 
by  a  commission  of  three  disinterested  freeholders,  chosen  and  ajjpointed  in 
the  manner  herein  iirescrihed.  And  either  party  may  apply  for  a  readjust- 
ment of  the  terms  of  compensation  once  in  each  jieriod  of  two  years,  to  be 
delermini'd  as  herein   prescrilied.     (  JI.  (\,  sec.  17S(!.) 

See    not<>    to    .sec.    6   of    Art.    X    of   Cliarti-r. 

Tliese  and  tlie  following  ordinance  sections  on  the  same  subject  are  construed 
and  uplieUl  in  tlie  following:  cases:  Grand  Ave.  Ry.  vs.  Lindell  Ry.,  148  Mo.  637; 
Grand  Ave.  Ry.  vs.  Citizens  Ry.,  148  Mo.  665;  Union  Dep.  Ry.  Co.  as.  Southern  El. 
Ry.,  105  Mo.  562;  Railway  Co.  vs.  Railway  Co..  132  Mo.  34.  These  cases  are  more 
fully  set  out  in  the  said  note  to  sec.  6  of  Art.  X  of  the  Charter. 

Sec.  1S96.  Qualification  of  coiiiiiiissioners  —  proceodinjfs  — 
lK>wers  and  duties—report — compensation. — The  said  commis- 
sioners, before  jtroceedino-  to  hear  any  testimony,  shall  take  and  subscribe 
an  oath  before  some  officer  duly  authorized  to  administer  an  oath,  that  they 
possess  all  the  (iiialilictitions  required  in  the  next  preceding  section,  and 
that  they  will  faithfully  and  fairly  hear  and  examine  the  nuitter  in  contro- 
versy, and  make  a  just  tiward  to  tlie  best  of  their  understandinsi'.  which  oath 
shall  be  filed  and  returned  with  the  award.  They  slnill  meet  together  and 
\iew  the  track  or  jiarts  of  track  jirojiosed  to  be  used  by  the  company  making 
the  ai)])lic;ition,  and  shall  hear  testimony  of  witnesses,  and  the  jiroofs  and 
jiUegations  of  the  parties  to  the  proceedings,  as  to  the  value  of  said  tracks 
and  as  to  the  compensation  to  be  paid  to  the  company  whose  track  is  to  be 
used,  and  such  damages  as  the  commissioners  may  deem  just,  and  npon  the 
close  of  the  testimony  shtill,  without  unnecessary  dehty,  make  a  report  in 
writing  of  their  decision  and  award,  which  report  shall  be  signed  by  them 
or  a  majority  of  them,  and  addressed  and  delivered  to  the  mayor  forthwith 
tipon  its  completion:  such  commissioners  shall  be  entitled  to  ten  dollars 
each  jier  day  for  their  expenses  and  services  for  the  tirst  ten  days  they  are 
actually  engaged  in  ]ierforming  their  duties,  and  one  dollar  for  each  suc- 
ceeding day  actually  employed  thereafter,  to  be  paid  by  the  company  making 
the  application,     (M.  C„  sec,  1787,) 

Sec.  1897.  Procedure  on  report  of  coniniissioner.s — bond — 
payment  of  indemnity. — On  the  recejitiou  of  said  report  of  the  commis- 
sioners by  the  mayor,  he  shall  tile  the  same,  together  with  the  origimil  appli- 
cation iind  all  ])a])ers  |iertainiiig  to  the  ]>roceedings,  with  the  city  i-egister, 
and  shall  imniediately  notify  the  jiarties  of  the  decision  of  the  commission- 
ers, and  of  the  tiling  of  their  report,  and  lhereiii)on,  and  on  ])aynient  by  the 
company  making  the  ai)i)lication  of  the  amount  of  the  comjiensation  award- 
ed ill  said  report,  or  after  jiaying  the  same  into  the  circuit  court  for  the 
comiiany  whose  track  it  is  ]>ro]iosed  to  use,  and  U]ion  jiayment  of  the  costs 
and  ex])enses  of  the  commissioners,  and  ii]ioii  filing  with  the  city  register 
a  bond  in  the  sum  of  twenty  Ihousaiul  dollars,  with  two  good  and  sufticient 
securities,  owners  of  unincumbered  real  estate  in  the  citv.  which  bond  shall 


AllT     \1   I  OK  STUKKT  CAUS  ANI>  STKinrr    RAILWAYS.  giij 

Ik-  ;ii>pn)V('il  l>y  the  mayor  and  coiiiii-il;  said  lioiid  shall  l)t>  ('(iiiditioiicd  Idr 
till"  jiaviiiiMils  t(i  till'  coinpaiiv  wliusc  track  or  Irai-ks  art'  to  Ik;  used,  of  sucli 
additiimal  i  oiriiK-iisatioiis  as  may  lie  ordered  to  be  paid  hy  the  eireiiit  court 
oil  any  proceedinj;  therein  as  pro\'ided  in  seetion  ISitS;  the  first  named  eom- 
puny  shall  \>v  entitled  without  further  delay  to  enter  ujioii  and  run  its  cars 
over  the  track  or  part  or  parts  of  the  track  mentioned  and  descriiicd  in  (he 
report  of  such  commissioners.      t.M.  ('.,  sec.  17!!>.S.) 

Sec.  lS!t8.  .Vppoal  |)ro\  isioii  lor  aiul  proctMluir.  r|i,iii  ijie 
filing  of  such  rejiort  of  said  commissioners,  the  rej^ister  shall  (lul\  iiodfy 
l>otli  parties  to  the  contrin-ersy  of  llie  liliiif;  thereof,  and  eillier  |iail.\  Id 
such  controversy  may.  :ii  any  liiiir  within  ten  days  after  the  service  of  such 
notice  as  aforesaid,  appeal  lo  llie  circuit  court  of  the  Cily  of  SI.  Louis  for 
a  review  of  the  report  of  said  commissioners.  Iiy  lilinj;  with  th(>  clerk  of  said 
court  written  exceidions  to  said  reixu-l.  and  serving;  a  cojiy  of  said  cvce)!- 
tiou  upon  the  ojiposito  |parly,  tonclher  with  notice  of  the  time  of  lilin<i  tlu! 
snme,  and  the  court  niaj'  thereupon  make  such  order  therein  as  right  and 
justice  may  re(|nire,  and  may  order  a  new  ap|irai.semenl  in  the  manner 
hereinbefore  jirescribed,  upon  good  cause  shown;  but  notwithstanding  such 
appeal,  the  company  may  o|ierate  its  i-ars  over  such  track  or  (tarts  of  tin; 
track  as  the  report  of  the  commissioners  may  designate,  and  any  siil)S(>ipient 
proceedings  siiall  alfei't  only  the  amount  of  compensation  to  be  paid  :nid  the 
manner  and  time  of  payment.      (M.  C,  sec.  1781). ) 

Seo    cases   rltorl.    supra.    In    note    to    Rev.    Code.    sec.    1S95. 


Sec.  1000.  Surr«'ii«lor  <»f  fraii«-liis(> — liow  :iii<l  when — irro- 
v<M'al»ili(\. — Any  street  railway  coni])aiiy  umiblc  or  indisposed  to  carry 
forward  iis  business  may  notify  the  Mayor  of  such  indisposition,  and  sur- 
render thereby  all  of  its  chartered  rights  or  franchises;  but  such  comiiany 
desiring  so  to  do,  shall  tirst  give  not  less  than  sixty  days'  notice  in  writing 
to  the  .Mayor  of  such  intention  and  intended  action,  and,  after  giving  said 
notice  the  snrri-niler  contemplated  or  referred  to  therein  shall  not  be  revoked 
or  withdrawn  except  by  jiermissioii  of  the  .Mayor  given  before  the  exiiiration 
of  the  time  limited  in  said  notice  for  said  surrender  to  lake  ]ilace  and  no 
such  company  shall  be  authorized  to  surremler  a  part  only  of  its  charten-d 
rights  or  franchises  and  retain  the  remainder,  unless  sanctioned  by  ordi- 
nauce  duly  enactctl  as  required  by  law.     (Ord.  21113,  sec.  ITDO-a.) 

See  Charter  X,  sec.  3,  atitliorlzInK  tills  section.  As  to  non-user  as  Kroiintl  for 
f'lrfeltiire.  nml  proper  proceilure  In  such  rase,  see  State  e.\.  rel.  vs.  Rnllwa.v.  1  10 
.Mo.   .139.  anil  adilltlonal  aiithnrllles  clter]   In   note  to  Charter.  Art.  X,  sections  1.  7. 

Sec,  I'.Hti.  stiH't't  railways  t<>  sprinkh'  (rafks.  In  order  to 
promote  and  pifserve  the  public  health,  and  as  a  police  regulation,  all  street 
railway  companies  or  persons  or  corporations  owning  or  operating  street 
railway  cars  ujion  the  streets,  avenues,  highways  or  imblic  places  of  this 


!)(j(i  RiiviSKU  cuiJi';  oi:  gi;n'i:rai>  oruinancks.  ichap.  -h. 

(•i(,v  shall,  fruiii  and  alter  ninety  da.vs  al'ici-  tlie  approval  ol'  this  ordinance, 
foi'  liic  i)nr])ose  of  laying  the  diisl  \vlii(!h  may  he  created  by  the  nioveiuent 
of  said  cai-s,  spi-inkle  with  water  snch  portions  of  the  streets,  avennes,  high- 
ways or  other  public  jdaces  occupied  by  them  with  their  tracks  and  the 
space  or  the  spaces  between  such  tracks.  Said  sprinkling  shall  be  done  be- 
tween the  lionrs  of  0  o'clock  in  the  morning  and  !(  o'clock  in  the  evening  of 
each  and  every  day  of  the  year,  except  on  such  days  or  parts  of  days  us  the 
dust  shall  lie  laid  by  dampness,  rain,  snow  or  other  natural  causes,  ,'ind  ex- 
<ept  on  such  days  wIkmi  the  we.ithei-  shall  be  so  cold  that  sjuiid^ling  would 
he  im|)ractical)le  by  reason  of  Ihe  freezing  ol   ihe  water.   i()r(l.  l.M)401,  sec.  1. 1 

Sec.  J902.  SaiiH' — wliat  device  to  be  used — B.  P.  I.  to  ai>- 
prove  same. — The  sprinkling  above  jtrovideti  for  shall  be  done  by  means 
of  an  apiiaratus  or  device  ()laced  u])on  railway  trucks  and  so  constructed  as 
to  be  run  and  oj)erated  over  the  tracks  of  such  i-ailway  company,  person  or 
cor|ioration  as  may  own  the  same  or  operate  cars  thereou,  and  said  sjtrink- 
ling  shall  be  done  by  such  companies,  ])erson8,  or  coriioratioiis  at  their  own 
expense.  The  device  or  ajjparatus  and  the  design  and  plan  of  such  sprink- 
ling <-ar  shall  be  first  submitted  to  the  IJoard  of  Public  Improvements  for  its 
a|»proval  before  any  such  sprinkling  car.  apjiaratus  or  device  is  jiut  into 
ojiei-ation.     {Ih..  sees,  l!  and  :!.  i 

Sec.  1!)08  8aiiie — penalty  for  failure  to  .Hprinkie Any  per- 
son, persons,  firm,  company  or  <-orporation  failing  to  comply  with  the  fore- 
going two  sections  shall  he  fined  not  less  than  ten  dollars  nor  more  than  five 
hundred  dollars  for  each  oflen.se,  and  each  day's  failure  to  sprinkle  as  is 
herein  recpiired  shall  constitute  :\n  addiiiomil  and  separate  otTense  under  this 
ordinance.     ( Ih..  sec.  4. ) 


CHAPTER   24. 

PUBLIC   IMPIIOVKMKNTS,   O  KP.ARTMENT  OF. 

ART.  T.  Of   Ijoard  of  pul>lic  irtiprovHiiients. 

II.  Of  pre.sident  of  boar^i  of  pul)lic  iniprovenieTits. 

III.  Of  street  coninii.ssioner. - 

IV.  Of  sewer  commissioner 
V.  Of  water  commissioner. 

VI.      Of  liarbor  anO   wliarf  coniMiissioner. 
VII.      Of  park  commissioner. 

VIII.      Of  regulations    concerning   the   advertising   of   pui)Iic    improvements 
and   tlie  awarding  of  contracts 
IX.      <  »f  salaries  and   bonds  of  members  of  the   board   of   public   improve- 
ments and  tlieir  employes. 

ARTICLE  I. 

OF   HOARD   OV   PUBLIC   IMPROVEMENTS' 

Sec.  li)04.  Regular  lueetinjjs.— The  board  of  public  improvements, 
as  constituted  l)y  the  charter,  shall  meet  at  least  once  in  each  week  at  its 
office,  on  such  day  and  hour  as  it  may  determine,  to  consider  and  take  under 
advisement  such  business  as  may  come  before  it.      iM.  <'..  sec.  t7!ti.) 

See  Charter.   .\rt.   IV.   sec.   33  and    notes. 

•See  Charter.  Art.   IV,  sees.    33-42.  and  Art.   VI.  and   annotations. 


.MtT.   I.)  <il'   i:i).\ltl>  OK   I'l'lU.K'   I.M  I'lti  >V  KM  lONTS.  i)(-,7 

See.     1!)05.       S|MMMill     IIUM't  lii<i:s     iiia.v     l»t'    i'illltMl     b\     |>r4>si«I(>Il(. 

—  The  president  luav  ;il  ;iii.\   liiiif  i;ill  special  iiieetiiij;.s  of  llie  hoard  liv  writ 
ten  notiee  delivered  to  or  left  at  the  office  of  each  coiiiiiiissioiier  not    less 
than  twenty-four  honrs  liefore  the  time  of  such  nieetiiij;;  such  notice  shall 
s|M'cily  the  hiisincss  lor  the  consideration  or  transaction  of  which  the  meet 
ili^'  isCallcd.      I  M.  ( '..  sec.   ITilli.) 

Sec.  1906.  W'lioii  sptM-iiil  iiH'efiiifrs  may  Ix'eiilhMl  by  s<'<'r«'(ary. 
.Vny  two  or  more  comriiis.sioncrs  may  rccpicsl  I  he  prcsidcni  lo  call  a  spc 
cial  meelin^c  of  the  hoard,  and  in  the  event  of  his  refusal  or  neglect  to  do  so, 
when  so  reijuestcd.  the  secretary  of  the  hoard.  u|>oii  a  r(!<|uesl  addressed  to 
liiin  and  signed  h,\  any  two  or  more  eoinmissioners,  shall  call  such  ineetinj;, 
provided  that  each  mi'inher  of  the  Itoard  shall  he  iiotitied  of  sucli  meet  in;; 
in  the  manner  speritied  in  liic  last  preceding:  section.    I.M.  ('..   17'.i:'..i 

Sec.  11107.  Sperial  lueotinjr  in  «'ast'  of  inability  of  prr.ni- 
«I«'nf.  — In  case  of  sickness,  ahseiice  from  th<'  city  or  other  inahiiity  lo  act 
lit"  the  president  of  the  hoard,  the  secretary  shall,  as  soon  as  the  fact  comes 
lo  his  know  ledi^e.  call  a  speiial  meeiiiii;  of  the  hoard.      (  .M.  ('.,  sec.  171)4.) 

Sec.  I'.iO!^.     SanH' — «'ltM'ti<»n  of  pre.si«leiit  pro    teni. — powers. — 

.\t  such  special   el  in;;  the  commissioners  shall  elect  one  of  their  niimher 

president  pro  tern.,  who.  when  so  elected,  shall  have  full  authority  to  ai-t 
for  and  shall  perform  all  the  duties  of  the  presi<lent  durin;,'  the  continu- 
anee  of  his  sickness,  ah.sence  or  inahiiity  lo  act.  e.\ce|)t  the  aiillienl  ical  ion  of 
sjM'cial  tax  hills.      iM.  ("..  sec.  1795.) 

See.  190ii.  WlH'n  subordinates  to  coniniissioners  niay  art  for 
prineipals. —  In  ease  uf  sickness. ahsence  from  the  city  or  other  inahiiity  to 
act  of  any  one  of  the  ( 'oiumissioners  composing;  the  Hoard  of  I'lihiic  Im 
provcmeiils,  the  following;  siihordinates  shall  have  aiiihorily  lo  act  for  and 
fully  re|iresent  Ihem  as  chiefs  of  their  res|iective  de|iait  ineiits.  having;  first 
l>e<-n  officially  notilied  to  that  elVect  hy  the  ]*resident  or  I'resident  \ivo  tein. 
of  the  ISoard,  hut  such  representative  shall  in  no  case  have  a  vote  in  tlie 
Hoard  or  re<'eive  any  additional  compensation  for  the  |>erformanee  of  any 
duly  or  service,  viz.:  I'or  the  Street  Commissioner,  tlie  Assistant  Street 
•  'ommissioner ;  for  tlie  Water  Commissioner,  the  Assistant  Water  Commis- 
sioner: for  the  Sewer  Commissioner.  tht»  Assistant  Sewer  ('(uiimissioner ;  for 
ilie  Ilarhor  and  Wharf  Commissioner,  the  Assistant  Harhor  and  Wharf 
Coinmissioiier ;  for  the  Park  Commissioner,  the  Cciieial  Su|MTiiiieni|ciii . 
ifinl.  L'L'IKli.',  amending;  .M.  C..  sec.  171)0. 1 

Sfo  Art.  IV.  sec.  33  of  Charter:  Construction  Co.  vs.  Loevy.  64  Mo.  App.  430. 
I3.T.  beforr  tin-  anii-M(lnu>nt  of  this  section.  (Sec  tills  case  In  Sup.  Ct..  1T9  Mo.  4.15. 
without  (ll.scusslon   on   this  point.) 

See.  1!»1()  IJ\-!m\\-«  an<l  rc^^^nlations  (<»  be  atloptetl,  re- 
<-«ir<Ie(I  anti  prinjed.  The  hoard  of  piihlic  imiirovemenis  shall  make 
such  l(\  la\\>  ami  le^rulations  of  its  order  of  Imsiness.  and,  its  own  ;,'overii- 
Mient.  not  iiiconsisieiii  with  the  city  charter  or  ordinances,  as  it  may  deem 
expedient,  which  shall  he  duly  eiilered  of  record  and  printed  in  |iamplilet 
foi-m.      I  M.  ( '..  sec.  1  7!)7.  i 

St-e.  l!)ll.  Sc<itl;iry — salai->  :iii(l  Ixnul. — The  presideiii  of  the 
Uiartl  of  pnhlic  inipi'o\emeiits  shall,  with  the  apju'oval  of  said  hoard,  ap 
point  a  .secretary  of  saiil  hoard,  who  shall  leceiM-  a  salary'of  twenty-Hve 
hiinclred  dollars  per  annum,  and  shall  tile  a  hond  in  the  sum  of  live  thonsund 
dollars.      I  M.  C.  sec.  17'.)S.) 


968  REVISKD  CODE  OR  GENERAL  ORDINANCES.  [CHAP.   24, 

Sec.  1912.  Duties  of  secretary.— Tlie  secretary  of  tlie  board  shall 
keep  iu  suitable  liooks  a  record  of  the  jtroceediugis  of  all  meetings  of  said 
board,  and  the  same  shall  be  kept  fully  indexed;  also  a  record  of  all  their 
acts  and  orders,  and  shall  cause  to  be  safely  and  jiroperly  kept  and  filed  all 
petitions,  documents  and  papers  belonftiug  to  the  board,  or  that  may  be  re- 
ferred to  it.  He  shall  also  prepare  an  abstract  of  the  i)roceedings  of  the 
board,  to  be  published  in  the  papers  doing  the  city  printing  and  shall  also 
have  them  printed  in  jiamphlet  form,  from  same  tyi)e  as  in  the  newspapers, 
similar  to  the  journal  of  the  jiroceedings  of  the  municipal  assembly.  (M.  C, 
sec.  1T!)"J.) 

The  keeping  of  a  record  of  its  proceedings  by  the  board  is  not  expressly  di- 
rected by  tlie  Cliarter.  but  it  is  necessarily  implied  by  the  importance  of  the 
functions  exercised;  such  record  is  admissible  to  show  the  actions  of  the  board, 
but  the  finding  of  fact  by  the  board  on  a  .iurisdictional  matter  is  not  conclu- 
sive:    Bambrick  Co.  vs.  Geist.  37  JIo.  App.  509  loc.  cit.   ".13. 

Sec.  1913.     General  duties  of  board  of  pnbln'iniprovenients. 

The  duties  of  said  Hoard  shall  be: 

First — To  furnisli,  (lirough  its  President,  to  the  ;N[ayor,  the  Municipal 
Asseiidily,  m-  either  bianrh  thereof,  such  data  and  information  as  may  be 
required,  or  which  il  may  from  time  to  time  deem  necessary  to  impart. 

Second — To  jirepare,  consider  and  recommend  to  the  Municipal  As- 
sembly all  ordinances  re(iuired  for  the  establishment  of  the  opening,  loca- 
tion and  graduation  of  streets,  avenues,  alleys,  highways  and  public  places, 
other  than  parks,  and  the  con.struction  of  crosswalks;  the  establishment  and 
opening  of  boulevards,  or  changing  of  existing  streets  into  boulevards,  fixing 
the  width  of  such  boulevards,  the  manner  of  laying  out  and  imjtroving  the 
same,  the  regulation  (if  traffic  thereon,  or  the  exilusion  of  heavy  driving 
thereon  or  any  kind  of  vehicle  therefrom;  the  exclusion  of  any  business  house 
or  the  carrying  on  of  any  business  vocation  on  any  property  fronting  on 
such  boulevard;  the  establishment  of  a  building  line  to  which  all  buildings, 
fences  or  other  structures  shall  conform;  also  the  grading,  improving,  con- 
structing, reconstructing,  maintaining,  cleaning  and  sprinkling  of  such 
boulevard,  and  the  ]>lantiiig  of  trees,  slirubbery  and  other  things  of  that  na- 
ture and  description  thereon,  and  for  the  improving,  constructing,  recon- 
struction, I'epairing,  cleaning,  s]ninkliiig  and  lighiing  of  streets,  avenues, 
highways,  alleys  and  public  jilaces;  for  the  construction,  repairing  and 
cleaning  of  public,  district  and  joint  district  sewers,  and  for  the  establish- 
ment of  sewer  districts  and  joint  sewer  districts  and  the  extension  of  the 
sewerage  system  of  the  city  into  the  extended  limits;  for  the  laying  of  water 
pilies ;  the  extension,  repairs  or  reconstruction  of  the  watt>r  works;  for  the 
improvement,  jirotection,  repairing  and  cleaning  of  the  levees,  wharf  and 
hai-bor;  for  the  improvement  and  maintenance  of  the  jiultlic  parks,  and  for 
the  erection,  extension  and  repairs  of  public  buildings. 

Third — To  recommend  to  the  Municipal  Assembly  ordinances  estab- 
lishing regulations  for  making  connections  with  sewers,  water,  gas,  heating, 
refrigerating  or  other  pipes;  and  the  stringing  or  installing  of  electric 
wires,  conductors  or  apparatus,  and  their  maintenance;  also,  the  excava- 
tions for  and  the  laying  of  all  water,  gas,  heating,  refrigerating  or  other 
l)ipes  and  conduits  for  electric  wires  or  conductors  and  for  the  erection  of 
poles  for  electric  wires  or  conductors  in  the  jmblic  streets  and  alleys;  and 
for  all  excavations  made  by  private  jiarties  in  i)ublic  highways. 

Fourth — To  advertise  and  let  all  jiuiilic  works  ordered  by  the  city,  and 
to  prescribe  all  needful  rules  and  forms  to  govern  such  lettings  and  to  make 


ART.  I  1  OF  noAitn  OK  iTiu.ic  i.Mi-i;i )Vi:.M i:nts.  ggg 

CKiifracls.  ;i;;n'('iiu'iits  iiiitl  s|i('(iiiial inns  for  ilii'  same,  in  siicli  niaiiix-r  as 
iiia.v  l>f  rc(|nircil  1a-  ni'diiiaiiic  ami  siilijcct  In  tlic  a|i|>i'ii\'al  of  tlio  Coiiiiuil. 

Fifth — To  prosorvi'  and  ki'cji  on  t'xliil)iiinii  in  i(s  ol'iicc  a  f;eni'ral  plan 
of  llif  city  as  established  liy  the  .\sseiiilil\ .  slmwini;  ilic  lucation  and  j;rad- 
nation  of  streets  and  aHj'ys  as  tar  as  the  same  lias  lieen  estalilished  Uy  ordi- 
name  and  to  enddi-se,  tliron^di  its  ]iresident,  on  all  jilals  of  new  streets, 
alleys,  hi},'li\\ays  or  jnildic  ;4roiinds  iirojiosed  to  lie  dedicated,  donated  or 
jjranled  lo  ihe  pnhlic  nse  which  may  lie  sulmiitled  to  the  Hoard  thai  the 
same  is  in  accordance  witli  tlie  general  jilan  aforesaid,  it  ilie  fact  he  ho. 
(Ord.  2(l."i4l»,  anieuding  M.  C,  sec.  ISUD.) 

AniondPd   to   conform    to   Ctmrtcr  amondmcnts.      S(-o    rii.Trtm-   IV.   sec.    33. 

Sec.  i;il4.  ( jiMiiiiiii  — liiial  iictioii — al».st'ii<*«'— iiotic*'.  .V  major- 
ity of  said  hoard  shall  form  a  (|iiornni  for  the  transaction  of  hnsiness,  hut 
IK)  linal  action  shall  he  taken  on  any  matter  coiicernin};  tlu'  special  de[iart- 
iiient  of  any  absent  coinniissioner.  nnle.ss  this  business  has  been  made  the 
Kj)ccial  order  of  the  day  and  prcvions  written  notice  haviii};  been  given  to 
such  coinniissioner.      I  Si.  C.  sec.  ISOl.i 

See  Charter,   Art.   IV.  sec.   33;  Construction  Co.   vs.   I.oevy,   Gl   Mo.    App.    130,   433. 

See.  1!)1,").  WluMi  vole  by  y<'as  and  nays  r«M|iiir(Ml. — I'pon  all 
<Hiestions  before  Ihe  board  of  reconimenilinir  ordinances  lo  the  ninnici]ial 
a.ssenibly,  or  of  advertising  and  letting  ]>nblie  work  or  of  snch  that  in  any 
manner  invcdves  the  expt>n<lilnre  of  money  by  (he  city  or  of  ihe  ajiproval  of 
pay  i-olls.  the  vote  shall  be  taken  by  yeas  and  nays,  which  shall  be  dniy  re- 
corded by  ihe  secretary  in  Ihe  proceedings.     (M.  ('..  sec.  ],*>!02.) 

Sec.  lOltl.       >l<'nil>«'rs  r<'s])(>nsilil('  foi*  a«'(s  of  employes.— Ka<li 

niembei-  of  Ihe  l]<iar(l  ot    piililir   iiii|pio\finriils  shall   be   lielil   res]ionsibl<'   U>v 

the  acts   of   ail    il niplo\es   of   his    particular   depariiiieiil.      i.M.   ('..   sec. 

l.M(3.) 

See  Chart..    .\rt.    IV.    soc.    31. 

So-.    I'.tlT.     I'lans    of    tletlieations — approval  — wliat   plans    to 

contain,  «'(<*.  --.Ml  ]dans  of  snbdi\  isions.  atldiiions.  of  ]iartitions.  ron- 
tainiiig  dcdi<alions  of  sireels,  aviMiues,  bonlevards  or  alleys,  shall  be  sub- 
mitted lo  ihe  Hoard  of  rnblic  Improvemeiils,  and  afler  having  been  ex- 
amined and  approved  by  said  I!oar<l.  said  subdivision,  addilion  or  ]iarlilioii 
sliall  he  a  pari  of  the  general  |dan  for  the  location  and  gradmition  of  tlut 
streets  witliin  the  city,  and  the  Hoard  of  Public  Improvemenls.  through  the 
I'resitleni  thereof,  shall  endorse  tiiereou  that  the  same  is  in  accordance  with 
the  general  ]ilan  of  the  city:  jirovidetl.  however,  that  in  all  cases  where  any 
lands  within  the  city  are  subdivided  or  laid  oul  in  blocks,  lots  or  sub  lots, 
tlie  map  or  |dal  thereof  shall  bear  the  certilicate  of  a  responsible  surveyor  to 
the  elVeci  that  Ihe  sli'eels  ilieri-on  represented  are  correcilx  shown  and  lo- 
cated, and  they  shall  Im'  designated  as  streets,  if  they  have  been  or  are  dedi- 
cated or  opened  according  to  law,  or  as  projiosed  streets  if  such  r>])ening  is 
incomplete.      lOrd.  L'0ri4!l.  amending  M.  C,  sec.  1804.1 

Sf»'  Churtt-r.  Art.  VI.  scr.  1.  and  notes  thereto.  But  approval  of  .«*iich  a  plat 
filed  In  pursuance  of  a  statutory  provision,  as  belner  In  conformity  with  the  gen- 
crol  plan  of  the  city.  Is  not  an  acceptance,  of  a  proposed  dedicated  street  there- 
on,  by   the  city  as  a  street:      Pownend   vs.   Kansas  Cltv.    l.it".   Mo.   SO.   67. 

Sec.  I!t1,'<.  I'r(ie)'(liii'<-  anil  proceedinjjs  foi-  proposeil  street  tn" 
alle\  iniprov  eineni  ■>  how  comliicted  renioiistranees — prepara- 
tion of  ordiiianee  i>_v  boaitl      repair  of  -.1  reelx. —  Ihe  Itoanl  of  riilili<- 


970  IlKVISi:!)   CODK  Olt   OKNKRAL  ORDIN'ANCH.S.  [CIIAI".    24. 

I  lllI)^<>V('lueIlt^^,  (if  its  own  motion,  may,  and  upon  tlie  ]iftition  of  any 
i-c]nitaljl(*  freeholder  of  jn-operty  on  any  street,  avenue,  lioulevard,  alley 
or  imblic  highway  shall,  desijinate  a  day  on  whieh  It  will  hold  a  public 
meeting  to  consider  the  iniproveuieut  of  any  designated  streets,  avenues, 
boulevards,  alleys  or  ])ublic  highways,  and  shall  give  two  weeks'  public  no- 
tice in  the  papers  doing  the  city  printiiig  of  the  time,  place  and  matter  to 
be  considered,  stating  in  such  notice  the  kind  of  material  and  manner  of 
ronstruction  proposed  to  be  used  Uiv  the  wearing  surface  of  such  improve- 
ment, naming  in  such  notice  more  than  one  kind  of  material  or  manner  of 
construction,  if  the  boai-d  deems  it  advisable  so  to  do.  and  also  th(>  class  of 
specifications  and  plan  for  such  work,  which  specification  and  plan  shall  be 
ajiproved  by  said  board  and  filed  in  its  office.  If  within  fifteen  days  after 
such  public  meeting  the  owners  of  a  major  part  of  tlie  area  of  the  land  tax- 
able for  such  imjirovement  shall  tile  in  the  office  of  the  board  their  written 
rt'iiionstrance  against  the  jirojioscd  improvement,  or  against  the  material  or 
manner  thereof,  the  board  shall  consider  such  i-emoustrance  and  if  the  board 
shall  l)y  a  twothii'ds  vote  at  a  regular  meeting  ajiprove  of  the  improvement, 
material  or  manner  remonstrated  against,  they  shall  cause  an  ordinance  for 
the  .same  to  be  prepared  and  report  [ed|  the  same  with  the  reasons  for  their 
action  and  with  the  remonstrance,  to  the  Municipal  As.sembly.  If  such  ma- 
jority fail  to  remonstrate  within  fifteen  days  after  such  public  meeting,  or 
shall  jietition  the  boai'd  for  the  improvement,  the  boai'd  may.  by  a  majority 
\'ote.  approve  the  same,  and  shall  theienjion  cause  an  ordinance  to  be  pre- 
pared and  rejiorted  to  the  assendily  therefor.  In  all  ca.ses  the  l)oard  may 
inclu(l(>  in  .such  ordinance  a  provision  that  the  work  and  material  must  be 
guaranteed  and  kept  in  repair  by  the  contractor  doing  the  work  for  a  term 
of  vciu-s  to  be  sjiecihed  in  such  oi'dinance.  (Ord.  '_'(l.")4'.l.  amending  M.  ('., 
sec'.  ISO.^).) 

A  contract  guarantee  to  maintain  a  street  in  repair  for  five  years  means  tliat 
the  work  is  sufficiently  good  to  last  that  length  of  time  when  the  street  is  used 
for  ordinary  street  purposes:  Asphalt  Co.  vs.  St.  Louis.  ISS  Mo.  576:  Barbar  Asp. 
Co.  vs.  Ulman,  137  Mo.  54:>:  Bank  vs.  Woesten.  14  1  Mo.  478;  Barber  Asp.  Co.  vs. 
Hez?l.  l.To  Mo.  391:  St.  I-.  Quarry  Co.  vs.  Frost.  90  Mo.  App.  B87.  Such  provision 
Is  authorized  by  Art.  VI,  sees.  14.  l.")  of  Charter.  See  notes  of  cases  to  that  sec- 
tion, on   ihis  subject;  also  as  to  remonstrances,  etc. 

Sec.  1919.  OrtliiiaiM-es  advined  by  hoaril,  to  contain  wliat 
— contracts  for  neces.sary  work  or  repair. — All  ordinances  reconi- 
m(>nded  by  said  board  shall  specify  the  character  of  the  work,  its  extent,  the 
material  to  be  used,  the  manner  and  general  regulations  under  which  it 
shall  be  executed,  and  the  fund  out  of  which  it  shall  be  jiaid.  and  shall  he 
indor.sed  with  the  estimate  of  the  cost  thereof  said  indorsement  to  be  signed 
by  the  president  of  the  board;  provided  that  no  improvement  or  repaii's 
shall  be  ordered  uj)on  any  future  street,  alley  or  highway,  which  shall  not 
have  been  opened,  dedicated  or  established  and  grades  fixed  according  to  the 
])rovlsions  of  the  charter  and  law;  [and  provided,  further,  that  nothing  in 
this  article  shall  be  so  construed  as  to  prevent  the  board  of  ]iublic  imjirove- 
mcrils,  through  the  president  thei-eof.  from  annually  letting  and  enlcring  into 
<on(racts  from  the  first  day  of  July,  of  every  year,  for  the  grading,  con- 
si  i-ucling.  reconstructing  and  re|iairing  of  sidewalks  and  crosswalks,  and 
repairing  street,  alley  and  gutter  jiaving.  !uid  such  other  similar  woi-k  whidi 
may  be  ordered  by  ordinance  or  may  become  necessary  to  be  done  during 
the' year.]      (M.  (""..  .sec.  18()(!. ) 

All  ordinances  for  publi<'  work  must  originate  with  the  B.  P.  I.:  Charter.  Art. 
V'l.  sees.  14.  l.T  and  17.  and  notes  thereto;  (see  also  Rev.  C.  sec.  1913).  The  pro- 
viso contained  in  tlie  above  section  of  the  Rev.  Code  (in  brackets)  referring  to 
letting  of  annual  contracts,  etc.,  is  no  longer  in  use.  being  without  Charter  au- 
thority since  the  amendments  of  ISIOI.  In  connection  with  this  section  si'C  spe- 
cially,  sec.    ir>   of    Art.    VI    of   the   Charter. 


Ain-     1. 1  Ml-   nOAnn  OF  ITIM.n-    IMIKi  u  i:.\ii:n  i  >  ((71 

Sr.-  IML'O  <  )i-(linaiH-<-  to  «-oii(:iiii  sprcifi*-  appropriiit  ion — 
4-stiiiiiit<' oT  <-os(  (o  Im'  iiiilorscd  -  «>\c«'ptioiis.  i;\ciy  nnliiiarn  r  re 
(|ut-iii>;  work  In  Ih>  iloiii!  sliall  cunniiii  :i  spt'cilM'  .'i|i|)i'<i|iri:ili<>ii  rrnin  tlic 
liropcr  rcvt'riiu'  fund  for  smli  [lari  llicrcur  ns  iiimv  In-  |i:i,\;ilili'  liy  llii'  cit.v, 
l»as<'il  upon  an  cstiinah'  ul'  cdsi  lo  Im'  rnilorsiil  li\  ilif  iiii'sidciit  of  llic  Itoanl 
of  |iiililii'  iiii|ircivciiicn(s  in  said  iir<liiiaii('i-  lor  ilic  wliuli'  ul'  the  msl  nl'  llic 
pi-i)p()scd  wdik.  I'rox  idi'<l,  Imwcvcr.  thai  when  llir  umk  (uiiirMiplalcd  l)_v 
MK'h  iirdiiiaiii'c  is  ol'  snt'li  iiia;,'iiitiidi-  tlial  III*'  Inlal  <'<isl  llii'i'ciir  wniild  cx- 
r(>cd  the  amount  of  nioncy  Ilit-n  in  tin-  city  Irt-asiii'y  and  a\ailaiilc  for  sufli 
piirjiosf.  the  ordinance  may  provide  for  tin-  whole  woi-k,  and  shall  prescrilM- 
ilial  it  shall  lie  contracted  lor  and  dtine  in  sections  or  parts,  as  tlie  Aliinicipal 
.\sseriil)ly  shall,  from  time  to  time,  apjiropriale  money  to  ]iay  for  the  same, 
itiil  in  all  such  cases  the  work  to  he  done  in  sections  or  jiarts  shall  lie  liiu- 
iled  to  the  amount  a|ipi-o|iriated  for  the  doinjr  of  such  sections  or  (larls.  and 
in  this  manner  Ihe  work  specitied  shall  nliiiiiaicl\  lie  conipleicd.  i<)i'il. 
■_'ll.")4!l.  amendinj;  .\|.  <'..  sec.    ISdT.i 

S»'i'  Chiirl*-r  \'l.  .<<*'c.  l.'i.  niiii  as  to  .miiitIHo  uppi'Dprliitlun,  si*»'  I'liarli-r.  .\rt.  VI. 
.•*fi\    2H    anil    lintf;    .\rt.    \".    s*'c.    10    vl   si*<|. 

Sic.  I'.t21.  ('on(liti<»ns  of  coiitriu-t  for  piihli*-  work. —  I'.vcry 
(•oiitract  for  jiulilic  wmk  shall  contain  a  clau.sc  to  ilic  cl!Vcl  that  it  is  siili 
jeot  to  the  [u-ovisions  of  the  cliarter.  that  tlie  aj;};re<;iite  payments  shall  lie 
limited  by  the  amount  of  the  special  apj)ropriatioii,  and  that  on  ten  days' 
notice  tlie  work  under  said  contract  may.  without  cost  to  or  claim  against 
the  ("ity  of  St.  Louis,  lie  sus|ieiided  by  the  board  of  public  iniiirovements, 
with  Ihe  approval  of  the  mayor,  for  want  of  means  or  other  substantial 
cause.     (M.  C.  sec.  ISOS.) 

.V.M  to  rcrtaln  I'onclltlonM  to  In-  iii.mM-lnl  jn  :ill  t*oiiii-:u-ts  in  which  llic  rltv  Is  a 
party,   see    R.   C.   sec.    270. 

Ordinance  1S960.  approved  April  7.  1H97.  proviilcil  that  all  oriMiiaiiccs  and 
contracts  for  public  work  Involving  tlic  use  of  dr>'sseil  rock,  jrrnnlte  or  stone 
.should  stipulate  that  the  work  of  dressluK  should  be  dune  In  Missouri:  this  pro- 
vision was  held  void  In  St.  Louis  ynarr.v  Co.  vs.  Von  Verscn.  Nl  Mo.  App.  .">19. 
an»l  was  omitted  from  the  Mun.  Code  1901.  and  was  perhaps  thereby  rejcarded  as 
repealed;  and  Is  disregarded  by  the  municipal  authorities;  but  Its  validity  when 
embodied  In  the  contract  seems  to  be  recognized  In  the  later  case  In  the  Su- 
preme t'oiirt  of  .\lli-n  vs.  Ijibsap.  ISS  Mo.  692.  B9S.  .\nd  so  In  St.  I,ouls  yuaro' 
Co.  vs.  Frost.  90  Mo.  App.  677,  689.  It  Is  held  that  a  tax  bill  Is  not  avoided  by 
Insertion  of  the  requirements  of  that  ordinance  unless  It  Is  shown  to  have  re- 
sulted In  restrlctinK  the  biddlnK  .so  as  to  incr-'ase  tlw  jirli-^-.  .»>ee  note  to  Char- 
ter.  Art.  VI,  sees.   27  and   2S. 

Si'i-.  1922  ((iiiiplaiiil^  :i*;aiiist  (h'frct  i  \  c  cliaiiKlfr  of  \\oiU 
iM'iny  (Ioii«>— (liit.\  of  lioaril  in  sucli  <-iis«'.  .\iiy  citizen  ;iiid  la.v 
p;iM'i'  of  the  I'ilN  of  .'<l.  Louis  may  make  cmnplaliil  lu  the  board  of  |iiililic 
improvements  that  any  public  work  is  lieiii;j  done  contrary  to  contract,  or 
that  the  work  or  material  used  is  imperfect  or  dilfeieiit  from  wlial  was  slip 
iilated  to  b<>  fiiriiish(>d  or  done;  and  saitl  lioard  shall  entertain  and  examine 
inlr>  such  romplaini,  and  may  appoint  two  or  more  members  of  said  boaril 
III  examine  ami  report  on  said  work,  am!  after  such  examination  or  after 
considi-rini^  report  of  the  commissioners  so  appointed,  the  board  shall  make 
>ncli  order  in  ihe  pn-mises  as  shall  be  Just  ami  reasonable  and  in  accord- 
;inci'  with  «  hat  the  |iublic  interest  stH'ins  to  ileiii;inil.  and  such  dec-ision  of  the 
iMiard  shall  Ih-  bindin;:  on  all  parties.  lOrd.  "_'ti.">J'.i.  amendiiio  M.  <".,  see. 
1 S09. ) 

S«'c».  1922-1932  accordlnic  to  Charter.  Art  VI.  sec.  !S  (lost  clause).  See  same 
and  reference  In  note  thereto. 


972  REVISED  CODE  Oil  GENERAL  ORDINAXCES.  [CHAP.   24. 

Spc.  T92:1  Same — cost  of  examination. — Tlip  eiitin'  i-ost  of  mak- 
ing the  cxaiuination.  infludiiig  the  taking  of  testimony,  wlien  necessary,  ex- 
amining the  work,  testing  llie  material  and  of  replacing  work  disturbed  in 
the  examination  shall  be  borne  by  the  contractor  if  the  comiilaint  is  decided 
to  be  well  founded,  or  by  the  complainant  if  found  to  be  groundless.  (M.  C, 
sec.  1810.) 

Sec.  1924.     Same— contents  of  complaint Sudi  c(miplaint  .shall 

be  made  in  writing  to  the  pi'csident  of  llie  lioard,  shall  give  the  full  name, 
residence  and  business  address  of  the  complainant,  and  shall  si)ecify  the 
work  complained  of  and  general  nature  of  the  complaint  and  of  the  evi- 
dence to  be  offered.     (M.  C,  sec.  1811.) 

Sec.  1925.  Same — estimate  of  cost  of  consideration — deposit 
required,— Upon  the  receipt  of  any  comjdaint  tlie  board  of  ])ublic  improve- 
ments shall  make  an  estimate  of  the  cost  which  \\ould  arisi-  from  considera- 
tion of  the  complaint,  including  that  of  replacing  work  injured  by  the  ex- 
amination and  the  taking  of  testimony  when  necessary,  and  the  complain- 
ant shall  be  required  to  deposit  with  the  city  treasurer  the  sum  so  estimated, 
which  sum  shall  be  a  special  fund,  out  of  which  shall  be  jiaid,  upon  the  cer- 
tificate of  the  president  of  the  board,  the  cost  incurred  by  consideration  of 
the  complaint  and  of  replacing  the  work  if  the  complaint  shall  be  found 
groundless.  Any  residue  of  the  special  fund  shall  be  returned  to  the  com- 
j)lainant,  or  the  whole  sum  if  the  coniiilaint  is  well  founded.  If  the  com- 
l)lainant  fails  to  make  the  irrpiired  dejiosit  within  five  days  after  notice  of 
the  amount  required  the  com]iIainr  may  be  dismissed  by  the  board.  (M.  C, 
sec.  1812.) 

8ec.  1920.  Time  for  consideration  of  complaint  to  be  fixed 
— testimony — Avlien  «'ommissiouers  to  examiin'  w«>rk. — When 
the  deposit  shall  have  been  made  the  board  at  its  next  meeting  shall  con- 
sider, whether  the  complaint  may  be  determined  ujion  oral  or  documentary 
testimony  only,  in  which  case  the  board  shall  tix  the  day  and  hour  for  re- 
ceiving such  testimony  and  consideiation  of  the  conijilaint ;  but  if  the  nature 
of  the  com])laint  is  such  as  to  reijuire  examinatiou  of  work  done  or  material 
furnislied,  the  board  shall  ai)iioint  two  or  more  of  its  members  as  commis- 
sioners to  make  examinations  and  tests  and  report  the  facts  found  to  the 
board,  ^^■llen  such  commissioners  make  a  re])ort  the  board  shall  fix  a  day 
and  hour  for  the  consideration  of  the  complaint,     i  if.  (_".,  sec.  1813.) 

Sec.    1927.     Service   of    notice   of   liearinf>". — Notice   of  the   day 

and  hour  fixed  for  consideration  of  a  complaint  shall  be  served  by  mailing 
a  notice  and  copy  of  complaint  to  the  address  given  by  the  complainant  and 
to  the  business  or  residence  address  of  the  contractor  whose  work  is  com- 
plained of.  or  by  delivery  in  person.     (^I.  C,  sec.  1814.) 

Sec.  1928.  Contents  of  notice  of  liearinff. — Said  notice  shall 
state  the  day,  hour  and  place  of  hearing  the  complaint,  and  be  signed  by  the 
secretary  of  the  board,  and  the  copy  of  complaint  shall  be  attested  by  the 
secretary.     (M.  C,  sec.  1815.) 

Sec.    1929,      Process    for    witnesses — deposit    required. — The 

president  of  the  Ijoard  shall  have  full  })ower  and  authority  to  issue  all  needful 
process  for  the  attendance  of  witnesses  and  the  production  of  jyapers,  and 
subpoenas  may  be  issued  and  served  in  like  manner  as  provided  in  section 
1709,  provided  that  the  party  applying  therefor  shall  deposit  with  the  city 


AitT.  II. 1       OK  i'i:i:sii>i:nt  of  board  ok  i-iiimc  improvements.-  973 

trt«.sui't'i'  all  aiiiuiiiii  ciiiial  tn  Iwo  dullars  fur  i-atli  witnosa  as  a  special  ruiid 
to  pay  cost  (it  service  and  atteiiilauce  or  witness.     (M.  (;.,  si'C.  ISIO.) 

Sec.  i;i;{0.     Tlic   lu'ariii;;— t«>s(iiiioii\  t<»  be  fjivt'ii  iiiulcr  oatli. 

- — The  lioai'd  shall  prucced  wiih  ilii-  licaiiiij;  of  (he  coiiiplaiiii  on  Ilie  day 
fixed  as  aliove  provided.  Tlie  coiiiplainaiil  and  contractor  sliali  lie  entitled 
to  he  iieard  l>y  hiiiiseir  or  hy  coiinsi'l.  .\ll  testimony  of  witnesses  siiall 
Im>  ^iveli  under  oath,  and  the  presideiil  or  |iresident  pro  teiii.  of  the  i)oard  iij 
licrehy  anthori/ed  to  administer  smh  oaiii.     1  .M.  C,  sec.  IsiT.i 

Sec.  1!)31.  Tlu'  <lt'«'isi(»ii  and  \«>tt>  <ni. — Aftei-  full  henrin;;  Mm 
board  shall  render  its  decision  as  soon  lliereal'ter  as  practicalile,  wiiich  de- 
cision shall  be  concurred  in  by  a  majority  of  the  iiiemlicrs  thereof  iiresent 
at  ilie  hearin-i.  Said  decision,  with  the  names  ot"  the  niembers  votinji  for  or 
a;:aiiist,  shall  lie  set  ont  in  the  i'«>cords  of  the  board.     ( .M.  ( !.,  sei'.  ISlS.i 

Sec.  I'JiJli.  .>ia.\or  to  lit-  ;;ivfii  «'t>l».\  ol  rt'ri»r<l  <»l  <lt'<'isi«m. 
—  Immediately  upon  the  rendition  of  such  tinal  decision  tlie  jnesident  shall 
furnish  the  mayor  with  a  co]iy  of  the  records  of  the  board  relating  to  the 
complaint  and  of  thi'  linal  decision.     1  M.  C.  sec.  1S1!(.) 

Sci-.  i;i:;:;.  \  aiilts  ami  si<;ii-iM>sl>.  -  pn-inissloii  t<»  «'r«M*t  iiia.v 
Im'  ffivon. — The  board  of  [lublic  imiirovemenls  may,  when  re(|uested,  };rant 
permits  for  the  construction  of  vaults  under  sidewalks,  and  for  the  erection 
of  si^n-posts,  and  lanterns,  subject  to  such  rciiiilat  ions  and  conditions  for 
the  same,  as  may  be  established  by  oiiliiiaiice.     (M.  C.  sec.  JSHO.) 

Sec.  ly.U.     \\  eifiliint::  scalfs— eoiulilioiis  of   <-(»iist  riict  ion — It 

shall  not  be  lawful  lor  any  person  or  persons  lo  consirucl  scales  for  the 
weijiliin},'  of  liay,  coal  or  other  articles  upon  any  jiublic  street  or  hi};hwa.v, 
unless  permission  be  }:ranted  by  an  ordinance  passed  by  the  Municipal  As- 
semblv,  and  to  Im-  erected  under  the  conli-ol  and  to  the  satisfaction  of  the 
board  of  publie  ini|>rovements.      1  M.  ('.,  sec.  ISL'l.l 

ARTICLE  II. 

ok  PRKSiniCNT  OF  PO.XRII  OF  Pl'r.l.l''    l.MfllOVEMENTS.* 

S<-c.  in35.  (iriMTal  tliiti«'s.  The  pre.-Hleiii  of  ihe  board  ol  jiiiblic 
iinproveinenis  shall  jireside  at  all  iiie<'tin;,'s  ol  ilie  board,  and  shall  see  that 
a  correct  record  is  kept  of  its  proceed in;,'s.  lie  .■.hail  have  chart,'e  of  the 
eivction,  alteration  and  repairs  of  i>ublic  buildin;;s.  of  all  public  work  for 
the  abatement  of  nuisances,  which  may  be  ordered  by  the  board  of  healtli, 
and  of  all  other  iiiiinovemcnts  not  especially  assi{;ned  to  other  members  of 
the  board  <if  public  improveinetils,  e.\iept  as  otherwise  pri>\  ided  by  ordi- 
n.inre.      (  .M.  C.  sec.  ISl'l*.  I 

Se<'.  l!t;{ti.  SiiiHTN  i^ion  o\«t  olli»-i-  «l<|iaiini«-nt.H. —  He  shall  have 
a  pMieral  supervision  over  the  deparlmeiils  of  the  otiu-r  members  of  the 
board,  and  shall  inform  the  mayor  and  Municipal  Assembly  of  any  derelic- 
tion of  duly  of  any  eomniissioiiei-.     i  M.  <'..  sei',  ls-_':!.i 

Sec.  r.t:>:.  Miali  Miaki-  cmt  .spt-cial  lax  Itiiis.  vtv — lb-  shall 
make  out   all   8(M'cial   tax  bills  against  pro|K'rty  owners  charfjeablc  with 


r.  IV,  sec.  41,  and  annotalluna. 


974  ]!i-:visKi>  I'Diiic  oit  c,k.xI':h.\l  lUiiUNANCics.  [Chap.  24. 

sitecial  taxes  for  work  |k'1-1'oiiik'(1  or  materials  furnished  under  ordinances 
of  the  city,  whicli  sjiecial  tax  l)ills  sliall  lie  registered  by  him  in  his  office 
in  full,  and  certified  and  delivered  to  the  coiiiptroller  and  said  ((iniiil roller's 
receipt  laken  therelor.     1  .M.  ( '..  sec.  181i4.) 

.'^i-r  as  tci  .spi'cial  t.ix  Mils.  Cliartci-,  Art.  VI.  sees.  24-2C  and  Art.  IV.  sec.  41. 
and   annotations   thi-rtto. 

Sim-.  li)5S.  Shall  pa-is  «m  |)ay-rolls. — All  jciy-rolls  and  all  ar- 
couiils  liir  work  dune  nr  materials  furnished  under  the  direction  of  any 
memlicr  (il  I  lit'  lioard  ol  ]iuldic  inijirovements  shall  he  submitted  to  the 
|iresid('iil  of  the  bo.ird.  who  shall  examine  them,  and  if  found  i-orrccr.  shall 
ccrlily  tlicm  to  the  auditor,      i  .M,  ( "..  sec.  It^L'.").) 

Sec.  VXi'.K  May  appoint  as^sislant,  assessor  and  «lt'i)uty  of 
spiU'ial  taxes. — The  ju-esident  of  the  hoard  of  public  improvements  may 
ap|ioiiit.  with  the  ajijiroval  of  the  ma^or.  an  assistant,  an  assess(rr  and  a 
<lepuly  assessor  of  s]iecial  taxes.     i.M.  ('.,  .sec.  l.^L'fi.i 

Sec.  1940.  JJuties  of  assistant. — The  assi.stant  shall,  uuder  the 
direction  of  the  iiresident,  have  su]iervision  over  all  the  office  bnsini^ss  of 
tlie  ]iresidenfs  department.  He  shall  examine  and  certify  to  the  jiresidenr 
for  his  apiu'oval  all  vouchers  and  ]»ay-rolls  of  the  mendiers  of  the  board  of 
public  imjirovements  and  shall  kec])  a  record  thereof.  He  shall  examine  and 
report  to  the  president  f(u-  liis  a]i])roval  all  contracts,  let  by  the  board  of 
puldic  imiirovements,  and  shall  keeji  a  detailed  account  of  jill  cxjienditurcs 
theromder.      (  M.  C,  sec.  l.'-!"_'T.I 

Sec.  1941.  Salaries  and  bonds. — The  assistant  shall  receive  a 
salary  of  twenty  tixc  hundi-ed  dollars  jier  annum,  and  shall  file  a  bond  of 
five  thousand  dollars;  the  assessor  of  special  taxes  shall  receive  a  salary  of 
twenty-five  hundred  dollars  per  ann»im,  and  shall  file  a  bond  of  five  thousand 
dollars;  the  de]iuty  assessor  of  s|)ecial  taxes  shall  receive  a  salary  of  eighteen 
hundi-ed  d(>llars  ]ier  annum,  and  shall  file  a  bond  of  three  thousand  dollars 
I.M.  <'..  sec.  1828.) 

Sec.  194:2.     Ailditional  employes — salaries The  president  of  the 

board  of  jiublic  improvements  is  hereby  authoii/.ed  to  apjioint,  with  the  aji- 
proval  of  the  mayor,  one  civil  enpneer,  at  a  salary  of  one  hundred  and  sev 
enty-five  dollars  per  month  ;  one  issue  clerk,  to  be  in  charge  of  the  issue  of 
permits  and  such  other  duties  as  the  president  may  assign  at  a  salary  of  one 
iiundied  and  fifty  dollars  per  month  ;  one  surveyor  at  a  salary  of  one  hun- 
dred dollars  jier  month;  one  stenographer,  at  a  salary  of  seventy-five  dollars 
per  month;  one  clerk,  who  sliall  also  act  as  messenger,  at  a  salary  of  sixty 
dollars  per  month.  Tie  may,  with  the  aii]iroval  of  the  mayor,  further  ap 
point  such  other  clerks  and  draughtsmen,  or  other  hel]).  as  may  become  nec- 
essary. The  remuneration  for  their  .services  shall  be  established  by  ordiuan<-e. 
Tn  ad<lition  to  the  force  already  authorized  by  ordinance  to  carry  out  the 
scheme  of  sprinkling  the  city  he  may  ajiiioiut,  with  the  approval  of  the 
mayor,  one  clerk  at  twelve  hundred  dollars  jier  annum;  and  two  clerks  at 
nine  hundred  dollars  each  )ier  aiinnm,  to  perform  such  other  duties  in  the 
above  matter  as  he  shall  designate.      I.M.  ('.,  sec.   1829.1 

Ord.  21127.  iii)i)rov<d  .\i)ril  S.  IDOS.  authorized  tlie  employment  of  draughts- 
men in  the  special  tax  department  for  a  period  of  two  years  after  its  approval, 
whleli  expired;  see  next  section  for  new  provision. 

As  to  salaries  and  employes,  in  addition  to  those  authorized  in  this  article, 
see  those  provided  for  in  Art.  TX  of  this  chapter,  in  sec.  1901)  (salary  of  the 
President),    and    in    sees.    2003.    2004    (further   employes   and    their   salaries). 


AKT.    Ill   I  <  IK  STRKKT  COMMISSION  Kl:.  (,;_r, 

S.c.  194"..  I>i-iiii};li(siiirn  for  special  tax  <l<-|>iirtiiM>ii(—(4'niir4-. 
■ — Till'  [iri'sidciil  oT  the  lii>;irtl  ol  imlilii-  iiii|)rii\cinciit.s,  wilh  ilic  ;i|(|p|-(iv:il  of 
the  mayor,  is  lii'icby  aiitliofi/.<>«l  and  oinpowiMctl  (o  oin|iloy  Unci"  diaii'.'lils- 
men  for  (iiitv  iimlcr  llic  assessed-  of  special  taxes,  who  sliall  liold  ollire  diiriii}; 
tlie  ideasme  of  the  [H'esideiil  of  llie  iiDard  id'  )iiililic  iiii|ii'()\emeiils.  and  who 
shall  Ix!  paid  at  Ihe  rate  ol  (uic  liniidred  ilnllais  pel'  iridtilh.      i  Ord.  20rir)4. ) 

Sic.    1044.      rriviU'<;«'s,    a.s    to    <I«m'(Is,    vtv For    tlii>    jmrposi'    of 

iiotiii;;  Ihe  eliainres  ol  nwiiership  of  i-eal  esiaie  In  ihe  city,  upon  Ihe  jdais  in 
the  (d'liiv  of  the  piesideiit  ot  the  hoard  of  puhlic  ini]iroveinents.  the  same 
|)rivi!c;;es  in  ief;aid  in  all  deeds  and  instruments  in  wiitiiif;.  tiled  in  Ihe 
oftice  of  the  recorder  of  deeds  of  the  city,  as  are  granted  to  the  presid«'ni  of 
the  l)oard  of  assessors  hy  section  twenty-one  of  article  live  of  the  charter. 
are  hereliy  firanied  in  Ilu'  president  <d'  the  lioard  <d'  puhlic  improveinenls. 
(M.  <'..  sec.  \s:',{\,> 

.\i;Tli-I.i:  III. 

/ 

Ol"   .-^TKICKT  CO.M.MISSIO.NKli 

Sic.  im.").  (litMicral  (liitios  (Miiiiiioratcd. — 'Hn-  street  cuniniissionei- 
shali  l>e  tlie  head  of  ihe  siieci  ile|paiiini'ni.  and  shall  have  undei-  his  charge 
the  surveying,  i-oiislriiclion.  reconstriidion.  repairing,  cleaning  and  sprink 
ling  of  the  puldic  streets,  alleys  and  places,  e.\ce|iiing  parks,  and  also  tiie 
supervision  and  control  of  all  excavations,  and  refilling  of  same,  made  for 
the  laying  of  g;is  and  water  i)ipes.  sewers  or  any  other  iiur]iose  whatever. 
and  until  the  office  of  gas  commissioner  is  estaldished.  also  the  lighting  ami 
cleaning  of  the  jMihlic  laiii|is.     His  duties  sli.ili  lie: 

First  :  To  lanse  to  he  made  all  siirxcys  and  levelmeiits  and  to  prepare 
all  plans  and  inoliles  necessary  to  the  estahlishmeiit  of  Ihe  location  and 
graduation  of  sireels,  alleys  and  piiblir  highways. 

Second.  Whenever  the  .Municiital  .\ssemhly  shall  ]>rovide  hy  ordinance 
for  estahlishing.  o|  eiiing.  widening  or  altering  .-my  street,  avenue,  alley, 
wharf,  market  place  ur  pnldii-  sipiaie.  or  route  for  a  sewer  or  water  pipe,  or 
to  condemn  private  pr(>|ieiiy  for  other  or  dilfereiil  imhlic  uses  than  those 
aieady  sjiecilied  in  this  section,  and  it  is  necessary  to  lake  ])rivate  i)roj)erl.\' 
for  the  same,  the  street  commissioner  shall  furnish  Ihe  city  counselor  with 
all  necessary  plats,  showing  Ihe  projierty  alfecled  hy  the  proposed  im|irove 
ments,  and  the  metes  and  bounds  and  the  names  of  the  owners  thereof. 

Third.  To  cause  to  be  prepared  ]>lans.  estimates  and  s|)ecilicalions  for 
the  construction,  reconstruction  and  reii.-iirs  of  streets,  alleys,  and  public 
highways,  and  of  all  bridges,  cnlverls  and  appurtenances  thereto;  and  to 
sii|M-rintend  the  execut  ion  of  all  contracts  and  other  work  in  his  department, 
as  ma_\   \»-  pro\ided  for  by  ordinance. 

Fourth.  To  preserve  in  his  oftice  all  majis.  plans  and  surveys  belonging 
to  his  department,  with  all  I'ecords.  books,  jiapers  and  other  things  relating 
theretii. 

Fifth.     To  keep  full,  accurate  and  .s\steiiiatic  accounts  of  all  ex[iendi 
fiires  made  under  his  supervision,  properly  ■"ledgefi/.ed"  under  appropriate 
heads;  also,  :i  systematic  record  of  all  transactions  lelatiM'  to  his  depari 
HM'nt,  with  full  and  complete  inilex  to  all  rectwds. 

Sixth.     To  cause  to  be  carried  into  effect  all  ordinances  of  the  city  con 
rerning  street  railroads,  stre«^ts,  alleys,  public  highways  an<l  public  places 
other  than  parks,  properly  f.'illing  within  the  scope  of  his  department. 


970  IMOVISED  CODE  OR  GENEllAL  ORDINANCES.  [CHAP.   24. 

Seventh.  To  clear,  and  keep  in  good  condition,  in  such  manner  as  ma.v 
he  |iroscril)ed  hy  ordinance,  the  carriage  wav  of  all  paved  and  macadamized 
sircets.  including  gutters ;  also,  all  i)aved  and  niacadaniized  alle.vs  and 
crosswalks,  the  sidewalks  around  the  jiuhlic  ]iarks  and  such  othei'  si<le\valks, 
the  cleaning  and  keeping  in  good  c(uuliti(Ui  of  which  may  be  found  impossi- 
ble or  impracticable  to  enforce  u]ion  the  oc(  ujiaiits  of  the  adjoining  property. 

Eighth.  To  uumhei-  all  blocks  within  the  city  and  to  supe4'vise  and 
enforce  the  numbering  of  all  houses  fronting  on  the  public  street,  in  accord- 
ance with  such  system  for  the  same  as  may  be  established  by  ordinance. 

Ninth.  To  do  all  other  lawful  acts  relating  to  matters  jilaced  i)articu- 
larly  under  his  charge  \\iiich  may  be  necessary  for  the  efficient  working  of 
his  de]>artment. 

Tenth.  To  give  the  grade  and  lines  of  streets,  alleys  and  i>ublic  high- 
ways and  public  places,  other  than  parks,  to  all  persons  apjilying  therefor, 
and  being  directly  interested  therein,  free  of  cost;  provided,  that  no  such 
grade  or  lines  shall  be  given  when  the  .same  has  not  been  legally  dedicated, 
opened  and  established  by  ordinance.     (M.  (,'..  sec.  1831.) 

Charter,  Art.  IV..  sec.  3.5.  For  duties  relating  to  liigliway.s  see  Chapter 
12  of  Rev.  Code.  The  disposal  of  garbage  was  formerly  under  the  supervision  of 
the  Health  Department,  but  soon  after  the  decision  in  State  vs.  Butler,  178  Mo. 
272.  was  by  ordinance  conferred  upon  the  street  department:  see  R.  C,  sees.  1199 
,-t    seg.      (Chap.   12.   Art.   X,   R.  O 

As  to  duty  concerning  the  work  of  sweeping  and  cleaning  streets  see  R.  C. 
sec.    940. 

See  as  to  authority  of  street  commissioner:  Steffen  vs.  St.  Louis,  135  Mo.  44, 
49  et  seq. 

See.  1946.     Employes  of  department — appointment,  .salaries, 

bonds  and  g:eneral  dnties, — The  street  conunissioner  may,  with  the  ap- 
proval of  the  mayor,  ajipoint  the  following  subordinates  in  the  street  de- 
partment, who  shall  hold  their  respective  offices  during  the  pleasure  of  the 
sli'eet  commissioner  and  who  shall  jierform  the  duties  hereinafter  specified, 
and  such  other  duties  as  pertain  to  their  respective  positions,  and  such  as 
may  be  re(iuired  of  them  by  the  street  commissioner,  and  they  shall  each 
receive  the  following  salaries  and  give  the  following  bonds,  to  wit:  One 
secretary,  who  shall  receive  a  salary  of  one  hundred  and  fifty  dollars  j)er 
month  and  shall  give  a  good  and  sufficient  bond,  to  be  approved  by  the 
mayor  and  council,  in  the  sum  of  five  thousand  dollars;  one  jn-iucipal  book- 
kee])er,  who  shall  receive  a  salary  of  one  hundred  and  fifty  dollars  per 
month,  and  shall  give  a  good  and  sufficient  bond,  to  be  ajiin'oved  by  the 
mayor  and  council  in  the  sum  of  twenty-five  hundred  dollars:  one  jtrincipal 
clei-k,  who  shall  receive  a  salary  of  one  hundred  and  twenty  five  dollars  per 
month;  two  stenographers,  who  shall  each  receive  a  salary  of  ,seventyfive 
dollars  per  month;  one  principal  draughtsman,  who  shall  receive  a  salary 
of  one  hundred  and  fifty  dollars  jier  month ;  two  draughtsmen  of  the  first 
class,  who  shall  each  receive  a  salary  of  one  hundred  dollars  ])er  mouth ; 
two  draughtsmen,  who  shall  each  receive  a  salary  of  seventy-five  dollars  per 
month;  one  messenger,  who  shall  receive  a  salary  of  twenty-five  dollars  per 
month  :  one  engineer  of  surveys,  who  shall  receive  a  salary  of  one  hundi'ed 
and  fifty  dollars  per  month,  and  shall  give  a  good  and  sufficient  bond,  to  be 
api)roved  by  the  mayor  and  council,  in  the  s\im  of  five  thousand  dollars; 
two  surveyors,  who  shall  each  receive  a  salary  of  one  hundred  dollars  per 
month ;  one  first-class  draughtsman  on  grades  and  surveys,  who  shall  re- 
cei\e  a  salary  of  one  hundred  dollars  per  month;  one  first  deputy  street 
conunissioner,  who  shall  be  a  competent  bi'idge  engineer,  and  under  the  di- 
rection and  conti'ol  of  the  street  conunissioner,  shall  have  charge,  control 


A1:T    111.1  OI-  STIIKICT  COMMISSION KH.  i)77 

aud  sujierviNidii  of  the  erection,  constnictiou  and  inaiiiii'iiance  of  all  street 
Itridjies  and  culverts  in  the  (.'ity  of  St.  Louis,  and  who  shall  have  liecn  a 
resident  of  the  City  of  St.  I.ouis  foi-  al  least  two  years  pi-Jor  to  his  appoint- 
nient,  and  shall  possess  all  the  (|naliticai  ions  prescribed  hy  the  charter  of  the 
city  for  appointed  otticers.  ami  who  shall  receive  a  salary  of  two  hnndird 
aud  ei^ht  dollars  ami  thirty  three  cents  per  month,  aud  shall  },'i\e  a  f;ood 
aud  sufticient  homl.  to  he  apjiroved  hy  the  mayor  and  <ouncii,  in  tlii>  sum 
4if  ten  thousand  dollars:  one  district  enjriueer  of  brid};e  department,  who 
shall  receive  a  salary  of  one  hniidred  and  twenty-live  dollars  per  month,  ami 
shall  {live  a  j;ood  and  snfticieut  bond,  to  be  approved  by  th(>  mayor  aud  coun- 
cil, in  the  sum  of  twcntytive  hnmlred  dollars;  one  tirst-class  (lran;;hlsman. 
of  the  bridge  department,  who  shall  receive  a  salary  of  one  Iniiidi'cd  dollars 
per  month;  six  rodmeu,  who  shall  each  receive  a  .salary  of  sixty  dollars  pei' 
mouth;  three  tield  hands,  who  shall  each  receive  a  salary  of  lifty  dollars 
|M?r  mouth;  one  ;;enei-al  superintendent  of  street  eoustructiou.  who  shall  be 
.•I  competent  civil  en};iueer.  aud  shall  i-eceive  a  salary  of  two  hundred  dollars 
l»'r  month,  and  shall  trive  a  {;ood  and  sufticient  boml,  to  be  ajipi'oved  by  the 
mayor  and  conmil.  in  the  sum  of  live  thousand  dollars;  one  superinleiideiit 
of  maps  and  imlexes.  who  shall  receive  a  salary  of  one  hundred  and  twenty- 
live  liollars  per  month;  one  assistant  commissioner,  who  shall  receive  a  s;il- 
ary  of  two  hundred  aud  ei;;lit  dollars  and  thirty  three  cents  per  month,  and 
.shall  {live  a  };ood  and  sufticient  bond,  to  be  ajiproved  by  the  mayor  and  coun- 
cil, iu  tin'  sum  of  live  thousand  dollars,  and  in  case  of  the  absence,  sickness 
or  inability  to  act  of  the  street  commissioner  lie  shall  have  all  the  powers 
aud  dischari;e  all  of  the  duties  of  the  street  commissioner,  and  he  shall  .'it  his 
own  cost  and  expense  furnish  his  own  horse  ami  l)ni,'i,'y.  but  the  maintenance 
thereof,  not  to  exceed  the  sum  of  twenty  <lollars  per  mouth,  shall  be  jiaid 
by  the  cily;  om-  oftice  su]ierinlendent.  who  shall  receive  a  salary  of  two 
hundred  aud  ei;rhl  dollars  and  thirt\  three  cents  ])er  month,  aud  shall  j;ive 
a  Hood  aud  suflicieul  bond,  to  be  ajiproved  by  the  mayor  and  the  council, 
in  the  sum  of  five  thousand  <lollars;  one  district  engineer,  who  shall  receive 
a  salary  of  one  hnmlred  aud  twenty-live  dollars  per  month,  and  shall  fjive 
a  jjood  and  sni'ticient  bond,  to  In-  aiiidoved  by  the  mayor  aud  the  council. 
iu  the  sum  of  twenty  live  hundred  (lollars;  ont^  clerk  of  excavati(ui  depart- 
ment, who  siiall  receive  a  salary  of  one  hundred  dollars  per  month;  one 
eu};ineer  of  coustruet  ion  and  reconstruction,  who  shall  Innc  chaif;e  aud 
supervision  of  the  construction  and  re<'onstruction  of  the  streets,  alleys  anil 
public  plao's  of  the  city,  subject  to  the  power  and  supervision  of  the  gen- 
eral snperiuteudeut  of  street  construction,  aud  who  sliall  receive  a  salary 
of  one  linndred  ami  tifty  dollars  jier  month,  and  shall  give  a  good  and  suf- 
ticient bond,  to  be  api)ro\eil  by  the  mayor  and  council,  iu  the  sum  of  twcnty- 
tive hundred  ijoljars;  four  district  supei-inlemleiits.  one  for  each  of  the  four 
districts  heleinafler  created,  who  shall  be  at  all  times  subject  to  the  coiilrol 
aud  super\  isiou  of  the  street  commissioner  aud  iu  their  respective  distri<'ts 
shall  supervise  aud  have  charge  of  the  repairs,  cleaning  aud  sprinkling  of 
llie  streets,  alleys  aud  public  places  of  their  respective  districts,  and  of  the 
sprinkling  inspectors  assigned  to  iluly  in  their  respective  districts,  and 
shall  each  receive  a  salary  of  one  hundred  and  sixty-six  dollars  and  sixty  six 
cents  per  month,  aud  sliall  give  a  gotjd  aud  sufticient  bond,  to  be  a|>pro\'ed 
by  the  mayor  and  the  roumil.  iii  the  sum  of  ti\e  thousand  dollars  earh.  and 
shall  each  fuinish  his  own  buggy  and  horse,  but  the  subsistence  and  maili- 
lenauce  thereof,  not  to  exceed  the  sum  of  twenty  (hdlars  per  month  each, 
shall  lie  ]iaid  by  the  i-ity;  one  assistant  superiutendeut  f<M'  each  of  the  salil 
four  (listi-ict  sajM-riuleiidents,  who  shall  receive  a  salary  of  one  hundred 
dollars  |M'r  month,  and  who  shall  furnish  his  own  buggy  aud  horse,  but  the 
subsistence  and  maintenance  thereol'.  nol  to  exi'ced  the  sum  of  twenty  dol- 
lars per  month,  shall  1m-  |)aid  by  the  I'ity;  one  clerk  to  each  of  the  district 


978  KKVISKU  CODP:  or  OICNKRAL  ordinances.  [CHAP.    24. 

superintendents,  who  sluill  rofoive  eadi  a  salary  of  seventj'-five  dollars  per 
month;  forty  inspectors,  ten  of  whom  shall  be  assigned  to  each  of  the  four 
districts  hereinafter  created,  who  shall  each  receive  a  salary  of  seventy-five 
dollars  per  month,  and  shall  in  addition  to  all  other  duties  herein  provided 
and  such  as  may  be  re(|uired  by  the  street  commissioner,  shall  perform  such 
duties  as  may  be  required  by  the  district  superintendents. 

The  offices  of  engineer  of  construction,  general  superintendent  of  re- 
pairs and  cleaning  streets,  superintendent  of  excavations  and  sui)erintendent 
of  cleaning  reconstructed  streets,  are  hereby  abolished,  and  the  terms  of  the 
persons  now  holding  said  offices  shall  cease  and  determine  upon  the  taking 
effect  of  this  ordinance.     (M.  C,  sec.  1832.) 

For  other  positions  and  salaries  see  intra,  following  sections,  and  reference 
in  notes;  and  for  employes  in  street  sprinkling:  department,  sec.  1076.  Commis- 
sioner's  salary,    see   sec.    1996. 

Sec.  1947.      City  divided  into  four   street   districts. — For  the 

purpose  of  enalding  the  street  commissioner  to  carry  into  effect  the  pro- 
visions of  .section  1040,  the  City  of  St.  Louis  is  hereby  divided  into  four 
districts,  to  be  bounded  as  follows: 

First  District — Bounded  on  the  south  by  the  southern  city  limits;  on 
the  east  by  the  Mississijjpi  river;  (ui  the  north  by  Soiilard  street,  and  its 
prolongation  to  the  river,  to  Rrfiadway;  thence  along  I'.roadway  to  Allen 
avenue;  thence  along  Allen  avenue  to  S(>cond  Cai-ondelet  avenue;  thence 
along  Second  C'arondelet  avenue  to  Oravois  avenue:  thence  along  Gravois 
avenue  to  Shenandoali  street;  thence  along  Shenandoah  street  to  Grand 
avenue;  thence  along  Grand  avenue  to  Arsenal  street;  and  thence  along 
Ar.senal  street  to  western  city  limits. 

Second  District — Hounded  on  the  south  by  the  northern  boundaries  of 
district  number  one,  aforesaid,  on  the  east  by  the  Mississippi  river,  on  the 
north  by  I'ine  street  fi'om  the  river  to  Com])ton  avenue,  thence  along  Comp- 
ton  avenue  to  ('houteau  avenue,  thence  along  riumteaii  avenue  to  the  New 
Manchester  road,  thence  along  New  Mancliester  road  lo  King's  highway, 
thence  along  Berthold  avenue  to  westei'n  city  limits. 

Third  District — liounded  on  the  south  by  the  noil  hern  boundaries  of 
district  iiuiiiber  two.  aforesaid,  on  the  east  by  the  Mississi]tpi  river,  on  the 
north  by  St.  Louis  avenue,  from  the  river  to  Twenty-third  stre(>t;  thence 
ahmg  Twenty-third  slre(>t  to  Helierl  street,  thence  along  Hebert  street  to 
Grand  avenue,  thence  along  Grand  avenue  to  ICaston  avenue,  thence  along 
ICaston  avenue  to  King's  highway,  thence  along  King's  highway  to  Ridge 
avenue,  thence  along  Ridge  avenue  to  western  city  limits. 

P\>urtli  District — Bounded  on  tli(>  south  by  the  7U)illierii  hnundaiies  of 
district  number  three,  aforesaid,  on  the  east  by  the  Jlississippi  river,  and 
on  the  noi'th  and  west  by  the  city  limits.     (5L  C.,  sec.  IS."?:?.) 

Sec.    1948.       Additional    emjdoyes    of    street    department — 

salaries. — In  addition  to  the  officers  hereinbefore  specilied,  the  street  com- 
missioner shall,  with  the  apj)roval  of  tlie  mayor,  aiii)oint  sucli  additional 
surveyoi-s,  draughtsmen,  rodmen,  field  hands,  and  ins])ectors,  overseers, 
clerks,  mechanics,  teams,  carts  and  day  laborers  as  may  be  required  for  the 
efficient  working  of  his  de])artment.  whose  salaries  and  liire.  excepting  day 
laboi'ers,  teams  and  carts,  shall  be  as  follows:  Surveyors,  one  hundred 
dollars  ]i(>r  month;  di-aiiglitsmen.  seventy-five  dollars  )ier  month;  rodmen. 
sixty  dollars  ]ier  month;  field  hands,  fifty  dollars  jier  nuuifli;  inspectors, 
seventy-five  dollars  per  month  ;  overseers  of  street  repairs  and  street  cleaning, 
seventy  five  dollars  pei"  m<uilh;  clerk,  seventy-five  dollars  per  month. 


AUT    nil  OK  STHKKT  lOMMISSIONIOIt.  <I7!( 

No  Iciiiiis.  wjifioiis  or  cnrls,  tM'lon};iii{,'  iii  \\  Imli'  ur  in  pait  (o  llii-  Hlfcct 
coiiimissioiicr.  or  to  any  oflirer  in  any  of  llic  ilc|i:irliriciils,  shall  he  usim]. 
directly  or  iinlircftiy,  for  any  work  done  or  jit'rfornu'(l  foi-  or  liy  tlu'  city. 
(M.  ('."  sec.  1S.M4.) 

For  uiMltiiinul  finployji  i^onncctril  with  the  Kui'bugi'  iHvlslon  of  thp  stn-ft 
Ooimrtinint  Sfi-  Hvv.  C.  ncr.  1205-1207.  And  for  employes  In  tho  city  fur..-»ter'« 
illvlHlon  siMi  It.  «.'..  »i>r.  12r.2.  1253;  uiiil  .inplnvrs  li\  str.'ct  .sprlnklliiB  illvl.sinn  , 
H    r.,   Hcc.    1076. 

Sec.  1})4*J.  Flirt licr  siilHtrdiiiatcs  :inil  positions  in  Ntr«M-l  tU*- 
pai't  iiK'iii  — tcniiri' — «liitii*s  — various  sii|K-riiitcn<l4'nts,  «'t<*. — 'l'h<  re 
arc  licicliN  ciiMicil  (lie  followiiii;  iiaincil  .sulionliiMir  uliiics  in  ilic  sircci  de- 
|>artiiicnt.  lo  eacli  of  wliicli  llie  street  coiniiiissioncr  may,  with  (he  approval 
of  the  mayor,  appoint  llie  followiiit;  suhordiiiates,  wlio  shall  lioUl  Iheir  re 
spective  oftices  (Iiirin<;  the  ph-asuro  of  the  street  (;oniiiiissioncr,  and  who 
shall  perforin  the  duties  hereinafter  specified  and  such  oilier  duties  as  jier- 
tain  to  their  respective  positions  and  such  as  may  he  required  of  them  liy 
the  street  commissioner,  towil:  One  siiperintenth-nt  of  street  construction 
and  recoiistruilion ;  four  assistant  superintendents  of  street  constrnclion 
and  reconstrtict  ion :  one  su|ierintendent  of  block  patrol  system  of  street 
cleaniiif;;  <>ne  su|ierinlendent  of  street  sweepin-;;  one  superinleudent  of  ex- 
cavations; and  one  |ieinjit  clerk  in  excavation  division. 

The  superintendent  of  stre<-t  const  rui'tion  and  rei'onstruction  shall  lia\(' 
suiH'rvision  over  the  work  of  constnictin}:  and  reconslruclin}.;  streets  and 
alleys;  the  four  assistant  superintiMidents  of  street  construction  and  recon- 
struction shall  assist  in  supervisiiij;  the  work  of  constructing  and  recon- 
structing streets  and  alleys;  the  superintendent  of  block  patrol  system  of 
street  cleaning  shall  have  charge  of  the  \\()rk  of  cleaning  tli(>  paved  streets 
l)v  manu.'il  lalior:  the  superintendent  of  sti'eet  sweeiiing  shall  have  charge 
of  the  Work  of  cleaning  the  paved  streets  iiy  machines;  the  superintendent 
of  excavations  shall  have  charge  of  all  excavations,  and  the  retilling  of  same 
made  in  all  ]iulilic  streets  and  alleys  of  the  city;  the  permit  clerk  in  excava- 
tion division  shall  issue  excavation  permits  under  tlie  direction  of  the  su- 
[K-rintendent  of  ex<-avations.  Mird.  1.'14!IS.  sec.  1,  amending  ord.  211101,  and 
re|M':iliii^  'Jlisyi    I 

.^■•r.  l!t,')0.  Sann'— salarii's. — The  superintendent  of  street  con- 
struction and  reconstruction  shall  receive  a  salary  of  one  hundred  and 
twenty-live  dollars  jier  mouth;  the  four  assistant  suiieiintendeuts  of  street 
construction  and  reconstruction  shall  each  receive  a  salary  of  one  hundred 
dollars  |ier  month:  the  snperinteiulent  of  block  jiatrol  system  of  street  clean- 
inu  shall  receive  a  salary  of  one  hundred  and  tifty  d<dlars  ]ier  month;  the 
siilM'rintendent  of  street  swe<>piiig  shall  receive  a  salary  of  one  hundred  and 
fifty  dollars  [hm-  month;  the  superinlcndi-nt  of  exc-ivatioiis  shall  receive  a 
Kilary  of  one  hundred  and  tifty  d(dlars  per  month;  and  tlu;  |U'rniit  clerk  in 
excavation  division  shall  rei'eive  a  salary  of  ninety  didlars  jter  month,  i  Ih.. 
wc.  •_'.  I 

Sec  l!t.')l.  Same  lion<l  of  siii»«'rint«'n<l»'uts.  The  suiieriniend 
eni  of  block  patrol  system  ot'  sin-i-t  cleaniiej.  Miperiiitendi-nl  of  street  sweep- 
ing and  the  superintendent  of  excavations  shall  each  file  a  bond  in  the  sum 
of  twenty-five  hundred  .t..nar^  u<  Im-  afiiMnved  \>\  ihe  mayor  and  council. 
(  /6.,  sec.  2. ) 

See.  l!i,")_'.  Saini' — liorsr  anil  lnig'.r.\  —  co^-f  how  paiil. — 
Tlie  sn|M'rintendent   id'  block   patrol  system  of  street   i  le;ining.   tin-  siijieriii- 


980  IIKVISIOI)  CODE  OR  GENERAL  ORDINANCES.  [CHAP.   2i. 

teiident  of  .sti-cct  .swt'cjiiiij;  and  tlic  suiicriiifciMlenf  of  exeavatioiis.  shall  fur- 
nish theii-  own  horse  and  laiiifi.v  at  their  own  cost  and  expense.  l)nt  the  eost 
of  subsistence  and  maintenance  thereof  shall  l)e  paid  out  of  the  city  treas- 
ury. i)rovided.  that  The  same  do  not  exceed  tlie  amount  of  twenty  dollars  per 
month  each.     {lb.) 

Sec.  19;"):?.  Conveyance— what  to  hv  fnrnislied  by  commis- 
sioner, etc. — The  street  commissioner,  street  superintendents,  one  assist- 
ant superintendent,  and  the  street  inspectors,  emjiloyed  as  sidewalk  inspect- 
ors (special  lax  re]iairs).  not  to  exceed  three,  and  the  .street  inspectors  eni- 
])loyed,  as  special  insjiectors,  not  to  exceed  three,  shall  furnish  their  own 
conveyance  at  their  own  cost  and  exi)ense  when  such  conveyance  is  neces- 
sary, but  the  cost  of  subsistence  and  maintenance  thereof  shall  be  paid  out 
of  the  city  treasury;  provided,  that  the  same  do  not  exceed  the  amount  of 
twenty  dollars  ]ier  month  each.      {M.  ('..  sec  IS-'to.) 

Sec.  19.54.  Offices  may  be  rented.— The  street  commissioner  may 
rent  suitable  offices  for  each  of  the  street  sui)eriutendents  within  their  re- 
spective districts,  the  nionthly  rental  of  the  same  not  to  exceed  twenty-five 
dollars.     (M.  ('■..  sec.  1S;{().) 

ARTICLIO  TV. 

Ol^   SEV\'ER   COMMISSIONER.* 

Sec.  1955.  (inalifications  and  duties. — The  sewer  commissioner 
shall  be  the  lasid  of  the  .sewer  depart nieut.  shall  be  a  civil  engineer,  and  his 
duties  shall  be: 

First — To  take  cognizance  ()f  all  matters  jiertainiiii;  to  the  drainage  of 
the  city. 

Second — To  ]irepare  ail  snr\eys,  ]ilans.  specitications  and  estimates  for 
all  sewers  to  be  conslriicled.  and  for  the  extension  of  the  s(M\('rage  system 
of  the  city,  as  may  lie  ]ii-o\  ided  liy  ordinance. 

Third — To  superintend  the  conslrnclion  of  all  ])ublic.  district  and  joint 
district  sewers,  and  to  see  that  the  jirovisions  and  regulations  in  regard  to 
private  sewers  and  house  c()nnections  are  strictly  ol)ser\t'd  and  enforced. 

Fourth — To  direct  the  cleaning  of  all  jiublic.  district  and  joint  district 
sewers  with  their  inlets,  manholes  and  other  ap]iui-tenances. 

Fifth — To  keep  a  full,  accurate  and  systematic  account  of  all  the  ex- 
penditures of  this  dep;ntnient  ])roperIy  "ledgeri/.ed"  under  a](]proiiiiate  heads, 
and  a  systematic  record  of  all  tiansactions  relating  to  his  deiiarlment  with 
full  and  complete  index  to  all  reiords. 

Sixth — 1%)  grant  permits  to  make  connections  with  all  sewers  under 
such  restrictions  and  regulations  as  the  Municipal  A.ssenibly  nuiy,  on  the 
recommendation  of  the  board  of  public  improvements,  establish. 

Seventh — To  exhibit  plans  and  surveys  and  furnish  inloiiiiati()n  upon 
Jiublic  sewerage  matters  free  of  cost  to  all  parties  having  a  legitimate  right 
to,  aud  need  of,  such  information,  as  may  apply  for  it.  (Ord.  L'OOti^,  amend' 
ing  M.  C,  sec.  1S:!7. ) 


•Cliarter  provisions  relating  to  sewer  commissioner:  Art.  IV,  section  36:  also 
IV,  sees.  2.  3,  34.  47.  As  to  ordinance  provisions  concerning  sewers  see  R.  C, 
Cliap.   3),   lu'inft  sees.    2302  and  following. 

/ 


4 


AUT.  V.  1  OK  WATKI!  I'o.M.MISSIONKU.  !)S1 

Set".  195().  Assisliiiil  aii«l  <»(h«'i'  i'm|»l<i.v«'s.  -'riic  sewer  coiiiiiiis- 
sioiK'i-.  Willi  tlif  :ii>|irt(\;il  ol  the  luavur.  iiiii.v  apiininl  :i  siiil;ililf  pcisim,  wlio 
sliall  III'  ii  civil  cii^'iiu'iT.  as  assislaiil.  ami  may.  with  the  aiipi-oval  of  (Ik- 
|irt'siilciii  oT  Ilif  liuanl  of  |iiilili<-  iiii|priiM'm('iils,  a|i|i<>iiii  livil  ciiiiiiu'crs,  a 
S('fi-c(ar_\ ,  (Iral'lsmcii.  ricrks,  a  sl('iiiif;ia|ilifi-.  a  sii|i('riiit(Mi(It'iit  ami  overseers 
of  Sfwer  cleaniii'i,   iiisiiecliirs,  rodiiieii.   tield   hands,  sewei-  eleaiieis  and    la- 

h<>rerK.  as  ma\ ,  fiom  time  to  time,  he  loiind  necessai-.v  I'of  tl I'tieient  work- 

iiij;  of  the  de|iaiiment.  whose  niiinhei-.  salai'ies  an<I  Ixiiids.  ex<-e])tin<;  day 
lalioieis.  shall  he  lixed  h.v  oi(liiianee.     (Old.  214li4.  ameiidiiif;  ofd.  2(Hi<!8.) 

As  til  Maliirlos  of  oinployi-.i  In  sow.T  ilipiiitiiunt  sn-  H.  C,  .sees.  20U.  2001. 
Svwcr  fommlsBlonor's  salnry,   sec.   1997. 

The  above  ordinance  waa  ntrain  anuMUI.-.l  <uii.  i  the  onactim-nt  of  tho  Rovisi-J 
Code)   liy  ord,   23131.  approved  July    IS.   1907. 

.VKTKI.i;  V. 
rii-  \v.\Ti:u  roMMissioNM'i;.'' 

Sim-.  19.">7.  >\  ;i(«'r\\oi"ks — work  lor  to  !>«'  !«'(  :is  otlici- 
piil>li«-  work— siihjrrt  to  approval  of  coiincil.  The  doin;:  of  all 
work  and  the  I'lirnishin-i  of  all  nialerial  and  sn|i]dies  lor  the  waterworks 
sliall  he  let  out  In-  the  eominissioiiei-  in  the  same  inannei-  as  othei-  jiuhlic 
work,  e.xeept  in  eases  where  it  is  not  jiraelieal  to  do  snrli  work  or  fnrnisli 
such  nialerial  h.v  eontraci  ;  and  all  conlraets  shall  he  siihinitted  to  the  conn- 
eil  foi-  a|ii"io\al.     I  .M.  < '..  see.  1S:!!I. ) 

.Siiiiif  n.x  Chaiter:  Art.  VII.  sec,  3.  A  provision  In  a  contract  for  water  works 
Improvenient.x  that  "to  prevent  all  disputes  and  litleatlon.  the  city's  commissioner 
shall  determine  the  amount  of  the  several  kinds  of  work,  which  are  to  be  paid 
for  under  the  contract  and  that  lie  .shall  ilecidc  all  i|ue.stions  that  may  arise 
relative  to  the  execution  of  the  contract  on  the  part  of  the  contractor,  and  that 
his  pstimati'S  shall  be  final  and  conclusive"  is  valid  and  the  court  will  not  set 
aside  the  estimate  In  the  absence  of  fraud,  partiality  or  misapprehension:  Mc- 
cormick v.s.   St.   Louis.    166  Mo.   31."i. 

See.  195S.     Water  «'oiimiissioiH'r,  (|iialifical ions— dnt ies. — The 

water  eoinniissioner  shall  he  the  head  ol  the  water  de|iari  nieiil,  shall  lie  a 
duly  i|n;ililied  en<;ineer,  and  shall  have  under  his  sjiecial  ('haro;e  the  |iiim|)- 
in;;  marhinery.  romlnits,  re.sei-voirs,  water  pijies.  and  the  operation  of  the 
same,  the  plaeiii>r.  repairiii«j  and  maintenance  of  meters,  valves,  tire  plu};s 
and  all  oilier  a|)pnrienances  id'  the  water  distrilmt  ion.  He  shall  desijiii  and 
siiperiniend  the  eiilar;^ement  and  extension  <>(  the  waterworks,  and  shall 
sii|ieriiiteiid  and  direct  the  lay  in";  of  water  pijie,  niakiii<;  sliut-otr.s  and  tap- 
pin;;  of  mains,  lie  shall  enforce  the  jierforinaiice  of  all  existing  and  future 
contracts,  and.  further,  sliall  ex('reis<'  a  general  supervision  over  the  entire 
water  supply  of  the  city  except  the  as.sessineiit  of  water  rates  and  the  col- 
lection of  the  revenue  of  the  waterworks.     ( .M.  (',,  sec,   1840.) 

See  Charter  provisions  followed  by  this  ord'nance:  Art  IV.  sec,  37;  and  also 
Art.   VII.   sec.    1. 

S>c.  1950.     Clilrf  iiKM-lianical  4>ii<;:iiM-<'r— appoint  iii«'iit^<iiiti<>s. 

— The  water  commissioni'r  sliall.  with  the  .ippinvaJ  ol'  iIh'  mayor.  ap|>oint 
a  Hiiilahle  person  as  chief  mechanical  eii;:ineer.  who  shall  he  well  skilled  in 
niacliiiiery  and  in  the  ruiiniii;;  and  manaj^enieiil  of  pnmiiini.'  eii};ines.    ^^uch 


•Charter  provisions.  Art.  IV.  sec,  37;  also  IV.  sec-  i7;  see  especially 

Art.   VII,  sees.   1   to  6.  and  notes. 

As   to  other  employes  and  salaries  besides  those  mentioned   in    this  article   <■■-!> 
sees,  2001,  2006  to  2010.  and   for  comr's.  salary  sec,   1997. 


982  ki:visi:d  couio  or  general  ordinances.  ichap.  24. 

chief  mechanical  engineer  shall  have  immediate  charge  of  the  engines  and 
machinery,  and  of  all  matters  pertaining  to  the  i)umping  department.  (M. 
C,  sec.  1841.) 

Sec.  1960.    AssiHtant — other  necessary  employes  to  be  appoiut- 

ed. — The  water  commissioner  may  also  a])i)oint,  with  the  approval  of  tho 
mayor,  a  suitable  person  to  be  assistant  water  commissioner,  and  may  fur- 
ther appoint,  with  the  a])proval  of  the  president  of  the  board  of  j)ublic  im- 
provements, such  civil  and  mechanical  engineers,  superintendents,  machin- 
ists, tappers,  inspectors,  gate-keepers,  oil  men,  tiremen,  coal-passers,  tield 
hands,  clerks,  draftsmen,  laborers  and  mechanics,  as  may  from  time  to  time 
become  necessary  for  the  efficient  working  of  this  tlepartnient.  whose  num- 
ber and  compensation,  except  for  day  laborers,  shall  be  established  by  ordi- 
nance.    (Ord.  22003,  amending  M.  <;.",  sec.  1841'.) 

Besides  employes  n\entioned  in  tiiis  article  see  furtiier  employes  and  salaries 
In  R.  C,  sees.  2001.  200.T  to  2010.  As  to  ri^ht  to  provide  for  additional  employes 
see  Charter.   Art.    IV.   sto.    42. 

See.  1961.  Certain  employes  for  waterworks  electric  ]>lant  and 
railw^ay — compensation. — The  water  commissioner  is  hereby  author- 
ized to  emi)loy,  subject  to  the  approval  of  the  j)resident  of  the  board  of  pub- 
lic improvemenis,  for  the  operation  of  the  Water  Works  Electric  Plant  and 
Railway,  one  electrician,  who  shall  receive  compensation  at  the  rate  of  one 
hundred  dollars  per  month;  three  dynamo  tenders,  who  shall  each  receive 
com])ensation  at  the  rate  of  sixty  dollars  per  month ;  three  motormeu,  who 
shall  each  receive  compensation  at  the  rate  of  sixty  dollars  per  month;  three 
conductors,  who  shall  each  receive  compensation  at  the  rate  of  sixty  dollars 
per  month,  and  such  mechanics  and  engineers  as  may  be  necessary,  at  not 
exceeding  four  dollars  ])er  day  for  each  day  of  actual  work.     (Ord.  204S."{.) 

Sec.  1962.  Ijoconiotive  for  waterworks. — The  board  of  public 
improvements  is  hen^by  authorizeil  and  directed  to  procure  one  steam  loco- 
motive for  the  use  of  the  water  works.  The  cost  of  the  same  shall  be  paid 
by  the  City  of  St.  Louis.     (Ord.  21447.) 

Sec.  1963.  Conveyance — provisions  for. — The  water  commissioner 
shall  furnish  his  own  conveyance,  to  consist  of  a  hoi'se  iuid  buggy,  and  shall 
receive  therefor  compensation  at  the  rate  of  twenty  doli;irs  per  month.  (M. 
C,  sec.  1843.) 

ARTICLE  VL 

OK  H.-VKr.OR  .\ND  WHAHK  COMMISSIONER  • 

Sec.  1964.  His  powers  and  <luties.— The  harbor  and  wharf  com- 
missioner shall  be  the  head  of  the  harbor  and  wharf  department,  and  shall 
be  specially  charged  with  the  execution  of  all  ordinances  of  the  city  which 
relate  to  dykes,  wharf  and  levee,  steamboats  and  all  other  vessels,  and 
rafts,  and  scavenger  duiiij)s;  his  duties  stiall  be: 

First — To  cause  to  be  made  all  surveys  and  levelments.  and  to  prepare 
all  plans,  profiles  and  specifications  necessary  to  the  establishment,  con- 
struction, reconstruction  and  i-epairs  of  the  wharf,  dykes  and  scavenger 
dumps,  and  to  superintend  the  execution  of  all  contracts  and  other  i)ublic 
work  in  his  department. 

•Charter  provisions  see:  Chart..  Art.  IV.  sees.  2.  3.  34.  38.  47;  Art.  IX,  sees.  1 
to  10.  For  ordinances  concerning  Harbor  and  Wharf  Department  see  R.  C, 
t^hap,    X.    sections    ^45    to    43fi. 


^ 


AltT     VI.)  Ill-    II.VIii!i>i:    AM>    WIIARK  rn.MMISSIONKR.  IJHK 

Second — To  fiiiiiish  tlie  city  i-ouiisi^lor  corrcfl  plans  of  all  IuikJs  to  be 
coiiilcMiiiiecl  for  wiiail  i)mpo.ses,  in  aieordaiue  with  ordinances  of  the  litv. 

Third — To  preserve  in  iiis  oflico.  all  maps,  jtlaiis  and  suiveys  helon;; 
ing  to  his  departnicni,  with  all  records,  liooks,  pajiers  and  oiiici-  iliin;;s  re- 
lating thereto. 

Fourth — To  carefully  oxaniine  and.  it  found  currecl,  certify  all  lulls 
and  claims  against  the  city,  pertaining  to  his  department,  and  to  keep  u  full, 
accurate  and  systematic  account  of  all  oxjienditures  made  under  his  super 
.vision,  projierly  ••jodgeri/.ed"  under  approjiriate  lieads.  This  clause  is  not 
to  1)0  so  construetl  as  to  authori/,e  the  employment  of  a  bookkeeper. 

Fifth — To  make  out  upon  blanks  furnished  by  the  comptroller,  :uid  de- 
liver to  the  city  collector  for  collecliou,  all  bills  for  wharfage  dues,  levee 
rates,  and  all  other  dues  whatever  to  his  department,  as  m.iy  be  establish. ■.! 
by  ordinance,  immediately  on  the  liability  thereof  accruing,  taking  diipli 
cute  recei[its  therefor,  vine  of  which  Ik;  shall  retain  in  his  oflice.  and  the 
other  he  shall  deliver  at  least  monthly  in  the  au<litor  for  charge  agaiiisl  the 
collector;  also  to  furnish  to  the  collector  such  iiifonnal  ion  as  will  niablc! 
the  said  collector  to  collect  said  bills. 

Si.xth — To  direct  the  landing  aiul  stationing  of  all  boats,  vessels  or 
rafts  arriving  at  any  )ioint  within  the  limits  of  tlie  city,  tind  to  direct  the 
discharge  and  removal  of  their  cargoes;  to  superintend  the  disposition  of 
freight,  merchandise  and  nuiterials  for  repairs  on  the  river  bank;  to  keep 
the  wharf  and  river  along  the  shore  free  from  nuisances,  wrecks  aud  other 
impro|per  obstructions;  to  provide  and  keeji  in  repair  ring  bolts,  dead  men, 
posts  and  other  facilities  for  fastening  vessels  or  rafts  and  generally  to  ex- 
ercise complete  suix.Tvision  and  control  over  the  wharf,  river  bank,  landing 
aihl  I'tont  street. 

Seventh — To  se<>  that  the  scavenger  dumps  established  by  ordinance  are 
kept  in  good,  ch-an  and  safe  contiilion.  aud  to  direct  and  regulate  the  dump- 
ing of  otTal,  m.inure  or  other  matter  therefrom.     (M.  C,  sec.  1844.) 

See  as  to  Uutlua  o(  commissioner.  Charter.  Art.  IX   (especially  soc.  6   thereof): 
Art.  IV.  sec.   3S.      Ordinances  Rev.  Code,  ChiiptiT  X.  sees.  3  iri-4.'!(!. 

Sec.    1965.        Deputies    aiul    «'inploy es_ boiMl.s — salaries    and 

\va};<'x.  — The  harbor  and  wharf  commissioner  may.  with  the  ap])roval  of 
the  iiia\i>r.  apiMiint  three  de[iuiies.  who  shall  each  receive  a  salary  of  one 
thousand  dollars  |ier  annum,  payable  monthly,  and  who  .shall  lile  a  bond  of 
two  thousand  live  hundred  dollars,  to  bi;  apjiroved  by  the  mayor  and  council, 
and  he  may  further,  with  the  approval  of  the  mayor  and  president  of  the 
boanl  of  public  imjirovemenfs.  from  time  to  time,  when  necessary,  apjioint 
thre«>  overseers  of  |.a\ing  on  the  wharf,  at  a  salary  of  two  (bdlars  and  twenty 
live  cents  per  day  ea<-li.  and  two  lield  haiuls  to  assist  the  engineer  in  making 
«urv(\v8,  at  a  .salary  of  two  dollars  per  <lay  each.     (Ord.  lll!ltit!.  sec.  lS4."i.  I 

For   other  employ'V  and   their  salaries   of   Harbor  ond    Wharf   l>cpt.    see    U.    C. 

sees.    2012   to   ■_'"<*      .1....    ......     til     .,„   to   fNinir's.    salary    iin«l   bond,   ser     19!t*» 

Sec.  10«>6.     Deputie'^  to  lu'  sworn  in  as   special   |>oli4-<>. —  The 

deputies  appointed  under  this  article  shall,  at  the  retpiest  of  the  harbor  and 
wharf  commissioner,  be  sworn  iu  as  special  pfdicemen  by  the  board  of  po- 
lice comminsioners,  and  shall  \h'.  vested  with  all  powers  and  privileges  now 
vested  in  the  metropolitan  patrolmen  of  the  police  force  in  the  State  of 
Missouri,  and  shall  exercise  said  jiowor  anil  authority  in  the  discharge  of 
their  duties  as  deputies  to  the  hiirbor  nnd  wharf  commissioner  of  the  City 
of  St.  Louis.     CSS.  C.  sec.  1S4(;.) 


984  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.    24. 

Sec.  1967.     Commissioner  to  have  charfj-e   of   dump   boats. — 

The  street  cleaning  (hiiiip  boats  shall  be  under  the  eontrol  and  nuanagement 
of  tlie  harbor  and  wharf  commissioner,  who  sliall  provide  for  tlie  care  and 
maintenance  thereof.     ( M.  C,  sec.  1847.) 

See.  1968.  Dump  l)oats,  watchmen  for. — Thi-  liarltoi'  and  wharf 
commissioner  is  hereby  authorized  and  directed  to  employ  two  day  watch- 
men and  one  night  watchman  for  each  set  of  boats,  whose  compensation 
shall  be  fifty  dollais  per  month.     (M.  C.  sec.  1S4S.) 

Sec.    1969.     Pay-rolls    for     «lump     boats — eertifieation    of. — 

All  jiay-rolls  and  vouchers  for  current  expenses  necessary  for  the  manage- 
ment and  maintenance  of  said  floating  dumji  boats  shall  be  certified  to  by  the 
harbor  and  wharf  commissioner  and  presented  for  payment  in  the  same 
manner  as  other  voucbei's  of  his  office.     (M.  C,  sec.  1849.) 

ARTICLE  YII. 

'•  OF  PARK  COMMISSIONER.* 

See.  1970.      Commissioner  to   have   cliarj^e   of  parks,   etc. — 

The  park  commissioner  shall  be  the  head  of  the  park  department,  and  shall 
have  under  his  special  charge  and  control  all  the  public  parks,  places  and 
siiuare.s  of  the  city,  excepting  such  as  are  by  the  charter,  or  by  their  dedi- 
cation or  other  sjtecial  provisions  in  the  nature  of  a  contract,  excluded  from 
the  control  of  the  city.     (]\I.  C,  sec.  1850.)  ' 

Charter,   Art.   IV,  sec.    39. 

Sec.    1971.     Superintendent    of    parks    and    keepers — 

The  I'ark  Commissioner  shall  have  autlioiity.  with  the  apjiroval  of  the 
mayt)r,  to  appoint  one  general  superintendent,  who  shall  be  ;i  well-(iualitied 
landsca]ie  gardener,  and  also  with  such  approval,  may  aipjioini  keepers  for 
such  of  the  dirterent  i)arks  as  may  be  provided  by  ordinance,  (il.  C,  sec. 
1851.) 

As  to  salaries  of  park  emplo>-es  see  post  R.  C,  sees.  2001.  201  r».  2016.  2017. 

Sec.  1972.  Engineers  an<l  other  emph>yes. — The  park  commis- 
sioner shall  also  have  authority,  with  the  a]i}iroval  of  the  mayor,  to  employ 
from  time  to  time  such  engineers,  draughtsmen  and  clerks,  and  with  the 
a])](roval  of  the  ])i'esident  of  the  board  of  jiublic  imin-ovements.  such  gard- 
eners, overseers,  laborers  and  field  hands  as  may  be  necessary,  whose  num- 
ber and  .salaries.  exce])ting  day  laborers,  shall  be  established  by  ordinance. 
(M.  (",,  sec.  1852.) 

Sec.  197:i.  Superintendent  of  parks — duties. — The  superinteud- 
ciii  of  parks  shall,  ninler  the  direction  of  the  park  commissioner,  have  gen- 
eral supervision  of  all  the  keepers  of  and  gardeners,  labi>rers.  etc.,  employed 
at  the  several  pai-ks.  lie  shall  superintend  the  laying  out  and  grading  of 
said  jiarks  and  the  ]ilanting  of  trees,  shrubs  and  fiowers  therein.  He  shall 
rei>ort  to  the  i)ark  commissioner  any  neglect  of  duty  or  delinquencies  on  the 
{)art  of  the  men  under  his  control.     No  employe  of  any  park  shall  directly 

•For  Cliarter  provisions  concerning  Park  Commissioner  see  Art.  LV,  sees.  3. 
3-t.  39.  47;  Art.  A'lII.  For  ordinances  concerning  public  parks  see  post  R.  C. 
sees.  201S  etseg.  of  Cliap.  25. 

Eniplojcs  and  salaries  see  post  sec.   2001.  and  especially  sees.   201fi  et  seq. 


AIIT.   Vlll    I  OF  AI>VHHTISI_N(;   I  MT'ltl  )V  IC.M  I-:NTS   AND  Cl  )N"ri;.M  "I'S,  ()85 

or  iiidii't'ctly  0''  I'lifliipHl  in  tlio  rnriiisliinj;  of  ;>iiy  tiDWcrs.  trees  or  ](Iimts 
for  any  jmi-k  ownetl  by  tlie  city.     i.M.  C,  sec.  ISo^.) 

See.  1!»74.  Is*'  of  poikIn  for  fish.  -Tlic  use  of  imukIs  mow  existing 
in  Forest  Tiiri^.  e.\ie|ii  •  r.ivilion  l,:ike"  ami  all  siicii  oilier  |ioii(ls  as  may 
hereafter  lie  i-onstrmled  li\  the  Stale  i^'isli  Commission  with  the  a|)|iro\al  of 
the  lioarti  of  |Hil»lic  improvements  of  the  ("ity  of  St.  Louis,  is  hereliy  j;rante<l 
to  th(>  lisli  eonimissioii  of  the  Stale  of  .Missouri  for  the  i)urpos(>  of  hatching 
and  ]iropagatin>;  food  tishes  for  the  term  of  ten  years.  Iiegiiiiiiiij;  on  the 
lirst  day  of  .lanuar.v,  nineteen  Inuidreil  ami  iliree:  prn\  iilc<l  iliai  ihe  i:('iieial 
oriianK'iilaiion  of  the  groumls  adjaeenl  liieretti  shall  always  he  under  Ihe 
siiper\  isioii  ol  the  park  department  of  Ihe  ("ity  of  St.  Louis,  as  also  the  risxht 
to  use  said  ponds  for  boalini;  |iurposrs  wliene\ei-  <lecnied  dcsirahli'  by  the 
park  (dmiiiissioiier. 

Wilhiii  lhirl\  da\s  after  this  ordiiiaiice  goes  iiilo  ell'ecl  ihe  State  Fish 
("ommission  siiall  tile  its  aceeptanee  of  the  i)ro\isions  hereof  in  the  office  of 
the  <ity  register,  and  if  not  filed  as  herein  prt)vided  the  ordinance  shall  be 
null  and  void.     lOrd.  '2UnW.  amending  .M.  ('.,  sec.  1854.) 

Orii..  approved   March   17,    1903.   but   the   acceptance    Is   not    found   on   file  In    tlie 
register's  offloe. 

Sec.  1!)75.     I'oikIs — iinprox  t'liM'iits   in    by    (isli  coiuinission. — 

.Ml  ini|U'ovenients  which  said  I'^ish  ('(mimission  shall  liiid  it  iiecossarv  f)i' 
advisable  to  make,  shall  be  made  at  its  own  expense  and  in  strict  accordance 
witli  plans  and  detail  drawings  first  submitted  to  and  approved  by  the  boaril 
of  ]iublic  improvements,  and  any  failure  on  the  ])art  of  said  Fish  (\)nunis- 
sion  to  properly  care  for  and  kee|>  charge  of  said  ]>remises,  shall  cause  a 
forfeiture  of  the  pi-i\  ilege  herein  granted,  of  which  due  notice  sliall  be  given 
to  the  mayor  by  the  board  of  public  improvements,  and  in  such  case  thi; 
tishes  with  which  Ihe  jionds  are  slocked  and  all  aj»]iurtenances  and  improve- 
inents  made,  shall  become  the  properly  of  the  city.     (^L  C,  sec.  1855.) 

.VKTIcr.E  Vlll. 

OF  RtX;i'I.AT10.VS  CONCKRN'ING  THK   AUVKRTISINO   OI-'   I'l'BI.IC   IJIPROVEMIC.VTS 

.v.vn  tuf;  .vwATtDiXG  of  contracts.* 

See.  1976.  Lettinj;  of  work,  to  be  nnnibiTod. — Eaili  let- 
ting of  work,  by  the  board  of  public  im)u-ovenieiits,  when  .•i(h-erti,sed,  shall 
Im'  designated  by  a  number,  ami  shall  be  ofticiall\'  known  by  such  inimbor. 
I  M.  <".,  .^ec.  IS.'C.  1 

Si'c.  1977.  A(lvrrtis«'iii<'iit  of  not  i«'<' of  let  ling:. —  The  notice  of  let- 
ting of  such  public  work  shall  be  pulilislird  In  ilie  iirws|iapers  doing  the  city 
printing  three  times,  the  last  publication  to  be  at  leasl  leu  <lays  before  the 
day  appointed  for  the  opening  of  bids;  but  when  .so  ju-ovided  in  the  (U'di- 
nance,  aiithori/.ing  or  directing  the  work  to  be  done.  Ihe  advertising  may  be 
for  a  dilVerent  perioil  and  in  other  papers  than  those  provided  above.  (Ord. 
2054;!,  amending  .M.  < '.,  see.  1857.1 

See   Charter.    Art.    VI.    sec.    27.    ami    notes   appendeil    then-to    ns    to    the    vnlldtty 
nnit   Int.rnr'  latlon  of  this  and  otlier  sections  of  this  arth  !.• 


•Sec  notes  to  Charter.  Art.  VI;  especially  sec.   27   thereof;  sec  also  R.  C.  sees. 
^84-S8!l:  also   R.   C,  sec.   1163. 


()y(;  nKVlSlII)  fODK  Olt  0P:XERAI,  ORDINAXCKS.  [CHAP.   24. 

Sei;.  1978.  VVIiat  such  iiotiot'  shall  state. — Said  notice  shall  state: 
First,  the  lunnber  of  the  lettiiij;.  Seeoud,  the  fieneral  nature  of  the  work  to 
be  done.  Third,  the  places  where  the  plans  and  specifications  and  forms  of 
contract  may  be  seen.  Fourth,  the  amount  of  certified  check  on  some  bank 
or  trust  company-  in  the  City  of  St.  Louis,  payable  to  the  order  of  the  city 
li-easurer  for  the  amount  of  deposit  re(piired,  as  hereinafter  set  forth,  such 
check  to  accompany  each  bid  and  to  be  enclosed  in  the  .sealed  envelope  en- 
closing the  bid.  Fifth,  the  time  and  place  when  bids  will  be  received;  and, 
sixth,  the  hour  .iiid  jilace  of  oi>enin<;  the  bids.  ilb..  amending  M.  C,  sec. 
IS.18.) 

In    accordance   with    Chartf-r.   VI.    sec.    27. 

Sec.  1979.  Bids  how  niado. — Each  bid  for  such  work  shall  be  made 
ujKni  a  blank  form,  to  be  furnished  by  the  board  of  public  im])r()vements, 
aiul  shall  be  placed  in  a  sealed  envelo])e,  addressed  to  the  "President  of  the 
Hoard  of  Public  Imiirovements,"  indorsed  "Proposals  for  I'ublic  A^'ork,"  and 
with  the  number  of  the  letting  for  which  the  bid  is  made.  Each  bid  shall  be 
signed  by  the  bidder,  or  by  an  authoi-ized  officer  or  agent,  where  the  bid  is 
by  a  firm  or  a  corporation.  Said  bid  shall  not  be  opened  before  the  day  and 
hour  fixed  in  the  notice.     I  ^I.  C,  sec.  18.59.) 

Sec.  1980.     Certified  cheek  (leposit  to  accompany   bid.— Eaeli 

bidder  shall  enclose  in  the  sealed  envelojie  enclosing  his  bid  a  certified  check, 
a.s  required  by  section  197S.     (Ord.  20.j43,  amending  M.  C  sec.  18G0.) 

Sec.  1981.  Amount  of  dei>o.sit. — The  amount  of  the  deposit  shall 
lx»  equal  to  ten  per  cent  of  the  total  cost  of  the  work  as  estimated  by  the 
board  of  public  improvements  if  such  estimated  cost  be  three  thousand  dol- 
lars or  less;  if  the  estimated  cost  be  more  than  three  thousand  dollars  the 
deposit  shall  be  ten  j)cr  cent  on  three  thousand  dollars  and  two  and  one- 
half  i)er  cent  on  the  excess  above  three  thousand  dollai-s;  [)rovided,  that  no 
de])osit  shall  be  less  than  tifty  dollars.     (M.  C,  sec.  180)1.) 

Sec.  1982.  How  deposit  conditioned— extension  of  time  by 
majority  B.  P.  I. — The  deposit  so  made  shall  be  conditioned  that  the 
successful  bidder  shall  enter  into  written  contract  to  do  the  work  bid  for 
according  to  the  terms  of  his  bid,  and  shall  furnish  ajiproved  security  within 
five  days  after  the  award  has  been  made  and  the  bidder  notified  thereof;  hut 
an  extension  of  time  for  furnishing  security  may  be  granted  by  a  majority 
\ote  of  the  board  of  public  improvements,  not  to  exceed  fifteen  days.  (Or(l. 
1207");-),  amen.ling  M.  C,  .sec.  1802.) 

Sec.  198;>.  Wlien  deposit  forfeited -new  bids.  If  any  bidder  to 
whom  a  contract  shall  have  been  awarded  shall  fail  to  enter  into  contract 
and  to  furnish  approved  security  within  the  time  specitied,  his  deposit  shall 
be  forfeited  to  the  city,  and  the  board  of  i)iiblic  imiirovements  shall  advertise 
for  new  bids.     (M.  (\.  sec.  18();}.) 

Sec.  1984.  Disposition  of  deposits  of  successful  an<l  of  unsuc- 
cessful bidders. — As  soon  as  a  contract  for  public  work  has  been 
awarded  the  jtresident  of  the  board  of  public  improvements  shall  return  to 
each  unsuccessful  bidder  the  certitied  check  accomjtanyiiig  his  bid,  as  the 
amount  of  deposit.  The  certified  check  of  the  successful  bidder  shall  be 
forwarded  by  the  ])resident  of  the  board  to  the  city  treasurer  as  the  deposit 
of  such  s\iccessful  bidder,  and  the  amount  thereof  shall  be  retained  by  the 


.M;r    \iili        I  >i-  .\ii\  i:i:iisim;  i.mi'Kc  i\  i;.\ii:Nrs  am  i  coNruACTs.  ij87 

trt'iisuri'i-  iiiitil  ilic  <(iiitinct  shall  liavo  liccii  ciilcnMl  iiilo  and  approvccl  bv 
tlu'  (•(iiiiicil.  Inlil  siuli  (lisposiiion  shall  lie  niadf  of  such  t-ci'tilii'd  rhcrks 
a<-f<>m|iaii_vliij;  liids  tiie  same  shall  rcinaiti  in  the  ciisludv  of  the  president  of 
llie  huai'd  of  i>ul(lic  iiiiproveineiits.     lOrd.  L'(ir>|:!.  amelidiii';  M.  < '..  sec.  ISdl.") 

Sec.  li)S,").  ()]>oililtv:  bi«ls.  Tile  bids  shall  he  opened  and  lead  on  ihe 
day  and  at  the  jdaee  indieated  in  llie  advertisement,  bv  the  luesidenl  of 
tlie  board  of  pnblic  improvements,  at  or  about  the  hour  of  twelve  ni.,  in  tlu> 
[)resenee  of  said  hoard  and  of  such  i)ii!dei°s  as  desite  lo  In'  prcscni.  i  M .  ( '.. 
see.   lSt;."i.  I 

S.>(!.  lllSli.     Kt'.jt'ctioii  of  Itiils  fttr  itoii-i-i»iii]>liaiir«>  \vi(li  rciniiro- 

inoiits.^ — If  ill  any  bids  blanks  are  nol  propci  ly  lilled  up  so  as  lo  niaUe  a 
bill  eom|dete  and  without  any  aiiiliij;uily  as  (o  its  intended  nieaniii!.;;  oi'  if 
a.  I)iil  has  any  alteration  or  erasure  upon  it  ;  or  if  it  be  not  properly  si^iiied; 
or  if  the  eerlilii'd  check  has  not  been  emdo.sed  with  the  bid  as  hei'cinbid'ore 
pi-ovided  then  said  bid  shall  be  rejected.  («)rd.  I'd.jJ:!.  amending  .M.  ('..  .see. 
ISi;ti.  I 

Sec.  lit.s;.  .\\\;ii(l  lo  lowest  rt'.s|>(>iisil)l<>  Witldor — who  .sncli — 
r«'jl»ftHMl  <)f  all  l>i«ls.  — .\s  soon  as  the  can\a.ss  of  the  .several  bids  shall 
have  t)een  completed  the  contract  shall  be  awanled  to  Ihe  lowest  res]ionsible 
bidder.  >«'o  person,  linn  or  cor|)oration  shall  be  <leeiiied  such  .1  responsible 
biddiT  who  has  failed  or  refused  to  fully  carry  out  any  prior  contract  let  to 
him  or  them  for  doiu}^  any  work  contemplated  by  the  charter;  jirovided. 
however,  thai  the  board  of  public  im|iro\i'ments  shall  have  full  |)ower  and 
Hiithority  to  reject  all  bids  athcrtised  for  ami  submitted.  wheneM'r.  in  its 
judgment,  the  interests  of  the  city  may  reipiire.  ,ind  in  such  event  shall  in 
like  nuinner  readverlise  for  bids  for  such  work.  i()rd.  •_'ii.")4:!.  amending;  .M. 
r.,  sec.  ISGT.) 

See   Clmrt>r.    .\it.    VI.    soc.    27.   and   not<-. 

Sec.  198.S.  Hoil<l.>4 — .sjireties. — The  performance  ol'  all  contracts 
made  by  tlie  boanl  of  public  im|irovements  shall  be  .secured  by  at  least  two 
siiftieient  and  approveii  securities.  f;ivinf;  bond  to  Ihe  ("ity  of  St.  Louis  in 
.amounts,  as  f<dh)ws:  When  the  estimateil  ninoiiiii  ol  the  contract  is  live 
thousand  dollars  or  less  the  bond  shall  Ih>  for  the  full  amount  of  the  eon- 
tract,  and  when  the  estimated  amount  of  the  contract  is  over  live  thousand 
dollars  the  bond  shall  Ih-  for  live  thousand  (b)llars  ;ind  twenty  live  per  cent 
on  the  amount  of  the  estiniale  in  excess  of  live  thous.ind  dollai-s.  No  se- 
curity on  any  bond  shall  be  taken  unless  he  shall  |iay  taxes  on  ]iropei'ty 
tM]ual  in  tli(>  amoiiiil  to  his  liability  on  all  bonds  on  whicli  he  may  be  se- 
curity to  the  city.     ( Ord.  :2l»r>4:i.  amending  M.  <\.  see.  18G8.) 

Sve  finnie   refer«*nce  as  to  prt'ccdln^  section;   jiNo   nntf   hflow. 

See.  1989.  Contlllionst  of  l»on<l. — Said  bond  shall  be  conditioned 
tliat  the  princi|ial  tin  icin  will  faillifully  and  jirojierly  perform  thi>  conlraot 
aerordin;;  lo  all  the  terms  thereof,  and  that  he  will  as  soon  as  the  w<M-k 
contemplated  by  said  contrai-t  shall  have  iM-eii  complete<l.  pay  to  the  jirojier 
parties  all  amounts  due  for  material  and  labor  used  and  employed  in  the 
jiorformance  thereof.  Said  bond  may  Ix'  sued  on  at  tlie  instance  of  any 
material  man.  lnborin<;  man  or  mechanir,  in  the  name  of  the  Chy  of  St. 
I.ouis.  to  the  ii.se  of  such  material  man.  laborini;  man  or  mechanic,  for  any 
breach  of  the  condition  of  said  bond:  ]>rovided  that  no  sm'h  suit  shall  Im> 
insliliiled  after  (he  expii-ation  of  ninety  ilays  from  the  completion  of  the 
contract.     (  M.  ('..  sec.  ISi;".!.) 

The  city  i-nnnot  nue  na  trustee  of  an  expre.-m  trust  for  the  benefit  of  property 
owners,    on    the    bond    of    a    contractor    who    violates    his    contract,    thereby    rom- 


988  i:kvisi-:i)  codk  oi:  Gi;.\iii!AL  ohdinances.  lchap.  -h. 

pcUing  a  reletting  to  another  contractor  at  an  increased  price,  which  the  prop- 
erty owners  are  compelled  to  pay  in  special  tax-bills:  St.  Louis  vs.  Wright  Con- 
tracting Co.    (decided  March.   UiOT.lOl  So.  West.  6.) 

But  under  the  powers  of  the  City  of  St.  Louis  granted  in  the  Ciiarter  and  neces- 
sarily implied  therein,  the  city  has  the  right  to  require  in  the  contract,  and  as  a 
condition  in  the  bond,  that  laborers  and  material  men  shall  be  paid,  and  such 
provi.sions  are  a  proper  and  reasonable  incident  to  the  express  power  to  improve 
the  streets  by  contract  and  to  require  a  bond  of  the  contractor.  And  the  con- 
tract of  improvement  creates  such  a  privity  between  the  city  and  tlie  laborer  or 
material-men  as  entitle  the  latter  to  the  benefits  intended  to  be  afforded  them 
\mder  the  express  conditions  of  the  bond:  St.  Louis  vs.  Von  Phul.  13:i  Mo.  .tGI. 
(overruling  K.  C.  Sewer  P.  Co.  vs.  Thompson,  120  Ho.  21S).  See  note  to  sec.  2S 
of  Art.  VI  of  Charter:  see  provision  of  sec.  27  of  Art.  VI.  As  to  state  law  to  that 
effect  see  R.   S.   1S99.  sec.  6762. 

S('<;.  1990.  Signinjf  and  approval  of  contract. — Every  ton 
tract  enleivd  into  l)y  the  lidaid  nT  jmlilic  iuiprovemeuts  shall  be  signed  l)y 
the  presiilf'iit  of  the  lioard  in  I  In-  name  of  the  City  of  St.  Louis,  and  shall 
then  be  submitted  to  the  city  (•oiiiisclor  for  the  a])pro\al  of  the  form  thereof. 
After  such  api)roval  has  been  received  the  contract  shall  be  submitted  to 
the  council  for  its  ajiproval,  which,  when  oiven,  shall  be  indorsed  thereon; 
it  shall  then  be  recorded,  in  Ihe  office  of  the  jiresident  of  the  board  of  jtublic 
improvements,  and  also  of  the  commissioner  havinij  charge  of  the  work. 
The  original,  after  being  countersigned  by  the  comptroller,  shall  be  depos- 
ited in  tlie  register's  office,  a  duplicate  shall  be  given  to  the  contractor,  and 
copies  thereof  shall  lie  furnished  1i>  the  com]itroller  and  auditor.  (^I.  C, 
sec.  187(1.1 

Ord.  16514.  appearing  herein  as  R.  C,  sec.  270.  requires  all  contracts  of  certain 
kinds,  (including  public  work)  to  contain  certain  conditions  and  terms  concern- 
ing labor,  etc.,  and  provides  for  cancellation  of  contracts  of  contractors  for  vio- 
lations  and    ineligibility    for  other   contracts,   etc. 

Sec.  1991.  Deposit  for  special  tax  work — restoration  of  sur- 
face, etc.  —  Itefore  a  contract  awarded  by  the  Ijoard  of  juiblic  improve- 
ments for  any  work  which  is  to  be  iiaid  for  by  a  special  tax,  is  exetmted.  the 
l)idder,  to  whom  the  award  was  made,  shall  be  r(V|uired  to  pay  into  the  city 
treasury  the  sum  of  two  hundred  dollars,  regardless  of  the  number  of  such 
contracts  which  may  have  been  awarded  to  him.  as  a  special  fund  to  be  used 
by  the  commissioner  under  whose  charge  the  work'is  to  be  done  to  defray 
tiie  expenses  of  necessary  repaii-s  on  the  work,  removal  of  unnecessary  ob- 
structions left  by  the  contractor  along  the  line  of  the  work  or  the  ju-ojjer 
restoration  of  the  surface  of  the  ground  along  the  line  of  the  work  where 
an  c^xcavation  had  been  made,  if  said  contractor  shall  be  liable  under  his 
contract  or  contracts,  and  which  rej>airs.  removal  of  unnecessary  obstruc- 
tions or  restoration  of  the  surface  of  the  ground  said  commissioner  shall  or- 
der made  by  reason  of  a  failure  of  said  contractor  to  make  such  repairs,  re- 
move such  obstructions  or  ivstore  such  surface  of  the  ground  himself  within 
the  time  sjiecified  by  said  commissioner,  i  Ord.  20."i7;l,  amending  ^f.  ('.,  sec. 
1871.) 

This  provision  (then  sec.  1369,  R.  O.  1892)  was  held  valid  in  Allen  vs.  Labsap. 
188  Mo.    692,   703. 

Sec.  1992.  Same— when  a«l«litional  deposit  necessary. — When- 
ever Ihe  whol(>  or  jjart  of  said  two  hundred  dollars  shall  have  betni  exi)endc<l 
for  the  jmrpose  described  in  section  1!»91,  the  pn^sident  of  the  board  of 
public  improvements  shall  notify  said  contractor  to  pay  .so  much  money 
into  the  treasury  as  will  bring  Ihe  fund  again  up  to  two  hundred  dollars; 
and  until  he  shall  have  comjilied  with  said  notice  from  the  president  of  the 
said  board,  no  new  contracts  for  s])ecial  tax  work  shall  be  awarded  him,  nor 
shall  any  sp(>cial  tax  bills  be  deliverd  to  him.     (^I.  C.,  sec.  1872.) 


AI:T.  IX. I  !>[■•  SAI-AltlKS  ANM>   ISO.NUS  OF  M  lO.M  ItKltS  A.\l>   KM  I'M  >  Y  KS,  ggg 

Sec.    199.'>      ( Oiiilit  ions    of    rcdirii    oT    >|>f(-iiil    tax    drposit. — 

\\'li('ii('V('r  sncli  iiiiii  i;i(i(ir  shall  ccasi'  to  he  coiii  racloi-  lor  special  lax  work, 
or  to  !>(■  rcs|ioiisil)lf  iiiuliM-  aii.v  of  liis  coiili'aets  for  rcjiairs  on  special  lax 
work  done  l>_v  liiiii,  the  j)resi(leiii  nT  ilie  hoard  of  imblic  iinproveiiients  sliail 
certilV  this  fact  to  the  auditor,  and,  on  jirescntation  of  such  cerliticate.  the 
auditor  shall  draw  iiis  warrant  on  the  treasurer,  in  favor  of  said  contractor, 
f(U'  the  whole  amount  standinjr  to  liie  credit  of  I  he  special  fund  cr<'aled  l>y 
the  pavineni  of  said  contractor,  in  accordaiu-e  with  tiie  |iro\  isions  of  .sec- 
lions  l!i!M  and  1!)!)!',  and  shall  take  his  recei)it  therefor,  in  full  of  all  claims 
aj:ainsl   the  citv  on  account  of  said  p,i\  iiielils.      i  M.  ('..  sec.   IST.'i.i 

See.  19".I4.  ('out liuls  fof  i^rjuliiiji  :iii(l  icpaiiS"  <<»  !»«•  iiia«U' 
ailiuially.'  The  hoard  of  luililic  imprnxcmeiils  shall,  in  every  \car,  enter 
into  coiiii-act  for  one  year,  liejriiinin;;  oii  the  tirsi  td'  .lul.\,  for  the  jirading, 
constructiu}:,  recoustructin;;  and  repairiiiji  of  sidcw.ilks  and  l"<u-  the  repair- 
inj;  of  stiHvt  and  alley  aiul  gutter  ])avinj;,  and  siu'h  otlier  similar  work  as 
may  l)e  ordered  by  ordinance,  ov  which  nuiy  become  necessary  to  be  done 
liurinjj;  the  year.     (M,  C,  sec.  l.'^Tl.) 

I'nder  ttils  sectlop  the  owner  of  pri.*niisi-s  is  llabto  for  tiis  ijro  rata  of  inter- 
sei-tlngr  stroi'ts  even  tlioush  lie  lilmsi-lf  lia.s  caused  tile  sidewalk  "In  front  of  his 
property"  to  be  reconstructed.  If  lUs  pornUt  does  not  co\  er  .smh  intersections: 
Heman   vs.  McManus.  102  Mo.   .\pp.  C4n. 

See.  ift!)4,i.  Aiinnal  oiiioriroiicy  contra (•<.«'*  I>\  14.  T.  I.  lor  work 
a)>|H>rtaining:  to  sowers — materials -cost.  The  board  of  imblic 
iin|iroveiueiits  is  hereby  authori/.ecl  and  directed  to  let  and  eiiler  into  auninil 
iiiniracts  from  the  lirst  <iay  id'  .hil.\  of  (■\-ery  year  for  emergency  W(U-k  re- 
i|nired  for  the  maintenance  of  sewers,  sewer  inlets,  manholes  ami  apjuu'- 
teuances,  .ind  for  necessary  rejiairs  of  sewers,  sewer  inlets,  manlioles  and 
a|ipurtenances  iciiuiring  prompt  attention. 

The  aforesaid  emergency  work  and  necessary  I'epairs  shall  be  done  witli 
stone,  brick,  coiicri'te,  cement,  iron,  and  other  materials  necessary  for  the 
j>roper  perlorniance  of  such  work  as  aloresaid. 

Tlie  cost  of  such  work  as  aforesaid  shall  be  paid  by  the  fity  of  St.  Louis, 
from  the  funds  annually  apjjropriated  and  set  aside  cuit  of  municipal  reve- 
nue for  "sewers,  salaries,  current  expenses  and  repairs,"  to  co\'er  the  cost 
of  such  work  aforesaid.      lOrd.  -JilIKtL'. » 

.\i;iiri.i:  IX. 

•  ■!■  SAt.Ai:ii:s  ANi>  iioNDS  oi'"  Mi-:.vmi:ijs  of  thk  noAUt)  of  PURLn"  iMrnovK- 
^^^:^■Ts  a\i>  tkfiii  FMri.ovr:."^. 

Sec.  I9'.i.">  I*rosi«I<Mit— salary  an«l  Ixind.— The  president  of  the 
board  of  public  impioveiMenis  shall  receive  a  salaiy  of  five  tiiousaml  dollars 
a  year,  jtayable  monthly,  and  shall  give  a  ijood  and  snflicient  bond  in  the 
sum  of  tweiity-li\e  tliousand  dollai-s,  conditioned  as  the  bond  of  olhei-  city 
officers,  and  to  be  approved  by  the  may<n'  and  council.     (M.  C,  sec.  1S7T.) 

See.  I!t96.  Sliei't  <-oininis>i4Mi(M' — salary  an«l  liond. — The  street 
<omnii.><sioner  shall  receive  a  salary  of  four  thousand  d<dlars  a  year,  payabh? 
nn>nthly,  and  shall  give  a  good  and  snfticient  biuid  in  the  sum  of  twenty 
thousand  dollars,  conditioned  as  the  Ixunl  of  other  city  oflicers,  and  to  be 
ajiproved  by  the  mayor  and  council,  lil.  i'..  sec.  1878.) 

For  employes  of  street  com'r.  nnd  salaries,  see  It.  C.  sees.  194C.  19IS-1952; 
garbuKe   department,   R.   C,   sec.    1205-120T;   City   Forester's  dept..   sees.    1252-12S3. 


L 


UiiO  Ki:vif;i-:i)  codp;  uh  gexkral  okdixa.vcks.  [Chap.  24. 

Sec.  1997.  Sewer  coinniissiouer— salary  antl  bond. — Tht'  sewtr 
foiniiiissionci-  shall  receive  a  salary  of  three  thousand  five  hundred  dollars 
a  year,  payable  monthly,  and  shall  give  a  good  and  sulticieut  bond  in  the 
sum  of  twenty  thousand  dollars,  conditioned  as  the  bond  of  other  city  offi- 
cers, and  to  be  a{>i>ro>ed  by  the  mayor  and  council.     (M.  C,  sec.  1S79.) 

other  employes   and  salaries   see  R.   C,   sees,   IflSG,    2001.    2011. 

Sec.  1998.  Water  coiuiiiissioner — salary  aiul  IkhkI. — The  water 
commissioner  shall  receive  a  salary  of  four  thousand  five  hundred  dollars  a 
year,  payable  monthly,  and  shall  give  a  good  and  sufficient  bond  in  the  sum 
of  twenty  thousand  dollars,  conclitioued  as  the  bond  of  other  city  officers, 
and  to  be  approved  by  the  mayor  aud  council.     (M.  C,  sec.  1880.) 

Salaries  ot  employes  of  Water  Commissioner'.s  Oept.:  R.  C,  sees.  1960,  i;i61, 
2001,   2005   to   2010. 

Sec.    1999.     Harbor    and    ^vharf    commissioner — salary    and 

bond. — The  harbor  and  wharf  coinmissioiicr  shall  receive  a  salary  of  three 
thousand  dollars  a  year,  jiayalde  monthly,  and  shall  give  a  good  and  suffi- 
cient bond  in  the  sum  of  leu  thousand  dollars,  conditioned  as  the  bond  of 
other  citv  officers,  and  to  be  ai)proved  bv  the  mavor  and  council.  (M.  <".. 
sec.  188l'.) 

Salaries  of  Harlior  an.l   Wharf  dept..   sees.   2012  to  2014:    li>n."i:   411. 

Sec.  liOOO.  Park  commissioner — salary  and  bond. — The  i>ark 
commissioner  sliall  receive  a  salary  of  three  thousand  dollars  a  year,  pay- 
able monthly,  and  shall  give  a  good  and  sufficient  bond  in  the  sum  of  ten 
thousand  dollars,  conditioned  as  the  bond  of  other  city  officers,  and  to  be 
apjiroved  by  the  mayor  and  council.     (M.  C,  sec.  1882.) 

Kinployes  of  Park  Com'r..  sees.  1970-197.3;  salaries  ot  employes.  R.  C,  sees. 
2001.  2015  to  2017.  Ordinanees  about  parks  see  R.  C..  sees.  2018-2035.  Chart.. 
Art.   vni. 

Sec.  2O01.  Salaries  and  bonds  of  assistant  to  sewer  commis- 
sioner, assistant  to  water  commissioner,  chief  mechanical  en- 
jjineer  to  water  department  and  park  superintendent. — For  the 

l)uriiose  of  continuing  the  offices  of  assistant  to  sewer  commissioner,  as- 
sistant to  water  commissioner,  chief  mechanical  engineer  water  de- 
partment and  park  siiiierintendeat,  aud  ju-eserviug  the  status  of  the 
persons  at  present  holding  said  ]iositi()iis  and  of  preserving  the 
ordinance  regulations  at  ])re.sent  existing  with  respect  to  the  salaries,  duties 
and  bonds  of  said  officers,  said  officers  and  employes  shall  receive  the  fol- 
lowing compensation  and  shall  each  file  the  following  bonds,  to  wit:  As- 
sistant to  sewer  commissioner,  twenty-five  hundred  dollars  per  annum,  and 
shall  give  a  good  and  sufficient  bond,  to  be  approved  by  the  mayor  and  coun- 
cil, in  the  sum  of  five  tliousand  dollars;  assistant  to  water  commissioner, 
twenty-five  hundred  dollars  ]ier  annum,  and  shall  give  a  good  and  sufficient 
bond,  to  be  ajiproved  by  the  mayor  and  council,  in  the  sum  of  five  thousaixl 
dollars;  chief  mecliaiiical  engineer,  water  department,  i  weuty-five  hundred 
dollars  per  annum,  and  shall  file  a  good  and  sufficient  bond,  to  be  approved 
by  the  mayor  and  council,  in  the  sum  of  five  thousand  dollars;  park  super 
intendcnt,  eighteen  hundred  dollars  per  annum,  and  shall  give  a  good  and 
sufficient  bond,  to  be  approved  by  the  mayor  and  council,  in  the  sum  of 
twenty-five  hundred  dollars. 

The  above  salaries  shall  tic  ii;iiil  moiillih.      iOrd.  2l.'004.  amendin;:  ord. 

2128:?.  1 

See    note    to    sec.    200.'i. 


AitT  IX.  1        or  s.\i.Ai;ii:s  and  isdNiis  ok  .mk.mukus  a.ni>  i:.mi'i.<>yi:s.  u'ii 

Sic.  l.*()()2.  M<»i><«'  anil  l»iij4;j;\  of  park  sii|>t>riiitt>ii«l«>iit. — Tli< 
jiark  sii|iiTiiilcii(lciil  sIimII  Ik-  it-ipiiictl  lo  furnish  his  own  cdnvcN  ;uicc.  con 
sistiri;;  of  horse  :in(l  hn;;;.^.  Iiul  Ihc  cost  of  snlpsisicni-c  and  niainlciiancc 
thereof,  not  to  cxcchmI  the  sum  of  iwcniv  dnllni's  |rcr  iiioiiih.  shall  tic  paid 
bv  the  citv.     (  M.  C,  see.  18S4.) 

S. .     joo:;       Salafios  and    bonds  of   «'l(*rks   an<l    «'ni|»loy«'s   of 

president  of  (lie  hoard.  'I'hc  sahiries  and  honds  of  rni|du\(-s  in  liie 
oflie<'  of  i)residenl  id'  the  Ixiard  of  i)iil>lic  ini|>rovenients  sliall  he  as  fidlows: 
The  clerks  in  said  office  shall  he  divided  into  three  classes,  and  their  salaries 
shall  he  as  follows:  Clerks  of  the  first  class,  not  to  exceed  iwn  in  nnndier. 
at  the  rale  of  lifteen  hnndred  ihdiars  jier  annum  each,  who  shall  f;ive  bond 
in  the  sum  i>(  twenlv  live  lnindr(>d  dollars  each;  clerks  of  the  second  class, 
not  to  exceed  live  in  nnnihei'.  al  tht>  rale  of  twelve  hundred  dollars  [ler  an 
mini  each,  who  shall  j^ive  bond  in  the  sum  of  twent\  live  hiimlred  dcdiars 
each;  and  clerks  of  the  third  class,  not  to  exceed  li\'e  in  nuinber.  al  the  lale 
of  nine  hundred  and  sixty  ilollars  jter  aiiiium  each,  who  shall  <;ive  bond  in 
the  sum  of  eijjliteeii  liundred  dollars  each;  one  draufihlsman.  at  the  rate  of 
twelve  hundred  dollars  jier  annum,  and  shall  jiive  bond  in  the  sum  of  twen- 
ty-live hundred  dollars.  Said  aii|Miinl  ineiils  shall  be  maile  subject  to  the 
apjiroval  of  the  inayoi'.  The  salaries  of  the  above  named  officers  shall  be 
payable  monlhly,  aiitl  their  bonds  shall  be  a]>pro\cd  by  the  mayor  and  coun- 
cil.    (  .M.  ('.,  sec.  ISS.").) 

See.  21)04.  Salaries  of  otiier  4'niiilo>es  of  presi(l<>iit  of 
llu'  hoard.- The  comiiensaticui  lor  .services  ol  oilier  help  shall  be;  as  fol 
lows:  (jvil  en;;ineers  at  the  rale  of  tive  dollars  per  day;  surveyors  at  the 
rale  of  four  dollars  |ier  day;  tield  hands  at  iIh>  rate  of  two  dollars  and  fifty 
cents  per  day;  draiiuhlsnien  of  the  second  class  at  tlii'  rate  of  seventy  live 
ihdlars  per  month;  and  of  the  tliiril  class  at  the  rate  of  tifly  doll.-irs  |ier 
iiionth.  The  help  iierein  named  shall  be  ein|iloyed  teiiipcu-aril.v-.  and  only  for 
work  ordered  by  the  board  of  health,  or  other  work  not  specially  belonniii}; 
to  the  ilepartmeiit  of  aii.v  commissioner;  and.  provided  thai  the  diffcreiii 
conimissioiKMs.  on  application  to  tlit>  iiresiih-nt.  shall  have  declared  their 
inability  to  have  the  nei-essary  surveys  made,  and  drawiii<;s  and  estiniati-s 
prepared  \>\   the  force  in  their  employ.      (  .M.  t '..  sec.  1S,S(J.  | 

Knr  furthiT  employes  of  Pro.s.  of  II.   P.   I.  ami  snlnrli-.**.  bosifl**s  thoso  niitliorii^ril 
In   tlil.s  nrllcle.  sec  Art.  II,  sees.   I9.".9   to   \!H?,   Iinhi.>i|vt'. 

Sie.  200.5.     Salaries  of  <>niplo>es  in  \val«'r  eoniniissioner's  of- 

lli'e. — The  several  employes  in  Ihe  deparimeiit  of  ihe  waler  commissioner 
(commissioner's  office i  shall  receive  monthly  roiii|iensation  as  follows:  One 
sern^tary,  one  hundred  and  seventy-live  dollars;  one  chief  clerk  and  book- 
keeper, one  linnilred  and  tifty  dollars;  one  sleiio;,'ra|ilier  and  typewriter, 
seventy  live  dollars;  one  clerk  at  seventy-live  dollars;  one  jaiiili>r.  sixty  dol- 
lars.    (Old.  2IS.*».s,  sec.  1,  amending  M.  C.  .sec.  IS.ST.) 

RoslilfS    ppiploycs    and    salaries   mentioned    In    this   article    si'C    others.    In    sies. 
1»S0.    1961.    19.i».  2001. 

Sec.  200f).     Salaries  of  employes  in  distriltntion  system. — The 

.several  employes  in  Ihe  department  of  ihe  water  coiniiiissionei'.  distribution 
system,  .<»hall  receive  monthly  eonii)ensation  as  follows:  One  enjjine<'r  in 
charpe.  two  hundred  floll.-irs;  one  first  assistant  iMi;rineer.  one  Inindred  an<1 
fifty  dollars;  one  second  assistant  eii.L'ineer.  one  hundred  and  twenty-five 
rlollars;  one  chief  <lr:iftsman.  one  hundred  and   i\\eiii\  live  dollars;  one  as 


91)2  i:i:visEi)  code  or;  ghneral  ordinances.  [chap.  24. 

siistaut  (irat'tsniaii.  imc  limidred  dollars;  two  steno^rajilicrs  aud  typewriters, 
scvfiity-tive  dollars  tsuli :  one  foundi-y  inspector,  ninety  dollars;  three  pipe 
layinji  insjitntors.  ninety  dollars  each;  one  field  hand,  sixty  dollars;  one 
I'orenian.  oni'  Imndred  and  Twentytive  dollars;  three  assistant  foremen, 
ninety  dollars  each;  lour  assistant  foremen,  eighty-five  dollars  each;  one 
bookkeeper,  one  hnndred  dollars;  one  assistant  bo()kkeeper.  eighty-five  dol- 
lars; one  station  bookkeeper,  ninety  dollars;  one  station  bookkeeper,  seventy- 
five  dollars;  three  station  bookkeei)ers,  sixty-five  dollars  each;  one  machinist, 
seventy-five  dollai-s;  one  blacksmith,  seventy-five  dollars;  twenty-five  section 
men,  seventy  dollars  each;  ten  first-class  laborers,  seventy  dollars  each;  thir- 
ty .second-class  laboi-ers.  two  dollars  and  twenty-five  cents  j)er  day  each; 
ten  drivers,  fifty-five  dollars  each;  fonr  telephone  men.  sixty  dollars  each; 
fifteen  watchmen,  fifty  five  dollars  each;  two  stable  men.  sixty-tive  dollars 
each;  four  stable  heljiers,  fifty  dollars  each.  [Jb..  sec.  2,  amending  M.  C, 
sec.  1888.) 

Sec.  2007.     Salaries  of  eniployos  in  meter  and  tap  department. 

— The  several  employes  in  the  de])artmenr  of  the  water  commissioner,  meter 
and  tap  department,  shall  receive  monthly  compensation  as  follows:  One 
superintendent,  one  hundred  and  twenty-five  dollars;  one  tapper,  one  hun- 
dred dollars;  one  tapper,  seventy-five  dollars;  two  tappers'  helpers,  sixty 
dollars  each;  tliree  meter  lielpers,  sixty-five  dollars  each;  tliree  meter  help- 
ers, fifty-five  dollars  each;  one  clerk,  eighty  five  dollars.  1  Ih..  sec.  ^.^,  amend- 
ing M.  C.,  sec.  188!l.  1 

Sec.  200s.     Salaries  of  employes  in  inspection  ilepartment. — 

The  several  employes  in  the  department  of  the  water  commissioner,  inspec- 
tion department,  shall  receive  monthly  compensation  as  follows:  One  su- 
])erintendent  of  sn]i]ily  inspectors,  one  hundred  dollars;  twenty-five  inspect- 
ors, sixty-five  dollais  each.     (//>..  sec.  4.  amending  .M.  C  .sec.  18110.) 

Sec.  2009.  Salaries  of  employes  in  supply  and  pnrifyins"  di- 
vision.— The  se\-eral  employes  in  the  de])artment  of  water  commissioner, 
siipjdy  and  ]iurirying  division,  shall  receive  monthly  comj)ensation  as  fol- 
lows: One  eugineei-  in  charge,  two  hnndred  dollars;  one  assistant  engineer. 
on<»  hundred  ami  sixty-five  dollars;  one  assistant  engineer,  one  hundred  and 
tifty  dollars;  one  chief  draftsman,  one  hundred  and  fifty  dollars;  one  drafts- 
Uian,  second  class,  one  hundred  and  twenty-five  dollars;  one  draftsman, 
fiiird  class,  one  hundred  dollars;  two  inspectors,  ninety  dollars  each;  two 
^)dmen.  sixty-five  dollars  each;  two  field  hands,  sixty  dollars  each;  two 
slenogra])liers.  seventy-five  dollars  each;  one  chief  clerk,  on(>  hundred  and 
twenty-five  doll;ns;  out'  clerk,  seventy-five  dollars;  one  janitor,  sixty  dol- 
lars; two  forenien.  ninety  dollars  each;  five  foremen,  seventy-five  dollars 
«>ach;  nine  gatekeeiiers.  sixty  dollars  each;  three  gatekeepers,  fifty  dollars 
eacli;  nine  watchmen,  fifty-five  dollars  each;  one  timekeeper,  seventy-five 
dollars;  one  gardener,  one  hundred  dollars;  four  assistant  gardeners,  sev- 
enty-five dollars  each  ;  oue  chemist,  two  Imndred  dollars:  one  assistant  chem- 
ist, one  hundred  dollars;  one  messenger,  sixty  dollars;  one  (>lectrician.  one 
hundred  and  twenty-five  dollars;  tliree  mofcu-men.  sixty  dollars  each;  three 
conductors,  sixty  (lollars  each;  two  linemen,  eighty-five  dollars  eadi ;  one 
locomotive  eiigineei'.  three  and  eighty  hundredths  dollars  per  day  each;  one 
lireman,  two  and  t wenty-hundredths  dollars  per  day;  <uie  switchman,  two 
and  eiglity-hundredllis  dollars  per  day;  one  foreman  for  switching  crews, 
three  and  six  hundredths  dollars  ])er  day;  one  tower  watchman,  seventy- 
five  dollars;  two  lower  watchmen,  sixty  dollars  each.  (75.,  sec.  5,  amending 
M.  ('.,  sec.  ISOl.i 


.\i;t    i.\.  I  s.\i..\i:ii:s  a.nm>  i:t)M>s  ok  ii.  !•.  i.  ani>  iomi-loyks.  ;H);t 

See.  L'OIO.  Saliiiit's  of  (>iiii>lo,vi>.s  in  liiyli  jnul  low  s('i\  ico  «'ii- 
frines  depart iiHMit. — The  sevi-ral  eniplovos  in  tlio  tiepartiiuMit  of  water 
coiiiinissiKiier.  lii^li  aiui  low  service  eii;riiies.  sliali  receive  iiiontiilv  coiiiiieii- 
satioii  as  follows:  Kirst--< 'oiisiriicl  ion  (i('|>artnient :  One  uieclianical  en 
}jineer  in  cliar;;t'.  I  wo  InuKlreil  dollais;  one  lirsl  assistani  en;iincer.  oix'  linn- 
ilred  anil  lifly  dollars:  one  second  ussislant  engineer,  one  hundred  and  I  wen 
t\  ti\('  d(dlars;  one  drallsnian.  one  linndred  dollars;  oiu'  inspecloi'.  one  linn 
<lred  dollars.  Second — Operatinj;  dcpari  nient  ;  (A)  I.ow  service  stalion. 
Chain  of  l{ocks:  One  enjjineer  in  cliai-t;e.  one  hundred  and  seveiit\ -live  dol- 
lars; eif;ht  assistant  en<;ineers,  one  hundred  and  lifteen  dollars  each;  eif;hl 
oilers,  seventy  dollars  each;  fourteeu  lirenien,  seventy  dollars  each;  four- 
te«»n  coal  passers,  sixty  dollars  each;  one  foreman  of  niacliin(>  shoj),  ninety- 
live  dollars;  two  lirsl  class  machinists,  eij^hty  live  dollai's  each;  three  second- 
I'lass  machinists.  .se\'enty  ti\('  dollars  each;  two  machine  shop  helpers,  sixty 
dollai's  each;  one  lilacksmith.  sevenl.v -li^c  dollars;  one  Macksniilli's  helper, 
sixty  dollars;  one  foreman,  holier  room,  se\cni\  li\c  dollars;  six  screen  keep 
ers,  sixty  dollars  each;  one  storekeeper,  sixty-live  'dollai's;  two 
janitors,  lifty-tive  dollai-s  each;  one  clerk.  seveiity-tive  dollars. 
tH)  llif,'h  service  station  numher  three:  ( )ne  enjiineer  in  char<;e, 
one  hundred  ami  seventy-live  dollars:  cit;lii  assistant  en<;ineei's,  one 
hundi'ed  and  lifteen  dollars  each;  sixteen  oileis,  s('venty  dollars  each;  six- 
tiH'u  tiri'iuen,  seventy  dollars  each;  sixteen  coal  ]iassers.  sixty  dollars  each; 
one  foremati.  machine  shop,  ninety-tive  didlars;  two  lirst-class  machinists, 
eiglitylive  dollars  each;  four  second  class  machinists,  seventy-live  dollars 
each;  one  biacksinith.  ninety  dollar.s;  one  hlaeksniith's  helper,  sixty-five  dol- 
lai's; two  machine  shop  helpers,  sixty  dollars  eai'h;two  engineer's  hel])ers, 
sixty-live  (h>llars  each;  one  forenum  of  holler  room,  seventy  live  dollars;  two 
janitors.  Iifly-li\-e  dollars  each  ;  three  dynamo  tenders,  sixty-live  dollars  each  ; 
one  clerk,  seventy  live  dollars;  one  storekeeper,  seventy  dollars;  one  jiatlern- 
maker,  one  hundred  dollars.  (Cl  IIif;h  service  stations  nuuihcrs  one  and 
two:  One  en;;ineer  in  charfje.  one  liundri'd  and  sevenly-ti\e  dollars;  ei};ht 
assistant  eny;iiuH*rs.  one  linndred  and  fifteen  dollars  each;  twelve  oilers, 
.seventy  dollai-s  ea<'li ;  sixteen  lirenien.  seventy  d(dlars  each;  sixteen  coal 
passers,  sixty  didlars  each;  one  foreman  of  machine  slioj),  ninety-live  dol 
lars;  three  lirsl  class  mai-hinists,  ei;rlity  li\c  dollars  each;  two  second  class 
machinists,  seventy-live  dollars  each;  one  lilacksmith.  seventy  live  dollars; 
one  hlaeksniith's  helper,  sixty-live  dollars:  one  hoilermaker.  ei<;hly  live  dol 
lai's ;  one  hoilermaker's  helper,  sixty-live  dollars;  two  eiijiineers'  heljiers. 
sixty-tive  dollars  eacli ;  two  niacliinists'  helpers,  sixty  ihillars  each;  one  fore- 
man of  lioiler  rooms,  seventy-live  dollai-s;  one  clerk,  seventy-live  dollars;  one 
storekeepi'i-.  seventy-live  dollars;  three  janitors,  lifty-live  dollars  each.  (//(., 
sec.  (1.  aniendin<:  .M.  ('.,  sec.  1S!I12.  i 

Ord.   2188S  iilao   rcpcala  M.  C,  sees.   1893.    1S94.  and  ordlniim;fH   t  1223   mid    21.i22. 
For  otlipr  ."Hlarl-'s  of  water  dopt.   soe  note   to  sec.   2005. 

See.  JOl  1  Salaiics  anil  l>(>iiti>  1*1  «-iiii»l<»,v<'s  ill  .s«'\v«'r  «l»'pail- 
iiu'iit  not  <»(li«'r\vis«'  Hxe<l. --'I"he  salaries  of  persons  employed  in  the 
si'wer  department.  who.-<e  compensation  has  not  heretofore  iK'en  fixed,  and 
their  ImiihIs,  shall  lie  as  follows:  One  civil  enjjiiieer.  one  hundred  and  seven- 
ty live  dollars  fK-r  month,  who  shall  ^ive  bond  in  tlie  sum  of  three  thousand 
dollars:  one  .secretary,  one  humired  ami  lifly  dollars  per  month,  who  shall 
give  lioiid  in  the  sum  of  two  thousand  dollars:  three  assistant  civil  en- 
pini^'fs.  niie  hundred  and  twenty  live  dollars  per  month  each,  and  each  shall 
give  bond  in  the  sum  of  two  thousand  dollars;  one  draftsman,  one  hundred 
and  twenty-live  ihdlars  |K>r  month,  who  shall  give  bond  in  the  sum  of  two 
thousand   dollars;   two  assistant   draftsmen,  eighty-five  dollars   per   month 


<Ji)-4  RKVISEI)  COUE  OR  GENERAL  ORDINANCES.  ICHAP.    24. 

eatli :  one  iicriiiit  clerk,  out-  Imiulii-d  and  t wentv-tivf  dollars  \tcv  month,  who 
shall  j;i\e  bond  in  tlic  sum  of  two  tlioiisand  dollars;  one  clerk,  one  hundred 
dollars  jier  month,  who  shall  j^ive  bond  iu  the  sum  of  one  thousand  dollars: 
one  steuograi)her,  seventy-tivc  dollars  per  month;  one  clerk,  sixty  dollars  per 
month ;  one  superintendent  of  sewer  cleaning,  one  hundred  twenty-five  dol- 
lars i)er  month,  who  shall  give  liond  in  the  sum  of  two  thousand  dollars; 
tliiee  overseers  of  sewer  cleaning,  seventy-five  dollais  jier  month  each;  in- 
spectors, not  exceeding  thirty,  eighty-five  dollars  jier  month  each;  three  rod- 
men,  sixly  dollars  per  month  each;  tlii-ee  field  hands,  fifty  dollars  ])er  month 
each,  and  twenty  sewer  cleaners,  sixty-five  dollars  jier  month  each.  All  of 
said  .salai-ies  shall  be  jiavablc  monthlv.  (Ord.  I'lC.Kl.  amending  ordinances 
2f4L'4  and  l*(l(;(iS.) 

.-^ee  R.  C..'\9^:i-l',i'>6:  2001.   19(17.      Tlie  above  section    (2011)    wa.s  again  amemli-d 
b.v  oi-diiiaiiee  2:!132,  approved  July   l.'j,  UI07,  after  the  Revised  Code  was  enacted. 

Sci'.  i*0f2.  Employes  in  harbor  and  wharf  «U'i>artnu'nt — sal- 
aries antl  honds. — The  harbor  and  wharf  commissioner  is  hereby  authoi- 
ized  and  em])owered  to  apjioint  the  following  officei-s.  with  the  consent  and 
apjiroval  of  the  mayor,  towit:  A  chief  clerk,  whose  salary  shall  be  sixtwn 
hundred  dollars  jjer  annum  and  who  shall  give  bond  to  the  City  of  8t.  Louis 
in  the  sum  of  two  thousand  dollars;  one  i-ivil  eiioiiieer.  whose  salary  shall 
be  two  thousand  dollars  i)er  annum,  and  who  shall  gi\c  bond  to  the  City  of 
St.  Louis  in  the  sum  of  live  thousand  <lollars;  one  clerk  for  the  levee  office, 
who.se  salary  shall  l)e  twelve  hundred  dollars  jier  annum,  and  who  shall 
give  bond  to  the  City  of  St.  Louis  in  the  sum  of  two  thousand  dollars.  The 
salaries  of  the  above-named  officers  shall  be  payable  monthly,  and  theii- 
bonds  shall  be  given  with  two  or  more  good  and  sufficient  securities,  hold- 
ers of  iiniiicuinl)ered  i-eal  (^state  in  the  City  of  St.  Louis,  to  be  api)roved  by 
the  mayor  and  council.  The  harbor  and  wharf  commissioner  may  also  aji- 
point  a  messenger  at  the  levee  office,  whose  salary  shall  be  one  dollar  and 
.seventy-five  cents  per  dav.  (Ovd.  --H'Ai.  amending  ord.  21211,  M.  C,  sec. 
1896.)' 

For   other  employes   and    their   salaries   see   sees.    411,    18B.").    2014.     Commission- 
er's salary,   sec.   1999. 

Sec.  2018.     Employes  for  harbor  an<l  wharf-boat.^ — For  the  pur 

])0.se  of  operating  the  harbor  boat  in  cleaning  the  levee  and  removing  wrecks 
and  other  obstructions  from  the  harbor,  and  for  keeping  .said  boat  ready  to 
assist  the  fire  department  in  case  of  fire  at  or  near  the  levee,  the  harbor 
and  wharf  commissioner  is  hereby  authorized  and  emjiowered,  with  the  ap- 
jn'oval  of  the  mayor,  to  ap])oint  the  following  officers  for  said  boat,  to-wit: 
One  captain,  one  i)ilot,  one  mate,  one  night  watchman,  one  engineer,  one  as- 
sistant engineer,  and  two  firemen;  all  of  the  above  officers  to  have  govern- 
ment licen.ses,  excejjfing  the  night  watchman  and  two  firemen.  (lb.,  ih.. 
amending  M.  ('.,  sec.  1S!)7. 1 

Sec.  2014.  Same — salaries.  — The  compensation  of  said  officers  shall 
be  as  follows:  The  captain,  one  hundred  dollars  ]n'v  month  ;  the  ])ilot.  ninety 
dollars  per  month;  the  mate,  sixty  dollars  per  month;  the  night  watchman, 
fifty-five  dollars  jier  month;  assistant  engineer,  seventy  dollai's  ]»er  monfii; 
the  two  firemen,  sixty  dollars  per  niontli  eacli.  illi..  ih..  aniciiding  .M.  C. 
sec.  18I)S.) 

Sec.  201.5.  Park  commissioner  employes  anil  salaries — The 
park  commissioner  may  appoint,  with  the  ajiproval  ol  ilic  mayor,  a  chief 
clerk  at   a   salary  of  fifteen   hnndi-ed   dollars  per  aninuii.  .lud   an   assistant 


CHAP.    L'r.)  OF    ITHI.h-    I'AKKS.  «)<la 

clerk.  \v))(i  shall  also  act  as  ovj-i-soiT.  ai  a  salary  dC  iiiiic  limnliril  ilnllais  pel- 
aiiiiniii.  tn  Im'  jiaid  in  iiionthlv  iiislalliiiciils.     ( .M.  ("..  scr.  ISii'.t.  i 

Sf.'   rtxt    n.it.-. 

Sic.  2016.     Kt't'iHTs  of  piirks   and    |>ul»ru'    pliU-t's— saliiri«'s 

He  iiiav  also  appoint,  with  the  aiiptoval  of  the  iiiavor,  keepefs  (if  tlie  t'oilow- 
in<;  iianieil  parks,  who.se  salaries  shall  he  paid  out  oT  the  I'uinls  as  s<'l  apai-l 
for  sai(I"iiafks  r<'speclivel\ .  ami  whirh  shall  Ix'  «s  follows,  lo-wil  :  Keeper  oC 
Forest  Park,  .seveutv-tivi*  dollars  \n-v  nioiith:  keeper  of  Lafayette  Park, 
.seveiitytive  dollars  pi-r  iiioiith:  keejier  of  I'aroiidelel  Park,  sixl.v  live  dollars 
|H'r  iiuiiilh;  keepi-r  of  (t'Fallou  Park,  si.xlylive  dollars  jier  month;  keeper 
of  Hyde  Park,  sixty-live  dollars  per  month;  keei>er  of  P.entoii  Park,  sixty- 
live  (jollars  ]mt  month;  ki-eper  of  St.  ]>onis  Place  Niimher  One.  sixty  dollars 
per  inonth;  ke<'|ier  of  St.  I.,onis  Place  Nnmher  Two,  sixty  dollars  pov  month  : 
keeper  of  St.  l.onis  I'lace  Nnmher  Three  and  h'onr.  sixl\  dollars  |)er  month; 
keeper  of  Carr  Stpiare.  sixty  dtdlars  ])er  monlli;  kee|ier  of  Laclede  Park, 
sixty  dollars  per  month;  keejier  of  Lyon  l*ark.  sixty  dollars  ]ier  nmnlh: 
keeper  of  .lackson  Place,  lifiy  dollars  ]ier  inonth;  keejier  of  Soulh  St.  Louis 
S(|nare.  fifty  dollars  per  inonth;  keeper  of  (Jravois  Park,  forty  lixc  dollars 
(ler  month;  keeper  (d'  Washington  S(|nare.  sixly-ti\c  dollars  per  monlli; 
keeper  of  (Jandile  Place,  fifty  doll.irs  per  monlli.  i<>t-i1.  l'L'^ITT.  amendinir 
l.'(is.{t;.  amendin<;  .M.  ('.,  sec.  U»0(t. ) 

As  t*>  park  fmployes  and  superintvnilonts.  etc..  see  R.  C,  sees.  1970-1973;  also 
sec.  2001.  As  to  provisions  respecting  public  parks  see  R.  C.  sees.  2018,  el  seq. 
As  to  ntlior  ii:o-ks.  .■in. I  otii.r  sit-s  li.inp  mud.'  iiark.s.  sr.'  notr  to  Cliaiitor  ITi   infin. 

Sec.  2017.  l*ark  «-4>iiiinissioii«'r — odu'r  appoiiitiiicnts  to  Ik' 
made  by. — The  park  commissioner  shall  have  anlhoriiy,  with  ajijiroval  of- 
the  mayor,  to  employ  from  lime  to  time  such  enoineers.  dranulitsmen  ami 
clerks  and  with  the  apjiroval  of  the  picsidenr  of  the  ho.-ird  of  piihlic  iin|H'o\e 
meiils.  snch  overseers,  foremen,  laborers,  rodmen.  first  class  gardeners,  sec- 
ond-class jianleners.  larpeniers,  machinists,  field  hands,  lalxn-ers  ;iiid  hoys 
as  may  Im-  ahsolutely  necessary  and  within  the  a]i]iro]>riaf ions  for  each  jiark. 
whose  salaries  shall  he  as  follows,  to-vvit  :  <'i\il  eiijiineers,  one  hiindred  <iol- 
lars  |M-r  monlli;  draughtsmen,  lirst-class.  one  hundred  dollars  ])ei-  monlli: 
draiijihtsineii.  .second class,  ei-ihty  doll:irs  per  month;  rodmen.  sixty  dollars 
|K'r  monlli  ;  overseers,  three  dollars  per  day;  foremen  of  lahorers,  two  dollars 
per  day;  first  class  ".Mrdeners,  two  dollars  per  da.\  ;  second  class  jrardeners. 
one  didlar  and  se\»'iil_\  live  cents  per  day;  car|ienlers.  three  dollai's  ])er  tlay  ; 
machinists,  three  dollars  jM'r  day;  field  hands,  two  dollars  |)er  day;  lahor- 
ers. one  dollar  and  M\\  cents  per  day;  ho\s.  one  dollar  jier  day.  (  M.  (.'., 
.sec.    I!t(ll., 


CHAPTHK   2.=;. 

•  >K   ITIII.K'    I'AUK.S.* 

•.\s  to  tin-  (hnrlrr  i«««riT«  of  thv  rlty  In  kiiktiiI  ronciriilnif  imrk.u  anil  piok 
romml.iKloner.  nee  Chnrter.  .\rt.  VIII.  Hern.  1-6.  and  notes  thereto.  See  al.io  Art. 
III.  s' I'  L'l"..  rlaime  .1;  ArL  IV.  sec.  39.  State  ex  rcl.  vs.  Seliwelckardt.  109  Mo.  490. 
V'nr  orillnanmi  .DneirnlnK  same  se.-  I{«  v.  Code.  sees.  1970-197."i.  2001.  201.5-L'IP|  7. 
201S-;;U35.  The  Biinira  of  Ihr  inrloua  pnrkH  ar<'  •■niinwrated  In  section  L>ni6.  ex- 
cept Tower  tirov-'.  ("arniMtle  Pla<-"'.  V<atinan  Siiuare.  Dakota  Park.  Page  Avenio- 
riac- .  Ros.  Mill  Place.  Mndell  H.H1I.  Triangle.  Forest  Park  rtoul.  See  f..i-  park 
rniplii>r«  nad  anlnrlrH,  se4-s.    «ai  ."i- :.>(ll  7.   ;j<UMI-:;002.      Ah  to   prnlilliillou   of  nnlonnM.  !•> 


9!)C  ui;\'i.si:i>  coi>K  ui:  GKNuiiAL  ORUixAiNCEd.  [chap.  25. 

ordinance,  within  4(10  foot  of  Lafayt-tte.  Tower  Grove.  OFallon.  Carondelet  and 
Forest  Parks,  see  Uev.  Code.  sec.  2ir)7.  and  note  thereto  appended;  and  as  to  pro- 
hibition of  certain  oNtaildlHhnit-nts  within  a  mile  and  a  nuarter  of  Tower  Grove 
Park  see  Session  Acts  1871.  p.  189.  sec.  1  ("Laws  Specially  Api)licable  to  St.  Louis" 
p.  173.  sec.  426.)      And  as  to  outtie,  see  K.  C.  see.  2023. 

Towrr  Grove  is  excepted  by  charter  from  the  City  Park  Department  and 
stands  upon  a  special  basis,  having  been  donated  on  certain  conditions,  to  the 
city,  by  Henry  Shaw,  and  was  created  and  is  governed  in  pursuance  of  certain 
statutory  provisions  (see  Laws  Mo.  1S67.  pp.  172-175,  Laws  1872,  p.  469,  Laws 
1871,  p.  189,  all  of  which  are  herein  specifically  set  out  under  "Laws  Specially 
Applicable  to  St.  Louis."  pages  170-173.  being  Chap.  23.  sees.  100-426.)  Miiotouri 
llotnnienl  Giirilen  also  stands  upon  a  special  basis  (Shaw  will)  and  is  not  under 
the  care  of  the  Park  Department. 

Lnfnyette  I'nrli  is  affected  by  Session  Laws  1863-4.  p.  467;  Laws  1868.  p.  293; 
ordinance  1197;:   (see  also  ord.  2917,  3070,  3847,  4164,  4471.  4490  and  7341). 

Forest  l':irl%,  see  acts  1S72.  pp.  2ri.5-2r)9  (held  void  in  State  ex  rel.  vs.  Lef- 
lingwell.  51  Mo.  4.'>S);  act  of  March  2.5,  1874  (the  latter  held  valid  in  Co.  Ct.  vs. 
Qriswold.  58  Mo.  175).  but  "repealed"  in  Charter.  Art.  VIII.  sec.  6;  see  State  ex 
rel.  vs.  Schweickardt.   109  Mo.   496. 

0*Fnllon  l*:irlc:  See  Charter.  Art.  A'lII.  sec.  5  (old  bonds):  and  /}.  sec.  6, 
"repealing"   acts   of  March    25,   1874. 

Cnrondelet  I*arl<.  act  of  Feb.  25,  1874,  "repealed"  by  Charter.  Art.  \'I1I.  sec.  6. 
(For  new  site  or  ]3rolongation  of  this  park  see  ord.   22938.) 

I,ini]rll  lloiilevard  TrInuKle  (by  ordinance  18573,  according  tr>  the  provisions  of 
ord.  1S276.  and  bounded  west  by  Vandeventer  ave.)  is  made  a  park  (Mun.  C,  sec. 
1902) ;  and  so  of 

F'orest  Furli  HiMilcvaril  (JMun.  Code.  sec.  1903)  the  central  fifty  feet  ther*»of 
from  Boyle  to  Kingshighway.  These  two  sections  appear  in  the  Mun.  Code,  but 
are  not  carried  into  this  revision  because  they  are  as  much  special  ordinances 
as  those  creating  the  other  parks,  none  of  which  have  ever  appeared  in  the  re- 
A'ision  of  the  general   ordinances. 

Small  Parli  sitesi  Authority  given  to  Public  Baths  Commission  and  Park  Com- 
missioner to  recommend  sanie.  see  ord.  22541.  approved  July  13.  1906;  and  to  the 
Mayor,  Comptroller  and  Park  Commissioner,  subject  to  approval  of  ways  and 
means  committees  of  assembly,  see  ord.  22754.  app.  Feb.  5.  1907;  park  site  at 
Dover  and  Broadwaj'.  see,  ord.  22937;  at  Kansas  street  and  prolongation  of  Car- 
ondelet park:  ortl.  2293S;  site  on  tract  bounded  b.v  Penrose  street.  Bircher  street. 
Euclid  ave.  and  Calvary  ave.:  ord.   22971. 

Conipton  Hill  IleNer^*»ir  Parli  is  under  charge  of  the  water  department. 

Sec.  201S.  Park  rofyulatioiis— what  prohibited. — No  person 
shall  break,  (.-ut,  iiiutilatc,  injure,  ivniovc  or  carry  away  any  tree,  shrub, 
(liant,  flower,  stone  or  stonework,  beneh,  chair,  seat,  bower,  stand,  structure, 
fence  or  property,  or  thing  whatsoever,  in,  upon  or  near  an.\  ])ark,  square 
or  place  in  this  city,  or  any  street,  avenue  or  highway  around  the  same; 
nor  molest  any  birds,  bird's  nests,  or  any  tisli  or  animal  or  aiiylliing  belong- 
ing to  or  kept  therein,  or  ])aste  oi-  ;ifflx  or  inscribe  any  handbill,  poster, 
card,  device  or  inscription  to  or  upon  or  against  any  fence,  sti'ucture  or 
property  of,  or  on  such  jiark,  ])lace  or  stjuare,  or  liigliway  surrounding  the 
same,  or  disfigure  any  sward,  gravel,  sand,  turf  or  earth,  or  any  tree,  fence  or 
structure  therein  or  adjacent  thereto,  or  fasten  or  hitch  any  animal  to  any 
tree,  fence  or  structure  in,  around  or  ujion  the  same,  or  the  streets  or  ave- 
nues surrounding  the  same,  or  ride  or  drive  any  animal  or  vehicle  therein, 
except  on  the  projicr  roadways  and  drives  of  Forest,  Carondelet,  O'Fallon 
and  Tower  Gi-ove  parks  and  at  a  I'ate  of  speed  not  exceeding  eight  miles  per 
hour;  nor  shall  any  jx'i-soii  deliver  any  oration,  address,  sjieech,  sermon  or 
lecture  therein,  or  walk  or  go  ujion  any  grass  plot,  lawn  or  other  place  pro 
hibited  by  the  park  commissioner,  or  permit  any  domestic  animal  to  go  or 
run  at  large,  or  lie  without  attendant  within  any  such  |>lace,  park  or  square, 
and  all  such  animals  shall  be  taken  up  and  impouiid(^d.  and  if  not  claimed 
within  ten  days,  sold,  and  the  fact  of  such  animal  being  found  running  at 
large  shall  be  evidence  of  such  permission  by  the  owner  thereof;  no  omnibus, 
herdic  or  express  wagon   with  or  without    ])assengers,  nor  any  cart,  dray. 


THAI'.  25.1  "T  prill, n-  1'\i;ks.  997 

truck  or  oihi-r  vcliiili-  ijirryiii};  jioods  i>i-  ai'ticlcs  nT  niiv  kind  (cxccfit  when 
r('(|iiir(>tl  ill  llic  scr\iic  nl'  tin*  park  (IcpMrliiiciil  ) ,  iioi'  any  licarsc  or  proces- 
sion of  cai-riaf^cs.  sliall  lie  pci-mitlcd  to  use  llie  <lrives  or  olliei-  roadways  of 
Koi-est,  Caroiidelei,  ( I'l-'alloii  and  Tower  <!rove  |iai-ks;  doj^s  oi'  ]iet  animals 
o{  any  kind  shall  not  lie  ]ierniitled  lo  l)e  lirou^iit  iiilu  an\  oC  the  pai'ks  ex- 
cept the  drivinj;  parks,  and  there  onl\  when  lasii'Med  in  or  led  liy  a  cord 
or  striiii;  ru)t  to  «'.\cee(l  six  fwt  in  lenf;lh.     (M.  (".,  sec  1!M)4.) 

SpiTil    limit    for  iiiitiinu>l>lh'S.   .ti.     in    i.iirks   is  six    mill's:    S.r   U.   C..    sir.    !'•:•}. 

See.  201!).  l>is«»r*U>rl,\  <-oii«lii«-(,  and  ••aiiK's  i»r«>hil>i(<><l — pcil- 
»II«'rs  (>\<-lli(l<>«l.  .Ml  disorderl\  or  indecent  coikIucI.  the  use  ol'  llirealeii- 
in;;,  otiscene  or  proraiie  laii;;iiaoc.  and  all  ^aiues,  acts  or  deiiieanor  calcu- 
lated or  lending;  to  mar  or  disiurh  the  feelings  or  enjoyment  i)(  the  visitors 
adeiidiiii:  suih  parks,  places  or  si|uares,  are  prohiliiled  ihei-ein,  nor  shall 
any  iieison  parade,  cxhiliit  <m-  distriliute  any  advei'l iseiiienl.  civcnlar  or  hand- 
bill therein,  nor  any  peddler  or  petty  dealer  .sell  or  in  any  manner  disjmse 
of  any  article  in  oi-  adjoining  any  imhiic  ]iark.  place  or  stpiare.  (M.  ('., 
sec.  I'Kir..) 

Sec.  20:20.  A|»pli('ati<Mis  for  pit-iiics. —  I'icnics  may  l)e  allowed  in 
Forest.  <'ar<Midelet  and  ( >'Falloii  pai'ks  on  written  ap]ilication  to  the  jiark 
commissioner  si;;iied  by  some  responsible  itarly.     i  .M.  ('.,  sec.  lilOlI,) 

.S.c.  '20-21  H(>^iil:itioi)s  as  to  •Iriviiij*-  parks. — The  hoanl  <d' 
public  iiiipiMiM-iiieiiis  may  riom  lime  to  time  make  such  I'lirther  regulations 
foi-  the  driving  jiarks  as  may  become  necessary.     (M.  (".,  .sec.  1007.) 

Sec.  2022.     I\«M'p    (o    tli«'     riiflit    of    park    roadway — poiiall>. 

—  It  shall  be  the  dnl\  nl  all  persons  drivini;  vi'hicles  of  any  kind  on  tin; 
park  roadways,  and  of  all  persons  riding  horses,  bicycles,  or  tricycles  on 
such  roadways,  at  all  limes  to  keej)  to  the  li^hl  of  the  center  of  such  park 
roadways,  except  when  |)re\-enled  liy  obslruci  ions.  Any  person  violating 
this  section  shall  lie  deeme<l  guilty  of  a  misdemeanor,  and  for  each  otl'eiise 
shall  be  tined  not  less  than  live  dollars  nor  more  than  twenty-live  dollars. 
.Villi  it  sliall  Im-  the  ilnly  of  the  keepers  of  the  .several  parks  to  see  that  this 
.section  is  strictly  enforced.      1  .M.  C,  sec.  HMIS.) 

Sec.  2023.  I.imils  witliiii  wliu-li  <*a(t!«'  oxcludcd. — No  person 
sliall  be  permitted  lo  lirini;  or  dii\e  aii_\  loose  caille  or  slock  of  any  kind 
within  two  liiindred  feet  of  any  public  park,  jilace  or  sipiare.  and  any  per- 
son so  otVeiidin;;  shall,  in  addition  to  the  jienalty,  hereinafter  jirovided,  be 
liable  for  all  damap's  done  to  jniblic  projierty  by  such  violation  of  this  jiro- 
visioii :  Jirovided.  that  this  jirovision  shall  not  ap)ily  to  Forest.  O'Fallon. 
Hyde  and  Carondelet  parks,  except  in  re<iard  to  damage  done  by  any  such 
i-a'tth".     i.M.  <■..  sec.  1!I0!I.  I 

Sec.  2024.        Keepers    in    \>v    sworn    as    sp<M-ial    polire.— The 

keejiers  of  the  several  parks  shall  be  sworn  in  as  sjiecial  )iolice  and  be  in- 
trusted with  the  enforcement  of  the  )irovisions  of  this  article,  and  shall  at 
all  times  have  the  assistance  of  the  re^jnlar  |Milice  force  in  carryini;  out  the 
same.     I  .M.  ( '.,  sec.  1!tin.  1 

Sec.  2025.  I'ark  (-oniniissjon«>r  may  lease  (UTtain  huildin;;s. 
— The  park  eoinmissioner  wiih  the  approval  of  the  board  of  public  improve- 
ments, is  aiithori/ed  in  behalf  of  the  city,  to  lea.se  any  biiildin<;  (other  than 


i(9S  r,i:\"isKi>  roni-;  in;  (;kni:i:ai.  i 'KIUXaxcks.  (chap.  2:.. 

the  cottajie  and  oiil  lniil(ljiii;s  coiiiu'ck'd  ilKU'cwitli  in  Forest  Park)  in  For- 
est, Carondelct  and  O'Fallon  jiai-ks.  for  the  jieriod  of  one  year  or  less,  for 
residence  ])nriM>ses  only,  sncli  leas(»  to  tie  snliject  to  1)0  terminated  at  any 
time  for  cause,  by  resolution  ol'  llu-  lioai'd  of  |iul>lic  inn>roveinents,  and  in 
:ill  lases  tlie  rents  t(»  he  payable  in  advance.     IM.  ('..  sec-.  I'.Ml.i 

Leasingr  park,  soe  Chartor.  Art.   \'III.  .sf.-c.    I   and   note. 

Sec.  2026.     Wlion  ('(niiptroller  Jind  <'(»i)iniissi<)iier  to  lease. — 

III  r:ise  of  failure  to  receive  any  hid.s  aficr  iwu  .--iiccessive  advertisements 
tlierefor  or  when  the  lea.se  lor  any  cause  shall  have  Ih-cii  forfeited,  the  park 
(  oinniissioner  and  coiiijitroller  with  the  apiiioval  of  the  i)oard  of  public  im- 
])rovenients,  are  authorized  on  behalf  of  tlw  city  lo  lease  out  said  premises 
i'or  the  purpos(>  hereinbefore  mentioned,  for  the  term  not  exceeding  one 
year,  to  such  jierson  or  persons  in  good  standing  as  may  make  the  most 
advantageous  oH'er  for  them;  sudi  lease  to  Ik'  terminated  at  any  time  for 
raiise  to  be  evidenced  by  a  resolution  of  the  board  of  jdiblic  improvements, 
and  .ifter  thirty  days"  notice  by  the  park  commissioner,  and  ail  rents  to  be 
jiaid  iiionlhly  in  aihance.     (  .M.  <'..  sec.  fttrj.i 

See.  2027.     Ijeasiiij>'   of  boat    i)rivilej;;e.s    in    i>ark  poiiil.s. — The 

board  of  ])ublic  im]i]()venients  is  hereby  authorized  and  empowered  to  lease 
the  jtrivilege  of  kee]iing  boats  for  hire  on  the  ponds  of  the  public  parks  of 
St.  Louis  to  any  iirivate  ]iarty  for  a  term  of  one  or  more  yeai-s,  under  rules 
and  regulations  drawn  u])  by  the  pai-k  commissioner  and  approved  by  the 
board  of  imblic  iiiiproveiiients.     lOrd.  1  tt:!.").  sec.  1.) 

Sec.  2028.     Privilef»es  oi  <>ames,  t't«'.,  in  c-ertain  parks. — The 

board  of  jiublic  improvements  is  authorized  and  empowered  to  lease  the 
jirivilege  of  keeping  imjilements  for  the  games  of  base  ball,  croquet  and 
lawn  tennis,  and  so  forth,  for  hire  at  Forest,  O'Fallon  and  Carondelet  Parks; 

the  locations  lor  ihe  g:niies  l<i  lie  selected  by  liie  jiark  commissioner.  [  Ih.. 
.sec.  2. 1 

Sec.  2029.  I'rofeetls  of  leases — liow  credited. — The  receipts  from 
the  leases  mentioned  in  the  two  preceding  sm-tions  to  be  credited  to  the 
]iarks  fi-om  which  they  were  received,     (fh.,  sec.  :?.  i 

Sec.  2030.  Connnissioiier  to  take  eliarjfe  of  park  dona- 
tions.— The  jiai'k  coiiuiiissioncr  is  hi'reby  authorized,  with  the  approval 
of  the  boai'd  of  ])ublic  iiii]irovciiieiils,  to  accejit  and  t.ike  cliai'ge  of,  for  and 
on  behalf  of  the  city,  all  donations  made  to  th(>  public  ]>ai-ks,  places  or 
S(]uares  of  the  city  by  |iii\ale  individuals  or  ,societies,  and  it  is  hereliy  made 
his  duty  to  dcMile  and  appi.\  such  donations  strictly  to  the  purposes  for 
which  they  wcic  iiiaile.     t.M.  ( '..  sec.  P.li:!.  i 

See.    2031.     Sites    for    statues     (o    he    allotted He    shall    be 

authorized,  \\ith  the  approval  of  said  board  on  ilie  submission  of  proper 
](l;ins  and  sketches,  to  allot  stub  s])ace  of  ground  in  any  of  the  [uiblic  ])arks 
places  01'  s(|uares  as  may  be  rofpiired  for  the  erection  of  auy  monument, 
statue  or  other  work  of  art  or  utiliry  in  commenn)ratiou  of  the  services  or 
beneticenee  of  any  jienson  or  society  which  they  may  offer  to  put  up  at  their 
own  expense,     i  M.  (".,  s(>c.  l!ll  t.) 

.Sec.  20.H2.  Sites  iiii|>roved  by  private  «l«»natioiis— liow  iles- 
iynated.  — The  jiaik  i  ominissioner  sliall  have  authority  in  certain  cases. 
to  olticially  designate  ceiiain  places  in  the  public  parks,  places  aud  sijuares, 


CHAP.    26.1  OK   I'rm.lr    I'KI.NTI.Vti.  i|i|<) 

wliirli  liavf  Imcii  iiii|iru\(il  liv  piivau-  doiialioiis,  by  the  name  of  tlio  donor, 
aiul  he  shall  in  all  .-^ik  li  cases  tile  :i  copy  of  tlie  articles  or  stipulations  of 
<li>nation  with  the  <ii\    i-cuislci-.      i  .\1.  ('.,  sec.  lltlTi.) 

Sec.  20.'{.>.  Wlit'ii  imrk  tloiiatioii.s  may  Uv  reiiiovtMl. — In  cu.se 
any  pnblic  park,  place  nr  sipiare.  conlaininj;  any  inunnnient.  slatne  or  other 
work  of  ail  or  uiiliiv  cic(  icil  Iruni  private  donations  as  aforesaid,  shall 
hereaftel'  cease  to  he  the  prtipeity  nl'  the  city,  the  donor  or  his  le<;al  I'cpre- 
.sentatives  shall  have  peiniissiun  to  reiiune  the  same  from  the  premises  with 
the   I'onsent    of    the    park    <  iimniissiiinci-.    pi  ex  idiish    dhlained.       (  M.   ( '.,   sec. 

See.  2084.  .>Iti>«i<'  in  parks.  The  park  cdoimissioner  is  hereby  au- 
ihori/.ed.  with  the  approval  of  the  nia.M)r.  hi  pT()\ide  mnsie  [\tv  the  ]iarks. 
between  -Jnne  lii'st  and  (ictober  lirst.  ei;;hteen  hnndred  ami  ninety-six,  anil 
every  year  thereafter,  on  sneh  days  anil  in  such  i)arks  as  shall  be  ilesijinated 
by  the  abovi-  oflicers.  not  exceedinji  seven  entertainments  in  one  week,  of 
IhriM'  lionrs'  duration  each,  two  of  these  to  be  held  in  the  music  pavilion  in 
I'nrest  I'ai-k  and  all.  except  tho.sc  held  mi  Sundays,  to  be  held  between  the 
hours  of  seven  p.  ni.  and  ten  |i.  m.  The  music  shall  be  |u-o\ided  by  an 
orchestra  or  baml  of  not  less  than  twenty  live  skilled  musicians,  all  of  whom 
must  1h'  rejjisleied  \oifis  of  St.  Louis.  The  above  work  shall  be  let  by  the 
jiark  commissioner,  subject  to  the  apjiroval  of  the  mayor,  to  the  lowest  and 
JK'st  bidder,  and  it  nuiy  be  let  in  sections.  Hefore  the  above  work  is  let  the 
mayor  and  i)ark  commissioner  shall  estal)lish  a  schedule  j^ivinj;  the  name  of 
each  park  in  which  music  is  to  be  fjiven  .-ind  the  dale  of  the  same  durinji 
sail!  season,  and  bidders  may  compete  for  the  music  in  any  one  or  iiuu'e  lU' 
all  the  parks.  l'a\ment  foi"  the  above  woi'k  shall  be  made  monthly  on 
\ouchers  apjiroved  by  the  mayor  and  jtark  commissioner,  and  ten  \ivv  cent 
of  each  jiaynu'iit  shall  be  reserved  to  secure  the  fullillment  of  the  contract. 
All  iiuestions  with  i-eference  to  the  sa(isfai-tor\  jiei-forniance  of  the  work 
shall  Ih"  deteianined  by  the  nuiyor  and  jiark  commissioner,  whose  decision 
shall  be  linal  and  conclusive.  The  lettin;;;  shall  be  advertised  for  ten  days 
in  the  iiajiers  doini;  the  city  |U-intini;:  juoxidcd.  that  for  <iood  causi-  the 
dale  or  dates  ma  \  bi'  iIkiiil;i'(1  1i\  I  lie  iii,i\  or  and  pai-k  commissioner.  I  M.  < '.. 
sec.  I!tl7. ) 

Sec.  20.'{.').  ri-iiiill,\.  .\ny  |(erson  violating;  any  of  the  iuo\  isions  of 
this  article  shall  bi'  deemed  guilty  of  a  misdemeanor,  and  ujion  conviition 
thereof,  shall  be  lined  not  less  than  five  and  not  exceedinfr  li\-e  hundred  dol- 
lars.    (M.  «'.,  sec.  IDlS.i 


CH.APTEK  If-,. 

OF  PCBLir   I'KI.NTI.NiJ. 

Sec.  20.3t5       l*i(M"»Mlur«'  for  l«'l(niy;or  «-oii(i'a«-l  forpiililir  priiit- 

inj;.  — The  re;;isier  .-.hall  on  the  .second  .Monday  in  .May  in  each  \ear  here 
after,  adverti.se  in  the  newspapers  published  in  the  City  of  St.  Louis,  of  a 
nnifoi-m  daily  circiilalion  of  over  three  lliousaiid  cojiies  iso  far  as  he  iiniy 
be  inl'ormed  ihereofi,  a  projiosal  for  sealed  bids  in  writing;  for  doin^r  the  city 
printiii;;.  to  be  done  in  city  newspa|iers  of  said  daily  circulation,  fiu-  one 
\eai-.  one  published  ill  the  l']n;:lish  and  one  in  the  Cerman  lanj,nia;;e.  The 
pa|H-rs  published  in  the  l''.n;;lisli  lan^iia;;e  bidding',  shall  also  stale  in  their 
bid  at  what  cost  and  price  they  will  prim    two  hundred  eopie.s  of  the  pro- 


1000  pjoviSKD  com-;  oh  c.knkkai.  ordinancks.  ichap.  •(.. 

ceedinjis  ui  Ilic  .Miiiiicip.il  Asscnilily.  ;is  iniiy  bo  imlilislicd  in  sucli  papers,  in 
painplilct  lonn.  and  luriiish  llic  same  within  two  days  alter  each  meeting, 
to  each  house  of  the  municipal  asseml)l\  I'oi-  distrihntion  amonji;st  its  mem- 
bers. The  advertisement  shall  state  tiie  size,  character  and  name  of  tlie  type 
to  be  nsed.  the  minimum  leii.i;l!i  of  the  line,  the  minimum  width  of  the  eol- 
umn  reipiired.  the  elianu-ter  of  ineasnrement  to  be  employed,  the  amount 
of  deposit  re([nired  to  accompany  each  l)id  (which  in  no  case  shall  be  le.ss 
than  five  hundred  dollars,  and  which  deposit  shall  be  absolutely  forfeited  to 
the  City  of  St.  Louis  in  the  event  such  bidder  is  award<>d  stich  contract  and 
fails  or  i-efnses  to  execute  the  contract  and  };ive  the  bond  as  hereinafter  re- 
quired), and  the  place,  day  and  hour  of  the  opening  of  such  bids,  and  shall 
be  made  [for]  at  least  ten  days  iie.\t  before  such  day.  Th(>  bids  shall  be 
opened  in  the  office  of  the  register,  and  all  bidders  may  be  present  thereat. 
No  bids  shall  be  considered  in  which  there  shall  be  an  erasure  or  inter- 
lineation. In  every  case  the  printing  shall  be  awarded  to  the  lowest  bidder. 
The  register  shall,  without  delay,  rejiort  the  bids  and  awards  to  the  cotincil. 
If  the  council  reject  any  award  the  register  shall  jiroceed  without  delay,  as 
above,  to  ad\-ertise  for  new  bids  for  the  kind  of  printing  of  the  rejected 
award,  and  re]iort  as  aforesaid  ujion  the  same,  and  so  on  until  the  council 
confirm  the  awards  for  all  the  aforesaid  printing.  In  case  any  iddder  to 
whom  such  jjublic  printing  may  be  .awarded  fails  or  refuses,  within  ten 
days  after  such  award,  to  projierly  and  legally  enter  into  the  contract  there- 
for and  give  the  bond  required  by  law.  and  also  in  ca.se  any  bidder  fails  or 
refuses  to  ]>erforni  the  contract  herein  reipiired.  and  the  same  is  declareti 
forfeited  by  the  mayor,  it  sli.ill  be  the  duty  of  the  register  to  immediately 
enter  into  a  temipurary  contract  and  bond,  to  be  approved  by  the  mayor, 
for  doing  the  city  jirinting  until  smli  time  as  a  new  contract  sliall  be  made, 
as  hereinafter  provided,  and  advertise  a  jtrojiosal  for  sealed  liids  for  doing 
the  city  j)riiitiug  in  the  manner  herein  jtrovided,  for  such  term  or  unexpired 
term,  as  the  case  may  be,  and  shall  award  the  contract  to  the  lowest  bidder; 
provided,  however,  that  no  bid  shall  then  be  considered  or  accepted  from 
such  bidder  who  has  failed  or  reftised  to  execute  such  contract  and  give 
such  bun<l.  or  who  has  failed  to  <arrv  out  his  contract  atid  the  same  has 
been  declared  forfeited  by  the  max  or.  In  such  cases,  if  the  council  be  in 
session,  the  register  shall,  without  delay,  rejiort  such  l)ids  and  awards  to 
the  council,  when  the  same  jn-oceedings  shall  be  had  thereon  as  herein  speci- 
fied. But  if  the  council  be  not  in  session,  the  register  shall  award  the  jirint- 
ing to  the  lowest  bidder,  and  shall  enter  into  a  temporarx'  contract  and  re- 
<piire  a  temporary  bond  and  immediately  upon  the  reconvening  of  the  coun- 
cil, shall  rejiort  such  bid.  award.  tem|ioi-ary  contract  and  bond  to  the  coun- 
cil, and  thereujion  the  same  iiroceeding  shall  be  had  as  is  herein  required, 
and  if  the  council  contirm  the  award,  a  regular  contra<t  and  bond,  as  now 
provided,  shall  be  entered  into  in  the  manner  and  within  the  time  and  sub- 
ject to  the  conditions  hereof.  If  the  council  reject  such  award,  the  register 
shall  proceed,  without  delay,  to  advertise  for  new  bids  in  the  manner  herein 
set  out.  I'>very  contract  for  ])rinting  in  imrsuance  of  any  award  shall  specify 
the  i)i"inting  and  the  price  therefor  and  recpiire  the  doing  thereof  within  a 
reasonable  time,  as  the  register  may  direct,  or  the  law  oi  ordinance  i>rovid 
ing  for  sncli  ])rinting  may  require.  The  lu-inting  meant  in  this  article  in- 
cludes <'verything  of  labor,  skill  and  materials  for  bringing  the  work  to  the 
condition  for  its  intended  use  and  i)ur]iose.  If  any  bidder  fails  to  ])erforiu 
the  contract  as  herein  required,  the  same  shall  be  subject  to  forfeiture  by 
the  mayor.     |M.  C,  sec.  l!)]!l.) 

Tliis  SLHtion  i.'s  piir.«u;iiu  to  tin-  |iro\  isioiis  ot  tho  ('hartci-.  .\rt.  XV.  sec.  1.  For 
Iirinting  contracts  relating  to  state  matters  (judicial  proceedings,  etc.)  see  Rev. 
St.  1S!I9.  sec.  4692  et  seq.  sot  out  herein  in  "Laws  Specially  -Applicable  to  St. 
Ijouis."  sections   1-4.   page  Ifi. 


I  Ml. A  I'.    -X  ] 


OF    ITI'.I.K-    l-KINTINC. 


1001 


S(M-.    'J037.      I'liblicatioii    ot     <»r(liiiaii<-«'s     aiul     public    iWm'U- 

iiM'iits.  —  Kv('r\-  oriljiiaiicc  |i;iss(m1  I)v  the  iiiimi(i|i:il  .•issciiililv  shall  W  p)il)- 
lishc'il  ill  the  pa|icrs  tlDin-i  llic  city  jtriiidii^  wiliiiii  tive  days  at'lci-  its  aji- 
lir(i\al.  i;iij;llsli  |ia|iiTs.  wiicii  liiildiiij,'  Cur  ilir  ciiy  |iriiitiii^.  shall  also  slati' 
at  wlial  prirf  Iht-y  will  riiiiiisii  liltci'ii  iiiiiidi'cil  |iriiil('<l  copies  of  oi'diiiaiiics, 
as  may  lie  iiiiliiishcd  in  the  iicwspapci-s.  iif  a  iiiiit'nriii  size,  siiitalilc  lor  liind- 
iii;;  ill  ciisloiiiary  pamphlet  roriii.  The  assembly  shall  cause  an  abslract  of 
its  prdceediiitjs  to  he  pnhlislxMl  within  r()i-|y-('i<;lit  hours  after  tlie  iiKM-tiii};, 
at  whi<h  they  were  liad  ;  sneli  ahstraet  shall  lirielly  slate  the  siihstanco  of 
all  )ietitioiis,  memorials,  remonst  ranees,  motions,  projiosil  ions.  Iiilis.  resolu- 
tions and  orders  and  the  yeas  and  nays  in  full,  \\heiie\er  taken;  also  all 
rommnnitai  ions  from  the  mayor  anil  other  iil\  oltii-ers.  nnless  otherwise 
ilirecied  i)y  the  mnnieipal  assemhly.  No  cxiiensr  lor  piinliiif;  the  sann,> 
doeiimeltls  the  second  time  shall  he  iiicnired.  except  w  Ikmi  cirdereti  by  a  vote 
of  two-thirds  of  the  memlM'r.s-elect  to  the  assembly,  taken  by  yeas  and  nays. 
The  animal  messaf;!'  of  the  inayoi-  shall  be  printed  in  ilie  pi'ocee(lin;is  of  one 
branch  of  the  assembly  oiilv.  'I'lie  annual  re]Mirts  n]  ihe  coniplrolier  and 
other  city  oflicers  shall  be  sent  to  the  council.  onl.\.  and  siiall  not  be  jiriiiled 
in  the  proceediii-is  id'  either  house  of  Ihe  assembly,  but  shall  be  ]irinted  in 
pam|>hlet  form,  the  iinmber  of  copies  to  be  determined  liv  ,1  majority  of  both 
houses  of  the  mnniciiial  assembly  \>\  joint  resolnl  ion.     (.M.  ('.,  sec.  llfjll.) 

Thi.x  .•ii'itli>ii  trmk.s  the  Cliartpr:  Charter.  .\it.  X\'.  «<•<•.  '2:  ami  sec  noti^  thiii-to 
that  tlu'  imhliratlnn  ifinilrfil  ilm's  nut  apply  tii  a  S''"ial  ri'Vislon  (if  th^-  mili- 
nanft's. 

Sec.  20:i^  .loll  print  iii^',  \nt\\  <-(>iit  raclrd  lor.— .Ml  job  piint- 
in;;  and  binding;  shall  be  let  by  contract.  ,ind  with  that  \iew  Ihe  re;j;ister 
is  re(|nired.  when  the  cost  of  the  work  appro.xiniales  more  than  one  hundred 
.•iiid  less  than  two  hundred  d(dlars.  lo  solicit  bids  from  at  least  tive  ditVerenI 
parties  or  tirms  in  the  job  printing  and  bindiiifr  business.  When  the  cost' 
of  the  work  is  estimated  at  two  Imndred  dollars  ami  o\er  proposals  shall 
be  invited  by  advertisement  in  Ihe  jiapeis  doin;;  the  cily  piinlill}:.  (  M.  (".. 
s.'c.    r.lL'l.i 

Sot*  Chart*'!".  Ijitt.T  part  of  An.   X\*.  set*.   1;  and  sor  notr   t«>  .Maltl  sectlnn. 

See.  2039.  Priiiliuj;,  prool-s  of,  lo  whom  Miibiiiittcil. — 
rrnofs  of  all  priiitin<{  shall  be  siibmiileil  lo  the  ollicer  directly  interested 
therein,  aiirl  no  ]iiiblication  or  jirintin;;  shall  be  done  or  paid  for  e.veejit  when 
done  in  Ihe  manner  herein  iireseribed.     (  M.  ('..  sec.  IirJi'.  1 

.Siiini-   :>.•<   Cliiirl.r.    .\rl    .\V     .-om-. 

Sec  "2040.  (icriiiaii  laii^iia^c — pr4»posals  for  priiitiri;;  in, 
t<)  in<-lui!«>  wliat.  .Ml  projiosals  for  the  cily  printing;  in  the  Ceriiian 
laii;;iia;;c-  shall  inclmle  the  cost  of  translation,  ami  all  contracts  for  such 
priiiiiii;:  shall  be  made  to  cover  also  all  expenses  for  translation.  (  .\l.  1'.. 
.sec.  I!t2.'.,  I 

See.  '_'04l.  Itoiid  to  Ur  jjivon.  The  re-lister  shall  reipiire  all  con- 
tractors under  this  <  liapier  to  ^ive  <^itn{\  and  snflicieni  bond  for  the  faithful 
l>erformance  of  said  contract,  to  be  a|i|iio\eil  l)\  the  mavor.  (M.  <'..  .sec. 
l!>2l.i 


Sec.  2042      ('«»ntra«"ls_rlan>»'    to    Im-    insci-t<-<l    in.  —  In    il on- 

tracts  for  ]irintin;;  pamphlets,  bills  and  other  work  where  the  composition 
is  estimated  by  the  pajie.  a  clause  shall  Im'  inserteil  that  every  necessary 
fraction  of  n  pn$;e  may  Im>  counted  a.s  a  full  \>:\fn-.  but  no  entire  blank  [la^e 
shall  be  counted  or  chari:e(l  for.      iM.  C.  sec.   1!I2.".  i 


101)2  lUOVISlCLl  CODK  OR  CICNKRAL  0RDIX.\.VC'L:S.  [CHAP    :;T. 

Seo.  2043.     Profeediiijfs  of    assembly— to    wlioiii    furnished. 

— Printed  copies  of  tlie  proceed in<is  of  botli  houses  of  tlie  municipal  assem- 
bly sliall  be  proni]itl.\  delivered  b.v  theii-  resj)ective  serfjeantsat-arms  at  tlie 
mayor's,  comptroller's  and  oilier  officers  where  needed  in  the  transaction 
of  business.     (M.  C.  sec.  1!)L*0.) 

Sec.  2044.  Oit.v  rej^isfer  to  supervise  printing. — All  printiiiir 
i'e(|uired  by  law,  ordinance,  the  officers  of  the  city  or  the  municipal  as.sein- 
bly,  shall  be  done  and  made  under  the  supervision  of  the  citv  register,  i  M. 
<;.,  sec.  1927.) 

Sec.  2045.  Imprint  on  printed  matter  require<l. — All  l)ooks 
and  pamphlets  and  other  jirinted  matter  in  liook  or  paiiiidilet  form  shall 
bear  upon  the  cover  or  title  ])age  thereof  the  imprint  of  tlie  •'.Vllied  Print- 
ing Trades  Council,  St.  Louis,  Jlissonri;"  all  blanks,  such  as  contracts. 
l)(>nds,  notices  or  deeds  shall  have  legibly  inscribed  thereon  the  imjirint  of 
said  Allied  Printing  Trades  Council,  of  St.  Louis,  Missouri;  all  stationery, 
such  as  letter  heads  and  envelopes,' shall  be  procured  from  printers  or  sta- 
ticmers  possessing  authority  to  use  the  imprint  of  said  label,  but  it  shall 
not  be  necessary  that  the  said  label  be  imprinted  on  stationery  of  that  char- 
acter.    (M.  C,  sec.  1928.) 

This  and  tlie  siiccoetliiif?  section  are  voi»3  as  special  legislation:  they  were  so 
held  to  be  in  the  case  of  llaeussler  vs.  St.  Louis  (No.  17526a  in  room  1  of  Circuit 
Court)  after  full  hearing  on  preliminary  injunction;  but  the  cause  was  subse- 
quently dismissed  before  final  hearing.  These  sections  have  been  since  that  time 
disregarded  hy  the  oit>-  auttioi-ities  in  letting  contracts. 

Sec.  2046.  Penalty — forfeiture,  ete.  —  hi  case  any  person  or  jier 
sons,  firm  or  corporation  employed  to  do  or  furnish  any  of  the  foregoing 
work  shall  violate  the  jirovisioiis  of  the  foregoing  section,  the  city  register 
is  her(-by  authorized  and  empowered  to  cancel  and  forfeit  such  eni])Ioyinent 
or  the  contract  under  which  such  work,  or  any  of  it.  is  done  or  furnished, 
and  may  relet  the  same  in  the  manner  provided  for  with  respect  to  the 
original  letting  of  such  work;  and  the  person,  jiersons,  firm  or  corporation 
who.se  emjiloyment  or  contract  has  been  so  canceled  or  forfeited  shall  be 
ineligible  to  bid  ujion  or  for  any  such  work  or  stationery  ujion  the  relet- 
ling,  and  the  dift'erence  in  cost  of  doing  such  work  or  furnishing  such  sta- 
I  ioiiery  under  the  contract  or  employment  so  canceled  or  forfeited,  and 
under-  siirh  reletting,  il'  an\  dillerence  there  shall  be,  may  be  sueil  for  and  re- 
eovered  uiion  the  bond  given  for  the  ]ierforiiiance  of  sueli  ciincelled 
<-ontract  or  employmeni.     i  M.  ('.,  sec.  1929.) 

See   preceding   s.n-tion. 


CHAPTER  27. 

i)i'  r,i':coui>i-:u  oi'"  di^icds.* 

vS(!c.  2047.     IJeeonU'r — (|iialifi<'ations,  eleetion  and  term.— The 

reconler  of  deeds  of  the  t'ily  of  Si.   Louis  shall  ]ios.sess  tlie  (jualifications 
jifescribed  in  section  ten,  articde  four,  of  the  charter  of  the  City  of  St.  Louis 

•Charter  provisions:  Art.  IV.  sec.  1  (term  of  office).  It  is  the  Recorder's 
duty  to  deliver  convey.anees  to  President  Board  of  Assessors:  Chart.,  Art.  V, 
sec.  21.  .and  Rev.  C,  .sec.  2097:  and  to  Board  Public  Imp..  Rev.  C.  sec.  1944.  Duties 
as    to   recording  pl.nts:      Chart..   Art.   VI.   sec.    1. 


<-MAi'.  I'T.j  oi'  ni:coiti>Ku  oi-  i>i:i:i>s.  1003 

for  elective  officers  of  said  cilv.  ami  he  shall  lie  clciicd  In   ilic  i|iialilii'il  vot 
ITS  of  said  cil.v  at   the  f^eiicral  elci-lioii   win-ii   rciircscTiial  i\s  arc  elected   to 
the  jji'iieral  asseiiild.v    of  the  state,  and  shall  hold   his  oltice  for  four  years 
and  until  his  successor  is  duly  elerted  and  i|iialilied.     Ills  oftirial  term  shall 
coinnience  on  the  lii'sl  of  .lanuai-y  next  siKccedinj;  his  election.     (  .M.  ("..  sec. 

S<<-.  2048.  ('rr(il"i<'jit«'  of  «'l<M*lioii  to  hv  ix'iwu. — Th.'  njris- 
tor  of  the  City  of  .<i.  I.onis  sh:ill  i,'i\e  ici  ilic  iiMorder  a  eeriilicate  of  his 
■election  authenticated  |p\   the  s^al  of  ilic  (■ii\.      i  .\|.  ('.,  .sec.  1!);{1.) 

Sec.  204!l.  r«<)iitl  to  l>«'  jiixi'ii.  I'.clorc  iln'  mm  urdn-  shall  enici-  u|i<)ii 
the  duties  of  hi.-,  ullirc  he  shall  i;i\c  Ixmd  to  the  Slate  of  .Missouri  in  I  he 
sum  of  live  thousand  ilollars,  rondilioncd  for  ilie  faithful  ]ierfoniiance  of 
the  duties  of  his  oftice.  whieh  liond.  shall  !"■  a|i|iroved  \>\  the  mayoi'  and 
louncil:  said  hond  shall  be  si^iued  liy  two  ni-  more  seeurities  who  shall  he 
ludders  of  uiiininiMlirrcd  real  estate  wiiliin  ilic  Cilv  of  St.  Louis.  (  .M.  ('., 
S.-C.   l!i:',2. 1 

Sir.    L'(),")it         Oflirr     to      !)«•      >:ic:iiil      on      tailiirc     to     jifivi' 

Itoiul.  --If  the  ri'i-order  nejileci  lo  ;,'i\i'  liond  and  iiualil'y  within  iwenly 
days  after  his  election  his  oflice  shall  be  deemed  vacant,  an(l  the  mayiu-  shall 
l>y  ]iroclaination  order  an  (decliou  to  till  such  vacancy  for  the  unex|)ired 
term  thereof,  to  be  ludd  u])ou  some  day  iiatned  in  such  oi-der.  not  less  than 
twenty  nor  inoi-e  than  thirty  davs  ne.xt  after  the  issuiu'j:  of  the  ]iroilamatiou. 
.  .M.  ("..  sec.  I'.i:;::.  I 

S<c.  20.")!.  Duties  of  rccortU'r— reji'iilat  ions  of  ot1i«*«'.  -  Thi- 
riTorder  shall  have  charge  and  control  of  the  real  estate  records  and  i)er- 
xMialty  records  of  the  C\l\  of  St.  Louis,  and  all  ]iapers,  inajis.  jtlats.  and 
other  records  i)ertainiu<;  to  his  office  as  established  by  law,  and  may  enforce 
all  needful  rej;ulations  for  their  care,  use  and  management  not  inconsistent 
with  the  laws  of  the  State.  No  rei'ord  shall  he  removed  from  the  oftiie  ex- 
ie|>t  with  the  a|>|ii<i\al  of  the  rerorder  or  uixin  the  formal  ordi-r  of  .some 
court,  and  all  im|projicr  intei-ference  with  said  records,  misuse  of  same,  or 
niakin;;  thereon  any  alteration,  erasure,  interlineation  or  oihei'  wrilinj;  of 
any  kind,  without  the  consent  and  apjiroval  of  the  re<-order,  shall  be  consid- 
ered a  violation  of  this  section  and  ]uuiishable  as  liereiuafter  mentioned. 
The  use  of  jkmi  and  ink  in  said  office,  except  by  the  recorder  and  deputies 
and  clerks  under  his  supervision,  is  IVu-bidden  e.\cept  with  the  knowled;;e 
and  consent  of  s.iid  i-ecorder.  .Ml  hnnl  lalkinj:  or  other  disturbance  in  said 
office  tlurin;;  business  hours  is  also  hei'cby  forbiddi-n.     i  .M.  ('..  sec.  I'.CU.i 

I^utlr.i  ns  ti>  ri'inrrtluK  pints:     Charter,   .\rt.  VI,  sec.   1. 

Sec.  2052.  IJcconlrr's  siilar\.  The  reiuiiler  shall  reecive  a  salary 
of  four  thousand  dullais  per  aiiiiniii.     i  .M.  ('..  see.  111."!.").) 

See.  2t>.5.'>.  ('«»ll<M-tiii^  iMul  pa.vin<;  o\t'r  t«'t«t». — He  shall  col- 
lect all  ftH's  as  i>rescrilHMl  b\  law.  and  |iay  the  same  into  the  city  tre.-isury 
daily.     (M,  C.  .sec.  VXW.) 

See.  20.">l  I  liiiployrs,  lie  is  antlioi'i/.ed  lo  ap|ioini  ihe  fi)llo\\in;^ 
deputies,  clerks  and  a.ssistanis:  One  chief  deputy  and  tive  [six]  deputies, 
one  of  whom  shall  be  known  as  "releasin;;  deputy."  one  niarriajie  license 
clerk,  one  assistant  marriap^  license  clerk.  I-^acli  of  the  above  em|doyes 
shall  be  empowi-red  in  administer  oaths.     One  su|M-riniendeiit  of  index  folio 


1004  itKVis]':!)  coDi-:  (ii;  (;i:.vi:i:al  ()Hi)iXA.V('i-:s.  [chap.  i'T. 

department,  one  competent  dnuijrhtsman.  four  [eifiht]  comparers,  [two  iii- 
dexers].  one  delivery  clerk,  one  [two]  janitor,  one  watchman  of  records, 
[one  mari'iafje  indexer  who  shall  lie  a  comjietent  stenojii-aplier],  and  such 
recording;  clerks  in  folio  dej>artmeiit  as  the  business  of  this  department  may 
re(|uire.      ( ( )rd.  lilHCK.  amending  .M.  ('..  sec.  IIKJT. ) 

That  part  ol  th«  above  scction.s  2054  and  2055  which  i.s  indicated  in  brackets, 
i.s  not  a  part  of  the  Revised  Code,  but  is  the  amendment  passed  in  ordinance  No. 
22SS3.  approved  March  ]3.  1907.  too  late  to  be  included  in  the  Revised  Code.  See 
this  ordinance  set  out  in   tlie  .\pt)endix. 

Sec.    20r)5,      Sanu' — salaries — nuiubor  of  recordinj":  clerks. — 

The  above  named  enijdoyes  siiall  iccclve  in  full  payment  for  their  services 
the  following  salaries:  The  chief  deputy,  one  hundred  and  seventy-five  [two 
hundred]  dollars  j)er  mouth;  the  deputies,  each  one  hundred  and  twenty- 
five  dollars  per  month;  the  superintendent  of  index  and  folio  department, 
one  hundred  dollars  jier  month;  the  draughtsman,  one  hundred  dollars  per 
month;  the  eomjiarers,  each  ninety  dollars  per  month;  [the  indexers,  each 
one  hundred  dollars  per  month];  the  delivei-y  clerk,  seventy-five  dollars  per 
month;  the  janitor,  [janitors  each]  fifty  dollars  per  month;  the  watchman 
of  recoiils,  fifty  dollars  per  month;  the  iiiai-riage  license  ilerk,  one  htindred 
dollars  jier  month;  the  assistant  marriage  license  clerk,  seventy-five  dollars 
per  month;  the  recording  clerks  shall  be  paid  at  the  rate  of  five  cents  per 
folio  of  one  hundred  words.  The  number  of  recording  clerks  shall  not  ex- 
ceed ten  unless  the  increase  of  business  of  the  office  renders  additional  re- 
cording clerks  indisjiensable.  and  all  recording  clerks  in  excess  of  ten  shall 
be  a()pointed  onlv  with  the  approval  of  the  mavor.  i  ()rd.  21.")(>9,  amending 
M.  ('..  sc<-.  1<»:5S.)' 

See  preceding  note. 

Sec.  20.56.     Disfhar}>"e  <>f  employes All   of  tlic  above-mentioned 

employes  shall  be  subject  to  a  discharge  at  the  pleasure  of  the  recorder,  who 
shall  rejtort  the  facts  in  writing  to  the  mayor,  pr(ivided  the  recorder  shall 
not  at  any  time  keep  emjiloyed  in  iiis  office  more  clerks  and  assistants  than 
the  business  of  his  office  actually  ie(iiiires.     i  M.  C,  sec.  1039.) 

Sec.    2057.      Abstracter  ami   indexer  to   be   appointed. — The 

recorder  is  hereliy  authorized  to  employ  in  the  recorder's  office  an  exjjert 
abstracter  and  indexer,  who  shall  keep  the  books  of  the  abstract  and  index 
of  deeds,  in  accordance  with  the  provisions  of  section  three  thousand  eight 
hundred  and  sixteen,  Kevi.sed  Statutes  of  Missouri  of  187!t.  [K.  S.  1899,  sec. 
9067],  and  perform  sudi  other  duties  as  may  be  directetl  by  the  recorder 
of  deeds.  Said  abstracter  and  indexer  of  deeds  shall  receive  a  salary  of  one 
hundred  dollars  monthly,  payable  out  of  appropriation  for  the  recorder  of 
deeds.  Said  abstracter  and  indexer  of  deeds  mav  be  recorder  of  deeds  at 
any  time.     (M.  C,  sec.  1940.) 

Sec.  2058.  Penalty. — .\ny  violations  of  the  firovisions  of  this  chapter 
shall  be  considered  a  misdemeanor,  and  shall  be  jiunisliod  as  ]irovided  liy 
law.     (M.  C,  sec.  1041.) 

Sec.    2059.       General    statutes    to    be    <-oniplie<l     with.— The 

recorder  shall  execute  and  carry  out  all  provisions  of  the  general  statutes 
of  Missouri  relating  to  liis  office,  and  shall  be  responsible  for  all  property 
in  his  charge.     (M.  C.,  sec.  ]942.) 

Sec.  20(;o.  Stationery  and  furniture  to  be  supplied. — The 
books,  slalionei-y  and   fui'iiiture  necessary   for  said  office  shall  be  supplied 


I'llAK    28. 1  OK    ItlOClSTKl!  1005 

as  prescrilKHl  in  the  cliai-tcr  ami  ordiiniiiifs  dI  the  city  for  utlnT  <l<'|iai'tuifiits. 
(M.  C  8t'c.  1!)4:!.) 

Sfc.  20(il  K«'C()r(l«'r  to  «h'v«»t«'  «'iitir«'  (iiiie  to  (iii(i(>s. — Tin- 
rfcoriler  sliall  di'vuic  his  wliolo  lime  duriii;;  Dtlic*'  hours  to  hiisiiicss  of  liis 
of fuo.      (M.  ('..  nov.   l'.»44.t 


CHAPTER  28. 
OF  nKGisTi;!:.* 


Sec.  2062.  (Jfiieral  (liitiosaiid  powers. — The  office  of  rej^ister  is 
hereby  created,  and  liic  duties  tliereof  shall  be  as  follows:  TIic  rej^ister 
shall  liave  the  custody  of  the  city  seal,  the  public  records,  the  (ii-i},'iiial  rolls 
of  ordinances  of  the  iiiuiiiciiial  asi^eiiibly.  all  orif^inal  contrails,  deeds  and 
(•ertilicates  relatiye  to  the  title  of  any  iirojierty  of  tlu;  city,  all  ofticial  penal, 
indemnity  or  security  bomls,  and  such  otlitn'  records,  papers  and  do<nments 
of  yalue  as  are  not  recpiired  to  be  dei)()siled  \yith  any  other  ofticer,  all  of 
\yhich  shall  W  registered  by  nuinberN,  date  and  contents;  h<'  shall  attest  all 
public  instruments  or  official  acts  of  the  mayor  by  his  sijinature  and  the 
seal  of  the  «ity.  and  shall  also  certify  under  his  hand  and  the  .seal  of  the 
city  all  copies  of  such  tiri};inal  documents,  leeords  and  jiapers  in  his  office 
as  may  be  reipiired  by  any  ofticer.  and  he  shall  pro\  ide  ropi(>s  of  ail  con- 
tracts in  his  office  fi)r  the  auilitor  and  i  iim|itroller  when  reipiested  so  to  d(» 
by  them.  The  re}iister  shall  charjie  all  persons,  except  mend)ers  of  the  mu- 
nicipal assembly  and  city  officers,  for  certified  copies  of  ordinances,  records 
or  other  pajiers  on  file  in  his  office,  a  ft*  of  ten  cents  for  eyery  one  hundred 
words,  and  for  eyery  certificate  under  seal  an  additional  fee  of  lilt\  eenis; 
ii;iid  fees  shall  be  paid  daily  to  the  city  (rcasurer,  who  shall  issue  trii)iicate 
recipts  therefor,  one  ot  which  shall  be  tiled  with  the  (diniitroller.  one  with 
fill'  auditor  and  the  third  shall  be  retained  by  the  re^rister.  lie  shall  liaye 
pMieral  su|ieryision  of  the  jiubiic  jirintin;;,  and  shall  see  that  it  is  executed 
as  hereiiniftei-  |iro\  ided,  and  shall  lause  to  be  ]irinted.  tiled  and  preseryed 
in  his  office  all  ordinances  passed  by  the  assembly;  shall  re<j;ister  and  pn*- 
serye  in  his  offiee  all  eontructs,  the  oaths  or  affirmations,  taken  by  the  city 
officers,  and  may  administer  such  oaths  or  affirmations.  lie  shall  a])i)oint 
such  clerks  as  he  may  reijuire.  subject  to  the  approyal  of  the  mayor.  He 
shall  do  and  iierforin  all  duties  now  required  of  the  clerk  of  the  county 
court  Ity  any  j;encral  ov  special  law  not  inconsistent  ■with  the  scheme  ami 
charter  and  shall  e.xerci.se  the  same  power,  authority  and  jurisdiction  a.s 
said  clerk  for  the  proper  execution  of  ail  laws  of  this  stale.  tM.  *'.,  sec. 
104.-).) 

General  duty  of  Ki-glater:  Churt..  Art.  IV.  sec.  23;  Sclicmc.  si-c.  »:  ii.s  to  piilillr 
prlntlDK.  see  K.  C.  Clmp.  26.  !<••(•!•  !ftS6  rl  ug.;  execution,  numberlnir  ami  llllnn  of 
contracts  with    ReKlster,   si--    •  •      Chart.    Art.    XVI.    s.-,-     7.      It    la   the   duty   of 


•Clinrter  provisions:  Art.  III.  sees.  2R,  28;  Art.  IV,  sec.  23  (e.spi-i^lully ).  unJ 
also  Art.  V.  sees.  5,  30;  Art.  XV.  sees.  1.  2:  Art.  XVI.  sec.  7;  Scheme,  sees.  9.  15.  17. 

Dutli-s  n.i  to  Dentistry;  See  L.aws  Mo  1905.  p.  217,  sec.  8.">36.  Duties  formerly 
of  County  Clerk  to  be  performed  by  Register:  Rev.  St.  1899.  p.  2.162,  sec.  4  C'Laws 
SpeclaHy  Appllcnhle  to  St.  Uouls,"  sec.  372).  R.  S.  1S99,  see.  4160.  siibd.  18,  and 
see  herein  next  succeeding  note.  Duties  as  to  Liquors  respecting  County  Clerk 
cast  on  Reiclster:  .Se.-  It.  S.  ISS'J,  p.  2."ifi:i.  »er.  IK.  Duties  rom-.TnlMK  Justices  of 
the  Peace  and  Constables,  formerly  of  County  Clerk,  now  In  Register:  Sec.  653S 
of  H.   3.    199»   ("Laws  Specially   Applicable  to  St     Louis."  sec.   202). 


lOiJii  i:i;visi;i  I  coDK  on  r.K.viouAi,  (JiunxANcrcs.  [chap.  2S. 

t)U'  Rfgistcr  to  perfoiiii  tin-  iliitics  of  a  county  clerk  in  nsiicct  ot  tho  genera' 
Inws  of  the  State:  State  ex  rel.  vs.  Tracy,  94  Mo.  217;  Hev.  St.  lS!i;i.  p.  2562,  sec. 
4;  Statutes  relating  to  county  clerks  to  be  construed  a.s  appl>'ing  to  register^  in 
St.  Louis,  where  applicable:  It.  S.  1S99.  sec.  4160,  subdivi.vion  IS  ("Laws  Spe- 
cially Applicable  to  St.  Louis."  see.  373;  see  also  372);  R.  S.  1S99.  page  2563,  see. 
10;  so  as  to  duties  respecting  Justices  and  Constables  formerly  performed  by 
County  Clerk:  R.  S.  ].S'.I9.  sec.  6536.  See  note  introductory  to  Charter.  Art.  I: 
"General  considerations  respecting  the  Charter — transfer  of  old  county  functions.  ' 
etc.,   and   cases  and    references   there  cited. 

Sf'c.    2063.     To    issue    all    blank     licenses     and    forms All 

blank  licenses,  tiikcis.  rt'ccipts.  ](orniits,  cci-tiflcates  or  other  blank  forms 
which  are  intended  to  lacijitate  or  simplify  the  collection  of  the  revenue, 
shall  be  issu(>(l  b_v  the  rei^isler  under  the  seal  of  the  city,  and  delivered  and 
chari^ed  to  the  coni]iti<dler.  who  shall  conntersign  and  deliver  theni  to  the 
jirojier  officers  respectiveiv,  and  take  duplicate  receipts  therefor,  one  of 
which  shall  be  filed  with  the  auditor,  and  the  register  shall  perform  such 
other  duties  as  may  be  re(iuire(l  of  liiin  by  law  or  ordinance.  (M.  C.  sec. 
HMC.  I 

Charter,  Art.   V,  sec.   u. 

Sec.  2064.  Deputy  reffister,  <Uities  <>f. — The  ottire  of  deputy  reg- 
ister is  hereby  created.  The  dejiuty  register  shall  be  ajipoiuted  by  the  reg- 
ister, by  and  with  the  ap])roval  of  the  mayor,  and  shall  {)erform  such  duties 
as  the  register  shall  direct,  and  he  shall  also  perform  the  duties  of  register 
in  case  of  the  al>sence  or  sickness  of  the  register,  and  the  register  and  his 
securities  shall  be  responsible  for  the  official  acts  of  the  deputy  register. 
(M.  C,  sec.  1947.) 

Sec.  206.5.  Salaries,  re}>'ister  and  ilepiity. — The  annual  salary 
of  the  register  shall  be  three  thou.sand  dollars,  jiayable  monthly,  and  the 
;iunual  s;ilarv  of  the  deputy  register  shall  be  twenty  one  Jmiidred  dollars, 
payable  monthly,     i  M.  C,  sec.  104S.) 

Sec.  206C.  Salaries  of  clerks, — The  salaries  of  clerks  in  the  regis- 
ter's office  shall  be  as  follows:  Two  clerks  at  twelve  hundred  dollars  each 
per  annum;  one  clerk  at  nine  hundred  dollars  per  annum;  and  all  other 
clerks  and  employes  emi)]oyeil  ]>ermanently  or  temporarily  at  tiie  rate  of 
seven  hundred  and  fifty  dollars  each  per  annum,  all  of  said  salaries  payable 
monthly.  The  register  shall  prescribe  such  regulations  defining  their  duties 
and  for  their  government  as  may  be  necessary.     (  M.  C,  .sec.  104!).) 

Sec.  2067.  Keg-ister  to  give  bond.— The  register  shall  give  to 
the  city  a  bond  for  the  faithful  ])erforinance  of  his  official  duties  in  the  snm 
of  ten  thousand  dollars,  which  bond  shall  be  given  at  the  time  provided  by 
the  charter,  and  shall  be  apjii-oved  of  by  the  mayor  and  the  council.  (M.  ('.. 
sec.  IDoO.) 

See.  206.H.  Place  of  (U'|»osi(  of  bond,— The  .ifticial  IhiihI  ..f  th.- 
register  of  the  <'it.y  of  St.  Louis,  i-ei|iiired  by  law.  shall  be  ile|K)siied  with 
the  coiniil  roller  for  safe  keeping,     i  .M.  ('..  sec.  1!)51.) 

Sec.     i!0(i!i.     City    seal— form     of    and    jdace    of    d<>p<»sit. — 

The  cily  seal  shall  be  in  custody  of  the  register  and  it  sliall  be  of  a  circular 
shajie.  one  ;ind  a  half  inches  in  diameter  with  a  de\ice  engraved  thereon  of 
a  steiinil)o;it  carrying  a  I'liited  States  flag,  surmounled  with  a  scroll  in- 
scrilx'd  with  the  words.  "The  conimon  .seal  of  the  ("ity  of  St.  Louis."  in 
{{oiiiaii  capilals  eiigiaved  u)ioii  the  face  ther(>of.  No  imjtression  of  such 
seal  to  any  contract  or  other  writing  shall  have  any  \alidity  or  binding 
oblig;ilioii  njion  the  cily  unless  such  impression  be  accomi>anied  by  the  at- 
testation and  signaiiuc  ol'  ihe  registi'r.  and  then  only  in  case  authorized  by 
law  and  ordin;ince.  (.M.  •'..  sec.  !'.)'}-.) 
Sc.'   riiarli-r.   .\rt.    IV.   sec.    2.1. 


AItT    I. 


OF  BOARD  OF  ASSESSORS. 


1WI7 


REVENUE    DEPARTMENT. 


Chapter  29.  Of  asBrsspx-nl   of   property. 

Art.         I.  Of  board  of  asHissora. 

Art.        11.  Of  board   of   >'<|iiall7.ntlnn. 

Art.      HI.  Of  taxos. 


ChaptiT  "11.     1  If   license    collector. 
Chanter  :il.     Of  subjects      and     object.?   of 

license. 
Chaptir  :;:■.     Of  collector. 


CH.APTER  29. 

OF   .XSSICSSMENT   UK    PUOPl-.TiTV. 

.\nT.  I.     Of  board  of  assessors. 

II.     Of  board  of  equalization. 
111.     of   taxes. 

.MJTIci.i:   1. 


OF  BO.\IJD  OF  .VSglCSSCJltS." 

Sec.  2070  U«>:ir«l  of  a.ssosHors  <*roate«l. — 'Pin  ic  i.-;  hereby  <'.rcat('(l 
a  Itoard  uf  as.scssors.  coiisi.stiii';  of  a  |ir('.><i(lciil  and  oiic  assessor  of  each 
ass4>ssMient  district,  as  now  cuiistitiilcd.  m-  wliidi  may  liereafter  Ih'  cstab- 
lisli(>d  l)\   the  iiiiiiiiri|ial  assciiihl.x .     i  .M.  ( '..  sec.  lOij;}.) 

Sec.  2071.     lioiitls  of    prt^siiiciit    and    district    a.ssos.sors Tin- 

president  <>l'  ihe  hoard  and  cadi  of  the  dislrici  as.sessoi-s,  before  enlerini; 
iilMMi  their  nflicial  duties,  shall  j;iv(>  honil  to  Ihe  slate,  to  the  satisfaction 
of  tile  niavor.  wiili  three  or  more  sohcnl  securities,  frechohh'rs  of  tlie  city, 
the  said  president  in  the  sum  of  twenty-live  tiionsaiid  dollars,  and  the  dis- 
tri<'f  ass«'ssors  each  in  Ihe  stun  of  twenty-live  hundred  dollars,  conditioned 
for  tlie  faithful  iierforinance  of  tlie  duties  of  tiieir  oflii-e,  which  bonds  shall 
Ik?  executed  in  duplicate,  one  of  wliich  sliall  he  forwarded  to  the  state  audi- 
tor, and  the  other  be  (h'posiled  wilh  Ihe  r(';;islcr  of  llie  ("ily  of  St.  Lonis. 
I.M.  ('..  sec.  ior.4.) 

Chart..  .Vrt.  V.  see.   16. 

Sec.  •_'072.  (jiialifi<-atioii.s  of  iiu'iiiIkts  of  iHiai'd. — The  president 
of  the  board  of  assessors  shall  Im-  of  the  ajje  of  at  least  thirty  years,  anfl, 
have  Imm'h  a  resident  of  the  city  for  at  least  seven  years  next  before  liis  f|iiali 
tication;  and  eacli  district  as.sessor  sliall  have  Ih-cii  a  resident  of  tlie  city 
for  at  least  live  years  next  before  his  i|iialilication  or  competent  for  his 
duties  from  ai'tiial  .service  as  an  assessor  of  iimI  csiaie  in  the  ("ity  of  St. 
Louis  for  taxation.     ( .^t.  <"..  sec.  lO.".".  i 

Ih.  V.  see.  17. 

See.  207.'{.  .\ppoint  iiiciil  of  dfinilic--  Mini  clerks. — The  jiresi- 
(h'lit  of  the  board  of  as.scssors  is  hereliy  anlholizcd  to  ap]ioint.  with  the 
approNal  of  the  mayor,  one  chief  deputy,  two  de]iiities  of  the  lirst  class,  two 


•Pee  Charter.  Art.   V.  »ec.">.    15  to  ;s.  and   M..t.'.   trn 


1(XI8  I:i;VISi:i>  CODE  OR  GENERAL  ORDINANCES.  [CHAr.    20. 

deputies  of  the  second  class,  and  ten  deputies  of  tlie  tliird  class,  one  ab- 
sti'a<!t  clerk,  one  (pi-incipal  draughtsman,  one  assistant  draughtsman,  one 
second  assistant  draiighisnian,  and  such  additional  clerks  as  may  be  abso- 
lutely necessary  for  the  pcrlorniaiue  of  the  work  of  the  office;  provided  that 
the  number  of  siich  additional  clerks  shall  not  exceed  six  during  the  period 
from  (lie  first  day  of  Scptenibei-  to  the  first  day  of  January,  and  twenty-one 
from  the  first  day  of  .January  to  the  first  day  of  t^eptember  in  each  year, 
except  in  case  of  emergency,  when  an  increase  may  be  authorized  by  the 
mayor.     (M.  C,  sec.  1 !).")().  i 

Ih.   V.  sec.  IS. 

Sec.  2074.  (!lerks  a.s  deputies. — The  president  may  authorize  such 
clerks  as  may  be  necessary  to  act  as  deputies,  but  they  shall  receive  no 
additional  compensation  while  so  acting.     (M.  C,  sec.  lO.lT.) 

Sec.  2075.  Preshlont  may  remove  employes. — The  ])resi(ieut  of 
the  board  of  assessors  shall  have  power  to  remove  any  of  the  clerks,  draughts- 
men or  other  emjiloyes  of  the  assessor's  office,  excepting  district  UK.ses.sors. 
and  may,  if  necessary,  appoint  others  in  their  place,  subject,  however,  to  the 
jirovisions  of  this  article.     (M.  ('.,  sec.  1!),")8.) 

.Sec.  2076.  Presiilent's  salary. — The  jiresident  of  the  boai'd  of  as- 
se.s.soi's  shall  receive  a  salarv  of  thirtv-five  hundred  dollars  per  vear.  |iav 
able  monthly.     (M.  C.  sec.  1959.) 

Sec.  2077.  Salary  of  eliief  deputy  assessor The  compen- 
sation of  the  chief  depuly  assessor  shall  be  at  the  rate  of  two  huiulred  dol- 
lars f>er  month,  jiayalilc  iiiontlily.     (.M.  C.  sec.  19G0.) 

Sec.  2078.  Coiiipeiisatioii  of  (listri<'t  assessors. — The  several 
district  assessors  shall  receive  an  annual  compensation  of  eighteen  hundred 
dollars,  to  be  paid  in  monthly  installments.     (M.  ('..  .sec.  liXil.) 

Sec.  2079.     Salaries   of   deputies— clerks    anil   drau^htsiiieu. 

— The  compensation  of  the  deputies,  draughtsmen  and  clerks  shall  be  as 
follows:  Deputies  of  the  first  class,  one  hundred  and  fifty  dollars  jier 
month,  payable  monthly;  deputies  of  the  second  class,  one  hundred  and 
twenty-five  dollars  jier  month,  ])ayal)le  monthly;  de{)uties  of  the  third  class, 
one  Imndred  dollars  ]ier  month  jiayable  monthly;  abstract  clerk,  one  hun- 
dred and  twenty-fi\e  dollars  per  month,  payal)le  monthly;  principal 
draughtsman,  one  hundred  and  twenty-five  dollars  jut  month,  payable 
monthly;  assistant  draughtsman,  one  hundred  dollars  per  month,  payable 
monthly;  second  assistant  draughtsman,  eighty  three  dollars  thirty-three 
and  one-third  cents  jier  month.  ])ayable  monthly;  all  otliei'  clerks,  eighty- 
three  dollars  thirt\ -three  and  one-third  cents  per  month.  i)ayable  monthly; 
exce])ting  such  additional  clerks  as  may  be  employed  during  the  jieriod  from 
the  first  day  of  .lanuary  to  the  first  day  of  Se](teml)ei-.  who  shall  receive 
coiniieiisation  at  (he  i-ale  of  seventy  dollars  per  month,  pavable  monthlj-. 
(.M.  ('..  sec.  19(12.1 

See.     2080.      Pay-rolls,     to     be     <ertifie<l      lo      audit«>r The 

liresident  of  the  board  of  assessors  shall  certify  to  (he  audito!'  the  ]iay-rolls 
of  his  department,  whereupon  the  auditor  shall  draw  liis  wairants  upt)n  the 
treasury,  charging  the  same  to  appropriation  for  assessment  of  revenue.  (M. 
C.  .sec.  19G3.) 


AI;T     l.l  Ol'"    HUAKll   OK    .\PSi:Stil)ItS  lOOM 

St>(!.  2081.  I)iiti«'s  of  |>r«'si»l«>ii( — iiiaj  adiniiiisler  oiitlis — 
(ii\  r«'Jnriis  ;is^i^)  in  apptsils  <l<>sir(Mi  from  (list rid  ass«'SH«>r — 
li  o  II  I' s  —  iiiroriiiat  ion.  It  sluill  In-  llic  duly  nl  the  iiicsiilciii  ut"  the 
lioanl  U)  su|><;iiiiii'iiil  ilic  work  of  llic  disirii-t  assessors,  and  llic  asscssnieiit 
of  iho  entire  eitv;  to  see  tliat  tliey  faitlifully  diseiiatj;e  ilieif  duty,  and  as  far 
as  possilde  malce  the  assessment  uniform  and  equal  tiii-oiij;liout  tlie  city.  He 
shall  take  the  entire  ehar};e  of  the  assessor's  ofliee.  and  all  maps,  plats, 
liooks,  [)apers.  furniture  and  other  property  beloufiinji  to  the  said  ofliee.  He 
shall  he  aeiountahle  for  all  such  plats,  and  shall  not  permit  any  one  of 
ihein,  under  any  pretense  whatever,  to  be  remo\cd  from  the  ofliie.  except 
iho.se  which  may  lie  re(iuired  by  the  district  assessors  for  the  assessment 
of  their  allotted  districts.  He  shall  u.se  all  projier  care  and  dilijieiice  to 
preserve  all  ma)>s,  plais.  hooks  and  papers  helonf:in}:  to  the  office  from  in- 
jury, and  shall  hold  the  district  asse.ssors  responsihle  for  the  return  in  >;ood 
condition  of  all  plats  that  may  be  furnished  to  them.  He  shall  alter  and 
correct  the  office  plats,  aiul  all  jdats  used  by  the  district  assessors  as  re- 
<|uired  by  law.  He  shall  furnish  the  district  asse.ssors  with  all  plats,  blaidis. 
stationery,  instiuitions.  and  all  information  that  may  be  needed  by  them 
for  the  proper  assessment  of  their  res|)ective  districts.  He  shall  receive  the 
return  of  ](ro])erty  of  those  u]ion  whom  the  district  assessors  have  ordered 
notice  except  in  those  cases  wliere  the  district  assessors  make  person  service 
and  shall  administer  tlie  oath  required  by  law.  He  may  appoint  one  or  more 
of  the  clerks  in  his  office  as  dejiuties,  and  he  or  they  shall  be  authorized  to 
administer  the  oath.  He  shall  furnish  jiaper.  blanks,  and  all  necessary  in- 
formation to  persiuis  desirin^r  to  make  apjieal  from  the  assessment  of  the 
district  assessiU-.  He  shall  in  iiersoii  be  :il  his  office  excry  worUinj;  day.  diir 
iuj;  office  hours,  except  when  enj;aj,'ed  in  his  dniies  as  assessor,  or  absent 
on  leave,  and  shall  furnish  informati(Ui  on  all  matters  pertainiti;^  to  the  as- 
sessment of  property,     t  M.  C,  sec.  lflG4.) 

Tlie  pre.sldpnt  of  the  board  sliall  causp  to  be  prepared  plats  covi-rluic  all  tr.-iot.s 
and  lots  of  land  In  the  city:     R.  S.   !«!!!».  s-r    9169. 

Sec.  2082.  QiiaUficalion  and  (luli«-s  of  ('liiff  <l<'i)n(\ — I'lif 
cliief  de[iuty  shall  be.  in  all  I'especls.  ipialified  by  attainments  and  ex|)eri- 
ence  to  conduct  the  operations  of  the  office,  and  shall  perform  all  duties 
ilevolved  upon  the  president  of  the  bo.ird  by  law  or  ordinance  during'  the 
absence  of  the  president  from  the  office.     (M.  C...  sec.  I!)!).").  ( 

Sec.    20S.i.        .Vs.st'ssnioiits,  when    to  ho     nuule— rojxn-l,     vtr. 

It  shall  be  the  dut\  of  distriit  assessors  to  .issess  the  ]ii-opeily  within  the 
districts  for  which  iliey  are  ap|iointed  under  fhe  direction  and  superintend- 
ence of  the  president  in  the  manner  jirovided  by  law.  They  shall  commence 
their  assessment  on  the  Hist  day  of  .lune  in  each  year,  and  coni|ilete  the 
same  and  make  their  final  report  to  the  president  on  or  before  the  fii-sl  .Mon- 
day in  January  ndjowin'r.  Eacli  report  shall  lie  verified  by  the  affidavit 
lliereto  of  the  assessor  making  it.  that  he  made  the  assessment  contained 
in  his  report  impartially  ami  correctly  to  the  best  of  his  ability  and  judge- 
ment, and  uninfluenced  by  fear  of.  or  fa\iir  by.  or  towards  an\  one.  i  M.  ("., 
.sec.  lotn;.) 

Chart..  Art.  V.  «ec.   16. 

Sec.  2084.       .Vs.sessoM-nt    iMslrict    ('stablislH'd The  City  of  St. 

Louis  is  hereby   laid  off  in   ten  assessment   districts  ;ind  the  Imiindaries  of 
the  same  are  heieb\  established  as  follows;*     i  .M.  ( '..  .sec.  I'.KIT.  i 

•The  boiimliirl.-s  t>f  nil  of  tin-  •ll.>itrU't.«  wiTi'  nItiTcd  by  ord.  229nn,  aiiprnved 
Mari-h  21.  19ftT  tafliT  the  approval  of  the  Revlned  Code,  and  henee  too  late  to 
appear  therein >.     See  thl«  ordlnancf  net  out  In  full   in  Appendix. 


1010  REVISKD  coDi:  on  OKXKiiAi.  or;iiiNAXcr-;s.  ICHAI".  29 

Sec.  2085.  First  district.* — Shall  ciubiaif  all  tiiat  tcmtory  bound- 
ed on  the  north  by  ("iiordkce  street  from  ili.ssissii)iii  Eivei-  to  Grand  avenue 
and  McDonald  avenue  Ironi  (hand  avenue  to  IJent  avenue,  thence  norttf 
along  west  line  of  Bent  avenue  to  Ar.senal  street,  thence  west  ^jlong  Arsenal 
street  to  Tower  Grove  avenue  extended  south  through  Tower  Grove  Park, 
thence  north  through  Tower  Grove  I*ark  and  Tower  Grove  avenue  to  Mag- 
nolia avenue,  thence  west  along  Magnolia  avenue  to  Kiugshighway  boule- 
vard, thence  west  along  ("olunibia  avenue  to  its  junction  with  Old  Manches- 
ter road,  thence  west  along  Old  Manchester  road  to  city  limits  of  eighteen 
hundred  and  seventy-six:  east  by  the  Mississip]>i  Kiver;  south  and  west  by 
citv  limits  of  eighteen  hundicd  and  seventy-six.  ( Ord.  21025.  amending  M. 
C.."secs.  1008-1977.) 

Sec.  2086.  Second  district.' — P.ounded  on  the  north  by  Trudeau 
street  and  North  Trudeau  street  from  Mississippi  Kiver  to  Broadway,  and 
Shenandoah  avenue  from  Broadway  to  Tower  Grove  avenue;  on  the  east 
by  the  Mississippi  River:  on  the  south  by  Cherokee  street  and  McDonald 
avenue:  on  the  west  by  Bent  avenue  and  Tower  Grove  avenue  and  its  ex- 
tension through  Tower  (irove  I'ark  to  Arsenal  street.     (/&.) 

Sec.  2087.  Third  district,* — Bounded  on  the  south  by  the  north  line 
of  the  Second  district:  north  by  Miller  street  from  Mississippi  River  to 
Broadway  and  Park  avenue,  from  Broadway  to  Tower  Grove  avenue;  on  the 
east  by  the  Mississippi  River,  and  on  the  west  by  Tower  (irove  avenue.     iU>.) 

Sec.  2088.  Fourtli  district.* — Bounded  on  the  south  by  the  north 
line  of  the  Third  district:  on  the  east  by  the  Mississippi  River:  on  the  north 
by  Clark  avenue  from  the  Mississippi  River  to  junction  of  Clark  avenue 
witli  Manchester  avenue,  thence  west  along  Mancliester  avenue  to  south  line 
of  Clayton  avenue,  thence  west  along  Clayton  avenue  to  Sarah  street,  tlienee 
south  along  Sarah  street  to  south  line  of  Manchester  avenue,  thence  west 
along  ^lanchester  avenue  to  Tower  Grove  avenue,  thence  south  along  Tower 
Grove  avenue  to  Park  avenue,  point  of  beginning.     {Ih.) 

Sec.  2089.  Fiftli  district.* —Bounded  on  the  south  by  the  nortli  line 
of  the  Fourth  district :  on  the  north  by  Lucas  avenue  from  ^Mississippi  River 
to  Grand  avenue  and  DelniaT-  boulevard  from  Grand  avenue  to  Sarah  strwt; 
on  the  east  by  the  Mississipi>i  River;  on  the  west  by  Sarah  street.     (lb.) 

Sec.  2090.  Sixtli  district.* — Bounded  on  the  south  by  the  nortli  line 
of  the  Fifth  district;  on  the  north  by  MuUanphy  street  from  Mississijipi 
River  to  Broadway  and  Cass  avenue,  from  Broadway  west  to  its  juncti<ui 
with  Easton  avenue,  thence  west  along  Easton  avenue  to  Sarah  street;  on 
the  east  by  the  Mississipjii  River:  on  the  west  by  Sarah  street.     (Ih.) 

Sec.  2091.  Seventh  district.* — Bounded  on  the  south  by  the  norih 
line  of  the  Sixth  district ;  niu-th  by  St.  Louis  avenue  from  Mississipi)i  River 
to  Tenth  street,  Hebert  street  fi'om  Tenth  street  to  Prairie  avenue,  and  Ash- 
laud  avenue  from  Praiiie  avenue  to  Sarah  street;  east  by  the  Mississijipi 
River,  and  west  by  Sarah  street.     (lb.) 

♦The  boundarie.s  of  earh  of  the  ten  districts  were  changed  by  ordinance  22930. 
approved  March  21.  1907.  after  the  passage  of  the  Revised  Code.  See  ordinance 
.set   out   in  Appendix. 


AI!T      I.I  OK    HUAKIl    OK    ASSlOSSOltS,  1011 

See.  2<t!t2.  Ki^Tlitli  (list rirt. *  — Hdimilfd  on  tlu'  south  liy  tlic  iiortli  lim- 
«)f  llic  Si'vciilh  ami  lOijililli  distiirts;  cast  U\  llic  .Mississijipi  l{i\i'r;  iioilli 
ami  west  lt_v  city  limits  of  cifiliti't-ii  linmlrol  ami  scvciitv  six.     (/^.| 

Sff.  20!»;{.  Ninth  distrirt.'— Houml.'d  on  tlif  muiiIi  1)v  lin-  north  iim- 
€>f  the  Tenth  ilistiict ;  cast  h.v  Sarah  stnn't  fnim  Finncv  avciuie  to  Ashland 
avcnnc.  and  rhiv  avt-niK-  from  Ashland  avenue  to  Nainral  liiidp-  toad;  north 
l)_v  Natural  l!ii<l;;e  road  from  ('lav  avenue  to  »it\  liniils  ot  eij;iileen  hundred 
and  sevelitN-six.  ancl  oii  the  Wfst  t<\  i-ity  litnits  ol"  eii;hti'eii  hundrecl  ;inii 
seventx  six.     ( Ih.  I 

See.  2(I!M.  Tt'Iltll  «lisfri«'f.*  UouiidcMJ  oil  llic  SDiilh  li,\  Ihi'  noiih 
line  of  First  distrirl;  north  liy  Finne\  a\en\ie  from  Sarah  slreel  to  Taylor 
avenue,  thenee  west  alouj;  renter  line  of  Lewis  place  lo  Walton  avenue. 
Fountain  avenue  from  Walton  avenue  to  Kin;j;sliif;hwa\  l)oiile\Mrd,  Cahanne 
avenue  from  Kiiifrshi-ihway  boulevard  to  rnion  lioule\ard.  .Maple  avenue, 
from  I'nion  lioulevard  to  eity  limits  of  eij;liteeii  hundred  and  seventy  six; 
east  l»y  western  line  of  Hislricls  Two.  Tlirei-.  l-'our.  l''i\<'  and  Six.  and  west 
by  eity  limits  of  eijihteeti  hundre<i  and  seventy-six.      (  Hi.  i 

Sec.  20!>5  .\<l«litM>nal  «luti«>s  of  (listrit-f  asst'SHors — iiotico 
of  (liir»'r»'iict'  in  fax  ass^'ssint'nf s.  .\ll  distriet  assessors  a])i)ointed 
by  the  iiia.\or  and  eonlirmed  by  the  coumil  shall  hold  (heir  oftice  in  aceord- 
anee  with  seel  ion  two,  article  finir,  of  tlie  cliarter;  shall  be  under  the  con- 
trol of  the  ]iresideiit  of  the  board  of  assessors;  shall  obey  all  oi'ders  einanal- 
iiif;  from  said  officer,  and  shall,  in  addition  to  all  other  duties  ])resci'ibed 
l>y  charter  and  ordinances  and  after  the  tirst  of  .lanuaiy  in  eacii  year,  and 
until  the  adjonrnnient  of  the  boaitl  of  ei|iiali/.at  ion.  coiilinue  to  ^ive  tlieii' 
services  to  the  city  for  the  imrpose  of  revisiuf;  their  assessuieni,  e(|uali/.in;;' 
real  estate  and  jiersonal  jiroperty,  examining  the  returns  madi'  in  the  oftice 
l)y  tlie  tax  payers,  et  cetera;  and  should  there  W.  a  material  dilVerence  in  the 
values  of  personal  property  as  made  by  the  ]iroperty  holder  and  the  district 
as.sesscu-.  it  shall  be  the  duty  of  the  district  assessor  to  at  once  notify  the 
owner  or  a;;eni  that  such  ditference  exists,  and  that  he  may  be  heard,  jiivinj: 
time  and  jilace  of  such  meetin-i.  with  the  object  in  yiew  of  a  more  eflicient 
and  com|ilete  assessment.  After  the  adjournment  of  the  board  of  ei|uali/.a- 
tion  and  until  they  commence  their  assessment,  it  shall  1m'  the  duty  of  the 
distriet  asse.s.sors  to  review  their  n'siK'ctive  districts,  cidlectin;;  u.seful  data 
for  tlieir  next  assessments,  such  as  rompilinji  an  absti-act  of  all  bona  tide 
sales,  examiniu';  buildin;p<  in  i'our.se  of  erection,  or  other  desirable  infor- 
nuition  conci-rninj;  ix-rsonai  pro|M'rty.     (M.  {'..  .sec.  r.ils.  i 

TIh'  axHiKHor  rannot  raise  lln-  nliirn  miiil<-  l>.v  ii  i>r<i|itiiv  i.wn.  r  wllliout  imtln- 
to  him:     State  ex  rt-l.  vs.  Spencer.  IH  Mo.  .i<1. 

Sec.    20!t»i.     N«)tir<'   of   roiiipU'tioii    of    hool<.s   (<»   \tv    ffivi'n. — 

— .\s  soon  as  the  assessment  books  arc  <ornpleie<l.  the  president  of  the  boiird 
shall  fiive  one  week's  published  notice  in  the  daily  newspajH'rs.  one  of  which 
shall  tie  printed  in  (ierman.  that  said  books  are  open  for  ins]ieclion.  and  stat- 
in;; the  time  when  the  boanl  of  eipiali/.at  ion  will  be  in  session,  i  M.  (.'..  sec. 
1!»7!t.» 

Chnrl- r    .^r(     V 

See.  20'.I7.  K«»«*«ini«>r  «»f  «lrr«ls  to  ilrlivrf  «li-«'<l^,  <'t«-.,  to  prt'si- 
«l«*nl.  -    The  re<«»rder  of  de«*ds  of  the  <'it\  of  St.  Louis  is  hereby  i-eipiiri'd  to 

•Th.>  b<iunclari<>B  of  each  of  the  ten  dlstrli-ln  \v<Tf  chiinKcil  by  orillnanre  2l!03«. 
approveil  March  21.  1S07.  after  the  paKitHK''  ■■'  "•■  !;•  -t-—!  •'■•.I-  S.—  onMnancf 
set  out   In   Appendix. 


1012  ni;\"ISKIi  rdDK  OR  GKNKHAr,  ORIJINANCKS.  [CHAP.    29. 

deliver  to  the  president  of  the  hoard  of  assessors,  from  day  to  day,  when 
required  of  him,  and  tlie  day  after  the  same  shall  have  been  recorded  and 
coinjiared.  all  deeds  and  other  instruments  in  writing,  filed  in  his  office,  by 
which  any  change  in  ownership  is  made  in  any  of  the  real  estate  of  the 
City  of  ISt.  Louis,  and  the  president  of  the  board  shall,  without  unnecessary 
delay,  make  such  changes  ui)on  the  plats  in  his  office  as  said  deeds  and  other 
instruments  may  reipiire.  and  forthwith  rotui-n  such  deeds  and  other  iustru- 
jiietils  to  said  recorder,     i  M.  (J.,  sec.  198(1.) 

Samp  as  Charter.  Art.  \*.  sec.  21. 

Sec.   2098.     Costs   and    expenses  of  assessment,    how    met. 

— .Ml  the  costs  and  e.\pens(>s  of  tiie  assessment  shall  he  allowed  and  paid  by 
the  ("ity  of  St.  Louis  in  the  same  manner  as  other  demands  against  the  city 
are  allowed  and  paid,  and  when  the  aggregate  for  each  year's  assessment 
shall  have  been  ascertained,  the  auditor  of  St.  Louis  shall  certify  the  same 
to  the  state  auditor,  whose  duty  it  shall  be  to  draw  his  warrant  in  favor 
of  the  Citv  of  St.  Lotiis  for  one-half  of  said  assessment  as  provided  bv  law. 
I. M.  C  see.  1981.) 

Sam*:-  as  Charter.   Art.   V.   sor.   2:'.. 

ARTICLE  n. 

OF    l;0.\HI)    OI"    F.QUALIZATlciN'." 

Sec.  2099.  Board  of  equalization — diities  and  office  of — 
ai>peals  to.— There  is  hereby  established  a  boani  of  equalization,  consist- 
ing of  the  i)resident  of  the  board  of  assessors,  who  sliall  be  president  thereof, 
and  four  discreet  and  experienced  real  estate  owners  of  the  City  of  St.  Louis. 
of  a  prior  residence  thei'ein  of  ten  years,  who  shall  be  ajipointed  by  the 
judges  of  the  Circuit  Court  of  the  Eighth  .Tudicial  Circuit,  on  the  second 
Monday  of  March  annually.  The  duty  of  said  board  shall  he  to  adjust,  cor- 
rect and  equalize  the  valuation  of  real  and  ])ersonal  property  in  .said  city. 
It  shall  meet  at  ten  o'clock  in  the  city  assessor's  office  on  the  third  Monday 
in  March  annually,  and  shall  remain  in  session  for  four  weeks,  if  business 
i-erpiires  it,  and  no  longer.  Said  board  shall  hear  and  determine  all  appeals 
in  a  summai-;\"  manner;  they  shall  also  do  and  perform  all  other  duties  ira- 
l)osed  on  or  re(|uir(>d  of  them  by  section  Iwenty-four  of  article  five  of  the 
cily  charter,     i  M.  C..  sec.  1982.  i' 

Sec.    2100.     Compensation     of     hoard     and     carpenter.— The 

compensation  of  each  of  the  members  of  said  board  (excepting  the  president 
thereof)  shall  be  five  dollars  for  each  day's  actual  service  as  a  member  of 
said  board;  b)it  no  compensation  shall  be  given  to  members  for  days  they 
may  be  absent  from  the  rcgulai-  meeting  of  said  board.  The  compensation 
of  th<'  carpenter  and  practicil  builder  shall  he  t'ight  dollars  for  each  day's 
actual  service  while  he  is  eiiiplu\<'d  by  the  board,     i  .M.  ('.,  sec.  1983.1 

•See  Charter.  Art.  V.  sees.  24  to  2S.  and  authorities  there  cited.  If  the  as- 
sessed owner  does  not  appeal  to  the  board,  as  provided  by  law.  lie  can  not  be 
heard  to  complain  so  long  as  his  property  is  clearly  taxable  under  some  law: 
State  ex  rel.  vs.  Tobacco  Co..  140  Mo.  21S:  St.  Louis,  etc..  Ins.  vs.  Charles.  47  Mo. 
462.  The  board  of  equalization  or  appeals  acts  judicially,  its  orders  are  not  im- 
peachable collaterally,  except  for  fraud  or  lack  of  jurisdiction:  State  ex  rel.  vs. 
V'alle.  122  Mo.  .>:!;  hence  certiorari  is  the  proper  mode  of  reviewing  its  proceed- 
ings; State  I'X  rel.  vs.  Dowling.  50  Mo.  134:  Ward  vs.  Board.  135  Mo.  309.  The 
right  to  appe.al  to  the  board  of  equalization  is  equivalent  to  "a  day  in  court."  so 
to  speak:  .^tate  ex  r>l.  \  s.  Cuniniinijs.  IIM  Mo.  I.  e.  •'■?;  ,**tate  ex  rel.  vs.  Seaborn. 
139  Mo.  1.   c.   609-610. 


i-UAiv  ;!«,!  Ill-  LicKNSH  rouLHi'TDi:  ank  licknsk  kioviskjn.  lOlH 

St>o.    21(11.       Qiialilicatioiis    of    hiiihier— oaOi    aiul    tliitios 

Tin-  <:ir|i('iit('f  ami  |ii-artifal  liiiililci-.  \\\\i>  iiia.v  ho  ciiiplnvcd  liv  the  hoard, 
sJiall  ])i)s.st'ss  rlie  (iiialitii'ations  of  a  iiifirilici-  Ilicrcor,  and  tic  cxjici-iciicod  iis 
a  <ar|ionter  and  pracliial  liuildor  of  juildic  and  piivatt'  edil'Rcs.  and  before 
t'nlciiii^  on  liis  ilnties  he  shall  take  and  snhs<  riho  to  aii  oath  before  the  city 
ref;isicr  that  he  will  faithfnll.v  and  iiiiiiari  iall.v  estimate  the  cash  value  of 
each  Imildini:  i-eferi-ed  to  him  by  the  boai-d;  he  shall  be  in  allendance  every 
day  dniiiii;  the  session  of  the  boafd.  except  when  absent  on  dtity  in  fefj'f- 
eiice  to  niaiicis  icIcT-rcd  to  him.     (M.  <"..  sec.  1!I84.I 

Sec.  21(»_'.  Pay-roll  of  hoard,  to  show  what. — Iniiaediiitcly 
after  the  tinal  a<lJoiirnment  ol  the  board  of  et|uali/alion  in  each  year,  the 
pn'sident  of  the  board  of  assessors  shall  make  out  and  certify  a  jjay foil, 
and  state  therein  the  nnniber  of  days  actn.illy  served  by  each  member  of  the 
board,  and  the  nnmber  of  days  served  by  the  carpenter  and  (iraclical  builder 
enijiloyed  by  them,  and  the  total  amonnt  each  of  ihem  is  entitled  to  receive 
as  compensation  in  full  for  their  services  under  this  article;  he  shall  send 
said  fiay  roll  to  the  city  auditor,  who  shall  draw  his  warrant  on  the  <ity 
treastin'f  for  the  amount,  and  charfre  it  to  the  account  of  nssessnient  of  Ihu 
revenue,      i  M.  ('..  sec.  l!lS."i.  I 

AKTlfl.i:    111. 

OK  TAXi;s. 

Sec.  2103.  Tax  \v\y  aiiniiall.v. — Fur  tlie  support  <>(  the  city  f:ov- 
ernment.  payment  of  the  cii\  debt  and  interest  thereon,  and  for  the  im- 
provement of  the  city,  a  tax  shall  be  levied  annually,  to  be  fixed  by  ordi- 
nance, upon  :ill  property  math-  taxable  by  the  laws  of  the  slate,  within  the 
limits  of  the  city.     ( .M.  C.  sec.  I<l8(i.) 

S.f  CImrtiT.    .\it.    V.   nil. I    iiiit.s    linn  tu.      Tlw    pii  riiitiiKi-   of    ta.\uti<m    l.s-    tu    In' 
nxcci    by   <irdln!in(f:      Chart..    Art.    V.    sc-f.    27. 


CHAPTER  30. 

Ill"  i.ii'i:.NSK  ri  ii,i,i;<'Tiiif  A.Mi  i.iim:.\si-:  i;i:\isi<i.\. 

•K.v  thi-  net  of  Itx-  O-niTal  .Vn.sfmlily  (SU'.s.ilon  Ijiw.s  liiin.  pp.  Ml  to  S2.  :<,.t  mil 
heroin,  on  pages  1«7-1SS.  "Stati-  Law.i  Specially  -Applieable  to  St.  Louis."  Chap. 
17.  sees.  3S2-392).  the  duties  of  the  llcenne  rommisiiaiur  were  and  now  are  ru- 
ijulred  to  he  performed  by  a  lleensi-  collftlor  This  act  creates  the  olTloe  of 
L.loinse  Collector  In  cities  of  over  SOii.OOfi.  provides  for  the  election  of  such  of- 
tliiT  reiiiilate.x  Ills  salary,  and  that  of  his  deputies  and  employes,  iletlne}!  Ills  ami 
their  duties  and  provides  that  the  city  collector  or  license  commissioner  turn 
over  Ihi'  books  and  Information  pertainintr  to  these  matters  to  the  license  col- 
lector  thus  created.  The  office  nf  license  commissioner  Is  therefore  extlnRUlshi.'d 
and  that  of  license  collector  substituted  therefor,  so  that  the  former  provisions 
of  the  ordinances  In  effect  apply  to  the  license  collector.  Hy  section  7  of  the  act 
of  l!>(il  It  Is  provld<-d  that  "every  person,  llrm.  association  or  corfioratlon.  shall  owe 
to  the  llo-nse  collector  all  anil  every  diit.v  now  due  by  Miw  or  ordinance  to  the  ilt\ 
collector  of  the  revenue  or  to  the  license  commissioner,  or  other  city  officer  of 
such  city,  with  reaped  to  the  assessment,  levy.  Issue,  transfer  or  rovoklnB  of 
licen.ses.  or  llci  nsi-  taxes,  for  uny  purpose  whatever;  nil  and  every  duty  of  salil 
city  collector,  license  commissioner  and  other  officer  of  such  city  imposed  by  law 
<ir  ordinance  with  respect  to  the  assessment,  levy.  Issue,  transfer  or  revokInK  of 
license  or  license  taxes  for  any  purpose  whatever  Is  hereby  transferred  to  the 
offlcv  of  license  collertor  created  by  this  net."     Since  this  act  operates  to  sii|>er- 


1014  REVISED  CODK  OR  GENERAL  ORDINANCES.  [CHAP.    30. 

sede  all  incctnsisteiit  ordinances,  sec.  1  thereof  displaces  M.  C.  sec.  1987,  now  R. 
C,  2104,  (which  had  created  the  office  of  commissioner);  sec.  2  (providing  for 
the  election  of  the  license  collector,  his  term,  bonds,  etc.)  supersedes  inconsistent 
provisions  of  the  Mun.  Code  contained  in  sec.  1988.  now  H.  C.  2105;  M.  C,  1999. 
now  R.  C.  2116,  etc.,  on  the  same  subjects,  as  well  as  M.  C.  sec.  2002,  now  R,  C. 
2122,  referring  to  location  of  his  ofHce  in  City  Hall.  Sec.  3  provides  that  all 
licenses  except  water,  drainsliop  and  boat  or  wharfage  licenses  be  issued  l>y  the 
license  collector,  thfreby  superseding  M.  C.  sec.  1989,  or  R.  C,  sec.  2106,  which 
conferred  the  like  powirs  on  the  commissioner:  said  sec.  3  also  supersedes  M.  C, 
sec.  1992,  or  R.  C,  sec.  2109,  as  to  revocation  of  licenses,  and  M.  C,  sec.  1998, 
R.  C,  sec.  2115,  upon  the  subject  of  prevention  of  carrying  on  businesses,  etc., 
without  licenses,  and  reporting  such  violations  to  police  court.  See.  5  of  tlie  act 
supersedes  similar  provisions  in  M.  C,  sees.  1090  and  1991,  being  Rev.  C,  sees. 
2107,  210S,  on  subject  of  application,  statement,  form,  payment  in  advance,  re- 
ceipts, etc.  Sec.  6  of  the  act  supersedes  M.  C,  sec.  1993,  or  R.  C,  sec.  2110,  with 
respect  to  the  record  and  classification  of  licenses,  with  which  it  is  nearly  iden- 
tical, except  as  to  tlie  name  of  the  officer.  And  sec.  4  of  the  act  (providing  for 
turning  over  by  city  collector  or  license  commissioner  to  the  new  officer  of 
books,  papers,  etc..  and  imposing  on  the  latter  the  duty  of  collecting  all  informa- 
tion necessary  to  taxing,  levying  and  issuing  licenses,  etc.)  supersedes  M.  C, 
sec.  1994,  or  R,  C.  2111;  sec.  7,  above  quoted,  displaces  M.  C,  sec.  1997,  or  R.  C, 
2114;  sec.  8  supersedes  M.  C.  sec.  2003,  or  R.  C,  2123,  with  which  it  was  identical; 
and  sec.  9,  providing  for  employes  and  their  salaries,  displaces  M,  C  sees.  2000, 
2001,  or  R,  C,  2117  and  2118.  Sees.  2004  and  2005,  or  R.  C,  2124  and  2125,  are 
also  set  aside  by  the  effect  of  the  new  act. 

It  is  thought  best  not  to  undertake  to  omit  from  this  revision  these  superseded 
provisions,  since  they  have  not  been  formally  repealed  by  the  Municipal  Assembly, 
and  possibly  opinions  ma.v  not  always  coincide  as  to  the  extent  of  their  extinction 
by  the  new  statute;  lience  they  are  retained  and  such  sections  as  it  is  thought  are 
superseded  arc  indicated  by  being  enclosed  in  brackets,  with  a  notation  of  the 
statutory   sections  with  which  they  are  supposed  to  be  incompatible. 

Sec.  2104.     [Office  of  license  eoiiimi.ssioiier  <!reatetl There  i.s 

hereby  created  the  ot'fite  of  Ikense  commissioner.]     (M.  C,  sec.  1987.) 

Annulled    by    force   of  Acts   1901,   p.    80,  sees.    I.    7.      See   preceding   note. 

The  fact  that  an  ordinance  misdescribes  the  license  collector  as  city  col- 
lector (imposing  duties  cast  by  tlie  statute  on  the  former),  wliere  it  is  obvious 
that  the  former  is  intended,  there  being  no  officer  corresponding  to  the  one  so 
designated,  will  not  avoid  the  ordinance  as  in  conflict  with  the  act  of  1901.  St. 
Louis   vs.   Grafemun  Dairy  Co..    I'JO  Mo.    492,    505. 

Sec.  2105.     [License  comniissioner — uppointinent  ;in<l  term. — 

Ou  or  after  April  fourteenth,  one  thousand  eight  hundred  and  ninety-seveu, 
jiiid  every  four  years  thereafter  the  mayor  shall  appoint,  subject  to  the  aj)- 
jiroval  of  the  council,  a  license  commissioner,  who  shall  hold  his  office  for 
four  years  and  until  his  successor  shall  be  appointed  and  cpialitied.]  (M. 
C,  sec.  1988.) 

Superseded  by   .\ets  1901,  p.   80,  sec.   2. 

Sec,    2106.       [All    licenses,    except,    to    he     issued     by. — The 

liceii.se  coniniissiouer  shall  have  exclusive  authority  in  the  ('ity  of  St.  Louis 
to  issue  all  licenses  and  recei[)ts  for  license  tiixes,  except  water,  dramshop 
and  boat  or  wharfage  licenses.]     (M.  C,  sec.  1989.) 

Superseded  by  Acts  IMOI,   p.   SO.  sec.  3. 

Sec.  2107.     [Applii-ation  for  license — statement  as  to  amount. 

— Any  person  desiring  lo  obtain  a  license  or  to  pay  a  license  tax  shall  make 
apjilication  to  the  license  commissioner,  accompanying  it  with  such  state- 
Mieiits  and  affidavits  :is  may  now  or  hereafter  be  retpiired  by  law  or  ordi- 
nance. The  license  cummissioner,  as  soon  thereafter  ;is  practicable,  shall 
give  to  the  api>licanl    a  statement    in   writing,   tlint    upon   the   paymtMit   of 


(MAP.   30J  Ol-  LRMONSK  COLLECTOR   AM'    I.UlONSi;    ItlOVISION  1015 

f .  .  .  .  (stating  ilic  aiiioiiiil  of  the  license  tax  tn-  tax  rci|iiirc(l  by  law  ov  ordi- 
iiatiri'),  a  lifcnsc  oi-  lax  riMcipi  as  ilic  rasi-  mav  Itc.  will  be  issued  to  such 
applicant.]      (.M.  ('.,  sec.  l!t'.)(l.) 

Sliporsoiloil    l>v    Acts    l!>ni,    p.    <!I.    Hfr,    - 

Sec.  Jlii^.  [I'ii,>  iiM-iit  ol  aiiioiiiit  ol  li<"«'us*'  prior  (o  is.sii- 
iiiK'C. — rpou  receiving  the  statement  mentioned  in  the  piecedin}^  .section, 
the  applicant  shall  pay  to  the  city  collector  the  amount  named  in  such 
.statement,  takiii>;  thereroc  and  delivering;  to  the  license  coinmissioiicc  dupli- 
cate recei|)ls.  kiic  of  which  shall  lie  tileil  with  the  city  comptfollcf.  and  tiic 
other  shall  lie  tiled  with  the  license  commissionei-.  who  shall  then  issue  the 
license  m-  tax  i-ei-eipl  to  the  ajiplirant  I'nr  tin-  pci-idd  rcipiircd  li\  law  (ir 
.iidiiiame.]     i  M.  (".,  sec.  I'.Mtl.j 

SuptTSi'ded  l>y   .Vrt.s  11101.  p.  81.  soi-.  D. 

Sec.  L'lOii.  [Kovokiny  lirtMist'.  The  li( cnsc  rdnmiissidiicr  slmll  have 
rtiiihoi-ity  to  revoke  any  liieiise  li.\  hini  iiiaiiled.  it  the  person  to  wlioni  the 
lictMise  has  been  issued  shall  lia\e  been  cunvicted  ot  the  violation  of  any  of 
the  provisions  of  the  laws  or  urdinances  relative  to  such  licenses.]      I.M.  ('., 

sec.  i:t;i:i.i 

Now  gdvorm-il   hy   Aits  lOfil,  p.   Sft.  sfo.   n. 

Sec.  2110.  [lU'cord  and  cla.s.siliratioii  of  lirt'iisos. — The  license 
commissioner  shall  keep  ii  separate  record  for  each  kind  of  license  or  tax 
receipt  which  he  is  authorized  to  issue,  in  each  of  which  shall  be  rec<ir(h'd 
the  names  of  all  applicants  for  such  licenses,  the  |ilace  at  which  the  apjili 
rant  is  iierniitted  to  condiiet  the  business  antliori/.ed.  if  the  license  is  for 
such  |iiiriiose,  otherwise  the  jilace  of  business  or  residence  of  the  aiiplieanl. 
and  the  date  of  the  issuance  of  the  license,  all  of  which  shall  be  |iiiblic  and 
o|H"n  to  the  insiiection  of  any  citizen  who  desires  to  insjiect  the  same.  He 
shall  also  kwp  all  statements  and  aflidavils  furnished  him,  which  shall  not 
Im'  public  but  shall  1k>  open  to  the  mayor,  comptroller,  and  of  such  officers 
as  may  be  provided  by  ordinance  now  or  hereafter.]     (M.  ('.,  sec.  It)!).'!.) 

Now   Kovirntd   hy  Acts  1901.  p.  SI.  sec.  6. 

St'c.  2111.  [Dulit'.s  of  Iic(>ns(>  coiiiiiiissioiuM*. — It  sliall  be  iheduty 
of  the  license  commissioner  immediately  after  lakin^j  chai'fic  of  his  office  to 
obtain  from  the  collector,  and  it  is  hereby  made  the  duly  of  ilic  colleclor. 
to  transfer  to  said  licen.se  coniniission(>r.  all  books,  pajiers.  data  and  blanks 
relatiuf:  to  the  assessin;;.  levyiii;;.  issuing,  tiansfeirin^  anil  revokin;;  of 
licenses  and  license  taxes.  The  license  commissioner  sliall  at  once  proceed 
and  obtain  a  complete  list  of  all  persons,  tirins.  associations  and  corpora- 
tions who  are  required  under  the  laws  or  ordinances,  to  obtain  a  license  or 
pay  a  license  tax,  and  he  shall  collect  all  information  which  may  be  neces- 
.sary  for  the  proper  a.s.sessiii};,  levyin<j  and  issiiin;;  of  licenses  and  license 
taxes.  Such  lists  and  such  information  shall  be  kept  in  projier  books,  and 
shall  be  chaiified  from  time  to  time  to  accord  with  clian;;es  in  the  facts;  and 
it  shall  Im'  the  duty  of  the  license  commissioner  to  keep  such  lists  and  state- 
ments at  all  times  as  nearlv  complete  and  coifeii  as  possible.]  ( .M.  • '.,  sec. 
1!t!t4.) 

.Vets  1901.  p.  SI.  »ci\  i. 

Sec.  2112.  Hoard  of  Ii<'onso  rcvi.xioii. — Tln-re  is  hereby  estali- 
lished  a  board  of  license  revision,  consistui^  of  three  discnn't  aiul  experi- 
encpd  real  estate  owners  of  the  City  of  St.  T^ouis,  of  a  prior  residence  therein 


lOlG  RKVisKi)  CDDi';  oil  i:hxi;j;ai.  <_>i;iii.v.\N"i'i';s.  ichap.  xo. 

ul  Icii  years,  who  shall  lie  a|i|i(>iiilcii  by  the  coiiTu  il  in  the  iiuinlh  ot  May. 
aiimially.  U  is  hereby  made  the  duly  of  said  board  ro  review,  adjust  and 
cofi't'ct  tlic  lists  of  persons  wlio  are  to  ])ay  licenses  and  lieense  taxes  in  saici 
cify.  Said  board  shall  meet  on  (he  third  Tuesday  of  June  annually,  and 
shall  remain  in  session  for  four  weeks,  if  business  re(|nires  it.  and  no  lonj;er. 
Said  l)oard  shall  iiear  and  determine  all  ai)peals  in  a  summary  manner, 
shall  revi(>\v.  adjust  and  correcl  the  license  and  licens(>  tax  books  accord 
inyly,  shall  determine  as  far  as  possible  whether  all  persons  have  been  listed 
who  are  re(piired  to  have  a  license  or  pa.\  a  license  tax,  and  whether  all  per 
sons  have  made  correct  returns  where  s>ich  returns  are  recpiired  by  law  or 
ordinance  in  connection  with  licen.ses  and  license  taxes,  and  to  this  end 
shall  add  or  strike  off  names.  It  is  hereby  also  made  the  duty  of  said  board 
to  carefully  examine  all  bonds  which  have  been  <>iveii  to  the  collector  undei- 
the  provisions  of  the  laws  and  ordinances  relatinj;  to  licenses  and  license 
taxes,  and  before  final  adjournnjent  to  i-ejiort  in  writinij  to  Ihe  mayor  any 
and  all  bonds  which  are  not  in  due  form  of  law.  or  of  whose  solvency  ( there  i 
is  any  reasonable  doubt,  and  also  a  list  of  all  cases  where  Ihe  collector  has 
failed,  insprojierly,  to  require  a  bond  to  be  filed.  It  is  hereby  made  the  duty 
of  the  collector  to  render  such  assistance  and  to  jjerform  such  services  in 
connection  herewith  as  the  said  board  may  direct,  and  all  the  books  and 
papers  in  the  collector's  office  shall  be  ojien  to  the  members  of  the  board  of 
license  revision.  The  said  board  shall  have  ]iower  to  send  for  ]iersons  or 
jiapers  and  to  comjiel  the  attendance  of  witnesses,  and  to  this  <>nd  the  mar- 
shal of  the  city  shall  execute  sut-h  process  as  may  be  issued  by  it.  The  ma- 
jority of  said  board  shall  constitute  a  quorum,  and  a  majority  shall  deter 
mine  all  matters  of  appeal  or  of  revision  or  correction  of  assessment.  The 
license  commissioner  [now  license  collector]  shall  personally  attend  all 
meetinjjs  of  such  board,  and  shall  render  such  assistance  and  ]>erforin  stich 
services  as  the  said  board  may  direct.  The  members  of  such  board,  before 
enterin;>-  upon  the  duties  of  their  office,  shall  take  and  subscribe  an  oaili 
before  the  city  register  similar  to  that  reipiired  of  all  city  officers.  (M.  •'., 
sec.  l!)!)u.) 

The  provisions  reiiuiring  bond  in  many  cases  of  veliicle  licenses  liave  been 
repealed,  so  that  to  that  extent  the  provision  in  this  section  is  obsolete.  See 
note  to  R.  C.  sees.  1817  to  1820. 

Sec.  2113.  Compensation  of  members  of  board. — The  com- 
pensation of  each  of  the  membei-s  of  said  board  shall  be  ten  dollars  for  each 
day's  actual  service  as  a  member  of  said  board,  hut  no  compensation  shall 
he  fjiven  to  members  foi-  days  they  may  be  absent  from  the  rejjular  meetiii;; 
of  said  board,  rmmediately  after  the  final  adjournment  of  the  board  of 
license  revision  in  each  year,  the  license  commissioner  [license  collector] 
shall  make  out  and  certify  a  jiayroll,  and  state  therein  the  number  of  days 
actually  served  by  each  member  of  the  board  and  the  total  amount  each  of 
them  is  entitled  to  receive  as  comjiensation  in  full  for  his  services;  said 
amount  shall  be  char<>ed  to  ap]>ropriation  for  license  commissioner's  [license 
collector's]  office.     (M.  C.  sec.  1!l!l(;.) 

Sec.  2114.     [Transfer  of  diiiies  to  license   conimissioner. — Ev 

ery  j)erson,  firm  or  coijioialion  shall  owe  fo  the  License  ( 'tjiiiniissiouer  all 
and  every  <luty  now  due  to  the  Collector  with  respect  of  the  assessment, 
levy,  issue  and  transfer  of  licenses  or  license  taxes  for  any  ])ur])ose  what- 
ever; and  all  and  every  duty  of  Ihe  Collector  with  respect  to  the  assess- 
ment, levy,  issue,  fransfei-  or  revokiii"'  of  licenses  oi-  licen.se  taxes  for  any- 
l)urpose  whatever,  is  hereby  li'ansfeired  to  the  Tjicense  Commissioner.  The 
dutv   iiniiosed   on    Ihe   .Ma\'or   in   seiiimi     one    1  lionsaiiil     li\c    hundred  aiul 


CMAiv  :!«.!  Ill''  i.ii"t:Nsi-;  ri>i.i,i:<'TiiR  anu  mcioxsi:  i;i:visi<>n.  KUj 

si!vi'iitvsi.\,  of  oriliiiaiicf  iiiiiiibci'  sovt'iiti'iMi  tliousainl  tine  liiiiulrcil  i'ij;lilv- 
cifjlit,  is  licri'li.\  I  raiisri'iiTil  to  the  Litcnsi'  ( 'oiiiinissioiHi-.  riiiici-  I  In-  aii- 
llioritv  of  siM'tioii  lliirt.\  four  of  llu'  Sclu'iiic,  cvci-.n  |h'Isi)1i.  linn  or  corpora- 
lion  sliali  owe  lo  llic  l.icfiisc  ( 'oiiiiiiissioiifr  with  n's|ic(l  lo  liic  asscssniciii. 
ii'vy,  issue  or  IraiistVi-  of  liiciisf  taxes  or  licenses  for  aiiv  |)ur|iose  \\liale\cr 
ill  the  City  of  St.  I.oiiis.  all  and  e\t'r_v  duty  due  to  the  ("oillily  Court,  the 
Clerk  of  tile  County  Court  or  I  lie  County  Collector,  as  iirovided  in  cliaplers 
fourteen,  si.xteen.  Iwenly-fonr.  one  hundred  and  si.\.  one  iiundred  and  eleven 
and  one  hundred  an<I  twenty-live  of  the  revised  statutes  of  .Missouri  for  one 
(housand  eiuiit  hundred  and  ei<;lity-iiine ;  and  tlie  duties  of  the  c(niiity 
court,  the  clerk  of  the  county  court  and  the  couuly  collector  in  said  chap 
ters  with  reference  to  the  assessment,  levy,  issue,  transfer  or  revoking;  of 
licenses  or  liceii.se  taxes  for  any  ]iiirpose  whatever  in  ilic  City  of  ^^t.  Louis 
are  herehy  lraiisferri>d  to  tin-  license  coinniissioner.  |      i  .M.  ('.,  sec.  liHt".  i 

This  section  Is  of  roiirso  .superseded.  It  provided  for  tlu!  conditions  on  trans- 
fer of  the  old  duties  from  tlie  old  ordinance  liounsi-  collo-tor  to  tlio  license  coiu- 
inlssloner.  Tin-  latter  In  turn  was  almllshed  when  the  statutory  license  eoHector 
In  turn  displaced  the  ordinance,  license  coninilsslom-r.  See  note  to  article  head- 
in  k- 

See.  i;il.'>.  [P<>li<*«' lo  r«'iM»rt  violations — lir<-iis«>  coniiiii.ssiikiuT 
to  report  and  s«M'ur»>  arro.sls  and  <-on\  ictions.  li  shall  lie  the  dniy 
of  the  jiolice  111  pii-veiil  any  persons  carrying  on  a  lilisiness  or  ohjecl  for 
which  a  liceii.se  is  reijuired  without  haxiiiji  a  liceii.se  for  that  purpose,  ami 
they  shall  report  to  tlie  license  coinniissioner  [now  license  collector)  all 
violations  of  the  laws  and  ordinauces  relatiuK  to  licen.ses  and  license  taxes. 
The  license  coniniissioncr  (now  license  collector]  shall  rciiort  to  (he  jiolice 
all  persons  who  fail  to  take  out  the  proper  license  or  |i;iy  the  license  tax, 
and  the  police  shall  cause  the  arrest  and  ciiii\  ici  inn  ul  sinh  oti'eiiders.  |  i  .M. 
C.,  sec.    l!t!tS.  I 

.See  Acts   1901.  p.  SO.  sec.  3. 

Sec.  2 lit).     [Salar>   and   hontl  of  licen.>*«'   coinniiH.sionpr.     The 

license  coiiiniissioiier  sliall  receive  a  salary  of  four  thousand  dollars  per 
annum,  payahle  monthly.  lie  shall  ^jive  bond  to  the  city  conditioned  that 
he  will  faiihfiilly  |ierft>rni  all  the  duties  of  liis  olVice  according  to  law  and 
ordinance.  Such  bond  sliall  he  in  the  sum  of  tifty  thnnsand  dollars  with 
at  least  three  solvent  sureties,  who  are  ownei's  of  uniiicumliered  re;il  esiaie 
in  the  City  of  St.  Louis,  or  a  surely  coniiiiiny  chartered  hy  the  State  of 
.\lissouri.  aixl  shall  Ite  suliject  to  the  approval  of  ilie  mayor  and  council.] 
(M.  C..  s.'.'.    i;t!t!».) 

No  loHKer  In  force  because  of  Acts  1901.  p.  S2.  sec.  9.  tlxinK  the  salary  of 
license  collector  at  l-I.OflO  per  annum. 

Sec.  LM17  [Kniploye.H — appoint nii>nt — liri'nsc  <oniniisHion«-i- 
rosponsild*'  for  a«'ts  of.  The  license  commissioner  shall  ajiiioint.  snli- 
jeci  to  the  apprii\al  of  the  mayor,  one  chief  deputy  and  one  assistant  de|i- 
iity,  either  of  whom,  in  the  siekne.ss  or  absence  from  any  cause  of  the 
license  commissioner  may  jierfonn  all  the  diilies  of  iln'  license  commis- 
sioner, lie  shall  also  appoint  such  clerks  as  may  be  necessary  to  properly 
perform  and  carry  out  the  duties  imposed  by  ordinance  ]irovisions.  I'rn 
vided.  that  the  nnniber  of  clerks  sliall  be  siibjecl  to  the  apjiroval  of  the 
mayor,  and  shall  at  no  lime  exceed  ei;;lit.  Four  of  the  clerks  sliall  In-  no- 
taries |iublic  and  shall  administer  all  the  oaths  reijiiired  to  be  made  to  the 
license  commissioner,  and  no  fe<»  or  conifiensation.  other  than  tlie  salary 
allowed  them,  sh.ill  Im'  chari;ed  or  collected,  bv  said  clerks,  or  bv  an\-  uiic  for 


lOlS  iii:\isi:i  i-c(  ii)i;  m:  t;KNi:i;.\i.  i:ii:i>iNANc"]os.  icuap.  so. 

tlicui,  lor  administeriufi  .siuli  (citlis.  He  shall  also  appoiut,  subject  to  the 
approval  of  the  mayor,  one  stenographer.  He  shall  also  appoint  subject 
icj  the  approval  of  the  juayor,  permanent  inspectors,  not  exceeding  tea  in 
number.  The  license  commissioner  and  his  suretie.s  shall  be  responsible 
for  the  official  acts  of  all  employes,  appointed  by  him,  and  he  may  require 
bonds  or  other  secnrilv  for  such  empl()\es  to  secure  himself.J      (M.  ("..  sec. 

N'o  longer  in  i-flcct   liccaiisi'  of  Law.s  liiOl.  p.  82.  sec.  9.     See  second  note  below. 

Sec.  2118.  [Salarie.s  <»f  employes. — The  compensation  of  the  em- 
ployes is  hereby  tixed  as  follows:  The  chief  deputy  at  the  rate  of  two 
thousand  dollars  jier  annum;  assistant  deputy  at  the  rate  of  one  thousand 
live  hundred  dollars  i)er  annum:  four  clerks  at  the  rate  of  one  hundred  dol- 
lars i>er  month;  permanent  inspectors  at  the  rate  of  seventy-five  dollars 
per  month;  stenographer  at  the  I'ate  of  seventy-tive  dollars  per  mouth;  all 
other  clerks,  whether  iiermauent  or  temporary,  and  temporary  inspectors, 
at  such  rates  as  may  be  api>ro\ed  by  the  mayor,  not  exceeding  .seventy-five 
dollars  per  month  in  any  case,  all  [)ayable  monthly.]      ( JI.  ('.,  sec.  Ut)01.) 

Nftt  in  force.      S'-e  note  tielow. 

Sec.  2119.  Employes  of  lieense  collector. — The  license  collector 
is  hereby  autliori7.e<l  to  emi)loy  and  ajiiioint  a  cashier,  assistant  cashier, 
(wo  clerks  and  a  steiiograither.  all  of  said  appointments  to  be  subject  to 
the  approval  of  the  itia.xor.  Said  cashier,  assistant  cashier,  clerks  and 
stenographer  shall  jierform  such  services  in  the  office  of  the  liceu.se  collector 
as  he  shall  direct.     (Ord.  20439,  sec.  1.) 

This  ordinance  is  now  in  force.  Under  the  act  of  General  Assenilily  (Laws 
1901,  pp.  80-82.  sec.  !l).  the  license  collector's  assistants  and  their  salaries  are 
these:  Chief  deputy  at  $1,800.  assistant  deputy  at  $1,500.  necessary  clerks  (not 
exceeding  six)  at  $100  per  month.  inspectors  (not  exceeding  ten),  $75  per 
month.  The  employes  metioned  in  sec.  2119  are  in  addition  to  the  statutor.v 
employes.     For  vehicle  inspectors  authorized  by  ordinance,  see  R.  C,  sec.  1810. 

Sec.  2120.  Salaries.  -The  cashier  shall  receive  compensation  at  the 
I'ate  of  one  hundred  and  fifty  dollars  ]ier  month:  the  assistnnt  c;isliier  shall 
receive  salary  at  the  rate  of  one  iiundred  ami  eight  dollars  and  tliirly-thrw 
cents  per  month;  and  said  clerks  and  stenographer  shall  each  receive  com- 
pensation at  the  rate  of  seventy-five  dollars  per  month.     (  //)..  sec.  '2.) 

Sec.  2121.  Bonds. —  Said  ca.shier  .shall  give  bond  to  the  license  col- 
lector in  the  penal  sum  of  ten  thousand  dollars;  the  assistant  cashier  shall 
give  bond  to  the  license  collector  in  the  penal  sum  of  five  thi>usan<l  doUais. 
and  each  of  said  clerks  shall  give  bond  to  the  license  collector  in  the  penal 
sum  of  twenty-five  hundred  dollars;  in  each  case  with  sureties  to  be  ap- 
proved by  the  license  collector,  .said  bonds  being  to  secur<>  the  license  col- 
lector, and  to  indemnify  him  against  any  acts  of  s;iid  cniploye.s.  (Ih.. 
se<-.  :{.) 

Sec  2122.  [Lieense  oltiee  located. — The  license  commissioner  shall 
have  his  office  in  the  new  city  hall,  in  such  rooms  as  may  be  designated  by 
th<'  mayor.]     (M.  C.  sec  2002.) 

.•\cts  1901,  p.   SO,  ."iec.   2. 

S(w.  2123.  ["License"  and  "license  tax"  defined.— The  words 
"licen-se"  an<l   "license   lax."   whenever   used    in   this  chapter,   shall    include 


AItT    1.)  OF  AUCTIONKKUS.  igig 

licenses  for  all  imrjiosos  autluirized  or  required  \>\  law  or  oidiiKiiirc  aud 
also  the  tax  on  telegraph  and  telephone  jioles.  the  do^  tax,  ilic  nicriliaiits' 
ad  valoi-eni  lax.  ihf  iiianiiraclnrcrs'  ad  valoiciii  lax.  (he  vchiilc  license  lax 
and  the  speeial  lax  on  lureifiii  insnrance  CDnipanies.  and  exce|>tinj;  alwa.vs 
iiiamsinni.  walei-  and  lioal  or  w  harlaye  lieeiises.j      i  M.  ('.,  see.  L'lHi:!.  i 

IdentUiil   with   tin-   iifW   law.   Acts   I'.Kil.  p.    SI.  sec.    S. 

See.  2124.  [( '<>llr«l«>r  (<>  ri'e«'i  v«'  nioiM'.\  .  It  shall  lie  iliediiiv  of 
ihe  Collector  to  colleii  all  taxes,  liceii.ses  and  license  taxes  which  lie  is  now 
reiiuired  by  law  oi'  oi'dinanc(>  to  collect.  The  License  (Jonmiissioner  shall 
have  no  authority  to  collect  any  taxes,  licen.ses  oi-  license  taxes  for  anv 
l>ur|iose  whatever.]     i.M.  C.  see.  J(MI4.  i 

Supersofli'd    t)v   .\<-fs  1001.   p.    SO. 

Sec.  'Jl2."i.  I  \N  luMi  li<-t'iiso  coniini.s.sioiKM-  ordiiiaiire  «>llt'»'liM'. — 
The  ordinan<-e  ereatiuji  the  office  of  license  coniinissioner  shall  n(»l  <;o  into 
lone  and  effect  unlil  April  14tli.  IS'tT.]     (.M.  ('..  sec.  L'Oli.-.. ) 

Tills  si-i'tlon   is  of  course  suporsedeil. 


CH.APTER  .)!•. 

OF  SUrUlCCTS   AND  OI!.IIiCT.S  OI'"   I.ICIONSI';. 

AHT.  I.  Of  aui'tlonoors. 

11.  Of  bankcr.s.   brokers  anil  insurance  companies. 

III.  Of  coniniission  merchants  and  merchandise  hrokers. 

IV.  Of  dramshops. 

V.  Of  electric  batteries. 

VI.  Of  fortune  tellers  and  asirolo^ist.s. 

VII.  Of  hotels  and  boarding  houses. 

VIII.  Of  house  and  real  estate  agents  and  brokers. 

IX.  Of  IntelllKence  oftlce.i. 

X.  Of  manufacturer.s. 

XI.  Of  merchant.s. 

XII.  Of  ordinaries  and   restaurants. 

Xin.  Of  pawnbrokers. 

XIV.  Of  peddlers  and  hawkers. 

'  XV.  Of  railroad  ticket  brokers. 

XVI.  Of  steamboat,   hotel   and   railroad    runners. 

XVII.  Of  stockyards,  sales  stables  and  liorse  and  cattle  dealer.s. 

XVIII.  Of  street  railwa.v  companies. 

XIX.  Of   vaiilt-eleaner.s. 

XX.  Of  sundr.v   vocations  and   mlse.-llani-ous   provisions. 

.MMHI.i:    1. 

•  •I-    xic'Tii >ni;kijs 

Sec.212t>.  AiU-ti«>iU'«T  di'liiUMl. — WhtM-vcr  shall  .sell  or  oiler  lo  sell 
any  f;oods,  wares  or  merchandise,  or  other  jK'rsonal  pro|K»rty  or  any  n"al 
estate  or  interest  then-in.  at  any  store,  stand  or  other  piac(»  in  the  city  at 
)iiililic  outcry,  whelher  the  same  shall  lie  exem|il  from  auction  duty  oi-  not. 
for  his  own  ;.'ain.  or  shall  advertise,  oi'  in  aii\    niliei-  way   hold  ^li!llself  out 

*Aa  to  tlic  rlKlit  of  the  city  to  enact  ordinances  to  "Uccnsc.  tax  and  refculate" 
the  various  vocations,  trades,  business,  vehicles,  conveyances,  cars.  etc..  and  tn 
suppress  certain  occupations,  see  Chortor.  Art.  III.  sec.  26.  clause  fifth,  and  the 
annotations  thereto  ainond.-d 


XI 


1020  Ri^visi^ii  roDi-:  OR  i;i;ni:rai,  oi:ijiNANci-;s.  [Chap.  si. 

as  au  actioneer  fui-  ]i\il)li<-  jmli-onajii'.  or  shall  roceivo  IVi-s  as  a  commissiou 
for  his  sei"vic-es,  is  hereby  lieclaicd  to  he  an  auctioneei-.      i  M.  (,"..  see.  200(!.  i 

See.  2127.  Ijiceiise  iimst  he  jn'ocin'od.-  .\o  |iei-soii  shall  e.xer- 
cise  the  business  or  tiade  ol'  mti  aiicliolieer.  oi-  sell  :iii\  |no|(erIy  at  jaiblie 
auction  or  onlery  willioiil  :i  lii-elise  thereroi-  lirsl  Imil  :inil  iilihi  iiied.  lAI.  ('.. 
see.  2007.) 

Power  to  licen.se,  Ijix  and  reg:ulate:  ChMrt..  III.  sec.  -G.  claii.se  .'».  One  licensed 
as  auctioneer  can  not  delegate  his  authority  to  sell  to  another:  Stone  vs.  State, 
12  Mo.  40(1.  An  auctioneer  in  the  City  of  St.  Louis  is  compelhnl  to  obtain  a  license 
from  the  state  as  well  as  from  the  citj':  Simpson  vs.  Savage.  1  Mo.  3.t9.  A  per- 
son may  be  guilty,  under  the  act  to  license  auctioneers,  of  exercising  a  trade  <tr 
business  rjf  a  public  auctioneer  without  a  license,  although  he  may  receive  no 
compensation  for  the  act  of  selling.     State  vs.  Rucker.  24  Mo.  OriT. 

8ee.  2128.  Amount  and  torni  of  license. — J-i(  eases  shall  be 
granted  by  the  license  eomniissioner  [lieeu.se  eolleetor]  to  any  i)ers()n  aji- 
plyinji  therefor,  on  the  payment  of  the  sum  of  forty  dollars,  whicli  license 
shall  continue  in  force  for  the  jieriod  of  ten  days;  on  the  jiayinent  of  seventy- 
five  dollars,  whicli  license  shall  coiitiiaie  in  force  for  the  period  of  thirty 
days;  on  the  payment  of  one' hundred  and  seventy-five  dollars,  which  license 
shall  continue  in  force  for  the  period  of  three  months:  and  on  the  payment 
of  three  hundred  dollars,  which  license  shall  continue  in  force  for  the  period 
of  six  months;  jirovided.  that  such  aiijilicant  shall  execute  a  bond  with  two 
or  more  responsible  securities  a]>}iioved  by  the  collector  in  the  sum  of  tive 
hundred  dollars,  conditioned  for  the  faithful  observance  of  this  article; 
provided,  further,  that  the  i)rovisions  of  this  article  shall  not  be  so  con- 
strued as  to  include  any  one  who  shall  be  acting  as  a  trustee  under  the 
jtrovisions  of  a  deed  of  trust  or  in  any  leijal  capacity  whatever.  (M.  ('.. 
sec.  200.^,) 

.Sec.  212!).  Lieense  of  fruit  auctioneers. — Any  person  or  persons 
or  comjiany  of  persons  licensed  as  agents  or  dealers  in  fruit  may  obtain  a 
license  as  fruit  auctioneer  upon  the  jiaynient  of  one  hundred  dollars,  which 
license  shall  continue  in  force  for  the  i)eriod  ol'  one  year,  and  no  such  per- 
son or  jiersons  or  company  of  jiersons  shall  be  permitted  to  sell  fruit  at 
public  auction  without  first  lia\  iiif;  obtained  a  license  as  fruit  auctioneer. 
(M.  P..  sec.  200n.  I 

Sec.  2130.  Stock  auctioneers — license  of.  .\ny  person  or  per 
sons  or  company  of  persons  licensiHl  as  agents  or  dealers  in  stocks,  bonds 
or  other  securities  exclusively,  may  obtain  a  license  as  stock  auctioniier 
upon  the  iiaynient  of  fifty  dollars,  which  license  shall  <()ntinue  in  force  for 
the  jieriod  of  six  months,  and  no  such  person  or  jiersons  or  company  of 
Jiersons  shall  be  jierinitted  to  sell  stocks,  bonds  or  other  secui-ities  at  auc- 
tion or  jiublic  outcry  without  fii-st  liaving  had  and  obtained  a  license  as  a 
stock  auctioneei-.      (M.   ('..   sec.   2010.) 

Sec.  2i;>l.  Heal  estate  auctioneers — licens«'  of.-  .Vny  jierson 
or  Jiersons  or  comjiany  of  jiersons  licensed  as  house  and  real  estate  agents 
or  brokers  may  obtain  a  license  as  real  estate  auctioneer  ujion  the  pay- 
ment of  two  hundred  dollars,  Avhich  license  shall  continue  in  force  for  the 
jieriod  of  <ine  year,  and  no  such  jiersou  or  jiersons  or  company  <if  jierscuis 
shall  be  jiermitled  to  sell  re.il  estate  at  auction  or  jnililic  outcry  without 
first  having  had  and  oblained  a  liieiisc  as  a  real  estate  auctioneer.  iM.  <'., 
BC'c.  20L1.)' 


AKT     III  dl'    r.ANK  i;i:S,    BROKKRS    AND   INSIl:  \.\Ci;  I'c  iMl'ANI  |.:s  KVJ] 

Seu.  2132.  Horst'  iiiurkot  nia.>  In-  ki'pt.  Aii_\  lu-rsoii  or  iier- 
SOII8  cuinplyiii};  with  the  priivisions  t'olldwiii};  in  this  arlii-h'  art-  aiithoi*- 
i/.<Mi  to  »>slal)iisli  and  k«'t'i)  a  ]>iiliiic  luirsc  niarUcI  al  an.v  place  within  the 
lily  I  not  in  Ihc  sliccls  thfrcoti.  lor  ihc  sah-  of  horses  ami  oilier  li\e  slock, 
anil  foi'  l>ii;;';ies,  caiTianes.  wajjons  ami  \(>liicles  ol'  all  descripi  ions  ai  |iiililic 
auction  or  ontcrv.      iM.  t\.  sec.  "Jltrj.  i 

Sec.  21  ;>.■>.      license— ttTiii    and    aiiioiiiit.     I'lpoii  the  ]>a.vnioiit  of 
liflv  dollars  li\   anx    iktsoii  or  jiersoiis  a|i|il\ini:  lliereloi-.  a   license  sliall   lie 
issiiivi   in    the   manner   that    other   licenses  are   issued    loi-   (lie   |pnrpose   men 
tioned    in    the    next    precodiiif;   section    to    such    per.snn    or    persons    I'or    ihe 
periiicl  of  six  niiinilis.      i  M.  C,  sec.  20l.'{.) 

See.    213t       l,i\«'    stock     not     (<»    In-    soUl    on    Htr«'«'(s   :tl    an<" 

tion. — No   hor.ses  or  oilier   live   sIck  k    sliall      lie   sold    upon    Ihe   siieets   at 
pnldic  anclion.     iM.  C.  see.  21)14.  i 

See.  2i;{r>.  Hond  lo  hv  ji'ivvu  l».\  lior.sc  aiirt  iont'iT.  Ilvirv 
person  licensed  as  a  horse  auctioneer,  as  al'oresaid.  shall  ^ive  liond,  willi 
two  ;;oo(l  .secnriiies.  in  (he  sum  of  two  (honsand  dollars,  who  shall  lie  own- 
ers of  iiiiincnmliered  real  estate  in  Ihe  cilv,  condilioned  for  the  proleclion 
of  anv  person  iiitrnsi  ini;'  horses  or  other  slock  lo  said  aiiclioiieer  lor  sale, 
ami  lo  ;:iiard  the  pnhlic  against  I'rami  or  misrepresenlalion  on  the  pari  of 
said  auctioneer.      iM.  ('..  sec.  201.").) 

Sec.  2i:!G.  IN'iialty.-  .\ii\  |ieis<Mi  wlni  shall  \iolaie  aii\  ol'  ilic  pn> 
\isions  of  this  arlicle  shall  lie  deemed  <;iiilly  of  a  niisdemeanor.  and  ot> 
conviction  thereof,  shall  hi'  lined  not  less  than  one  hundred  ilollars  nor 
more  than  li\c  Inimlred  dollars,  for  each  and  e\cr\  olfeiise.  lo  lie  sued  for 
and  recovered  as  in  other  cases  of  lireaches  of  ordinances,  and  al  the  dis- 
or«'tion  of  ihe  ma\or.  shall  iVirfeil  his  liciMise.     iM.  ('..  sec.  2i>Hi.i 

.MM'hl.i;    1  I. 

( iK  e.  \M<  i:i;s    ia;"Ki;i;s  anp>  insii:  wii:  i  i  ■\iiami:s 

See.  2I37.  IJankern,  et*".,  lu'«'ns«'  rtMinirfd  of.  .No  per.son.  linn. 
eonipanv  or  corporation  shall,  in  the  ("ity  of  St.  Louis,  carry  on  Ihe  Imsi- 
ness  of  hanker,  hankin;;  cor|ioral  ion  or  insi  ittil  ion.  or  hroker  o(  or  for  any 
such,  or  of  a  linancial  aueiii  or  liroker.  or  of  an  insurance  company,  or  of  a 
miniiij;  slock  hroker.  withonl  liavinj;  lirsi  ohiaiiied  a  license  Iherefor:  sai«l 
license  may.  at  Ihi'  discretion  of  Ihe  appliianl.  he  issued  for  six  or  twelve 
months,  in  advance,  lint  not  for  a  less  liiiie  than  six  nionlhs.  iM  .('..  .sec. 
2017.) 

riiili-r  til.,  old  Cliarter  (now  nltiTiil  In  II1I.1  rcMpci-t)  tin-  |ii.w..r  wa.t  only  to 
"licenst*."  In  i%"blrh  case  an  orillnnncf  for  rfvi-niu-  wnt*  not  aiithoriZ4*cl :  St.  l.oiilt« 
vs.  Bontni«*n'.^  Ins*.  Co..  47  Mo.   IJiO. 

An  to  ritrlit  I'f  city  to  tax  Insurance  roni|>iinl>..s.  mc  Home.  Inn.  Co.  vn.  .\io;ii..<ta, 
93  U.  S.   116. 

As  to  taxtnK  forcljfn  Insurance  comimnli'S.  !"■•■    puti    II.  C.  s.c   :.".;so. 

Sec.  21.38.  \iii(iiiiit  of  lic«'iisr.  l"or  e\erx  iwehe  nionlhs'  license 
conteniplaled  \<\  the  preceding;  .section  the  applicant  shall  pay  in  ad\aiic4' 
Ihe  followino  anionnis  respi-ciively.  and  for  every  six  months'  license  in 
the  sniiie  proportion,  viz.:     To  cair\    on   the  Imsiness  of  a  hanker  or  hank- 


1022  i:i;visi;i)  c.jih-;  oi:  Gi-^NHUAr.  ora)iNANCKS.  [chap.  31. 

iuj;  ((iiiKnatioii  or  iiisl  iliii  ion,  or  l)Tok('r  ol'  or  lor  the  siiiiic.  the  sum  of  two 
IiuikIiimI  (lolhirs;  to  carry  011  tlie  bnsiiu'ss  of  liuanoial  ajjent  or  bond  or 
stork  broker  or  miniiif;  slock  broker,  the  sum  of  seveuty-flve  dollars;  to 
carry  on  the  business  of  an  insurance  company,  whether  the  same  be  organ- 
ized under  I  he  laws  of  Ibis  or  any  other  state  or  country,  the  sum  of  one 
liundrcd  dollars,  jirovided  iliat  the  jjrovisions  of  this  article  in  relation  to 
financial  ajjents  or  brokers  shall  not  apjjly  lo  real  estate  agents,  and  real 
estate  brokers,  who  aic  r'-guhirly  licensed  as  such.     (  il.  C.,  sec.  2018.) 

Sec.  2139.  Banker  «lefiiied.— Kvery  ])erson,  firm,  bank,  banking 
company  or  incoriioraled  inslitulion  or  association,  having  a  place  of  busi- 
ness where  credits  are  opened  in  favor  of  any  one,  on  time  or  current  de- 
])osits,  or  on  collections  of  iiioiiey  or  ciii-rency,  subject  to  be  repaid  or  re- 
mitted njion  drafts,  checks  or  oi'ders,  or  where  money  or  currency  is  ad- 
vanced or  loaned  on  stocks,  bonds,  bullion,  I)ills  of  exchange  or  promissory 
notes,  or  where  stocks,  bonds,  bullion,  bills  of  exchange  or  promissory 
7iotes  are  received  for  discount  or  sale,  is  hereliy  declaicMl  to  be  a  banker, 
banking  corporation  or  institution.     CSl.  C.  sec.  20]!t.  i 

Sec.  2140.  Finain'ial  aseiit  or  broker  dettneil. — Every  person, 
firm,  company  or  corporation  other  than  bankers  or  banking  corporations 
or  institutions  in  the  meaning  of  the  last  preceding  section,  who  for  a  com- 
mission negotiates,  obtains  or  ett'ects  loans  of  money  on  real  estate  security, 
or  on  collateral  security  or  jx-i'sonal  guarantees,  or  who  effects  or  negoti- 
ates for  the  purchase  or  sale  of  stocks,  bonds,  bills  of  exchange,  bullion, 
coin  money  or  currency,  jn-omissory  notes  or  other  securities,  for  them- 
selves or  others,  is  hcrebv  declared  to  be  a  financial  agent  or  broker.  iM. 
C,  sec.  2020.) 

Sec.  2141.  Insurance  company  definetl. — Every  corporation  or 
incoi-porated  institution  or  association  that  issues  any  insurance  policy 
for  fii-e.  marine,  life,  mutual  or  other  insuraucc,  is  hereby  declared  to  be 
an  insurance  company,     (il.  <.'.,  sec.  2021.) 

Sec.  2142.  License  shall  be  postetl. — All  licenses  provided  for 
by  liiis  article  shall  be  ])osted  in  the  olfice  or  place  of  business  of  the  per- 
son, firm  or  corporation  to  whom  the  same  shall  have  been  issued.  (,M.  C., 
sec.  2022.) 

Sti-.  214:i.  To  whom  license  not  to  issue. — No  license  shall 
J)e  issuc<i  to  any  jjcrsoii  \\ho  by  the  laws  of  the  state  is  jirohibited  from 
engaging  in  any  business  in  iliis  article  named.     ( M.  <"..  sec.  2()2;{.) 

See.    2144.     Penalt.v. — Any  ])erson  who  shall  violate  any  of  the  pro- 
\  isioiis  of  this  article  shall  be  deemed  guilty  of  a  niisdenieanoi-,  and  on  con- 
viction  (liere<ir  be  fined  not   less  than  six  nor  more  llian   three  lmiidi-ed  dol 
lars  for  eacli  offense.      (.M.  C.  sec.  2024.) 


AKTICEE  in. 

Ml-   CO.MMIS.-^KiX    MIIKCII  AXTS    AX1>    At  i;i:c 'I  I AXJ  >  ISI-:    IHic  )K  lOltS. 

Sec.  2145.     Coniniission  mer<*hant  (U'finetl.— I'-veiy  |ierson,  firm  or 
cori)oiaiion  ha\iiig  a   jilace  of  bnsiness  who   for  anorlier  ]iersoii  and   for  a 


AUT   rn  1      III- i-ii.M.MissioN  .\ii;m ■HANTS  AND  .Mi:i:i'iiANi>isi-:  nuoKKiss.  iii'j.'j 

coiiiinission  or  other  roiiipfiisaiion.  Inivs  or  sells,  or  leeeives  on  coiisif^n 
iiieiit  for  sale,  or  iie;;oii;Ues  lielweeii  tlie  owner  and  imreliaser  for  tlie  jini-- 
cliase  or  sale  of  anv  ^ooils,  wares  and  niereliaudise.  Hour,  ^rain.  provisions. 
eountrv  prodnee  or  other  artieh^  of  eoinineree.  is  liei-eliy  deilared  lo  !«•  a 
eoiMiiiission   niereliant.      i  M.  <"..  see.  •JH'J.".  I 

Se<'.  214(1.  Aiiioiiiit  of  lii'i'ust' — oath  i»'<|nir«'(l.  — Kver.v  eoniniis 
sioii  uiorehaut  shall  pay  in  advan<e  to  tlie  eolleetor  for  an  annual  lieense 
as  follows:  ^^■llere  ilie  a;;;;re^ate  amount  of  such  purchases  and  sales  shall 
Ik^  under  one  hundrc'd  Ihonsund  dollars,  the  sum  of  I  went  \  live  dollars:  where 
.sueli  ])urchases  and  sales  exi-eed  one  hiindreil  thousand  ihdlars  ami  under 
two  hundred  thousand  dollars,  the  sum  of  lifly  dollars;  where  such  pur 
ehase.s  and  sales  are  over  two  hundred  (hou.sand  dollars  and  under  three 
hundred  thousand  dollars,  the  sum  of  seventy  live  dollars;  where  s)i<h  jiur 
chases  and  sales  are  oxer  three  hundred  thousand  dollars  and  under  loii' 
hundred  thiuisand  dollars,  the  sum  of  one  hnndreil  dcdlars;  where  such 
purchases  and  sales  exceed  four  iiundred  thousand  dollars  ami  under  li\e 
Inindred  thousand  dollars,  the  sum  of  one  hnndreil  and  iweulytixc  dollars: 
where  such  jiurehases  and  sales  are  over  live  hundred  thousand  dollars  and 
und<'r  six  hundred  thousand  dollars,  the  sum  of  one  hundred  and  fifty  tlol- 
lars;  where  such  purchases  and  sales  are  over  six  hundred  thousand  dollars 
and  under  .sexcn  humlied  thousand  dollars,  the  sum  of  one  hiindicd  and 
seventy  ti\i'  dollars;  where  suih  ]iurchases  and  sales  are  over  seven  linn 
dred  tluMisaml  dollars  and  under  ei^lit  hundred  thousand  dollai-s,  the  sum 
of  two  hundred  dollars;  where  ,sueh  purchases  jml  sales  are  over  eii;lii 
hundred  llionsatid  dollars  and  under  nine  humlicd  ilioiisaml  dollars,  the 
sum  of  ivMi  Iiundred  and  I  w(»iity-five  dollars:  wlieii-  such  purchases  and 
sales  exci'<Hl  nine  hundred  iliousand  dollars  and  are  under  one  million  dol 
lars.  the  sum  of  two  liumlied  and  tifty  dollars;  where  such  jiurcliases  and 
sales  are  over  one  million  dollars  ami  under  two  niillion  dollars,  the  sum 
of  three  hundred  and  tifty  dollars;  wliere  such  imrchases  and  sales  are 
over  two  million  dollars  and  under  three  million  dcdlars,  the  sum  of  four 
hniulred  and  fifty  dollars:  where  such  ]>urchases  and  s.iles  are  over  three 
million  dollars,  the  sum  of  five  hnndreil  dollars.  .\nil  each  a])idicant  for 
a  license  shall  make  an  atfidavit  of  the  amount  of  his  purchases  and  sales 
as  aforesaid  during;  the  preceiliuj;  year,  ^m  which  lie  has  received  commis- 
sions or  other  form  of  prolif.  and  the  license  for  the  curi-ent  ye.ir  shall  he 
hased  upon  the  amount  so  sworn  lo;  j>r()vided.  no  lieense  shall  he  issued 
for  h'.ss  than  twenty  five  dollars.     |M.  C,  see.  2020.) 

Sec.  2147.  M<  r<lian(lis«' Wrokcr  dcfiiUMl. —  livery  person,  lirui  or 
company  of  |ieisoiis  who  for  commissions.  Iiriikera;;e  or  other  compeiisa 
ti(>n  shall  nej,'otiate  iM'tween  the  ownei-  and  ]Mirchaser.  or  their  respective 
a;;ents,  for  the  jmrchase  or  sale  of  ^oods,  war«'s  and  mercliandise,  or  oilier 
articles  of  commerce,  is  herehy  declared  to  he  a  merchandise  hroker. 
whether  sneli  negotiations  are  on  his  own  aeeouni  m  iliat  of  an  employer 
or  other  (wrson.     (M.  ('.,  see.  21127.) 

S.  c   214S.     Iiir«*ns«'  of  iiHTi'liaiMlis*'  lirokcr  aiul  agents  or   as 

sistaiits.      I'.very  luerchandi.se  hroker  and  e\ci\    inemlier  of  a  linn  or  com 
pany  of  merchandise  hrokei-s.  and  every  clerk  and  assistant  thereof,  doing 
Imsiness  as  such  in  this  city,  shall  ]»ay  in  advance  for  an  annual  liccns<-  the 
sum  of  fifty  dollars,      i  M.  C.  sec  20-_'.S.  i 

Sec.     211!'.      I'ciially.      .\n\    person   doing  Imsiness  as  a   merchandise 
liroker.  or  commission   merchant,   uheiher  alom    or  as  a   memlier  of  a   firm 


]024  l;i;VlSi;i  1  CODE  OR  GENKKAL  OHUlNANCliS.  [CHAP.   31. 

oi-  coiiiiiiinv  or  hrokci's,  ur  as  a  clerk  ov  assistant,  or  ciiiiiloye  of  .such  per- 
son or  tii-ni.  witlioiit  tlie  license  provided  for  in  this  article,  shall  be  deemed 
j>uilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  pay  a  fine  of 
not  le.s.s  than  twenly-fixc  dollar.s  nor  nmrc  than  five  hundred  dollais.  (M. 
<'..  sec.  •JOi>!).) 

.\KTl(l,i:  \y. 

OK  DRAMSMol'.'-.- 

Sec.  2150.  I )raiiisli«n)  keeper  defiiu'd. — [A  dramshop  keeper  is  a 
])crson  permitted  l>.\  law  or  ordinance  to  sell  intoxicatinji  li(piors  in  any 
quuntity  less  than  one  jiallon.  No  j)erson  or  copartnership  of  persons  or 
corj)oration  shall,  in  (his  city,  directly  or  indirectly,  in  j)erson  or  by  an- 
other, .sell,  barter  oi-  deliver,  for  or  on  his  or  their  account,  any  intoxicating 
li(piors  in  (plant  ities  less  than  one  i;alloii.  wilhoul  a  license  first  obtaincMl 
therefor,  accoi-ditl};  tii  llie  provisions  (if  this  .iiticle.  as  a  keeper  of  a  di-ani- 
shoi).  I      (  M.  ('.,  sec.  L'O;!!).  I 

Dramshop  ko.'pi-r  defined  by  statute:  R.  S.  1.SS9.  si-cs.  2900.  2991:  see.  also. 
L;uvs  1907,  p.   2,t4.     Above  ordinance  doe.<i  not  appl.v   to  dramshop  in  a  park:     State 

*This  subject  was  formerly  governed  by  city  regulations,  under  its  Cliarter 
powers  to  license,  tax.  regulate  or  suppress  dramshops  (Charter.  Art.  III.  sec.  26. 
clause  fifth).  But  the  General  Assembly,  in  1S93  (and  amendments  1905)  cre- 
ated the  office  ot  e.xcise  commissioner  for  cities  of  over  300.000  inhabitants  and 
conferred  upon  him  exclusive  authority  concerning  the  issuance  and  revocation 
of  dramshop  licenses  and  enacted  other  regulations  concerning  the  subject,  so 
that  most  of  the  pro\'isions  in  the  ordinances  in  this  article  are  superseded: 
U.  S.  1899,  sees.  3019-3026,  ib.  2990-3018,  as  amended  in  Laws  190"  (extra  session), 
pp.  254-257;  Session  Laws  1905,  pp.  142;  ib.  140.  (Set  out  herein  under  "Laws 
Specially  Applicable  to  St.  Louis,"  ante  pages  122-124,  being  Chap.  S,  sec.  229. 
and  following.      And  see  notes  thereto.) 

It  is  considered  lic^st.  however  (in  view  of  some  intimations  by  the  Supreme 
Court),  instead  of  undertaking  simply  to  omit  supposedly  superseded  or  repealed 
Iirovisions.  to  retain  all  the  ordinance  provisions  of  the  dramshop  law,  indicating 
such  parts  as  are  believed  to  have  been  affected,  or  supplanted  by  the  state  law. 
by  inclosing  them  in  brackets,  and  referring  in  a  note  thereto  to  such  sections 
of  the   State   statutes  as  are   deemed  incompatible   therewith. 

Speaking  of  the  effect  of  the  State  law  of  1893  upon  the  then  existing  ordi- 
nances of  the  city,  the  court  in  State  ex  rel.  vs.  Bell.  119  Mo.  70,  7,t,  says:  "The 
act  of  1893  makes  it  the  duty  of  the  excise  commissioner  to  issue,  and  gives  him 
power  to  revoke,  dramshop  licenses.  In  other  respects  the  State  law  and  the 
existing  valid  ordinances  of  the  city  remain  in  full  force."  And  again:  "We 
think  it  was  the  purpose  of  the  act  of  1893  to  provide  for  a  commissioner  who 
should  have  the  sole  power  to  issue  city  dramshop  licenses  as  well  as  licenses  on 
liehalf  of  the  State;  and,  this  intention  appearing,  the  ordinances  of  St.  Louis 
must  give  way  to  the  act  as  far  as  they  are  in  conflict  with  it."  This  case  also 
holds  that  the  eighth  section  of  the  act  of  1S91  (R.  S.  1899.  sec.  2997)  applies  to 
the  city  as  to  the  manner  of  issuing  licenses,  together  with  the  ordinances  (119 
Mo.,  pp.  72,  74);  so.  aUso.  in  State  ex  rel.  vs.  Higgin.s.  71  Mo.  App.  ISO,  on  pp.  183- 
184.  The  revocation  of  a  permit  or  license  by  the  excise  commissioner  is  not  of 
a  judicial  nature,  and  is  not  reviewable  in  court:  Higgins  vs.  Talty.  157  Mo.  280 
(revocation  for  keeping  disorderly  house);  State  vs.  Seebold.  192  Mo.  720  (revo- 
cation for  selling  liquor  on  Sundaj')- 

As  to  rulings  under  the  former  law.  tliat  the  coHector  in  .St.  Louis  performed 
the  same  functions  as  the  county  courts,  and  that  (jpplieant  for  license  required  a 
petition  signed  by  majority  of  taxpayers  in  the  bu»ck,  see  State  ex  rel.  vs.  Hud- 
.«on,  13  Mo.  App.  Gl.  See.  also,  as  to  authority  of  collector  under  the  old  law. 
State  ex  rel.  vs.  Rosenblatt,  9  Mo,   App.    587. 

As  to  annotations  on  the  State  laws  (relating  to  l>ramshops  and  Excise  Com- 
missioner), see  further  State  Laws  Relating  to  St.  Louis,  auU,  sees.  229  et  seq.. 
pp.   122-124. 


ART,    IV.  1  OF  IJRAMSIIOI'S.  1025 

.•X  rel.  vs.  Scliwclckardt,  109  Mo.  496.  513.  In  State  ex  rel.  vs.  Bell,  119  Mo.  70.  14, 
the  court  says:  "The  general  law  provides  that  no  person  shall  sell  Intoxloatlns 
liquors  In  any  quantity  less  than  three  gallons,  either  at  retail  or  In  the  original 
package,  without  tukInK  out  a  license  as  a  ilramshop  keeper;  and  by  the  ordi- 
nances of  the  city  of  St.  Louis  a  dramshop  keeper  Is  a  person  permitted  l)y  law 
or  ordinance  to  sell  Intoxicating  liquors  In  any  quantity  loss  than  a  gallon.  The 
State  license,  It  will  be  seen,  differs  from  the  city  license.  The  .State  llcen.se  may 
begin  at  one  tlmo  and  the  city  at  another." 

See.  2151.  Application  for  liciMise. — [Apiilicaiimis  lor  :iii_v  liccn.sc 
iindiT  this  article  siiail  In-  iiiaili'  in  writiiij;  to  tiii'  liciMisc  i-oininissioni'r  and 
siiail  state  speellically  w  iieiv  tlio  ilrainsliop  is  to  be  kept;  aiui  no  license 
shall  he  uranled  unless  siicii  a|iplication  be  accompanied  by  a  |ietition 
sij^ncd  by  a  majority  ol'  ilie  assessed  taxpayinj^  citizens  in  the  block  or 
sijnare  where  it  is  jnoposed  to  locate  tlie  dramshop;  and  said  petition  sliall 
ask  that  such  license  be  yrauted,  and  such  petition  shall  be  renewed  yearly 
thercufter  on  each  successive  fourth  day  of  July.  In  ca.ses  where  the  license 
loiiimissioner  has  substantial  reasons  lo  doubt  llie  moral  characler  of  the 
appliiani  or  ilie  jieiuiiiicncss  oC  ilie  siiiiiatures  to  the  iietition,  he  is  hereby 
riMiniicd  to  refer  lo  the  board  of  police  coiiimissioneis  of  the  City  of  St. 
Louis  such  applications  made  to  him  for  licenses  under  this  article,  together 
with  the  petition  accompanying  same,  and  if  the  said  board  of  police  coui- 
uiissioners  shall,  after  proper  inquiry,  be  of  the  ojiinion  that  the  applicant 
is  a  person  of  good  moral  character,  and  that  the  signatures  to  said  jjcti- 
tion  are  genuine,  and  that  said  petition  is  signed  as  hereinbefore  re(|nired, 
th(>  said  board  of  ]iolic(>  commissioners  shall  indorse  upon  the  application 
of  every  such  aii]ilicant,  "Approved,''  and  return  ilie  same  with  its  accom- 
[lanyiug  petition,  to  the  license  commissioner,  who  shall  then  grant  a 
license  upon  tlie  ap|)lication  so  indorsed;  ju-ovided,  all  other  requirements 
of  this  article  shall  have  l)een  complied  with  by  such  aiif)licant  for  lii'ense; 
and  all  licen.ses  issued  under  this  article  shall  be  kcjit  |)osted  U|i  in  some 
conspicuous  place  behind  the  bar,  and  as  near  the  center  thereof  as  possi- 
ble, lint  if  the  said  board  of  police  commissioners  shall  be  satisfied  that 
sucli  .ipplicant  is  not  a  person  of  good  moral  character,  or  that  tlie  signa- 
tures to  said  jietition  are  not  genuine,  or  that  said  petition  is  not  signed 
as  hereinbefore  required,  the  said  commissioners  shall  indorse  upon  the 
application  of  every  api'licant.  "Disapiiroved,"  and  return  the  same  to  the 
license  commissioner,  when  the  license  shall  be  refused.  Hut  if  the  license 
commissioner  is  not  salislied  with  such  indorsement,  he  shall  certify  and 
repiM't  such  a[i)>lication  lo  the  council,  if  in  session,  for  its  action,  and  to 
the  mayor  wlien  the  council  is  not  in  session,  which  sliall  be  conclusive 
upon  the  petitioners;  provided,  that  before  any  license  shall  be  granted  the 
license  commissioner  shall  re<|uire  of  the  jierson  a]iplyiiig  for  it  a  bond  to 
be  given  to  the  city  in  the  sum  of  two  thousand  dollars,  with  two  or  morn 
securities,  to  be  ajiproved  by  the  collector,  comlitioned  that  the  person 
obtaining  such  license  shall  k(>e|)  at  all  times  an  orderly  house,  and  that  he 
will  not  sell,  give  away  or  otlierwi.se  dispo.s(;  of,  or  suffer  the  same  to  be 
done  about  liis  jiremises,  any  intoxicating  liquor  in  any  quantity  to  any 
minor,  without  tlie  consent  of  the  guardian,  master  or  parent  of  such  minor; 
.md  conditioned  that  he  will  not  violate  any  of  the  ju-ovisions  of  this  ar- 
ticle, or  any  of  ihr  i>rovisions  of  cha()ter  ninety-eight  of  the  revised  statutes 
of  .Missouri;  and  that  he  will  pay  all  tines,  iienalties  and  forfeitures  whicli 
may  Im^  adjudge<l  against  him  under  the  (irovisions  of  this  article  or  of  said 
chapter.  Mefore  any  person  shall  l>e  taken  as  security  on  siieli  l>ond  he 
shall  make  afTidavit  l>efore  the  license  comniissioner  in  the  following  form: 

State  of  Missouri.   Pity  of  St.   Louis,  ss. :   being  duly  sworn   on   his 

oath,  says  that  he  is  a  resident  of  the  City  of  St.  Louis  aforesaid,  and  tliat 
he  is  owner  in  fee  simple  of  real  estate  therein  subject  to  execution  of  the 


1020  UEVisiOD  coDK  oi:  i;i:ni:h.\l  oruinaxce.s.  ichap.  31. 

valiii'  of  i\\(i  llionsMiid  ilollars  ovpi-  and  altovc  (lie  amount  of  liis  just  debts 
and    lial)ilities.  and   exemption    for  liome.stead.     Sworn   to  and   subscribed 

before  me  tliis day  of ,  1!) — . .  license  commissioner; 

jirovided,  that  nolliin-i  herein  shall  be  construed  so  as  to  prohibit  the 
license  commissioner  from  compelliu};  the  dramshop  keeper  to  furnish  new 
and  other  bondsmen,  should  such  securities  become  insolvent,  non-residents, 
insane,  or  otherwise  dis(|ualifie(1  from  artiiii;-  as  such  bnndsiiien.]  i  M.  C. 
.sec.  :.•(»:!  1.1 

Sec  R.  .S.  ISSI!).  sees.  2997  (amendfil  Laws  1901.  p.  H2).  3020;  State  ex  rel.  vs. 
Hig8iti.>i.  71  Mo.  App.  180:  State  ex  rcl.  vs.  Mulvihill.  ll.T  Mo.  App.  324,  328;  Hig- 
gins  vs.  Talty.  157  Mo.   280;  State  vs.  Sceboltl.  192  Mo.  720. 

Sec.  2152.     Place  <»f  husiiiess,    lk'en.se  liniitiMl   to [No   person 

OI'  jiersoiis  to  whom  a  license  shall  l)e  isstied  shall  keej)  a  dramshop  at  any 
other  ])iace  than  the  jdace  designated;  jn-ovided,  tliat  h(>  or  they  may  re- 
move the  carryinji  on  of  such  business  durino;  the  continuance  of  such 
licen.se  from  the  tenement  designated  therein  to  any  other  tenement  in  the 
city ;  provided,  that  he  or  they  shall  first  have  obtained  permission  for  such 
transfer  of  business  from  the  collector,  as  if  he  or  they  were  originally 
ap]>lying  for  a  license,  and  under  the  same  restrictions  as  are  required  b\ 
section  twentv'-one  hundred  and  fifty-one.]     (.M.  C,  sec.  L'Ooii.  i 

li.    S.    1S99,    sec.    2992;    see.   also.    sec.    2992a    anil    299::a.    aclil.-,i    liy    Laws    1907,    p. 

Sec.  2153.  License  not  transferable. — [No  license  granted  under 
this  article,  shall  be  assignal)l(>  or  transferable.]    (M.  <"..  sec.  i'(i:>:>.) 

l:.    S,    1S99,    sec.    2992. 

Sec.  2154.     Merchants  exempt  Ironi   article [This  aiticle  shall 

not  be  construed  to  ap])ly  to  any  sale  of  intoxicating  ii(|Uors  by  any  person 
under  aiitliorifv  of  ordiiianre  regulaliiiu  iiierchaiits"  licenses.  |  (.M.  ('.,  .sec. 
Ii0:!4.) 

l;.    S.    lS:t9,    sec.    :!01.",.    .\mendccl    Laws    19il.",.    p.    Uii. 

Sec.  2155.  Amount  of  license.— For  a  license  as  a  diamshop  keeper 
Ihere  shall  be  paid  the  sum  of  two  hundred  and  fifty  dollars  for  city  pur- 
[loses  [and  twenty-five  dollars  for  stale  i)uriioses.  and  any  such  license,  shall 
authorize  the  business  therein  designated  to  be  carried  on  at  one  ]>lace  only, 
and  such  license  shall  remain  in  i'orce  for  tlie  period  of  six  months  from 
its  date;  provided,  tliat  the  license  commissioner  may.  with  the  approval 
of  t\w  comptroller,  issue  any  such  license  for  a  different  period  than  six 
months,  if  necessary,  in  order  that  the  state  ami  city  licenses  to  the  same 
party  may  expire  at  the  same  time  and  at  the  date  fixed  by  this  article. 
No  fee  shall  be  charged  by  the  license  commissioner  for  administering  oaths 
or  taking  aflMdavits.]     ( .M.  ('.,  sec.  20:5.").) 

Sec.  3008,  R.  S.  1899.  provides  tliat  "the  proper  autliorities  of  incorporated 
towns  and  cities  may  impose  a  ta.x  on  licenses  to  dramsliop  keepers,"  R.  S.  1899. 
sec.  299C.  amended  Laws  1905.  p.  113,  provides  that  tlie  State  tax  shall  not  hr 
less  than  |,iO  for  State  purposes  and  not  less  than  $2.50  nor  over  $400  tor  county 
piu-imses   for  six-month    periods,   etc. 

Sec,  215(1.     Number  of  licenses    «;rant<'tl  to  be   i-i'ported [li 

shall  be  the  duty  of  the  license  commissioner  to  rejiorl  to  the  comptrollei- 
on  (he  lirsl  .Monday  in  every  month  the  number  of  lic(>n,ses  granted  for  the 
|»rece(ling  month,  together  with  the  names  of  persons  to  wlmiii  granted,  and 


AiiT    IV  I  111"  1'1;a.msh'>cs.  lO'JT 

llii'  iiiiiiifs  (if  till-  sllcfls  Mini  111!'  luiinliiT  111  llir  lnnis<'s  I'lir  wliii  li  llic  liccllsi'S 
were  tjraiiicd.  1 1  shall  lie  llic  diilv  of  the  i.olicc  to  sec  thai  all  (inliiiaiiiM's 
ill  ffj;ar<l  to  ili-aiiishops  arc  cnrorifil.  ami  liir  this  |iiir|i(is('  it  shall  lit'  iIm- 
iliil.v  of  the  police  coiiiiiiissioners  to  iiil'oriii  the  iiieiiiliers  of  the  police  ol'  all 
■  inliiiances  in  rcfjanl  to  dramshops.  It  shall  lie  their  duty  lo  report  to  tlie 
.hicl'  of  i»oliic  on  the  first  .Monday  of  each  month  the  nunilH-r,  toKetlier 
with  the  names  of  the  persons  and  the  immliei-  of  their  hon.ses,  in  their  re- 
s|HMti\f  disiricis.  in  which  any  dramshop  is  ke]it.  as  also  whetlier  snch 
dramshop  is  kepi  in  an  oiderly  niannei-  or  not.  and  the  same  shall  lie  Ivans 
milled  to  the  ct)llector.  |      i  M.  < "..  sec.  :i(i;;ti.| 

It.  s.  issfl.  SPIV  ;!<i2:i 

See.  2157.  [  l*;irk  r»'st  i-i«-|  ioiiN.'  -No  saiodn  shall  hercaHei-  lie  estali- 
lished.  opened  oi-  located  in  any  linildinu'  or  on  any  lol  <if  ^.Toniid  wilhiii 
live  luimlred  feet  of  Lafayette.  Tower  (ii'ove.  O'Faiion,  ("arondeiet  and 
l-'oiest  Park;  provided,  that  this  jirovisioii  shall  mil  ajiply  to  any  preuiises 
witliin  (lie  prohihited  distance  on  which  a  salomi  has  lieen  condncicd 
within  the  past  live  years.]      (  M.  ('.,  sec.  L'tCt".  I 

Constni.Hl:  State  px  rel.  v.s.  Schwi'li-kar.lt.  in-l  Mo.  I9fi.  ."lO  l-."i«.'i.  But  this 
.spctlon  (SCO.  2157)  waa  repealed  by  ordlnanci'  No.  22S6S,  approvoil  March  11.  19(17 
(after  the  submission  to  the  Assembly  of  the  Hevised  Code  and  too  late  to  ap- 
pear therein),  and  a  new  section  enacted  In  lieu  thereof,  deslprnated  as  section 
'.'037  of  the  old  Municipal  Code.  correspondlnK  to  sec.  21.'i7  of  the  Ucvlsed  Code; 
the   present  ordinance   is  as  follows: 

(22868) 

■'.\ii  duIuwiih.-  ii.  i-.penl  section  2037  of  the  .Municipal  Code  of  the  City  of  .Si. 
l.,ouls  [sec.  2157  of  Rev,  Code),  relatini?  to  the  establishment  and  location  of 
saloons,  and  to  enact  In  lieu  thereof  a  new  section,  to  be  known  us  section  20.'!7. 

"Be  It  ordained  by  the  Municipal  Assembly  of  the  City  of  St.  Liouls,  as  follows; 

"Section  One.  Section  2037  of  the  Miiniclpnl  Code  of  the  City  of  St.  L.ouis  is 
liereby   repealed. 

"Section  Two.  The  following  section,  to  be  known  as  section  2037,  Is  hereby 
enacted  In  lieu  of  section  2037  hereinbefore  repealed.  Said  new  .section  to  rend 
as   follows: 

"Section  2037  [IS.  C.  sec.  2157J.  No  saloon  shall  heit'after  be  establisheil. 
opened  or  located  on  any  lot  of  ground,  or  In  any  building  within  four  hundrcil 
feet  of  I-afayette.  Tower  Grove.  O'Faiion.  Cnrondelet  and  Forest  Parks;  proviileil. 
however,  that  this  provision  shall  not  apply  to  hotels  or  apartment  house  build- 
Ings  of  not  less  than  two  hundr«*d  and  fifty  rooms,  which  huildinKs  are  so  con- 
structed as  to  be  bullillngs  of  the  lirst  class,  as  detlnetl  by  the  building  laws  of  the 
City  of  St.   I^iul.s." 

Session  Laws  1907,  p.  257.  provides  that  no  dramshop  lio'nse  shall  theri'aftir 
he  Kr.Tnteil  to  keep  a  dramshop  within  tlve  miles  of  any  State  educational  Insti- 
tution whi4-li  then  had  1.500  or  more  students. 

Section  6099.  Rev.  St.  1899.  prohibitinK  saloons  within  BOO  feet  »f  any  park  in 
a  city,  was  held  unconstitutional.  lieinK  "  part  of  the  entire  act  held  vol<l  by 
reason  of  defect  in  the  title,  in  tlw  case  of  .State  ex  rel.  vs.  County  Ct.  of  .laek- 
son  Co..    102  Mo.   531. 

Sec.  215S.  Penalties — license  may  hv  r<'Vok«'<l. — [Whcmvir  it 
shall  Ik-  shown  to  the  mayor,  upon  the  written  statement  of  three  or  iiiorc 
repntalile  pro|>ert\  owners,  siiliscrihed  and  sworn  to.  that  an.\  dramsh(i)i 
or  saloon  keeper  has  not  kept  at  all  times  an  orderly  house,  the  mayor  shall 
at  once  notify  such  dramshop  or  saloon  keepiM-  to  ajipear  liefore  him  and 
he  shall  iiixcsi  i^ate  the  cliai-;;es  pi-(*ferred.  If  satisfied  of  the  truth  of  the 
statement  made,  he  .shall  revoke  the  license  of  such  dramshop  or  .saloon 
kei'iMM*.  and  if  r<>(|iii>ste<l  hy  such  dramshop  or  saloon  kcM-per  lie  shall  forlh- 
w  ith  place  ihe  pa|H-i-s  in  tlio  hiiiuls  of  ilie  prow^eiitin;;  attorney  of  the  police 


•This  section   Is  repealed  nnil  a   new  section  suhstituti-d:      .s.e   nnii-  to  section. 


J028  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.   31. 

court  witli  iiistructious  to  institute  proceedings  against  such  dramshop  or 
saloon  keeper,  and  if  on  the  trial  of  such  case  the  dramshop  or  saloon 
keeper  shall  be  acquitted,  the  revocation  of  such  license  by  the  mayor  shall 
be  null  and  void;  provided,  that  the  license  commissioner  shall  not  grant 
a  license  to  any  person  who  has  ever  been  convicted  of  a  violation  of  any 
of  the  provisions  of  this  article,  or  who  at  the  time  of  his  aiiplication  for 
such  license  may  be  shown  to  have  sold,  given  away,  or  otherwise  disposed 
of  intoxicating  liquors  to  any  person  under  the  age  of  eighteen  years  with- 
out the  permission  or  consent  herein  required,  or  who  has  had  in  his  em- 
ploy in  his  business  of  dramshop  keeping  any  person  whose  license  has 
been  revoked  or  who  has  been  convicted  as  above  mentioned,  or  who  has 
sold,  given  awav,  or  otherwise  disposed  of  any  intoxicating  liquors  as  above 
mentioned.]     (M.  C,  sec.  2038.) 

Superseded  by  State  statute:      R.  S.   1899.  sees.   3021.  .3024,  etc.:   see  Higgins  vs. 
Talty.  1.57  Mo.  280:  State  vs.  Sepbold.  192  Mo.  720. 

Sec.  2159.  To  whom  licenses  not  to  issue. — No  license  shall 
be  issued  to  any  person  to  kee]i  a  dramshop  at  any  place  where  any  amuse- 
ment, such  as  theatrical  exhibitions,  negro  minstrels,  musical  party  or  con- 
cert, exhibition  of  rope  or  wire  dancing,  wax  figures,  painting,  statuary, 
tricks  or  legerdemain,  menagerie,  thespian  performances,  or  any  other  ex- 
hibition or  show  or  amusement  is  carried  on,  either  when  the  admission  is 
free  or  where  a  fee  for  admission  is  charged,  without  a  license  shall  have 
been  taken  out  for  such  amusement,  exhibition  or  show.     (M.  C,  sec.  2039.) 

See  R.   .S.   1899.   sec.   3018. 

Sec.  2160.  Intoxicatiniar  liqnor  defined. —  [The  term  "intoxicating 
liquor,"  as  used  in  this  article,  shall  be  construed  to  mean  fermented, 
vinous  and  .spirituous  liquors  or  any  composition  of  which  fermented,  vin- 
ous or  spirituous  liquor  is  a  ]iart,  and  all  the  foregoing  provisions  shall  be 
liberally  construed  as  remedial  in  their  character.]     (M.  C.  sec.  2040.) 

R.   S.   1899,  sec.   3016.      See  State   vs.   Besheer,   69   Mo.   App.   72. 

Sec.  2161.  Remonstrances,  etc.—  [Under  authority  of  sections  twen- 
ty-four and  thirty-four  of  the  Scheme  for  separating  the  City  and  County 
of  St.  Louis,  all  "applications,  petitions  and  remonstrances  for  and  against 
dramshop  licenses  proposed  to  be  issued  under  State  law  shall  be  made  to 
the  license  commissioner,  and  shall  take  the  same  course  and  be  governed 
by  the  same  proceedings  in  relation  thereto  as  are  prescribed  by  this  article 
for  the  granting  or  refusal  of  dramshop  licenses  by  the  city;  and  all  blanks 
used  for  licenses  under  state  law  shall  be  issued  by  the  register  and  counter- 
signed by  the  comptroller,  and  but  one  a])plication,  petition  and  bond  shall 
be  required.]      (M.  C,  sec.  2041.) 

Superseded  by   the  State  law. 

Sec.  2162.  Obscene  paintings  proliibited. — No  immoral  or  obscene 
paintings  or  i)ictures  shall  be  exposed  to  view  in  any  dramshop.  [Any 
keeper  of  a  dramshop  who  shall  violate  this  section  shall  be  liable  to  all 
the  penalties  prescribed  in  section  21. ")S.]      (  M.  C.  sec.  2042.1 

The  portion  in  brackets  is  displaced  by  the  statutes. 

Sec.  2163.     Dramshop  in  liouse  of  prostitution  prohibited — 

No  dram-shop  shall  be  licensed  or  permitted  to  be  kept  or  maintained  in 
any  house  or  building  u.sed  for  the  ])ur])oses  of  prostitution  or  as  a  house 
of  assignation  or  iliraiiie.      |lf.  after  a  dramshop     licen.se  is  granted,  the 


ART.   V.   VI.  I  OF   FORTUNK  TKLI.ICUS   ANI>    ASTROLOGISTS.  1029 

liliildiliii  ill  wliiili  ilic  (li;iiiislii>]i  is  localcd  sli;ill  lie  uscil  lur  (lie  above- 
iiit'iuiiiiii'il  |inr|  OSes  or  ;iii_v  iil  iliciii.  ilicii  ilic  lii'i'use  granted  sliall  be  null 
and  void.  I      i  ,M.  ("..  sec  I'd't:!.  i 

Si'c.  "-'ItU.  I'«'iialt,\.  W  li(H'\fi-  sliall  viulaic  aii,v  ol  ilic  pruviHiouB 
of  this  artirk'  sliall  be  dwiiit'd  ■;nilt\  of  a  iiiisiU'iiicanor,  and  ujion  convic- 
tion tlici-cor  shall  be  lined  ill  a  sum  of  not  less  tliaii  tiliy  niir  iiiorc  than 
fliifc  hiiiidrcd  dollars.      i.M.  <"..  sec  1MI.|4.* 

Sec.  '2IGr>.  i>u(.\  ol  lii't'iist'  coiiiniissiiMUT  toi'iiltu'ce. —  [It  shaU 
be  the  s|)ecial  duty  of  the  license  coniiiiissioner  to  see  that  the  provisions 
of  this  article  are  enforced.]     (M.  O.,  sec.  2tl45.) 

This    Is.    of    course,    illsplari'il     by     tli.'    stiitiite    cfinferrinK    jurisdiction    on    the 
t'xrisc  I'omnilsslonpr. 

.\i;rici.i-:  \\ 

OF   lOLECTRIC   BATTERIES. 

Sec.  21()G.  License  required — term  of. — Li  shall  be  iiiilawliil  lor 
any  iierson  to  exhibit  any  electric  battery  in  the  City  of  St.  Louis  without 
lii>t  having  obtained  from  the  license  collector  a  license  therelor.  Said 
license  shall  not  be  transferable  and  shall  be  issued  for  twelve  iiiuiiihs. 
(M.  C,  sec.  2046.) 

For  autliority    of   Charttr.    .sfr   Art.    Ill,    sec.    26,   clause    5. 

Sec.  21()7.  .Viitoiiiit  «>r  license. — For  a  license  under  the  jjrovis- 
ioiis  of  this  article  the  a|iplir:ini  sliall  |ia\  iwciit v  live  dollars  in  advance. 
(M.  v.,  sec.  2047.) 

See.    2168.     Penalty. — Any    person    violatiuji;    the    provisions    of    this 
article  shall  be  guilty  of  a  niisdenieanor,  and  upt)n  conviction  thereof,  shall 
be  lined  not  less  than  twenty-tive  dollars  nor  more  than  one  hundred  dol 
lars  for  each  oll'ense.     (M.  C,  sec.  2048.) 

.MiTirLK  VI. 

OF  Ft  IK  11  .\i;  TKia.KKS  AND   ASTROLOGISTS. 

S.e.  2Ui!t.     Forliiiie  tellers  and  astrol<>«;ists  to  be  licensed. — 

No  pi'ison  shall  e.xen  ise,  williiii  llie  t'ily  ol  Si.  Louis,  llie  business,  pro- 
fession or  avocation  of  a  fortune  teller  or  astrologist.  without  lirsl  iuim  ur- 
ing  a  license  therefor,  as  hereinafter  provided.      (M.  <"..  sec  I'lM!!. ) 

Authorl«o<1  by  Chnrtfr.   .Art.   III.  sec.  26.  clause  5. 

See.  2170  Trriii''  (l«-l'iiu-il.  .V  roiiuiie  teller  is  one  \\h<i.  lor  a  com- 
pensation, tells  or  pretends  to  foretell  the  events  of  one's  life,  or  one  who 
pretends  to  a  knowledge  of  future  events.  An  astrologist  is  one  who,  for 
a  coinpen.sation,  pretends  to  foretell  the  future  events  of  one's  life  by  as- 
pect or  situation  of  the  stars,     i  M.  (".,  sei-.  2(l."i(t.) 

See.  2171.  .Vinoiint  of  license. — There  shall  be  levied  and  col- 
lected for  every  liieii.se  so  issued  lo  a  fortune  teller  or  to  an  astrologist, 
entitling  him  or  her  to  practice  their  [his  or  her]  [irofession   for  one  year, 

the  sum  of  one   Imiidred  dollars,     iM.  ('..  set-,  2tl.')l,) 


1030  REVISED  com:  i)i;  i:km:i:ai.  iii:i>iNANci:s.  iciiap.  3i. 

Sec.  2172.  Ponillty.-  .\ii.v  iicixm  who  .sliall  violate  aii.v  of  the  j.i-o- 
vi.sions  of  (his  arri(  Ic  sliall  lie  (Iceiiu'd  j;iiilty  of  a  iiiisdomeaiior,  and  upon 
conviction  tlicivof.  shall  he  tincd  not  less  than  one  inuuli-ed  nor  more  than 
Iwo  Inindicil  doilars  lor  carli  olVensc.      i.M.  ('..  sec.  1'II52.) 


ATrriCI.K  V[[. 

OF  noTi;i,s  .\.\'ii   i:oAi;i)i.\(;  houses.* 

Sec.  217:>.  Hotel  and  hoardin^-luxiscs  dt'fiiUMl. — A  house  where 
]ier.sons  are  furnished  with  either  board  or  lodjjinj>.  or  both,  loi'  a  eoni- 
[leiisation,  paid,  or  to  be  paid,  therefor,  and  luninji  more  tlian  foui-  bed- 
rooms for  the  use  of  jjuests.  is  a  liotel  oi-  lioardiii!;  house  wilhiii  I  lie  iiieau- 
inj?  of  this  ai'licle.     i  Al.  ('..  sec.  I'd."):!,  i 

Sec.  2174.  Aiuoiint  ami  term. — There  .shall  be  levied  and  col- 
iected  for  ever.v  hotel  or  l)oai(liu<;-house  the  sum  of  fifty  cents  for  each 
and  every  room  in  such  liou.se,  which  lias  lieen  constructed  or  intended  to 
be  used  as  liedrooms  oi-  parlors,  the  payment  of  which  amount  shall  entitle 
sucli  hotel  or  board!  ni>liou.se  lo  a  lici'use  foi-  one  year,  and  no  license  shall 
be  issued  for  a  less  term  tiian  one  ^car.     (  M.  ('..  sec.  2054.) 

By  oriUnanci?  2257.'!.  approveil  Oct.  i'.  1'.H1U,  (a(tc-r  siibmi.ssion  to  ttie  Assembly 
of  the  Key.  Code,  so  tiiat  the  saniL-  conUi  not  be  included  herein),  this  section 
was  amended  by  adding:  thereto  the  \voi-iis:  "said  license  in  each  case  to  run 
from  the  hr.st  da>-  of  l'^i-brnar\-  of  snch  \-ear." 

Sec.  2175.  Penalty. — .\ii\  pei-son,  tirm  or  corporation  who  shall  kee]) 
a  hotel  or  boardin<;-hou.se  wilhoul  tirst  haviii"  obtained  a  license  therefor, 
according'  to  the  ]ii'o\isions  of  section  2174.  shall  be  deemed  .nuilly  of  a 
iiii.sdeineant)!-,  and  ui)on  conviction  thereof,  shall  be  fined  in  double  the 
amount  required  for  license  lor  such  hotel  or  boarding-house,  not  exceed- 
inj;,  however,  the  sum  of  five  hundred  dollars:  but  nothinjj  in  this  article 
shall  be  so  construed  as  to  mean  houses  where  relations  of  the  family  only 
ai-e  boardinu   lor  a    coiii]M'nsalion.      i  .M.   ( '..   sec.   20.").").  I 


AUTKI.i;  \111. 
OI'  iiousio  AND  rii-;.-\[.  losTATi-:  .\(;i;xTs  .axd  brokers.** 

Sec.    2176.       House   and    r«'al    e.state   ajjents   defined.— Every 

l»erson  or  fii-ni  composed  of  one  or  more  jiei'soiis.  who  shall  ad  as  ajjent 
for  any  party  in  the  leasiiio.  reniino  or  sellinji  of  houses  or  real  estate  at 
I'l'ivate  OI-  public  sale,  or  who  shall  receive  ot'  ctdlect  rents  lor  another  for 
a  coininissioii  or  other  compensation,  or  who  shall  advertise  or  hang  out 
any  sign  or  device  which  shall  designate  him  as  an  agent  for  the  renting, 
(•(dlecting  reiils.  leasing  or  selling  of  houses  or  real  estate,  shall  be  consid- 
ered as  house  <m'  real  estate  agent.     (M.  C,  sec.  2056.) 

•The  provisions  of  tbi.s  article  (7)  upheld:  St.  Louis  vs.  Bircher.  76  Mo.  431.  af- 
firming 7  Mo.  App.  1G9.     Charter  authority:     Art.  Ill,  sec.  26.  clause  5. 

•"The  provisions  of  this  article  (S)  were  sustained  as  within  the  Charter 
powers  of  the  cit>'  to  enact  and  as  not  beins  unconstitutional  in  St.  Louis  vs.  Mc- 
Cann.  Km  Mo.  .'SOI.  See  Charter.  Art.  Ill,  sec.  26.  subdivision  5;  but  that  clause 
does  not  confer  power  to  require  afcents  to  take  down  premises  that  may  bo  un- 
safe:     .St.    I is  v.s.   Kaime.    ISM  JIo.   nO!l.  .lie. 


AUT,  IX. I  <>i"  i.nti:i,i.ii;i;m  1.;  (ikkices.  jq31 

Sec.  2177.  Ileal  ostato  brokrr  (it'liiii'd.  — A  nal  "state  lunkt  r 
is  one  wlio  lor  luiiiiiiissiuii  or  oilier  comin'iisaiioii  is  i'ii;{aj;t'd  in  llie  sclliiifi 
of  or  nefiotiatcs  sales  of  real  estate  beloiijiing  to  others.     (M.  ('.,  sec.  2057.) 

Sec.  2178.  .\inoiiiit  -|>«>iiall,\ .  -I'AiTV  piTsmi  or  lii-rii  iiiiiiiiusihI  nf 
one  oi-  nioic  |iiMsons  cnua^cil  in  llu'  business  delined  in  the  foreifoiny;  sec- 
lions  shall  jiav  an  annual  lieense  of  twenty  the  dollars,  which  shall  he  jiay- 
ahle  liefore  an\  such  person  or  linn  shall  he  perniilted  to  ti'ansact  any  linsi- 
lu'ss ;  aiul  if  such  person  oi-  persons  fail  to  pay  said  license,  then  he  or  they 
shall  he  de«'nu'(l  fiuilty  of  a  niisdemeanoi-,  and  n|)on  conviction  thereof,  bu 
lined  not  less  than  one  Iniiidied  dollars  imr  more  than  two  hninlred  dollars. 
I  M.  C,  sec.  2(l.-.S. ) 

Tills    si'i'tUm    l.s    ninciidi'tl    b.v    old.    No.    2L'«li7.    iipprovotl    Oct.    I.t,    1906    (too    late 
for   iii.«>'i'tloii    m    HfV.  CoJr).     .Si'f  .siiiiif   si't   forth    in   tlii"   Appendix. 

.Mrriiii;  ix. 

I'l-  i.\'ii;i,i.iui-:.sci-:  offices. 

Sec.  U17!i.  liitrHijjriMH'  otlh'i'  dcfiiHMl. — Whosoever  shall  upon  or 
keep  an  otViie  or  place  in  the  ciiy  lor  llie  puriio.s*'  of  olUaiiiinj;  eniploynient 
for  others,  or  obtainino;  employes  for  others,  or  fiiviiifi  information  whereby 
employers  or  eiii|iloyes  may  be  obtained  for  a  c(mi]ieiisalioii  to  be  ](aid  by 
either  parly,  shall  be  deemed  lo  be  the  keejier  of  an  inlellioi.|i(|.  otfice.  (  .M. 
<'..  sec.  -Jd.')!!.  I 

Sec.    L'l.s<».       I,i<*«'nsc    i-<>(|iiir(Ml — api>n<-atit>ii— Ii<H>iisi>     (<>     1k» 

Ito.sted. —  No  |ierson  shall  keep  an  iniellioeiice  olfice  in  this  city  without  a 
license  therefor,  tirst  liad  and  obtained  from  the  license  collector,  for  which 
such  iierson  shall  pay  the  sum  of  three  hundred  dollai-s  per  annum.  The 
license  collector  shall  issue  all  licenses  ]irovided  for  by  this  arlich':  [iro- 
\  ided,  that  sncli  a|>idiialion  for  a  license  shall  be  in  wrilinj:  and  shall  slate 
where  the  proposed  intellijieiice  otVice  shall  be  kept;  and  iiro\ided,  that  no 
license  shall  l>e  ;iranted  under  this  article  until  the  license  collector  ha.-^ 
procured  from  the  jiolice  coniniissioners  an  indorsement  on  the  back  of  the 
ap|ilication  to  the  etVect  that  in  their  ojiinion  the  ap])licant  is  a  person  of 
Uood  moral  character.  Every  person  holding  such  license  shall  keep  a  copy 
of  this  article  conspicnouslv  liuno  n|i  in  his  or  their  olfice.  (.M.  ('.,  sec. 
JOtiO.) 

f'hio-IiT  nnil'.iiiiv         \rr     Ml     ^.1      ■:'i;    iiniiM.'   .'. 

See.  21S1.  l>i-(-r|>ti(>ii  by  kri'iH'r.s  |u'iiallii-s.  \uy  keeper  of 
an  intelligence  office  who  shall  nuike  any  willful  misrei)re.sentation.  or  re- 
c<Mve  nion(>y  for  positions,  either  directly  or  indirectly,  unless  jiosition  is 
secured,  or  who  shall  willfully  deceive  any  person,  or  who  shall  ask,  de- 
mand or  receive  any  unusual  or  e.\orbiiant  fee,  or  be  j;nilly  of  any  dece|i- 
lion  whatever,  to  any  person  who  may  employ  him  or  her,  as  the  case  may 
be,  shall  In'  d<H>nied  ;;iiilly  of  a  inisdemeanor  and  upon  conviclion  thereof 
shall  1k'  lined  for  each  olVense  not  less  than  lifty  dollars,  and  the  license  of 
sin-h  iiersons  shall  thereby  iK'coine  forfeited,  and  he  shall  be  incomiietent. 
ihei'eafler,  to  receive  a  licen.-^e  under  the  provisions  of  this  artiile;  |irovided. 
however,  thai  Ihis  section  shall  in  nowise  ap|iertain  or  ajiply  to  the  em- 
ploynuMil  bureaus  of  benevolciil  or  traiernal  societies,     iM.  ('.,  sec.  2fll>l.) 

Sec.  2182.  liicciisr  nia>  Itc  revoked. —  The  iiiay«n-  shall  have 
power  and  autliorii\.   on   u''"'(|   lause  shown,   to   ri'voke  any   license  issued 


10:i2  RKVISKD  CODK  OR  GENERAL  ORDIN.\NCES.  [CHAP.   31. 

under  this  article,  and  ujion  siicli  revocation  shall  certify  liie  same  to  the 
license  collector;  i)rovided.  however,  that  the  i)erson  or  persons  complained 
of  shall  have  a  reasonable  opportunity  to  defend  themselves;  and,  i)rovided. 
further,  that  each  license  issued  by  virtue  of  this  article  shall  express  on 
its  face  that  it  is  received  and  held  subject  to  be  revoked  at  the  pleasure 
of  the  niayoi-.     (M.  C.,  sec.  20G2.) 

Sec.  21.S3.  Penalty. — Every  person  who  shall  violate  or  fail  to  com- 
l)ly  with  the  provisions  of  section  2180  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  thereof,  be  fined  not  less  than  one  hundred  dollars.  (M. 
C.  sec.  2063.) 


ARTICLE  X. 

OF  MANUFACTURERS.* 

Sec.  2184.  Maiiiifai'tiirer  defined. — Every  jiersou,  firm  or  corjtora- 
tion,  who  shall  hold  or  purchase  personal  property  for  the  pur])0se  of  add- 
ing to  the  value  thereof,  by  any  jjrocess  of  manufacturing,  refining,  or  by 
the  combination  of  different  materials,  or  shall  purchase  and  sell  manu- 
factured articles  such  as  [he  manufactures]  or  uses  in  manufacturing, 
shall  be  held  to  be  a  manufacturer  for  the  pur])oses  of  this  article,  except 
as  is  or  may  be  otherwise  ])rovided  by  oi-dinance.     (  ^[.  C.  sec.  20G4.) 

Sec.  2185.  License  required — aiuount,  etc. — Every  person  de 
fined  to  be  a  manufacturer  by  the  preceding  section  shall,  before  doing  or 
offering  to  do  l)usiness  as  such,  jirocure  from  the  license  collector  a  license 
therefor,  under  the  provisions  of  this  article,  for  which  there  shall  be  paid 
the  same  rate  as  merchants  are  reijuired  to  j)ay  for  a  license;  ])rovided,  in 
collecting  license  on  the  sales  of  tobacco  of  any  kind,  on  high-wines  and  on 
beer,  the  manufacturer  shall  be  permitted  to  deduct  the  amount  of  tax  paid 
the  United  States  from  the  total  sales  made  by  him  or  them,  and  if  he  shall, 
within  the  City  of  St.  Louis,  do  or  offer  to  do  any  manufacturing  business 
without  first  complying  with  the  provisions  of  this  article,  or  shall  other- 
wise violate  or  fail  to  comply  with  any  of  the  provisions  of  this  article, 
he  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall 
be  fined  not  less  than  twenty-five  dollars  nor  more  than  five  hundred  dol- 
lars for  each  offense.  No  license  shall  be  assignable  or  transferable.  (M. 
0.,  sec.  20(ir).i 

Sec.  2180.  Statement  of  manufacturer  required — license, 
when  paid — publication. — The  license  collector  or  his  deputies  shall,  after 
the  first  Monday  of  JIarch  and  before  the  first  Monday  in  June  in  each 
year,  call  on  each  and  every  person  defined  by  this  article  to  be  a  manufac- 
turer, and  notify  him  to  furnish,  and  it  shall  be  the  duty  of  such  person, 
whether  so  notified  or  not,  to  furnish  said  license  collector:  First,  a  state- 
ment of  the  value  of  the  greatest  aggregate  amount  of  raw  materials,  mer 
chandise  and  finished  jn-odncts  (lo  be  listed  separately)  which  he  had  on 
hand  between  the  first  ^londay  of  March  and  the  first  Monday  in  June  in 
each  year  on  any  one  day  between  said  times,  as  well  as  all  tools,  machinery 
and  ai)pliances  used  in  conducting  his  business  or  owned  by  him  on  the  first 

•Charter  authority:  Art.  III.  sec.  26,  clause  u.  Statutory  authority  of  city  to 
tax  manufacturers,  see  R.  S.  1,S99.  sees.  9391.  9398,  being  set  forth  herein  in  State 
I,;i\vs   for  .St.   Louis,  sec.   496.   page   191. 


AHT    X]  OF  MANUFACTURERS.  |03;i 

(lav  ill  .liiiu'  i>r  catli  vi'iir.  Sccoiul.  a  statement  of  ilic  ajifirofjatt'  aiiiDiiiii 
of  all  sales  made  liy  liim  iluriiig  the  year  next  iiretediiif;  the  lirst  Monday 
of  June,  wliieh  statement  shall  be  made  iu  writing  and  deliveied  to  the- 
liiense  collector,  verified  by  the  attidavit  of  the  manufacturer,  or  olVicer 
of  the  corjioration  makinj;  it,  if  residin>i  in  the  city;  if  not.  then  by  some 
cii-diliic  person  aiitiiuri/ed  to  do  so.  and  the  amount  of  tax  and  license  due 
Ihei-eoii  shall  he  i>aid  to  the  license  collector,  at  his  olVice.  on  or  before  the 
lirst  .Monday  of  .Inly  in  each  year.  II  shall  be  the  duty  of  the  license  col 
lector,  when  so  directed  li\  the  comptroller,  to  {live  iu)tice  by  ])ublication 
in  the  papers  doinj;  the  cily  printing  of  any  of  the  |)rovisioiis  or  I'cipiire 
ments  of  this  article.      tM.   ( "..  .sec.  2()tiii.  i 

See.    21M7.     Ad    valorem    (a\,    to    In-     U'vied.  — In    athiilioii    to 

the  license  hereinbefore  i)rovided  for.  there  shall  be  levied  and  c(dlecled  on 
the  value  of  the  raw  materials,  merchandise  and  finished  products,  tools 
and  nmchinery  and  appliances  contained  in  the  statement  as  aforesaid,  an 
annual  ad  valorem  city  tax  at  the  same  rate  as  is  required  by  ordinance  for 
the  laxin-r  of  merchants,  within  the  several  districts  of  the  city,  which  tax 
and  licen.se  hereinlicfni-e  mentioned  shall  be  paid  to  the  license  collector,  on 
or  before  the  fii-st  Mondav  of  July  in  each  and  every  year.  (  M.  <'.,  sec. 
20G7.) 

Sec.  2188.  Form  of  lironsc.  —  It  shall  be  the  duty  of  the  comp 
troller  to  furnish  the  license  collector  with  blank  licenses,  which  lic<'nse 
shall    be  charged   to   the   license  collector,  and   his   receijit   taken    lher<'lor. 

Said  license  shall  be  in  the  following  form:     No.  manufactni'ci's'  city 

license.     The  City  of  St.  Louis:       To  all     who  shall  -see  these     presents. 

greeting:     Know  ye  that  having  paid  ,  license  collector  of  the 

City  of  St.  Louis,  the  sum  of  • — ■ —  dollars,  being  the  license  tax  u])on  

as  manufacturer;   therefore  the  said  is  hereby  authorized   to   nmnu- 

facture  the  following  articles,  viz.:  exce[)t  as  otliei'wise  i)rovi(led   by 

ordinance,  at  any  one  place  of  business  within  the  city  for  the  year  ending 
on  the  first  Monday  of  July,  19 — .  and  to  .sell  and  disjjose  of  such  articles 
so  manufactured  at  the  same  ]dace.  or  any  other  one  i)lace  in  the  city.  In 
testimony  whereof.  I  ,  comi>lroller  of  the  City  of  St.  Louis,  have  here- 
unto set  my  hand  this  day  of .  1!) — .  ,  comptroller.    Attest: 

.  Register.       Tax  .  license .   Delivered  this  day  of  . 

10—, . ,  license  collector.    ( .M.  ('..  .sec  2(108.) 

Sec.  21S9.  Licenses  issued — to  compare  with  stubs  of 
blanks. — The  blank  lii-enses  ju'iivided  for  in  the  nexi  |U-e(HMling  section 
shall  be  bound  in  book  form  with  suitable  mai'gins  or  stubs,  on  which  shall 
bo  made  and  entered  the  swoi-n  statements  re(|uii'ed  b\  this  aiMicle.  There 
shall  also  be  ent(>red  upon  the  margins  or  stubs  the  amount  of  tax  and 
license  collected  in  accordance  with  the  statement  so  made;  said  mai-gins 
or  stubs  shall  be  returned  with  the  licen.se  collector's  statement  of  the  items 
niid  aggregate  amount  collected  to  the  comptroller,  who  shall  examine  and 
com)iai'e  the  same  and  charge  the  aggregate  amount  coUecti'd  to  the  license 
crdieclor.      (M.    C..    sec.    2(M;0.  ) 

Sec.   21!I0.      Hoiid When    any  manufacturer,  manufacturing  tirm  or 

corporation  shall  conunence  tlie  business  of  manufacturing  in  the  City  of 
St.  Louis,  after  the  lirst  Monday  in  July  in  any  year,  he  or  they  shall  take 
out  a  manufaclurei's'  licens«*  thei'cfor.  but  before  any  such  license  shall  be 
issued  to  him  or  them,  he  nr  tliev    shall    exeiiile    a    bond   to  tl it\.    with 


lO.U  RKVISKIJ  CODK  on  GENEiiAL  ORDINANCES.  [CHAP.   31. 

Iwo  01-  mole  sut'tii'ieut  sec ui-i tics,  wlio  .sliall  he  freeholders  at  the  time,  or 
deposit  with  thi-  liiense  collecttn-  lioiids  of  the  City  of  8t.  Louis  or  other 
securities  of  e(iual  value,  eoudilioued  tliat  he  or  they  will  after  the  first 
.Monday  of  .lune  next  sncdeediug  and  before  the  first  Monday  of  July 
Miereafter.  Juriiish  to  the  license  collector,  first,  a  statement,  verified  as 
llierein  reciuiicd.  of  the  value  of  the  jireatest  aj;j;rej>ate  amount  of  raw  ma- 
icrials,  mercliandisp  and  tinisiied  jiroducls  (to  he  listed  sepai-ately ) ,  which 
lie  had  on  hand  between  the  tiisi  .Monday  of  ilarch  and  the  first  Jlonday 
of  June  on  any  one  day  between  said  times,  as  well  as  all  tools,  maclnner\- 
and  api)lian(('s  used  in  conductinff  his  or  their  busiue.ss,  or  owned  by  him 
or  them  on  tlic  lirst  day  of  June;  second,  a  statement,  verified  as  herein  re- 
i|uired,  of  llic  aii,iirej«ate  amount  of  all  sales  nnide  by  Ihem  durinj^  the  year 
or-  jiart  of  \eai-  from  the  time  he  or  they  commenced  business  to  the  first 
.Monday  of  .lunc  iie.xt  sncceedinj;.  and  thai  he  or  the.\'  will  jiay  to  the  license 
collector  the  ad  valorem  tax  and  license  due  u}pon  the  amounts  of  such  state- 
ments, whidi  bond  or  securities  shall  be  in  such  sum  as  the  license  collector 
may  deem  sufficient  to  protect  tiie  city's  interest,  and  shall  be  approved  ba- 
ilie license  collector  and  his  a])proval  indorsed  thereon,  and  upon  which 
statement  tiieie  shall  be  jiaid  the  same  rate  of  taxes  and  licen.se  as  other 
]nanufactufeis  pa.\  ;  but  the  amount  of  ad  valorem  tax  demanded  shall  bi- 
such  a  fraction  of  the  full  annual  tax  as  the  time  from  the  day  on  which 
business  was  commenced  on  the  first  Monday  of  July,  next  succeediuj;. 
bears  to  one  year;  and  every  such  manufacturer,  manufacturing  firm  or 
cotporation  who  shall  fail  or  neglect  to  jierform  and  fulfill  the  conditions 
ol  the  bond  executed  by  him  or  lliem.  as  herein  provided,  shall  be  deemed 
to  have  forfeited  said  botnl,  and  in  that  event  it  shall  l)e  the  duty  of  the 
comptroller  to  cause  suit  to  be  instituted  thereon  ai;ainst  the  principal 
and  all  sureties  of  such  bond,  in  the  court  liavin«;  jurisdiction,  or  make 
sale  of  the  securities  deposited  with  him  instead  of  a  bond  at  public  sale 
after  having  given  ten  days'  notice  thereof  in  the  uewspajier  doing  the  city 
] printing.      (M.  ('..  sec.  1207(1.1 

Sec.    21'Jl.     .Vrcoiiiit    sak's     iipiMi     t<»     license     eollector. —  It 

shall  be  the  duty  of  each  manufacturer,  manufacttn'ing  firm  or  corjioration 
to  kee})  in  a  pro|ier  book  and  entered  in  ink  an  account  of  all  sales  made 
by  him  or  them,  which  accounts  shall  always  be  ojxmi  to  the  ins])ection  of 
the  license  collector,  to  verify  the  returns  nnule  to  him.  The  statements 
or  returns  niadi'  to  the  lic(>nse  collector  under  the  re(|uirements  of  this  ar- 
ticle shall  not  be  made  ptdilic.  nor  shall  they  be  subject  to  tiie  inspection 
of  any  person  e.\ce|it  the  mayor.  c(ini]itrollei'  and  members  of  the  municipal 
assendily.      (.M.  ( '..  .sec.  I'OTl.) 

See.    2l!»2.       Penalty    for    laihire    1«>    make     statement. — In 

ca.se  any  mannlacturer,  manufacturing  firm  or  coriioration  shall  fail,  neg- 
lect or  refuse  lo  d(»liver  the  statements  herein  re(|uired.  or  pay  the  license 
and  tax  le\  ied  b\  this  article  on  or  liefore  the  first  Monday  in  July  of  each 
y(?ar,  he  or  they  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  convic- 
tion thereof  shall  be  fined  as  provided  in  section  2185,  and  in  addition 
thereto  the  license  collector  shall  assess  the  raw  nniterials,  merclmndise. 
linished  product,  tools,  machinery  and  appliances,  and  aggregate  amotmt 
of  all  sales  of  such  m;inufacturer.  manufacturing  firm  or  corjioration,  at 
double  their  \ahi(\  to  be  ascertained  from  the  best  information  he  can  ob- 
tain, and  he  shall  rejiort  the  delinf|uent  to  the  citv  attiirnev.  (M.  ('.,  sec. 
2072.) 

Sec.    219:i.     Penalty    lor    making;    false  .statement — Whoever 
sliall  make  or  tile  with   the   license  collector  under  the  imtvisions  of  this 


\UT    XI.  I  UF   MIIKCHANTS.  lOlfc", 

artit'l<>.  a  falsi'  slali-iiicui  iiiiilcr  ualli.  shall,  oii  coiiv  iri  imi  (lit'i'fur.  rorfi'll 
liiH  license  and  pay  a  tine  of  not  exceedinf;  live  iiuixli-ed  dollars.  And  it 
shall  be  the  diitv  of  the  liueii.se  colleetor  to  carefully  e.\aiiiine  all  statements 
tiled  with  him.  and  to  i>roseeiite  all  violations  of  this  artiele. -aecordiiij;  to 
law;  prox  ided.  that  hefore  iiisi  iindn;;  any  such  |irosec)ilioii.  lie  shall  j,'lve 
I  he  mamiraci  urer  an  (i|i|i(ii'l  uiiiiy  uf  explainiiij;  his  slatemeut  and  of  correct- 
in;;  it,  if  iiiadverleiit  ly  made.  .\Md  if  it  shall  apix-ar  to  the  li<-en.se  collector 
ihal  such  fal.se  siaicmeiii  was  wilirully  and  corru[)tly  made,  he  shall  report 
:ill  the  facts  111  ilii-  i.'raiid  }uv\ .      i  M.  ( '.,  see.  •JOTIM 

.\i;riii.i:  .\i. 

« 'I'  .\ii:i;iii,\Nrs  ° 

Ser.  21!>-t.      .AliTcliaiit — («'riu  4i«>fiii<>ti.      \\  hocNcr     shall  (leal  in  the 
.selling;  of  any  ^ouds.  wares  or  nicrchamlisc  at  aii,\  store,  stand  or  place  occn 
|iid  for    that     purpo.sc    within    the  city,  or  at   the  .Merchants'   l''xchanj;e,   is 
hereliy  declared  in  lie  a  menhant,  except  as  is  or  may  lie  otiierw  ise  ]irovided 
liy  ordinance.      i.M.  ('.,  see.  lit  (74.  i 

See  footiio'e. 

Sec.  2I!l"'.  Liffii.st'  rt'iiuirt'tl. —  lOvery  person  detined  to  be  a  mer- 
chant by  the  |iiccediii_i;  section  shall,  before  doiii^  or  oll'erin^  to  do  I  he 
liiisiness  as  such,  iirocure  from  the  license  colleclor  a  licen.s(>  therefor,  under 
I  he  provisions  of  this  article,  and  if  he  shall,  within  the  (.'ity  of  St.  Ijoiiis. 
sell  or  oiler  for  .sale  any  ^oods,  wares  or  merchandise,  willioni  fii'st  com- 
plying with  the  provisions  of  this  article,  or  shall  otherwi.se  \iolale  or  fail 
lo  coiiipl\  with  any  of  the  jirovisions  of  tlii.s  arliclc.  he  shall  be  deemed 
1,'iiilty  of  a  misdemeanor,  and  on  conviction  thereof,  lir  lined  not  less  tliau 
iweiity-tive  dollars  nor  nmic  ilian  ii\c  Imiidred  dnllars  lur  each  olVense. 
1  .M.  ('..  sec,  I'llT.".  I 

Sci-.  2I!M>.  l..l<Tnst'  <-iiiiii(»(  ln'  assi^fiKMl. —  NO  license  shall 
be  ,'issi;;iiable  or  transferable,      i  .M.  ( '..  sec.  juT-^a.! 

Sec-.  l.M!>7.  StatlMllt'llt  «»l"  Illcrc'liailt.H. —  The  license  i-olleclor 
<ir  his  deputies  shall,  after  the  first  .Monday  in  .March  aii<l  berori'  the  lirsl 
.Monda.\  of  .lune  in  each  year,  call  on  each  and  e\ery  person  detined  by  this 
article  to  be  a  nierchaiit,  and  notify  him  to  furnish,  and  it  shall  be  the 
duty  of  such  pi'i'siin  whethfr  so  notifird  or  not  to  furnish,  said  licriisc  col- 
leetor: First,  a  stalemeiit  of  the  valiii'  of  the  largest  aiiiounl  of  all  };oods. 
wares  and  merchandise  which  he  may  have  had  in  his  possession  or  iimler 
his  control  at  any  time  between  the  first  Moinlay  of  March  and  the  first 
.Monday  of  .liine  in  each  year;  second,  a  slatemeiii  nf  ilic  afi-ire^^ate  aiiuMini 
i>f  all  sales  made  by  him  during  the  year  next  |irecediii;;  the  first  .Mond.iy  of 
■lune,  which  statement  shall  be  made  in  wriliii"  and  deli\crcd  lu  the  license 


•As  to  slatutor>'  power  of  city  to  tux  nuTiliiint.s.  «>•>■  It.  .s.  i.s;i;i.  .si-cs.  9397  nn<l 
9398  (State  Lnw.s  for  St  Louis,  p.  190-191:  »oos.  4U.'>-I96) :  for  cliurtfi-  powiT.  sci- 
ChartiT.  Alt.  111.  avc.  I'H.  claiiHi-  ."i.  anil  noti'ii.  Term  "MiTflinnt"  (Ifnncd  as  iisi-il  In 
divers  tliartrr.  statute  or  onllnnnrf  provisions:  Cunton  vs.  McDanli-l,  IS.S  Mo.  207: 
Kansas  City  v.s.  VlnOquest,  3B  .Mo.  App.  51(1;  Kansas  City  vs.  I.jirtnT.  Gl  Mo.  App. 
604:  Kansas  City  vs.  Johnson.  7S  Mm.  6B1:  .St.  Jusi'pli  vs.  l)y.-.  7:;  M".  App.  :;14:  Troy 
vs.    Harris.    101'  Mo.   App.   51. 

As  to  vullJlty  of  mcrcliants'  ta.x.  s<-r  Aurora  vs.  McOannon.  138  Mo.  38;  St. 
Ixiuls  vs.  Stelnbt-rg.  69  Mo.  I')t9.  Canton  vs.  Mrnanli-I.  ISS  Mo.  :i)7:  Trov  vs.  Har- 
ris,  lo;  Mo    App.    BI. 


1036  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  31. 

collector,  verified  by  tbc  affidavit  of  the  mercliaut  oi-  officer  of  the  corpor- 
ation making  it  if  residing  in  the  city;  if  not.  then  by  some  credible  person 
duly  authorized  to  do  so.  and  the  amount  of  the  tax  and  license  due  thereon 
shall  be  paid  to  said  collector  at  his  office  ou  or  before  Ihe  first  Monday  of 
July  in  each  year.  It  shall  be  the  duty  of  the  license  collector,  when  so 
directed  by  the  comptroller,  to  give  notice  by  publication  in  the  pajiers  do- 
ing the  city  printing  of  anv  of  the  provisions  or  requirements  of  this  ar- 
ticle.     (M.  C.  sec.  2(170.1 

Sec.  2198.  Ad  valorem  antl  additional  tax — rate — time 
of  payment. —  There  shall  be  levied  and  collected  ou  the  \alue  of  the 
largest  amount  of  all  goods,  wares  and  merchandise  stated  as  aforesaid  an 
ad  valorem  tax  of  one-fifth  of  one  per  ceutum  ou  the  value  of  all  such  goods, 
wares  and  merchandise,  situated  within  the  limits  of  the  City,  for  municipal 
purposes.  This  tax  shall  be  paid  to  license  collector  on  or  before  the 
first  Monday  of  July  in  each  year,  together  with  a  license  which  shall  be 
]iaid  every  year  by  the  merchant,  mercantile  firm  or  corporation  (in  ad- 
dition to  the  per  centum  hereinbefore  stated)  of  one  dollar  on  each  one 
thousand  dollars  or  fractional  part  thereof,  of  sales  made  by  such  merchant, 
mercantile  firm  or  corporation,  provided  that  no  license  shall  be  issued 
under  the  provisions  of  this  article  for  a  less  sum  than  five  dollars,  which 
sum  shall  be  paid  by  each  merchant,  mercantile  firm  or  corporation  doing 
a  business  of  five  thousand  dollars  or  less  per  annum.  (Ord.  20600  amend- 
ing M.  C.  sec.  2077.) 

Sec.  2199.  Form  of  license. — It  shall  be  the  duty  of  the  comp- 
troller to  furnish  the  license  collector  with  all  blank  licenses,  which  licenses 
shall  be  charged  to  the  license  collector  and  his  receipt  taken  therefor. 
Said  licenses  shall  be  in  the  following  form:  Merchant's  city  license.  No. 
.  The  City  of  St.  Louis:  To  all  who  shall  see  these  presents,  greet- 
ing:    Know  ye  that having  paid  to ,  license  collector  of  the  City 

of  St.  Louis  the  sum  of dollars,  being  the  tax  and  licen.se  upon  

as  a  merchant,  therefore  the  said    is  hereby  authorized     to  sell  any 

goods,  wares  and  merchandise  of  any  description,  except  as  otherwise  pro- 
vided by  ordinance  at  any  one  store,  stand  or  place  of  business  within  the 
city,  or  at  the  Merchants'  Exchange,  for  the  year  ending  on  the  first  Monday 

of  July,  19 — .      In  testimony    whereof.  I.  ,  comptroller  of  the  City  of 

St.  Louis,  have  hereunto  set  my     hand  this  day  of ,  19 — .     

Comptroller.  Attest:  ,  Register.  Tax,  ;  license,  .  De- 
livered this  day  of  ,  19 — ,  ,  License  Collector.     (M.  C,  sec. 

2078.) 

Sec.  2200.     Licenses  issued  to   correspond  with    stubs The 

blank  licenses  provided  for  in  the  next  preceding  section  shall  be  bound  in 
book  form,  with  suitable  margins  or  stubs,  on  which  shall  be  made  and 
entered  the  sworn  statements  rej^uired  by  this  article.  There  shall  also  be 
entered  upon  the  margins  or  stubs  the  amount  of  tax  or  license  collected  in 
accordance  with  the  statements  so  made;  said  margins  or  stubs  shall  be  re- 
turned, with  the  license  collectors  statements  of  the  items  and  aggregate 
amount  collected,  to  the  comptroller,  who  shall  examine  and  compare  the 
same,  and  charge  the  aggi-egate  amount  collected  to  said  collector.  (M.  C, 
sec.  2079.) 

Sec.  2201.  Bond. — WTienany  merchant,  mercantile  firm  or  corporation 
shall  commence  business  in  the  Citv  of  St.  Louis,  after  the  first  Monday  in 


AHT     XI.  I  OF  MKRCHANTS.  JO37 

•  liilv,  in  any  .M-ar.  lie  or  ilit-v  sliall  lake  uni  a  iiicrcliant's  license  ilierefor, 
but  bel'Dre  any  sneli  licen.se  siiall  lie  issneii  lo  him  ov  llieni,  lie  or  (hey  sliall 
execute  a  lioml  I<»  the  city,  with  two  of  more  sulVicieiil  securities,  win)  shall 
be  freeholders  at  the  time,  or  deposit  with  the  liceii.se  collector  boiid.s  of 
the  City  <>(  St.  Lmiis  or  other  securities  of  e(|ual  value,  conditioned  that 
Le  or  they  will,  on  or  before  the  first  Monday  of  July  ne.xt  followiiifj,  fur 
nisli  to  the  license  collectcu-.  first,  a  statement  verified  as  recjuired  by  thi.s 
article,  of  the  value  of  the  larj;esi  amount  of  all  jidods,  wares  ••iiid  mer- 
chandise he  or  tlie\-  had  on  hand  or  subject  to  their  control  at  any  time 
fK'lweeii  the  lir.sl  .Monday  of  .Man-h  and  the  tiist  .Moiwhiy  of  .lune  ne.\t  suc- 
ceeding; second,  a  statement,  verified  as  re(|uired  by  this  article,  of  the 
aj;};rej;ate  anuuint  of  all  sales  niaile  by  them  between  the  (kite  upon  which 
he  or  they  c(Uiiiiienced  business  and  the  lir.st  .Monday  of  June  next  succeed- 
ing;, and  that  he  or  they  will  jiay  to  said  collector  tlie  ad  valorem  tax  and 
license  due  accordinj;  to  the  ]U'ovisions  of  this  article,  which  bond  or  seciiri 
ties  shall  be  in  such  sums  as  the  license  collector  may  deem  sulficient  to 
protect  the  city's  interest,  and  shall  be  ap])n)ved  by  him  and  his  approval 
indorsed  thereon.  Upon  such  statements  there  shall  be  paid  the  same  rate 
of  taxes  and  license  as  other  merchants  jiay,  but  the  amount  of  ad  valorem 
fax  demanded  shall  be  such  a  fraction  of  the  full  annual  tax  as  the  time 
from  the  day  on  which  the  luisiness  was  commenced  to  the  first  Monday  of 
July  next  succeeding  bears  to  one  year,  and  every  such  merchant,  mer- 
cantile firm  or  corpiu-ation  who  shall  fail  or  neglect  to  perform  or  fulfill 
the  conditions  of  the  bond  executed  liy  him  or  them  as  herein  provided,  shall 
be  deemed  to  have  forfeited  said  bond,  and  in  that  event  it  shall  be  the  duty 
of  the  coinptroller  to  cause  suit  to  be  instituted  thereon  ajrainst  the  prin- 
cijials  and  all  such  securities  of  such  bond  in  the  court  lia.vin<::  coin|ietent 
jufisilictioii.  or  make  sale  of  the  securities  deposited  with  him  instead  of  a 
bond,  at  public  sale,  after  having  given  ten  (hiys"  notice  thereof  in  the  news- 
papers doing  the  city  jirinting.     (M.  C,  see.  2080.) 

See.    2202.     Account    .nales     to    be    open     to    inspection. — It 

stiall  lie  the  duty  of  each  mercliant,  mercantile  firm  or  corporation  to  keep 
a  ]>roper  book,  and  entered  in  ink,  an  account  of  all  sales  made  by  him  or 
them,  which  account  shall  always  be  o])en  to  the  inspection  of  tlie  license 
collector  lo  verify  the  retui-ns  made  lo  him.  The  statements  (U-  returns 
made  to  the  license  c(dlector  under  the  rt>(|uirements  of  this  article  shall 
not  lie  made  public,  nor  shall  they  be  subject  lo  the  ins|ieclion  of  any  per- 
son except  the  mayor.  com|itroller  .-iiid  members  of  the  mtinicipal  assembly. 
IM.  I".,  .sec.  •2i)><\.) 

8ec.  2203.  Penalty  for  failure  t()  nialve  statement  or  pay 
license.  —  In  case  any  person,  mercantile  firm  or  coipuiaiion  shall  fail, 
neglect  or  refuse  to  deliver  the  statement  herein  re(|uired  and  pay  the  tax 
and  license  levied  by  tiiis  article  on  or  before  the  first  .Monday  of  July  in 
each  year,  lie  or  they  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on 
conviction,  shall  be  fined  as  provided  for  in  section  219."),  and  in  addition 
thereto  the  license  <'olle<tor  shall  a.ssess  the  goods,  wares,  merchandise  and 
aggregate  amount  of  sales  of  such  merchant,  firm  or  corfioration  at  double 
their  value,  to  be  ascertained  by  the  best  information  he  can  obtain,  and  he 
shall  also  report  the  delinquent  to  the  city  attorney.     (M.  C..  .sec.  20S2.) 

Sec.  2204.  Penalty  for  making:  false  stalement. — Whoever 
shall  make  or  file  with  the  license  collector,  under  the  jirovisions  of  this 
article,  a  false  sfatenient  under  oath,  shall,  on  conviction  thereof,  forfeit 
his  license  and  pay  a  line  not  exceeding  live  hundred  dollars:  and  it  shall 


1038  i:i:vi.si;i)  code  oi:  gknkral  ordinances.  [chap.  si. 

b(^  (lie  diil.v  (»r  llu'  license  collectoi-  to  carefully  examine  all  statements  filed 
\\itli  him  and  to  jn-osecnte  all  violations  of  This  article  according  to  law: 
jirovided,  that  befoie  institntinfj  an,y  such  jti-osecntiou  he  shall  give  the 
merchant  an  opportunity  of  explaining  the  statement  and  correcting  it  if 
inadvertently  made;  and  if  it  shall  apjtear  to  the  license  collector  that  such 
false  statement  was  willfully  and  corrnjjtly  made,  he  shall  report  all  the 
facts  to  the  grand  jury.     (.M.  ('..  sec.  2(is:i.) 

Sec.  2205.  Artii'le  construeil. — The  provisions  of  this  article  shall 
not  be  constrtied  lo  authorize  any  person  to  carry  on  the  business  of  a 
keeper  of  a  dramshop  of  either  first  or  second  class,  as  defined  by  article 
four  of  ihis  cliaiiter.      CM.  ('..  sec.  2nS4.) 

AKTICIj;  XII. 

OF  oi;i)iNARii-:.'<  <m:   i;kstai-uant.s." 

Sec.  2206.  OiMliiiaries  defiiUMl. — ( (rdinarics  :irc  places  where  meat, 
fruit  or  other  articles  of  food  are  ottered  for  sale,  to  he  used,  eaten  or  con 
sumed  in,  or  at  said  ]ilaces.     (  M.  (\.  sec.  2085.) 

Sec.  2207.     (Classes  of  ordinaries  or  restaiu'ants — amount  ol 

licenses — time  license  covers. — Ordinaries  or  restaurants  are  hereby 
divided  into  four  classes:  Ordinaries  or  restaurants  of  the  first  class  are 
those  with  a  seating  caj)acity  for  one  hundred  or  more  i)atrons  or  guests; 
ordinaries  or  restaurants  of  the  s(>coiid  class  are  those  with  a  seating  ca 
pacily  for  more  than  fifty  and  less  than  one  hundred  patrons  or  guests; 
ordinaries  or  restaurants  of  the  third  class  are  those  with  a  capacity  for 
seating  twenty  or  less  than  fifty  patrons  or  guests;  ordinaries  or  restaurants 
of  the  iourtli  class  are  those  with  a  capacity  for  seating  twenty  or  less 
l)atrons  or  guests. 

On  all  ordinaries  or  restaurants  of  the  first  class  there  shall  be  levied 
and  collected  as  a  license  the  sum  of  fifty  dollars,  which  license  shall  an 
thoriy.e  the  party  therein  named  lo  carry  on  the  business  of  an  ordinary  or 
restaurant  of  the  tirsi  class  for  a  term  of  six  months.  On  all  ordinaries  or 
restaurants  of  the  second  class  there  shall  be  levied  and  collected  as  a 
license  the  sum  of  thirty  dollars,  which  license  shall  authorize  the  party 
therein  named  to  cany  on  the  business  of  an  ordinary  or  i-estaurant  of  the 
second  class  for  a  term  of  six  months.  On  all  ordinaries  or  restaur;ints  of 
the  third  class  there  shall  be  levied  and  collected  as  a  license  the  sum  of 
ten  dollars,  which  license  shall  authorize  the  jiarty  therein  named  to  carry 
on  the  business  of  an  ordinary  or  restaurant  of  the  third  class  lor  a  term  of 
six  months,  and  on  all  ordinaries  or  restaurants  of  the  fourth  class  there 
shall  be  levied  iind  collected  as  a  license  the  sum  of  five  ilollars,  which 
license  shall  aiilhorize  the  ])arty  therein  named  to  carry  on  the  business  of 
an  or(linai-.\-  or  restaurant  of  the  fourth  class  for  a  Icrni  ol  six  iiionlhs. 
(Ord.  20.".2S.  amending  M.  ('..  sec.  20.S(i.  1 

.Vmondpcl    li\-    oriiinanci'    22.'i;i(;.    iiiipioviii    o<-t.    15.    l:iiM!     (too    lati"    to    appi'ar    in 
tlii.'*  ri'\  i.^ioii ).      .'-:'i'  nriliiKuicr   in   .Vppondix    to   R,-v.   (^ndc. 

Sec.  220S.     l»enaUy  For  doingr  business  without  i)ro|>er  li«*ense. 

. ,\ny  person  or  |ici-soiW'>.  firm  or  ciiriKiratioii  who  shall  carry  on  the  business 

•City'.«    untliority    to    license,    tax    and    regiilatp    ordinarios:      Charter.    .4rt.    lit. 
si'i'.    2«.    il.-in.-ir    Mftii. 


AKT    Mil.  I  OK  r.\\\  .\i!i;ui<i:iis. 


Ut:ti» 


of  ail  ni(|iiiai\  Ml-  icsiaiiraiii  ol'  any  said  classes  wiilMnii  liisi  oliiainiii";  a 
litciisc  ilM-irl'iii'  lioin  ilic  Lifciisc  ("ollcctor,  or  who.  under  a  lireiise  for  an 
oi(liiiai\  or  i-esiaiiraiit  of  one  elass.  shall  lairv  on  llie  Imsiiicss  of  an  ordi 
nary  or  resraurant  of  a  hi^lier  t-iass,  shall  he  deemed  j-nilly  of  a  niisde 
iiieaiior  and  iijion  lonviction  thereof  shall  lie  lined  not  less  iliaii  I  \veiit\-  li\e 
dollars  nor  more  ihaii  one  liiiiidred  dollars,      i //>.  i 

.\iiu-iuli'(l    l.y   oiil.    L'2596.      .><ri-   pmi'.niiK   note. 

AIJTKI.i:    Mil. 

oi-   l'.\\\Nia;(  iK  i:ks.  ' 

See.  220!).  rawilbroktT  «l«'tilHMl.  .\h\  |m-isoii  who  loans  money 
on  deposit  t>f  personal  property,  or  who  deals  in  ijie  |im<lia.se  of  personal 
property  on  rondition  of  selling'  the  same  hack  a;,'aiii  at  a  stipulated  price, 
or  who  makes  a  piililic  display  at  his  jdace  of  hiisiness  of  the  si-iii  j;eiierally 
ii.sed  hy  ]iawiil>rokei-s  to  lU'iiole  their  hiisiness,  to  w  il  :  ••'riiree  j;ilt  or  yel- 
low halls."  or  who  piihlicl\-  exhihiis  a  sijiii  of  ".Mone.N  lo  loan  on  personal 
prop('rt\'  or  dejiosit."  is  hereli\  declared  lo  he  a  jiaw  iihroker.  (  .M.  (L,  see. 
2IIS7. ) 

See.  2210.  l>i4-<Mis(>  aiul  adUliivii  i-i><]iiir(Ml.  No  iiersoii  sliall  do 
hiisiness  as  a  pawiihroker  in  ihc  <  ii\  w  iilioui  li,i\  iiii;  tirsi  ohtaiiied  a  license 
therefor:  such  license  shall  conform  to  ihosc  now  in  use  as  jirovided  hy 
ordinance,  with  a  form  of  atfida\ii  aiiarhcd  iliercio,  whiih  ilic  .iiiplicani 
shall  siihscrilM'  and  make  oath  that  lie  will  faithfully  cany  oni  ilie  provis- 
ions of  this  article.     (  M.  ("..  sec.  2lls.^.  i 

See.  2211.  Hoinl  (<>  Itv  f;iv4'ii.  —  Mvci-\  jn'i'son  to  whom  .i  liccusi- 
shall  Ih'  ;;ranied  lo  carry  on  the  hiisiness  of  a  pawiihroker  shall  annually 
enter  into  honil  to  the  city,  witli  {;ood  and  siitfii  ieiii  sei  iiriiy.  lo  he  aji 
proved  by  the  license  collector,  in  the  )penal  sum  of  one  ihoiisand  dollars, 
conditioned  that  he  will  duly  ohs(>rve  all  such  ordinances  as  may  he  passed 
or  in  force  respecting  pawnhrokers.     i  .M.  <"..  sec.  2(tS'.). ) 

See.  2212.  Kt*};'>*tt'r  to  be  kept  and  tickets  jjiven. — Every 
pawnbroker  shall  keep  a  re;:isfer  of  all  loans  and  purchases  of  ail  arti<-Ies 
etVected  or  made  hy  him.  which  register  shall  show  the  date  of  all  loans  or 
purchases,  and  the  names  id"  all  ]>ersoiis  who  have  left  any  descri])t  ion  of 
property  on  deposit  as  a  cidlateral  .security  or  as  a  dcdivery  on  sale  thereof. 
Opposite  such  name  and  date  shall  he  written  in  plain  hand  a  full  descrip- 
tion of  all  such  properl\-  purchased  or  received  on  deposit  as  collateral  se- 
curity, the  time  when  the  loan  falls  due.  the  amoiinl  ol  |iiir<hase  money, 
tlie  amount  loaned  and  the  iiileresi  cliamed.  In  addition  lo  this,  lie  shall 
•;ive  the  part\  iiejjoi  iat  in;;  or  selling,'  a  plain  wrillcii  or  printed  ticket  for 
the  loan,  and  a  jilain  written  or  printed  receipt  of  the  articles  ]iiircliased. 
ha\ini;  on  eai'li   a   copy  of  the  entries  reipiired   li\    ordinami'   lo  he  ke[)t    in 

•.\\itliorUy  of  I'lty  to  llctnsi-.  tax  anil  nitvilati-  puwnliiokci'H:  Charter.  Art. 
111.  »<•!■.  26.  clauiio  5.  Stato  cawnhrnkvr  lawn:  R.  S.  1S99.  .soi-h.  SS.'.S-SXBO.  Or<ll- 
iinncc  provlslnnii  of  St.  Joseph  iiphi-lil  ni!  c-onstlliitlonal  nn<l  as  holn)(  a  poll"--' 
roKUlatlon:  .^«»«-  St.  Jomph  vn.  l>'Vln,  \iS  Mo.  .iSS.  Thf  usury  act  of  1.S91.  p.  17". 
applies  to  pawnbrokers.  If  more  than  two  pi^r  rent  per  month  Is  rhar({e<I,  the  si-- 
rurlty  Is  released,  hecaiis**  the  pleilf^e  b4'eonies  "Invalid  and  lllefcal."  and  the  owner 
Is  not  required  to  tender  the  ami'unt  din-  ami  Interest,  lefore  <<iiinif  In  eonvi  r- 
sion:      HIlKert  va.  I^vln,  T2  M" 


1040  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.   31. 

his  register.  For  tlie  ticket  or  rei-eipt  lie  sliall  not  be  entitled  to  make  any 
charge.     (M.  C,  see.  2000.) 

■  Sec.  2213.  Register  open  to  m.Hpeetiori. — The  said  register  shall 
at  all  tiine.s  be  ojieii  to  the  inspection  of  the  mayor,  chief  of  police,  city 
attorney,  sheriff,  marshal  or  constable,  within  or  for  the  City  of  St,  Louis, 
or  any  or  either  of  them,  or  of  any  person  who  shall  be  duly  authorized  in 
writing;  for  that  jjurpose  by  any  or  either  of  them,  and  who  shall  exhibit 
such  written  authority  to  the  pawnbroker,     i  .M.  C,  sec.  2()!)l.i 

Sec.  2214.  License  and  conditions  of  issue. — Every  pawnbroker 
shall  pay  a  license  to  the  city  at  the  rate  of  four  hundred  dollars  per 
annum;  provided,  no  license  shall  be  issued  for  less  than  six  months;  and 
provided,  that  every  application  for  a  license  shall  be  made  in  writing  to 
the  license  collector,  and  shall  state  where  the  business  is  to  be  carried  on; 
and  before  any  license  shall  be  issued  the  license  collector  shall  procure 
from  the  police  commissioners  an  indorsement  on  the  back  of  the  applica- 
tion therefor,  to  the  effect  that  in  their  opinion  the  ajiplicant  has  a  good 
moral  character.      (M.  ('.,  sec.  L'(I92. ) 

Sec.  2215.  Certain  jjledj^es  prohibited. — No  pawnbroker  shall  re- 
ceive by  way  of  pledge  or  pawn  any  goods,  articles  or  things  whatever  from 
a  minor  at  any  time,  nor  from  any  person  between  the  hours  of  eight  o'clock 
p.  m.  and  seven  o'clock  a.  m.     (M.  C,  sec.  20!);}.  i 

See.  2216.  Loans  on  parts  of  article  proliibited. — Xo  pawn- 
broker shall  make  any  loan  on  the  separate  or  divided  part  or  parts  of  any 
article.     (M.  C,  sec.  2004.) 

See.  2217.     Statement  to  license  collector;  place  of  business. 

— Every  pawnbroker  doing  business  under  the  provisions  of  this  article  shall 
file  with  the  license  collector  the  street  and  number  where  his  business  is 
carried  on,  and  shall  not  be  allowed  to  have  more  than  one  place  for  trans- 
acting the  business  of  pawnbroker,  without  having  first  obtained  a  license 
for  such  place  of  business,  noi-  shall  it  be  lawful  for  any  one  to  act  as  agent 
for  a  pawnbroker  at  any  other  place  than  the  stated  i)lace  of  business  filed 
with  the  license  collector.     (M.  O.,  sec.  200.'5.) 

Sec.  2218.  Penalty. — Any  pawnbroker  who  shall  neglect,  violate  or 
'refuse  to  comply  with  any  or  either  of  the  provisions  of  this  article  shall  be 
deemed  guilty  of  a  misd(»meanor,  and  on  conviction  thereof,  be  fined  not  less 
than  fifty  nor  more  than  five  hundred  dollars,  and  in  addition  thereto  his 
license  mav  be  forfeited  to  the  u.se  of  the  citv.  if  it  he  so  adjudged  bv  the 
mayor.     (M.  C,  sec.  209C.) 

ARTICLE  Xl\. 

OF    PEDDLERS    AND    HAWKERS.* 

•As  to  city's  authority  to  license,  tax  and  regulate,  see  Charter,  .\rt.  III.  sec. 
26,  clause  5.  Rev.  St.  1899,  sec.  6146,  prohibits  all  cities  from  collecting  any  tax. 
license  or  fees  from  a  farmer  or  producer  for  sale  of  produce  raised  by  him  when 
sold  from  his  own  wagon  or  by  person  in  his  employ;  and  sec.  SS61  et  sen.  of 
R.  S.  1899  defines  who  are  peddlers  and  regulates  licensing  them;  and  it  is  held, 
in  St.  Louis  vs.  Meyer,  185  Mo.  583.  that  persons  coming  within  the  protection  of 
these    statutes,    and    not    taxable    or    licensable    thereunder,    cannot    be    declared    to 


ART     XIV. ]  OF    PEDDLERS   AND    irAWKERS.  JQ41 

be  peddlers  or  hawkers  by  ordinances  so  declaring:,  and  that  hence  the  provisions 
below  (forming  this  article)  are  void  In  so  far  as  they  attempt  to  Impose  on  a 
farmer,  eomlng  to  the  city  and  srllinK  his  own  produce,  a.  Ilcensi'.  tax  or  fee:  the 
court  also  holds.  In  that  case,  that  the  terms  "peddler"  and  "hawker"  are  equiva- 
lent In  law,  and  also  that  the  State  law  prevails,  althoug:h  passed  after  the  char- 
ter was  adopted;  also  that  a  farmer  selling  his  goods  Is  not  engaged  In  the 
business  of  a  peddler  or  hawker  as  detlned  In  the  ordinance,  that  being  a  mere 
Incident  to  his  business  as  farmer. 

As  to  who  are  peddlers  under  the  provisions  of  R.  S.  1S99,  sec.  8S61,  see  St. 
Louis  vs.  Meyor,  supra:  Moberly  vs.  Hoover,  93  Mo.  App.  663;  State  vs.  Snoddy,  128 
Mo.  523.  following  State  v.s.  Kmniert,  103  Mo.  211;  agent  selling  for  his  llrm  not 
peddler:  State  vs.  Hoffman.  50  Mo.  App.  585  (various  definitions  given  In  main 
and  dissenting  opinions) ;  articles  manufactured  In  another  state;  State  vs.  Snoddy, 
supra:  State  v.s  Kinm.Mt,  supra;  State  vs.  Welton.  55  Mo.  288;  State  vs.  Parsons, 
124  Mo.    436. 

Sec.  22 lit.     I- i  <'i' II  .s  4'    r  <' «[  II  i  red — iiiisdiMiii'aiior — penalty. — 

It  sliiill  iKit  lie  law  lul  I'ur  any  [icr.suii  U>  carry  on  the  Imsiness  of  a  [u'ddler 
or  liawkcr  witlioiii  oliiainin^  a  licen.se  tlieretor.  ami  any  per.soii  who  sliall 
so  cai'r.\'  on  (lie  lui.-iiness  of  peddler  oi-  hawker  wilhoiil  lii-sl  havinji  (dilaiiied 
11  licen.se.  shall  he  deemed  {juilty  of  a  misdemeamn-,  and  upon  conviction 
thereof,  shall  pay  a  fine  of  not  less  than  twenty-five  dollars,  nor  more  than 
one  Imiidi-ed  dollars,      i  M.  ('..  sec.  2(»!>7, 1 

See.  2'2l'I».  I>4>ti(ll4'rs  (U'fiiiod.  livery  iier.soii  who  shall  deal  in  the 
.sellini^  of  paleiit  ui-  other  medicines,  };oods,  wares  and  meri'liaiulise,  except 
hooks,  charts,  maps  and  stationerv.  is  declared  to  lie  a  peddler.     tM.  C.  see. 

2()!tS.  I 

See  cases  and  statutor>'  provisions  cited  In  note  to  the  heading  of  this  article; 
section  Inconsistent  In  part  with  State  law:     St.  Louis  vs.  Meyer,  185  Mo.  583. 

Sec.  2221.  Hawkers  defined. — Any  person  who  sells  or  oilers  for 
s;ile  in  any  w;if;on,  vehicle  or  other  conveyance,  drawn  liy  haml  or  otherwise, 
in  streets,  alleys  or  other  tlior()ii<;hfares  or  public  jdaces.  hy  outcry  or  hy 
jfoiiif;  from  place  to  place  in  tlie  city,  any  fruit,  vef;etal)le.  |ioultrv,  >;ame. 
and  ice  cream,  or  other  articles  of  food,  is  lierehv  (h-clared  to  he  a  hawker. 
(M.  C,  sec.  20!)9.) 

"Hawker"  and  "peddler"  art*  usuall.v  fiiuivalent  terms  in  law:  State  vs. 
Meyer,   1S5  Mo.   583.  595. 

Sec.  2222.  Lieense — anxMint — r«'f;iilati«»iis.— There  .shall  be  b-vied 
:iiid  collected  of  every  person  e;nr\iiiu  on  ihe  business  of  a  peddler  or 
hiiuker,  who  carries  the  j;oods  he  oilers  for  sale  on  fool  or  in  |nish  cart, 
the  sum  of  ten  dollars,  and  there  sliall  also  be  levied  and  c(dlected  of  every 
|>erson  carryinj;  on  the  business  of  peddler  or  hawker,  who  carries  the  };oods 
lie  oirers  for  sale  in  one-horse  wa^jon,  or  other  vehicle,  the  sum  of  fifteen 
dollars,  and  for  a  two-iiorse  wa};on  or  diliei'  \eliicle  ihe  sum  of  twenty-five 
dollars,  the  pa\inenl  of  which  shall  eiilille  such  jieddler  or  hawker  lo  a 
license  for  a  period  of  twelve  months,  and  shall  exem|pt  him  from  Ihe  pay 
nieiit  of  a  licen.se  for  such  vehicle,  I'.very  such  license  shall  show  Ihe  pbice 
of  residence  of  such  |ieddler  or  hawker,  and  such  peddler  or  hawker  shall 
have  his  name  an<l  the  number  of  his  license  painted  conspicuously  on  both 
sides  of  his  wagon,  or  other  vehicle,  and  shall  carry  such  license  with  him 
and  exhibit  the  same  wlienever  re«|uired  by  any  police  or  other  officer  an 
thori/.ed  under  the  law  or  ordinances  to  make  arrests.  .\ny  wa<ron  jx-ddler 
duly  licensed  under  this  article  may  hav(>  one  driver  lo  assist  him,  but  no 
other  assistants,  while  engajied  in  ]>eddliii;r  or  h;iwking,  and  c.nly  one  p^-rson 


2Q42  REVISED  CODE  OR  GENERAL  ORDINANCES.  tCHAP.   :!1. 

sliiiU  cngafie  in  peddling  oi-  hawking  as  foot  peddler  or  with  ])nsh  cart  under 
an.v  license  issned  in  ]iuisiiaiirc  of  this  arlicle.     (M.  C.  see.  2100.) 

See  note  to  article  heading.  Tliis  .stition  was  amended  too  late  for  insertion 
in  the  Code  (after  its  submission  to  tlie  Municipal  Assembly)  by  ord.  22574,  ap- 
proved Oct.  2.  1906,  tlie  amendment  adding  at  the  end  of  the  section  the  word.'!; 
■said  license  to  run   from  the  first  day  of  June  of  each  year."      (See  Appendix,  i 

Sec.  2223.  Penalty. — Any  jierson  violating  the  provisions  of  this  ar 
tide  shall  be  deemed  guilty-  of  a  iiiisdeTneanor.  and  shall  he  punished  as  ]prc 
scribed  in  this  article,  and  in  addilion  iherelo  shall  forfeit  his  license,  and 
no  license  to  engage  in  such  business  shall  be  issued  to  liiiii  w  ithin  one  year 
after  such  forfeiture,     (il,  C.  sec,  L'lOL) 

Sec.  2224,  Vehicle  to  he  of  dark  <^olor — flaj^s,  etc.,  prii- 
hibited.  — No  peddler  or  hawker  shall  be  permitted  to  carry  the  articles 
offered  by  him  for  sale  in  any  wagon,  vehicle  or  other  conveyance,  drawn 
by  hand  or  otherwise,  unless  the  said  wagon,  vehicle  or  conveyance  be  one 
of  uniform  dark  color;  nor  shall  he  be  permitted  to  affix  to  or  have  on  or 
about  said  wagon,  vehicle  or  conveyance,  any  flag,  ribbons,  poles  or  other 
things  calculated  in  any  manner  to  scare  or  frighten  horses,  mules  or  oxen 
in  the  streets  or  other  places  within  the  city.  And  such  wagon,  vehicle  or 
conveyance  shall  have  jilaced  cons])icuously  ujion  it  at  all  times  a  number 
corres]ioiidiiig  with  the  niimbei-  of  the  hawker's  or  peddler's  license.  |5L  C, 
sec.  ■2W2.J 

Sec.  2225.  Sales— times  of  preseribed. — No  peddler,  hawker. 
\-ender,  or  huckster  shall  cry  ov  oiler  for  sale  his  or  her  wares  or  merchan 
disc,  after  nine  o'clock  ]t.  in.  of  any  day  except  Saturday,  when  they  shall 
be  allo\\(>d  to  cry  or  sell  their  wares  or  merchandise  until  eleven  o'clock 
p.  111.;  provided,  iieverthek\ss,  that  no  jreddler,  hawker,  huckster  or  vender 
(if  any  kind  of  merchandise  shall  be  allowed  to  cry  his  or  her  wares,  or  stoji. 
or  remain,  or  engage  in  selling,  or  offering  to  sell,  any  kind  of  merchandise 
in  the  streets  and  alleys  of  the  territory  bounded  by  Clark  avenue  on  the 
south.  Wash  street  on  the  north.  Fourth  street  on  the  east  and  Seventh 
street  on  the  west,  from  eight  o'clock  a.  m.  to  six  o'clock  p.  m.;  provided, 
further,  that  nothing  lierein  contained  shall  be  construed  to  ]ierniit  hawkers 
or  peddlers  to  sell  or  otter  for  sale  by  outcry  or  by  going  from  jilace  to  jilacc 
on  the  public  streets  or  alleys  in  the  city,  any  fruit,  vt^getabies  or  other 
articles  of  food  or  merchandise  on  a  Sunday,  Any  peddler,  liawker.  vender 
or  huckster  who  shall  violate  this  article  shall  be  fined  ten  dollars  for  each 
ort'eiise  or  violation.     (  M.  (\,  sec.  210."!.) 

Sec.    2226.       Per.soii    d<»iii^    business    without    license  to    hv 

arrested.  — It  is  hereby  made  the  duty  of  the  marshal  and  menibers  of 
the  metropolitan  jiolice  i'orce,  to  arrest  any  jjerson  wjiom  they  shall  find 
( arrying  on  the  businc^ss  of  a  ix'ddler  or  hawker  without  license  or  violating 

any  of  the  jirovisions  of  this  ai'licle.     (M.  <".,  sec.  2104.) 

Sec.  2227.  Uejjister  to  be  kei»l  o|)en  for  inspect i<Mi.  It  shall 
be  the  duty  of  the  licen.se  collector  to  keep  a  register,  in  which  shall  be  en- 
tered the  iiames  of  all  persons  to  whom  lie  shall  issue  a  license  as  peddler 
or  hawker,  their  ]dace  of  residence,  resjjectively,  the  time  for  which  such 
license  was  issued,  and  its  nuiiibei-,  which  register  shall  be  o)>en  at  all  times 
to  the  inspection  of  the  marshal  or  his  de]iuties,  or  the  board  of  police  com- 
missioners, or  any  member  of  the  police  force  on  the  written  re(pu'st  of  the 
chief  of  i.ojice.      i  M.  <".,  sec.  21(1."..') 


AKT.    XV. 1  OF    UAIl.ltUAK     TICKirr    MKOKKIIS.  IQ43 

Sec.  2228.  TtTIll  of  li<*«'nso.  No  license  shall  lie  issiieil  iiinicr  this 
;ir(icle  I'or  a  U-ss  ]ieriiMl  than  twelve  inoiiths,  except  sik'Ii  imtsoms  who  hawk 
or  peddle  tlieif  floods,  wares  or  iiiercluuidise  on  loot  whose  license  shall  he 
for  six  nninths,  and  except  in  case  of  iH-ddlcrs  or  hawkers,  who  carry  their 
•Iot)ds  on  fool,  who.  if  upon  a  full  sta((>men(  of  the  facts,  ajipcar  to  the  license 
(•(diector  worthy  of  charitalile  ((Hisideration,  and  that  I  he  aiii)licanls  are 
(rnly  nnahle  to  \>ii\  license  for  the  full  period  staled,  in  such  cases  (he  license 
ccdiector.  with  the  approval  or  upon  the  recoiiiMien<la(  ii>n  of  the  mayor,  is 
aiilhori/ed  to  issue  licenses  for  siiorler  |ieriods.  not  less  than  one  moiilh.  at 
pro  rata  rales,     i  .M.  ("..  sec.  21Uti.J 

Sec.  L'L'iJ!).  liic«Mis<'  iiol  (ransfprjiblp. — No  license  shall  he  as- 
si<:;nal)le  or  translVralple ;  nor  shall  I  he  license  taken  ont  for  a  one  horse 
wa-ron,  under  any  circuinstances.  he  used  or  recojinized  for  any  iioilion  of 
the  license  for  a  two  horse  wagon.     (.M.  C,  sec.  2107.) 

Sec.  22;JU.  I't'iiaKy. — .\ny  violation  of  any  section  of  this  article,  for 
which  a  penally  is  noi  |irovide(l  for,  shall  he  deemed  to  he  a  misdemeanoi-. 
and  the  person  or  persons  deemed  jjuilly  thereof,  and  upon  conviclion  he 
fore  either  of  the  police  justices  of  this  cily,  shall  be  fine«l  in  a  sum  not 
leas  than  lifty  nor  more  than  five  hundred  d(dlars  for  each  and  every  vio 
lation,  to  he  c(dlected  and  jiaid  as  pro\  ided  1)\  charter  and  ordinance.  (M. 
('.,  sec.  2108.1 


.\i;i'l(l.f;  .W. 

(>!•'  it.\ii.ui).\u  TicKirr  liitDKicus.* 

Sec.  22.'}1.  Lu'tMise  r<Mjiiir<Ml.  No  jjersou  or  co|iaiinersliii)  of  i)er- 
sons  or  company  shall  e.xercise  wiihin  the  City  of  St.  Louis  the  husiness  of 
hroker  or  dealer  in  railway,  railroad  or  steand)oat  |ias.sen<,'er  tickets  with- 
out a  license  therefor  as  hereinafter  i)rovided.     (.M.  C,  .sec.  210!).} 

Sec.  22.J2.  Hiiilri>:i<l  (i«'k«'l  hrokt'r  «l*'fiiHMl.~.V  railroad  ticket 
hroker  or  dealer  is  one  who  liuys  and  sells  or  otherwise  deal.s  in  railroad, 
railway  or  steamhoat  passenj;er  tickets  which  may  he  lawfully  sold  by 
others  than  the  duly  authorized  a<j;euls  of  the  railroad  or  steamboat  line 
over  which  such  tickets  purjiort  to  entitle  the  lawful  owner  to  ride.  (Ord. 
21:M'.I,  ameiKliii':  .M.  ("..  sec  2110.1 

Sec.  22.3.'!  .ViiMxiiit  of  luTiist' — ])(M'i«><l  aiul  forms. — There 
shall  he  levied  and  collecled  on  every  license  ;;rante(l  under  this  article  the 
sum  of  lifty  dollars  before  the  delivery  thereof.  ICach  licen.se  shall  he  grant- 
ed for  one  year,  and  on  its  face  shall  plainly  express  that  it  will  he  forfeited 
hy  any  violation  of  this  arti<'le.  and  shall  also  show  plainly  th(»  lime  when 
it  shall  expire,  together  with  the  name  of  the  ]ierson  authorized  to  do  busi- 
ness under  ihe  license,  as  also  exjiress  on  its  face  that  the  licensi'  shall  CL- 
litle  Ihe  person  naine<l  then'in  to  carry  on  the  husiness  of  ticket  broker  at 
Ihe  oflice  only,     i  .M.  C,  sec.  2111.) 

Ainonili'cl   by  ord.   22800.   iipprnv<>tl   Oot.    13.   190C    (tun    Int.-    tfi   apifar   In    the   ro- 
vl«lon.    Sp>>  .Vppendix). 


•Sot-  ChurtiT,  .\il.   Ill 


1044  REVISED  CODE  OR  GKNERAI.  ORDINANCES.  [CHAP.   31. 

Sec.  2234.  Regulations  as  to  what  business  perniissable  and 
manner  of  procedure — bond  required —revocation  of  license. 

— No  railroad' ticket  broker  or  dealer,  or  i)ersou  authorized  to  do  the  business 
of  a  railway  ticket  broker  or  dealer,  under  license  issued  pursuant  to  this 
article,  shall  buy,  sell  or  deal  in  any  railroad,  railway  or  steamboat  passen- 
ger tickets  except  such  as  have  been  issued  by  some  existing  railroad  or 
steamboat  company,  corporation,  association,  or  person  or  persons  owning 
or  operating  the  same;  nor  shall  any  such  railroad  ticket  broker  or  dealer 
buy,  sell  or  otherwise  deal  in  or  solicit  the  purchase  or  sale  of  any  railroad 
or  railway  or  steamboat  i)as.senger  ticket  which  is  by  its  terms  plainly  ex- 
pressed on  its  face  a  mileage,  excursion  or  commutation  ticket  where  it  ap- 
pears upon  such  ticket  that  the  same  was  issued  and  sold  below  the  regular 
schedule  rate  under  contract  with  the  original  jiurcliaser,  entered  upon  such 
ticket,  and  signed  by  such  original  inirchaser.  that  such  ticket  is  non-trans- 
ferable and  void  in  the  hands  of  any  other  person  than  the  original  pur- 
chaser thereof;  and  every  raili-oad  ticket  broker  or  dealer  shall  furnish  to 
the  buyer  of  any  ticket  sold  l)y  such  broker  or  dealer  a  schedule  signed  by 
the  name  of  the  broker  or  dealer,  describing  the  form  and  number  and  desti- 
nation of  such  ticket  and  the  name  of  the  comjiany  that  issued  si;ch  ticket; 
and  every  broker  within  the  meaning  of  this  article  shall  immediately  re- 
fund to  the  purchaser  or  lawful  agent  of  the  purchaser  of  any  ticket  the 
money  paid  to  such  broker  for  any  ticket  which  did  not  entitle  the  person 
purchasing  the  same  from  said  liroker  to  use  the  same  for  passage  on  the 
railroad  or  steamboat  for  which  such  ticket  was  sold.  No  license  shall  be 
granted  under  this  article  until  the  person  or  persons  applying  therefor 
liave  filed  with  the  license  collector,  a  bond,  with  two  good  and  sufficient 
securities  to  be  ajiproved  by  him,  in  the  sum  of  one  thousand  dollars,  con- 
ditioned for  the  faithful  obsei'vance  of  all  the  terms  and  provisions  of  this 
section  and  article. 

The  mayor  shall  have  ])ower  and  authority  for  any  good  cause  shown 
to  revoke  any  license  issued  under  this  article,  and  the  mayor  shall  revoke 
any  such  license  for  cause  for  a  violation  of  any  of  the  terms  and  conditions 
of  this  section,  or  the  failure  on  the  part  of  any  such  broker  to  perform  any 
of  the  acts  required  by  this  section  to  be  performed  by  him,  and  upon  such 
revocation  the  mayor  shall  certify  the  same  to  the  license  collector;  pro- 
vided, however,  that  before  any  license  is  revoked  by  the  mayor  the  licensees 
or  licensee  under  such  license  shall  have  a  reasonable  oppin-tunity  to  be 
heard  by  the  mayor  in  defense  of  any  charge  or  charges  of  a  violation  of  this 
article  which  may  be  preferred  before  said  mayor.  Each  license  issued  by 
virtue  of  this  article  shall  express  on  its  face  that  it  is  received  and  held  sub- 
ject to  revocation  by  the  mayor.  No  person  or  persons  whose  license  has 
been  revoked  shall  be  entitled  to  another  license  within  one  year  after  such 
revocation,  and  the  licen.se  collector  is  hereby  ]iroliihited  from  issuing  any 
license  to  any  jiersou  or  ])ersons  who.se  license  lias  been  revoked  within  one 
year  from  such  revocation.     (Ord.  2i:M!(.  sec.  il.  amending  ord.  2().")44.) 

See.  2235.  Penalty. — Every  person  doing  business  as  a  railroad  ticket 
broker  or  dealer,  without  a  license,  or  in  any  way  violating  the  provisions 
of  this  article,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  fined  not  less  than  two  hunderd  and  fifty  dollars  nor  more 
than  five  hundred  dollars.     (lb.,  .sec.  3,  amending  M.  C,  sec.  2113.) 


AKT     XVI  1        OF    STKAMBOAT,    HOTKI.     \M>     UAll.KoAl'     KINNICUS.  1046 

ARTICLE  XVI. 

Ul''  STKAMliOAT.    llllTl:i.    ANP    KAII.KCIAI'    lUNN  i:i;.S.  • 

See.  2236.  Ijit'ense  rtM£iiirt'<l.  No  peisoii  .>ili;ill  exercise  wiliiiii  the 
eit.v  tlie  hu.siiiess  of  a  steamlioat  ajjeiil  or  i-iiiiiier  on  aiiv  .><leainli(>at,  wharf- 
lioat  Of  wliarf.  or  tlie  biisiiiess  of  a  liolel  or  railroad  runner  witiioiH  a  license 
therefor,  as  hereinafter  ]iro\i(h'(l;  hut  no  more  liiau  one  licen.se  shall  he  re- 
{|uire(l  of  tile  same  person  al  one  time  uiuler  this  article;  proviiled,  that 
everv  ajiiilicaiion  foi-  a  license  sliall  he  made  in  wriliuj;  to  the  license  eol- 
feetor,  and  before  anv  license  shall  he  issued  the  license  collector  shall  pro- 
cure from  the  police  commissioners  an  indoi'senienl  on  the  hack  of  the  appli- 
cation therefor,  to  the  etl'ect  that  in  their  opinion  ihe  applicani  is  a  jierson 
of  fiood  moral  character.      i.M.  ('..  sec.  "Jill.) 

See.  22.S7.  Uuimors  dctiiU'd.  .Vny  person  who  shall  stdicit  the  re- 
moval or  transportation  of  an\  passenjiers  oi-  ]iei-sons  to  or  from  any  steam- 
boat, railroad,  wharfboat  or  wharf,  or  shall  perform  such  removal  or  trans- 
portation, or  shall  act.  or  jirofess  or  assume  lo  act  for  or  solicit  oi'  obtain 
passeiif^ers  foi-  any  steamboat,  steandioat  comjiany.  watei-  transportation 
company,  oi- attempt  to  do  .so  as  [is]  a  steandHiut  and  i-ailroad  aueiit  or  runner; 
pro\ide(l.  th.ii  uolhiuj;  herein  contained  shall  ajijily  lo  sleamboal  freiiiht 
ajjeiits.  nor  lo  the  owner  or  owners  of  licensed  vehicles  in  the  le<;itiniate  and 
(juiet  discharge  of  tlieir  duties.  Any  jiersou  who  shall  solicit  tiavelers  or 
other  persons  to  repair  to  any  hotel  is  a  hoiel  runner.     (M.  C,  sec.  2115.) 

See.  2238.     Duties  of  runners Every  steamboat  ami  railroad  agent 

or  runner  and  hotel  runner  shall  handle  with  care  and  deliver  jiromptly  all 
ba;,'Uaj;e  intrnsled  to  him.  and  shall  treat  all  iiasseiificrs  with  res|iect  and 
civility,  anil  alford  them  all  needful  information  and  assistance,  and  deliver 
those  transported  by  him  with  eai-e  and  ju-omptness.    (M.  ('.,  see.  2116.) 

See.  2230.  Respectful  manner  re«|uire<l. —  No  .steamboat  and  rail 
road  anient  or  rnnnei'  or  Imiel  riiniier  shall  exercise  his  business  othei'wise 
than  in  a  ipiiet,  civil,  ordeiU  and  I'espectfui  manner  at  all  limes  and  jilaces. 
(M.  C,  sec.  2117.) 

See.  2240.  Bond.— No  liceii.se  shall  be  -jranled  under  this  article  until 
tlie  [K-rson  applyinj;  therefor  shall  have  tiled  with  the  license  collector  a 
bond  with  two  or  more  stood  and  suflieieiit  sureties,  to  be  aiii)roved  by 
said  collector,  in  the  sum  of  one  thousand  dollars,  conditioned  for  the  faith- 
ful observance  of  this  article.  Said  bond  shall  be  in  form  to  be  apjiroved 
hy  the  city  counselor.     (M.  C.  sec.  2118.) 

See.  2241.  Amount  and  period  of  license. — There  shall  be 
levied  and  collected  on  e\ery  license  jri-.inied  under  this  ai'li<-le  the  sum  of 
fifty  dollars  before  the  delivery  thereof.  Each  license  shall  lu'  "granted  for 
one  year,  and  on  its  face  shall  iplainl.\-  exjn'css  that  it  will  be  forfeitetl  by 
anv  violation  of  this  article,  and  shall  also  show  ])Iainlv  the  time  when  if 
shall  exjiire.     (M.  P..  sec.  21in.) 

See.  2242.  License,  for  li«»t<'l  runner,  may  be  transferred, when. 

.\  licen.se  paid  for  li.\  aii,\   holel  keeper  in  Ihe  name  of  any  person  as  hotel 
runner  may  l)e  transferml  by  the  license  collector  lo  any  other  |u-r.son  in  (he 


•PowiT  of  rlty    to  license  runners,  etc.:      Chart..    .\rt.    Ill     sit.    'Jli.   clnusr   S 


1040  ItKVISKD  COUK  OK  GENERAL  OUDIKANCES.  [CHAP.   31. 

employment  of  said  ludel  kceiicr  iiiou  Hliiij;  ;t  new  IkumI  mikI  jpiiyiiiciit  to 
the  collector  tlie  sum  ot  one  dollar  loi-  .said  ti-aiislVr.     i  .M.  ('..  sec  '2120.) 

See.  2243.  License  not  transferable,  when. — No  license  of  any 
steamboat,  railroad  oi'  hotel  iiimier  shall  he  assignable  or  traiislei-ahu-. 
(M.  C,  see.  2121.) 

See.  2244.  License  to  be  exhibited,  wlien. — Every  Steamboat 
and  railroad  agent  or  runner  and  hotel  runner  .shall,  on  demand,  exhibit  his 
license  to  any  police  oMeer,  steamboat  or  railroad,  and  permit  the  same 
to  be  examined,  but  not  more  than  one  demand  therefor  shall  be  nmde  by 
any  one  i)erson  on  the  .same  day.     (M.  C,  sec.  2122.) 

Sec.  2245.  Space  for  runners  in  depot. — It  shall  be  the  duty 
of  the  i)olice  commissioners  to  designate  a  space  at  all  jiassenger  depots 
within  which  all  runners  shall  be  compelled  to  stay  during  the  time  of  the 
arrival  and  departure  of  trains,  and  they  shall  not  be  allowed  to  solicit 
husiuess  from  any  other  i)lace  than  that  set  aside  by  the  police  commis- 
sioners.    (M.  C,  sec.  2123.) 

Sec.  2246.  Penalty'. — Every  jterson  violating  the  provisions  of  this 
article  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  tliereof,  shall  be 
fined  not  less  than  one  luindi'ed  dollars  nor  more  than  live  hundred  dollars, 
and  at  the  discretion  of  the  mayor  his  license  shall  be  forfeited.  (M.  C. 
see.  2124.) 

ARTICl.H  X\"1I. 

OF   STOCKVAllDS,    .SALE.S   .STAl'.I.KS    A.NIl    HOUSE    .\XD    CWTTLE    DEALERS.* 

Sec.  2247.  Stoclvjard  proprietor  <lefined.--A  stockyard  pro- 
l»rietor  is  a  person,  firm  or  corporation,  whose  business  or  occui)ation  is  to 
keep  a  stockyard  where  horses,  mules,  cattle,  hog.s  or  sheep  are  bought,  sold, 
bartered  or  traded,  or  are  kept  or  bartered  for  compensation.  (M.  C,  sec. 
2125.) 

See  ease.s  in   font   not'-  bel<i\\'. 

Sec.  2248.  A  sale  stable  defined. — A  sale  stable  is  a  place 
where  horses  or  mules  are  stabled  to  be  bought,  sold,  bartered  or  traded  as 
a  business.     (M.  C,  sec.  212G.) 

St.  Louis  vs.  Knox.  G  Mo.  App.  247.  248. 

Sec.    2249.     Horse    and     cattle     dealer A     horse     and    cattle 

dealer  is  a  person  who  buys  or  sells,  barters  or  trades  in  horses,  mules,  cat- 
tle, hog.s  or  sheep  on  his  own  account,  without  being  the  keeper  of  a  stock- 
yard or  a  sale  stal)le.     (M.  C..  sec.  2127.) 

Sec.  2250.  License  of  stockyard. — The  proprietors  of  each  stock- 
yard in  the  city  shall  pay  to  the  license  collector  in  advance  an  annual  city 
license  therefor  of  one  hundred  and  tifty  dollars.     (  M.  ('.,  .sec.  2128.) 

This  section  was  amended  (too  late  to  appear  in  this  revising  ordinance)  by 
ord.  22599,  .ipproved  Oct.  15.  1906.  the  amendment  adding  the  words:  "said 
license  to  run  from   the  first  day  of  January  of  such  year."      (See   Appendix.) 

•Authority  of  <ity  to  license,  tax  and  regulate  occupations:  Chart..  Art.  III. 
sec.  26.  clause  5.  The  provisions  of  this  article  arc  upheld  as  valid  police  regula- 
tions,  in   St.   Louis  vs.   Knox,   6   Mo.   .\pp.    247:  see  s.   c.   74   Mo.    79. 


.\I:T     XVIII. I  OF  STUKIIT    llAIIAVAY   f 'OMl 'ANIES.  1047 

Sfi'.  22.")!.  l^iceiiMO  for  saU's  stabhv — Tin-  proprietor  or  k.i|)(r 
or  tlio  propriotors  ov  k('c](crs.  oC  t-acli  sale  sial)lc  in  the  rit.v  sliall  jiav 
in  advain'f  an  annual  liccnsf  tlicrcl'or  of  IwcnlvliNC  iloliars.  i  M.  ( ".,  sec. 
•_'12!l.) 

Tills  Sim  tinii  was  anirnili'il  ( tni>  lati'  for  liisortlon  In  tills  icvlslntr  urdlnancc) 
by  orU.  L'25;iS.  appiovuU  Oi-t.  1"..  I'lOtf.  (See  Appenillx.)  The  nmoiuliiunt  adds 
the  words:      "said  llrcnse  to  run   frnin  the  llrst  day  of  January  of  sueh  year." 

Ser.  2252.  Licoiist'  of  lioi'so  and  «*at(l«'  iloalors. — Km-h 
person  or  persons,  copartnership  or  coiiioiai  ion  rnoaonl  in  Ihe  lily  in  tlie 
liiisiness  of  liorse  and  callle  dealer  or  dealers,  as  detiiied  in  lliis  article, 
sliall  i>a.v  ill  ad\aiice  an  annual  license  tlierefor  of  l  \veiil_\  ti\c  dollars.  (.M. 
C.  sec.  i'l.'id. ) 

Amended  l>y  ord.  23601.  approved  Oct.  15.  lOOtl.  by  adding;:  same  wonls  as  per 
amendments  In   the  two  preeedingr  notes.      (See  Appendix.) 

Sec.  225:>.  liicenses  requiml  to  coiKliit-t  tuisiness. — No  pro- 
prietor or  keeper  ol'  a  stock.vard  or  of  a  sale  stalile,  and  no  liors(>  and  cattle 
dealer  sliall  ('npi<j;o  or  continue  in  business  as  such  respectively,  without 
lirst  liavinji  obtained  a  license  lliei-efor  as  herein  prescribed.  (M.  (\,  sec. 
2i:!1.) 

Sti'.  22.">4.  Certificatt'  of  <'li  a  ra<'t  o  r  r<Mniir<'<l  for  sale 
.stalllo.  —  Mefore  the  license  iiilleclor  shall  i.ssiie  any  license  in  favor  of  a 
sale  stable  lie  shall  jirocnre  the  cerliticate  of  the  hoard  of  police  coiiiinis- 
.sioners  to  the  ell'ect  that  tin'  a|i|illraiil  is  a  person  of  {^ood  moral  character. 
I  M.  ('.,  see.  2i:i2.i 

See.  225").     IViiall.\    lor    doiiij;    hiisine.HH    uitli«>iil    a     Iif<'ns<'. 

d'.ver.v  person,  tiriii,  or  corporation  who  shall  ene;a,i;e  in  or  do  business 
either  as  the  jiroprietor  or  keejier  of  a  stock.vard  or  of  a  sale  stable  or  as  a 
horse  and  cattle  dealer  without  first  bavin};  obtained  from  the  licen.se  col- 
lector a  license  therefor  as  herein  prescribed,  shall  be  deemed  {juilt.v  of  a 
misdemeanor,  and  upon  conviction,  shall  pay  a  line  of  double  the  amount 
of  the  license  reipiired  to  be  paid  by  ilieiii  res|iectively.     i  M.  <"..  sec  "Ji;!:?.! 

St.    Louis   vs.   Knox.  74   Mo.   7:'. 

See.  22.56.  What  livery  ,stal»lo  keeper  exempt.— This  article 
.shall  not  be  construed  so  as  to  incliule  the  kee|iers  of  livery  stables  who  pay 
an  annual  \chicle  tax  of  tifty  ilollars  or  more.     I  M.  C,  sec.  213;{a.) 


.VUTKLi:  .Will. 

|>K  STUKKT   K.VII.WAV   < 'l  >.M  I'A.N  I  lOS- 

•Ah  to  police  reKUlntlons  ofTectlnK  street  ears,  sec  ante.  R.  C,  sees.  1863.  190S. 
1617. 

The  Charter  gives  express  authority  to  the  city  to  license,  tax  and  regu- 
late street  cars:  Charter.  Art.  Ill,  see.  26.  clause  5.  (Kor  other  powers  over 
street  railways,  see  Charter.  Art.  X:  Constitution.  Art.  XII.  sec.  20;  see  also 
Charter,  ArL  HI,  sec.  26,  clause  11.)  The  city  may  Impose  a  license  tax  under 
the  power  to  llcenao.  tax  and  reRulate  street  cars,  for  purposes  of  either  police 
reKulutlon  or  for  revenue  only,  and  this  In  addition  to  an  ad  valorem  tax  on  cars 
and  payments  or  obligations  assumed  by  the  companies  In  the  franchise  ordi- 
nance, evidencing  the  consent  of  the  city  to  the  operation  of  the  ears;  and  an 
exemption    from    license   taxes.    If   It    Is   not   absolutely    void,    must    b>'   clearly   and 


1043  REVISED  CODE  OK  GENERAI.  ORDINANCE.S.  [CHAP.   31. 

explicitly  stated  in  the  ordinance  or  it  will  not  be  held  to  have  been  given: 
Springfield  vs.  Smith,  138  Mo.  645;  Kansas  City  vs.  Corrigan.  18  Mo.  App.  206; 
Metropolitan  Street  Ry.  vs.  New  York.  199  U.  S.  1;  New  Orleans  Street  Ry.  vs. 
New  Orleans,  143  U.  S.  192;  Savannah  Ry.  vs.  Savannah.  198  U.  S.  392;  Railway 
vs.   Philadelphia,   101   U.   S    £28. 

As  to  the  effect  of  a  clause  in  the  City  Charter  (Art.  III.  sec.  26,  clause  11; 
see  151  Mo.  181)  reserving  the  power  to  alter,  amend  or  repeal  the  grant,  etc.,  see: 
Railway  vs.  Philadelphia,  101  U.  S.  528;  Citizens'  Bank  vs.  Owensboro,  173  U.  S. 
636,  644;  Railroad  vs.  Georgia,  98  U.  S.  365;  Street  Ry.  vs.  Sioux  City,  138  U.  S. 
93;  Detroit  vs.  Ry.,  184  U.  S.  368;  San  Antonio  Trac.  Co.  vs.  Altgelt,   200  U.  S.   304. 

As  to  the  right  to  have  the  license  tax  take  the  particular  graduated  form  of 
the  present  ordinances  (one  mill  per  passenger  on  each  car,  instead  of  a  fixed 
amount),  see  somewhat  analogous  cases:  Amer.  Exp.  Co.  vs.  St.  Joseph,  66  Mo. 
675;  Aurora  vs.  McGannon.  138  Mo.  38;  Society  vs.  Coite,  6  Wall.  594;  Maine  vs. 
Gr.  T.  Ry.,  142  U.  S.   217,  228-229;  Home  Ins.  Co.  vs.  N.  Y.,  134  U.  S.   594. 

But  in  the  cases  of  United  Rys.  Co.  et  al.  vs.  St.  Louis  (Nos.  4985.  4987,  4988. 
East.  Div.  of  East.  Dist.  Mo.),  the  U.  S.  Circuit  Court,  per  Adams,  J.,  held,  on 
temporary  Injunction,  afterwards  made  permenanet  by  Finklenberg,  J.,  that 
the  present  license  tax  ordinance  on  street  cars  (ord.  21087)  was  invalid  as  to  the 
United  Railways  Companies  and  Suburban  Companies,  on  the  ground  that  the 
ordinances  operated  to  impair  the  obligations  of  the  contracts  assumed  In  the 
franchise  ordinances  under  which  these  companies  were  doing  business.  These 
cases  are  now  pending  on  appeal  to  the  U.  S.  Supreme  Court  at  this  writing. 
Since  these  companies  (now  all  absorbed  into  and  forming  part  of  the  system 
of  the  United  Railways  Co.)  were  about  the  only  ones  to  which  the  license  tax 
ordinances  could  apply,  the  said  decision,  if  it  be  sustained  by  the  U.  S.  Supreme 
Court,    practically    nullifies    the    ordinanc<\ 

Sec.  2257.     Street  railway  license  required. — Every  person,  co 
partnership,  association,  corporation  or  company  engaged  in  the  business 
of  transporting  passengers  from  one  jioint  to  another  within  the  city,  for 
hire,   on   street   railways,   shall    ]iay   a    license   to   said   city.      lOrd.   21087. 
amending  M.  C,  sec.  2134.) 

Sec.  2258.     License  tax  on  each  car — how  determined. — All 

persons,  co-partnerships,  associations,  corporations  and  companies  embraced 
in  the  foregoing  section  shall  ]iay  the  license  collector  a  (juarter-annual  li- 
cense for  each  and  every  car  used  by  them  in  transporting  passengers,  pay- 
able on  the  sixteenth  day  of  \\>v\\.  July,  t)ctober  and  January  of  each  year, 
for  the  preceding  period  of  the  three  months  ending  respectively  on  the  last 
day  of  the  preceding  March,  June,  Heptember  and  December,  the  amount  of 
which  quarterly  license  on  each  sucli  car  shall  be  determined  at  a  sum  equal 
to  one  mill  for  every  revenue  or  ])ay  passenger  carried  on  such  car  during 
the  said  preceding  period  of  three  months,  ending  as  aforesaid.  (Ord.  21087. 
iimejjding  M.  C  sec.  2135.) 

See  note  to  luading  of  artirli-  .tk  to  thi'  validity  of  this  si-ctiou. 

Sec.  2259.     Equipment  enablinjf  information   as   to   number 
passengers     carried— report     required     when     made. — On  and 

after  January  first,  nineteen  hundred  ami  three,  every  i)ers()n  who,  and 
every  corporation,  company  or  association  \\iiich.  is  required  to  ])ay  a  street 
car  license,  shall  provide  fVu-,  and  ei\\u]>  each  car  used  by  it  for  transporta- 
lion  or  carrying  j)assengers,  with  a  suitable  legister  or  indicator,  capable 
of  registering  pas.sengers  to  a  number  not  less  than  nine  thousand  nine  hun- 
dred and  ninety-nine,  and  upon  which  shall  be  registered,  rung  uj)  or  indi- 
cated in  continuous  numerical  succession  the  number  of  ])assengers  who 
Iiave  i)aid  for  traiis]>ortation  on  such  car;  and  the  conductor  or  person  col 
lecting  the  fare  shall  ring  uj)  or  register  each  passenger  as  the  fare  is  col 


lected. 


After  said  time  above  slaliHl.  every  such  jierson.  corporation,  company 


ART    XVIII.l  OF  STREKT   ItAlI.WAY   COMPANIES.  l()4!l 

or  assDciiitiiiii  sliall  caili  ilav  tni-iiisli  llu-  rcfjistiT  of  llit-  i'\\\  of  St.  Louis 
with  ii  ri'port  or  table  showing  tlic  miiiilifr  of  j»av  or  fcvt'iiiic  iia.ssciificrK 
transported  on  eaeli  fespective  car  opcT-ated  liy  it  on  the  precediii};  day,  eat'li 
sucli  ear  to  l)e  identified  \>y  its  imiidx'r:  said  rejioft  of  tai)le  siiall  also  sliiiw 
the  nninlKT  or  tijiures  shown  on  the  passen;,'er  ref^ister  or  indicator  at  the 
time  eacli  sucli  car  started  on  its  tirsi  trip  for  the  (hiy  covered  liy  said  re 
jiort,  to  be  designated  as  bejiinnin};  nnndier;  and  also  the  nninln'r  of  lifjures 
shown  ou  tlie  said  passenger  register  or  indicator  wiien  said  car  was  discon- 
tinued from  carrying  ]iassengeis  on  said  <iay.  which  shall  he  designated  as 
closing  nuinher. 

The  repiirl  oi-  talile  for  a  day  preceding  a  legal  Imliday  or  a  Sunday  shall 
lie  furnished  on  the  lirst  secular  day  Ihereafler. 

If  the  furnishing  of  the  lalde  or  report  on  the  day  i)ro\  ided  for  in  this 
section  becomes  iinpossiide  by  reason  of  circumstances  beyond  tlie  control 
of  the  person  or  c(Mu|iany  re(|uired  to  furnish  the  same,  then  it  shall  be  fur 
nished  as  soon  thei'eafiei-  as  |)ossit>le.     (Ord.  iMOST.  sec.  •_M."{.")A.  1 

See.  22<J0.  What  ollicials  aiith<»i'i/.(Mi  to  ti'st  corrocliu'ss  of 
reports    an<l    returns,  aii«l    in   wlial    manner — compensation. — 

The  comptroller  of  tlu'  City  of  St.  I^onis,  or  he,  acting  through  his  author 
ized  deputies,  shall  be,  and  hereby  is,  authori/.ed  to  investigate  the  correct- 
ness aiul  accuracy  of  the  returns  or  re|)orts  re(|uii'ed  in  the  preceding  sec- 
lion,  ami  for  that  |purpose  shall  have  access  at  all  reasonable  times  to  the 
registers,  books,  docunu'iils  and  rejiorls  bearing  on  the  same,  of  any  jier- 
son.  com]iany  or  association  required  to  make  such  report  or  table;  and  may 
appoint  teiuiiorary  inspectors,  not  exceeding  six,  to  make  note  of,  check  up 
ami  verify  the  tigures  and  numbers  shown  by  the  jiassenger  registers  or  in- 
dicators in  tlu>  street  cars,  and  assist  in  a  proi)er  investigation,  wiienever  he 
so  desires;  said  ins]iectors  shall  receive  for  their  s{'rvices  a  compensation  of 
three  (bdlars  per  day  each,  while  emiiloyed.  and  shall  be  empbncd  or  dis 
charged  at   the  jileasure  of  said  ciuuplioller.     (Ord.  2HIS7.  sec.  Ul.*?")!?.  i 

See.  2261.  Failure  to  rei>or(,  or  interferiiij;  with  investijja- 
tion  niisdemeanor^penalty. — livery  person,  corpoi-ation.  company  or  as- 
sociation refusing  or  neglecting  to  make  the  report  provided  for  in  .section 
l.'l!."i".l.  or  making  any  false  or  fraudulent  re|iori.  or  interfering  in  the  ]ier- 
forniance  id'  the  duties  of  the  complroller.  depulies  oi-  ins|)ectors  provided 
for  in  section  li2(>(l.  sliall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction sliall  be  tined  not  less  than  five  mu-  more  than  tivi'  huudrerl  dollars. 
M»rd.  -JIOST.  .sec.  2135C.) 

See.  2262.  Lieense  eolleetor  to  fjive  noti<'«'  to  pay  li«*ense — 
failure  to  pay  lieense  misdemeanor — penalty. On  the  sixteenth 
da\  (if  .\pril.  .Iul\.  (•I'liilier  :inil  -laliuaiN  nf  I'arli  \eal'  the  license  collect(U' 
shall  notify  all  jiersons,  companies,  corporations  or  associations  re(|uired  to 
pay  a  strei-t  car  licen.se.  t<i  ]>ay  such  license;  and  any  of  them  refusing,  fail- 
ing or  neglecting  to  pay  said  license  within  ten  days  after  having  received 
said  notice,  shall  be  deemed  guilty  of  a  misdemeanor  and  on  conviction 
thereof  shall  be  lined  not  less  than  one  hun(lre<l  dollars  nor  more  than  five 
hundred  dtillais;  and  each  ilay  of  stich  failure,  neglect  or  refusal  shall  con 
stitute  a  separate  otVense.     (Ord.  'J1IIS7.  .sec.  •Jl-'tli.i 

See.  226.'{.  Failure  to  operate  a>^  re\oeation  of  license,  when. 
— \  failure,  refusal  or  neglect  to  i>ay  such  license  for  thirty  days  after  the 
same  is  payable  shall  operate  as  a  revocation  of  any  existing  nv  subseipn-nt 


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1052  REVISED  CODE  OR  GENERAL  ORDIN.'VNCES.  [CHAR   31. 

dred  dollars  for  cucli  and  cvtMv  lahle  that  siicli  porsoii  tiejilccts  or  refuses  to 
take  out  a  license  for,  to  be  sued  for  and  recovered  as  in  other  cases  of 
breaches  of  city  ordinances.    (M.  ('.,  sec.  214(}.) 

As  to  right  to  regulate  billiard  hall.<^.  and  game.s  under  the  police  power,  see 
Tarltio   vs.   Cook,    120   Mo.    1. 

Sec.   2274.     Amount   of    license    for    specified     vocations. — 

There  shall  be  levied  and  collected  for  every  license  granted  tor  any  busi- 
ness or  object  herein  specified,  as  follows: 

First.     Upon  a  bill  i)oster's  license,  ten  dollars. 

Second.  T'jion  a  license  for  a  pistol  or  shooting  gallery,  twenty-five 
dollars. 

Tliinl.     I'pon  engraver's  license,  ten  dollars. 

Fourth.     I'pon  litliogra]iher"s  license,  ten  dollars. 

Fifth.     Upon  a  mercantile  agent's  license,  one  hundred  dollars. 

Sixth.     Upon  a  photograjihists'  license,  twenty-five  dollars. 

Seventh.  For  each  circus,  circus  and  menagerie,  or  menagerie,  three 
hundred  dollars,  and  fifty  dollars  per  day  for  each  day  in  excess  of  one 
week. 

Eighth.  For  each  side  show  of  any  kind  accompanying  any  circus, 
sixty  dollars,  and  ten  dollars  per  day  for  each  day  in  excess  of  one  week. 

Ninth.  Upon  a  license  for  theaters,  theatrical  exhibitions,  museums 
or  any  other  exhibition,  show  or  amusement  where  an  admission  fee  is 
charged;  for  one  month,  twenty-five  dollars;  for  three  months,  seventy-five 
dollars;  for  six  months,  one  hundred  dollars;  for  one  year,  one  hundred  and 
fifty  dollars;  provided,  however,  that  for  any  exhibition,  show  or  amusement 
given  for  benevolent  or  charitable  purposes,  no  license  shall  be  required. 

Tenth.  For  the  amusement  known  as  roundabout  or  Hying  horses, 
forty  dollars,  for  a  season  not  exceeding  six  months. 

Eleventh.  Upon  a  license  to  keep  a  pool  table,  ten  dollars.  ( M.  C. 
sec.  2148.) 

See.  2275.  Term  of  licenses. — Licenses  granted  under  this  article 
shall  continue  in  force  twelve  months,  except  as  otherwise  provided.  No 
license  of  any  kind  shall  be  issued  for  a  shorter  period  than  that  specified 
in  each  instance  in  tliis  article,  except  in  such  cases  as  upon  a  full  state- 
ment of  the  facts  apiiear  to  the  license  collector  worthy  of  charitable  con- 
sideration and  tliat  the  apjilicants  are  truly  unable  to  pay  license  for  the 
full  period  stated.  In  such  cases  the  license  collector,  with  the  approval  or 
upon  the  recommendation  of  the  mayor,  is  authorized  to  issue  license  for 
shorter  ])eriods.  not  less  than  one  month,  at  jtro  rata  rates.  (M.  C,  sec. 
2140.) 

Tills  section  was  amended  by  fixing  the  periods  of  the  respective  licenses: 
Ordinance  No.  22576,  approved  Oct.  2,  1906,  after  the  submission  of  the  Revised 
Code  to  the  Assembly.      (See  Appendi.x.) 

Sec.  2276.  Licenses  to  be  subject  to  ordinances.— All  li- 
censes issued  in  jtursuance  of  the  ju'ovisions  of  this  article  shall  be  issued 
subject  to  the  ordinances  of  the  city  existing  when  they  are  issued,  or  .sub- 
sequently passed.     (M.  C,  sec.  2150.) 


AHT.  XX.  I      OF  SUNDRY  VOCATIONS   AND  MISCELLANKOUS   PROVISIONS,  1053 

See.  2277.  Form  of  li<*«>iise.  .\ll  licensps  shall  be  issued  in  blank 
by  the  rcjiistci-  iiniler  the  seal  of  tlie  ritv,  ami  .si^^iieil  by  the  license  collector, 
and  shall  be  as  near  as  may  be  in  the  riillowiii-;  form:     "City  of  St.  I.ouis. 

I, License  Collector  of  the  City  of  8t.  Louis,  to  all  who  shall  see 

these  presents.  <i;reetiiif;:     Know  ye  that  whereas  — ,  on  the  day  of 

,  in  the  year  of  our  Lord  .  paid  to  the  sum  of  dollars, 

beiii;;  the  ta.\  imjiosed  on  as otherwise  comjilied  with  the  require- 

meiils  of  the  city  oi'ilinances  in  this  behalf;  therefore  the  said is  hereby 

authorized  and  fiiiiMiwci'cii  lo for  the  term  of months  from  . 

Ill  testimony  whereof  1   have  hereunto  set  my  hand  and  cau.sed  the  seal  of 

the  city  to  bo  affixed  at  the  City  Hall  in  said  city  this  day  of 

A.  I).  "- (L.  S.)   .  License  Collector.     Attest:  .  Kefjister.     And 

when  any  licen.se  shall  be  issued  the  officer  issuini;  the  same  shall,  under- 
neath said  license,  add  the  following,  which  he  shall   si<rn  :     Ciraiited   this 

day  of A.  I).  .      (  .M.  C..  sec.  •_'!.-,  1.1 

See.  2278.  Wlu'ii  license  trausferabl*' — api»rovo<L—  No  li- 
cense };ranted  by  this  city,  except  cart,  wafjon  or  dray  .license,  shall  be  as- 
sit;nable  or  transferable;  nor  shall  any  .such  license  authorize  any  person 
to  do  business  or  act  under  it  but  the  person  named  therein,  nor  at  more 
than  one  place;  and  no  a.s.sijjnment  or  transfer  of  any  license  shall  be  valid 
or  <i\yv  any  rijiht  or  [lermission  to  the  assi<;nee  or  transferee  to  act  there- 
umlfr,  unless  such  assiij:nment  oi-  transfer  shall  be  aiijiroved  and  connter- 
sijjni'd  by  th(»  license  collector;  and  il  shall  be  (he  duty  of  that  ofticer  to 
keep  a  re<;istry  of  all  assijrnments  or  transfers  of  licenses  apjiroved  and 
countersi<j;ned  by  him.     (  ^L  C,  se<-.  -152.) 

Sec.  2279.  Penalty.  -\Vhoe\cr  shall  violate  or  nej;Ieci  or  refuse  to 
conform  to  or  oliscr\f  ihc  prccediii;;  lirovisions  of  this  ai'tii'le.  and  any  or 
either  of  them,  shall  be  deemeti  fiuilly  of  a  misdemeanor,  and  ii|ion  convic- 
tion thereof,  except  as  otherwise  provided,  l)e  fined  not  less  than  ten  dollars 
nor  exci'edin};  tlinn'  hundi-ed  dollars,  to  be  sued  for  and  recovered  as  in 
othei-  cases  of  bre.ich  of  city  oi-dinances.     (^L  C,  sec.  21.53.) 

Sec.    22.S0.     Li«'ense     of    foreifrn    innnranee   eoinpanies.— The 

license  collector  shall  rolled  of  all  forci-;!!  iiisuramc  companies  doinj^  busi- 
ness in  this  city  by  a^jency  the  tax  authorized  by  an  act  of  the  {general  as- 
send)ly  of  this  state,  viz.:  One  hundred  dollars  annually  in  advance;  and 
any  ap>nt  refusing  or  failing  to  pay  said  tax  wiieu  called  ujion  by  the  license 
collector  for  the  same,  shall  l)e  deemed  guilty  of  a  misdemeanor  and  on  con- 
viition  thereof.  Ik-  lined  two  hundred  dollars,  to  be  recovered  as  other  tines 
are  by  the  city.    (M.  C,  sec.  2154.) 

Licensing  Insurance  companies,  see  R.  C.  sec.  2137.  As  to  collecting  revenue 
by  license  from  foreign  Insurance  companies,  see  St.  Joseph  vs.  Ernst.  95  Mo. 
360;  Kansas  City   vs.  Oppenhelmer.   100  Mo.   App.   527. 

See.    2281.     Applieation     for     license     iuuh>r     this     <-liaptcr. 

— .application  for  licenses  under  this  chapter,  as  iiawnbrokers.  keepers  of 
intelligeiiie  oftbes.  museums,  junk  shops,  auctioneers  and  keejiers  of  shows, 
theaters  and  exhiliitions  of  any  kind  whatsoevi-r.  shall  be  made  in  writing 
to  the  licenw  collector,  and  shall  state  where  the  iiawiilu-oker  shoji  or  other 
place,  shop.  show,  theatei-  or  <'xhiliiiioii  is  lo  l>e  kej)!  or  exhibited.  ^.^L  C, 
.sec.  2155.) 

Se<'.  2282.  l]U|iiiry  of  lici'n.se  <-oniiitisHioner. — The  licen.se  col- 
lector,  upon   receipt   of  such    written   application,   shall   make   all   due  and 


1054  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.   31. 

j)roper  inquiry  iiito  thi-  cliaruclcr  ol'  ;ill  sucli  ajiplitaiiTs  Uiv  liceuse,  and 
sliall  not  grant  a  license  to  sncli  aiiiilicant  or  aitplicants  lor  such  licensi' 
unless  he  has  good  and  STifficicnt  assurance  and  reason  to  believe  of  his  own 
knowledge  that  all  sncli  ai)i)licauts  for  such  license  are  fit  and  proper  per 
sons  to  receive  the  same.     (^1.  C,  sec.  2150.) 

Sec.   2283.     Petition    of    blo<*k    residents — wlien    re<iuired. — 

In  addition  to  all  other  requirements  of  Ihis  article,  the  ajiplicant  or  appli- 
cants for  said  license  shall  furnish  to  the  license  collector  a  jietition  signed 
liy  a  majority  of  the  residents  of  the  block  wherein  said  business  is  to  be 
carried  on,  and  also  a  majority  of  the  residents  of  the  portion  of  the  block 
opjtosite  said  place  of  business,  requesting  the  issuance  of  the  said  license, 
and  declaring  that  the  maintenance  of  said  pawn  shop,  intelligence  office, 
nmseum,  junk  shop,  auction  place,  show,  theater  or  exhibition  of  whatsoever 
kind,  is  not  a  nuisance  or  source  of  annoyance  to  said  residents.  (M.  C. 
sec.  21.^7.) 


Sec.  2284.  Penalt>'. — Any  person  violating  any  of  the  [n-ovisions  of 
this  article  where  no  sjiecial  i)enalty  is  provided,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  on  conviction  thereof,  be  fined  not  less  than  ten  nor 
more  than  one  hundred  dollars.     ('S\.  C..  sec.  2158.) 

Sec.  2285.  Penalty  for  not  talcing  out  license.  — Any  per- 
son who  is  required  to  take  out  a  license,  or  any  person  whose  license  has 
expired,  and  notice  has  been  given,  by  the  license  collector,  shall,  if  nor 
paid  within  ten  days  after  such  notice  has  been  given,  pay  a  penalty  of  one 
dollar,  and  for  every  ten  days  thereafter  one  dollar  shall  be  added  as  a 
])eualty,  until  the  i)arty  rcMjuired  to  taki'  out  such  license  shall  have  com 
l)lied  with  the  provisions  of  regulating  licenses  in  this  chapter:  said  pen- 
alty sliall  be  collected  with  the  license  by  ihe  license  collector  and  paid  into 
the"  city  treasury.     (M.  C  sec.  2150.) 

Sec.  2286.     Renters   of   liootlis    in     fair    grounds — exempt — 

when. — The  renters  of  booths  in  the  fair  grounds,  who  hold  unexpired 
licenses  to  carry  on  similar  business  in  other  parts  of  the  city,  shall  not  be 
required  to  take  out  any  additional  licenses  for  carrying  on  the  same  busi- 
ness at  booths  in  the  fair  grounds  during  fair  week  and  exposition.  In 
cases  where  the  profits  of  any  such  booth  during  fair  week  and  exposition 
is  api)lied  to  chai'itable  purposes,  no  license  shall  be  required.  (  M.  C,  sec. 
2160.) 

Sec.  2287.  Ijicen.se  of  fruit  audioneers. — Any  i)t'i-.s<ni  or  per- 
sons or  company  of  persons  licensed  as  agents  or  dealers  in  fruit  may 
obtain  a  license  as  fruit  auctioneer  upon  the  payment  of  one  hundred  dol- 
lai-s,  which  license  shall  continue  in  force  for  the  period  of  one  year,  and  no 
such  ])erson  or  persons  or  company  of  persons  shall  be  permitted  to  sell 
fruit  at  public  auction  without  first  having  obtained  a  license  as  fruit  auc- 
tioneer.    CM.  C,  sec.  2161.) 


fllAP.   .•!2. 1  Ol'"  COM.I^CTMl;.  1(155 

CHAPTHK  M. 
or  coM-ix-rrn:  • 

Sec.  22S8.  Ki'ffistor  t<»  H:ivt'  riTliliraU'  ol  t-lfftion. — 'I'li.- 
rej^ister  sluill  {live  to  the  collet-tor  a  certiticale  of  his  i'le<-tioii,  autheiiticalol 
l>y  the  seal  ol'  the  cil.v.     (  M.  <"..  sec.  L'IC.-J. ) 

S,c.  •2-2S'.i.  Otiicial  lioiul  n(  colhM-lor.— Tin  colli.tur  hif.n. 
entering;  iiiKin  tin'  (liscluiij;!'  ol  ilic  (hiiics  ul  his  ollicc,  shall  -jivt'  hoiid  ami 
security  to  the  rifv  for  the  faithful  ]ifrforinaiu'e  of  his  (hiiics,  conditioiieil 
that  lie  will  faithfully  aud  i)uuctu:illy  colleet  aud  jiay  over  all  state,  school. 
muui<'i|ial  aud  other  revenues,  aud  other  claiuis  the  i  iiy  uiay  have  afjaiusl 
any  jierson  durinj:  the  tiilie  he  shall  lie  in  oflice,  and  that  he  will  in  all 
tliiuf;s  faiilifully  iierforiu  all  duties  of  the  oflic(>  of  collector  accordiu};  to  law 
and  ordinances.  Such  liond  shall  lie  in  the  sum  of  two  Inindrcd  thousand 
(hdlars.  with  at  least  live  solvent  securities,  who  are  owners  of  uuiucnin 
bered  real  estate  in  the  city,  aud  shall  he  approved  by  the  inaycu"  and  coun- 
cil. He  shall  also  ftive  bond  in  amount  and  security  to  tlie  slate  to  the 
satisfaction  of  the  mayor.  conditione<l  that  he  will  faithfully  and  punctuallx 
collect  and  pay  over  all  state,  school,  municipal  and  other  rexcunes  durinu 
tlie  time  he  shall  lie  in  office,  aud  that  he  will  in  all  tliini;s  laillifully  per 
form  all  the  duties  of  the  oflice  of  colleclor,  according;  h>  law.  This  bond 
shall  be  sij;ned  by  at  l(»ast  live  solvent  securities,  freeholders  within  the  cil\, 
and  be  exectited  in  duplicate,  one  of  which  shall  be  deposited  with  the 
rejjister,  and  the  other  transmitted  by  the  refjister  to  the  stale  auditor,  who 
shall  carefully  examine  the  same,  and  if  it  appears  to  his  satisfaction  that 
the  bond  is  insufticient.  he  and  the  mayor  shall  I'equire  the  collector  to  '^\\^• 
additional  boml,  and  if  he  fail  to  ^ive  additional  bond  within  ten  days  afliT 
he  shall  have  been  notilied,  his  oflice  shall  be  declared  vacant.  Said  bund 
when  apjn'oved  and  iccorded,  shall  be  a  lien  aj^ainsl  the  real  eslale  of  iln- 
collector  until  he  shall  have  complied  with  the  conditions  thereof.  If  ilie 
collector  shall  ncfjlect  or  refus(>  to  fjive  such  bond  for  lifteen  days  after  his 
election,  liis  office  shall  he  declared  vacant,  and  an  election  shall  Im?  ordered 
by  the  mayor  to  till  the  vacancy.     (M.  C,  sec.  21ti3. ) 

Homl  ri'f|iil«ltfs  nndor  Cliartor:  Art.  IV,  sec.  24:  Art.  XIII.  •"■■■.  .1:  Art.  V,  .«i-c. 
30:  8fO.  also.  U.  S.  1899.  .sec.  9206  ct  si-i|.  (r.j»ws  Specially  .Vtipllialile  to  St.  bonis, 
sec.  471  ft  </•»  .  ante.  p.  1815  ami  notes). 

Sec.  2U!H).     ('olIiM'tor    to    «'<>ll«'rt    all    i-fv  niiio,    »'\«'«'|»(    \\al»T 

rati's. — The  collector  shall  collect  all  revenues  <leri\cd  from  all  sources 
which  may  Im-  levied  by  law  or  ordinance  within  the  cily.  except  water  rates. 
and  keej)  a  detailed  account  of  his  collections  from  all  the  dilVerent  sources 
of  revenue  and  taxation  respectively.  All  collections  made  lH'liui;;iu<ij  to  the 
city  shall  be  paid  into  the  city  treasury  d:iily.  and  iriplicate  receipts  taken 
tlierefor.  showin;;  from  what  sonrc(>  Ilie  money  proceeds,  and  the  accoiini 
lo  which  it  is  place<l.  one  of  which  sluill  be  liled  with  Ihe  auditor,  and  one 
with  the  comptroller.    (  M.  < '..  sec.  LMfi4.i 

*'harl»'r  r'-inilres  hlni  t<»  ritUert  all  .stati-.  H4-Iii>oI  uihI  «-lt.\-  tjixt'H.  lic»'nsfs. 
wharfaK"'  ami  olln>r  claims  nnd  pay  over  to  tin;  treasury  dally,  etc.:  Art.  IV. 
«.■.■     _'l       \-f     XIM     --•■       •    <-•' I    •.,.-.       \..      !\-     ...      .:    ...!...< Out   under 

•riiiirt.r  piovi.sl.ms:  .-<■■.■  Art  l\.  .s.,  k.  1.  !•(;  Art.  V,  .i.  i  -  .-.  -•.  -6.  30.  31,  .TL". 
3.1.  34:  Art.  IX.  sec,  6;  Art.  XIII,  sec.  X;  Scheme,  sees.  8.  2n.  S<'e  statutory  pro- 
visions: H.  S.  1S99.  sees.  9331-9335  nnd  In  Kenerol  U.  .S..  Cliiip.  H'.i.  Art.  III-VII 
These  statutory  provisions,  so  far  as  rclatInK  specially  to  .><t.  Ixuls,  nro  herein 
before  set  out.  with  notes.  In  "Iji"  «  Sm...  l.ik  \i>pllcalile  t"  :<t.  Ix)Uls."  Chapt'-r 
2C.  Sec.   469   ti  sm.,  pages  184-1 S' 


1056  REVISED   CODE   OR   GENERAL   ORDINANCES.  [CHAP.    32. 

Act  1893.  p.  149,  and  amendments,  all  dramshop  licenses  are  now  under  the  juris- 
diction of  the  excise  commissioner:  See  as  to  dramshop  licenses,  R.  C.  Art.  IV. 
Chap.  31,  sees.  2150-2165.  and  by  Laws  1901.  pp.  80-82.  licenses  are  to  be  collected 
by  the  License  Collector.      (See  notes  to  R.  C.  Chap.   30,  on  this  point.) 

Sec.  2291.  Rebate  on  tax  bills. — For  the  purpose  of  carrying  out 
the  provisions  of  section  thirty-two,  of  article  five,  of  the  charter  of  the 
rity  of  St.  Louis,  the  collector  is  hereby  authorized  and  directed  to  make, 
on  all  tax  bills  for  real  and  personal  i)roperty  on  the  assessment  books, 
which  shall  be  paid  to  him  on  or  before  the  first  day  of  October  in  each 
year,  an  allowance  or  rebate  on  the  city  taxes  on  said  bills  to  the  person 
or  persons  making  such  jjayment,  at  the  rate  of  eight  per  centum  ]>vr  annum 
from  the  date  of  such  payment  to  the  thirty-first  of  December  following. 
and  the  amount  of  such  allowance  or  rebate  shall  be  credited  to  the  account 
of  the  collector,  and  charocd  to  the  resj)pctive  ro<-enue  account.  (M.  (\,  sec. 
2165.) 

Sec.  2292.  Deputies — imniber — collector  responsible. — The  col- 
lector shall  have  jiower  to  appoint  such  deputies  as  may  be  necessary  to  per- 
form the  duties  of  the  collector's  office;  provided,  however,  that  the  number 
shall  not  at  any  time  exceed  fifty-four  permanent  deputies;  and  the  collector 
may  also  revoke  sucli  ai>i)ointments  at  his  pleasure,  and  may  require  bonds 
or  other  securities  from  such  dejiuties  to  secure  himself;  and  each  of  sucii 
dei)uties  shall  have  like  authority  in  every  resjiect  to  collect  the  taxes  levied 
or  imposed  within  the  city  or  any  jiart  thereof  which  by  law  is  vested  in  the 
collector  himself;  but  the  (■<)ll(Ht<u-  shall  in  every  resjjcct  be  res|ionsible  to 
the  state,  city,  individuals,  companies  or  corporations,  as  the  case  may  be, 
for  all  moneys  collected,  and  for  every  act  done  by  any  of  his  deputies  while 
acting  as  such,  and  for  any  omission  of  duty  by  any  of  his  deputies;  said 
bond  or  security  taken  from  a  de]iuty  by  the  collector  shall  be  available  to 
such  collector,  his  representatives  and  securities,  to  indemnify  them  for  any 
loss  or  damage  arising  from  any  act  of  such  deputy.     (M.  C,  sec.  21(i().) 

Charter.  Art.  V.  sec.   33,  and  note.      R.  S.  1899,  sec.  9217    (Laws  Specially   Appli- 
cable  to    St.    Louis,    sec.    482). 

Sec.    2293.     Books    showing    daily    receipts    to     be     kept.— 

The  collector  shall  kec])  all  neci^ssary  books  in  which  to  enter  the  daily  re- 
ceipts from  taxes  upon  real  and*[)ersonal  jjroperty,  delin(pient  and  forfeited 
taxes,  licenses  and  all  other  taxes.  The  entries  shall  be  made  in  such  a  man- 
ner as  to  show  tlie  total  dailv  receii>ts  from  each  source  of  revenue.  ( JI.  ('.. 
sec.  21G7.) 

See.  2294.     Duties    of    register    transferred    to    collector — 

Under  authority  of  sections  twenty-four  and  thirty-four  of  the  scheme  for 
separating  the  City  and  County  of  St.  Louis,  all  the  powers  and  duties  aj) 
pertaining  to  the  register  of  the  City  of  St.  Louis,  with  reference  to  the 
state,  school  and  city  taxes  on  merchandise  and  merchants'  licenses  in  the 
City  of  St.  Louis,  are  hereby  transferred  to,  and  shall  be  exercised  by  the 
coliector  of  the  City  of  St.  Louis,  except  such  duties  relating  thereto  as  are, 
or  mav  be.  conferred  bv  ordinance  u])on  the  license  collector.  (JL  C,  sec. 
2168.)* 

Sec.  2295.  Compensation  of  deputies,  etc.— The  compensation 
of  the  deputies  of  the  collector  is  hereby  fixed  as  follows:  One  chief  dejuity 
at  the  rate  of  twenty-five  hundred  dollars  per  annum;  one  deputy  at  the 
rate  of  twenty-four  hundred  dollars  ])er  annum;  one  deputy  at  the  rate  of 
twenty-one  hundred  dollars  per  annum;  one  deputy  at  the  rate  of  nineteen 


CHAI'.    23.1  OF  SKCONl)   IIANU    PKAI.KRS. 


101)7 


huiMircti  dollars  per  iiiiiiiiin:  oiu'  tlcpuiv  :il  llic  rate  of  fi^^lilcrn  Iniiiiliril 
dollars  per  aiiimiii  ;  tliicc  di-piiiifs  at  llu-  lalc  oT  scvciitrcii  liiiiidnMl  dollars 
jMT  aiiniiiii ;  llin-c  di'|piiiics  at  ilic  rale  ol'  liliccii  IuiihIiimI  dcliais  per  aniiiiiii : 
cifjlil  dcpulics  at  Ilic  lalc  of  twelve  liiilidred  ilollai's  ]ier  aiiimin;  lliree  (le|)ii 
ties  al  llie  rate  of  one  ilioiisaiid  dollars  |iei-  aiiiiniii ;  I  wo  de|(iil  les  at  the  rate 
of  nine  hundred  and  sixty  (hdlars  per  annnin;  tiiirlv  di'|nilies  al  llie  rale  of 
nine  hundred  dollars  jier  annnni.     i  .M.  ( ".,  sec.  21til).  I 

See.  22itt;.  Cost  of  colloctioii  io  Uv  |):ii«l  as  pn'scrihod 
by  stsitt'  liiw.  The  lolleclor  shall  pay  all  salaries  and  other  expenses 
of  his  ol'liee.  and  all  other  costs  of  eolleetillj;  the  resiieeti\'e  revenues,  in  the 
majiner  i>iTscrihed  liy  an  act  id'  the  fieneral  assembly  of  the  Slate  of  Mis 
souri,  apju-oved  May  ninth,  eij;hleen  hundred  seveiityniiie.  entitled,  "An  act 
to  amend  an  act  entitled  an  act  to  rejiidate  the  fees  of  collectors  oC  stale  and 
county  reveinu's."  ajiproved  Mav  second,  eij;hteen  hundred  seven! vs(>veii. 
(M.  C.  sec.  2170.1 

Sco   H.    S.    IS9;>.   Cliiiiit.r    1  l;i.    Art     1 1 1  -  \"  1 1 

Sec.    2297.     One    deputy    shall     he    a    notary     piihli*-.— On.- 

of  tlic  i)ennanent  deputies  ajipoinled  hy  the  collector  under  the  provisions 
of  section  22'.I2  shall  lie  a  notary  public,  and  shall  administer  all  the  oaths 
required  to  be  made  to  the  collector  by  stale  law  ami  cily  oi-dinam-e,  and  no 
fiH'  or  coni|>ensation,  other  than  the  salary  allowed  him.  shall  be  charj;e(l  or 
collected  by  said  dejnity  as  stich  or  as  notary  public,  noi-  by  any  one  lor  him, 
for  adminisierinLT  such  ()ailis.     i  .M.  (".,  sec.  2171.) 


CHAPTHR  .Vv 

OF  SECOND  HAND  DEALERS. 

Set".  2298.  See<>ii(l-li;»n»l  «l<'alers  defined. — Any  person,  eompuny 
or  corjioration  doin;;  business  in  tin-  city,  who  purchase  and  sell  {loods  of 
any  kind  or  descriidion,  liavinj;  once  been  used  or  transferred  from  the 
manufacturer  to  the  dealer  and  then  received  into  the  jiossessiou  of  third 
parties,  whether  the  same  consists  of  cloths,  carpets,  clotliin-i.  raj;s,  iron  or 
other  metals,  fnrniliire  or  articl(>s  of  household  utensils,  or  articles  of  jiei-- 
sonal  use.  or  male  and  female  weariu-;  ajiparel,  or  of  jewtdry  of  auy  kind  or 
dpscription,  or  of  old  fjold  or  silver,  shall  be  and  ;ii'e  hereby  declared  to  be 
.secondhand  dealers.     iM.  ('..  sec.  2172.1 

Sec.  22'.)!t.     Reefisfrj   «>f  |nireliases    required  — p«'nal(y. — Hvery 

Hecoiid  han<I  dealer  shall  keep  a  book  of  re^isir\  of  ali  purchases  by  him  or 
Ihem  made,  when  the  same  was  made  and  from  wlnun  it  was  made,  and  their 
habitation  or  place  of  abode,  with  a  full  description  of  the  person  .sellin^j  the 
sairtp,  and  a  full  and  acenrate  description  of  the  jioods  or  chattels  ]iur- 
chased.  .\uy  failure  to  record  a  minute  descri|ilion  as  by  this  se<'tion  pro 
vided.  by  the  second  hand  dealer,  shall  be  deemed  to  be  a  iiiisdemeanor,  and 
upon  conviction  thereof,  such  second  hand  dealer  shall  be  fined  in  a  sum  not 
less  than  ten  or  more  than  one  huinlrcd  dollars  for  each  olTens(>,  I'\w  the 
purposes  of  this  .section,  any  failure  of  the  servant,  i'm|doye  or  a;;eul  to  tile 
such  description  as  by  this  s«>ction  provideil,  shall  be  deemed  to  be  a  viola- 
tion of  this  soi'tion  bv  the  jirincijtal  or  spcondhand  dealer.  IM.  <'..  sec. 
217;{.) 


1058  REVISED    CODE   OR    OICN  KKA  I,   ( lIUHX  ANTIOS  ICHAP.    3  1. 

Sec.  2300.  Hejyistry  to  hv  ojK'n  to  insi>e<'tioii. — The  said 
book  of  rojfislrv  sliall  lie  iit  ail  limes  diicn  to  the  insjitfclioii  of  the  niavof. 
ehief  of  police,  city  attorne.\.  city  iiiaislial.  siieritls  or  coiistahies  within  oi- 
for  the  City  of  St.  Louis,  or  of  any  person  who  shall  he  dnly  autliorized  in 
writinj;  for  tjial  imrjose  liy  any  or  either  of  them,  and  wlio  sliall  <'xhilpii 
such  written  anlhorily  to  the  second  hand  dealer.     (M.  ("..  sec.  l!174. ) 

Sec.  2301.   Offers  to    sell    !)>     siis[»iei<nis    eliaraeters    to    be 

rejiortetl. — In  case  any  suspicions  oi-  known  dishonest  person  shall  otter 
for  sale  to  any  second-hand  dealer,  his  ernjploye,  anient  or  servant,  any  ar- 
ticle of  \alne  or  virtue,  and  he  or  they  liave  reason  to  believe  fi-oni  any  cir- 
cumstance that  the  same  has  been  st(den  or  acfjuired  by  dishonest  means, 
it  shall  be  their  duty  to  at  once  report  r.he  same  to  the  chief  of  police  or  to 
the  officer  on  the  beat  in  which  their  place  of  business  is  located.  Any  fail- 
ure to  so'report  shall  l)e  deemed  to  be  a  misdemeanor,  and  the  second-hand 
dealer,  his  servant,  ajjent  or  em])lover  ujioii  ccuiviction  thereof,  shall  be  fined 
in  a  sum  nor  to  exceed  tt\e  hundred  doll.irs.     i  .M.  C,  sec.  2173.) 


CHAPTER  ,U. 

OF   SEWERS  • 

Sec.  2302.     Sewers  to  observe  reqiiireiiients  of  this  chapter — 

All  sewers  or  drains  which  connect  with  or  discharj^e  into  any  public,  dis 
trict  or  joint  district  sewer,  or  which  lie  wholly  or  in  part  u]ion  any  public 
street,  alley  or  lii};liway,  shall  be  constructed  in  accordance  with  the  pro- 
visions of  this  chapter,  and  in  conformity  with  the  re<rulations  of  the  sewer 
commissioner,  who  shall  have  fienei-al  siiper\ision  df  all  sii<  h  woi'k.  (Ord. 
2(H;(iS.  amendinfi  M.  <"..  sec.  21H(.  i 

Sec.  2303.  Permit — when  re(iuir«Ml,  what  to  contain,  etc. — 
liow  obtaiiie«l — plans  for  sewers  t«)  be  api)i'o\e«l — deposit  re- 
quired— lot  owner  takes  risk  of  back  water — back  water  traj) 
recpiired. — No  person  shall  excavate  around  oi-  under  an\  public,  district, 
joint  district  ttv  |iri\ate  s(>wei-.  nor  connect  any  ])i-ivate  sewer  therewith,  uor 
constiiict  or  re](air  any  sewer  or  di'ain  on  any  public  street,  alley  or  high- 
way, exce])t  under  and  in  accortlance  with  the  terms  and  ((uiditions  of  a 
l)ermit  so  to  do,  issued  by  or  with  the  authority  of  the  sewer  commissioner, 
which  permit  must  be  at  all  times  on  tli(>  ifround  while  the  work  is  in  ])rof;- 
ress,  and  be  shown  to  any  policeman  oi-  other  person  who  asks  to  see  it. 
Permits  for  the  construction  or  rei)air  of  jirivate  sewers  or  drains  will  be 
issued  only  to  such  persons,  firms  or  coi'iioi-al  ions  as  have  j;iveii  the  bond  re- 
(|uired  to  be  <;iven  l)y  drain  layers,  and  who  have  a  cei-tificale  or  rejiistra- 
lion.  njxtu  the  aj)plication  of  the  owner  of  the  jirojiei'ty  to  be  drained,  or  his 
duly  authorized  a.gent.  All  applications  foi-  jiermits  must  be  made  upon  the 
blank  forms  furnished  by  the  sewer  department,  written  wiih  ink.  and  must 
irive  a  clear  description  of  the  property  to  be  di-ained.  of  tlie  sewers  or  drains 
to  be  constructed,  and  a  list  of  the  vaults,  watei'-closets,  sinks,  down  spouts 
and  othei-  fixtures  to  be  connected  thei-ewilh.  If  the  sewer  commissionei' 
shall  deem  i(  necessary  for  such  descrijil  ion.  he  may  i-eipiire  a  i)lan  and 
]irofile  of  the  jproposed  sewers,  and  all  such  jilans,  ju'ofiles  and  descri]il  ions, 
or  copies  thereof,  shall  be  left  on  file  in  the  office  of  said  commissioner. 


•As  to  Sewer  Commissioner  anti  ciiiployf.s.  -see  R.  C.  .si.'c.'*.  19.5o-1956.  1997, 
2001.  2011.  Cliartei-  iirovi.sions  concerning  sewers;  See  Ciiarler.  Art.  VI,  sees. 
20.  21.  22,  23  and  annotations  tliereto:  /A.  Art.  Ill,  sec.  26.  clau.se  2.  See  Hill  vs. 
St.    l^ouis,    1,");)   Mo.    159. 


c'llAI"     111  »il-  SKWKKS.  10-,i) 

11  llii'  |ii'<>|Hisi'il  scwt'i's  ;irr  ill  iiccorilnnrc  Willi  llic  |ii'<i\  isiiMis  of  lliis 
rli;i|)lt'r  ami  llic  plans  llH-rcol"  arc  ap|ir(ivi'(l  liv  llit'  sewer  comiiiissioiier.  he 
shall  issue  a  peniiii  for  I  heir  eoiislnii'tioii.  wliicli  pei'inii  shall  rmilaiii,  iir  In- 
aci'ixiipanied  liy  llie  i-e;;iilaii(>iis  and  eonilit  ions  iiiiiler  which  ihe  work  is  to 
he  <l(Hie;  provided.  Iiowi-ver,  lliat  if  the  leiiijili  ol'  a  proposed  sewer  upon  any 
stn-el,  aMev  or  hi;,diway  shall  exeeed  one  hundred  feel,  or  if  Ihe  sewer  is 
likely  lo  lie  used  li\  more  Ihan  one  parly,  or  lor  any  use  nol  riearly  speeilied 
in  the  appiiealion.  Ihe  jilaiis  Ihereol'  iiiiisl.  iieloi-e  (lie  permil  is  issued,  lie  ap 
proved  liy  the  hoard  ol'  pulilie  iMiproveiiieiils,  and  a  sum  of  money  jiaid  into 
the  city  treasury  snl'licient,  in  llic  (i]iinion  ol'  said  hoard,  to  pay  the  cost  ol 
inspection,  which  sum  shall  lie  a  sjiecial  I'lind.  out  of  which  Ihe  sum  of  three 
dollars  and  sixty  cents  per  day  for  the  services  of  an  ins|iect<M',  appointed  b.v 
the  sewer  coiiimissioner  to  see  that  Ihe  work  is  pro]ierly  done,  shall  he  paid., 
and  the  remainder,  if  any.  returned  to  the  parly  makiiii;  the  (h'posii.  All 
permits  for  sewer  connci'iions  j;rauted  hereunder  shall  lie  >j;i\('n  sulijcd  !(> 
the  condiiions  that  Ihe  lot  owners  take  all  risk  of  daiiiaj;e  thai  may  resiili 
from  water  sj-llinj;  hack  into  llieir  premises  from  the  main  sewers,  and  to 
prevent  sii<-li  seltiiif;  liack  of  water  the  owner  shall  lie  reipiired.  at  his  own 
cost,  to  put  in  a  self  actiii};  valve  in  all  cases  where  a  hack  How  from  the 
iiiaiii  sewer  may  he  apiirehendecl ;  and  it  shall  lie  the  duly  of  ilie  owner  to 
keep  the  valve  in  condition  for  .service  at  all  limes.  'I'lie  sewer  commissioner 
shall  furnish  all  information  in  Ihe  possession  of  his  de]iarlmeut  as  to  the 
p<isiiioii.  depih  and  .i;rade  of  sewers,  the  position  of  juiicliou  ])ieces,  and  as 
to  the  liahiliiy  of  hack  water  from  ihe  main  sewer:  hut  Ihe  correctness  of 
sui'h  inforjiiat  ion  is  not  iiuaraiilccd  li\  llic  cily.  i(tnl.  I'dl'it;,^.  amending;  M. 
I '..  sec.  2177. 1 

l'li:irt>  r-     .\rt      VI      Mff.    2:!. 

Sc-c.  L';!04.      N'«>  prriiiK    wln'rc    iiii|)iii(l    ;iss«>ssiim'ii)     for    Mewrr 
fax — oxooptioii — wlu'ii  ta\   |>rt'suiiMMl    paid,    otf.     No  permit   for  a 
si'wer  conneclioii  under  the  precedinj;  section  shall  lie  issued  if  the  properly 
lo  he  drained  hy  the  pro|]osed  sewer,  or  any  |parl   thereof,  has  <'\('r  heen  as 
sessed  for  the  conslruci  ion  of  district  or  joint   dislrici   sewers  until  such  as 
sessmeni,  or  such  part   thereof  as  may  he  due  at   the  ii<iie  of  ajiplicalion  U>v 
a   permit    for  a  sewer  connect  ion,  has  lieeii   paid;  hiil    in  cases  where  direct 
evidence  of  iiayineiit.  either  in  full  or  in  pari,  cannol  he  produced,  a  penuil 
ina.v  Ik-  issneil.  if  Ihe  owner  of  the  ]irojierty  executes  and  liles  with  lh(>  cil.v 
i-e^isler  a  hond  snflicient   in  aiiiounf  to  secure  Ihe  payment  of  each   install 
inent  of  the  sjiecial  tax  hill,  or  hills  with  interest,  as  il   ov  lhe.\    hecome  due. 
Huaranieeiiif;   the   unioniesied    pa.vmeiii    of   the   assessmenl.    u|ion    presenia 
lion  of  the  orii,'inal  special  tax  hill  or  hills  or  iiisiallment  thereof,  or  if  more 
Ihan   ten  years  have  elap.sed  since  the   maturity  of  the   last    inslallnieni    of 
such  s]iecial   lax  liill.  it   may  he  presumed  Ihal   the  hill  was  |iaid.  in  the  ah- 
senc4>  of  evidence   or   inforniat ioii    lo   the   contrary.      illi..   ameiidiii<;    M.   < '.. 
sec.    L'17S.  1 

I'mlir  Us  I'liurlir  |uiw<rii.  Chi'  rlt.v  Iuih  tin'  riKht  tu  »na<t  tho  Drdlnanco  rr- 
<liilrlnir  tht>  lf>t  iiwni-r  to  pny  tlir  avHcHsmenl  hffitri-  kIvIhk  tiltii  a  iu*rmlt  to  <-(in- 
n*'ct:  ami  th*'  •irtUnaiK-c  Im  valid,  roanonnblc  and  proper:  Hill  vs.  St.  t»ulf*.  I.Mf 
.Mo.    IRS.  oviTriillntf  .^^tat"-  <x   r>-}    v»    llormann.  S4  Mo    App.    I 

See.  L'SlT).  \«)  pci'init  to  «<mii»'c(  willi  ilislrirl  or  jitiiit  s»'\v«t 
ill  <*oiirs«>  of  <-oiiNt  riK't  ion  rxccpt  iiimIci- rrrtaiii  (-oinlilioiis — spe- 
cial f  II  II  «l  — w  li«>n  :ippropri:il<>il  ami  when  it-l  iiriu'il.  -Ihn 
111^  the  conslruci  ion  ol  an\  disirlci  oi-  joint  sewer,  and  prior  lo  the  assess 
ineni  of  the  cost  iliei-eof.  no  permit  for  the  construction  of  any  |irivale 
.st'wer  lo  tlraiii  any  lot  of  •;roiiiid  within  llie  sewer  district  or  joint  .sewer 
district,  or  to  conned  the  same  with  an\  pnhlic.  district,  joint  district  or 
jirivaie  sewer,  shall  he  issued,  unless  ihe  contractor  for  such  dislrici  or  joint 


lOGO  REVISED  CODE  OR  GENERAL  ORDINANCF:s.  [CHAP.   34. 

district  sewer  .sliall  (irst  join  witii  llie  owner  of  the  lot  in  niakinj;  applica- 
tion fgr  the  permit;  but  the  owner  of  any  lot  in  such  sewer  district  or  joint 
sewer  district  may  make  ii  deposit  in  the  city  treasury  of  a  sum  sufticient  in 
the  opinion  of  the  board  of  public  improvements  to  cover  the  first  install- 
ment of  the  assessment  to  be  made,  and  any  jirobable  damajies  (o  the  sewer, 
or  the  sewer  contractor,  which  mij;lit  result  Irom  makinjj;  a  connect  ion,  or 
from  the  use  of  the  sewer  before  its  acceptance  by  the  city,  and  lun-eive  a 
permit  without  the  consent  of  the  contractor.  Said  sum  deposited  shall  be 
a  sjiecial  fund,  out  of  which  shall  be  paid,  on  a  voucher  drawn  in  favor  of 
the  contractor  and  certified  by  the  sewer  commissioner,  the  amount  of  the 
first  installment  of  the  assessment  against  the  lot  drained,  and  such  addi- 
tional amount,  if  any,  as  will,  in  the  opinion  of  the  board  of  jmblic  improve- 
ments, compensate  the  contractor  for  any  actual  damage  he  may  have  sus- 
tained in  con!se(|nence  of  such  connection  being  made  and  n.sed,  and  the  re- 
mainder, if  any,  shall  be  returned  to  the  party  making  the  deposit.  If  the 
(infractor  shall  not,  within  ten  days  after  the  accei)tance  of  the  work  done 
under  the  contract,  tile  a  claim  for  damages  with  the  .sewer  commissioner, 
and  shall  not  within  ten  days  after  the  date  of  the  i.ssue  of  the  tax  bill 
against  the  lot  drained,  accept  a  voucher  in  exchange  for  the  receipted  tax 
bill,  the  party  making  the  deposit  shall  be  entitled  to  receive  a  voucher  for 
the  whole  amount  so  deposited  ujioii  [iresentation  of  the  receipted  tax  bill 
at  the  ofrtce  of  the  comptroller.     ( Ord.  2(MifiS.  amending  M.  ("..  sec.  217S.) 

Sec.  2.S06.  Person  haviiiji:  permit  to  comply  with  direetions 
of  commissioner— if  work  improi)erly  done  commissioner  may 
reconstruct — cost  to  be  recovered  on  l)ond — cancellation  of 
right  to  do  work  as  drainlayer. — lOvery  person  or  party  receiving  a 
periuit  from  the  sewer  commissioner  shall  faithfully  comply  with  all  regu- 
lations and  instructions  of  said  commissioner  or  his  duly  authorized  agents 
in  reference  to  such  work  and  all  the  re(|uiremen1s  of  this  chapter,  and  shall 
enforce  the  same  u])on  his  employes  and  be  held  resjionsible  for  all  their 
acts.  .\nd  in  case  any  work  under  a  ])ermit  shall  be  improperly  done,  and 
in  violation  of  the  conditions,  or  in  case  of  any  damage  to  any  public,  dis 
trict  or  joint  district  sewer  caused  by  such  violation,  either  on  the  ])art  of 
the  person  to  whom  the  permit  is  issued  or  his  employe,  the  sewer  commis- 
sioner shall  have  the  right  to  reconstruct  such  defective  work  and  repair 
such  damage,  and  the  whole  cost  thereof,  together  with  Ihe  costs  of  suit, 
shall  be  recovered  by  the  city  by  suit  on  the  bond  given  by  such  person  as 
drainlayer.  If  any  jierson  or  jtarty  who  has  given  bond  as  drainlayer  shall 
violate  any  of  the  conditions  of  a  ]K'rniit  or  any  rule  or  regulation  concern- 
ing the  construction  of  jtrivate  sewers  or  drains,  wilfully,  the  sewer  com- 
missioner shall  report  the  fad  to  the  board  of  {lublic  impirovements  and  said 
hoard  shall  thereafter  suspend  or  cancel  all  rights  of  such  drainlayer  or 
plumber  to  receive  permit  to  do  work  under  the  control  of  said  board.  1/6.. 
amending  sec.  217!>.) 

Sec.  2307.  Work  done  without  permit -effect  of — recovery 
of  damajjes,  <'tc. — Any  work  done  without  Ihe  ])er'nit  required  by  this 
chapter,  or  which  was  done  without  insjiection  by  some  one  duly  authorized 
by  the  sewer  commissioner,  shall  be  treated  as  defective  work,  and  may  be 
uncovered,  and  if  need  be,  reconstructed  by  said  commissioner  at  the  ex- 
pense of  the  drainlayer  or  plumber  who  did  tlie  work,  or  of  the  owner  of  the 
property  drained ;  and  any  unpaid  assessment  against  the  property  for  dis- 
ti-ict  or  joint  distri(>t  sewers  shall  be  considered  as  jiart  of  the  danuige  done, 
and  shall  be  coll(>cted  by  suit  in  the  name  of  the  city  on  the  bond  of  such 
drainla\<'r  or  iihindtcr.  and  of  the  owner  of  the  property,  or  either  of  them. 
(Ord.  2()Cr.S.  amend.  M.  C,  .sec.  2180.) 


CHAP.    34.)  OK  SIOWERS.  JOgl 

See.  2308.     Ki^Iit.s  oi  «■!( y  rosptTtinj;  private  sowors The  city 

shall  liavc  the  ri};ht  at  all  times  thi-(iU|.;h  the  sewer  coniiiiissidiier  or  otlier 
proper  oflicer.  to  eoimeet  with  and  use  any  pi-ivate  sewer  Iniilt  upon  any 
public  street,  alley  or  hifihway,  for  *lrainin<;  streets  or  for  any  public  i>ur- 
pose,  and  also  to  reconslnict  or  to  close  up  or  lo  disconnect  from  any  pub- 
lic, dislrict  or  joint  district  sewer  any  private  sewer  conslrucled  in  viola 
tion  of  the  jirovisions  of  this  <-|iaptcr  oi-  which  may,  frtnii  ;iny  cause,  have 
become  a  nuisance.     lOrd.  L'OfiC.,'";,  amend.  M.  (".,  sec.  21S1.I 

.■\s  to  fhiirttT  po\ver.s  over  private  sewers,  see  Art.   \'I.  sec.   23. 

See.  2.30!t.  Wlu'ii  owihts  considtTt'd  pelitioiiers,  »>tc.  -The 
owners  or  re|ii'('seniat  ives  of  any  jiroperly  drained  by  a  |)rivale  sewer  into 
a  public,  district  or  joint  district  sewer,  w  lien  such  lUdperty  is  not  situated 
within  the  limits  of  a  sewer  district,  shall  be  consi<leretl  as  ])etitioners  for 
establisliin<;  a  sewer  district  or  joint  sewer  district  whenever  any  otlier 
pmperty  holders  within  said  jirojiosed  districts  shall  jietition  the  board  of 
public  improvcTiieiits  for  the  same.      (//)..  amendinf;  M.  ('..  sec.  iMSli.) 

Sfi'.  2:'>10.  Ilow  coiiiit'ctioii  with  prixate  st'\\rr  may  bo 
obtaiiii'd — (HMisciit  of  luiiUlt'i*  — ilt'l'liiit ioii  of  biiiltliT  «»!' S4'\>('r. — 

Whenever  any  person  shall  desire  to  c(Minecl  with  and  use  a  sewer  which  has 
iM'en  built  liy  private  parties  and  is  located  in  any  public  street,  alley  or 
hi};liway,  he  shall  tirst  obtain  the  written  consent  of  the  party  ownini;  or 
controllinj;  the  land  for  the  drainage  of  which  the  sewer  was  built,  or  his 
duly  aulhnrized  ajicnt,  said  |)arty  beiiij;  desii^naled  lierearier  in  this  chap- 
ter as  the  builder  of  the  sewer.  He  shall  then  make  applicatioii  to  the  sewer 
commissioner  for  a  permit  in  the  same  manner  as  is  provided  for  permits 
to  connect  with  public,  district  or  joint  disti-ict  .sewers,  at  the  same  time 
presentiii};  the  written  consent  of  the  builder  of  the  sewer,  which  iiajn'r 
Mhall  be  left  on  tile  in  the  offlce  of  said  commissioner,  i  Ih..  aiiieiidiiif;  M.  0.. 
sec.  •_'is;t.  I 

.■"i.  .  L'-U I .  Saiiu'— )iow  prrmlt  to  roiinoct  ohtainoil  uilluMit 
lntil(l«>r'.s  coii.si'iit  Iroin  It.  I'.  I.  li  the  a|>|>licatit  sliall  fail  to  obtain 
the  consent  of  the  builder  of  the  sewer,  as  afoi-esaid.  he  may  ajijily  to  the 
board  of  {lublic  improvements  to  fix  the  terms  upon  which  a  jiermil  lo  use 
said  .sewer  will  be  issued  without  the  consent  of  said  builder,  such  applica- 
tion to  be  in  writing.  I'pon  receiviiii:  such  apidicatioii  the  said  board  shall 
fix  a  day  when  they  will  consitk'r  the  matter,  ami  give  notii-e  tlu-reof  to  the 
builder  of  tlie  sewer,  or  his  ag^'Ul,  and  to  the  a|i|ilicant,  either  liy  ]persoiial 
service  or  by  imblicatioii  in  the  newspapers  doing  the  city  |>rinting,  at  least 
one  week  U'fore  the  day  fixed.  At  the  timi-  appointed  the  board  shall  hear 
tlie  jiarties  interested,  if  any  sliall  apjiear.  and  after  due  consideration  of 
all  the  facts,  shall  lix  the  terms  upon  which  the  aiijilicnnt  shall  have  tlu" 
right  to  connect  with  and  iis(>  the  sewer  in  i|Uestion;  provided,  that  the 
board  tlnd  the  sewer  large  enough  to  carry  the  additional  drainage.  The 
award  shall  Im'  tirial  and  binding  upon  all  parties.  If  said  award  shall  in- 
volve the  pawnent  of  money  by  the  ajiplicaiit.  he  may  jiay  fhe  same  to  the 
city  treasurer,  by  whom,  upon  the  cert  iticati-  of  the  board  of  public  im 
proveinent.<»,  it  sliall  in  turn  be  paid  to  the  parly  or  parties  to  whom  it  has 
boon  awarded  by  the  decision  of  the  board.     I  .M.  ('.,  sec.  21S4.) 

Sec.  2312.  >Iat«'rial  aiu!  iiiodc  of  roust  met  ion.  .NO  materials 
shall  1h^  used  in  cunstriictitig  sewei's  or  drains  to  be  comieiied  with  iniblic, 
district,  joint  district  or  private  sewers,  or  with  natural  water  courses,  or 
Ijiug  wholly  or  in  (part  on  a  public  street,  alley  or  highway,  except  siK'li  as 


1062  KKVISKl)  CODi:  111;  (;|:NI:1:AI,  ORDINAN'CKS.  I<"HAI'.    34. 

;n-('  ii]i])l'<)\C(l  In  llic  sewer  (■oiniiiissioiicr  nv  liis  duly  MiillHii'i/.cd  ;ii;ciil.s.  In 
(■(•unectiiig  a  jirivatc  sewer  or  (iraiii  with  a  public,  district,  joint  district  or 
another  privalc  sewer,  the  junction  jiieces  wliich  have  lieen  hnilt  into  the 
sewer  must  be  used  for  such  connection,  unless  a  si)ecial  ])eriMil  to  insert 
a  new  junction  lie  first  j;ranted  \t\  the  sewer  corninissioner.  Itnl  it  no  junc- 
tion pieces  have  liceii  set  in  luiildinj;  the  sewer,  a  conneciioii  siiall  lie  made 
liy  inserting;  into  the  sewei-  a  junction  jiiecc  of  the  si/.c  s|iecitied  in  tlie  per- 
mit, wiiich  junction  piece  sliall  lie  at  an  auf^le  with  the  .s(>wer  not  c.\ceedin<; 
forty-five  de<;i-ees  and  lie  cut  slant  in  the  process  of  manufacture,  and  not 
li.\  clipjiiuf''  afterwards.  In  conne<-Iin}i'  jiipe  with  pipe,  a  ■\'  junction  must 
he  used.  The  inside  of  ever\  sewer  or  dT-aiu  must,  after  it  is  laid,  be  left  per- 
fectly smootli  and  clean  ilirnujiliout  its  wJiole  len<;tli.  and  the  ends  of  all 
.■^ewers  and  drains  not  to  lie  immediately  us(m1  must  b(>  securely  closed 
against  the  entrance  of  <liri  or  earth,  b.\  a  stoji  of  water-t  ii;lit  and  iniperisli- 
able  mateiial.     (Ord.  ^IllitiS.  amendiii";  .M.  ('.,  sec.  l!lS.").i 

Sec.  23i;!.  Drains — lu>\v  «'«>iistrii«'te(l — vaults — traps — water 
rlosets — sinks — Ituil<lin<>s  ulu'rc  larjre  niinihers  ai-ooni- 
nioilated.  — If  shall  be  unlaw  liil  lieieafter  to  construct  oi-  extend  any  drain 
foi-  the  reception  of  sewei-aj^e  or  waste  water,  or  to  connect  the  same  with 
any  public,  disti'ict  oi-  joint  district  sewer  unless  the  said  drain  and  its 
connection  siiall  in  its  plan  and  construction  confoi-m  to  the  followinij  re- 
(piirements : 

First — All  pri\y  vaults  wliich  shall  hei-eafter  be  connected  wiih  the 
sewer  system  of  the  city  shall  be  so  constiucted  thai  the  bottom  and  sides 
will  be  imjiervious  to  watei-.  and  to  this  end  shall  be  built  of  hard  brick, 
with  full  joints.  Iai<l  in  hydraulic  cement  mortar,  composed  of  iwo  jiarts 
sand  to  one  part  cement,  and  shall  be  plastered  or  parjjetted  on  the  inside 
with  similar  mortar.  The  walls  shall  not  be  less  than  nine  inches  in  thick- 
ness. The  bottom  of  the  vault  shall  be  so  formed  as  to  thi-ow  all  matter 
cast  into  said  vault  to  the  sewer  o]ienin!i.  All  vaults  shall  be  so  located  that 
the  inside  of  the  same  shall  not  be  less  than  two  feet  from  the  line  of  any 
sti'eet,  alley  <ir  adjoining  lot.  Connections  from  tli(>  vault  to  the  sewer 
shall  be  made  with  \itritie(l  clay  or  iron  pipe  six  inches  in  diameter  juul  a 
trap  must  be  set  in  the  pipe  between  the  vault  and  thi'  main  sewei-,  which 
trap  shall  have  a  vertical  shaft  extending  to  the  surface  of  the  ground, 
where  it  shall  be  protected  by  a  graling.  I'rivy  vaults  shall  not  be  more  than 
eight  feet  deep,  measured  from  the  under  side  of  Hooring  of  privy  to  deepest 
jiart  of  the  vatilt.  unless  peiiiiission  for  a  greater  depth  is  s{ieciall.\  given 
liy  the  sewiM-  commissioner.  .\ny  semiilance  to  a  cesspool  or  receptacle  in 
which  tilth  is  to  accumulate  is  |iroliiliited. 

Second — If  the  drain  e.Kleiids  lo  llie  house  or  other  building,  (here  shall 
be  in  said  drain  a  trap  so  constructed  as  to  bar  the  passage  of  aii'  from  be- 
yond the  ti-a]i  into  the  house  li\-  any  obstacle  ('((ual  to  at  least  one  inch  in 
depth  of  water.  Between  said  trap  and  the  foot  of  the  soil  pijie  there  shall 
be  connected  with  the  said  drain,  an  inlet  pipe  for  lh(^  admi.ssion  of  fresh 
air,  and  the  soil  jiipe  within  the  house  shall  be  continued  above  the  i-oof 
and  lefl  ojieii  so  that  the  whole  drain  may  b(>  thoroughly  ami  constantly  \-en 
tilated. 

Third  -W'aler  (  losels  inside  of  buildings  shall  be  of  pallei-ns  approved 
by  Ihe  board  of  public  impi-ovements.  furnished  with  an  efticient  traji  jirop- 
<'rly  guarded  against  s\iihonage.  which  trap  shall  not  receive  the  disdiai-ge 
of  OI-  be  connected  with  any  other  li.\ture  than  the  one  water  closet.  The  soil 
liijie  shall  be  of  cast  iron,  cari-ied  to  and  througli  ihe  roof  of  the  building  un 
diminished  in  di.imeier  and  of  the  same  material.     .Miove  the  roof  galvanized 


i-IIAT.    31.1 


OF  SKWICRS. 


1063 


slu'ct  iron  |iii)i'  iii;i_\  In-  iisctl.  'I'lic- i-xicnsioii  of  llic  soil  |ii|M'  shall  he  i  aiTiril 
liijlli  ftioiij;li  lo  iircvciit  Ilic  ciitramc  of  aii-  from  il  into  ilic  windows  of  tin- 
liiiililin;;  lo  \sliirli  ii  is  allaclicil  or  of  aiijoiniii^'  Imililiii^'s  ami  shall  Im' 
miai-iicd  a<;aiiisl  down  drafis  when  llif  snri'oiinilinfis  arc  sut-h  as  to  crcalf 
I'ddifs.  Saff  drips  shall  m>l  he  conntTicd  with  llu'  soil  |>i|)t'.  I'an  i  Iosi'Ih 
shall  not  lir  nscd. 

I'oiirlh  All  sinks,  hasins  an<i  sialionarv  liilis  in  cvcrv  hold,  lod;,'iny;. 
li-iinni'iii.  lioai'diii};'lioiis(>  or  olhcr  dwcllinj;  sliall  he  (provided  with  pro]icr 
stt'iich  traps  dii-fctl.v  iindri'  cmh  siidx.  Iiasiii  or  stationarv  liili.  so  i-oiiiicclcd 
with  waste  oi'  soil  pipe  and  so  consl  riulcd  as  Ihe  sewer  commissioner  may 
ilircct.  All  such  Irajis  shall  lie  j;iiardcd  a-iainsl  svi)hona;;c  liv  a  vciil  jiipc 
of  siiitahle  size,  which  vent  pipe  shall  run  to  the  open  air.  or  inav  he  con- 
nected with  ihe  soil  pijie  ahoxc  the  connection  (d°  Ihe  hi>;hcsl  li.xinre  in  the 
house. 

Fifth  School  houses,  factories,  and  other  premises  where  more  than 
tifly  persons  use  conveniences  in  common  shall,  if  not  proviihMl  with  water 
closets,  lie  fnrnisheil  with  school  sinks  or  latrines  of  |ilaiis  approved  li.v  Ihe 
hoard  of  piililic  imiiroveinciits.     (Ord.  lilMidS,  ainendiii};  M.  <"..  sec.  "JlSli.  i 

otiifi-   \iiult    rt-tculatlons.   Sff   K.  *-'..   .h*h*.s.   riT.'t.   aTfi.   TiTT. 


Sec.  i,'314.      I{c'j>:iiliiti<nis  as  t«  sewer  eonnections,  ele.— elo.sets, 

etc. — ICverv  linildin;^  shall  have  a  separate  and  independent  sewer  connec- 
tion, mil  less  than  si.\  inches  in  diameter,  with  a  piililic,  district,  joint  (lis- 
Irict  or  private  sewei-,  when  such  sewer  is  accessihle;  if  such  .sewer  is  in- 
•■ii-cessihle.  then  the  drain  from  the  liuildinj;-  or  liuildinirs  shall  lie  |iro\ided 
with  a  cesspool  made  of  impei-vioiis  malei'ial.  of  a  caiiacity  and  Imill  in  a 
manner  a|ipro\c(l  h\    ihe  sii|ier\isor  of  plumlpinu. 

I>rain  and  .soil  pipes,  thron;;li  which  water  and  sewa<;e  is  used  or  car- 
ried, shall  lie  of  iron  when  within  a  Iniildinj;  and  for  a  distance  of  live  feel 
outside  of  the  foundation  walls  thereof,  and  where  any  sewer  pi]ie  jutsses 
within  Iweiily  live  fe<'t  of  any  well  or  cistern,  whether  such  well  or  ciKlern 
Ih-  on  the  lot  draini-fl  or  on  an  adjoining  lot.  such  pipe  shall  Im-  of  iron.  Iron 
soil  or  di-.iiii  pipe  shall  lie  sound,  free  from  holes  and  other  defects,  and  of 
unifonr  thickni'ss.  If  of  cast  iron  ihey  shall  not  lie  less  than  uneci^ihth  of 
an  in<h  fliick  for  a  diameter  of  four  inches  or  less,  of  live  thirty  seconds  of 
an  Inch  lor  a  diameter  inoi-e  than  four  and  less  than  six  inches,  with  a  pro 
porlioiiate  rate  of  increase  for  };iealer  diameters.  Insiile  of  lniildin;:s  they 
shall  not  he  i  overvd,  hut  shall  Im'  plaied  as  reipiired  l»y  Ihe  rules  and  ie};ula 
titiiis.  They  sliall  haxe  a  suilalile  tiaji.  with  an  acce.ssilile  ch>an-out.  placed 
either  inside  or  outside  the  foundation  walls  of  the  Imildinns.     They    shall 

have  an  air  \eni   pi| f  suilalile  si/e  and  jMisition.     .Ml  drain  or  soil   pipe 

>hall  lie  made  of  cui\fd  jiijic  at  cliaii;;es  of  direction,  and  shall  have  a  con 
linnous  fall  toward  the  drain  or  .sewer  of  not  less  than  one  fonrlh  of  an  inch 
to  the  foot,  unless  s|M-cial  permission  is  driven  for  a  lesH  ;;rade. 

Suhsoil  drains  shall  lie  provided  whenever  dampness  on  any  propo.sed 
site  for  a  dwelling  is  known  to  exist,  such  drains  shall  not  Ik-  dii-ectly  eon 
nected  with  sewfis.  Iiul  shall  discharjT  iul"  »  niaiduile  and  have  a  hack 
water  valve,  -loinis  iM-twceii  vitrilied  clay,  or  terra  cotla.  pipes  carryiii;: 
sewage  shall  U-  li;:ht.  made  with  inai  <cnipn<  freshly  mixed,  and  of  -.-ood 
>|uality.  and  all  such  pipes  must  lie  laid  true  li.  ^rade  and  line. 

They  shall  lie  lhoi<iu;:lil\  tested  iM-foic  a«ceptaiiii-.  and  facilities  for  in 
spection  must  Im-  furnished  as  rcipiired  liv  the  lioanl  of  pulilic  im|irovemeiits. 
■  loinis  ill  iron  pipe  shall  lie  run  with  soft   lead  and  lliorou;:hly   caulked  and 


1064  REVISED    CODE    OR   GENERAL   ORDINANCES.  [SEC.34. 

made  tight.  They  shall  be  tested  with  water,  air  or  smoke  before  anv  pipe 
or  pipes  are  in  any  manner  covered  or  concealed.  Rainwater  leaders,  when 
connected  with  soil  or  drain  pipes  shall  be  suitably  tra])ped.  Chimney  flues 
shall  not  be  used  as  ventilators.  Connections  between  iron  and  lead  pipe 
shall  be  made  with  brass  ferrules,  properly  soldered  and  caulked  to  the  iron. 
Drip  or  overflow  pipes  from  safes  under  water  closets  and  other  fixtures,  or 
from  tanks  or  cisterns,  shall  be  run  to  some  place  in  open  sight,  and  in  no 
case  shall  any  such  jiipe  be  connected  directly  with  a  drain,  waste  or  soil 
jiipe.  AA'aste  pipes  from  refrigerators  or  other  recej)tacles  in  which  i)rovi 
sions  are  stored  shall  not  be  connected  with  drain,  soil  or  other  waste  })ipe 
unless  such  waste  pipes  are  furnished  with  traps  suitably  ventilated,  and  in 
every  case  there  shall  be  an  open  tray  between  the  trap  and  refrigerator. 

Every  water  closet,  or  line  of  water  closets  on  the  same  floor,  shall  be 
supjilied  from  a  tank  or  cistern  when  found  necessary  and  so  ordered  by  the 
supervisor  of  plumbing,  and  the  flushing  pipe  from  such  tank  shall  not  be 
less  than  one-fourth  inch  in  diameter;  such  tanks  or  cisterns  shall  not  be 
used  for  any  other  purpose.  T\'ater  closets  shall  not  be  so  inclosed  as  to 
render  access  for  inspection  or  cleaning-inconvenient.  A  grease  trap  shall 
be  constructed  under  the  sink  of  evei-y  hotel,  eating  bouse,  restaurant  or 
other  public  cooking  establishment.  (Ord.  2()ti(j8,  amending  M.  C,  sec.  2187.) 

See  also  as  to  sewer  connections,  sees.  145,  898.   1798. 

Sec.  2315.  Commissioner's  right  of  eutrj — or«ler  altera- 
tions—owner to  conform The  sewer  commissioner  or  his  duly  author- 
ized agent  shall  have  the  right  to  enter  upon  the  premises  drained  by  any 
drain,  constructed  hereafter  and  connected  with  any  jiublic.  district  or 
joint  district  sewer,  at  all  reasonable  hours,  to  ascertain  whether  the  i)ro- 
visions  of  this  chai)ter,  or  any  ordinance  in  regard  to  drains,  have  been 
complied  with,  and  if  he  shall  find  that  said  Grains  or  its  attachments  do  not 
conform  to  the  provisions  of  the  law  in  regard  thereto,  he  shall  notify  the 
owner  of  said  premises  or  his  agent  of  this  fact.  It  shall  thereupon  be  the 
duty  of  said  owner  or  his  agent  to  cause  said  drain  or  its  attachments  to  be 
so  altered,  repaired  or  reconstructed  as  to  make  them  conform  to  the  re- 
quirements of  law  in  regard  thereto,  within  fifteen  days  fr<un  the  time  of 
receiving  such  notice.     (Ord.  20Cr>S.  amending  51.  C,  sec.  2188.) 

Sec.    2316.     Mode    of    connecting    ^vith   steam    or     exhaust 

pipes,  etc. — No  connection  shall  be  made  through  which  the  exhaust 
steam  from  any  steam  engine  or  heating  plant  can  be  discharged  into  the 
sewers.  exce{)t  through  a  condensing  tank  of  construction  and  dimensions 
a[)proved  by  the  board  of  jiublic  im])rovements  in  each  case;  and  connec- 
tions from  steam  boilers,  tanks  or  other  vessels,  which  contain  hot  water 
or  other  li(|uids,  gases  or  vapors,  shall  be  made  through  receiving  tanks  of 
consti'uction  and  dimensions  approved  l)y  said  board.     (M.  C.  sec.  2189.) 

See.    2317.     When     specifications     of     plumbing     may     be 

varied. — The  specifications  of  jilumbing  contained  in  ihe  preceding  sec- 
tions shall  be  varied  from  only  when,  in  the  opinion  of  the  board  of  public 
impiovements,  better  work  can  be  obtained  thereby.     (M.  C..  sec  21!l().i 

Sec.  2318.  Obstructing  sewers  forbidden.—  No  person  shall 
deposit  01'  throw  into  any  sewer  or  sewer  inlet,  or  into  any  [)rivate  drain 
connecting  with  a  i)ublic,  district  or  joint  district  sewer,  any  straw,  hay, 
shavings,  tinners'  scraps,  waste,  produce  or  material  of  manufacture,  ma- 
nure, rags  or  garbage,  or  any  substance  which  may  cause  the  sewer  or  sewer 
inlet  to  choke  >ip.  or  which   ma.\-  cause  a  nuis.'ince:  nor  shall  any  dam  or 


SEC.  34.1  OF  SEWKRS.  JOgf, 

oilier  olistnirtioii  be  placfd  ill  iiiiv  sewer  unless  pei-iiiissioti  so  to  ilo  is  ex- 
pressly jir:iiiteil  h\  ilie  sewer  eominissiouer.  lOrtl.  i;(Ki()8.  aineiuliug  M.  C, 
see.  L'i'Jl.  ) 

Sec  also  Rev.  Code.  sec.   Gil.  as  to  obstruct InK  sewers. 

See.  J.'iU).  KstahlisliiiKMits  «lisrliai'j;iiiji:  ni:i1t<M-  liki'ly  to  ob- 
struct sowers— lu)w  «M>iiiHT(i'«l  -\>Im'ii  pi  oliihiU'd. — No  pack 
iiiji  house.  siau;;liler  house,  lard  reiulriiii;;  esialilisliiueiii,  dairv.  steam  en- 
gine, steam  boiler  or  aiiv  estalilisliiiient  li,\  wliieli.  in  the  ojiiiiioii  of  the  hoard 
of  piihlie  improvements,  an.vthiii;;  wnuid  he  diseliarp-d  into  the  sewers 
leiidinj;  lo  ohsiruet  or  injure  the  same  or  lo  eause  a  niiisanee,  shall  be  con- 
neeted  with  anv  puhlie,  distfiet  or  joint  district  sewer,  except  through  one 
or  more  interveniiif;  catch  basins  as  may  be  jirescribeil  by  siiid  board,  and 
in  ca.se  the  matter  discliar};ed  by  any  establishment  cannot,  in  the  oi>inion 
of  said  l)oard.  be  rendered  harmless  to  the  sewer  or  to  the  public  liealth.  they 
shall  be  excluded  from  Ihe  sewer  entirely.      (//>..  ameiidiiiir  M.  (',..  sec.  L'l!)2.) 

Sec.  '2:V20.  Violations  of  iM"t'«"('«liiij;  st'<*(ions— -proi-iMliire — 
iuis<i<>in(>anor.  —  In  case  any  establishment  shall  (Jischarj;e  into  any  pub- 
lic, districl.  joint  district  or  private  sewer  in  violation  of  the  provisions  of 
the  precediiif,'  sections,  the  sewer  commissioner  shall,  whenever  ordered  by 
the  board  of  |iublic  im|irovemenls,  notify  the  owner  or  occupant  of  such  es- 
tablislimeiil  to  cease  from  such  violation.  Jind  if  catch  basins  jire  needed,  to 
build  such  catch  basins  accordiii};  to  ])lans  apju-oved  by  said  board  within 
tliirly  (hiys  from  the  (hite  of  said  notice.  If,  at  the  expiration  of  said  notice-. 
the  order  so  piven  .shall  not  have  been  compliiHl  with,  the  person,  lirm  or 
cor|H)ration  controlling  tlie  establishment  shall  be  deemed  f^uilly  of  a  mis- 
demeanor and  Ik'  ]>rosocuted  therefor,     (lb.,  amendiiij;  .M.  (J.,  sec.  LMIK!.  | 

See.  2.S21.     When   obstnictions    removed    at    eost    of   owner. 

—  If  the  drainafie  disiliarf,'ed  I'idiu  any  <laii'\,  slau^'liter  limise  or  chemical 
works  or  manufacturing  establishment  shall  pro<liice  or  form  a  deposit 
obstriictine;  a  sewer,  or  if  ashes,  manure,  or  any  other  sul)stance  thrown 
into  any  sewer  or  sew(»r  inlet  shall  choke  or  obstruct  the  same,  the  sewer 
coniinisaioner  shall  immediately  remove  tlie  obstruction,  keeping;  an  account 
of  the  cost  of  such  removal,  and  shall  certify  an  account  of  such  cost  to  the 
person  or  persons  from  whose  establishment  or  premises  the  material  caus- 
ing: or  formin;;  the  obslrm-lion  came,  and  if  such  person  or  ]iersons  shall 
fail,  ne^rlect  or  refuse  to  |>ay  saiil  sum  into  the  cily  treasury  within  five 
days  after  demand  has  been  marie,  he  or  they  shall  be  deemed  tcuilty  of  a 
misili'iiieanor.  and  ui)on  conviction  ther(>of.  shall  be  fined  in  a  sum  double 
the  amount  so  due  and  owinjr.  and  the  payment  of  the  line  and  costs  shall 
oi)erate  as  a  diachargo  in  full  of  said  demand.     ^.M.  ('..  see.  21i(4.) 

See.  2-322.  Penalty. — .\ny  person  who  shall  viidate  aii\  of  the  pro- 
visions of  this  chapter  shall  be  deemed  pii'ltv  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  lined  not  less  than  ten  nor  more  than  two  hun- 
dred dollars.  If  a  tine  is  inqiosed  upon  :i  bonded  drainlayer  or  plumber,  as 
herein  jirovided,  no  permit  for  work  under  Ihe  control  of  the  board  of  pub- 
lic improvements  shall  Im>  issued  to  such  drainlayer  or  plumber  until  said 
fine  shall  have  been  pai<l.     i  M.  C,  bcc.  219;").* 


lOtiij  i;I';visf;i>  codu  or;  gknerai.  ordinancrs.  ichap.  33. 

CHAPTbR  35. 

i)i-  sti;am  roii.i'.ks  axd   klkvatoks.' 

Sec.  232.').  Insjioctor  of  boilers  and  elevator.s — appointment 
and  qualifirations.  -The  mavor  sliall  aiijioint.  by  and  witli  tlic  consent 
<it'  the  council,  an  insjiector  of  lioilers  and  elevatois,  who  shall  lie  a  ])ractical 
mechanical  eni::ineei-.  and  conijietenr  to  test  and  ins]iect  steam  lioilers  and 
elevators  and  all  steam  <,'eneralinj;-  aiipai-alns  nndci-  |iressnre.  (M.  C.  sec. 
21!)ti.) 

Sec.  2324.  Seven  deputy  inspectors  to  he  ai>pointed — quali- 
fications.— Said  inspector  ot  boilers  and  elevators  is  authorized  to  em- 
jiloy,  by  and  with  the  consent  of  the  mayor,  seven  dejiuty  inspectors,  who 
shall  ])ossess  the  same  qualifications  as  the  inspector  of  boilers  and  eleva- 
tors, and  jierforni  the  same  duties.     ( Ord.  214!(T.  aniendiiif;  M.  <'..  sec.  2197.) 

Sec.  2325.     Clerk  and  assistant  clerk  to  be  appointed— bond. 

■ — He  shall  also  appoint  a  clerk  and  an  assistant  clerk,  and  who  shall  receive 
the  same  salary  as  the  clerk,  and  who  sliall  jjive  bond  to  the  same  amount  as 
now  re(|uired  of  the  clerk.     (Ord.  214!I7.  amendinji  ^1.  ('..  sec.  21!)S.) 

Sec.  232(i.  Tenure  of  office.  -The  iiispe<ior  of  boilers  and  eleva- 
tors, his  dejiuties  and  clerk,  shall  hold  their  offices  for  a  term  of  four  years. 
and  until  their  successors  are  apjiointed  and  (|nalitied.     (  M.  (\.  sec.  2199.) 

See.  2327.  Assistant  lioiler  inspectors. — The  inspector  of  boilers 
and  elevatoi-s.  in  .iddition  to  seven  deputies  aliove  mentioned,  sliall  employ, 
with  the  advice  and  consent  of  the  mayor,  upon  the  wi-itten  ajijilication  of 
the  jiresident  of  any  steam  boiler  insjiection  and  insurance  company,  duly 
authorized  by  the  insurance  laws  of  the  Slate  of  Missouii  to  transact  busi- 
ness as  an  insiii-aiice  and  inspection  company'  in  the  Stale  of  Missouri.  011c 
or  more  assistant  boiler  inspectors  (for  every  such  coinpany  makinj;  appli- 
cation therefor  I,  who  shall  inspect  and  test  the  boilers  insured  by  the  coni- 
]iaTiy  employinjj  him,  and  no  others.  The  said  assistant  boiler  inspector 
shall  serve  without  comjiensation  from  tiie  city,  and  hold  his  office  until 
removed  by  llu>  mayor,  at  the  retpiest  of  the  company  he  may  represent, 
when  said  request  is  indorsed  by  the  inspector  of  boilers  and  ehnators,  or  he 
may  lie  removed  foi-  cause  by  the  inspectoi'  of  boileis  and  elevatoi-s,  to  be 
lirst  approved  by  (he  mayor.     (M.  ('..  sec.  2200.) 

Sec.  232S.  Itoard  of  enjfineers  constituted. — The  mayor  shall 
also  a]ii)oint,  li\  and  with  the  consent  of  the  council,  two  ]iersons,  one  of 
whom  sliall  be  a  practical  and  mechanical  engineer,  and  one  shall  be  a  manu- 
facturer of  engines  and  steam  machinery;  both  shall  ha\e  at  least  live  years" 
(  xiierience  in  the  business,  who,  in  connection  with  the  inspector  of  boilers 
and  elf,vators.  shall  constitute  a  board  of  enjiineers.     1  M.  ("..  sec.  2201.) 


•Cliarti  r.  .\rt.  HI.  sec.  26,  clause  7.  The  oriiinance  provision.s  of  this  chapter 
are  valiil:  .St.  Loui,"!  vs.  Lamp  Co..  139  Mo.  560.  .Vmongst  other  tilings  the  court 
observe.s:  "We  take  judicial  notice  of  the  dangers  incidi-nt  to  the  operation  of 
steam  engines  and  boilers  when  in  inexperienced  and  unlicensed  h.inds,  and  Iiave 
no  doubt  a.s  to  tlie  power  of  the  city  to  take  such  measures  as  luive  been  taken 
to  provide  i)\-  ordinance  for  the  public  safety.  Sucii  ordinant^es  as  the  aforesaid 
merely  prescribe  rrjrulaliims  for  the  orderly  conduct  ot  a  very  neeessarj'  and  if 
neglected,  a    very   dangerous  business   in    tlie   large   centers  of   p<»pulation." 


MAP.    3."..!  UK    STi:.\.\l    lii  )|I.Kl;S    AM'    lU.IIV  ATi  )KS  lOf," 


IIIU- 


Sec.  2:>2!i.  Duties  <»!'  iiis|»«-«-(«H°  ol  IxiiltTs  aiitl  cU'v  ;i(ors. 
'I'll!'  iiis|:ri-(<>i'  (il  liDJIci's  :ui(l  clcviitol's  sliall  ilcvol*-  (lie  n\  Imli-  of  his  lii 
:iiul  attciilioii  to  tlu>  dulics  of  liis  ol'tii'c.  and  also  |)ci-rt>i'iii  (lie  (Uitics  ol' 
st'civtary  ol"  llic  lioard  of  iMijiiiUHTs.  lit-  sliall  faiH'fnIlv  iiispt'cl  and  Icsi 
fvcrv  slalionar.v  lioilcr  and  stcaniitciicratinf;  ajipaiMlns  uiidci-  pi-cssni-c  used 
lor  slalionai-v  ixiwcr,  as  provided  hv  lUis  rliapl<T.  includiiif;  all  aUarhiiicnts 
and  roniifi'tions.  loialt'd  witliin  tln'  cilv.  at  leas!  once  anniiallv.  lie  sliall 
keep  in  lli<-  oflin-  of  the  lioard  of  iMii^inoM's  a  roin|il)>ti-  and  aciiirali'  I'crord 
of  the  names  of  all  owners  or  nsers  of  sleam  lioilei's.  ;;ivini;  a  full  desci-ipl  ion 
of  the  lioilers  insperled  It.v  him.  and  Ihe  aiiioiini  of  pressure  allowed  and  the 
date  when  hisl  tested.  lie  shall  notify  all  owners  or  nsers  of  Imilei's  of  the 
linie  when  a  reinspecMon  and  lesi  will  lie  made,  at  least  icn  days  liefore  the 
expiration  of  each  eeriificale  ol'  iiis]ieelioii,  and  appoint  a  ilay  on  uIm(  li  he 
will  make  a   reiiis|  eil  ion.      iM.  t '..  see.  "JlMli;.  i 

Sec.  2.S30.  AlaiiniM*  «»f  ins|u'cti(iii — tHTlinrate. — The  m.uimr  of 
inspection  shall  he  snlisialially  as  follows:  The  ow  iwrs  of  sleam  lioilers 
ami  nsers  shall  ha\c  the  option  of  takinj;  the  hammer  test  or  the  h.\(li-o- 
slatie  test;  al.so  of  electinj;  wliellier  the  inspector  of  lioilers  and  elevatois 
or  Olio  of  the  assistant  insjK'«-tors.  mentionecl  in  this  chajilei-  and  ein]il()yed 
and  paid  hv  the  inspection  and  insnrance  companies,  shall  inak(?  sncli  test. 
If  the  hammer  test  In-  ask<'d  for.  the  examination  shall  lie  lhoi(>ii>;h  and 
searching;  npon  every  part  of  Ihe  lioiler,  lioth  inleiiially  and  externally,  in 
clndinn  all  liltinjis  and  altachmenls.  If  the  hydioslat  ic  lest  he  asked  ftir, 
each  hoilei-  shall  lie  tested  liy  the  hydranlic  pressnre  one  foiirlh  jiieater  than 
the  ordinary  working;  steam  pressnie  used,  and  Ihe  cerlilicate  of  inspection 
herein  ]iro\iiie(|  shall  state  the  maximum  pressure  at  which  an\'  hoili'r  nniy 
Im-  workeil.  Ill  rase  a  def(Ht  shall  he  discovered  in  any  lioiU-r  or  attachment 
thereto,  the  inspector  of  hoileis  ami  elevaltirs  shall  rejiort  the  same  to  Ihe 
owner  or  user  of  said  hoih-r  or  lioilers.  and  slate  the  facts  of  Ihe  case  in 
wi-itinj:.  ,i;i\in;.'  a  description  of  the  ]iarticnlar  locality  in  which  each  defect 
i[\:\\  he  found,  ,'ind  whether  of  a  daiifierons  character  and  necessilat  in:;  im- 
mediate repair.  If  the  insjiector  of  hoileis  and  elevators  shall  at  any  lime 
liiid  a  lioiler  which,  in  his  jndjiineni,  is  iiii.safe.  afler  inspeclin;;  same,  he 
shall  eoiulemn  its  fnrlher  u.se.  .Ml  hoileis  to  he  tested  liy  the  hydrostatic 
pressure  shall  lie  tilled  with  water  hy  Ihe  owners  or  nsers.  and  Ihey  shall 
furnish  the  necessary  labor  reipiin'd  to  work  and  handle  Ihe  pumps  in  ap- 
plying; the  lest.  When  leaks  occur  which  prevent  a  snccessfnl  lest,  the  in- 
s|M'ctor  tif  lioilers  and  ele\alors  shall  make  a  second  test,  upon  r<'ceivin}i 
notice  that  ;ill  leaks  have  lieeii  repaired.  If.  n|ion  makilif:  a  second  lesl.  Ihe 
lioiler  oi-  lioilers  are  still  defective,  he  shall,  lor  each  snlisefpieni  test,  collect 
an  additional  inspection  Uf.  Imt  in  no  i-ase  shall  he  ;;ive  a  certilicale  until 
fully  .satistied  of  the  safety  of  Ihe  lioiler  or  boilers.  .\ll  certiticales  of  in 
sped  ion  shall  he  for  oiw  year  and  no  lon^ei-.  .\iiy  owner  or  user  of  an\ 
boiler  or  boilei-s  insured  by  any  steam  boiler  inspe<'iioii  and  insurance  com 
pany  duly  aulhori/ed  to  iransaci  business  in  Ihe  Slale  of  Missouri,  shall. 
ii[)on  his  reipiesl.  have  tin-  hydroslalii-  test  applied  once  :innuall.\.  wilhonl 
extra  charj:e,  by  ihe  assistant  boiler  inspector  of  snih  com|iaiiy.  as  pifivided 
ill  this  chapter,      i  .M.  ('..  si-r.  -J-Jti:!.  i 

Sei".    2;}:{1.      l..4M-ation  :iihI    riiriiisliiii<;:    of  «»fli<H>. — The    in.><peet4>r 

of  boilers  and  ele\aiois  and   Imard  of  cM;;ii is  shall   b<-  |iro\ided   with  an 

office  ill  the  city  hall,  suitably  furnished,  including,'  all   needed  blanks,  sla 
lionery.   and    the    mechanical    appliances    iiei'dfiil    for    their   ofllcial    duties. 
\I     I'.,  sec.  ■_-Jtl».i 


lOCy  REVISED  CODE  OK  GENERAL  ORDINANCES.  ICHAP.   35 

Sec.  2332.  Seasions  of  board — sliall  have  power  to  grant 
licenses  to  enori»ePi*-<.  whieh  may  be  revoked.— Said  board  shall 
liro\  ide  for  icfiulai-  se.s.sioiis.  and  the  iiisjiector  of  boilers  and  elevators  shall, 
act  as  secretary,  and  keej)  niinntes  of  the  jtroceedinjis.  Said  lK)ard  shall 
convene  for  business  once  in  each  week  to  examine  into  the  qualifications  of 
applicants  for  engineers'  licenses.  A  majority  of  the  members  of  said  board 
shall  constitute  a  quorum  for  the  transaction  of  business.  The  secretary 
shall  keep  a  register  of  the  names  of  all  ajiplicants,  designating  those  found 
qualified  and  those  not  cpialified.  Said  board  shall  grant  certificates  of  li- 
cense, for  one  year  from  date  thei-eof,  to  all  ap])licants  who.  u]>on  examina- 
tion, shall  have  the  capacity,  skill,  exjuM-ience  and  habits  of  sobriety  requi- 
site to  perform  the  duties  of  an  engineer,  and  no  person  possessing  such 
qualifications  shall  l>e  refused  a  license.  Each  applicant  for  a  license  shall, 
at  the  time  of  filing  his  application,  pay  to  the  inspector  of  boilers  and  ele- 
vators a  fee  of  two  dollars  for  each  examination,  and  all  money  so  received 
by  the  inspector  of  boilers  and  elev;)tors  shall  be  paid  into  the  city  treasury, 
as  pn)vided  by  section  twenty-three  hundred  and  thirty -six,  but  no  charge 
shall  be  made  for  renewals.  All  certificates  of  licenses  granted  shall  be 
signed  by  not  less  than  two,  and  may  be  signed  by  all  the  meiniiers  of  the 
board.  The  board  of  engineers  may  adopt  such  rules  and  regulations  as 
they  shall  deem  proper,  not  inconsistent  with  this  chapter  and  the  general 
law.  A  full  board  of  engineers,  by  an  unanimous  vote,  shall  have  the  power 
to  revoke  an  engineer's  license  for  inebriety,  dishonesty  or  neglect  of  his 
duties,  when  in  charge  of  an  engine  or  boiler  in  use,  and  may  order  the  re- 
inspection  of  any  boiler  whenever  they  shall  deem  it  necessary  for  the  pub- 
lic safety;  but  no  license  shall  be  permanently  revoked  for  cause  without 
first  giving  the  accused  party  an  o]q)ortunity  to  be  heard  in  his  own  de- 
fense,    (M.  C  sec.  220.5.) 

Section    sustained    against    various    contentions    of    invalidity;       St.    Louis    vs. 
Lamp   Mfg-.   Co.,    139   Mo.    .'i60. 

Sec.  2333.  Appeals  to  board  of  eng^ineers. — Any  owner  or 
user  of  a  steam  boiler  or  elevator,  feeling  aggrieved  on  account  of  any  de- 
cision of  the  Inspector  of  Boilers  and  Elevators,  may  ajipeal  to  the  board  of 
engineers,  and  upon  a  thorough  and  careful  investigation  of  the  matter  at 
issue  between  the  jiarties,  a  majority  of  the  board  shall  decide  the  question, 
which  decision  shall  be  final  in  all  cases;  but  the  Inspector  of  Boilers  and 
Elevators  shall  not  have  a  vote  in  any  matter  in  which  there  is  an  appeal 
from  liis  decision.      (M,  ('..  sec.  22(Mi. ) 

See.  2334.  AVhen  unlieensed  persons  may  be  emi)loyed — vio- 
lation misdemeanor — certificate  displayed. — The  owners  or  users 
of  steam  boilers  or  engines  of  a  capacity  of  not  over  seventy-five  square  feet 
of  heating  surface,  and  jiressure  of  not  over  twenty-five  pounds  of  steam  to 
the  square  inch  used  for  power  only,  and  all  boilers  under  a  pressure  of 
fifteen  jwunds  to  the  square  inch  used  for  heating  purposes  only,  shall  ap- 
f)ly  for  a  permit  to  employ  a  comjietent,  careful  and  trustworthy  ])eison, 
instead  of  a  licensed  engineer,  such  person  to  be  recommended  by  two  citi- 
zens, one  of  whom  shall  be  a  steam  user  or  a  licensed  engineer,  and  if  found 
i-ompetent  by  the  Inspector  of  Boilers  and  Elevators,  said  permit  shall  be 
granted.  The  Inspector  of  Boilers  and  Elevators  shall  have  the  jiower  to 
revoke  such  permit  for  cause.  In  case  the  owner  or  user  of  any  l)oiler  shall 
for  cause  be  deprived  of  the  services  of  a  licensed  engineer,  he  may  put  a 
trustworthy  person  in  charge  for  a  time  not  exceeding  twenty-four  hours, 
unless  a  special  permit  is  obtained  from  the  Inspector  of  Boilers  and  Ele- 
vators, extending  the  time,  which  in  no  case  shall  exceed  thice  days.    At  all 


CIIAI'    35.1  OF  STEAM    BOILKRS    AM"    KLIOV ATOHS.  1069 

timt's  when  Imilcis  arc  in  use  and  cn^iin's  I'un,  llid'c  shall  lie  in  charge  an 
cnjiinct'i-  liavin^i  a  ci-rl  iliralc  ol'  license  Ironi  the  hnai-il  of  en;;ineers,  which 
ferlilicale  of  license  shall  lie  displa.ved  in  snme  jininiinenl  |)lace  where  the 
boilers  or  engines  are  in  use.  and  any  owner  oi"  user  as  aroresai<l.  wlio  sliall 
ne^lecl  or  refuse  to  employ  a  licensed  en};ineer  as  herein  provided,  or  any 
uiilicenstnl  person  round  in  char-^e  of  boilers  or  en};ines  reipiirinf;  a  licensed 
enj;in(H'r  as  above  ])roviiied.  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  shall  |iay  a  tine  of  not  less  than  twenty-live  nor  more  than  one 
liniidred  (Inji.ii's.  Any  eiijiineer  liavin^j  a  certilicate  of  license  from  the 
board  of  eiijiineers.  who  shall  nej;lecl  or  refuse  to  comjily  with  the  ])rovi- 
8ions  of  this  section,  shall  be  <leemed  fiuilly  of  a  niisdemeanoi'.  and  upon 
conviction  thereof,  be  fined  not  less  than  ten  nor  mure  limn  twenty  live  dol- 
lars.     (Ord.  L'llSL'.  ameiulin-:  .M.  ('..  .see.  2207.1 

Soe   l.'SS   .Mil.    1.   r.    r>69. 

See.    J.;.)."!.     Inspection    of    boiN'i'.s — violation     niis«U'nieanor 

—  regulations — pt'iialtios. — All  owners  or  users  <,{'  any  siaiiunai\  boil- 
er or  boiler.s,  or  steani-jjeneratin^  apjiaratus  under  pressure  shall  have  the 
same  inspected  and  tested  as  herein  provided,  before  and  wliile  beinjij  use<I, 
and  at  least  once  a  year  thereafter;  and  for  every  nejilect  or  reftisal  to  have 
such  ins|iection  and  test  they  shall  be  deeemd  iruilly  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  i)e  tined  in  a  sum  of  not  less  than  twenty-live 
nor  more  than  two  hundred  dollars.  On  the  written  ajiplication  of  any 
owner  or  user  of  a  steam  boiler  or  boilers,  or  steam-^eneratinj;  ajiparatus. 
duly  countersigned  by  the  assistant  boiler  inspector  of  any  steam  boiler 
ins|ection  and  insurance  comjiany,  wliich  is  atitliorized  to  transact  busi 
ness  as  herein  jirovided.  il  shall  be  the  duty  of  the  inspector  of  boilers  aii<i 
elevators,  ujion  the  receipt  of  such  apj)lication.  to  direct  the  assistant  boiler- 
inspector  who  countersigned  tlie  application  to  inspect  the  boiler  or  boilers 
of  any  such  owner  or  user  making  such  application,  by  the  hammer  li-st ; 
and  tlie  assistant  boiler  insjx'ctor.  who  shall  make  the  inspection  and  no 
other,  shall,  after  performing  the  duty,  report  in  writing  upon  the  .same  to 
the  insjiector  of  boilers  and  elevators,  who  shall  thereupon  give  tlie  said 
owner  or  user  a  written  coi)y  of  the  report  of  such  assistant  boiler  inspector 
and  a  certilicate  of  insjiection  ujiou  payment  of  the  fees  required  by  this 
ehajiter;  and  the  said  insi»'ction  and  certilicate  shall  be  valid  and  acce])ted 
as  in  full  compliance  with  the  provisions  of  this  chapter.  In  addition  to  the 
above,  each  steam  boiler  inspection  and  insurance  company  doing  business 
nmler  the  provisions  of  this  chapter,  shall  make  semi  annual  report  to  the 
Inspector  of  lloilers  and  lllevators  of  all  lioilers  inspecte(i  by  the  resjieclive 
comjianies  on  the  lirst  day  of  .lanuary  and  .liily  of  each  year,  on  blanks  to 
be  furnished  by  the  Insjiector  of  lioilers  and  lOlevators,  and  such  blanks 
shall  contain  the  same  requirements  as  those  used  by  the  deputy  inspiMtors. 
If  owners  or  u.sers  of  steam  boilers,  or  engineers  in  charge  of  llie  s.'ime.  shall 
carry  a  greater  pressure  than  is  allowed  in  the  I'eriilicate  of  inspection 
granted  by  the  lns|M'ctor  of  Moilers  and  lOlevators.  they,  oi'  eittier  of  them, 
shall  Ih>  <leenied  guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall 
be  lined  in  a  stim  not  less  than  lifty  dollars  nor  more  than  three  hundred 
dollars,  and  in  case  of  an  engineer,  his  license  shall  be  revoked;  or  if  st«-h 
owners  or  ii.s<^rs  shall  u.se  any  boiler  which  has  U-en  condemned  as  unsafe 
liy  the  Inspector  of  lioilers  and  lOlevators.  they  shall  lie  deemed  guilty  of 
a  misdemeanor,  and  on  conviction  thereof,  shall  lie  lini'd  in  a  sum  not  less 
than  one  hundred  dollars  nor  more  than  live  hundred  ibdlars.  i  M.  ('.,  sec. 
2208.  ^ 


1070  i:kviskii  I'linh:  iiii  i; immoral  oRinNANCES.  ichap.  3:1. 

Set".  2336.     Insix'ctlon — blanks,  fees   and  returns Tin-   ivtris- 

t(M-  .shall  issue  to  tlic  ciiiDplrolIci-  (•ci-lificates  of  iiis])eftioii  lor  steam  Ijoilcis 
i-('j;ulari.v  iiniiilK'icd  and  duly  sij;iu'(l  h\  each  of  said  ofticeis  in  denoniiiia 
lions  projier  to  meet  the  i-e(j\iirements  of  this  chaptei-,  hut  lilank  as  to  the 
ownei's'  or  users'  names,  date,  lucssure,  localily  and  numher  of  Ihe  hollers. 
The  eom](trollei-  shall  issue  such  eerlitic-ates  of  inspeetion  to  the  Insju'clor 
of  Hollers  and  Klevatoi's,  and  charjjc  llieni  (o  him;  the  Insjieitor  of  Moilers 
and  Elevators  shall  collect  from  all  owners  or  users  the  f()llo\vin<i-  inspection 
fees,  and  no  more:  For  every  holier  five  dollars,  whether  set  sinjily  oi-  in 
sets;  where  sets  of  lioilers  are  built  one  aliove  another  only  iliose  inime 
<liately  over  the  firebed  shall  be  coimted.  The  Insjteclor  ol  Itoilers  and 
Elevators,  u])on  the  receipt  of  Ihe  money  for  inspection  fees,  shall  i(rom])lly 
deliver  to  every  owner  or  user  of  any  boiler,  certiticates  of  insjieclion  of  I  lie 
boilers  inspected  by  him  or  by  his  assistant;  every  such  cerliticate  of  in 
spection  shall  be  ])roj)erly  tilled  uji  as  liei-ein  provided,  and  signed  by  said 
boiler  inspector;  said  certificate  of  ins|jection  shall  be  displaye(1  in  sonic 
prominent  place  near  where  the  boileis  are  used.  The  Inspectoi-  of  IJoileis 
and  lOlevatois  shall  make  weekly  retui-ns  to  the  city  comi)troller  of  all 
moneys  collected,  jrivinj;  the  names  of  the  steam  users  and  candidates  foi- 
e.xaniimitioii  fj-om  whom  collected,  and  shall  ]iay  the  money  collccl(>(l  inio 
Ihe  I'ity  treasury  at  least  twice  in  each  \\-eek.     t  M.  ('.,  sec.  L'L'tHt.) 

See.  2337.  Semi-annual  report  to  comptroller. — The  inspector 
of  boilers  and  elevators  shall  Tiiake  a  semi  annual  report  to  the  coiii]itroller. 
rejiortinj;  the  full  number  of  boilers  in  the  city,  the  number  in  use,  the 
number  inspected  and  the  number  condiMuned  as  unsafe.  He  shall  repoii 
the  date,  name  of  the  owner  and  the  locality  of  every  boiler  accident, 
whether  it  be  from  a  ruptuir  or  collajise  of  flue  or  explosion  of  the  shell 
of  a  boiler,  statinj;  his  belief  as  to  the  cause  thereof.  lie  shall  further  re- 
jiort  the  numbei-  and  the  names  of  appli<ants  for  eniiineers"  licenses,  the 
number  rejected  and  the  numbei-  };ranted  certiticates  and  amount  received 
as  fees  for  examinations.  Such  repoi-ts  shall  be  siijned  by  the  full  boai-d 
of  enjiineers  and  ojien  to  the  ins]iection  of  all  jiersons  iiit(>rested.  (M.  (".. 
.sc<-.  L'l'K).  I 

Sec.  2338.  Salary  and  bond  of  inspector.  —The  inspector  of 
boilers  and  elevators  shall  receive  a  Salary  of  eif^hteen  hundred  dollars  per 
annum,  which  shall  be  in  full  for  all  services  rendered  by  him.  He  shall 
ijive  bond  to  the  City  of  St.  Louis  in  the  jienal  sum  of  ten  thousand  dollars, 
with  two  or  more  sui-eties.  to  be  apiii-oved  by  the  mayor  and  coun<-il,  con 
ditioned  for  the  faithful,  skillful  and  imjiartial  performance  of  the  duties  of 
his  office,  and  that  he  will  fully  account  f(H-  and  pa\  into  the  city  ti-easnry 
all  moneys  received  by  him  as  herein  provided.     i.M.  < '..  sec.  2211.1 

Sec.    23:>!t.      Bonds  of  «Ieput.v  inspc<*tors. — The  de])Ut.\    inspectoi-s 
appointed   under   this  clmpiei-  shall    ;;i\c  a    bond   in    the   (leual    sum   of   live 
thousand  dollai's.  with  the  s.nme  conditions  as  reipiired  n\'  ilic  iiis|)eclor  of 
boilers  and   elevators,  and   stibjccl    In   llic  aiiiiroxal   (if   llic   iiia\<ir  .iiid   conn 
cil,      I  M.   ('..   sec.   2212.1 

Sec.    2.'>4(t.     l>oiuls    of    assistant     insp<'ctors.    The   assistant    in- 

spcciors  apjioinled  nndei-  this  cha])ter  shall  each  nive  bond  to  the  city  in 
the  penal  sum  of  five  thousand  dollars,  to  Ix'  approved  by  the  mayor  and 
council,  conditioned  as  the  bond  re(|uii-ed  of  the  inspector  of  boilers  and 
elevators,   and    fmllier   to   s;ive   the   cit\'   bai-mless   bv   i-(>ason    of   anv   neglect 


ciiAi'.  3r..|  OK  STi':.\M   r.(iii,i:Ks  ani>  i-;i,k\atous.  1(I71 

iir  rcrnsal  Ik  raillirnllv  |i('it"(iiiii  ilic  si'\ci;il  iliilics  i<'(|iiirc(l  1)\  iliis  i  h;i|ii<T. 
1  M.  r..  see.  •2-2\:i.) 

S. c.  L'.'UI  Drpul.v  inspectors  («»  <l(>v4»t<'  <'iifir«'  linu'— sal- 
iirU'S. —  The  (li-|nil\  iiis|iiMl(irs  sIkiII  ilcxolc  llicir  riiliic  lime  in  llic  iliuii-s 
(if  llifir  titlicc.  iiikI  In-  imid  luf  llicii-  sci'viccs  ilic  smii  ol  iwclvc  Iniiulrrd 
dollars  each  |ici-  aniniiii.     (  M.  ('.,  sec.  L'l'lJ.l 

Sic.  'J.'Ml'.  HoiuI  aixl  salary  of  <'h'rk — insp(>c(or  rcsponsihh' 
for  «*k'rk.  Tlic  iiis]M'il(>r  ol  luuli'is  and  dcxalors  shall  he  rcspoiisildc 
lor  Ilic  acis  of  said  cU'i-k,  and  shall  rciiiiirc  him  to  iiivc  liond.  Said  clci-k 
shall  rc(ri\('  a  salary  of  nvclvc  Imiidn-d  dollars  per  aitiiniii.  jiayaidc 
uioiiilily.      I  M.  < '..  sec.  I'l'l.").  I 

Sec.    2Hi3.     Uoiitl  aiul  reMiipciisatioii  ol  iii<'iiili«>rs  «»l'  board.   - 

TIk'  mciiilici's  of  Ihc  hoard  of  ciijiiriccrs.  cxct'iil  ihc  ius|icctoi-  of  lioilcrs  and 
elevators,  shall  eacii  receive  lonr  dollars  for  eacli  session  at  which  llie.v  are 
pi'eseiit  ;  provi(h'd.  said  lioai'd  sliall  not  hold  to  exceed  one  session  per  week. 
Tliey  siiall  eacii  fiive  houil  in  like  manner  as  tiie  inspector  of  hoiicrs  and 
elevators,  witli  the  same  ioi:ditions,  and  in  tiie  penal  sum  of  tiv(!  hundred 
ilollars.  said  lioiid  to  l)o  a]i](roved  hy  the  mayor  and  conii<il.  i  M.  ('.,  sec 
:.':.' Hi.  I 

See.  2344.  Salaries  paiil  oiil  «»!'  what  luiul.  The  salaries  of 
the  ottieers  lieirin  created  shall  be  paid  otit  of  the  aiipropriation  for  board 
of  engineers  and  inspecloi-  of  boilei-s  ancl  elevatoi's.      (  .M.  ('.,  sec.  2217.  t 

S<  c   2'1\'>.     (jiialiricatioiisor  iiumi liters  <»!'  board  and  <lepnt\  in- 

speetor.s.  The  IkmiiI  of  (■ii,:;iiiccis  ami  (li'pnl\  ins|ic<i(iis  ap|Miiiiicil  nii 
der  this  ciiapter  shall  each  pos.sess  ilic  i|iialitical  ions  prescribed  in  section 
ten,  article  four  of  the  Charter.      i.M.  (!..  .sec.  221S.  i 

See.  234H.     >lis<*<Muln«*(  of  insp<M'tor,  (*<<•.,  when  niisdtMncanor. 

— If  the  inspector  of  iioileis  and  ele\alois.  his  dc]>uly  or  assjslaiils,  shall 
nofjlect  or  fail  to  discharf;e  liis  or  tlieir  (hities  l)y  reason  of  ineltriety  oi- 
by  ne;;leclin^  to  perform  the  duties  of  ins|i<>ctor,  or  lo  ]ia\  over  moneys 
received  for  inspection  and  examination  as  provided  in  ilils  chapter,  or  in 
any  manner  use  llieii-  jiosition  for  coT-rnpl  or  dishonest  ]iiirposes,  lie  or  they 
sliall  be  deemed  };nilt\  of  a  misdemeaiior.  and  on  conviction  thereof,  be 
lined  in  a  sum  of  not  e.xceedin;;  one  Imnclrcij  ilollars.  and  forfeit  his  or  their 
otfiie.     I  M.  ('..  sei'.  22I!>.  I 

Sec.     2U7.      What     exempt     from      eliaptiT.     Tlie  enj;ineers,   en 
;;ines  and  boilers  of  the  (ire  de|parlmeni.  and  Ihc  locomotive  lioilcrs  used  on 
railroads,  and  steam  boilers  supplied  with  ualer  aniomal  ically  and  having' 
no  pump  or  injector,  and  nse<l  only  for  heal  in;;  dwelling  houses,  not  carrx- 
in^   under   pressure  over  ei;;ht    |ionnds   of  steam    per   sipiare    inch,   are  e.\ 
emjil   from  the  provisions  of  this  chajiter.      iM.  <"..  sec.  222n.  i 

Sec.   2.US.      .\pplieali4»n    and    examination    of    li«-ense. — I'very 

applicant  for  license  who  fails  to  pass  the  cvamiiiat  ion  of  the  board,  is  re- 
i|uired  to  wail  four  wei'ks  U-fore  apain  making  a|>plication  for  license,  ami 
the  board  shall  ^ive  him  another  examination.  l''\ery  applicant  for  licen.s<> 
must  make  application  for  a  license  on  a  blank  furnished  by  the  inspector 
of  boilers  and   ele»'itors   for   that    pnrpo.se.      .\p|ilic;iiits   must    have  at    least 


1072  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.   35. 

two  yeiii's'  pxperieuce  al  iMccliaiiiial  or  steam  engineering,  and  must  write 
and  state  iiis  exjH'i'ieme  on  said  blank.  He  shall  go  before  the  inspector  of 
boilers  and  <'le\ators  and  make  oath  that  the  statements  set  forth  in  such 
blank  are  Irne  fads,     i  M.  ('.,  sec.  2l'i!1.i 

See.  2849.     Licensed  engineers  ninst  {five  notice  of  changes 

of  employment. — Every  engineer  licensed  by  the  board  is  ie(iuired  to 
notify  the  inspector  of  boilers  and  elevators  when  he  accepts  or  leaves  his 
emi)loynient.  and  within  twenty-four  hours  thereafter  the  name  of  his  em- 
])loyer  and  the  location  of  the  boilers  in  his  charge.  Any  engineer  wlio 
fails  to  give  such  notice  iiia\-  lia\e  his  license  revoked  bv  the  board.      (M.  <\, 


Sec.   '.iS'O.     Ai)pli<'ation   for  renewal   of    revoked    license.  — 

A]4)lication  for  rcucwal  of  such  license  shall  lie  maiiC  not  later  than  the 
third  meeting  of  the  board  next  following  the  expiration  of  the  license,  and 
unless  the  .ibove  provision  is  complied  with,  the  board  may.  at  its  dis- 
cretion, order  a  new  examination.     (M.  C.,  sec.  2223.) 

Sec.  2351.  Boiler  insi>ector's  certificate  to  be  posted — pen- 
alty.— Any  steam  user  failing  to  place  or  put  in  a  conspicuous  place  in 
the  engine-room  or  boiler-house,  the  boiler  inspector's  certificate,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall  be  fined 
not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars.  Upon 
any  owner  or  user  of  a  boiler  refusing  to  i)ay  for  said  certificate,  or  to  ob- 
tain a  certificate  of  insjiection  as  jn'ovided  for  in  section  2336,  it  .shall  then 
become  the  duty  of  the  inspector  of  boilens  and  elevators  to  at  once  draw 
the  fire  under  the  said  boiler,  and  not  permit  its  further  use  until  the  said 
lertificate  is  duly  paid  foi-,  as  re(]uired  in  saitl  section,  i  Ord.  214SO.  amend- 
ing M.  C,  sec.  2224. ) 

Sec.  2352.  Licensed  engineer  to  make  semi-annual  report 
— failure — i>enalty. — Any  engineer  licensed  by  the  board  shall,  within 
the  first  ten  days  of  January  and  July,  each  make  a  written  report  to  the 
inspector  of  boilers  and  elevators  of  the  condition  of  all  boilers  and  appa. 
ratus  in  his  charge,  and  if  he  neglects  or  fails  to  comply  with  this  section 
or  if  intoxicated  while  in  the  discharge  of  his  duty,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall,  besides  the  fines 
otherwise  provided  for,  forfeit  his  license.     ( M.  C.  sec.  2225.) 

Sec.  2353  Expenditures — how  paid. — All  the  expenditures 
for  horses,  horse  feed,  harness,  wagons,  pnmi)S,  hose  and  other  projier  ex- 
penses and  necessary  ai)]iar.itus  for  the  insjiection  of  boilei's,  shall  be 
charged  and  jiaid  as  exjietises  for  the  office  of  the  board  of  engineers  and 
insi)ector  of  boilers  and  elevators,  and  all  bills  before  being  jtaid,  shall  be 
audited  and  ajiproved  by  the  comjitroller.     (M.  ('..  sec.  2220.) 

Sec.  2354.  Duties  of  owners  and  users  of  boilers. — Be- 
fore any  owner,  owners  or  usei's  of  steam  boiler  oi'  hoilei's  shall  have  said 
boiler  or  boilers  j)laced  in  jiosition.  he  or  they  shall  notify  the  insjiector 
of  boilers  and  elevators,  who  shall  examine  the  same,  and  satisfy  himself 
th.at  the  construction,  material,  bracing  and  all  other  parts  of  the  boiler 
or  boilers  are  sudi  as  to  assure  the  safety  of  the  same.  It  shall  also  be 
the  duty  of  any  owner  or  user  of  any  steam  boiler  that  requires  repairs 
to  notify  the  insiieitor  of  boilers  and  elevators,  who  shall  satisfy  himself 


CHAP    35  I  OF  STEAM    BOILERS   AND    ELEVATOHS  1073 

that  the  repairs  inaiU»  will  assure  the  safety  of  said  boiler  or  hoilers.  Any 
violation  of  the  provisions  of  this  section  shall  l»e  consideretl  a  misde- 
meanor, punishable  by  a  fine  uf  imi  less  ih:m  ten  nor  iimri'  iIkiii  twenty- 
five  dollars.     (M.  «'.,  see.  2'2'2~.\ 

See.  2-J.">5.  IJoiltT.s  (o  ha\i'  pliijjs — i-«';;iil;iti«)iis.  ,VII  boilers 
shall  have  inserted  in  tlieni  phifis  of  brass,  tilled  with  banca  tin,  as  follows: 
All  cylinder  boilers  with  tines  shall  have  one  pluj;  inserted  in  one  flue 
of  e^ieh  tM>iler;  and  also  one  jdii;;  in  th(>  shell  of  eaeh  boiler,  a.s  follows: 
.Ml  phii;s  in  shells  shall  have  an  extei-nal  dianiett'r  of  not  less  (lian  that  of 
one-inch  ^as-pipe  screw  ta[»,  and  an  iiitei-nal  opeiiinjj  not  less  than  one  half 
inch  in  smallest  oiiening.  all  phijis  to  be  inserted  in  shell  from  inside,  on 
8(!eond  shwt  from  forward  end,  one  inch  above  Hues;  all  iilufjs  to  be  in- 
serted in  tines  not  more  than  three  feet  from  after  end;  all  I)lug8  to  be  in- 
8«!rled  in  lines  to  have  an  external  diameter  of  that  of  a  three-fourth  <;as- 
pi|)e  screw  tap.  and  an  internal  o[(enin^  of  one  half  inch  except  Hues  or 
tubes  of  six  inches  or  less,  when  pluirs  may  be  \ised  with  an  external  diam- 
eter of  that  of  threeeij;hth  {jas-pipe  screw  tap,  with  an  internal  opening 
of  one-fourth  of  an  inch.  The  inspector  of  boilers  and  elevators  shall  have 
power  to  have  one  l»lug  jilaeed  in  each  boiler  not  jirovided  for  in  this  sec- 
tion, as  he  may  deem  necessary  for  the  safety  of  lives  and  proj)erty,  and  it 
sli;ill  Im'  the  duty  of  the  insjicctor  to  see  that  such  plujrs  are  IiIIimI  willi 
banca  tin  at  each  insjiectioii.     (  M.  C,  sec.  222S.  1 

Sec.  2:W(>.  Inspoctiun  uf  olevator.s — all  elevators  to  be 
re;j:nlarl\  inspeeteil. — It  shall  be  the  duty  of  the  inspector  of  boilers  and 
elevators  [o  regularly  inspect  all  elevators  used  for  thie  purpose  of  carry- 
ing either  passengers  or  freight;  to  see  that  the  same  are  in  perfect  work- 
ing order,  and  that  all  the  ]iarts  are  in  good  condition  and  repair.  And 
for  this  purjiose  he  shall  have  the  right  to  enter  the  premises  where  any 
such  elevator  may  be  in  use.  The  result  of  such  inspection  shall  be  prop 
erly  recorded  in  books  kept  for  that  purpose  in  the  office  of  the  inspector 
of  boilers  and  elevators,  from  which  place  all  notices,  certificates,  etc.,  shall 
b.'  i.^sn.Ml.     (M.  C,  sec.  2221).) 

See.  2.'}.'>7.  Elevators — duties  of  owner. — It  shall  be  the  duty 
of  every  person  operating  or  using  any  pas.>jenger  or  freight  t-levator  in  any 
building  within  the  limits  of  the  city  to  cause  the  same  to  he  inspected 
and  examined  by  the  inspector  of  boilers  and  elevators  at  least  once  in 
tlirec  months  (excepting  elevators  operated  exclusively  by  hand,  which 
shall  be  iiis(iecte<l  at  least  once  every  six  months),  and  every  such  [lerson 
shall  apjiiy  to  and  procure  from  the  inspector  of  boilers  and  elevators,  with- 
in five  days  after  such  ins|iection.  a  certitieate  to  the  elfect  that  said  ele- 
vator is  in  a  safe  and  sound  condition,  and  said  cj-rtificate  shall  be  kept  in 
public  view  by  having  the  same  posted  as  near  as  possible  to  the  entrance 
of  the  elevator  car.     (  M.  <'.,  sec.  22:^0.) 

Sec.  2.35S.     No    inspeetion    of   <lunil»-\vaiters,    ete.,    required. 

— J*\)r  dnnib-waifei-s.  or  any  other  lifts  or  hoists  operated  by 
hand,  not  exceeding  a  cajiacity  of  Ihrei'  hundred  pounds,  no  ins]HMtion  is 
neces.sary.     (M.  ('..  sec.  22:!1.) 

See.    23.')0.     Fees     to     he     p.iiil     into    iil.\     treasury. — The    in- 

.<<poctor  of  boilers  and  eie\;itors  shall  charge  a  fee  of  one  dollar  for  each 
certificate  so  issued,  and  all  moneys  receiveii  by  him  shall  be  paid  into  the 
city  treasury,  as  provided  by  this  chapter.     iM.  C.  sec.  22.32.) 


X§74  RKVlSFa^  OOnK  ok  CKXKRAI.  ORMNAXOKS.  (CHAP.  j:v 

Se<"- 2360.  Elevators  not  to  lu'  oporatod  without  wrlifi- 
cate. —  It  shall  be  unlawful  to  run  or  operate  any  ele\"ator  within  th** 
lity  without  first  having  obtained  a  cerrificsite  from  the  ins)>tx-tor  of  boil 
ers  and  ele>-ators  as  prvs!«,'ribe»^i  in  the  pnH^niins:  -seetion,  and  any  user  of 
an  ele\"^itor  who  fails  or  refuses  to  obtain  said  oertittrate  shall  be  dtxnntnl 
Jiuilty  of  a  niisileine;tnor,  and  tijH>n  ixmvii-tion  then^of,  Iv  tintNl  not  less 
than  ten  dollars  nor  more  than  one  hnndrvnl  dollars,  and  for  each  day  such 
violation  shall  t\>ntinue.  after  notiiv  has  been  jriATc>n  by  the  ins^xn-tor  ot 
boiler*  and  elevators.  t>r  dnrinj:  which  the  jH»rst>n  or  j»>rs«»ns  so  notifie*! 
shall  i>«:lect  or  refuse  to  cxmiply  with  the  }»t\nisions  of  this  chapter,  theri- 


Sec.  2361.  l>efeots— hmv  rtMinHlied. — Should  any  defects  b«' 
found  to  exist  in  any  ^virt  or  parts  of  any  jvassenger  elevator  which  would 
tend  to  imjxiir  the  safety,  or  endanger  life  by  ixmtinutHl  usi>  of  such  ele- 
vator, the  ins^ieettu-  of  boilers  and  ele\-ators  shall  cause  a  written  notice  to 
be  served  u}xin  the  visers  of  said  ele>^tor,  which  noii^v  may  ivntain  a  state- 
n>ent  of  repairs  noivssary  to  be  made,  and  said  elevator  shall  not  asjain  N- 
us^  until  a  certifii-ate  in  writins:  shall  K^  issue*!  by  the  insjxHtor  of  K^ilers 
and  ele\"ators  that  it  has  been  put  in  a  s;^fe  runninjr  oriler,  and  is  fit  for 
use.     (M.  C,  see.  ±:34.> 

See.  236:?.  "Notice  t»t  t-haiijres  to  be  i;i\  en. — The  inspector 
of  boilers  and  ele>-ators  shall  l«e  notiiied  of  any  chan::^>s  to  bi^  made  by 
owners  or  users  of  elevators.     ^M.  0„  stv.  ±2Ci.\> 

Sec  2363.  Biiiliiers  of  boilers  or  elevators  to  iiotif> 
insi>eetor     ami     submit     plans — to    be    appro\etl — eertifieate. 

— Hereafter  any  manufacturer  or  builder  of  boilers,  ujmii  nnviviuj;  a  iHin- 
tract  to  tx^nstruct  a  Kuler  to  W  installed  within  the  limits  of  the  City  of 
St.  Louis,  shall  notify  the  insjieitor  of  Inulers  and  elevators  of  the  fact, 
and  submit  to  him  plans  and  sixvitic;nions  of  stnue.  All  plates  or  sheets 
used  in  the  ^instruction  of  any  N">iler  which  is  to  be  install«»»l  in  any  build- 
ini:  within  the  City  of  St.  Lotiis  shall  l»e  car»>fully  insjHH-teil,  as  well  as  the 
workmanship  of  said  lH>iler.  by  the  insinntor  of  boilers  and  elcx^ttors,  and 
the  s;ime  iMudemneti  if  not  in  i^unpliamv  with  the  requinnl  standartl. 
Uereafter  any  manufacnirer  or  buildt»r  of  elex-ators,  ujhui  n^vivinj:  a  ixu\ 
tract  to  e^nect  or  constrtict  an  elevator  within  the  limits  of  the  City  of  St. 
Iwouis.  shall  notify  the  insj^ctor  of  Inulers  and  elexittors  of  the  fact,  and 
tile  a  copy  of  the  plans  and  s^xxitirtttions  of  sjiid  ele\"ator  then>with  for  his 
appro\-al,  showinsj  the  siie  and  construction  of  the  shwnes  drvim,  r«>ix>s  or 
cables,  and  all  automatic  de\-itvs  thertxm,  to,aether  with  the  dear-amv  at  toi> 
and  bottom  of  the  shaft,  and  the  automatic  bH-kinsi  devitx>s  on  the  d»x>rs  or 
gates  to  the  shaft.  Before  .s;tid  tx^iler  or  elevator  is  put  in  oi««'nuion,  a  cer- 
tificate shall  be  olttained  as  pivvidtxl  for  in  section  2361.  ((>nl.  21481, 
amending  M.  C  sec.  22.'^(»,) 

See.  2364.     Competent  operatives  to  be   empU>>ed.— The  usi>rs 

of  all  power  ele\-:ttors  shall  employ  a  com}X'ient  ix^rs*>n  to  ojH'rate  and  run 
the  s;tme.  who  shall  ha\-e  a  projx^r  knowlcilge  of  all  the  |»;irts  of  the  ma 
chinery  for  the  working  of  the  elevator  of  which  he  may  have  charge,  and 
who  shall  not  l>e  less  than  sixteen  years  of  agi\  and  of  industrious  and 
sober  habits.  Whenever  it  shall  IxxHMue  evident  to  the  insjx><tor  of  Ix^ilers 
and  elev:ttors  that  any  i^rson  employetl  in  the  above  i-aj«city  is  iuiMmix- 
tent  or  untrustworthv,  he  shall  notify  the  ns^rs  of  said  elevator,  who  shall 


cMAi".  SCI  siiMM.Y  i>i:i'ai;t.mi:nm'  IOTA 

at  once  rcplaiT  the  iiniiiii|ici<'iil  ('iiniliivc  wiili  a  <|ualiric(l  u|M>ralor.     |M.  ('., 
sec.  l.'l';!7. 1 

Si'c.  236."!.  I*«'iialt.v.  Aii.v  violalinns  ol  ilic  iiiovisiniis  nf  lliis  rhaii- 
tor,  for  wliirli  a  jitMialiv  is  in>t  jirfividctl.  shall  Ik-  (IcciiumI  a  iiiisdcincaiioi-. 
iind  Ilic  |M'i-s(iii,  jicrsoiis.  ('i>])ai-tii('rslii|i  (ir  corporation  nuill.v  tlun-oof  sliaii. 
oil  conviction  tiici-col'.  lie  lined  in  a  snin  not  lews  tlian  ten  nor  more  than  one 
liiiiiilred  dollai's,  liefcvi-e  the  ronri  m-  ronfls  lia\in;r  coni|ii'ieM(  jnfisdictioii. 
I  M.  •"..  sec.  L':.':!S.  1 


C:HAPThR  M^. 
si'Pi'i.Y  i«ki\\ht.mi;nt.' 

Sec.    L':!6<i.     Otlicr   of    foiiiiiiissioiMT    of    supplies    «T«'ati*(l. — 

There  is  hefeli.v  ci-eated  and  eslalilished  the  ollice  of  coiiiniissionef  of  suji 
plies,  whicli  olfice  shall  lie  coiidiicled  1(\  the  olficer  known  as  the  coininis- 
sioiicr  of  snpplics.  to  lie  app<iinle<l  as  pro\'ided  in  s<>clioii  two  of  article  foiii' 
of  the  ("hailer.      i.M.  ('..  sec.  L"_':t!t.  I 

Sec.  2:>i<7.  (jiiiilific:i(l(His  4if  <MMiiinissioii4>r.  In  addition  fo  the 
(Hialiticat  ions  |irescrilicil  in  section  ten  of  ariiile  lour  of  the  ("liarler,  the 
conilnissionef  of  sup|p|ies  shall  have  lieen  a  resident  of  llie  <ily  at  least 
three  veai-s  next  jirei-edini;  his  apjioinlinent.     (.M.  ( "..  sec.  L'LMIt.  I 

Sec.  23f)S.  Salary  of  <'Oiiiniissi<>iu>r.  The  conmiissionei-  of  snp- 
plics shall  feceive  a  salai'v  of  ilucc  ilicmsaiid  li\c  hiindfed  dollais  per  year, 
pavatilc  liiniitliiv.      I.M.  I'.,  sec.  L'L'-ll.l 

See.  236!l.  Hoiul  of  coiMiiiissioiiwr. — The  coiuiiiis.sioner  of  sup- 
plies shall  <i\Yi-  a  liond  ol  tiflv  tlionsaixl  dollars,  with  not  less  than  three 
piod  .securities,  who  shall  he  holders  of  niiincnniliered  real  (>s(ale  within 
the  city,  saiil  liond  to  he  apjiroved  hy  the  mayor  and  council.  The  condi- 
tion of  said  liond  sliall  lie.  that  said  coniinissioner  shall  honestly  and  faith- 
fully execute  and  jierforni  the  duties  of  his  ott'ice  as  prescrihed  hy  law  and 
ordinances;  that  he  will  not  directly  or  indirectly  he  in  any  manner  inter- 
ested in  the  sale  of  any  article  to  the  city,  that  he  will  not,  directly  or  indi- 
i-ectly,  receive  any  lirihe,  jjift  or  cousidei-atioii  of  any  kind  froiii  any  jierson 
or  jiersons  who  have  lieen.  are  now.  m-  likely  to  lie  eiij;ap'd  thrnu'ih  the  de 
partinent  in  fnriiishin;;  anv  snppli<'s  or  sellinj;  any  ai'licle  to  the  city.  (M. 
<"..  sec.  •2-2rj.< 

Sec.  20711.  !>«■  ji  II  f  \ — «l  II  (  if  s — .s  a  I  a  r.v.  -The  couiiiiissioner  of 
supplies,  liy  and  w  ith  the  consent  and  approval  of  the  mayor,  shall  a|i|ioint  a 
deputy,  who  shall,  in  the  aliseiice  of  the  piiticipal,  )ierforiii  his  duties,  and 
shall  otherwise  ]ierform  such  iluties  as  his  |irinci|ial  shall  prescrilM-.  The 
salary  of  the  deputy  shall  lie  at  the  rate  of  tifte«'U  hniidi-ed  dollars  |>er  an- 
num, [layalile  nionthly.     (.M.  ('..  sec.  li"_'4.''«.  I 

See.  2.'{7I.     Sl<'no;;raplu'r— appoint iiM'iit —salary.      The  commis 
sinner  of  su]iplics.   hy   :iii<l    with    the  approMiJ    nl'   iln-    ni.nnr.   shall  appoint 

•I-'or  t'linrtir   in-ovlslun,  «fv  Art.    IV,  aii-.   jy.  Otiii  r  :)ii)\  i-ai'ii-'  alTiTlInu  tho  of- 
rU-c,  avf  Art.   iV.  upcs.  i.  9.  i'l .  Art.  XI,  »cc.  2. 


1076  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.  36. 

one  stenograplier.  who  shall  rcreive  a  salary  of  sevpnty-five  dollars  jkm' 
month,  payable  monthly  out  of  iiiiiniciiial  revenue.     (Ord.  20731.) 

See.   2372.     Other    employes—appointments — salaries. — The 

Commissioner  of  Supjdies  hy  and  with  the  a])|)roval  of  the  ]Mayor,  shall 
also  appoint  four  elerks,  who  shall  each  receive  a  salary  of  one  hundred 
dollars  per  month;  also,  one  bookkeeper,  who  shall  receive  a  salary  of  one 
hundred  dollars  per  month;  and  also  one  assistant  bookkeeper,  who  shall 
receive  a  salary  of  one  hundred  dollars  per  month;  all  of  the  said  salaries 
to  be  paid  monthly.     (Ord.  l.'14.")!t,  jiiiKMidinj!;  M.  ('..  sec.  2l.'44.  i 

Sec.  2373.  i*urchase  of  supplies  bj  commissioner — advertise- 
ments— tleposit  by  bidders— bids — contracts — approval  of  con- 
tracts— return  of  deposits. — The  Commissioner  of  Supplies  shall  pur- 
chase all  articles  needed  by  the  city  in  its  several  departments  in  such  man- 
ner and  under  such  regulations  as  may  be  provided  by  ordinance,  and,  as 
far  as  practicable,  by  advertisement  for  proposals  to  furnish  the  same.  Ad- 
vertisements for  such  projiosals  shall  state  fully  the  (juantity  and  quality 
of  all  articles  needed,  the  time  and  place  fixed  for  opening  proposals,  and 
tlie  Commissioner  may,  by  the  advertisement,  require  every  bidder  to  deposit 
with  the  Commissioner  a  check  certified  to  by  some  bank  or  trust  company 
in  the  City  of  St.  Louis,  ])ayable  to  the  order  of  the  Treasurer  of  the  City 
of  S(.  Louis,  for  such  amount  of  money  as  tlie  ("ommissioner  may  deem  suf- 
ficient to  secure  the  proper  execution  of  the  contract,  or  contract  and  bond 
for  furnishing  sujiplies  for  which  proposals  are  solicited,  or  to  secure  the 
furnishing  of  supplies  not  under  formal  contract  and  in  a  manner  satis- 
factory to  the  Commissioner.  The  Commissioner  shall  furnish  to  each  bid- 
der a  printed  blank  for  liis  proposal  whereon  the  bidder  shall  state  the  quan- 
tity, (piality  and  jirice  of  the  article  to  be  furnished,  and  in  S])ecifying  the 
quantity  and  quality  thereof,  he  shall  recite  the  requirements  of  the  advei'- 
tisement.  and  any  bidder  may  make  his  proposal  for  any  one  article  named 
in  the  advertisement.  All  proposals  shall  be  sealed,  and  opened  at  the  time 
and  place  fixed  by  the  advertisement,  in  the  presence  of  such  bidders  as  de- 
sire to  be  present,  and  shall  be  open  to  the  inspection  of  bidders.  The 
award  for  each  article  shall  in  all  cases  be  made  to  the  lowest  bidder  there- 
for, excei>t,  however,  that  any  bid  having  any  alterations  or  erasures  upon 
it  sliall  be  rejected,  and  further,  that  the  Commissioner  shall  have  the  right 
to  reject  any  and  all  bids.  Whenever  a  formally  executed  contract  for  the 
furnishing  of  supjilies  shall  be  required  by  law,  such  contract  shall  be  ap- 
proved by  the  Mayor  before  it  shall  become  binding  upon  the  city;  wlienever 
the  Commissioner  shall  purchase  any  supplies  without  advertisement  for 
proposals  therefor,  such  purchase  shall  be  approved  by  the  Comptroller  be- 
fore the  same  shall  become  binding  u})on  the  city.  When  the  contract,  or 
the  contract  and  bond,  for  furnishing  the  supj)lies  for  which  the  proposals 
were  solicited,  sliall  have  been  fully  executed  according  to  law,  or  when 
the  furnishing  of  supi)lies  shall  have  been  awarded,  the  Commissioner  shall 
return  to  every  unsuccessful  bidder  to  whom  the  contract  for  furnishing 
shall  have  been  awarded,  the  check  by  him  de])Osited  as  hereinbefore  ])ro- 
vided.  The  Commissionei'  shall,  upon  awarding  the  contract  for  fui'nishing 
supplies,  or  the  furnishing  of  supplies  not  under  formal  contract,  deliver 
the  certified  check  so  deposited  by  the  successful  bidder  to  whom  the  contract 
or  furnishing  shall  have  been  awarded,  to  the  City  Treasurer,  who  shall  re- 
ceive and  credit  the  amount  so  deposited  to  the  account  of  "Contracts  and 
Other  Deposits  Fund,"  and  shall  issue  (|uadru]>licate  r(>cei]its  therefor, 
specifying  the  date,  amount  of  money  i'ecei\(>d  and   from  whom,  upon  ac- 


CHAR    36.]  sri'l-I.V    I>i:i' \KTMENT.  1077 

i-iniiit  of  what  ]>ni]K)saI,  ami  llic  aiilhorilv  of  iliis  ai'ticlc,  oiii'  rccfMjit  to  Im> 
delivt'ivd  to  the  (Iciiusitor.  oiu'  lo  Itu-  ( "oiii|itrollcr,  one  to  llio  Auditor  and 
one  to  llic  CotiiiiiissioiKT  of  Su)i|ilii's.  cacli  coiidilioiii'd  that  if  Itic  liiddcr 
shall  fully  execute,  aeeordiu};  lo  law,  Ihe  contract,  of  the  contract  and  bond, 
re(|uisite  for  the  furnishing  of  the  su|)|)lies  awarded  to  him,  or,  when  su])- 
jjlie-s  are  to  be  furnished  not  undei-  tornial  contract,  shall  furnish  such  su])- 
jilies  and  in  a  niuniier  salisfactoi-v  lo  ihe  ( 'oniniissioiier.  then  the  Treasurer 
shall  rejiay  to  the  beairr  the  iunouiil  tlc|iosiled  u|n)n  Ihe  suricnder  of  the 
Treasurer  of  the  wai-rant  hereinafter  re(|iiiie(l  lo  lie  issueil  to  eveiy  success- 
ful hiildi-r.  W'lun  the  coiitruct.  or  contract  oi-[Hn(l]  bond.  re([>usite  for  furnish- 
in};  supplies  shall  have  been  fully  executed  accordiiif;  to  law,  or,  whoil  sup- 
plies to  bo  furnished  not  under  formal  eoiii  lad.  shall  Iiave  been  furnished 
and  to  the  satisfaction  of  the  Conimissioner.  I  lie  t  "(niiniissioner  shall  issue 
to  every  successful  bidder  aforesaid  who  shall  have  iiiade  Ihe  reipiired  de 
posit,  an  order  direclinj;  the  auditor  to  deliver  to  the  pai-l.\  named  in  Ihe 
Commissioner's  rcceijit  aforesaid  a  warrant  direct  inj;  Ihe  Treasurer  to  pay 
to  said  party  Ihe  amount  stated  in  said  ivccijit.  The  Auditor,  upon  surreii- 
*ler  to  him  of  the  aforesaid  order  of  the  Commissioner  shall  draw  a  warrant 
directiii};  tlie  City  Treasurer  to  pay  lo  the  order  (d'  Ihe  ])arty  named  in  llie 
CommissioiuM-'s  order  the  amount  therein  stated.  The  (Jity  Treasurer  shall. 
u]ioii  the  surrender  of  the  afoivsaid  wai-rant.  pay  to  Ihe  iH-arer  Ihei'cof  Ihe 
lUniMiiit  ihei'ein  stated,  if  a  bidder  shall  have  Ikh'U  awai-ded  a  contract  for 
furnishinj;  suj)|ilies  but  shall  fail  lo  execute  the  conti'act.  or  llie  contract 
and  bond,  accordin;;  to  law,  the  Treasurer  shall,  ujion  notification  from  the 
Commissioner  to  that  clfect,  retain  tlie  amount  deiiosited  by  such  bidder;  or. 
if  a  bidder  shall  have  been  awarded  the  furnishiuf;  of  su]i|»lies  not  nnd<'r  foi'- 
mal  contract,  but  shall  fail  to  fully  furnish  llie  same  acconliiij,'  to  Ihe  terms 
of  the  pro[)osal  and  bid  and  lo  Ihe  satisfaction  of  the  ( 'oiumissioner,  llie 
Treasurer  shall,  ujion  notiticalion  from  the  (Commissioner  lo  that  elTecl,  i-e 
tain  tlie  amount  dejiosited  by  such  bidder;  amounts  so  retained  shall  be 
covered  into  the  general  fund  of  the  Treasury.  (Ord.  22144.  amendinji  M. 
«'..  see'.  224.").) 

S>'i-   CliartiT.    .\rt.    IV.    sit.    i'J.      Sim-   also    Vrnlln    vs,    St.    I»iil.s.    i:U    Mo.    26.    181 
el  srg..  per  Shi-rwood.  J.,  disspntlni;. 

Sec.    L';{74.     To     contract     for     liu'l,     milk     and     ice^wlicn. 

--The  commissioner  of  supplies  shall  in  the  monlh  of  .lune  of  eadi  year 
adverti.se  for  proposals,  and  enter  into  contract  on  the  [)nrt  of  tlu'  city  for 
furnishinj;  for  the  period  of  one  yeai'  all  fuel  and  milk,  and  sliall  also  in 
the  month  of  December.  .lamiary  or  Kebriiai'v  of  each  year  advertise  for 
proposals,  and  cntei"  into  contract  on  the  part  of  the  city,  for  furnishinj; 
for  the  ]ii'rioii  of  one  year  all  ice  fliat  may  be  re(piired  for  the  use  of  the 
city  hospital,  insane  asylum.  i)0orhouse,  female  liosfiital,  worklionse,  jail, 
house  of  i-efufje,  city  hall,  oourtiu)use,  firc  enpine  houses  and  other  city  of 
ticea;  the  articles  to  be  delivered  as  required,  from  time  to  time,  at  the  dif 
ferent  institutions  and  de|iarlments  of  the  city,  and  he  sh;ill  reipiire  a  .uuod 
and  suflicieiit  bond  for  the  faithful  performance  of  said  contracts,  which 
shall  lie  approved  by  the  mayor.     (  .M.  ('..  sec.  22-l<i.  i 

Sec.  J.'!;.").  To<'onlra<(  tor  I'ood  :in<l  rc<|nlr(>nicnts  of  institu- 
tions—  contract  rc(i!ii>i(«'s.  The  cominissiuner  of  supplies  sh.ill  in 
Ihe  month  of  .June  of  each  year,  and  every  month  thereafter,  advertise  for 
proposals,  and  enter  into  contract  on  the  part  of  the  city,  for  furnishing  for 
the  jHTiod  of  thre<*  months  all  meat,  butter,  lard,  tisii,  eggs,  |)oultry,  bread, 
gasoline,  (lour,  corn  meal.  Iiay.  corn.  oats,  and  ground  feed  reipiired  for  the 
iKse  of  the  lieallh  department,  workhouse,  house  of  refuge.  j;iil.  tire  depart 


1078  iiE\'isi-:D  CODK  or:  gjcnhkal  of;I)IN.\nces.  [CHAp.  35. 

ment  and  all  other  departments;  the  articles  to  be  delivered  as  required, 
Crom  time  to  time,  at  the  different  institutions  and  departments  of  the  city; 
he  shall  require  a  good  and  sufficient  bond  for  the  faithful  i)erforniance  of 
said  contracts,  subject  to  the  approval  of  the  mayor.     (M.  C.  .sec.  2247.) 

Sec.  2376.  Piircliases  of  perishable  articles.— All  jierLshable  ar- 
ticles, such  as  fruit  and  vegetables,  that  may  be  required  for  the  use  of  the 
hospital,  insane  asylum,  jjoorhouse  and  workhouse,  and  house  of  refuge, 
shall  be  purchased  by  the  commissioner  of  sup])lies,  at  the  best  possible 
i-ates.  on  the  requisition  signed  by  the  proper  officer  in  charge  of  the  above 
named  city  departments;  all  of  which  purchases  shall  be  a[»proved  by  the 
comptroller  before  they  shall  be  binding  on  the  city.     (M.  ('.,  sec.  224S.) 

Sec.  2377.  I'ropo.sals,  to  be  advertiMe<l  for. — Whenever  any 
institution  or  deparlment  of  the  city,  through  the  officer  in  charge  thereof, 
shall  make  a  recjuisition  on  the  commissioner  of  supi)lies  for  any  articles 
for  which  there  shall  be  no  contract  as  provided  for  in  sections  2374,  2375 
and  2378,  and  when  (he  amount  to  be  jiurcliascd  shall  exceed  the  sum  of  one 
hundred  dollars  U>v  any  one  ai-ticie,  and  when  the  delivery  of  same  is  not 
to  be  continuous,  tiie  commissioner  of  sup])lies  shall  advertise  for  proposals 
for  the  furnishing  of  such  articles,  and  the  av\ard  on  said  ])ro|>osals  shall 
be  approved  by  the  comptroller,  the  same  as  is  provided  for  in  section  23S2; 
l)rovided,  that  when  any  article  or  articles  shall  be  juirchased  by  the  com- 
missioner as  provided  for  above,  and  the  delivery  of  the  same  is  to  be  com- 
pleted after  thirty  days,  he  shall  enter  into  contract  for  same,  as  is  pro- 
vided for  in  section  23S3.     (JI.  (;.,  sec.  2240.) 

Sec.  2378.  (iroeeries  ami  tli'ugrs— propo.sals  for. — In  the  months 
of  Janimry,  Aj)ri!,  July  and  October  the  commissioner  of  suiiplies  shall  give 
linblic  notice  in  the  newspapers  doing  the  city  printing,  that  on  the  tifth 
day  from  the  date  of  the  notice,  he  will  receive  projjosals  for  furnishing  the 
city  hospital,  female  hospital,  insane  asylum,  smallpox  hospital,  poorhouse, 
workhouse,  hou.><e  of  refuge  and  jail,  with  such  groceries  and  drugs,  not 
otherwise  contracted  for,  as  may  be  needed  for  the  use  of  said  institutions 
during  the  next  three  mouths;  aad  iof  the  information  of  bidders,  he  shall 
have  prepared  printed  lists  of  the  articles,  and  quantity  recpiired  for  each 
institution.  Tlu'  nMjuisition  for  groceries  and  drugs  for  each  institution 
shall  each  be  separate.     (M.  C.  sec.  2250.) 

Sec.   2379.     To   purchase   fire   engines   and     apparatus. — The 

romiaissioner  of  su])plies  shall  purchase  the  engines  and  other  a])pai'atus 
for  the  suppression  or  extinguishment  of  tire  and  the  proteelion  of  life  and 
property  that  may  be  needed  by  the  fire  department,  when  the  ])urchase  of 
such  articles  is  recommended  l)y  the  chief  of  fire  department  and  apiiroved 
by  the  mayor;  ])rovided,  however,  that  the  municipal  assembly  shall  have 
by  ordinance  i):'ovided  for  and  ajjpropriated  th«!  funds  to  meet  said  pur- 
chase.    (M.  O..  .sec.  22.11.) 

Sec.  2380.     To    |mrchase    horses,    mules,    wajfous,    etc The 

1  oinmissioner  of  supplies  shall  purchase  all  horses,  mules,  wagons,  carts, 
ambulances  and  buggies  that  amy  be  ne<'ded  for  the  several  institutions 
HI-  departments  of  tlie  city;  provided,  that  before  making  said  purchases, 
(he  r(>quisi(i()ns  for  same  shall  be  signed  by  (he  orticer  in  charge  of  the  de- 
partment where  such  articles  are  needed,  and  approved  by  (he  mayor.  (M. 
(\,  sec.  2252.) 


I'llAP.    3.-,.]  SflTI.Y    1>K1'.VRTMKNT.  1079 

Sii'.  2.'!S1.  To  4>\:iiiiin4>  iir(i«-I«'s  piir<-li:is(Ml,  «>(<•.— iiM>mo- 
randiiin  coiUTi-iiiii-;:  samr,  etc.  li  shall  Ik-  ihc  duly  of  ihc  loimiiis 
sidiici-  (if  sti|i|>lics  to  pcrsdiially  fxainiiie  (he  articles  tliai  have  been  pur- 
chased by  liiiii.  and  delivered  to  the  several  instihitioiiK  or  dejiartineiits  of 
the  city,  and  see  if  tlie  said  articles  are  of  the  standard  kind  and  i|nalily 
as  re(|nired  by  the  lerins  of  sale;  where  he  shall  liiid  inferior  articles  have 
iH^en  delivered,  he  shall  al  once  reject  all  such  articles,  and  shall  iu)t  certify 
the  bill  for  the  same  for  payiuenl,  and  re])ort  all  (he  facts  to  (he  mayor. 
It  shall  be  the  duly  of  the  commissioner  of  supjilies,  \vli(>never  sii])plies  of 
any  .sort  are  furnished  to  any  institution  or  dei)artmeni  of  the  city  jjovern- 
Mieut,  to  send  with  such  supplies  a  niemoranduni,  statinji'  the  quantity,  (pial 
ity,  weij;ht  or  measure  and  price  of  each  article  sent,  which  niemoranduni 
shall  be  returned  to  tlie  commissioner  iif  snp])lies  with  the  indorsement 
thereon  of  the  suiierintendent  or  other  person  in  charjie  of  (he  departmenl 
or  institution  as  lo  its  correctness.  e.\ce|)t  in  resjiect  to  the  ju-ice  thereof. 
The  commissioner  of  siipiilies  shall  kee|)  all  such  memorandums  or  i-eceijits 
as  vouchers  for  an_\-  jmyment  he  may  make  either  for  "joods  purchased  in  the 
open  luarkel  or  uiiilei-  udvei-lisemeiit .     (  M.  ('.,  sec.  111'.");!.) 

Sic.  L'.iS'j  rur<"has('s,  wlu'tJier  un«lor  coiitraj'l  <>r  not — 
duty  to  approve-  ll  shall  he  the  dnl\  of  (he  commissionei-  of  sn|iplies 
lo  a]>pro\('.  if  correct,  all  i)urciiases  for  sujiiilies  furnished  the  city,  whether 
purchased  under  any  contract  with  tlie  city  or  otherwise.  If  a  ipurclia.se 
is  made  under  any  contract,  the  commissioner  of  supplies  shall  state  on  the 
hill  of  jmrchase  the  date  of  the  contract  and  the  date  of  the  ajpiu-oval  by  the 
mayoi-.  If  the  imrchase  is  not  made  under  any  contract,  it  shall  be  approved 
by  the  comptroller,  and  a  certified  copy  of  the  re(|uisit  ion  for  the  articles 
mentioned  in  said  bill  shall  be  attached  to  the  same.  The  auditor  shall  not 
audit  and  allow  !iny  bills  for  siip|ilies  tinless  the  forc^oini;  jirovisions  are 
"•omplied  with.     iM.  U.,  sec.  Ii2."i4. ) 

Sec.  2:^83.     lioiids  roquinMl  for  pcrformaiicj'   of   contracts. — 

I'he  commissioner  of  supplies  shall  rcipiire  all  parties  contraciini;  ihinu^h 
his  dejiartineiit  to  ^'i\t'  j;ood  and  suftiiieni  bond  for  the  faithful  perform- 
ance of  said  contracts,  to  be  a]iproved  by  the  mayor,  and  all  contracts  shall 
I  outaiii  a  clau.se  that  the  articles  to  be  furnished  are  to  be  delivered  to  the 
various  city  institutions  or  deitartmenis  free  of  cliarjre  for  traiispoi'tation. 
and  that  the  city  shall  allow  no  char^re  for  packajjes.     i  .M.  ("..  .sec.  •_'l.'."i."i.  i 

See.  23.S4  Hids,  t4»  bo  declined,  wlien.^Wlicn  tlic  commis- 
sioner of  snp]ilies  tinds  any  jiarty  en;,'aj;eil  in  selliiifi  or  deliveriiif;  any  ar- 
ticle to  the  city  who  has  failed  or  refuses  t()  comply  with  the  terms  of  his 
contract  or  a;;reement,  or  when  a  party  fails  to  make  restitution  to  the  city 
('or  any  loss  the  city  has  met  by  failure  or  nejrlect  on  his  part  to  comply 
with  the  terms  of  his  a<;reement,  then  the  commissioner  of  supplies,  with 
the  cons<>iit  and  appi-o\'al  of  the  mayor,  shall  decline  to  I'eceive  any  further 
bids  from  said  party  for  any  articles  to  be  furnished  to  the  city.  I.M.  C'.. 
sec.  22uG.) 

Sec.  2:iiSJ.     Surplus,  or  refuse  pniperty,  t«    be    .sohl,    wlieu. 

The  commissionei'  of  suitplies  shall,  when  directed  by  the  comptroller,  ad- 
vertise in  the  newspapers  doin^  the  city  printiii};,  for  at  least  three  days, 
lor  jiroposals  for  the  purchase  of  all  surplus.  c(Uidenined.  or  other  refu.se 
pro|)erty  under  his  conirol.  Such  advertisement  shall  state  sjiecitically  the 
character  and  quality  of  the  article  or  articles  to  U'  disposed  of,  the  time 
and   place   when   and    wheri"   tin-   Itids   shall   be  opened,   with    the   right   re- 


IQyQ  REVISED  CODE  OR  GENERAL  ORDINANCES.  ICHAP.   37. 

served  to  the  comptroller  to  reject  anj-  or  all  bids;  provided,  that  any  re- 
jection or  award  of  bids  be  done  by  and  with  the  consent  and  approval  of 
the  mayor.     (M.  C.  sec.  2257.) 

Sec.  2386.     Disposition  of  moneys  received  from   such   sales. 

— The  money  received  from  the  sale  of  all  surplus,  condemned  or  other 
refuse  property,  shall,  within  one  week  from  the  day  of  sale,  be  paid  by  the 
commissioner  into  the  city  treasury,  taking  the  treasurer's  receipt  in  tripli- 
cate therefor,  and  filing  one  of  those  receipts  with  the  comptroller  and  one 
with  the  auditor.     (M.  C,  sec.  2258.) 


CHAPTER  37. 

TREASURY   DEPARTMENT. 


I. 

Ot  the  department 

II. 

Of  auditor. 

III. 

Of  comptroller. 

IV. 

Of   treasurer. 

.\RTICLE  I. 

OF    THE    DEPARTMENT. 

See.  2387.  Composition  of  department The  npasmy  depart- 
ment of  the  city  government  shall  consist  of  the  auditor,  comptroller  and 
treasurer.     (M.  C.  sec.  2259.) 

Sec.  2388.  What  accounts  and  bills  to  state — All  accounts, 
bills  or  claims  which  are  presented  for  settlement  and  allowance  against 
the  city,  must  state  by  what  authority,  for  what  purpose,  and  at  whose 
direction  the  liability  is  created,  the  price  or  rate  charged,  and  the  total 
amount  written  out  in  full,  and  the  proper  officer  having  knowledge  of  tlie 
fact  of  the  case  must  certify  thereto  before  its  allowance;  provided,  that 
no  officer  shall  i)resent  for  allowance  in  his  own  behalf  any  claim  based 
on  the  payment  by  him  of  a  sub-voucher  where  it  is  practicable  to  have 
such  voucher  audited  and  allowed  in  llic  iiniiie  of  the  original  ]iarty.  (M. 
C,  sec.  22r,0. ) 

Sec.  238U.  Accounts  to  be  forwarded  to  auditor. — All  ac- 
counts, claims  and  demands  which  are  required  to  be  certified  to  as  pro- 
vided in  the  next  preceding  section  must  be  ])i'ej)ared  by  the  respective 
officers  and  boards  of  the  <ity  govciiiiiicnt,  and  forwarded  to  the  auditor 
on  or  before  the  second  day  of  each  month,  covering  all  liabilities  created 
in  relation  to  business  under  their  siii)orvision  dui-ing  the  ]ir(>cediiig  month. 
At  the  same  time  they  .shall  jirepare  and  (hdiver  to  the  com])troller  detailed 
statements  of  all  such  claims  and  demands,  representing  the  names  of  claim 
ants,  tlie  nature  of  the  demands,  and  the  i-espective  and  total  ainonnts 
thereof.      (  M.  <'.,  see.  22(n  . ) 

Sec.    2390.     B  (» ii  d  s ,     etc.,     by     whom    and    how    pai<l.— All 

bonds,  not(!S,  coujions  or  other  public  indebtedness  of  the  city  shall  be  paid 
by  the  city  treasurer,  if  presented  at  the  treasury,  or  by  the  banks  selected 
or  designated  as  the  fiscal  agent  of  the  city  where  said  bonds,  notes,  cou- 
pons or  other  public  indebtedness  may  have  been  made  payable.     All  pay- 


ART.  I.]  OK  Ti!i:.\sri;Y  i>i:p,\utmi:nt.  lOgi 

mciit  by  tlio  troasurt'f,  on  arcouiit  of  siiili  |ml>lic  iiidchtcdnoss.  sliall  Ihj 
ai'i'ountfd  for  liv  and  allowed  to  him  as  jd-csi  rilH'd  in  section  L';!!)l.  To  inoct 
the  pa.vnieiit  of  iniliiic  indeliledness  hy  the  liaiiks  seleeted  or  desij^naled  as 
fiscal  ap'nts  of  the  eitv.  and  where  said  bonds,  noti's,  coupons  or  other  pub 
lie  indel)tedness  may  liave  been  made  payable,  the  treasurer  shall,  upon  re- 
ceipt of  an<iitor's  warrants  issued  accordiiifi  to  re(piisitions  of  the  comp- 
troller, ai)pro\ed  by  the  mayor,  remit  to  such  liscal  aj^enis  ihe  amounts 
8i)ecitied  in  such  warrants.  I'ntil  the  liscal  aj^enls  acknowled<;e  the  receipt 
of  8Ui-h  remittance,  the  treasurer's  rtMpiisition  account  shall  stand  chai-fjed 
on  the  books  of  the  city  with  the  amount  of  such  wai'rants.  All  remittances 
to,  or  deposited  at  the  banks  selected  or  dcsif^nated  as  fiscal  agents  of  the 
city,  shall  be  to  the  credit  of  the  city,  subject  to  the  order  of  the  treasurer, 
countersigned  by  the  mayor,  and  shall  be  used  by  said  baid<s  or  fiscal  aj^ents, 
respectively,  to  meet  payments  of  the  public  debts  or  liabilities  maturiii}^ 
ther(>at.  All  such  fiscal  aj;ents  shall,  upon  ri'ceipt  of  remittances  from  the 
treasurer,  acknowled{;(>  the  same  in  writin;;;  duplicates  of  such  acknowledfj- 
ment  shall  be  sent  one  to  the  ci)m[iIroller  and  one  to  the  amiilor.  and  the 
proper  entries  shall  b(>  made  U|ion  the  books  of  the  city  accordinj^ly.  All 
such  fiscal  ajrents  or  de[)osiloi'ies  shall  return  to  the  treasurer  the  bonds, 
notes,  coupons  or  other  public  indebtedness  of  the  city,  paid  by  it  or  them 
on  the  first  iLiy  of  each  month,  as  far  as  practicable,  with  the  full  statement 
of  the  city's  account;  duiilicates  <if  said  statement  shall  be  forwarded,  one 
to  the  comptroller  and  one  to  the  auditor  and  pi'ojier  entries  thereof  shall 
be  made  u])oii  the  books  of  the  city.  All  such  liscal  a^'iits  or  depositories 
shall,  at  the  same  time  that  the  bonds,  notes,  coupons  are  ii-aiisinil ted  to 
the  treasurer,  notify  the  comiiti-(dlei'  of  the  payment  of  any  such  bonds, 
notes,  coupons  or  other  jiublic  indebtedness,  by  it  or  them,  S'^i'ig  the  num- 
ber and  amount  thereof,  and  in  addition  thereto  the  city  treasurer  and  all 
such  fiscal  a};ents  or  depositories  shall  stamp  or  indorse  on  the  face  of  such 
bonds,  notes,  coupons  or  other  jtublic  indeliledness,  at  the  time  of  i)ayment 
thereof,  the  word  "I'aid,"  and  also  i -iik d  ilic  same,     i  M.  ('.,  sec.  22(i2.) 

Trani*f*.*r.  paym*-nt.  suit-  and  (*a»r,-IIatlt'ii  >>{  bon<ls.  i-tf..  .sco  also  sections  2393. 
.•:'.!ii;--L>4nn.   helow. 

For  provisions  concernlnK  Sinking  I''iind  fur  pnynunt  of  lioml.s,  see  Charter, 
.Vrt.  XIV;  power  of  city  In  Reneral  to  borrow  money,  see  Charter.  Art.  III.  see. 
_'i;.    clause    1.    and    references    In    the    note    thereto    appended. 

Sec.  2;}!)1.  .VceiMiiif >^  ot  Ireasur*'!'  a.-*  to  viinvvWvil  4»l>li<ra- 
tioiiHtolie  «'xamiiu'tl  —  \v«»rlhl«'s.s  rlainis  l»v  <•!(>.- Once  in  each 
riioiiili.  oil  or  before  ilie  leiiili  day  iliereof.  or  ofletier.  if  the  treasurer  de- 
sires it.  upon  a  writleii  noiice  from  the  treasurer.  tht>  comptroller  and  chair- 
man of  Ihe  ways  and  means  committees  of  the  council  and  of  the  house  of 
dek'nafes,  shall  meet  and  e.vamine.  count  and  cancel  all  bonds,  notes,  cou- 
pons and  other  indebtednt'ss  of  Ihe  city,  paid  by  the  treasurer  or  returned 
to  him  by  the  fiscal  ajjent.s  of  the  city  and  certify  the  amount  thereof,  in- 
cliiiiini;  commissions  and  e.\|K'nses.  and  deliver  the  same  to  the  auditor  for 
safe  keepinir.  lakin;;  Ihe  auditor's  triplicate  receipt  therefor,  one  of  which 
shall  be  delivered  lo  Ihe  comjitroller.  one  to  the  treasurer,  and  one  to  lie 
retained  by  the  auditor.  The  payments  of  all  bonds,  notes,  coupons  or  other 
indebtedness  by  the  treasurer  as  asciM-tained  by  the  comptroller  and  chair- 
man of  the  ways  and  means  committee  shall  be  audited  and  allowed  as 
other  claims  are.  The  comptroller  and  chairman  of  the  ways  and  means 
committees  shall  also  ascertain  the  nature  and  amount  of  all  <-laims  that 
Ihe  city  has  a}j;ainsl  any  person  or  jiersons  standintj  upon  the  books  of  the 
auditor,  which  are  more  than  fifteen  years  [)ast  due.  which  in  their  jud^;- 
meiii  are  worthless,  ami  shall  direct  the  auditor  lo  transfer  said  claims  to  a 


1082  i:i:visKi>  coijk  or  gknekal  ordinances.  icmap.  37. 

siispftiise  accoiinl.  niui  the  amount  tliproof  shall  not  tlicroaflcr  he  indiulcd 
in  Ihe  statoniont  ot  llic  assets  of  the  cily  until  the  whole  or  souu;  part  thereof 
shall  have  been  (((llccicd  hv  the  cily,      (  M.  C,  see.  2l!l!.'>.  1 

See.  2392.     A4'«*ouiits  of  «'«niii»t roller  and   fmul  (*4>iiiniissioii- 

tT.s. — Similar  .vel  ileiiients  sliall  he  made  hy  the  committw  of  ways  and 
means  of  both  houses  of  the  municipal  assembly  with  the  eouiptroller  for 
whatever  public  debts  may  be  paid  by  him,  or  on  his  account,  and  with  the 
fund  commissioners  for  such  as  may  be  purchased  and  retired  by  them,  and 
in  every  case  of  such  settlement  similar  certificates  shall  be  givcm  in  behalf 
of  (lie  comptroller  and  fund  commissioners,  respectively,  iij)on  which  they 
shall  receive  all  pr<)])er  credits  on  the  books  of  the  auditor  and  comptroller, 
and  all  coui)ons  detached  fi-om  bonds  and  returned  to  the  fund  commis- 
sioners shall  be  i-ecei])ted  for  in  duiilicate,  and  charged  against  them  on  the 
books  of  the  auditor  and  comptroller.     (M.  C,  sec.  2264.) 

Sec.   239:5.     Sales,   bonds   and   loans     reporteil     to     auditor. 

— .\1I  sales  of  bonds,  notes  or  other  negotiations  for  loans  made  by  the 
mayor  and  com]itroiiei'  sliall  be  immediately  reported  to  the  auditor,  upon 
Miiich  he  shall  make  the  jiropei-  entri(>s  on  his  books,  and  the  proceeds  of 
all  such  sales  oi'  negotiations  shall  be  at  once  delivered  to  the  treasurer. 
I  M.  C,  sec.  220.-;.) 

Sec.  2394  Reports  required — what  to  contain. — Annual 
and  semi-annual  rejtorts  of  the  business  under  the  charge  of  all  fiscal  officers 
and  department  boards  of  the  city  shall  be  made  and  delivered  to  the  comp- 
1  roller  on  tlie  second  Tuesday  of  April  and  October,  respectively,  of  each 
year,  in  relation  to  all  the  business  under  their  charge  sim-(!  their  last  an- 
nual report.  That  of  the  auditor  shall  jiresent  a  balance  sheet  of  all  ac- 
counts at  the  date  of  his  last  annual  i-ejiort,  the  aggregate  debits  and  credits, 
respectively,  in  detail,  added  I0  each  account  since,  and  a  balance  sheet  of 
all  such  accounts  at  the  date  of  the  rejiort,  and  shall  contain  such  other 
information  in  relatioti  to  the  business  of  his  office  as  may  be  re(]uired.  That 
of  the  treasurer  shall  represent  the  cash  on  hand  at  the  date  of  his  last 
annual  report,  the  amount  since  received  and  the  amount  paid  out  in  detail 
to  th<'  debit  and  credit,  respectively,  of  the  various  accounts  on  his  books, 
the  balance  remaining  on  hand,  and  of  what  it  consists,  and  where  it  is  de- 
l)osited  in  detail.  Similar  monthly  re])orts  shall  be  made  by  all  fiscal  offi- 
cei-s  and  department  boards,  and  siduiiitted  to  the  comptroller  on  the  stM;'ond 
Tuesday  of  each  month,  and  all  reports  shall  contain  a  list  of  all  <h'puties. 
clerks  and  assistants  employed  in  their  respective  offices.  Settlements  prop- 
erly certified  by  the  comittroller  shall  also  be  made  by  all  fiscal  officers  with 
the  auditor,  as  reipiired  by  law,  at  the  same  time  that  reports  are  made  to 
Ihe  comjitroller :  and  all  amounts  found  due  by  the  several  officers  shall  be 
immediately  ])ai(l  into  the  city  treasury,  and  the  books  of  all  officers  shall  be 
compared  and  balanced  annually,  semi-annually  and  monthly.  ( .M.  C,  sec. 
22(;f..) 

C'harti-r.    .\rl,    IV.   s.'cs.   47.    IS. 

Sec.  239.5.     ('<»ntraets    to    be    on    printed    blanks,    properly 

sijjned,  tiled,  etc. — .Vli  cuntiacts  for  works  and  oilier  pui-|K)ses,  not  in 
llie  nature  of  monthly  exjieiises.  must  be  in  writing  or  on  printed  blanks 
prepared  by  the  city  counselor,  signed  by  the  officers  designated  therefor 
by  law  or  ordinance,  or  if  none  be  so  designated,  then  by  the  comptroller. 


At;T    M  OP-  TKiOAsiKV   i>i:i-.\i:t.mi:nt.  1083 

and  all  ri»nirai-ts  imisl  lie  (■()iintfrsij;[U'<l  and  rr<::istt'ri'd  liy  (lie  roiniitrollei' 
in  Ills  (>fli<'c.  and  lilcd  with  llu-  rc^jislcr  for  sari>^ki'c|>in};.  i.M.  C,  HPr. 
■_'2(;7. 1 

As  til  till-  proper  execution  of  clly  contracts,  nnil  the  various  provisions  of 
the  Constitution,  statutes  and  Cluirti-r  provisions  conrernlntc  the  same,  and  tlw 
necessity  of  lonipllance  thorewUli.  sei'  noli'  to  sec.  7  of  .\rt.  XVI  of  the  Charter. 

Si,  J.)!"!;  Coupon  lioiuls  may  bo  oxchany;*'*!  for  rcjji.s- 
tiTt'il  boiitlM.  I  |Miii  api>liiaii<>ii  of  llii'  lioldcrs  ol  any  ((nipoii  liuiids, 
liori'Iororc  issiii'd  or  lioreal'tiT  issued  hv  the  City  of  St.  Lonis,  the  ri{;lit  lo 
c-x<'lian};o  whicli  is  not  oxiiivsscd  on  the  faco  of  stu'li  Ixmds,  and  n|ion  stii-- 
it^ndcr  tlu'ivof,  at  tlie  oflice  of  the  comptrollor  of  the  Cily  of  St.  liOiiis.  lir, 
the  said  coniiitrolicr.  is  Iicrcliy  aiiliiori/.cd  to  issue  (o  and  in  the  name  of 
such  holders  reoisleicd  honds  of  lik<'  leiiof  and  ainoniil  in  one  or  more  cer 
liticates,  and  siuh  coniioii  ImukIs  and  the  coupons  allaehed  thereto  siiall  lie 
lanrelied  liy  the  saiil  comiPtridler  ininieiliattdy  upon  lieino;  snrriMidered  to 
him   liy  stanipiii<;  or  wi'iiinji  I  he  words  "("auceled,"  "e.xehaiioed  for  re^is- 

lered  hoiul  No.  ,  dated  ,"  in   red  ink  across  the  lace  of  the  honils 

and  by  eancelinji  the  sifinutHres  td'  the  bonds  and  eon|ioii  wiih  a  caiicclin'r 
punch".      I  M.  C.  sec.  'JJCS.l 

See.  2.S!i7.  Coiitciits  aiui  form  of  r<'fj:istt'r«Ml  hoiuls. — Tin- 
registered  bonds  issued  nniler  this  article  shall  be  eiioraved;  provitled.  how 
ever,  thai  the  name  of  the  holders,  the  anioiint,  mindiers,  and  other  descriji- 
tions  id'  the  con)ion  bonds  for  which  they  are  exehanoed  and  such  other  mat 
ler  as  may  be  impraci  icable  to  eiijirave  may  be  written  or  stamped  on  the 
bonds.  The  refiislered  bonds  shall  contain  llie  nami'  of  iIh'  bidder  or  hold- 
ers thereof,  the  amount  and  numbers  of  ihe  coupon  bonds  for  which  they 
:'ro  exclianp'd.  and  shall  be  sifjiied  b\  ihe  mayor,  eomptrtdler  and  treasurer 
of  the  City  of  St.  Louis,  and  attested  by  the  rt'jrister  of  said  cily  with  the 
seal  of  the  City  of  St.  Louis  thereto  affixed,  and  re;;istered  by  Ihe  andilur 
of  said  city  in  the  name  of  the  holder  oi-  ludders  thereof;  ]>rovided,  howc\cr. 
ihal  the  refiistered  bunds  shall  not  Im-  siiiiied  by  the  mayor,  coinpt  roller-  and 
ireasiirer  until  the  coupon  bonds  and  rei^istered  bonds  fur  which  they  are 
exehan<;ed  shall  have  been  canceled,  as  provided  in  section  "JUMl.  When  the 
amount  is  written  in  the  bond,  the  bond  shall  In-  |ierroiaird  with  the  li;:ures 
and  characters  exiiressinjj  the  amount  for  which  it  is  issued.  The  re;;islered 
tuind  shall  have  printed  on  the  back  thi-reof  Ihe  forms  and  retpiiremeiits  re 
iatin;];  to  the  transfer  of  the  same,     i  .M.  C.,  .sec.  lllJtjU.) 

Sec.  2.398.  Traiislci-  of  r«'y;i>tci<-(i  homls  —  cain-rllatioii  — lU'w 
rofjintortMl  bonds  to  issn*'. — L'pon  application  of  tin-  holdeis  of  refj- 
istered  bomls  issued  under  ordinance  numlier  seventeen  thousand  two  linn- 
dn-d  and  tiftynine,  or  of  their  lef,'al  representatives,  and  upon  surrender  of 
•siirh  bonds  at  the  office  of  the  comptroller  of  the  City  of  St.  Louis,  he.  the 
.said  comptroller,  is  hereby  authorized  to  transfer  the  .same  on  the  books  of 
the  citv  to  suih  persons  or  corporations  as  may  be  desij;nated  in  the  ajijdi 
cation.  The  transfer  of  such  bonds  must  Ik-  in  wrillen  or  printed  form,  in 
dorwd  ujion  the  bai-ks  of  the  bonds,  and  must  be  acknowleilp-d  Ix-fore  a 
notarv  public  or  other  officer  authori/ed  uiidei-  the  laws  of  this  state  In  take 
ackno\vletl;;meiils  to  de<'ds  for  transfers  of  real  estate,  or  the  signatures  of 
Ihe  registered  holder  of  tlie  bonds  must  Im-  attested  by  an  officer  of  one  of 
the  banks  or  banking  hou.ses  desigiialeil  to  act  as  (he  fiscal  agents  of  the 
citv  in  New  York  or  London.  .Vpplicafiiuis  for  transfers  must  Im-  filed  at 
the  comptrollers  office  in  Ihe  City  of  St.  Louis  at  least  ten  da.vs  lM«fore  th<' 


1084  KEVISEU  CODK  OR  GENERAL  ORDINANCES.  [CHAP.  37. 

date  of  payment  of  the  semi-annual  interest  next  due  on  the  bonds.  The 
bonds  so  transferred  and  surrendered,  shall  be  canceled  by  the  comptroller, 
who  shall  issue  new  registered  bonds  therefor,  cancellation  and  issuing  of 
new  bonds  to  be  done  in  the  same  manner  as  is  prescribed  hereinbefore,  in 
the  case  of  coupon  bonds  exchanged  into  registered  bonds.  (M.  C,  see. 
2270.) 

Sec.  2399.  How  principal  and  interest  of  registered 
bonds  paid. — The  payment  of  the  jirincipal  and  interest  of  the  registered 
bonds  as  the  same  become  due  shall  be  made  by  draft,  j)ayable  to  the  order 
of  the  holder  at  such  place  as  is  designated  iu  the  coupon  bonds  for  the 
payment  of  the  principal  and  interest;  in  cases  where  the  principal  and 
interest  of  the  coupon  bonds  are  payable  in  two  or  more  places,  at  the  option 
of  the  holder,  the  said  holder  shall  express  his  preference  for  either  one  of 
the  places  at  the  time  of  issuing  the  certificates,  at  which  place  so  preferred 
the  said  draft  shall  be  made  jKiyable.     (M.  C,  sec.  2271.) 

Sec.   2400.     Cancellation   of     bonds -certificate     of— auditor 

to  preserve. — The  bonds  and  coupons  for  which  the  registered  bonds 
aforesaid  are  issued,  as  also  the  registered  bonds  in  cases  of  transfers,  shall 
be  canceled  by  the  mayor,  comptroller  and  treasurer  and  delivered  to  the 
auditor  of  the  City  of  St.  Louis  and  his  receipt  taken  therefor.  The  auditor 
shall  preserve  said  canceled  bonds  and  coupons  and  registered  bonds  in  his 
office  in  like  manner  as  other  canceled  bonds  and  coupons.  The  mayor, 
comptroller  and  treasurer  shall  certify,  in  duplicate,  to  the  cancellation  of 
all  bonds  and  coupons  canceled  under  ordinance  number  seventeen  thousand 
two  hundred  and  flfty-nine;  one  of  the  certificates  of  cancellation  shall  be 
filed  in  the  auditor's  office,  the  other  to  be  preserved  in  the  comptroller's 
office  in  a  book  to  be  kept  for  that  purpose.     (M.  C,  sec.  2272.) 

Sec.    2401.      Mayor   to     appoint   examining:   coniniittee. — The 

mayor  shall  annually  employ  a  committee  of  three  persons  not  connected 
with  the  city  government,  one  of  whom  at  least  shall  be  an  experienced  ac- 
countant, who  shall  examine  the  books  and  accounts  of  the  comptroller, 
auditor  and  treasurer,  and  of  such  other  officers  and  boards  of  the  city 
government  as  the  mayor  may  direct,  to  ascertain  if  the  same  have  been 
properly  kept  and  balanced.     (M.  C,  sec.  2273.) 

Sec.  2402.  Coniniittee  to  report  to  assembly. — The  said 
committee  shall  report  the  result  of  their  examinations  through  the  mayor 
to  the  municipal  .-issembly  immediately  after  the  close  of  such  examination, 
and  if  their  report  be  ap]»roved  by  the  municipal  assembly  they  shall  cause 
the  necessary  entries  to  be  made  iu  the  books  of  the  comptroller  and  au 
ditor  to  show  the  condition  of  their  offices  at  the  end  of  the  fiscal  year,  and 
if  the  close  of  such  fiscal  year  is  the  close  of  the  term  of  any  officer,  to  also 
show  the  delivery  of  the  effects  of  their  offices  to  their  successor  in  office, 
which  entries  shall  be  attested  by  the  signature  of  the  committee.  (M.  C, 
sec.  2274.) 

Sec.    2403.     Committee  to  examine    treasvirer's   accounts. — 

The  said  committee  shall  examine  the  books,  papers,  accounts  and  vouchers 
of  the  treasurer,  count  the  money  iu  the  treasury,  the  auditor's  warrants 
and  certificates  on  hand,  and  comi)are  them  with  the  treasurer's  register 
thereof,  and  do  all  other  things  necessai-y  to  a  complete  examination  of  the 
affairs  of  the  treasurer,  and  report  the  result  of  their  examination  as  pro- 
vided in  the  preceding  section,  and  if  their  report  is  approved  by  the  mu- 


ART.  11.)  ol-  AiniTcii;  1085 

nirijiiil  nsscmlily  llicy  shall  iiiiikc  sctllcinciit  willi  that  (>ffi(«'r  to  (lie  cinl  tif 
the  tiscal  year,  and  also  for  the  tinii'  t'lajisinj;  hclwci'ii  that  ami  the  time  of 
his  f;oiii^  out  of  4>fl\it',  ami  shall  caiisi'  the  ucccssarv  entries  to  he  made 
on  liis  tiooics  to  show  the  condition  of  his  oftiee  at  the  end  of  the  liseal  year, 
and  at  the  time  of  his  jioin<;  out  of  ofliee,  \vl\i(li  entries  sliall  be  attested  by 
the  signatures  of  the  committee.  All  accounts  and  vouchers  of  tlie  treasurer 
ehali,  after  hein-;  examined  and  found  correct,  he  Inriu'd  over  to  the  aiulitor 
for  safe  kii'iiinj;.  and  his  receiiil  taken  therefor,  ami  all  evidence  of  ]iayment 
Rhall  he  jilainly  marked  ujion  the  face  of  each  ai-c(Mint  or  voucher  before 
heiii^'  turned  hmm-  lo  the  audiior  as  herein  iiroNidrd.     i  M.  ('.,  sec.  227").) 

See.  2(04.  Special  exaiuiiiatioii — wIumi  iua<U>. — Tlie  snid  com- 
mittee shall,  in  like  nuuiuer,  examine  the  hooks  ami  accounts  of  such  offi- 
cers aiul  boards  as  they  shall  be  directed  .so  to  do  by  the  mayor,  and 
in  the  manniM-  afoi'esaid  i^'jiort  to  the  municiiial  assendily  the  result  of 
such  examination,  and  if  their  report  is  a|i|>ro\ed  they  shall  make  seltlenuMit 
with  sui-h  oflicers  and  boards  to  the  end  of  the  tiscal  year,  and  shall  cause 
the  nece.ssary  entries  to  be  made  on  the  books  of  sucli  oflicers  and  boards 
to  8lio\v  tlu»  c(Midifion  of  offices  and  boards  at  the  end  of  the  fiscal  year, 
which  entries  shall  lie  attested  by  the  sifrnatures  of  the  committee.  iM.  ("., 
sec.  227t;.i 

See.  2405.  Coiiipt'ii.satiou  of  rimmiitti'i'.  -'I'lie  comiiensation  of 
said  committee  shall  not  exceed  fifteen  hundred  dollars,  and  shall  be  paid 
out  of  the  a]>|ii'o|)i-iati(Ui  for  contiuirent  ex[ienses.      (M.  C,  sec.  2277.1 

.XKTlil.i:   I  1. 

OF   .\fPlTOR.» 

See.  240G.  lioiul  aiul  .salary.  The  auditor  shall  a'wv  bond  lo 
the  city  in  the  sum  of  one  hundred  thousand  dollars,  with  not  less  than 
three  <;ood  securities,  who  shall  be  holders  of  unincumbered  real  estate 
within  the  ciiy;  said  bond  to  be  ajijiroved  by  the  mayor  and  council;  and  he 
shall  Ix'  responsible  for  all  acts  of  his  employes.  He  shall  receive  a  salary 
of  four  thousand  dollars  per  annum,  payalde  monthly.     (.M.  C.  sec.  2278.) 

Bond  not  l»-ss  thnn   »ino.OOO:     Chartt-r.  Art.  IV,  sec.   21. 


•■■>;•  ...   Charter.    Art.   IV.   sees.   21.   47-48;    Art.  V.   sees.    8.   11. 

12.    1.! 

Prioi  iiii.jitiMK  laws  n-pt-alcd  by  »..-c.  16  of  Art.  16.  of  Charter:  State  vs. 
Francis.  89  Mo.  408.  holding  that  an  Itemized  occount  Is  one  which  speclflcs  the 
Items   making  up  the  aKKreg^tc. 

Conclusiveness  of  settlement  by  auditor:  Gas  L.  Co.  vs.  St.  Louis.  11  Mo.  App. 
.^5;   a.   c.    84    Mo.    202. 

An  auditing  officer  cannot  be  mandamused  to  audit  a  claim  for  which  then- 
Is  no  appropriation:  State  ex  rel.  vs.  Brown.  141  Mo.  21.  But  he  may  bo  com- 
pelled to  draw  his  warrant  to  pay  the  police  out  of  any  general  revenue,  the 
State  law  being  In  effect  an  appropriation:  State  ex  rel.  vs.  Mason.  1S3  Mo.  23 
(Marshall.  J.,  dissenting  on   this  point). 

Duty  to  audit  bills  for  meals  of  Juo'  In  criminal  case:  State  ex  rel.  vs.  Smith. 
5  Mo.  App.    427. 

Auditor  cannot  review  correctness  of  court's  settlement  of  sheriffs  accounts 
In  general  term;  his  sole  duty  Is  to  Issue  his  warrant  which  may  be  compelled 
by  mandamus:     State  ex  rel.  vs.  Brown.  72  Mo.  App.  651. 


1086  i;i.:\isi:u  code  ok  cknioiial  oudinancks.  [chap.  37. 

Set'.  2407.  Jieputy  auditor — first  and  second— offices  cre- 
ated— salaries. — There  is  liereby  established  the  oltices  of  tirst  deputy 
auditor,  and  of  seeoiid  dejmty  amlitoi-.  and  said  officers  arc  autliorized  to 
perform  all  duties  re(iuired  h.v  law  or  ordinauce  to  be  iieiforiiied  by  tlic 
auditor;  said  deputies  shall  Im-  ajipointed  by  the  auditor,  subject  to  the 
approval  of  the  mayor;  and  hold  their  jiositioiis  during  the  ])leasure  of  the 
auditor;  the  first  deputy  auditor  shall  receive  a  salai-y  of  tweuty-five  hun- 
dred dollars  per  annum,  and  tlie  second  deputy  auditor  two  thousand  dol- 
lai-s  per  annum,  ])ayable  monthly.     1  .M.  <'..  sec.  22711. 1 

Sec.  2408  Clerks— s  alar  1  es  .—The  auditor  is  hereby  authorized, 
with  the  approval  of  the  mayor,  to  a])]ioint  the  clerks  employeil  in  Ins  office 
and  determine  the  nund)er  thereof.  Their  compensation  shall  be  as  fol- 
lows: One  clerk  at  eightwn  hundred  dollars  per  annum;  ihrw  clerks  at 
fifteen  hundred  dollars  per  annum  each;  and  al!  other  clerks  at  twelve  hun- 
dred dollars  per  annum  each;  all  the  above  salaries  to  be  paid  monthly. 
He  shall  ])rescribe  regulations  defining  their  duties  and  I'ov  their  govern- 
ment.    ( Ord.  22112,  amending  M.  C,  sec.  22S0. ) 

Sec.  2409.  General  powers  and  duties.— The  city  auditor  shall 
be  the  general  accountant  of  the  city,  and  shall  receive  and  preserve  in  his 
office  all  accounts,  books,  voucheis.  (locumeuts  and  papers  relating  to  the 
accounts  or  contracts  of  the  city,  ils  debts,  revenues,  and  other  fiscal  af- 
fairs. He  shall  state  and  render  all  accounts  filed  or  kej)t  in  office,  whether 
between  the  city  and  any  officers  thereof  or  between  the  city  and  any  other 
person  or  body  corporate,  except  when  otherwise  provided  by  law  or  ordi- 
uance.  He  shall  establish  proi)er  rules  for  the  government  of  his  office  and 
prescribe  the  form  of  accounts,  and  of  all  certificates  and  receipts  to  be 
attached  thereto.  He  shall  have  the  power  to  administer  oaths,  and  shall 
require  settlements  to  be  verified  by  affidavits  whenever  he  thinks  i)roper. 
He  shall  keep  the  accounts  of  the  city,  gcTieral  and  special,  in  a  systematic 
and  orderly  manner  in  the  fV)rm  of  double  entry  book-keejiing.  The  auditor 
shall  not  allow  any  papers,  vouchers,  documents  or  books  belonging  to  his 
office  to  be  taken  away  except  under  legal  jtrocess.     (M.  C.  sec.  2281.) 

.S'l-  Charter,   IV,  sec.   21. 

Sec.  2410.     Shall  audit  and  certify  accounts  and  demands.^ 

— The  city  auditor  shall  examine,  adjust  and  audit  all  unseliled  ac<-ounts. 
claims  and  demands  against  the  cily.  for  jiayment  of  which  any  money  may 
be  drawn  from  the  city  treasui'y,  wlien  such  claims  and  demands  are  cer 
tifled  and  presented  in  proj)er  form,  and  are  duly  authorized  by  law  or 
ordinance,  and  after  having  examined  the  same  with  all  accompanying 
documents,  and  found  them  correct,  he  shall  certify  thereon  the  balance  or 
true  state  of  such  claim  or  demand,  and  diaw  his  warrant  foi-  the  same  on 
the  treasui-j-  for  the  payment  tlieicof;  provided,  no  such  claim  (u-  demand. 
or  any  part  thereof,  shall  lu^  audited  against  the  city,  unless  it  is  author 
ized  by  law  or  ordinance,  and  is  in  proper  or  fully  itemized  form,  and  the 
amount  required  for  the  payment  of  same  shall  have  been  a|)i)ropriated  for 
that  purpose,  by  oi'dinauce;  provided  further,  that  all  unadjusted  accounts 
before  they  are  audited  must  bear  the  necessary  certificates  and  signature 
of  the  officers  having  knowledge  of  the  facts,  and  shall  be  allowed  by  the 
auditor  and  com]it roller,  or,  in  case  of  their  disagreement,  then  by  either 
of  them  and  the  mayor;  and  ])rovided  farther,  no  wariants  shall  be  issued 
on  any  approi)riation.  unless  there  is  an  \uiexpende(l  balance  to  the  credit 
thereof  sufficient  to  cover  suili  warrant,  and  money  in  the  treasury  to 
l»ay  it.     (M.  C,  sec.  2282.) 

Cliartir.   .\rt.  V.  see.   i:!.     t^ee  alpn    ih..  IV.  sec.   21. 


^UiT.   II.  I  OF  AIIMTOK.  ]()K7 

Sec.  2411       Warranl    to    s|M'rir>     riiiul— shall    laUo    rocoipl. — 

Kvcrv  \v;ii-i-;iiit  drawn  li\  llu-  ainlildi-  .shall  .sipccilv  lln-  riiinl  <ir  a|>|ii-<>|iii:i' 
tioii  out  (>r  wliicli  it  is  to  Ik'  jiaid;  and  iH'Ton-  it.s  delivery  to  the  party  en 
titled  tliereto  llie  auditor  shall  re(|iiire  of  said  party  a  iiroper  and  lejjal 
receipt  for  said  amount  thereof,  wliieh  shall  be  attached  lo  said  claim  and 
demand:  and  said  accounts,  claims  and  ilemaiids,  and  the  recei|)ts  and  ac- 
companviu};  papers,  shall  he  liled  hv  (he  andidii-  in  his  (irii<-e.      (  .M.  ('..  .xec. 


8ee.    2412.       Claiiiis    to     Uv    audited     and     paid     within     one 

year. — No  claim  afj;ainst  the  ciiy  which  is  not  l'ound*'d  on  a  liond  oi-  oiher 
instrument  of  writinj;,  executeti  by  the  ci(y,  shall  be  audited  and  paid  which 
has  not  Imvii  presented  within  one  year  from  the  time  .«ucli  claim  became 
line.  This  shall  also  include  all  jury  and  witness  fees  and  costs  of  inipiesis 
for  which  cert  iticati's  have  been  issm-d.     i  M.  ('..  sec.  l!:.'M.i 

Sec.  241.'}.  I  iiciainiiMl  li\t'->t'ar  warrant.s  liarri-d. —  Whcncvir 
any  warrant  drawn  on  the  city  treasurer  shall  have  remained  in  the  ]»os 
.session  of  the  city  auditor  for  live  years,  unclaimed,  or  not  called  for  by  the 
person  in  whose  favor  it  shall  have  been  drawn,  or  his  or  her  leji;al  rejirc 
senlati\('s,  the  mayor  shall  order  the  comptrollei-  and  au<litor  to  annul  ami 
cancel  the  same,  which  fact  shall  lie  made  a  mailer  of  record  in  the  ofhce 
of  the  coiiipinillci-  and  amliior.      iM.  I'.,  sec.  2285.) 

Sec.  2414.     Warrant  not  prrstMitod   lor    |>a\nu'iil    within    Tim- 

years  l»arr<Ml. — Whenever  any  such  warrant.  l>ciiiir  delivered,  shall  not  Im- 
presented  to  the  city  treasurer  for  jiaymeut  within  tive  yi-ars  after  the  date 
thereof,  such  warrant  shall  be  barred  and  not  jiaid  b.v  the  treasurer,  noi- 
shall  it  be  i-ecei\-ed  in  payment  of  taxes  oi-  other  dues,      i  M.  ( ".»  sec.  22SI>.  i 

>Sec.  241.~>.  Sums  reniainin.u  unpaid  on  |>a>-r<»ll  for  on«- 
y  <»  a  r — transfer  of.  -Ail  sums  of  nioiie.\  remainini;  nnjiaid  on  pay-rolls 
relmned  b\  the  city  treasurer  to  the  auditor's  oflice  and  uncal!e<l  foi-  by  the 
I'i'oper  persons  or  other  lef^al  representatives  within  one  year  shall  be 
transfirred  by  the  amlitor  to  the  respective  funds  from  which  they  were 
drawn.     (  M.  ('.,  sec.  2287.) 

Sec  L'lltl.  When  warrant  cannot  he  iiraw  n. — The  auditor  shall 
iu>t  draw  a  warrant  on  th((  treasurer  in  favor  of  any  |K'rson  who  is  indebted 
to  the  city,  or  the  assi>ini»e  of  such  person  excejit  for  the  balance  which  may 
apjN'ar  to  be  due  to  such  pei-soii.  over  and  above  the  debt  due  the  city;  nor 
shall  he  di-aw  a  warrant  iti  favor  of  any  otticer  who  is  in  arrears  or  in  lie- 
fault   lo  the  city,     i  .M.  ("..  .sec.  22S,s. ) 

S.I'     2417       I'npaid    sums    dtie    eily      from      »-ity     o(1i<'ers— 

a<'t  ion. -Whenever,  iijiiin  the  adju.si  mciil  of  any  account,  a  sum  of  nruney 
shall  Ih'  foumi  by  the  auditor  to  be  due  lo  the  city,  fi-mn  any  city  oflicei-. 
and  the  same  shall  not  be  paid  into  the  city  treasury  within  leu  days  after 
the  adjustment  of  the  account  and  the  treastu-er's  receipt  therefor  deliv 
ered  to  the  auditor,  he  shall  ceitify  the  amount  so  due  lo  the  mayor,  who 
shall  order  suit  to  Im-  commenced  a^'ainst  the  delim|ueni.  or  lake  such  other 
measures  as  in  his  ju(ls;ment  will  most  elVcctnaliy  secuie  the  city  from  loss. 
iM.  ('..  .sec.  22S!1. 1 


1088  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.   37. 

See  2418.  Duties  as  to  copies  and  as  to  inspection  of 
boo  lis,  etc. — The  auditor,  whenever  required,  shall  furnish  the  mayor 
or  municipal  assembly,  or  committees  thereof,  copies  or  abstracts  of  any 
books,  accounts,  records,  vouchers,  or  documents  in  his  office,  or  any  in- 
formation in  relation  to  anything  pertaining  to  his  office,  or  the  revenue 
of  the  city,  and  he  shall  at  all  times  j)ermit  the  mayor  or  any  member  of 
the  municipal  assembly,  the  comptroller,  or  any  other  officer  interested,  to 
examine  any  books,  papers  or  documents  in  his  office.     (M.  C,  sec.  2290.) 

Sec.  2419.  Fiscal  term. — The  fiscal  term  of  the  auditor  shall  com- 
mence on  the  second  Tuesday  in  April  in  each  year.     (M.  C,  sec.  2291.) 

Sec.  2420.  Appropriations— duties  as  to. — Whenever  the  munici- 
pal assembly  shall,  by  ordinance,  ajijirojiriate  any  money  out  of  the  munici- 
pal revenue,  or  out  of  any  special  funds,  or  shall  transfer  money  from  one 
fund  to  another,  the  auditor  shall  immediately  make  such  transfer  on  his 
books,  in  accordance  with  the  ordinance.  And  if  any  appropriation  be  made 
by  ordinance  in  behalf  of  any  public  work,  the  auditor  shall,  as  soon  as  the 
work  is  completed,  transfer  the  balance  remaining  to  the  account  or  fund 
from  which  it  was  originally  ai»pr()j)riated.     (M.  C,  sec.  2292.) 

Sec.    2421.     To    have    free    access    to    books     of     officers.— 

To  enable  the  auditor  to  execute  the  provisions  of  this  chapter,  it  is  hereby 
made  the  duty  of  all  city  officers  having  any  books,  records  or  accounts  in 
their  possession,  to  allow  the  auditor  free  access  to  the  same,  to  make  such 
examination  as  he  may  deem  necessary.      ( 'SI.  C.  sec.  22!l.">.') 

See  2422.  Trial  balance  to  be  made  monthly The  audi- 
tor shall  make  and  keep  a  "trial  balance"  of  his  genera!  ledger  once  each 
month,  and  shall  include  in  his  annual  and  semi-annual  I'cports  to  the  com])- 
troller  a  copy  of  his  "trial  balance,"  and  shall  communieate'  such  other  in- 
formation pertaining  to  the  business  in  his  office  as  may  be  required  or 
rendered  necessary.     (M.  C,  sec.  2294.) 

See.    242.3.     Statements    to    be     rendered     by     comptroller 

charged  to  collector,  etc. — The  city  comptroller  shall  render  to  the 
city  auditor  a  statement,  accomjianied  by  a  receipt  from  the  city  collector, 
of  all  licenses,  tax  bills  and  other  bills  countersigned  by  him  and  turned 
over  to  the  collector,  whenever  and  as  often  as  any  licenses  or  bills  shall  be 
so  delivered  to  the  collector,  and  thereupon  the  auditor  shall  charge  the  col- 
lector with  the  amount  so  reported  by  the  comptroller.  And  the  comp- 
troller shall  furnish  the  auditor  with  all  settlements  made  with  the  officers 
of  the  city,  and  such  other  statements  as  may  be  deemed  necessary  to  ef- 
fectuate the  purposes  of  this  chapter.     (M.  C,  sec.  2295.) 

Sec.  2424.  Books  and  records— what  to  be  kept.— The  fol- 
lowing books  and  records  shall  be  kej)t  by  the  auditor  in  his  office: 

First — A  record  of  claims:  With  appropriate  columns  and  headings, 
wherein  shall  be  entered  every  account  allowed  or  paid,  showing  on  what 
account  made,  its  date  and  name  of  claimant,  the  amount  claimed,  amount 
allowed,  amount  rejected,  number  of  warrant,  the  fund  paid  from  and  such 
other  information  as  may  be  desirable. 

Second — Warrant  books:  With  stubs  showing  the  date  of  warrant, 
their  number,  amounts,  the  fund  ]>ai(l  from,  the  numbers  of  claims  and 
names  of  claimants,  and  such  other  information  as  may  be  useful;  which 
stubs  shall  be  kept  and  preserved  as  records  of  warrants  issued. 


AKT.    111.  I  •  OK  COMPTr.m.I.KIt 


1089 


Tliinl— 15ills  pavalilc  liooks:      liiin  which   |sli;ill  I ntci-ctl]  all  Ih.iuIs. 

iioti's,  hills  aixi  all  i.lhcp  wiilicii  i>l>li;,'al  inns,  j^ivni  or  itavahlc  liv  Ihr  cilv. 
with  tin-  iiaiiic  ol'  Ihc  iiiakcr.  \>:^\^^^^  aii<l  ImldiT.  and  ihc  (inn-  when  |)avalilc. 
|ii'inri|ial   ami   interest. 

Fuiii-ih  Mills  and  aceounts  leceivahle  hciuks:  Inin  which  shall  he  en 
teivd  all  demands  and  claims  held  In  Ihc  city  a}i:ainst  other  persons  or  cor 
porations,  whether  written  oltli-jations  or  ojien  acc<iunts.  whether  for  the 
sale  of  lands  or  property,  or  other  Ihin^'.  or  for  rent  or  other  consideration, 
which  shall  represent  the  names  of  delilors.  chaiactei-  of  chiiiiis  and  oiilif^a- 
lion,  the  amonnt  thereof,  and  when  due  and  payalile. 

I'ifih  -Kofjister  of  Imnds  of  Ihe  city:  With  apjiropriale  columns  and 
lieadinjjs,  lepi-esentinj;  dale  of  issne.  to  whom,  on  what  account  and  when 
payable,  sliowinj;  amount  (d'  lionds.  rate  of  inteicst,  and  amount  of  semi- 
annual  coiipuns  and  all  nlhcr  necessary  informal  inn.     i  .M.  ('..  .sec.  22!)(!.) 

.VKTICl.i:    III. 

OF  CO.Ml"ll;c'l.l,i:il.« 

See.  242.5.  (Hli«'t>  creuteil.  There  is  herein  crealed  the  oflice  of 
<-oinptrolIer.     i  .M.  ('.,  see.  L'297.) 

See.  2426.  Bond  of  foiuptrollci-.  Ihe  (i.m|Hrnlier  shall  give  bond 
to  the  city  in  the  sum  of  thiee  hundred  ilnuis,iud  dnllars.  with  not  less  than 
throe  gnnd  securities,  holders  of  unincumbered  real  estate  in  the  (Mtv  of  St. 
1-ouis,  to  be  upjiroved  by  the  mayor  and  cnunc  il.     i  .M.  (_'..  sec.  2l.'!)8.) 

Same  n.H  Cluirt^T.   .Vrt.   IV.  soc.   2U. 

Sec.  2427.     Comptroller's  powi'rs  ami    <liili4>s The  enmi^trnller 

shall  exereisp  a  ■;eM(  imI  siipeivisinn  n\er  Ihe  tisial  all'airs  (d"  the  city,  (he 
collection  and  i-etui'H  into  the  treasui'y  anil  disbursement  of  ail  revenue  and 
inniu'vs  nf  the  city;  <d"  all  ])roperty.  assets  and  claims  and  the  sale  or  other 
disposition  thereof,  ami  by  and  with  th<-  advice  and  consent  of  Ihe  mayor, 
shall  stx'  that  all  necessary  official  ami  lefjal  pi-ocee(iin;;s  are  had  for  the 
protection  of  the  city's  interests  in  all  such  jjroperty,  assets  and  claims; 
that  |ii-oper  rules  and  i'e;;ulat  ions  are  ]>rescribe(l  ami  observed  in  relation 
lo  all  accnunts,  .settlements  and  re|)orls  connecfed  with  the  fiscal  concei-ns 
nf  the  city:  thai  im  liability  is  incurred  or  expenditure  made  from  Ihe  treas- 
ury withnut  due  authority  of  law,  and  that  appropriations  are  not  f)vi'r- 
drawn,  lie  is  esix-eially  charfjed  with  Ihe  preservation  of  the  credil  and 
faith  <d'  the  city  in  relation  to  the  public  tiebt  and  other  liabilities,  and 
whenever  it  is  nece,s,sary  to  meet  payments  tliereof,  |)rincipal  or  interest, 
lie  shall,  with  the  written  a])proval  <d"  the  mayor,  make  his  requisition  fm- 
a  warrant  on  the  Ireasni-y  for  that  piirjiose.  and  shall  with  Ihe  mayor's  writ 
ten  approval,  do  and  |ierforin  any  and  all  other  acts  and  things  not  incon 
sistent  with  the  prox  isions  of  the  charter  and  any  ordinance  thereunder, 
as  are  prn|K'r  lo  acennijilish  the  duties  contemplated  herein.  Me  shall  make 
annual  ii-ports  to  the  municipal  assembly  and  to  the  mayor  at  his  recpiesl 
on  the  financial  conditions  and  re<piiii>nients  of  tlie  city,  with  careful  stale- 
ments  ami  estimates  of  receipts  and  expenditures.  The  records  in  his  of 
tice   shall    show    the   tinancial    operations,   condition,    property,   a,s,sels   and 


•Charter  provisions  atrcctlnK  comptroller:  Art.  IV.  seen.  1.  20.  23,  24,  I»: 
Art.  V,  spcs.  5,  S,  12.  13,  2S,  28.  2»:  ArL  VI,  sors.  10.  21.  26.  Art  VII.  ».•<..  10:  IX, 
sec.  8;  XII.  spc    ":  XIII.  sec.  6:  XVI,  urcs.  Tr  H. 


1090  REVISED  CODE  OR  GENERAL  ORDINANCES.  ICHAP.   37. 

claims  of  the  city,  the  expenditures  authorized  for  public  work  and  all  con 
tracts,  with  name  of  contractors,  in  wliidi  the  city  is  interested  and  tin- 
bonded  or  ntlier  indebtedness  of  the  cily.  He  shall  require  all  claims,  re- 
turns, settlements  or  reports  to  be  vei-itied  by  affidavit.  He  shall  counter- 
sign all  warrants  drawn  on  the  city  treasury  for  any  payment  except  as 
hereinafter  provided,  and  shall  duly  record  the  amount  and  nature  of  same. 
He  shall  have  access  to  the  books  and  other  records  of  any  department 
under  the  city  government,  whenever  he  so  desires,  and  he  shall  see  thar 
the  accounts  of  the  city  are  kept  in  a  plain,  methodical  manner.  He  shall 
have  a  .seat  in  either  branch  of  the  municipal  assembly,  with  the  right  tc 
debate  on  any  question  pertaining  to  hi.s  depai'tment,  but  shall  have  no 
vote.  Should  any  judgment  be  rendered  against  the  city  for  which  no 
provision  has  been  made  by  ordinance  or  otherwise,  the  com[)troller  is 
authorized,  with  the  approval  of  the  mayor,  to  effect  a  temporary  loan  to 
meet  the  same;  and  to  do  and  perform  all  other  acts,  with  the  approval  of 
the  mayor,  necessary  to  preserve  the  credit  and  property,  or  rights  of  the 
city,  and  perform  such  other  duties  as  may  be  provided  by  ordinance.  All 
delinquent  or  sjtecial  tax  bills,  and  all  other  claims,  marshaTs,  .sheriff's  or 
constable's  deeds,  or  certificate  of  sale  in  the  nature  of  liens  on  ])roperty  in 
which  the  city  is  directly  or  indirectly  intei-ested  as  owner  or  ci-editor,  shall 
be  deposited  with  the  comptroller,  and  his  leceipt  taken  therefor  and  filed 
with  the  auditor.  He  shall  keep  a  full  and  complete  register  thereof,  and 
whenever  the  treasurer's  receipt  is  presented  and  filed  in  his  office  for  any 
such  bill  or  claim,  he  shall  release  the  same  on  the  register,  aiid  when  neces- 
sary the  mayor  and  comptroller  shall  execute  a  ijuitclaim  deed  for  the 
property  redeemed.     (M.  C.  sec.  -l![)!t.) 

See  Charter,  Art.   IV',   sec.   20;  V,   sfc.   2G:   VI,   sec.    24:   ana  notes   thereto. 

Sec.  2428.  Offices  of  fir.st  as.sistant  and  secoinl  assistant 
comptroller  created — duties  and  powers. — There  i.*  hereby  createii 
the  office  of  first  assistant  comptroller,  and  second  assistant  compti'oller. 
The  first  assistant  compti-oller  and  the  second  assistant  comjitroller  shall 
be  appointed  by  the  comptroller,  subject  to  ajjproval  by  the  mayor,  and 
shall  perform  such  duties  as  the  com]itroller  may  direct,  and  the  first  as 
sistant  comptroller,  in  the  case  of  the  absence  or  sickness  of  the  comptrol- 
ler, shall  perform  all  the  duties  of  the  comptroller,  and  the  second  assistani 
comptroller  shall  in  like  manner  perform  all  the  duties  of  the  comptroller, 
in  the  ca.se  of  the  absence  or  sickness  of  both  the  comptroller  and  first  as- 
sistant comptroller,  and  said  officers  when  performing  the  duties  of  comji- 
troller,  shall  designate  themselves  as  "acting  comptroller."  and  the  comp 
troller  and  his  securities  shall  be  responsible  for  the  official  acts  of  the 
first  assistant  comptroller  and  second  assistant  comptroller.  (M.  C,  sec. 
2300.) 

Sec.  2429.     Office  of  supervising  accountant  and  statistician. 

— There  is  hereby  created  the  office  of  supervising  accountant  and  statist! 
cian.  The  supervising  accountant  and  statistician  shall  be  aj)pointed  by  the 
comptroller,  subject  to  approval  by  the  nmyor,  and  shall  perforTU  such  duties 
as  the  comptroller  may  direct.  In  case  flie  com])lroller.  the  first  assistani 
comptroller  and  the  second  assistant  com|itroller  should  all  be  absent  or 
sick  at  the  same  time,  the  supervising  accountant  and  statist ician  shall 
perform  all  the  duties  of  comptroller  and  shall  designate  iiimself  while  in 
the  performance  of  such  duties  as  "Acting  Comptroller,"  and  the  comptroller 
and  his  securities  shall  be  responsible  for  the  official  acts  of  the  supervis- 
ing accountant  and  statistician..   (Ord.  21407,  sec.  2300  A.) 


Airr     111.)  OF  CKMl'TnoLKKK.  lOill 

Si'i".  2430.  Sal  a  r  i «' M  -Tlif  (  oiii|«lriillcr  shall  rcn-ivc  an  amuial  sal 
ary  of  five  Ilioiisaml  dollais.  ilic  lirst  jissislaiit  ctuniplrdllci-  an  animal  sal- 
ary of  twt'Mtv  live  Inindrcil  (Inllars,  tlic  sccoml  assistant  coinptrollcr  an  an 
iiual  salary  t)f  eifihtocn  Imiidri'd  dollars,  and  the  sinicr\  isini;  acconntant  and 
statistician  an  annual  salary  of  twenty  live  linndri-d  ilidlars.  (M.  <j.,  sec. 
-S.m,  and  ..id.  L'l  K>7,  sec.  'S-Wl  A.( 

Ord.   '^1407  llxcd   tile  .sniary  ••(  tin-  new  officor    (llw  .s-tatl.-<tli'ian  >   created   In    the 
sami'  or<ltnan<M-. 

Sl•(^  24.il.  ("U'rks  iua>  lir  apiMiiiitt-d — salaries. — The  coniji- 
tr«)llcr  is  li('rel)y  authorized,  with  the  a|i|iroval  of  the  mayor,  to  appoint  the 
clerks  eni|iloye<l  in  his  office,  and  (h'teriiiine  the  nnniher  thereof.  Their 
<'Oinpensat  ion  shall  be  as  fidlows:  iV'ol  e.xceediiii;  I'onr  clerks  at  (ifteen 
liiindred  dollai-s  per  aninini.  each;  not  exi-i-edin;.;  live  clerks  at  twelve  hnn 
dred  dollars  jier  annniii,  eacli.  .-ind  all  (dher  clerks  and  employes,  employed 
permanently  or  tem|iorarily.  at  the  rate  of  nine  liiindred  dollars  each.  The 
comptroller  shall  prescrilie  regulations  delinin<;  their  duties,  and  for  their 
•I«ivernment.     (M.  < '.,  sec.  2;{02.) 

Sec.  2432.     I)t'<Mls,    to     ctTlaiii     pr«»porty,    (■oiiintrollor     aiul 

ina\<H*  to  (>x«'<'uf«'.  The  mayor  and  comptroller  are  hereby  authorized 
aijd  directed  to  issne  (piitclaim  deeds  to  the  parties  from  whom  the  city 
acipiired  title,  or  to  their  legal  reju-esenfatives,  for  all  pro])efly  bought  by 
the  «'ilv  of  St.  Louis  for  assessments  of  benefits  in  o]iening  streets  and 
.illevs.  '  I  M.  <"..  sec.  2:{(>;{.i 

Sec.  243,3.  I'lirrliasc  inoiu'y  aiui  t'xpeiist's  to  Iw  paid  ln'- 
foro  delivery  of  d«'«'d— «'x<'«'plions. — Hcfore  any  sueli  deed  shall 
issue  tlie  amcmnt  of  the  purchase  money  paid  by  the  city  for  such  j)roj)- 
erty.  as  also  all  money  «>xpended  by  the  city  on  account  of  such  property, 
together  with  inler«»st  at  the  rate  of  six  per  cent  per  anTium,  from  the  dale 
of  pnr(has(>  and  I'xpendiinre  of  money  aforesaid,  and  costs,  shall  be  [laid 
into  the  city  treasury,  and  a  receipt  for  the  same  filed  with  the  comptrojlei-, 
and  theren|ion  a  deed  shall  issiu'  for  the  property  so  redeemed.  Provided, 
however,  that,  in  all  cases,  in  which  the  ("ity  of  S(.  Louis  has  [lurcha.sed 
any  real  property,  or  any  interest  therein,  undt-r  a  judgment  or  execution 
in  a  street  or  alley  ])roc«H'ding  originating  prior  to  October  twenty-second, 
eighteen  hundred  and  seventy-six,  or  there  exists  an  unsatisfied  special  as- 
."essment  of  the  above  char.acler  in  favor  of  the  city,  the  proix-rty  alfec/ed 
may  be  re<lecnied  ujion  the  following  conditions,  namely:  In  cases  wher<- 
the  projierty  was  pnrcliasetl  by  the  city  under  a  judgment  or  execution, 
there  shall  be  paid  into  the  cily  treasury  one-half  of  the  amount  of  pur 
chase  money  named  in  the  dee<l  and  thereupon  a  deed  shall  issue  for  the 
property  .so  redeemed,  providing,  however,  that  this  section  shall  not  apjily 
to  jiroperfy  of  which  the  city  is  in  pos,session.  In  cases  where  there  exists 
an  tinsatisfied  special  assessment  of  the  character  described  above  there 
shall  be  paid  into  tlie  city  treasury  one-half  of  the  amount  of  the  original 
assessment,  and  thereupon  such  special  assessment  shall  Iw  niarke<]  .satis- 
ficfl  on  the  recoi-ds  in  the  comptroller's  office.     (  >L  ('.,  sec.  2.304.) 

Sec.  2434.  No(i<'«>  in  Im-  ^ivrn. — Tin-  comptndler  is  hereby  au- 
thorized to  notify  the  jiarties  interested  herein,  in  such  manner  as  to  tiim 
shall  siH'in  most  r'xpedient.     i  .M.  ('..  sec.  2.30.". i 

Si-r.   243.>      <'<Miipli'olli-r    to    t'xainiiM-     hooks    of    «»tlir«'rs. — li 

shall  l>c  the  duly  of  the  comptroller  to  make  ]iersonal  examinations  of  tin- 


1092  REVISED  CODE  OK  OKNRRAL  ORDINANCES.  [CHAP.  37. 

books  of  the  treasurer  and  other  officers  whenever  and  as  often  as  he  mav 
think  proper  or  the  interest  of  the  city  may  require,  and  in  conjunction 
with  the  committee  on  ways  and  means  of  botli  houses  of  the  municii)al  as- 
sembly, shall  ascertain  by  actual  count  the  balance  on  hand  in  the  treas- 
urer's office,  or  subject  to  his  control ;  provided,  that  such  examination  and 
count  shall  be  made  as  often  as  once  in  each  month.     (M.  C,  sec.  2306.) 

Sec.  2486  What  fonu.s  to  bo  prescribed  by  <'(»iin>troller — 
responsibility  for  entire  fiscal  nianajjenient.— The  forms  of  ac- 
counts and  claims  presented  for  allowance,  the  funds  from  which  they  are 
to  be  paid,  the  form  and  manner  in  which  the  books  of  the  several  fiscal 
officers,  except  the  city  auditor,  are  kei)t,  and  ail  reports,  returns,  settle- 
ments, blanks  and  other  thin<>s  pertaiuinj;;  to  the  management  of  the  fiscal 
affairs  of  the  city,  shall  be  subject  to  the  direction  and  approval  of  the 
comptroller,  and  beiii<;  responsible  for  the  accuracy  and  efficiency  of  the 
system  of  business  iu  his  dei)artment,  it  is  his  duty  to  see  that  tliese  regu- 
lations and  such  other  necessary  rules  or  instructions  are  prescribed  and 
observed  as  are  necessarv  to  effectuate  the  purposes  contemplated  herein. 
( M.  C,  sec.  2307. ) 

Charter.  IV.  sec.  20. 

Sec.  2437.  Reports  of  <'oniptroller. — The  comptroller  shall  pre- 
pare his  annual  and  semi-annual  reports  upon  the  financial  conditions  of 
the  city  according  to  the  ])rovisions  of  the  charter  and  ordinances,  and  shall 
lay  the  same,  together  with  the  reports  of  the  other  fiscal  officers,  before 
the  mayor,  for  his  inspection,  and  to  be  by  liim  submitted  to  the  council 
annually.     (M.  C.  sec.  2308.) 

Charter.    .\rt.    IV.    sec.    4S 

AKTKJLK  IV. 

OF  trea.surkf:.* 

Sec.  243S.  Office  created. — There  is  heret»y  created  the  office  of 
treasurer.     (M.  C,  sec.  230!>.) 

Sec.   2439.     General     duties    specified — bond— city    deposits. 

— It  shall  be  the  duty  of  the  treasurer  to  receive  and  keep  the  money  of 
the  city  and  ])ay  out  the  same  on  the  warrants  drawu  by  the  auditor  and 
countersigned  by  the  comptroller,  except  as  hereinaftei-  ]>rovi(led.  All 
moneys  belonging  to  the  city  I'eceived  by  any  officer  or  agent  (hereof,  either 
from  collections,  loans,  sale  of  bonds,  fcn^s,  fines  and  penalties  or  other- 
wise, shall  be  dei)osited  in  the  city  treasury  regularly  once  a  day,  unless 
otherwise  provided  by  law  or  ordinance,  and  in  case  the  provisions  of  tliis 
section  are  not  complied  with,  it  shall  be  the  treasurer's  duty  to  re]>ort  any 
delincjuencies  to  the  mayor.  He  shall  give  tri{>licate,  oi-  rpuidruiilicate,  re 
ceipts  as  may  be  required, in  all  cases;  (me  for  the  party  i)aying,  one  for 
the  auditor  and  one  for  the  comptroller,  which  shall  set  out  the  amounts 
I)ai(l,  from  what  it  proceeds,  and  to  what  account  credited.  .VII  pay-rolls 
when  audited  and  placed  in  the  treasurer's  hands  for  iwymeut  shall  be 
charged  against  liim  on  a  separate  account  to  be  known  as  "treasurer's  i)ay 
roll  accounl."  On  the  Saturday  preceding  the  clo.se  of  each  fiscal  month 
the  treasurer  shall  relui'ii  to  the  auditor  all  pay-i'olls  n'ceived  by  him  during 
the  preceding  calendar  month.     The  auditor  shall  e.Kamine  the  pay-rolls  so 


•Charter   provisions   aft'ecting  treasurer:      Charter.    Art.    IV.    sees.    1,    22,    24,    30. 
■IS;   Art.   V.  sees.  7,  31;   .\rt.  IX.  sec.  9.   Art.  VI,  se.c.   6;   Art.  XVI,  sec.   IS. 


AUT.    IV  I  OK   THKASIKKK 


1093 


ictiirucil  and  nvdii  the  "in-asuiiTN  pa>  roll  arcouiil"  willi  the  aiiKinnt  paid 
tlicrt'oii  and  cliarj;!'  tbo  (ri-asurcr's  m'licral  accoiini  wiili  ih(>  anioiml  re- 
iiiaiiiiii','  im|iaid.  The  jtay  rolls  so  n-turncd  to  ilic  auditor  shall  lie  tiled  liv 
hiitj  uilli  llic  respective  orijriiial  vouiliers  in  his  ol'lice.  The  aiiionnts  le 
niainiiij;  due  on  payrolls  shall  be  entered  liy  the  auditor  upon  a  hook  ke|)r 
lor  that  |iui-pose,  names,  sums,  aecount,  nundier  and  dale  of  tlu'  orij^inal 
Noucliei-,  and  such  amounts  shall  tliereafter  be  i)aid  only  by  separate  war 
lanis  or  pay-rolls.  Duriuj;  the  time  the  payrolls  i-emain  in  the  treasurer's 
hainls  tlio  amounts  due  on  same  shall  be  sejiaiately  aeconnied  loi-  by  said 
ireasuiHM"  in  his  <Iaily  reports  to  the  mayor  and  e<Miipti-oller.  His  books  shall 
.•it  all  limes  be  open  to  the  ins]ieetioii  of  the  mayor,  comiilrolier  or  any  inem- 
JM-r  of  the  miinieipal  assembly,  and  h<-  shall  fuiiiisli  an  itemized  rejiorl  of 
the  rondiiion  of  tin-  treasury  each  day  to  the  mayor  and  coniidroller.  lie 
shall  j:ive  bond  for  the  faithful  performaiie(>  of  his  duty  in  the  sum  of  live 
hundred  thousand  d<dlars,  with  not  loss  than  live  securities,  wlio  shall  be 
holders  of  unincumbered  real  estate  within  the  city,  to  be  approved  by  the 
mayor  and  council.  The  mayor,  comptroller  aiul  treasurer  shall  annually 
selcci  a  bank  or  bankinj:  institution  which  shall  <;ive  the  hij;hest  rale  of 
interest  foi- I  he  current  deposit  of  the  city's  funds;  pi'ovidcd.  however,  before 
any  dejiosil  shall  be  made  therein  by  the  treasurei- llie  said  banks  or  baiikin;i 
institutions  shall -^ive  a  bond  for  live  bundi-ed  thousand  dollars,  with  j;ood 
and  suflicient  securities,  to  be  approved  by  an  unanimous  vote  of  the  fund 
commissioners,  for  the  siife-keepiuj;  and  jiriunpt  payment  of  said  funds  or 
any  pail  thereof  when  demamled  l>y  the  treasurer  and  shall  at  all  limes  ki-ep 
ihe  securities  on  its  bond  satisfactory  to  said  commissioners.  Provided, 
however,  I  hat  unless  directed  by  the  mayor  and  comjd roller,  the  bank  olTer 
ini;  Ihe  hij;liesl  rale  of  interest  for  such  cui'reiil  di'jiosils  shall  be  enlitled 
lo  the  tirst  livt-  hundred  thousand  dollars  thereof,  the  bank  olVerin-x  \ho  next 
hi{;hest  rate  to  the  next  live  hundred  thousand  dollars  thereof,  and  so  ou 
until  the  amount  to  be  deposited  is  provided  for;  and  tliereafter  the  treas- 
urer shall,  unless  otherwise  diin'cted  by  Ihe  mayor  and  comptrolhT,  draw 
lirst  ajiainst  the  de|iosit  in  the  bank  oll'erinj:  I  lie  lowest  rale  of  interest  until 
such  deposit  is  exhausted,  and  then  next  upon  the  deposit  iu  the  bank  olTer- 
im:  the  next  lowest  rate  of  interest,  and  so  on  di'awini;  aj^ainsl  the  deposit 
drawiu";  the  lowt'sf  rate  of  interest  until  it  is  exhausted,  and  shall  not  draw 
a;;ainst  the  <leposit  in  any  bank  payinj^  u  lii}ilier  rate  of  inler<'st.  until  the 
amount  of  dejtoslt  in  the  bank  paying  a  lower  rate  of  interest  is  exhausted; 
and  whiMi  the  deposit  in  a  bank  so  authori/.<'d  to  be  drawn  upon  is  exhatisl- 
ed.  the  treasni-er  shall  not  be  entitled  to  draw  upon  the  baidc  payin<;  the 
m-xt  hiubesl  rale  of  interest  until  the  oflicers  of  such  bank  shall  be  notified 
by  the  comiilrolier  that  the  fiinil  in  such  bank  is  needed  and  will  ihereafler 
Im'  drawn  upon;  and  in  makin<;  deposits  Ihe  treasurer  shall,  unless  otherwise 
directed  by  the  mayoi  and  compiitdler.  till  up  the  total  amount  to  bo  de- 
(Misited  in  the  banks  in  the  order  of  the  rate  of  interest  )iaid  by  each,  and 
shall  not  de(M)sit  in  a  bank  payiiif;  a  lower  raw  of  inleresi  until  the  amount 
to  be  deposited  in  the  bank  jiayin;;  tin-  next  hiirher  rale  of  interest  shall  have 
received  ihe  full  amount  to  be  <le]iosited  therein.  .\nd  il  shall  be  the  dul.\ 
of  the  bank  so  auihori/.ed  to  be  drawn  upon,  at  the  close  of  each  day's 
business,  to  mail  a  statement  to  the  comptndler  showin-;  the  balance  due 
lo  the  credit  of  the  city  at  tlie  i  l..vi-  of  biisimss  hours  for  that  day.  (M.  C 
.sec.  2:n(».) 

S<1-    Clliirl.  r      IV      ^.  .        .-     ,11     r,..f      t'Mr.  1.1 

Sec.   2441).     .\«l<li(ion:il    rules.— It  shall   further  be  ibi'  duty  of  the 

Iri'asurer:     First.     To  kwp  in  jiroper  books  a  full  and  comprehensive  ac- 

L  count   of  all   moneys  received  ami  delivered   by  him   in   Iwhalf  of  the  city. 

D  rejirespntinf;  the  tinte  wben,  and  the  |KM"sons  from  whom  all   funds  are  re- 


1094  REVISED  CODE  OR  GENKRAL  ORDINANCES.  [CHAP.   37. 

wived  as  well  as  the  time  when,  aaii  to  wlioiii  all  moneys  ate  paid  out.  and 
ou  what  accouut  all  moneys  are  received  and  disbursed.  Second.  To  keep  a 
register  of  all  warrants  which  are  received  into  the  treasury  redeemed  and 
j)aid,  describino;  all  warrants  by  their  dates,  amounts,  numbers  and  the 
names  of  the  payees,  and  sj)ecifying  the  time  when,  from  whom  and  on 
what  account  they  are  received  and  i>aid  respectively,  and  all  wan-ants  so 
redeemed  and  paid  shall  be  canceled  by  the  treasurer.  At  the  close  of  each 
day  he  shall  turn  tiie  same  over  lo  the  auditor,  together  with  a  list  of  the 
same,  taking  the  auditor's  receipt  on  his  casli  book  for  all  warrants  so 
turned  over.  The  auditor  shall  daily  credit  the  treasurer's  account  with  the 
aggregate  amount  of  warrants  so  returned  to  him  by  the  treasurer,  and 
shall  report  said  aggregate  amount  of  warrants  returned  to  him  to  the 
comptroller.  The  warrants  so  returned  shall  Ik^  filed  by  tlie  auditor  with 
the  vouchers  in  his  office.  Third.  To  settle  at  the  clo.se  of  each  month  with 
the  comptrollei-  and  auditor  all  accounts  on  his  books,  and  to  ascertain  and 
state  therein  tlie  balance  of  funds  in  his  hands.  Fourth.  To  deposit  daily 
to  the  credit  of  tlie  city,  in  the  bank  or  banking  institutions  selected  there- 
for, as  provided  in  section  2439,  all  moneys  in  his  office  at  the  close  of 
banking  houi's,  except  sufficient  currency  to  meet  the  necessary  expenses 
during  the  remainder  of  the  day  not  exceeding  ten  tliousand  dollars.  The 
treasurer  shall  i)erfoiin  all  othei-  duties  re(|uired  of  him  l>v  law.  (M.  C., 
sec.  2311.) 

Sec.  2H1.     Prohibition  from   iter-sonal   use  of   iiioiiey.s. — The 

treasurer  is  hereby  exf)ressly  proiiibited  from  |)aying  out  or  using  himself 
or  allowing  any  one  else  to  u.se,  directly  or  indirectly,  any  of  the  public 
Ji'cneys,  warrants,  checks,  or  other  evidences  of  debt  in  his  custody  or  under 
his  control  I'oi-  any  purpose  whatever,  public  or  i)rivate.  which  is  not  au- 
thorized by  law  or  ordinance,  and  any  vi(dation  of  the  provisions  of  this 
section  shall  cau.se  a  forfeiture  of  his  office.     (M.  L'.,  sec.  2312.) 

Sec.  2442.  A.ssi.staiit  treiLSurer  and  (ither  employes — dn- 
ties,  etc. — There  is  hereby  created  the  ortice  of  assistant  treasurer,  who 
shall  act  as  teller,  also  the  office  of  paymaster,  also  the  offices  of  two  clerks 
and  one  assistant  clei-k,  each  of  whom  shall  be  appointed  by  the  treasurer 
subject  to  the  approval  of  the  nu^yor,  whose  duties  shall  be  as  follows:  The 
assistant  treasurer,  in  the  absence  of  the  treasurer,  shall  perform  all  the 
necessary  duties  of  the  treasurer;  the  i)aymaster  shall  have  charge  of  all 
pay-rolls  of  the  city,  and  it  shall  be  his  duty  to  receive  from  the  treasurer 
I  he  amount  of  money  necessary  to  i»ay  such  jiay  rolls;  all  such  payments, 
whenever  pr.'icticable,  shall  be  made  by  such  jiayniaster  at  the  treasurer's 
office  in  the  city  hall;  such  as  cannot  be  jiaid  tliere  shall  be  paid  by  such 
])aymaster  at  some  convenient  place  near  the  points  at  which  the  persons 
to  be  paid  arc  at  work,  to  be  determined,  from  time  to  time,  by  the  pay- 
master, subject  to  the  approval  of  the  treasurer. 

The  assistant  treasurer,  the  paymaster,  the  two  clerks  and  the  assistant 
clerk  shall  also  perform  such  other  duties  as  may  be  prescribed  by  the  treas- 
urer and  shall  each  be  subject  to  the  orders  of  the  treasurer,  and  may  be 
removed  by  him  at  any  time.  It  shall  also  be  the  duty  of  the  assistant 
treasurer  at  th(!  close  of  each  day's  business  to  notify  the  comptroller  of  the 
number,  character  and  amount  of  each  bond  or  coupon  of  the  City  of  St. 
Louis  paid  on  that  dav  at  the  office  of  the  treasurer.  (Ord.  19970,  amend- 
ing M.  C,  sec.  2313.) 

This  .si-ctliin   whs  anain  anuiul.Ml  l.y  oni.   23084.  approved  Juno   25.  1907. 


AUT.   I.J  i>F  ASSICSSOK    ANI>  COLLKCTOH.  1()95 

Soi'.  i>44.'{  TroaMiiror  r«'s|Mni.sil»h»  f«»r  acts  «»f  oniplojea — 
t)i)iuls. — The  trt'asnrci-  sli;ill  lie  rcspoiisiljlc  (ov  Iln'  acts  of  liis  siilionlinatp 
or  ajipointct's,  and  shall  ici|iiiro  of  <'ach  sulioiiiiiiatc  or  ap]ioiiit('o  a  boml 
in  such  amount  as  he  inav  (Ici-ni  ntM-fssary,  ioiitiitioue<l  for  the  faitliful  per 
forinance  of  all  the  duties  pertaiiiin<;  to  the  ])osition  to  whirh  he  lias  be«'n 
appointed.     (M.  C.  sec.  L':n4,  and  ord.  19970.) 

See.  LM44.     Itiilos  as  («  transaction  of   business   may   l>o   ew- 

t  a  b  I  i  s  h  (>  (I. — The  trcasurt-r  niav  establish  such  rules  and  re^'ulatious 
for  the  transaction  of  business  •leuerall.v  in  his  oftice,  ami  especially  in  re- 
lation to  the  payment  of  jiay  rolls  of  the  .several  deiiartments  and  jmblie 
institutions  as  he  may  deem  expedient,  subject  to  the  aitproval  of  the  mayor, 
not  inconsistent  with  the  eliaiter  and  ordinances.      i.M.  C.,  see.  L';{L,^.) 

See.  2445.  II<)r.s<'  an«l  bii;jj;j  allowtMl  olliee. — One  horse  and 
l)Uf;j;y  shall  Ik-  allowed  to  the  office  of  the  city  treasurer,  to  be  acquired 
and  maintained  at  the  expense  of  the  city;  the  purchase  jirice  of  the  outfit, 
consisting;  of  a  horse,  bufi-.'y  ami  harness,  shall  not  e.vcced  three  hundred 
and  seventy  five  dollars.     (M.  <".,  sec.  'J:ur>.) 

Sec.  244().  Salaries. — The  treasurer,  the  assistant  treasurer,  the  pay- 
nuister,  the  twii  clerks  ami  the  assistant  clerk  shall  receive  the  followiuji 
salaries:  Ti-easurer.  live  thousand  dollars  ]ii'r  annum:  assistant  treasurer, 
two  hundred  dollars  per  month;  paymaster,  one  hundred  and  seventy-five 
dollars  per  month;  two  clerks,  each  one  hundred  and  twenty-five  d(dlars  per 
month;  assistant  clerk,  one  huudred  dollars  per  month.     (Ord.  1!»!)7().) 

Tills  .spcHon   is  amended  by  ord.   230S4.  approved  June   25.   1907. 


CHAPTER  38. 

W.VTI-^K  n.\TE.«.  DKPARTMENT  OF. 

.VRT.  I      I  )f  a».'<rs.'<or  and   eolli'i'tor. 

II.     or  sn-immin^  batli.*i. 
III.     of  watiT   rates. 

ARTICLE  T. 

OF    ASSIvS.'SOi:    AND    COLMCCTOI:  • 

See.  •_'447      <Mlirt'   assessor    and    <'ollee(or    ere.iteil There    is 

hereby  estatili.'«lieil  and  created  the  office  of  the  assessor  and  collector  of 
water  rates.      i  M.  ('..  sec.  'J.'IlS.i 

See.  244>.  A|t|>4»intin«-iit .  The  as.sessor  and  collector  of  water  rates 
■iliall  be  a|>poiiited  by  the  mayor  and  confirmed  by  the  council,  and  shall 
ludd  his  oftice  for  the  term  of  four  years,  and  until  his  successor  is  duly 
.ippointed  and  ipialilied.     i  M.  (".,  sec.  'J31!).| 

See  Charter,   Art.   VII.  s.i-     ; 

Sec.  244!»  Salary.  -The  assessor  .and  collector  of  water  r.ites  .shall 
receive  a  salarv  of  three  thousand  didlars  per  annum,  pavable  monthlv.  (M. 
I '.,  sec.  2.121).)" 

Charter  VII.  sec.  8.  His  salary  rannot  be  Increased  durlnir  bis  term,  and  the 
period  durInK  which  he  holds  over  after  his  four-year  term  Is  considered  part 
of  the  term,  so  that  a  law  Increasing  the  salar)*  does  not  apply  to  hlin  durInK 
such   holdover  period:     Stat.'   ex    rol.  vs.   Smith.   ST   Mo.    158. 


•Charter  provisions:     Art.  VII.  sees.  7-13;  Art.  IV.  ices.  J.  *'. 


1096  REVISED  CODE  OR  OKNKRAL  ORDINANCES.  [CHAP.   3>-. 

Sec.  2450.  Bond. — He  sliall,  Itclorc  entering  iijton  llie  duties  of  his 
oCtice,  give  a  bond  in  tlie  sum  of  one  hundred  thousand  dollars,  with  not 
less  than  four  good  sureties,  owners  of  unincumbered  real  estate  within  the 
city,  of  the  assessed  value  of  one  Innidred  thousand  dollars,  to  be  approved 
by  the  mayor  and  council,  conditioned  that  he  will  faithfully  and  punctually 
collect  and  jiay  to  the  treasurer  of  the  city  all  moiic\s  due  and  collectible 
for  and  on  account  ol'  the  water  ^^•(^rks.  and  revenue  derived  therefrom,  and 
that  he  will  faithfully  perform  all  the  duties  of  his  oflice,  and  that  he  will 
cause  all  the  ordinances  in  relation  to  his  office  to  be  strictly  enforced.  (M. 
C,  sec.  2:520  A.) 

Charter,  VII,  sec.  S,  For  a  period  during  wtiicli  lie  liolds  over  after  Ills  regu- 
lar term,  the  sureties  are  liable  on  the  official  bond:  Per  Black,  J.,  in  State  e.x 
ret.  vs.  Smith,  87  Mo.  158,  160,  citing  Long  vs.  Seay,  72  Mo.  64S,  and  State  ex  ret. 
vs.  Kurtzeborn.   7S  Mo.  99. 

Sec.  2451.  Deputy— appoint  iiu'iit — d  ii  t  i  e  .>s— b  o  ii  d  .—The  as- 
sessor and  collector  of  water  rates  shall  have  authority  to  appoint,  subject 
to  the  ajijiroval  of  the  mayor,  a  de]iuty.  who  shall  act  in  his  place  when 
absent,  and  shall  at  all  times  act  as  su]ierintendent  of  district  inspectors, 
and  perforin  such  other  duties  as  nuiy  be  required  of  him.  He  shall  give 
bon(J  to  the  assessor  and  collector  of  water  rates,  with  .security  .satisfactory 
to  the  assessor  and  collector,  in  the  sum  of  twenty  thousand  dollars,  for 
the  faithful  performance  of  his  duties.     (M.  C,  sec.  2321.) 

Sec.  2452.  Employes  enuiiierated. — The  asses.sor  and  collector  of 
water  rates  shall  also  have  authority  to  appoint  such  other  clerks  and  as- 
sistants, as  are  provided  by  this  article,  subject  to  the  approval  of  the 
mayor  and  to  be  designated  as  follows:  One  cashier,  two  jirincipal  clerks, 
eleven  general  oflice  clerks,  one  dranghtsnmn,  one  meter  and  hydraulic 
elevator  inspector,  eight  assistant  meter  and  hydraulic  elexator  inspectors, 
one  night  watchman,  and  twenty  district  inspectors  who  shall  also  act  as 
turnkeys,  and  each  of  s;iid  employes  shall  perform  such  other  work  as  the 
assessor  and  ((illcclor  of  water  rates  mav  require  of  tlumi.  ( M.  C,  sec. 
2;522.) 

I'^or  additional  employees  and  their  salaries,  see  infra,  sec.  24.Ti>;  and  also 
ordinance  23000    (enacted  after  the  Revised  Code). 

Sec.  2453.  Principal  re.sponsible  for  acts  of  employes- 
bond. — The  assessor  and  collector  of  water  rates  shall  he  responsible  for 
the  acts  of  his  deputy,  clerks  and  other  subordinates,  and  may  require  for 
his  own  protection  from  any  of  his  emjiloyes  charged  with  the  collection 
of  money,  a  bond  in  the  jjenal  sum  of  ten  thousand  dollars  conditioned  for 
tlie  faithful  performance  of  theii'  duties,  and  for  the  paying  over  of  all 
moneys  belonging  to  the  city.     (M.  ('.,  sec.  2:l2:i.) 

Sec.  2454.  Salaries  of  deputy  and  clerks.—  The  a})pointees  of 
the  assessor  and  ct)llector  of  water  rates  shall  receive  the  following  com- 
pensation per  anntini  in  full  for  their  services,  payable  monthly,  to  wit: 
l)e]iuty  assessor  and  collector,  tweniy-foiir  hundred  dollars:  casliier,  eight- 
een hundred  dollai's;  ](rliicij)al  clerks,  each,  twelve  hundred  dollars;  gen- 
eral ollice  clerks,  each,  one  thotisand  and  eighty  dollars;  draughtsman, 
twelve  hundred  dollars;  meter  and  hydraulic  elevator  inspector,  twelve  hun- 
dred dollars;  four  assistant  meter  ami  hydraulic  elevator  inspectors,  each 
one  thousand  and  eighty  dollars;  fotir  assistant  meter  and  hydraulic  eleva- 
tor inspectors,  each,  nine  hundred  dollars;  night  watchman,  seven  hundred 


AitT.  i.|  OF  ASSi-;ssi>i;  AM'  iiii.i,|.:rTOi;   oi'  watki:  itATi':.s.  Kigy 

aud  twenty  dolhirs;  twelve  ilistrici  iiis|ieet()rs.  earli  iitic  tlimisaiul  :iiul  einliiy 
dollars;  eiylil  dislrui  inspeLtors,  eaeli,  nine  litindi'ed  dollars.  (  M.  C.  we. 
2.324.) 

See.  2455.  Additional  i-inployrs* — salaries. —  hi  jid<lilinn  Id  the 
ins]ie«-|iirs  and  elerks  now  appoinled  liy  the  assessor  and  eolleetor  of  water 
rates  he  shall  have  authority  to  aiijioint  the  followiii};,  to  wit:  Two  assist- 
ant meter  and  liyilr;mlie  elevator  ins|ieetors,  who  sh.iil  eaeh  receive  the  sum 
of  one  thousand  and  ei;,dily  dollars  per  annntii;  one  district  inspector,  who 
.shall  also  act  as  turnkey,  and  who  shall  receive  nine  hundred  dollars  jier 
aunnni,  and  two  }:;eneral  ollice  clerks,  w  h(»  shall  each  receive  one  thousand 
and  eifjhty  dollars  per  annnin.  all  of  said  salaries  to  Ik'  payable  in  ctpial 
iMoiithly  installments.     (Ord.  2t)21'J.) 

•F!y  oriMmiiuo  :.';!0(I0  (i'MhcUmI  afti'i-  tin-  Hi-vlsol  ("ixli'i.  Iliii<-  Hilditional  clfrkB 
and  inspi'flors  are  provlOi'd  for.  at  |9M  per  monlli.  and  Iwti  InspiM-titra  and  tiirri- 
keyn  at    $"•'•  per  ni'intti.      (Sec  ttifs  ordlnanco   sr-t   mit    In    Appenitix.> 

See.  245G.  Duties  of  as.scs.sor  aiul  <*oII«'<-tor. —  It  >hall  he  the- 
duty  of  said  assessor  and  eolleetor  to  eidleet  all  revenue  ilne.  or  to  become 
due,  to  the  city  for  water,  or  accrnint;  to  the  city  on  account  of  the  water 
works  thereof,  by  virtue  i>(  any  ordinance  now  existiu};  or  hereafter  to  be 
passed  or  otherwise,     i  .M.  ('..  sec.  "J.'!!'."!.  I  , 

(."barter.    .\l  t      \l  I.    .see.    7. 

Sec.  2457.  Moneys  deposited,  wliere — suspension  in  ea.s«'  of 
failure. — At  tlu'  close  id'  each  d.iy  tiie  assessor  mid  coilt'ctor  of  water 
rates  shall  de|iosii  in  the  city  treasury  the  revenue  and  all  other  moneys 
collected  duriiiu  the  day,  taking;  duplicate  receiiits  for  the  same,  one  of 
which  shall  be  deposited  with  the  comptroller  and  one  with  the  auditor. 
Hvery  failure  in  this  respect  shall  be  by  llio  treasurer  and  auditor  reported 
to  the  mayor,  upon  which  the  may<w  may  suspend  or  remove  said  collector. 
I  M.  ('..  .sec.  2.'{2li.( 

Pharter.   .\rt    VI r.  see.  0. 

Sec.    24.")S.     Itlanks    for    water    li<'«'nsi',    etc -It    shall    be   the 

ilnty  of  the  re;,'ister  to  cause  to  be  printed  all  blaid<s  for  water  licenses,  ta]i 
|)ertnit  receipts,  turn  ou  and  other  receijits,  and  deliver  the  same  to  the 
comjitroller,  aud  take  his  receipt  therefor.     ( .M.  C.  sec.  2.'{27.) 

Sec.  2459.      Sam*' — <*onip(r<dI<>r  to  e«Miiit»M"si'>;ii  and   didlver. — 

The  comptroller  shall  countersiy;ii  all  blaid<s  received  from  the  re-jister  for 
water  licenses.  ;ind  deli\er  the  s:inie  to  the  :issessor  and  collector  of  water 
rates  upon  his  reipiisit  ion.  and  t;ike  his  duplicate  receipt  therefor,  express- 
ing; therein  the  uundM-r  of  each  class  of  license  and  the  aj:;;reirate  amount  of 
sjime,  one  of  which  he  shall  tile  with  the  auditor.  No  license  or  receipt  is 
sued  by  the  as.sessor  and  collector  of  water  rates  shall  be  valid  urdess 
counti'rsi;;ncd  by  the  comptroller.      (  M.  C.,  sec.  232S.  i 

•  •linrtor.  .\rt.  VII.  gee.   10. 

Sii\  24fi0.  Report  to  eoniptrolh'r  niontliI>, — The  assessor  and 
I'ollector  of  water  rales  shall,  oii  the  lirst  day  of  each  month,  make  to  the 
comjiiroller  a  full  and  complete  statement  of  all  collections  made  by  him; 
also,  the  number  and  fai-e  value  of  each  kind  of  blank  licens(>s  and  receijtts 
not  used  bv  him.  which  statement  the  lomptroller  shall  examine  and  verify. 
'M.  <■  .  see.  2;!2!l.  I 

Charter.    \'f     \' II 


lODS  i;i;\'[s1':j>  c-ode  ok  oexkral  oni^iNANCEs.  [CHap.  -is. 

Sec.  2461.  Annual  report  t(»  niunicipjil  assembly. — It  shall 
be  the  duty  ot  the  as.sess<)r  and  collcctoi-  of  wati'i-  rates  to  rejiort,  througli 
the  mayor,  to  the  iiiiuiicipal  assembly,  at  its  tirst  stated  sessiou  in  each 
ye«r,  a  particular  account  of  the  atl'airs  of  the  department  under  hi.s  charge 
for  the  precediuf;  twelve  niontiis,  together  with  such  suggestions  and  recom- 
mendations as  he  may  deem  proper.     (^I.  C,  sec.  2330.) 

Chai'ter.  Alt.   I\'.  sec.  47. 

Sec.  2462.  B<>ar<l  of  health  may  use  eity  water — pro- 
cedure.— Tlie  hoard  of  health  shall  have  power,  whenever  in  their  opinion 
it  is  demanded  as  a  sanitary  measure,  to  issue  an  order  to  the  water  com- 
missioner for  the  use  of  water  from  the  waterworks  of  the  city,  in  any  house 
or  building  within  tjie  city,  and  shall  cause  such  order  to  be  made  a  matter 
of  record  in  their  ]iioceedings,  and  a  copy  of  said  order,  signed  by  the  presid- 
ing officer  of  the  t)oard  of  health  and  attested  by  the  clerk  of  said  board, 
shall  be  transmitted  to  the  water  commissioner,  who  shall  immediately, 
upon  the  receipt  of  said  order,  refer  the  same  to  the  assessor  and  collector 
of  water  rates,  who  shall  enforce  said  order  as  provided  in  the  next  suc- 
ceeding section,     i  M.  ('.,  sec.  2331.) 

« 

See   Charter.    Art.   VII,   sec.    6.    for   authority    for   this   anil    ne.\t    two    .i^ucceeiUnij 
sections.      See  also  Tiefel  vs.   St.   Louis.   42   Mo.   57S.   Z!>". 

Sec.  2463.     License    to    be   requiretl   as   sanitary    measure — 

when— pena  1  ty. — The  assessor  and  collector  of  water  rates  may  require 
owners  or  lessees  or  agents  of  tenement  houses  and  other  buildings  rented 
1o  tenants  in  the  city,  or  in  such  parts  thereof  as  he  is  ready  to  supply 
witii  water,  to  take  out  license  and  make  the  jirnjtei-  coniiecHons  with  the 
water  main  for  the  u.se  of  water  for  such  house  or  l)uilding,  according  to 
llie  rates  and  assessments  as  fixed  i>y  ordinances  of  the  city  for  the  u.se  of 
water,  whenever  the  board  of  health  shall,  by  order  duly  made,  declare  that 
the  use  of  water  from  the  waterworks  of  the  city  iu  any  such  house  or  build- 
ing is  demanded  as  a  sanitary  measure  for  the  preservation  of  the  health  of 
the  inmates  or  inhabitants  of  such  house  or  building,  and  the  said  rate  of 
assessment  shall  be  jiaid  by  all  such  jirojirietors,  owners  or  lessees  or  their 
agents,  as  well  by  those  who  consent  as  by  those  who  refuse  to  i)lace  in 
their  houses  and  buildings  Ihe  water  pipe  to  convey  the  same,  and  shall 
!«•  payable  whenever  the  assessor  and  collector  of  water  rates  shall  have 
notified  the  proprietor,  owner,  lessee  or  his  or  her  agent,  of  the  readiness  of 
said  assessor  and  collector  of  water  rates  to  supi)ly  such  house  or  building 
with  water  as  aforesaid.  Any  person  or  ]iersoiis  having  received  a  notice 
from  the  asses.sor  of  water  rates,  as  provided  for  in  this  section,  and  who 
shall  or  will  neglect  to  comply  with  Ihe  ju-ovisions  of  said  notice  within 
live  days  after  the  receijit  of  said  notice,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall,  upon  conviction  thereof,  be  linecl  not  less  than  twenty- 
five  dollars  nor  more  than  five  hundred  dollars,  to  be  recovered  for  the  use 
of  the  city  before  anv  court  or  officer  having  comj)etent  jurisdiction.  (M.  C, 
sec.  2332") 

See  //i,,/. 

Sec.  2464.  \\  lien  owners  shall  comply  witli  notice  of  as- 
sessor— penalty. — Whenever  the  owner  or  agent  of  any  house  or  build 
ing  in  the  city  shall  rent  or  lease  any  such  house  or  building  to  two  or  more 
l)ersons,  then  and  in  that  case  it  is  hereby  made  the  duty  of  the  owner  or 
owners,  agent  oi-  agents  of  such  hou.ses  or  buildings,  to  comjilx  with  the  jiro- 
visions  of  the  n<»t  ice  uf  the  assessor  of  water  rates,  and  any  owiiei-  or  owners, 
agent     or  agents,     tailing     or  iieglecliiig  to     comjily     \\\\\\     the  piovisions 


Al!T.    II     111.1  <il''   WATMK    U.VTKS  jQgg 

of  said  uotico  i)f  said  assossur  of  waitT  ra(«'s  shall  Ik'  di-ciiicd  }juillv  of  a 
misdemeanor,  and  shall,  uiion  eoiivielioii  thereof,  he  lined  not  less  than 
twenty-tive  dollars  nor  more  than  live  hundred  dollars  lor  the  use  of  the 
city,  before  any  court  or  officer  havinfj  com|>e(ent  jiirisdiclion ;  pi-ov  ided 
that  nothing  in  this  and  the  next  two  precedinj;  sections  shall  prevent  the 
aecns(>d.  on  trial  foi-  a  violatinii  of  any  of  their  |)i'ovisions.  from  setlJTi;;  up 
in  det'eiis(>  tiiat  the  itremises  complained  of  were  well  sn|))>lie<l  with  -iooil. 
wholesome  water,  and  proof  of  said  fad  shall  work  a  discharfje  from  all 
pains  and  ]ienalties  of  this  and  the  next  two  luvcedinf;  sections.  I.M.  V.. 
see.  23.T?.  1 

AIM'Ifl.i;   I  I. 
|>1'  swiMM  ixi;    i; A'Pll.-i 

S<M'.    2H\3.      Uali'.s    l«»r    .s\\  iiniiiiii<;    liatlis The   wain-    rates    for 

.■swimminfi  baths  or  schools,  maintained  or  kejit  oix-n  for  puhlic  patronage 
in  this  city,  are  hereby  established  at  three  hundi'ed  dollars  for  the  season, 
from  Api-il  tirsi  to  November  tirst  in  each  year.  pa\aide  as  follows:  One 
tinmlrcd  dollars  on  the  tifteeiilh  day  of  -lune.  one  liniidrcd  dollars  on  the 
tiftcenth  day  of  .Inly  ami  one  hundred  dollars  on  the  tiflcciith  day  of  Auj^ust: 
pn)vided,  that  in  consideration  of  a  faithful  compliatu-e  with  the  provisions 
of  the  next  following  section,  the  said  licen.se  shall  authorize  and  entitle 
party  to  tlie  use  of  sudi  reasonable  quantity  of  water  as  may.  in  the  opinion 
of  the  water  commissioner,  be  suflicieiit  ;  and  to  ju'event  tiudue  waste  of 
water,  a  meter  shall  be  used  at  each  establishment  lii-ensed  he.jcniider.  (M. 
v..  sec.  2334.) 

See.  246f;.     ('hiir<::«'s    to    pad'oiis.    oil    oiTtaiii    Hays — pciiaHy. 

—  Kvcry  bathing  and  s\\  imiiiin;;  establishment  availing  itself  of  ilie  pro- 
visions of  this  article  shall  uimn  evei-y  Tuesday  and  Fridar  during  the 
season  charge  only  ten  cents  for  adult  persons  bathing  or  swimming  therein, 
and  live  cents  for  persons  under  lifttt'ii  years  of  age.  Any  failure  on  the 
I'art  of  a  liathing  or  swimming  establishment  to  observe  the  provisions  of 
this  section  sh.ill  work  a  forleitnie  of  its  license,     i  .M.  ("..  sec.  233.").) 

Sec.  2t(j7  WaNtc  of  ualfT  pciial(,\  for,  -\\'hciiever  it  shall 
itinie  to  the  knowledge  of  the  water  cotnmissioner  that  the  proprietor  or 
proprietors  of  any  swimming  bath  or  school  is  allowing  or  permitting  au 
undue  waste  of  water,  the  said  water  comtnissioner  shall  cause  the  license 
issue<l  to  said  swimming  bath  or  school  to  be  immediately  revoked.  i.M.  C, 
-sec.  23;!i;.  I 

AHTICLK  ill. 
i>t"  \v.\Ti:i:  i;.vTi':s  • 

•rro\  Isiiin.s  of  Ctmrt*T;  .Vssi'iiibly  iiiny  rejculatv  \vat«T  ralfj*;  tiow  roveiiu-* 
from  watfr  rat<-»  npplled:  Art.  VII.  svr.  II;  water  rnti'.s  to  l)f  fixed  »o  a.i  to  puy 
current  fxpon-if-x  of  workN  and  Inlort-at  on  water  bond.i.  and  exceptional  dlii- 
irlinlnatlons  are  forbidden:  i/<..  nee.  12.  Kate  or  lease  of  water  works  forbidden; 
fund  for  payment  of  IntereNt  and  principal  uf  water  bonds:      it.,  nev.   13. 

Payment  by  a  consumer  of  water  under  a  threat  of  nliuttlnR  off  tlie  gup- 
ply  unless  tlie  fees  demanded  In-  imld.  Is  payment  undiT  compulsion,  even  with- 
out tender  of  the  rightful  atnounl.  and  the  excess  may  be  recovered:  Rrnwlnic 
Assn.  vs.  St.  I..OUIS.  1  I"  Mo.  419:  Westlake  vs.  St.  Louis.  77  Mo.  47.  And  such 
compulsion  or  duress  surTlrlenlly  appi'nrs.  It  was  held,  from  a  petition  which  al- 
leges  the    i>lalntlfr    !■•    '■•■        •••'■■  I.     .1    1-  nt    for   Its   supply    of    water"    upon    the 


1100  REVISKD  CODE  OR  GENERAL  ORDINANCES.  [CHAP.   3S. 

city  works,  coupled  with  a  declaration  tliat  the  city  exacted  an  illegal  charge, 
which  plaintiff  paid:  Brewing  Co.  vs.  St.  Louis.  1S7  Mo.  367.  The  obligation  to 
pay  for  water  consumed  rests  on  contract,  not  the  taxing  power,  the  city  act- 
ing in  its  private,  not  governmental  capacity:  Brewing  Assn.  vs.  St.  Louis,  140 
Mo.  419.  As  to  the  right  to  require  use  of  particular  kind  of  hydrant  prior  to 
the  present  charter,  see  State  vs.  Goodfellow,  1  Mo.  App.  4115.  Right  of  a  water 
company  to  make  extra  charge  for  waste  of  water:  McDanicl  vs.  Waterworks 
Co.,   48  Mo.  App.   273. 

Sec.    2468.     Ijicenses — how    issued — how      paid — toriii     of 

Licenses  for  the  use  of  water  from  the  city  waterworks  shall  be  issued  b.y 
the  assessor  and  collector  of  water  rates,  and  the  amounts  charged  shall 
conform  to  the  rates  established  by  this  article.  The  rates  assessed  shall 
in  all  cases  be  paid  in  advance  and  all  licenses  shall  be  dated  on  the  flrsr 
day  of  the  month  in  which  the  same  are  granted.  Licenses  may  be  issued 
for  six  months  or  for  one  year  as  the  ajjplicant  may  desire,  except  as  herc- 
aftei-  provided  in  section  2470.     (M.  ('.,  sec.  2337.) 

Brewing  Co.  vs.  St.   Louis,  1S7  Mo.  369,  372  and  3S1. 

SiM'.  2469.  Licen8e  to  specify  what, — Each  license  shall  .specify 
the  premises  on  which  the  water  is  to  be  used,  the  purpose  to  which  it 
is  to  be  aj)plied.  and  th(>  dates  of  (he  issue  aud  the  expiration  of  the  license. 
and  such  other  information  as  the  assessor  and  collector  of  water  rates  may 
deem  requisite.     (M.  C,  sec.  2338.) 

Sec.  2470.  Division  of  city  into  districts.—  It  shall  be  the 
duty  of  the  assessor  and  collector  of  water  rates  to  dividi;  the  city  into  as 
many  districts  and  sub-districts  as  he  may  deem  necessary.  The  boundaries 
of  the  districts  and  sub-districts  may  be  changed  at  the  discretion  of  said 
assessor  and  collector.  All  licenses  for  the  use  of  water  on  premises  within 
any  sub-district  shall  be  made  payable  on  the  same  day.  The  assessor  and 
collector  may,  however,  where  in  his  judgment  it  is  essential  for  the  protec- 
tion of  the  revenue  of  the  city,  issue  a  license  for  a  shintci-  ]iciiod  than  six 
months.     (M.  O.,  sec.  233!».) 

Sec.  2471.     Kebate  allowed  for  unexpire«l  term  of  license — 

If  any  consumer  shall  remove  from  the  premises  lor  which  his  license  was 
issue*!,  before  the  exjiiration  of  the  same,  he  shall  notify  the  assessor  and 
collector  of  water  rates  thereof,  who  shall  cause  the  water  lo  be  shut  off 
the  premises;  thereupon  the  assessor  and  collector  shall  comjjute  the  un- 
consumed  value  of  the  license,  which  shall  be  in  projiordon  that  the  unex 
l)ired  term  of  his  license  bears  to  (he  full  term  for  which  the  license  was 
issued,  and  said  iiinount  shall  be  allowed  as  a  payment  on  a  subsetpient  li 
cense,  or,  a(  his  ()](ti(m.  slinll  be  returned  (o  (he  consumer  holding  said 
lic(Mise.      (M.  ("..  sec.  •_':!4(). ) 

Sec.  2472.  Allowances  in  case  «)f  fire. — Any  wntcr  taker  de- 
prived of  use  of  water  by  the  dcstru<(  ion  by  tire  of  the  premises  for  whicli 
the  license  was  issued  sli;ill  be  ciitilled  to  have  a  valuation  of  his  license 
made  under  (lie  |iro\  isiuiis  of  secdoii  2471.      (M.  C,  sec.  2341.) 

Sec.  2473.  Use  of  watei-  by  fire  <Iepartnient.— The  regu- 
larly conslituted  tire  department  of  the  city  shall  at  all  times  have  the  lib 
erty  to  use  water  for  the  purpose  of  cleaning,  washing  aud  testing  the  en- 
gines or  olliei-  ;iiip;ii:iliis  of  the  deiiarl  iiieiit.      (M.  C,  see.  2342.) 


VRT.  Ill]  OF  WATi:n  HATRS.  j  JQI 

Sec.  '2471  AImisi'  of  wattT  priviU'f;**^ — how  piinislicd — 
iluty  of  I»oli«'«>.  \i\\  |icis(>ii  li.iviu;;  ;i  walcr'  license,  w  Iki  .shall  ii.se  or 
.HUller  to  Ix'  tisi'd,  water  from  I  lie  ]neiiii.ses  desifjnaled  in  his  lie(;nse,  for  any 
other  purpose  than  that  s[ieeitied  thei'ciii.  or'  sliall  siilVer  any  ])erson  not  li- 
censed to  use  water  from  sueli  premises,  or  who  shall  snlVei-  any  hydrant  to 
n'lnaiii  e.xjiosed  lo  imblic  use.  or  shall  sutler  or  |iermit  any  iiniiecessarv 
waste  of  water  theiefi-om.  or  shall  neirliucntly  sulVer  the  water  to  waste  l>e- 
i-aust>  of  the  plumliinj;  or  tixtures  heini;  out  of  re|)air  or  otherwise,  shall  Ixi 
iloemed  fjuiliy  of  a  misdemeanoi-,  and  upon  eonvieiion  thereof,  he  tineil  not 
le.>5s  than  five  nor  more  than  lifty  dollars.  And  It  is  hereby  made  the  duty 
i)f  all  polieemen  to  report  to  the  assessor  and  collectoi-  of  water  rates  anv 
rtnd  all  hiraehes  of  this  section.     (M.  ('..  see.  2.i4.'>. ) 

See.  247r>.  I  s«'  of  \v;il«>r  witlioiit  li<H'ns«'— opciiim;  liit'-jMii^ 
-iii.jiiriiiy:  \va(«'r  :ip|>iirt4>iiiiiir<>s — <-as(iiiy  into  reservoir — 
IH'iiai(>.  W  lioe\cr  shall  hiiiiseir.  or  hy  an.\  of  his  fauiil.v.  :i;;enls  or  serv- 
ants, use  the  water  from  the  waterworks  without  license,  or  who  shall  with- 
out lawful  authority  open  any  tire])luj;.  stop-cock,  vahc  or  other  fixture  ap- 
pertaininir  to  ^:ii«I  N^orks,  or  who  shall  shut  oil'  or  lei  on  waicr.  into  or  lf(»ni 
Miy  \n\if.  or  shall  injure,  deface  or  impair  any  jiarl.  ai)iiurtenance  of  llu' 
waterworks,  or  shall  throw  or  cast  anvihin^'  into  the  reservoiis  of  said 
works,  shall  U-  deemetl  ;;iiilty  of  a  misdemeaiLor,  and  upon  conviction  there- 
of, Ih'  tinecl  not  less  ihan  live  nor  more  than  fifty  dollars.     ( .M.  (".,  sec.  1*344.) 

Sec.  L'47G.  I'lU'inisj's  iiiiisl  In*  «*iwIos»m1. — In  no  ease  sli.-ill  a  li- 
eense  be  issued  to  aii\  one  lor  ihc  use  of  waler  until  it  shall  have  been  as- 
certained from  actual  inspect  ioiL  that  the  ]ireniises  are  so  inclosed  as  to 
prevent  persons  having  no  license  fi'om  usinj;  waler  therefrom  without  the 
knowledge  of  the  jierson  to  whom  the  license  is  granted.  It  shall  be  lawful 
for  the  assessor  ami  collector  of  water  rates  to  shut  the  water  olV  from 
•iny  j)reniises  no|  inclosed  in  conformity  to  this  section,      i  M .  i '..  sec.  lMI.'.i 

Sec.  2477.  Iii«-fiis»'  to  .stori'kt'opi'r — \\li«>ii. — V  licensi-  may  be 
issued  to  the  owner  or  oocujtant  of  any  store,  shop  or  office  that  is  con- 
uecteil  with  a  dwellinf;  for  the  use  of  water  from  any  hydrant  in  the  neij;h- 
Ixirhood,  when  ihe  owner  of  sm-li  hydrant  shall  give  written  i)ermissiou  lo 
do  the  same,  said  iwrniit  to  be  tiled  in  ihc  orijcc  ol  the  assessor  and  collector 
of  w.iter  rates,      i  .\l.  < '..  sec.  2:'.lt;.i 

Sec.  247.S.  Iii«-<'iis<'s  to  r«'si»|«'ii(s — \vlior<>  wafor  pip4'  iio( 
laid. — Persons  residing  on  streets  in  which  Ihewalei-  pipe  has  not  liei^n 
laid  may  obtain  a  license  for  the  use  of  water  ujion  producing  the  written 
permission  of  the  owner  of  the  hydrant  from  which  it  is  projiosed  to  take 
the  water,  said  permit  to  lie  tiled  in  the  oflice  of  said  as.sessor  and  collector. 
(M.  C.  sec.  2:!47. 1 

Sec.  247'.t.  Licciisr — ulu-ii  ma\  ho  wiflilicld. — The  as.se.s.sor 
and  c<»llector  of  water  rates  is  lierehv  auilmri/ed  to  withhold  a  licen.se  for 
the  use  of  wat<M-  from  the  waterworks  when  in  his  o]iinion  such  licen.se  can- 
not  be  granted  without  the  liability  and  likelihood  of  water  being  used  for 
other  purjioses  than  that  for  which  the  license  is  taken.     tM.  C.  sec.  '2348.) 

Sec  24.S0.  Such  license  to  eoNer  all  uses.  In  all  such  cases 
as  those  mentioned  in  the  prevituis  wction,  the  a.sssessor"and  collector  is 
authorized  to  reipiire  the  apftlicant  to  take  out  a  license  for  the  use  of  water 


1102  KKVLSEL)  COIJK  OH  (UCN'IORAL  ORDINANCES.  tCHAP.   3S. 

for  all  ]mriius('s  Tor  which  it  is  exposed  to  he  used,  and  unless  said  applicant 
will  do  tliis,  then  said  assessor  and  collector  may  retnsc  a  license  for  the 
water  for  any  other  jiurpose.     (M.  C.  sec.  234!).) 

Sec.  24S1.  Same — when  liceii.se  may  be  revoke<l. — If  a  li- 
cense shall  be  issued  for  the  use  of  water  upon  any  premises,  and  after  said 
license  has  heen  issued  and  during  the  term  for  which  it  is  issued,  the  as- 
sessor and  collector  shall  become  satisfied  that  water  from  said  premises 
is  tised,  or  exposed  to  be  used  for  purjioses  not  contemplated  by  the  license 
issued,  then  the  assessor  and  collector  may  require  the  person  to  whom  said 
license  was  issued  to  take  out  a  license  lor  the  use  of  the  water  for  the  pur- 
pose for  which,  in  the  judgment  of  said  assessor  and  collector,  the  water  is 
exposed  to  be  used,  and  in  default  of  such  liceuse  being  taken  out,  the  as- 
sessor and  collector  is  authorized  to  i-evoke  the  license  actually  issued  and 
stoj)  off  the  water  from  such  jii-eiiiises.     (M.  C,  sec.  2350.) 

See.    2482.     Ijicense  — iioii-pay rneiit    or    waste — water    to    b<' 

.shut  otf. — The  assessor  and  colleitor  of  water  rates  is  hereby  authorized 
to  shut  the  water  oft'  from  all  premises  an<l  hydrants  for  the  non-pa,yment 
of  licenses,  or  by  the  water  commissioner,  after  notice,  for  allowing  a  willful 
waste  of  water  within  the  buildings  or  premises  for  which  a  license  to  use 
water  has  lieen  granted.     (  M.  ("..  sec.  23."il.  i 

fSrcvvlTiK   .^ssn.    vs.    St.    Louif.    nn   Mo.    416,    42.'!;   Westlake   v.s.    .'^t.    T^ouis,    77   Mo. 
■17;    Hnwilif;    As.sn.    v.s.   St.    I^ollis,    1S7  Mo.    .IGT.    3S1. 

Sec.  2483.  VVlieu  coiiueetioii  witli  main  pipe  to  be  cut 
off.- — Whenever  the  assessor  and  cojtector  of  water  rates  causes  the  water 
to  be  shut  oft'  from  any  hydrant  or  ]iremises.  and  the  same  shall  be  let  on 
again  without  jierniission  of  said  assessor  and  collector,  the  water  com- 
missioner shall,  at  the  request  of  the  assessor  and  collector  of  water  rates, 
immediately  cause  the  connection  with  the  main  j»i])e  to  be  cut  off.  Any 
person  procuring  water  from  any  hydrant  or  jiijie  that  has  been  shut  ofl" 
by  said  assessor  and  collector,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  less  than  five  nor  more  than 
fifty  dollars.     (M.  C,  sec.  2.352.) 

Sec.  2484.  Tjicense— oatli  t>f  application  for,  may  be 
required. — The  assessor  and  collector  of  watei-  I'ates  may  require  of  each 
applicant  for  water  license  a  statemenl  uiiiler  oath  at  the  time  of  applica- 
tion.    (M.  C,  .sec.  2353.) 

Sec.  2486.  Premises  may  be  e-ntere<l. — The  M.sscssor  and  collec- 
tor of  water  rates  and  his  duly  authoii/.e<l  employes  shall  have  free  access  at 
all  reasonable  hours  to  any  premises  where  it  may  be  necessary  to  ascertain 
the  reading  of  meters,  the  location  or  condition  of  a  water  i)ipe  or  other 
fixture  attached  to  the  waterworks,  or  to  sliut  off  or  to  let  on  water  from  or 
to  any  hydrant,  pipe  or  other  attachment,  or  by  the  water  commissioner  for 
any  other  purpose  that  may  be  deemed  essential  for  the  preservation  of  the 
works,  prevention  of  waste,  or  jirdlection  of  the  revenue  from  the  water- 
works.    iM.  C  sec.  23,54.) 

See.  248(5.  lji«'ense — when  water  used  for  building  pur- 
poses.— For  all  building  pur])oses.  where  hydrant  water  is  collected  from 
street  gutters  and  used,  the  regular  license  shall  be  paid,  as  though  the 
water  was  taken  dii-ect  from  the  waterworks.     (M.  C,  sec.  2355.) 


Airr.  Ill  I  OF  \VATi:i;  katks.  1)03 

Sec.  2487.  I.iicenHi"  ratos  f«»r  water. — The  follow  in-;  rates  for  tin- 
uso  of  water  fi-oiii  tin-  waierw  oik.s  Im-  uiic  vear  are  liereliv  eslahlislieil  f«tr 
resiileiiee.s  o('<'iii)ie(l  by  one  family  only:  House  with  lliree  rooms  or  leHS. 
two  dollars;  house  witli  four  or  live  rooms,  three  dollars;  house  with  Hix 
rooms,  four  dollars;  hou.sc  with  seven  rooms,  live  dollars;  house  with  cijrl'f 
rooms,  six  dollars;  hou.se  with  nine  roiuiiti,  seven  dollars:  house  with  ten 
rooms,  eij^lit  dollars;  house  with  eleven  or  twelve  rooms,  nine  dollars;  house 
with  thirieeii  or  fourteen  rooms,  ten  dollars;  house  with  tifteeii  or  sixte<>n 
rooms,  eleven  dollars;  house  with  .seventeen  or  ei};htecn  rooms,  twelve  dol- 
lars; house  with  nineteen  or  twenty  rooms,  thirteen  dollars;  house  with  more 
rooms  to  U'  as.ses.sed  at  tifty  cents  (uv  each  additional  room;  teiiemenls, 
boardinf;  hou.ses,  aiiartmeiit  luuises.  Hats,  hotels  and  residences  occu|ii<>d  hy 
more  than  one  family,  one  dollar  |ier  room;  each  chur<h.  ten  dollars;  each 
cluh  room,  twenty  dollars;  each  hath  luli  in  i(rival(>  residence,  tenements, 
aiiartmeiil  houses.  Hats,  hoarding  houses  and  hotels,  with  oi-  without  heating' 
apparatus,  two  dollars;  each  ])ulilic  hath  luli,  tifleeii  dollars;  each  w.-ilei- 
closet  in  hotel,  ten  dollars;  all  other  water  closets,  three  dollars  each;  each 
vault  lliroii-ih  which  the  water  friuii  a  sink  or  hydrant  is  conducted,  tive 
dollars;  eacli  urinal  hasiu  in  a  jtrivate  residence,  ten  ihdlars;  all  other  urinal 
hasins.  twenty  dollars;  for  s|)rinklinji  {jrass  or  washinj;  iiavemenis  with 
liose,  for  a  street  frontajje  of  twenty-five  feet  or  less,  one  dollar  per  annum; 
!ind  for  every  additiimal  front  foot  above  twenty  tive  feet,  tive  cents  per 
foot,  provided  payment  in  all  cases  shall  lie  made  for  the  entire  fr(Milaj;e  of 
the  luemises  to  be  sprinkled;  I'or  hose  for  jtrivale  stable,  tive  dollars;  for 
sprinklinj;  streets  with  sprinkliiifi  cart,  for  that  portion  of  the  street  em 
braced  between  two  cross  streets,  where  the  same  (K)es  not  exceed  three 
liiindred  linear  feet,  ten  dollars;  and  where  such  iiortions  exceed  three  hun- 
dred linear  feet,  the  excess  to  be  charged  f<n-  in  iiroportion  al  the  .same  rat<'. 
or  at  the  rate  of  three-fourths  of  a  cent  per  Inimlreil  jjalloiis  of  water  used; 
for  lilliiif;  cisterns,  six  cents  jier  one  luimlred  ualloiis;  for  each  fountain, 
twenty  ti\c  dollars,  but  no  fountain  attachment  shall  be  irrealer  than  one- 
half  inch,  and  no  fountain  shall  be  operated  more  than  lour  hours  per  day. 
.\ll  licenses  for  sprinklini;  streets,  sidewalks  and  iriiliers,  and  ftu'  fountains, 
shall  date  from  the  tirsi  day  of  April,  and  be  for  not  less  than  one  year. 
.\nd  iiny  |)erson  holdin<;  a  license  for  such  purpose  shall  put  in  liis  own 
attachment,  and  shall  keep  the  same  in  oi-der  and  free  from  waste,  and  a 
I'ailni'e  so  to  do  shall  work  a  forl'cilnre  of  the  license.  For  each  ]ierch  of 
stone  masonry,  liv<'  cents;  for  every  thousand  of  bricks  laid  in  a  wall,  ten 
cents  ;  for  every  sipiare  y;ird  of  ]dasterin;;.  one-half  cent.  I",;ich  person  a(iidy- 
inj:  for  a  license  for  biiildin;;  jiiirposes  shall  furnish  a  statement  of  the 
amount  and  kind  of  work  to  be  (lone,  which  shall  be  swiu'U  to  and  f>re.served 
in  books  i>rovided  for  that  purpo.se.  And  until  meters  are  installed  pur 
siiant  to  section  l!t."^S,  water  used  for  business  purposes  with  Hats  aliove. 
shall  be  paid  for  at  tlie  following  rate:  lOach  ;;rocery  store,  ten  ilollars; 
••ach  other  store,  shoji  or  hall,  not  less  than  tive  dollai-s  nor  more  than  thirty 
dollars;  eaih  office,  not  less  fhaii  five  dollars  nor  more  iliaii  thirty  ilollars; 
each  dramshop,  s.iloon,  beer  Ikmisc,  ale  cell.ii-.  jiorter  cellar,  wine  cellar  and 
K'staurant.  from  twenty  dollars  to  one  hundred  dollars,  but  no  adilitional 
charj;e  shall  t>e  made  on  any  dramshop,  saloon  or  Imh-i-  house  license  f«tr 
billiard  or  |>ool  table  where  only  one  such  table  is  iiseil ;  for  eacii  tenpin 
allev,  three  dollars;  for  each  ice  cre;im  saloon.  colTee  saloon,  oyster  saloon, 
confectionery  and  candy  inanufactory.  fi-iuii  tifteeii  dollars  to  one  hundred 
dollars;  liakeries,  for  each  oven,  not  less  than  ten  dollars  nor  more  than 
fifty  dollars;  barber  shops,  for  the  first  chair,  five  dollars;  for  eaeh  additional 
chair,  two  dollars;  for  every  billiard  or  jiool  lalde,  tliree  doll.nrs:  for  e.ich 
book  bindery  and  juintini;  office,  two  dollars  for  each  hand  employed,  but 


]104  i;i;VISED  CODE  OR  GKNKRAL  ORDINANCES  [CHAP.   38, 

111)  license  les.s  than  lifteeu  doUar.s;  cacli  photogiapli  j^allerv  not  less  thau 
iwontj  dollars  nor  more  than  flfty  dollars;  each  cigar  and  tobacco  mann 
factory,  for  each  person  einjiloyed  therein,  two  dollars,  but  no  license  shall 
Itc  issued  for  l(>ss  tluin  leu  dollars ;  for  each  dyeinii  aTid  scouiinji  estaiiiisli- 
iiieiit,  twenty-five  dollais;  for  laundry  with  three  hands  or  less,  twenty  dol 
lars;  for  each  additional  hand  aliove  thi'ee,  five  dollars;  each  hat  factory, 
iwenty  dollars;  each  laboratory,  twenty-flve  dollars;  each  soda  manufac- 
tory, fifty  dollars;  each  starch  manufactory,  fifty  dollars;  each  tannery,  per 
vat,  six  dollars,  but  no  license  less  than  twenty-five  dollars;  for  each  livery 
and  sales  stable,  two  dollars  per  stall,  but  no  license  less  than  twenty-five 
dollars;  in  addition  to  the  hose  license  required,  for  each  hose  for  livery 
or  sales  stable,  fifty  dollars;  hose  for  dairy,  twenty  dollars;  each  horse  and 
mule,  three  dollars:  each  cow,  one  dollar;  each  automobile,  carriage  and 
buggy,  two  dollars:  each  sjiring  wagon,  two  dollars,  except  in  livery  stables 
wliore  no  charge  for  vehicles  shall  be  made;  for  washing  meat,  not  less  than 
Iwenty  dollars;  for  washing  bottles,  twenty-five  dollars;  brick  yards,  for 
each  gang  of  hands,  twenty  dollars;  for  each  forge,  three  dollars;  schools, 
for  each  scholar,  tivc  cents;  foundries  and  blacksmith  slio])s,  for  each  fire, 
iliree  dollars:  for  each  steam  boiler,  a  water  rate  of  forty  cents  ])er  square 
foot  of  fire  surface  shall  be  charged,  the  fire  surface  to  be  comjuited  by  the 
area  of  the  boiler  and  Hues  exjiosed  to  the  fire.  A  statement  of  the  dimen- 
sions and  construction  of  each  boiler  shall  be  filed  by  the  applicant  at  the 
time  of  his  application  with  the  assessor  and  collector  of  water  rates.  A 
proportionate  allowance  shall  be  made  on  such  boilers  as  are  used  only  a 
l)ortion  of  the  time,  to  be  ascertained  by  the  affidavit  giving  a  detailed  state- 
ment of  the  actual  running  time.  Oas  engines,  three  dollars  j)er  horse 
jtower.  In  all  manufacturing  establishments,  the  assessor  and  collector  of 
water  rates,  in  computing  (he  auKumt  cif  license,  shall  be  governed  by  the 
number  of  hands  actually  employed  therein,  and  charge  at  a  rate  not  ex- 
ceeding two  dollars  per  hand.  For  the  use  of  water  for  any  purpose  not 
herein  specifically  designated  and  not  paid  for  at  meter  rates,  not  less  than 
ten  dollars  nor  more  than  one  thousand  dollars  shall  be  charged,  the  same 
to  be  fixed  by  the  assessor  and  collector  of  water  rates.  Wherever  there  is 
in  a  single  store  or  room  UKjre  than  one  business  carried  on  subject  to  spe 
cial  rates,  the  jierson  paying  the  highest  rate  shall  be  assessed  in  full,  and 
the  other  subjects  shall  be  assessed  at  half  rates.  In  assessing  the  foregoing 
rates,  all  licen.ses  shall  be  figured  to  the  nearest  fifty  cents.  (Ord.  2235:?, 
see.  2356,  amending  ord.  21913.) 

This  ordinance  is  again  amended  by  ord.  230S3,  approved  .June  27.  1907.  Re- 
tore  this  Revised  Code.  ord.  21913.  amended  ord.  20849.  the  latter  206.50.  and  that 
had  amended    2055B.  which   amended   M.   C.   sec.    2356. 

Sec.  2488.  Water  meter  rates — wlien  permitted — amounts 
— water  meters  ami  rates  therefor. — Water  furnished  to  resi 
dences  and  premises  occupied  for  business  purposes  with  flats  above,  may 
l)e  paid  for  at  meter  rate,  at  the  option  of  the  person  requiring  use  of  water 
and  applying  for  a  meter,  or  at  the  option  of  the  assessor  and  collector  of 
water  rates,  who  shall  have  power  to  ascertain  by  meter  measurement  the 
quantity  of  water  used,  and  exact  payment  therefor  at  meter  rates,  and  in 
either  case  the  rates  fixed  at  license  rates  shall  not  apply.  Water  furnished 
to  all  other  cctunections  must  be  jtaid  for  at  meter  rates,  and  in  all  cases 
where  the  water  is  to  be  ])aid  at  meter  rates  the  person  or  cor])oi'alion  taking 
out  license  shall  be  charged  the  following  rates  on  the  average  (piantity  of 
water  used  during  the  year,  the  year  to  be  estimated  at  three  hundred  days. 
When  the  quantity  used  averages  one  thousand  gallons  per  day  or  less, 
twenty-five  cents  ])er  one  thousand  gallons.  When  the  quantity  used  aver- 
ages  from  one   thousand   to   twenty  five   hundred  gallons  per  day,   twenty 


ART.  III.  I  .i|-   W  .\TKIt   i:ATi:s.  HO;-, 

.ents  per  i>ii.>  iliiiii.saiul  ^mIIoiis.  When  ilic  (|ii;iiilitv  iiHcd  avcrap's  from 
iweiitylivi'  ImiKircd  to  livi-  ilumsaiKl  j^allons  per  ila.v.  liflcfii  ccntH  (icr  (hm- 
ihou.saiid  fialliiii.-;.  When  lli<-  (|iiaiitity  used  avcra^fs  Irinii  the  IhotiMand  to 
leu  thousand  ^'alloii.s  jici-  da\.  Iliiiiccii  ci-iils  jicr  one  tlioii.saiid  -ialloiis. 
When  the  ipiaiitity  used  avcra^ics  Iroiii  ton  lo  twentv-live  thousaml  gallons 
per  day,  eh-vi-ii  ceiils  per  one  lliousaiul  jjallous.  Wlieii  the  (piantily  used  ex- 
reeds  twenty  five  thousand  {jallons  per  day,  eight  tents  irt  one  thousand 
ixallons.  Tlie  meter  rate  for  the  use  of  water  from  the  waterworks  for 
purely  iiianurailuriii;;  purposes,  is  here!)y  lixed  al  eight  cents  per  one  thou 
.siind  gallons.     lOrd.  21!)i:{,  amending  M.  (\,  sec.  2357.) 

Soi.  j;!ri7  lit  M.  l".  WHS  al.so  am.iul.il  hy  <ird.  :.'15a3,  by  adillnif  ii  provLso  llmt 
for  World's  Kali-  and  Crnti-nnlal  Kxposllloiia  litdd  under  provisions  of  U.  S.  18SH. 
Art.  18.  I'll.  11".  which  usu  during  such  period  of  exposition  more  than  seventy - 
Ave  million  Millions,  tlie  Tute  Is  one  cent  per  thousUnd  Rations.  As  lo  hreworles. 
etc..  pnyinK  at  rate  of  one  cent  per  hundred  gallons  when  usin^:  over  nfty  mil- 
lion gallons  annually,  etc..  and  recovering  back  excessive  payments,  see  Brew- 
ing Co.  vs.  .><t.  lx>uls.  1ST  Mo.  .iS":  Brewing  Co.  vs.  St.  Louis.  110  Mo.  428.  See 
also.  W.-stlake  vs.  St.   Louis,   77   Mo.    IT. 

As  to  ruHic  Balks  getting  Its  water  free  of  charge,  see  U.  C,  I'hapter  22A 
and  notes  to  heading:  also  R.  ('..  sees.  1802-180'!. 

See.  248i».  Knu'tioiiiil  part.s  (»f  meter  rate.'s.  In  assessing  and 
rolleeting  the  rates  estal)lished  in  sections  L'4S7  and  '.MSS,  no  license  shall 
he  issued  in  fractions  of  less  than  a  half  dollar,  and  in  all  cases  where  the 
fraction  is  twenty-live  cents  or  less  the  same  shall  be  <lropped,  and  where 
the  fraction  exceeds  twenty  live  cents  it  shall  be  iiici'cased  to  make  the  half 
ilollar  amount  :  for  examph'.  if  a  license  figured  at  the  rates  established  in 
sections  l\S~i  and  L'4S,S  sliall  amount  to  one  dollar  and  twenty-live  cents,  il 
shall  Ih'  one  dollar,  and  if  one  dollar  and  twenty-six  cents  it  shall  1h'  one  dol 
lar  and  fifty  cents,  and  if  one  dollar  and  seventy  five  cents,  then  one  dollar 
and  fifty  cents,  and  if  one  dollar  and  seventy  six  cents,  then  two  dollars. 
Ord.  L'Otl"."..  adding  .sec  L':{.-7.\  i,i  M.  ('.) 

S'>c.  'J49t».     T«'iuMiieiit  aiui  httartliii*;  li«>iis<'.s(i«>(iii<>tl Tenement 

houses  within  ilie  meaning  of  this  article  are  defined  to  be  liou.ses  subdivided 
into  suites  or  rooms  and  rented  to  families  or  individuals.  Hoarding  houses 
are  defined  to  be  houses  advertised  by  jjlacards  or  otherwise  as  boarding  or 
lodging  houses,  or  where  the  furnishing  of  board  or  bulging  is  pursui-d  as  a 


Sec.    24!tl       .Stop-box — \%  lu'ii     hr<»k«'ii     iiiu.sl     In-     replaced. — 

\Vhenever  the  assessor  and  collector  of  water  rates  shall  lind  that  the  stop 
box  controlling  the  supply  to  any  premises  is  broken  or  not  in  a  serviceable 
>'on<lition.  he  shall  notify  the  owner  or  occuiMiit  of  the  jiremises  that  a  new 
box  is  reipiinMl,  and  the  as.sessor  and  collector  shall  refuse  to  grant  a  license 
for  such  |)rc'ii\jscs  until  a  new    ami  sufficient   box   is  duh    set.      IM.  C  8Cr. 

•_'n.-.9.) 

Sec.  249_'.  "(■alltm"  <i4>llne«l.  -The  form  "gallon"  used  throughout 
this  article  shall  mean  two  liftci  tiilis  ..t"  ..ne  >  iibic  foot.  (Ord.  211)1:5,  amend 
iiig  M.  C,  we.  2:{(;0.» 

See.  24'.(:!.  I*r«>seiit  selieiliile^w  lieii  j^oes  iiif«»'  elFeeL^Th. 
schedule  of  rates  as  s|>«'citied  in  sections  'US';  and  2Inn  shall  Im-  operative 
as  and  when  the  lieen.ses  now  in  force  expire,  and  as  when  the  licen.ncs  in 
the  districts  in    which   tiie  preniiw^s  are  affected  are  locattMl  fall  due  next 


1106  RKVISED  CODE  OR  GENKRAL  ORDINANCES.  [CHAP.   35. 

succeeding  the  approval  of  tliis  ordinance,  but  no  rebates  shall  be  paid  on 
account  of  any  license  paid  in  advance  or  prior  to  the  passage  of  this  ordi- 
nance.     I  ()r(l."i:i!H;}.  adding  sec.  L';'.(;(l.\  In  .M.C.I 

Sec.   2494.     3Ieter9   may   be    plat'od    in    public    institutions. 

— The  assessor  and  collector  of  water  rates  shall,  in  his  discretion,  cause 
meters  to  be  placed  on  all  or  any  of  the  public  institutions,  buildings,  parks, 
or  other  public  i)laces  where  water  is  used  from  the  waterworks,  to  ascer- 
tain the  average  amount  of  the  consumption  of  water  daily  at  each,  and  shall 
furnish  monthly  statements  thereof,  for  the  information  of  the  mayor  and 
municipal  assembly.     (M.  C,  sec.  23G1.) 

Sec.  2495.     Meters — only  one  eonnection  with  main   allowed. 

— Whenever  the  assessor  and  collector  of  water  rates  shall  determine  to 
place  a  water  meter  upon  any  premises,  and  the  said  premises  are  supplied 
by  more  than  one  connection  with  the  city  mains,  he  shall  notify  the  owner 
or  occupier  of  said  premises  to  at  once  cause  his  plumbing  to  be  so  recon- 
structed as  to  j)ermit  a  supply  to  be  furnished  from  one  connection  only 
with  the  main;  and  if  the  owner  or  occupier  of  the  premises,  after  such 
notice,  shall  fail  to  make  the  required  change,  the  assessor  and  collector  of 
water  rates  shall  refuse  to  renew  the  license  upon  said  i)rftniises  until  the 
required  change  is  made.     (M.  C,  sec.  23(52.) 

Sec.  2496.     Hates  for   hosi)itals,   etc. — assessed   half   rates. — 

Hospitals,  orphan  asylums  and  charitable  institutions  shall  be  assessed  ar 
one-half  the  rates  as  provided  for  residences  occupied  by  one  family  onh. 
(M.  C,  sec.  2363.) 

Sec.  2497.  Rates  for  public  schools, — The  assessor  and  collector 
of  water  rates  is  liercby  authorized  and  empowered  to  issue  licenses  to  the 
board  of  education  of  the  City  of  St.  Louis  for  the  use  of  water  by  it  and  for 
its  purposes  in  the  public  schools,  at  a  rate  of  two  and  one-half  cents  pei' 
one  hundred  cubic  feet  and  upon  the  same  terms  and  conditions  and  sub 
ject  to  all  of  the  rules,  regulations  and  restrictions  now  or  hereafter  ini 
j)osed  bv  ordinance  upon  users  of  water  within  the  Citv  of  St.  Louis.  (Ord. 
20727.)' 

Spi'.  2498.  B.  P.  I.  to  procure  water  meters — The  board  of 
public  im])rovements  is  hereby  authorized  and  directed  to  procure  water 
meters  to  be  used  in  measuring  water  furnished  to  consumers  by  the  St. 
Louis  Water  Works.  The  cost  of  the  same  shall  be  paid  by  the  City  of  St. 
L(mis.     tOrd.  2213S.) 

The    ordinance   appropriates    $100,000    tlicn-for;    nrd.    21(;n3    is    iiltiii  ical    witli    it. 
except    that    it    appropriates    $50,000. 

Sec.  2499.  Kates  to  g'overnment.— The  assessor  and  collector  of 
.water  rates  is  hereby  authorized  and  empowered  to  issue  licenses  to  the 
United  States  Government  for  the  use  of  water  by  it  and  for  its  purposes 
from  the  city  waterworks,  at  a  rate  of  five  and  one-half  cents  per  one  hun 
dred  cubic  feet  and  upon  the  same  terms  and  conditions  and  subject  to  alt 
of  the  rules,  regulations  and  restrictions  now  or  hereafter  imposed  by  ordi- 
nance upon  users  of  water  within  the  City  of  St.  Louis.     (Ord.  20535.) 

Sec  2500.  Same — nieters  at  .lefferson  Barracks. — All  water 
so  fui-nished  for  use  at  Jefferson  Barracks  shall  ])ass  through  meters  to  be 
j).laced  bv  the  Cilv  of  St.  Louis  at  convenient  points  within  the  city  limits. 
(/?).,  sec!  2.) 


ART    II  .\tt.\i'ii.mi:n  r  w  li  ii  \\  atim:  i'Ihns  nffj 

Sec.  2501.  Sanu' — p  i  jm-  r»»iiiu'rti«ms.-  Tb<.-  wadr  tiiiiiiiiisHiiincr 
is  hfreby  autliorizctl  to  inakc  the  iicci'ssiirv  |ii|H'  cuOiittcUons  within  the  city 
limits,  witli  the  city  water  mnins  or  |ii|K's  and  to  jilate  nu'tors  upon  Rurli 
connections.     (/?>.,  ser.  '.i.\ 

See.  25(i'J.  Saimt'— rest-rx  at  ion  t»f  ri;{Iits  to  <it>.  -Tiie  City  of 
St.  Louis  reserves  the  riglil  to  alter,  aineni]  ov  repeaj  the  i>reieding  three 
sections  at  any  time.     {lli..  sec.  1.) 

Sec.  2.">03.  IVnalty  for  violating  article. — For  any  viohition  <>f 
the  i)r()visions  of  this  article,  for  which  a  sjH'cial  jienaily  is  not  hereinhefore 
proviih'd.  the  ollender  shall  he  ileemed  jjuilty  of  a  misdemeanor,  and  nfion 
conviction  thereof,  he  lined  not  h'ss  than  three  nor  more  than  one  linmheil 
dollars,  to  he  recovered  liefore  (he  [lolice  justice  as  in  other  cases  of  violation 
of  ordinance.     (  .M.  <".,  sec.  l'."{(!4.i 


CHAPTtH  M. 

OF  W.VTKl;   W<)UK.«.« 

ART.  I.      Attnchmcnt    with    wal.r    iijii.f. 

II.      Wafrr    work^    hnntls. 

.VHTICUC  1. 

.VTTACIIMICNT    WITH    \VA'|-|JU    IMI'ICS 

S.^iv  .'"(U.  Persons  making  attachment,  viv.,  required  to 
jfive  l)oiul.— Xo  j)erson,  firm  or  corporation  shall  make  any  attachment 
or  connciijun  with  thi*  jiiiies  of  the  St.  Louis  waterworks,  nor  make  any 
repairs,  addiiions  to,  or  alterations  of,  any  jiijie  oi-  tixlnre  coiinerted  lliere 
with  unless  he  or  they  shall  have  ;xiven  the  bond  reipiired  to  he  given  hy 
plnnd>ers.     (.M.  (,'.,  sec.  '2'.M\~).) 

PUimber's  bond,  sec  R.  C.  1791.  As  to  Charter  aiilliorlty  In  city  to  reKulnti- 
connections  and  reiiulro  (n  rnilt,   ."i^o   Art.   VI,  see.   i:!. 

Sec.  2505.  Bonded  plumber  to  procure  permit. — Any  bonded 
plumber  desirous  of  introducing  water  from  the  waterworks  to  anj'  preni- 

is<'s.  or  III"  inakinj;  any  repairs,  aildilions  to,  or  alteialions  of.  any  Jiipe  or 
tixtiire  supplied  with  water  from  the  waterworks,  sluill  tirst  jirwure  a  per- 
mit friitii  the  water  commissioner,     i  .M.  «'..  si'c.  2.'!t!(i.  i 

See.    2r)0»;.     .Applieations   to  be    written — wliat    t<»   contain. — 

All  applieations  for  pcniiiis  must  be  in  wriling  n|>on  blank  forms  furnished 
by  the  water  commissioner.  The  applicati<Mi  shall  state  tin;  location  of  the 
promises,  the  full  name  of  the  owner  of  the  jirojierty.  the  several  and  various 
uses  for  which  water  is  wanted  and  such  other  information  in-rtaiiiing  to 
the  subject  as  the  water  eomniissioner  may  retpiiie.     (  >f.  C,  sec.  2^67.) 

•Charter  provisions  a»  to  wntiT-worhn  ami  water  plpns:  fliart«r.  Art.  I,  nr 
1;  Art.  Ill,  HOC.  26.  rlaimo  2;  Art.  VI.  acufl.  2,  13,  and  oupocliilly  Art.  VII,  ooc-i. 
1-13.   with  note*. 

For  ordinance  r<>KUlntlon«  comi-rnlnK  plumblnir  and  draining'  in  Kcnoral,  mc 
R.  C.  nccs.  1TS7-1S01  of  Art.  IV,  Ohapt'T  23.  The  Charter  roqulr.-H  the  niisvinbly 
to  provide  that  connection*  with  water  or  gaa  pipes  shall  bo  subject  to  such 
roRulatlona  as  R.  P.  I.  may  provide,  and  that  a  permit  shall  be  ri'ijulrcd  to  make 
such  ronnertlon:     Art.  VI,  sec.  13. 

For  ordinances  provldlnir  sinking  fund  to  pay  water  lionds.  seo  ate  StlS,  and 
Charter   provision*    ""    - -  ■•     '■••     ■*•"     -•      '' 


1108  UKVISKU   I'OIM':   (<n   C.KNKKAI.  ■  )l;l)l\ANrKS  ICHAP.   ?,(l. 

Sei-.  2507.  Perniit^ — when  is.sucd. — A  (MMinii  Un-  iiiakiuj;;  an  at- 
tachment to  the  water  mains,  or  additionn,  alterations  or  re])air.s  of  pipe 
supplied  witli  water  from  the  waterworks  will  l)e  issued  liy  the  water  eom- 
iiiission(!r  u{K)n  jiresentation  of  a  <('r(ifi(ale  of  Ihe  snjiervisor  of  jilumbing. 
statiufi  that  the  i)roposed  work  is  approved  by  him.  and  another  certificate 
sif»ned  In  the  assessor  and  colkntor  of  water  rates,  slatint;  that  (he  cost  of 
Ihe  tap  and  the  sum  of  two  dollars,  lor  insertinj;  the  lap  in  the  water  main, 
has  been  paid.  Permits  for  attachments  lo  private  pipe  will  be  granted  only 
when  the  written  consent  of  the  owner  of  the  pipe  is  tiled  with  the  water 
(iimmissionei-,      i  M.  (\.  sec.  28(iS. ) 

Sec.  2508.      IVrmit.H — when    not    t<»    Uv     ixniutvd. —  I'trmits     for 

attachments  for  building  purposes  will  not  be  granted  until  the  building 
license  has  been  paid  to  the  assessor  and  collector  of  water  rates.  Permits 
for  attachments  will  not  ite  granted  when  the  service  pipe  passes  over  or 
llirough  premises,  which  at  the  time  or  may  thereafter  become  the  i)rop- 
crty  of  i)ersons  othei-  than  the  owner  of  the  premises  to  be  supplied  by  such 
attachments.  Permits  for  attachment  to  private  pipe  will  not  be  granted 
if  there  be  a  main  \>'\\>o  either  in  front  or  rear  of  the  premises  to  be  supj)lied. 
Permits  for  connections  for  fountains,  stand-pip»>M  or  pipes  for  fire  pi'otec- 
tion  sliall  not  l)e  granted  unless  the  water  is  taken  on  the  premises  for  other 
than  tire  ])ur|(Oses.  Permits  for  attachments  for  public  fountains  shall  not 
be  granted  until  the  pattern  of  the  rounlain  to  be  use<l  shall  be  ai)pi'oved  b,\ 
the  board  of  public  iiii])rovcmenis.     iM.  <"..  sec.  2:'.(>0.( 

Sec.  2.509  Tap.H  to  be  fnrnishe*!  Uy  water  ('oiiiniissioner — 
what  tappinjr  permitted. — No  tap  shall  be  used  except  such  as  is 
furnished  by  the  water  commissioner,  and  no  {lerson  except  the  tapper  em- 
jiioyed  l)y  the  water  commissioner  shall,  under  any  circumstances.  ta{>  the 
disti-ibution  pipes  or  insert  taps  therein.  No  lap  shall  be  inserted  in  a  pipe 
of  greater  intei-nal  diameter  than  (weiily  inches,  except  by  special  ])ermis- 
sioii  of  the  water  coininissioner  indorsed  on  the  jierinil.     (  M.  ("..  sec.  2."->70.  i 


.Sec.  2510.     Serviee  jupe,  ^^^pai^  al' — failure  to  repair — water 
.shut  off — failure  to   repay  when    repalretl   by   eity — penalty. — 

Whenever  nuy  service  pipe  or  attachment  to  same,  l»>ading  to  any  premises 
is  out  of  repair,  and  tlie  owner  of  sucli  premises  or  iiis  agent,  or  the  occu- 
pant thereof,  refuses  or  neglects  to  repaii"  the  same  at  once,  after  notice 
ii'om  the  water  commissioner,  the  necessary  repairs  shall  be  made  or  the 
water  shall  be  shut  olf  by  the  wjifer  commissioner;  and  in  case  of  repairs 
re(|uiring  prompt  attention,  the  ivpairs  shall  be  made  or  the  water  shall  be 
shut  off  by  the  water  comniissioner  witliout  such  notice.  A  bill  for  the  cost 
of  the  work  done  .-md  material  fui-nislied  by  the  water  commissioner  shall 
be  presented  to  such  owner,  agent  oi-  occupanl,  and  in  case  of  failure  to  ])ay 
Ihe  same  within  leu  days  after  presenlalion  of  said  bill,  the  as.sesscu-  and 
collector  of  water  i-att's  shall  lie  nolilied,  and  upon  recei\ing  such  luititica- 
tion.  he  shall  inimedialely  cause  ihe  watei-  to  be  shut  otf  and  may  withdraw 
ihe  taji.  OI-  (III  otf  Ihe  attachment  from  main  pipe,  and  no  further  license 
lor  watei-  lo  be  used  on  or  at  said  premises  shall  be  issued  until  the  cost  in- 
curred in  making  i-epairs  and  disconnecting  the  allachmeni  have  been  paid 
lo  the  assessor  and  collecloi-  of  water  rates.  lOrd.  1M5S7.  adding  sec.  2;{70a 
lo  M.  (M 

Sec.  2511.  Taps — regulation.**  of. — Taps  shall  be  in.scrted  at  lea.st 
six  feet  within  the  lines  of  the  building  to  be  supplied  therefrom.  No  more 
than  one  building  shall  be  sui)plied  from  one  lap  excej>t  where  there  is  no 


AKT.    I    1  ATTAl'llMlONT    \\  ITI I    WATKIt    I'll'IOS.  UOO 

iiKiiii  |ii|H'  cillii'i'  111  li'oiit  or  ill  llit-  rt-ar  of  llu-  iirtMiiiscs  in  Iw  siip|ilii>d.  In 
I'asc  a  ta[i  larjici-  than  IIiitc  I'niirlhs  of  an  indi  1m-  rcinicstcd  for  pi'lvalt*  ii'i<i 
(k'luf,  tin"  pariv  ili'sirin;;  siicli  laji  will  lie  riMiniri'il  In  |ilafc  a  wator  mi-tci- 
U{H>n  liis  attai'liniciit  at  liis  own  rxpcnsi'.  When  an  imrcasc  in  supply  is 
WiiiitiMl,  the  la|i  or  taps  in  use  must  lie  tli'awn  and  the  main  pln;:;;i'(l  al  the 
fXjM'iisi'  of  (In-  |)arl_v  dcsii-inf;  tin-  incrcascil  supply  iH-ftu-i'  the  new  tap  is  in- 
s4>rtiMl  in  ttic  water  main.  Wlii'ii  scrvii'i'  pipes  arc  abandoned,  of  wliieli  fact 
llie  water  coiiimissioncr  shall  lie  jiidfjc.  Ilie  taps  to  wliiih  said  abandoned 
pi|ies  are  coiini'i'led  shall  be  <lrawn  and  the  main  pipe  plu;;p'<l.  'I'aps  in 
S4'rted  for  biiildinf;  purposes  will  be  drawn  h\  the  water  roniiiiissioner  wlifii 
ihr  building  is  compli-tetl.  iiiilcss  it  br  inti-nded  to  extend  llii*  pi)>e  for  tin' 
supply  of  the  premises,  in  whieh  <as<-  ajiplieation  niiisl  be  made  in  the  usual 
manner,      i  .M.  ("..•sit.  L'.'tTl.i 

Si-e.     251L*.      \«»(if«'     1«»     Im-     };i\«'ii    of     |»rief    «»f    laps. —  When 
evi-r  tlie  priee  of  taps  has  been  determined  by  the  water  eoiiimissiom>r,  said 
wafer  eommissionrr  shall   notifv   the  comiitrollci-  and  auditor  ilii-n'ol'.      (M. 
( '..  .see.  •2AT2.  i 

Ser.  2.")13.  .Vtla«-liiiK'iit — wIk'ii  to  Ix-  ml  olF. —  \\  Inntvir  tin' 
Nhiitlin;;  otf  of  the  wa(er  from  any  altarhment  cannot  be  acc<Mii|dished  or 
niainlaiiied  in  the  ordinary  manner,  and  the  party  or  j)arlies  owninj;  tin- 
servi<'P  piix'  refuse  or  nej^leet  to  repair  the  same  at  oneo,  the  water  commis- 
sioner wlu'n  informed  tliat  said  shut  oH'  cannot  be  made,  will  draw  tlie  tap 
or  cut  oil"  the  aftachnient  from  the  main  piiic,  and  no  permit  siiail  l)e  fjranlcd 
to  reconnect  said  allachmcnl  until  the  cost  incurred  in  disconnectiii};  the 
same  has  In-eri  paid  to  the  assessor  ami  collector  of  water  rates.  (  .M.  ('., 
sec.  •_';{7:{.i 

See.  2514.  Sorvict'  pipes — Im»\v  laid^inatcrial  of. — All  .ser- 
vice pipe  i>laced  in  connection  with  the  waterworks  shall  be  made  of  lead, 
exj'ept  in  cases  where  the  water  commissiiuier  may  {.'rant  otherwise.  The 
pijie  shall  be  laicl  four  feet  below  the  surface  of  the  urouiid.  and  siiflicieni  ly 
waving  to  allow  an  extra  len<;th  of  one  and  one  half  feet  and  in  such  a 
manner  as  to  prevent  rui>lure  by  settlement.  Said  pipe  shall  be  of  the  class 
known  as  •'extra  slroni;"  and  shall  wcif^h  \>i-v  lineal  fool  for  various  diam- 
eters as  follows : 

Size  of  Ta|» 

One-half  inch. 
Fivc-eij;hths  inch. 
Three  fourths  inch. 
< )ne  inch. 

One  one-fourth  inch. 
One  one-half  imh. 

IHameter  I'ipe — 

Fiveeii^hths   inch. 

Three  foui'ths  inch. 

One  inch. 

One  one  fourth  inch. 

One  one-hnlf  inch. 

One  th !'(•<■  foui'ths  inch. 

Two  inch. 

Two  one  half  imh. 

Weight  per  foot 
Thri"**  pound.''. 


1110  REVISED  COKE  OR  GENERAL  OKDIXANCES.  [CHAP.  39. 

Three  pounds  ten  ounces. 
Four  pounds  twelve  ounces. 
Six  pounds. 

Seven  pounds  two  ounces. 
Eight  pound.s  four  'ounces. 
Nine  pounds  four  ounces. 
Sixteen  pounds  twelve  ounces. 

The  service  pijK;  used  for  interior  plumbing  (that  is,  all  inside  the 
premises)  may  be  of  the  class  known  as  '"strong"  lead  pipe,  but  no  pipe  of 
lighter  weight  than  this  shall,  und«!r  any  circumstances,  be  used.  The 
weight  of  this  class  of  i)ipe  shall  be  as  follows: 

Diameter  of  l'i])e — 
Five-eighths  inch. 
Three-fourths  inch. 
One  inch. 

One  one-fourth  inch. 
One  one-half  inch. 
One  three-fourth.s  inch. 
Two  inch. 

Weight  per  lineal  foot — 

Two  pounds  eight  ounces. 

Three  pounds. 

Four  pounds. 

Four  pounds  eight  ounces. 

Six  pounds  four  ounces. 

Six  pounds  eight  ounces. 

Eight  pounds. 

Service  j»ipes  must  be  laid  under  the  huilding  or  in  a  lot  clear  of  the 
building,  and  within  three  feet  of  the  sidewalk,  thereof.  No  serv- 
ice pipe  shall  be  permitted  to  be  laid  in  a  sewer  trench  or 
within  eighteen  ini-hes  alongside  of  sJiid  trench,  except  by  special 
permission  of  the  water  commissioner  indorsed  on  the  permit.  No  pipe  of 
less  diameter  than  five-eighths  of  an  inch  will  be  permitted  to  be  placed 
under  ground  in  connection  with  the  waterworks.  Tem])orary  service  pipes 
and  pipes  laid  to  supply  premises  where  there  is  no  water  main  in  front  of 
the  premises  shall  be  removed,  and  connections  made  to  the  water  main  as 
soon  as  it  is  laid  in  front  of  the  i)remises.     (M.  C,  sec.  2374.) 

Sec.  2515.  Htop  cocks — how  made — where  placed. — There  shall 
be  a  stop-cock  jdaced  on  every  attachment  to  the  waterworks.  In  streets  it 
shall  be  plaqed  under  the  sidewalk  within  one  foot  of  the  curbstone,  and  in 
alleys  it  shall  be  within  one  foot  of  the  side  line  of  the  same.  All  stop- 
cocks, without  exception,  shall  have  a  strong  and  suitable  "T"  head.  They 
shall  be  j)laced  immediately  in  fi'ont  of  the  premises  to  be  supplied,  and 
shall  be  inclosed  in  an  iron  stop-box  coming  up  even  with  the  surface  of 
the  pavement.  When  a  service  pipe  is  laid  in  a  street  or  alley  a  greater 
distance  than  fifty  feet  before  it  enters  the  premises  to  be  supplied,  there 
shall  be  two  stoji-cocks  placed  upon  said  i)ii)e;  one  as  near  the  water  main 
as  the  water  commissioner  shall  require,  and  one  in  the  sidewalk  or  alley 
iuimediately  in  front  of  the  premises.  When  a  service  pi]te  is  laid  along  the 
street,  before  it  enters  the  premises  to  be  supplied,  it  shall  be  laid  in  the 
stret!t  clear  of  the  gutter,  and  within  four  feet  of  the  curbstone.  In  cases 
where  several  buildings  are  supplied  from  one  tap  there  shall  be  a  stop- 


AKT.    I.J  \  rTACIIMIONT    WITH     WATIClt    I'IPKS. 


1111 


cock  and  Ixix  locjitcd  iumi-  Ilic  waii'i-  main,  and  also  a  slop  cdck  and  liox 
contriilliiifj  ihc  waicr  siijiplv  lo  i-acli  Imusc  iiidciicndcnilv.  i  M.  ('.  ecc 
2:i75.) 

Sec.  25lt).  Str«'«>(  wasliers— reffiilations  of.— Str.tt  wash.  is. 
when  jilaccd  in  loiiticilion  willi  (lie  iiiprs  siijipl^  in;;  llic  id'cniiscs,  shall  Ix' 
rontrollt'd  li.v  a  stop  loik  and  liox,  so  arranj,'cd  as  to  admit  of  tiic  water  Im- 
in;;  tiiriii'd  nil'  Irom  tlio  street  washer  without  interfering;  with  the  sujiplv 
for  tile  hnildinp;.  No  street  washer  shall  be  used  until  the  i)attern  of  the 
siiine  shall  have  been  approved  l)\  the  hoard  of  puhlie  improvements.  (.\|. 
< '.,  see.  ■J.">Tt>.  I 

See.  L'.'>I7  Scrvi<'«'  pipf  for  liuil(liii<;  piirpo.ses. — When  nn 
attachment  is  made  to  siijipU  water  for  Itnildin;;  |(iupo.ses.  the  serviee  pipe 
shall  be  earried  to  the  inside  of  the  curbstone  and  a  re^rular  sto])  eoek  and 
ho.v  shall  be  .set;  in  addition  to  llie  re;;ular  sto|)cock  and  box.  there  shall 
be  furnished  and  set  foi-  the  use  of  the  liuilder  a  street  waslier  so  ai'ranp'd 
as  to  operate  wiih  a  Ucv.     i  .M.  <;.,  see.  2:>77.i 

Sec.    25hs      Siipi>l\    pipe.-* — stop   cork    for,     wliere    placod,— 

There  shall  be  a  slop  and  waste  eoek  attached  to  everv  su[)pl.v  pipe  at  the 
I'oint  where  it  entei's  the  liuildin;;,  and  so  arran;;ed  and  maintained  as  lo 
admit  of  the  water  bein;;  sliiil  olf  and  the  jiipcs  in  the  linildin;;  drained.  ( .M. 
('.,  see.  •2;'>7S.i 

Sec.  25H).  Sorviff  i)ipe.s — stop-boxes  <»ii. — All  stop-boxes  u.sed 
on  service  pipes  connected  with  the  waterwoiks  shall  be  of  iron,  and  shall 
be  so  made  as  to  be  adjustable  in  lenj;tli,  ami  of  a  diameler  at  (he  smallest 
point  of  not  less  than  four  inches.  No  jialtern  of  slop  box  shall  be  used 
until  the  same  shall  have  been  a|i[iroved  bv  the  lioard  of  indtlic  improve- 
ments.    tM.  (".,  .sec.  l':!7!t.  I 

See.  2520.  New  work — duty  of  jiliiiiiber. —  When  the  j)hnnl)- 
ing  work  in  connection  with  any  new  atlailimeiit.  or  in  any  new  bnildin;;. 
has  been  completed  and  lesled.  it  shall  be  the  duly  of  the  plumber  to  shut 
nif  tht'  water.  When  a  sliui  olf  for  the  purpose  of  repair  cannot  be  made 
in  the  usual  manner  and  it  is  desired  to  have  the  water  turned  olV  from  the 
main  iiijies,  the  plumber  desiring  such  shut  oil'  will  be  required  to  |)ay  the 
assessor  and  collector  of  water  rates  tlie  sum  of  two  dollars  to  cover  the 
cost  of  the  shut  otr.     (M.  C,  sec.  2380.) 

.Sic  •j.'')_'1  i'liiiiiblii^  work  to  eoiiiply  witli  tlie  rules  of 
boiiril  of  piililir  iiM]>ro\  t'liu'nts, — .Xo  \>'n>r  lixiuri-  ur  .ipiiiii-ii-nitni'r  of 
any  kind  whatsoever  sliall  be  u.sed  in  connection  with  Ihe  ]ilumbing  of  any 
premises  until  the  pattern  of  the  same  shall  have  been  approved  by  the 
board  of  public  improvements.  All  plumbing  work  shall  \to  done  iu  iic- 
cordance  with  the  rules  and  regulations  of  the  board  of  public  im])rove- 
ments,  and  shall  be  subject  lo  the  insiwclion  of  the  supei'visui'  of  |dundiing, 
ami  no  work  shall  Ik-  covered  up  or  regularly  supplied  with  water  fr<im  Ihe 
waterworks  until  examined  and  approved  bv  him  or  his  diih  authoriz«>d 
igeut.     (M.  C,  sec.  2381.) 

Sec.  2522.  IClevators  ami  lar;;e  roniifcl  ions  —  re;;ula(ions 
for. — All  elevator,  inoliU'  or  i>tlier  laigi-  conni'itioiis.  in  addition  to  the 
stop  valve  in  the  stri><'t  must  be  supplied  with  another  valve,  for  the  u.se  of 


1112  REVlSKli   COIJK  Oli  GJi.NKRAL  ORDINANCES.  ICHAP.  V.K 

the  occupants,  where  the  j>ip('  first  futers  the  Imildini;.  I'arties  desiriu}: 
attachments  for  siipjilyiiif;-  water  to  elevators,  motors,  fii-e  j)i]K's,  or  other 
large  connections,  shall  tile  an  ai>]>licalion  with  tlie  watei-  commissioner 
stating  such  information  jiertainiiig  to  the  subject  as  he  may  re(|uire.  Such 
attachment  will  be  made  by  the  water  commissioner  at  the  cost  of  the 
I)arty  desiring  the  attachment  when,  in  his  opinion,  the  attachment  or  the 
use  thereof  will  not  interfere  with  or  endanger  the  water  supply  to  build- 
ings in  the  immediate  vicinity.  Air  chambers  of  sufficient  capacity  to  pre- 
vent excessive  ramming  shall  l)e  ])laced  on  all  connections  supplying  hy- 
draulic elevatoi's.  Connections  for  furnishing  water  for  fire  purposes  shall 
not  l)e  used  for  any  other  jturpose  unless  a  water  meter  is  placed  thereon 
by  the  (larties  desiring  the  water.     I'M.  ('..  sec.  2382.) 

Sec-.    2')'23.     Staiid-pipe.H — to     be    provided    with     valves. — 

stand-pipes  and  pipes  intended  for  fire  protection,  for  which  no  charge  is 
made  for  the  u.se  of  water  for  extinguishing  tires,  must  be  provided  with  a 
suitable  valve  where  the  pijje  enters  the  building;  it  shall  be  sealed  by  the 
water  commissioner.  In  case  such  seal  shall  be  broken  for  the  extinguish- 
ment of  any  fire  the  party  shall  iiumediately  give  notice  to  the  water  com- 
missioner, and  no  seal  shall  be  broken  for  any  other  purpose  or  use,  or  any 
tap  introduced  into  or  connection  made  with  said  stand-jiipe  or  pipe  for 
fire  protection,     i  M.  ('.,  sec.  23S."}. ) 

Sec.  2524.  Plumbers — to  make  weekly  returns. — It  shall  be 
the  duty  of  all  persons,  firms  or  corporations  carrying  on  the  plumbing 
business  in  the  City  of  St.  Louis  to  make  weekly  returns  to  the  assessor 
and  collector  of  water  rates  of  all  alterations  of  or  additions  to  i)lumbing 
work  made  by  them  during  the  previous  week.  The  returns  shall  state  the 
nature  of  the  additions  or  alterations  and  such  other  particulars  necessary 
to  a,  full  understanding  of  the  subject  as  the  assessor  and  collector  of  water 
rates  may  require.     (M.  C.  .sec.  2884.) 

Sec.  2525.  Plumbers — names  not  to  be  used  by  others — must 
turn  oflF  Avater  after  testing.—  No  per.son,  firm  or  corporation  carrying  on 
ihe  idunibing  business  shall  allow  his  or  their  name  to  be  used  by  any  per 
son,  directly  or  indirectly,  either  to  obtain  a  jiermit  or  permits,  or  to  do  any 
work  under  his  or  their  bond,  or  make  any  misrepresentations  or  omissions 
in  weekly  returns  or  leave  the  water  turned  on  after  comjiletiiig  and  testing 
the  i)lumbing.      (M.  C,  sec.  2385.) 

Sec.    2526.      Tap — permit     not     to     be     issued — when. — When 

a  fine  shall  have  been  imposed  ui)on  any  person,  firm  or  corporation  carry 
ing  on  the  plund)ing  business,  or  his  or  their  bond  or  certificate  shall  havi' 
been  forfeited,  suspended  or  canceled,  the  water  commissioner  shall  refuse 
to  issue  any  tap  permit  to  such  jierson,  firm  or  corporation  until  such  fine 
has  been  paid,  or  until  such  bond  or  certificate  has  been  duly  renewed  by 
the  projH'r  officer  oi-  dejiartment.     (M.  C..  sec.  238G.) 

Sec.  2527.  Penalty. — Any  person  violating  any  of  the  ju'ovisions  of 
this  chapter  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  fined  not  less  tlian  ten  nor  more  than  two  hundred  dollars, 
to  be  recovered  to  the  use  of  the  city,  before  any  court  or  officer  having 
compelenf  jurisdiction.     (  .M.  (.'.,  sec.  2387.1 


rifAP     ("I  WKIi:ilTS     AM'     MKA.SritlOS-     I'MPAItTMlCNT    OP.  1113 

Airrhi.i:  1 1. 

WATIOK     \Vi>l!KS     ISONMS* 

Sw,.  2r>2.s.      Siiikiiij;   I'liiul   for    "St.    Louis    \\;it«r    ImmkIs." — In 

lonformilv  willi  the  i'('i|nil'ciiicii(s  ol'  scrtiuii  t'Icvcii  of  Article  scvi'ii  of  (lir 
( "hai'ici-  (il  ilic  ("il.v  (if  St.  Louis.  Ilici-c  is  herein  sel  ;i]i;iri  :iiiiiii:illy  out  of 
the  wliole  iiei  iiicdiiie  rejili/.ed  from  reuls  and  receipts  of  tlie  waterworks  in 
excess  of  wliat  mav  he  necessarv  for  ('oin|>letiii<;,  conslriictiii};.  ojiei-atin};  aixl 
fepairiiif;  llie  waterworks,  and  for  interest  on  (he  water  lioiids,  the  sum  of 
lhro<'  hundred  tliousand  dollars  as  a  sinkinj;  fund  solemnl.v  a|>|>ro|irialed  to 
and  for  the  payment  of  the  hoiids  issiied  for  the  erection  of  the  walei'works. 
denominated  ""Sj.  Louis  water  houds.'"  and  shall  lie  aiijilied  solely  to  that 
|iurpnse  until   the  whole  of  s.iid  bonds  l)c  full\    paid,      i  ( >rd.  J I  IT."),  sec.   l.i 

Sec.  •J.">2!i.  S  ji  111  «• — lu»u  iii\  fstcd.  Tile  hoard  111  liind  comnii>- 
sioners  is  liereln  empowered  aiul  direct<'d  to  invest  (he  assets  of  the  sinkiiii: 
fund,  as  created  h.v  (he  pro\  isions  (d'  the  precediu};  section,  in  the  manner 
provided  for  in  section  ele\-en  of  Article  sexcn  of  tlie  charier,  that  is  to 
say,  in  Si.  Louis  water  Ixuids.  if  the  same  can  he  done  advaiiiaj;('ouslv.  and 
if  not,  in  other  ImmmIs  <d'  the  ("it\  of  St,  Louis:  and  if  none  such  ai-e  pro- 
ciiraide,  (hen  in  Imnds  nl  ihc  Stale  of  .Missouri,  or  the  I'nilcd  Slates,  i  ( »rd. 
•J 1 47."..  .se.-.  L'.  1 

Sec.  2.")Hit.  Kuml  l«»  iiMM'l  iii(t'r«'s<.  In  .iddiiion  to  the  amount  set 
aside  from  water  works  rcNciiuc  for  sinkiii},'  fund  jiurposes,  there  is  hori'l>.\ 
a|ipropriated  and  sel  aside  aimuallv  in  coTiformity  \\  itii  tli<-  reijuiremenls  of 
the  charter,  a  suf(icien(  amount  to  meet  the  interest  manning'  on  lh(>  hiiiids 
due  for  the  i-recdon  of  the  watei-works  and  denominated  'Si.  Louis  watei- 
lioiids  ■■      I  //(.,  sec.  .'!.  I 


(.HAI'ThK   4(».*- 

WKICIITS    A.NI>    .MKASfltKS      1 1  lOl'A  ItTM  KNT    c  il'. 

ART.  I.  or   Inspector. 

II.  Of  woifctit»    an«l    inoasures. 

III.  or  piibllr  scales. 

IV,  Of  city   wclKlinrs. 

V.     Of  liimhor   nifnsurur.s. 


•"•Ii.iri.r     Art.    VII.    sors.    11.    IS. 


••Charter  authority  to  roKUlatc  tli.-  .xlanUiird  of  wcIkIu.h  aii.l  m.^asures.  ami 
In.iprrtlon.  etc.:     Chart..  Art.   Ill,  sec.  26.  clause  7:  Art.   IV,  sec.   30. 

Where  under  n  municipal  charter,  the  power  to  regulate  welKhts  Is  Incident 
to  and  part  of  the  Krant  to  refrulate  markets.  It  Is  strictly  a  police  power.  It 
cannot  l.e  exer.is.d  for  r.venue  purposes:  Lamar  vs.  W.ldmnn.  .'.7  Mo  Ai-p 
507.    51.1 

The  ordinance  of  .St.  Louis  requiring  coal  dealer.t  to  furnish  eertltlcates  to 
the  consumers  is  valid  under  the  charter  authorlzInK  provisions  for  welRhhii.' 
coal;  and  the  provision  In  the  Charter  "to  regulate  retailers"  nf  coal  authorizes 
a  charge  for  such  certincatea:  Sylvester  Coal  Co.  vs.  St.  Louis.  1.10  Mo.  323.  See 
where  similar  ordinances  wirt!  upheld:  St.  Charles  vs.  Eisner.  ITi."  Mo.  671,  S«-e 
also  St.  Ixiuls  vs.  Prlesmeyer,  12  Mo.  App.  592  (memo.  opin.  i.  ami  as  to  Slat- 
law,  sec   State   c»   rcl.   vs.   Goffee.    192   Mo.    S70. 


1114  PiFJVISED  CODE  OR  GR.N'ERAL  ORDIXAXCKS  [CFIAP.   40. 

ARTKU.E  I. 

OF   INSPECTOR. 

Sec.  2531.  Duties  and  powers  of  inspector. — It  shall  be  the  dut.v 
of  the  inspector  of  weights  and  measures  twice  in  every  year  to  examine  and 
rest  the  accuracy  of  all  weights,  measures,  scales  or  oilier  things  used  for 
weighing  or  measuring  any  article  for  sale,  or  which  may  be  used  in  such 
manner  that  the  accuracy  of  them  may  pecuniarily  interest  any  other  citi- 
zen than  the  owner,  to  stamp  with  a  suitable  seal,  to  be  prescribed  by  the 
mayor,  each  weight,  measure,  scale  or  other  thing  so  used,  which  he  may 
rind  to  conform,  or  which  shall  be  made  to  conform,  to  the  standard  pre- 
scribed by  the  laws  of  the  United  states,  or  of  this  state,  and  deliver  to  the 
owner  thereof  a  certificate  of  their  accuracy;  to  seize  in  the  name  of  the 
city  all  false  weights,  measures  and  scales  whii  h  he  may  find,  and  which 
the  owner  shall  fail  to  have  immediately  made  conformable  to  said  laws. 
He  shall  keep  a  record  of  all  scales  and  measures  inspected  by  him,  specify- 
ing date,  place  of  inspection,  and  the  names  of  the  parties  for  whom  the  in- 
spection was  made,  and  of  all  persons  who  fail  to  have  the  same  corrected 
when  not  so  found,  and  to  report  such  person  or  ])ersons  to  a  j»olice  justice; 
To  report  at  least  once  a  month  to  the  comptroller  the  names  of  the  ])ersons 
and  the  number  of  weights,  measures  and  scales  examined  and  found  by  him 
to  be  accurate,  and  shall  make  a  daily  report  of  the  amount  of  fees  collected 
l)y  him,  and  pay  the  same  daily  into  Ihe  city  treasury,  taking  the  treasurer's 
T-eceipt  in  triplicate  therefor,  and  filing  one  with  the  comptroller,  and  one 
with  the  auditor,  and  to  inspect  and  test  any  of  the  public  scales  of  the  city 
when  requested  by  the  weighers  thereof.     (M.  C,  sec.  23S8.) 

CliartiT    provisions    affecting    Inspector:      Charter,    Art.    Ill,    sec.    26,    clause    7: 
Art.  IV,  sees.   30,  47.      See  preceding:  note. 

Sec.  2532.  Weights  and  measures  open  to  inspection — 
penalty  for  attempt  at  concealment. — All  weights,  measures,  scales 
or  other  things  used  in  the  manner  ])rescribed  in  section  2531  shall  be  sub 
ject  to  inspection  as  hereinafter  inovided,  on  and  after  the  first  Jlonday  in 
January,  and  a  second  or  subse(iueiit  inspection  on  or  after  the  first  Monday 
in  July  of  each  year  without  regard  to  date  of  any  preceding  certificate. 
Persons  who  for  the  purpose  of  avoiding  inspection,  conceal  or  attem])t  to 
conceal  scales,  weights,  or  measures,  sliall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  fined  as  ]irovid(>d  in  section 
-'548.     (M.  r.,  sec.  23X0.) 

Sec.  2533.  Persons  usinff  weiffhts,  etc.,  to  cause  them 
U>  be  examined,  etc. — penalty. — All  persons  using  weights,  meas 
iires,  scales  or  other  things  in  the  manner  prescribed  by  section  2.j31,  shall 
cause  the  same  to  be  examined,  tested  and  sealed  as  hereinbefore  required ; 
and  no  such  weights,  measures,  scales  or  other  things  so  u.sed,  shall  be 
deemed  inspected,  tested  or  sealed  until  Ihe  owner  or  owners  thereof  shall 
liave  paid  for  and  obtained  a  jn-oper  certificate  or  certificates  from  the  in- 
spector of  weiglits  and  measures,  and  the  owner  or  owners  or  party  in 
charge  sliall  ]i()sl  said  certificate  or  certificates  on  the  scale  or  in  some  con- 
spicuous place  adjacent  thereto;  and  on  failure  to  do  so,  shall  be  liable  to 
arrest  and  fine  as  provided  in  section  2i)4S.     (  M.  C.  sec  2390.) 

Sec.   25.>4      Ai'tick's    requisite — how    purchased — supplies. — 

The  comiiiissioiier  of  sii|i])iies  is  authorized,  upon  the  requisition  of  the  in- 
sjiector  of  weights  and  measures,  to  purchase  such  s<'ales,  measures,  instni- 


ART.   M  OF   INSI'KCTOR.  III5 

merits  and  utt-iisils  as  may  be  riiiuisile  for  the  cfticiwuy  of  llie  office  of  the 
inspector  of  weiybts  and  measures,  to  be  kept  there  as  city  property  for  the 
uses  of  his  office,  and  to  be  turned  over  by  liim  to  his  successor  in  t)ftice 
whenever  required  to  do  so  on  taking  a  receiiit  therefor,  wliich  I'eccipt  siiall 
be  tiled  with  llie  I'ef^ister  before  beinj;  disiiiarned  from  liis  bond.  t.M.  i\, 
aec.  -SMI.) 

Sec.  25.'>5  Dry  in(>iimiri>— .Htaiuiar<i  of. — All  .-substances  other 
than  liipiids,  n\  lien  sold  by  measure  shall  be  sold  by  dry  measure  according 
to  the  standard  eslablislicd  by  law.     (M.  O.,  sec.  •2'M2.) 

Sec.  •2n3(i.  Kvidonce  <»f  ii.se  of  measures — i>eiialty  for 
false  measures.  Tlic  pro.\imily  of  all  weijilits,  measures,  scales  or  other 
tliin};s  u.sed  for  w fi^liiiij;  or  iiieasuriii^.  to  };oods,  wares  or  other  articles 
••xposed  foi'  sale,  shall  be  ex  ideiici-  of  their  use,  and  the  inspector  shall  ar 
ii-st,  or  cause  to  be  ariesled,  ;my  |ierson  or  persons  usiiif^  in  the  manner 
provided  in  this  artii-le,  such  weij,'lils,  measures,  scales  or  other  things,  and 
contiscale  all  false  measures  which  are  not  in  accordance  with  the  stanihird 
prescribed  by  the  laws  of  the  United  States  or  of  this  slate,  and  every  such 
(M-rson  sliall  be  <h>emed  ;iuilty  of  a  misdemeanor,  ami  upon  conviction  tliere- 
iif.  be  HiiimI  as  pinv  ided   in  scilicin  l.*.")4.'^.      (  M.  ( "..  sec.  L'l'.!).'!. ) 

Sec.  2537.  What  deemed  yard  sticks. — 'Ihc  in.spec.tor  of 
weifihts  and  measures  sliall  consider  all  yard  measui-es  or  devices  of  any 
kind  used  for  measuring;  jjoods.  as  yard  sticks,  and  exact  a  like  fee  there- 
for, and  the  ins|iecti>r's  ceriilicate  shall  be  ^iven  only  oii  llie  receipt  of  the 
fees  eslablished  by  this  article.     (.M.  ('.,  sec.  li;!!)4.) 

Sc<-.  25.S8.  F<»es  <»f  iiispeeiion — fals«'  iii<>asur«'s — |M^nalty  of 
frauds.  --The  iiis|MMi(ir  of  \\eij;lils  and  measures  shall  cliarf;e  for  e.xam- 
iiiiii^.  tesliiij;.  sealiiij;  and  ceitilMii^  as  herein  i'ei|uire(|.  as  tuilows,  viz.: 
\uy  steel  yard,  beam,  ;;round,  floor-,  platform,  counter  t>r  other  scale  upon 
which  may  l)e  weifjlied  less  than  six  hundred  jionnds,  twenty-five  cents  each; 
any  such  instrument  upon  which  may  be  weifjlied  six  hundred  jwunds  or 
liver,  and  under  twelve  hundred  pounds,  fifty  cents  each.  Any  such  instru- 
ment liy  which  may  be  weij^hed  twelve  hundred  {lounds  or  over  and  under 
'wenty-live  hundred  ]ioumls,  seventy-live  cents  each.  Any  such  instrument 
iiy  which  may  Ik>  weijihed  twenty  live  hundred  |)ounds  or  over  and  under 
four  thousand  [lonnds,  one  dollar  each.  Any  store,  waj^on,  depot,  liopjier, 
ho^,  stock,  hay,  coal  or  other  scales,  by  whatsoever  name  known  or  called, 
ujion  which  may  be  weighed  fotir  tiiousand  i>onnds  or  over,  two  dollars 
each.  .\ny  tr.-ick  scale,  or  scale  used  for  weighin};  railroad  cars,  five  dollars 
each.  One  set  of  wei;;hls  sliall.  as  to  the  compensation  of  the  inspector  <if 
wei^;lits  ami  measures,  be  considered  a  jiarl  of  the  scale;  any  adilitioiial 
weifjht  or  set  of  wei<;lils  shall  be  cliar^<>d  for  al  the  rate  of  twenty  <'enls  per 
set.  Any  yard  stick  or  yard  measure,  ten  cents  each.  Any  dry  or  lifpiid 
measure  (not  in  sets),  five  rents  each.  .\ny  nest  or  set  of  mi-asiires,  twenty 
cents  per  nest  or  set.  Measnrr's  conlaiiiin;;  more  than  one  "gallon,  live  cenls 
l>er  gallon  shall  he  charged,  for  evei'y  additional  gallon  which  the  measure 
contains.  .Ml  cliarcoal  measures,  llfteeii  cents  each.  Any  [lerson  or  persons 
detected  in  altering  or  changing  any  weights  or  measures  so  as  lo  measure 
more  or  less  than  the  (|u.'iiitity  or  weight  cei-tilied  lu  upon  said  weight  or 
measure,  shall  Iw  deemed  guilty  of  a  misdemeanor.  .\iiy  jierson  or  persons 
using  weights  or  measures,  whicli  weights  or  measures  have  not  been 
-tamped   as  correct   by   tlie  ins]M'ctor.  shall   l>o  deemed   guilty  of  a  misde- 


111(3  i:i;visi:i)  CDHK  OR  (iicNKKAi.  iji:i>i.\ANCi;t;.  [CHAP.  !". 

lueanor.  Aii.v  imtsoii  <ir  jx-rsdns  convicted  of  a  inisdciiicaiinr  imdcr  this  sec- 
tion shall  lie  fined  in  the  .snin  of  not  less  than  five  nor  more  than  one  hun- 
dred dollars.      i.M.  ('..  .sec.  liM'J.").  i 

See.  '253!t.  InsixM-tion — f«»«'s  for  siib.stMiueiit. —  Tli.  iu.spector 
of  weif^hts  and  ineasni-es  shall,  for  a  second  or  snhscMjnent  inspection  of 
weijrhts,  measures,  scales  or  other  things  used  as  presciibed  in  section  li53l. 
charj^e  and  receive  the  same  fees  as  for  a  first  iTispection  s]»ecitied  in  this 
article.     (M.  ('..  sec.  li.'Wti.  I 

Sec.    2540.     Feen    for    inspectinj;     lia.v     and     coal     scales. — 

The  inspector  shall  cliar^e  for  insyiectinir  and  testing  the  several  scales  o' 
the  city,  for  the  weigliini;  of  lia.v  and  slone  coal,  two  dollars  for  each  in 
spection,  and  for  each  j)]atroriii  scale  in  the  use  of  the  city,  two  dollars  per 
year,  and  the  aiulitor  shall  andii  such  acconnt.  charging  I  he  same  to  appro- 
priation for  scales,     i  M.  ('..  sec.  I'.'^'iT.  i 

Sec.  2541.  Diit.v  of  «'oinptrolU*r — tluty  of  iiiMpector — pen- 
alt>'  for  failure. — The  comptroller  shall  deliver  to  the  inspector  of 
weights  and  nieasvires  blank  certificates  or  tickets  embracing  a  license 
clause  with  the  amount  specified  therein,  charging  him  therewith,  and  he 
shall  account  for  the  same  in  the  same  manner  as  other  officers  engaged  in 
the  collection  of  the  city's  revenue.  The  inspector  shall  deliver  to  every 
person  from  whom  lii^  receives  a  fee,  certificates  or  tickets  duly  signed  and 
authenticated,  stating  the  article  or  articles  inspected  and  the  fee  received 
therefor,  and  shall  make  a  faithful  return  for  the  same  as  hereinbefore  di- 
rected. For  any  failure  to  comply  with  the  provisions  of  this  section,  he 
shall  be  immediately  suspended  by  the  mayor,  and  the  facts  causing  the 
suspension   rej)orted    to   the   ((nincil    for   their  consideration.      (  .M.   <1,   sec. 

Sec.  2542.  Bond  of  inspector. — The  inspector  of  weights  and  meas- 
ures shall  tile  with  the  register  his  penal  bond,  with  two  or  more  good  and 
sufficient  sureties,  owners  of  unincumbered  real  estate  in  the  citj',  in  the 
sum  of  five  thousand  dt)llars,  to  be  approved  by  the  mayor  and  council,  for 
the  faithful  discharge  of  his  duties,  and  for  the  payment  into  the  city  treas 
ury  of  all  fees  and  other  monevs  collected  bv  him  belonging  to  the  citv. 
(M.  C.  sec.  2399.) 

Sec.  2543.  A  s  h  i  8 1  an  t  s  ami  clerks — .Halaries—duties. — Th<- 
inspector  of  weights  and  measures  shall  employ,  with  the  consent  and  aji 
proval  of  the  mayor,  five  suitable  and  competent  ])ersons  as  assistants,  one 
of  whom  shall  be  a  practical  scale  maker,  and  one  suitable  and  competent 
person  as  clerk,  who  shall  receive  compensation  for  their  services  as  fol 
lows,  towit:  First  assistant,  fifteen  hundred  dollars  per  annum,  payable 
monthly;  one  second  assistant,  on(>  thousand  dollars  pei-  annum,  payable 
monthly;  two  second  assistants,  nine  hundred  dollars  p(>r  annum,  payable 
monthly;  one  third  assistant,  six  Inindi-ed  <lollars  per  annum,  payable 
monthly;  one  clerk,  one  thousand  dollars  pei-  annum,  payable  monthly,  on 
the  certificates  of  the  inspector  of  weights  and  measures,  out  of  the  appro- 
priation for  salaries.  The  said  assistants  and  clerk  shall  be  under  the  di- 
n^ction  and  control  of  the  insjiector  of  weights  and  measures  and  shall  per 
form  stich  duties  as  the  said  inspector  of  weights  and  measures  shall  direct 
and  he  may,  whenever  iit  his  opinion  the  inter(>sts  of  the  city  shall  be  suli 


AKT.  1]  "I-  iNsi-i:ir<>i;  HJ7 

s(-rvc<l  lii<-r('li_\ .  dismiss  aiiv  of  saiil  ii.ssisiaiits  or  ricrk  ami  a|i|><iiii(  nilicrs  In 
tbi'ir  stoad,  widi  lln-  ai>|ii-oval  ol"  tin-  inavor.  (»>r(l.  "Jniilt.  amciuliiij;  M.  < '., 
s»-o.  2400. 1 

Sec.  2514.  Saiar\  of  iii>|M-«-lui-.  Tlic  iii.siicciur  ol  w(;i};iii.s  ami 
ineasiircs  shall  i-crci\c  Irom  llii-  city  as  i'<>iii|>ciisal  ion  I'oi'  his  services  tin; 
sum  of  thi'ec  ihiMisainl  ilollars  \k'V  aiiiiiiiii.  pavalile  nioiithlv.  iM.  C,  sit. 
-'401.) 

Sec.  2545.  <'il.>  l«»  riiiiilNli  li«trs«'.s  ami  wagons. —  For  tin 
1180  of  the  iiis|ic(ii(iii  (lc|)ai-|meiii  ilie  riiv  shall  siijiiilv  and  furnish,  and 
provide  foi-  llie  l<eci)inj;  ilii'i-eof.  all  hor.ses  ;imi  wa^joiis  necessary*'  for  the 
eftieieiil  adminisi  lai  inn  ol  ilir  Imsiness  of  llic  c|c|iarlmenl.  (M.  C,  ape. 
1'402.) 

See.    '_'r>4ii      l>air>nu'ii.     Iia\\k«'rs,     vtv. — diiticN     ol"     |M-iialt> 

for  violation.  All  dairNinen.  hawkers,  peddlers,  junk  or  raj;  dealers. 
who  have  no  regularly  established  plaet!  of  huslne.ss,  usinj;  seales,  weights  or 
measures,  oi-  otiier  thin>;s  to  wei^h  or  measure  by.  shall  have  tlio  same  in- 
•sIH-eled  and  tested  by  the  inspector  of  weifihts  and  measures,  at  liis  ofliee 
in  the  city  hall,  between  the  hours  of  nine  and  eleven  a.  m.  .Vny  lall|  dairy 
men.  hawkers,  peddlei-s.  Junk  and  ra^  dealers,  who  fail  to  comiily  wilh  this 
section,  shall  b<'  <jeerned  to  be  •.niilly  of  a  misdemeanor,  and.  ujion  eouvielion 
thereof,  shall  be  lined  not  less  ihaii  five  nor  more  than  leu  dollars.     |,M.  C 

See.  2.">47.  Staiulard  hii.slu'l  l»ox  t'slal»lislu'<l~Hal<'  in 
\  iolaf  ion  — |M'nall>.  'rheie  is  hereby  establisheil  a  slanilard  bushel  bo.\, 
he  dimensions  of  «  liich  shall  be  as  follows:  Len;ith,  twenty-three  and  one 
lourth  inches;  depth,  nine  and  three-fourths  inches,  and  widtli.  eleven  inches, 
inside  meas\irement.  The  dimensions  of  fractional  i)arts  of  a  staiichird  l)nshel 
^hall  be  as  follows:  A  half-l)ushel  -diameter,  twcdve  and  one-half  inches: 
•  leiith  eij;hf  and  thirteen  sixlei'iil  lis  inches;  a  ([uarti'r  bushel — diameler  ten 
iml  live  si.xtfenths  inches,  depth  si.v  and  tliree  eif^hts  inches;  a  onecif^hlb 
liushel  iliMini'ler  .seven  ami  lifteen-sixteenlh  imhes.  di-plli  livi;  ami  three 
'•ijlliths  imhes;  a  one-si.xteenth  bushel  —diameter  six  and  one  (pmrter  inches. 
depMi  four  and  live  sixteenths  inches;  a  one  tliirty-second  hnsliel — diameter 
live  and  one  fourth  inches,  depth  tliree  and  one-sixteenth  inches.  .Ml  bushel 
Ik)x«>s  and  all  fractional  parts  thereof  shall  lie  of  the  forefjoing  dimensions 
•tnd  shall  be  used  only  for  sellin;;  ami  buyint;  fruits  ami  ve;;elables.  .\iiy 
(H-rson  oll'erin;.'  for  sale  such  fi-uils  and  vegetables  in  boxes  shall  h.ive  such 
Imixcs  ins|iect<'d  and  sealed  once  each  yi'jir.  and  I  he  fee  for  such  inspection 
>hall  be  ten  cents  for  each  box.  The  inspector  of  weights  ami  measures 
shall  refuse  to  stamp  as  a  bushel  box  any  box  not  c«>nforming  to  the  I'e- 
'luirements  of  this  si»ctiou.  Any  |»ersoii  or  persons  using  lioxes  for  the  pur- 
pose of  selling  any  fruit  or  vegetables  of  other  dimensions  that  is  likely  to 
deceive  or  who  does  not  have  the  same  made  to  conform  to  tlie  prescribed 
standard,  after  having  been  miiitied  to  do  so,  shall  Im'  deemed  guilty  of  a 
inisdemeamtr.  and  shall,  upon  con\i('lion.  be  lined  not  less  than  live  dollars 
nor  mole  than  twenty  live  dollai's.     i  .M.  <'..  .sec.  l,'4(14.  i 

Sec.  •j.'ii.s  IN'naKv.  -.\ny  jM-rson  who  shall  violate  or  fail  to  comply 
with  the  pro\  isions  of  tins  article  shall  U-  deemi'd  guilty  of  ii  misdemeanor, 
■md  upon  con\iciion  thereof  Im>  lined  not  less  than  five  ihdlars  nor  more 
'ban  one  hnmlrcd  dollars.      iM.  ('.  sec.  24<l."i.) 


1118  KJ-JVISED  CODE  OR  GENERA!,  ORDIN-VNCBS.  [CHAP.   40 

ARTICLE  II. 

OF    WKJOHTS   ANIi   MEASURES. 

Sec.  2549.  Standard  weights  of  various  articles. — The  follow- 
ing grains  and  other  articles  when  sold  as  niercliandise  in  the  Citj  of  St. 
Louis,  and  when  .sold  by  the  bushel,  shall  be  considered  as  sold  at  the  fol- 
lowing number  of  jjonnds,  avoirdupois,  to  the  bushel,  namely:  Wheat, 
heans  (except  castor  beans),  clover  seed,  i)<itatoes,  sixty  pounds  to  the 
bushel ;  rye,  flaxseed,  fifty-six  pounds  to  the  bushel ;  barley,  forty -eight 
pounds;  bran,  twenty  pounds;  onions,  fifty-seven  pounds;  dried  peaches, 
thirty-three  pounds;  dried  apples,  twenty-four  pounds;  buckwheat  seed, 
fifty -two  pounds;  castor  beans,  forty-six  pounds;  hemp  seed,  forty-four 
pounds;  bluegrass  seed,  fourteen  pounds;  timothy  seed,  forty-five  pounds; 
salt,  fifty  jiounds  to  the  bushel.  One  bushel  of  chai'coal  shall  ))e  equal  to 
five  peck  measures.     (^I.  C,  sec.  240ti. i 

See.  2550.  Standard  in  absence  of  agreement. — When  u« 
agreement  exists  to  the  contrary  in  relation  to  the  above-named  articles  the 
measure  and  weijiht  above  specified  shall  be  the  citv  standard.  (M.  C. 
sec.  2407.) 

Sec.  2551.      Corn    and    oats— standard     weiylit     of — penalty. 

—The  standard  weight  of  corn  in  the  ear  shall  be  seventy  pounds;  shelled 
corn  fifty-six  pounds,  and  oats  thirty-two  pounds,  avoirdupois.  All  persons 
offering  corn  in  the  ear,  or  oats  by  the  load  for  sale,  who  shall  neglect  or 
refuse  to  have  the  same  weighed  by  the  city  weigher  shall  be  deemed  guilty 
of  a  misdemeanor,  and,  upon  conviction  thereof,  be  fined  not  less  than  five 
nor  more  than  twenty  dollars  for  each  and  every  ofl:'ense,  the  fine  to  be 
collected  before  the  police  justice  in  the  same  manner  as  other  fines  are 
collected;  provided,  however,  that  the  penalty  herein  provided  shall  not 
apply  to  persons  selling  ten  bushels  of  corn  or  oats,  or  less,  out  of  a  load 
without  weighing  the  same.     (M.  C,  sec.  240.S.) 

ARTKLIMJI. 

OP-    PUBLIC    .SCALES. 

Sec.  2552.  Designation  and  location  of  public  s<^ales. — Then- 
are  hereby  established  in  the  City  of  St.  Louis  the  following  public  scales 
to  be  designated  and  located  as  follows,  to  wit:  The  i)ublic  scales  on  the 
levee  between  Carr  and  Biddle  streets  by  authority  of  an  ordinance  entitled 
"An  ordinance  to  erect  public  scales  on  the  levee  betwen  Carr  and  Biddle 
streets,"  approved  .July  thirty-first,  eighteen  htmdred  and  fifty-eight,  to- 
gether with  the  office  building  connected  therewith,  are  hereby  established 
and  continued  as  public  scales,  under  the  name  of  "North  levee  scales."  The 
scales  erected  on  the  southern  part  of  the  levee,  near  the  present  landing  of 
the  Wiggins  Ferry  Company,  erected  by  authority  of  an  ordinance  entitled 
"An  grdinance  providing  for  the  erection  of  hay  and  coal  scales  on  the  south 
levee,  near  the  ferry  landing,"  approved  March  twenty-sixth,  18."S,  together 
with  the  office  building  for  the  weigher,  are  hereby  established  and  con- 
tinued as  public  scales  under  the  name  of  "South  levee  scales. ■'  The  scales 
at  the  point  north  of  the  city  market,  between  Broadway  and  Fifth  (Third) 
street,  are  hereby  established  and  continued  as  public  scales  under  the  name 
of  "City  Market  scales."  The  scales  erected  on  Broadway  (Third  street) 
at  or  near  the  southeast  corner  of  Christy  avenue  (or  Green  street)  and  the 


AIJT.    III.)  I>I-    lTi;l.li'    si'.vi.i;s.  ]|lit 

itilfv  running  iiortli  ami  soiilh.  Ilin>ii;:li  liiy  lilock  iiuiiiliri'  iiiiiciv oiu-,  ti\ 
iiiitlK)ril_\-  of  ordiiiaiuc  iiuiiibcr  nine  ilniusaiid  and  fori vscvi'n,  a|(|)rovi'd 
Jul^'  sixth,  1S74,  togi'tlipr  with  tin-  iiflicc  liiiildiii<.;  fuiiin'clcd  llicrewitli,  an' 
hert'by  established  and  continued  as  jiublic  scales,  under  the  name  of  "Mridjte 
scales."  The  scales  erected  on  Main  street  in  Souili  Si.  Louis  ( (Jarondeli'l  i 
near  the  South  Market,  by  autliorily  of  ordinance  niimbei-  nine  Ihoiisund 
three  hundred  ami  ci<ihty  three  ai'e  liefeby  esiablislicd  and  coiilinued  as 
public  scales  under  the  name  of  "Sonth  .Mafket  scales."  The  scales  erecte<l 
at  the  southeast  cofiier  of  Fulton  and  ("ari-oll  sli'eets  are  hereby  established 
and  continued  under  the  name  of  "Soulard  .Market  scales."  The  scales 
erected  at  or  near  the  corner  of  Clark  avenue  and  Tayon  avenue  [ICijihteenth  | 
l»y  authority  of  ordinance  number  ten  thousand  three  hundred  and  eif^hty. 
are  hereby  t'stablished  and  I'outinucd  as  public  scales  under  the  name  of 
".Viireoii  scales."  The  scales  erected  al  the  northeast  corner  of  the  insane 
a.sylum  ;,'rounds  by  aniliority  of  ordinance  nnmlier  ten  thousand  three  hun- 
dred and  ninety  ei-ilit  are  hereby  esiablished  and  continued  as  indilic  scales 
under  the  naini-  of  •'Thorp  scales."      i  M .  ('..  sec.  JIOK.  i 

See  2553.  City  hall  scah'  cstablislu'd  on  W  asliiii<;(i>ii 
.Hqiiare. — A  city  scale  is  hereby  established  to  be  located  in  or  near  ih:- 
new  city  hall  on  ^VasllinJ;ton  square;  said  scale  to  be  used  for  the  weigliiiif; 
of  all  sui)plies  furnished  for  use  in  the  new  city  hi'll,  old  city  hall,  four 
courts  and  jail,  and  courthouse.  Said  scale  shall  be  erected  and  niaiiilained 
as  an  apiiurtenance  of  the  new  cil\   ball.      [()vi\.  lMc;."!!  .  see.  l.i 

Sec.  2r).")4.  Cliiof  oiifjiiu'or  of  new  city  hall  to  supiTvis*'. 
t*t<'.  — In  addition  to  his  present  duty  it  shall  be  the  duly  of  the  chief  en 
jlineer  of  the  new  city  hall  to  sujiervise  and  control  the  weijihinj;;  on  said 
cily  scale  of  all  supplies  furnished  for  use  in  the  buildin;;s  named  in  the 
forejjoinj;  section,  and  to  issue  certificates  of  the  coi-reet  weijiht  of  all  arti 
cles  of  sn|>|)lies  so  weifjlu'd.  and  no  other  certiticates  of  wei«;ht  for  such 
8U|>i)lies  shall  be  recojinized  when  payment  for  the  articles  is  nmde.  Said 
chief  eiifjineer  shall  not  collect  any  fe<'s  for  wei};hinji.  nor  shall  he  or  his 
iiHsistants  receive  any  compensation  for  their  services  in  weifihin;!  and 
certify inj;  other  than  the  regular  salaries  of  their  positions.  M)rd.  120I?;M. 
sec.  'J.  I 

Sec.    2.555.      '•WtMfjher.s    of     scales" —  t«'rni — l»on«l  —salar'u's, 

— There  shall  be  appointed  by  the  mayor,  with  the  consent  and  a|>|iroval 
of  the  council,  a  person  to  be  denominated  "wcijiher  (d'  scales"  for  each  of 
the  scales  desi};miled  in  .'section  ^.'i.'i^.  e.\ce]it  in-;:  Soulard  .Market  and  South 
Market  scales,  who  shall  liolil  their  oftice  for  four  years  and  until  their  suc- 
cessors are  appointed  and  ([ualilied,  ami  who  shall  receive  compensation  as 
follow.s,  towit:  Weiphers  of  North  Levee,  South  Levee  and  liiidge  scales, 
one  thousand  dollars  per  annum;  weighers  of  all  other  scales  mentioned  in 
section  2.*."2.  except  the  weighers  of  Soulard  .Market.  South  .Market  ami 
Thorp  scales.  niin>  iiumlred  didlars  each  per  annum;  weigher  of  Thorp 
scales,  three  hundred  and  sixty  dollars  per  annum,  payable  nuMithly,  and  his 
board  and  lodging  in  the  insane  a.sylum:  all  of  said  salaries  shall  be  in  rull 
'•omi'eiisation  for  all  services,  and  shall  be  payable  monthly.  AW  of  .said 
weighers  shall  he  retjuired  to  give  a  good  and  sufticieiit  bond  to  the  cit.>. 
with  two  or  more  securities,  to  l)e  owners  of  unincumbere<]  real  estate,  lo 
cated  in  the  city,  in  the  sum  of  one  thou.sand  dollars,  except  the  weighers 
of  .\dieon  ami  Thorp  srab's.  who  sli.all  give  ;i  boml  in  the  sum  of  live  thou- 
sand dollars  ami  two  hundred  ihdlars  resjM-ct  ively,  said  bonds  to  he  condi 
tioned  as  the  bonds  of  the  other  cily  officers,  and  to  lie  apju-oved  by  the 
inay<w  and  council.     i<)rd.  21474.  amending  M.  <'..  sec.  241ii.i 


fc 


\]H)  IIKVISED  CODK  Olt  GKNKRAI.  OHDINANCES.  [CHAP.   in. 

Sec.  2.')5(i.  Coniptroller  to  furnish  tickets. — The  (50iuptroll(ii- 
^liall  furnisli  tlu-  wtMfiLcrs  ;it  all  tlie  scales  belonging  to  the  city  with  printed 
1  ickets,  and  charge  the  same  as  cash  to  each  weigher,  to  be  accounted  for  at 
his  monthly  seltlcnients.     (M.  C.  sec.  2411.) 

Sec.  2557.     Ke}f illations  as  to  ^veigliinj; — scales   designated. 

— ^It  shall  iioi  be  lawful  for  any  j)erson  to  do  any  weighing  for  which  a 
h%'.  shall  be  charged,  except  upon  the  following  scales:  First,  upon  the 
jiublic  scales  for  which  a  weigher  has  been  appointed  by  the  mayor;  second, 
upon  scales  owned  by  private  parties,  which  have  been  authorized  by  acts 
of  the  legishilure.  and  the  owners  of  which  have  complied  with  the  pro- 
\  iwions  of  such  acl  or  acts;  third,  upon  all  private  scales,  the  weighers  of 
which  shall  have  been  approved  by  the  mayor  and  have  taken  an  oath  be- 
fore the  register  and  tilcfl  a  bond  as  recpiired  as  weigher  at  the  public  scales. 
(M.  C,  sec.  I'll 2.1 

Scf   L'ijmI    Co.    vs.    St.    lj)ilis,   l:!ll   Ml),    loo.    cit.   .^2K. 

Sec.  25r)S.  Weighers  at  private  scales — blanks  to  be  pro- 
vided— regulations — penalty. — The  comptroller  shall  furnish  the  col 
iecior  weighers'  certificates  in  blank,  sigued  by  the  register,  and  counter 
.signed  by  liie  complroller,  for  the  use  of  the  weighers  of  all  private  scales, 
who  have  been  or  may  be  appointed  with  the  approval  of  the  mayor,  and  who 
shall  file  a  bond  iu  the  sum  of  one  thousand  dollars,  with  two  or  more  se- 
curities, to  be  o\\  nei's  of  \ineucumbered  real  estate,  located  in  the  city,  to  be 
a()j)roved  by  the  mayoi-.  The  certificates  so  issued  and  furnished  private 
s<'ales  authorized  by  the  ordinances  of  this  city  or  acts  of  the  Legislature, 
to  do  public  weigliing,  shall  be  printed  on  green  paper  for  all  weights  and 
l<»ads  of  stone  or  bituminous  coal,  anthracite  or  semi-anthracite  coal  and 
coke;  and  on  red  ])aper  for  all  weights  and  loads  of  all  other  articles 
weighed;  and  on  the  back  of  every  red  and  green  ticket  shall  be  printed  the 
\v-(»rds:  "The  weigher  of  this  scale  has  filed  a  bond  with  the  register,'"  and 
ih('  further  words:  "Dealers  in  coal  are  not  authorized  to  charge  a  fee  for 
weighing  their  loads  of  twenty-tive  bushels  or  less  on  their  own  scales  ex- 
cept hard  or  anthracite  coal  or  coke;""  the  collector  shall  furnish  to  weighers 
;i(  private  scales  certificates  at  the  rate  of  five  dollars  per  hundred  for  the 
red  certificates  and  three  dollars  jier  hundi-ed  for  the  green  certificates,  and 
no  certificates  except  those  furnished  by  the  collector,  shall  be  issued  by 
any  person  weighing  at  such  private  scales.  Each  weigher  shall  furnish 
a  -separate  certificate  for  each  and  every  load  weighed,  and  only  on  the 
kind  of  blank  ])i'ovided  by  this  section,  and  no  weigher  shall  sell  or  dispose 
<if  any  blank  certificate  or  certificates  received  from  the  collector,  except 
l'i>r  loads  actually  weighed  upon  his  scales;  any  violation  of  the  provisions 
of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  the  ott'ender  shall  be  fined  as  provided  in  section  2583.  The 
books  kept  by  said  weigher  shall,  at  all  times,  be  open  to  the  inspection  of 
the  collector,  the  inspector  of  weights  and  measures,  and  such  other  officers 
as  may  be  designated  bv  the  collector  for  that  i)urpose.  (Ord.  21449,  amend- 
ing M.  C  sec.  241:;.) 

The    provi.sioiis    of    this    section    (before    amendment),    upheld    in    Coal    Co.    vs. 
St.    lyoui.s.    i:!ii   Mo.    :i23.    326     e/   seQ.       See   also   St.    Charles   vs.    Eisner,    155   Mo.    671. 

See.     2559.     Assistant    weighers — their    compensation — The 

weighers  of  ^'orlli  and  South  levee  and  ISridge  scales  are  hereby  authorized 
and  emjiowered  to  employ  an  assistant  each,  which  appointments  shall  be 
approved  by  the  mayor;  said  assistants  shall  receive  iu  full  compensation 
for  tli(>ir  services  the  sum  of  six  hundred  dollars  per  annum,  ]iayable 
monthly.     (M.  (;.,  sec.  2114.) 


I 


AltT.    Ill.l  OF  PUBLIC  SCALES.  HLM 

Sec.  2560.  W<M};li«'rs  rcspoiiMilth'  lor  ads  of  iiHsistaiiits. — 
Tilt'  wt'ifrluTS  of  scales  sliall  Ix'  rcsiKHisiMc  fur  all  ads  ol  said  assistants, 
ami  said  assistants  shall,  in  all  rcs|K'cts,  he  liaMo  and  subject  tt)  the  charter 
anil  iiidinamcs  rclalinu  In  Ihe  cilv  ul't'u'ers.     (M.  (\,  sec.  241;").) 

See.  2.)61.  Market  masters — to  nvi  as  weif^liers. — Tlie  mar- 
ket masters  of  Sonlard  and  South  markets  are  hereliy  inslrmled  and  !•<• 
(|uii-ed  to  perform  the  duties  of  weighers  on  Ihe  Sotilanl  and  South  iiiai-kel 
scales  res|)ectivel_v,  without  any  additional  com|iensation  than  the  salafv 
»)f  market   nuislefs  of  the  said  markets.      (.M.  ("..  sec.  241(j.  i 

S, c.  2.")(!2.  HoimIs  of  \v<Mfrh«'rs — «  liaf  aiM»  l»roa<'lios  of — also 
iiiistleiiK'anor-  p  f  II  a  I  I  >  .  In  aildiiion  in  the  general  lultillnient  of 
the  iiiiiilition  of  a  liond.  as  rei|uii'ed  from  city  oflicers.  the  follo\\  iTiti'.  amon^ 
Ml  hers,  shall  he  deemed  a  hreach  or  breaches  of  Ihe  official  bond  of  a  weiyher 

lit  |inMic  nr  |iri\ate  scales : 

l''irsi  —  If  the  scab's  and  \\ei<;hts  under  the  control  of  any  such  weiiiher 
shall  be  at  any  time  so  much  out  of  order  as  to  weifih  forty  or  more  jiounds. 
more  or  less,  than  the  standard  weifilit.  and  he  shall  c(uitinue  to  weigh 
therewith  and  issue  and  .chai-fio  for  certificates  of  such  weijihinji  without 
fliviii};  notice  to  tlu>  inspector  of  weijjhts  and  measures  of  the  inaccuracy  of 
his  scales  and  weij;lils  and  ceasiiij;  all  wei<;hinf;  thereon  until  the  same  be 
lesh'd  and  adjusit'd  b\  the  sai<l  inspector,  at  whose  office  notice  in  writing 
of  the  error  of  such  scales  and  weiglits  shall  he  left  \\  illiiu  forty ci^ht  hours 
after  Ihe  error  in  the  same  is  found  to  exist. 

Sei-ond  —  If  any  such  weigher  shall  issue  any  icrtilicate  of  wei<;liing 
\\hich  shall  show  Ihe  gross  or  net  weight  of  the  load  or  article  weighed  to 
be  forty  or  more  ]iounds  more  than  the  true  gross  or  uet  weight  of  the  arti- 
cle weighed,  or  the  tare  to  be  forty  or  more  ])ounds  less  than  the  true  tare, 
or  if  any  weigher  shall  deduct  as  tare  the  number  of  ])ounds  marked  on  any 
wagon  or  vehicle  without  himself  or  sonic  oihrr  law  I'lil  weigher  having  first 
wei;;lied  such  wagon  or  otiier  vehicle  and  marked  or  slainiied  on  it  the  true 
wcighi  thereof,  and  Ihe  mnnber  of  the  wagon,  together  with  his  name  and 
the  initials  of  Ihe  scales  of  which  he  is  the  weigher,  and  Ihe  dale  of  weigh- 
ing ihereof,  or  if  any  such  weigher  shall  mark  or  staiii]i,  as  last  aforesaid, 
any  wagon  or  other  vehicle  for  a  weight  which  is  ten  or  more  ])ounds  less 
iliaii  the  standard  true  weight  thereof  at  the  time  of  such  marking  or  stamj) 
iug.  with  intent  to  defraud,  or  if  any  such  weigher  shall  fail  to  demaml  of 
and  receive  from  every  person  ]iresenling  any  hay,  grain  or  cereal,  stone  or 
biiuiiiinous  coal,  anthracite  or  semi  anthracite  coal  or  coke,  or  anything 
to  be  weigheil.  the  sum  jiiescribed  by  ordinance  to  lie  paid  thei'efor.  no  more 
no  less,  before  delixering  the  certificate  of  iht-  weight  Ihei-ecd';  or  if  any  such 
Weigher  shall  fail  to  keep  a  book  or  books  and  enter  therein  daily,  item  l)y 
item,  in  legible  handwriting,  every  load  of  hay,  grain  or  cereal,  stone  or  bi- 
iuiiiinous coal,  anthracite  or  senii-antliracite  coal  or  coke,  and  every  other 
load  or  thing  wei;;lied.  designating  its  kind,  the  gross  tare  and  ni-t  weight 
Thereof.  Ihe  ownei-  and  driver  ihercof.  and  Ihe  true  amount  of  fees  charged 
ami  received  therefor;  or  if  hi'  shall  fail  or  refuse  at  any  time  to  ])ermil  all 
Ihe  books  or  jiajiers  belonging  to  his  oftice  to  be  examined  by  flie  collector, 
or  any  jierson  lawfully  appointed  for  such  juirpose.  and  to  furnish  them 
copies  or  extracts  of  any  part  thereof;  or  if  any  weigher  of  hay,  grain  or 
cereal,  stone  or  liiliiiiiinoiis  coal,  anthracite  or  seiiiiaiithracite  coal  or  coke, 
ap|>ointed  by  the  mayor  under  Ihe  provisions  of  this  article,  or  any  of  his 
deputies  shall,  directly  or  indirectly,  in  person  or  liy  another,  be  engaged  in 
ihe  buying  or  selling  of  hay.  grain  or  cereal,  stone  or  bituminous  coal,  an- 


1122  REVISED  CODE  OR  GF:NERAL  ORDINANCES.  [CHAP.    4" 

thracite  or  .seiui-anthraL'ite  coal  or  rokf.  of  odier  articles  to  he  weighed,  ex- 
cept so  much  as  may  be  uecessai-y  lor  his  private  family  use,  in  every  such 
case,  amonj»-  others,  a  breach  of  such  bond  shall  be  deemed  in  law  to  be  made, 
and  any  weigher  of  any  public  or  private  scale  who  shall  commit  any  of  the 
aforesaid  acts  constituting  a  breach  of  his  official  bond  shall,  in  addition 
to  forfeiting  his  bond,  be  guilty  of  a  misdemeanor,  and  upon  complaint  be- 
ing made  in  writing  before  either  of  the  police  justices  of  the  City  of  St. 
Louis,  it  shal^  be  the  duty  of  the  jiolice  jtistice  to  hear  and  determine  the 
same  as  other  misdemeanors  according  to  ordinance,  and  in  case  of  convic- 
tion thereof  the  otfending  jiarty  shall  be  fined  as  provided  in  section  2r)S.'!. 
(Ord.  L'144!l.  amending  M.  (\.  sec.  L'llT.) 

See.   2563.     Weigher — wlieii    to    forfeit    position    as. — Any 

weigher  M"ho  shall  be  twice  convicted  before  either  of  the  jjolice  justices  of 
the  City  of  St.  Louis  of  a  breach  of  his  bond  or  other  violation  or  failure  to 
comply  with  this  article,  shall,  by  viifue  of  such  conviction,  cease  to  be  a 
weigher  from  and  after  the  day  on  which  said  conviction  is  had,  and  the 
clerk  of  the  ct)ui-t  shall  al  once  notifx'  the  uiavor  of  tlic  fact.  (  M.  C,  sec. 
2418. 1 

Sec.    2564.     Weij?liing — to  be  done  on  city  scales— penalty.— 

Any  person  who  brings  or  sends  into  the  City  of  St.  Louis  for  sale  or  foi- 
delivery,  any  hay,  grain  or  cereal,  stone  or  bituminous  coal,  anthracite  oi- 
semi-anthracite  coal  or  coke,  except  bituminous  coal  in  tpiantities  less  than 
twenty-five  bushels,  and  hay,  grain  or  cereal  in  quantities  less  than  twenty- 
live  hundredweight,  in  any  wagon  or  other  vehicle,  and  any  jierson  who 
actually  sells,  or  offers  for  sale,  any  hay.  grain  or  cereal,  stone  or  bituminous 
coal,  anthracite  or  semi-anthracite  coal  or  coke,  except  bituminous  coal  in 
quantities  less  than  twenty-five  bushels,  and  hay,  grain  or  cereal  in  quanti- 
ties less  than  twenty-five  hnndi'edweight.  or  delivers  any  such  articles  in  any 
wagon  or  vehicle  without  first  having  had  the  same,  and  the  wagon  or  other 
vehicle  containing  the  same,  duly  and  legally  weighed  at  somi»  city  scale  or 
by  some  legally  bonded  ])rivate  weighei-  within  the  city  limits  on  the  day  ou 
which  the  same  is  sold  or  offered  for  sale,  or  delivered,  or  on  the  day  jtrevi- 
ous  thereto,  and  without  first  having  jjrocured  a  certificate  of  the  weight 
thereof  from  some  city  weigher  or  legally  bonded  private  weigher  and  paid 
for  the  same,  according  to  the  provisions  of  the  ordinances  of  this  city,  which 
certificate  shall  contain  a  gross,  nni'  and  net  Aveight  of  the  articles  con- 
tained in  said  wagon  or  other  \'ehicic.  as  also  the  true  fee  ]iaid  th(>  weigher 
thereof  and  the  weigher's  name  written  thereon,  sliall  be  dfcmcd  guilty  of  a 
misdemeanor,  and.  n|pon  ronviction  thereof,  shall  be  tincd  as  pro\  ided  in  sei- 
tion  --'."is:!.      ((»i-d.  2144!).  amending  .M.  C.  sec.  241!(.  i 

.Suoli  provisions  arc  \-aIi<l  uinl<  r  cliarttT  provisions  svich  as  St.  Louis  lias:  ,st_ 
Charles  vs.  Eisner.  l.")5  Mo.  (ill;  Coal  i^o.  \s.  St.  Louis.  i;iO  Mo.  ;j2tj.  S<*e  Charter^ 
Art.  III.  sec.   26.  clause  7. 

Sec.    2.")6r>.      AVajjoiis    \vitlioiit     \veif?lit    mark — penalty. — Any 

person  who  brings  or  sends  into  the  City  of  St.  Louis,  and  any  ])erson  who 
sells  or  otl'ers  for  sale  oi'  delivers,  any  hay.  grain  or  ceri>al.  stone  or  bitn 
minous  coal,  anthi'acite  or  semi-anthracite  coal  or  i-okc  excejit  bituminous 
coal  in  (|uantities  less  than  lwenty-ti\e  bushels,  and  hay,  grain  or  cereal  in 
qnantilies  l(>ss  than  l  weiity-lixc  hundredweight,  in  any  wagon  oi-  other  ve- 
hicle which  has  not  marked  or  stamped  thereon  in  jilain  and  legible  charac- 
ters the  weight  ihereof  by  a  weigh(>r  legally  authorized  thereto  in  the  man 
ner  mentioned  in  the  second  subdivision  of  section  2.")(i2.  shall  be  deemed 
guilty  of  a  misdemeanor,  and  u|Min  lonviction  fined  as  ]>rovided  in  .section 
2.")S:'..     t'Ord.  2144!t.  amending  .M.  ('..  sec.  2420.) 


AUT.  iii.i  i>i-  iTitr.ii- s.Ai,i-:s  ll-j;( 

Sec.  25Gti.  Wa^roiis — liou  oft<'ii  <o  bo  wi'i};h«'«l. —  It  sliall  \ic 
llif  (lutv  of  all  owiuMs  of  wa^iiiiis  and  oilier  vehicles  lliat  nia.v  lie  emploved 
ill  briiifiiiij;  stoni'  eoal  Id  this  eitv,  ti>  have  llieir  wa-^iins  nr  tiiher  vehicles 
weighed  al  h-asr  mice  everv  week,  ami  iin  pillilie  weif^liei-  shall  issue  his  cev- 
rilicate  for  aiiv  \\aj;iiii  or  other  vehicle  ii|i(iii  which  ihe  liale  of  its  lM'in<r 
weij;liod  is  loii^or  jtii-ci-diii};  than  oue  week.  It  shall  he  Ihe  duty  of  all 
owners  of  wajjoiis  »>r  vehieh's  enjiajied  in  hauling  grain,  hay.  iron  or  any 
other  articles  s<ild  hy  weight,  excojit  stone  eoal  to  have  their  respective 
empty  wagons  or  vehich's  weighed  every  day  when  in  use,  and  if  is  hereliy 
made  the  duty  of  every  weigher  doing  jiiihlic  weighing,  to  weigh  such  eiiipl\ 
wagon  or  vehicle  as  prescrilied  iii  section  li.KJi;,  and  to  issue  a  cei-liticale  of 
the  weight  thereof  fi-e<>  of  charge,  and  no  Aveigher  doini;  juililic  weighing 
shall  weigh  a  loadeil  wagon  or  vehicle  until  the  cerlilicalc  of  the  weight  of 
the  empty  wagon  or  vehicle  is  pro|iei-|y  produced.  It  shall  also  he  Ihe  duty 
of  any  owner  of  any  wagon  or  other  vehicle  to  lia\('  the  same  reweighed 
immediatidy  after  said  wagon  ov  other  vehicle  has  heiMi  repaired:  and  if  an.\ 
owner  or  drivi-r  of  ain  wagon  or  other  vehicle  shall  alter  or  change  .my  part 
«»f  said  wagoii  or  other  \chiile  after  the  same  shall  ha\e  lieeii  weighed,  the 
.said  wagon  or  oilier  vehicle  shall  lie  immediately  reweighed  liefore  lieiug 
used;  provi(h'd.  that  .so  much  of  this  section  as  i-eipiires  the  weighing  of 
cei-tain  wagons  <ir  vehicles  daily,  shall  not  apjjly  to  farmers'  wagons  hauling 
produce  into  the  i-ily.  lint  such  wagons  shall  he  weighed  after  the  dis|ios,il 
or  discliarge  of  each  and  every  load,     i  M.  ("..  sec.  l,'4l.'l.) 

Sec.  I'.TtiT.  Cert  itieJit  •'•«  \;ir\ing  from  ivnf  \\  ei«;li(  — fjilso  rei-- 
(ilu-att's — rig^lit  to  ha\  t-  uajjoiis  hiniliiig  arlieh's  \v«'iglu>(| — pciial- 
t'lvs    f«»r    vH>lati(>iis— >iali'   of    \\ag:«ni,    <'t<'. — |>r«n*«'«Mlin«;.s,    vtr. — 

ll  shall  he  the  duty  of  aii\  police,  of  licer  of  Ihe  City  of  St.  Louis,  as  well  as 
ihe  right  of  an,\  olher  citizen,  to  demaml  of  Ihe  driver  of  any  wagon  or  other 
vehicle  in  which  any  liay,  grain  or  cereal,  stone  or  hiiuminous  coal,  anilira- 
<'ite  or  semi  ant  hracite  coal,  charcoal  or  coke,  excepling  liituiiiiiioiis  coal 
in  (piantities  less  than  twenty  live  Imshels.  and  hay.  grain  or  cereal  in  ipian- 
tities  le.ss  than  twentytive  liiindredweighl.  is  lieing  hauled  for  delivery,  to 
produce  his  certiticate  of  weighing,  and  if  he  deems  it  necessary,  to  or<ier 
liim  to  drive  his  wagon  or  other  vehii-le.  with  its  contents,  to  any  one  of  tlie 
city  scales,  r)r  to  any  jtrivate  scale  having  a  legall\'  lionded  weigher,  and 
have  the  same  weighed  thert-on  :  and  if  the  gross  or  net  weight  lie  found  less 
hy  seveiiiytive  or  more  poumls.  or  tare  greater  In  iwenlylive  or  more 
pounds  than  the  weigher's  certiticate  in  the  hands  of  the  dri\er  calls  for.  to 
arrest  or  have  arrested,  as  llie  ca.se  may  he,  such  driver,  and  also  jiis  wagon 
or  other  veiiicle.  and  the  Nia<l  therein,  and  enter  a  wi-itten  complaint  against 
such  driver  l>efore  either  of  the  police  justices  of  this  city  for  a  violation  of 
tliis  article,  ami  such  driver  shall  lie  deemed  guill.x  of  a  misdemeanor.  an<l 
upon  conviction  thereof,  shall  he  lined  in  the  sum  of  not  more  than  one  hiin- 
dreti  dollars  and  costs:  and  if  the  same  he  not  jiaitl  lorthwilh.  the  said 
wagon  or  other  vehicle,  with  the  contents,  shall  he  sold  liy  the  marshal 
within  three  days  after  the  judgment  is  rendered  U\  either  of  the  police  jus- 
tices, and  the  line,  when  collected,  shall  he  paid  onehaif  to  tlie  complainant 
iind  one-half  to  the  ciiy:  providr-d  that  the  insjM'clor  of  weights  and  meas- 
ures shall,  tipon  arrest  of  any  such  driver,  insiiect  and  lest  the  scales  whereat 
tlie  cerlitiiate  was  gianted.  and  also  those  whereat  the  second  weighing  was 
done,  and  lioih  are  liy  him  found  accurate;  for  which  ilul.\  Ihe  inspector  of 
weights  and  measures  shall,  upon  conviction  of  Ihe  driver,  he  entitled  to  a 
fee  of  live  dojhirs.  lo  Im-  paid  liy  the  complainant  and  lh<>  city  eipially.  upon 
the  receii)t  hy  them  of  the  amount  of  such  fine,  and  upon  conviction  of  the 
weigher,  to  a  fei-  of  ti\e  dollars,  to  he  paid  l»y  the  city  on  re4'eipl  hy  it  of  the 
amount  of  such  tine,  and  provided  :ilso.  in  case  of  refusal  hy  siicli  driver  to 


1124  REVISED  CODE  OR  GENERAL  ORDINANCES.  [CHAP.   40. 

produce  his  certificate,  or  upon  tlie  demand  of  the  police  officer  or  other 
citizen  to  drive  liis  wagon  or  other  vehicle,  with  its  contents,  to  one  of  the 
city  scales  or  private  scales  having  a  legally  bonded  weigher,  for  the  ]ini'iiose 
of  being  reweighed  as  aforesaid,  such  driver  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  his  wagon  or  the  vehicle,  and  its  contents,  shall  be  arrested, 
and  he  shall  be  complained  of  and  convicted  as  if  his  wagon  or  other  vehicle, 
were  found  to  vary  in  weight  from  his  certificate  as  aforesaid;  and  pro- 
vided, also,  that  if  the  sale  of  the  wagon  or  other  vehicle,  and  its  contents, 
shall  not  produce  the  amount  of  fine  and  costs,  such  driver  shall,  for  tlie 
deficit,  be  liable  in  the  same  manner  as  other  defendants  who  have  been  con- 
victed and  fined  in  the  police  court.  ( Ord.  22107.  amending  ord.  2144!t.  sec. 
2422.) 

See.  2568.      Fees    for    weigrhing — wrongrful  charge— penalty. 

— Dealers  in  coal  shall  not  be  permitted  to  charge  or  receive  from  the  jiur- 
chaser  of  any  load  of  coal  containing  twenty-five  bushels  or  less,  excepting 
hard  or  anthracite  coal,  a  fee  for  weighing  such  load  on  their  scales.  For 
weighing  each  load  of  coal  containing  over  twenty-five  bushels,  of  which 
they  are  the  owners,  and  weighed  on  their  own  scales,  they  are  authorized 
to  charge  and  receive  a  fee  of  twenty  cents,  or  any  less  sum  they  may  see 
fit  to  charge.  Dealers  in  other  articles  are  also  authorized  to  charge  and 
receive  a  like  fee  for  weighing  each  load  of  their  own  articles  upon  their 
own  scales.  When  loads  of  coal  or  other  articles  for  parties  other  than  the 
owner  of  the  scales,  the  weigher  of  such  scales  shall  be  required  to  charge 
and  receive  a  fee  of  twenty  cents  for  each  and  every  load  weighed ;  and  for 
each  animal  weighed  separately,  five  cents.  Any  weigher  in  the  City  of  St. 
Louis,  who  shall  charge  for  weighing,  where  no  fee  is  permitted  to  be 
charged,  or  shall,  under  any  circumstances,  charge  more  than  the  fee  of 
twenty  cents,  or  when  weighing  for  parties  other  than  the  owner  of  the 
scale,  charge  less  than  the  fee  of  twenty  cents  for  weighing  each  load,  as 
fixed  by  this  section,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  u])on 
conviction  thereof,  shall  be  fined  as  provided  in  section  2583;  and  no  weigher 
shall  deliver  his  certificate  of  weighing  until  the  fee,  according  to  the  tariff, 
is  paid;  provided,  that  all  weighers  at  public  scales  shall  charge  a  uniform 
fee  of  twenty  cents,  neither  more  nor  less,  for  each  and  every  load  weighed, 
and  five  cents  for  every  animal  weighed.     (M.  C,  sec.  2423.) 

Sec.  2569.     Statements  required  of  private  owners — penalty. 

— Every  person,  whosoever,  interested  as  stockholder  or  owner  in  whole  or 
in  part  in  any  private  scale,  licensed  to  do  public  weighing  in  the  City  of 
St.  Louis,  shall  file  with  the  register  a  written  statement,  verified  by  his 
affidavit,  of  his  (piantity  or  amount  of  stock  or  ownership  in  such  scales. 
whether  he  deals  in  the  buying  or  selling  of  hay  or  stone  coal,  or  is  inter- 
ested in  any  way,  directly  or  indirectly,  in  such  buying  or  selling  except  for 
his  own  i)rivate  family  use,  and  in  case  of  failure  or  refusal  to  comply  with 
the  provisions  of  this  section,  the  owners  of  such  scales  shall  be  deemed  to 
have  forfeited  the  authority  granted  them,  and  the  powers  under  which  said 
scales  are  authorized  to  do  public  weighing  shall  be  absolutely  revoked  and 
all  weighing  done  thereat  shall  be  illegal,  and  every  person  issuing  certifi- 
cates of  weighing,  or  offering  hay  or  stone  coal  for  sale,  with  certificates  from 
a  forfeited  scales,  or  the  weigher  thereof,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  be  fined  as  provided  in  section  2583. 
(M.  C,  sec.  2424.) 

Sec.    2570.     Duties  of  weighers. — It  shall  be    the    duty    of    every 
weigher  of  the  city  scales  appointed  under  this  article: 

First — To  attend  to  the  office  of  the  public  scales  for  which  he  is  ap- 
pointed, from  sunrise  to  sunset  of  every  day,  Sundays  and  legal  holidays 


ART.    HI.  I  Ol'"  PL'BUC  SCALKS.  11^6 

exceptoil,  aud  to  Wfij;li  evt-rv  loail  of  liav.  <;iain  or  cereal,  sloiio  oi-  hitumiu- 
ous  loal,  autlirariit'  or  stMiiiaiitlii-acilc  coal  or  coke,  or  oilier  tliiiij;  which 
may  lie  presented  to  be  \veij;lied,  and  (o  t,'ive  the  ptMsoii  presenting  the  same 
a  ceriilicale  of  the  gross  tare  and  net  weight  thereof. 

Second — To  enter  in  suitable  books,  in  tabular  form,  ever.v  load  of  hay, 
grain  or  cereal,  stone  or  bituminous  coal,  anthracite  or  seinianlhracite  coal 
or  coke,  or  other  thing  weighed,  designating  the  kind  and  weight  thereof, 
and  before  whom  weighed. 

Third — To  receive  and  receijii  hi  lin-  imnpi  roller  fur  all  blaiiU  certili- 
lales  which  he  may  use  or  obtain. 

l''inirth  To  settle  with  the  comptroller  on  the  last  Saturday  in  each 
month  for  all  blank  certificates,  aud  pay  to  tlie  treasurer  on  Saturday  of 
each  week  all  moneys  received  by  him  as  weigher,  taking  triplicate  receipts 
theri'fiu-,  one  of  which  shall  be  tiled  with  the  auditor,  anil  one  with  the 
comptroller. 

Fifth — To  perform  such  duties  in  the  uieasureiuent  of  wood,  and  other- 
wise, as  may  be  required  of  him  by  ordinance.  (Ord.  21441),  amending  M. 
("..  sec.  -'4l'.i) 

Sec.  2571.  \\  «'ig^hl  «)f  biislicl — ♦•oal.^lii  weighing  stone  coal  the 
weigher  shall  compute  eighty  pounds  a\oiiduiiois  to  be  a  bushel.  (  M.  C, 
sec.  J412G.) 

Si  c.  •_>.')72.  Doaling:  in  uiiwcigrluMl  «-oal  and  oUht  ar(i('I«'s  pro- 
IlibitCil.  — No  persiiii  shall  lm,\  ny  sril  ami  (lcli\cr  in  aii,\  wagon  ov  \cliiclo, 
ami  no  person  sliall  deliver  in  any  wagon  or  other  vehicle  any  hay.  grain  or 
ci-real.  stone  or  bituminous  coal,  anthracite  or  semi-anlhracile  coal  or  coke, 
except  bituminous  coal  in  t|uantities  less  than  twenty-five  bushels,  and  hay, 
grain  and  cereal  in  quantities  less  than  twenty-five  hundredweight,  until  the 
same  has  been  weighe<l  by  one  of  the  legally  authorized  weighers,  and  a  cer- 
tificate of  the  weight  thereof  given  as  required  in  the  provisions  of  this  arti- 
cle. Any  violation  of  the  provisions  of  this  section  shall  be  deemed  to  be  a 
misdemeanor,  and  ujion  conviction  thereof  the  olfender  shall  be  lined  as 
provided  in  sectiiui  2,')8i!.     ^Ord.  lil44'J,  amending  M.  C  see.  2427.) 

This  section    (prior  to   present  amendment)    upheld    In   Coal   Co.    vs.   St.    I>oul8, 
130  Mo.   323,   327.  fi  uq. 

See.  2573.  Frauds — |MiiiislinM>nt  «»l".  \\\\  person  who  shall  have 
had  any  hay.  grain  or  cereal,  stone  or  bituminous  coal,  anthracite  or  senii- 
anihiacile  coal  iw  coke.  <u-  any  other  article  weighed  upon  any  public  scale 
or  pri\aie  scale  having  a  legally  boiideil  weigher  in  the  ("ity  of  St.  I,onis, 
and  received  a  certificate  of  the  weight  Ihereof.  who  sli.ill  sell  a  ](art  thereof, 
and  afterwards  sell  or  oiler  to  sell  the  remainder  as  for  the  qnanlity  called 
for  in  his  certificate;  and  any  driver  or  teamster  or  hauler  who  shall  sell  or 
dispose  of  a  part  of  any  load  of  hay,  grain  or  cereal,  stone  or  bitiuuinous 
coal,  anthracite  or  semi-anthracite  coal  or  coke,  or  any  otiier  article  which 
has  bei'ii  legally  weighed  and  for  which  he  has  received  a  certificate  of  the 
weight,  ,'iiid  shall  aflerw  ard.-*  oiler  fi>r  sale  or  deliver  the  remailidei'  .-is  for  ihe 
quantity  lalled  for  in  .said  certificate  of  weight  so  received  by  him,  and  any 
person  who  shall  change,  alter  or  in  any  manner  falsify  the  certificate  of  the 
weigher,  or  shall  |K'rpeirale  any  fraud  on  the  weigher  or  |iurclia.si'r.  or  shall 
siifiVr  any  of  these  things  to  l)o  done,  shall  be  deemed  guilty  of  a  misde- 
meanor and  upon  conviction  thereof  shall  Im-  fined  not  less  than  fifty  dol- 
lars nor  more  than  'Cwc  hundred  dollars,  i  Ord.  2M4;i.  amending  M.  C, 
sec.  242.S.  I 


( 


nUe  :  REVISED  CODE  on  CICNEUAL  ORIJINANTF.S  [CHAP.  40. 

See.  2574.     False  certifloatt'— penalty  for  sale  under. — If  anv 

retailer  or  other  jierson  sell,  or  nller  for  sale,  or  deliver,  a  load  of  hay,  j;raiu 
or  cereal,  stone  or  bituniiuous  <'oal,  anthracite  or  semi-anthracite  coal  or 
coke  in  the  City  of  St.  Louis  under  pretense  of  a  weigher's  certificate  ob- 
tained under  and  by  virtue  of  the  weight  of  another  and  ditt'erent  load  from 
the  one  he  sells,  or  otters  for  sale,  or  delivers,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  theieof  be  fined  not  less  than  one  hun- 
dred dollars,  nor  more  than  five  hundri'd  dullars.  lOi'ii.  2144!i.  amend.  M. 
<;.,  sec.  242t).) 

Sec.  257;").  Litiuor  at  scah's  proliil)ite<l. — Any  weigher  who 
keeps  spirituous  or  other  li(|uor  of  any  kind  in  his  office  f(tr  the  purjiuse  of 
li-eating  the  drivers  of  hay  or  coal  teams  dui'ing  the  houi's  of  weigiiing,  or 
wlio  treats  tlieni  or  any  of  them,  directly  or  indirectly,  for  the  jnirjiose  of 
])rocuring  weighing  to  be  done  at  his  scales,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  ujion  coiniclion  thereof  shall  be  fined  as  provided  in 
section  2583.     (M.  C.  se<'.  24:!(l.  i 

Sec.  2rj7(>.  Oealinj;  in  artiele.s  not  weijfhed  at  authori/.ed  scales 
p  rohib  i  te  d— niisdeniean<»r — penalty. — Any  person  offering  for 
sale  or  delivery  or  delivering,  in  the  ( 'iiy  of  St.  Louis,  any  load  of  hay,  grain 
or  cereal,  stone  or  bituminous  coal,  anthracite  or  semi-anthracite  coal  or 
coke,  excei>t  bituminous  coal  in  (|uantities  less  than  twenty-five  bushels, 
and  hay,  gr;iin  or  cei'eal  in  (|uantities  less  than  twenty-five  hundredweight, 
op  other  article,  in  any  wagon  or  other  vehicle,  which  has  been  weighed  at 
scales  not  authorized  to  issue  certificates  of  weight  by  ordinances  of  the 
<!it,y  of  St.  Louis,  or  shall  sell,  or  oft'er  to  sell,  or  deliver,  any  load  of  hay. 
grain  or  cereal,  stone  f)r  bituminous  coal,  anthracite  or  semi-anthracite  coal 
or  coke,  except  bituuiinous  coal  in  (luaniities  less  than  twenfy-five  l>ushels, 
and  hay,  grain  or  ceriMil  in  (nianlilies  less  than  twenty-five  Inindrt'dwciglit. 
or  other  article,  tindei-  and  by  ,iulii(iiily  of  a  certificate  of  weight  issued  by 
any  weigher  of  such  uiiatiliiorized  oi'  illegal  scales,  shall  b(-  deemed  guilty 
of  a  misdemeanor,  and  shall  be  fined  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars  for  every  first  otl'ense,  and  for  every  subsequent  ort'ense 
the  sum  of  not  less  tlnin  one  hundred  dollars,  nor  more  than  fi\e  hundred 
dollars.     (Ord.  2144;t,  amending  M.  C.  sec.  24:n.i 

Sec  2r)77.  Aetiiif;  as  \vei^ht'r  at  unauthorized  srales  pro- 
h  i  b  i  t  e  <l — penalty. — Any  jierson  acting  as  weigher  and  i.ssning  certifi- 
cates of  weighing  at  scales  not  authorized  by  ordinances,  shall  be  deemed 
guilty  of  a  misdemeam)r  and  shall  be  fined  as  pi-ovided  in  section  2r)8;!.  (AL 
«'.,  u'ec.  24;!2. 1 

Sec  2578.  Penalty  for  inlerferinj;  witli  sc^ales  or  weighers 
— misdemeanor.— Any  ])erson  who  interferes  with  a  jiublie  scale  or 
the  weigher  theieof  while  in  the  discharge  of  his  <luty  by  demanding  or  ex- 
acting niori-  weight  of  and  for  (lie  article  weighed  than  thai  what  |  which  | 
he  declares  it  to  be,  or  by  threalenilig  or  mcnancing  him.  oi-  by  using  harsh 
or  abusive  language  to  him  while  in  the  discli.irge  of  his  <luty,  or  who  shall 
cau.s('  any  noise  in  or  about  the  office  of  such  scale,  or  who  shall  interfere 
with  any  person  or  ))ersons  who  are  about  to  have  weighing  done  or  who 
have  already  done  weighing  at  any  public  scales,  by  menacing  or  otherwise 
abusing  them  therefor,  or  by  using  luiseendy,  profane,  obscene  or  oft'ensive 
language  towards  them  shall  be  deemed  guilty  <if  a  misdemeanor,  and  upon 
couviction  thereof  shall  be  lined  as  pi-o\  ided  in  sec.  2."s:',.     i  M.  C.,  sec.  24;>;!.) 


VKT.    nil  1>K   PllU.IC  SCAI 


112' 


Sec.  2579,     Tests  of   seaU's   to    Ik-    ma«l«> .Ka.li    w.Mtrh.r     shall 

cause  the  atciirarv  i.l  the  scales  under  his  cliar;;e  to  he  tested  In  the  in- 
s{>ector  of  weijriits  atid  measiii-es  at  least  twice  in  eaeli  yoiiv.  and  ai  all 
limes  such  tt'sts  shall  he  made  h\  ihr  insjtector  of  wcij;hts  and  measures; 
hut  tut  i-eiiairs  invidviiii;  any  f\|MMdilure  of  money  shall  he  nuide  w'ilhout 
the  aj)pruval  ol'  the  eomiiiniilcr.     i  M.  C.  sec.  LM;t4.  i 

Sec.  2580.  \V«>i<;lH'r  aiul  surely  prohihitrd  tiom  <Uiiliiiii  in  ai- 
ti»'h>s  wri<rliiil>le  on  s«-ales — No  |..mso»  actin<;  as  wei^dier  on  any 
si-alc  autlioii/.cil  to  do  |iul)lic  \vei};hin<j:,  of  any  of  his  hondstnen,  shall,  di- 
rectly or  indirectly,  be  interested  or  eiif;a<;ed  in  the  huyinjij  or  selling  of 
hay.  trrain  or  cereal,  stone  or  hilumiimus  coal,  anthracite  or  scmi-anihracile 
coal  or  coke,  or  other  articles  \\cij,dieil  u|ion  such  scales  of  which  such  per- 
son is  weiyher.  Am\  |icrsoM  \iolaiinjr  this  section  shall  lie  deemed  <;uill\ 
of  a  niisdenicaiior.  and  liin'd  as  ]u-o\  ided  in  sec.  li.j.S."!.  lOrd.  I'lllU,  aiiiend 
inj;  M.  C,  sec.  24.'>.'>.  i 

Sec.  2.jSi.  I'aclvjijjes  on  wagons — how  arr:iii<;<-<l  anil 
eountiMl— penalty  for  violation. — Drivers  of  teani.s  liaulin-;  hay. 
(orn.  oats  and  other  articles  in  packajres  to  be  wei>jhed  are  hereby  reijuired 
to  arranjie  stieh  jiacka^es  on  their  resjiective  wa;rons  in  such  manner  thai 
they  cati  he  conveniently  counted  and  the  nuiidier  thereof  asceriaiiied.  It 
shall  be  the  dut\  of  every  wei^:her  to  ascertain  by  actual  count  the  mimlier 
of  packajies  on  such  wafions  before  issuing  hi.s  certificate  of  weight  and 
ntiinber  thereof,  and  if.  from  the  arrangement  of  such  packages,  he  may  lie 
unable  to  correctly  count  and  ascertain  their  inimher,  he  shall  leluse  to 
state  upon  the  ticket  the  number  of  packages  said  to  he  coniaiihMJ  in  sm  h 
load.  Any  weigher  who  fails  to  coinjily  with  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall 
he  lined  as  pro\  ided  in  section  2oS:>.     iM.  ('..  sec.  2430.1 

See.  2582.  Duly  of  <*oll«'rtor.  [t  shall  he  the  duty  of  the  ctdlector 
to  see  that  the  |>id\  isions  of  this  article  afiplicahle  to  private  scales  are 
com]>lied  wiih.  and  to  prosecute  all  parties  violating  or  failing  to  comply 
with  the  same,     i  M.  ( '..  sec.  24;>7.  i 

See.  2383.  Penally  fur  \  i<ilat  ion  of  any  provision  of  ilii>  ar- 
ticl«' — i>r<M'«'<Mling:s  on  coun  ictions.  Any  person  violating  oi-  failing 
lo  coniply  with  aii\  of  the  pro\isions  of  this  article  shall  he  deemed  guilt.v 
of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined  (where  no 
ether  tine  is  li.\e<l  by  this  article)  not  less  than  ten  ihdiars  nor  more  than 
live  hundred  dollars  for  each  and  every  oll'eii.se.  to  be  collected  as  |)rovided 
ill  other  viidaiions  of  the  city  ordinances.  In  addition  to  aboV(>  jienalty  if  is 
hereby  further  ordained,  that  whenever  any  owner  or  weigher  of  private 
scales  shall  1h»  convicte«l  of  a  second  violation  or  failure  to  comply  with  the 
provisions  of  this  article,  the  right  to  do  weighing  u)ion  such  scales  shall  1m» 
deemed  lo  Ix'  forfeited,  and  the  scales  shall  he  aholisheil  and  removed  from 
the  street:  and  the  jiolice  justice  Iw^fore  whom  the  ca.se  may  Im>  tried  shall 
so  decree,  and  the  clerk  of  said  police  court  shall  at  once  notify  the  street 
commissioner  of  such  decree,  and  .said  str(H>t  commissioner  shall  immediately 
proceed  to  remove  or  catise  to  be  removed  such  scales  from  the  jiublie  slre<>t8. 
I  M.  (•..  sec.  24::!i.  I 


1128  REVISED  CODE  OR  GENERAL  ORDINANCES.  (CHAP.    40. 

ARTICLE  IV. 

OF  CITY   WEIGHERS. 

Sec.  2584.  City  weijfhers  by  portable  scales  to  be  licensed 
— amount  of. — The  liceu.se  collector  is  hereby  authorized  and  directed 
to  i.ssue  a  liceuse  to  exercise  the  office  of  city  weigher,  by  portable  scales, 
for  the  term  of  one  yeai-,  to  any  jjerson  who  shall  ajijdy  for  tlie  same;  pro- 
vided, such  person  sliall  pay  the  sum  of  twenty-five  dollars  for  such  license. 
(M.  C  sec.  2440.) 

Sec.    2585.     Location    of    office    to    be    registered — duties — 

bond. — Each  weigher  shall  keep  an  office,  the  location  of  which  shall  be 
registered  by  him  in  the  license  collector's  office,  and  sliall  suj)]ily  himself 
with  suitable  scales,  tested  and  approved  by  the  inspector  of  weights  and 
measures,  and  shall,  before  entering  on  the  duties  of  his  office,  give  bond  to 
the  city  in  the  penal  sum  of  two  thousand  dollars,  with  good  and  sufficient 
security,  to  be  approved  by  the  license  collector,  conditioned  for  the  faithful 
performance  of  the  duties  of  the  office  of  weigher  and  to  indemnify  all  per- 
sons against  any  fraud,  collusion  or  error  on  his  part,  and  he  shall,  when 
re(]uested,  weigh  any  article  of  commeice  and  deliver  to  the  apiilicant  a  cer- 
tificate which  shall  state  the  marks  and  number  of  the  packages  weighed, 
the  number  of  such  packages  constituting  each  draft,  and  the  weight  of 
such  draft  separately,  and  also  the  total  weight  of  each  lot  of  merchandise, 
which  is  distinguished  by  a  separate  mark,  and  shall  keep  a  register  in  a 
suitable  book  of  all  articles  weighed.     (M.  C,  sec.  2441.) 

Sec.    2586.     Penalty     for    weighing    without      license. — Any 

fierson  who  shall  exercise  the  office  of  citj'  weigher  on  portable  scales,  with- 
out having  taken  out  a  license,  as  herein  provided,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof,  be  fined  not  less  than  fifty 
nor  more  than  one  hundi'ed  dollars  for  each  and  every  offense,  nor  shall  any 
weigher  employ  a  deputy.     (M.  C,  sec.  2442.) 

Sec.  2587.  License  not  to  be  granted  to  certain  per- 
sons.— A  license  as  weigher  sliall  not  tie  granted  to  any  jierson  or  to  any 
employe  of  any  person  who,  at  the  time  of  applying  for  the  same,  is  directly 
or  indirectly  engaged  in  buying,  selling  or  trading  in  any  article  that  he 
may  be  called  upon  to  weigh,  and  any  ]ierson  who  shall,  after  having  taken 
out  a  license,  become  so  engaged  either  as  principal  or  employe,  shall  thereby 
forfeit  the  office  and  privileges  granted  by  this  article  without  claim  on  the 
city  for  the  license  money  ])aid.     (M.  ('.,  sec.  2443.) 

Sec.  2588.  Scales  to  be  tested. — The  scales  of  the  city  weigher 
shall  be  tested  by  the  inspector  of  weights  and  measures  at  least  once  in 
every  six  months,  and  oftener,  if  s\ich  scales  shall  be  suppo.sed  to  be  in- 
correct.    (M.  C,  sec.  2444.) 

Sec.  2589.     Fees  of  city   weighers The    city    weighers    shall    be 

entitled  to  charge  and  receive  as  compensation  for  their  services,  namely: 
For  sacks  of  corn,  wheat,  oats,  rye,  seed,  potatoes  and  onions,  one  cent  per 
hundred  pounds;  for  bags  of  dried  fruit  and  bran,  one  and  one-half  cents 
per  hundred  pounds;  foi'  coffee,  two  cents  per  bag;  for  rags,  two  and  one- 
half  cents  per  hundred  pounds;  for  baled  hay.  tow  and  hemp,  one  and  one- 
half  cents  jier  hnndi-eil  jiounds;  sugar,  eighty-hundredths  of  one  cent  per 
hundred  pounds;  each  hogshead  or  package  of  tobacco,  fifteen  cents;  meat, 


AHT.    v.]  OF  LI'.MIUCIS   MKASUUlillS.  1129 

ten  cents  ]>cv  cask;  meat  in  Imlk.  one  ami  onelialf  cents  per  liundred 
poumls;  lard.  j;rease.  tallow  and  oil.  tliree  cents  jm-i-  tierce  or  jiaikajje;  bar- 
rels, three  cents  each;  ke'js  of  lard,  one  cent  each;  hale  of  cotton,  ei^ht 
cents;  pijj  iron,  one  cent  per  hniidred  pounds;  pij;  lead,  eij^htv  hnndredths 
of  t>ue  cent  per  hundred  pounds;  hales  of  hafis  of  wool  over  one  hundred 
pounds,  ei>iht  cents;  under  a  hundred  iiounds.  four  cents;  coil  rope,  one  and 
onelialf  i'eiils  each;  tierces  of  rice,  live  cents  each  for  assorted  fjraiii,  lifty 
cents  per  limi(lrfd  sacks.     (M.  ("..  sec.  l!44r).  i 

Sef\  2590.  KoffisttT  «)iu'n  to  iiisiMM-fuui.— Tlie  re-risti-r  reipiired 
to  he  kept  1)V  the  citv  wei-^hers  shall,  al  nil  limes,  lie  njien  to  the  inspection 
of  anv  person  interested  in  weitrhiii}:  doin-  li\   iln'in.     i  M.  C,  sec.  2446.) 

AKTICLE  V. 

OF  Ll'MBRR  MK.\SURF:RS.' 

Sec,    2591.     31a>.vor    to     appoint     out'    chief    and    «l«'pntii'H. — 

rpon  the  reconinieiidalion  of  the  Si.  Louis  Ilarihvood  and  I.uiiilier  Manu- 
facturers' i;xchan^e.  a  corporation  e.\istin>;  under  the  laws  of  .Missouri,  the 
inavor  of  the  Citv  of  St.  I-oiiis  shall  api>oint,  for  said  exclianire,  one  chief 
inspector  and  in<>asurer  and  such  deput\-  inspectors  and  measurers  as  mar 
he  necessarv  to  perform  the  duties  of  iiispeclinj;  and  ineasuiin<;  any  and 
all  liunher  which  shall  be  placed  under  their  supervision;  and  ujion  the 
recoininendation  of  the  Lumbermen's  Exchange  of  St,  Louis,  a  corporation 
e.xistinjr  under  the  laws  of  Missouri,  the  mayor  of  the  City  of  St.  Louis 
shall  also  ajipoint,  for  said  e.\chant;e,  oiu'  chief  insjiector  and  measurer  and 
such  deputy  insi)ectors  and  measurers  as  may  be  necessary  for  its  ])uriiose, 
.\ll  of  said  apiK>intments  must,  however,  be  conlirmed  by  the  council,  and 
all  \acancies  shall  be  filled  in  liki-  inaiimr.     i  .M.  C„  sec.  2447.) 

Sec.  2592.  Lii-en.se.s  and  bond.s. — The  chief  inspector  and  meas- 
urer shall  jiay  a  license  fee  of  twenty  live  dollars  per  year,  and  f;ive  a  bond 
in  the  sum  of  three  thousand  dollars,  and  the  dejiuty  inspectors  and  meas- 
urers shall  pay  a  liien.^ie  fee  of  lifleen  dollars  per  year,  anil  ,i;ive  a  bond  in 
the  sum  of  t\\o  thousami  (hdlars  (such  bonds  to  be  payable  to  the  City 
of  St.  Louis,  for  the  use  of  any  iierson  injured  i  and  conditioned  for  the 
faithful  jierfiuniance  of  the  duties  of  their  resiiective  offices,  and  to  indem- 
nify all  jiersons  against  any  fraud,  collusion  or  error  on  their  part.  (M.  C, 
sec'.  244S.I 

See   2593.     Lumber    to  be    insp«M'l<Ml    an<l    nu'iisnred  — rules. 

— Saifl  inspectors  and  measurers  and  iliiir  deputies  shall  !»•  nipiired  lo  in 
sped  and  measure  all  InmlMM*  jdaeed  under  their  supervision,  aeeordiu};  to 
the  rules  of  their  respective  exchan<;es,  now  in  force  or  which  may  here- 
after be  ailopti'd  by  them,  such  rules  to  conform  lo  ihe  jirovisions  of  this 
article.     (M.  C  sec.  •J449.  i 

See.  2594.  \VlM*n  lic«'nse  may  l»e  revoked. — Wht-iiever  it  be- 
comes necessary  to  suspend  from  duty  or  lo  dischar;;e  either  chief  insjK'c- 
tor  and  measurer  or  his  deputies  of  either  of  said  exchanj;es,  for  dereliction 
of  duly  or  transjiressing  any  of  the  rules  of  suih  exchaiifie,  such  suspension 
or  dislhar>.'e  shall  be  duly  certified  by  smh  exchanp'  to  the  mayor  of  the 
Citv  of  St.  Louis,  and  the  license  of  said  in8|M>ctor  and  measurer,  or  deputy 


'.Mtinlclpal   authority    for   lumber   ln»pcctlon   and   meaauromi-nt:      Ctiartcr.    Art. 
lit.    n»'C.    26,   clause    T*    wtinrfnsrc    on    InmlH-r     lA      riauso   4. 


1130  ItEVISEl)  CODK  OR  GICNJJHAI.  OHLiINANCKS.  ICHAR    4U 

iusixjctors  and  measurers,  shall  thereupon  be  revoked  liv  the  mayor,  and 
any  attempt  to  inspect  or  measure  lumber  as  an  oltieial  inspector  and  meas 
uivr,  or  deputy,  lor  such  exchaui>e,  on  the  i)art  of  any  person  whose  license 
shall  have  been  revoked,  shall  be  a  misdemeanor.  The  chief  inspectors  and 
measurers  and  deputy  insjiectors  and  measurers  shall  be  subject  to  removal 
at  any  time  by  the  mayor.     (M.  (,'.,  sec.  l'4oU.  i 

Sec.  2595.     Arti<*los  subject   to   inspection — wlu're    landed 

All  lumber  or  other  arlicles  bioiii;ht  to  this  city  liy  water  and  landed  on  the 
wharf  or  landinji.  and  which  are  placed  under  the  sujiervision  of  any  li- 
eensed  lumber  inspector  and  measurer,  shall  be  ])laced  where  and  in  such 
manner  as  the  harbor  and  wharf  •coiiimissinner  or  his  dcjintv  niav  direct. 
(M.  C  sec.  24."31.i 

8ee.   2596.     ('ertifi<'ate  of  nieasiireinenl— what  to   .state. — All 

deputy  lumber  insiieciois  and  measui'crs  shall.  ui»in  measurinj;-  any  lum- 
\)fv.  f»ive  a  certificate  slatinj;  the  (pialil\-  and  ipiantity  thereof  to  the  owner, 
countersigned  by  the  chief  insjiector  and  measurer,  and  as  prescriljed  by 
ordiname.     (M.  ("..  sec.  2452.1 

Sec.   2597.     Inspeetor.s,  etc.,  not  to   buy    or   sell It    shall    not 

be  lawful  for  any  chief  inspector  and  measurer  or  any  deputy  insi)ector  and 
measurer  directly  or  indirectly,  personally  <»r  by  another,  to  lie  en<;aged  in 
the  l>uying:  or  sellini!,  of  any  of  the  articles  herein  placed  under  their  super- 
vision.    (M.  C,  sec.  24.53.) 

Sec.  2598.  Fees. — The  chief  inspectors  and  measurers  and  deputy 
inspectors  and  measurer  shall  be  entitled  to  collect  for  their  own  use  for 
inspecting  and  m(>asurin<;-  lumlier  such  fees  as  may  l)e  est.iblished  by  the 
by-laws  or  rules  of  the  exchange  for  which  they  are  appointed.  Such  fees 
shall  not  at  aux  lime  exceed  the  amount  limited  liv  ordinance,  i  M.  C,  sec. 
2454.) 

Sec.  2599.  Penalty  for  aetiiij;'  witTiont  license,  or  violat- 
inff  thi.s  article. — No  person  shall  perlorm  the  duties  of  the  office  of 
sui-h  chief  inspector  and  measurer,  or  de])uly  insjiector  and  measurer,  un- 
less he  shall  ha\(>  first  been  ajipointed  and  obtained  a  license  for  that  pur- 
1)ose,  as  provided  in  the  preceding  sections,  and  any  per.son  who  shall  per- 
form the  duties  of  any  such  office  without  such  license,  or  who  shall  violate 
any  of  the  jirovisions  of  this  article,  shall  be  deemed  guilty  of  a  misde- 
meanor and  shall,  u]ion  conviction  thereof,  be  fined  not  less  than  twenty-five 
nor  more  than  one  hundred  dollars.  Each  and  every  act  of  insi)ecting  or 
measuring  lumbei-  shall  (imstiiiite  a  separate  offense.     ('^\.  ('.,  .sec.  2455.) 


APPROVED  MARCHic),  1907. 


INDE.X  TO  REVISED  CODE  FOLLOWS 
APPENDLX. 


PART  IV 


j^iPiPEisriDix: 


TO   REVISED  L  ODE. 


(.KNKKAI.  (  »1MM  NANCES  i:\A(    I'Kl)  Al'I'Kl.'   I' III;  >l   H- 
MISSIOX    OF    TIIK     iM:\  l>i:i)    CODK     I'O     I'llK 


MINK   ll'AL   A^SIIMI 

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1132  '  APPENDIX   TO   REVISED   CODE. 

CHAP.   I,   ART,   IV.  BUILDING   CODE. 

CHAPTER  I. 

BUILDINGS,   DEPARTMENT   OF. 

ARTICLE  IV. 

BUILDING  CODE. 

(ORDINAXCJ;  22778.) 

Building  Code — Clerks — Salaries,  Bonds,  etc. — An  ordinance  to  amend  Ordi- 
nance Number  21463.  entitled,  "An  ordinance  amendatory  of  Section  Twenty-eight 
of  Article  Four  of  the  Municipal  Code  of  St.  Louis  [R.  C,  sec.  31]  in  relation  to  the 
office  of  the  Commissioner  of  Public  Buildings,"  approved  April  7,  1904. 

Be  it  Ordained  hy  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  follows: 

Section  1.  Ordinance  Number  21463,  entitled  "An  ordinance  amendatory  of 
Section  Twenty-eight  of  Article  Four  of  the  Municipal  Code  of  St.  Louis,  in  rela- 
tion to  the  office  of  the  Commissioner  of  Public  Buildings,"  approved  April  7,  1904. 
is  hereby  amended  by  striking  out  Section  One  of  said  ordinance  and  inserting  in 
lieu  thereof  a  section  havin,g  the  same  number  and  to  read  as  follows;  Section  One. 
Section  Twenty-eight  of  Article  Four  of  the  Municipal  Code  of  St.  Louis  is  hereby 
amended  by  striking  out  said  section  and  inserting  in  lieu  thereof  another  section 
bearing  the  same  number,  as  follows:  Section  Twenty-eight.  [R.  C  sec.  31.]  Clerks 
— Salaries  and  bonds.  There  shall  he  appointed  by  the  Comniissionei  of  Public 
Buildings,  subject  to  the  approval  of  the  Mayor,  a  Chief  Clerk  and  an  Assistant 
Clerk,  and  a  Permit  Clerk.  The  Chief  Clerk  shall  receive  a  salary  of  One  Hun- 
dred and  Twenty-five  Dollars  per  month,  payable  monthly.  He  shall  give  bond  in 
the  sum  of  Two  Thousand  Dollars,  vvith  good  and  sufficient  security,  to  be  approved 
by  the  Mayor  and  Council.  The  Assistant  Clerk  shall  receive  a  salary  of  One 
Hundred  Dollars  per  month,  payable  monthly,  and  shall  give  bond  in  the  sum  of 
One  Thousand  Dollars,  with  good  and  sufficient  security,  to  be  approved  by  the 
Mayor  and  Council.  The  Permit  Clerk  shall  receive  a  salary  of  One  Hundred  and 
Twenty-five  Dollars  per  month,  jiayable  monthly,  and  shall  give  bond  in  the  sum  ol 
Two  Thousand  Dollars,  with  good  and  sufficient  security,  to  be  approved  by  the 
Mayor  and  Council. 

Approved  February  12th,  1907. 

(OUIUXANCE   22749.) 

Additional     Employes  and     Appointees. — An  ordinance  to   amend  Ordinance 

Number  20CG1,  entitled  "An  ordinance  to  amend  Section  Thirty-one  of  the  .Mu- 
nicijial  Code  (relating  to  Commissioner  of  Public  Buildings)  fR.  C,  sec.  34]  by 
striking  out  said  section  and  inserting  a  new  section  bearing  the  same  number,  by 
adding  certain  words  thereto. 

Be  it  Ordained  hy  the  Municipal  Assemhly  of  the  City  of  St.  Louis,  as  follows: 

Section  1.  Section  One  of  Ordinance  Number  20661  is  hereby  amended  by  in- 
serting in  said  section  after  the  word  ■'monthly"  in  line  fifteen  thereof  and  before 
the  word  "The"  in  line  sixteen  thereof  the  following:  "The  said  Commissioner  of 
Public  Buildings  shall  also  have  authority  to  appoint  with  the  approval  of  the 
Mayor  one  additional  inspector,  to  be  known  as  Inspector  of  Plastering,  who  shall 
receive  a  salary  of  one  hundred  dollars  each  month,  payable  monthly,  and  who  shall 
be  a  practical  iilasterer  and  a  tnialified  voter  of  the  City  of  St.  Louis  for  at  least  two 
years  prior  to  his  appointment."  So  that  said  Section  One  of  Ordinance  Number 
20661  as  amended,  shall  read  as  follows:       [R.  C,  sec.  34.] 

Sec.  1.  Section  Number  Thirty-one  of  the  Municipal  Code  is  hereby  amended 
by  striking  out  said  section  and  inserting  in  lieu  thereof  a  new  section  to  be  known 
as  Section  Number  Thirty-one. 

Sec.  31.  In  addition  to  the  inspectors  provided  for  in  Section  Thirty  of  this 
article,  the  Commissioner  of  Public  Buildings  may.  when  necessary  for  the  proper 
performance  of  the  work  of  the  department,  employ,  with  the  approval  of  the 
Mayor,  additional  inspectors  not  exceeding  six  in  number,  and  whose  salaries  shall 
be  one  hundred  dollars  each  per  month,  payable  monthly.  The  said  Commissioner 
of  P\iblic  Buildings  shall  also  have  authority  to  appoint,  with  the  ajiproval  of  the 
Mayor,  one  additional  inspector,  to  be  known  as  Inspector  of  Plastering,  who  shall 
receive  a  salary  of  one  hundred  dollars  each  month,  jiayable  monthly,  and  who  shall 
be  a  practical  plasterer  and  a  qualified  voter  of  the  City  of  St.  Louis  for  at  least  two 
years  prior  to  his  appointment. 

The  said  Commissioner  of  Public  Buildings  shall  also  have  authority  to  ap- 
point, with  the  approval  of  the  Mayor,  one  examiner  of  plans,  whose  salary  shall 


AIT'ION'DIX  TO  i:kvisioi>  codk.  ]133 

CHAP.    I.   AUT.    IV.  BUILDINr,   CODK. 

be  OIK'  hundred  and  twenty-five  dollars  per  month,  payable  monthly,  and  one  rec- 
ord clerk,  whose  salary  shall  be  one  hundred  dollars  per  month,  payable  monthly, 
and  one  stenographer,  whose  salary  shall  be  seventy-five  dollars  per  month,  pay- 
able monthly.  Said  examiner  of  plans  and  inspectors  of  the  second  class  shall  be 
skilled  mechanics,  engineers  or  architects,  having  a  thorough  knowledge  of  building 
construction,  and  shall  each  give  bond  to  the  City  of  St.  Louis  for  the  tailhful  per- 
formance of  his  duties  in  the  sum  of  two  thousand  dollars  with  two  good  and  suf- 
ficient securities  to  be  approved  by  the  Mayor  and  Council.  All  of  the  employes 
herein  authorized  to  be  approved  or  employed  shall  be  subject  to  dismissal  by  the 
Commissioner  of  Public  Huildings  at  his  pleasure.  Seven  horses  and  buggies  shall 
be  allowed  to  the  office  of  the  Commissioner  of  Public  Buildings,  to  be  acquired 
and  maintained  at  the  cost  ol  the  city;  the  purchase  price  of  each  outfit,  consisting 
of  horse,  buggy  and  harness,  shall  not  exceed  the  sum  of  three  hundred  and  fifty 
dollars. 

Approved  February  5th.  1907. 

(OKDIX.Wfi;   iliTIS.) 

Buildin);  Code — Ceilings — Partitions,  etc. — An  ordinance  to  amend  Ordinance 

.Vumber  L'L'KL'l'.  entitled  "An  ordinance  to  revise  the  building  code  of  the  City  of 
St.  Louis,  being  .-Vrticle  Four,  Chapter  One.  of  the  .Municipal  Code,  repealing  Sec- 
tions oS  to  2ij;i,  inclusive,  of  said  article,  and  enacting  in  lieu  thereof  a  new  ordi- 
nance governing  the  construction  and  erection,  reconstruction,  alteration,  repair, 
remodeling,  changing,  moving,  removal  and  securing  of  buildings  in  said  city,  and 
providing  for  the  safety  of  buildings  when  so  erected;  also  regulating  the  use  of  and 
providing  for  the  safety  of  the  public  in  theaters,  opera  houses  and  other  buildings 
devoted  to  public  amusement."  approved  April  7.  190,t.  by  adding  thereto  a  new 
section  to  be  known  as  Section  Seventy-one  A.      [R.  C.  sec.  Ilia.] 

Be  it  Otdaiued  by  the  Municipal  Assembly  of  the  City  of  St.  l^oiiis,  as  follows: 

Section  1.  Ordinance  Number  22022,  entitled  "An  ordinance  to  revise  the 
Building  Code  of  the  City  of  St.  Louis,  being  Article  Four.  Chapter  One.  of  the 
Municipal  Code,  repealing  Sections  3S  to  2.t3.  inclusive,  of  said  article,  and  enacting 
In  Ueu  thereof  a  new  ordinance  governing  the  construction  and  erection,  recon- 
struction, alteration,  repair,  remodeling,  changing,  moving,  removal  and  securing 
of  buildings  when  so  erected;  also  regulating  the  use  of  and  providing  for  the  safety 
of  the  public  in  theaters,  opera  houses  and  other  buildings  devoted  to  public  amuse- 
ment." is  hereby  amended  by  inserting  a  new  section  to  be  known  as  Section 
71    A.  as  follows: 

Section  71  A.  All  ceilings  and  stud  partitions  of  all  dwellings,  lodgings  and 
tenement  houses,  and  furred  walls  of  the  same,  when  plastered  with  lime  mortar 
on  wood  lath,  must  have  not  less  than  one-half  Inch  key,  leaving  space  between  ends 
of  lath. 

For  three-coat  or  scratch-coat  work  to  have  at  least  seven-eighths  Inch  grounds 
or  jambs,  mortar  to  be  mixed  as  follows: 

First  of  scratch  coat  to  be  mixed  or  tempered  one  part  of  thoroughly  slaked 
lime  to  two  and  one-half  parts  of  sand  and  one-half  part  of  hair  to  be  applied  with 
sufficient  pressure  to  insure  a  good  rivet  or  clinch  on  upper  side  of  lath,  to  be 
scratched  thoroughly  to  make  key  to  retain  second  coat.  First  coat  to  be  thor- 
oughly dry  before  applying;  second  coat  or  brown  mortar,  for  three  coat  or  scratch 
work  to  be  mixed  wltli  one  part  of  slaked  lime  to  four  parts  of  sharp  sand,  with 
little  hair.  Lime  mortar  for  brick  or  tile  work  to  be  mixed  with  one  part  lime 
to  five  sand. 

For  two  coats  of  laid  off  work.  First  coat  to  be  mixed  the  same  as  in  three 
coat  work.  Brown  mortar  or  second  coat  to  be  mixed  or  tempered  one  part  of 
lime  to  six  parts  of  sand.  Grounds  should  not  be  less  than  one-half  inch.  For 
white  coating  with  lime  mortar,  lime  should  be  well  slaked  and  put  through  a  fine 
screen  or  sieve. 

To  mix  thoroughly  before  applying  use  two  parts  of  lime  to  one-half  part  of 
plaster  of  parls. 

For  cornice  work  equal  parts  of  lime  and  plaster  of  parls  should  be  used.  All 
lime  should  be  slaked  at  least  ten  days  before  using.  .Ml  plastering  must  be  done 
straight  and  square  to  the  floor  line;  also  all  plastering  made  flush  and  solid  to  all 
frames  and  to  be  straight  and  regular  to  all  mouldings  and  casings. 

When  patent  plasters  are  used,  such  as  Acme,  Climax,  Floyal,  Laramie  and 
other  standard  cement  plaster; 

For  three-coat  work,  lath  to  be  spaced  not  less  than  three-eighths  Inch  key, 
joints   to   be   broken  every   fifth   lath,   leaving  space   between   ends  of   lath.      First 


1134  API'KNDIX  TO   REVISED   CODE. 

CHAP.  I.  ai:t.  IV.  nni.DiXG  code. 

coat:  To  each  measure  of  fibered  cement  plaster  add  two  measures  of  clean, 
sharp  sand,  mixed  thoroughly  and  uniformly,  and  add  sufficienr  water  to  temper 
to  proper  consistency.  Mortar  to  be  applied  promptly  with  suffjcient  pressure  to 
form  a  good  rivet  or  clinch  on  upper  side  of  lath.  First  coat  to  be  thoroughly 
scratched  to  make  a  key  to  retain  second  coat. 

Second  coat  to  be  applied  when  first  coat  is  two-thirds  dry,  and  to  each  meas- 
ure of  fibered  cement  plastered  add  two  measures  of  clean,  sharp  sand,  mixed  thor- 
oughly and  uniformly,  and  add  sufficient  water  to  temper  to  a  stiff  mortar.  Mortar 
to  be  applied  promptly  with  sufficient  pressure  when  half  dry  to  apply  finishing 
coat.     Finish  coat  for  smooth  finish. 

Unfibereid  cement  plaster  with  sufficient  water  to  temper  to  a  proper  con- 
sistency trowelled  do\<'n  with  the  least  water  possible  and  brushed  with  a  perfectly 
dry  brush. 

Second  coat  \vork. 

Grounds  to  be  not  less  than  one-half  inch.  Lath  to  be  spaced  not  less  than 
three-eighths  inch  key.  Joints  to  be  broken  every  fifth  lath,  leaving  space  between 
ends  of  lath. 

First  coat. 

To  each  measure  of  fibered  cement  plaster,  add  two  measures  of  clean,  sharp 
sand,  mixed  thoroughly  and  uniformly.     Add  sufficient  water  to  temper  to  proper- 
consistency.     Mortar  to  be  applied  at  once,  with  coat  sufficient  to  make  walls  flush 
with  grounds.     Apply  finishing  coat  when  first  coat  is  half  dry. 

Approved  February  5th,  1907. 

(ORDIXAXCE   23013.) 

IJuililiuf;  Code — K<.'-onforcing — Concrete,  etc.  (See  Rev.  Code,  sec.  234a). — 
An  ordinance  to  amend  Ordinance  Number  22022,  entitled  ".^n  ordinance  to  revise 
the  Building  Code  of  the  City  of  St.  Louis,  being  Article  Four.  Chapter  One  of  the 
Municii)al  Code,  by  repealing  Sections  .3S  to  i.'io.  Inclusive,  of  said  article,  and  enact- 
ing in  lieu  thereof  a  new  ordinance  governing  the  construction  and  erection,  recon- 
struction, alteration,  repair,  remodeling,  changing,  moving,  removal  and  securing  of 
buildings  in  said  city,  and  providing  for  the  safety  of  buildings  when  so  erected: 
also,  regulating  the  use  of  and  providing  for  the  safety  of  the  public  in  theaters, 
opera  houses,  and  other  buildings  devoted  to  public  amusement,"  approved  April 
7,  190."i,  by  adding  thereto,  and  at  the  end  thereof,  five  new  sections.  Numbered 
1S8,  1S9,  200,  201  and  202.  which  said  sections  govern  and  regulate  the  compo- 
sition, strength,  resistance  and  use  of  concrete  and  re-enforced  concrete,  used  in 
the  construction,  erection,  reconstruction,  modification,  alteration  and  repair  of 
buildings  in  the  City  of  St.  Louis. 

Be  it  Ordained  hy  the  Miniii  ipn!  Assemlih/  of  the  City  of  St.  Louis,  as  foltows: 

Section  1.  Ordinance  Number  Twenty-two  Thousand  and  Twenty-two.  en- 
titled: "An  ordinance  to  revise  the  Building  Code  of  the  City  of  St.  Louis,  being 
Article  Four,  Chapter  One,  of  the  Municipal  Code,  repealing  sections  Thirty-eight 
to  Two  Hundred  and  Fifty-three,  inclusive,  of  said  article,  and  enacting  in  lieu 
thereof  a  new  ordinance,  governing  the  construction  and  erection,  reconstruction, 
alteration,  repair,  remodeling,  changing,  moving,  removal  and  securing  of  build- 
ings in  said  city,  and  providing  for  the  safety  of  buildings  when  so  erected;  also 
regulating  the  use  of  and  providing  for  the  safety  of  the  public  in  theaters,  opera 
houses,  an'd  other  buildings  devoted  to  public  amusements,"  approved  April  Sev- 
enth, Nineteen  Hundred  and  Five,  is  hereby  amended  by  adding  thereto  and  at  the 
end  thereof,  five  new  sections,  numbered  One  Hundred  and  Ninety-eight,  One  Hun- 
dred and  Ninety-nine,  Two  Hundred,  Two  Hundred  and  One  and  Two  Hundred 
and  Two,  which  said  sections  govern  and  regulate  the  composition,  strength,  re- 
sistance and  use  of  concrete  and  re-enforced  concrete,  used  in  the  construction, 
erection,  reconstruction,  modification,  alteration  and  repair  of  buildings  in  the 
City  of  St.  Louis. 

Sec.  19S.  Re-enforced  Concrete.  Definitions;  First — Re-enforced  Concrete 
is  a  concrete  in  which  steel  is  embodied  in  such  manner  that  the  two  act  in  unison 
in  resisting  stresses  due  to  external  loading.  Second — Concrete  is  an  artificial 
stone  resulting  from  a  mixture  of  Portland  Cement,  water  and  an  aggregate.  Third 
— Portland  Cement  shall  be  as  defined  in  the  Standard  Specifications  adopted  on 
.lune  Fourteenth,  Nineteen  Hundred  and  Four,  by  the  American  Society  for  Test- 
ing Materials.  Fourth — An  Aggregate,  as  herein  used,  means  one  or  more  of  the 
following  materials:      Sand,   broken  stone,  gravel,  hard-burned  clay,     .\ggregates 


Al'l'KNDIX    TO   UI;VISI:P  CODR.  )j;;5 

CHAP.  I,  .\i:t    IV.  iirit.iMNii  ••>>i>i:. 

will  he  (liviflfd  iiiui  two  classes.  Klnc  AkkickiUc  and  Coaisc  AjJBroKutt's.  A  Fliif 
ARgrt'Kate  will  include  all  AKBreRiite  passing  a  number  eight  sieve.  A  Coar.st^ 
Aggregate  will  include  all  Aggregate  passing  a  one-inch  ring  and  retained  on  a 
number  eight  sieve. 

Sec.  199.  Qualit.v  of  Materials.  First — Portland  Cement  shall  conform  lo  the 
requirements  of  the  specifications  of  the  .Vmerican  Society  for  Testing  Materials, 
as  adopted  .lune  Fourteenth.  Nineteen  Hundred  and  Four,  with  all  subsequent 
amendments  thereto.  Second — Aggregates.  Fine  .\ggregates  shall  be  well  graded 
In  size  from  the  finest  to  at  least  the  size  retained  on  a  number  ten  sieve.  Coarse 
Aggregates  shall  also  bo  well  graded  in  size,  from  the  llnesi  to  at  least  the  size 
retained  b.v  a  nine-sixteenths-inch  ring.  Fine  Aggregates  ma.v  contain  not  more 
than  five  per  cent,  by  weight,  of  clay,  but  no  other  impurities.  Coarse  .Aggregates 
shall  contain  no  impurities.  "A" — Sand  shall  be  equal  in  quality  to  the  Mississippi 
River  saikI.  "B" — Broken  Stone  shall  be  either  limestone,  chatts  or  granite,  or 
some  other  stone  equal  to  one  of  these  in  the  opinion  of  the  Commi.ssioner  of  Pub- 
lic Buildings.  "C" — Flard-Burned  Clay  shall  be  made  from  suitable  clay,  free 
from  sand  or  silt,  burned  hard  and  thoroughly.  Absorption  of  water  should  not 
exceed  fifteen  per  cent.  Third — Concrete.  The  solid  ingredients  of  the  concrete 
shall  be  mixed  by  volume  in  one  of  the  following  proportions:  "A."  not  more  than 
three  parts  of  Fine  .Aggregate  to  one  of  Cement,  "n,"  not  more  than  two  parts  of 
Fine  .Aggregate  and  four  parts  of  Coarse  Aggregate  to  one  of  Cement:  but  in  all 
cases  the  Fine  .Aggregate  shall  be  fifty  per  cent  of  the  Coarse  .Aggregate.  Concrete 
shall  have  an  ultimate  strength  in  comjiression  in  twenty-eiglit  days  of  not  less 
than  the  following:  Burned-Clay  Concrete — One  Thousand  Pounds  per  square 
inch.  .All  J)lher  concrete.  Two  Thousand  Pounds  per  square  inch.  Fourth — Steel. 
Steel  shall  be  .Medium  Steel  or  Hish  Flastlc-Limit  Steel.  The  physical  properties 
shall  lonform  to  the  following  limits: 

MKDIfM  STKFL: 

Elastic  limit — .Not  less  than  ;'.0,000. 

Percentage  of  elongation,  minimum  in  eight-inch.  K.  l.SUO.Ouu-lfl  (t — lO.OOOj. 

Cold  bend,  without  fracture  on  outer  circumference — 180  flat. 

Character  of  fracture — Silky. 

(f) — Unit  stress  in  steel  at  ruptures. 

HIGH   KI.ASTIC-LIMIT  STKEL: 

Elastic  limit — Not  less  than  .50.000. 

Percentage  of  elongation,  mininnim  in  eight-inch.  E.  l.SOO. 000-10  (f — lO.OOOi. 

Cold  bend,  without  fracturt>  on  outer  circumference — 90  to  radius — five  times 
thickness. 

Character  of  fracture — Silky  or  line  granular. 

(f) — Unit  stress  in  steel  at  ruptures. 

Tests  shall  be  made  on  specimens  taken  from  the  finished  bar.  and  certified 
copies  of  test  reports  shall  be  furnished  the  Commissioner  of  Public  Buildings  at 
his  request.  Bending  tests  shall  be  made  by  pressure.  Finished  materials  shall 
be  free  from  seams,  tlaws.  cracks,  defective  edges  or  other  defects,  and  have  a 
smooth,  uniform  and  workmanlike  finish,  and  shall  be  free  from  irregularities  of 
all  kinds.  The  net  area  of  cross  section  of  finished  steel  members  shall  not  be  le.ss 
than  ninety-five  per  cent  of  the  area  shown  on  approved  designs. 

Section  200.  Execution.  All  re-enforced  concrete  work  shall  be  built  in  ac- 
cordance with  approved  detailed  working  drawings.  These  drawings  shall  be  sub- 
mitted to  the  Commissioner  of  Public  Buildings  for  approval,  and  no  work  shall 
be  commenced  until  the  drawings  shall  have  been  approved  by  him.  The  steel 
used  for  re-enforcing  concrete  shall  have  no  paint  upon  it.  but  shall  present  only 
a  clean  or  slightly  rusted  surface  to  the  concrete.  .All  dirt,  mud  or  other  foreign 
matter  shall  be  removed.  If  the  steel  has  more  than  a  thin  film  of  rust  upon  it.-; 
surface  it  shall  be  cleaned  before  placing  in  the  work.  In  proportioning  materials 
for  concrete,  one  bag  containing  not  less  than  ninety-three  pounds  of  cement,  shall 
be  considered  one  cubic  foot.  The  ingredlenis  of  the  concrete  shall  be  so  thorough- 
ly mixed  that  the  cement  shall  be  uniformly  distributed  throughout  the  mass,  and 
that  the  resulting  concrete  will  be  homogeneous.  The  concrete  shall  be  mixed  as 
wet  as  possible  without  causing  a  separation  of  the  cement  from  the  mixture,  and 
shall  be  deposited  in  the  work.  In  such  manner  as  not  to  cause  the  .separation  of 
mortar  from  coarse  aggregate.  Concrete  shall  be  placed  In  the  forms  as  soon  as 
practicable  after  mixing,  and  in  no  case  shall  concrete  be  used  If  more  than  one 
hour  has  elapsed  since  the  addition  of  its  water.  It  shall  be  deposited  In  hori- 
zontal layers  not  exi-eeding  ►■Icht   inches  In  thickness  and  thoroughly  tamped  with 


1136  APPENDIX  TO  REVISED   CODE. 

CHAP.   I,   ART.   IV.  BUILDING   CODE. 

tampers  of  such  form  and  material  as  the  circumstances  require.  The  steel  shall 
be  acourately  placed  in  the  forms  and  secured  against  disturbance  while  the  con- 
crete is  being  placed  and  tamped,  and  every  precaution  shall  be  taken  to  insure 
that  the  steel  occupies  exactly  the  position  in  the  finished  work  as  shown  on  the 
drawing.  Before  the  placing  of  concrete  is  suspended  the  Joint  to  be  formed  shall 
be  In  such  place  and  shall  be  made  in  such  manner  as  will  not  injure  the  strength 
of  the  completed  structure.  Whenever  fresh  concrete  joins  concrete  that  has  set 
the  surface  of  the  old  concrete  shall  be  roughened,  cleaned  and  thoroughly  slushed 
with  a  grout  of  neat  cement  and  water.  No  work  shall  be  done  in  freezing 
weather,  except  when  the  influence  of  frost  is  entirely  excluded.  Until  sufficient 
hardening  of  the  concrete  has  occurred,  the  structural  parts  shall  be  protected 
against  the  effects  of  freezing,  as  well  as  against  vibrations  and  loads.  When  the 
concrete  is  exposed  to  a  hot  or  dry  atmosphere  special  precautions  shall  be  taken 
to  prevent  premature  drying  by  keeping  it  moist  tor  a  period  of  at  least  twenty- 
four  hours  after  it  has  taken  its  initial  set.  This  shall  be  done  by  a  cove'ring  of 
wet  sand,  cinders,  burlap,  or  by  continuous  sprinkling,  or  by  some  other  method 
equally  effective,  in  the  opinion  of  the  Commissioner  of  Public  Buildings.  If  dur- 
ing the  hardening  period  the  temperature  is  continually  above  seventy  F.,  the  side 
forms  of  concrete  beams  and  the  forms  of  floor  slabs,  up  to  spans  of  eight  feet, 
shall  not  be  removed  before  four  days;  the  remaining  forms  and  supports  not  be- 
fore ten  days  from  the  completion  of  tamping.  If,  during  the  hardening  period, 
the  temperature  falls  below  seventy  F.,  the  side  forms  of  concrete  beams  and  the 
forms  of  floor  slabs,  up  to  spans  of  eight  feet,  shall  not  be  removed  before  seven 
days;  the  remaining  forms  and  the  supports  not  before  fourteen  days  from  the 
completion  of  the  tamping.  But  if.  during  the  hardening  period,  the  temperature 
falls  below  thirty-flve  F.,  the  time  for  hardening  shall  be  extended  by  the  time 
during  which  the  temperature  was  below  thirty-five  F.  Forms  for  concrete  shall 
be  sufficiently  substantial  to  preserve  their  accurate  shape  until  the  concrete  has 
set,  and  shall  be  sufficiently  tight  so  as  not  to  permit  any  part  of  the  concrete  to 
leak  out  through  cracks  or  holes.  Before  placing  the  concrete,  the  inside  of  the 
forms  shall  be  thoroughly  cleaned  of  all  dirt  and  rubbish,  the  forms  of  all  beams, 
girders  and  columns  being  constructed  with  a  temporary  opening  in  the  bottom 
for  this  purpose.  If  loading  tests  are  considered  necessary  by  the  Commissioner  of 
Public  Buildings,  they  shall  be  made  in  accordance  with  his  instructions,  but  the 
stresses  induced  in  all  parts  of  a  structural  member  by  its  test  load  shall  be  the 
same  as  if  the  member  were  subjected  to  twice  the  dead  load,  plus  twice  the  as- 
sumed live  load.  All  tests  of  material  herein  required  shall  be  made  by  testing 
laboratories  of  required  standing,  and  certified  copies  of  such  test  reports  shall 
be  filed  with  the  Commissioner  of  Public  Buildings. 

Section  Two  Hundred  and  One.  Design.  The  Nveight  of  burnt-clay  concrete,  in- 
cluding the  steel  re-enforcement,  shall  be  taken  at  one  hundred  and  twenty  pounds 
per  cubic  foot.  The  weight  of  all  other  concrete,  including  the  re-enforcement,  shall 
be  taken  at  one  hundred  and  fifty  ijounds  per  cubic  foot.  Besides  the  above,  in  calcu- 
lating the  dead  loads,  the  weights  of  the  different  materials  shall  be  assumed  as 
given  in  Table  Number  One.  WEIGHTS  OF  BUILDING  MATERIALS,  ETC..  IN 
POUiNDS  PER  CUBIC  FOOT. 

TABLE  NUMBER  ONE. 
Material.  Weight. 

Paving  brick   150 

Building   brick    120 

Granite 170 

Marble ■  • 1"0 

Limestone    160 

Sandstone 145 

Slag    140 

Gravel    120 

Slate 1'5 

Sand 110 

Mortar 100 

Stone  concrete    150 

Cinder  concrete    90 

Plaster 140 

Glass 160 

Snow    40 

Spruce 25 

Hemlock    2  5 

White  pine    25 


I 
I 


APPENDIX  TO  REVISED  CODE.  li:(7 

CHAP.   I,    ART.   IV.  lU'ILUlNG   CODE. 

Oregon    ftr    30 

Yellow    pine    40 

Oak    50 

Cast  Iron 450 

Wrought  Iron    4  80 

Steel 490 

Paving   asphaltum    100 

The  following  table  gives  the  uniformly  distributed  live  loads,  for  which  struc- 
tural  members  shall  be  designed,  where  their  dead  loads  are  as  given   In  column 

"A": 

TABLE  NUMDER  TWO. 

Dead  load,  pounds  per  square  foot. 

Column  "A."                                     Corresponding  live  load,  pounds  per  sq.  foot. 

12  3  4 

40  or  under 72  103  155  194 

50 63  93  140  175 

60 59  84  126  158 

70 53  76  11-4  143 

80 48  69  104  130 

90 46  64              96  120 

100 41  58             87  109 

110 37  53             80  100 

120 34  49              74              93 

130 31  44              66             81 

140 29  41              62             78 

150   or  over 27  39             59             74 

The  five  loads  on  floors,  for  dwellings,  apartment  houses,  dormatories,  hos- 
pitals, and  hotels,  shall  be  given  In  Column  One  of  Table  Number  Eleven.  For 
school-rooms,  churches,  offices,  theater  galleries,  use  Column  Two  of  Table  Num- 
ber Eleven.  For  ground  floors  of  office  buildings,  corridors  and  stairs  in  public 
buildings,  ordinary  stores,  light  manufacturing  establishments,  stables,  and  gar- 
ages, use  Column  Three.  Table  Number  Two.  For  assembly  rooms,  main  floors  of 
theaters,  ballrooms,  gymnasiums,  or  any  room  likely  to  be  used  for  dancing  or 
drilling,  use  Column  Four.  Table  Number  Two.  For  sidewalks,  three  hundred 
pounds  per  square  foot.  For  warehouses,  factories,  special  according  to  services, 
but  not  less  than  Column  Four  of  Table  Number  Two.  For  columns  the  specified 
uniform  live  loads  per  square  foot  shall  be  used,  with  minimum  of  twenty  thou- 
sand pounds  per  coUinin.  For  columns  carrying  more  than  five  floors,  the  live 
loads  may  be  reduced  as  follows:  For  columns  su|)portlng  the  roof  and  top  floor, 
no  reduction.  For  columns  supporting  each  succeeding  floor,  a  reduction  of  five 
per  cent  of  the  total  live  load  may  be  made  until  fifty  per  cent  is  reached,  which 
reduced  live  load  shall  be  used  for  the  columns  supporting  all  remaining  floors. 
This  reduction  is  not  to  apply  to  live  load  on  column  of  warehouses,  and  similar 
buildings  which  are  likely  to  be  fully  loaded  on  all  floors  at  the  same  time.  The 
method  used  in  computing  the  stresses  shall  be  such  that  the  resultant  unit  stresses 
shall  not  exceed  the  prescribed  unit  stresses  as  computed  on  the  following  assump- 
tions: First,  that  a  plane  section  normal  to  the  neutral  axis  remains  such  during 
flexure,  from  which  it  follows  that  the  deformation  in  any  flber  is  directly  propor- 
tionate to  the  distance  of  that  flber  from  the  neutral  axis.  Second,  that  the  modu- 
lus of  elasticity  remains  constant  within  the  limits  of  the  working  stresses  fixed  in 
these  regulations  and  Is  as  follows:  Steel,  thirty  million  pounds  per  square  Inch; 
burnt  clay  concrete,  one  million  five  hundred  thousand  pf)unds  per  square  inch. 
All  other  concrete,  two  million  pounds  per  square  Inch.  Third,  that  concrete  does 
not  take  tension,  except  that  In  Door  slabs,  secondary  tension  Induced  by  internal 
shearing  stresses  may  be  assumed  to  exist.  Section  Two  Hundred  and  Two,  unit 
stresses.  The  allowable  unit  stresses  under  a  working  load  shall  not  exceed  the 
following: 

Burnt  Clay  Concrete — Direct  compression,  300  pounds  per  square  inch;  cross 
bending,  400  pounds  per  square  Inch:  direct  shearing,  150  pounds  per  square  inch; 
shearing  where  secondary  tension  Is  allowed,  15  pounds  per  square  Inch. 

.Ml  Other  Concretes — Direot  compression,  .">00  pounds  per  square  Inch:  cross 
bending,  800  pounds  per  square  Inch:  direct  shearing.  300  pounds  per  square  Incb; 
shearing  where  secondary  tension  Is  allowed.  25  pounds  per  square  Inch. 


1138  APPKNDIX  TO  UKVISKD  CODE. 

CHAP.  I,  ART.  IV.  nnr.DiNG  code. 

STEEL. 

Medium  steel.     Hi.gh  elastic  limit  steel. 
Tension 14,000  liO.OOO 

The  compression  in  the  steel  shall  be  computed  from  the  corresponding  com- 
pression iu  the  concrete,  except  for  hooped  columns.  The  bonding  .stress  between 
steel  and  concrete  under  working  load  shall  not  exceed  the  following  for  plain  steel: 
For  medium  steel,  iifty  pounds  per  superficial  square  inch  of  contract.  For  high 
elastic  limit  steel,  thirty  pounds  superficial  square  inch  of  contract.  For  bars  of 
such  shape  throughout  their  length  that  their  efficiency  of  bond  does  not  depend 
upon  the  adhesion  of  concrete  to  steel,  the  allowable  bonding  stress  under  worlvin.s; 
load  shall  be  determined  as  follows:  The  bars  shall  be  imbedded  not  less  than  six 
Inches  in  concrete  as  herein  defined,  and  the  force  required  to  pull  out  the  ijar 
shall  be  ascertained.  At  least  five  such  tests  shall  be  made  for  each  size  of  bar,  and 
the  affidavit  report  of  the  test  shall  be  submitted  to  the  Commissioner  of  Public 
Buildings,  who  shall  then  fix  one-fourth  of  the  average  stress  thus  ascertained  at 
failure  as  the  allowable  worlcing  stress.  The  unsupported  length  of  a  column  shall 
not  exceed  fifteen  times  its  least  lateral  dimension.  In  a  column  subjected  to  com- 
bine direct  compression  and  flexure,  the  extreme  fiber  stress  resulting  from  these 
combined  actions  shall  not  exceed  the  unit  stress  prescribed  for  direct  compression. 
All  columns  shajl  have  longitudinal  steel  members  so  arranged  as  to  malce  the 
column  capable  of  resisting  flexure.  These  longitudinal  members  shall  be  stayed 
against  buckling  at  points  whose  distance  apart  does  not  exceed  twenty  times  the 
least  lateral  dimension  of  the  longitudinal  member.  In  no  case  shall  the  combined 
area  of  cross  section  of  these  longitudinal  members  be  less  than  one  per  cent  of  tlie 
area  of  the  concrete  used  in  proportioning  the  column,  and  the  stays  shall  have  a 
minimum  cross  section  of  three  one-hundredths  of  a  square  incii.  If  a  concrete 
column  is  liooped  with  steel  near  its  outer  surface  either  in  tlie  shape  of  circular 
hoops,  or  of  a  helical  cylinder,  and  if  the  minimum  distance  apart  of  the  hoops  or 
the  pitch  of  the  helix  does  not  exceed  one-tenth  the  diameter  of  the  column,  tlien 
the  strengtli  of  such  column  may  be  assumed  to  be  the  sum  of  the  following  three 
elements:  First,  the  compressive  resistance  of  the  concrete  when  stressed  not  to 
exceed  five  hundred  pounds  per  square  inch,  for  the  concrete  inclosed  by  the  hoop- 
ing, the  remainder  being  neglected.  Second,  the  compressive  resistance  of  the 
longitudinal  steel  re-enforcement  when  stress  does  not  exceed  allowable  working 
stress  for  steel  in  tension.  Third,  the  compression  resistance  which  would  have 
been  produced  by  imaginary  longitudinals  stressed  the  same  as  the  actual  longi 
tudinals.  the  volume  of  the  imaginary  longitudinals  being  taken  at  two  and  four- 
tenths  times  the  volume  of  the  hooping.  In  computing  the  volume  of  the  hooping 
it  shall  be  assumed  that  the  section  of  the  hooping  throughout  is  the  samfe  as  its 
least  section.  If  the  hooping  is  spliced,  the  splice  shall  develop  the  full  strength 
of  the  least  section  of  the  hooping.  The  minimum  covering  of  concrete  over  any 
portion  of  the  re-enforcing  steel  shall  be  as  follows:  For  Hat  slabs,  not  less  than 
one  inch:  for  beams,  girders,  ribs,  etc.,  not  less  than  one  and  one-half  inches;  for 
columns,  not  less  than  two  inches.  In  computing  the  strength  of  columns,  other 
than  hooped  columns,  the  outside  one  incli  around  the  entire  column  shall  be  neg- 
lected. For  fiat  slabs  continuous  over  two  or  more  supports  and  uni,formly  loaded, 
the  bending  moment  may  be  taken  as  W.  L.  divided  by  twelve,  in  which  W.  equals 
total  loads  on  the  span  and  L.  the  center  to  center  distance  between  supports. 
Beams  continuous  over  supports  shall  be  re-enforced  to  take  the  full  negative- 
bending  moment  over  the  supports,  but  shall  be  computed  as  noncontinuous  beams. 
The  minimum  distance  center  to  center  of  re-enforcing  steel  members  shall  not  be 
less  than  the  maximum  diameter  or  diagonal  dimension  of  cross  section  plus  twit 
inches.  The  designing  "T"  beams  the  width  of  floor  slab,  which  may  be  assumed 
to  act  as  compression  flange  of  the  beam,  shall  not  exceed  one-fourth  of  the  span 
of  the  beam,  but  in  no  case  shall  it  exceed  the  distance  center  to  center  of  beams. 
If  it  is  necessary  to  splice  steel  re-enforcing  members  either  in  compression  or 
tension,  the  splice  shall  be  either  a  steel  splice  that  in  tension  will  develop  the 
full  strength  of  the  member,  or  else  the  members  shall  be  lapped  in  the  concrete 
for  a  length  equal  to  at  least  the  following:  For  plain  bars  of  medium  steel,  forty 
times  the  diameter  or  maximum  diagonal  of  cross  section.  For  plain  bars  of  high 
elastic  limit  steel,  seventy  times  the  diameter  or  maximum  diagonal  of  cross  section. 
For  other  than  plain  bars,  the  length  of  lap  shall  be  in  inverse  ratio  to  the  ratio 
of  the  allowed  bonding  stresses  as  herein  required.  In  no  case,  however,  shall  the 
steel  re-enforcement  in  a  beam  or  girder  be  lap  spliced. 

Approved  Aiiril  1st.  1907. 


APl'isNI 'IN   ■>■  ■   I    1  \  i<i| .  .  ••  .UK.  Ii;i9 

I'llAlV    VI.  I'lni-:  niCPARTMKNT. 

CHAPTHR  Vl. 

FIRK  DKPARTMKNT 

(OKDINAXJ'K   i;i»KOl».) 

Kin-  l>c|iiiriiiii'iii. — An  oiiliiiiiiirc  lo  r»'|i>'al  Ordinance  Xiimbei-  22278.  ap- 
proved Marth  .'i.  Hmk;  [  K.  C.  sets.  L'S'i,  2S7  1.  and  lo  enact  a  new  ordinance  in  lieu 
thereof,  in  relation  to  the  Fire  department. 

Be  it  Ordained  by  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  follows: 

Section  One.  Ordinance  Number  22278.  approved  March  .'p.  1900,  is  hereli.v 
repealed,  and  the  following  new  sections  are  hereby  enacted  in  Hen  thereof:  to  be 
known  as  Sections  296  and  298,  respectively.      fR.  C.  sees.  285,  2S7.] 

Section  296.  The  Fire  Department  shall  consist  of  a  Chief,  one  First  Assist- 
ant Chief  and  eleven  District  Assistants,  one  Secretary,  one  Assistant  Secretary. 
</ne  Master  Mechanic,  two  Hostlers,  for  Horse  Hosiutal.  and  such  num- 
bers of  KuBineers.  Captains,  men  and  employes  as  are  lierein  provided. 
Each  company  located  in  the  district  bounded  south  by  Park  avenue,  north  by 
Howard  street,  west  by  Jefferson  avenue  and  east  by  the  river  shall  consist  of  one 
Captain,  one  Lieutenant  and  one  Kngineer.  one  Fireman,  two  Drivers  and  six  Pipe- 
men.  Each  comiiany  located  in  any  of  the  territory  not  included  in  the  district 
above  bounded  shall  consist  of  one  Captain,  one  Lieutenant,  one  Engineer,  one 
Fireman,  two  Drivers  and  three  Pipemen.  .-Vll  Hook  and  Ladder  companies  in  the 
district  bounded  above  shall  consist  of  one  Captain,  one  Lieutenant,  one  Driver  and 
eight  men,  and  all  hook  and  ladder  companies  outside  of  said  district  shall  consist 
of  one  Captain,  one  Lieutenant,  one  Driver  and  seven  men.  There  shall  be  one 
Watchman  for  each  engine  bouse  in  the  city,  and  whenever  there  are  double  or 
adjoining  houses  used  by  the  department,  the  Watchman's  duty  shall  extend  there- 
to. The  Watchmen  shall  be  disabled  or  old  firemen,  if  there  be  such  in  the  depart- 
ment. There  shall  be  two  Firemen  in  the  service  of  the  Fire  Department,  to  be 
stationed  at  each  of  the  following  institutions;  City  Hosi)ital.  Emergency  Hospital 
Number  Two.  Insane  Asylum.  Poorhouse,  Hospital  for  Females  and  St.  Louis  In- 
dustrial School.  One  of  the  two  men  so  designated  and  stationed  at  each  of  said 
Institutions  shall  be  on  duty  during  the  day  and  the  other  during  the  night,  so 
that  one  man  shall  he  on  duty  at  all  times.  There  shall  be  two  men  to  each  fuel 
wagon  necessary.  The  .Master  Mechanic  shall  have  at  least  three  years'  experience 
in  the  St.  Louis  Fire  Department,  and  shall  have  been  a  resident  of  the  city  at 
least  five  years,  and  shall  be  a  licensed  engineer  of  the  city  and  a  practical  me- 
chanic. The  .Master  .Mechanic  shall  have  charge  of  the  repairs  of  all  apparatus  of 
the  Department,  and  shall  see  that  same  is  kept  in  perfect  order. 

Section  Two  Hundred  and  Ninety-eight.  The  First  Assistant  Chief  shall  re- 
ceive as  lull  compensation  for  his  services  the  sum  of  One  Hundred  and  Seventy- 
five  Dollars  per  month.  The  eleven  other  assistants  shall  receive  for  their  services 
the  sum  of  One  Hundred  and  Sixty-six  Dollars  and  Sixty-six  Cents  per  month,  and 
all  other  assistants  shall  have  at  least  three  years'  experience  in  the  St.  Louis  Fire 
Department,  and  have  been  a  resident  of  the  city  for  at  least  five  years.  The  Sec- 
retary shall  receive  as  full  compensation  for  his  services  the  sum  of  One  Hundred 
and  Fifty  Dollars  per  month.  The  .Assistant  Secretary  shall  receive  as  full  compen- 
sation for  his  ser\ices  the  sum  of  One  Hundred  and  Fifteen  Dollars  per  month. 
The  Master  Mechanic  shall  receive  as  full  compensation  for  his  services  the  sum 
of  One  Hundred  and  Sixty-six  Dollars  and  Sixty-six  Cents  per  month.  Captains  o( 
each  company  shall  receive  as  full  compensation  for  their  services  the  sum  of  One 
Hundred  and  Fifteen  Dollars  per  month.  Lieutenants  of  each  company  shall  re- 
ceive as  full  compensation  for  their  services  the  sum  of  One  Hundred  and  Five 
Dollars  per  nuuith.  Engineers  shall  receive  as  full  compensation  for  their  services 
the  sum  of  One  Hundred  and  Ten  Dollars  per  month.  All  other  I'nembers  of  the 
Department,  except  Hospital  Firemen.  Watchmi^n  and  Hostlers,  shall  receive  as 
full  compensation  for  their  services  the  sum  of  Nin«-ty-flve  Dollars  per  month,  pro- 
vided, however,  that  new  men  appointed  to  the  department  shall,  for  the  first  six 
months'  service,  receive  Seventy  Dollars  per  month,  and  for  the  second  six  months 
Eighty  Dollars  per  month.  Hospital  f'iremen  shall  rece|v<>  as  full  compensation  for 
their  services  the  sum  of  Eighty  Dollars  per  month. 

Watchmen  shall  receive  as  full  compensation  for  their  services  the  sum  of 
Eighty  Dollars  per  month,  provided,  however,  that  Watchmen  shall  be  selected 
from  disabled  men.  or  others  who  have  served  on  the  departnn-ni,  1(  such  can  be 


1140  APPENDIX  TO  REVISED  CODE. 

CHAP.     X-XI.  HARBOR     AND     WHARF — HEALTH     DEPARTMENT. 

found,  and  as  to  those  appointed  Watchmen  without  such  experience  the  monthly 
salary  shall  be  Sixty  Dollars.  Hostlers  shall  receive  as  full  compensation  for  their 
services  the  sum  of  Sixty  Dollars  per  mouth. 

Section  Two.     This  ordinance  becomes  effective  on  and  after  May  first.  Nine- 
teen Hundred  and  Seven. 

Approved  February  IS,   1907. 


CHAPTER  X. 

HARBOR  AND  WHARF   DEPARTMENT. 

ARTICLE  I. 

REGULATIONS  AND  OFFENSES. 

(OKDINANCE   22739.) 

An  ordinance  to  amend  Chapter  Ten,  Article  One,  of  the  Municipal  Code,  by 

adding  thereto  a  new  section,  to  be  known  as  Section  372A.      [R.  C,  sec.  366a.] 

Be  it  Ordained  by  the  Municipal  Assembly  of  the  City  of  St.  Lotiis.  as  follows: 

Section  One.  Chapter  Ten,  of  Article  One,  of  the  Municipal  Code,  is  hereby 
amended  by  adding  thereto  a  new  section  to  be  known  as  Section  Three  Hundred 
and  Seventy-two  A,  as  follows: 

Section  Three  Hundred  and  Seventy-two  A.  Any  person  who  shall  steal,  take 
or  drive  away  from  any  stable,  garage  or  shelter  any  wagon  or  automobile  or  other 
vehicle  not  his  own  property,  without  the  consent  or  order  of  the  owner  thereof, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  fined 
not  less  than  ten  nor  more  than  one  hundred  dollars. 

Approved  February  5th,  1907. 


CHAPTER  XI. 

HEALTH  DEPARTMENT. 

ARTICLE  III. 

OF   CITY   BACTERIOLOGIST.     ■ 

I  (ORDINANCE   22810.) 

Assistants  to  City  Bacteriologist. — An  ordinance  authorizing  the  appointment 
of  two  laboratory  assistants  in  the  office  of  the  City  Bacteriologist.  [R.  C,  sec. 
475a.] 

Be  it  Ordained  by  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  follows: 

Section  One.  The  Health  Commissioner  is  hereby  authorized  to  appoint,  by 
and  with  the  approval  of  the  Board  of  Health,  two  laboratory  assistants  in  the 
office  of  the  City  Bacteriologist. 

Section  Two.  The  compensation  of  these  laboratory  assistants  shall  be  at  the 
rate  of  Fifty  Dollars  per  month;  their  duties  shall  be  prescribed  by  the  City  Bac- 
teriologist. 

Section  "three.  These  laboratory  assistants  may  be  suspended  by  the  City  Bacteri- 
ologist for  neglect  of  duty  or  violation  of  the  rules,  and  when  the  City  Bacteriolo- 
gist shall  suspend  either  of  said  parties  he  shall  report  at  once  the  facts  to  the 
Health  Commissioner,  who  may  take  such  action  as  he  may  deem  proper. 

Section  Four.  The  salaries  of  the  persons  provided  for  in  this  ordinance  are 
to  be  paid  out  of  the  funds  appropriated  for  "Salaries  in  the  office  of  the  City 
Bacteriologist." 

Approved  February  IS.  1907. 


APPENDIX  TO  RBVISEaj  CODE.  1141 

CHAP.  XI.  HEALTH  DEPARTMENT. 

SnodKra.s  liuhorulory. — An  ordinance  authorizing  the  establishment  of  the 
SDodgras  Laboratory  of  Pathology  and  Bacteriology  on  the  property  of  the  City 
of  St.  Louis,  in  City  Ulqck  Twelve  Hundred  and  Fifty-two,  and  adjoining  the  City 
Hospital,  and  making  appropriations  tor  the  equipment  of  the  same. 

Be  it  Ordained  by  Ihe  Municipal  Assembly  of  the  City  of  St.  Louis,  as  follows: 

Section  1.  The  building  lately  erected  on  the  south  side  of  Carroll  street  in 
City  niock  Twelve  Hundred  and  Fifty-two,  and  connected  with  the  City  Hospital, 
shall  be  known  and  designated  as  the  "Snodgras  Laboratory  of  Pathology  and 
Bacteriology,"  and  the  City  Bacteriologist  shall  maintain  his  laboratory  and  carry 
on  his  work  In  this  building. 

Sec.  2.  For  the  purpose  of  thoroughly  equipping  and  furnishing  the  Snodgras 
Laboratory  of  Pathology  and  Bacteriology,  there  is  hereby  appropriated  and  set 
apart  out  of  Municipal  Revenue,  for  the  purchase  of  Microscopes  and  Accessory 
Apparatus.  Chemical  Apparatus,  Instruments,  Library  and  Museum,  .\utopsy  Room 
Equipment,  Chemicals  and  Supplies,  and  Furniture,  the  sum  of  fifteen  thousand 
dollars. 

Sec.  3.  All  requisitions  for  purchase  for  the  Snodgras  Laboratory  of  Path- 
ology and  Bacteriology  shall  be  made  by  the  City  Bacteriologist  and  approved  by 
the  Health  Commissioner. 

Approved  October  2,  1906. 

ARTICLE  XIII. 

OF  DEAD  AN1.\I.\LS,  OF  GARBAGE  AND  OFFAL. 

(OIJIHNAN'CE   i;_'.-.S(i.) 

I>j>p(>>ial  of  Dead  .Viiininls. — An  ordinance  to  amend  sections  665,  [R.  C,  sec. 
670).  litiO  [R.  C.  sec.  677],  and  673  [R.  C  sec.  684],  of  "The  Municipal  Code  of 
St.  Louis,"  in  relation  to  the  disposal  of  dead  animals. 

Be  it  Ordained  by  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  follows: 

Section  1.  Sections  66,t  [R.  C,  sec.  676].  666  [R.  C,  sec.  677],  and  673 
[Ft.  C.  sec.  684],  of  "The  .Municipal  Code  of  St.  Louis"  are  hereby  amended  by 
striking  out  ^aid  sections  and  substituting  and  inserting  in  lieu  thereof  new  sections 
to  be  known  by  the  same  numbers,  so  that  the  sections  as  amended  shall  read  as 
follows: 

Sec.  665.  It  shall  be  the  duty  of  all  agents  and  employes  of  the  Board  of 
Health  or  of  the  Street  Department,  and  of  all  policemen,  to  report  to  the  depart- 
ment having  charge  or  control  of  the  matter  any  carcass  or  remains  of  any  dead 
animal  which  they  may  find  or  of  the  existence  of  which  within  the  city  limits  they 
may  be  Informed,  as  soon  as  may  be.  and  within  three  hours  after  such  fact  shall 
come  to  their  knowledge,  and  such  department  shall  enter  such  report  In  a  book 
to  be  kept  for  that  purpose,  and  designate  therein  the  locality,  as  near  as  the  same 
can  be  ascertained,  where  such  carcass  or  remains  may  be,  and  also  the  lime  when 
reported. 

Sec.  666.  The  aforesaid  book  shall  at  all  times  be  open  to  the  Inspection  of 
the  |)ubllc.  and  any  person  may  report  the  existence  of  any  carcass  or  reniaius  of 
dead  animals  within  the  city  limits  to  such  department  having  control  of  the  re- 
moval thereof:  or  the  same  may  be  reported  to  any  policeman,  or  at  any  police 
station  to  the  person  In  charge  thereof,  who  shall  Immediately,  or  as  soon  as  may 
be,  report  the  same  to  the  said  department  In  charge  or  control  of  the  removal 
thereof,  which  shall  take  immediate  measures  to  effectuate  such  removal. 

Sec.  673.  The  carcass  of  all  dead  animals  lying  on  the  streets,  alleys  or  pub- 
lic places  of  St.  Louis,  or  on  private  premises  therein,  and  not  slain  for  human  food, 
and  not  removed  by  the  owner  or  other  person  entitled  thereto  within  six  hoiir.s 
or  daylight  lime  after  the  death  of  such  animals,  are  hereby  declared  to  be  nui- 
sances, and  shall  be  removed  and  disposed  of  as  hereinafter  provided. 

Approved  October  12.   If'"': 


]142  ai'I'i:ni  iix  to  kkxisf.h  code. 

CHAP.   XI.  IIEAl.TH    DEPARTMKNT. 

ARTICLK   XV.  ■ 

OF  REGULATIONS  COXCERNINC,  MKDICIXE  AN'D  SURGERY  AND  MIDWIFERY 

(OUniXANt'E   2;J<>01.) 

An  ordinance  to  amend  Section  Number  738  of  Article  Fifteen.  Chapter  Eleven 
of  the  Municipal  Code  of  St.  Louis  [R.  C,  sec.  715],  by  striking  out  the  word 
"forty"  in  the  eighth  line  of  said  section  and  inserting  in  lieu  thereof  the  word 
'Seventy-five." 

Be  it  Ordained  hy  the  Miiiiicipal  Assembly  of  the  City  of  St.  Louie,  as  foUoivs: 

Sec.  1.  Section  Number  738  of  Article  Fifteen.  Chapter  Eleven,  of  the  Mu- 
nicipal Code  of  St.  Louis,  is  hereby  amended  by  striking  out  the  word  "forty"  in 
the  eighth  line  thereof,  and  in.serting  in  lieu  thereof  the  word  "seventy-five,"  so  that 
said  Section  Number  73S  will  read  as  follows: 

Sec.  73  8.  [R.  C  sec.  715..] — Xiir.scs — Hiile.s  of  selection  of. — All  nurses  em- 
ployed by  the  city  may,  to  the  extent  that  the  institution  will  supply  the  same,  be 
selected  from  the  pupils  of  the  St.  Louis  Training  School.  They  shall  be  paid  in 
monthly  installments,  the  amount  now  sjiecified  by  ordinance  for  corresponding 
positions.  A  residence  in  the  city  for  two  years  shall  not  be  necessary  to  entitle 
one  to  appointment  under  this  and  the  next  jireceding  section.  One  selected  from 
said  institution  shall  be  called  superintendent  of  nurses,  and  shall  be  paid  seventy- 
five  dollars  per  month,  and  the  duties  of  the  position  shall  be  defined  by  rules  and 
regulations  prepared  by  the  Health  Commissioner  and  approved  by  the  Board  of 
Health.  All  appointments  under  this  article  shall  be  made  by  the  Health  Commis- 
sioner and  approved  by  the  Board  of  Health. 

Approved  Aiiril  1.  1907. 

(ORDIXANCK   -22998.) 

It<'gulation  of  rrivuto  Hospitals,  Iiyiii<>-In  Institutes,  Foundling  Establish- 
ments, etc. — "An  ordinance  to  regulate  hospitals,  sanitariums,  lying-in  establish- 
ments, lock  hospital.s,  homes,  retreats  or  other  places,  or  institutions  intended  for 
the  boarding,  lodging,  nursing  or  care  of  the  sick,  or  such  persons  as  are  suffering 
from  or  afflicted  with  bodily  or  mental  infirmities  or  ailments  of  any  kind  what- 
soever, or  pregnant  women,  or  institutions  for  the  care  of  orphans,  vagrant  or  des- 
titute children,  foundling  homes,  or  dispensaries,  and  prescribing  penalties  for  the 
violation  thereof,  and  authorizing  the  Board  of  Health  to  make  rules  and  regula- 
tions in  reference  thereto." 

Be  it  Ordained  by  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  folloios: 

Section  1.  From  and  after  the  passage  and  approval  of  this  ordinance,  no 
person  shall  establish,  maintain,  operate  or  conduct  a  hospital,  sanitarium,  lying-in 
establishment,  lock  hospital,  home,  retreat,  or  other  place  or  institution  intended 
for  the  boarding,  lodging,  nursing  or  care  of  the  sick  or  such  persons  as  are  suffer- 
ing from  or  afflicted  with  bodily  or  mental  infirmities  or  ailments  of  any  kind 
whatsoever,  or  pregnant  women,  or  any  institution  for  the  care  of  orphans,  vagrant 
or  destitute  children,  a  foundling  home  or  a  dispensary,  within  the  limits  of  the 
City  of  St.  Louis,  without  first  having  obtained  a  permit  to  do  so  from  the  Board 
ot  Health,  as  in  this  ordinance  provided.  The  word  "person,"  as  used  in  this  ordi- 
nance, shall  include  the  members  of  any  firm  or  partnershi|),  a  corporation,  and 
any  or  all  of  the  officers,  managers  or  lioard  of  directors  of  such  corporation. 

Sec.  '2.  Any  person  who  may  desire  to  establish,  maintain,  operate  or  conduct 
a  hospital,  sanitarium,  lying-in  establishment,  lock  hospital,  home,  re- 
treat, or  other  place  or  like  or  similar  institution  intended  for  the 
boarding.  Icdging.  nursin.g  cr  care  of  the  sick  or  such  persons  as 
are  suffering  from  or  afflicted  with  bodily  or  mental  infirmities  or  ailments  of  any 
kind  whatsoever,  or  jjregnant  women,  or  an  institution  for  the  care  of  orphans, 
vagrant  or  destitute  children,  a  foundling  home  or  dispensary,  in  the  City  of  St. 
Louis,  from  and  after  the  passage  and  approval  of  this  ordinance  shall  first  file  a 
written  application,  addressed  to  the  Board  of  Health,  requesting  said  lioard  to 
grant  to  the  a|)plicant  therein  named  permission  and  authority  to  establish,  main- 
tain, operate  and  conduct  the  kind  of  institution  therein  described,  which  ap!)lica- 
tion   shall   contain   the   following   information:      First,   the  name  or  names  of  any 


AI'IM;.\I>I.\  T(i  ukviskk  <'(>i>i:.  im;; 

<HAi-.  XI.  iii:.\i.Tii  i)i:i'.\I!t.\ii;nt. 

and  all  persons  whu  arc  lo  coniriil,  oiiei'iiU-  or  niunuge  snch  instittition,  hulndinK 
ihe  nuitron.  suinMinlemlent.  resident  physician  or  snrgeon,  medical  staff.  liiclndlnK 
any  and  all  physicians  or  snrgeons  wlio  arc*  in  any  manner  oonnecled  or  Idt-ntined 
with  snch  institution:  also  the  names  of  any  midwives  attached  to  or  connected 
with  the  institution,  and  if  a  coriioration.  then  also  the  names  of  the  ofllcers  and 
board  of  directors  thereof.  Second,  the  location  of  Ihe  |)roposed  institution  and 
the  name-  under  which  said  Institution  will  be  operated  or  conducted.  Third,  the 
size  and  dimensions  of  the  bnildiiiK  or  bulldinRS.  and  the  number  of  rooms  in  such 
building.  Fourth,  the  maximum  number  of  patients  that  the  institution  can  prop- 
erly accommodate.  Fifth,  whether  any  business  Is  or  will  be  conducted  or  operated 
in  the  same  building  or  buildings  or  on  the  same  premises,  and  if  so,  what  other 
business.  Sixth,  a  written  statement  from  eacli  member  of  the  medical  staff,  the 
resident  physician  or  surgeon.  sui)eriulendeiu  and  matron,  cerlifying  thai  he  or 
she  will  serve  on  the  staff  of  said  institution  as  staled  by  Ihe  applicant  in  Ihe  appli- 
cation for  such  permit. 

Sec.  3.  Fpon  the  filing  of  such  application  the  Mealth  Commissioner  shall 
cause  the  building  or  buildings,  and  premises,  to  be  thoroughly  examined  and  in- 
spected, but  no  building  shall  be  used  for  any  of  the  purposes  herein  specified 
which  does  not.  among  other  things,  conform  to  the  following  requirements:  Every 
room,  including  water  closet  conipartmenls  and  bathrooms,  shall  have  at  least  one 
window  opening  directly  upon  the  street  or  upon  an  areaway,  a  yard  or  court;  the 
total  area  of  the  windows  in  such  room  shall  be  at  least  one-eighth  of  Ihe  snper- 
Jldal  area  of  the  room,  and  one-half  of  the  sash  shall  be  made  to  open  full  width. 
If,  as  a  result  of  such  examination,  it  shall  be  found  that  the  building  or  buildings 
and  premises  conform  lo  the  requiiemeiits  of  this  ordinance  and  the  Mealth  Com- 
missioner shall  be  of  opinion  that  the  liuilJling  or  buildings  and  premises  are  In  all 
other  respects  in  a  sanitary  condition,  that  the  statements  made  in  the  application 
for  a  permit  are  true  and  that  the  ai)plicanl  is  a  person  of  good  character,  he  shall 
refer  such  application  to  the  Hoard  of  Health  for  its  action,  with  his  reiioit  and  in- 
dorsement thereon. 

Sec.  4.  In  all  cases  in  which  the  Hoard  .of  Health  shall  act  favorably  upon 
any  application,  it  shall  issue  a  iiermit  authorizing  the  person  named  therein  to 
establish,  maintain  or  conduct  an  institution  of  the  kind  described  in  the  applica- 
tion fol-  such  permit,  under  the  name  and  at  the  place  designated  in  such  applica- 
tion, for  the  period  of  one  year  from  the  date  thereof,  which  permit  shall  be  sub- 
ject to  revocation  by  the  Hoard  of  Health  at  any  time  for  any  of  the  causes  herein 
specified.  Said  permit  shall  not  be  transferred  by  the  person  to  whom  it  is  issued 
without  the  consent  and  approval  in  writing  of  the  Hoard  of  Health,  and  any  trans- 
fer or  attempted  transfer  thereof,  or  any  change  in  the  name  of  such  insiitiitlon. 
or  change  In  the  management  or  managers  of  such  institution,  or  the  location  of 
such  institution  without  the  approval  of  the  Hoard  of  Health  In  writing,  shall 
render  such  permit  absolutely  void  and  cause  the  immediate  forfeiture  of  such 
permit  and  of  all  rights  thereunder  to  establish,  maintain,  operate  or  conduct  any 
such  institution  within  the  limits  of  the  City  of  St.  Louis.  Every  person  who  se- 
cures a  permit  from  the  Hoard  of  Health  to  establish,  maintain,  operate  or  conduct 
any  institution  described  In  this  ordinance  shall  immediately  notify  the  Health 
Commissioner  of  any  change  In  the  medical  staff,  resident  physician  or  surgeon, 
superintendent,  midwives  or  matron,  attached  to  or  connected  with  such  institution. 

Sec.  5.  Any  and  all  hospitals,  sanitariums,  lying-in  establishments,  lock  hos- 
pitals, homes,  retreats  or  other  places,  or  like  or  similar  Institutions,  Intended  for 
the  boarding,  lodging,  nursing  or  care  of  the  sick,  or  snch  other  persons  as  are 
suffering  from  or  affilcted  with  bodily  or  mental  Infirmities,  or  ailments  of  any 
kind  whatsoever,  or  pregnant  women,  within  the  limits  of  the  City  of  St.  Louis, 
shall  keep  a  physician,  licensed  to  practice  medicine  and  surgery  in  the  State  of 
.Missouri,  and  who  is  actively  engaged  In  the  practice  of  medicine  and  surgery, 
resident  therein. 

Sec.  6.  Any  person  who  shall  establish,  maintain  or  conduct  any  hospital, 
uanltarlum,  lylng-ln  establishment,  lock  hospital,  retreat,  home  or  place,  or  like 
or  similar  Institution  Intended  for  the  boarding,  lodging,  nursing  or  care  of  the 
sick  or  such  persons  as  are  stifTering  from  or  afflicted  with  bodily  or  mental  In- 
firmities or  ailments  of  any  kind  whatsoever,  or  pregnant  women,  or  an  institution 
for  the  care  of  orphans,  vagrant  or  destitute  children,  a  foundling  home,  or  a  dls- 
I>ensary,  in  the  City  of  St.  Louis,  after  the  passage  and  approval  of  this  ordinance 
without  first  having  obtained  a  permit  from  the  Hoard  of  Health  so  to  do;  or  any 
lierson  who  shall  continue  to  maintain,  operate  or  conduct  any  such  Institution  or 
place  after  the  Hoard  of  Health  shall  have  revoked  the  permit  so  to  do  previously 
Issued  lo  such  person;  or  any  person  to  whom  a  permit  shall  have  been  Issued  to 
►•stablish,    maintain,   operate   or  conduct  any  such   Institution,   who  shall   transfer 


1144  APPENDIX  ,TO  REVISED  CODE. 

CHAP.   XI.  HEALTH   DEPARTMENT. 

such  permit  without  first  obtaining  the  approval  of  the  Board  of  Health  in  writing 
therefor;  or  who  shall  allow  any  room  in  the  cellar  or  basement  of  such  institu- 
tion to  be  occupied  by  a  greater  number  of  persons  than  will  afford  less  than  four 
hundred  cubic  feet  of  air  to  each  adult  and  two  hundred  cubic  feet  of  air  to  each 
child  under  twelve  years  of  age  occupying  such  room;  or  who  shall  permit  any  ac- 
cumulation of  dirt,  filth  or  garbage  in  or  about  the  buildings  or  premises  of  such 
institution,  or  who  shall  permit  any  person  to  practice  medicine,  surgery,  or  mid- 
wifery in  such  institution  who  is  not  authorized  by  the  laws  of  the  State  of  Missouri 
so  to  practice;  or  who  shall  establish,  maintain,  operate  or  conduct  any  institution 
named  in  this  ordinance  under  any  ofher  name  or  at  any  other  place  than  as  stated 
in  the  application  for  a  permit  to  establish,  maintain,  operate  or  conduct  such  in- 
stitution, without  the  consent  and  approval  of  the  Board  of  Health  in  writing  there- 
for; or  who  shall  fail  to  immediately  notify  the  Health  Commissioner  of  any  change 
in  the  medical  staff,  resident  physician,  superintendent,  matron  or  midwives  of  any 
such  institution;  or  who  shall  establish,  maintain,  operate  or  conduct  a  hospital, 
sanitarium,  lying-in  establishment,  loci?  hospital,  home,  retreat  or  other  place  or 
like  or  similar  institutions  intended  for  the  boarding,  lodging,  nursing  or  care  of 
the  sick  or  such  persons  as  are  suffering  from  or  afflicted  with  bodily  or  mental 
infirmities  or  ailments  of  any  kind  whatsoever,  or  pregnant  women,  within  the 
limits  of  the  City  of  St.  Louis,  and  shall  fail  to  keep  a  physician,  licensed  to  prac- 
tice medicine  and  surgery  in  the  State  of  Missouri,  and  who  is  actually  engaged  in 
the  practice  of  medicine  and  surgery,  resident  therein,  shall  be  deemed  guilty  of 
a  violation  of  this  ordinance. 

Sec.  7.  Any  person  who  shall  violate  any  of  the  provisions  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  in  a  sum  not  less  than  fifty  dollars  nor  more  than  five  hundred  dollars. 

Sec.  8.  The  Board  of  Health  is  hereby  authorized  to  make  from  time  to  time 
such  rules  and  regulations  in  respect  to  the  management  and  conduct  of  any  insti- 
tution described  in  this  ordinance  and  for  the  care  and  treatment  of  the  patients 
or  inmates  thereof,  as  said  board  may  deem  wise. 

Sec,  9.  For  any  violation  of  any  of  the  provisions  of  this  ordinance  or  for 
any  violation  of  the  laws  of  the  State  of  Missouri,  or  the  ordinances  of  the  City  of 
St.  Louis,  or  for  any  violation  of  any  of  the  rules  and  regulations  which  may  be 
prescribed  from  time  to  time  by  the  Board  of  Health  for  the  conduct  or  manage- 
ment of  any  of  the  institutions  herein  named,  the  Board  of  Health  shall  have  the 
right  to  revoke  any  permit  theretofore  granted  by  it.  provided  said  board  shall 
issue  a  notice  to  the  person  named  in  such  permit,  advising  him  of  the  time  and 
place  of  the  Board's  actions  thereon  and  the  grounds  therefor.  Said  notice  shall 
be  served  at  least  ten  days  prior  to  the  hearing  thereon,  either  by  delivering  a  copy 
thereof  to  the  person  therein  named  or  by  leaving  a  copy  of  such  notice  at  the  in- 
stitution named  in  the  permit  which  the  board  intends  to  investigate. 

Sec.  10.  Every  person  who  is  maintaining,  operating  or  conducting  a  hos- 
pital, sanitarium,  lying-in  establishment,  lock  hospital,  home,  retreat,  or  other 
place,  or  like  or  similar  institution,  intended  for  the  boarding,  lodging,  nursing  or 
care  of  the  sick  or  such  persons  as  are  suffering  from  or  afflicted  with  bodily  or 
mental  infirmities  or  ailments  of  any  kind  whatsoever,  or  pregnant  womt^n.  or  an 
institution  for  the  care  of  orphans,  vagrant  or  destitute  children,  a  foundling  home 
or  a  dispensary,  in  the  City  of  St.  Louis  shall,  within  sixty  days  after  the  passage 
and  approval  of  this  ordinance,  secure  a  permit  from  the  Board  of  Health  in  ac- 
cordance with  the  provisions  of  this  ordinance,  to  maintain,  operate  and  conduct 
sucli  institution  or  place. 

Approved  April   1st,   1907. 

ARTICLE  XVL 

OI<'    CITY    HOSPITAL. 

(ORDINANCE   22035.) 

Nurses  at  City  HospifaL — An  ordinance  authorizing  the  appointment  of  eight 
additional  nurses  at  the  City  HospitaL 

Be  it  Ordained  by  the  Municipal  Assembly  of  the  City  of  St.  Louie,  as  follows: 

Sec.  1.  The  Health  Commissioner,  with  the  approval  of  the  Board  of  Health, 
may  appoint  for  service  in  the  City  Hospital,  under  the  superintendent  of  City 
Hospital  and  the  superintendent  of  nurses,  one  assistant  superintendent  of  nurses, 
one  surgical  operating  nurse,  three  night  supervising  nurses  and  three  day  super- 


.\i-1'i;miix  ti>  HKvisKi"  I'oDi-;.  Ij45 

CHAIV    XII.  OF   HICHWAVS. 

vising  nurses,  each  of  whom  shall  be  graduated  trained  uiirsos,  and  shall  be  paid 
fifty  dollars  per  month,  and  shall  perform  duties  which  shall  be  dellned  by  the 
rules  and  regulations  prepared  by  the  Health  Commissioner  and  approved  by  the 
Board  of  Health;  the  said  salaries  to  be  paid  out  of  the  funds  appropriated  for 
salaries  in  the  Health  Department. —  (a) 

Approved  March  27,  1907. 

(a)      See  note  to  sec.   715  of  Revised  Code. 

CHAPTKK   .\ll. 

OF  HIGHWAYS. 

ARTICLE  II. 

CONSTRUCTION    AND    PKKVKNTING    OHSTRICTIONS. 

(OKIilN.WCl-:   l.*-_'KK.-.. ) 

Temptirnry  Occupation  of  Streets,  etc. — An  ordinance  to  amend  the  third  para- 
graph of  Section  .Number  92.t  of  the  .Municipal  Code  of  St.  Louis,  as  amended  by 
Ordinance  .Number  :;Ki94  [R.  C,  sec.  928],  In  relation  to  the  occupancy  of  streets 
and  sidewalks  with   building  materials. 

Hf  it  Ordained  by  the  Muniiipal  Assembli/  of  the  City  of  St.  Louis,  as  follows: 

Section  1.  Section  925  of  the  Municipal  Code  of  St.  Louis,  as  amended  by 
Ordinance  Number  21394.  is  hereby  amended  by  striking  out  said  section  and  sub- 
stituting and  Inserting  a  new  section.  In  lieu  thereof,  to  be  known  by  the  same  num- 
ber, so  that  said  section,  as  amended,  shall  read  as  follows: 

Sec.  925.  [R.  C,  sec.  928.]  Any  person,  firm  or  corporation,  desiring  to 
temporarily  occupy  any  portion  of  any  public  street,  alley  or  sidewalk,  for  the  pur- 
pose of  placing  thereon  materials  or  rubbish,  from  building  operations  or  for  exca- 
vation for  any  area  under  a  sidewalk,  or  for  any  puri)ose  whatever  in  connection 
with  the  erection,  removal,  alteration  or  repair  of  any  building  or  other  structure, 
shall  apply  to  the  Street  Commissioner  for  a  permit  for  the  temporary  occupation 
aforesaid,  and  it  shall  be  unlawful  to  occupy  or  obstruct  any  street,  alley  or  side- 
walk as  aforesaid  without  a  permit  from  the  Street  Commissioner,  which  permit 
shall  only  be  issued  by  the  Street  Commissioner,  upon  the  presentation  of  a  build- 
ing permit  from  the  Commissioner  of  Public  Buildings,  authorizing  the  work  which 
is  to  be  done,  and  the  City  Treasurer's  receipt  that  the  applicant  has  deposited  with 
the  City  Treasurer  the  sum  of  fifty  dollars,  without  regard  to  the  number  of  per- 
mits, as  a  special  fund,  to  be  used  by  the  Street  Commissioner,  to  defray  expenses 
by  reason  of  a  failure  of  the  person,  Urm  or  corporation  to  whom  the  permit  may  be 
issued,  to  keep  said  streets,  alleys  and  sidewalks  adjacent  to  the  premises  whereon 
said  building  operations  are  carried  on,  in  a  clean  and  orderly  condition  during  the 
time  for  which  permission  for  said  temporary  occupation  Is  asked;  and  it  is  hereby 
made  the  duly  of  any  person,  firm  or  cor|)oratlon  carrying  on  any  building  opera- 
tions to  keep  the  streets,  alleys  and  sidewalks  adjoining  the  premises  whereon  said 
operations  are  conducted,  in  a  clean  and  orderly  condition  during  such  operations, 
and  at  the  expiration  of  the  time  stipulated  in  said  permit,  which  shall  not  exceed 
the  lime  stipulated  In  the  building  permit,  or  whenever  ordered  by  the  Street  Com- 
missioner, the  person,  firm  or  corporation  to  whom  the  permit  may  be  Issued,  shall 
remove  ail  materials  and  rubbish  from  the  streets,  alleys  and  sidewalks  adjoining 
said  premises  and  shall  leave  the  same  in  a  clean  and  orderly  condition.  The  Street 
Commissioner  Is  hereby  authorized  to  clean  the  streets,  alleys  or  sidewalks  adjoin- 
ing any  premises  whereon  building  operations  are  being  carried  on.  whenever  the 
same  may  be  found  in  an  unclean  or  disorderly  condition,  and  he  shall  remove  or 
repile  any  building  materials  or  rubbish  or  obstructions  which  may  be  found  out- 
side of  the  spaces  authorized  by  his  permit  to  be  occupied  thereby,  or  within,  four 
feet  of  any  Ore  plug  or  electric  conduit  manhole,  and  he  shall  Issue  a  voucher  for 
the  payment  of  the  cost  of  such  cleaning  or  removal,  which  shall  be  charged 
against  and  paid  from  the  deposit  hereinbefore  provided. 

Whenever  the  whole  or  part  of  said  deposit  shall  have  been  expended  for  the 
purpose  herein  described,  the  Street  Commissioner  shall  notify  said  person,  flrra 
or  corporation  to  whom  the  permit  may  be  issued  to  pay  so  much  money  Into  the 
City  Treasurer  as  will  bring  the  deposit  again  up  to  the  amount  hereinbefore  re- 


1145  APPENDIX   TO   UKVISED   CODE. 

CHAP.   XII,   AUT     II  HIGHWAYS. 

quired,  and  in  the  event  of  the  failure  of  said  depositor  to  deposit  such  additional 
sum,  said  Street  Commissioner  shall  revoke  said  permit,  and  it  shall  be  unlawful 
to  occupy  any  of  the  aforesaid  streets,  alleys  or  sidewalks  with  materials,  dirt  or 
rubbish  after  the  revocation  of  said  permit  or  to  neglect  or  refuse  to  remove  all 
materials,  dirt  and  rubbish  from  said  streets,  alleys  and  sidewalks  after  having  been 
notified  so  to  do  by  the  Street  Commissioner.  The  extent  of  occupation  of  such 
street,  alley  or  sidewalk,  or  part  thereof  for  which  a  permit  may  be  granted  by  said 
Street  Commissioner  shall  be  as  follows: 

Said  permit  shall  not  authorize  the  occupation  of  any  sidewalk,  street  or  alley, 
or  part  thereof  other  than  that  immediately  in  front  of  or  in  the  rear  of  the  prem- 
ises of  the  building  upon  which  said  permit  is  issued.  During  the  progress  of 
building  operations  at  least  one-third  of  the  sidewalk  in  front  of  the  premises  of  the 
building  for  which  such  permit  is  granted  shall  be  at  all  times  kept  free  and  unob- 
structed for  the  purpose  of  passage  and  clear  of  rubbish,  dirt  and  snow.  Such 
sidewalks  must,  if  there  are  excavations  on  either  side  of  same,  be  protected  by 
substantial  railings,  which  shall  be  built  and  maintained  thereon  so  long  as  such 
excavations  continue  to  exist,  it  is  not  Intended  hereby  to  prohibit  the  maintenance 
of  a  driveway  for  the  delivery  of  material  across  such  sidewalk  from  the  curb  line 
to  the  building  side.  It  shall  be  permitted  for  the  purpose  of  delivering  materials 
to  the  basement  of  the  buildings,  to  elevate  such  temporary  sidewalks  to  a  height 
not  exceeding  four  feet  above  the  curb  level  of  the  street,  and  where  excavations 
are  made  under  or  across  any  sidewalk,  the  Street  Commissioner  is  hereby  author- 
ized to  require  such  elevated  temporary  sidewalks  to  be  erected,  so  as  to  afford 
safis  and  convenient  passage,  and  such  elevated  sidewalks  shall  be  provided  with 
good,  substantial  steps  on  both  ends  of  the  same,  and  shall  have  railings,  as  before 
specified,  on  both  sides  thereof.  If  the  building  to  be  erected  is  more  than  four 
stories  in  height,  and  is  set  at  or  near  the  street  line,  there  shall  be  built  over  such 
sidewalk  a  roof,  having  a  framework  and  covering,  composed  of  supports  and 
stringers  of  three  by  twelve  timbers,  not  more  than  eight  feet  from  centers,  covered 
by  two  layers  of  two-inch  plank.  Said  roof  shall  be  maintained  as  long  as  material 
is  being  used  or  handled  on  said  street  front  and  above  the  level  of  such  sidewalk. 
In  all  such  cases  such  temporary  sidewalks  and  their  railings  and  apiiroaches  and 
the  roofs  over  the  same  shall  be  made,  as  regards  ease  of  approach,  strength  and 
safety,  to  the  satisfaction  of  the  Street  Commissioner.  The  occupation  of  the  street 
for  the  storage  of  building  materials  shall  never  exceed,  in  front  of  any  one  build- 
ing, one-quarter  of  the  width  of  the  roadway  of  the  same,  and  in  the  streets  con- 
taining railroad  tracks  such  occupation  shall  not  exceed  one-half  the  distance  from 
the  curbstone  to  such  railroad  tracks.  The  occupation  of  any  public  alley,  as 
aforesaid,  shall  not  exceed  one-half  of  the  width  of  the  same.  Brick,  asphalt  and 
bituminous  macadam  paving  shall  be  protected  with  wood  covering,  composed  of 
one-inch  plank  before  any  material  is  placed  on  it.  Earth  taken  from  excavations 
and  rubbish  taken  from  buildings  must  not  be  stored  upon  sidewalk  or  roadway 
of  streets  or  alleys,  and  must  be  removed  from  day  to  day  as  rapidly  as  produced. 
Where  dry  rubbish,  apt  to  proauce  dust,  is  being  handled,  it  must  be  kept  wetted 
down,  so  as  to  prevent  it  being  blown  about  by  the  wind.  For  all  buildings  more 
than  four  stories  in  height  the  use  of  derricks  set  upon  the  sidewalks  is  prohibited. 
Materials  for  such  buildings  shall  be  hoisted  entirely  within  the  iuclosing  walls  of 
the  same.  The  permission  to  occupy  streets  and  sidewalks  for  purposes  of  building 
is  intended  only  for  use  in  connection  with  the  actual  erection,  repair,  alteration 
or  removal  of  buildings,  and  must  terminate  with  the  completion  of  such  operation, 
ft  shall  be  unlawful  to  occupy  any  sidewalk  or  alley  after  the  expiration  of  the 
time  for  which  a  permit  has  been  issued  by  the  Street  Commissioner.  It  shall  also 
be  unlawful  to  occupy  sidewalk,  street  or  alley  under  authority  of  such  permit  for 
the  storage  of  articles  not  intended  for  immediate  use  in  connection  with  the  opera- 
tions for  which  such  permit  has  been  issued.  Red  lanterns  shall  be  displayed  and 
maintained  during  the  whole  of  every  night  at  each  end  of  every  i)ile  of  material 
in  any  street  or  alley,  and  at  each  end  of  every  excavation.  It  is  provided  that  if 
the  written  consent  and  a  waiver  of  claims  for  damages  against  the  City  of  St.  Louis 
of  the  owners  of  the  property  abutting  upon  the  site  of  the  proposed  building  is 
first  obtained  and  filed  with  the  Street  Commissioner,  the  permission  to  occup> 
the  roadway  may  be  extended  beyond  the  limits  of  such  building,  upon  the  same 
terms  and  conditions  as  those  herein  fixed  for  the  streets  in  front  of  the  building 
sites  themselves. 

Whenever  any  person  who  has  a  deposit  with  the  City  Treasurer  for  the  pur- 
pose of  taking  out  permits,  as  herein  described,  desires  to  withdraw  said  deposit, 
he  shall  notify  the  Street  Commissioner,  who  thereupon  shall  certify  to  the  Presi- 
dent of  the  Board  of  Public  Improvements  a  voucher  for  the  unexpended  balance 
of   said   deposit;    provided,   that   all   streets,  alleys  or   sidewalks   have   cleaned,   as 


Arpi:xi>ix  Til  HKVISEH  codk.  1^7 

CliAl'     Xn,    AKT     Vm.  IMlillUAVS. 

requlrod  by  this  section,  to  the  satisfaction  of  ttip  Street  Commissioner.  Tlie  Presi- 
dent of  tile  Hoard  of  Public-  Improvements  sliall  certify  said  voiiclior  to  the  Auditor 
who  tliereupon  shail  draw  his  warrant  upon  the  City  Treasurer  in  favor  of  said 
person  for  said  amount  standing  to  the  credit  of  the  special  fund  credited  by  the 
payments  herein  provided,  and  shall  take  liis  receipt  In  full  of  all  claims  against 
the  city  on  account  of  said  payments. 

Approved  .March   iSth.  1907. 

ARTICLE  VIII. 

OK  CITY    LIGHTING   AND   LIGHTING    IM.ANTS. 

{Or.DIXANCi:   U2HTS. ) 

Contracts  fm-  Kicctric  Li-ililiii^  of  Public  l{uiIUin;;s.  -An  ordinance  authoriz- 
ing and  directing  the  Board  of  Public  Improvements  to  let  contracts  for  furnishing 
electricity  to  be  used  in  lighting  designated  public  buildings  and  designating  the 
fund  oul  of  wlilcb  the  cost  thereof  shall  be  paid,  and  repealing  Ordinance  19914, 
approved  January  IG.  1900. 

lie  il  Ordained  hy  the  Municipal  Asse'itbly  of  tlic  Vity  uf  Nf.  Louis,  as  folloirs: 

Section  1.  The  Board  of  Public  Improvements  is  hereby  authorized  and  di- 
rected to  let  contracts  for  the  furnishing  of  electricity,  in  accordance  with  specifi- 
cations on  file  in  the  office  of  the  President  of  the  Board  of  Public  Improvements,  to 
be  used  in  lighting  the  public  buildings  of  the  City  of  St.  Louis,  to-wit:  All  fire 
engine  houses,  police  stations,  courthouse,  old  city  hall  building  while  occupied  and 
used  by  the  city,  city  hospital  and  buildings  on  city  hospital  grounds,  insane  asylum 
and  buildings  ou  insane  asylum  grounds,  female  hospital  and  buildings  on  female 
hospital  grounds,  poorhouse  and  buildings  on  poorhouse  grounds.  Kour  t'ourts  and 
buildings  on  same  block,  new  city  hall,  city  buildings  Number  Twenty-three  Hun- 
dred Twenty-two  Clark  avenue  and  city  buildings  cjii  same  lot:  Forest  Park  build- 
ings, including  Lindeli  Pavilion,  park  department  stables  and  observatory;  water 
department  buildings,  including  puni|)lng  engine  houses,  boiler  houses,  coal  houses, 
gate  houses,  machine  shops,  blacksmith  shops,  warehouses  and  office  buildings  at 
Chain  of  Rocks,  Bissell's  Point,  Baden,  Compton  Hill  Reservoir  grounds  and  plpo 
yard  at  Taylor  avenue  and  Duncan  avenue.  Union  Market  and  Souiard  Market. 
Street  Department  buildings  at  Number  Twenty-seven  Hundred  Thirty-two  Arsenal 
street.  Number  Nineteen  Hundred  and  Eleven  Wash  street,  and  Number  Thirty- 
seven  Hundred  Kour  .North  Grand  avenue,  while  occupied  and  used  by  the  city; 
Health  Department  buildings  Number  Thirty-five  Hundred  SLxty-four  South  Broad- 
way and  Thirty-six  Hundred  Eighteen  North  Broadway,  while  occupied  and  used 
by  the  city;  temporary  city  hospital  and  buildings,  on  temjiorary  city  hospital 
grounds,  while  occu|iied  and  used  by  the  city;  Harbor  and  Wharf  Commissioner's 
Office  on  the  Levee,  workhouse,  industrial  school  and  attached  buildings. 

Sec.  2.  Contracts  let  under  authority  of  this  ordinance  shall  be  for  a  term  of 
years  beginning  September  first.  .Nineteen  Hundred  and  Seven,  and  terminating 
.Vugust  Thirty-first.  Nineteen  Ihindred  and  Ten. 

Sec.  3.  The  lighting  herein  authorized  shall  be  executed  under  separate 
contracts  for  lighting  the  designated  public  buildings  in  the  following  districts, 
namely:  District  Number  One.  bounded  by  the  western  and  northern  city  limits. 
the  Mississippi  river  and  the  south  line  of  Washington  avenue,  produced  to  the 
western  city  limits.  District  Number  Two.  bounded  by  the  southern  and  western 
<-lty  limits,  the  south  line  of  Washington  avenue  and  the  same  produced  to  the 
western  city  limits  and   the  .Mississippi  river. 

Sec.  •!.  The  unit  of  measurement  for  the  electricity  furnished  for  the  light- 
ing of  the  public  buildings  herein  authorized  shall  be  one  thousand  watt-hours — 
a  watt-hour  Is  hereby  defined  to  be  the  expenditure  of  one  watt  of  electric  power 
for  one  hour — and  the  current  shall  be  turnislied  at  the  main  branch  block  In 
the  buildings  designated  at  one  hundred  ten  volts. 

Sec.  5.  The  amount  of  the  bond  required  under  all  contracts  let  under  this 
ordinance  shall  be  the  full  estimated  amount  In  be  paid  for  the  lighting  during  a 
period  of  one  year. 

Sec.  6.      The  cost  of  the  lighting  herein  authorized  shall   be  paid  by  the  City 
of  St.   Louis  out  of  the  fund  annually   appropriated   for  lighting   public   buildings 
by  general  appropriation  from   Municipal   Revenue. 
Sec.   7.      Ordinance   1991  I   Is  hereby   reix-iiled. 
Approved   .March   i:'..   1907. 


1148  APPENDIX  TO   REVISED  CODE. 

CHAP.  XIII.  "  JUDICIAL  DEPARTMENT. 

CHAPTER   XIII. 

JUDICIAL  DEPARTMENT. 

ARTICLE  VIII. 

jrVE.N'ILE  COURT   AND   OFFICER.S. 

(OKDIXANCE   22540.) 

Sec.  1.  Building  in  Connection  «ith  Juvenile  Court — Detention  of  Juveniles — 
Superintendent,    Matron,    etc.,    Apjjointed — Duties — Salary — Bond — Hequisitions — 

An  ordinance  to  provide  for  the  renting  or  leasing  of  a  building  near  the  City  Hall 
and  Four  Courts  for  a  house  of  detention  of  juveniles  in  connection  with  the  oper- 
ation of  the  Juvenile  Court. 

Be  it  Ordained  by  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  folloivs: 

Section  1.  The  Mayor  and  Comptroller  are  hereby  authorized  and  directed 
to  rent  or  lease  a  building  in  the  vicinity  of  the  City  Hall  or  Four  Courts,  but 
outside  the  inclosures  of  any  jail  or  police  station,  suitable  for  the  detention  of 
juveniles  in  connection  with  the  operation  of  the  Juvenile  Court,  at  a  rental  not 
to  exceed  one  hundred  dollars  per. month,  and  for  a  term  not  to  exceed  five  years: 
but  said  lease  may  be  renewed,  or  other  place  rented  for  the  purpose,  from  time 
to  time,  hereunder,  and  the  building  shall  be  known  and  designated  the  House 
of  Detention,  and  said  building  may  be  altered,  repaired  and  suitably  equipped 
for  its  purpose  at  an  outlay  not  to  exceed  three  thousand  dollars. 

Sec.  2.  When  the  building  is  obtained  and  its  management  begun  hereunder, 
all  juveniles  to  be  committed  to  the  care  of  the  Sheriff,  police  officer  or  probation 
officer,  or  otherwise  temporarily  detained,  as  provided  for  in  the  act  establishing 
Juvenile  Courts,  approved  March  twenty-third,  nineteen  hundred  and  three,  may 
be  sent  to  and  detained  at  the  place  hereby  provided  for:  and  the  detention  and 
treatment  of  juveniles  at  such  place  of  detention  shall  be  subject  to  the  control 
and  direction  of  the  Juvenile  Court,  or  the  Judge  thereof  in  vacation. 

Sec.  3.  The  Judge  of  the  Juvenile  Court  is  authorized  to  appoint  and  re- 
move, from  time  to  time,  a  superintendent  and  a  matron,  as  assistant,  to  have 
possession,  management  and  control  of  said  House  of  Detention,  subject  hereto: 
and  it  shall  be  the  duty  of  the  superintendent  and  matron,  respectively,  to  control 
and  to  have  the  inmates  suitably  and  sufficiently  nourished  and  housed  and  kept 
in  cleanly  and  healthful  state  as  possible,  and  provided  with  instruction  and  recre- 
ation, the  inmates  of  different  sexes  being  taught  and  kept  in  separate  quarters. 
The  superintendent  shall  give  bond  to  the  City  of  St.  Louis  in  the  sum  of  onq 
thousand  dollars,  and  the  matron  in  the  sum  of  five  hundred  dollars,  for  the  faith- 
ful discharge  of  their  duties,  respectively. 

Sec.  4.  There  shall  be  paid  to  the  superintendent  a  salary  of  sixty  dollars 
per  month,  and  to  the  matron  a  salary  of  thirty-five  dollars  i)er  month,  and  a 
cook  may  be  employed  at  a  salary  of  twenty  dollars  per  month:  and  there  may  be 
also  employed  by  the  matron,  subject  to  the  approval  of  the  Comptroller,  help 
from  time  to  time,  as  may  be  found  necessary,  at  wages  for  each  employe  not  to 
exceed  one  dollar  and  twenty-five  cents  a  day. 

Sec.  5.  The  superintendent  shall  submit  at  the  end  of  each  month  to  the 
Comptroller  a  detailed  requisition  for  necessary  articles  and  supplies  for  the 
House  of  Detention  for  the  succeeding  month,  and  when  approved  by  the  Comp- 
troller the  requisitions  shall  be  filed  in  the  office  of  the  Commissioner  of  Supplies, 
and  the  articles  required  duly  supplied  and  delivered  and  the  superintendent 
shall  keep  a  full  and  complete  account  of  the  receipts,  expenditures  and  disposi- 
tion of  all  property  coming  into  his  possession. 

Sec.  6.  There  is  hereby  appropriated  and  set  apart  oul  of  municipal  revenue 
the  sum  of  three  thousand  dollars  for  repairs,  alterations  and  suitable  equipment, 
as  above  provided,  and  the  further  sum  of  six  thousand  dollars  for  the  rent  and 
maintenance  of  said  House  of  Detention. 

Approved  July  12,  1900. 


APPENDIX  TO  HKVISED  CODE.  11411 

CHAP.   XIV.  CITY  COUNSELOR. 

CHAPTER   XIV. 

LAW    DKPARTMKNT. 

ARTICLE  IL 

OF   CITY   COrNSKI.OK. 

(OKIMN WCK    •J:{0:{H.) 

An  ordinance  to  amend  Sections  1282.  128,'>.  128r..  12!»o,  12iM  and  129i">  of  the  Mu- 
nicipal Code  of  St.  Louis  in  relation  to  the  I.,aw  lJe|)artnient.  as  amended  by  Ordi- 
nance 20757.  approved  July  2.  1902.  and  entitled  "An  ordinance  to  amend  Sec- 
tions 12S2.  128;"),  12SB.  1290.  1291  and  1296  of  the  Municipal  Code  of  St.  Louis  in 
relation  to  the  Law  Department:"  and  to  amend  Sections  1277.  1280.  1292  and 
1297  of  the  .Municipal  Code  of  St.  Louis  in  relation  to  the  Law  Pepartment.  by 
striking  out  the  same  and  enacting  new  sections  In  lieu  thereof,  lie  it  ordained 
by  the  .Municipal  Assembly  of  the  City  of  St.  Louis  [R.  C,  sees.  1352.  1355.  1357, 
1360,  1361.  1365,   1366,  1367.   1371.   1372],  as  follows: 

Section  1.  Sections  1282.  1285.  1286,  1290,  1291  and  1296  of  the  Municipal  Code 
oi  St.  Louis,  as  amended  by  Ordinance  20757,  approved  July  2,  1902,  and  entitled 
"An  ordinance  to  amend  Sections  1282,  1285,  1286,  1290,  1291  and  1296  of  the 
Municipal  Code  of  St.  Louis  in  relation  to  the  Law  Department,"  and  Sections  1277, 
1280.  1292  and  1297  of  the  Municipal  Code  of  St.  Louis  relating  to  the  Law  De- 
partment, are  hereby  amended  by  striking  out  the  same  and  inserting  in  lieu 
thereof  the  following:  Section  1282:  In  addition  to  the  quallflcatlons  prescribed 
by  Section  Ten  of  Article  Four  of  the  Charier,  the  .\ssoclate  City  Counselor  shall 
have  been  licensed  to  practice  law  In  the  courts  of  this  State  at  least  eight  years 
previous  to  his  appointment;  the  Second  Associate  City  Counselor  shall  have  been 
licensed  to  practice  law  in  the  courts  of  this  State  at  least  six  years  previous  to  his 
appointment:  and  the  Assistant  City  Counselor  shall  have  been  licensed  to  practice 
law  In  the  courts  of  this  State  at  least  five  years  previous  to  his  appointment.  Sec- 
tion 1285:  The  City  Counselor  shall,  with  the  approval  of  the  Mayor,  appoint  a 
Chief  Clerk,  four  Clerks  and  two  Stenographers,  who  shall  hold  their  respective 
offices  at  the  pleasure  of  the  City  Counselor.  Section  1286:  In  addition  to  the 
qualifications  prescribed  by  Section  Ten  of  .Article  Four  of  the  Charter,  the  Clerks 
and  the  Stenographers  shall  be  qualified  voters  of  the  City.  Section  1290:  The 
Assistant  City  Counselor  shall  receive  a  salary  of  Twenty-five  Hundred  Dollars  per 
annum,  payable  monthly.  Section  1291:  The  Chief  Clerk  shall  receive  a  salary 
of  One  Hundred  and  Fifty  Dollars  per  month;  each  of  the  clerks  shall  receive  a  sal- 
ary of  One  Hundred  Dollars  per  month  and  Twenty-five  Dollars  i)er  month  for  ex- 
penses in  the  discharge  of  duties  that  may  be  assigned  to  him.  and  said  salary  and 
expens"  money  shall  be  paid  monthly.  Section  1292:  Kach  of  the  Stenographers 
shall  receive  a  salary  of  One  Hundred  Dollars  per  month,  payable  monthly.  Sec- 
tion 1296:  It  shall  be  the  duty  of  the  Chief  Clerk  and  of  the  Clerks  to  keep  a  rec- 
ord of  all  cases  pending  in  any  of  the  courts,  showing  the  proceedings  therein,  both 
In  court  and  before  commissioners,  write  the  reports  in  condemnallon  and 
change  of  grade  proceedings,  prepare  the  final  judgments  therein,  make  investi- 
gation of  facts  and  collect  evidence  in  cases  In  which  the  city  Is  a  party,  make 
preparation  thereof  for  trial,  kee])  suitable  indexes,  prepare  the  oaths  of  commis- 
sioners In  street  opening  proceedings,  keep  a  record  of  the  attendance  of  such 
commissioners,  read  proof  on  printed  briefs,  advertisements  of  benefit  districts  In 
street  opening  proceedings  and  other  necessary  printed  matter,  answer  inquiries 
of  members  of  the  Municipal  .Assembly  and  of  other  Interested  parties  respecting 
the  prof^ress  of  street  openings,  procure  the  investigation  of  titles  and  the  prepara- 
tion of  suitable  piats  and  blue  prints  In  street  opening  proceedings,  keei)  a  ledger 
of  moneys  appropriated  for  the  department  and  vouchered  out.  and  any  other 
necessary  accounts,  prepare  daily  lists  of  the  court  entries  applicable  to  any  pend- 
ing litigation  In  which  the  City  of  St.  Louis  or  any  of  Its  officials  Is  Intf-rested, 
make  lists  of  assignments  and  settings  of  cases,  make  preliminary  examinations  of 
all  bonds  and  contracts  which  are  to  be  submitted  to  the  <lepartnient.  attend  to 
telephone,  run  errands,  assist  In  the  Investigation  of  any  question  of  law  or  of  fact 
submitted  to  the  department,  assist  In  the  preparation  of  briefs,  motions,  plead- 
ings, bills  of  exceptions,  and  other  legal  papers  and  documents,  and  perform  all 
such  other  duties  as  may  be  assigned  to  them  by  the  City  Counselor.  Section 
1297;  The  Stenographers  shall  perform  all  services  usually  Incident  to  such  posi- 
tions, and  shall  also  perform  such  other  duties  as  may  be  required  by  the  City 
Counselor. 

Approved  April   1st.  1907. 


1150  APPENDIX  TO  KKVISED   CODE. 

CHAP.    XV-.\VI1I.  LEGISLATIVE    DEPT.— MISDEMEANOR^:. 

CHAPTER  XV. 

LEGISLATIVE   DEPART.ME.XT. 

ARTICLE  II. 

OF  ORDINANCES. 

(ORDIXAXCE   22.-,04.) 

The  Koviscd  Code. — An  ordinance  in  relation  to  "The  Revised  Code  of  St. 
Louis"  and  making  reference  to  sections  therein  by  number  sufficient.  [R.  C, 
sec.   1414.] 

Be  it  Ordained  hy  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  follows: 

Section  1.  In  all  official  reference  to  any  provision  or  provisions  of  the  gen- 
eral ordinances,  embodied  in  "The  Revised  Code  of  St.  Louis,"  after  said  Code 
shall  have  been  adopted  legally,  as  provided  in  Ordinance  Number  Twenty-two 
Thousand  and  Forty-six,  approved  June  Twentieth,  Nineteen  Hundred  and  Five, 
it  shall  be  sufficient  to  refer  to  said  provision  or  provisions  by  section  number,  as 
the  reference  may  require,  of  "The  Revised  Code  of  St.  Louis." 

Approved  October  15th.  1906.  ; 


CHAPTER  XVIIl. 

MISDEMEANORS. 

ARTICLE  11. 

OFFENSES  AFFECTING  PUBLIC  ORDER  AND  PEACE. 

(OKinXAXCE  2:2564.) 

Throwing  Conl'etti,  Flour,  etc. — An  ordinance  to  amend  Chapter  Eighteen  of 
the  Municipal  Code  by  adding  a  new  section,  lo  be  known  as  Section  Number  Four- 
teen Hunared  and  Fifty-nine  a.     [Rev.  Code,  sec.  163Ta.] 

Be  it  Ordained  hy  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  follows: 

Seciion  .i .  Chapter  Eighteen  of  the  Municipal  Code  is  hereby  amended  by 
adding  a  new  section,  to  be  known  as  Section  Fourteen  Hundred  and  Fifty-nine  A 
[R.  C,  sec.  1537a],  as  follows: 

Sec.  1459a.  Any  person  who,  in  this  city,  shall  r™  the  public  streets  or  high- 
ways or  in  the  public  parks,  or  other  places  where  the  public  congregate,  toss  at  or 
throw  upon  any  one  any  quantities  of  flour  or  confetti,  or  any  other  substance, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof,  before  either 
of  the  Police  .lustices  of  this  city,  shall  be  fined  not  less  than  Five  Dollars  nor  more 
than  Twenty-five  Dollars  for  each  offense. 

Approved  Oct.  2,  1906. 


CHAPTER  XXll. 

PLU.MBING  AND  DRAINLAYING. 
(OHDIXANCK   2:$0(»T.) 

I'lunibcrs. — An  ordinance  to  promote  the  public  health;  to  create  a  Board  of 
Examiners  of  Plumbers;  to  define  the  powers  and  duties  of  said  board;  to  fix  their 
term  of  office  and  compensation:  to  require  the  examination  and  registration  of 
plumbers,  and  prescribing  penalties  for  the  violation  of  the  ordinances  relating  to 
plumbing;  to  amend  Sections  Sixteen  Hundred  and  Eighty-nine  and  Sixteen  Hun- 
dred and  Ninety-seven  of  Chapter  Twenty-two  of  the  Municipal  Code.  [R.  C,  sees. 
17SS  and  1796.] 


MMuoNKix  To  i!i:\isi:i)  coiJi;  ll.-,i 

CHAP.   XXII.  I'LUMBINO. 

He  it  Ordained  by  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  follows: 

Section  1.  Hoard  of  Examiners  of  Plumbers:  There  Is  hereby  c-reateil  u 
Hoard  of  Kxaniiners  of  Plumbers.  The  Mayor  shall  appoint  one  master  or  employ- 
ing plumber  and  one  journeyman  plumber,  ea<h  of  whom  shall  be  a  eltlzon  of  the 
United  Stales  and  the  State  of  Missouri,  and  a  resldiMU  of  the  rity  of  St.  Louis  for 
at  least  three  years  ne.\t  before  his  appointment,  and  who  shall  have  been  actively 
engaged  at  the  trade  or  business  of  plumbing  for  not  less  than  live  years,  whieii 
two  members,  together  with  the  Supervisor  of  Plumbing,  who  shall  be  chairman 
ex-ofllcio,  shall  constitute  the  said  Hoard  of  Kxanilners  of  Plumbers. 

Sec.  2.  Term  of  office  and  compensation.  The  members  of  the  Hoard  of 
Rxamlners  of  Plumbers  shall  hold  their  oftke  for  the  term  of  four  years  and  until 
their  successors  are  duly  appointed  and  qualilled.  They  shall,  except  the  Super- 
visor of  Plumbing,  receive  a  salary  of  Twenty-five  Dollars  each  per  month,  payable 
monthly. 

Sec.  3.  Hoard  to  adopt  rules,  and  etc.  It  shall  be  the  duly  of  the  Mayor  to 
provide  suitable  quarters  for  the  use  of  said  board,  and  within  ten  days  after  this 
bill  becomes  an  ordinance  the  Mayor  shall  notify  said  board  to  meet  and  organize, 
and  when  so  notified  said  board  shall  meet,  organize  and  ado))l  rules  to  carry  Into 
effect  the  provisions  of  this  ordinance,  and  designate  the  time  of  meeting  for  the 
examination  of  a))plicants  for  plumbing  license.  Said  board  shall  meet  once  each 
month,  or  oftener,  as  necessity  requires,  for  the  examination  of  any  applicant  or 
applicants  foe  license  as  plumbers,  or  to  hear  and  deterinlno  any  charges  which 
may  be  made  against  any  master  or  journeyman  plumber,  or  for  the  transaction 
of  any  other  business  by  the  board. 

Sec.  4.  Secretary,  duties.  The  clerk  to  the  Supervisor  of  Plumbing  shall  be 
secretary  of  the  Hoard  of  Kxaminers  of  Plumbers,  and  shall  be  re(|ulred  to  execute 
a  bond  to  the  City  of  St.  Louis  in  the  sum  of  One  Thousand  Dollars,  to  be  approved 
by  the  Mayor.  He  shall  keep  a  full  and  complete  record  of  the  proceedings  and 
acts  of  said  board:  he  shall  register  in  a  book  to  be  kept  by  hlni  for  that  purjiose 
the  name  and  residence  and  place  of  business  of  every  licensed  person,  firm  or  cor- 
poration engaged  in  or  working  at  the  business  of  plumbing  in  the  City  of  St.  Louis: 
he  shall  provide  all  applicants  for  license  ai)plication  blanks  and  shall  receive  and 
file  the  same  with  the  board  when  tilled  out  by  the  applicant.  lie  shall  account  to 
the  board  for  all  moneys  received  by  him  as  secretary  thereof. 

Sec.  .">.  Quallticalions  of  licensees.-  etc.  X'pon  satisfactory  proof  of  the  qualifi- 
cations and  fitness  of  the  applicant  for  plumbing  license,  the  Hoard  of  Kxaminers  of 
Plumbers  shall  thereupon  issue  to  such  applicant  a  certificate  of  (lualitlcation,  which 
shall  entitle  the  person  named  therein  to  engage  in  or  work  at  the  business  of 
plumbing,  as  master  or  employing  i)lumber  or  journeyman  plumber,  for  the  period 
of  one  year.  No  iierson  shall  be  entitled  to  obtain  from  said  board  a  certlDcate  of 
qualltlcation  as  master  or  employing  plumber  or  as  journeyman  plumber,  except  as 
In  this  ordinance  otherwise  provided,  who  shall  not  have  first  jias.sed  a  satisfactor.v 
examination  before  said  board  as  to  his  knowledge,  experience  and  skill  of  practical 
plumbing,  house-draining  and  plumbing  ventilation. 

Sec.  6.  Plumbers  required  to  register.  No  person,  firm  or  corporation  shall 
engage  in  or  work  at  the  business  of  plumbing  in  the  City  of  St.  Louis  without  first 
registering  his  name,  place  of  business  and  residence  with  the  Secretary  of  the 
Hoard  of  Kxaminers  of  Plumbers.  Kvery  such  person,  firm  or  corporation  so  regis- 
tered shall  notify  the  Su|)ervisor  of  Plumbing  of  any  changes  in  his  residence  or 
place  of  business  within  ten  days  after  the  same  shall  have  been  made. 

Sec.  7.  Plumbers  licensed  by  other  cities  In  this  state.  Whenever  any  person, 
firm  or  corporation  shall  have  obtained  a  license  as  master  or  employing  plumber 
or  as  a  journeyman  plumber  from  the  Hoard  of  Kxaminers  of  Plumbers  of  any 
other  city  within  this  state,  and  desiring  to  engage  in  the  business  of  |ilumblng  in 
the  City  of  St.  Louis,  upon  presentation  of  such  license  the  Hoard  of  Kxaminers  of 
Plumbers  shall  Issue  such  person,  firm  or  corporation  a  certificate  authorizing  the 
holder  thereof  to  engage  In  or  work  at  the  business  of  plumbing  In  the  City  of  St. 
Louis. 

Sec.  8.  Kxamlnatiou  fee.  The  examination  fee  for  license  as  master  or  em- 
ploying plumber  or  as  journeyman  plumber  shall  be  One  Dollar,  which  fee  shall 
be  paid  to  the  secretary  of  said  board,  when  the  applicant  for  a  license  files  his 
application  for  examination.  -Ml  fees  so  paid  to  the  secretary  shall  be  paid  t»y 
him  to  the  Treasurer  of  the  City  of  St.  Louis.  Kach  license  issued  by  said  board 
Bhall  be  renewed  annually  upon  the  payment  to  the  secretary  of  said  board  of  it 
fee  of  One  Dollar. 


H52  APPENDIX  TO  REVISED  CODE. 

CHAP.   XXII.  PLUMBING. 

Sec.  9.  Power  to  revoke  license.  The  board  shall  have  power  to  revoke  any 
license  issued  by  it  upon  satisfactory  proof  that  the  holder  of  said  license  has 
violated  any  of  the  provisions  of  this  ordinance,  relating  to  the  examination  of 
plumbers,  or  for  the  violation  of  any  rule  of  said  board,  adopted  for  the  purpose 
of  carrying  out  the  provisions  of  this  ordinance,  or  for  the  willful  violation  of  any 
of  the  ordinances  relating  to  plumbing,  and  if  any  such  license  shall  be  revoked^ 
the  same  shall  not  be  reissued  within  three  months  thereafter. 

Sec.  10.  Penalty  for  violating  ordinances.  Any  person,  firm  or  corporation 
or  the  agent  or  officer  of  any  such  person,  firm  or  corporation,  who  shall  engage 
in  or  work  at  the  business  of  plumbing  in  the  City  of  St.  Louis,  except  apprentices 
working  for  duly  licensed  plumbers,  without  first  having  been  duly  licensed  as 
required  by  the  provisions  of  this  ordinance,  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  upon  conviction  thereof,  shall  be  fined  not  less  than  Ten  Dollars 
nor  more  than  One  Hundred   Dollars   for  each   offense. 

Sec.  11.  Section  16S9  amended.  Section  1689  of  Chapter  Twenty-two  of  the  Municipal 
Code  is  hereby  amended  by  striking  out  of  the  fourth  line  thereof  the  words 
"plumbing  or"  and  by  striking  out  of  the  sixth  line  thereof  the  words  "plumbing 
or,"  so  that  said  section,  when  amended,  shall  read  as  follows:  "Section  16S9. 
Drain-layers  to  be  registered.  Said  Board  of  Public  Improvements  is  hereby  au- 
thorized and  directed  to  register,  in  a  book  kept  for  that  purpose,  the  full  name, 
residence  and  place  of  business  of  all  persons,  firms  or  corporations  who  may  de- 
sire to  engage  in  the  business  or  trade  of  drain-laying  in  the  city  either  as 
master  or  workmen,  and  to  issue  to  such  parties  as  are  found  competent  certificates 
of  authority  to  do  drain-laying  connected  or  to  be  connected,  with  the  water  supply 
or  drainage  system  of  the  city;  provided  such  persons,  firm  or  corporations  shall 
have  fully  complied  with  the  conditions  prescribed  in  this  chapter." 

Sec.  12.  Section  1697  amended.  Section  1697  of  Chapter  Twenty-two  of  the 
Municipal  Code  is  hereby  amended  by  striking  from  the  second  line  thereof  the 
word  "plumber"  and  by  striking  from  the  third  line  thereof  the  words  "practical 
plumber,"  and  by  striking  out  of  the  lines  four  and  five  of  said  section  the  words 
"and  to  show  such  certificate  to  any  inspector  of  plumbing  or  policeman  on  de- 
mand," and  inserting  in  lieu  thereof  the  following  words:  "And  it  shall  be  the 
duty  of  every  person  employed  or  working  at  the  trade  or  business  of  plumbing, 
drain-laying  or  sewer-building  to  show  on  demand  his  license  or  certificate  to  en- 
gage in  such  work  to  any  inspector  of  plumbing  or  policeman,"  so  that  said  section,  as 
amended,  shall  read  as  follows:  Section  1697.  Drain-layers  and  sewer-builders. 
Certificates.  It  shall  be  the  duty  of  every  person  employed  or  work- 
ing at  the  trade  or  avocation  of  drain-layer  or  sewer-builder  to  secure  a 
certificate  [of]  registration  as  drain-layer  or  sewer-builder  from  the  Supervisor  of 
Plumbing,  and  it  shall  be  the  duty  of  every  person  employed  or  working  at  the 
trade  or  business  of  plumbing,  drain-laying  or  sewer-building  to  show  on  de- 
mand his  license  or  certificate  to  engage  in  such  work  to  any  inspector  of  plumb- 
ing or  policeman.  The  certificate  shall  specify  the  kind  of  work  the  person  to 
whom  it  is  given  is  authorized  to  do.  Said  certificate  shall  be  given  without 
charge  for  one  year  from  the  date  thereof  to  all  persons  who  furnish  satisfactory 
evidence  of  their  skill  and  experience  in  the  kind  of  work  the  applicant  desires  to 
do.  Persons  to  whom  a  certificate  is  refused  shall  have  the  right  to  appeal  to  the 
Board  of  Public  Improvements,  and  in  prosecuting  such  appeal  to  present  oral 
and  documentary  evidence  of  fitness.  The  Board  of  Public  Improvements  may, 
after  notice  and  opportunity  to  be  heard,  suspend  any  certificate  for  a  definite 
period  or  cancel  the  same,  if  the  party  is  found  guilty  of  violating  the  ordinance 
or  rules  and  regulations  duly  established,  or  is  shown  to  be  negligent,  unskillful 
or  unfaithful  in  his  work,  or  to  be  a  person  unfit  or  unworthy  of  being  trusted  or 
employed  in  the  work  of  plumbing  or  drain-laying.  Work  done  by  any  uncertified 
workman,  or  one  whose  certificate  has  expired,  been  suspended  or  canceled,  shall 
not  be  inspected  and  accepted.  Inspectors  and  policemen  are  authorized  to  take 
up  and  return  to  the  Supervisor  of  Plumbing  any  certificate  found  in  the  posses- 
sion of  persons  other  than  he  to  whom  it  was  issued,  and  inspectors  shall  mark 
certificates  as  expired,  suspended  or  canceled,  when  directed  by  the  Supervisor  of 
Plumbing  so  to  do. 

Sec.  13.  Appeals.  First.  Whenever  any  person  shall  be  aggrieved  by  any 
finding  or  decision  of  the  Board  of  Examiners  of  Plumbers,  such  person  may  ap- 
peal from  such  finding  or  decision  to  the  Board  of  Plublic  Improvements.  Second. 
No  such  appeal  shall  be  allowed  by  the  Board  of  Public  Improvements  unless  the 
appellant  shall  first  deposit  with  the  clerk  of  the  Board  of  Examiners  of  Plumbers 
the  sum  of  Ten  Dollars,  as  costs  of  such  appeal,  to  be  taxed  as  hereinafter  pro- 


APPKNDIX  TO  KKVISED  CODK.  ]  I53 

CHAIV   XXIIA.  PUBLIC  RECREATION. 

vided.  and  shall,  within  ten  days  after  the  finding  or  decision  of  the  Hoard  of 
Examiners  of  Plumbers  appealed  from  shall  have  been  made,  file  with  salil  Hoard 
of  Public  Improvomonts  his  iit'tltlon  statliiK  wherein  he  had  been  prejudiced  or 
aggrieved  by  the  finding  or  decision  of  said  Hoard  of  Examiners  of  Plumbers.  If 
the  appellant  shall  prevail  on  appeal,  his  deposit  of  costs  shall  be  returned  to  him 
by  the  clerk  of  the  Hoard  of  F].\amlners  of  Plumbers.  Third.  Whenever  any 
person  shall  have  compiled  with  the  provisions  of  Clause  Two  of  this  section  it 
shall  be  the  duty  of  the  Hoard  of  Public  Improvements,  within  twenty  days  there- 
after, to  examine  Into  and  determine  said  appeal,  and  If  said  board  bo  of  the 
opinion  that  a  correct  determination  of  appellant's  complaint  can  not  be  had 
without  the  aid  or  advice  of  the  Hoard  of  Examiners  of  Plumbers,  they  shall  call 
said  Hoard  of  Examiners  of  Plumbers  before  them  to  aid  them  in  determlninj? 
said  appeal,  and  said  Hoard  of  Examiners  of  Plumbers,  when  notified  that  their 
aid  and  advice  are  required  by  the  Hoard  of  Public  Improvements,  shall  appear 
before  snUl  board  and  assist  In  the  determination  of  said  appeal.  Fourth.  The 
Board  of  Public  Improvements  shall  certify  to  the  Hoard  of  Examiners  of  Plumb- 
ers the  result  of  its  determination  of  all  appeals,  and  when  so  certified  the  same 
shall  be  spread  upon  the  records  of  the  Hoard  of  Examiners  of  Plumbers,  and 
said  board  shall  be  governed  by  and  forthwith  make  all  necessary  orders  to  give 
full  force  and  effect  to  the  decision  of  said  Board  of  Public  Improvements. 

Approved  April   1.   1907. 

CHAPTER  XXII-A. 

PfBLIC   BATHS  AND   PLAY-GROl'NDS — PUBLIC  RECREATION  COM- 
MISSIONER. 

(OHDIX.WCE  22H«».) 

Public  Uecroalion  Commission. — An  ordinance  to  provide  for  the  manage- 
ment, direction  and  care  of  all  public  play  grounds,  public  baths  and  public  recre- 
ation buildings,  and  to  provide  a  commission  for  that  purpose  to  be  known  as  the 
public   recreation   commission. 

Be  it  Ordained  hy  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  follows: 

Section  1.  The  management,  direction  and  care  of  all  public  play  grounds, 
public  baths  and  public  recreation  buildings  now  existing,  or  hereafter  established 
or  erected.  In  the  City  of  St.  Louis,  shall  be  vested  In  a  comiulssion  of  five  mem- 
bers. The  Park  Commissioner  of  the  City  of  St.  Louis  shall  be.  ex-officlo.  a 
member  of  and  the  chairman  of  said  Commission.  The  four  remaining  members 
of  the  Commission  shall  be  citizens  and  residents  of  the  City  of  St.  Louis,  and 
shall  serve  without  compensation,  and  shall  be  appointed  as  follows:  Within 
thirty  days  after  the  approval  of  this  ordinance  the  Mayor  shall  appoint  four  Com- 
missioners as  aforesaid,  one  to  serve  until  December  thirty-first,  nineteen  hundred 
and  seven;  one  to  ser%-e  until  December  thirty-first,  nineteen  hundred  and  eight; 
one  to  serve  until  December  thirty-first,  nineteen  hundred  and  nine,  and  one 
until  December  thirty-first,  nineteen  hundred  and  ten.  and  on  the  expiration  of 
the  above  term  of  offices,  the  .Mayor  shall  make  appointments  to  fill  vacancies  as 
they  occur,  and  the  Commissioners  so  appointed  shall  serve  for  a  term  of  four 
years.  The  members  of  the  said  commission  shall  elect  one  of  their  number  to 
act  as  Vice  Chairman.  The  commission  so  constituted  shall  be  designated  and 
known  as  the  Public  Recreation  Commission. 

Sec.  2.  The  Commission  may  appoint,  by  and  with  the  approval  of  the 
Mayor,  the  following  officers  and  employes;  First.  A  Secretary,  who  shall  act 
as  Secretary  of  said  Commission  and  as  General  Superintendent  of  the  work  of 
the  Public  Recreation  Commission,  at  a  compensation  not  to  exceed  One  Hundred 
and  Fifty  Dollars  per  month.  Second.  A  General  Director  of  Athletics,  at  a 
salary  not  to  exceed  One  Hundred  Dollars  per  month.  Said  General  Director  of 
Athletics  shall  be  a  qualified  voter  of  the  City  of  St.  Louis  and  shall  have  been  a 
resident  of  said  city  at  least  two  years  next  preceding  his  appointment.  Third. 
A  Clerk,  at  a  salary  not  to  exceed  Seventy-five  dollars  per  month.  Fourth.  A 
Director  for  each  play  ground  or  recreation  building  at  a  salary  not  to  exceed 
Seventy-five  Dollars  per  month.  Fifth.  Instructors  for  iday  grounds  or  recrea- 
tion buildings  or  baths,  who.  when  working  half  days,  shall  receive  salaries  not 
exceeding  Forty-five  Dollars  per  month.  Working  whole  days,  salaries  not  ex- 
ceeding Seventy-five  Dollars  per  month.     Sixth.     Janitors,  custodians  and  matrons 


2154  APPENDIX  TO  REVISED  CODE. 

CHAP.   XXIIA.  PUBLIC    RECREATION. 

of  play  grounds,  baths  or  buildings,  who  shall  receive  salaries  not  exceeding  Sixty 
Dollars  per  month.  Seventh.  In  addition  to  the  officers  anfl  employes  herein 
specified,  the  Public  Recreation  Commission  may  employ  such  teams,  carts,  en- 
gineers, mechanics,  laborers  and  other  employes  as  may  be  required  for  the  work 
of  the  Commission.  The  Public  Recreation  Commission  shall  have  power  to  make 
all  needful  rules  and  regulations  relating  to  the  conduct  and  use  of  said  play 
grounds,  baths  and  recreation  buildings.  All  payrolls  and  requisitions  for  sup- 
plies or  repairs  for  said  play  grounds,  baths  and  recreation  buildings  shall  be 
signed  by  the  Chairman  and  Vice  Chairman  of  the  Public  Recreation  Commission. 
Sec.  3.  As  soon  as  the  Public  Recreation  Commission  shall  have  been  ap- 
pointed and  organized,  the  Public  Baths  Commission  shall  turn  over  'to  it  the 
management  of  the  public  play  ground  known  as  the  -Vlullanphy  Play  Ground, 
situated  at  the  southwest  corner  of  Tenth  and  Mullanphy  streets,  heretofore  con- 
ducted and  operated  by  said  Public  Baths  Commission  under  authority  of  Ordi- 
iiance  Number  21541.  approved  .August  19,  1904,  and  thereupon  said  Public  Baths 
Commission  shall  be  relieved  and  discharged  from  the  duties  imposed  upon  it  by 
said  ordinance  above  mentioned.  And  the  Park  Commission  of  the  City  of  St. 
Louis  shall  turn  over  to  the  Public  Recreation  Commission  the  Model  Play  Ground 
and  Nursery  heretofore  conducted  and  operated  under  authority  of  Ordinance 
■Vumber  21796.  and  thereupon  the  Park  Commissioner  shall  be  discharged  ffom 
the  duties  imposed  upon  him   under  said  ordinance. 

Approved  March   11th,   1907. 


CHAPTER  XXIII. 

PUBLIC   CARRIERS   AND   LICENSING   Oi<"   VEHICLES. 

ARTICLE   II. 

RATES  OF  LICENSES. 

(OHDIXAXCE   22899.) 

An  ordinance  to  amend  Article  Two  of  Chapter  Twenty-three  of  the  Municipal 
Code  (in  relation  to  rates  of  licenses  and  regulation  for  vehicles),  by  striking  out 
Sections  1710  [R.  C,  sec.  1814],  1714  [R.  C,  stc.  181S],  1718  (as  amended  by 
Ordinance  Number  22673)  [R.  C  see.  1822],  and  1726  \'R.  C,  sec.  1830],  and 
by  substituting  and  inserting  in  lieu  thereof  new  sections  bearing  the  same  num- 
bers; and  also  by  adding  a  new  section  to  be  known  as  Section  1739A. 

Be  it  Ordained  by  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  follows: 

Section  1.  Article  Two  of  Chapter  Twenty-three  of  the  Municipal  Code  is 
hereby  amended  by  striking  out  Sections  1710,  1714  and  17 IS  (as  amended  by 
Ordinance  Number  22673)  and  1726,  and  by  substituting  and  inserting  in  lieu  thereof 
new  sections,  bearing  the  same  numbers,  as  follows: 

Sec.  1710.  [R.  C,  sec.  1814]  K«'sist('red  Xiiiiiber,  How  Kept — Poiialtits. — 
There  shall  be  placed  and  kept  conspicuously  to  view  on  every  vehicle  mentioned 
in  this  article,  the  registered  number  of  such  vehicle,  so  that  the  same  can  easily 
be  read  from  the  sidewalk.  Such  numbers  shall  be  in  plain,  distinct  and  legible 
figures,  each  plate  to  be  not  less  than  one,  two  or  three  inches  in  width,  and  placed 
on  each  vehicle  in  the  following  manner:  On  drays  and  carts,  the  number  shall 
be  cast  on  metallic  plates  and  placed  on  the  outer  side  of  the  right  shaft  three 
inches  in  front  of  the  body  or  bed  of  the  cart  or  the  dray;  on  wagons,  the  number 
shall  be  cast  on  metallic  plates,  and  placed  on  the  hind  axle,  or,  where  a  body  is 
used  on  such  wagons,  said  numbers  shall  be  placed  on  the  right  outer  side  thereof; 
on  baggage  wagons  and  furniture  cars,  the  number  shall  be  cast  or  painted  on 
metallic  plates  and  placed  on  the  right  outer  side  of  the  body;  on  hackney  car- 
riages and  cabs  that  occupy  stands,  the  number  sha'll  be  painted  on  the  outer 
glass  of  the  lamps  in  red  color  not  less  than  two  inches  in  length,  and  on  omni- 
buses, the  number  shall  be  placed  on  some  conspicuous  place  on  the  right  outer 
side  of  the  body  thereof,  so  that  it  can  be  easily  read  from  the  sidewalk;  and  on 
private  carriages,  barouches  and  buggies,  and  on  vehicles  kept  by  livery  stables 
tor  private  orders,  the  numbers  shall  be  cast  or  painted  on  neat  metallic  plates 
and  placed  upon  said  vehicles  upon  the  spring  bar  or  foot  board  or  rear  end  of 
said  vehicles,  or  owners  of  vehicles  so  desiring  it  may  place  the  number  plate  on 
the  outer  side  of  the  trace  of  the  off  horse,  not  more  than  ten  inches  from  the 
collar  of  the  horse,  the  same  to  be  kept  conspicuously  to  view.    Painting  or  cover- 


APl'KNKIX  TO  RKVISKO  CODE.  j]55 

rilAlV    XXIIl  UCKNSKS. 

lug  over  the  plates,  or  pliuliiK  the  plate  upon  any  other  vehicle  than  the  one  for 
which  the  same  was  issued,  except  as  hereinafter  provided,  will  be  deemed  a  mis- 
demeanor, and  upon  conviction  the  owner  of  the  vehicle  shall  be  Oned  as  provided 
in  Section  Seventeen  Hundred  and  Twenty-seven.  A  copy  of  this  section  shall  be 
furnished  by  the  license  commissioner  to  each  and  every  iierson  taking  out  n 
license  under  the  provisions  of  this  article;  provided,  any  person  or  persons  who 
shall  be  the  owner  or  owners  of  more  than  one  vehicle  belonging  to  c-ither  class 
aforesaid  and  who  shall  use  but  one  of  said  vehicles  at  any  one  time  upon  the 
streets  of  the  city,  and  who  shall  have  compiled  with  the  provisions  oi  this  article, 
and  in  accordance  therewith  paid  his  license  under  said  classification,  shall  be 
penuitttd  tn  place  the  number  of  said  license  upon  tlie  liarness  of  the  horse  or 
horses  intended  to  be  used  in  connection  with  said  vehicle,  and  a  registered  num- 
ber of  a  hiijher  gr;ido  may  be  used  on  or  for  a  vehicle  laxed  for  a  less  amount  by 
the  same  person:  and  provided,  further,  that  all  vehicles  kept  at  hotels  for  tlie 
use  of  hotel  patrons  shall  be  exempt  from  the  provisions  of  this  section;  and  that 
all  vehicles  belonging  to  the  City  of  St.  Louis  or  claimed  as  exempt  from  license 
by  reason  of  being  In  the  service  of  the  City,  shall  have  the  word  "City"  painted 
on  both  sides  of  the  outside  of  the  bed  or  body  of  said  vehicle. 

Sec.  17H.  Aildilional  Itond  He<|uire<l. — Whenever  applicalion  is  made  to  the 
License  Commissioner  by  the  owner  of  any  baggage  wagon  or  hackney  carriage 
for  a  license,  and  bond  shall  have  been  given  by  such  person  as  provltled  in  the 
preceding  seetion,  the  License  Commissioner  shall,  before  issuing  the  license  to 
such  person,  certify  to  one  of  the  Police  Justices  the  name  of  the  person  applying 
for  the  license,  the  kind  of  the  vehicle  and  the  number  thereon,  and  such  person 
shall  enter  into  additional  bond  with  good  and  sufiicient  security  to  be  approved 
by  the  Police  .lustice.  in  a  sum  not  less  than  one  hundred  dollars,  condilioned 
that  he  will  strictly  observe  and  abide  by  all  reciulrements.  provisions  and  pen- 
alties of  this  article,  and  the  Police  .Justice  after  approval  thereof  shall  transmit 
said  bond  to  the  License  Commissioner,  who  shall  file  the  same  in  his  office, 
whereupon  the  License  Commissioner  may  issue  the  license  to  such  person, — (a.) 

(a)  [Noie.]  This  section  was  repealed  />y  a  former  ordinance:  sec  note  to 
sec.  Rev.  Code.  sec.  1818. 

Sec.  171S.  (R.  C.  tec.  1822  1  Vehicle,-; — Wlial  Lights  to  be  Kxposed  On. 
Kvery  hackney  carriage,  cab  or  cabriolet,  when  driven  In  the  night,  shall  have 
fixed  on  some  conspicuous  part  of  the  outer  side  thereof  two  lighted  lamps,  with 
plain  glass  front  and  sides,  on  which  shall  be  painted  in  red  and  legible  figures. 
at  least  one  inch  long,  the  registry  number  thereof.  All  omnibuses  when  driven 
in  the  night  shall  have  lighted  lamps  or  candles  inside  thereof,  with  number  of 
said  omnibus  in  front  of  said  lamp  or  light.  All  wagons,  trucks,  automobiles, 
bicycles  and  all  other  wheeled  vehicles,  except  as  below  specified,  while  in  use  on 
the  streets  at  night,  shall  display  one  or  more  lights  or  lanterns.  .MI  trucks, 
wagons  or  other  vehicles  intended  for  heavy  hauling,  and  whose  ordinary  use  is 
during  the  daylight  hours,  shall,  while  in  use  on  the  streets  at  night,  display  one 
or  more  lights  between  the  hours  of  eight  p.  ni.  and  five  a.  m.  .V  fine  of  not  less 
than  five  nor  more  than  twenty-five  dollars  shall  be  assessed  for  a  violation  of  any 
of  the  provisions  of  this  section. 

Sec.     172t>.      (R.    C,    sec.     l.s:!o.)  I'loiiiiu    Kai.->    in    (  inriagr*.    Kic.      The, 

owner  or  driver  of  any  hackney  carriage,  or  other  vehicle  used  for  the  transpor- 
tation of  per-sons  for  hire,  shall  keep  on  the  inside  of  each  carriage  or  v(-hicle 
hung  up  in  a  conspicuous  and  prominent  manner  so  as  to  be  easily  seen  and  read, 
a  printed  copy  of  the  rates  of  established  fare  by  this  article.  Said  copy  shall  be 
printed  in  black  ink  on  thick  white  card  paper  not  less  than  ten  inches  square, 
and  the  type  used  for  printing  said  rales  shall  be  ronian  type  not  less  In  size  than 
that  known  as  double  i)rinier.  and  passengers  or  other  persons  employing  such 
carriage  or  other  vehicle  shall  have  the  right  to  examine  such  copy  before  paying 
their  fares. 

Said  cards  to  be  furnished  by  the  License  Commissioner:  provided,  that  the 
provisions  of  this  section  shall  not  apply  to  private  carriages  or  to  carriages  owned 
and  used  by  livery  stables. 

S<'C.  2.  Hackney  CurrliiKc  l><-lliie«l. — .\rtlcle  Tw"  •■(  rii.iMr.  r  Tw.mi\ -ihr....  of 
the   Municipal   Code  is  hereby   further  amended   by    ■  ,n 

to  be  known  as  Section  1739  A   [R.  C.  sec.  IS4.3aj.  .i  \. 

Wherever  the  ternt  hackney  carriage  is  used  in  the  pretediug  secliutm  II  Hhnii  be 
understood  to  mean  a  carriage  that  stands  on  the  public  streets  or  at  public  hack 
stands,  soliciting  public  patronage,  and  it  shall  not  Ih<  iinderslood  to  mean  a  car- 
riage kept  by  a  livery  firm  f<ir  private  use  or  for  prlvote  orders  only. 

Approved   March    13th.    1907. 


115C  APPENDIX  TO   REVISED   CODE. 

CHAP.   XXIII.  VEHICLES. 

(ORDINANCE   22673.) 

Velui-les— -Signal  Lights. — An  ordinance  to  amend  Section  1718  of  the  Mu- 
nicipal Code  of  the  City  of  St.  Louis  [R.  C,  sec.  1S22]  in  relation  to  signal  lights 
on  vehicles. 

Be  it  Ordained  by  the  Munkipal  Assembly  of  the  City  of  St.  Louis,  as  follows: 

Section  1.  Amend  Section  1718  of  the  Municipal  Code  [R.  C,  sec.  1822]  by 
striking  out  said  section  and  inserting  in  lieu  thereof  the  following; 

Sec.  1718.  Vehicles — What  Lights  to  be  Exposed.  On  every  hackney  car- 
riage, cab  cr  cabriolet,  when  driven  in  the  night,  shall  have  |be]  fixed  en  some  con- 
Bpicuous  part  of  the  outer  side  thereof  two  lighted  lamps,  with  plain  glass  front 
and  sides,  on  which  shall  be  painted  in  red  and  legible  figures,  at  least  one  inch 
long,  the  registry  number  thereof.  All  omnibuses,  when  driven  in  the  night,  shall 
have  lighted  lamps  or  candles  inside  thereof,  with  number  of  said  omnibus  in 
front  of  said  lamp  or  light.  All  wagons,  trucks,  automobiles,  bicycles  and  all 
other  wheeled  vehicles,  except  as  below  specified,  while  in  use  on  the  streets  at 
night,  shall  display  one  or  more  lights  or  lanterns. 

All  trucks,  wagons  or  other  vehicles  intended  for  heavy  hauling,  and  whose 
ordinary  use  is  during  the  daylight  hours,  shall,  while  in  use  on  the  streets  at 
night,  display  one  or  more  lights  between  the  hours  of  eight  p.  m.  and  five  a.  m. 

A  fine  of  not  less  than  five  nor  more  than  twenty-five  dollars  shall  be  as- 
sessed for  a  violation  of  any  of  the  provisions  of  this  section. 

Approved  November  15,   1906. 


CHAPTER  XXVll. 

RECORDER  OF  DEEDS. 
(ORDINANCE  22883.) 

Recorder  of  Deeds — Employes. — An  ordinance  to  repeal  Ordinance  Number 
21569,  entitled  "An  ordinance  to  repeal  Sections  1937  and  1938  of  the  Municipal 
Code  of  St.  Louis,  and  to  enact  two  new  sections  in  lieu  thereof,  to  be  known  as 
Sections  1937  [R.  C,  sec.  2054],  and  1938  [R.  C,  sec.  2055],  respectively,  in  re- 
lation to  the  Recorder  of  Deeds,  approved  September  26,  1904,  also  Ordinance 
15107.  entitled  "An  ordinance  amendatory  of  Chapter  Thirty-five  of  an  ordinance 
in  revision  of  the  ordinances  of  the  City  of  St.  Louis  and  to  establish  new  ordinance 
provisions  for  the  government  of  said  City,  approved  April  12.  1887.  as  amended 
by  Ordinance  Number  14341,  approved  March  6,  ISSS,  in  relation  to  the  Recorder 
of  Deeds,  approved  June  26.  1889,  and  also  Sections  1940  of  the  Municipal  Code 
of  St.  Louis,  and  to  enact  in  lieu  thereof  two  new  sections  to  be  known  as  Sections 
1937  and  1938,  respectively,  in  relation  to  the  Recorder  of  Deeds. 

Be  it  Ordained  by  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  follows: 

SeQtion  1.  Ordinance  Number  21569,  entitled  "An  ordinance  to  repeal  Sections  1937 
and  1938  of  the  Municipal  Code  of  St.  Louis,  and  to  enact  two  new  sections  in 
lieu  thereof  to  be  known  as  Sections  1937  and  1938,  respectively,  in  relation  to 
the  Recorder  of  Deeds,  approved  September  26,  1904.  and  Ordinance  Number 
15107,  entitled  "An  ordinance  amendatory  of  Chapter  Thirty-five  of  an  ordinance 
in  revision  of  ordinances  of  the  City  of  St.  Louis,  and  to  establish  new  ordinance 
provisions  for  the  government  of  said  City,  approved  April  Twelfth,  18S7,  as 
amended  by  Ordinance  14341,  approved  March  6,  1888,  in  relation  to  the  Recorder 
of  Deeds,  approved  June  26,  1889,  and  section  1940  of  the  Municipal  Code  of  St. 
Louis  are  hereby  repealed  and  the  following  two  new  sections  are  hereby  enacted 
in  lieu  thereof,  to  be  known  as  Sections  1937  and  1938.  respectively. 

Sec.  1937.  [R.  C,  sec.  2054.]  The  Recorder  shall  receive  a  salary  of  Four 
Thousand  Dollars  per  annum,  he  shall  collect  all  fees  as  prescribed  by  law.  and 
pay  the  same  into  the  City  Treasury  daily.  He  is  authorized  to  appoint  the  fol- 
lowing deputies,  clerks  and  assistants:  One  Chief  Deputy  and  six  deputies,  one 
of  whom  shall  be  known  as  releasing  deputy:  one  marriage  license  clerk,  one 
assistant  marriage  license  clerk;  each  of  the  above  employes  shall  be  empowered 
to  administer  oaths;  one  superintendent  of  index,  folio  department,  one  competent 
draughtsman,  eight  comparers,  two  indexers,  cme  delivery  clerk,  two  janitors,  one 


APPENDIX  TO  UKVISED  CODE.  II57 

CHAP.   XXVII.  RECORDER  OF  DEI5Da 

watchman  of  records;  one  marriage  Indexer.  who  shall  be  a  competent  stenog- 
rapher, and  such  recording  clerks  In  (olio  department  as  the  business  of  the  de- 
partment may   require. 

Sec.  193S.  The  above-named  employes  shall  receive  in  full  payment  for  their 
services  the  following  salaries:  The  chief  deputy  two  hundred  dollars  pi-r  month; 
the  deputies  each  one  hundrtd  and  twenty-live  dollars  prr  month:  tin-  siipi  rin- 
tendent  of  Index  and  folio  department  one  hundred  dollars  per  month:  the 
draughtsman  one  hundred  dollars  per  month;  the  comparers  each  ninety  dollars 
per  month;  the  indexers  each  one  huntlred  dollars  per  month:  the  delivery  clerk 
seventy-five  dollars  per  month;  the  janitors  each  fifty  dollars  per  month:  the 
watchman  of  records  fifty  dollars  per  monih;  the  marriase  license  clerk  one  hun- 
dred dollars  per  month:  the  assistant  marriage  license  clerk  seventy-five  dollars 
per  month:  the  marriage  indexer  seventy-five  dollars  per  month;  the  recording 
clerk  iShall  be  paid  at  the  rate  of  five  cents  per  folio  of  one  hundred  words.  The 
number  of  recording  clerks  shall  not  exceed  ten  unless  the  Increase  of  business 
of  the  office  renders  additional  recording  clerks  Indispensable,  and  all  recorder 
clerks  In  excess  of  ten  shall  be  appointed  only  with  the  approval  of  the  Mayor. 

Approved  March  13th.   1907. 


CHAPTER  XXIX. 

OF  ASSESSME.NT  OF  PROPERTY. 

ARTICLE   I. 

BOARD  OF  ASSESSORS. 

(ORI)IX.AXCK  220;«).) 

.Assessment  Districts. — An  ordinance  to  amend  Sections  196S,  1969,  1970, 
1971,  1972.  1973.  1974,  197.5,  1976  and  1977,  of  the  .Municipal  Code  of  the  City 
of  St.  Louis  [R.  C,  sees.  20Sa  to  2094],  in  relation  to  assessment  districts. 

Be  it  Ordained  by  the  ilutiicipal  Assembly  of  the  City  of  St.  Louis,  as  follows: 

Section  1.  Sections  196S,  1969.  1970,  1971.  1972,  1973,  1974.  1975.  1976 
and  1977.  of  the  Municipal  Code  are  hereby  amended  by  striking  out  said  sections 
and   inserting   in    lieu   thereof   the   following: 

Sec.  1968.  First  District.  Shall  embrace  all  that  territory  bounded  on  the 
north  by  Cherokee  street  from  the  Mississippi  river  to  Grand  avenue,  and  Mc- 
Donald avenue  from  Grand  avenue  to  Morganford  road  and  Fyler  avenue  from 
Morganford  road  to  center  line  of  River  des  Peres  and  Piccadilly  avenue  from 
center  line  of  River  des  Peres  to  City  Limits  of  Eighteen  Hundred  and  Seventy- 
eix.  East  by  the  Mississippi  river  and  south  and  west  by  City  Limits  of  Eighteen 
Hundred  and  Seventy-six. 

Sec.  1969.  Second  District.  Bounded  on  the  north  by  Triideau  street  and 
North  Trudeau  street  from  Mississippi  river  to  Broadway  and  Shenandoah  ave- 
nue from  Broadway  to  Tower  Grove  avenue,  thence  south  along  east  line  of  Tower 
Grove  avenue  to  south  line  of  Magnolia  avenue:  thence  west  along  Magnolia  ave- 
nue to  King's  Highway  boulevard,  thence  so\ith  along  King's  Highway  boulevard 
to  Fyler  avenue:  on  the  south  by  the  north  boundary  of  the  First  District  from 
Mississippi   river  to  King's  Highway   boulevard;   on   the  east    by   .Mississippi   river. 

Sec.  1970.  Third  District.  Hounded  on  the  south  by  the  north  boundary  of 
the  Second  District,  on  the  north  by  Miller  street  from  .Mississipiii  river  to  Broad- 
way and  Park  avenue  from  Broadway  to  west  line  of  Tower  Grove  avenue,  thence 
north  along  west  line  of  Tower  Grove  avenue  to  .Manchester  avenue,  thence  west 
along  .Manchester  avenue  to  King's  Highway  boulevard,  west  by  King's  Highway 
boulevard,  east  by  the  .Mississippi   river. 

Sec.  1971.  Fourth  District.  Bounded  on  the  south  by  north  boundary  of 
the  Third  District,  on  the  north  by  Market  street  from  .Mississippi  river  to  Junc- 
tion of  .Market  street  with  Laclede  avenue,  thence  west  along  Laclede  avenue  to 
Taylor  avenue,  west  by  Taylor  avenue  and  east  by  Mississippi  river. 

Sec.  1972.  Fifth  District.  Bounded  south  by  north  boundary  of  Fourth  Dis- 
trict, on  the  north  by  Lucas  avenue  from  .Mississippi  river  to  Grand  avenue  and 
Delmar  boulevard  from  Grand  avenue  to  Taylor  avenue,  on  the  east  by  Mis- 
sissippi river,  on  the  west  by  Taylor  avenue. 


H58  APPENDIX  TO   REVISED   CODE. 

CHAP.    XXIX.  ASSESSMENT    OF    PROPERTY. 

Sec.  1973.  Sixth  District.  Bounded  on  the  south  by  north  boundary  of 
Fifth  District,  on  the  north  by  Mullanphy  street  from  JSIississippi  river  to  Broad- 
way and  Cass  avenue  from  Broadway  west  to  its  junction  with  Easton  avenue, 
thence  west  along  Easton  avenue  to  Taylor  avenue,  on  the  east  by  Mississippi 
river,  on  the  west  by  Taylor  avenue. 

Sec.  1974.  Seventh  District.  Bounded  on  the  south  by  north  boundary  of 
Sixth  District,  on  the  nortli  by  St.  Louis  avenue  from  Mississippi  river  to  Tenth 
street,  Hebert  street  from  Tenth  street  to  Prairie  avenue  and  Ashland  avenue 
from  Prairie  avenue  to  Taylor  avenue,  on  the  east  by  Mississippi  river,  on  the  west 
by  Taylor  avenue. 

Sec.  1975.  Eighth  District.  Bounded  on  the  south  by  north  boundary  of 
Seventh  District  and  Natural  Bridge  road  from  Taylor  avenue  to  City  Limits  of 
Eighteen  Hundre.d  and  Seventy-six.  on  the  east  by  Mississippi  river,  on  the  north 
and  west  by  City  Limits  of  IDighteen  Hundred  and  Seventy-six, 

Sec.  197  6.  Ninth  District.  Bounded  on  the  north  by  Natural  Bridge  road 
from  Taylor  avenue  to  City  Limits  of  Eighteen  Hundred  and  Seventy-six,  east  by 
Taylor  avenue  from  center  line  of  Lewis  place  to  Natural  Bridge  road,  on  the 
south  by  center  line  of  Lewis  place  from  Taylor  avenue  to  Walton  avenue  and 
Fountain  avenue  from  Walton  avenue  to  King's  Highway  boulevard,  Cabanne 
avenue  from  King's  Highway  boulevard  to  Union  boulevard.  Maple  avenue  from 
Union  boulevard  to  City  Limits  of  Eighteen  Hundred  and  Seventy-six,  and  west 
by  City  Limits  of  Eighteen   Hundred  and  Seventy-six. 

Sec.  1977.  Tenth  District.  Bounded  on  north  by  south  boundary  of  Ninth 
District,  east  by  west  boundaries  of  Districts  Two,  Three,  Four,  Five  and  Six; 
south  by  north  boundary  of  First  District  from  King's  Highway  boulevard  to  City 
Limits  of  Eighteen  Hundred  and  Seventy-six,  and  west  by  City  Limits  of  Eighteen 
Hundred  and  Seventy-six. 

Approved  March  21st,  1907. 


CHAPTER  XX.Xl. 

SUB.IECTS    AND    01!,1ECTS    OF    LICENSES. 

ARTICLE  IV. 

OF  DRAMSHOPS. 

(OIJIUXANCE   228GH.) 

Di'ain.sliops — Saloons  Near  Cci-tain  Parks  I'roliihited. — An  ordinance  to  re- 
peal Section  L'037  of  the  Municipal  Code  of  the  City  of  St.  Louis,  relating  to  the 
establishment  and  location  of  saloons,  and  to  enact  in  lieu  thereof  a  new  section, 
to  be  known  as  Section  2037. 

Be  it  Ordained  iy  the  Municipal  Assemhly  of  the  City  of  St.  Louis,  as  follows: 

Section  1.  Section  203  7  of  the  Municipal  Code  of  the  City  of  St.  Louis  is 
hereby  repealed. 

Sec.  2.  The  following  section,  to  be  known  as  Section  2037,  is  hereby  enact- 
ed in  lieu  of  Section  2037,  hereinbefore  repealed.  Said  new  section  to  read  as 
follows: 

Sec.  2037.  No  saloon  shall  hereafter  be  establislied,  opened  or  located  on 
any  lot  of  ground,  or  in  any  building  within  four  hundred  feet  of  Lafayette, 
Tower  Grove,  O'Fallon,  Carondelet  and  Forest  Parks;  provided,  however,  that  this 
provision  shall  not  apply  to  hotels  or  apartment  house  buildings  of  not  less  than 
two  hundred  and  fifty  rooms,  which  buildings  are  so  constructed  as  to  be  build- 
ings of  the  first  class,  as  defined  by  the  building  laws  of  the  City  of  St.  Louis. 

Approved   March    11,    1907. 

ARTICLE   VII. 

HOTELS  AND  BOARDING  HOUSES. 

(OUDINANCK  22573.) 

Hol<'l  License. — An  ordinance  to  amend  Section  2054  of  the  Municipal  Code 
of  SI.  Louis  [R.  C,  sec.  2174],  in  relation  to  the  licenses  of  Hotels  and  Boarding 
Houses. 


ahpi;ni>ix  to  uicvishu  codk  1159 

i"ll.\r     XXXI  MCKNSKS. 

Re  it  Ordained  by  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  follows: 

Section  1.  Section  2054  of  the  Miinlcliml  Code  [R.  C.  sec.  2174]  of  St.  Louis  Is 
hereby  amended  by  strlkinK  out  said  section  and  substituting  and  IrseriUiK  u  new 
st'ction  in  lieu  thereof,  to  be  known  by  the  same  number,  so  that  the  section  as 
amended  shall  read  as  follows: 

Sec.  20.'p-l.  There  shall  be  levied  and  collected  for  every  hotel  or  bonrdhiK 
house  the  sum  of  fifty  cents  for  each  and  every  room  in  such  house,  which  has 
been  constructed  or  intended  to  be  used  as  bedrooms  or  parlors,  the  payment  of 
which  amount  shall  entitle  such  hotel  or  boardlns  house  to  a  license  for  one 
year,  and  no  license  shall  be  issued  for  a  less  term  than  one  year,  said  license 
in  each  case  to  run  from  the  first  day  of  February  of  such  year. 

Approved  Oct.   2,   1906. 

AKTK'LIC   VI II. 

HOUSE  AND  RKAI.  KSTATE  AGENTS. 

(OKlilN  \\t  i:    JJ.-.ilT.) 

Hfa\  I-Nl«lc  .Ajfciits'  LicenscK. — .\n  ordinance  to  amend  Section  Number 
2058  of  the  Municipal  Code  of  St.  Louis  [R.  C,  sec.  2178],  In  relation  to  real  estate 
agents'  and  brokers"  licenses. 

Be  it  Ordaincil  ly  the  Miiniriiial  Assembly  of  the  City  of  St.  Litiiis.  as  follows: 

Section  1.  Section  number  2058  of  the  Municipal  Code  of  St.  Louis,  in  relation 
to  real  estate  asents'  and  brokers'  licenses,  is  hereby  amended  by  slrikiuK  out  said 
section  and  substituting  and  iusertinR  a  new  section  in  lieu  thereof,  to  be  known  by 
the  same  number,  so  that  said  section,  as  amended,  shall  read  as  follows: 

Sec.  20.i8.  Every  person  or  firm,  composed  of  one  or  more  persons,  engaged 
In  the  business  defined  in  the  foreKoin.e:  sections  shall  pay  an  annual  license  of 
twenty-five  dollars,  which  shall  be  payable  before  any  such  person  or  llrm  shall 
be  permitted  to  transact  any  business:  and  If  such  person  or  persons  fail  to  pay 
said  license,  then  he  or  they  shall  be  deemed  Kuilty  of  a  misdemeanor,  and,  upon 
conviction  thereof,  be  fined  not  less  than  one  hundred  dollars  nor  more  than  two 
hundred  dollars,  said  license  in  each  case  to  run  from  the  first  day  of  May  of  such 
year. 

Approved  October  ir)th.  1906. 

ARTICLE  XII. 
OF  ORDINARIES  OR  RESTAURANTS. 

(i>i:i)i\  \\(  r.  •j*j.-.i»(t. ) 

OrdiniiricH  «i:d  Rostauniiit.s. — An  ordinance  to  amend  Section  2086  of  the 
Muiiiiipal  ("ode  [K  C.  sees.  22ii7.  220S]  of  St.  Louib',  as  amended  by  ordinance 
number  2i).'i2s,  in   relation   to  ordinaries. 

Be  it  Ordained  by  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  follows: 

Section  1.  Section  2086  of  the  Municipal  Code  of  St.  Louis,  as  amended  by 
ordinance  number  2i'r.2S  (  R.  C.  sees.  2207.  220S).  Is  herebv  amended  bv  striking  out 
said  section  and  subslitutin;;  and  inserting  a  new  section  in  lieu  thereof  to  be  known 
by  the  same  number,  so  that  said  section,  as  amended,  shall  read  as  follows: 

Sec.  2086.  Ordinaries  or  restaurants  are  hereby  divided  into  four  classes: 
Ordinaries  or  restaurant^  of  the  first  class  are  those  with  a  seating  capacity  for  one 
hundred  or  more  patrons  or  guests;  ordinaries  or  restaurants  of  the  second  class 
are  those  with  a  sealing  capacity  for  more  than  fifty  and  less  than  one  hundred 
patrons  or  guests:  ordinaries  or  restaurants  of  the  third  class  are  those  with  a 
capacity  for  seating  twenty  or  less  than  fifty  patrons  or  guests:  ordinaries  or 
restaurants  of  the  fourth  class  are  those  with  a  capacity  for  seating  twenty  or  less 
patrons  or  guests.  On  all  ordinaries  or  restaurants  of  the  first  class  there  shall 
be  levied  and  collected  as  a  license  the  sum  of  fifty  dollars,  which  license  shall 
authorize  the  party  therein  named  to  carry  on  the  business  of  an  ordinary  or 
restaurant  of  the  first  class  for  a  term  of  six  months.  On  all  ordinaries  or  res- 
taurants of  the  second  class  there  shall  be  levied  and  collected  as  a  license  the 
sum  of  thirty  dollars,  which  license  shall  authorize  the  i)arty  therein  named  to 
carry  on  the  business  of  an  ordinary  or  restaurant  of  the  second  class  for  a  term 


2160  APPENDIX  TO  REVISED  CODE. 

CHAP.   XXXI.  LICENSES. 

of  six  months.  On  all  ordinaries  or  restaurants  of  the  third  class  there  shall  be 
levied  and  collected  as  a  license  the  sum  of  ten  dollars,  which  license  shall  au- 
thorize the  party  therein  named  to  carry  on  the  business  of  an  ordinary  or  restau- 
rant of  the  third  class  for  a  term  of  si.x  months,  and  on  all  ordinaries  or  restau- 
rants of  the  fourth  class  there  shall  be  levied  and  collected  as  a  license  the  sum  of 
five  dollars,  which  license  shall  authorize  the  party  therein  named  to  carry  on  the 
business  of  an  ordinary  or  restaurant  of  the  fourth  class  for  a  term  of  six  months, 
said  license  in  each  case  to  run  from  the  first  day  of  May  or  November  of  such 
year.  Any  person  or  persons,  firm  or  corporation,  who  shall  carry  on  the  business 
of  an  ordinary  or  restaurant  of  any  said  classes  without  first  obtaining  a  license 
therefor  from  the  License  Collector,  or  who,  under  a  license  for  an  ordinary  or 
restaurant  of  one  class,  shall  carry  on  the  business  of  an  ordinary  or  restaurant 
of  a  higher  class,  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  be  fined  not  less  than  twenty-five  dollars  nor  more  than  one  hundred 
dollars. 

Approved  October  15,  1906. 

ARTICLE  XIV. 

OP  PEDDELRS  AND  HAWKERS. 

(OHDIX.AXCE   22574.) 

Peddlers'  and  Hawkers'  License. — An  ordinance  to  amend  Section  2100  of  the 
Municipal  Code  [R.  C,  sec.  2222]  of  St.  Louis,  in  relation  to  license  of  peddlers 
and  hawkers. 

Be  it  Ordained  by  the  Municipal  Assenihh/  of  the  City  of  St.  Louis,  as  follows: 

Section  I.  Section  Number  2100  of  the  Municipal  Code  [R.  C,  sec.  2222]  of  St. 
Louis,  in  relation  to  license  of  peddlers  and  hawkers,  is  hereby  amended  by  striking 
out  said  section  and  substituting  and  inserting  a  new  section  in  lieu  thereof,  to  be 
known  by  the  same  number,  so  that  said  section  as  amended  shall  read  as  follows: 

Sec.  2100.  There  shall  be  levied  and  collected  of  every  person  carrying  on 
the  business  of  a  peddler  or  hawker,  who  carries  the  goods  he  offers  for  sale  on 
foot  or  in  push  cart,  the  sum  of  ten  dollars,  and  there  shall  also  be  levied  and 
collected  of  every  person  carrying  on  the  business  of  peddler  or  hawker  who 
carries  the  goods  he  offers  for  sale  in  one-horse  wagon,  or  other  vehicle,  the  sum 
of  fifteen  dollars,  and  for  a  two-horse  wagon  or  other  vehicle  the  sum  of  twenty- 
five  dollars,  the  payment  of  which  shall  entitle  such  peddler  or  hawker  to  a  license 
for  a  period  of  twelve  months,  and  shall  exempt  him  from  the  payment  of  a  li- 
cense for  such  vehicle.  Every  such  license  shall  show  the  place  of  residence  of 
such  peddler  or  hawker,  and  such  peddler  or  hawker  shall  have  his  name  and  the 
number  of  his  license  painted  conspicuously  on  both  sides  of  his  wagon,  .or  other 
vehicle,  and  shall  carry  such  license  with  him  and  exhibit  the  same  whenever  re- 
quired by  any  police  or  other  officer  authorized  under  the  law  or  ordinance  to 
make  arrests.  Any  wagon  peddler  duly  licensed  under  this  article  may  have  one 
driver  to  assist  him,  but  no  other  assistants,  while  engaged  in  peddling  or  hawk- 
ing, and  only  one  person  shall  engage  in  peddling  or  hawking  as  foot  peddler  or 
with  push  cart  under  any  license  issued  in  pursuance  of  this  article,  said  license  to 
run  from  the  first  day  of  June  of  such  year. 

Approved  October  2,  1906. 

ARTICLE  XV. 

OF   RAILWAY    TICKET   BROKER^. 

(ORDINANCE  22«(>0.) 

Railway  Ticket  Brokers'  Licenses. — An  ordinance  to  amend  Section  Number 
2111  of  the  Municipal  Code  of  St.  Louis  [R.  C,  sec.  2233],  in  relation  to  licenses  of 
railroad  ticket  brokers. 

Be  it  Ordained  t>y  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  folloics: 

Section  1.  Section  Number  2111  of  the  Municipal  Code  of  St.  Louis  iR.  C,  sec. 
2233],  is  hereby  amended  by  striking  out  said  section  and  substituting  and  inserting 
a  new  section  in  lieu  thereof,  to  be  known  by  the  same  number,  so  that  said  section, 
as  amended,  shall  read  as  follows: 


APPENI'IX  TO   HEVISED  COPH.  HtJl 

CHAT    XXXI.  LICENSES. 

Sec.  2111.  There  shall  be  levied  and  collected  on  every  license  granted  un- 
der this  article  the  sum  of  fifty  dollars  before  the  delivery  thereof.  Each  license 
shall  be  granted  for  one  year,  and  on  Its  face  shall  plainly  exi)ress  that  It  will  be 
forfeited  by  any  violation  of  this  article,  and  shall  also  show  plainly  the  time  when 
It  shall  expire,  together  with  the  name  of  the  person  authorized  to  do  business 
under  the  license,  as  also  express  on  Its  face  that  the  license  shall  entitle  the 
person  named  therein  to  carry  on  the  business  of  ticket  brolter  at  the  office  only, 
said  license  to  run  from  the  first  day  of  May  of  such  year. 

Approved  Oct.  15th.  1906. 

ARTICLK  XVII. 
OF  STOCKYARDS.  SALES  STABLES   A.\D  HOUSIC   AND  tWTTLE   DEALERS. 

(OKIHN  \N«'l-:  :.':i.-.)ii>. ) 

Stocli  Yiir«Ls  License. — .\n  ordinance  amending  Section  Number  Twenty-one 
Hundred  and  Twenty-eight  of  the  Municipal  Code  of  St.  Louis  [R.  C,  sec.  2250], 
In  relation  to  license  of  stock  yards. 

Be  it  Ordained  6v  the  Municipal  Assemblu  of  the  City  of  St.  Louis,  as  follows: 

Section  1.  Section  Number  Twenty-one  Hundred  and  Twenty-eight  of  the 
Municipal  Code  of  St.  Louis  [R.  C.  sec.  22ri0].  in  relation  to  license  of  stock 
yards.  Is  hereby  amended  by  striking  out  said  section  and  Inserting  In  lieu 
thereof  a  new  section,  to  be  known  by  the  same  number,  so  that  said  section,  as 
amended,  shall   read  as  follows: 

Sec.  21 28.  The  proprietor  of  each  stock  yard  in  the  city  shall  pay  in  advance 
to  the  collector  an  annual  city  license  therefor  of  one  hundred  and  fifty  dollars, 
said  license  to  run  from  the  first  day  of  January  of  such  year. 

Approved  October   15th.   190G. 

(ORlilNWXCK  :::;r>i»«.) 

Sales  Stal>li> — l.ircnses. — An  ordinance  to  amend  Section  Number  Twenty- 
one  Hundred  and  Twenty-nine  of  the  Municipal  Code  of  St.  Louis  [R.  C.  sec. 
2251].  in  relation  to  licenses  for  sales  stables. 

Be  it  Ordained  by  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  follows: 

Section  1.  Section  Number  Twenty-one  Hundred  and  Twenty-nine  of  the 
Municipal  Code  of  St.  Louis  [R.  C.  sec.  2251]  is  hereby  amended  by  striking  out 
said  section  and  inserting  and  substituting  a  new  section  in  lieu  thereof,  to  be 
known  by  the  same  number,  so  that  said  section,  as  amended,  shall  read  as  follows: 

Sec.  2129.  The  proprietor  or  keeper,  or  the  proprietors  or  keepers,  of  each 
sale  stable  in  the  city  shall  pay.  In  advance,  an  annual  license  therefor  of  twenty- 
five  dollars,  said  license  to  run  from  the  first  day  of  January  of  such  year. 

Approved  October  15th.   190R. 

((>i:iil  S  WfK  -J-jcoi.) 

I.irciisc  iif  II. .iM  .111(1  ('.ml.  Di-nlers. — An  ordinance  amending  Section  Num- 
ber Twenty-one  Hundred  and  Thirty  of  the  Municipal  Code  of  St.  Louis.  Id  rela- 
tion to  license  of  horse  and  cattle  dealers. 

Be  it  Ordained  by  the  .Municipal  Assembly  of  the  City  of  St.  Louis,  as  follows: 

Section  1.  Section  Number  Twenty-one  Hundred  and  Thirty  of  the  Municipal 
Code  of  St.  Louis  [R.  C.  sec.  2252]  Is  hereby  amended  by  striking  out  snid  sec- 
tion and  substituting  and  Inserting  in  lieu  thereof  a  new  section  to  be  known  by 
the  same  number  so  that  said  section  as  amended  shall  read  as  follows: 

Sec.  2130.  [  R.  C  sec.  2252.]  Each  jierson  or  persons,  copartnership  or 
corporation  engaged  In  the  city  in  the  business  of  horse  and  cattle  dealer  or 
dealers,  as  defined  In  this  article,  shall  pay  in  advance  an  annual  license  therefor 
of  twenty-five  dollars,  said  license  in  each  case  to  run  from  the  first  day  of  Jan- 
uary of  such  year. 

Approved  October  15th.  1906. 


1162  APPENDIX   Tt)   REVISED   CODE. 

CHAP.  XXXVII.  TREASURY 

ARTICLE   XX. 

MISCBn:.LANEOUS  PROVISIONS. 

( OKI  )INANCE   22570. ) 

Lioen.sfs — Terms. — An  ordinance  amending  Section  Number  Twenty-one 
Hundred  and  Forty-nine  [R.  C,  sec.  2275]  of  the  Municipal  Code  of  St.  Louis,  in 
relation  to  term  of  licenses. 

Be  it  Ordained  by  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  folloios: 

Section  1.  Section  Twenty-one  Hundred  and  Forty-nine  of  the  Municipal 
Code  of  St.  Louis  [R.  C,  sec.  2275],  in  relation  to  term  of  licenses,  is  hereby 
amended  by  striking  out  said  section  and  substituting  and  inserting  in  lieu  thereof 
a  new  section,  to  be  known  by  the  same  number,  so  that  said  section,  as  amended, 
shall  read  as  follows: 

Sec.  2149.  Licenses  grantfd  under  this  article  shall  continue  in  force  twelve 
months,  except  as  otherwise  provided.  No  license  of  any  kind  shall  be  issued  for 
a  shorter  period  than  that  specified  in  each  instance  in  this  article,  except  in  such 
cases  as  upon  full  statement  of  the  facts  appear  to  the  License  Collector  worthy 
of  charitable  consideration,  and  that  the  applicants  are  truly  unable  to  pay  license 
for  the  full  period  stated.  In  such  cases  the  License  Collector,  with  the  approval 
or  upon  the  recommendation  of  the  Mayor,  is  authorized  to  Issue  license  for 
shorter  periods,  not  less  than  one  month,  at  pro  rata  rates,  unless  otherwise 
therein  provided  licenses  granted  for  twelve  months  shall  be  for  periods  beginning 
at  the  following  dates:  Bill  Posters  and  Theaters,  January  first;  Engravers  and 
Lithographers,  April  first;  Photographers,  May  tirst,  and  Mercantile  Agents,  July 
first. 

Approved  October  2,   1906. 


CHAPTtR  XXXVII. 

TREASURY    DEPARTMENT. 

ARTICLE   I. 

OF  THE   DEPARTMENT. 

(ORDINANCE   22805.) 

Renewal  Bonds. — An  ordinance  authorizing  the  Mayor  and  Comptroller  to 
issue  and  sell  bonds  of  the  City  of  St.  Louis  in  renewal  of  bonds  for  which  the 
City  of  St.  Louis  is  liable. 

Be  it  Ordained  by  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  foUoivs: 

Section  1.  Under  authority  of  Section  Twenty-six,  Article  Three,  of  the 
Charter  of  the  City  of  St.  Louis,  the  Mayor  and  Comptroller  are  hereby  authorized 
to  issue,  sell  and  deliver  bonds  of  the  City  of  St.  Louis  to  an  amount  not  exceed- 
ing two  million  dollars,  to  redeem  renewal  bonds  amounting  to  two  million  dollars 
maturing  June  twenty-fifth,  nineteen  hundred  and  seven,  which  said  bonds  thus 
maturing  were  issued  under  authority  of  Ordinance  Thirteen  Thousand  Nine  Hun- 
dred and  Thirty-two,  approved  March  Fifteenth,  eighteen  hundred  and  eighty- 
seven  . 

Sec.  2.  The  bonds  authorized  by  this  ordinance  and  the  coupons  attached 
thereto  shall  be  made  payable  to  the  bearer  in  United  States  gold  coin  in  the  City 
of  New  York,  or,  if  he  so  elects,  in  the  City  of  London,  England,  in  pounds  ster- 
ling, at  the  rate  of  four  dollars  eighty-six  cents  six  and  one-half  mills,  and  at 
such  place  therein  as  the  Mayor  and  Comptroller  may  determine.  Said  issue  of 
bonds  shall  be  dated  the  twenty-fifth  day  of  June,  nineteen  hundred  and  seven, 
and  shall  consist  of  two  thousand  bonds  of  the  par  value  of  one  thousand  dollars 
each,  and  shall  bear  interest  at  a  rate  not  to  exceed  four  per  centum  per  annum, 
payable  semi-annually,  and  said  interest  shall  be  represented  by  semi-annual  cou- 
pons attached  to  said  bonds,  the  principal  of  said  bonds  shall  be  payable  twenty 
years  from  date  of  their  issue,  and  both  principal  and  interest  shall  be  payable 
in  gold  coin  of  the  United  States,  of  the  present  standard  of  weight  and  fineness, 
and  in  pounds  sterling  in  London  as  above  provided. 


Al*PKNI>IX  TO  UKVISICU  CODB.  1  [(jj 

«IIAI'    XXXVIIl  COI.LECTolt    WATKK    IIATKS. 

Sec.  3.  Said  bonds  shall  be  ensraved  and  shall  be  signed  by  the  Mayor, 
Comptroller  and  Treasurer  of  the  City  of  St.  Louis,  and  attested  by  the  ReRlster 
with  the  seal  of  the  City  of  St.  Louis  thereto  affixed,  and  shall  in  all  ros|)ects  be 
numbered  and  registered  as  other  city  bonds,  the  name  of  tlie  City  Treasurer  may 
be  engraved  on  the  coupon.  Said  bonds  shall  contain  a  provision  that  they  may. 
at  the  option  of  the  holder,  be  exchangeablo  for  registered  bonds. 

Sec.  l.  The  Mayor  and  Comptroller  shall  sell  said  bonds  for  the  best  ob- 
tainable price,  either  at  public  or  private  sale,  as  they  may  deem  most  expedient. 
The  Coni|)trollfr  of  the  City  of  St.  Louis  shall  deliver  the  said  bonds  to  the  pur- 
chaser thereof  on  receipt  of  the  purchase  money  or  a  certified  check  therefor,  pay- 
able to  the  order  of  the  City  of  St.  Louis,  and  the  i)roceeds  of  the  sale  of  said 
bonds  are  hereby  appropriated  to  and  to  be  used  in  the  i)ayment  and  redemption 
of  the  principal  of  the  two  million  dollars  of  bonds  of  the  City  of  St.  l>ouis,  dated 
June  twenty-fifth,  eighteen  hundred  and  eighty-seven,  maturing  June  twenty- 
fifth,  ninetei'n  hundred  and  seven,  and  for  no  other  purpose,  and  said  maturing 
bonds  when  i)aid  shall  be  stamped  by  the  City  Auditor  as  follows:  This  bond  is 
l)aid  and  cancelled  out  of  the  proceeds  of  bonds  Issued  and  dated  June  twenty- 
fifth,   nineteen   hundred  and  seven. 

.•\pprove<l   .March   8,   1907. 


CHAPTHR   .W.WIII. 

WATER    KATES    DEPARTMENT. 

ARTICLE    I. 

OK  ASSESSOR  AND  COLLECTOR. 

(OltlMNAXCK   -JCtOOO.) 

.A.s.H^•^Mll•  and  Collritcir  of  Water  Hates — .Additional  Cii-rks. — An  ordinance 
authorizing  the  .Assessor  and  Collector  of  Water  Rates  to  appoint  three  additional 
clerks  and  two  additional  inspectors. 

Be  It  Ordained  hy  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  follotcs: 

Section  1.  In  addition  to  the  number  of  clerks  and  inspectors  now  em- 
ployed in  the  Water  Rates  Department,  the  Assessor  and  Collector  of  Water  Rates 
shall  be  empowered  to  appoint  five  additional  employes,  three  to  serve  as  clerks 
.Tnd  Inspectors,  at  ninety  dollars  per  month  salary,  and  two  as  inspectors  and  turn- 
keys at  seventy-five  dollars  |)er  month;  salaries  to  be  paid  monthly;  the  above  ap- 
pointments to  take  effect  in  the  beginning  of  the  next  fiscal  year,  .Ai)rll  ninth,  nine- 
teen hundred  and  seven. 

.•\l)proved  Ai)rll    1,    1!M)7. 


l;[(34  APPENDIX  TO   REVISED   CODE. 

MISCELLANEOUS. 
(OKI)IXAXC'K   22593.) 

Missouri  Historical  Society. — An  ordinance  authorizing  tlie  erection  in  For- 
est Parli  of  a  building  to  be  devoted  to  the  purposes  of  preserving  objects  of  his- 
torical archaeological  interest. 

Be  it  Ordained  bp  the  Municipal  Assembly  of  the  City  of  St.  Louis,  as  foUotvs: 

Section  1.  The  Missouri  Historical  Society,  a  Missouri  corporation,  is  hereby 
authorized  to  erect  within  Forest  park  in  this  city  a  building  which,  together  with 
the  site  upon  which  it  is  located,  shall  be  devoted  to  the  use  of  this  institution 
forever  as  trustee  for  the  people  of  Missouri  for  the  preservation  and  exhibition 
of  objects  of  historical  and  archaeological  value  and  interest  and  such  other  pur- 
poses as  are  or  may  become  usual  in  institutions  for  the  promotion  of  historical 
study,  research  and  instruction. 

Sec.  2.  The  location  of  said  building  shall  be  determined  by  the  Board  of 
Control  hereinafter  provided. 

Sec.  3.  Said  building  shall  be  erected  subject  to  the  following  provisions: 
The  building  when  completed  shall  be  the  property  of  the  city  for  the  uses  herein- 
after provided,  and  no  other.  The  building,  its  erection  and  its  permanent  man- 
agement shall  be  under  the  direction  and  jurisdiction  of  a  Board  of  Control  to 
consist  of  the  President  and  members  of  the  Advisory  committee  of  the  Missouri 
Historical  Society,  the  Mayor,  the  President  of  the  City  Council,  the  Speaker  of 
the  House  of  Delegates,  the  Comptroller,  the  President  of  the  Board  of  Public 
Improvements  and  the  Park  Commissioner  of  the  City  of  St.  Louis.  The  collec- 
tion of  articles  of  historical  and  archaeological  interest  in  said  building  shall  be 
kept  on  exhibition  free  of  charge  to  the  public,  within  reasonable  hours  of  the 
day,  under  the  reasonable  rules  and  regulations  of  said  Board  of  Control. 

Approved  October  12,  1906. 


INDEX  TO  REVISED  CODE  OK  GENERAL  ORDINANCES.  1165 

(  Index  to  Charter  and  yotes,  pp.  463-542. 

}   Index  to  Si  heme,  pp.  27fl-28(i. 

( Index  to  S/ore  Laws  for  St. Louis. int.22o-25<i. 

INDEX  TO  REVISED  CODE. 


ABATEMENT—  page.         sec. 

of  nuisances,  see  Siiisame. 
of  proceedings  In  Police  Courts,  by  death S18 


ABORTIONS— 

Bale  of  drugs  to  produce,  forbidden 687  546 

distribution  of  advertising  matter  for.  etc 873      ■  ,?," 

publication  in  newspaper  of  advertising  matter  concerning 873         1525 

ABSENCE— 

leave  of,   to  officers 90S         1688 

for  one  week,  without  leave,  vacates  office 90S        1688 

of  chief,  who  may  act.     See  names  of  officials. 

ACTIONS— 

for    recovery    of   money   paid    by   city   to   correct   violations   of 

building  code    611  219 

on  bond  of  City   Surveyors 614  237 

for  expense  occasioned  by  erection  of  drinking  fountains 620  272 

against  city  for  damages  by  Fire  Department.    (Note  to  Sec.  302)       629  302 

on   bond   of   ferry-keeper 659  421 

for  confiscation  of  milk,  officer  protected 679  509 

against  contractors  failing  to  reconstruct  when  ordered 756  892 

to  private  persons,  based  on  violation  of  ordinances.     (See  note 

to  Sec.  1234.  p.  810;   also  to  Sec.  1864,  p.  951). 

in  Police  Courts  for  fines,  violating  ordinances,  on  civil 816         12G5 

in  Police  Courts,  when  civil  and  when  criminal  in  nature.     (See 

note  to  Sec.   1265)    816 

in  Police  Courts — See  Police  Courts. 

in   which  City  a  party,   record  of  by  City  Counselor 841         1368 

duties   of   Clerks   of   City   Counselor   respecting — See   Appendix, 

Ord.    23038     1149 

(    849         1403 

not   affected   by   repeal   of   ordinances ■!     849         1405 

I    850         1406 

Mayor  to  cause   institution   of 866         1455 

on  bonds  securing  public  work.     See  note  to  Sec.  1989 987 

on   manufacturers'  bonds,   when  directed 1033         2190 

on  dralnlayers'  bond  for  defective  sewer  work 1060         2306 

for  defective  sewer   work   or  done   without   permit 1060         2307 

against  officers  owing  money  to  City  over  ten  days 1087         2417 

ADULTERATED  FOOD  OR  DRINK— 
of  milk— See  Milk. 

sale  of.  misdemeanor   688  551 

forbidden    688  552 

candy,  etc 688  550 

l)enalty  In  general   688  557 

ADVERTISEMENTS— 

by  publication — See  also  PuhUration. 

of   proposals  connected   with   street-construction   work.   etc. — See 

Streets  and  Highways. 

of     proposals     for     street -sprinkling     contracts  —  See     Street 

Sprinkling. 

of  application  for  conduits,  ducts,  appurtenances,  etc.,  In  streets      781         1100 

for  hearing  to  place  poles  for  electric  wires,  etc..  In  alleys 787         1121 

for  garbage  contract — See  Oarbage. 

.^        „        .  J  I    810         1235 

painted  on  sidewalk,  misdemeanor ■      oeg         1590 

improper,  for  alleged  cure  of  venereal  diseases,  misdemeanor 873         1522 


1166  INDEX   TO   REVISED   CODE   OR   OEXERAL  ORDINANCES. 

C  Index  to  Charter  and  Notes,  pp.  463-542.  i 

J  Index  to  .sY7ieme,  pp.  2T9-2>;0. 

{  Index  to  State  Laws  for  at.  Lmiis.w.  •22^-2:>(j. 

ADVERTISEMENTS— Continued.  page.         sec. 

for  purposes  of  abortion,  or  treating  venereal   disease,  etc \     „Ji         ,-„, 

I     hi  A         loz4 

in    newspapers   about   venereal    diseases,    abortions,    etc.,    misde- 
meanor         873         1525 

of  lottery,  misdemeanor . 875         1533 

of  lottery  tickets,  etc 87G         1534 

in  public  parks  prohibited 997         2019 

by  bands  of  music  in  street,  permit  necessary. 878         1540 

by   billboard,   when   allowed — See   Billboards. 

ordinances  regulating,   for   public   work,   to  be   recommended   by 

B.    P.    1 968         1913 

of  notice  of  lettings  of  public  work 985         1977 

what  such  notice  to  contain 986         1978 

of  notice  for  lettings  of  public  city  printing 999         203ri 

for   lettings   for   supplies   to   city   by    Supply   Commissioner — See 

Supply  Commissioner. 
for  proposed  sale  of  suri)lus  or   refuse  articles  by   Supply  Com- 
missioner        1079         2385 

AGENT— 

See  Real  Estate  Aiicnt :    also  see  under  names  of  Principals. 

of  owners,  duties  as  to  privies,  closets,  etc 691  576 

of  owners  of  tenements,  etc.,  when  liable  for  nuisance 699  596 

r    607  63  T 

,.   ,  .,.,       ,.    ,            .  !     709  642 

liability  ot,  tor  nuisances ^- „  ~.„ 

1  711  651 

of  meat-shop  keeper,  liable  as  principal 863  1479 

ot   theatrical    performance    responsible    for    discharge   of    loaded 

firearms  882  1567 

responsible  for  smoke  nuisance 893  1619 

financial,  requires  license 1021  2137 

of  merchandise  brokers,  require  license 1023  2148 

for  pawnbroker,  where  cannot  do  business 1040  2217 

of  runner  for  railroad,  steamboat,  hotel,  etc. — See  Runners. 
mercantile  agent — See  Mercantile  Agent. 

of  second-hand  dealers,  when  principal   liable  for 1057  2299 

of  second-hand  dealer,  when  liable 1057  2299 

fiscal,  of  citv — See  Bankers. 

f  758  904 

repair  of  streets,  or  sidewalks,  or  alleys,  notice  to \  759  909 

I  759  910 

ALARM— 

See  Fire  and  Pol.  Tel.  Dept. 

bell    in    hotel S9T  191 

AISLES- 

See  Theatre. 

ALLEYS— 

[For  provisions  applicable  to  other  highways  in   common  with 

alleys,  see  Streets  and  Highways:    only  matters  peculiar  to 

alleys  from  other  highways  here.] 

repair  of,  special  tax  for  cost 759 

,       .        ,.■•.■  /     787         1121 

placing  poles  for  electric  wires,  etc.,  m -     ^q^         -j-I  j^^ 

to  be  kept  free  from  filth,  by  whom 810         1234 

ALTERATIONS  IN  BUILDINGS— 

See  Buildings. 

definition  of  term  562  01 

AMENDMENT— 

of  statement   in   police  court    (with   note) S23         1280 

ANCHORING— 

walls,  girders  or  beams,  etc.     See  Buildings. 


910 


IN'DKX  TO  RKVlSICn  CODIC  Olt  OKNICKAI.  OKI  H  NANiKS. 


l|i;7 


liuK'X  ti>  Chiirti'i-  ami  Siitcii,  \>\t.  •IG;{-ri4L'. 

liiilox  to  Srhfiiit;  |i|i.  279-286. 

Iiiik'x  to  siali;  Laics  for  SI. Louis, p\t.22a-'l'<{i. 

ANIMALS—  |.V(iK.  sKf. 
St'o  Head  Attiinals:    Xuisainf. 

sal<>  of  diseased  live,  for  food,  forbidden 859  1452 

not  to  be  <lriveii  In  iimrkelpliufs.  etc S.")9  M,'i4 

dangerous,  to  be  kepi   from  markets Si;o  uiji 

large,  how  sold  in  markets .SCO  14t)2 

erueltv  to  dumb  '    f»^         j?'j^ 

dec'islcns    en    ordinances    on    cruelty    to    animals.      See    note    to 

Sec.    1607    1 S90 

tinea  for  cruelty   to,  one-half  to   Humane   Soclety*-See  Humane 
Sodely. 

bells  en,  when  prohibited,  and  when  required — See  Bells. 

regHlallons   as    to    cattle,    hcgs,    horses,    cows,    etc. — See    Calllf; 
Ciiirs:  Horses. 

impounding — See  Catlle:  .l/nr,s7io;.-  Uoijs,  etc. 

riKht  of  city  to  restrain,  rumiing  at  large — See  note  to  Sec.  1578. .       885 

throwing  articles  on  higliways  that  may  injure,  misdemeanor....       891         16(19 

calves  and  sheep  not  to  have  legs  tied  or  be  conflned 891         1610 

molesting  birds — See  Hinls. 

dogs — See  Dogs. 

regulations  concerning,  in  parks 99G        201S 

APAKTMKNT  HOl'SE— See  Hiiililinps:  Hotvls. 

height  cf  rooms,  ventilating  skylights,  windows,  etc..  in 59S  l!tl 

APPEALS— 

from  rulings  of  niiilding  C'onnnissioner — See  Board  of  Appeals. 

from  ruling  Superiuieiuient   Fire  and  Police  Tel.    Dept 630  311 

ilccket   for.  keiit  by  clerk  Police  Courts 820  127:! 

r    828  1305 

828  1306 

I     829  l'i09 

from   Police  Court,  when  and  how .;     ^.,  ''.' 

i    Kfi         1323 
I     836         1339 
decislcns  on  apiieals   frcm    Police  Courts  and   Court   Crim.   Cor. 

—See  note  to  Sees.   i::o5.  1306 828 

by  city.  Mayor  to  exe;iile  all  bonds  for S6S         1507 

from    Boaril    of    Examiners    of    Plumbers — See    Appendix,    Ord. 

23007    1150-11.53 

from   decision  and    report   of  Commissioners  en   use  of   rallroail 

way   by   another  company    965         1S9S 

information    toncerning.    President    Board    cf    Assessors    to   give     1009         2u.si 
to   Hoard  of  Equalizaticn   from  assessments — See  Assessmenl  of 

Vfoperty. 
to    Hoard    of    License    Revision    from    license    assessments — See 

Licenses. 
to    Board    cf    Engineers    from    decision    of    Inspector    of    Boilers 

and  KI>>vators  !'">        -:;:'.:: 

APOTHECARIES— See  Druggists. 
APPOI.NTMENTS   OF   OFFICERS— 

by    .Mayer — See  ilaynr. 
APPROPRIATIONS— 

See   respective  departments  ol-  officials. 

in  ordinances  for  public  work  contain  specific 971         1920 

claims  cannot  be  auillted  unless  there  be  a  sufflrleiii  |iim;        2410 

warrant  to  specify  10S7         24 1 1 

duties  of  Auditor  as  to  transfers  of.  etc.  loss         2420 

Comptroller  to  see  that,  not  overdrawn.  ....     1089         2427 

AKCHITECTIRAL  DRArt;HTSMAN— 

In  office  of  Huilding  Commissioner.  555  35 

AREAS— See  Biiildiiirjs. 

ARMOR  IBS- 
walls   of    .  .  •'■71  s7 


1168 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDIXAXCES. 


Index  to  Charter  and  Kotes,  pp.  463-542. 

Index  to  Scheme,  pp.  279-286. 

Index  to  State  Laws  for  St. Louis, pp.  225-25G. 


ART  BUILDING—  page. 

located  in  Forest  Park 548 

how  location  determined   548 

under  Board  of  Control  of  St.   Louis  Museum  of  Fine  Arts 549 

ASH   BOXES— 
See  BiiiUlings. 

regulation   for,   in   buildings ". 587 

ASHES— 

on  premises,  when  nuisance 698 

term   in   nuisance   article   defined 698 

to   be  carried  through   streets,   how 702 

depositing  on,  or  removing  from,  another's  premises 889 

ASSAULT,   etc. 

misdemeanor   877 

ASSESSMENT  OF  PROPERTY— 

district  assessors  appointed  by  Mayor ■  .„., 

board  of  assessor  for,  created,  composition  of 1007 

President  of,  and  District  Assessors,  bonds 1007 

qualifications  of  President  and   District  Assessors 1007 

appointment  of  what  deputies  and  clerks  by  President -.  .„„„ 

clerks  as  deputies   1008 

President    may    remove   what    employes 1008 

salary  of  President  of 1008 

salary   of   Chief   Deputy   Assessor  of lOdS 

compensation    of    district    assessors liioS 

salaries   of  deputies,   clerks,   draughtsmen,   etc 1008 

pay  rolls  of  department,  how  certified  and  audited 1008 

duties  of  President  of  Board  of  Assessors 1009 

President    administer    oaths,    receive    returns    of    property,    give 

information  where  appeals  desired,  etc 1009 

hours  of  President  of  Board  of  Assessors 1009 

President   of   Board   to   furnish    information 1009 

qualification   and   duties   of   Chief   Deputy 1009 

when  made,  how,  report  by  district  assessors,   oath 1009 

ten   assessment   districts   established 1009 

(  1010 

boundaries  of  said  ten  districts,  respectively ■!  to 

(  1011  , 

same;    amendment    thereof — See   Appendix   Ord.    22930 1157 

additional    duties    of    district    assessors 1011 

notice  to  be  given  of  differences  in  tax  assessments  of  personal 

property    to   owner 1011 

notice  of  completion  of  books,  in  newspapers 1011 

Recorder  of  Deeds  to  furnish  Assessor  all  deeds,  etc 1011 

President  Board  Assessors  to  make  changes  on  plats 1011 

costs  and  expenses  of.  how  met  and  certified 1012 

Board    of    Equalization,    how    constituted,  i  duties,    powers,    hear 

appeals,   when   in   session 1012 

compensation   of   members   of   Equalization    Board 1012 

compensation  of  cari)enter  and  builder  of  board 1013 

qualification    and    oath    of    builder    on    the    Equalization    Board, 

duties    1013 

pay  roll  of  Equalization  Board  to  show  what 1013 

decisions  as   to   functions   of   Board   of   Equalization,   and   effect 

of  failure  to  appeal  to  it — See  note  to  heading  of  Chap.  29..  1007 

ASSESSMENTS   FOR   LICENSE-TAXES— 
See  Licenses. 


SEC. 

4 

5 
G 


151 


590 

594 

614 

1603 


1537 


1509 
2095 
2070 
2071 
2072 
2073 
2075 
2074 
2075 
2076 
2077 
2078 
2079 
2080 
20S1 

2081 
2081 
2081 
2082 
2083 
2084 
2085 

to 
2094 

2095 

2095 
2096 
2097 
2097 
2098 

2099 
2100 
2101 

2101 
2102 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1169 

r  Index  to  Charter  and  Xntes,  pp.  463-542. 

\   Inde.\  to  Scheme,  pp.  279-286. 

I  Index  to  .S/afe  Laics  for  St.  Loiiiii.\^i).22a-2oG. 

ASSESSOR   AND  COLLECTOR   OF   \V.\'Ii:k   RATES—  paijk.  .sec. 

,        ,  ,      ,,  f    S6S  15119 

appointed  by  Mayor   |  ^^^.  ,44^ 

office    of,    created    1095  2447 

term  of   1095  244S 

salary  of 1095  2449 

decision  as  to  salary,  note  to  Sec.  2449 1095 

bond  of   109G  2450 

deputy,   appointment,   duties,   bond 1096  2451 

other   employes   of,   duties 109G  2452 

responsible   for  acts  of  employes,   bond   from  employes 1096  2453 

salaries   of   deputies,    clerks   anil   employes 1096  2454 

additional    employes    and    salaries    1097  2455 

same,    by    late   Ordinance   23000,   Appendix 1 163 

duties   of,    to   collect    what    revenues 1097  2456 

water  rates,  collection   thereof,   etc — See   M'ater  Rates. 

where    and    when    deposit    funds,    suspension    or    removal     for 

failure   1097  2457 

blanks   to   be   delivered    by   Register 1097  245S 

blanks    countersigned    by    Comptroller,    etc 1097  2459 

monthly    report    of,    to   Comptroller 1097  2460 

annual  report  of,  to  Municipal  Assembly 109S  2461 

may   compel    taking   out  of   water   license   as   sanitary   measure,  |  2463 

when    109S  \  2464 

to   issue  licenses  for  water,   term 1100  240S 

to  divide  city  into  districts,  may  shorten   term 11 00  2470 


may  allow  rebates,  when 1100 


(  2471 
(  2472 

may  withhold   licenses,  when 1  im         2479 

may  require  license  to  be  for  all   purposes,   when IKJl         24So 

for  certain  purposes,  exposed  for  other  purposes,  revocation....     1102         24S1 

may  shut  off  water  when  service-pipes  are  not  repaired IIOS         2510 

may  shut  off  water  for  non-payment  of  license 1102         24S2 

Same:   note  of  cases — See  note  to  See.  24S2 1102 

may   require  oath  of  applicant   for   license 1102         24S4 

rlKht    of    entry    Into    premises 1102         24S5 

shall  charge  what  annual  water  rates  for  use  of  water lln:'.         24^7 

same-meter   rates    |  ^^^4        24ss 

to  require  new  stoi>-box  when  broken 1 1  ii5  2491 

meters  In   public  institutions  in  discretion  of llm;  2494 

r  1106  2499 

furnish  water  to  Government  of  U.  S ■!     to  to 

I  1107  2502 
to  furnish  certlBcate  before  attachments  allowed  to  city  water- 
pipes,  or  alterations,  etc 1107  2504 

ASSESSOR  OF   SPECIAL  TAXES— 

See  President  Board  Public  Improvemenls. 

ASSISTANTS— 

See  names  of  chief  officer  or  office. 

ASSISTANT   CITY   COINSELOR— 
See  Citj/  Counselor. 

ASSOCIATE  CITY  ATTORNEY— 
See   City  Attorney. 

ASSOCIATE   CITT  COUNSELOR— 
See  City  Counselor. 


1170  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

r  Index  to  Charter  and  Notes,  pp.  463-542. 

J  Inde.x  to  Scheme,  pp.  279-286. 

(  InAex  to  State  Laws  for  St.  Louis. pp.  225-25G. 

ASTROLOGISTS—  pagf.  sec. 

license  required  by   1029  2169 

term   defined    1029  2170 

amount  of  license    1029  2171 

penalty   doing   business   without    license 1030  2172 

ASYLUM— 

See  Buildings. 

ASYLUM   FOR    INSANE    (PUBLIC)  — 
See  Insane  Asylum. 

ATTACHMENT  BY  MUNICIPAL  ASSEMBLY'- 
See  Municipal  Assembly. 

ATTACHMENTS   WITH    WATER-WORKS    PIPES,    etc.— 
See   Water  Connections ;  Plumbers;   Sewers. 

ATTIC— 

See  Bnildinps. 

definition    of,    in    Building    Code 502  61 

AUCTION— 

sale  of  articles  seized — See  Market-Ma-sters ;  Condemnation. 

ringing  of  bells  to  attract  to,  misdemeanor 879         1546 

sale  of  impounded  cattle,  goats,  etc 895         1579 

persons  selling  at — See  Auctioneer. 
sale  of  horses  at — See  Horses. 

sale    of    salvage    from    wrecked    boats 644  355 

sale    of   goods   not    removed    from   wharf 640  363 

sale  of  condemned  buildings 708  931 

sale  by  Market-Masters  of  seized  articles 857         1440 

sale    by    Comptroller    of    securities    deposited    by    manufacturers 

in  lieu   of  bond 1033         2190 

same;   securities  of  merchants  for  same 1036         2201 

AUCTIONEERS— 

defined  1019  2126 

must  procure  license 1020  2127 

decisions  as  to — See  note  to  Sec.  2127 .  ^. 1020 

amount  and  term  of  license:    bond.  . 1020  2128 

fruit,   license   necessary 1020  2129 

of  stocks,   bonds  and   securities,   when   license   required 1020  2130 

real    estate    brokers,    when    require    license   as .^ 1020  2131 

bond   of  horse  auctioneer 1021  2135 

penalty    violating    article    on 1021  2136 

C 1053  2281 

I'equisites  getting  license    \     to  to 

1  1054  2283 

AUDITOR— 

duties    in    costs    of    city    in    cases    in    Police    Court    and    Court 

Criminal  Correction .        S30         1313 

one  of  bond-examining  board 907         1682 

audits  pay   rolls   of   Assessor's   Department lOOS         2080 

certifies    costs    and    expenses    of    assessing    property    to    State 

Auditor   1012         209,S 

pay  roll  Equalization  Board 1013         2102 

duties  respecting  deposits  by  bidders  on  supplying  the  city 1076         2373 

member   of   Treasury   Department lOSO         23S7 

duties  in  Ti'easury  Department — See  Treasury  Department. 

annual  examination  of  accounts  of 1084 


12401 
(  2402 


notes  of  decisions  concerning — See  note  to  heading  of  Chap.  37, 

Art.  2  1085 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1171 

{Index  to  Charter  and  .Vo/c.v,  pp.  463-ri42. 
Iiuli'X  to  Sihcmr,  pp.  279-2SG. 
Index  to  State  Laws  (or  vS7.^0Mis.  pp.  225-256. 

I'AllK.  SKI'. 

bond  and  salary  of 1085  2-lOG 

first  and  sec-ond  deputy,  a|>pointnient,  salary,  terms lOSO  2407 

i-lerks  of.  duties,  salaries •. ..  Ki.st;  2I0S 

general   powers  and  duties  of lose  2t09 

preserve  all  acrounts  and  documents  relating  to  eontracts,  debts, 

revenues  of  city,  etc 10,SG  2loy 

inalio    rules   and    regulations,    take   oaths lOSlj  24ii9 

;iiulitinK  and   cerlifyinf;  demands  a.i;ainst  city lOSii  2410 

lucibod    and    uianner.    warrant,    |irocedure,    requisites lOSti  2410 

not  to  audit   unless  amount  appro|)rlateil,  ami  allowed  by  Comp- 
troller and   .Auditor,   or  either,   with   Mayor lO.Sti  2410 

warrant  to  specify   fund,   receipt   taken,  papers  filed 10,S7  2411 

claims  to  be  audited   within   one  year lo.s7  2412 

warrants  unclaimed  for  five  years,  canceled 1087  241!! 

warrants   not   presented   within   five  years,  barred 1087  2414 

sums  on  pay  rolls  one  year  to  be  re-transferred 1087  2415 

no  warrant  to  indebted  officer  or  assignee 1087  241i; 

officers  owing  money  over  ten  days,  notice  from 1087  2417 

to  furnish   to   whom   books,   abstracts,  etc.,  and   information,   or 

permit  examination  of  city  documents,  etc 1088  2418 

fiscal  term  of,  what : 1088  241!) 

appropriations,   duties  as   to   transfer,   etc 1088  2420 

to  have  free  access  to  books,  records,  etc.,  of  all  officers 1088  2421 

to  make  monthly   trial  balance  and  report  information 1088  2422 

statement  to,  by  Comptroller  of  license  or  tax  bills,  etc 1088  2423 

to  keep  what  books  and   records 1088  2424 

to  keep  book  record  of  claims,  warrant  books,  bills  payable,  bills 

receivable,    register   of   bonds lOSS  2424 

duties  as  to  city   pay   rolls 1092  2439 

AUTO-CYCLES— 

r      SO*)  1  '''lO 

provisions    for.    to    protect   streets,   and    penalty J    1'         ^''..., 

license  taxes  on   93«         1812 

Al'TOMOBILES— 

taking   from   garage   or   shelter,   misdemeanor.      (See   Sec.   :50Ga, 

and  Appendix,  Ordinance  22739) 1140 

shop   for,   or  garage,   not   to   be  opened   or   run   without   special  i 

ordinance \ 

using  oils  or  gasoline,  kerosene,  etc.,  regulations  for  protection  of  I 

streets,  and  penalty  for  failure \ 

s|)eed  limit  for,  and  other  horseless  vehicles ) 

reference  to  State  law  on.     (See  note  to  Sec.   1551,  p,  880.  and 
also  to  Sec.   1811,  p.  936.) 


regulations  for 


liceose-tax   on,   motor  cycles,   locomobiles,   etc < 

{ 


llgttts  on,  required  at  night., 
same — ord.    22673,    appendix. 


AWNINGS— 

stationary,   prohibited   in  certain   limits....  

limits  where  hereafter  none  to  be  erected — exceptions 

IK-rmiis   for.   ||om    Hoard    Public    Improvements 

conditions  of  grant   of   permit 

balcony  or  porti<'o  permitted  at   theatre  or  opera 

decision  ns  to  being  illegal  encroachment,  note  (o  Sec.  1088. 


704 

625 

705 

626 

809 

1230 

810 

1233 

880 

1551 

8S0 

1552 

880 

15.53 

to 

to 

881 

1557 

93C 

ISll 

936 

1S12 

939 

1822 

881 

1556 

1156 

1 1  1 

1088 

777 

1089 

777 

1090 

777 

1091 

777 

1092 

117 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


Index  to  Charter  and  yotes,  pp.  463-542. 

Index  to  Scheme,  pp.  279-286. 

Index  to  State  Laics  for  St.  Louis,  pp.  225-256. 


B 

BACTERIOLOGIST  AND  BACTERIOLOGY—  p.\oe. 

See  City  Bacteriologist. 

BAIL— 

in  police  courts — See  Police  Courts. 

BALCONIES— 
See  Buildings. 

may  extend   how   far 578 

(     598 
in  theatres,  under  Building  Code \     g^,g 

in  theatres,  permitted  at  main  entrance,  over  street 777 

extending  into  streets  or  sidewalks,  misdemeanor 812 

BALL  PLAYING — 

on  the  highway  prohibited SS2 

BANDS  OP  MUSIC— 

See  Music. 

BANKERS— 

licenses  ot 1021 

amount    of   license    of 1021 

defined  1022 

posting  ot  licenses  1022 

penalty  violating  article 1022 

payment  of  bonds,  etc.,  of  city,  by,  selected  as  financial  agents 

of  city   1080 

receipts  from,  selected  as. city  financial  agents,  for  funds  sent,  etc.  lOSO 

transfer  of  bonds,  etc.,  fiscal  agents  of  city 1083 

deposit  of  city  funds  with,  selection  of  banks,  bonds  from,  regu- 
lations as  to  deposits,  etc 1092 

drawing  city  funds  from  bank  selected,  how  and  when 1092 

BANKS— 

See  Bankers. 

deposit  of  city  funds  in — See  Bankers.  ' 

BARBED   WIRE   FENCES— 

See   Fences.  — ^     /''- 

BARGES   AND    SCOWS—  '  ' 

See   Wharfhoats :  Boats. 

loaded,   when   may   land 651 

may  have  privileges  of  wharf  boats 653 

BASEMENT— 

meaning  defined,   in   Building  Code 562 

BATHS— 

See  Puhlic  Baths  and  Playgrounds:  Hu-imming  School  or  Bath. 

BATHING —  _ 

in    open    in    daytime,    misdemeanor ■ S70 

BAWDY   HOUSES— 

not  to  have  overhead  wire  connections 786 

f    7S9 
permit  for  wire  connections  with,  forbidden  and  void •,     „^q 

keeping,   visiting,   etc.,    misdemeanor 871 

decisions  as  to,  and  evidence  to  convict,  nature  of  the  place,  etc., 

nuisance  per  se.  etc. — See  note  to  Sec.  1518 871 

enticement,  or  attempted  enticement  of  girls  under  age,  to,  laBs- 

demeanors 872 

when  habitues  of  are   vagrants 895 

dramshops   not    iiermitted    in    1028 


118 

195 

199 

1092 

1243 


1564 


2137 
2138 
2139 
2142 

2144 

2390 
2390 
2398 

2439 
2439 


382 
387 

61 


1317 


1117 
1128 
1129 
1518 


1519 
1632 
2163 


879 

154G 

SSI 

1559 

882 

15C0 

948 

1S57 

950 

1870 

INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1173 

(Index  to  Charier  and  Sotes,  pp.  463-542. 
Index  to  Siiieme,  pp.  279-286. 
Index  to  State  Laws  ^or  St.  Louis, pp.  225-256. 

BAY    WINDOWS—  l-A(!K.        .SEC. 

in   Building  Code — See  Biiihiings. 
extending    Into    street,    misdemeanor 812         1243 

BEA.MS— 

See   Buildings. 

BEER— 

See  Intoxicating  Liquors;  Intoxication ;  Dramshops. 

BEGGARS— 

when  vagrants 895         1632 

BELLS— 

ringing  of,  when  fulsdemeanor 

on    animals,    prohibited    when    driving 

required  when  sleighing 

o(  steam   railroad   engine,   when   to   be   rung 

by    street    cars,    when    required 

BENEFITS— 

in  street  opening  cases,  etc. — See  Streets  and  Highways. 
special   tax  for — See  Special  Tax. 

BENZINE— 

regulations    013    232-234 

BETHESDA    HOME— 

authorized    to   receive   foundlings  on   contract   with   city 915         172S 

foundlings  at — See  Foundlings. 

BETTING— 

See  Misdemeanors:  Gambling. 

BICYCLES,  TRICYCLES  AND  VELOCIPEDES— 

license   taxes    on.    and    regulations > 933  1810 

license  plates,   where  put    (See  end   of  section) 936  1810 

license  taxes  on  motor-bicycles    936  1812 

lights  on  939  1822 

same — appendix,    ord.    22073 1156 

BIDS  AND   BIDDERS— 

for  public   work — See  Public  Work. 

for  public  city  printing — See  Public  Printing. 

tor  supplies,  etc.,  to  city — See  Commissioner  of  Supplies. 

BILLBOARDS— 

cost  of  permit  for 560  54 

regulations  concerning  608  214 

who  may  erect,  where  and  on  what 887  1591 

license  for   887  1592 

defacing  advertisement  on  lawful,  misdemeanor 887  1592 

BILLPOSTER— 

when   may  erect  billboards,  etc 887  1592 

license    required    1051  2270 

deflnitlon  of  1051  2271 

rate  of  license  1052  2274 

term  of  license  of — Ord.  22576.  Ap|>endlx,  p.  1162 1052  2275 

same,   before  amendment    1052  2270 

license  subject  to  ordinances 1052  2270 

form  of  licenses   to 1053  2277 

,             .     ,  ,,  (  1053         227S 

assignment  of  licenses ....         „„^, 

penalty    1054         2285 

BILLS— 

in   Municipal  Assembly — See  Ordinances. 

against  city,  what  to  state,  etc lO.SO         2388 

or    claims    against    city,    how    audited — See    Auditor,    Treasury 
Department. 


1174 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


-  Index  to  Charter  and  Notes,  pp.  463-542. 

Inde.x  to  Scheme,  pp.  279-286. 
^  Index  to  State  Laics  for  St.  Louis,  pp.  225-25G. 


BILLIARDS    AND    BILLIARD    TABLES—  page. 

(■1051 
license  i)r6visions  respecting   , J     to 

1  1054 

definition  of  billiard  table  keeper 1051 

decisions   as   to   validity   of   ordinances    regulating — See   note   to 

Sec.    2273    1052 

BIRDS—  f  S91 

molestation  of,  forbidden:   stone-throwin.a;.  shooting,  etc.,  penalty  \  to 

(  S92 

molestation   of,  in   parks  iirohibited 990 

BIRTHS— 

registration  of,  and  by  whom 719 

record   of    719 

failure   to  report,   misdemeanor 719 

certified  copy  of  record  of,  from  Health  Commissioner 744 

BLASTING— 

See    Stone    Qt/arries. 

BLIND— 

See   BiianI   of  Health. 

BOARD  OF  APPEALS— 

how  constituted,  terms  and  qualifications  of  members,  etc 5G1 

has  jurisdiction  of  what  appeals  from  Building  Commissioner.  .  561 

api)ea!   to,'  how   taken    561 

may  enter  premises    562 

BOARD  OF  ASSESSORS— 

See  Assessment   of  Property. 

BOARD   OF   COMMISSIONERS   MIILLANPHY    RELIEF    FUND— 
See   lit iiUaniiliy   Emigrant    Relief   Fund. 

BOARD  OF   ENGINEERS— 

See  Boilers  (Steam)  and  Elevators. 

BOARD   OF   EQUALIZATION— 
See   Assessment   of   Property. 

BOARD   OF   EXAMINERS    OF   PLUMBERS— 

See  Plumbers. 

BOARD  OF  EXAMINATION  OF  BONDS— See  Bonds  {of  Puhlii   Officers). 

BOARD   OF   HEALTH— 

who   shall   be   members   of 662 

meetings,    quorum,    rules    663 

President,    officer    „„„ 

terms    of    members,    and    salaries 663 

books  and  records  to  be  kei)t  by 663 

accounts,    approval    and    auditing 663 

Iiurchase    of    articles    for    institution 663 

clerk    of    664 

salary   and   bond   of   Clerk   of 664 

duties   of   Clerk   of 664 

l)owers  of,  respecting  institutions  for  deaf,  dumb,  blind,  etc....  6G4 
vested  with   powers  of  county  courts  respecting  deaf,  dumb  and 

blind    institutions    664 

may   reojien   certain   wells 664 

Health   Commissioner's   relations   to — See   Health   Commissioner. 

to   approve   actions    and    appointments   of   Health    Commissioner  665 

to  approve  additional  appointments  of  Health  Commissioner.  .  .  .  666 


SEC. 

2270 

to 
2285 
2272 


IGll 

to 

1G15 

2018 


694 
696 
697 

838 


58 
59 
59 
60 


437 
438 
437 
439 
440 
441 
442 
443 
444 
445 
44G 
447 

44S 
449 

450 
459 


INDEX  TO  REVISED  CODE  Oil  GENERAL  ORDINANCES. 


m 


Index  to  Charier  anti  .Yo/cs,  pn.  463-542. 

Iiidi'.x  to  oi7ifmc,  pp.  :iT9-2S6. 

Index  to  State  Laws  for  St.  Louis,  pp.  225-2r)G. 


BOARD  or  HEALTH— Conlinued.  i-.v,,,. 

piiynieiits   by.   of  aililitional   help   to   Health   Commissioner 66C 

to  approve  Mayor's  ap|)ointment  of  Clly   Bacteriologist (U;? 

approve  rules  for  Bai-terlologist COS 

to  approve  appoliitnieiit  of  assistants  to  BacterioloKlst (i(is 

to  api)rove  appointment  City  Chemist,  and  control  him CG9 

powers  and   duties   respecting   nuisances — See   .ViiiAonce. 
right  to  enter  premises — See  Itiiihl   to  Eiilrr  Premises. 

has  control  over  meat-shops,  declare  same  nuisance SG3 

has  control   over   private   Institutions,   hospitals,   lying-in   homes. 

foundling   homes,   etc. — See   Onl.   2299S,   Appendix 1142 

to  approve  appointment   Chief  Sanitary  Clerk GOG 

to  approve  appointment   assistants  to   Bacteriologist 6G7 

to  approve  appointment  cleric  and  janitor  to  Bacteriologist GGS 

to  api>rove  ai)pointments  made  hy  City  Chemist 670 

to  approve  rules  submitted  for  oftice  City  Chemist C7<i 

may   remove  City  Chemist  and  assistant 071 

to  approve  milk  assistants  of  City  Chemist 071 

to  approve  appointment  veterinary  surgeon 683 

approval  by,  of  permit  to  cut  ice 689 

duty   respecting  carcasses  of  dead  animals — See   Dead  Animals. 

may  hear  and  refuse  registration  to  physicians,  when 720 

to  approve  appointment   of  nurses — Ord.   2293.5   in   Appendix....  1144 

to  apiirove  first  assistant   City   i^ospital 723 

to  a|)prove  assistants  to  Superintendents   724 

to  approve  Assistant   Superintendent    Insane   Asylum 725 

to  approve  Assistant   Superintendent   I-"'emale   Hospital 720 

to  approve  Supervisor  of  Nurses  and  Matron  at  female  Hospital  726 
relations  to  insane — See  Insane  Persons:  In.sane  Asylum. 
to    approve    or   control    actions    of    Health    Commissioner    as    to 
quarantine — See  ijuarantiiie. 

to  control   Health   Commissioner   in   cremation   matters 749 

may   call   on  City   Attorney   for  advice.... 836 

to  be  advised  by  City  Counselor 841 

when   n\ay   require  all  dogs  muzzled 899 

when  may  require' persons  to  take  license  for  water  from  city. 

as   sanitary   measure,    proceedings,   etc 1098 

BOARD  OF  LICENSE  REVISION— 
See  Lieenses:  Lieenae  Collector. 


sf.e. 
458 
405 
401°. 
41:7 
470 


1478 


461 

407 
472 
4S0 
481 
482 
480 
524 
500 
to 
503 

699 

721 
728 
729 
738 
743 


808 

1339 

1308 

1644 

(2462 

to 
(  2404 


BOARD   OF   POLICE   COM.MISSIONERS— 
See  Police  Commissioners. 


BOARD  OF  Pl'BLIC   IMPROVEMENTS— 

See   Presiilent  of  lioanl  of  Puhlir   Improvements. 

contracts    for   construction,    reconstruction    and    maintenance    of 

highways — See  Streets  anil ■Highirays :  Public  Work. 
contracts  and   regulations  for  street  sprinkling,  and   regulations 

— See  Street   Sprinklinii. 
grants  permit   for  stationary  nwnlnga — See  Stationary  Axcnings. 
powers  respecting   wires,   tulies,  conduits,  cables   In   streets,  etc. 

— See  Electric  Wires.  Tubes.  Conduits,  Cables. 

lo  aiipoini   Sii|)ervisor  of  City   Lighting 790 

has  control  over  Sii|)ervlsor  of  City  Lighting — See  Supervisor  of 

City  Ligtitinij. 
to  provide  for  lighting  streets,  buildings,  etc. — See  Lighting  of 

streets.  Public  Places  and  Public  Buildings. 
powers    and    duties    res|)ectlng    garbage    and    its    dis|K>sal — Sec 

Garbage. 
may   prescribe  duties  for  Workhouse  Suiierintendent 919 


1139 


1749 


1176 


INDEX  TO  RE^'ISED  CODE  OR  GENERAL  ORDINANCES. 


Index  to  Charter  and  Xoies,  pp.  463-542. 

Ind°x  to  H'lcme,  vp.  279-286. 

Index  to  State  Laics  for  Si.  Lo»i«.  pp.  225-25G. 


BOARD  OF  PUBLIC  IMPROVEMENTS— Continued.  page. 

may  direct  employment  of  workhouse  prisoners  on  public  work, 
shorten  term,  etc. — See  Workhouse. 

Supervision,  rights,  duties,  powers  and  functions  respecting 
Plumbing  and   Drainage — See  Plumbing :  Plumbers. 

rights  and  powers  under  new  plumbers'  ordinance — See  Appen- 
dix,   Ord.    23007 1150-1153 

may   remove  Supervisor  of  Plumbing   927 

authority    of,   as   to    public    baths   and   playgrounds — See   Public 

Baths  and  Playgrounds. 

f     957 

powers  as  to  fenders  on  street-cars -     „_„ 

(    yoo 

powers  as  to  brakes  on  street-cars 959 

to   approve   street    railway   rail    pattern 959 

to  approve  device  for  street   railway  sprinkling 9C6 

regular    meetings    of    96C 

special  meetings,  called  by  President  of,  and  how 9G7 

when   special   meeting   may   be   called   by   Secretary 967 

special  meeting,  election  President  pro  tern.;    powers 967 

President  pro  tern.,  not  to  authenticate  special  ta^  bills 967 

when    and    what    subordinates    to    the    respective   commissioners 

may  act  for  their  chiefs  at 9C7 

by-laws  and  regulations  to  be  made  and  printed 9C7 

secretary    of,    salary,    bond 967 

duties  of  Secretary,   records,  papers,   printing 968 

decision  as  to  effect  of  record  of — Note  to  Sec.  1912 968 

duties  of,  in  general    96S 

to  prepare  all  ordinances  for  public  improvements,  lettings,  etc. 
— See   Ordinances:  Public  Work. 

quorum,   final   action   when   not   taken,   notice 969 

when  yeas  and   nays  required   on  vote 969 

members  of,  responsible  for  acts  of  employes 969 

plans    dedications    of   streets,    etc.,    or    subdivisions,    etc.,    to    be 

submitted  to    9C9 

dedication  of  streets  and   highways — See  Streets  and  Highways. 
improvement,    construction,    reconstruction,     repairing,    etc.,    of 
streets  and  alleys,  etc. — See  Streets  and  Highways. 

what  ordinances   from   shall   contain. 970 

letting  of  annual   repair  contract  by. 970 

duty  of,  where  complaint  defective  work  being  done — See  Public 

Work. 
permission  by,  to  construct  vaults  under  sidewalks,  and  sign-posts       973 

permission  by,  for  weighing  scales 973 

President   of,  presides    973 

contracting  for,   and   executing,   public   work — See  Public  Work. 
regulations  for  lettings,  bidding  for  work,  etc. — See  Public  Work. 
employes  of,  salaries  and   bonds  of   respective   members  of,  and 
their  employes  or  assistants — See  under  the  respective  Com- 
missioners" names;  and  also  Salaries  or  Compensation. 

may   make   regulations   for   driving   parks 997 

approve  leasing  of  buildings  in  certain  jiarks 998 

may  lease  boat  privileges  on  ponds  in  parks 998 

may  lease  privileges  for  games,  tennis,  ball,  etc.,  when 998 

when  to  approve  sewer  construction 1058 

when  may  cancel  drainlayer's  or  plumber's  permit  for  doing  de- 
fective  work   on    sewers 1060 

when  and  how  may  grant  permit  to  connect  with  private  sewer 

without    builder's    consent 1061 

to  aiJiirove  i)lans  of  water  closets,  etc 1002 

to  api)rove  device  discharging  steam  boilers  into  sewers 1064 

))lunibing  provisions  can  be  varied  only  by 1064 

to  provide  water  meters  to  consumers  free  of  charge 1106 

to  approve   pattern   of  fountains 1108 


1793 


1873 

1874 

(  1S77 

\1878 

1879 

1902 

1904 

1905 

f  1906 

\  1907 

1908 

1908 

1909 
1910 
1911 
1912 

1913 


1914 
1915 
1916 

1917 


1919 
1919 


1933 
1934 
1935 


2021 
2026 
2027 
2028 
2303 

2306 

2311 
2313 
2316 
2317 
2498 
2508 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1177 

I  Index  to  Charter  and  Notes,  pp.  463-542. 

•    Iiidfx  to  Silienif,  pp.  279-2S6. 

I  Index  to  State  Laws  for  St. Louis, pp.22a-2aS. 

BOARD  OF  PUBLIC  IMPROVEMENTS— Continued.  pa(!k.        .kfp. 

to  approve   patterns  of  street   washers 1111         2516 

to  approve  pattern  of  stop-bo.\es   1111         2519 

to  approve  pattern  of  pipe,  fl.xtures,  etc.,  in  plumbing 1111         2521 

BOARDl.NG    HOISE— 

See  Lodging-House :  Buildings. 

In   nuisance  act   defined    706           029 

or  lodging-house — See  Lodging-House. 

In  license  article  defined    1030         2173 

amount   and   term   of   license    1030         2174 

same:   amendment — See  Appendix,  Ord.  22573    lloS 

running    without    license,    misdemeanor 1030         2175 

decision  upholding  ordinance  article — See  note  to  heading  Chap. 

31,    Art.    7    1030 

water-rates    In    1103         24S7 

defined   In   water-license  article    1105         2490 

BOARDING  STABLES— 
See  Livery  Stables. 

BOATS— 

See  Harbor:  Wharf;  Harbor  and  Wharf  Commissioner. 

where  to  moor   C43           352 

unemployed,    where   to   moor    C44           353 

in  danger,  may  be  required  to  move C44           354 

proceedings  where  are  wrecked   <  .„,         „,j» 

sinking  or  wreckage  of  wharfboats,  landings,  etc 651          3S2 

grounded,  penalty    644           350 

name  to  be  painted  on 644           357 

steamboat   to  have   preference   in   landing 645           358 

Harbor  and  Wharf  Commissioner  to  set  apart  landings  for 045           359 

lying  over  night,  how  secured 640           304 

casting  loose,  when  on  fire 040           365 

Commissioner  to  make  report  of  tonnage,  arrival,  departure,  etc.  649           373 

failure  to  pay  license  due  on 050          377 

ferry — See  Ferries. 

f     740  ^"^1 

not  to  land  persons  with  epidemic  disease,  etc.,  when •;  _,.             ' 

not  to  bring  into  city  corpses  of  persons  dying  of  certain  diseases  744           S4f> 

not  to  bring  paupers  or  insane  poor  into  city 750             ■  ■ 

lotteries  run  on — See  note  to  Sec.  1529 S75 

certain  ordinances  to  be   posted   on SS9         li.ni 

emission  of  dense  smoke  from  steamboats  prohibited S93         1620 

harbor  boat,  operating  994         2013 

privileges  of,  on  ponds  in  parks  for  hire,  may  be  let 998         2027 

dealer  In  steamboat  tickets  is  railroad  ticket  broker 1043         2232 

railroad    and    steamboat    ticket    brokers  —  See    Kailroad    Ticket 

Brokers. 
steamboat  runners  or  agents — See  Runners. 

BOILER  HOrSES— 
See   Buildings. 

BOILERS— 

See  Buildings:  Boilers  and  Elevators. 

installation   of,   and    requirements  concerning 586          150 

in  theatres — See  Theatre. 

106"  '•■J19 

BOILERS   (STEAM)    AND  ELEVATORS— 

...                                                                      (  SOS         1509 

inspection    of,    mayor    appoints '11066         '>323 

qualifications  1066         2323 

iosector  of,  appoints  seven  deputies,  quallflcatlons 1066        2324 


1178        .      INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

C  Index  to  Charier  and  Notes,  pp.  463-542. 

J  Index  to  Sclieme,  pp.  279-286 

(  Index  to  State  Laws  for  St.  Louis. up.  22o-25G. 

BOILERS  (STEAM)  AND  ELEVATORS— Continued.  i-agk.  sf.c, 

inspector  of,  appoints  clerk  and  assistant  clerlv.  Ijond 1066  2325 

inspector  and  deputies,  tenure  of  office 1066  2326 

assistant    boiler    inspectors,   how    appointed,    removed,    etc 1066  2327 

Board    of    Engineers,    appointment    by    Mayor t  ^?.nf  ???? 

I.  obo  louy 

Same ;   qualifications   1066  2328 

inspector  of,  duties,  what  and  how  often  to  inspect,  record 1067  2329 

inspector  of,  to  be  Secretary  of  Board  of  Engineers 1067  2329 

notice  of  inspection  of  boilers  ten  days  in   advance 1067  2329 

manner    of    boiler    inspection,    frequency,    certificate 1069  2330 

inspector  of,  and   Board   location   and   furnishing  of  office 1067  2331 

sessions  Board  of  Engineers,  duties,  powers 1068  2332 

same,  hear  applicants  for  licenses  as  engineers,  grant  and  revoke 

certificates   of   license,    etc 1068  2332 

application  and  examinations  for  license  as  engineers,  etc 1071  2348 

decision  sustaining  ordinance  requiring  examination  and  licens- 
ing by  Board,  (see  note  to  heading  of  Chapter  35,  p.  1066, 
also  to  sec.  2332,  p.  1068). 

appeals  from  decision  of  Inspector  of,  to  Board  of  Engineers....  IOCS  2333 
when  unlicensed  ])ersons  permitted  to  act,  permit  how  and  from 

whom    obtained,    etc 1068  2334 

person  in  charge  of  boilers,  to  have  license  certificate  displayed.  1068  2334 

unauthorized  person  in  charge  of  boilers,  misdemeanor IOCS  2334 

inspection  of  boilers,  regulations,  violations  misdemeanors,  cer- 
tificates       1009  2335 

reports  of  boiler  insurance  companies 1069  2335 

inspection  of  boilers,  certificates,  fees  allowed,  returns  made 1070  2336 

blanks,   manner    of   issuing 1070  2336 

(  2336 
\2337 

inspector  of,  salary   and   bond 1070  2338 

bond    of    deputy    inspectors 1070  2339 

bond    of   assistant    inspectors 1070  2340 

deputies  devote  entire  time, — salaries 1071  2341 

bond  and  salary  of  clerk 1071  2342 

ins|)ector    responsible    for   clerk 1071  2342 

bond  and  compensation  of  Board  of  Engineers 1071  2343 

comjiensation  payable  out  of  what  fund 1071  2344 

qualifications  members  of  Board  and   Deputies 1071  2345 

misconduct   of   inspector,    deputies,    or   assistants,    misdemeanor, 

forfeiture     1071  2346 

what  are  exempt  from  provisions  of  article  on 1071  2347 

licensed  engineers  to  give  notice  of  change  of  employment 1072  2349 

application   for  renewal   of  license 1072  2350 

owners  or  builders  of  boilers  or  elevators  to  notify  Inspector  of, 

and  submit  plans,  get  certificate 1074  2363 

to  be  operated  by  competent  employes 1074  2364 

violation  of  article,  misdemeanor,  general  penalty 1075  2365 

certificate  of  Inspector  of,  to  be  posted,  failure  is  misdemeanor, 

fire    to    be    drawn 1072  2351 

licensed  engineers  to  make  semi-annual   reports  to  Inspector  of, 

penalty    for    failure 1072  2352 

expenses  of  department  of,  how  paid  and  audited 1072  2353 

duties  of  owners  before  setting  up  or  repairing  boilers 1072  2354 

boilers  to  have  plugs. — regulations — duty  of  Inspector  of 1073  2355 

ins])ection  of  all  elevators  by   Inspector  of 1073  2356 

inspection   of   elevators,   duties   of   owners 1073  2357 

certificate  of  inspection  of  elevators  to  be  in  view 1073  2357 

inspection  of  dumb-waiters  not  required 1073  2358 

fee  for  certificate  inspecting  elevator,  and  how  paid 1073  2359 

elevators  operateri   without  certificate,   misdemeanor 1074  2360 

defects  in  elevators,  notice  of  by  Inspector,  not  to  be  used  until, 

etc 1074  2361 


Inspector  of,  to  make  returns  and  reports 1070 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1179 

(Indfx  to  Charier  and  Soten,  pp.  4ti;t-r)42. 
ImU'X  to  Schfme,  pp.  279-286. 
Iiulcx  to  atatf  Laws  fur  St.  /..oi(i«,i)p.22G-25C. 

BOILING   INFLAMMABLE  SUBSTANCE— 

where   not    permitted 


BOND— 

reniuiu    in   custoily   of   Register 

same — except    Register's   l)oiul   with   Comptroller 

for    wharf    boat 

flat,  float  or  other  landing  at   wharf 

before    issnance    of    ferry-license 

suit  on.  of  ferry-keeper,  who  may  bring 

for  permit   to  cut   ice 

for   permit    to    remove   carcasses 

before    using   carcasses   of  dead   animals 

with   contracts   for  construction,   reconstruction   or   maintenance 
of  streets  and  highways,  see  oelow;  also  Streets  ami  High- 
ways. 

with    contracts    for   street-sprinkling 

on   permit   for  underground   wires,  ducts,  conduits,  cables,  etc.. 

what  is  breach  of.  for  conduits,  wires,  etc 

by  companies  obtaining  privileges  of  article  on  electric  wires, 
tubes,  conduits,  etc.,  to  observe  regulations  and  pay  required 
percentage   of    receipts,   etc 

with  contract   for  city  streets  lighting 

with  contract  for  city  streets  lighting  in  southern  St.  Louis 

with  contract  for  city  public  buildings  lighting   (re|)ealed) 

with  contract  lighting  public  buildings  under  new  ord.  (appendix, 
ord.    22S7S;    

of  telephone  companies  before  using  streets  for  wires,  etc 

In  contract  for  disposal  of  garbage 

for  ball,  in   police  courts 

city  appealing  from  police  court  need  not  give 

when  defendant  appealing  from  police  court  may  deposit  fine  and 

costs    in    lieu    of 

of    market-masters    

Mayor  may  order  renewal  of,  when 

Mayor  to  execute  all  appeal  or  other,  for  city 

Police  Justice   may   require   of   vagrant 

from  officers  Mullnnphy   Emigrant   Relief  Fund 

of    plumbers    or   draiulayers 

of    porters    


PAOB. 

HKC. 

611 

223 

lOOG 

/20C2 
20C8 

lOOC 

20CS 

G50 

378 

6.^.1 

382 

G32 

384 

651 

382 

658 

41C 

659 

421 

690 

5ti8 

715 

C79 

715 

G82 

for  licenses  for  vehicles  (now  repealed). 


772 

1077 

782 

1102 

(  783 

110.-. 

I  784 

1107 

788 

1125 

79ri 

11  GO 

-9i; 

11  <;.=•. 

79,S 

1175 

1H7 

Mil 

1192 

804 

120:; 

(  822 

127.-. 

\  827 

1299 

828 

130G 

829 

1310 

855 

1434 

Sir? 

1 49S 

8i;8 

1507 

897 

lrt3i; 

903 

If.iM 

92.S 

1794 

932 

ISii.-, 

' 

1S17 

938 

to 

( 

1820 

9C4 

1S97 

of  rallrcad  company  using  another  company's  road 

from   |>ersons   making  attachments   with,   or  altering,   repairing. 

etc..    pipes    of    water-works 1107         J.'."! 

of   i)ortable   scales,   city   weighers 112^ 

to  secure  contracts  for  public  work 9.^7            ■    - 

same — conditions    of    bond 987          ll»8» 

same — decisions  on  who  may  sue,  and  for  what,  see  note  to  sec. 

1989    9S7 

of   auctioneers 1020         212S 

of    horse    auctioneers 1021 

by  manufacturers,  before  license.  condltlonH.  etc 10.'!;: 

by  rnercli            '              '                       "  '             fc ■ !"''           _.i>l 

from   pau                                                                    ve  ordinances  ■          .'211 

of  runnels  mm    i.v                               •.i,-,   iiwi,-ia,  etc l"*.'.         224o 

of   vault   cleaners.                                - 1050         22C7 

Collector  may  take ...  ,<utles  to  secure  himself.  1056         2292 

to  pay  unpaid  8|)eclal  sewer  tax  bills,  when  allowed...  10S9         2304 


IISO 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


Index  to  Charter  mid  A'ofes,  pp.  463-542. 

Index  r;i  tichem".  pp.  279-286. 

Index  to  State  Laws  for  .Vf.Lowis. pp.225-25C. 


BOND — Continued.  p.4ge. 

bonds  for  contracts  to  furnish  city  supplies 1079 

from  employes  to  secure  Treasurer 1095 

from  employes  to  secure  Assessor,  etc.,  of  Water  Rates 1096 

of  weighers  on  private  scales 1120 

what  is  breach  of  weighers 1121 

BONDS,   (OF  PUBLIC  OFFICIALS)—  , 

remain  in  custody  of  Register 1005 

same — except  Register's  bond,  with  Comptroller lOOG 

all  city  officers  to  give 90G 

approval  of  form  of,  and  of  sufficiency  of  sureties 90G 

approval  when  compellable  by  mandamus,  see  note  to  sec.  1677 . .  900 

Mayor  to  approve  all  city  bonds,  also  Constables'  bonds -  Q„p 

to  be  filed  with  Register 906 

when  new,   may  be   required   of  officers 907 

to  whom  new  bond   provision  applies 907 

bond  examining  board,  who  constitutes 90? 

duties   of   bond   examining   board 907 

neglect  of  duty  of  board,  misdemeanor 907 

of  Building  Commissioner   549 

of  janitors  and   night-watchmen   of   public  buildings 551 

of  Deputy   Building  Commissioner 553 

of   Chief  Clerk,   Assistant   Clerk   and    Permit    Clerk   of   Building 

Commissioner    554 

same  amended  by  ord.  22778,  see  appendix 1132 

of  Chief  Inspector  of  Building  Commissioner 554 

of  other  inspectors  of  Building  Commissioner 554 

same — amendment  to  sec.  34,  see  appendix,  ord.  22749 1132 

of  City    Surveyors    -. '  •'!'* 

(  614 

of    Coroner    C14 

of  factory  inspector,  deputies  and  clerk 624 

of  chief  of  Fire  Department G25 

of  Superintendent  of  Fire  and  Police  Telegraph 630 

of  Clerk  of  Board  of  Health CG4 

of    Health    Commissioner GG5 

of  assistant   Health   Commissioner 666 

of  City    Chemist    .-. G70 

of  milk    inspection    employes 672 

of  veterinary  surgeons  ajipointed   by  Health   Com'r 683 

of  inspectors  of  meat,  fish,  vegetables,  fruit,  etc 686 

of  Superintendent    of   Poor-House 732 

of  Supervisor  of  City   Lighting 791 

of  subordinates  in  garbage  division  of  street  dep't 805 

of  City    Forester    813 

of  employes  in  department   of  City  Forester 813 

of  assistant    Police    Court    Clerks /  ^H 

I  bJO 

of  clerks  of  Police  Courts 820 

of  Marshal    833 

of  City  Attorney  and  Assistant  City  Attorney 836 

of  Associate   City  Attorney 837 

of  City   Counselor    838 

of  Associate   City   Counselor 839 

of  Second  Associate  and  Assistant  City  Counselor 839 

when  new  bond  may  be  required  by  officers 907 

new  bond  provisions  to  whom  applicable '. 907 

of  jailer    917 

of  dei)Uty  jailer,  guards  of  jailer 917 

of  Work-House    Superintendent    924 

of  other  Work-House  employes 924 

of  Secretary  of  Board  of  Examiners-  of  Plumbers,  see  appendix. 

ord.    23107     1150-1153 


SEC. 

2383 
2443 
2453 
2558 
2562 


2062 
2068 
1676 
1077 

1500 

1678 

1679 

1680 

1681 

1682 

1683 

1684 

10 

16 

30 


^  1 
ol 


33-34 

236 

237 

241 

282 

286 

308 

445 

451 

455 

477 

486 

525 

537 

779 

1140 

1206 

1252 

1253 

1269 

1270 

1273 

1330 

1342 

1346 

1350 

1353 

1358 

1680 

1681 

1736 

1738 

1779 

17S0 


INDEX  TO  REVISED  CODE  OR  GENERAL  OKUINANCES.  IISI 


I 


Index  to  Chartfr  ami  Suit's,  pp.  J63-r)42. 

Iiuli'X  to  Sthi-me,  pp.  27y-iSt; 

Index  to  State  Laws  tor  St. Louis, pp.22b-2bG. 

BOND  (OF  PIBMC  OFFICIALS)— Continued.  paoe.  sec. 

of  Supervisor  of  Plumhin.t;  and  subordinates 927  1792 

of  Secretary   of   Hoard   Public   Improvements 907  19U 

of  .Assistant,  deputy  and  Assessor  of  Special  Taxes  In  offlce  Prea. 

B.    P.    1 974  1941 

of  President   Board   Public   Improvements 989  1995 

of  Street    Commissioner    9S9  199C 

of  Sewer   Commissioner    990  199" 

of  Water   Commissioner    990  1998 

of  Harbor   and    Wharf   Commissioner 990  1999 

of  Park    Commissioner    990  2000 

of  Assistant  to  Sewer  Com'r,  Assistant  to  Water  Com'r.  Chief 
Mechanical  Engineer  Water  Dept.  and  Supt.  of  Park  Depart- 
ment      990  2001 

of  employes   President   Board    Public    Improvements 991  2003 

of  employes  in  Sewer  Department  not  otherwise  fixed 993  2011 

of  employes  in  Harbor  and  Wharf  department 994  2012 

of  Recorder   of    Deeds 1003  2"49 

of  Recorder,  failure  to  give,  effect  of IO03  2050 

of   Register    lOoo  20G7 

of  President  and   District  assessors lOrt"  2071 

of  superseded  license  commissioner 1017  211G 

of  certain  employes  of  license  collector lOlS  2121 

of  Collector,  requisites,  new  bond,  etc 1055  2289 

of  assistant  clerk  of  Inspector  of  Boilers  and  Elevators lOGG  2325 

of  Inspector  of  Boilers  and  Elevators IO70  233,S 

of  Deputies   of   same 1070  2339 

of  assistant  Inspectors  of  same 1070  2340 

of  clerk  of  same 1071  2342 

of  members  of  Board  of  Engineers 1071  2343 

of  Commissioner   of   Supplies. li)75  23G9 

of    Auditor    " lOSo  240C 

of  Comptroller    10S9  242G 

of  Treasurer   1092  2439 

of  Asesssor  and  Collector  of  Water  Rates 1090  2450 

of  deputy   of  same 1090  2451 

of  Inspector  of  Weights  and  Measures IIIG  2542 

of  Weighers   of   Scales 1119  2555 

same — what   is  breach  of 1121  2502 

of  Inspectors  and  measurers  of  lumber, .., 1129  2592 

BONDS  OF  CITY.  OR  OTHER  CITY  INDEBTEDNESS— 

how,  where  and  by  whom  paid lOSO  2890 

regulations   for  payment   by   treasury   department lOSO  2390 

crediting  treasurer  with   canceled  and   paid 1">>1  -'391 

sales  of,  to  be  reiiorteil  to  auditor 10s2  2392 

coupon,  may  be  exchanged  for  registered,  how loS3  2390 

contents  and  form  of  registered 10S3  2397 

transfer  of  registered,  cancellation,  new  registered  to  issue 1083  239S 

how  principal  and  Interest  of  registered  bonds  paid 10S4  2399 

cancellation  of.  how  accomplished,  preserved  by  whom 10S4  2400 

register  to  keep  book  of  Register  of  city  bonds lOSS  2424 

payment  of  proceeds  into  treasury 1092  2439 

Assistant  Treasurer  to  notify  Comptroller  each  day  of,  or  couiwns, 

paid  that  day   1094  2442 

St.    Louis   Water  Bonds"— sinking  fund 1113  252S 

sinking  fund,  how  Invested  by  Fund  Commissioners 1113  2529 

fund   for   Interest   on   water-bonds 1113  2530 

renewal,  authorized,  ord,  22.SG5,  ap|)«ndlx 11C2 

BONE  niRNING.  ETC.— 

when  nuisance,  see  Xuisance. 
BONE  FACTORY— 

See  Factory. 

BOOKS— 

of  officials — See  names  of  officials, 
of  public  library — See  Public  Library. 


1182 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


(  Index  to  Charter  and  Notes,  pp.  463-542. 

i  Inde.x  to  Scheme,  pp.  279-286. 

(.  Index  to  State  Laws  for  St.  Louis,  jjp.  225-25G. 

BOULEVARDS—  pagk. 

[For  Items  equally  applicable  to  other  highways,  see  Streets  and 
Highways.] 

ordinances  for,  to  be  prepared  by  Board  Public  Impts 968 

BRAKES— 

on  street  cars — See  Street  Railway  Cars. 
BRAND— 

burning,  how  carried  in  streets 612 

BRASS  KNUCKLES,  ETC.— 

carrying   is   misdemeanor .,.:..       S79 

BREAD— 

adulteration  of  6SS 

BRICK— 

See  Buildings. 

quality  of  in  buildings '570 

wetting,   when  and  when  not 571 

walls,    thickness   of .571-572 

piers,    etc 572 

stories,   etc 573 

BRICK-KILNS— 

704 
not  to  be  opened  or  operated  without  ordinance Aoc- 

decisions  respecting,  see  note  to  see.  625 704 

BRIDGE— 

over    Mississippi — note    to    sec.    345 636 

rate  of  speed  over,  violation  misdemeanor 883 

speed  section  to  be  posted  on 883 

to   what,    ordinances   apply 883 

BRIDGING — 

See  Biiihlings;  Excavations. 

BROKERS— 

of   stocks  and   bonds  when   must    have   auctioneers'   license,   see 
Auctioneer. 

financial,    require    license 1021 

mining-stock,   license    1021 

amount  of  license 1021 

or  financial  agents,  defined ......' 1022 

posting  of   licenses   to 1022 

licenses  not  to  issue  to  whom 1022 

penalty   violating   article   relating   to 1022 

merchandise,   defined    1023 

merchandise,  and  all  assistants  and  agents,  require  license 1023 

penalty  doing  business  as  such   brokers  without   license 1023 

house  and  real  estate,  see  Real  Estate  Agents. 

railroad  and  steamboat  ticket,  see  Railroad  Ticket  Brokers. 

BUILDINGS— 

See  Public  Buildings — Commissioner  of  Public  Buildings. 

to   be    inspected 555 

governed  by  new  building  ordinance  or  code 556 

not  to  be  altered  or  enlarged  without  prior  inspection 557 

a'teration  or  construction  to  conform  to  ordinance 557 

recovistruction  of  buildings  damaged  by  fire 557 

not  to  be  constructed  or  altered  without  permit 557 

plans  and  specifications  for,  to  be  filed 558 

plans  and  specifications  for,  shall  show  what 5BS 

plans   and   specifications,    approval    of 558 

alteration   of   plans  and   specifications 559 

permits  for,  extension,  cost,  revocation,  etc.:  see  Permit. 

fee   for  inspection   of 560 

duty  to  notify  Commissioner  when  ready  for  inspection 560 


1913 


227 

(  1548 
\  1549 

552 


84 
85 

86-93 
94 

95-96 

625 
626 


1570 
1571 
1572 


2137 
2137 
2138 
2140, 
2142^ 
2143 
2144 
2147 
2148 
2149 


38 
41 
43 
44 
45 
42 
46 
48 
48 
49 
50 


55 
56 


INDEX  TO  REVISED  CODE  OK  OENEUAI.  OUDINANCES.  1183 

{Index  to  Chiiilrr  ami  Xotfn,  pp.  4G3-r>42. 
Indt'X  to  Nc/ifiiif,  pp.  279-:i8ti. 
Index  to  Stale  I^aics  for  St.  /.uiijx.pp. 22&-23G. 

HI' I LUINCS— Continued.  ivvtiE,  sEC. 
no    kiihlns.    plastering    or   sheatlilnK    on,    nntll    lertlllcale    from 

HI'k.    Coin'r.    Klven SCO  5C 

alleriitlcns,  niovinK  or  tearing  down &61  37 

right  of  Board  of  Appeals  to  enter 5C2  60 

definition  of  terms  in  ordinance  affecting 502  61 

what  are.  of  first,  second,  third  and  fourth  class 562  61 

Hrst  class,  must  be  constructed  how 563  62 

what,  must  be  first  class ; 563  63 

what  are  second  class 504  04 

what   are  third   class 504  05 

fourth  class,   not   allowed  in  fire-limits 565  06 

tire   limits  defined 505  CO 

Iron-clad,   in   fire   limits 505  07 

frame,  inside  fire  limits 560  CS 

fourth  class,  where  permitted 567  69 

materials   used    in,   recpiirements 567  70 

limit  of  height  of 567  71 

excavations  for,  see  Excavations. 

ground  test  before  erecting 5CS  74 

loads  to  be  carried   by  the  soil 568  75 

piling    568  76 

foundation  of,  what   required 569      '       77 

ground  dampness,  or  water,  must  be  drained 569  78 

retaining  walls,  requisites  of 509  79 

footings   .'•69  80 

materials  for  walls 570  81 

concrete    570  82 

same — new  ordinance  No.  23013  appendix 1134 

mortar    in,    quality 570  83     ' 

brick  work  and  bond,  quality .■)70  84 

wails  of  brick,  quality 570  84 

brick,  when  wetted 571  85 

thickness  of  brick  walls  in /  ,-,  ,„„ 

(  5i4  103 

walls  in,  supporting  trusses 571  87 

walls  in,  with  openings,  bearing  walls,  thickness 571  88 

recessee  and   chases 571  89 

walls  with  air  spaces  and  hollow  brick 572  90 

restriction  on  use  of  timber  in  walls ^. 572  91 

non-bearing  walls  in.  n\ay  tie  of  reduced  thickness 572  92 

thickness  of  curtain  walls  in 572  9;l 

brick  or  stone  piers,  bond  and  caji  plates  in 572  94 

height  of  stories  In 573  9."» 

brick   walls  for  one-story 573  9G 

stone  ashlar,  terra  cotia  and  metal  facings  In 573  97 

party  walls  existing  in.  may  be  used 573  98 

party   walls  to   be  carried   above   rooting 574  102 

Increasing  height  of  existing  walls  in 573  99 

walls  of.  not  to  be  carried  up  in  advance  of  others 574  100 

piers  In.  how  anchored 574  100 

walls  and  l>eams  to  \te  braced 574  101 

parapet  Are  walls  and  copings 574  102 

brick  walls  for  dwellings,  lodging  and  tenements 574  103 

slated    walls   and   gables   In 574  104 

flre-proof  walls  for  light  and  vent  shafts 674  105 

height  of  hollow  tile  partition  walls,  etc 575  106 

partition   walls   in 575  107 

partitions  and  wall  furring  In 575  108 

flre-proof    partitions    in 5J»  '"* 

flre-slops  in  partition  walls,  etc 575  109 

wall  to  be  plastered  back  of  wainscoting 57C  MO 

ceiling  of  cellar  or  basement,  how  to  Ih-  plastered 570  111 

ceilings,   partitions,   lathing,   lime,   coats,   .'tr  .    spe   ord.   22718.   In 

appendix    "22 

roofs  of.  regulations,  concerning...  577  112 


1184  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


{ 


Index  to  Charter  and  Notes,  pp.  463-542. 

Index  to  Scheme,  pp.  279-286. 

Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 


BUILDINGS— Continued.  p.\ge.  sec. 

roofs   of   contiguous 577  113 

mansard   roofs  defined,   fireproof 577  114 

repairs  and   renewal  of  roofs  In 57S  115 

metallic  leaders  from  roofs  on 57S  116 

draining  water  from   roofs   of 57S  116 

cornices  on    578  117 

t  578  118 

balconies  in,  may  extend  how  far J  812  1243 

[  777  1092 

bay  or  oriel  windows,   regulations  concerning 57S  119 

show-    windows,    regulations    concerning 579  120 

signs  on  or  attached  to,  regulations  concerning 579  121 

towers,  dormers  and  spires  on  top  of 579  122 

pent  houses  on,  how  constructed 580  123 

water   tanks   on 580  124 

least  thickness  of  wooden  beams  in 580  125 

joists  to  be  covered  during  construction  of 580  126 

in  construction  of,  workmen  to  be  protected 580  126 

wooden   beams   in    party    walls   of 580    i       127 

ends  of  beams  to  be  beveled 580  128 

bridging  of  joists  in 580  129 

anchoring  walls  to  joists,  girders  or  beams 580  130 

wood  work  or  beams  near  flues 581  131 

trimmer  or  header  beams  in 581  132 

stirrup    irons    581  133 

cutting  beams  for  pipes,  in 581  134 

gas  and  water  pipes  in 581  134 

,         stairways  in  mercantile  and  manufacturing 581  135 

stairways  for  hospitals,  asylums,  schools,  halls,  etc 582  136 

stairways  in  hotels,  lodging  and  tenements,  etc 582  137 

scuttles,    bulkheads,    ladders 582  137 

fire-escapes  in   583  138 

stand-pipes  in  connection  with  fire  escape 584  139 

stairways  and  fire-escapes  to  be  kept  unobstructed 584  140 

fire-doors  and   shutters   necessary   when 584  141 

shutters,    how    arranged 584  142 

inside  fire-doors   58S  143 

fire-shutters  and  doors  to  be  closed  at  night 585  144 

sewer-connections  in  mercantile  or  manufacturing 585  145 

fire-places,  chimneys  and  flues  in \  -c-  •,  j^ 

supports   for   chimneys   in 586  148 

fire-places  and   hearths  in 586  149 

boilers,   furnaces   and   ovens   in 586  150 

stoves,  ranges,  ash  boxes,  etc 587  151 

smolve-pipes,  hot  air  pipes,  registers,  steam-pipes  in 587  153 

boiler  rooms,  coal  or  fuel  rooms,  in 588  155 

boiler   houses    in 589  156 

cupola  furnaces  for  foundries,  chimneys  what 589  157 

burning   of   gas   in 590  161 

gas-fixtures    in    590  162 

gas  pipes  and  fixtures  to  be  kept  in  order  by  whom 590  163 

hatchways,  well  holes,  hoist  ways,  etc.,  to  be  guarded 590  164 

haichdoors  for  Elevators  and   Hoistways 591  167 

inclosures  of  elevators  in  mercantile  and  manufacturing 591  168 

elevators  in  connection  with  stairways 591  169 

elevator  shafts  grated  at  top 591  170 

dumb-waiter    shafts    591  171 

sky-lights'  over    elevators 592  172 

strength  of  floors  and  roofs  in,  required 592  173 

same — respective  loads  of  diiterent  classes  of  buildings 592  173 

strength  of  floors  to  be  computed 592  175 

notice  posted  of  strength  on  each   floor  of  mercantile  or  numu- 

facturing     593  176 

columns  in   593  177 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1185 

f  Index  to  Charter  ami  Xotes,  pp.  4G3-542. 

}  Iilde.x  to  Srhrmc,  i)|).  l'T9-2S(). 

I  Index  to  State  Laics  for  S(.Z,OHis.pp.225-25C. 

BLILDINGS— Continued.  P„;e,  „,,p_ 

loails   on   columns   In 593 '  yj^ 

loads  on   girders   In 593  J79 

loads  on  beams  in 594  jgQ 

factors  of  safety,  allowable  unit  stresses  in 594  isi 

restriction  of  door  areas  in ; 595  132 

unrestricted   floor   areas   in 595  133 

same — when   stairs   and   elevators   open 595  I84 

skeleton    construction    of 596  185 

exterior    walls    of    skeleton 59C  I8G 

wind    pressure   on   skeleton 590  187 

construction  of  skeleton,  to  conform  to  standards 596  188 

fire-escapes,  rope  ladders  in  hotels  and  boardiuK  houses 590  1S9 

posting  notice  of  compliance  with  llreescape  ordinance  in '><)'  19o 

watchmen  In  hotels,  lodging  houses  to  guard  against  flres 597  191 

height   of  rooms,  ventilating  skylights,   windows,  etc.,  in   hotels, 

apartment    houses,    etc 598  194 

used  as  theatre  or  opera  house — See  Theatre. 

stairways,    exits,    aisles,   curtains,    stage,    etc.,    In    theatres — See 

Theatre. 

doors  of  all  public  assembling,  to  swing  outward 608  212 

aisles  not  to  be  obstructeil — See  Ohxlnictioii.^. 

for  private  hospitals,  lying-in   homes,  etc.,  regulations,  see  ord. 

2299S    In    appendix 1142 

.  .1       i.  1  r    fii'9  216 

unsafe,  notice  to  remove  or  make  secure .'    ,.,„  "  " 

I    010  217 

unsafe,  cost  and  procedure  to  remove  or  secure 609  216 

condemnation   of  unsafe 609  21G 

agent  or  owner  shall  not  rent  or  lease  unsafe,  after  notice GIO  218 

commissioner  may  enforce  any  provision  in  building  code.  how. .  611  219 

costs  of  enforcing  building  code,  lien  ou,  etc 611  219 

boiling    Inflammable    matter    for 611  223 

cleaning  and  burning  out  of  flues  and  chimneys  in fil2  231 

G13  233 

kept    in   what |    g,3  ,34 

concrete,  etc.,  new  ord.,  see  ord.  23013,  appendix 1134-1138 

..          .,       u     .    ,.             1      .  t  I    G43  349 

beyond    wharf   line    unlawful ■.    g^,  ~cq 

for  cow-stables  and   dairies — See  Dairies. 

vaults  under  sidewalks  from — See   Vaults. 

vaults,  jirivies,  water-closets  In.  see  Yaiilt.i.  Privies  and  Water- 
Closets  :  also  Scicers. 

used  as  tenement  houses — See  Tenement  Houses. 

used  as  boarding  or  lodging  house — See  Lodging  House. 

used  as  hotels — See  Hotels. 

temporarj-  occupation  of  highways  or  streets  while  erecting— 
See  Streets  and  Highways. 

rubbish    from    burned 768  929 

on  property  condemned  for  street,  etc.,  purposes,  sold  by  Marshal       768  931 

down  pipes,  or  spouts  on.  soil  or  waste  pipes  In.  etc.,  see  Pipes. 

sewering  and  plumbing— See  Sewers:  Plumbing. 

Independent  structures  at  markets  forbidden 861         1469 

what  shall  not  be  erected  at  markets 8C1         1470 

letting  for  bawdy  houses— See  BawdyBouses. 

letting  for  gambling  or  lottery— See  Oambling;  Lolteriei. 

damaging  public,  see  Public  Property.  ^^^^        ^^^^ 

water-connections  for  erection  of . .  \\\n        2617 

use  of  water  for.  being  erected J|"2        2486 

water  rates  for  different  kinds  of ""•*         -*^  ' 


1186  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


{ 


Index  to  Charter  and  yotes,  pp.  463-542. 

Index  to  Scheme,  pp.  279-286. 

Index  to  State  Laws  for  Sf.Loais, pp.  225-256. 


BUILDING  CODE —  p.*.ge.  sec. 
See  Buildings. 
violations  of,  see  Misdemeanor. 

definition  ol:  terms  used  in 562  61 

provisions  of  how  enforced  by  Commissioner 611  219 

costs  of  correcting  violations  of,,  how  paid 611  219 

violations  of,  to  be  reported  by  police 611  220 

BUILDING  COMMISSIONER— 

See  Commissioner  of  Public  Buildings. 

BUILDING  MATERIALS— 

See  Buildings. 

on  streets,  etc. — See  Streets  and  Highways;  also  Obstructions. 

BURIAI^- 

duty  of  coroner  concerning — See  Coro7ier. 
of  dead  animals — See  Dead  Animals. 

certificate  for,  to  be  signed  by  registered  physicians /    -^2  597 

without  proper  certificate,   penalty .;    „,«  001 

certificate  for,  where  no  attending  physician 742  828 

none  without  reporting  death  and  obtaining  permit 743  829 

(  742  827 

by  sextons,  overseers,  etc.,  what  required -j  743  830 

(.  747  858 

f    743  832 

by  sextons,  etc.,  failure  to  make  proper  report,  penalty ■,     „,,  „„, 

form   of  blank  certificate   for 744  836 

removal — See  Dead  Body. 

violation  of  article  on  mortuary  records 744  839 

intering  and  disintering  bodies,  etc. — See  Dead  Body. 
authorized  in  w'hat  cemeteries,  etc. — See  Cemeteries. 

body  to  be  buried   how   deep 747  854 

when    Health   Commissioner   may   require 748  861 

of  body  when  required,  penalty  for  refusal 748  862 

delayed,   duty   of   police,   etc 748  862 

processions S79  1547 

BURIAL  GROUNDS— 

See  Cemeteries.  _ 

BUSHEL— 

standard    established    1117         2547 

See  Weights  and  Measures. 

BUTCHER— 

See    Meat;    Meat-Shops. 

when   guilty   of   nuisance <    r-n-<  gna 

stalls  at  markets — See  Markets. 

may  be  meat-shop  keeper,  see  note  to  sec.  1473 862 

and  meat  shops — See  Meat  Shops. 

BUTTER— 

how  sold — See  Markets. 

products  of  milk,  etc 675  49S 

See  Milk. 

c 

CABLES— 

for   electric   contrivance   in   streets — See   Electric   Wires.    Tubes, 
Conduits  and  Cables. 

CABS— 

See  Vehicles. 

CALVES  AND  SHEEP— 

See  Animals;  Cows;  Cattle. 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1187 


f  Iiult'X  to  Chailfi-  oil,;  Sutc.s,  \t\>.  46a-r)42. 
Index  to  Scheme,  pp.  L'TJl-l'SC. 
Index  to  Stale  Laus  for  St.  Louis. \ny.22o-2aG. 


\ 


SKC. 


CANDLE  FACTORY— See  Factory. 

CANDY,  ETC.-  r^oP^        

adulteration    of   misdemeaDor jgg  555 

CARCASS— 

See  Vead  Animals. 

CARRIAGES— 

See  Vehicles. 

CARONDELET   I'ARK- 
See  Parks. 

CART— 

See  Vehicle. 

CARS — See  Street-Railivay  Vars;  Steam  Railroads. 

CATTLE— See  Coics. 

hours  for  driving  through  streets 883  1574 

decisions  on  right  of  city  to  regulate,  see  note  to  sec.  1574 884 

regulations   concerning    driving   of 884  1575 

police  to  assist   marshal   to  impound 884  1570 

exceptions  to  cattle  driving  ordinance 884  1577 

not  to  run  at  large,  taken  by  marshal 885  1578 

fl578 

provisions  as  to  impounding,  estrays,  selling,  etc 885  \    to 

(1581 

loose,  prohibited  within  certain  distances  of  parks 997  :fll2:! 

live-stock  not  to  be  sold  at  auction  on  street 1021  2134 

horse  and  cattle  dealers — See  Horse  and  Cattle  Dealers. 

CEILINGS— 

See  Buildings. 

CELLAR— 

deflnition   of.    in    building   code 5C2  01 

definition   of.   in   nuisance   article 706  029 

doors,  in  sidewalks,  to  be  closed  and  secure..." 806         1214 

decision  on  accident  falling  In,  note  to  sec.  1214 806 

CE.METERIES— 

burials  in — See  Burials. 

sextons  in,  requirements  of — See  Burials. 

f  743  .S30 

sextons  of  to  make  what  reports,  etc -j  to  to 

I  741  835 

note  of  decisions  and  references  on,  see  note  to  sec.  847 "4i; 

which,  are  authorized   as   legal 745  847 

limits  of.  not  to  be  extended 746  848 

private,  must  be  authorized   by  ordinance 746  849 

.,■■„.■.           .u     .      1  (746  850 

burials   allowed   only   in   authorized •;    .,„  ^-J 

disinterments   from,   when    required 740  852 

disinterment,  etc. — See  Dead  Body. 

in  charge  of  sexton 717  s:.:? 

burial  of  body,  regulations — See  Burial. 

injury  to  property  of.  or  to  gravestones,  tombs,  etc 747  S5C 

general  penalty  clause  for  vlnlaHnns  of  article 747  s.'.s 

article  on.   how  construed.  "48  800 

CEREBRO-SPINAL  FEVER— 

See  Coji/aj;iou»  or  Infectious  Diseases. 

CERTIFICATE— 

from  nuilding  Commissioner — See  Commistioner  of  Public  Build- 
ings. 
of  election  of  coroner  614  240 


1188 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


Index  to  Charter  and  Xotes,  pp.  463-542. 

Index  to  Sriieme,  pp.  2T9-2S6. 

index  to  State  Laivs  for  S?.  Louis, pp.  225-25C. 


CERTIFICATE— Continued.  p.^ge. 

for  inspection   of  factory 623 

(  G33 

I  G33 

for  measuremeut   of  firewood ;  633 

I  633 

I  633 

for   milk   vendors   registration 674 

to  practice  medicine  or  surgery f    '^J: 

(     720 

1       •   lo  ''20 

for    burials „ . . 

I      (44 

t.    747 

^     72S 
to   insanity    of   persons i 

death,  by  physician    742 

death,   where  no  physician   attended 742 

burial    without,    penalty 743 

bringing    in    body    without 745 

for    cremations    749 

for  house-numbers  from  street  commissioner 77G 

C  790 

o#  persons  authorized  to  work  on  electric  contrivances,  etc J  790 

i  790 

for   smoke-inspectors    S94 

for  dog-tax,  when  paid S9S 

for  plumbers,  see  appendix,  ord.  23007 1150-1153 

for   drainlayers    926    1' 

(     9''6 
for  journeymen  plumbers,  drainlayers  or  sewer  builders .^n 

from  Mayor  for  Public  Porters'  license 932 

from  B.  P.  I.  as  to  street-car  fenders 95S 

from  B.  P.  I.  as  to  street-car  brakes 959 

of  election  of  Recorder  of  Deeds  from  Register 1003 

blank,   issued   by   Register 1006 

of  election  from  Register  to  Collector 1055 

j'  1072 

of   Inspection   of   boilers M  069 

I,  1074 
of  license  to  engineers  from  Board  of  Engineers ■■  .^gg 

of  inspection   of   elevators '      '. 

operating  elevator  without,  penalty 1074 

|-1114 

.  irom  Inspector  of  Weights  and  Measures -.'  1115 

(  1116 

blank  for  Inspector  W.  and  M.  from  Comptroller 1116 

for  weighing  articles  on  private  scales,  coal,  etc 1120 

bringing  and  selling  without  proper,  misdemeanor 1122 

of  weight  of  wagons,  etc 1123 

to  persons  having  weighing  done 1124 

dealing   without    weighing   prohibited 1125 

persons    issuing    unauthorized    certificates 1126 

.     of  measurement    for   lumber 1130 


.SEC 

280 

323 

324 

325 

328 

330 

494 

698 

699 

701 

702 

836 

858 

755 

763 

827 

828 

831 

841 

865 

to 

867 
1086 
1134 
1136 
1137 
1624 
1640 

7SS-1789 

17SS 

1796 

1S05 

1S74 

1875 

1876 
(  1877 
\  1878 

2048 

2063 

2288 

2351 

2330 

2335 

2363 

2332 

2334 

2357 

2363 

2360 

2533 

2537 

2541 

2541 

2558 

2564 

2566 

2570 

2572 

2577 

2596 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1189 

Index  to  Charier  and  Xotes,  pp.  463-542. 

Iml.'X  to  Srhemt;,  pp.  279-286. 

Index  to  Stale  Laws  for  St.  Lou  Is,  pp.  225-256. 

CESSPOOLS—  PAOE.  sec. 

when    forbidden     10C2  2313 

required,    where   sewer   inaccessible 1063  2314 

See  Sewers:  Vaults,  Privies  and  Water-Closets. 

CHANGE  OF  VENUE— 

in  police  courts — See  Police  Courts. 

CHARCOAL— 

.  ,  (633  331 

how    measured     .|  ^^^8        ,.^3 

inspection    of    measures    of 634  332 

violation  of  chapter  on,  misdemeanor 634  333 

fees  for  measuring 1115         2538 

CHARITABLE  INSTITUTIONS— 

See  Foundlings ;  Cummissinncrs  of  Charitable  and  Penal  Institu- 
tions: and  see  under  the  respective  institutions,  such  as  City 
Hospital.  Female  Hosiiital.  Uispen.sarie.i,  Jail,  ^'orkhouse.  In- 
sane Asylum,  Poorhouse.  St.  Louis  Industrial  School,  etc. 

CHASES— See  Buildings. 

CHEMIST— 

See  City  Chemist. 

CHICKEN-POX— 

See  Contagious  or  Infectious  Diseases. 

CHIEF— 

of  flre  department — See  Fire  Department. 
of  police — See  Police. 

CHILDREN— 

See   .yiinors:  Foundlings. 

CHIMNEYS- See  Buildings. 

regulations    concerning    685-5S6  146-14S 

cupola  furnaces  in  foundries  to  have  what 589  157 

regulations   as    to   height 589  158 

Building  Commissioner  may  raise 589  1.19 

cleaning  and  burning  out  of 612  231 

not  to  be  used  as  sewer  or  waste-pipe  ventilator 1064  2314 

CHURCHES — See  Buildings;  Religious  Worship. 

CHOLERA— 

See  Contagious  or  Infectious  Diseases. 

CIRCUS— 

side-shows   to.   defined 1051  2271 

menageries  deflned    1051  2271 

license,  amount  of,  for  circus,  sideshows,  menagerie,  etc 1052  2274 

( 1052  2275 

other   license    provisions \    to  to 

I  1054  2285 

CISTERNS— 

See  Wells  and  Cisterns. 


CITY  ATTORNEY— 

to  be  assisted  by  clerk  Police  Court 821  1273 

all  notices  and  process  against  city  In  Police  Court  ca«efl  to  be  to  827  1302 

In  absence  of.  court  appoints  person 827  1303 

or  assistant,  to  make  affidavit  for  city 828  1304 

may  appeal  for  rlty,  etc..  from  Police  Court 828  1306 

for  court  south  of  .\r8enal,  salary,  etc 831  1320 

qualifications  of  r '>35  1336 


1190 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


■  Index  to  Charter  and  Xotes,  pp.  463-542. 
Index  to  Scheme,  pp.  279-2SG. 
Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 


CITY  ATTORNEY— Continued.  page. 

assistant  City  Attorney,  appointment,   duties /  „„i? 

duties  of  City  Attorney  and  assistant,  in  general S36 

where   to   lieep   offices 83G 

to   mal<e   reports   to  Comptroller 836 

salary  of,  and  of  Assistant  City  Attorney S36 

bonds  of.  and  of  Assistant  City  Attorney S36 

cannot  act  or  be  api)ointed  except  as  provided  by  law  or  charge 

city,  see  notes  to  sees.  1339,  1341 S36 

Associate  City  Attorney,  duties,  controlled  by 836 

Associate  City  Attorney,  appointment,  term 837 

salary  of  Associate   City   Attorney 837 

bond  of  Associate  City  Attorney 837 

or  assistant,   may  appoint   substitute,   when 837 

or  assistant  not  to  appear  against  city 837 

appointed    by    Mayor 86S 

assistant   South  of  Arsenal  appointed  by  Mayor S6S 

to  represent  prosecution  when  elective  officer  is  tried  on  charges 

by    Council     910 

may    insjject    pawnbrokers'    register 1040 

may  inspect  second-hand  dealers'  register 1058 

CITY  BACTERIOLOGIST— 

office  of,  tenure,  salary,  removal 667 

location    of   office,   duties,    qualifications 668 

location  of  laboratory  under  recent  ordinance  (see  appendix,  ord. 

22561)     1141 

assistants  to,   how  appointed,   duties 66S 

qualifications   of   assistants   of 668 

salary  and   removal   of  assistants  of 668 

terms   of  assistants,   when   expire 668 

assistants  give  whole  time — duties — what  rules  govern 668 

clerk  and  janitor  for,  appointment,  etc 668 

compensation   of  clerk  and   janitor — duty   of  janitor 668 

suspension   of  clerk  or  Janitor GG9 

salary  of  clerk  and  janitor,  how  paid 669 

two  laboratory  assistants  to.  compensation,  duty.  etc.  (ord.  22S10, 

see  appendix )    1140 

Snogdrass  Laboratory  of  Pathology  and  Bacteriology,  equipment, 

etc.    ( See  appendix,  ord.  223611 .' 1141 

duties  of  as  to  inspection  and  analyses  of  milk — See  Milk. 

CITY  CHEMIST— 

office  created,   appointment,   term -,     „p„ 

salary  and  bond  of 670 

qualifications    670 

analyses  and  tests  by,  duties  of.  rules  of  office 670 

sundry  assistants  and  employes,  their  salaries,  appointments,  du- 
ties, tenure,   etc 670 

rules  of  office  of 670 

and  assistant,  removal  by  Board  of  Health C71 

on  ])ay  roll   of  Board  of   Health 671 

requisitions   for  office   of 671 

duties  and  powers  as  to  inspection  and  sale  of  milk  and  cream- 
See  Milk. 
assistants  for  milk  inspection — See  Milk. 
vehicles  allowed — See  Milk. 

CITY  COLLECTOR— 

See  Collector. 

CITY  COUNSELOR— 

to  approve  form  of  bonds  of  officials 906 

to  approve  form  of  contracts  by  city,  etc 988 


SEC. 

1337 
1509 
1339 
1339 
1340 
1341 
1342 


1343 
1344 
1345 
1346 
1347 
1347 
1509 
1509 

1702 
2213 
2300 


465 
466 


467 
468 
469 
470 
471 
472 
473 
474 
475 


476 
1509 
477 
478 
479 

480 
481 
482 
483 
483 


1677 
1990 


(    832 

I    '" 

(  S3:i 


to 
!         1327 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  llitl 

(Index  to  Charier  and  Koles,  pp.  ■l63-u42. 
Index  to  Schi-mi;  pp.  279-28G. 
Index  to  Statf  Laws  for  .S7.LoHi«,pp.225-25C. 

CITY  COUNSELOR— Continued.  i-ace.       skc. 

to  approve  form  of  bond  for  runners 1045        2240 

proceedings    by,    where    wharf   obstructed 645  3C1 

to  protect  city  on  sales  under  execution  for  beneflts  assessed  In 

street  opening  or  condcninallon  cases 753  880 

acknowledge  satisfaction  of  judgment  of  beneflts  assessed 754  8S1 

duties  as  to  removing  obstructions  in  highways,  etc 709  933 

to  collect  unpaid  sprluliling  tax  bills 773         1080 

f    83**         13**4 
duties  res|)ecting  locating  offices  and  supplying  Justices  of  the 

Peace  

nuallficatlons  of   83S         1349 

bond  of  833         1350 

creation  of,  associate  and  quallflcatlons  of  associate.    (See  append. 

ord.  2303S.  amending  R.  C.  sec.  1352,  p.  839) 1149 

bond  of  Associate 839         1353 

Second  Associate,  office,  appointment,  etc ■,    „A        .-qq 

qualifications  of  Second  Associate,  see  append.,  ord.  23038,  amend- 
ing R.  C,  sec.  1355 1149 

Assistant  City  Counselor,  office,  appointment,  etc <    g^o        j-qq 

qualifications  of  Assistant  City  Counselor,  see  append.,  ord.  23038. 

amending  R.  C.  sec.   1357 1149 

bonds  of  Second   Associate  and   Assistant 839         1358 

terms  of  Associate  and  Second  Associate 840         1359 

Chief  Clerk.  Clerks,  Stenographers,  tenure  of  office,  duties,  etc. — 

See  appendix,  ord.  2303S,  amending  R.  C,  sec.  13G0 1149 

qualifications  of  Clerks,   Stenographers,   etc.    See  appendix,  ord. 

23038,   amending   R.   C,   1361 1149 

salary   of    .S40         1362 

salary    of    Associate 840         1363 

salary  of  Second  Associate 840         1364 

salary  of  Assistant— See  ord.  2303S,  amending  R.  C.  sec.  1365...  1149 
salary  of  Chief  Clerk,  Clerks.  Stenographers,  and  expense  money, 

see  ord.  2303S,  amend.  R.  C,  1366,  1367 1149 

duties  of.  In  general S41         136S 

duty  to  pass  on  bills  pending  In  Municipal  Assembly,  when |    '>,-.  ',' 

duties  anfi  control  of  Associate,  Second  Associate  and  Assistant.       842         1370 
duties  of  Chief  Clerk,  Clerks  and  Assistants,  see  appendix,  ord. 

23038.  amending  R.  C,  sec.   1371 1149 

duties  of  stenographers,  see  appendix,  ord.  23038,  amending  R.  C. 

sec.   1372    1149 

commissioners  in  street  openings  to  meet  In  office  of S42         1373 

special  counsel,  when  and  how  employed,  to  assist,  or  represent 

city    842         1374 

when  may  employ  additional  stenographers,  compensation 843        1375 

appointed    by    Mayor 86S         1509 

one  of  bond  examining  board 907         1682 

to  prepare  l)lanks   for  city  contracts 1082         2395 

CITY  DISPENSARIES— 
See  Dispensaries. 

CITY  FORESTER— 

office  of  created 812         1247 

appointment,  term,  tenure 812         1248 

qualifications  of  813         1249 

duties  of.  in  general 813        1250 

under  control  of  Street  Commissioner 813         1250 

duties  concerning  trees,  etc — See  Trees 

duty  of.  to  keep  record.  813        1251 


1192 


INDEX  TO  RETV'ISED  CODE  OR  GENERAL  ORDINANCES. 


Index  to  Charter  and  Notes,  pp.  463-542. 

Index  to  Scheme,  pp.  279-2S6. 

Index  to  State  Laws  for  St. Louis. pT).225-256. 


CITY  FORESTER— Continued.  page. 

salary   and   bond   of S13 

employes  In  office  of.  appointment,  tenure,  bonds,  salaries 813 

provisions  respecting  trees — See  Trees. 

permit  from,  for  doing  anything  connected  with  trees — See  Trees. 

interference  with  department  of,  misdemeanor 814 

violation  of  article  on.  duty  of  police 814 

article  on,  not  applicable  to  trees  or  shrubbery  on  private  prop- 
erty      S14 

CITY  HALL— 

established,  what  offices  located  in 548 

coroner's    office    in 616 

factory  inspector's  office  in 624 

fire  chief's  office  in 627 

office  of  fire  and  police  telegraph  in 630 

old,  to  contain  First  Dist.  Police  Court 816 

office  in,  of  Commissioners  on  Charitable  Institutions 913 

office  in,  of  Boiler  and  Elevator  Inspector 10C7 

CITY  HOSPITAL— 

two  city  fire-department  men  at ■'  ^"^ 

under  charge  of  Health  Commissioner '  „„° 

\  i21 

requisitions  and  accounts — See  Health  Commissioner. 

when  medical  students  may  visit 722 

surgical  operations  in  city  hospital 722 

clinical   lectures,   when   forbidden 722 

pupils  of  St.  Louis  Training  School  for  Nurses,  when  admitted 

to  hospital   722 

when  parents  may  nurse  children  at 722 

rules  for  selection  of  nurses,  superintendent,  salary 722 

nurses   from   St.   L.   Training    School — See    St.    Louis    Training 

School  for  Nurses. 

additional  nurses,  duties,  salaries,  ord.  22935  in  appendix 1144 

convalescent  patients  m?.y  be  required  to  labor 723 

superintendent   of    723 

bond  of  superintendent  of 723 

salary   of   supei  intendent   of 723 

duties  of  superintendent  of 723 

first  assistant,  qualification,  salary,  tenure 723 

control  over  patients  by  superintendent 724 

control  over  employes  by  superintendent 724 

superintendent's  time  for;   family  board  permitted 724 

assistants  to  superintendent,  qualification,  duties 724 

insane  persons  at,  see  Insane  Persons. 

salaries  of  other  officers  and  employes  in 750 

temporary   help   and   salaries •;  -g- 

superintendent   appointed    by   Mayor -j  i.,, 

superintendent  to  attend  to  treatment  of  sick  prisoners  at  Work- 
House     922 

sick  or  Injured  Work-House  prisoners  to  be  sent  to 923 

CITY  SURVEYORS— 

appointment,    powers,    duties 613 

,>T                   ■   *                                                                                              /  613 

Mayor  appoints    -!  ggg 

.      ^      f  ^614 

bond    of    .  gj , 

term  of  office  and  fees 614 

f  976 

in  employ  of  street  department i  „-„ 


SEC. 

1252 
1253 


1258 
1259 

1260 


1 

247 

284 

291 

306 

1263 

1716 

2331 


285 
2SS 
450 

707 

710 
711 
712 

713 
714 
715 


716 

717 
718 
719 
720 
721 
722 
723 
724 
728 

872 
874 
875 
1509 
717 

1764 
1767 


235 

235 

1511 

236 

237 

238 

1946 

1948 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


119S 


f  IntU'X  to  Charter  nnd  \otes,  pp.  463-542. 

,   IndfX  to  Srhimf,  \i\t.  279-28r>. 

(  Imlex  to  Slate  Laits /or  St.  Lohis.  pp.  225-25C. 

CITY  TREASIRER— 
See  Treasurer. 

CITY  WEIGHERS— See  Weighers;  Scales;  etc. 

CIVIL  ENGINEERS— 
See  Engineers. 

CLAIM  OR  ACCOUNT  AGAINST  CITY— 
See  Auditor:  Bills. 

CLAI.M  FOR  DAMAGES— 
See  Damages. 

CLERK— 

See  names  of  respective  chiefs. 

COAL —  iwc.K.  SEC. 

burning,  on  street  how  carried 612  227 

landing  places  at  wharf  may  be  let  tor 050  378 

measuring  by  deputy  Harbor  and  Wharf  Com'r 650  402 

not  to  be  thrown  on  sidewallv  or  street SOS  1222 

stands  for  sale  of,  where S53  1423 

stands  for  sale  of  from  wagons,  wnere 945  •,cTa 

( 1849 

contracts  for  supplying  city  institutions  with 1077  2374 

fees   for  Inspection  of,  scales 1110  2540 

fees    for    weighing 1124  256S 

tickets  for,  when  measured  by  weighers  on  private  scales 1120  2558 

(  1121  2562 

regulations  weighing,  failure  misdemeanor  or  breach  of  bond..    ■  ,,„X  l-^Z 

11.:  J  ^Ouo 

(  1123  2566 

decision  as  to  city's  right  to  regulate  weighing  of,  see  note  to 

Chap.    40    1113 

driver  required  to  go  to  nearest   scales  on   demand,  penalty   for 

false  certificate,  sale  of  wagon  and  contents,  fine,  etc 1123  2567 

weight  standard   for  measuring  stone-coal 1125  2571 

dealing    in    unweighed.    prohibited {  ll'O  '576 

I  11**5  ''573 

frauds,   short-weight,   altering   certlflcate,   penalties i  nor  ^--4 

COAL  OIL— 

See  Petroleum. 

COLLECTOR   (RE\'ENrEt  — 

to   collect   what   wharfage   fees,   etc 656  403 

to   collect    ferry    license 661  435 

to  have  special  tax-bills  for  sprinkling 772  1080 

bills   for  work   done   by   work-house   prisoners 920  1754 

to  receive  certlflcate  of  election  from  Register 1055  2288 

official  bond,  requisites,  failure  to  renew  creates  vacancy,  etc. .  1055  2289 

collects  all    revenue,   except    water-rates 1055  2290 

dramshop  receipts  excejited — see  note  to  sec.  2290 1055 

collections  how  paid  to  city  treasury  dally 1055  2290 

what   receipts  for  collections  to  show 1055  2290 

to  make  rebate  on   tax  bills 1056  2291 

deputies  of,  appointment,  discharge,  number,  authority 1056  2292 

deputies  of.  collector  responsible  for.  may  take  bond 1056  2292 

books  to  show  dally  receipts  and  sources 1056  2293 

duties  of  Register  as  to  taxes  on   merchandise  and  merchants' 

licenses    transferred    to.... 1056  2294 

salaries  of   deputies  of 11i'>  2295 

costs  of  office  and  salaries  paid  by.  as  provided  by  statute 1057  2296 

one  deputy  to  be  notary  public,  no  comi)€n8«tlon 1057  2297 

certificates  and  duties  as  to  weighing,  etc 1120  2558 

to  enforce  article  on   weighing  scales 1127  2582 


1194  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCEiS. 


{ 


Index  to  Charter  and  Notes,  pp.  463-542. 

Index  to  Svlieme,  pp.  279-286. 

Index  to  State  Laics  /or  Sf.Loais, pp.  225-256. 


PAGE.  SEC. 

COLLECTOR.    (LICENSE)  — 
See  License  Collector. 

COLLECTOR   (WATER  RATES)— 

See  Assessor  and  Collector  of  Water  Rates. 

COLUMNS— See  Buildings. 

in   buildings,   regulations  concerning 593  177 

COMMISSION  MERCHANT— 

defined    1022  2145 

license,    amount,    oath 1023  2146 

penalty  doing  business   without   license 1023  2149 

COMMISSIONER  OP  POLICE— 

See  Police  Commissioners. 
\ 

COMMISSIONER   OF   PUBLIC    BUILDINGS— 

office    of    ■ 549  7 

appointment   and   term    549  S 

qualifications    of    549  9 

bond    of     ..' 549  10 

salary    of     549  11 

,    ,    ,.         „                                                                                         f    549  12 

general   duties   of    i  -,„  ,„ 

care  of  buildings  under  his  charge 550  13 

f    550  13 

may  appoint  certain  janitors  and  assistants ■,  >_.  .. , 

heating    apparatus — engineers    550  14 

approval  of  appointees;    their  removal 550  15 

janitors  and  night  watchmen;    salary  and  bond 551  16 

engineers  and  firemen   551  17 

other  employes  appointed   by    551  IS 

power  of  removal  of  employes  by   (note  to  Sec.  15) 550 

duties  of  Fire  Chief  transferred   to 553  27 

deputy,   appointment    and   qualifications 553  28 

deputy,   when   to  act   for  Commissioner 553  29 

deputy,   salary   and   bond 553  30 

Chief    Clerk,    Assistant    Clerk    and    Permit    Clerk,    salaries    and 

bonds     554  31 

same;    amendment  thereto — See  Ord.   22778,  Appendix 1132 

Chief   Inspector   of,   appointment,   salary  and   bond 554  32 

other  inspectors  in  office  of,  salaries  and  bonds 554  33-34 

examiner  of  plans,  record  clerk,  stenographer,  etc..  of 554  34 

same;    removal,  qualifications,  salary,  bond 554  34 

amendment  to  Sec.  34,  Inspector  of  Plastering — See  Ord.  22749, 

Appendix 1132 

architectural   draughtsman,   salary    555  35 

additional  help,  salaries    555  36 

inspector    requested    by   Fire   Prevention    Bureau 555  37 

to  inspect  buildings  being  erected,  etc..  furnish  certificate 555  38 

duties   respecting   department,   enter   buildings   burned   to   ascer- 
tain   if    dangerous,    etc 550  39 

powers  of,   respecting  construction   or   repairs,   and   approval    of 

plans    55(>  40 

permit   asked   shall  be  acted   on   in  three  days 556  40 

(    556  42 

permit    from     \  557  46 

I    558  47 

to  inspect  all  buildings  before  alteration  or  enlargement 557  •  43 

may  require  filing  of  plans  and  specifications 558  48 

f    558  49 

pow'ers  respecting  plans  and   specifications <.  ^'-a  cq 

revocation  of  permits  by,  extension  of  permits  by.  cost   of  per- 

mfts,   etc. — See  Permit. 

to  be  notified   when   Iniilding  ready  for  inspection 500  56 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


119u 


f  Index  to  Charier  ami  XoltH,  \>\t.  ^6:'.■0^2. 

■!   Index  to  Srln-ine,  pp.  27y-L'!SG. 

I  Index  to  Stale  Laws  for  St.  l.uiiis,  pp.  225-25C. 

COMMISSIONER  OF  PUBLIC  BUILDINGS— Continued.  ii,,..  .sk'. 

to    furnish    certlUcate    that    work    on    building    complies    with 

Building    Code    SCO  .50 

application   to.  before  tearing  down   or  alterhiK  building 5G1  57 

appeals  from   rulings  of   oGl  58 

Board   of  Appeals — See   Board  vf  Appeals. 

detlnltion    of    terms    5G2  CI 

to  judge  of  material  used  In  buildings 5C7  70 

may    require   ground    test    oCS  74 

may   require  beams  to  be  spaced,  how 580  125 

to   determine    location    of    fire-escapes 583  138 

to  determine  mechanism  of  fire-doors  and  shutters 584  141 

permit   from,  for  boilers,   furnaces  and   ovens 586  150 

permit    from,    for   stoves,    ranges,   etc /    ^^'  J.J 

to  approve  exits  In  boiler  rooms  or  fuel  rooms 5SS  155 

may  enter  premises  to  raise  chimneys  and  smokestacks 589  159 

rights    respecting    gas-flxtures,    etc afiii  103 

to  approve  guards  of  hatchways,  well-holes,  etc 590  1C4 

duty   respecting   hatchways,   well-holes,   etc 591  IC.o 

may    revise   computation   of   strength   of   floors 592  175 

discretion    respecting   flre-escaiies 596  1S9 

duty  of.  to  Inspect  and  enter  buildings  used  for  theatres  or  operas       598  195 

duty    of    Inspecting    theatres 598  195 

duty  of.  to  Inspect   theatres,  etc COG  209 

to   furnish   certificate   to  theatre  of  compliance   with   ordinances       GOG  2('9 

must  first  approve  new  theatre  before  licensed,  procedure,  etc..       G07  210 

certificate  for  new  theatre   G07  210 

duties  and   powers   concerning  bill-boards G08  214 

duties  and   i)Owers   respecting  dangerous  or  unsafe  buildings...       C09  21G 

may  require  persons  to  enforce  all  provisions  of  Building  Code..       Gil  219 

duty  of,  to  enforce  building  ordinances  or  code Gil  222 

failure    to   enforce    by,   cause    for    removal    of   Commissioner   or 

subordinate    Gl  1  222 

to  designate'buildings  where  high  combustibles  are  kept C13  233 

application  to,  for  cow-stable  or  dairy 681  518 

COMMISSIONER    OF    SUPPLIES—" 

f    730  768 

to  purchase  supplies  for  Insane  persons  at  jail •!  Iit77  2374 

(  1077  2375 

f    91G  1734 

to  supply  jailer    ]  1077  2374 

I  H'77  2375 

I    919  17,">0 

to  supply  workhouse  and  keep  separate  account,  when i  1»77  2374 

(  1077  2375 

office  created,  how  appointed    Ifi75  23fiG 

qualifications    of    1"'75  23G7 

salary    of    1075  23GS 

bond    of    107.'.  23fi9 

deputy,    appointment,    duties,    salary 1<'7.">  2370 

stenographer    for,   appointment,   salary li>7.'i  2371 

clerks,  bookkeepers,  etc.,  of.  appointment,  salary 1'>7G  2372 

purchasing  or  contracting  for  supplies  by 107C  2373 

advertisement  of  letting,  bids,  bidders,  deposits,  rejection,  return 

of    deposits    lOTfi  2373 

formal  contracts,  approval  of  Mayor  neces-sary 107C  2373 

uiKulvertlsed  contracts,  approval  of  Comptroller  nocessao' IC'C  2373 

when  and   how   to  contract   for  supplying  fuel,  milk   and   Ice  to 

city    Institutions    1077  2374 

same,  for  other  si>erlfled  food  and  pro<lHCt«  for  city  InstUuClons     1077  2375 

purchase   of   perishable   articles,   how.   approval    Comptroller 107S  2376 

advertising  for  bids  for  articles  In  general,  contract  for ;..     1078  2377 

groceries  and   drugs,   proposals,  etc.,   publication 1078  237S 

purchase  of  Bre  engines  and  npimratus ., 1078  2379 


1196  IXDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

r  Index  to  Charter  and  Notes,  pp.  463-542. 

i   Index  to  Kcheme,  pp.  279-286. 

i  Index  to  state  Laws  for  St. Louis. pp.  225-2oG. 

COMMISSIONER  OF  SUPPLIES— Continued.  p.u;e.  sec. 

purchase  of  horses,  mules,  wagons,  carts,  ambulances  and  buggies  1078  23S0 
duty    of,    to    examine    articles    bought,    rejection    o£    insufficient, 

report  to  Mayor   IO79  2381 

memorandum  to  be  sent  with  supplies  to  institutions 1079  2381 

approval  of  all  contracts  for  supplies  by,  etc 1079  2382 

bonds  required  for  performance  of  contracts  by 1079  2383 

may  decline  to  receive  bids,  when 1079  2384 

surplus,  or  refuse  property,  when  sold  by,  regulations,  etc 1079  2385 

disposition  of  money  from  such  sales 1080  2386 

to   provide   weighing,   measuring   articles,    scales,   etc 1114  2534 

COMMISSIONERS  OF  CHARITABLE  AND  PENAL 
INSTITUTIONS— 
references  to  charter  provisions — See  note  to  heading.  Chap.  21       913 

appointed  by  Mayor   868  1509 

not  to  be  a  majority  of  any  one  sect  or  party 913  1715 

rooms  for  use  of,  how  often  to  meet 913  171G 

President    of,    rules,    regulations 913  1717 

who  to  be  Secretary,   duties   913  1718 

general   powers   and   duties  of 913  1719 

failure  to  furnish   information   to,  misdemeanor 914  1719 

removal  of  officers  by,  full  hearing  first 914  1720 

decision  on  removal  of  officer — See  note  to  Sec.   1720 914 

duties   of,   to  visit   and   investigate   conditions   of   all   penal   and 

charitable    institutions,    etc 914  1721 

reports    by,    to    Municipal    Assembly,    recommendations    of    ordi- 
nances,  etc 914  1721 

books  and  blanks  for  914  1722 

to  appear  before  committee  of  Municipal  Assembly,  when 914  1723 

to  make  inquiries  and  report,  when  appropriations  are  asked....       914  1724 

officers   of    institutions   ineligible    for 915  1725 

not  to  be  interested  in  contracts 915  1725 

effect  of  failure  by,  to  attend  meetings '.       915  1726 

no    compensation    to    915  1727 

have   supervision   over   foundlings  at   certain   institutions   under 

contract  with  city   91G  1730 

COMPENSATION— 

See   Salaries   or   Compensation. 

COMPTROLLER— 

member  of  Board  of  Fine  Arts  Museum 549  6 

relations  to  Fire  Department  626  289 

when  may  permit  temporary  renting  of  wharf   651  380 

when  may  fix  amount  of  bond  for  wharf  boats,  landings,  etc....       651  382 

to   provide   for   hospital    fund    721  706 

to  fix  price  of  milk  from  dairy  at  Poor-house 733  786 

to  approve  extraordinary  expenses  at  dairy  at  Poor-house 734  790 

vouchers,  etc.,  for  damages  in  street  openings,  etc 753  879 

to  issue  special   tax  for     expense   removing     obstructions   from 

highways     769  937 

to  deliver  special  tax  for  sprinkling,  etc 772  1080 

may  employ  temporary  help,  street  sprinkling  article 775  1082 

fund  provided  for,  to  run  municipal  lighting  plant 797  1170 

may  examine  statements  of  telephone  companies S02  1193 

to  consent  to  appeal  by  city  from  Police  Courts .;     ^;;|,  r„^° 

C    S32  1324 

duties  respecting  Justices  of  the  Peace  and  supplies  and  offices. .  J      to  to 

[    S33  1328 

function  respecting  Jury  Commissioner  834  1334 

rights  and  duties  respecting  markets,  stalls,  etc. — See  Markets. 

approves    appointees    of   Market-masters    856  1434 


liN'DEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1197 


! 


Index  to  Charter  and  Soles,  pp.  463-542. 

Iiulf.v  to  Srhrmt',  pp.  279-286. 

Index  to  State  Laioa  for  St. Louis, pp.22o-2i(i. 

COMPTROLLER— Continued.  PAOt  SEC 

powers  and  duties  as  to  nieat-sliop  licenses — See  Meat  Shops. 

and  .Mayor  to  consent  to  blll-ljoards  on  city  property 887  1591 

one   of.   and    president   of.    hond   e.xainlnlnK    board 9ti7  |6S2 

officers  to  nialje  return  lists  of  property  In  their  charse.  to ".Ml  17i)S 

duty  of.  respecting  keeping  records  of  property  listed  by  offlcers      912  1709 

to  receive   property   unlit   for  further  service    912  1710 

to  furnish  blanlis  to  Commissioners  of  Penal  and  Charitable  Insti- 
tutions         914  1722 

when  and  how  may  lease  buildings  in  certain  parks 998  2026 

countersigns  and  delivers  all  blank  licenses,  and  take  receipts 1006  2063 

to  have  custody  of  bond  of  Register   1006  206S 

may   direct   publication   of   requirements  of  article   on   manufac- 
turers           1032  2186 

when    furnishes    blank    manufacturers'    license    forms 1033  2188 

when     to  cause     suit     on  manufacturers'     bond,  or  sale  of  se- 
curities          1033  2190 

may    inspect    returns    of    manufacturers,    for    license 1034  2191 

may  direct  publication  of  provisions  on   merchants'  license  tax- 
ation         1035  2197 

when  furnishes  blank  forms  merchants  licenses   1036  2199 

when  to  cause  suit  on  merchants'  bond,  or  sale  of  securities 1036  2201 

may  inspect  license  returns  of  merchants   1037  2202 

may  Investigate  reports  of  street  railway  companies,  how 1049  2260 

duties  atid  functions  as  to  boiler  inspections,  blanks,  etc 1070  J  ",,. 

I  233 1 

audits  bills  of  Inspector  of  Boilers  and  Elevators Iii72  2353 

(1076  2373 

1078  2176 

10  8  2377 

1079  2382 

member   of   Treasury   Department    1080  2387 

duties  of  Treasury  Department — See  Treasury  Dep't. 

and  Ways  and  Means  Committees  examine  Treasurer's  cancelled 

bonds   accounts    1081  2391 

same — worthless    claims    by   city    1081  2391 

when   directs  Supply     Commissioner  to  sell     surplus  or  refuse 

articles   1079  2385 

crediting,  for  debts  paid  by  him  1082  2392 

signs  or  countersigns  all  city  contracts  1082  2395 


2396 
2398 


duties  and  powers  as  to  exchanging,  registering,  etc.,  bonds..  1083  i 

annual  examination  of  accounts  of  1084  •[  ,1' J 

and  Auditor  disagreeing  as  to  claim,  Mayor  must  certify  before 

audited    1086  2410 

may  Inspect  .\udltor's  records,  etc 1088  2418 

to  give  Auditor  statement  of  licenses  and  tax  bills,  etc 1088  2423 

office  of.  created 1'1S9  2425 

bond  of 10S9  2426 

powers  and  duties  In   general    1089  2427 

to  control,  protect,  etc.,  city  property,  general  supervision  orer 
financial  affairs  and  revenue,  see  that  no  approporlatlons  are 

overdrawn 1089  2427 

to  protect  the  credit  and  faith  of  city  as  to  public  debts inS9  2427 

make  reports  on  financial  requirements,  estimate  receipts  and  ex- 
penditures     1089  2427 

what  records  of,  are  to  show  1089  2427 

countersign  all  warrants,  access     to  all     books  of  any    depart- 
ment      1089  2427 

right   to  seat  and  debate  In  Assembly,  but  not  to  rote 1089  2427 

protect  city  against  Judgment,  may  make  tem|)orary  loan  to  pay 

same    1089  2427 

all  delinquent  or  special  tax-bills    or  other  lien  documents    de- 
posited   with    1089  2427 

may  execute  what  quit-clalm  deeds  with  Mayor  to  property  oof  1089  2427 

quired  under  special  tax   I  1091  2432 


SEC. 


1198  INDEX  TO  REVISED  CODE  OR  GEXERAL  ORDINANCES. 

(  Index  to  Charter  and  Xotes,  pp.  463-542. 

J  Inde.x  to  Sclieme,  pp.  279-2S6. 

(  ladexto  State  Laics  for  at.  Luuis. pp. 225-2oG. 

COMPTROLLER— Continued.  page. 

what  costs  and  expenses  paid  prior  to  quit-claim   1091         2433 

first   and   second   Assistant     Comptroller,   appointment,     duties, 

powers 1090         2428 

responsible  for  assistants   1090        2428 

supervising,  accounting  and  Statistician,  api)ointment,  duties....  1090        2429 
salaries  of  Comptroller,  Assistants  and  Supervising  Accountant, 

etc    1091         2430 

clerks  of,  appointment,  salaries    1091         2431 

to  examine  Treasurer's  books,  how  often  and  how 1091         2435 

to   examine   books   of   any   officers    1091         2435 

what   forms   and   blanks   prescribed   by 1092         2436 

responsibility   for  entire  fiscal   management   on 1092         2436 

reports  of  1092         2437 

books  of  Treasurer  open   to  inspection  of    1092         2439 

with  Mayor  and  Treasurer     to  select  bank  for     depositing  city 

funds,    how     1092         2439 

countersigns,  etc.,  water-rates  blanks   1097         2459 

to  verify  report  of  Assessor  and  Collector  Water  Rates 1097        2460 

blank  certificates  to  Inspector  Weights  and  Measures 1116         2541 

to  furnish  tickets  to  Weighers  of  Scales   1120         2556 

blank  certificates  to  Collector  for  weighers  of  private  scales....  1120        2558 

weighing  scales  not  to  be  repaired  without  approval  of 1127        2579 

CONCEALED  WEAPONS— 

carrying  prohibited  without  permit,  misdemeanor   879         1549 

exceptions     880         1550 

right  of  city  to  pass  ordinances  on  subject  of — See  Note  to  sec. 

1549   SSO 

CONCRETE— 
See  BiiihUngs. 

in  buildings   570            82 

new  ordinance  concerning — (See  sec.  234a,  p.  613  and  Appendix 

Ord.    23013 )     1134-1138 

excavations  where  concrete  paving   764          926 

CONDEMNATION— 

of  unsafe  buildings — See  Biiihliiiffs. 

and  sale  of  high  explosives,  seized  when,  etc 552             25 

of  property  for  wharf  purposes — See  Note  to  sec.  345 636 

by  Health  Commissioner  of  nuisances 665          450 

(  686          541 

of  diseased   meat,   vegetables,   fish,   fruit,   etc \  686          542 

i  859         1453 
powers  of  Health  Department  concerning,  not  abridged  by  certain 

sections    698          593 

of  property  destroyed  by  Health  Commissioner,  how  paid  for.  .  . .  707          635 

of  pond  as   nuisance    710          648 

proceedings  in  opening,  establishing,  etc,,  highways — See  Streets 

and   Hiyhuays 

sale  of  buildings  on   property  under,   for  highways 768          931 

of  street  railway  road  so  as  to  permit  others  to  run  thereon,  see 

Street  Railways. 

oi^oi^ers  [l^ll        2335 

of  new  boilers  or  elevators  to  be  built 1074         2363 

sale  of  supplies  condemned   by  Supply  Commissioner 1079         2385 

CONDUITS— 

for  electric  apparatus  in  streets — See  Electric  Wires.  Tubes,  Con- 
duits and   Cables. 

in  streets  and  highways — See  discussion  in  note  to  sec.  1093....  778 

city  has  right  to  purchase;  method  of  purchase  783         1104 

restrictions  on  use  of   786         1115 


2330 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  119? 

{Index  to  Charter  and  Xotfs,  pp.  -163-542. 
Index  to  Si-lwme,  pp.  l'79-L'Si;. 
Index  to  State  Laws  for  St. Louis, vp.22a-256. 

CONFETTI—  PAGE.        SEC. 

throwing  on  streets,  misdemeanor — See  sec.  lo37a  and  Appendix, 

Ord.    ■2-2h(H    ll.-,i) 

CONSTAHLES— 

inspection   of  books  ot 833  1327 

Mayor  approves  bonds  of 868  1506 

may  inspect  pawnbrolters'  register   1040  2^2^^^ 

may  Inspect  secondhand  dealers'  register 1058  230O 

CONSTRTCTION  OF   lU:iLDl.\t;S— 
See  Buildings ;  Theatre. 

CONSTRUCTION  AND  RECONSTRICTION  OF  IIU'.IIW  AYS— 
See  Streets  and  Highways;  Public  ll'orA.-. 

CONSTRUCTION  OF  CONDUITS.  DUCTS,  ETC.— 
See  Elevtric  Wires,  Conduits,  Tuhes.  Cables,  etc. 

CO.NSUMPTION— 

provisions  concerning — See  Contagious  or  Infectious  Diseases. 

CONTAGIOUS  OR  INFECTIOUS   DISEASES— 

in  house  connected  with  dairy  or  cow-stable 6S5  532 

rights    of    Mayor,     Board     of    Health,    etc.,    in     epidemics — See 

Epidemics. 
l)hysiclans  to  report     smallpox,     typhus,     croup,     cerebro-spinal 
fever,  diphtheria,  erysipelas,  measles,  puerperal  fever,  scarla- 
tina, typhoid,  yellow  fever,  whooping  cough,  cholera,  chicken- 
pox    734  792 

what  to  be  contained  in  report  of  such  diseases 734  793 

when  duplicate  report  refjuired  in  case  of  smallpox,  typhus,  diph- 
theria,  sc&rlatina   and   cholera 734  794 

report  of  termination  of  last  named  to  be  made 734  795 

penalty  for  failure  to  report 735  796 

blanks  for 735  797 

when    buildings    placarded    for    735  798 

parents  and  guardians  whose  children  have,  and  permitting  at- 
tendance  at   school,   misdemeanor    735  799- 

teacher   knowing   of    pupils    having,    to   dismiss   same 735  800 

removal  of   persons  afflicted   with,  from  hotel,  boarding  house. 

etc.,  to  hospital   ' 735  801 

removal   of   persons  afflicted   with   from   private  houses   to  hos- 
pital            736  802 

residences  disinfected,  or  streets  closed,  when  by   Health  Com- 
missioner             736  80S 

notice  of,  to  be  given  by  owner  or  agent  of  hotel,  boarding  house, 

private  dwelling,  etc 736  804 

Health  Commissioner  to  notify  Public  Library   737  805 

disinfection  of  books  of  Public  Library    737  S06 

persons   failing     to     surrender     books   for  disinfection,     misde- 
meanor          737  SOT 

duty  of  police  to  notlfv  Health  Commissioner 737  808 

Interference  with  Health  Commissioner  In  matters  of 737  809 

consumption  or  tuberculosl.-i  declared  cciniinunlcable  diseases...  .        738  810 
measures   for     prevention  of  consumption   by    Health     Commis- 
sioner           738  810 

attending  physician  examine  sputum  of  consumptives  and  make 

report     738  811 

Health   Commissioner  examine   premises   of  consumptives,   take 

notes,    distribute    rul.  738'        812 


1200 


INDEX  TO  RB\aSED  CODE  OR  GENERAL  ORDINANCES. 


Index  to  Charter  and  Notes,  pp.  463-542. 

Index  to  Scheme,  pp.  2T9-2S6. 

Index  to  State  Laws  for  St. Louis. pp.  225-2oG. 


CONTAGIOUS  OR  INFECTIOUS  DISEASES— Continued.  p.\ge. 

houses    not    placarded    for   consumption    738 

proceedings  where  consumptive  has  no  physician 738 

examination  of  sputum  under  direction  of  Health  Commissioner  739 

disinfection  of  rooms  of  consumptives,  failure  is  nuisance 939 

penalty   for  failure   to   observe  consumption   ordinances 739 

quarantine  against — See  Quarantine. 

railroads,  boats,  vehicles  not  to  bring  into  city  persons  dying  of 

certain  744 


.SEC. 

813 
814 
815 
816 
817 


840 


CONTEMPT— 

power  of  Police  Justices  to  punish  for.     See  Police  Justices. 
power  of  Municipal  Assembly  to  punish  tor  failure  to  obe.v  sub- 
Ijoena,  etc.,  see  Municipal  Assembly. 

CONTRACTS— 

custody  of,  to  be  with  Register   <'  J^^.^        l^^^ 

custody  of  papers  relating  to,  to  be  with  Auditor 1086         2409 

violation   of  gas   lighting    634  335 

for  public  lighting,  see  Lightinrj  of  Streets.  Public  Places,  etc. 

for  city  work,  to  provide  for  eight-hour  day 619  270 

for  city  work  to  contain  what  conditions. — See  note  to  sec.  1921.       971 

for  abatement  of  nuisances — See  Xuisances. 

for  construction,  reconstruction  and  maintenance  of  highways — 

See  Streets  and  Highuays :  Public  Work. 
for  street  sprinkling — See  Street  Sprinkling. 
for  street  lighting — See  Lighting  of  Streets.  Ptiblic  Places  and 

Public   Buildings. 
for  disposal  of  garbage — See  Garbage. 

for  special  legal  counsel  to  represent  city — See  City  Counselor. 
for  stalls  or  stands  at  markets — See  Markets. 

with  City,  Mayor  to  cause  enforcement  of 866         1495 

Commissioners  of  Charitable     and  Penal  Institutions     not  to  be 

interested    in     915         1725 

for  care  of  foundlings,  at  certain  institutions — See  Foundlings., 

for  letting  out  work-house  prisoners — See  note  to  sec.  1753 920 

officers  at  work-house  forbidden  to  deal  in  supplies 924         1776 

annual    repair,   let   by   Board    Public   Improvements 970         1919 

annual  emergency  for  sewer  work,  let  by  B.  P.  1 989         1994a 

for  public  worlv  to  contain  what  conditions — See  Public  Work. 

for  public  work  in  general — See  Public  Work. 

for  street  matters  under     supervision  of  Street     Commissioner 

(clause  3)    975         1945 

for  water  department  under  Water  Commissioner   981         1958 

for  harbor  and  wharf  under  Harbor  and  Wharf  Commissioner. .       982         1964 
for  grading — See  Public  Work. 

for   music   in   parks    999         2034 

for  city  printing — See  Public  Printing. 

seal  of  city  impressed  on,  when  not  valid 1006        2069 

for  building  boilers     or  elevators  to  be  submitted     for  approval 

to  Inspector  of  Boilers  and  Elevators   1074         2363 

for  supplies  to  the  city — See  Commissioner  of  Supplies. 

all  contracts  of  or  with  city,  how  executed,  signed,  etc 1082         2395 

same — See  note  to  sec.  2395   10S3 

COPINGS— See  Buildings. 

CORD-WOOD— 

See  Firewood. 

CORN —  PAGE.  SEC. 

how  to  be  sold  by  measure  1118        2551 


CORNICES— 

See  Buildings. 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1201 


Index  to  Charter  and  \otes,  pp.  463-542. 

Index  to  Srlwme,  pp.  279-2Sti. 

Index  to  State  Lawa  for  St. Louis, pp.Z2a-2aG. 


CORONER—  PAOE.  8KC. 

(lualiticatlon,   term,  election    614  239 

certificate  of  election 614  240 

vacancy  on  failure  to  give  bond   Gl.'i  242 

powers   and   authority    615  243 

deputies  and   Constable    615  244 

salaries  of  Coroner  and  subordinates  615  245 

porter  to,  his  duties  and  salary  615  246 

location  of  office  of.  hours   616  247 

devote  entire  time  to  office,  or  be  removed 616  248 

burials  by C16  249 

dead  bodies  from  river  616  2r)0 

stenographer  in  office  of,  appointment,  removal 616  2.jl 

stenographer's  duties   and   fees    616  252 

assistant   stenographer    617  253 

post-mortem   fees    61"  2.">4 

inquest   expenses,  how  paid    617  255 

inquests  and  deaths  to  be  reported  by  /  _: '  t!?5 

I  1 1 9  69.1 

to  file  statement  of  fees  617  257 

to  control   morgue   617  258 

to    make    rules    for   morgue 617  259 

to  appoint  Superintendent  of  Morgue    618  260 

to  appoint  assistant  and  porter  to  Superintendent 618  267 

report   to  Health   Commissioner    <  "  °  ^"^ 

expense  account  of  morgue  to  be  liept  by 618  266 

salaries  of  Superintendent,  assistant  and   porter   619  268 

pass  on  case  where  body  brought  into  city  without  certificate.  . .  .  747  857 

CORPSE— 

See  Dead  Body;  Burial;  Morgue;  Coroner. 


COSTS— 
See  Fees. 

-in  Police  Courts — See  Police  Courts. 

In  Court  Criminal  Correction — See  Court  Criminal  Correction. 
statement  of,  by  Marshal   833 

COTTON— 

regulations  concerning   j  -,, 

regulations  for  removal  of,  from  wharf 645 


1331 


232 
234 
360 


COUNCIL— 

[This  heading  contains  matter  peculiar  to  the  Council:  for  mat- 
ter equallv  applicable  to  both   Houses,  see  Municipal  Assem- 
bly.] 
President  of,  see  President  of  the  Council. 
elections  to,  see  Elections. 

officers  of   844 

duties  of  Secretary  of  the 844 

duties  of  Sergeant-at-Arms  of  the 845 

{845 
843 

Janitor  for   845 

control    of    Janitor    845 

trial  and  removal  of  Mayor  by  869 

to  elect  Commissioners  Mullanphy  Emigrant  Fund  and  fill  va  f  901 

cancles  on   Board    i  9^2 

I  90,-, 

when  Mayor  to  send  to,  his  appolntmenta  for  conflnnatlon 907 


1380 
1383 
1384 
1385 
137S 
1386 
1387 
1512 
1655 
1656 
1672 
16S:. 


1202 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


Index  to  Charter  and  Notes,  pp.  463-542. 

Index  to  Scheme,  pp.  279-i:86. 

Index  to  State  Laics  for  St.  Louis. pp.  225-256. 

COUNCIL — Continued.  p.^ge. 

when   to  fill  vacancy  in  elective  office   908 

special  session  of  to  try  charges  against  elective  officer 909 

trial  of  elective  officers  suspended  by  Mayor — See  Officers. 

removal  of  appointive  officers  by,  see  Officers. 

special  session  when  called  by  Pres.  Council  to  consider  removal 

of   appointive  officer 910 

removal    of   elective   officer   by    on    its    own    motion,   conditions, 

charges,   etc 911 

assistant  secretary  of  to  act  for  Commissioners  of  Charitable  In- 
stitutions      913 

approval  or  proceedings  respecting  contract  for  public  printing. .  999 

confirmation  or  approval  by. 

of  Commissioner  of  Public  Buildings   549 

of  members  of  Board  of  Appeals 561 

f  r.»      c  i  613 

of  City  Surveyors   <  ggg 

of   Factory   Inspector    622 

of  members  of  Board  of  Health  663 

of    City    Bacteriologist    667 

of  City  Chemist  669 

of  superintendents  of  city  health  institutions 723 

of   Superintendent   of    Poor-House    732 

of  City  Forester    S12 

of  Police  Justices  and  Clerks    819 

of  Police  Justice  South  of  Arsenal  street S31 

of  Assistant  City  Attorney    S35 

of  Associate  City  Attorney    837 

of  Associate  City  Counselor   839 

Second   Associate   City   Counselor    839 

Assistant    City    Counselor    839 

of  contract  for  special  legal  counsel   842 

of   Market-masters    855 

enumeration  of  other  appointments  of  Mayor  of  officials  to 

be  confirmed   by   council    868 

Board  of  Managers  of  St.  Louis  Industrial  School,  or  House 

of  Refuge    S69 

Smoke  Inspectors   894 

Jailer    916 

Boiler  and  elevators.  Inspector  of \  ggg 

of  Assessor  and  Collector  of  Water  Rates   1095 

Weighers  of  Scales    1119 

Lumber  Measurers,   when    1129 

COUPON— BONDS— See  Bonds  (City)  etc. 

COURT   OF  CRIMLXAL  CORRECTIO.X— 

has    appellate    jurisdiction    from    Police    Courts S2S 

appeal  from,  goes  to  what  court,  See  note  to  sec.  1306 828 

collection  of  costs  from  city,  in  causes  in 830 

COURTS— 

Police,  see  Police  Courts. 

Juvenile,   See  note  to  heading  of  Chap.   13 815 

Criminal  Correction,  see  Court  of  Criminal  Correction. 
juvenile,  see  Juvenile  Court. 

cows- 
See  Milk:  Dairies. 

(  679 

sick  to  be  reported,  removed,  etc    \  680 

I  685 
stables  where,  are  kept,  requirements — See  Dairies. 
inspection  of — See  Dairies  and  Cotv  Stahles :  Veterinary  Surgeons. 

not  to  be  kept  in  pen    697 

dead,  not  to  be  buried  in  city   "14 

driving  through  streets,  regulations — See  Cattle. 


.SEC 

1689 
1695 


1704 

1706 

1708 
2036 

8 

58 

235 

1511 

276 

437 

465 

476 

717 

777 

1248 

1268 

1318 

1338 

1344 

1351 

1354 

1356 

1374 

1434 

1509 

1510 
1622 
1732 
2323 
1509 
2448 
2555 
2591 


1305 
1313 


509 
512 
530 


586 
670 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1203 

t  Index  to  Chartt'r  and  Sote.i,  pp.  403-542. 

J  Index  to  S<hfmc,  pp.  279-2S('>. 

[  Index  to  State  Laws  for  St. Louis, pp.225-2h6. 

COW-STABLES—  page.       sec. 

See   Dairies;   Cows;  Milk. 

CREAM— 

See    Milk. 

CREMATORIES    AND    CREMATIONS— 

must    be   authorized    by    ordinance 748  864 

regulations    for    cremations 749  865 

bodies  brought  into  city  for  cremation,  reputations 749  866 

body  not  to  be  received  at  crematory  without  permit,  etc 749  867 

CROSSINGS— 

regulations  for — See  Steam  Railroads:  Street  [{ailway  Cars. 

CROSS-WALKS— 

See   Streets  and  Hinhways. 

I)ermission   to  construct    758  902 

CRUELTY    TO    ANIMALS— 
See    Animals. 

CROrP— 

See   Contagious   or  Infectious   Diseases. 

D 

DAIRIES   AND   COW-STABLES— 

provisions  concerning  vending  of  milli,  etc. — See  Milk. 

sick   cows   or   horses   in.    regulations /    zlz^  ^;„ 

^      DSU  biz 

article    governing    680  513 

validity     of     ordinances     regulating — See     note     to     Sees.     513, 

517     680-681 

duty  of  sanitary  officers  of  Health  Department  concerning 681  514 

how  to  be  kept   681  515 

and   milk  depots  to  have  milk-cooling  facilities 681  515 

sewer  connections  from    -f  .^^i        „^:„ 

(  lUoo  ^J19 

obstructions  of  sewers  by,  when   removed  at  cost  of 1065        2321 

permission  to  conduct  to  be  obtained  by  ordinance 681  517 

application   to  establish   to   Building  Commissioner 681  518 

regulations    for    constrvicting    682  519 

same,    alteration    682  520 

when    deemed    nuisance — See   y'tiisance. 

notice  and  hearing  as  to  nuisance  or  violation  of  construction 

I)rovlslons     6S3  522 

conducted   as   nuisances — See   .Vi/i.snnce. 

veterinary  surgeons  as  inspectors — See  Veterinar]/  Surgeons. 

Inspection  of  cows  in — See   Velerinar]/  Surgeons. 

milk   from   diseased   cows — See  .Milk. 

connected   with   premises  where  contagious  disease   prevails....       685  533 

at   poor-house,  and   provisions  concerning — See  Poor-House. 

DAMAGES— 

claim   for,  caused  by  Fire  Department 629  302 

action    for — See   Actions. 

In  street  opening  cases,  etc. — See  Streets  and  Highicays. 

by  sprinkling  contractors  to  flre-plugs 770         1072 

by  horses  loose  or  runaway — See  note  to  Sec.  1558 88i 

to   public    property — See   Public   Properly. 

liability   for,   from   fires,   breaking  sewers,  gas  and   water   pipes, 

delays,  etc 961        1884 


1204 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


f  Index  to  Charter  and  Notes,  pp.  463-542. 

i  Index  to  Scheme,  pp.  279-286. 

(  Index  to  jSiaie  Laws  for  St. Louis, pp- 225-256. 

DAMAGES— Continued.  page. 

for  back-water  from  sewers,  owner  or  tenant  assumes 1058 

for  sewer  work  improperly  done  or  without  permit 1060 

DANCING-GIRLS— 

(     S71 
immoral,   misdemeanor    J    ^'t 

DANGEROUS    BUILDINGS— 

removal   or   securing   of — See   Bnildings:   Condemnation. 


SEC. 

2303 
(2306 
\  2307 


1518 
1520 


DANGER-SIGNAL— 

See   Red   Light. 

for  excavations  and  obstructions  in  liigbwavs '  „"" 

for  excavations  or  building  piles  in  highways 7G3 

for  manholes  and  service-boxes  of  electric  companies 790 

breaking  or  removing  is  misdemeanor 790 

when  and  how,  by  steam   railroads 94S 

DAY— 

in  city  contracts  shall  be  eight  hours 619 

DAY   LABORERS— 

eight  hours  constitute  day's  work  for  city 619 

in   City  Forestry   Division    814 

DEAD   ANIMALS— 

r  714 

burial  of,  in  city  limits  prohibited J  714 

i    714 

l)urial    of,    disinterment    of,    cost 714 

misdemeanor  to  bury,  etc.,   penalty 714 

duty  of  police  to  report   burials  of 714 

duty  of  police  and  health  employes  to  report  carcasses 714 

Board  of  Health  to  keep  record  of  carcasses  of 714 

disposal   of,   duties  of  police,  street  department.   Health   Depart- 
ment,   etc.,    under    present    ordinance — See    Ord.    22oS0    in 

Appendix 1141 

same,   under  code    715 

on  street,  nuisance — See  same  Ord.  225S0  in  Appendix 1141 

on  street,  nuisance,   when    -  l^n 

I.  o99 

carcasses  not  to  be  removed  or  used 715 

permit  for  removal,  conditions,  etc 715 

manner   ef   removal    715 

r  715 

not  to  be  used   for  food,   when s  „-„ 

conditions  for  using  or   rendering 716 

penalty  for  violation  of  article  on 716 

not  to  be  thrown  about  market-places 859 


924 

925 

926 

1135 

1138 

1S57 


270 


269 
1253 


G70 
671 
672 
673 
674 
675 
676 
676 


684 
598 
678 
679 
680 
682 

1453 
682 
683 

1454 


DEAD    BODY— 

See  Coroner:  Morgue :  Burial. 

f  744 

removal   of,    from    city    \  745 

(,  747 

of  persons  dying  of  certain  diseases  not  to  be  brought  into  town  744 

physician's    certificate    to    accompany 745 

disinterment  denied  of  corpses  of  persons  dying  of  certain  dis- 
eases      745 

regulation   for   disinterment    of 745 

opening  graves,   or   removal    of,   regulations 745 


837 
846 
855 
840 
841 

842 
843 

844 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1205 


{Index  to  Charter  and  Sotes,  pp.  403-342. 
Inde.K  to  .S'lhenif,  p|).  279-2S6. 
Index  to  Slate  Laws  for  S<.Z>outj, pp.  225-256. 

DEAD  BODY— Continued.  page.        .skc. 
disinterment    lequliea.    where    burial    Is    In    unauthorlzeil    ceme- 
tery  or   place    746  852 

burial  of — See  Burial. 
cremation  of — See  Crematories. 

DEAF— 

See  Board  of  Health. 

DEATHS— 

to  be  reported,  etc.,  by  Coroner — See  Coroner. 

to  be  reiMjrted  by   Health  Commissioner — See  Health  Cotn'r. 

registration  of,  and  by  whom 719  G9-1 

to  be  reported  by  physicians,  etc i    '-\„  2?^ 

I  74J  Sj7 

record   of    719  G9G 

certified    copy    of    record 744  838 

penalty  for  failure  to   report,  etc 719  C97 

certificate   of,   by   physician 742  827 

certificate   in   case   of,   without   medical   attendance 742  828 

DEEDS— 

See  Recorder  of  Deeds. 

by  city — See  Mayor;  Comptroller;  Property;  Register. 

DEPOSITIONS— 

in   Police  Court  eases    827         1301 

In  trials  of  city  officers  by  Council 910        1701 

DEPOTS— 

See  Railroad  Depots;  Wharves. 

DEPUTY— 

See  the  respective  chief  officers. 

DIPHTHERIA— 

See   Contagious   or  Infectious  Diseases. 

DISEASES— 

See   Contagious   and   Infectious   Diseases. 

advertising  cure  of  venereal — See  .Misdemeanors;  also  Advertise- 
ments. 

DISINFECTION— 

of  premises,  by  Health  Com'r,  ordered  on  Sundays,  holidays  Br 

at    night     667  462 

same;   how  compensated  for  to  employes 667  462 

same;    requires    certificate    of    emergency 667  463 

of   residences   from   contagious   diseases,   etc 736  803 

of    books    of    Public    Library 737  806 

,.,,11  (    739  816 

of  rooms  of  consumptives,  penalty   for  failure r    .jjg  ojy 

DISINTERMENT— 

of  bodies — See  Dead  Body. 

DISPENSARIES— 

under  the  charge  of  Health  Commissioner J    1^2^  *°^ 

requisitions  and  accounts — See  Health  Commissioner. 
duties  of  physicians  at,  as  to  insane — See  Insane  Persont. 

established  by   Health  Commissioner 730  767 

chief  physician   to  have  control  of  Insane  In  Jail 730  768 

salaries   of   apothecaries   at 780  769 

may    prescribe    medicine    to    Health    Commissioner    for   sick    or 

Indigent   persons    730  770 

salaries   of  officers  and   employes   at 760  872 

temporary  help  and  salaries  at '    ,,r  „„ 

y    (01  o  ( o 

private,   regulations — See   Ord.    22998    in    Appendix 1142 


1206 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


Index  to  Charter  and  Notes,  pp.  463-542. 

Index  to  Scheme,  pp.  279-286. 

Index  to  State  Latvs  for  St.  Louis. pp.  225-25G. 


DISTILLERY— 

discharge  of  foul  liquids  from 

DISTRICT   ASSESSORS— 

for  all  provisions,  see  Assessment  of  Property. 

DISTURBANCE    OF    THE    PEACE— 

decisions   concerniug — See   note   to   Sec.    1537... 
misdemeanor — See  Misrlemeanors. 


PAGE. 

697 


877 


SEC. 

589 


DOCKS— 

See  Wharf;  Wharfboats. 

DOGS— 

not    permitted    at    markets    SCO 

counterfeiting    license-plates    for 892 

not   permitted  in  city  without  paying  tax  or  license 897 

decision    as    to    right    of    city    to    impose    dog-tax — See    note    to 

Sec.    1637     838 

_  amount  of  tax  on 898 

"tax-plates  for.   regulations,   what  to  contain 898 

delivery  of  tax-plates,  certificate 898 

owner   to   put   collar   on 898 

when    impounded — See    Impoundinrj. 

penalty    failure    to    pay    tax 899 

running   at   large,   prohibited,   unless   muzzled 899 

redemption  of.   from  dog  pound,  fees,  etc 899 

when  and  how  to  be  killed  at  dog  pound 899 

dangerous  dogs,  fining  of  owners  for  keeping,  may  be  killed ....  900 

defined     900 

payment   of   fees   collected   for   impounded 900 

prohibited   in   parks,   except   under   certain   conditions 996 

DOORS— 

See   Buildings:    Theatre. 

DORMERS— 

on   buildings — See   BinMings. 

DRAINLAYING  AND  DRAINLAYERS— 

See   Plumhing :   Seicers. 

drainlayers  to  be  registered   with   B.   P.   1 926 

susijension   or  cancellation   of  certificate   by   B.   P.   I '. 926 

authority  of  Board  Pub.   Impts.  in  general,   respecting 926 

Supervisor   of   Plumbing   and    Drainlaying — See   Phimbeis. 

f    927 

approval  of  drainlaying  plans,  etc 1  ^^-^ 

drainlayers   under   control    of   Supervisor   of   Plumbing 927 

bonds    of    drainlayers    928 

requirements  and   duties   of   registered   drainlayers 928 

journeymen   and   sewer-builders,   certificate   required,  etc 929 

deposit   fund   of   registered,   fees,   inspection 929 

f    930 

permits   for  connections    -,  ^Q-g 

drainlaying    defined    930 

right  of  Supervisor  of  Plumbing  to  enter  premises 930 

penalty    for    violating   i)rovisions    on 930 

action    on    bond    of.    for    defective    sewer    work,    cancellation    of  jj^g^j 

rights    of,    damages    

DRAINS— 

See   Sewers. 

DRAMSHOPS— 

keeping  lewd  women  in.  misdemeanor 871 

employing  lewd  women   in,   misdemeanor 872 

permitting    disturbances    in,    misdemeanor 878 


1461 
1618 
1637 


1638 
1639 
1640 
1641 

1643 
1644 
1645 

164G 
1647 
1648 
1649 
2018 


1788 
1789 
1790 

1793 
2303 
1793 
1794 
1795 
1796 
1797 
1798 
2303 
1799 
1800 
1801 
(  2306 
1  2307 


1518 
1520 
1539 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1207 

(  Index  to  Charter  and  Notes,  pp.  463-542. 

J  Index  to  Kcheme,  |)p.  279-286. 

[  Iiuie.x  to  State  Laics  for  /S7.  Louis. pp. 225-256. 


over  bridges,  regulations  as  to  speed,  posting,  etc 883 


! 


SEC. 


DRA.MSHOPS— Continued.  p.uiE. 

keeper   of.   selling   to   intoxicated   person 878  1539 

ordinance    provisions    concerning    licensing,    etc.,    of.    how    far 
superseded  by  State  laws — See  note  to  heading  of  Chap.  31, 

Art.    4     1024 

authority  of  excise  commissioner  and  decisions  on — See  note  to 

Chap.   31.   Art.   4    1024 

keeper    of.    defined 1024  2150 

decisions  on  definitions  of — See  note  to  Sec.  2150 1024 

application   for  license   [section  superseded   by   State  act] 1025  2151 

license  limited  to  place  of  business   [now  by  statute] 102G  2152 

license  not  transferable  [now  by  statute] 1026  2153 

merchants  exempt   from   article    [now   statute] 1026  2154 

amount    of   license    [now    statute] 1026  2155 

number  of  licenses  granted  to  be  reported  [now  statute] 1026  2156 

park    restrictions    against    1027  2157 

same;    amendment.   Ord.   22S6S.   Appendix 115S 

revocation   of  license,   for   what    [now   superseded] 1027  2158 

not  to  Issue,  for  what   places 1028  2159 

intoxicating   liquors   defined    102S  2160 

remonstrances,    etc.     [superseded] 1028  2161 

obscene  or  immoral  pictures  or  paintings  in,  prohibited 1028  2162 

in   houses   of   prostitution,   prohibited    1028  21 03 

violating   article,    misdemeanor    1029  2164 

duty    of    License    Commissioner    to    enforce    provisions    [super- 
seded ]     1029  2165 

merchants'  article  does  not  apply  to 1038  2205 

DRIFTWOOD— 

stopping.  In  river   647  367 

DRINKING    FOUNTAINS— 

conditions    for    maintenance    of 620  271 

conditions    for    erection    of 620  272 

conditions  for  discontinuance  of 621  273 

when    provisions    inapi)licable    621  274 

Humane    Society    may    erect 621  275 

attachments  of  public,   with  city   water  pipes IIOS  2508 

other   than — See   Fountains. 

water    rales     1103  2487 

DRIVING— 

on    sidewalk,    misdemeanor S05  1210 

animals    into    markets,    forbidden S."i9  1454 

fast  or  careless,  or  overdriving,  heating,  etc..  misdemeanor S81  1558 

with    bells,    prohibited 881  1559 

without    bells   when   sleighing,    prohibited 881  1560 

rules  of  the  road  on  highways 882  1561 

rules  of  the   road   In  parks 997  2022 


(1570 

to 
(l572 


cattle   through   streets,   regulations — See   Cattle. 
overloaded    or   mutilated    horses,   etc. — See   Animals. 

996  2018 
In  parks,   regulations ■!    99/         2021 

997  2022 


DRrCGISTS- 

to  be  furnished  list  of  physicians ■     ^^^Z  .^^ 

how  to  label   poisons 687  545 

penalty   for  violation   of  ordinance   relating   to 688  550 

not  to  practice  medicine  without  complying  with  requirements..  721  704 

city,    salaries    "50  872 

salary  of  apothecaries  at  dispensary 730  769 


1208 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDIXANCES. 


Index  to  Charter  and  Xotes,  pp.  463-542. 

Index  to  Scheme,  pp.  279-286. 

Index  to  State  Laws  for  St.  Lewis, pp.  225-256. 


DRUGS—  ,  PAGE. 

(    687 
sale   of   what,   forbidden J    687 

1    68? 
which   are   poisons — See   Poisons. 

adulteration    of,    forbidden 688 

proposals  for  supplying  city  institutions  with 1078 

DRUNKENNESS— 

See  Intoxication. 


SEC. 

545 
546 
549 

554 

2378 


DUCTS— 

See  Electric  Wires,  Tuhes,  Conduits,  Cahles  and  Poles. 
city  may   purchase 


783 


1104 


DUMB— 

See    Board    of   Health. 


DUMB-WAITERS— 
See    Buildings. 
shafts,    how    constructed.... 
inspection    of,    not    required . 


591 
1073 


171 
2358 


DUMP   BOATS— 

See  Harlior  and  Wharf  Commissioner;  Scavenger  Dumps. 

DUMPS— 

See  Scavenger  Dumps. 

DUNNAGE   BUSINESS— 
at   wharf — See   Wharf. 

DWELLINGS— 

See  Buildings. 


DYNAMITE— 

regulations    concerning 


551 

19 

to 

to 

553 

26 

E 


ELECTIONS— 

of    Coroner     614 

to  fill  vacancy  in  office  of  Coroner 015 

to   House   of    Delegates,    in   general S43 

to  Council,  in  general 843 

of   President  of  the   Council 844 

to    fill    vacancies    in   Municipal    Assembly 846 

to  fill  vacancy  in   office  of  Mayor 869 

pi'oclamation   of   election   to   elect   Mayor,   when 869 

special  election   for  Mayor,  when 869 

by   Council   to  fill   vacancy  in  elective  office,   except   in  Mayor's 

office    908 

special   election   to  fill  vacancy   in   elective  office 90S 

special    election    to    fill    vacancy    in    elective    office    caused    by 

removal   on  charges 909 

of  Recorder  of  Deeds 1002 

to  fill  vacancy  in  Recorder's   office 1003 

to  flu  vacancy  in  Collector's  office 1055 


239 

242 

1376 

1377 

1380 

1390 

(1512 

11513 

(1512 

\1513 

1514 

1689 
1690 

169S 
2047 
2050 
2289 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1209 


Index  to  Charter  anil  Notes,  pp.  463-542. 

Index  to  Scheme,  pp.  279-286. 

Index  to  State  i/Oics /or  St. Louis, pp.  225-256. 


ELECTRIC    BATTERIES—  i..\ge. 

license    for,    required,    term 1029 

amount    of    license 1029 

penalty    operating    without 1029 

ELECTRIC    LICIHT    AND    POWER    COMPANIES— 

provisions    affecting    electric    apparatus,    etc.,    of — See    Electric 
^yires.    Conrluits.    Tubes.    Cables,   Poles. 

percentage  of  receipts  paid  city  for  privileges,  bond,  etc 7S8 

to   guard    manholes   and    service-boxes — See   .\Janholes. 

Inspection  of.  by  Supervisor  of  City  Lighting 791 

duty  of,  to  admit  Supervisor  for  inspections 792" 

duty  of,  to  employ  competent  men,  and  take  certain  precautions  792 

regulations   governing   conductors 792 

to    provide    cut-outs 792 

to  use  most  approved   devices 792 

to  use  all  precautions  to  prevent  contact  between  wires  in  storms  793 

notice  to,  to  remove  dead  wires  required   unless  nuisance 793 

telegraph  and  telephone  poles  of — See  Telegraph  and  Telephone 

Poles. 

telephone  companies,   conditions   for  using  streets SOI 

ELECTRIC  WIRES,  TUBES,  CONDUITS,  CABLES  AND  POLES— 

wires  of  Fire  and  Police  Telegraph  Department 630 

wires  of  fire  and  police  telegraph  may  be  placed  free  in  private 

conduits    7S1 

wires  interfering  with  police  and  fire  telegraphs  considered  dan- 
gerous      792 

conditions   of   placing 778 

decisions   concerning   use  of  streets   for,   and   right   of  city   and 

companies,  respective,  concerning — See  full  note  to  Sec.  1093.  778 

manner  of  placing  prescribed  by  Board  of  Pub.  Imp 779 

underground   district,   exception   permit    B.   P.   1 779 

provisions   for   Western   Union   and    Postal   companies — Note   to 

Sec.   1095    779 

(  781 

penalty  for  placing  above  ground  in  forbidden  district i  -gQ 

when   obstruction,   street-car   trolleys   excepted 780 

permit  from  B.  P.  I.  to  construct  and  place  under  ground 7S1 

consideration  of  manner  of  placing  wires  under  ground  by  Board 

Pub.    Imp 781 

applications  for,  regulations,  hearing,  advertisement 781 

f  782 

joint  use  of.  may  be  compelled i  -g^ 

when  persons  and  companies  excluded  from  privilege  of 782 

permit   for,  on   conditions,   et« I  L„Z 

permit   for,   when   becomes   void 785 

no  i)errait   for.  unless  ordinances  accepted •. .  785 

city  may  i>urchase  ducts  or  conduits,  method  of 783 

to  be  maintained  without  cost  to  city,  or  breach  of  bond 783 

city  controls,  may  order  changes,  etc.:  failure  Is  breach  of  bond-l  -go 

streets  to  be  restored  In  case  of  disturbance,  penalty 784 

work  of  construction,  where  are  used  jointly,  etc 784 

provisions  not  applicable  to  certain  companies,  unless,  etc 785 

when    rights    terminate 785 

prices  for  services  to  customers 785 

poles  and  fixtures  for,  when  to  be  removed 786 

restrictions   upon   use  or  lease  of  conduits 786 

I  7SR 

city  reserves  right  to  repeal  ordinances  on •,  -gg 

what  may  remain  above  surface,  low  tension,  etc 786 

(  7fiR 

Immoral  places  not  to  be  connected  by i  »gj 


SEC. 

2166 
2167 
2108 


1125 

1U3 
1U4 
1145 
1146 
1147 
1148 
1150 
1151 


1192 

312 

1100 

1149 
1093 


1094 
1095 


1098 
1096 
1097 
1099 

1100 
1100 
1100 
1108 
1101 
1102 
1119 
1109 
1110 
1104 
1105 
1106 
1124 
1107 
1108 
1110 
1112 
1113 
1114 
1115 
1116 
1127 
1117 
1117 
1128 


1210 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


(•  Index  to  Charter  and  Notes,  pp.  463-542.         *>__; 

J  Index  to  Scheme,  pp.  279-286. 

( Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

ELECTRIC   WIRES,   TUBES,   CONDUITS.   CABLES   AND   POLES— 

Continued.  p.\f;E. 

application  and  plat  to  be  filed  by  users  of 7S6 

permit  to  authorized  companies,  desiring  to  place 7S7 

when  wires  may  be  placed  on  telegraph,  telephone   (etc.)    poles  7S7 

poles  for  to  be  placed  in  alleys,  when 7S7 

dimensions,  construction  and  location  of  poles  for 7S7 

f  788 

control  of  city  over  poles,  wires,  location,  change  of,  etc -„, 

privileges  of  article  on,  conferred  on  what  conditions 788 

percentage  of  receipts  of  companies  using,  paid  to  city 7S8 

bond  for  observing  regulations  and  conditions  for 7SS 

Iienalty   for   violating   article   on 7S9 

reservation  of  rights  to  alter  provisions,  etc 7S9 

f  789 

permit   for   immoral   places   forbidden ]  789 

(  78G 

not  to  be  used   contrary   to  law 789 

permit  for  illegal  use.  revoked 789 

Supervisor  of  Lighting  to  cut  down,  when;   interference,  penalty  7S9 

penalty   for   illegal   use  of 789 

penalty    for   stringing    without    permit 789 

police  to  enforce   provisions  on 7S9 

removing  cover  of  manhole,   service-box,   etc..   tor 789 

registry  and  certificates,  of  persons  authorized  to  work  at  wires, 

manholes,   service-boxes,   repairs,   etc 790 

same:   certificate  when  revoked,  and  canceled <,  ,1^^ 

manholes   and    service-boxes,    how    guarded,    penalty 790 

duty    of   police    to    enforce    provisions   as   to   manholes,    service- 
boxes,   etc 790 

duty  of  Supervisor  of  Public  Lighting  to  Inspect 791 

regulations  as  to   conductors,   etc 792 

cut-outs    to    be    provided 792 

when    electric   wires   considered   dangerous 792 

all  precautions  to  be  taken  to  prevent  contact  between  wires,  etc.  793 

dead  wires  to  be  removed  on  notice;   no  notice  if  nuisance....  793 
overhead  permitted  to  contractor  for  city  lighting,  in  supplying 

private    persons     795 

right  of  city  lighting  contractor  to  construct  all 795 

charge  of  city  for  use  of  streets  by  wires  and  poles 801 

of    fire    and    police    telegraph — See    Fire    and    Police    Telegraiih 

Wires. 
Board  Public  Improvements  to  recommend  ordinances  for  regu- 
lating, etc.,  conduits,  wires,  poles,  etc 969 

ELEVATORS— 

See    Buildings. 

in   buildings   t6   have   hatch-doors,   etc 591 

inclosure  of,  in  mercantile  and  manufacturing  buildings 591 

in  connection  with  stairways 591 

shafts    of,    grating   at   top 591 

skylights    over     592 

building,    east   of   wharf  line 643 

Inspector   of — See   Boilers   am!    Elevators. 

inspection   of — See  Boilers   (Steam)   and  Elevators. 

water    connections    for.    regulations 1111 

EMIGRANTS— 

relief  to,   from  Mullanphy  Emigrant   Relief  Fund ^^  ggj 

EMINENT  DOMAIN— 

See   Condemnation. 

EMPLOYMENT   AGENCIES— 
See   Intelligence   Offices. 


SEC. 

1118 
1119 
1120 
1121 
1122 
1124 
1106 
1125 
1125 
1125 
1126 
1127 
1128 
1129 
1117 
1128 
1129 
1129 
1130 
1131 
1132 
1133 

1134 
1136 
1137 
1135 

1138 
1143 

114C 
1147 
1149 
1150 
1151 

1102 
1162 
1188 


1913 


167 
168 
1G9 
170 
172 
349 


2522 

1668 
1669 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1211 


f  Index  to  Charier  and  Xoti's,  pp.  463-542. 

'  liult'X  to  Sclieme,  pp.  279-286. 

I.  Index  to  State  Laws  for  tit.  Louis.pp.  225-256. 


ENGINEERS—  p.vr.K. 

in    iiublio   l)Mil(ilnKs.  appointed   !)>•   Building  Commissioner 550 

at  Four  Courts,  Court  House,  salary  of,  aud  of  assistant  engineers       551 
civil,   appointed  as   city   surveyors — See   City  Surveyors. 

in    Health    Department,    salaries 750 

See    for   other   departments,    etc.,    the    names   of   the    official    or 

department   in   which   employed. 
Board    of — See    Boilers    (Steam)    and    Elevators. 
licenses  to,  how  granted  or  revoked  by  Board  of  Engineers,...     IOCS 

applications    for    licenses,    regulations,    etc 1071 

regulations    as    to,    in    charge    of    steam    boilers    and    elevators 

— See   Boilers    (Steamj   and   Elevators. 
licensed,   to   make   semi-annual    reports,   failure,   penalty........     1072 

ENGRAVERS— 

/■1051 
provisions  and  regulations  as  to  licenses  by J     to 

i  1054 
deflnltion    of    1051 

ENTICEMENT— 

of  girls,  when  misdemeanor — See  Bawdy  Houses:  Misdemeanors. 

ENTRY    INTO    PREMISES— 
See   Kight   of  Entry. 

EPIDEMICS— 

proclamation  in  time  of,  power  of  Mayor  and  Health  Com'r.  . 

quarantine   In   times  of — See   Quarantine. 

landings  from  common  carriers  coming  from  Infected  parts.. 

ERYSIPELAS— 

See  Contagious  or  Infectious  Diseases. 


70C 
S67 

741 


SEC. 

14 

17 

872 


2332 
234S 


2352 


2270 

to 
2285 
2271 


C33 
1501 

822 


ESTIMATE  OF  COST— 

See   Public   Work:   Ordinances. 

when  endorsed  on  ordinance  by  President  Board  Pub.  Impts....       971         1920 

when   made   by   B.    P.    I.   on   complaint    that    public    work    being 

defectively    done    972         1925 


ESTRAYS— 
See  Cattle: 


Marshal. 


EVIDENCE— 

records   of   Health    Commissioner's   office   presumptive 605 

sprinkling  tax  bill   prima   facie 772 

by   deposition   In    Police  Court  cases 827 

of  ordinances,  etc. — See  reference  in  note  to  Sec.  1414 "  851 

burden   of   proof  in  Junk-shop  controversies 889 

In    trials    for    vagrancy 897 

In  trials  of  city  elective  officers  before  the  Council 910 

I    97'' 

on  hearing  of  complaint  of  defective  public  work •"  ^-o 

(  y  t  .f 

on  hearing  before  Board   of  License  Revision 1015 

of  payment  of  special  sewer-tax   bills 1059 

proximity   of    weights   and    measures,   etc..   to   articles,    use    pre- 
sumed      1115 

EXCAVATIONS— 

regulations    concerning.    In    building 567 

depth   of.  duties   to  adjoining  owner 567 

law  as  to — See  note  to  Sec.  73 568 

ground    test    respecting 568 


452 
1080 
1301 

1605 
1635 
1701 
1926 
1930 
2112 
2304 

2536 


72 
73 


74 


1212  INDEX  TO  RE\aSED  CODE  OR  GENERAL  ORDINANCES. 


{ 


Index  to  Charter  and  Xotes,  pp.  463-542. 

Index  to  Scheme,  pp.  279-286. 

Index  to  State  Laws  for  St.  Lowis, pp. 225-256. 


i 


EXCAVATIONS— Continued.                                                                                page.  sec. 

on    wharf    prohibited G4S  369 

in  streets  and  highways  without  permit,  prohibited '    ;°^  „^.i 

(     ibS  9/0 

in  streets,  alleys  and  highways,  when  special   permit  necessary       763  926 

762  922 

763  926 
in  streets  and  highways,  regulations '     806  1211 

I     808  1224 

I    SIX  1239 

in  sidewalks,  must  be  bridged,  how 762  923 

r    763  9^4 

in  or  adjoining  any  highway  or  alley,  to  be  fenced •     A..H  ,,^0 

red   lights   for,   at   night 763  924 

additional  regulations  for,  in  any  street,  alley  or  highway,  fund 
for  expenses  to  be  deposited,  restoring  paving,  expenses  of 

inspection     763  926 

withdrawal  of  fund,  withdrawal  of  special  fund 765  926 

filling,  inspection,  driveway  over  trench,  etc 764  926 

for  telegraph,  telephone  poles,  etc 787  1123 

for  public  work,  must  be  protected,  how,  or  misdemeanor 806  1211 

or  holes  or  dangerous  places  to  be  fenced  or  filled  on  notice  from 

Street   Commissioner    Sll  1239 

in  highways,  when  Street  Commissioner  to  fence  or  fill 811  1240 

same ;   expense  of.  how  paid 811  1241 

for  stone  quarries,  retaining  wall,  failure,  misdemeanor 882  1563 

I    997  1793 

connected  with  plumbing  or  drainlaying,  or  sewer -j    „J„  t-qa 

for  sewer  or  water  connections 930  1798 

ordinances  regulating,  to  be  recommended  by  B.  P.  1 968  1913 

Street  Commissioner  has  supervision  of  all 975  1945 

what   subordinates    in    Street    Department   attend    to,    and    issue 

permits    for    979  1949 

EXCISE    COMMISSIONER— 
See    Dramshops. 

authority,   powers,   etc.,   under   new   State   law.    supersedes   ordi- 
nance provisions — See  note  to  Chap.  31,  Art.   4 1024 

EXECUTIONS    FROM    POLICE    COURTS— 
See  Police  Courts. 

EXHIBITIONS   OR    SHOWS— 

for  theatrical   performance — See   Theatrical  Performance:   Thea- 
tre. 

immoral  or  indecent,  is  misdemeanor 870  1516 

permit  from  Mayor  before  license /    „„„  r^^^ 

(    890  1606 

roundabout   or   flying   horses,    same <    ^„„  }^^'!i 

I    890  1606 

license  for  .roundabout  or  flying  horses 1052  2274 

evidence  of  moral  character  required,  etc.,  when 887  1594 

gambling  or  lottery   at,   misdemeanor 887  1595 

revocation    of    license    for 888  1596 

carrying  on,  after  license  revoked,  misdemeanor 888  1597 

no  license  for  dramshop  at  places  for,  when 1028  2159 

license    for,    required 1051  2270 

definition    1051  2271 

amount  of  license  for 1052  2274 

duration  of  term  of  license    (Ord.   22576  in  Appendix,  p.   1162), 

also    1052  2275 

(•1052  2276 

other  license  provisions  concerning -i     to  to 

il053  2278 

application   for  license,  how  made 1053  2281 

duty  of  License  Collector  to   inquire   before  licensing 1053  2282 

petition   of   block   residents,    when 1054  2283 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1213 


•  Index  to  Charter  and  .Yo/es,  pp.  463-542. 
Index  to  i<(heme,  pp.  279-28l> 
Index  to  State  Laws  for  St. Louis. i)y).225-25<j. 


EXITS— See  Theatres. 
EXPLOSIVES — See  various  names  of  explosives. 


FACTORY— 

See   Building. 
flre-escapes    in. 


vaults    and    water-closets    In. 


for  bone  crushing  or  burning,  when  nuisance 

soap,  bone,  vitriol,  or  renderln.?  factory,  tannery,  candle  works. 

not  to  discharge  liquid   waste   into  ponds 

discharge  of  filthy  water,  etc..  Into  street  from,  Is  nuisance 

soap,  bone,  vitriol,  or  rendering  factory,  tannery,  candle  worlds, 
etc..  not  to  be  opened  or  oi)erated  without  ordinance 


blowing    whistles    in.    misdemeanor. 


FACTORY    INSPECTION— 

factory  inspector  for.  appointment,  qualifications,  tenure.*. 

same:    employes    

Inspector  and  employes  to  give  full  time  to  duties 

powers  and  duties  of  inspector  and  deputies 

to  be  made  when,  and  by  whom 

certificate  for   

salaries  of  Inspector,  deputies  and   clerk 

bonds  of  same •. . . 

reports   of    

office  of   inspector   in   Citv   Hall 

FALSE  ALARM— 

See  Fire  and  Police  Tel.  Dept. 
FARMERS— 

wagons  of,  reserved  at  markets,  for  sale  of  produce,  etc 

not  to  be  charged  fees  for  selling  produce 

may   sell   meat   or  produce,   how 

may  sell  produce,  vegetables,   fruit,   how 

ordinance  against  driving  cattle  not  applicable  to 

wagons  to  bring  In  produce  exempt  from  vehicle  license  and 
regulation   article    

same:   exem|)t  from  vehicle  weighing  article,  to  what  extent.... 

selling  their  own  i)roduce.  cannot  be  brought  within  ordinances 
on  hawkers  and  peddlers,  and  license  requirement  for  farm- 
ers  is    void — See   decisions   in    note   to   heading   of   Art.    14. 

Chap.   31    

FARES— 

See  Fees  and  Rates. 
FAST  DRIVING— 

See  Driiina:  Automobile. 
FEES    AND    RATES— 

See    Salaries:    Wharfage. 

for  inspection   of  buildings 

to  be   paid   liefore   work  on   buildings 

on   appeal    to   Board   of   Appeals 

of    city    surveyors 

of  stenographer  to  Coroner 

post-mortem     

of    Inquest    

statement   of,   by  Coroner 

for   factory   Inspection...  


P.VC.K. 

SEC. 

583 

138 

f  690 

571 

691 

576 

1062 

2313 

700 

604 

701 

608 

703 

617 

(  704 

625 

I  705 

626 

(  879 

1543 

\    879 

1544 

622 

276 

622 

276 

622 

277 

622 

278 

623 

279 

623 

280 

624 

281 

624 

282 

624 

283 

624 

284 

853 

1424 

855 

1429 

859 

1451 

861 

1468 

884 

1574 

943 

1838 

123 

2566 

1040 


for   measuring   firewood 

for  measuring  coal  or  coke 

milk  and  cream  Inspection,  etc , 

for  permit  to  cut  Ice 

of  arbitrators  fixing  price  of  conduits  purchased  by  city. 


560 

55 

560 

56 

561 

59 

614 

238 

616 

251 

617 

254 

617 

255 

617 

257 

623 

280 

633 

326 

656 

401 

656 

402 

G73 

493 

690 

566 

783 

1104 

SEC. 


1214  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

f  Index  to  Charter  and  Notes,  pp.  463-542. 

J  Index  to  Scheme,  pp.  279-286. 

(  Index  to  State  Laics  for  St.  Louis,  pp.  225-256. 

FEES  AND  RATES— Continued.  page. 

appeal  and   other,  in   Police  Courts 821  1273 

for  summoning  jury  in  Police  Court,  when  Marshal  disqualified       825  1288 

what,  assessed  on  conviction   in   Police  Court 825  1292 

of  jurors  and  witnesses  in  Police  Court 826  1297 

witness,  in  Police  Court,  claim   for,  and  payment 826  1298 

payment  of  fees  collected  by  Marshal 833  1331 

of  grand  and   petit  jurors 834  1335 

claim  for  all  jury  and  witness  fees  must  be  audited  within  year     1087  2412 

to  Market-Master  to  do  weighing 857  1439 

for    estrays    885  1581 

for   Dog-Pound   Keeper,   redemption   of  dogs 899  1645 

for    taker-up    of    dogs 899  1645 

derived   from   impounded   dogs,   how   paid 900  1649 

plumbers'  examinations — See  Ord.   23007   in  Appendix 1150 

plumbing  inspection   929  1797 

for  licenses — See,   under  License,  the   particular   section   provid- 
ing  for  license. 

chargeable   by    public   porters 932  1807 

allowed  by  and  for  hackney  carriages 940  1S23 

rates   allowed    for    one-horse   vehicle 940  1824 

for  vehicles  by  the  hour 940  1825 

for  vehicles,  when  may  be  doubled 940  1826 

for  omnibuses   to   stations 940  1828 

for    furniture    car 941  1829 

when    to    be    posted    in    public    conveyances,    regulations,    etc. 

(amended  Ord.  22899— see  Appendix,  pp.   1154-1155) 941  1830 

violation  of  ordinance  on,  applying  to  vehicles,  penalty 941  -*  f oo^ 

attempting  to  defraud   cab-owner,  etc 941  1832 

(•    943  1839 

overcharge  for  use  of  vehicles,   etc ■!     to  to 

i   944  1843 

collection  and  payment  by  Recorder  of  Deeds 1003  2053 

of    Register     1005  2062 

of   sewer-work   inspection 1058  2303 

for   licenses   to  engineers 1068  2332 

for  inspections  of  boilers 1070  2336 

for    inspection    of    elevators 1073  2359 

to  be  paid  into  city  treasury 1092  2439 

of  Inspector  of  Weights  and  Measures  to  be  paid  into  treasury     1114  2531 

of  swimming  baths  or  schools,  on  certain  days 1099  2466 

shutting  off  water  to  make   repairs 1111  2520 

f 1115  2538 

I  1115  '^537 

of  inspections  of  weights,  measures,  scales,  etc ■[  ,,1^  I^-oq 

11116  2540 

for    weighers'    certificates    from    Collector 1120  2558 

of   weighers   for   weighing 1124  2568 

of  city  weighers  on   portable  scales 1128  2589 

of   lumber   inspectors 1130  2598 

FEMALE    HOSPITAL— 

„        ,         .         ^                ,                                                                          f    625  285 

two  fire  department  men  at \     „„„  ,(,„ 

requisitions,   etc. — See   Health    Commissioner. 

(    7'>2  710 

students,    when    admitted •     _.-,o  ,., , 

operations   in    722  711 

clinical   lectures,   when   forbidden 722  712 

nurses — See  St.  Louis  Training  School  for  Xurses. 

salary    of    nurses,    etc 722  715 

same;    additional   nurses — see   Appendix,   Ord.   22935 1144 

convalescent   patients  may  labor 723  716 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1215 

Index  to  Charter  and  Xotes,  pp  463-542. 

Index  to  Scheme,  pp.  279-28r>. 

Index  to  State  Laws  for  St. Louis,  vp-"0-256, 

FE.MALt:   HOSriTAU— Continued—  p.\gk.  .sec. 

Superintendent   of   723  717 

Superintendent  of.  appointed   by   Mayor /  o^„  -iKna 

bond    of    Superintendent 723  718 

salary    of    Suiierlntendent    of 723  719 

power  of  Superintendent   of.  over  patients 724  722 

power   of.   over   employes 724  723 

time  of  Superintendent   given   to,  family  board  allowed 724  724 

assistant    to    Superintendent 724  728 

formerly  "Social  Evil   Hospital  and  House  of  Industry" 725  734 

established     725  734 

exclusively  for  females 725  735 

employment    of    inmates 726  736 

patient  convalescent   may  remain   how  long 726  737 

Assistant   Superitnendent.  appointment,   tenure 726  738 

qualification    of   Assistant    Superintendent 726  739 

duties   of   Assistant    Superintendent 726  740 

salary    of    Assistant    Superintendent 72G  741 

suspension  of  Assistant   Superintendent 726  742 

Supervisor  of  Nurses   and    Matron   at 726  743 

Supervisor  of  Nurses,    duties 726  744 

Supervisor  of  Nurses,    qualifications 727  745 

Insane   persons  at — See  Insane  Persons. 

I  750  87'' 

salaries  of  officers  and  employes  at,  not  otherwise  stated }  ...  ,..Z 

I  lol  So 

to  whom  board  and   washing  allowed 751  873 

temporary  employment   of  mechanics,  etc 751  874 

to  fix  salaries  of  temproray  help  In 751  875 

FENCES— 

regulations    for    609  215 

barbed   wire,   prohibited   when 805  1208 

barbed    wire,    penalty 805  1209 

about  excavations,  etc.    See  Excavations. 

FENDERS— 

on  street-cars — See  Street  Railicai/  Cars. 

FERRIES— 

not   to   run   without   license 658  413 

petition    for.   to   be   presented   to   Municipal    Assembly 658  414 

Assembly  to  direct  license  to  issue  and  cost  thereof 658  415 

term  of  license  and  conditions  of  Iwnd 658  416 

renewal    of   license    for 659  417 

when   Mayor  may   issue  license  for 659  418 

duties   of   keepers   of 659  419 

!...<...  f  659  420 

when  license  for  may  be  revoked <  »„(,  .,. 

keepers  of.  suit  on  bond  for  damages 659  421 

landings,   how   designated 659  422 

temporary    landings,    when    designated C59  423 

rules    for    operating 659  424 

rates  on,   for   ferriage 660  425 

rates  to  be  posted  on 660  426 

r  660  427 

Wiggins  Ferry  Co.,  terms,  rights,  etc \  661  429 

I  661  430 

660  428 


Madison  County  Ferry  Co.,  terms,  etc J  661  429 

(  661  430 

right  of  amendment  or  repeal  of  ferry  privileges 661  430 

sunken,  to  be  removed,  proceedings 661  431 

Illinois  and  St.  L.  R.  R.  &  Coal  Co.,  condition  of  license  for  ferry  661  432 


1216  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


{ 


Index  to  Charter  and  Notes,  pp.  463-542. 

Index  to  Hcheme,  pp.  279-286. 

Index  to  State  Laws  for  St.  Lo!«'s. pp.  225-256. 


FERRIES — Continued.  p.\ge.  sec. 

St.  Clair  Ferry  Co.,  condition  of  license  for  ferry,  etc •  „„.  ,„, 

(  G61  434 

collections   for   dues   from 661  435 

Waterloo-Carondelet   Turnpike  and   Ferry   Co.,   license 662  436 

FEVER— 

See  Contagious,  etc..  Diseases. 

FIGHTING— 

misdemeanor    877  1537 

FINANCIAL    AGENT— 
See   Brokers. 

FINES— 

See    Misdemeanors :    Imprisonment :    Workhouse. 

imprisonment  for  failure  to  pay — See  decisions  in   note  to   Sec. 

1265    SIG 

where   no   specific   punishment   prescribed 900  1650 

amount  of.  where  none  declared  specifically 901  1652 

maximum,  where  not  prescribed 901  1653 

to  be  paid  into  city  treasury 1092  2439 

what  to  go  to  Harbor  Fund C42  372 

imprisonment   for,    in    workhouse 829  1308 

C  goQ  1315 

report  of,  collected  by  Marshal,  etc <  ggg  -^oo^^ 

.  .     ,        *»    t  J  ,                ,     f       A-                                                      f  949  1405 

not  to  be  affected  by  repeal  of  ordmance -!  org  -,  .qq 

one-half  of  to  informer,  selling  game  out  of  season 864  1482 

f  865  1493 

Mayor    may    remit -^  3gg  ^^g. 

for  misdemeanors  connected  with  Public  Library  property,  go  to 

Library    Fund    886  1585 

for  cruelty  to  animals,  one-half  to  Humane  Society 890  1608 

FIRE — See  Fire  Department. 

Building  Commissioner  to  ascertain  cause 556  39 

Building  Com'r  to  ascertain   danger  from 556  39 

reconstruction  of  buildings  damaged  by 557  45 

rubbish  on  sidewalks  from  buildings  destroyed  by 768  929 

measures  for  prevention  of,  see  Buildings;  Theatre. 

prohibited   on  asphaltum  streets 611  223 

r  612  224 

on  streets  prohibited \  699  597 

I  811  1242 

f  612  225 

hay  and  straw  to  be  guarded  against • •,  g.^  909 

combustible  substances,  benzine,  petroleum,  naptha.  etc..  guarded  j  613  232 

against    \  G13  234 

powers  of  Fire  Department  at,  see  Fire  Department. 
Iiassing  over  hose  at — See  Fire  Department. 
alarms  of — See  Fire  and  Police  Telegraph  Dept. 

on  l)oats  in  harbor,  penalty  for  loosing  boat 646  365 

in  market-stands  without  permission,  prohibited S60  1458 

city  not  to  be  liable  for  damages  for,  etc 961  1884 

FIRE-ALARM— 

See  Fire  and  Police  Telegraph  Department. 

FIREARMS— 

not  to  be  discharged  without  permit 612  228 

not  to  be  carried  without  permit — See  Concealed  Weapons. 

not  to  be  discharged  when  loaded,  in  theatres 882  1566 

discharged  in  theatres,  person  in  charge  responsible 882  1567 

not  to  be  sold  minors  under  sixteen 883  1568 


INDEX  TO  REVlfaiSD  CODE  OR  GENERAL  ORDINANCES. 


1217 


Iiiclex  to  Charier  and  Notes,  pp.  463-5-12. 

Ineie.x  to  ftcheme,  pp.  279-28'). 

Index  to  State  Laws  for  St.  Louis.  y>\).22o-2oG. 


KIRE  AND  POLICE  TELEGRAPH  DEPARTMENT— 

theatres  to  be  connected  with 

lire  alarms  to  be  sent  to 

ill    city    hall 

supeiinteiulent,    control    over 

bond    of    superintendent 

appointment  of  assistants  and  employes  In 

oath    of   employes   in 

superlnlendeni's   control   to   direct  men,   etc 

control  and  power  of  superintendent  in  general 

records  by  Sup't. — record  of  fire  alarms 

fire  alarms  to  be  given  by  whom 

tampering  with  apparatus  or  making  false  key,  misdemeanor. 

false  alarm   is  misdemeanor 


rules  for  fire  alarm 

salaries  of  men   in 

horse  and  buggy  for  superintendent  of 

wires  of.  may  lie  placed  free  of  charge  in  private  conduits,  etc... 

interference  with  wires  of,  misdemeanor 

Superintendent  of.  appointed   by   Mayor 


rvfir. 

SKC. 

GOO 

195 

G:iO 

300 

030 

300 

C30 

307 

630 

308 

030 

309 

030 

310 

030 

311 

030 

312 

631 

313 

631 

315 

631 

310 

031 

316 

879 

1545 

031 

317 

032 

318 

032 

319 

781 

1100 

811 

1236 

868 

1509 

FIRE-CRACKERS— 
when    prohibited 


612 


230 


FIRE  DEPARTMENT— 

duties  of  chief  to  Inspect  buildings  transferred  to  Building  Com- 
missioner     

right  of  chief  of,  to  enter  theatre  buildings  to  inspect  same 

to  be  connected   with   theatres 

composition  of.  what  officei-s  and  men 

where  stationed   

qualiflcalions  of  men  and  officers  in 

amendments  to  sees.  2S5  and  287.  ord.  22809,  appendix 

chief  of,  qualifications,  bond,  compensation 

assistants  and  employes  in,  qualifications  and  salaries 

at  city  Institutions,  duties  of  men 


chief  of,  powers  and  duties. 


chief  of,  appointed  by  Mayor 

settlement  of  disputes  in 

location  of  office  of  chief  of 

duties  of   assistants   In 

duties    of    secretary    of 

qualifications   of   niemt)ers   of 

uniforms  of  men  in 

police  powers  of  chief  and  assistants.... 
vehicles  not  to  run  over  hose  of.  at  fires. 

drilling    of    


drill-master  of    

right   of  way  paramount  to  street  cars 

right    of   way   to   fires 

street  cars  to  slacken,  passing  engine  bouse 

claim  for  damages  caused  by 

payments  of  salary   during   sickness 

act  for  pensioning  crippled  or  disabled  men  of 

wated  plugs,  unlawfully  opening  or  injuring 

water-plugs  Injured  by  sprinkling  contractor 

water-plugs  or  fire  plugs  of,  street  commissioner  may  withdraw 
use  from  contractor 


553 

27 

000 

195 

001 

196 

024 

285 

024 

285 

025 

285 

1139 

025 

286 

025 

287 

020 

288 

026 

289 

027 

290 

628 

296 

808 

1509 

027 

290 

627 

291 

627 

292 

027 

293 

027 

294 

027 

295 

028 

295 

628 

297 

028 

298 

628 

299 

028 

300 

901 

1885 

028 

301 

950 

1864 

029 

302 

629 

303 

629 

304 

1101 

2475 

770 

1072 

1079 


1218  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

Index  to  Charter  and  Xotes,  pp.  463-542. 

Index  to  S_cheme,  pp.  279-286. 

Index  to  State  Laics  for  gt.  Lojfi.?. pp.  225-256. 

FIRE  DEPARTMENT— Continued.  page.  sec. 

■water-plugs,  under  charge  of  Water  Commissioner 981  1958 

vehicles  of,   how  marked 912  1711 

Harbor  Boat  to  assist 994  2013 

not  subject  to  provisions  of  article  on  boilers,  etc 1071  2347 

purchase  of  engines  and  apparatus  for,  how 1078  2379 

use  of  city  water  by 1100  2473 

FIRE-DOORS  AND  SHUTTERS— See  Buildings. 

when   required    584  141-142 

inside   of   building    o85  143 

to  be  closed  at  night,  etc 585  144 

FIRE-ESCAPES — See  Buildings. 

in  buildings  of  certain  kinds 583  138 

in   connection   with   stand-pipes 584  139 

to   be    kept   unobstructed 584  140 

duty  to  provide  fire-escapes,  rope  ladders,  etc.,  in  certain  build- 
ings     596  189 

posting  notice  of  compliance  with  ordinance  for 596  190 

in  theatres — See  Theatre. 

FIRE  LIMITS— 

boundaries  of   565  66 

what  buildings  allowed  in,  and  what  not /    rgr  g^ 

frame    buildings    within 566  68 

612  226 

613  232 


hay  or  straw  within,  how  guarded < 

petroleum,  cotton,  hemp,  naptha,  benzine,  etc.,  in 613  232 


FIREMEN— 

in  Four  Courts  and  Court  House — salary,  etc 551  17 

composing  fire  department — See  Fire  Department 624  285 

qualifications  of — See  Fire  Department. 

act  affecting  crippled  or  disabled 629  304 

FIRE  PLACES— See  Buildings. 

FIRE-PLUG  OR  WATER-PLUG — 

See  Fire  Department. 

FIRE  PREVENTION  BUREAU— 

may  request   inspector 555  37 

Inspector  on  Board  of  Appeals 561  58 

FIRE-STOPS— 

in  buildings — See  Buildings. 

FIRE-WALLS— 

See  Buildings;  Theatre. 

FIRE-WOOD— 

how  brought  to  city  in  vehicles 632  320 

when  to  be   measured 632  321 

measurement  of,  duty  of  measurer 633  322 

person  desiring  measurement  to  give  name 633  323 

load  certified,  not  to  be  diminished 633  324 

certificate   to   purchaser 633  325 

fees  of  weigher  of 633  326 

fees  for  measuring 656  401 

cord  of.  how  computed 633  327 

blanks  for  certificates 633  328 

yard-keepers  and  vendors,   duties  of 633  329 

fraud  in  selling,  misdemeanor 633  329 


INuEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1219 

liulex  to  Vhaitcr  and  \iilcs,  pp.  -IGo-.^li. 

Index  to  Hchcmc,  pp.  275-2St). 

Index  to  State  Laws  for  St.  Louis,  pp.  22o-25G. 

FIRE-WOOD — Continued.  pack.  sec. 

certltk-ate    of    measurement 633  330 

wharfage  on — See  M'harfage. 

receiving,  measuring,  collecting  wharfage — See   n'harfage. 

districts  for  receiving,  measuring,  etc 054  393 

brought    in,   how   jjiled.   etc G55  395 

selling,  after  removing  from  measured  cords,  misdemeanor 055  39C 

remaining    on    wnarf — wharfage    rate 055  397 

not   occBpy    paved    wharf 055  397 

cord,    how    computed 650  398 

must  be  sold  by  cord,  unless  for  private  use l    ,,'?^  „„„ 

^.    bob  iyy 

duty  of  commissioner  or  deputy  to  be  at  wharf G5G  400 

duty  of  com'r  or  deputy  to  measure  on  request 650  401 

not  to  be  thrown  on  sidewaliv  or  street SOS  1222 

places  where  may  be  sold 853  1423 

FIRE-WORKS— 

when  permitted [    ^  ^29 

FISH— 

inspection    of    G8G  541 

tainted    f C8G  542 

selling  tainted,  penalty 687  543 

seizure  of  unsound  or  impure  by  market-masters 856  1435 

may  be  sold  under  meat-shop  license 862  1473 

use  of  ponds  in  parks  by  Fish  Commission. 985      )  }„'Z 

\  1975 
disturbing,  etc.,  in   parks 996         2018 

FLAG— 

on  what  public  buildings 548  3 

FLOORS — See  Buildings. 

FLOUR— 

throwing  prohibited,    (see  appendix,  ord.   22564,  or  note  to  sec. 

1537a) 1150 

FLIES— 

regulations  concerning — See  Buildings. 

cleaning  and   burning  out 612  231 

not  to  be  used  as  ventilators  for  sewering,  etc 10H3         2314 

FLYING  HORSES— 

See  fc'xhihifion  or  f!hoic. 

FOOD— 

See  .Markets:  Aiiiiiials:  liraii  .iiiiiniiis ;  Meat:  \  cgctables ;  Game; 
Fruit;  etc. 

FOOTINGS— 

See  Buildings. 

in   buildings,   el''  569  80 

FOREST  PARK— 
See  Parks. 

FORESTER— 

See  City  Forester. 

FORFEITIRE— 

See  Fine.H.  etc.:  Mayor. 

FORTUNE  TELLERS— 

license   required   for 1029  2169 

term  defined    1029  2170 

amount  of  license 1029  2171 

penalty  doing  business  witbont  license 1030  2172 


1220  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

(  Index  to  Charter  and  Notes,  pp.  463-542. 

J   Index  to  t<vheme,  pp.  279-286. 

(.  Index  to  State  Laws  for  St.  Louis, pp.22o-25^>. 

FOUNDATION—  page.        .sec. 

See  Buildings. 
of   buildings,   wliat    required 569  77 

FOUNDLINGS— 

what   institutions  authorized   to  nialce  contracts   with  Mayor   to 

receive    915         1728 

names  of  institutions,  rate  of  compensation  for  care  of 915         1728 

applies  only  to  children  not  over  three  years 915         1729 

contracts  for,  may  be  abrogated 915         1729 

what  city  officials  have  full  supervision  of  such 916         1730 

pay  for,  when  ceases;  appropriation  required 916         1731 

orphan  asylums  pay  half-rates  for  water 1106        2496 

establishments  for  or  orphan  asylums,  etc.,  regulations,  see  new 

ord.   22998,   in   appendix 1142 

FOUNDRIES— See  Factories:  Buildings. 

FOUNTAINS— 

provisions  for  drinking — See  Drinking  Fountains. 

on   premises — water-rates    1103         2487 

attachments   with    water-works    pipes,    B.    P.    I.   to   approve   pat- 
tern   of    IIOS         2508 

FRAME  BUILDINGS— 

See  Buildings;  Fire  Limits. 

FRUIT— 

inspection    of    686  541 

tainted  or  spoiled 686  542 

selling   spoiled    687  543 

stands  for  selling,  occupying  sidewalk  or  highway,  regulations...  807  1217 

throwing,    on   sidewalk,    etc.,    misdemeanor 807  1218 

sellers  of,  to  keep  certain  ordinance  sections  posted  up SOS  1219 

sale  of  at  markets,  need  not  be  by  weight,  or  stamped,  etc 857  1440 

sale  of  at  markets,  outside  of  market-house 859  1450 

sale   of,    under   meat-shop    license 862  1473 

f  14S3 

regulations  as  to  sale  of  perishable 864  i    to 

(  14S6 

..,,,.  I  1020         2129 

auctioneers  to  have  licenses ■  -^q^^        2'>81 

vendors,  hucksters,  peddlers,  etc.,  not  to  sell  on  Sunday 1042         2225 

purchase  of  by  Supply  Commissioner 1078         2376 

FUND  COMMISSIONERS— 
See  Treasury  Department. 

FURNACES— See  Buildings. 

in    buildings    586  150 

FURNITURE  CARS— 
See  Vehicles. 

G 

GALLON— 

defined    1105         2492 

GAMBLING — 

setting  up  device  for,  or  permitting 874  1526 

decisions  as  to  power  of  city  concerning,  and  as  to  what  are  de- 
vices, etc.,  see  note  to  sec.  1526 874 

betting  on  gambling  devices,  or  loaning  for,  misdemeanor 874  1527 

device,  penalty  for  permitting  premises  to  be  used  for 874  1528 

common   gaming   house    prohibited 875  1529 

letting   i)remises   for   device   for 875  1530 

keeper  of,  device,  defined S75  1531 

playing  at.  games  for,  cards,  dice,  bets,  etc..  misdemeanor 875  1532 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1221 


(huli'X  to  Charter  and  .V()^•s,  pp.  46:i-o42. 
Iiuli'.x  to  Scheme,  pp.  279-l.'S6. 
Iiiilt'x  to  State  Laws  for  6'<.Loiiis,pp.225-25G. 

GAMBLING — Continued.  p.voe.  sec. 

decisions  on  gaming,  gambling,  gaming  houses,  etc.,  see  note  to 

sec.    1529     875 

at  show  or  exhibition,  misdemeanor 8S7  1595 

when    persons,   are   vagrants 896  1G32 

pigeon-dropping   897  1633 

GAME— 

,  .         ,  (680  535 

tainted    GSC  541 

inspection  of  CS6  541 

tainted,  unwholesome,  etc..  condemned 680  541 

penalty  for  sale  of  tainted,  etc 087  543 

sale  of,  outside  of  market  stands 859  1450 

may  be  sold  under  meat-shop  license 802  1473 

when   not   to  be   sold 803  1481 

sale  of.  now  governed  by  state  statutes,  see  note  to  sec.  1481 804 

penalty    for    unlawfully    selling 804  1482 

one-half   penalty   to   informer 804  1482 

playing  at  gambling,  misdemeanor — See  Oambling. 

GARAGE— 

See  Automobiles. 


GARBAGE— 

decaying  on  premises,  when  nuisance 

on  yard,  area  or  premises,  when  nuisance 

In   nuisance  article  defined    

boxes,  when  nuisance    


carrying  through  streets,  how  wagon  constructed. 


I  V  1 

f    702 

.]     717 

(     808 


\ 


works,  not  to  be  opened  without  special  ordinance 

as  used  in  nuisance  article  defined 

and  offal,  defined  as  used  in  garbage  article / 


and  offal,  where  not  to  be  thrown  or  placed. 

and   offal,   receptacles  to  be  provided   for 

license  for  removal   required,  terms,  etc 

application  for  removal  of  

metallic   license    plates   on    garbage   wagons    

duty  of  police  and  garbage  inspector  

Issuance  of  license  for  

Board   of   Public   Improvements   to  contract   for  disposal   of. 

to  be  hauled  five  miles  out  of  city 

contract  for  disposal,  to  run  fifteen  years 

term  in  disposal  contract  defined  

contract  an<i  rules  of  Board  Pub.  Imp.  controls 

removal  of.  to  be  under  direction  Street  Department 

B.  P.  I.  to  advertise  for  bids  to  let  contract 


what  contract  shall  cover  and   provide   for 

contractor's   bond    

B.    P.  I.   establish   suitable   receiving   stations 

B.  P.  I.  make  emergfncy  contract  for  disposing,  when 

division  of  Street  Department,  employes  in,  tenure,  appointment, 

duties,    etc     

bonds  and  salaries  of  employes  in  garbage  division 

additional  employes,  tenure,  salaries  of  division  for 

scavengers    to    remove    filth    from    market-houses 


698 

590 

701 

607 

698 

594 

701 

606 

702 

614 

717 

688 

808 

1225 

704 

625 

705 

626 

706 

629 

716 

685 

803 

1198 

717 

686 

717 

687 

717 

689 

718 

690 

718 

691 

718 

■692 

719 

693 

803 

1196 

803 

1196 

803 

1197 

803 

1198 

803 

1199 

803 

1199 

804 

1200 

804 

1201 

804 

1202 

804 

1203 

804 

1203 

804 

1202 

804 

1204 

804 

1205 

805 

1206 

805 

1207 

856 

1438 

1222  JXDEX  TO  RKVISED  CODE  OR  GENERAL  ORDINANCES. 

f  Index  It)  Charier  and  Notes,  pp.  463-542. 

J  Index  to  Scheme,  pp.  279-286. 

(  Index  to  State  Laws  for  St.  /jOins.  pp.  225-25G. 

GARBAGE— Continued.  i>.\ge.  sec. 

lessees   to   remove  offal,   etc.,   on  closing   market  stalls SoS  1447 

no  offal  or  filth  thrown  about  market-places  859  14ii4 

removing  or  depositing  without  permission   of  owner  of   prem- 
ises       889  1603 

GAS— 

regulations  concerning  burning  of   590  16] 

c   .                      ,   f                        •  f     590  162 

fixtures,    regulation    concerning    }     .„|,  ::-, 

leakage,  etc.,  prohibited   590  163 

use  of,  in  theatres  regulated  601  197 

(     634  334 

meter,    tested   by    Supervisor   City    Lighting    }     ,„^  "'^Z 

testing   correctness    of   meter    634  334 

meter  incorrect,  company  to  rectify 634  334 

company  failing  to  furnish  city  with,  as  per  contract 634  335 

enforcement  of  contract  with  city  for 635  336 

meters   to   be   sealed   and   stamped    635  337 

meters  to  be  adjusted  when   635  338 

meters,  what  considered  accurate   635  339 

meters,  record  and  rejiort  of  inspection  , 635  340 

meter,   counterfeiting,   defacing  seal   on 635  341 

time-tables    tor    lighting    b36  342' 

duty  of  Chief  of  Police  to  report  condition,  etc 636  343 

companies  to  submit  bills  of  city  to  who:ii 636  344 

GAS  COMMISSIONER— 

appointed  by  Mayor,   when 868         1509 

GAS  COMPANIES— 
See  Gas. 

GAS  CONNECTIONS— 

to  be  made  in  advance  of  street  construction 757  898 

disturbing  street  paving  by  Gas-Companies  to  make,  company  to 

repair   street,    when 760  912 

f  760  912 

stop-cocks,  location   of \  760  913 

I  812  1244 

excavations  for  service  pipes  not  kept  open  over  night 762  922 

B.  P.  I.  to  recommend  ordinances  for 968  1913 

GAS-METERS— 
See  Gas. 

GAS  PIPES— 

See  Pipes:  Bnitdings;  Gas;  Oas  Connection. 

to  be  kept  in  order,  etc 590  163 

Supervisor  of  City  Lighting  to  examine 635  336 

repair  of  street  caused  by  laying — See  Oas  Connections. 

GASOLINE— 

j     613  232 

precautions    provided    for "l     613  233 

I    613  234 

GIANT  POWDER— See  Gunpowder. 

GIRDERS— 

See  Buildings. 

GLUE-FACTORY— 
See  Factory. 

GOATS— 

C  884  1575 

impounding,    estray,    etc -,  to  to 

(  885  1581 


INDEX  TO  RE\  ISED  CODE  OR  GENERAL  ORDINANCES.  1223 

{Index  to  Charier  and  Soles,  pp.  4G3-542. 
Index  to  Scheme,  pp.  279-28G. 
Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

GRADING 

See  Streets  and  Highways;  Public  Work. 

GRAIN— See  Com;  Oats;  etc. 

GRAVES— 

See  Dead  Body;  Burials;  Cemeteries. 

GROCERS—  PAQE,  SEO. 

aales  by,  In  markets 861  1468 

selling  certain  meats,  not  meat-shop  keepers. 862  1473 

proposals  to,  for  city  supplies 1078  2378 

GUNPOWDER,  etc.— 

regulations  concerning   551-553  19  to  26 

H 

HACKS  AND  HACKNEY  CARRIAGES— 

See  the  ordinances  referred  to  under  Vehicles. 

HAND-CART— 

trundling  of,  on  sidewalk,  misdemeanor 812        !:"V!, 

HAND-ORGAN- 

on    streets    S79         1547 

HARBOR — See  Harbor  and  Wharf. 
lines  of — See  Wharf. 

obstructions  in — See  Obstructions.                                     ' 
what  comprises — See  note  to  sec.  345 636 

HARBOR  AND  WHARF— 

See  Wharf:  Harbor  and  Wharf  Com'r;  Boats. 

rights,  jurisdiction,  etc.,   of  city   over,   and   decisions   respecting 

Harbor  and  Wharf — See  general  note  to  sec.  345 636 

Improvements,  ordinances  to  come  from  B.  P.  1 9G8        1913 

lines  and  boundaries — See  Wharf. 

boat   994         2013 

HARBOR  AND  WHARF  COMMISSIONER— 
See  M'harf;  Harbor  and  Wharf. 

appointed    by    Mayor 868  1509 

to  cause  obstructions  and  structures  beyond  wharf  line  to  be  re- 
moved      643  350 

to  designate  mooring-place  for  water-craft 643  352 

may  order  change  of  mooring  place 644  353 

unemployed  boats   644  353 

proceedings  by,  where  harbor  obstructed  by  wrecked  boats 644  355 

to  set  apart  landings  for  boats — See  Boats. 

f  645  361 

how  to  remove  obstructions  of  wharf  by  goods,  etc \  646  362 

(  646  363 

to  cause  arrest  of  persons  Injuring  or  stealing  certain  property. .  646  366 

to  cause  removal  of  obstructions  of  wharf 647  368 

permission  to  make  excavations  from 648  369 

failure  to  obey  directions  of.  misdemeanor 648  371 

to  make  report  as  to  boats,  arrival,  departure,  tonnage,  etc....  649  373 

temporary  use  of  wharf  by,  when  permitted 651  380 

control  of  space  for  skids,  etc.,  on  wharf 651  381 

how  to  lease  unimproved  portions  of  wharf 652  383 

procedure  by  to  license  wharf-boats 652  384 

{  653  386 

authority   over  wharf-boats \  6.'^4  390 

I  654  391   , 

duties  respecting  landing  of  wood i 655  395 

to  be  at  wharf  where  firewood  landed 656  400 

to  measure  wood  for  vendor  or  purchaser.  656  401 


1224  INDEX  TO  RETVISED  CODE  OR  GENERAL  ORDINANCES. 

Index  to  Charter  and  Notes,  pp.  463-542. 

Index  to  Scheme,  pp.  279-286. 

Index  to  State  Laics  for  St.  Louis,  pp.  225-256. 

HARBOR  AND  WHARF  COMMISSIONER— Continued.  rw.K.  .sec. 

to  measure  coal  or  coke,  etc 656  402 

to  appoint  deputy  as  superintendent  of  scavenger  dumps 657  406 

to  appoint  watchmen  for  dumps 657  407 

regulations  concerning  scavenger  dumps — See  Scavenger  Dumps. 

may  employ  additional  labor  to  remove  filth  from  levee  or  wharf  657  411 

to   designate   ferry-landings /    ^^^  '^J, 

to  cause  removal  of  sunken  ferry-boat 661  431 

make  out  bills  for  ferry  collection 661  433 

appointed    by    Mayor 868  1509 

when  Assistant  may  act  for,  on  Board  Pub,  Impts 967  1909 

powers  and  duties  of,  in  general 982  1964 

furnish  City  Counselor  plans  of  lands  to  be  condemned,  etc 983  1964 

furnish  and  deliver  bills  for  dues  and  wharfage 9S3  1964 

keep  the  harbor  and  wharf  unobstructed  and  free  from  nuisances  983  1964 

appoints  deputies  and  employes  of  department 983  1965 

deputies  to  be  sworn  in  as  special  policemen •  983  1966 

to  have  charge  of  dump  boats 984  1967 

to   ajipoint   watchmen    for   dump-boats 984  1968 

payroll  for  dump-boat  expenses,  certification 984  1969 

salary   and   bond   of 990  1999 

(  2012 
'l  2014 

appoints  certain  employes  for  department 994  2012 

appointment  of  employes  and  officers  for  Harbor  and  Wharf  Boat, 

etc 994  2013 

may  direct  where  lumber  shall  be  landed 1130  2595 

HARBOR  AND  WHARF  DEPARTMENT— 
See  Harior  and  Wharf  Commissioner. 

HARBOR  FUND— 

to  be  credited  with  all  fines,  etc.,  for  violations  of  Harbor  and 

Wharf   provisions    648  372 

HATCHWAYS— See  Buildings. 

HAWKERS— 

See  Peddlers  and  Hawkers. 

HAY— 

to  be  protected  against  fire,  how  kept 612  226 

keeping  of   G13  232 

removal   from   depot 613  234 

removal  from  wharf 645  360 

(       where  may  be  sold  in  markets 853  1423 

wagons,  where  stands  for  located 945  1849 

fees  for  inspection   of,   scales 1116  2540 


salaries  and  bonds  of  employes  in  department  of 994 


regulations  weighing   ' 


1121  2562 

1122  2564 
1122  2565 

I  1123  2566 
driver  compelled  to  have  weighed,  penalty  false  certificate,  sale 

of  wagon  and  contents,  fine,  etc 1123  2567 

dealing  in   unweighed,   prohibited 1125  2572 

frauds,   short-weight,   changing  certificate,  etc -' !HE         ^-I, 

t  ll^b  ^o74 

bundles  and  packages  on  wagons,  how  arranged 1127         2581 

HEALTH— 

Board  of — See  Board  of  Health. 
Department  of — See  Health  Commissioner. 
epidemics — See  Epidemics. 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1225 

f  Index  to  Charter  and  Notes,  pp.  463-542. 

J  Inde.\  to  Siheme,  pp.  279-28G. 

(  Index  to  State  Laws  for  St. Louis. i>i>.22a-2oG. 

HEALTH  CO.MMISSIONER—  rA<;K.  skc. 
See  Board  of  Htalth. 

to  present  coroner's  report  to  Board  of  Health CIS  2C3 

when  presiding  officer  at  Board  of  Health CCS  347 

to   appoint   clerk 664  444 

general  duties  and  powers  of 6G5  450 

appoint    enjploves    GC5  450 

f  665  450 

control  over  city  institutions,  etc •  .^21  707 

register  deaths  and  births  and  make  report  to  Mayor '  ^^^  ^^^ 

keep  record  of  births  and  deaths 719  696 

f  742  828 

death  and  burial  certificates  from,  etc \  744  836 

I  744  838 

right  to  enter  premises — See  Right  to  Enter  Premises. 

abate  nuisances — See  Xitisances. 

salary   and   bond   of 605  451 

records  of  accounts,  documents  and  papers  to  be  kept  by 065  452 

same — presumptive   evidence   of   correctness 665  452 

,-.,..  '665  452 

to  make   rules  and   regulations •  g„-  ,-q 

assistant  to   666  453 

appointment   and   tenure   of   assistant CC6  454 

salary  and   bond  of  assistant 666  455 

powers  and   duties  of  assistant C66  456 

additional  help  to,  salaries,  etc C66  457 

qualifications   of  all   appointees   of 666  460 

St.  Louis  Training  School  for  Nurses  excepted 666  400 

Clerk  Sanitary  division  appointed  by,  salary,  etc 666  461 

mav  require  emploves  to  work  over-time  and  on  Sundays 667  462 

(  667  462 

compensation  for  over-time  work  bv  employes -j  667  463 

I  667  464 
disinfection  ordered  by — See  Disinfection. 

to  make  rules  for  City  Bacteriologist 668  466 

to  make  rules  for  assistants  to  Bacteriologist 008  471 

to  appoint  clerk  and  janitor  for  Bacteriologist 068  472 

control   over  clerk   or  Janitor,    removal 669  174 

control  over  two  new  laboratory  assistants  to  Bacteriologist  (see 

appendix,  ord.  22S10,  p.   1140) 669  475a 

to  appoint  veterinary  surgeons  to  inspect  live  stock 683  524 

may  prohibit  sale  of  milk,  when 684  529 

to  appoint  Inspectors  of  meat,  fish,  vegetables,  fruit,  etc 686  536 

permit   from  to  cut  Ice 089  558 

to  require  reconstruction  or  connection  of  vaults,  privies,  etc 692  578 

permit  for  cleaning  vault,  etc 692  579 

power  of.  In  case  of  epidemics — (See  Epidemics) 706  633 

power  of.  to  destroy  dangerous  or  decayed  articles 707  634 

compensation  to  owner  of  destroyed   property 707  635 

power  to  cause  disinterment  of  dead  animals,  at  whose  cost 714  673 

duty    respecting   disposal   of   carcasses — ord.    22580   In   appendix, 

amending  sees.   575,  576 1141 

j-  714  676 

same  under  Revised  Code ■  to  to 

715  679 

recall  of  permit  by,  to  remove  carcasses 715  681 

I  700  g9g 

duties  respecting  practice  of  mQdiclne  and  surgery •.  -Jn  699 

signing  burial  certificate — (  See   lit/rials) 720  701 

requisitions  and  accounts  for  office,  sanitary  division,  dispensa- 
ries, hospitals  and  insane  asylum 721  708 

power  to  make  rules  for  government  and  admission  to  city  health 

Institutions    722  709 

control  of,  over  visits  of  medical  students  to  institutions 722  710 


1226  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

[•  Index  to  Charter  and  Xot.es,  pp.  463-542. 

J   Index  to  Scheme,  pp.  279-286. 

i  Index  to  State  Laios  for  Ht.  Louis,  pp.  225-256. 

HEALTH  COMMISSIONER— Continued.  p.vge.  .sec. 

when  may  permit  parents  of  children  at  hospital  to  nurse 722  713 

appoint  additional  nurses — appendix,  ord.  22935 1144 

control  over  Superintendents    723  720 

appointment  by,  of  first  assistant  in  City  Hospital 723  721 

appointment  by,  of  assistants  to  Superintendents 724  728 

appointment  by,  of  assistant  Superintendent  Insane  Asylum '  725  729 

appointment  by,  of  assistant  Superintendent  Female  Hospital...  726  738 

appointment  by,  of  matron  and  supervisor  of 726  743 

to  designate  where  incurable  insane  kept 727  748 

to  designate  rules  for  insane  at  Poor-House 727  749 

relations  to  insane — See  Insane  Asylum;  Insane  Persons. 
relations  to   Dispensaries — See  Dispensaries. 
relations  to  poor-house — See  Poor-House. 
relations  to  dairy  at  poor  house — See  Poor  House. 
to  furnish  blanks  for  reports  for  contagious  and  infectious  dis- 
eases,  to  physicians 735  797 

when  placard  buildings  in  which  certain  diseases 735  798 

f     frog  gni 

may  remove  persons  suffering  with  contagious  diseases,  etc ^     „„„  „», 

power  to  disinfect  premises  or  withdraw  use  of  streets 736  803 

duties  and   powers   respecting  consumption  or   tuberculosis,  etc. 

— See  Contaoious  or  Infectious  Diseases. 
powers,  duties  and  relations  to  quarantine — See  Quarantine. 
removal  of  dead  bodies  requires  permit  from — See  Dead  Bodies : 

Permit. 

when    require   disinterment 746  852 

permission  to  bury  in  place  other  than  authorized  cemetery 746  850 

when  may  require  interment  of  corpse 748  861 

^   ,.            ,                              ^.                   ^.         i  -u    ,■  I     749  865 

duties  and  powers  respecting  cremation  of  bodies „.„  „„„ 

employment  of  temporary  mechanics,  etc 751  874 

to  fix  salaries  of  temporary  help 751  875 

City  Counselor  to  advise 841  1368 

to   have   sick  or   injured   work-house   prisoner   removed   to   City 

Hospital    923  1767 

HEALTH  DEPARTMENT— 

See  names  of  particular  Institutions  or  Officers  or  particular  sub- 
ject treated.     For  salaries,  see  Salaries;  appointments  of  em- 
.               ployes  in,  see  Health  Commissioner;  Board  of  Health,  etc.; 
service  of  process,  see  Marshal,  etc. 
vehicles   of,  how   marked 912         1711 

HEATING  APPARATUS— 

in   charge   Building   Commissioner 550  14 

furnaces,   see  Buildings. 

HEMP— 

,  .                         .  f    613  232 

provisions  concerning    -l    gj^g  .234 

removal   from   wharf 645  360 

factory,    when   nuisance 700  605 

HIDES— 

See  Nuisance. 
HIGHWAYS— 

for  subjects  equally  applicable  to  streets  and  other  highways,  see 

Streets  and  Highxvays   under   which   the  general   subject   is 

indexed. 
For  i)rovisions  peculiar  to  certain  highways,  see  particular  names, 

such  as  Bridges:  Alleys;  Mississippi  River;  Boulevards,  etc. 

HOGS  AND  SWINE— 

not  to  be  kept  In  pen 697  586 

not  to  be  enclosed  more  than  forty-eight  hours 697  587 

in   pens,   nuisance 697  588 

dead,  not  to  be  buried  in  city 714  670 

driving  through  streets  or  on  sidewalks,  prohibited 884  1575 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1227 


liutt-x  to  Chatter  and  Notes,  pp.  463-542. 

liulex  to  Scheme,  pp.  279-286. 

liiJe.\  to  Stale  Laws  for  St. Louis, p\}.22o-2a6. 


IltX'.S  AND  SWINK— Coiitiniieil. 

running  at  large,  impounding  of,  etc 


88!) 


sale  of,  is  stocltyards  proprietor  or  horse  and  cattle  dealers 1046 

HORSE  MARKET— 

See  I^Iorses;  Sales-Stables;  Horse  and  Cattle  Dealers. 

HORSE  AND  CATTLE  DEALERS— 

defined    1046 

license  for.  ord.  22G01,  see  appendix 1161 

same,   before   amendment 1047 

license  before  doing  business 1047 

penalty   doing  business   without   license i 1047 

HORSES— 


sick,  about  cow-stables,  etc 

dead,  not  to  be  buried  in  city 

not  to  be  driven  into  marltets 

driving — See  Driving. 

unattended,   or   loose   on   streets,   owner   liable   in    damages,   see 

note   to   sec.    1558 

cruelty  to— See  Animals. 

unhitching  or  purloining 

hitched   to  trees,   damage   resulting 

not  to  be  hitched  near  or  in  parks. .  

market  for,  and  sale  of,  at  auction,  license 


sales-stables — See  Sales-Stables. 

horse  and  cattle  dealers — See  Horse  and  Cattle  Dealers. 

not  to  be  sold  at  auction  on  street 

purchase  of  for  city  purposes 


r    679 

I     680 

714 

859 


881 

882 

889 

996 

1021 

1021 

1021 


1021 
1078 


HOSPITAL— See  Buildinos. 

building  must  be  constructed  as  first  class. . . .  503 

stairways  in,   how   built 582 

heating    apparatus    in 587 

City  Hospital,  see  Cit;/  Hospital. 
Female,  see  Female  Hospital. 

water  rates  are  one-half  usual   rates 1 106 

private,    regulations   under    new    ordinance,   see    ord.    22998,    ap- 
pendix         1142 

HOSPITAL  FUND— 

created    

what,  sum  set  aside  for , 

HOTEI^— 

must   be   first-class   building 

building  not  to  exceed  certain   height 

stairways  In.  how  to  be  constructed 


fire-escapes    In 


heating   apparatus    in,    regulations 

watchmen  and  alarm  bell  In.  to  guard  against  fires 

proprietor,  lessee,  etc..  neglecting  ordinances  for  fire-escapes,  etc. 

height  of  rooms,  ventilating  sky-lights,  windows,  etc.,  in.. 

privies,  vaults  and  water-closets  in 

sinks,   basins,   etc..   In.   regulations 

grease  traps  under  sinks  in 

garbage    receptacles    

removal  of  persons  afflicted  with  contagious  diseases  from 

keeper  or  agent  to  give  notice  of  contagious  liiseaso,  etc 

vehicles  for  use  of  guests  of,  license-plate  rule  not  apply 

defined   in  license  article 


SKC. 

1578 

to 

1581 

2247 


2249 

2252 
2253 
2255 

610 

512 

670 

1454 


1565 
1602 
2018 
2132 
2133 
2134 


2134 
2380 

63 
136 
151 


2496 


721 

705 

721 

706 

564 

03 

567 

71 

582 

137 

583 

138 

596 

189 

597 

190 

587 

151 

i;97 

191 

598 

193 

598 

194 

691 

576 

1062 

2313 

1063 

2314 

717 

687 

735 

801 

736 

804 

936 

1814 

1030 

2173 

1228  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


{ 


Index  to  Charter  and  Notes,  pp.  463-542. 

Index  to  Scheme,  pp.  27S-2St). 

Index  to  State  Laws  for  St.  LoHi.s,pp.225-25G. 


HOTEL— Continued.  r^GE.        sec. 

amount  and  term  of  license  for 1030         2174 

same — term  of  amended — see  appendix  ord.  22573 1158 

penalty   running,   without   license 1030        2175 

water   rates   in 1103         2487 

HOTEL  RUNNERS— 

runners  or  agents  for,  see  Runners. 

HOUSE  AGENT— 

See  Real  Estate  Agent. 

HOUSE  OF  DELEGATES— 

[This  heading  includes  matters  peculiar  to  the  House;   for  mat- 
ter applicable  to  both  Houses  equally,  see  Municipal  Assem- 
bly.-\ 
elections  to,  see  Elections. 

officers   of    844         1381 

speaker    of    844         1381 

duties  of  the  Clerk   of  the 844         1383 

duties  of  Sergeant-at-arms  of 845         1384 

salaries   of  officers   in I    g, q         1390 

janitor    for,    appointed    by    Speaker 845         1386 

duties  of  janitor,  controlled  by  whom,  etc 845         1387 

Speaker  of,  when  to  be  Acting  Mayor 866         1494 

HOUSE  OF  ILL-FAME— See  Bawdy-house. 

HOUSE  OF  REFUGE— 

See  St.  Louis  Industrial  School. 

now  called  St.  Louis  Industrial  School,  see  note  to  sec.  1510....       869 
name  changed  to  St.  Louis  Industrial  School,  which  title  see  for 
indexed  matters. 

HOUSES— 

See  Buildings. 

f    775         1083 

numbering  of,   provisions  concerning J    to  to 

(    776        1087 

street  commissioner  to  establish   all   numbers 776         1086 

penalty   for   violating  house-numbering   regulations 776         1087 

street  commissioner  to  suiiervise  and  enforce  numbering  of 976         1945 

of  prostitution — See  Baudy  Houses. 
gambling,  see  Oamhling ;  Misdemeanors. 

HUCKSTERS— 

See  Peddlers  and  Hawkers. 

regulations  as   to  sales   in   market 861         1468 

not  to  sell  what  on  Sunday,  hours  of  sales 1042         2225 

violation    of    article,    penalty 1042         2225 

HUMANE   SOCIETY— 

may  erect  drinking  fountains 621  275 

gets  one-half  of  fines  for  cruelty  to  animals 890         1608 

HYDRANTS— 

for    markets    858         1448 

leaking,   nuisance    702  615 

injuring,    misdemeanor    808         1221 

hifching   to,    misdemeanor 805         1210 

ICE—  I 

not  to  be  cut  without  permit 689  558 

application    for    permit 689  559 

r  560 

permit    how    obtained ' 689  <    to 

(    565 

police  to  arrest   persons  unlawfully  cutting 690  567 

bond    with    permit    for G^O  568 

persons  bringing  into  or  storing  ice  in  city  to  file  statement,  etc.  690  569 

penalty   for   failure   to   file   statement 690  569 

penalty  for  failure  to  observe  regulations  concerning,  ice 690  570 

(  810  1234 

sidewalks  to  be  kept  free  of  snow  and <  ygg  g28 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1229 


{ 


Index  to  Charter  and  ^otes,  i>i).  463-542. 

Index  to  Siheme,  pp.  279-286. 

Index  to  iitale  Laus  for  S/.  Louis, pp.  223-25G. 


ICK — Continued.  Page.        sec. 

ileilsions  on  right  of  city  to  reqnlre  removal  of.  note  to  sec.  1234.       810 

street  car  companies  to  keep  crossings,  etc..  clear  of 9G2         1890 

contract   for  supplying   city   Institntions   with 1077         2374 

ICE-CREAM  WAGONS— 

See  Vehicles. 
ILLINOIS  AND  ST.  L.  R.  AND  COAL  CO. 

conditions  of  ferry  license  to llfil  432 

I.M.MOKAL  ACTS— 

are  misdemeanors — See  Misdemeanors. 

when   constitute   vagrancy 89G         1G32 

I. M. MORAL  PLACES— 

See  Bawdy  Houses. 

not  to  be  connected  by  overhead  wires 786         1117 

permit  for  wire  connections,  etc..  for.  void 789      •  '',' 

no   dramshop   license   for 1028  21G3 

I.MPOUNDING— 

(    884  1575 

cattle,   goats,   hogs,   etc |  to  to 

(  885  1581 

decisions  as  to  validity  of  ordinances  on.  see  note  to  sec.  1578..  885 

dogs,  when  by  marshal [    ^^        |^|2 

redemption  of  dogs  from  pound,  fees,  etc -[    ^^^        ]^,'\^ 

dogs    when    killed 899         1G4G 

bringing  dogs  into  city  for  purpose  of 899         1G46 

animals  at  large  In  parks 99G         2018 

IMl'KISONMENT— 

for  violation  of  ordinance,  it  fine  not  paid,  is  constitutional,  see 

note  to  sec.  12G5 SIG 

for  one  not  convicted  of  crime,  when  unconstitutional — See  note 

to    sec.    1G32 ' 896 

for    vagrancy    897         1636 

at  jail — See  Jailer:  Jail. 

at  work-house — See  Police  Courts;  Work-house. 
I.MPKOVK.MENTS— See  Board  of  Pub.  Impt.s.:  PiihUr  Imitn, cements : 

Public  Work. 
INDEBTEDNESS  OF  CITY— See  Bonds. 

INDECENT  exposure- 
Is  misdemeanor — See  Misdemeanors. 

INDIGENT  persons— 
See  Paupers. 
when   insane,  see  Insane  Persons. 

INFECTIOrS  DISEASES— 

See  Contagious  and  Infectious  Diseases. 

INQCEST— See  Coroner. 

INSANE  ASYLUM— 

flre-department  men  at G25  285 

in  charge  of   Health   Commissioner •[    ^^^  ^^^ 

requisitions  and  accounts — See  Health  Commissioner. 

(     ro't  717 

superintendent   of,    term,   appointment '. . .       l'"'  ',' 

•l     560         lony 

bonii    of   superintendent   of 723  718 

salary   of   superintendent   of 723  719 

nurses    at    722  715 

additional,  see  appendix,  ord.  22935 1144 

control  of  superintendent  over  patients 724  722 

control  of  superintendent   over  employes 724  723 

superintendent  give  time  to;   family  board  permitted 724  724 

assistant    superintendent    in 725  729 


1 231) 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


Index  to  Charter  and  Xote.i,  pp.  463-542. 

Index  to  Scheme,  pp.  279-286. 

Index  to  State  Laws  for  St.  Loi/i.s, pp.  225-256, 


INSANE  ASYLUM— Continued.  p.^ge. 

qualifications   of   asst.   superintendent 725 

powers  and  duties  of  assistant  superintendent 725 

assistant  supt.,  salary,  board,  washing 725 

assistant  supt.,  tenure  of  office,  suspension 725 

established    727 

portion   of  poor-house  used  as 727 

persons  at — See  Insane  Persons. 

admission  to,  records,  etc.,  see  Insane  Persons. 

decisions  concerning,  see  note  to  sec.  747 727 

maniacal  building  at,  see  ord.  22923,  note  to  sec.  747 727 

INSANE  PERSONS— 

asylum  tor — See  Insane  Asylum. 

incurably    insane,    where   kept 727 

Health  Com'r  to  make  rule  for  incurable  insane 727 

f  7''7 

indigent  insane,  how  and  when  admitted  to  asvlum '  „"„ 

(  728 

applications  for  admission  to  asylum 727 

applications  passed  on  by  Board  of  Health 728 

r  728 

non-resident,   exclusion   from  asylum   and   exception '„„ 

record    of,    at    asylum 728 

from  hospitals  or  poor-house 728 

duty  of  dispensary  physicians  as  to  insane 728 

when,  to  be  taken  into  custody  by  police 728 

regulation  when,  taken  by  police,  disposition 728 

to  be  delivered  by  police  to  city  hospital 729 

conveying  by  police  to  city  hospital 729 

at  city  hospital  for  temporary  insanity,  or  observation 729 

at  city  hospital,  duty  of  Superintenaeni 729 

commission   to   examine   doubtful    cases 729 

disposition  of  doubtful  cases  by  Health  Commissioner 729 

non-resident,  how  disposed  of,  when  arrested  by  police 729 

first  examined  and  certified  as  insane,  by  physician 730 

indigent,  admitted,  or  if  require  restraint   admitted 730 

removal   of,   when   restored,   or  cured 730 

re-admission  of  removed  or  discharged,  relapsing 730 

in   the  jail,   provisions   concerning 730 

penalty  for  bringing,  into  city,  when  paupers 750 

INSPECTION— 

of  buildings — See  Buihlinfis;  Com.missioner  of  Piihlic  Bnildings. 

of  factories — See  Factory  Inspection. 

of  weights  and  measures — See  Inspector  of  Weifihis  and  Meas- 
ures: Weiphts  atid  Measures. 

of  gas — See  Gas. 

of  milk— See  MIR-. 

of  cows,  and  dairies — See  Dairies  and  Cow-Stables;  Veterinary 
Surgeons. 

of  meat,  fish,  vegetables,  fruit,  poultry,  etc 686 

of  excavations   in   highways,   streets,  alleys,   etc 763 

by  Supervisor  of  City  Lighting — See  Supervisor  of  City  Lighting. 

by  Smoke  Inspectors — See  Smoke. 

of  plumbing,   drainlaying,  etc 927 

of  sewers  and   construction 1058 

f      T,-  ,  '  935 

of  vehicles    '  ■ "  i  94' 

of  reports  of  street  railways 1049 

of  boilers  and  elevators — See  Boilers  (Steam)  and  Elevators. 
of  lumber — See  Lumber. 


SEC. 

730 
731 
732 
733 

747 
748 


748 
749 
750 
755 
751 
752 
753 
762 
754 
755 
756 
757 
758 
759 
759 
760 
761 
701 
761 
762 
763 
764 
765 
766 
768 
869 


536 
to 

541 
926 


1793 
2303 
1810 
1834 
I  2260 
I  22G1 


554 

32-34 

555 

37 

561 

58 

INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1231 

f  Index  to  Charter  and  Xotes,  pp.  463-542. 

i  Index  to  Scheme,  pp.  279-286. 

[  Index  to  State  Laws  for  &7.  Coin's, pp. 225-256. 

INSPECTORS—  PA.iK.        .sKc. 

See  under  names  of  chief  officer. 

in  Building  Coniniissioner's  office 

at   request   of  Fire   Prevention    Bureau 

of  Fire  Prevention  Bureau  to  l)e  member  of  Board  of  Appeals... 

of  factory^ — See  Factory  Inspector. 

of    weights    and    measures  —  See    Inspector    of    Weiffhts    and 

Measures. 
of  milk— See  Milk. 

C  535 

of  meat,  flsh,  vegetables  and    fruit 086      \     to 

I  540 
in   office   Supervisor   of   City    Lighting— See   Supervisor  of   City 

Lighting. 
and  -Measurer  of  Lumber — See  Lumber. 

of  boilers  and  elevators — See  Inspector  of  Boilers  and  Elevators. 
smolie — See  Smoke. 
of  plumbing — See  Plumbers. 

of  vehicles,   in  general,  duties,   powers 935         1810 

of  vehicles,  duties  now  on  License  Collector 942         1834 

of  street    railway   reports 1049         2200 

of  sewer  work 1058         2303 

of  lumber — See  Lumber. 

INSPECTOR  OF  BOILERS  AND  P^LKVATORS— 
See  Boilers  and  Elevators. 

INSPECTOR  OF  WEIGHTS  AND  MEASURES— 
See  M'eifjhts  and  Measures. 

to  Inspect  charcoal  measures 634  332 

not  to  gauge  or  stamp  packages  of  fruit  or  berries  sold 857  1440 

duties  and  powers  of,  enumerated  in  general 1114  2531 

what  reports  of.  to  contain 1114  2531 

to  make  requisition  for  articles  to  Supply  Commissioner 1114  2534 

to  seize  false  measures,  etc 1115  2536 

to  deem  what  as  yardsticks,  etc.,  exact  fees 1115  2537 

rlllS  2538 

fees  to  be  charged  by -,  to  to 

(  11  li;  2540 

penalty  altering  weights,  etc.,    or  using    unstamped,  etc 1115  2538 

fees  of,  for  subsequent  inspections 1110  2539 

fees  of,  hay  and  coal  scales 1116  2540 

failure  to  deliver  proper  certificate  by,  to  be  suspended 1116  2541 

bond  of   1116  2542 

'assistants  and   clerks   of,   appointment,   salaries,   duties 1116  2543 

salary  of  1117  2544 

horses  and  vehicles  to  be  furnished 1117  2545 

to  inspect  scales,  etc.,  of  dairymen,  hawkers,  peddlers,  junk  or 

rag  dealers  having  no  place  of  business 1117  2546 

not  to  stamp  standard  bushel   box 1117  2547 

public  scales — See  Weighing  Scales:  Weighers. 

private  scales — See  Weighing  Scales:  Wriqh'is. 

to  test  portable  scales  every  six  months. .  '  'i'^  2588 

INSfRANCE— 

company  or  agent,  requires  license,  what Hi-I  2137 

company,  defined   1022  2141 

iloing  business  without  license,  penalty 1022  2144 

foreign  insurance  companies,  license 1053  2280 

foreign,   failure  to  pay  license,  misdemeanor 1053  22Sn 

companies  for  steam  boilers,  regulations lf*"'9 


n'>i 


INTELLIGENCE  OFFICES— 

deflne<l     "'^I         2179 


1232 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


•  ludex  to  Charter  and  Xote/i,  pp.  463-542. 
Index  to  Srheme,  pp.  279-286. 
Index  to  State  Laus  for  St.  Loifis. pp. 225-256. 


INTELLIGENCE  OFFICES— Continued.  page.        sec. 

license,  tiow  obtained,  applications  for.  to  be  posted  up 1031         21S0 

deception  by  keepers  of.   penalties,   misdemeanor 1031         2181 

revocation  of  license  of,  by  Mayor 1031         2182 

penalty  doing  business  without  license 1032         2183 

INTERMENTS— 

See  Burials. 

INTERPRETATION  OF  ORDINANCES— See  Ordinances. 

INTOXICATION— 

forbidden  at  markets 860        1460 

in  any  public  place  or  highway,  misdemeanor 870         1515 

power  of  city  to  punish,  etc — See  note  to  Sec.  1515 870 

cause    for   discharge    of    workhouse   guards,    etc 923         1768 

INTOXICATING  LIQUORS— 
See.  in  general.  Dramshops. 

not   to  be  sold   at   market-places 859         1456 

women   carrying   or   selling   beer,   etc.,    in    improper   places — See 
Misdemeanors. 

canning  beer,  or  drinking  liquor  on  streets 877         1538 

selling  of,  to  intoxicated  person,  misdemeanor 878         1539 

defined  1028         2160 

at  weighing  scales,  misdemeanor 1126         2575 

J 

JAIL— 

insane  at,  who  to  have  charge  of 730          768 

medicines  for  insane,  supplied  by  Supply  Commissioner 730          768 

prisoners  at,  custody,  etc. — See  Jailer. 

location  of,  at  Four  Courts 917         1740 

children   in,   how   confined 917         1741 

supplies  for,  weighed  on  City  Hall  scales 1119         2553 

JAILER— 

.    ,    ,   ,      „  f    868         1509 

appointed  by  Mayor <     g^g        ^-gg 

office   created,   qualifications   of 910         1732 

control   of  jail,   deputy,  guards,  make  rules,  etc 916         1733 

requisitions  for  supplies 916         1734 

location   of   quarters,   and   hours   of 916         1735 

rules    for   confinement    of   prisoners 916         1735 

bond  and  compensation 917         1736 

*  deputy,  guards,  cooks,  compensation,  discharge 917         1737  • 

duties  of,  custody  prisoners,  funds,  etc 917         1739 

JOISTS— 

See  Buildings. 

JUDICIAL  DISTRICTS— 

boundaries  of 815         1261 

Police  Courts  in — See  Police  Courts. 

JUNK-DEALERS  AND  JUNK-SHOPS— 

regulations  concerning  889         1605 

not  to  sell  to  minors,  when 890         1605 

license  for,  requisites 890         1605 

violation  of  section,  misdemeanor 890        1605 

license,  how  applied  for 1053         2281 

license  collector  to  make  inquiries  before  licensing 1053         2282 

petition  of  block  residents,  when 1054         2283 

dealers  without  regular  place  of  business,  how  and  where  meas- 
ures, scales,  etc.,  tested,  failure  misdemeanor 1117         2546 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1233 

{Index  to  Charter  and  Xotes,  pp.  4G3-542. 
Index  to  .Sc/ieme,  pp.  279-286. 
Index  to  State  Laws  for  8t. Louis. itp.22o-25C. 

JIRISDICTION—  P.VUK.        .sKC. 

of  PolU-e  Courts — See  Police  Courts. 

JIRISDICTION  OVER  MISSISSIPPI— 

references  concerning — See  note  to  Sec.  345 63G 

JURY  COMMISSIONER— 

salary,  duties,  location  of  office,  sup|)lies  for  deputies,  etc 

decisions  and  references  to  Statutes — See  note  to  Sec.  1334 

JfRV  AND  JLRORS— 

In  Police  Courts — See  Police  Courts. 

pay  of  grand  and  petit  jurors 

pay  of  jurors — See  note  to  Sec.  1335. . ; 


S34 

1334 

834 

834 

1335 

835 

815 

12G2 

831 

1318 

832 

1324 

832 

1325 

832 

132G 

833 

1327 

833 

1328 

832 

833 

1331 

Jl'STICES  OF  THE  PEACE— 

when    may   act    temporarily   for   Police   .lustice 

to  be  appointed  as  Police  .lustice  for  Court  South  of  Arsenal  street 

suitable  offices  to  be  provided  for.  and  how 

City  Counselor  to  prescribe  form,  etc.,  of  record  books,  blanks,  etc. 

requisitions  for  supplies  for 

Inspection  of  books  of.  and  Constables 

payment  of  office  expenses  of 

governed  by  State  Statutes — See  note  to  heading  of  Chap.   13, 

Art.  3  

process  of,  to  be  executed  by  Marshal 

jrVENILE  COURT— 

creation  of.  and  acts  concerning — See  note  to  heading  of  Chap.  13, 

Art.  S  835 

building  for.  detention  of  Juveniles.  Superintendent,  Matron,  du- 
ties, salary,  bond,  renuisitlons.  etc. — See  Appendix,  Ord.  22540     1148 

K 

KEVES  ORDINANCE— 

comprises  Sees.  1095-1117 — See  note  to  Sec.  1095 779 

KITE-FLVING— 

when   misdemeanor   882         15G2 

KNICKLES— See  Brass-knuckles. 

L 

LABORATORY— 

of  City  Bacteriologist  G68  4CG 

See  Snodgrass  Laboratory,  etc. 

LABOR— 

hours  for  In  city  contracts — See  Dav  Laborers:  Contract. 

what  shall  be  day's — See  Day. 

patients  at  city  hospitals,  when  may  be  required  to 723  71G 

LABORERS— 

See  Day  Laborers. 

L.VMI'S — See  Lights:  Danger  Signals. 

LANDINGS  AND  LANDING  PLACES— 
See  Boats:  Wharf;  Ferries. 

LARCENY— See  Misdemeanors. 

LATHING — 

See  Buildings. 

LAW  DEPARTMENT— 
See  City  Counselor. 

service  of  process   for,   by   Marshal 833         1331 

creation  of   838         1348 

for  all  officers  In,  and  provisions  concerning  them,  see  City  Coun- 
selor. 


1234  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

(ludex  to  Charter  and  Notes,  pp.  463-542. 
Index  to  Scheme,  pp.  279-286. 
Index  to  State  Laws  for  St.  Loins,  pp.  225-256. 

LEAVE  OP  ABSENCE —  page.       sec. 

See  Absence;  Mayor. 

LEASE— 

of  wharf — See  Wharf. 

of  market-stands,  etc. — See  Markets. 

of  realty  by  Mullanphy  Emigrant  Relief  Fund 905         1671 

(    997  ''O'^o 

of  buildings  in  parks,  when  and  how '      '  ^.„ 

LEGAL  MATTERS— 

See  City  Counselor ;  City  Attorney;  Actions. 

LETTINGS— 

See  Leases;  Advertisements ;  Public  Work. 

LEVEE— 

See  Wharf. 

additional  help  to  keep  clean 657  411 

LEWDNESS— 

See  Misdemeanors. 

LIBRARY— See  Pu1)Uc  Library. 

LICENSE  PLATES— 
See  Licenses. 

LICENSES— 

blank,  and  blank  forms  issued  by  Register 1006  2063 

for  new  theatre  buildings 607  210 

same;    revo.cation  of ,   607  210 

f    607  211 

running  theatre  without \  1051  2271 

I  1054  2285 

on  boat,  failure  to  pay,  penalty 650  377 

for  wharfboat,  how  obtained 652  384 

for  ferries — See  Ferries. 

for  milk  and  cream  selling,  etc. — See  Milk. 

for  hauling  garbage — See  Garbage. 

not  to  issue  to  oil-using  wagons,  etc.,  when 810  1233 

sale  or  offer  to  sell  at  market-stands,  without 857  1441 

for  meat-shops — See  Meat-Shojis. 

for  musical  instruments  on  streets,  prohibited 879  1547 

forfeiture  of  automobile — See  Automobiles. 

f    887  1592 

for  billposters  and  billboards \  1051  2270 

I  1052  2274 

I    887  1593 

I     887  1594 

for  shows  and  exhibitions  of  any  kind,  or  roundabouts,  etc ■[     890  1606 

I  1051  2270 

\  1052  2274 

revocation  of  license  for  shows ._ 888  1596 

for  junk-dealers  and  junk-shops 889  1605 

for  vehicles  of  junk-dealers 890  1605 

misdemeanors  connected  with — See  Misdemeanors. 
for  dogs — See  Doris. 

for  private  watchmen  93  2  1714 

for  plumbers,  etc. — See  Appendix,  Ord.  2o0U7 1150-1153 

for  public  porters 932  1805 

for  all  kinds  of  vehicles,  public  and  private,  and  the  rates  thereof      933  1810 

penalties  vehicles  without 935  1810 

for  bicycles,  tricycles,  velocipedes,  and  where  plate  for  put 936  1810 

plates  for.  right  of  city  to  require — See  note  to  Sec.  ISIO 936 

for  automobiles  and  horseless  vehicles — See  Automobiles;  Auto- 

cycles;  RicycJes,  etc. 

not  required  on   vehicles  of  uon-residents 936  1813 


937 

1815 

937 

1S1« 

(  1S17 

938 

to 
(  1820 

939 

1821 

942 

1835 

942 

1836 

943 

1840 

INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1235 

{Index  to  Charter  and  Notes,  pp.  463-542. 
Index  to  Scheme,  pp.  279-286. 
Index  to  Slate  Laics  for  S^^OHts, pp.  225-256. 

LICENSES— Continued.  i-.v(!i-.        skc. 

plates   for.   or   registered    numbers,   to   be   put   on   what    part   of 

vehicle,  etc 93G         1814 

amendments   to  R.   C.   Sees.   814.   SIS.   822.   830— See  Ord.   22899. 

Appendix    1154-1155 

plates,  how  made,  how  furnished 

liicense  Collector  to  register  number,  etc 

bond    for,    conditions,    additional,    and    form    (repealed    bv    Ord. 
22595]    

returns    made   by    vehicle    owners,    powers    of    License    Commis- 
sioner,   penalties    for   false    return 

to  drive  public  vehicle  without  charge,  when 

same:  regulations 

overcharge  of  vehicle,  denial  of  new  license  for  five  years 

examination    by    License   Commissioner   before   .granting   vehicle 

licenses,    when    943         1841 

provisions  concerning  former  License  Commissioner  transferred 

to  License  Collector — See  License  Collector. 
provisions   formerly   in    force   in   connection   with    License   Com- 
missioner— See  License  Commissioner. 
State  enactments  now  in  force  in  lieu  of  ordinances  as  to — See 

note   to  heading  of  Chap.   30 1013 

Board    of    License    Revision,   qualifications,    composition,    duties. 

powers,  etc 1015         2112 

appeals  to  Board,  adjustment,   review  of  returns,  corrections. . .     1015         2112 
hearing    by    Board    of    Revision,    attendance    of    witnesses,    etc., 

quorum,    personal   attendance   of   License   Collector 1016         2112 

correction    of   assessment 1016         2112 

compensation   of  members  Board   License   Revision 1016         2113 

police  to  report  violations.  Collector  to  prosecute 1017         2115 

"license"    and    'iicense-tax"    defined 1018         2123 

auctioneers    must    procure 1020         2127 

amount,  term  and   bond   In  auctioneer's 1020         2128 

fruit  auctioneers    [  }°|J         ^287 

auctioneering  stocks  and  bonds,  etc 1020  2130 

auctioneering   real   estate 1020  2131 

for  horse-markets,  selling   horses  and   vehicles 1021  2133 

horse  auctioneers  obtaining,  to  give  l)ond 1021  2135 

violation    of    auctioneer    article,    penalty 1021  2136 

foreign  and  domestic  Insurance  companies — See  Insurance. 

of   banker,    financial    broker,    insurance   company,    mining   stock 

broker   1021  2137 

same— amount   of    1021  2138 

same — to    be    posted    in    offices 1022  2142 

same — to  whom   not   to  issue 1022  2143 

same — penalty   violating  article 1022  2144 

commission   merchants,  amount  of 1023  2146 

merchandise    brokers,    their   agents    and    assistants 1023  2148 

pennltv    doing    t)uslness    as    commission    merchant    or    merchan- 
dise   broker,    without 1023  2149 

affecting    dramshops,    decisions,    authority    of    Exiiso    Commis- 
sioner, ordinances,  etc. — See  Dramshops 

electric   batteries    require 1029  2166 

for   electric   batteries,   amount 1029  21G7 

for  electric  batteries,  penalty  operating  without 1029  21fiS 

for    fortune-tellers   and    astrologists 1029  2169 

amount    of   license    fortune-tellers   and    astrologists 1029  2171 

same — penalty    operating    without 1030  2172 

for    hotels    and    boarding-houses 1030  2174 

same — duration   of  term — See   Appendix.  Ord.   22573 1158 

penalty   running   hotel   or  boarding-house   without 1030  2175 

for  real  estate  and   house  agents 1030  2176 

for    real    estate   brokers 1031  2177 


1236  IXDEX  TO  REV'ISED  CODE  OR  GENERAL  ORDIXANCES. 

f  Index  to  Charter  and  Notes,  pp.  463-542. 

i  Index  to  Scheme,  pp.  279-286. 

I  Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

LICENSES— Continued.  page.        sec. 

amount   of.   for  real   estate  agents,   brokers,   etc 1031         2178 

penalty  doing  business  in   real   estate,  etc..   without 1031         2178 

same — amendment   by   Ord.    22597,   Appendix 1159 

for    running    intelligence    offices 1031         2179 

same — revocation  of,   for   what  and   how 1031         2182 

penalty  for  violating  article  on  intelligence  offices 1032         2183 

for  intelligence  or  employment  offices,  application  for,  what  nec- 
essary, etc. — See  IntetUgence  Offices. 

of  manufacturers,   amount,    penalty    for   failure,    etc 1032         2185 

of  manufacturers,  not  transferable 1032         2185 

statement   of   sales   bv   manufacturers,    license   when    due,   publi- 
cation           1032         2186 

ad    valorem   tax   on    manufacturers    in    addition 1033         2187 

form    of,    of    manufacturers' 1033         2188 

blanks  in  books  compared   with  stubs,  etc 1033         2189 

bond    for,   by   manufacturers 1033         2190 

of  merchants,   required,   failure  misdemeanor 103c         2195 

of  merchants,  not    assignable    1035         2196 

statement   by   merchant   of   sales,   license   when   paid,   notice   by 

publication     1035         2197 

ad   valorem,   and   additional,   merchants'    tax l'i3G         2198 

merchants'  rate,  time  of  payment 1036         2198 

form   of  merchants'    1036         2199 

to  correspond   with  stubs 1036         2200 

bond   for,   by   merchants 1036         2201 

penalty  If  merchants  fail  to  make  returns  or  pay  license 1037         2203 

for  restaurants  or  ordinaries,  penalties,  etc. — See  Restaurants. 
tor  pawnbrokers,    conditions,    etc. — See    Patcnbrokers. 
for  peddlers  and  hawkers,  penalty  for  failure,  etc. — See  Peddlers 
and    Haickers. 

peddlers  and  hawkers  to  attach  license  plate 1041         2222 

term  of  conditions,  etc.,  of  peddlers  and  hawkers,  etc. — See  Ped- 
dlers and  Hawkers. 
for  railroad  and  steamboat   ticket  brokers — See  Railroad  Ticket 

Brokers. 
for  runners    for    railroads,    steamboats,    hotels,    etc.,    regulations, 

etc. — See  Rtinners. 
for  stock-yards — See  Stock-Yards. 
for  sales-stables — See   Sales-Stables. 

for  horse  and  cattle  dealer — See  Horse  and  Cattle  Dealers. 
on  street  railways  and  street  railway  cars — See  Street  Railway 

Cars. 
for  vault-cleaners — See    Vault-Cleaners. 

for  divers   and    sundry    vocations 1051         2270 

for,   and    definitions   of,    billposter,    engraver,    lithographer,    i)ho-  i  ( 2270 

tographist,  mercantile  agent,  billiard  table,  pool  table,  pistol  ■  1051      -j     to 
gallery,  shooting  gallery,  or  theatre,  show  or  amusement....  J  (  2273 

same — amendment  as  to  period   of   license — See  Appendix,   Ord. 

22576    1162 

same — amount  for  above  sundry  licenses,  respectively 1052         2274 

same — term  of  each  (amended  Ord.  22576,  App. ) 1162 

same  (before  amendment) 1052         2275 

for  above   sundry  vocations,   etc.,   subject   to   ordinances 1052         2276 

for  above,   form   of 1053         2277 

for  above,   when   transferable 1053         2278 

Collector  to  keep  registry   of  transfers  or  assignments  of 1053         2278 

violation   of   article   concerning,    misdemeanor 1053         2279 

foreign  and   domestic  insurance  companies — See  Insurance. 

for  theatres — See  Theatres. 

for  exhibitions  and  shows — See  Exhibitions  or  Shores. 

f  2284 
penalties  for  failure  to  pay  in  general 1054      -,  2235 

when  not  required  for  fair  grounds  booths •, . .     1054         2286 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1237 

(Index-to  Charter  and  Xotes,  pp.  463-542. 
Iiule.\  to  Srin-me,  pp.  279-286. 
Imle.v  to  State  Laics  for  St.  Louis, pp.  225-256. 

LICENSES— Continued.                                                                                        i-vii  •.  skc. 

hearing  of  and  granting  licenses  to  engineers  by  Board  of  Engl-  f  1071  2348 

neers (  IOCS  2332 

licenses  of  engineers,  how  revoked  by  Board l(iG8  2332 

applications   for   renewal   of   revolied   engineers'   licenses 1072  2350 

Comptroller   to  give   Auditor  statement   of.   turned   over   to   Col- 
lector         1I1S8  2423 

water-rates — See  ^\'ater  Hates  and  Licenses. 

(2584 
for  portable  city  scale  weighers,  and   regulations,  penalties,  etc.     112S     J    to 

I  2587 

of  Inspectors  and  measurers  of  lumber,  etc 1129  2592 

LICENSE   COLLECTOR— 

for  licenses  Issued  and  provisions   respecting,  see  Licenses. 
duties  and  powers  of  License  Commissioner  transferred  to — See 

note   to  heading   of   Chap.   30 1013 

not  to  issue  license  for  new   theatre,  unless  what 607  210 

to  receive    fees    for   licensing    milk,   etc 673  493 

to  remove  garbage  or  offal 717  689 

to  keep  metallic  plates  for  garbage  vehicles 718  691 

may  examine  telephone  or  telegraph  officers  as  to  poles  in  use, 

or   housetop    wires,   etc SOI  1190 

may  require  payment  of  deficiency  of  amounts  due  for  poles,  etc.       801  1190 
not  to  issue  license  to  oil-using,  etc..  vehicles  unless  regulations 

observed    810  1233 

provisions    as    to    dog-tax    plates 898  1639 

payment   of  fees  derived   from   impounded   dogs 900  1649 

duties  respecting  license  taxes  for  all   kinds  of  vehicles 933  1810 

appoints    vehicle    inspectors,    salaries,    duties 935  1810 

powers  as  to  returns  for  vehicle  licenses 939  1821 

powers  to  examine  as   to  ownership  of   vehicles 941  1833 

to  i)erforni  duties  of  vehicle   inspectors 942  1834 

to  make  examination  before  granting  license  for  public  convey- 
ances           943  1841 

to  enter  convictions  for  overcharging  in  book 943  1841 

duties  in  connection  with  Board  of  License  Revision 1015  2112 

ordinance  niisdescribing.  as  City  Collector,  is  valid — See  note  to 

Sec.  2104   1014 

to  certify  pay  roll  for  members  Board  License  Revision 1016  2113 

to  prosecute    persons    violating    license    requirements 1017  2115 

employes    of.    appointment,    duties 1018  2119 

r 1032  2186 

duties  and  powers  respecting  manufacturers  and  their  licenses..  \     to  to 

(  1034  2191 

to   prosecute  manufacturers  making  false  statement 1034  2193 

j-  1035  2197 

duties  and  powers  as  to  merchants  and  licenses •!     to  to 

I  1037  2202 

to   prosecute   merchants   making   false   statement 1037  2204 

duties  and  jmwers  as  to  peddlers  and  hawkers — See  Peddlers  and 

Haickers. 
provisions    concerning    railroad    ticket    brokers  —  See    Railroad 

Ticket   Brokers. 
license  to  runners — See  Runners. 
duties  as  to  licenses  on  street  railway  cars — See  Street  RaiJwau 

Cars. 
must   approve  and  countersign  licenses  to  sundry  vocations  or 

transfer  void    1053  2278 

to  keep  register  of  all  licenses  transferred  or  assigned  with  his 

approval    1053  2278 

{1053  2281 

to  to 

1054  2283 

duty   to  collect    penalty   for   failure   to   pay   license 1054  2285 


1238  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

r  Iniifx  to  Charter  and  Notes,  pp   463-542. 

J  Index  to  Scheme,  pp.  279-286. 

(  Index  to  State  Laivs  for  St.  LoHt.s, pp.  225-256. 

LICENSE   COMMISSIONER—  page.        sec. 
now  License   Collector — See   Litense  CoUector. 

formerly   appointed   by   Mayor 868         1509 

office  of.  extinguished  by  State  enactment  and  duties  and  powers 
transferred  to  License  Collector — See  note  and  reference  to 

heading  of   Chap.   30 1013 

office  of,  created   [superseded  section] 1014         2104 

appointment  and  term   [superseded  section] 1014         2105 

all  licenses,  except,  etc.,  issued  by   [superseded  section] 1014         2106 

application   for   license  to    [superseded] 1014         2107 

payment   of  license  prior   to   issuance    [superseded] 1015         2108 

revoking    license    by    [superseded] 1015         2109 

record   and   classification   of    licenses    [superseded] 1015         2110 

duties   of    [superseded] 1015         2111 

superseded    section    transferring    duties    of    former    Collector    to 

former   License    Commissioner lOlG         2114 

to  prosecute  violations 1017         2115 

salary    and    bond    of    [superseded] 1017         2116 

employes,  appointment,  responsibility   [superseded] 1017         2117 

salaries  of  employes  of    |  superseded] 1018         2118 

where   office    located    [superseded] 1018         2122 

when   act   effective    [superseded .  ] 1019         2125 

LICENSE-TAX— 

See   Licenses.  '    ^ 

LIEN— 

See  Special  Tax;  Streets  and  Hiphvays. 

on  property  causing  expense  to  city  by  violating  building  laws..  Cll           219 

f     711  655 

on  property    for    expense    abating    nuisance.. ,'     l,r  ".„ 

on  property  for  repairing  sidewalk 759          905 

on  property  for  sprinkling   tax 772         1080 

of   Collector's  bond 1055         2289 

LIGHTING  OF   STREETS,   PUBLIC   PLACES  AND   PUBLIC 

BUILDINGS— 
See  Supervisor  of  Public  Lighting. 

duty  of  Supervisor  of  Public  Lighting 791         1141 

apparatus  for,  controlled  by  Supervisor  of  Public  Lighting 791         1142 

Street    Commissioner    has    charge    of    lighting    and    cleaning    of 

public    lamps    975         1945 

interference    with,    in    any    way,    or    employes    attending    to.    is 

misdemeanor   793         1153 

injuring    or    interfering   with    any    apparatus   or    appliance    for, 

misdemeanor   811         1236 

Board  Public  Improvements  to  light  designated  streets  and  public 

places 794         1156 

hours  of  lighting  streets,  contract  cost  of  additional  lighting. . .  794         1157 

district  for  lighting  streets  by  electric  lamps,  etc 794         1158 

character  of  light  in  district,  units  of  measurements,  definition 

of  terms  used    795         1159 

contracts  for  arc  or  incandescent,  and  refractory  mantle  lamps 

to  be  separate,  terms,  bonds 795         1160 

payment   of    cost    of,    how 795         1161 

contract  for,   what  conditions  and   rights  allowed 795  ■      1162 

contractor  for,  right  to  supply  power  to  private  persons 795         1162 

contractor  for,  right  to  construct  overhead  wires,  conduits,  etc.  796         1162 

lighting  of  southernmost  portion  of  city,  what  lighting 796         1163 

same — contract   to   contain   certain    provisions 796        1166 

same — what  contract  to  contain  and  how  let 796        1164 

same — lighting   South   St.   Louis,   hours   i)rovided 796         1164 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1239 

{Index  to  Charter  and  \otes,  pp.  463-542. 
Index  to  Scheme,  pp.  279-2SG. 
Index  to  State  Latcs  for  HI.  Louis,  pp.  225-258. 

LIGHTING     OF     STREETS,     PUBLIC     PLACES     AND     PUBLIC 

BUILDINGS— Continued.  pack.        skc. 

same — contract,   how   awarded,   deposit,   bond 79C  1165 

same — cost,  how  paid 797  i]C7 

same — on  termination  before  lapse  of  time,  to  be  re-let,  etc....       797  1108 

muDlrlpal  plant  for 797  neg 

fund  for  municipal  plant  for 797  1170 

ordinance    in    lieu    of    Sees.    1171-1176    of    R.    C.    and    covering 

same  matter— See  Ord.   22878   in  Appendix 1147 

£'      j     what    public   buildinKS  to  be  lighted 797  1171 

_,fS         Board   Public   Improvements  to  light  city  buildings 797  1171 

®?5    I     contracts   for  lighting  public  buildings,   duration,   terras..        7!'8  1172 

"^^    I     separate  contracts  for  each  district  for  lighting  buildings       798  1173 

£-a    I     unit   of   measurement   lighting   buildings 798  1174 

£_o    I     bonds  for  contracts  to  light  buildings 798  1175 

3       I     cost  of  lighting  i)ublic  buildings,   from  what  fund 798  1176 

municipal  lighting  plant  to  light  City  Halls.  Four  Courts,  Jail,  etc.       798  1177 

municipal   lighting   plant    for   Insane   Asylum,   Female   Hospital, 

Poor-House,    etc 799  1178 

Board    Public    Improvements    let    contract    for    power    to    light 

public  buildings— See  Appendix   Ord.   22S7S 1147 

Board  Public  Improvements  to  prepare  ordinances  for 968  1913 

LIGHTS— 

See   Keel  Light;  Danger  Signals. 

electric  and  gas  in  theatres 601  197 

In  stables,  regulations 612  225 

to  be  kept  burning  in  markets 858  1445 

f    881  1556 

on   automobiles    <    goo  igoo 

amendment  to  R.  C,  sec.  1822,  by  ord.  22673,  in  appendix 1150 

on  streetcars   951  1864 

and  lanterns  on  streets,  permission  of  B.  P.  1 973  1933 

LIQUOR— 

See  Intoxicating   Liquors. 

LITHOGRAPHERS— 

( 1051  2270 

provisions  and  regulations  as  to  (icenaes \     to  to 

(  1054  2285 

definition 1051  2271 

LIVERY   STABLE— 

lights  in.  regulated 612  225 

...                                                        I     C90  571 

water  closets,   vaults   and   privies   in ^    gg ^  g^c 

not  be  opened  or  operated  without  obtaining  ordinance i    ^q-  „„» 

decisions  concerning — See  note   to   Sec.   625 704 

not  Included  when.  In  article  on  Sales-Stables,  etc 1047  2256 

LOADS— 

See  Buildings. 

to  be  carried  by  soil  in  buildings 568  75 

definition  of  live  and  dead 592  173 

how  distributed   on   fioors  and   roofs 592    173-174 

in    different    kinds    of    buildings 592  173 

on    columns 593  178 

on    girders 59;'.  179 

on    lieams ['91  180 

factors  of  safety  and  allowable  unit  stresses 594  181 

of  coal,  measuring  and  certificate  for 1120  2558 

f 


1240 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


Index  to  CJiarter  and  Notes,  pp.  463-542. 

Index  .o  Scheme,  pp.  279-286 

Index  to  State  Laws  for  St. Louis, pp.225-256. 


LOANS  BY  THE  CITY—  page.  .sec. 
See  Bonds. 

temporary,    to   provide    for    judgment 10S9  2427 

proceeds    paid    into    treasury 1092  2439 

LOANS  BY  PAWNBROKERS— See  Pawnbrokers. 

LODGING  HOUSE— 

term    defined    in    building   code 562  61 

term  defined  in  nuisance  article 700  629 

when   must   be   first   class   building 563  63 

area  load  permitted  in  construction 568  75 

thickness    of    walls    in /    ^"'*  ^03 

\    574  104 

partition  walls  in ■!  ^J?  ^21 

I    575  108 

fire-stops  in  walls  of 575  io9 

how  plastered   576  ill 

stairways    in 582  137 

(  583  138 

fire   escapes  in J  596  189 

I    597  190 

gas  fixtures   in 590  162 

watchmen  to  guard  against  fires  id 597  191 

alarm  bell  in 597  191 

keeper,    proprietor,    lessee,    etc.,    failing    to    observe    fire-escape 

laws,    etc 598  193 

height   of   rooms,   ventilating,   windows,   etc.,   in 598  194 

when  considered  nuisance,  how  maintained 701  612 

conditions  of  construction   of 702  613 

to    provide    garbage    box 717  687 

removal   of   persons  having  contagious   diseases 73.')  801 

water-rates  in 1103  2487 

defined   in   water-license   article 1105  2490 

LOTTERIES— 

establishing,  aiding  establishing  or  advertising,  misdemeanor...  875  1533 

decisions  on.     See  note  to  sec.  1533 875 

selling   or   keeping,   etc.,   tickets   for,   prohibited S7G  1534 

letting  of  premises  for,  misdemeanor 876  1535 

LUMBER— 

Inspector  and  Measurer  of,  appointed  by  Mayor I  .^,„  ,.„j^ 

appointment  of  Inspectors  on  recommendation  of  St.  L.  Hardw. 

and    Lumb.    Mnf rer's    Exch 1129  2591 

licenses  and  bonds  of  Inspectors  of 1129  2592 

inspection   and   measuring  of 1129  2593 

revocation  of  license  of 1129  2594 

articles    subject    to    inspection    where    landed 1130  2595 

certificate   of   measurement    for 1130  2596 

Inspectors  not  to  buy,  sell  or  be  interested  in 1130  2597 

fees  of  Inspectors 1130  2598 

penalty  acting  without  license  or  violating  article  on 1130  2599 

LYING-IN  INSTITUTIONS— 
See  Midwives;  Hospitals. 

new  ordinance  regulating.     See  ord.  22998  appendix 1142 

IVL 

MADISON  COUNTY  FERRY  CO.— 
See  Ferries. 

MANHOLES— 

connected  with  electric  wires  or  conduits,  etc.     See  note  to  sec. 

1093 778 

i 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1241 

(•  Inili'x  to  Charter  antl  \otea,  pp.  463-542. 

}  Index  to  Scheme,  pp.  279-286. 

(  Index  to  State  Laws  for  St. Louis, pp. 225-256. 


.MANHOLES— Continued.  park.  skc. 

I    7S1  1099 

same    J    781  1100 

i    783  1105 

decisions  on  nianiioles  for  wires,  etc.;   note  to  sec.  1105 784 

for   electric   contrivance,    penalty    for   removing   cover 789  1133 

registry  of  persons  authorized  to  remove  covers,  etc 790  1134 

to   be  guarded    how,   electric   companies 790  1135 

revocation  of  permit  to  work  at,  etc 790  1136 

cancellation  of  certificate 790  li:;7 

.MANrFACTURERS— 

defined     1032  2184 

license   required,   amount 1032  2185 

violation  of  article  concerning,  misdemeanor 1032  2185 

statement  of  sales  of  licenses  when  payable 1032  2186 

ad    valorem    tax    levied 1033  2187 

form  of  licenses  to 1033  2188 

blanks,    compared    with    stubs,    etc 1033  2189 

bond    of.    conditions,    forfeiture,    sale,    etc 1033  2190 

account    of    sales    open    to    license    collector 1034  2191 

Mayor,  Comptroller  and  Municipal  Assembly  may  inspect  returns, 

etc 1034  2191 

penalty  of,  for  (allure  to  make  statement 1034  2192 

MANIFACTURING  BUILDINGS— 
See  Buildiuos;  Factory. 

MARKET-HOL'SES— 
See  Harketa. 

.MARKETS— 

decisions  and   references  of  the   powers   of  the  city   concerning. 

See  note  to  heading  of  Chap.  16 851 

location    of    City    Market 852  1415 

location    of    Union    Market 852  1416 

location  of  Soulard  Market 852  1417 

location    of    South    .Market 852  1418 

Comptroller  to  locate  wagon  or  market  stands 852  1419 

stands  for,  regulations,  sidewalks 853  1420 

Inner  portions,  how  used,  butcher  stalls 853  1421 

wagons,  spaces  between 853  1422 

stands  for  sale  of  coal.  wood.  corn,  hay,  oats,  straw 853  1423 

space   reserved   for   farmers"   wagons   at 853  1424 

stalls  at,  not  to  be  occupied  without  permit  from  Comptroller  or 

market    master 854  1425 

stalls  not  to  be  transferred  without  Comptroller's  permit 854  1425 

time  of  leasing  or  letting  stalls  at,  by  Comptroller 854  1426 

conditions  of  letting  or  renting  stalls  at 854  1427 

rent  of  s|)ace  at,  how  paid  to  Comptroller,  forfeiture,  etc 854  1428 

vacant  stalls  at,  how  rented 855  1429 

farmers  not  to  be  required  to  pay  fees 855  1429 

leases  subject  to  cancellation  by  city  on  notice 855  1430 

leased   for  stalls,   when   security    required 855  1431 

contract  for  stall  or  stand.  Comptroller  may  cancel S55  1432 

when  Comptroller  may  vacate  and  abolish  stall  or  stand  at 855  1433 

(  854  1428 

...  J     ....       ..  859  1453 

stall    and    stands    forfeited    when <  gg^  ■^^^^ 

[  860  1466 
Market-masters  of — See   Market   Master. 

f  856  1437 

cleaning  of.  and  of  market-houses \  856  1438 

I  858  1447 
weighing  at — See  Market  Master. 


1242 


IDEX  TO   REVISED  CODE  OR  GENERAL  ORDIXANX'ES. 


Index  to  Charter  and  Notes,  pp.  463-542. 

Index  to  Scheme,  pp.  279-286. 

Index  to  State  Laws  for  St.  Louts.pp.  225-256. 


MARKETS— Continued  paok. 

hours   for   keeping   open,   and    days 858 

lights    to    be    Icept    burning    in 858 

time   of   closing,    how   announced 858 

duties  of  lessees  of  stalls,   on  closing 858 

butchers  to  clean  up  on  closing  stalls  at 858 

butchers  to  paint  stalls 860 

to    be    supplied    with    hydrants 858 

sales  at,  must  be  during  hours 858 

(    858 

regulations  for  sale  of  meat,  fresh  or  salted I    ggo 

stalls  outside  of,  may  sell  what 859 

sales  outside  of,  not  affected  by  sections 859 

sale  of  diseased  live  animals  at,  for  food 859 

sale  of  dead  animals,  when  forbidden  for  food — See  Dead  Animals. 
sale  of  unsound  meats,  etc.,  prohibited — See  Meat. 

penalty  for  sale  by  lessee  of  unsound  food 859 

animals  not  to  be  driven  into,  or  slaughtered  at,  market  places..  859 

nauseous  or  filthy  substances  not  to  be  thrown  about 859 

vehicles    to   be    removed    from,    when 859 

refreshments,  but  not  intoxicating  liquors,  may  be  sold  at 859 

butchers  to  paint  stalls  as  directed  by  Comptroller 860 

fires    in,    prohibited    without    permission 860 

idling  or  lounging  about,  forbidden 860 

intoxicated  persons  not  to  appear   in 860 

dogs   and    dangerous   animals   to   be   kept   from 800 

large  animals  to  be  sold  in,  where 860 

butter,    lard    and    honey,    how    sold SOO 

what    constitutes    an    exposure    for    sale    in 860 

(    860 

grounds    for    forfeiture    of    stalls ]    860 

I    S59 

application   of   article   on SCI 

sales  grocers,  hucksters,  farmers,  gardeners,  etc.;    further   regu- 
lations      861 

shanties,  or  independent  structures  at,  Comptroller  to  forbid....  861 

what   structures   prohibited   at 861 

Comptroller  to  exercise  general  supervision  over  what  market  mat-  i    861 

ters,  stalls,  rents,  wagons,  business,  etc (    861 

new  rules  and  regulations  to  be  painted  and  posted 861 

meat  shops  at — See  Meat  Shops,  r'- 
public  horse — See  Horses. 


SEC. 

1444 
1445 
1446 
1447 
1447 
1457 
1448 
1448 
1449 
1450 
1450 
1451 
1452 


1453 
1454 
1454 
1455 
1456 
1457 
1458 
1459 
1460 
1461 
1462 
1463 
1464 
1465 
1466 
1453 
1467 

1468 
1469 
1470 
1470 
1471 
1472 


MARKET  MASTERS— 

to  cause  arrest  of  persons  injuring  or  stealing  certain  property..  647  366 

to   enforce   provision   reserving   space   between   vehicles   and   for 

farmers'    wagons 853  1424 

permits    from 854  1425 

•    .  J  ,,     .u     ,1                                                                                          '855  1434 

appointed  by  the  Mayor ■,  ggg  ^^Qg 

salaries,    subordinates,    bonds 855  1434 

duties  of  in  general 856  1435 

have    powers   to   enforce   all   ordinances,    rules,   etc.,    in    market 

matters    836  1436 

under  duty  to  enforce  all  market  regulations 861  1471 

superintendent  cleaning  of  markets,  may  use  city  water 856  1437 

keep    market-houses    and    places    clean,    etc 856  1438 

to   keep   scales   and   do   all   the   weighing 857  1439 

fees    for    weighing,    penalty    for    others    to    weigh 857  1439 

,,,■»♦.,                                                                   /  S57  1440 

seizures   by,   when    permitted <  ggg  j^^^o 

sale  of  berries  and  fruits  excepted 857  1440 

may   remove   what   persons,   shall    be   special    policemen 857  1441 

shall  arrest  what  offenders  violating  chapter 857  1442 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1243 


f  Index  to  Charier  anil  XdIcs,  pp.  46;!-542. 

}  Index  to  Scheme,  ])\t.  279-286. 

(  Index  to  S<afe  Laivs  tor  St. Louis, pii.22o-2o6. 


MARKET  MASTERS— Continued.  paok.        sKr. 

to  keep   lights  biirniiiK 858  1445 

may  direct  wlieie  refreshments  sold  at  markets 859  1456 

flres    without    permission    from,    prohiliited 860  1458 

to   direct   where    large    animals    to    be   sold 860  1462 

of  private  markets  governed   by  article  on  markets 861  1467 

to  post  printed  rules  and  regulations,  when 861  1471 

of  Soulard  and  South  Markets,  to  act  as  weighers 1121  2561 

.MARSHAL,— 

duties  where  wharf  obstructed   by  goods ^,"  .,!!„ 

u4u  6b2 

to  enforce  article  against  importing  paupers  and   insane  poor..  750  870 

sale  by,  of  buildings  on  property  condemned  for  highway 768  931 

(  933 

duties  in  case  of  obstructions  In  highways,  streets,  etc 769      \   934 

(   936 

service  of  summons  to  Police  Court  by,  etc 823  1281 

summoning  jury  in  Police  Court,  when  disqualified 825  128S 

payment  of  witness  fees  by.  in  Police  Court  cases 826  1298 

enforcement  of  Police  Court  executions  by 829  1308 

takes    defendants    to    Work-House,    when 829  1308 

makes  what  records  on  taking  prisoners  to  Work-House 919  1751 

produces  defendant  in  Police  Court,  If  he  appeals  after  commit- 
ment,   how 829  1309 

when   Slate  laws  concerning  Constables  apply  to 830  1314 

to  make  daily  reports  to  Mayor  of  all  fines,  etc.,  and  proceedings 

in    Police    Court 830  1315 

to  make  daily  reports  to  Comptroller  of  fines,  etc 833  1331 

may    inspect    pawnbroker's    register 1040  2213 

to    arrest    hawkers    and    peddlers    without    license,    or    violating 

article          1042  2226 

may    Inspect    register   of   second-hand    dealers 1058  2300 

to  issue  writs  for  Police  Court   South  of  Arsenal 832  1321 

power  and  authority  of,  in  general 833  1329 

bond    of 833  1330 

duties  of.   In   general 833  1331 

to  serve  process  of  Health  Dept..  Law  Dept.,  Mayor,  Justices  of  the 

Peace  and  Police  Justices 833  1331 

deputies  of,  appointment,  powers,  tenure,  etc 833  1332 

salaries  of,  and   deputies 833  1333 

to   bring   in    offenders   at   markets,    when 857  1442 

rights  and  duties  as  to  inpounding  cattle,  hogs,  goats,  etc.,  selling  oo-    f     * 

-"-•    ^"^ ''"    1    1581 

duties  as   to   estrays,   etc 885  1580 

Impounding    of    dogs    by 898  1642 

serves  subpoenas  from  Council  In  trying  officers 910  1700 

serves  process  for   Board   License  Revision 1016  2112 

MAYOR— 

to   assign    offices 548  2 

to  assign  room  to  commissioners  of  charitable  institutions 913  1716 

member   of   board   of   Fine   Arts   Museum 549  6 

when   may   Issue  search   warrant   for  explosives 552  24 

permit  to  discharge   fire-arms   by 612  228 

permit  to  discharge  fire-works,  etc 612  229 

to  order  election  to  fill  vacancy  In  coroner's  office 615  242 

provisions  concerning  burials  and  coroner 616  249 

relations    to    Fire    Department 626  289 

to  approve  claims  for  damages  caused  by  Fire  Dept 629  302 

may  hear  and  decide  appeal  of  Fire  and  Police  Telegraph  men..  630  311 

when   authorized   to  Issue   ferry   license 659  418 


1244 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINAXCES. 


Index  to  Charter  arid  Notes,  pp.  463-542. 

Index  to  Sctieme,  pp.  279-2S6. 

Index  to  State  Laics  for  St.  Louis,  pp.  22o-25G. 

MAYOR— Continued.  page. 

when    may    revoke    ferry    license 659 

shall  be  presiding  officer  of  Board  of  Health 662 

power  of,  in  case  of  epidemics,   proclamation .*     '„„ 

(    abi 

how  dispose  of  non-resident  insane 729 

obstructions   in    streets,    etc.,    proceedings 769 

approve  rules  for  use  of  water-plugs  for  street  sprinkling 770 

when  may  appoint  Justice  of  Peace  as  temporary  Police  Judge. .  S15 

to  designate  location  Second  District  Police  Court 816 

may  take  bail  of  persons  in  Police  Courts,  when 822 

may  stay   Police   Court  executions — See   note   to   sec.   130S S29 

may    remit    fines,    penalties,    stay    execution,    etc '  ,^„. 

(  hbo 

duties    respecting    officing    Justices    of    the    Peace 832 

process  of,  executed  by  Marshal 833 

to  designate  room  in  Court-House  for  Jury  Commissioner 834 

may   require   City   Attorney   to   act,   when 836 

action  by.  necessary  before  employment  of  Special  Counsel  to  rep- 
resent   City 842 

proclamation  notice  for  special  session  of  Mun.  Assem |  „. , 

proclamation    for   special    session    of    Council    to    try    officer....  909 

proclamation  of  election  to  fill  vacancy  in  Mun.  Assem 846 

notice  of  special  election  to  fill  vacancy  in  elective  office 909 

proclamation  of  election   to  fill   vacancy   in  Recorders  office....  1003 
action  of,  on  bills — See  Ordinances. 

may  approve  vacation  of  stalls  or  stands  at   markets 855 

salary    of 865 

no   deduction   from   salary   because   of   absence   of.     See   note   to 

sec,  1487    S65 

Secretary,  Assistant  Secretary,   Stenographer,   Page   and   Janitor 

of, — Tenure,    etc 865 

same — salaries    of    Mayor's    force 865 

to   convene  JIunicipal   Assembly,   organization   of   new   Adminis- 
tration       865 

Municii)al   Assembly  to  determine  who  elected  Mayor,  and   give 

notice    installation 865 

contested  election  of,  in  Circuit  Court — See  note  to  section  1491..  865 

installation    of 865 

J   .•  ,  ,  -  f  S65 

duties   and   powers   of ■  ^g^ 

to  see  that  ordinances  enforced,  may  remit   fines,  penalties  and 

forfeitures,    etc 865 

messages   to   Assembly S66 

absence   or  inability   to  act,   who  acts  for  Mayor,  compensation 

of  Acting  Mayor S66 

,      .        u      *  .  A»  f  869 

removal    of,   who   to   act    as   Mayor •,  (.qq 

general  power  of  supervision  over  city  officials,  adjust  differences 

between    officials 866 

to  enforce  contracts,  cause  legal   proceedings  brought S66 

call   special   sessions  of   Assembly 866 

staying  of  fines  and  executions,  penalties,  etc..  see 860 

may   require   renewal   of   bond   to   city   under   ordinance 867 

same,  of  bond  of  officials 907 

on  being  served   with   process,  to  notify  City  Counselor 867 

power  of,  as  to  nuisances S07 

nuisances — See   Xtiisances. 

power    to    arrest    or    cause    arrest,    when 867 

powers    to    quell    riot,    call    on    citizens 867 

powers   as  to  secret  service,   expense   how   paid 868 

secret  service  fund,   assist   paupers,   etc 868 

to  ai)prove  all   city   bonds,   also  constables'  bonds s  ^Qg 

to   report   violations   of   duty   by   officers   to  Council 868 


SEC. 

420 

437 

633 

1501 

762 

933 

1072 

1262 

1263 

1275 

1497 
1493 
1324 
1331 
1334 
1339 

1374 
1496 
1379 
1095 
1390 
1690 
2050 

1433 

1487 


1488 
1489 

1490 

1491 

1492 
1493 
1495 

1493 
1493 

1494 
1512 
1689 

1495 
1495 
1496 
1497 
1498 
1680 
1499 
1500 

1502 
1503 
1504 
1505 
1506 
167S 
150S 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1245 

{Index  to  Charter  and  Xoles,  pp.  463-542. 
Iiide.x  to  Silienie,  pp.  279-286. 
Index  to  State  Laws  for  S(.  Louts,  pp.  225-256. 

MAYOR— Continued.                                                                                                i-aok.  src. 

to  be  one  of  Board  of  Managers  of  St.  Louis  Industrial  School..       SCO  1510 

charges  against  by  Council,  removal  of,  proceedings,  trial,  etc 869  1512 

election  proclamation  to  fill  vacancy  in  office  of 869  }  ..,.'t 

special  election   for  Mayor,   when 869  1514 

to  grant    permit    for   carrying   concealed    weapons 879  1549 

to  give  consent   to  billboards  on   city   propertv 887  1591 

[■    887  1593 

to  grant    permit    for  anv   show   or   exhibition -j    887  1594 

(     890  1606 

may    revoke    show    or    exhibition    license 888  1596 

relations  and   powers  as  to  Smoke  Department — See  ^moke. 
member    ex-officio    Mnllanphy    Emigrant    Relief    Fund    Board..       902  1657 
when    to   send   to   Council    his   appointment   of   officers   for   con- 
firmation            907  1685 

may  grant  leave  of  absence 90S  1688 

rights  and  duties  as  to  foundlings — See  Foundlings. 

assign  quarters  to  Jailer 916  1735 

may  control  Superintendent  of  Work-House  In  treatment  of  un- 
ruly   prisoners 920  1756 

to  be  notified  of  escaped  Work-House  prisoners 921  1757 

may  hold  or  permit  intercourse  with  Work-House  prisoners. . . .       922  1762 
approval  of.  for  working  Work-House  prisoners  on  public  work..       923  1770 
duties  with   respect   Board  of  Examiners  of  Plumbers.     See  Ap- 
pendix. Ord.  23007 1150-1153 

approval   of  actions  of   Public   Baths   Commission 931  1804 

certificate   to,   of   applicant    for    Porters'    license 932  1805 

to  approve  selection  of  stands  for  vehicles •     '''■'  i^io 

(946  1851 

report  to  condemn  use  of  street  railroad  way  to  use  of  another  (    964  1896 

roni|)any    to    be    given \    964  1 S97 

notice  to  of  surrender  of  franchise  of  street-railway 965  1900 

approval    of    contracts    for    music    in    parks 999  2034 

printing  of  annual  and  other  messages  of 1001  2037 

may  revoke  license  of  intelligence  office  keepers,  when 1031  2182 

may  Inspect  returns  of  manufacturers,  for  license  estimates....     1034  2191 

may   inspect    returns   of   merchants,    for   license   estimates 1037  2202 

may  inspect  pawnbrokers'  register 1040  2213 

when  may  Issue  special  short  license  to  peddlers  or  hawkers....     1043  222S 

may    revoke    ticket    brokers"    license,    when    and    how 1044  2234 

with  State  Auditor  may  require  additional  bond  from  Collector..     1054  2289 

may  order  new  election   if  Collector   falls  to  give   bond 1055  2289 

may    inspect    registry    book    of   second-hand    dealers 1058  2300 

to  approve  formal  contracts  of  Supply  Commissioner {  z^L.^  ;;,i, 

to  countersign    orders  drawn   on    banks   selected    for   deposit   of 

city    funds • lOSO  2390 

duties  as   to   city   bonds — See    Treasury   Department. 

may  agree  with  Commissioner  of  Supplies  not  to  receive  bids  of 

certain   persons 1079  2384 

appoints  annual  committee  to  examine  accounts  of  fiscal  officers  .'  J„?f  7.^.V: 

(  10S.->  2404 

to  certify  claim.  If  Auditor  and  Comptroller  disagree 1086  2410 

to  order  cancellation  of  warrants  five  years  old 1087  2413 

to  take  measures  where  offlcere  owe  money  to  city,  etc 1087  2417 

may    examine    records    of    auditor's    office,    etc 1088  2418 

acts  with  Comptroller  In  protecting  credit  of  city,  and  city's  prop- 
erty, makes  temporary  loan  to  cover  Judgment  not  provided 

for,    etc 1089  2427 

and   Comptroller  may  quit-claim   proiierty   bought   In   by  city  or  ( 1091  2432 

under  Hen  to  city,  on  account  of  special  tax-bills,  when  and  {  1091  2433 


how    '. (  1089 


2427 


1246 


INDEX  TO  REVISKD  CODE  OR  GENERAL  ORDINANCES. 


r  Index  to  Charter  and  Xote.s.  pp.  463-342. 

i  Index  to  Scheme,  pp.  279-286. 

(  Index  to  State  Laics  for  St.  Louis,  pp.  225-256. 


MAYOR— Continued.  vkqk. 

books  of  Treasurer  open  to  inspection  of 1092 

with  Treasurer  and  Comptroller  to  select  banks  for  depositing  city 

funds,    regulations 1092 

to  approve  rules  made  by  Treasurer 1095 

to  prescribe  seal  for  weights  and  measures 1114 

revocation  of  license  of  lumber-inspectors,  etc 1129 


to  appoint  the  folloicing  under  ordinance  provisions: 

Commissioner  of  Public  Buildings 

members  of  Board  of  Appeals 

city  surveyors 

factory  inspector    

certain    members    of    Board    of    Health 

City  Bacteriologist    

City   Chemist 


superintendents  of  City  Hospital,  Insane  Asylum.  Female  Hos- 
pital, Quarantine 

Superintendent   of   Poor-House 

City    Forester 

Police   Justices    and    clerks 

Police  Justice  of  Police  Court  South  of  Arsenal  street  and 

Asst.    Atty 

clerk  of   Justice   South   of  Arsenal   street 

attorney   for   Police   Court    South   of   Arsenal   street 

City  Attorney 

Assistant  City  Attorneys 

Associate  City  Attorney    

City  Counselor  


Associate  City  Counselor 


Second  Associate  City  Counselor. 


Assistant  City  Counselor   .>. .. 

Market-Masters    " 

Street  Commissioner   

Sewer  Commissioner   

Water  Commissioner   

Harbor   and   Wharf   Commissioner. 

Park   Commissioner 

Gas   Commissioner    

License    Commissioner    

Health    Commissioner    

Commissioner  of  Supplies    


Commissioners   of   Charitable   Institutions 

Superintendent  of  Work-House    

Superintendent  of  House  of  Refuge  or  St.  L.  Indust.  School . 

Superintendent  of  Fire  and  Police  Telegraph 

Assessor  and  Collector  Water  Rates 

Jailor  

DisI  rict  Assessors  

Chief  Fire  Department 

Milk  Inspector  

Weigher  of  Scales  


549 
868 
561 
613 
869 
622 
662 
868 
667 
669 
868 
723 
868 
732 
868 
812 
819 
868 
831 
868 
831 
831 
868 
835 
868 
837 
868 
838 
868 
839 
868 
839 
868 
855 
868 
868 
868 
868 
S68 
868 
868 
863 
86J! 

1077 
868 
915 
868 
868 
868 
868 
868 
868 
86S 
868 
868 

1119 


.SEC. 

2439 

2439 
2444 
2531 
2594 


8 

1509 

58 

235 
1511 

276 

437 
1509 

465 

476 
1509 

717 
1509 

777 
1509 
1248 
1268 
1509 
1318 
1509 
1319 
1320 
1509 
1337 
1509 
1344 
1509 
1351 
1509 
1354 
1509 
1356 
1509 
1434 
1509 
1509 
1 509 
1509 
1509 
1509 
1509 
1509 
1509 
2366 
1509 
1726 
1509 
1509 
1 509 
1509 
1509 
1.509 
1509 
1509 
'  509 
2555 


INinox  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1247 


f  Index  to  Charier  anil  S'otes,  pp.  leii-'iJJ. 

J  Inde.\  to  Scheme,  pp.  279-286. 

I  Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

MAYOR— (/('«/>/><>/«/.  continued.)  i-mii:.        sk  . 

Inspector  and  Measurer  ot  Lumber  and  Deputies 868         1509 

Inspectors  of  Boilers  and  Elevators /  ,^^f.        ''iT:! 

I  lObt)  2.j23 

Members  Hoard  Engineers  ; \  ^nt^•        •! •'9'* 

Market  Masters    868         1509 

Hoard  of  .Managers  St.  Louis  Industrial  Scliool 809         l.jin 

Snioko    lnspt>ctor   and   Deputies S9I          lliL'2 

officers  to  fill  place  of  suspended  elective  officer 909        1693 

officers  to  fill   place  of  removed  appointive  officer 91(1          ITii:! 

Board  Examiners  of  Plumbers,  see  Appendix,  ord.  23007. .  1 150-1153 

Public  Halbs  ronimission   9:{1          i,so3 

same — I^ublic  Recreation  Commission,  ord.  22869,  Appendix.  1153 

Lumber,   measures,   when 1129         2591 

[For  officers  appointed  by  Mayor  under  Charier  provisions,  see 
Index  to  Charter  under  "Appointments,"  p.  465,  or  ".Mayor," 
p.  503.] 

(For  officers  appointed  by  Mayor  under  Slate  laws — see  Index 
to  State  Laws  for  St.  'Louis,  under  "Mayor,"  p.  243-244.] 


to  approve  appointnient  of  the  foUowing: 

deputies,  assistants  and  clerks,  before  qualified 

of  certain  employes  ot  Huilding  Commissioner / 

Deputy  Building  Commissioner   

Chief  and   Assistant   Clerk  and   Permit   Clerk   of   Building 

Conmiissioner   

Chief  Inspector  of  Big.  Com'r 

other  Inspectors  in  office  of  Huilding  Com'r 

Examiner  of  Plans.  Record  Clerk,  Stenographer 

.Architectural   Draughtsman    

additional  employes  of  Building  Commissioner 

Inspector  requested  of  Fire  Prevention  Bureau 

Constable  to  Coroner 

porter  to  Coroner 

stenographer   to   Coroner 

Superintendent    of    Morgue 

assistant  and  porter  to  Superintendent  of  Morgue 

of    factory    inspector's    employes 

of   assistants   and   employes   of   b'lre   and   Police   Telegraph 

Dept 

of  inspectors  of  meat,  vegetables,  fish,  fruit,  etc 

of  employes  in  Street  Sprinkling  Division 

of  Supervisor  of  City   Lighting 

of  subordinates  In  Garbage  Division  of  Street  Department. . .  f 

of  subordinates  in  City  Forestry-  Division  of  Street  Depart- 
ment     

of  Assistant   Police  Court  Clerks - I 

ot  deputies  of  Marshal  

of  s\ibstltutes  for  CKy  .-Vttorney  or  assistant 

nf  appointees  of  .I.iller   

of  appointees  ot  Work  House  Superintendent 

of  Supervisor    of     Plumbing 

ot  Assistant  Deputy  and  Assessor  ot  Special  Taxes 

of  other  employes  of  Presd't  Board  Pub.  Impts. : i 


numerous  employes  in  Street  Department. 

of  -Assistant   Sewer  Conimissloner    

of  Chief  Mechanical  Engineer  of  Water  Deparliieiii  . 


907 

1GS6 

550 

15 

551 

18 

553 

28 

.554 

31 

554 

32 

554 

3.3-34 

554 

34 

555 

35 

555 

36 

555 

37 

615 

244 

615 

246 

G16 

251 

618 

260 

618 

267 

622 

276 

630 

309 

6S6 

536 

771 

1076 

790 

1139. 

804 

1205 

805 

1207 

813 

1253 

819 

1269 

820 

1270 

,S33 

1332 

837 

1347 

917 

1737 

924 

1777 

'.121', 

1791 

974 

1939 

974 

1012 

975 

1943 

976 

1046 

97S 

1 94  s 

979 

1949 

981 

1 956 

9S1 

1959 

1248  INDES;  TO  REVISED  CODE  OR  GENERAL  ORDIXA.\-CES. 

{Index  to  Charter  and  Notes,  pp.  463-542. 
Iiuiex  to  Scheme,  pp.  279-:i»t5. 
Index  to  State  Laws  for  Si. Lowis, pp.  225-256. 


SEC. 


MAYOR— (/o  u/'/»otr,  continued.)  page. 

of  .Assistant  Water  Commissioner  982  1960 

of  appointees  of  Harbor  and  Wharf  Department 983  1965 

{    984  1971 

I     984  1972 

of  appointees  of  Park  Commissioner  {     994  2015 

I     995  2016 

i    995  2017 

r     994  2012 

of  appointees  Harljor  and  Wharf  Commissioner )     „„,  ,„.„ 

.    ^           ,  r,      •  f                                                                           f  lOO.T  2062 

of  appointees  of  Register  I  ^^^^^  ,Qg2 

of  appointees  of  President  of  Board  of  Assessors 1007  2073 

of  appointees  of  License  Collector   1018  2119 

of  appointees  of  Inspector  Boilers   and  Elevators I  ■[{)(,(,  o-^^T 

1075  2370 
of  appointees  of  Commissioner  of  Supplies \      to  to 

1076  2372 


2407 
2408 


of  appointees  of  Auditor  1086 

1090  2428 
of  appointees  of  Comptroller \  1090  2429 

1091  2431 

of  appointees  of  Treasurer 1094  2442 

of  appointees  of  Inspector  Weights  and  Measures 1116  2543 

of  appointees   of  certain   weighers 1120  2559 

of    appointees    Public    Recreation    Commission,    ord.    22869, 

Appendix    1153 

may  remove  the  following: 

deputies,  assistants  and  clerks  in  any  department 907  1686 

employes  of  Building  Commissioner 550  15 

members  Board  of  Appeals   561  58 

f     615  244 

deputy  and  constable  to  Coroner <  ^^,,  ,,„ 

City  Bacteriologist  as  in  case  of  other  officer 667  465 

Smoke  Inspectors    894  1626 

decisions  as  to  removal  of  officers — See  note  to  Sec.  1686..  90S 

Assessor  and  Collector  of  Water  Rates,  when 1097  2457 

may  suspend  officers: 

may  suspend  elective,  when 909  1692 

appoint  officers  to  fill  elective  vacancy  temporarily 909  1694 

how  suspension  effected :  charges   909  ]  693 

Assessor  and  Collector  of  Water  Rates,  when 1097  2457 

Inspector  of  Weights  and  Measures,  when 1116  2541 

MEASLES— 

See  Contagious  or  Infectious  Diseases. 

MEASURES— 

See  Firewood;   Charcoal:   Weiphts   and   Measures:   Inspector   of 
Weights  and  Measures:  Lumber. 

MEAT— 

See  Meat  Shops:  Butchers. 

insDection    of    686  541 

tainted  condemned,  etc 686  542 

|)enalty  for  sale  of  tainted    687  543 

l)utrid,  when  nuisance   698  590 

,    ^          .          «         -1   ..      .                                                   f  856  1435 

seizure  by  market  master,  of  spoiled,  etc <  „.„  ,  , -, 

f     .          1    ,            1   f                                                                              f  858  1449 

sale  of  at  market,  regulations <  „.„  .  ,.„ 

dead  animals  not  to  be  used  for — See  Dead  Animals. 

diseased  live  animals  not  to  be  killed  for 859  1452 

sale  of  unsound,  prohibited 859  1453 

not  to  bf  thrown  about  market  places 859  1454 

sold  in  shops — See  Meat  Shops. 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1249 


Index  to  Charter  aitd  Xotes,  pp.  463-542. 

Index  to  Scheme,  pp.  279-286. 

Index  to  Slate  Laws  ^or  St.  Low  is.  pp.  225-25C. 


MEAT  SHOPS—  i..uif. 
power     of  city  to  regulate — See     note  to  heading  of  Chap,     lli, 

art.  6   S.il 

license  to  conduct,  necessary S62 

what  may  be  sold  under  license  for SC2 

decisions  concernlns — See  note  to  Sec.  1473 St)2 

license  shall  contain  what,  and  be  posted  up 862 

comptroller  to     consent     to     transfer     of     license,  or  change  of 

location  862 

hours  of.  on  Sundays 863 

decision  sustaining  ordinance  as  to  Sunday  hours — See  note  to 

Sec.   1475    863 

penalty  for  keeping  shop  without  license 863 

to  be  kept  clean    863 

under  control  of  Board  of  Health 863 

cancellation   of  license    863 

principals  and  agents  bound  by  article 863 

keeper,  not  to  include  sausage  maker 863 

MEDICAL  STl'DENTS— See  Citi/  Hospital. 

.\li:i)lCI.\K  AND  SURGERY— 

See  Physicians:  Midwives:  City  Hospital;  Dispensaries. 

what  certificate  necessary  to  practice 720 

when  registration  of  physician  may  be  refused 720 

practice  without   complying   with   ordinance,   misdemeanor 720 

students,  when  may  visit  hospital — See  Ci1y  Hospital. 

medicine  for  sick  paupers 730 

M EET 1  N(".S— See  Misdemeanors. 

MLWAGERIE— 

defined    1051 

circus — See  Circus. 

.MKRfA.NTlLK  AGENT— 

r  1051 

license  provisions  concerning  i     to 

1 1054 
defined    1051 

MERCANTILE   nUlLDINGS- 
See  Buildings. 

.MERCHANDISE— 

on  sidewalks.  See  Obstructions. 

MERCHANDISE  UROKERS— 
See  Brokers:  I.iicnst:<i. 

MERCHANTS— 

fruit,  book  or  news  stands,  when  to  pay  license  tax 809 

decisions  as  to  validity    of    license     taxes    on.  and  definllion  of 

term,  merchant — See  note  to  heading  of  art.  11  of  Chap.  31. .  1035 

defined    1035 

license  re(iulred  by,  failure,  penalty 1035 

license   not    transferable 1035 

statement  of  sales  by,  license  when  imyable,  notice  of  provisions 

by  publication,  etc 1035 

ad  valorem  and  additional  license-tax,    rate,    time    of  payment 

etc 1036 

form  of  license  of 1036 

licenses  issued,  to  correspond   with   stubs 1036 

bond  of,  before  license,  conditions,   forfeiture  suit  on,  etc 1036 

statement  of  sales  returns,  open  to  Inspection  by  whom 103" 

penalty  for  failure  to  make  statement  or  pay  license 1037 

penalty  for  making  false  statements 1037 

article  on,  does  not  apply  to  dramshops 1038 

MERRY-OO  ROCND  OR  ROVNDABOUT— 
See  Exhibition  or  Shotc. 


14 

73 

14- 

■3 

14 

"4 

14 

"4 

14 

"5 

14 

■6 

14 

•7 

1478 

14 

'8 

14' 

■9 

1480 

698 
699 
700 

770 


2271 


2270 

to 
2285 
2271 


1217 


2194 
2195 
2196 

2197 

2198 
2199 
2200 
2201 
2202 
220S 
2204 
2205 


1250  INDEX  TO  REVISED  CODE  OR  GEXBRAL  ORDINANCES. 

f  Index  to  Charter  and  Notes,  pp.  463-542. 

J  Index  to  Scheme,  pp.  279-286. 

(  Index  to  State  Laws  for  St.  Louis,  pp.  225-2oQ. 

METER —  P.VGE.  SEC. 
Gas-meter — See  Gas. 
water-meters — See  Water  Rates  and  Licenses. 

MIDWIFES— 

to  report  births   719  694 

penalty  for  failure  to  report 719  697 

conditions  of  practice  by 720  703 

regulations    of    Lylng-In    institutions,    etc. — See    ord.    2299S    Aii- 

pendix    1142 

MILK— 

validity  of  legislation  on — See  note  to  Chap.  11,  Art.  5 G71 

inspection  and  control  of  sale  and  quality,  in  City  Chemist 671  484 

duties  of  City  Chemist  and  City  Bacteriologist  concerning 671  485 

rules  for  formulated  by  City  Chemist G71  485 

assistants  tor  inspection  of,  qualification,  bond,  removal 6"1  486 

salaries   of   assistants    672  487 

requisitions   for    672  488 

vehicles  allowed  to  City  Chemist  for  inspection  of 672  488 

right  of  access  to  all  places  necessary  for  inspection  of 672  489 

right  to  take  samples  of 672  489 

violation   of   article   misdemeanor 672  489 

.  inspectors  to  wear  badges 672  489 

samples  of,  to  be  tested,  violations  prosecuted,  record  kept 673  490 

any  citizen  may  submit  sample  for  analysis 673  491 

receptacles  tor,  and  cream  to  be  kept  clean,  penalty 673  492 

vendors  of,  licenses,  registration,  fees 673  493 

retail  and  wholesale,  definition,  penalty 674  493 

registration   certificates,   applications,   subsequent  changes,   etc., 

penalty    674  494 

preliminaries  to  issuance  of  license  for  sale  of 674  494 

wagons,  how  designated ,  etc.,  penalty   675  495 

form  of,  license 675  496 

carrying  for  sale  impure,  penalty 675  497 

,      .        ^   ■                   *                 1^                                                 (675  498 

having   products   of  impure,   etc.,   penalty i  gg^  -.^^ 

(  676  499 

adulteration,  skimmed  milk,  etc.   (Skimmed  milk  see  below)....  i  6SS  552 

I.  688  555 

containing  foreign  matter,  coloring,  preservative,  etc 676  500 

no,  to  be  sold  unless  analysis  shows  certain  ingredients 676  501 

cream  not  be  sold  unless  contains  certain  elements 677  502 

,     .                              .,-.,■,       ^                            f  677  502 

cream  made  from  impure,  or  diseased  animals,  etc i  gn^  j^og 

condensed,  preserved  or  evaporated,  etc 677  503 

regulations  as  to  buttermilk 677  504 

regulations  as  to  skimmed  milk 678  505 

or  cream  before  or  after  certain  time  of  parturition 678  506 

interference  with  authorized  persons  inspecting 679  507 

officer  or  employe  conniving  at  violation  of  article 679  508 

confiscation  of  bad,  officers  protected 079  509 

sick  cows  and  horses  about,  stable  or  dairy,  to  be  reported -,  g^-  ^g^ 

manufacturer,  seller  or  user  of  adulterants,  preservatives,  color- 
ing matter,  etc.,   for,  penalty 079  511 

inspection  of  places  where  cows  are  kept,  requirements,   when 

milk  not  to  be  sold 680  512 

removal  of  diseased  animals,  stables  how  kept 680  512 

regulations  as  to  cow-stables  and  dairies — See  Dairies. 

f  675  498 

684  529 

from  diseased  cows,  etc g§5  535^ 

(^  688  555 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1251 

f  Index  to  Charter  and  Notes,  pp.  463-542. 

i   Index  to  Sthcme,  pp.  279-286. 

(  Index  to  State  Laws  for  St. Louis, VP.225-25G. 

MILK — Continued.  v.\<,t:.  skc. 

when  sale  of.  forbidden,  notice  in  newspapers 684  529 

from   dairy   connected    with    premises   Infected    with    contagious 

disease    685  533 

from  dairy  at  poor-house — See  Poor-House. 

Inspector.   ap|)ointed   by   JIayor 868  1509 

supplying,  for  city  institutions,  contract 1077  2374 

MINORS— 

harboring  or  enticing  girls  under  eighteen — See  Misdemeanors; 
Bawdy  Houses. 

fire-arms  or  ammunition  not  to  be  sold  to !     °^^        ,.^^ 

(  00.5  loDy 

junk-dealers  not  to  buy  etc..  property  from 890  1603 

getting  on  street  cars  in  motion   [section  repealed] 890  1617 

foundlings — See  Foundlings. 

under  fifteen,  how  confined  when  in  jail 917  1741 

pawnbrol<ei-s   prohibited   to  deal  with 1040  2215 

charsres  of  swimmiiii;  schools  for.  on  certain  days 1099  2466 

and  Infants,  establishments  for — See  Foundlings. 

.MISDEMEANORS— 

declared  by  ordinance,  concurrently,  when  State  Law  covers  same 

offense — See  note  to  Sec.  1265   

punishment  of.  where  no  specific  penalty  provided 

defined    

amount  of  fine  where  none  declared 

nia.ximuni  of  fin''  when  none  declared 

fines  and  penalties  for — See  also  Fines;  Penalties;  Workhouse; 

Imprisonment. 

miscellaneous  misdemeanors,  what  are. 

connected  with  violation  of  street  car  regulations,  or  street 
railway  provisions — See  hereinafter  (this  heading) 
under  subdivision  of  street-car  violations:  also  Strert 
HniUra\i  Cars, 

connected  with  smoke  and  smoke  abatement — See  Smoke. 

violating    regulations   concerning   gunpowder   and    other   ex-^     552  23 

plosives     I    552  25 

regulations  concerning  theatres — See  infa  "violation  of  Build- 
ing Regulations." 

running  over  hose  of  Fire  Department....- 628  297 

false  alarm  of  fire,  tampering  with  fire-boxes  or  making  im- 
pression of  key  to  flre-alarm  box — See  Fire  and  Police 
Telegraph  Department. 

violation  of  Chapter  relating  to  charcoal 

gas  company  failing  to  rectify  incorrect  meter 

defacing  or  counterfeiting  seal  of  gas-meter 

stealing  or   unhitching  horse 

injuring  or  stealing  articles  of  value  <mder  twenty  dollars. . . 

removing  any  kind  of  property  from  premises 

violating  scavenger  dumj)  ordinance 

for  ferry  boat  keeper  to  refuse  passengers  transportation .  . . 

for  over  charge  of  ferriage 

failure  to  post  ferriage  rates 

offering  for  sale  tainted  meat,  fish,  fruit,  vegetables,  etc. . . . 
violating  regulations  (or  sale  of  poisons,  drugs,  etc.... 


816 

900 

1650 

900 

1651 

901 

1652 

901 

1653 

( 


adulteration  of  food  or  drink. 


sale  of  adulterated  candy 

violations  of  provisions  regulating  cutting  and  storing  of  Ice.-j 

leaking,  overflowing,  etc..  vault,  privy,  cesspool,  etc 

(allure  to  connect  vault  or  water-closet  with  sewer 


634 

333 

634 

334 

635 

341 

882 

1565 

646 

36G 

889 

1603 

65S 

412 

659 

419 

660 

425 

660 

426 

687 

543 

687 

544 

688 

550 

688 

551 

rss 

r,53 

1,  \  \ 

.-,:.4 

('..SS 

557 

688 

556 

690 

569 

690 

570 

690 

571 

691 

576 

1252 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


Index  to  Charter  and  Notes,  pp.  463-542. 

Index  to  Scheme,  pp.  279-286. 

Index  to  State  Laws  for  St. Lo«i«,  pp.  225-256. 


MISDEMEANORS— Continued.  page. 

failure  to  reconstruct  or  connect  vaults,  etc,  after  notice. . . .  692 

violating  privy  cleaning  ordinances,  etc 692 

violating  article  on  privies  and  vaults  in  general .'  ^: 

\  1050 

operating    or     opening     without    ordinance,    any     slaughter- -i  „,. 

house,   stone  quarry,  vitriol   factory,   tannery,   rendering  I  i^Z 
soap  factory,  etc.,  or  garage  or  automobile  shop,  etc....  j 

to  bury  animals  in  city  limits 714 

failure  to  remove  dead  animals 715 

same,  under  new  ord. — See  ord.  22580  in  App 1141 

violation  of  article  on  dead  animals 716 

failure  to  provide  garbage  receptacles 717- 

.  failure  to  have  properly  constructed  garbage  cart I  iz' 

(  o09 

removing  garbage  without  proper  license 717 

license  metalic   plate  for  garbage  wagon,   not   displayed....  718 

failure  to  report  or  register  births  and  deaths,  etc 719 

practicing  medicine  without  compliance  with  regulations....  720 

practicing  midwifery  without  compliance  with  regulations...  720 

burials  without  permits  720 

physician's  failure  to  report  certain  contagious  diseases....  735 

removal  of  placard  announcing  contagious  diseases 735 

parents  or  guardians  permitting  children  attend  school  who 

have  contagious  diseases 735 

teachers  knowing    of    contagious    diseases    to  dismiss  such 

pupils,    etc 735 

failure   to   give   notice   to    Health    Com'r   of    contagious  dis- 
eases,   etc 73G 

failure   to  surrender  books  used  by   persons  having  contag- 
ious  diseases    737 

disregarding  consumptive   regulations 739 

disregarding  quarantine  orders    74u 

landing  persons  or  freight  from  infected  sections 741 

disregarding   or  resisting  quarantine   regulations 741 

r  74'^ 

disregarding  requirements   for  burials,  deaths,  etc \  r-,Z 

f  743 

sextons,  etc.,  failing  to  make  proper  reports,  etc }  743 

i  744 

.     violation  of  article  on  mortuary  records  744 

bringing  into  city     persons     dying     of     certain     contagious 

diseases     744 

bringing  into  city  corpse  without  physician's  certificate....  745 

opening  graves  or  disturbing  body  without   permit 745 

burying  in  grounds  not  authorized -  !-,,, 

removing  corpse  outside  city  limits 747 

injuring  or  defacing  cemeteries  or  tombstones  graves,  etc.  . .  747 

violation  of  article  on  cemeteries  747 

refusing  to  inter  body  when  so  directed 748 

erection  or  maintenance  of  unauthorized  crematory 74S 

receiving  body  for  cremation  without  permit 749 

railroads,  boats,  etc.,  bringing  insane  or  paupers   into  city, 

when    750 

not  making  gas,  sewer  and  water  connections  in  advance  of 

street  construction    757 

violation  of  cross-grades  for  alley  requirement 757 

misplacing  gas  or  water  stop-cocks,  etc <  i..-, 

attempting  to  use  street  temporarily  closed 760 

disregarding  re,gulations  for  planting  shade  trees 761 

violating  provisions  for  house  numbering 77G 

putting  up  stationary  awnings  in  certain  districts 777 

violating  stationary  awning  ordinance 777 


SEC. 

578 

582 

583 

2269 

625 
626 

674 

677 

683 

687 
688 
1225 
689 
691 
697 
700 
703 
702 
796 
798 

799 

800 

804 

807 
817 
821 
822 
825 
827 
831 
832 
833 
835 
-839 

840 
841 
845 
850 
851 
855 
856 
859 
862 
864 
867 

869 

898 

900 

913 

1244 

914 

916 

1087 

1088 

1090 


INDKX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1253 

Index  to  Charter  and  yotes,  pp.  463-542. 
Index  to  Sriiftne,  pp.  2i!>-2S6. 
Index  to  Stale  Laws  for  &'M>ou is, pp. 225-25(1. 
MISDKMEANORS— Continued. 

not  placing  wires,  poles,  tubes,  etc.,  underground  In  certain  f 

districts    \ 

stringing   wires,   tubes,   etc.,  over  or  under  ground   without  f 

permit     \ 

failure  to  observe  directions  as  to  telegraph  or  telephonei 

poles,  etc \ 

violation  of  article  on  electric  wires,  conduits,  etc 

interference  with  removal  of  electric  wires 

illegal  use  of  electric  wires,  etc 


'.MiK. 

-SKI-. 

780 

1096 

781 

1098 

783 

1103 

789 

1131 

788 

1124 

800 

1183 

789 

1126 

789 

1129 

789 

1130 

789 

1131 

783 

1103 

789 

1133 

793 

1152 

stringing  wires  without   iiermlt < 

removing  cover  of  manhole  for  electric  contrivance,  etc 

disregarding  ordinances  regulating  electric  wire  ap|)aratus.. 

interference  with  lighting  apparatus  by  which  city  is  lighted 

or   with   employes,   etc 793         1153 

failure  to  make  deposit  for  cost  restoring  i)aving  disturbed 

by  telephone  or  telegrai)h  poles SCO         1184 

failure  to  i)ay  amount  due  for  use  of  streets  for  telegraph  or 

telei)hone  poles    801         1191 

failure  to  properly  construct  down-pipes — See  Pipes. 

injuring  any  ap|)liance  or  thing  connected  with  the  light- 
ing of  the  city,  or  |)olice  or  telegraph  wires,  etc 

trundling  wheelbarrow  or  hand-cart  on  sidewalk 

Iienalty  for  violating  chapter  for  offenses  on  highwavs 

planting,  trimming,  destroying.  Interfering  with  growth  of 
trees,  etc. — See  Trees:  Citii  Forester. 

violating  article  as  to  City  Forester S14         1259 

ordinances  declaring,  on  subjects  filso  covered  by  State  Stat- 
utes— See  Ordinances,  also  note  to  sec.  1265 

not  affected  by  repeal  of  ordinance 

not  keeping  meat  shops  clean   

agents  of  meat  shop  keepers  liable  as  principals 

selling  game  out   of  season 

selling  certain  perishable  vegetables  or  fruits  at  depots,  etc. 

unhitching   or   purloining  horse 

playing  ball  on  highways 


811 

1236 

812 

1245 

S12 

1246 

discharging  loaded  flre-arnis  in  theatres 

selling  minors  fire-arms  or  ammunition 

connected    with    taking,    mutilating,    keeping,   etc.,   books   of 
Public  Library — See  Public  Library. 


spitting  in  public  vehicles  or  places. 


bin  posters  or  advertisements  not  to  be  put  on  poles,  side- 
walks,   fences,   etc 

defacing  lawful  bill  posting  advertisements  

carrying  on  show  or  exhibition  after  license  revoked 

impersonating  officer  or  Interfering  with  officer's  duties..., 

solicitation  of  passengers  at  depots,  landings,  etc 

failure  to  post  ordinance  as  to  such  regulations 

Injuring,  defacing,  etc.,  public  property.  


removing  or  depositing  any  article  from  premises,  forbidden. 

rag  picking  without  permit 

violation  of  junk  shop  and  Junk  dealers  ordinances 

cruelty  to  dumb  animals 


decisions  on  cruelty  to  dumb  animals — See  note  to  Sec.  1607. 
tying  legs  of  calves  or  sheep,  or  confining  In  boxes 


molestation  of  birds,  nests,  etc 

throwing  stones,  carrying  contrivance  to  eject  pellets,  etc. 


818 

/  849 

1405 

1  850 

1406 

863 

1477 

863 

1479 

863 

1481 

864 

1486 

882 

1565 

882 

1564 

f  882 

1566 

\  882 

1567 

883 

1568 

f  1586 

886 

\        t° 

(.  1589 

886 

1590 

887 

1592 

888 

1597 

888 

1598 

888 

1.599 

889 

1601 

/  808 

1221 

.  889 

1602 

889 

1603 

889 

1604 

890 

1605 

/  881 

1558 

\     890 

1607 

890 

891 

1610 

f  891 

1611 

to 

to 

892 

1615 

891 

1613 

892 

ICH 

1254  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

f  Index  to  Charter  and  Xntes,  pp.  463-542. 

J  Index  to  Scheme,  pp.  279-286. 

f  Index  to  State  Laics  /or  Sf.Lowj's. pp.  225-256. 

MISDEMEANORS— Continued.  page.  sec. 
member  of   police  conniving  at   violation   of   bird-protection 

ordinance   892  1616 

pigeon    dropping    897  \  Jgg^ 

vagrancy,  various  penalties   S97  1636 

seizing  dogs,  enticing  out  of  premises,  etc 899  1646 

keeping  dangerous  dog 900  1647 

neglect  of  duty  of  bond-examining  board 907  1684 

officials  guilty  of  fraud,  neglect,  extortion,  favoritism,  etc...  909  1691 

person  having  city  vehicle,  not  properly  marked 912  1713 

failure  of  officers  to  furnish  information  to  Commissioners 

on  Charitable  Institutions 913  1719 

trespass  at  work  house,  aiding  prisoner  to  escape  or  inter- 
fering  with   officers   there 924  1774 

violation  of  article  on  plumbing  and  drain-laying 930  1801 

r  1 808 

violation  of  duties  by  public  porters 933  <  ^Vna 

violation  of  article  on  vehicle,  etc : 94  i  1831 

refusal  of  vehicle  driver  to  carry  passengers  or  of  passenger 

refusing  fare  941  1832 

charging  higher  rates  for  use  of  vehicles  than  fixed  by  ordi- 
nance   943  1839 

officers  conniving  at  overcharging  for  vehicles 943  1842 

drivers  of  public  conveyances,  away  from  vehicle,  or  lounging 

about,  etc 944  1843 

vehicles  violating  article  on  vehicle  stands 945  1848 

violating  hack  stand  section 945  1850 

r     996  2018 

violation  of  park  regulations,  set  forth \  to  to 

I     999  2035 

violating  driving  rules  in  parks 997  2022 

violation  of  provisions  for  office  of  Recorder  of  Deeds 1004  2058 

violating  article  on  dramshops 1029  2164 

deception  by  intelligence  office  keepers  (employment  agencies)  1031  2118 

violating  provisions   for  pawnbrokers 1040  2218 

violating  provisions  for  railroad  ticket  brokers 1044  2235 

violating  provisions  for  runners    1046  2246 

second-hand   dealer  or  agent  failing  to   keep   registry  book, 

etc 1057  2299 

second-hand  dealer  or  agent  failing  to  report  offer  of  sale  of 

suspicious  character 1058  2305 

C    701  611 

obstructing  sewers    \  1065  2320 

(  1065  2321 

violation   of  chapter  on   sewering 1065  2322 

misconduct  of  Inspector  of  Boilers,  etc.,  or  employes 1071  2346 

failure  to  post   boiler  inspection  certificate  or  obtain  same.  .  1072  2351 

failure  of  licensed  engineers  to  make  semi-annual  reports...  1072  2352 
failure  of  owners  of  boilers  setting  up  or  repairing,  to  notify 

Inspector    1072  2354 

violation  of  article  on  boilers  and  elevators,  in  general 1075  2365 

owners  or  agents  refusing  city  water  license  when  ordered  to  f  109S  2463 

use,  as  sanitary  measure \  1098  2464 

abusing  water  privileges,  using  water  without  license,  open-  (  .......  ,,,-,, 


:f  110 

I  110 


ing   plugs,    throwing   matter   in    reservoir,    etc.,    wasting  ,  ....s..         ,,,„ 

water,    etc (  iiui 

using  water  from  pipe  after  shut  off,  etc 1102         2483 

violation  of  article  on  water  rates  and  regulations,  general 

penalty    1107        2503 

violation  of  article  on  water  connections,  etc 1112         2527 

violation   ordinance     regulating   private     hospitals,   lying-in 

homes,  foundlings,  etc. — See  ord.  22998,  Appendix 1142 

failure  to  return     towels,     soap,     etc.,     to  Public  Recreation 

Committee,  ord.  23171— Note  on  p 931 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1255 


Index  to  Charter  and  Xoles,  pp.  463-542. 

Index  to  iitilivine,  pp.  279-286. 

Index  to  State  Laws  for  St.  Louis,  pp.'225-25G. 


MISDEMEANORS— Continued. 


Violation   of  Building  Regulations. 

building  or  altering  without  permit 

proceeding,  after  revocation  of  building  permit 

obstructing  fire  escape  or  stairways 

disregard  of  building  code  as  to  regulations  as  to  certain 
requirements  against  fire  dangers,  etc 

respecting  height  of  chimneys  and  smoke-stacks 

disregarding  guarding  of  hatchways,  well-holes,  etc 

watchmen    neglecting   duty 

proprietor,  keeper,  lessee,  etc.,  neglecting  fire  escape,  ord... 

disregarding  ordinances  regulating  theatres,  and  rules  re- 
specting same,  by  manager,  owner,  lessee,  etc 

failure  to  post  certificate  In  theatre 

operating  theatre  without  license 

obstructing  aisles  or  egress  from  public  meeting  places 

failure  to  observe  notice  to  remove  or  secure  unsafe  build- 
ing     

interference  with  giving  notice  of  unsafe  building 

owner  or  agent  renting  or  leasing  unsafe  building 

failure  to  pay  expense  of  correcting  violation  of  building  code 

violation  of  building  laws  in  general 

selling  wood  after  removal  from  measured  cord 

Violations  of  Harbor  and  Wharf  Jiegulations. 

building  beyond  wharf  line 

failure  to  remove  structure  over  wharf  line,  on  notice 

allowing  boat  to  remain  grounded 

landing  boat  without  name  thereon 

failure  to  remove  goods,  etc.,  from  wharf 

failure  to  secure  boats  at  wharf  as  required 

casting  loose  boat  on  fire 

obstructing  wharf    

catching  driftwood   

violations  of  harbor  and  wharf  provisions  in  general 

failure  to  pay  wharfage  or  license 

storage,  forwarding  or  freight  charges  by  wharf-boat 

violating  article  on  wharf-boats 

selling  wood  removed  from  measured  cords 


Violation  of  Milk  Inspection  Laws.  * 

violation  of  article   

not  keeping  receptacle  for  milk  and  cream  clean 

failure  to  obtain  milk  license,  register,  etc 

failure, to  observe  preliminaries  to  obtain   license,  register, 

etc 

failure  to  designate  milk-wagons 

carrying  Impure  milk  or  cream 

having  products  of  impure  milk,  etc 

adulterated  or  skimmed  milk,  etc I 

milk  containing  foreign  matter,  coloring,  preservative,  etc.  . 
selling,    etc.,    milk    which    does    not    contain    certain    ingre- 
dients     

selling,  etc..  cream  not  containing,  etc..  or  from  Impure  milk 

condensed,  preserved  or  evaporated  milk 

regulations  as  to  butter-milk  violated 

regulations  as  to  skimmed  milk  violated 

sale  of  milk  or  cream  within  certain  time  of  parturition 

interfering  with  authorized  persons  inspecting  milk,  etc 

officer  or  employee  conniving  at  violation  of  milk  Inspection 

sick  cows  and  horses  about  milk-stables < 

manufacturing,    using,    selling    milk     adulterants,     preserva- 
tives, etc 


557 

46 

559 

51 

584 

140 

588 

154 

589 

160 

591 

166 

597 

192 

598 

193 

600 

195 

GOG 

209 

607 

211 

608 

213 

609 

216 

610 

217 

610 

218 

GU 

219 

611 

221 

655 

396 

643 

349 

643 

350 

644 

356 

644 

357 

645 

360 

G4G 

364 

G4G 

365 

647 

368 

647 

368 

648 

371 

6.")0 

377 

653 

385 

654 

392 

655 

396 

672 

489 

673 

492 

673 

493 

674 

494 

675 

495 

675 

497 

675 

498 

676 

499 

OSS 

555 

676 

500 

676 

501 

677 

.-.02 

677 

503 

677 

504 

67S 

505 

678 

506 

679 

.507 

679 

508 

679 

510 

680 

512 

679 


511 


1256 


INDEX  TO  REVISED  CODE' OR  GENERAL  ORDINANCES. 


Index  to  Charter  and  Notes,  pp.  463-542. 

lnde.\  to  Scheme,  pp.  279-2S6. 

Index  to  State  Laics  for  Si.Lo«is,pp.225-256. 


MISDEMEANORS— Continued.  page. 
Violations  of  Dairies  and  Cmc-Stahle  Regulations. 

failure  to  observe  regulations  to  lieep  stables,  etc.,  clean ....  681 
failure  to  have  sewer  connections  with  dairies  or  interfering 

with  catch  basins,  etc 681 

running    dairy    or    cow-stable    without    ordinance    being    ob- 
tained      681 

violating  regulations  for  building  cow-stables  or  dairies 682 

dairies  and  cow-stable  nuisance,  failure  to  abate 683 

sick  cows,  milk  not  to  be  sold,  cows  removed,  etc 685 

connivance  of  officer  to  violate  article  of  dairies  and  cow- 
stables    685 

sale  of  milk  from  dairy  where  prevails  small-pox,  fever  or 

contagious  disease,  etc 685 

violation  of  article  where  no  other  penalty  provided GS6 

dairymen  without  location,  failing  to  have  weights  and  meas- 
ures   tested    1117 

connected  with  nuisances. 

sinks,  basins,  etc.,  when  nuisance 697 

f  fiQ7 

filthy  water,  nauseous  liquids,  etc •!  p„„ 

rubbish,  putrid  meat,  offal,  garbage,  etc 698 

burning  stuff  on  street  or  lot.      (See  Fires.) 699 

dead  animals,  filth,  rubbish,  etc.,  on  streets 699 

failure   to   whitewash   slaughter-house 700 

failure  to  cut  weeds,  or  remove 703 

penalty  for  violating  provisions  of  article  on  nuisances,  etc.  706 

I  707 

failure  to  abate  nuisance  on  notice,  etc .  -,  q 

[  711 

interference  with  contractor  for  city,  abating  nuisances 713 

f  1065 

obstructing  sewers  so  as  to  create  nuisance ■<  701 

I  1065 
connected  icith  streets,  alleys,  sirleicalks. 

gas,  sewer  and  water  connections  not  made   in   advance  of 

street  construction    757 

cross-grade   for   alley    requirement 757 

constructing  sidewalk  contrary  to  ordinance 759 

misplacing  gas  or  water  stop-cocks i  _,j; 

disregarding  regulations  for  vaults  under  sidewalks 762 

failure  to   fence,  etc.,  excavations,   or  display   danger-signal. 

(see   also   excavations) 763 

rubbish  from  burned  buildings  on   sidewalks 760 

disregarding  regulations  for  temporary  occupation  of  streets 

and  highways  for  building  purposes. . .  .> 760 

barbed  wire  fences  along  sidewalks 805 

driving  on  sidewalks,  hitching  to  tree,  etc 806 

failure  to  protect  excavations  for  public  works.     See  Excava- 
tions. 
making  unauthorized — See  Excavations. 

vaults  extending  into  streets  to  be  covered  and  protected..  806 

openings  in  sidewalks,  failure  to  follow  regulations 806 

insecure  or  open  cellar  doors  or  gratings 806 

projecting  signs,  goods  on  sidewalk,  obstructing  street,  etc..  S06 

projecting  balconies,  show  windows,  etc 812 

fruit,  candy  or  newspaper  stands  interfering  with  traffic...  807 

throwing  fruit,  etc.,  on  walk  or  highway 807 

hoisting  merchandise,  etc.,  over  highway 808 

injuring  public  property  on  highway,  etc 808 

defacing  public  property  on  highway,  etc 808 

throwing  coal  or  firewood  on  highway ., 808 

-     obstructing  street  by  vehicle 808 


SEC. 

515 

516 

517 
519 
523 
531 

532 

533 

534 

2546 

554 
589 
598 
590 
597 
598 
600 
619 
621 
630 
637 
647 
648 
653 
668 

2319 
611 

2322 


898 
900 
908 
1244 
913 
920 

925 
930 

930 
1209 
1210 


1212 
1213 
1214 
1216 
1243 
1217 
1218 
1220 
1221 
1224 
1222 
1223 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1257 


C  Index  to  Charter  and  Xolen,  pp.  463-')42. 

J   Index  to  iSchfine,  pp.  279-286. 

(  Index  to  State  Louis /or  St. Louis,  pp.  225-256. 

MISDE.MEANORS— Continued.     (Connected  with  streets,  alleys,  etc. 

continued.  1  pace.  sec. 
unauthorized  obstructions  In  highways — See  Obstructions. 

f   808  1225 

I     xoq  1'^*'7 

spilling  dirt,  garbage,  etc.,  on  street  from  wagon .;    _„;,  Z":, 

[  717  088 

same,  wko  liable  809  1227 

pouring  or  spilling  liquids  on  asphalt  or  bituminous  streets.  809  1228 
failure  to  observe  regulations  as  to  oil-using  vehicles,  auto- 
mobiles, ice-cream   wagons,  etc 810  1232 

failure   to  keep  sidewalks,  aUeys   and  gutters   free   of   tilth. 

snow  and  ice   . ." SIO  1234 

throwing  stones,  shooting  arrows,  pellets,  etc.,  on  highways.,'  oq,  ,-.,. 

selling  horses  or  live  stock  at  auction  on  street 1021  <  "*^~ 

littering  streets,  advertising  on  sidewalks,  etc 810  1235 

Injuring  appliances  or  apparatus  for  lighting  city 811  1236 

breaking  or  removing  danger  signals 811  1237 

failure  to  fill  up  or  fence  holes  or  excavations  on  notice Sll  1239 

making  fires  on  streets,  sidewalks,  etc. — See  Fire. 

street  walkers  plying  trade 871  1518 

throwing  confetti   or   flour  on   streets,   etc. — See   ord.   22564, 

on  p.  1150,  or  note  to  Sec.  153Ta  877  1537a 

drinking  on,  or  creating  disturbances  on  the  streets 877  1538 

parades,  processions,  etc.,  when  prohibited i.  ?i?  .  ?f ^ 

speed  limit  for  automobiles,  etc i  H^  J—o 

driving  on — See  Driving. 

kite  flying  on  streets 882  1562 

ball    playing  on   highwavs    882  1564 

driving  cattle — See  Cattle. 

throwing  articles  on  streets,  etc.,  that  may  injure  animals 

or  persons   891  1609 

for  liolations  connected  with  Market  provisions: 

occupying  or  transferring  stall  without  permit 854  1425 

persons  other  than  market-master  weighing 857  1439 

offenders  of  market  and  market-master  article 858  1443 

selling  nnsoimd  meat  or  food,  etc 859  1453 

connected   tcith    license  ordinance  violations: 

removal  of  garbage  without  license 717  689 

not  displaying  metallic  garbage  plate  on  wagon 718  691 

selling  at  markets  without  license 857  1441 

keeping  meat-shops  without  license 863  1476 

junk-dealers  operating  without  license 890  1605 

unauthorized  or  counterfeit  vehicle  or  dog  license  plate 892  1618 

violating  plumbers'  license  regulations — See  appendix,  ord. 

23007    1150-1153 

violating    vehicle  license  requirements  or  vehicle  tires  regu- 
lations, etc 933  1810 

painting  over  license  plate  or  putting  on  plate  not  authorized  936  1814 

failure  to  pay  vehicle  license 941  1831 

violation  of  article  on  auctioneers'  license 1021  2136 

violation  of  article  on  bankers,  brokers,  insurance  co's,  etc.  .  1022  2144 

failure  of  foreign  insurance  company's  agent  to  pay  license  1053  2280 
doing   business   as   commission     merchant    or    merchandise 

broker,  or  assisting,  without  license 1023  2149 

violating  article  on  dramshop  licenses 1029  2164 

operating  electric  batteries  without  license 1029  2168 

fortune  tellers  and  astrologlsts,  unlicensed 1030  2172 

operating  hotel  or  boarding  house  without  license 1030  2175 

doing  real   estate   business   without 1031  2178 

doing  Intelligence  (or  employment )  office  business,  without. .  1032  2183 

manufacturers  falling  to  comply  with  article 1032  2185 

manufacturers  failing  to  make  return  of  sales 1034  2192 


125S  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

{Index  to  Charter  and  Notes,  pp.  463-542. 
Index  to  Scheme,  pp.  279-286. 
Index  to  State  Laws  for  St. Louis, pp.  225-256. 

MISDEMEANORS — Continued.      (License  matters,  continued.)  p.\ge.  sec. 

manufacturers  malting  false  statement 1034  2193 

merchants  failing  to  get  license  or  otherwise  violating  article  1035  2195 

merchants   making  false   statement 1037  2204 

running  restaurants   without   license 1038  2208 

pawnbroker  violating  article  on 1040  2218 

peddlers  and  hawkers  without  license 1041  2219 

C  1042  2223 

violation  of  article  on  peddlers  and  hawkers \  1042  2225 

(  1043  2230 

violation  article  on  ticket  brokers 1044  2235 

violation  article  on   runners 1046  2246 

doing   business   without   license  as  stockyards,  sales-stables 

or  horse  and  cattle  dealer 1047  2255 

vault-cleaners,  unlicensed   1050  2269 

billiard  tables  not  properly  licensed,  etc 1051  2273 

violation  of  license  article  for  sundry  vocations 1053  2279 

penalty  failure  to  pay  licenses <  .  ^,'3,  29«- 

unlicensed  persons  in  charge  of  steam  boilers  or  elevators..  106S  2334 
using  city  water  without  license,  or  abusing  water  privilege, 

etc 1101  2475 

using  portable  scale  without  license 1128  2586 

inspection  or  measuring  of  lumber  after  revocation  of  license  1129  2594 

measuring  lumber  without  license 1130  2599 

offenses  affecting  piiilic  morals  and  decency. 

drunkenness  in  public  places 870  1515 

indecent   exposure,    indecent   dress,    dress    of   opposite    sex, 

lewd  behavior,  etc 870  1516 

lewd  books,  pictures  or  plays  or  performances 870  1516 

indecent  pictures  or  paintings  in  saloons 1028  2162 

swimming  in  the  daytime 870  1517 

keeping   bawdy    or    assignation    houses,    or    harboring    girls 

under  IS   871  1518 

frequenting  or  being  inmate  of  bawdy  house 871  1518 

permitting  house  to   be  used   as   bawdy  house   after  notice 

from  police    871  1518 

street-walkers   at  night,   or  at  beer-gardens,   or  as   dancing 

girls,    etc 871  1518 

male  frequenters  or  keepers  of  bawdy-houses 871  1518 

bawds  plying  vocation 871  1518 

note  of  decisions  on  bawdy  houses,  etc.,  see  note  to  sec.  1518.       871 
enticement    or   attempted    enticement   of   girls    into    bawdy- 
house,  assignation,  etc 872  1519 

employment  of  lewd  women  in  dramshops 872  1520 

opium  dens,  keeping  or  attending 872  1521 

improper     advertisements     for    alleged     cure     of     venereal 

diseases   873  1522 

distribution    of   advertisements    or   books    on    venereal    dis-  f  1523 

eases  or  for  abortions,  non-conception,  etc 873  \  1524 

newspaper   advertisements    for   venereal    diseases,    or   abor- 
tions, non-conception,  etc 873  1525 

gambling  device,  setting  up  or  permitting  playing 874  1526 

betting  on  gambling  device,  etc 874  1527 

permitting  premises  to  be  used  for  gambling 874  1528 

keeping  common  gaming  house 875  1529 

letting  premises  for  gambling  device 875  1530 

gaming,   cards,   dice,   betting,   etc 875  1532 

establishing  lottery  or  aiding  or  advertising  lottery 875  1533 

sale  of,  or  keeping  tickets  for  lotteries 876  1534 

letting  premises  for  lotteries 876  1535 

f  1586 

spitting  in  public  places 886  \    to 

(.1589 

pigeon-drcpping  897  1633 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1259 


Index  to  Charter  and  Xotes,  pp.  463-542. 

Index  to  tirheme,  ]>[>.  279-2S6. 

Index  to  State  Laics  for  S/.LoiMS,pp.225-25C. 


MISDEMEANORS— Continued. 


affecting  public  order  or  peace: 

riotous  assemblies  

disturbance  of  the  peace,  assault,  fighting,  etc 

throwing  confetti,  flour,  etc.     See  appendix.     Ord.  22564,  p. 

lloO,  or  note  to  sec.  1537a 

disturbance   of   peace   on   streets   or   public    places,   profane 

language,  canning  beer,  loafing,  etc 

keeper  of  dram-shop   permitting  disturbance,   selling   liquor 

to  drunken  person    

bands  of  music,  parades,  processions | 

disturbing  religious  worship   

disturbing  lawful  assemblages,  refusal  to  disperse 

blowing  whistles  in  factories,  mills,  etc 

false  fire  alarm,  intentionally  caused 

ringing   bells    for   auctions,   etc 

hand  organs,  or  other  musical  instruments,  on  streets 

carrying  slung  shot,  brass  knuckles,  etc 


carrying  concealed  weapons  without  permit <. 

decisions  on  carrying  concealed  weapons.    See  note  to  sec. 
1549    

offenses  affecting  the  public  safety.     [See  also  under  Misdemean- 
ors, miscellaneous.^ 

speed  limit  for  automobiles  and  horseless  vehicles 

same,  references  to  State  Laws.     See  note  to  sec.  1551 


regulations  for  automobiles 


fast  driving,  runaway  horses,  collisions, 
cruelty   to  animals    


driving  with  or  without  bells I 

rules  of  the  road — See  Drivino 

kite   fl-in-.    "  

blasting  rock  near  highway — See  SloncQuarries. 

firearms  loaded  with  ball  discharge  In  theatres •' 

selling  firearms  or  ammunition  to  minors 

speed  over  bridges — See  Bridge:  Driving. 
general   penalty  clause  violation  of  article. 
driving  cattle  through  streets — See  Cattle. 

violation  of  steam  railroad  ordinances: 

failure  to  keep  gates  and  watchman  at  crossing  

failure    to    observe    regulations    as    to    obstructing    streets, 
manning  cars,  ringing  l)ell.  whistling.  I):icklng  up,  etc.. 

obstruction  of  streets  Intersecting  Poplar,  by  railroads 

climbing  on  engine,  while  In  motion 


connected  icith  street  railirai/s  or  street  cars: 

spitting  In  street  cars   . . 

minors   getting   on    moving   cars    [repealed] 

violation  of  speed  or  time  schedule  sections 

violation  of  any  section  not  specifically  covered 

promulgating  or  preparing  unlawful  schedules 

violating   regulations   slowing   down,   receiving   or  discharg- 
ing passengers,  ringing  gong,  etc .^ 

printed  copy  to  be  posted  in  cars,  failure  Is 

failure  to  use  new  fenders  on  street  cars 

operating  cars  without  fender.^ 

getting  on  tenders 


876 

1536 

S77 

1537 

S77 

1537( 

877 

1538 

878 

1539 

878 

1540 

879 

1547 

S7S 

1541 

878 

1542 

879 

f  1543 

I  1544 

879 

1545 

879 

1546 

879 

1547 

879 

1548 

879 

1549 

880 

1550 

880 


Q»JA 

/  1551 
\1552 

s.so 

8S0 

1553 

to 

to 

881 

1557 

SM 

1558 

SSI 

1558 

881 

1.559 

882 

1560 

882 

1562 

882 

1566 

882 

1567 

883 

/  1568 
\  1569 

883 


946 


1573 


1853 


948 

1858 

949 

1861 

949 

1862 

SS6 

l.->86 

892 

1617 

955 

1868 

955 

1868 

935 

186S 

957 

1871 

957 

1872 

958 

1874 

958 

1875 

958 

1876 

1260  INDEX  TO  REVISEJD  CODE  OR  GENERAL  ORDINANCES. 

C  Index  to  Charter  and  Notes,  pp.  463-.542. 

\  Index  to  Scheme,  pp.  279-286. 

(  Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

MISDEMEANORS — (Connected  with  street-cars— continued.)  p.\ge.  sec. 

failure  to  use  proper  brakes  on  street  cars 959  1877 

failure  to  provide  new  brakes  wlien  required 9.59  1878 

failure  to  observe  provisions  for  guage,  rails,  etc 960  1880 

failure  to  reconstruct  tracks,  etc 960  1881 

failure  to  repair  space  between   rails 960  1882 

violating  any  provision  of  street  railway  ordinance 961  1883 

driving  contrary  to  right  of  way  of  street  cars 961  1887 

street   railway  companies   failing  to   report   as   required,   or 

interference  with  inspectors  investigating  reports.        ..  1049  2261 

street  railways  failing  to  pay  license  on  notice 1049  2262 

failure  of  company   to  keep  crossings  and   termini  clear  of 

mud,  snow,  ice,  etc 9G2  1890 

failure   of   street   car   company    to    sprinkle   space    between 

rails,  etc 966  1903 

connected  with  weights  and  measures,  weighers,  scales,  sales,  etc. 

selling  less  quantity  of  firewood  than  ticket  shows 633  329 

concealing   or   attempting,   weights   and    measures    from    in- 
spection          1114         2532 

false  measures  or  weights,  unauthorized  use,  etc 1115         2536 

using  unstamped  measures,  altering,  etc 1115         2538 

failure  by  dairymen,  hawkers,  i)eddlers,  junk  or  rag  dealers, 
without  business  location,  to  have  scales  and  measures 

tested    1117         2546 

sale  in  violation  standard  bushel  box 1117         2547 

violation  in  general  of  article  on  weights  and  measures....     1117         2548 

selling  corn  or  oats  otherwise  than  in  prescribed  way 1118         2551 

violation  of  regulations  weighing  at  private  scales 1120         2558 

violation    regulations    by    public    or    private    weighers,    what 

are    regulations    1121         2562 

bringing  certain  articles  into  city  or  selling,  without   being 

weighed  on  authorized  scales   1122         2564 

wagons   for   the   sale   of  certain   matter   to   be   stamped    bv 

weigher     1122         2565 

drivers  of  coal,  hay,  cereals,  etc.,  may  be  required  to  go  to 
weigher,  false  certificate,  misdemeanors,  sale  of  wagon 

aud  contents,  f>tc 1123         2567 

wrongful    charge    for    weighing 1124         2568 

failure  of  owner  of  scales  to  file  statement   of  his  interest 

therein     1124         2569 

f  1125         2572 
dealing  in   unweighed   coal,   etc.,   prohibited <  .,^g         J--g 

selling   short-weight,   altering   certificate,   frauds   in   weights,  (  1125  2573 

etc (1126  2574 

liquor   at   weighing   scales ■ 1126  2575 

persons   unauthorized   acting  as  weighers 1126  2577 

persons  interfering  or  abusive,  etc.,  at  weighing  scales 1126  2578 

weighers  and  sureties  not  to  deal  in  articles  weighable 1126  25SO 

weigher   not   requiring   packages   on   wagon    to   be   properly 

arranged    1127  2581 

general     misdemeanor  clause     for  violating     weighers'     and 

weighing   article    1127  25S3 

violating  article  on  lumber  measuring 1130  2599 

MISSISSIPPI  RIVER— 

See  Wharf:  Harbor  and  Wharf  Commissioner:  Obstructions; 
Bridge:  Jurisdiction ;  Boats:  Riparian  Rights,  etc.;  Stcim- 
miiif/:  Driftii-'ooil. 

MISSOURI   HISTORICAL  SOCIETY— 

authorized  to  erect  building  in  Forest  Park,  archaeological  pur- 
poses,  etc.,   see  ord.   22593.   appendix 1164 

MISSOURI   INSTITUTION  FOR  EDUCATION  OF  BLIND. 

powers  of  Board  of  Health  concerning C04  447 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


12C1 


Index  to  Charter  and  Xotes,  pp.  463-542. 

Index  "to  t<cheme,  pp.  279-286. 

Index  to  State  Laws  for  St.  Louis,  pp.  225-25G. 


MISSOURI   INSTITUTION  FOR  EDUCATION   DEAF  AND   DUMB— 
powers  of  Board   of   Health   respecting 1 

MORGUE— See   Coroner. 

under   control    of   Coroner 

rules   for,   how   made 

In  charKe  of  whom,  when  to  be  open 

Superintendent    of.    duties 

botlles,    etc..    exhibited    in 

requisitions   for   repairs   and   supplies 

expense  account   for.   to  be  kept 

salaries  of  officers   at 

under  charge  of  Health  Commissioner 


MORTAR— 

See  Buildings. 

quality  necessary  In  buildings 

MOTORCYCLES— 
See  Automobiles. 

MULLANPHY  EMIGRANT  RELIEF  FUND— 

history  and  decisions  concerning,  see  note  to  heading  of  Chap.  19. 

Board  of  Commissioners,  how   many 

Commissioners   how   elected,   terms,   etc 

vacancies   in   BoartJ,   how   filled / 


Mayor    ex-offlcio    member 

no    compensation    to    Commissioners 

officers    of    Board 

duties    of    Board 

powers   of    Board 

meetings   of   Board 

records  and  reports  of  Board 

duties  and  salaries  of  officers  of  Board 

duties  and    powers  of   President   of 

powers  and  duties  of  Vice-President 

duties,  powers  of  Secretary,  publish  records,  keep  accounts,  funds 
assistant    Sscretary,    powers,    duties,    assist    emigrants,    protect 

against    runners,    etc 

poor  emigrants,   how   provided   for 

officers  of,   where  located,  hours 

real  estate,  how  sold  or  leased 

vacancy  in   board,  when  deemed   to  exist 

MUNICIPAL  ASSEMBLY— 

[This  heading  includes  matters  pertaining  to  both  Houses  alike: 
for  matters  peculiar  to  either  the  Council  or  House,  see  re- 
spectively Council  and  House  of  Delegates.] 

rooms  of    


I'.VC.K. 

.SKC. 

CG4 

447 

CC4 

448 

G17 

258 

017 

259 

CIS 

260 

618 

261 

61S 

202 

GIS 

265 

618 

266 

619 

268 

GG5 

450 

570 


ferry  licenses  by.  and   revocation   thereof. 


City    Attorney    to    advise 

either  house  or  committee  from,  when  may  call  on  City  Counselor 

for    advice,    etc 

elections  to.  see  Election.^. 

comiJensation   of  members   of 

salaries    of   officials    of 

special   sessions   of.   how  called.  

removal  of  salaried  officers  of .  .  


83 


901 

901 

1654 

901 

1055 

902 

1656 

905 

1G72 

902 

1657 

902 

1658 

902 

1659 

902 

1660 

902 

1661 

903 

1662 

903 

16G3 

903 

1604 

903 

1065 

904 

1666 

904 

1667 

904 

1068 

905 

1669 

905 

1670 

905 

1671 

905 

1672 

f  548 

1 

\    548 

2 

f  658 

415 

{    059 

420 

1  661 

429 

836 

1339 

841 

1369 

843 

137S 

845 

1385 

r  844 

1379 

\    8C6 

1496 

844 

13S2 

1262  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

(  Index  to  Charter  and  Notes,  pp.  463-542. 

J  Index  to  Scheme,  pp.  279-28b. 

[  Index  to  State  Laws  for  St.  Louis,  pp.  225-25G. 

MUNICIPAL  ASSEMBLY— Continued.  pace.        .s^:c. 

ianitors    for                                                                                                         '  ^^^         1386 

janitors    for    .^  ^^^         ^^^^ 

rules  and  regulations  made  by  each  House  of 846         1388 

resignations   of   members   of 846         1389 

elections  to  fill  vacancies — See  Elections. 

printed  copies  of  proceedings  of,  to  be  furnished  members 846         1391 

printed  copies  of  proceedings  to  be  furnished  to  whom 1002         2043 

may  authorize  subpoenas  of  persons,  and  production  of  papers  in 

investigations  by  committees,  etc 846         1392 

proceedings  in  case  of  writs  of  subpoenas 840         1392 

decisions  on  right  of,  to  punish  for  contempt  for  failure  to  obey 

subpoenas,  etc.,  see  note  to  sec.  1392 846 

attachment  of  persons  by,  when  may  issue 847         1393 

contempt,  contumacy,  etc.,  how  dealt  with,  by 847         1394 

either  house  may  issue  subpoenas 847         1395 

requisitions,    who   to    make 848         1396 

convened   by  Mayor,   organization  new  administration 865         1490 

•  to  determine  who  elected  Mayor,  give  notice  of  installation....  865         1491 

installation  of  Mayor  by 865         1492 

committees  of,  may  require  presence  of  Commissioners  of  Penal 

and    Charitable    Institutions 914         1723 

may  hold  intercourse  with  Work-House  prisoners 922         1762 

proceedings  of,  to  be  published  in  what  form 1001         2037 

may  inspect  returns  for  license  by  manufacturers 1034         2191 

may  inspect  returns  for  license  bv  merchants 1037         2202 

...                 ,                 ,            (  1081         2391 

ways  and  means  committees,  examining  treasurers  accojints. . . .  ■,  -„„.         „,„r 

same — Comptroller  and  Fund  Commissioners 1082         2392 

to  have  access  to  Auditor's  books  and  information 1088         2418 

Comptroller  has  seat  in,  but  no  vote 1089         2427 

books  of  Treasurer  open  to  inspection  of 1092         2439 

MUNICIPAL  OWNERSHIP— 

of  lighting  plant — See  Lighting  of  Streets.  Public  Places  and  Puh- 

lie    Buildings. 

of  locomotive,  etc.,  for  water  works 9S2         1962 

MUSEUMS— 

_                                                           I  1051         2270 

■    i  1051         2271 

„               ,                 ■  ,             .                       '                                                  '  1052         2274 

licenses   for,    provisions,    etc <  -in^o        2''81 

I  1053         2282 

I  1054         2283 
See  Exhibitions  or  Shows. 

MUSIC— 

bands,  when  prohibited  on  streets,  see  Misdemeanors. 
hand  organs  and  other  instruments,  etc,,  prohibited,  see  Miide- 
meanors. 

in  parks,  provisions  concerning 999         2034 

exhibitions  for  gain,  license 1051         2271 

N 

NAPTHA—  I"'-"-        ^KC. 

(  013           233 

how  guarded   -j  g]^3          234 

NATATORIUM— 

See  Swimming  Schools  and  Baths. 

NITRO-GLYCERINE— 

regulations    concerning    551-553        19-26 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1263 


C  Index  to  Charter  and  Notes,  pp.  463-542. 

J  Index  to  Scheme,  pp.  279-286. 

(  Index  to  S/n<e  Laws  for  St.  Louis. pp. 225-256. 


NOTICE—  PVOE. 
of  oompllauce  with  building  code  laws — See  BiiiUIinfis. 

that  new  theatre  building  does  not  conform  to  ordinance 007 

where  building  Is  dangerous  or  unsafe '  ^^^ 

[  GIO 

to  remove  structures  beyond  wharf  line 643 

In  case  of  obstruction  of  harbpr  by  wreckage G44 

where   wharf  obstructed   by   goods G4() 

to  owner  of  cow-stable  or  dairy  which  Is  nuisance GS3 

of  prohibition  of  sale  of  milk  from  diseased  cows CS4 

to  connect  privies  and   vaults  with  sewers 091 

to   reconstruct   or  connect   vaults,   etc 692 

before  conviction  of  nuisance  on  premises 698 

to  abate  nuisances — See  Nuisance. 

In  case  of  contagious  or  infectious  diseases — See  Contagious  or 
Infectious  Diseases. 

of  quarantine   740 

of  district  to  be  benefited  In  street  opening  cases 752 

to  property  owner  to  repair  sidewalk 758 

to  property  owner  to  repair  alley 759 

to  remove  obstruction  from  highways 769 

to  remove  obstruction  by  i>ublication.  when 769 

of  change,  alteration,  etc.,  of  poles  or  wires  in  streets '  '^^ 

to  remove  dead  electric  wires 793 

to  fill  or  fence  excavations 811 

to  properly  locate  gas  and  water  stop-cocks 812 

to  property  owners  to  select  shade  trees 814 

and  process  in  Police  Court  cases,  to  be  on  City  Attorney  for  city  S27 

Of  special  session  of  Municipal  Assembly ■  °'t'l 

I  oOu 

to  Mayor  of  Installation,  from  Municipal  Assembly 8C5 

that  dogs  must  be  muzzled 899 

of  charges  to  be  served  on  suspended  elective  officer 909 

I  909 

to  council  of  removal  or  suspension  of  officers <  q  " 

of  escaped   work-house   prisoners 921 

of  fenders  for  street  cars 958 

of  brakes  for  street  cars 959 

to  repair  street-car  tracks 960 

of  report  use  of  railroad  way  by  another  company 9G4 

to  Mayor  of  surrender  of  street  railway   franchise 965 

of  special  meetings  B.  P.  I /  ' 

no  action  without  notice  to  absent  commissioners 969 

of  proposed   meeting  of  B.  P.   I.  to  consider  street  or  alley   im- 
provement,   etc 969 

of  hearing  of  complaints  against  defective  public  work 972 

of  lettlngs  for  public  work — See  Public  Work;  Advertisements. 
of  difference  between  return  and  assessment  of  personal  property 

for   taxation    1011 

of  completion  of  books  In  assessor's  office 1011 

by  publication  of  merchants  and  manufacturers  provisions  as  to 

license  taxes — See  Puhliratinn. 

prior  to  revocation  of  ticket  broke^8  license 1044 

by  license  collector  to  street  railways  to  pay  license 1049 

of   hearing   before   B.    P.    I.   to   compel   connection    with    private 

sewers    1061 

of  Inspection  of  boilers  ten  days  in  advance 10G7 

of  change  of  employment  from  licensed  engineers 1072 

of  defects  in  elevators  from  Inspector 1074 

of  plans,  etc.,  and  contract  for  building  new  boilers  or' elevators.  1074 


SEC. 

210 
216 
217 
350 
355 
302 
522 
529 
576 
578 
591 


821 
878 
904 
910 
934 
935 
1124 
1183 
1151 
1239 
1244 
1255 
1302 
1379 
149G 
1491 
1644 
1697 
1692 
1703 
1757 
1874 
1877 
1882 
1897 
1900 
1905 
1906 
1914 

1918 
1927 
1928 


2095 
2096 


2234 
2262 

2311 
2329 
2349 
2361 
2363 


1264 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


Index  to  Charter  and  Notes,  pp.  463-542. 

Index  to  Scheme,  pp.  279-286. 

Index  to  i<tate  Laics  for  St.  Louis,  pp.  225-25G. 


NOTICE— Continued.  page. 
by  Comptroller  to  parties  whose  property  city  acquired  under  Spe- 
cial Tax,  to  be  redeemed 1091 

f  1102 

I  1105 

in   connection   with   water-pipe   attachments •',  1106 

I  1108 
1 1109 
NUISANCE— 

general  note  of  decisions  on,  see  note  to  heading  of  Chap.   11, 

Art.    12    693 

.,     f  /  647 

on   wharf    •;  y^., 

/  657 

on  scavenger  dump -1  g^g 

right  of  Health  Commissioner  to  declare  and  abate \  „„_ 

when  dairy  or  cow-stable  to  be  deemed ■.  „„„ 

notice  and  hearing  whether  dairy  or  cow-stable  is 683 

abatement   of,   dairy   or   cow-stable ;  g,^„ 

f  691 

privies  and  water-closets,  when 691 

I  701 

powers  of  city  respecting  nuisances  in  general — See  note  to  Chap. 

11.  Art.  12 693 

decisions  on  obstructions  to  streets  and  highways — See  same  note  693 

sinks,    basins,    etc 697 

when  stable,  stall,  shed  or  apartment  constitutes 697 

hogs  and  cows  not  to  be  kept  in  pens  so  as  to  constitute 697 

hogs  and  pigs  in  pens  are,  when G97 

nauseous  liquid  matter,  filthy  water,  etc.,  when 697 

putrid  meat,  vegetables,   offal,  ashes,  garbage,  etc 698 

notice  before  conviction  of  filthy  premises,  etc 698 

f  699 

when  owner  or  agent  of  buildings  liable  for •  g^g 

burning  of  straw,  etc.,  when.     ( See  Fires. ) 699 

dead  animals  as,  see  Dead  Animals. 

dead  animals,  filth,  rubbish  on  streets 699 

slaughter  houses,  when — See  Slaughter  Houses. 

green,    unsalted    hides,    constitute 700 

bone,  fat,  glue,  rendering,  etc.,  is 700 

soap,  candle,  glue,  sausage,  manure,  coroded  lead,  factories,  when 

constitute    "00 

filthy  drains,  garbage  and  manure  boxes  as 701 

garbage  and  offal,  when — See  Garbage. 

foul  liquids  not  to  be  drained  into  ponds,  etc 701 

putrid  fat  or  stinking  grease  or  rendering  same 701 

regulations  as  to  garbage  and  swill  carts,  etc 702 

refuse,  rags,  waste,  etc.,  on  lots 701 

(  701 

throwing  matter  into  sewers,  or  creating ._.,. . . .  ■>  j^Qg^ 

when  tenement,  boarding  house,  etc.,  to  be  deemed 702 

leaking  from  defective  pipes,  etc 702 

f  702 

ponds,   when    j  ■jqj^ 

pond,  how  abated,  notice,  hearing,  etc 710 

pond,  expense  draining,   filling,   etc 712 

discharge   into  street   of  filthy   water,   etc 703 

wells  and  cisterns,  when 703 

weeds,  when    ''^^•^ 


SEC. 

2434 
2482 
2491 
2495 
2510 
2512 


367 

19(i4 
410 

1964 
450 
636 
521 
585 
522 
522 
523 
574 
575 
612 


584 
585 
586 
588 
589 
590 
591 
595 
596 
597 

598 

603 
604 

605 
606 

608 

609 

614 

610 

611 

2318 

(  612 

\  613 

615 

616 

638 

648 

659-661 

617 

618 

f  619 

(  623 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


12G5 


■  Index  to  Charter  and  Notes,  pp.  463-542. 

Index  to  Scheme,  pp.  279-286. 
.  Index  to  State  Laws  for  Sf.  Louis, pp.  225-256. 


NUISANCE— Continued. 

ordinance  required  tor  stone-quarry,  briclt-lvlln,  soap  factory,  gar- 
bage or  rendering  worlis,  Ilvery-stable,  automobile  worlis,  etc. 

same — exieptions,  what   builciings  so  used 

manufacturing  injurious  articles,  or  emitting  bad  smells,  etc.... 

in  general  defined   

penalty  for  violating  provisions  of  article  on 

dead  wires  which  are 

meat-shops  to  be  kept  clean  and  free  of 

when  meat  shops  are 

when  smoke  emission  is  a — See  Smoke. 

ahatement  of. 

by  Health   Commissioner 


I'.VGK. 

704 
705 
705 
705 
706 
793 
S63 
863 


••■I 
of  dairy  or  cow  stable ■* 


decisions  on,  see  note  to  heading  of  Chap.  11,  Art.  12. . . 

on   filthy   premises ■' 

duty   of   police 

power  of  police  and  employes  of  Board  of  Health  to  enter 

premises    

Board  to  confirm  Health  Commissioner's  actions  in  declaring  f 

nuisance    \ 


notice  to  abate,  hearing,  etc.  (see  also  below). 


penalty  for  failure  to  abate. 


Health  Com'r.  to  report 

action  of  Board  of  Health  on  report 

Board  to  direct  abatement  work,  and  how  paid  for.  . 
President  Board  Pub.  Inipts.  controls  abatement  of. 
when  President  B.  P.  I.  to  direct  work 


manner  of  service  of  notice  to  abate. 


appearance   at    trial, 
order  to  abate 


abatement  of  pond  nuisances,  notice,  hearing,  etc. 
proceedings  to  abate,  in  general ... 


Health  Com'r  to  keep  record  of  abatements 

apportioning  cost  of  abatement 

apportioning  cost  abating  pond  nuisance  by  drainage 

same  where  abated  by  filling 

same  where  both  drained  and  filled 

President  Board  Pub.  Imp.  to  contract  to  abate,  when 

defective  drainage,  sewers,  vaults,  cesspools,  etc.,  expense.. 

cost   of  abatement,   how  certified 


f    7 
penalty  to  abate J    i 


f 


cost  of  abatement  when  charged  as  special  tax 

decisions  on  charging  as  special  tax — see  note  to  sec.  655... 

abatement  cost  special  tax  lien 712 


665 
707 
683 
683 
693 
69S 
709 
706 


706 

707 

708 

707 

709 

709 

711 

70S 

710 

711 

70S 

710 

70S 

710 

70S 

973 

709 

709 

709 

711 

711 

709 

709 

710 

707 

710 

710 

to 

711 

711 

711 


712 
712 
712 
712 
712 
712 
712 
713 
713 


.SEC. 

025 

626 

627 

628 

630 

1151 

1477 

147S 


450 
636 
522 
523 

590 
042 
031 

632 
C36 
639 
637 
642 
644 
651 
637 
647 
653 
C3S 
649 
639 
650 
640 
1935 
641 
643 
644 
652 
654 
645 
646 
647 
637 
648 
649 
to 
653 
655 

(  656 
'(  658 
65T 
658 
659 
660 
661 
662 
662 
664 
666 


12CG  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

Index  to  Charter  and  Notes,  pp.  463-542. 

Index  to  Scheme,  pp.  279-286. 

Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

NUISANCE— Continued.  page.        sec. 

special  tax  bills  for.  how  made  out 713          G67 

contractor,  abating,  right  of  entry  to  premises 713          668 

contracts  for  work  for  abating,  special  tax  bills,  how  issued  713           G69 
burying  dead  animals  in  city — See  Dead  Animals. 

removal  and  abatement  by  Mayor 867         1500 

abatement  of  smoke-nuisance — See  Smoke. 

NUMBERING  OF  HOUSES— 
See  Houses. 

NURSES- 

See   St.  Louis  Training  School  for  Nurses.    Also  names   of  the 
city  institutions. 

supervisor   of    726           743 

qualifications  of  supervisor   of    727           745 

salary   of   supervisor   of    727           745 

salary    of    750          872 

rules  for  selection  of,  ord.  23001  in  appendix 1142 

o 

OATH— 

by  clerks   of  Police  Courts 820         1273 

by  party  acting  for  disqualified  marshal  selecting  jury 825         1288 

of  jury   in   Police   Court .• 825         12S9 

to  be  taken  by  all  officers 906         1675 

filed   with  Register 906         1679 

administered  by  President  Board  Pub.  Improvements  on  hearing. 

defective  work   973         1930 

administered  by  President  Board  of  Assessors 1009         20S1 

of  district  assessors  to  reports 1009         20S3 

of  Builder  on  Board  Equalization 1013         2101 

I  1032         '^186 

■    of  manufacturers  to  license-tax  statement ■  ,„o,         oioo 

of  merchant  to  license-tax  statement 1035         2197 

required  of  pawnbrokers 1039         2210 

Auditor    may    administer 1086         2409 

OATS— 

to  be  sold  by  what  measure 1118         2551 

OBSCENITY,  OBSCENE  ADVERTISING  OR  PICTURES,  ETC.     See 
Misrlemeanors. 

OBSTRUCTIONS— 

fire-escapes  and  stairways  to  be  free  of 584           140 

aisles  in  theatres  and  public  assembling  places  to  be  kept  free  of.  60S          212 

in  river,  city  cannot  place,  note  to  sec.  345 636 

east  of  eastern  wharf  line 643          349 

in  harbor  by  wrecked  boats,  proceedings 644          355 

of  wharf  by  goods,  etc.,  how  removed 645          361 

of  wharf  in  general,  misdemeanor 647          367 

of  wharf  to  be  removed,  penalty  for  failure 647          368 

i-  (?  c  1                 ^  Q  9 

by  sinking  or  wreckage  of  wharf-boats,  docks,  landings ■  ggo           ogi 

by  sunken  ferry-boat CGI          431 

of  wharf  and  levee  to  be  prevented  by  Harbor  and  Wharf  Com'r.  982         1964 
of  highway,  when  a  nuisance — decisions  on — see  note   to   Chap. 

11,    Art.    12    696 

to  navigation  in  Mississippi- — see  note  to  sec.  345  and  note  to  Ch. 

11.   art   12    696 

in  streets  to  be  guarded  by  danger-signal,  etc 763          924 

temporary,  of  streets,  while  bviilding,  regulations,  removal,  etc..  765          928 

same  amended,  ord.  22SS5.  appendix 1145-1147 

temporary,  of  streets  and  highways,  see  decisions  and  references 

to    sec.    928 767 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


12G7 


(Index  to  Charier  and  Notes,  pp.  4G3-542. 
Index  to  Scheme,  pp.  279-2SG. 
Index  to  tilate  Laws  for  St.  Loiiin.  i)p.  225-256. 

OBSTRUCTIONS— Continued.  i-.uiK.  .skc. 

temporary,  power  of  Street  Commissioner  to  remove 706  928 

and  rubbish  from  burned  buildings  on  sidewallv 70S  929 

of  sidewallis,  by  mercliandise,  projecting  siKus,  tlirowing  articles 

on.  etc 800  1216 

in  hiiihways.  preliminaries  for  removal,  Street  Commissioner,  etc. 

who  to  act.  etc 768  932 

In  highways,  duties  of  City  Counselor,  Mayor,  Marshal 769  933 

unauthorized,  in  highways,  misdemeanor 808  1224 

notice  to  remove  from  streets  and  highways 769  934 

In  highways,  etc..  to  be  removed  by  Marshal,  when 769  936 

special  tax  for  removal  of — See  Special  Tax. 

certain  wires,  etc..  not  placed  underground,  deemed 780  1097 

of  streets  by  steam  railroads  forbidden 948  1857 

of  Poplar  street  by  railroads  forbidden 948  1860 

,1064  2318 

,  701     611 

or  sewers  ^  jpgg    ,321 

(^1065    2322 

OFALLON  PARK— 
See  Parks. 

OFFAL,— 

See  yuisance;  Oarbage. 

OFFENSES— 

See  Misdemeanors. 


OFFICE— 

what  located  In  City  Hall 548 

all.  to  be  assigned  by  Mayor 548 

where,  of  coroner 616 

tenure  of.  not  to  be  affected  by  repeal  unless,  etc 850 

of  Commissioners  of  Charitable  Institutions 913 

of  Boiler  and  Elevator  Inspector  In  City  hall Iii67 

OFFICE  BUILDING— 
See  BuiUlinps. 

height    of,    permitted 567 

floor    area — load    permitted 5C8 

partition  walls  in ' 575 

fire  stops  in  partition  walls  in 575 

stairways   in    582 

flre-escapes    In    583 

strength  of  floors  required  In 592 


1 

2 

247 

1412 

1716 

2331 


71 
75 
107 
109 
137 
138 
173 


OFFICERS— 

See  under  names  of  respective  officers. 
appointed  by  the  Mayor — See  Mayor. 
approved  by  the  Mayor — See  Mayor. 
approval  of  by  Council — See  Cuiini H. 

City  Attorney  to  advise 836 

of  Council  or  House — See  Council:  House  of  Delegates. 
Impersonating,  misdemeanor — See  Police:  Misdemeanors. 

c)uallQcatlons  of  all  officers;  officers  can  hold  only  one  office 906 

commission    required    before   acting 906 

oath  to  be  taken  by  all 906 

bond  to  be  given  by , 906 

approval    of   bond   of 906 

Issuance  of  lomniis.slon.  filing  of  t)ond  and  nalli 90fi 

when  required  to  give  new  bond 907 

when  Mayor  to  send  his  appointments  of,  to  Council  for  confirma- 
tion      9"17 


1339 


1673 
1674 
1675 
1676 
1677 
1079 
1680 

1685 


1268 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


f  Index  to  Charter  and  'Notes,  pp.  463-542. 

<  Index  to  Scheme,  pp.  279-286. 

(index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

OFFICERS— Continued.  page.  sec. 
deputies,  assistants  and   clerks  appointments  must  be  approved 

by  Mayor  before   qualified 907  1686 

removal  of,  by  Mayor — See  Mayor. 

decisions  on  removal  of.  see  note  to  sec.  168G 908 

changing  residence  from  city,  vacate  their  office 908  1687 

leave  of  absence:   effect  if  ab.sent  without  leave 908  1C88 

elections  to  fill  vacancies — See  Elections. 

removal  of,  for  what  acts  or  omissions 909  1691 

fraud,  oppression,  negligence,  favoritism,  etc.,  when  misdemeanor  909  1691 

elective  officer,  when  may  be  suspended  by  Mayor 909  1692 

Mayor  may  fill  place  of  officer  under  suspension 909  1694 

suspension  of  elective,  how  effected,  charges 909  1693 

charges  against  suspended  elective  officer  sent  to  Council,  Special 

Session   of   Council 909  1695 

committee  of  prosecution  to  inquire  into  charges 909  1696 

committee  to  frame  charges,  day  set  for  hearing 909  1696 

charges  and  notice  to  be  served 909  1697 

trial  of  charges  against  elective,  procedure 909  1698 

removal   of  elective,  new  election 909  1698 

proceedings  trial  by  Council  to  be  entered  on  journal 910  1699 

subpoenas  for  trial  by  council  of,   (elective) 910  1700 

depositions  at  trial  of,  in  the  Council 910  1701 

representation  by  counsel  of  accused,  and  of  city 910  1702 

removal  of  appointive,  by  Mayor,  proceedings 910  1703 

appointive,  removed,   how  temporarily   filled 910  1703 

appointive,   removed,   how   vacancy  filled    910  1704 

removal  of- appointive,   by  Council,   when 910  1704 

no  salary  to  officer  during  suspension 911  1705 

removal  of  elective  on  motion  of  Council,  charges,  conditions,  etc.  911  1706 

to  make  return  lists  of  all  property  in  their  charge 911  1707 

to  make  estimates  of  needed  supplies  once  a  mouth 912  1709 

to  prepare  bills,  accounts,  etc.,  vouchers  monthly lOSO  2389 

to  make  requisitions  once  a  month — See  Requisitions. 
vehicles  of,  how  marked — See  Vehicles. 

removal  of,  by  Commissioners  of  Charitable  and   Penal   Institu- 
tions,  conditions,   etc 914  1720 

conniving  at  overcharging  for  vehicles,  etc 943  1842 

accounts  against  city  to  be  vouchered  by,  etc |  ..  „„„  "  (,. 

fiscal,  to  report  to  Comptroller,  etc 1082  2394 

examination  of  accounts  and  books  of  officers  by  committee 10S5  2404 

same,  by  Comptroller 1091  2435 

no  warrant  to,  owing  money  to  city,  nor  to  assignee 1087  2416 

owing  money  to  city  over  ten  days,  what  steps  taken 1087  2417 

Auditor  to  have  free  access  to  books,  records,  etc.,  of 1088  2421 

OIL  WAGONS  OR  TANKS— 

See  Vehicles. 

OPERA  HOUSE— See  Theatre;  Buildings. 


OPIUM  DENS— 

keeping  or  visiting,  misdemeanor. 


872 


1521 


ORDINANCES— 

violation  of,  see  Misdemeanors. 

violation  of,  as  basis  of  cause  of  action,  see  note  to  sec.  1234,  p. 

810 :    also   to   sec.    1S64 951 

violation  of,  proceedings,  in  police  courts 816        1265 

violation  of,  full  note  concerning  nature  of  proceedings S16-S1S 

concurrently  declaring  offenses  with  statutes,  see  note  to  sec.  1265  816 

validity  of.  on  misdemeanors,  see  note  to  sec.  1265 816 

duty  of  City  Counselor  to  pass  on  bills  pending 841         1369 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  126» 

1  Index  to  Charter  and  Notes,  pp.  463-542. 
Index  to  Scheme,  pp.  279-2S6. 

Index  to  slate  Laws  for  St.  Louis,  pp.  225-256. 

ORDINANCES— Continued.  i-.v<iK.  skc. 

bills  for.  pending,  members  of  llunlclpal  Assembly  to  be  advised  (  841  1369 

by    City    Counselor (  851  1413 

bills  for,  what  action  required  by  Mayor 848  1397 

bin  vetoed  by  Mayor,  action  of  Assembly 848  1398 

bills  for,  passed  over  Mayor's  veto 848  1398 

to  be  bound  and  published  by  Register '  .^J?  IH^ 

In  revision  a  continuance  of  existing  ordinances  not  new  enact- 
ments      849  i-:oo 

effect  of  re|)eal  of,  not   to  revive  former S49  1401 

repeal  of  repealing,  does  not  revive  first 850  1411 

repeal  not  to  affect  temue  of  office,  unless,  etc S,")0  1412 

private,  local  or  temporary  to  remain  in  force 849  1402 

f  84*)  140"? 

effect  of  repeal  of,  not  to  affect  existing  or  prior  right  or  suit. . . .  <,  „,„  ;,„. 

(  o4y  14U0 

to  be  numbered,  printed,  etc.,  by  Register !  fi.  IVi'i 

repeal  of,  not  to  affect  offense  or  penalty /  „^„  ^'|„^ 

I  ooO  1406 

"Hereafter"  and  "Heretofore"  how  construed 850  1407 

plural  number,  how  construed 850  1408 

number  and  gender,  how  construed 850  1409 

rules  to  apply,  unless  repiignant  to  meaning 850  1410 

reference  to  "Revised  Code"  sections  sufficient 851  1414 

evidence  of,  pleading,  etc.,  see  reference  in  note  to  sec.  1414 851 

general  note  on  subject  of,  see  reference  in  note  1414 851 

for  public  improvements  to  be  prepared  by  Board  Public  Impts...  !  ^^^  \cn\ 

same,   what   to  contain 970  1919 

for  public  work  to  contain  specific  appropriation 971  1920 

for  work,  estimate  of  cost  endorsed,  by  Pres.  B.  P.  1 971  1920 

to  be  published  within  five  days  of  enactment 1001  2037 

ORDINARIES— 

See  Restaurants  for  all  provisions  on  ordinaries. 

(IRG.AN— See  Hainl  Orfiaii. 

ORPHAN  AS'i'LUMS- 
See  Foundlings. 

OVENS— See  BniUlinrjs. 

installed  in  buildings,  regulations  for 586  150 

OVERCHARGING— 

for  use  of  vehicles — See  Vehicles. 

for  weighing   1124  2568 

for  ferriage   600  425 

P 

PARADES— 

when  prohibited,  etc.,  see  Processions. 

PARK  COMMISSIONER— 

aiipointed    by    Mayor 8CS  1509 

member  of  Board  of  Fine  Arts  Museum 549  6 

when  General  Superintendent  may  act  for.  at  Board  Puo.  Impts.  967  1909 

at  head  of  Park  Department,  has  charge  parks 984  1970 

appoints  General  Superintendent,  qualifications,  and  keepers....  984  1971 

,  984  1972 

other  employes  appointed   by.                                                                ;  ^^^  ^^J^ 


[ 


995  2017 

duties  and  authority  of  Superintendent  of .. .  984  1973 

super\Mses  fish  ponds  and  boating  In  Forest  Park 985  1974 

salary   and    bond   of 990  2000 

salary  and  bond  of  Park  Superintendent  990  2001 


1270 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


(Index  to  Charter  and  Notes,  pp.  463-542. 
^ndex  to  Scheme,  pp.  279-286. 
Index  to  State  Laws  for  St.  Louis,  pp.  225-25G. 

PARK  COMMISSIONER— Continued.  PivoE.        sec. 

horse  and  buggy  of  Park  Superintendent 991         2002 

may  lease  buildings  in  certain  parks '  ^q'         ~  "^ 

powers  concerning  leasing  of  boat  privileges 998         2027 

power  concerning  privileges  of  leasing  for  games,  etc 998         2028 

acceptance  by,  of  donations  to  parks 998         2030 

to  allot  sites   for  statues 998         2031 

in  certain  cases  designate  places  by  name  of  donors 99S         2032 

letting  of  music  in  parks,  regulations 999         2034 

ex-officio   member   of   public    recreation   commission,    ord.    22SG9, 

appendix    1153 

PARK  DEPARTMENT— 

See  Park  Commissioyier:  Parks.  , 

employes — See  Park  Commissioner. 

PARKS— 

See  Park  Commissioner. 

ordinances  for,  to  be  prepared  by  B.  P.  1 968         1913 

under  care  of  Park  Commissioner,  exception 984         1970 

use  of  ponds  for  fish  and  boating  in  Forest  Park 985         1974 

acceptance  of  Fish  Commission  required 985         1974 

use  of  ponds  by  Fish  Commission,  expenses,  etc 985         1975 

names  of  particular  parks  enumerated,  see  note  to   heading  of 

Chap.    25    995 

laws  and  references  concerning  Tower  Grove,  Lafayette,  Forest, 
O'Fallon,  Carondelet,  Forest  Park  Boulevard,  Lindell  Tri- 
angle, and  small  park  sites,  see  note  to  Chapter  25 995 

regulations    for,    what    prohibited 996         2018 

driveways  to  be  followed,  and  no  hearses  or  processions  allowed, 

in  Forest,  Tower  Grove.  Carondelet  or  O'Fallon  Parks 996         2018 

disorderly  conduct  in,  games,  peddling,  advertising,  prohibited  in  997         2019 
applications    for    picnics    in    Forest,    Carondelet    and    O'Fallon 

Parks   997         2020 

cattle  excluded   from,  within  certain   distances 997         2023 

same — except   Forest,   O'Fallon,   Hyde  and   Carondelet   Parks....  997         2023 

keepers  to  be  sworn  as  special  police,  police  to  assist 997         2024 

lease  of  buildings  in  Forest,  Carondelet  and  O'Fallon,  by   Park 

Commissioner   997         2025 

failing  to  lease.  Comptroller  and  Commissioner  to  lease 998         2026 

leasing  of  boating  privileges  to  pi-ivate  persons  for  hire 998         2027 

leasing  privileges  for  games  in  Forest,  O'Fallon  and  Caron- 
delet       998         2028 

proceeds  of  leases,  how  credited 998         2029 

acceptance  of  donations  for 998         2030 

sites   for   statues   in 998         2031 

designation  of  certain  places  by  names  of  donors 998         2032 

donations  for,  when  may  be  removed 999         2033 

music  in,   and   regulations   therefor 999         2034 

penalty  for  violating  any  provision  of  ai-ticle  on 999         2035 

saloons  not  to  be  located   within  certain   distance  of  Lafayette, 

Forest,  Tower  Grove  or  Carondelet 1027         2157 

same — amendment — see    Appendix,    Ord.    22SGS 1158 

same — see  note  to  Sec.  2157 1027 

PARTITION-WALL— 
See  Buildings. 


PARTY-WALLS— 
See  Bxiildings. 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1271 

r  Index  to  Charter  and  Soles,  pp.  4C3-542. 

J  Index  to  Scheme,  pp.  279-28G. 

( Index  to  State  Laics  for  St.  Louis,  pp.  225-25G. 

PAUPERS—  PAGE.  SEC. 

Poor-house   for — See  Poor-House. 
insane — See  Insane  Persons. 

sick  or  indigent  persons,  medicine  for 730  770 

penalty   for  l)ringing  into  city 750  8C9 

fund  for  assistance  to,  or  removal  of SG8        1505 

PAVEM ENTS— See  Sidewatks. 

PAWNBROKERS— 

defined     1039         2209 

license  retiuired,  affidavit  necessary 1039         2210 

bond  to  observe  ordinances  required 1039         2211 

to  lieep  register — what   register  to  contain 1039         2212 

to  give  tickets  to  parties  dealing  with,  what  to  contain 1039         2212 

register  open   for  Inspection   by  whom 1040        2213 

license,  amount   of.  conditions  required,  etc 1040         2214 

cannot  deal  with  minor,  not  between  certain  hours 1040        2215 

shall  not  make  loans  on  parts  of  articles 1040         2216 

statement  to  License  Collector,  where  can  do  business,  agent...  1040         2217 

penalty  for  violating  article  on 1040         2218 

dp,i.«:ions  as  to — See  heading  to  Art.  13  of  Chap.  31 1039 

how  application  for  license  to  be  made 1053         2281 

duty  of  License  Collector  to  make  inquiry 1053         2282 

petition  of  block  residents  required 1054         2283 

PEACE— 

riotous  assemblies,  disturbances  of,  etc. — See  Riots;  Disturbance 
of  Peace:  Misdemeanors. 

PEDDLERS   AND   HAWKERS— 

In   |)arks   prohibited    997         2019 

do    not    Include    farmers    selling    their    produce,    and    ordinance 
so  providing  Is  void  because  conflicting  with  higher  law — See 

decisions  in  note  to  heading  of  Art.  14  of  Chap.  31 1040 

as  to  decisions  defining  terms,  see  same  note. 

peddlers  defined    (but  see  cases  In  above  note) 1041         2220 

hawkers  defined   1041         2221 

license  required  of  peddlers  and  hawkers 1041         2219 

failure  to  obtain  license,  misdemeanor 1041         2219 

amount  of  license,   regulations  as  to  vehicle 1041 

to  have  name,  license,  etc..  on  vehicle 1041 

one  driver  to  assist,   no  more 1041         2222 

1042         2223 


PENAL  AND  CHARITABLE   INSTITUTIONS— 

See  Workhou-ie :  Jail:  Foundlings :  Commi.<isioners  of  Charitable 
and  Penal  Institutions:  PoorHouse:  Insane  Asylum:  Citv 
Hospital:  Dispensaries;  St.  Louis  Industrial  School,  etc. 

PENALTIES— 

See    Misdemeannrs;    Fhies :   Police    Courts. 

authorltv   for  assessing— See  note  to  Sec.  1265 816 


2222 

9909 


f 1042         2223 

penalty   for   violating  article   on \  1042  2226 

I  1043  2230 

I  1042  2224 

regulations  as   to  vehicles  of \  \q\9  2225 

times  when  mav  sell  prescribed,  hours,  and  hucksters  not  to  sell 

what  on  Sunday    10^2         2225 

register  of.  etc..  to  be  kept  by  License  Collector 1042 

term  of  license ^''''J^ 

same,  amended— See  Appendix.  Ord.  22574 I'OO 

power  of  Mayor  and  License  Collector  to  make  exceptions 1043 

same — Ord.   22574    in    Api>endlx 1160 

license  not   transferable    lO'*^ 

without    place    of    business,    how    scales,    measures,    etc.,    tested 
failure  misdemeanor  


2227 
2228 

2228 

2229 

1117    234«-. 


1272 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


{Index  to  Charter  and  Xotes.  pp.  4G3-542. 
Index  to  ticlieme,  pp.  279-286. 
Index  to  titate  Laws  for  St.  Louis,  pp.  225-256. 


PENALTIES— Continued.  p^,,f,, 

jury  in  Police  Courts  to  assess §95  ' 

not   affected   by    repealing   ordinance '  ^''^ 

\  850 

f  900 

wliere    none    specifically    declared t  to 

1  901 

for  escape   from  Workhouse 921 

PENSION— 

for  firemen,   act  accepted 


PENT   HOUSES— 
how  constructed 


PERISHABLE     ARTICLES— See     Fruit,     YefjetaUes,     etc.;     Misde- 
meanors. 

PERFORMANCE— 

See  Theatiical  Performance. 

PERMIT— 

See   Commissioner  of  Puilic  Buildings. 

blank,  issued  by  Register's  office 

required  for  all  work  from  Building  Commissioner 

penalty  for  constructing  or  altering  without 

form   of   application    for 

on  filing  of  proper  plans  and  specifications 

revocation  of  

extension  of 

cost  of  .' 

cost  of,  for  billboards,   signs,   heating  apparatus,  etc 

for  boilers,   ovens   and   furnaces   in   buildings 

for  stoves,  ranges,  heating  apparatus,  etc 

to  operate  new  theatre 

to  discharge  firearms 

to  discharge  fireworks  and  pyrotechnics 

for   excavation   on   wharf 


to  cut  ice,  when  and  how  obtained. 


for  removal  of  carcasses  of  animals. >. 


for  burials 


for  removal  of  body  from  city 

before  landing  passenger  or  freight  from  infected  sections. 
for  opening  graves,  etc.,  required 


for  crematories 


to  abutting  owner  to  construct  sidewalk 

for  cross-walk  

for  private  persons  to  construct  streets,  etc 

for  vaults  under  sidewalks    (see  also   Vaults) ■. 

for  excavations   in   streets — See   Excavations. 

for  temporary  occupation   of  streets,  etc.,  while  building 

for  stationary  awning   < 

for  exception  to  underground  wires,  tubes,  cables,  etc 

to  place  "wires,  etc.,  under  ground,  from  B.  P.  I / 


629 


580 


\  - 


SEC, 

1291 
1405 
1400 
1650 

to 
1653 
1758 

304 
123 


1006 

2063 

556 

42 

557 

46 

558 

47 

558 

49 

559 

51 

559 

53 

560 

54 

560 

54 

586 

150 

587 

151 

607 

210 

612 

228 

612 

229 

64S 

3G9 

689 

558 

to 

to 

690 

568 

(•  679 
\    680 
i  681 

715 

720 

701 

720 

702 

743 

829 

747 

S57 

744 

837 

745 

846 

741 

S22 

745 

844 

749 

866 

749 

867 

749 

868 

757 

901 

758 

902 

761 

917 

761 

919 

973 

1933 

765 

928 

777 

11190 

777 

1091 

779 

1095 

781 

109» 

782 

1102 

INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1273 


r  Index  to  Charter  and  Notes,  pp.  463-542. 

•^  Index  to. S'l'heme.  pp.  279-2SG. 

( Index  to  Stale  Laws  for  tst.  Louis,  pp.  225-256. 


PERMIT— Conlinued.  paoe. 

no  permit  for  wires,  conduits,  etc..  until  ordinances  accepted....  785 

for  stringing   wires,   cables,   tubes,   to   authorized   companies....  787 

for  stringing  wires  on  telegraph   and   telephone   poles 787 

none  for  immoral  wiring  connections 789 

for  jilanting,  trimming,  destroying  or  injuring  trees,   from   For- 
ester    814 

for  interfering  with   roots  of   trees,  etc 814 

for  market-stands,  transfer  of,  etc. — See  Markets. 

for  parades,  processions,  bands  of  music  in  streets S7S 

for  carrying  concealed  weapons,  required S79 

for  any  show,  exhibition,   flying  horses,  etc.,   required XiA 

for  picking  rags,   required 889 

in  connection  with  plumbing  and  drainlaying 927 

in  making  attachments  to,  or  altering,  repairing  pipes  of  Water- 
Works,  see  M'ater  Conneetions. 

for  vaults   under  sidewalks,   and   sign-i)osts /    I'.'i 

(      t  ul 

for  weighing  scales  973 

for  picnics — See  Parks. 

for  sewer  and  water  connections  required 930 

(1058 
for  sewers  of  all  kinds  and  connections  therewith J    980 

I    930 

same — what   to  contain 1058 

no.  for  sewer  connection  until  sewer  special  taxes  paid 1059 

same — validity  of  section  sustained — See  note  to  Sec.  2304 1059 

no.    to   connect   with   certain    sewers   while   constructing,   except 

under  certain  conditions 1059 

work  done  on  sewers  without,  effect  of,  damages lOGO 

from  B.  P.  I.  to  connect  with  private  sewer,  how  obtained 1061 

plumbers  not  to  allow  others  to  get,  in  plumbers'  names 1112 

none  to  plumbers  for  taps,  fine  unpaid  or  bond  not  renewed....     1112 

PESTILENCE — See  Cunlariious  and  Infectious    Diseases,    etc.;  Epi- 
tiem  ics. 

PETROLEUM— 

f  613 

regulations  concerning  ]  613 

I  613 

removal  from  wharf 645 

PHOTOGRAPHIST— 

('1051 
license  provisions  concerning \     to 

I  1054 
defined   .  1051 

PHYSICIANS— 

on   Board  of  Health 662 

list  of.  kept  by  Board  of  Health 6G3 

to  be  furnished  to  druggists  on  application 687 

to  report  births,  deaths,  etc 719 

practice  of  medicine  or  surgery — See  Mcrlii  ine  and  .s'urj/erj/. 
practicing    without   compliance   with    article — See    .Medicine   and 
Siirjiery. 

to  sign  death  certificates...  742 

to  sign  burial  certificates 720 

burial  without  certificate  of.  forbidden   720 

certificates  to  Insanity — See  Insane  Persons 728 

ilisnensary.  duty  as  to  insane — See  Insane  Pcrsiins. 
duties  in  cases  of  contagious.  Infectious,  etc.,  diseases — See  Con- 
tagious or  Infectious  Diseases. 


.«EC. 

1111 
1119 
1120 
1128 

1257 
1258 

1540 
1549 
1593 
1606 
1604 
1793 


1933 

919 

1934 

1798 
2303 
1955 
1798 
2303 
2304 


2305 
2307 
2311 
2525 
2526 


232 
233 
234 
360 


2270 

to 
2285 
2271 


437 

441 

547 

f  694 

■(  695 


827 
701 
702 
755 


1274 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


f  Index  to  Charter  and  Notes,  pp.  463-542. 

J  Index  to  Scheme,  pp.  279-2SG. 

(index  to  State  Laivs  for  St.  Louis,  pp.  225-256. 


PHYSICIANS— Continued.  page. 
in  cases  of  consumptives — See  Contagious,  etc..  Diseases. 

certificate  in  case  of  cremations 749 

city,  salaries  of 750 

employed  to  stay  at  workhouse 922 

at  workhouse,  duties,  powers 922 

PICNICS— 

in  parks — See  Parks. 

PIGEON-DROPPING — 

persons  engaging  In,  when  vagrants S96 

defined   897 

PIERS— 

See  Buildings. 

PILING— 

in  construction  of  buildings 56S 

PIPES— 

See  BniUlings :  Water-Connections;  Sewers. 

draining  water  from  roots  into  sewers 578 

gas  and  water,  in  buildings 581 

sewer  and  waste  pipes,  connections  with  sewers,  etc 1063 

smoke,    in    buildings,    regulations . . '. 587 

hot-air,   registers,   steam,   etc..   In   buildings 587 

connecting  gas — See   Oas   Connections. 

connecting  water — See   Water  Connections. 

down  spouts,  etc.,  how  to  be  constructed,  failure  is  misdemeanor      806 

connections,  etc.,  included  in  term  plumbing 930 

breaking,  city  not  to  be  liable 961 

laying  of,  extending,  excavating,  etc.,  ordinances  to  be  prepared 

by   B.    P.    1 968 

through  which  steam  passes,  how  connected  with  sewers 1064 

cutting  off  water  pipes,  when  and  by  whom 1102 

attachments    with    water-works    pipes,    etc. — See    Water    Connec- 
tions. 
repair  of  water-works,  etc. — See  Water  Connections. 

PISTOL  GALLERY— 

See  Shooting  Galleries.  -^_-      ^- 

PITCH— 

boiling,  etc 611 

PLANS   AND   SPECIFICATIONS— 
See  Buildings ;  Plumbers.    ■ 
to  be  prepared  by  Building  Commissioner  for  public  Iniildings..       550 

of  street  improvements  proposed 969 

and   profiles   for   location   and   graduation   and   establishing,  etc., 

streets,    Street    Commissioner's    duty 975 

for  sewers  and  extensions  prepared  by   Sewer  Commissioner....       980 
relating  to  harbor  and   wharf,   prepared   by  Harbor  and  Wharf 

Commissioner 982 

of  contracts   for  building  boilers   or  elevators   to   be   shown   In- 
spector          1074 

PLASTERING— 

in  buildings — See  Buildings. 

PLATS— 

in  street,  etc.,  openin,gs — See  Streets  and  Highicays. 

accompanying  application  for  lease  of  unimproved   wharf 052 

In    street    obstruction    cases 769 

to  be  filed  by  users  of  electric  wires,  cables,  tubes,  conduits,  etc.       786 

r    969 
endorsed   by  President   Board   Public   Improvements ■,'    ^gg 


SEC. 

865 

872 

1765 

1766 


1632 
1633 


76 


116 
134 
2314 
153 
153 


1215 
1799 
1884 

1913 
2316 
2483 


223 


12 
1918 

1945 
1955 

1964 

2363 


3S3 

932 

1118 

1913 

1917 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1275 

r  Index  to  Charter  and  Notes,  pp.  4G3-542. 

■j  Index  to  Scheme,  pp.  279-28G. 

(index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

PLATS— Continued.  page.  sec. 
of  subdivisions  or  dedication  of  streets,  etc.,  to  be  submitted  to 

B.  P.  1 9C9  1917 

In  Recorder's  office 100:t  2051 

in  Assessor's  office,  duties,  regulations '  J']''^        I'^fh 

PLAYGROUNDS— 

See  note  to  heading  of  Chap  22a 931 

PLEADING— 

summary  and  Informal  In  Police  Courts — See  Police  Courts. 
ordinances,  what  requirefl,  etc. — See  reference  In  note  to  Sec.  1414       851 

PLUMBERS— 

ordinances  affecting — See  Plumbing. 

Board  of  Examiners  of,  powers  and  duties  of  Board,  term,  com- 
pensation, rules,  Secretary's  duties,  qualifications  of  licensees, 
registering  of  plumbers,  plumbers  licensed  in  other  cities, 
examination  fees,  power  to  revoke  licenses,  penalty  for  vio- 
lating ordinances,  amendments  of  plumbing  ordinances,  ap- 
lieals   from    Board,     etc. — See   new     ordinance   in   Appendix. 

No.    2,'5007    1150-1153 

registration  of  (prior  to  present  Ord.  23007)   with  B.  P.  1 92G         1788 

suspension  or  cancellation  of  certificate  of,  by  Board  Pub.  Impts.       926         1789 

authority  In  general  over,  by  Board  Pub.   Impts 92G         1790 

Supervisor  of  Plumbing,   office,  qualifications,   etc 92G         1791 

Supervisor  of   Plumbing,   subordinates,   etc 926         1791 

salaries  and  bonds  of  Supervisor  and  subordinates 927         1792 

duties  and  powers  of  Supervisor  of  Plumbing,  under  whose  con- 
trol make  reports,  inspections,  approval  of  plans,  connec- 
tions,   etc 927         1793 

under  control  of  Supervisor,  violation  of  ordinances  to  be  prose- 
cuted         927         1793 

removal  of  Supervisor  of  Plumbing  by  Board  Pub.  Impts 928        1793 

to  be  registered,  bonds  for 928         1794 

duties  of  registered,  requirements  for  signs,  unlawful  when  sus- 
pended, give  names  of  men,  etc 928         1795 

registered   to  file  |>lans,  etc 928         1795 

or  sewer  builders,  journeymen,  certificate  required,  etc 929         179G 

deposit  fund  of  registered,  fees.  Inspection 929         1797 

connections  sewer  and   water,   permit,  etc 930         1798 

plumbing  and  dralnlaylng  defined 930         1799 

right  of  entry  of  Supervisor  of  Plumbing,  Into  premises 930         1800 

violation   of  provisions  concerning,  penalty 930        1801 

Supervisor  of  Plumbing  may  require  water-closets  to  be  supplied 

from   tanks    10G3         2314 

suit  on  bond  of  for  defective  sewer-plumblng 1060        2307 

violation  of  chapter  on  sewering,  penalty 10G5        2322 

desiring  to  connect  with  or  alter  city  water-works  pipes,  requi- 
sites— See   ^\'ater  Connections. 
Supervisor  of  Plumbing  to  give  certificate  before  allowing  water 

connections    1108         2507 

after  testing  new  work,  to  shut  off  water 1111         2520 

shutting  off  water  for  repairing,  fees  to  be  paid 1111         2520 

work  to  comply  with  regulations  of  B.  P.  I.  and  to  be  approved 

by  Supervisor  of  Plumbing 1111         2521 

to   make   weekly   return   of   work 1112         2524 

not  to   permit  others   to  use  their  names  or  get   permits,  or  to 

have   water   turned   on,   etc 1112         2525 

no  permit  for  taps  to,  while  fine  unpaid  or  bond  not  renewed. . . .     1112        2526 

PLUMBING— 

defective,  etc.,  when  nuisance,  how  replaced,  etc •'  I  _  *'^- 

1  713  665 
and  draining  department  under  suiiervlslon  of  Board  of  Public 

Improvements   926  1787 


1276 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


{Index  to  .^tate  Laws  for  St.  Louis,  pp.  225-2.56. 
Index  to  Charter  and  Xotes.  pp.  463-542. 
Index  to  Sc?ie«!e,  pp.  279-2S6. 


PLUMBING— Continued. 

plumbers — See  Phnnbers.  page.        sec. 
powers  of  B.   P.   I.  over — See  Plumhers. 
Supervisor  of — See  Plumbers. 

defined   930         1799 

violation   of   article   on 930         ISOI 

and   sewering — See   Seivers. 

connections — See   Seicers:  Water  Connections. 

provisions  of  ordinances  concerning  can  only  be  varied  by  B.  P.  I.  10G4         2317 

regulations  concerning,  connected  with  sewering — See  Seicers. 

where  water-meters  used  only  one  connection  with  main  allowed  1106         2495 

defective,  permitting  waste  of  city  water 1101         2474 

PLUMBING  AND  DRAINLAYING— 

See  Plumbers:  Draintaying  and  Drainlayers. 

POISONS— 

See  Drugs. 

regulations   for  sale   of 6S7           545 

sales  to  minors  forbidden 687          545 

to  be  sold  only  on  prescriptions  or  permit  from  Board  of  Health  687          548 

for  external   use,   regulation   of 687          549 

penalty  for  violations  of  article  regulating 6SS           550 

POLES— 

of    Fire   and    Police   Telegraph    Department j  g^^          oij 

telegraph   and    telephone — See    Telegraph   and   Telephone   Poles; 
Electric  Wires.  Tubes.  Conduits,  Cables  and  Poles. 

POLICE— 

to  report   violations   of  building   oi-dinances 611          220 

telegraph — See  Fire  and  Police  Telegraph  Department. 

to  send  fire  alarm   631          315 

Chief  to  report   condition   of  gas-lamps,   etc 636          343 

to  arrest   persons   cutting  ice   without   permit 690           5G7 

to  prosecute   violation   of   vault   and   privy   article 692           581 

to  watch   for  nuisances   by  filth   on   premises,   etc 698           592 

to  watch  for  throwing  filth,  etc.,  on  streets 699           599 

to  report  violations  of  weed-cutting  ordinance 703           622 

to  report  nuisances  706           631 

power  to  enter  premises  to  find  nuisance 706          632 

duty  to  report  burial  of  dead  animals  in  city 714          675 

duty  to  report  finding  of  carcasses 714          676 

same,  under  present  ordinance — See  Ord.  22580  in  Appendix....  1141 

duties  to  report  garbage  on  premises 718          692 

regulations   and    provisions    as    to    insane — See   Insane   Persons. 

duty  to  notify  Health  Commissioner  of  contagious,  etc.,  diseases  737          808 

to  promulgate  quarantine   rules 741           824 

duty  of,  with  respect  to  burials,  etc 748          863 

to  enforce  provisions  against  importing  paupers  and  insane  poor  750          870 

to  enforce  temporary  withdrawal  of  street   from  use 760          915 

to  report  condition  of  streets  and  alleys,  repairing  and  cleaning,  f  769          93S 

and   enforce   street   ordinances '. \  770          939 

to  enforce   provisions    of    article    on    electric    wires,    poles,    con- 
duits, etc 7S9         1132 

to  enforce  provisions  as  to  electric  service  boxes  and  manholes  790         1138 
duty  to  enforce  ordinance  against  spilling  matter  on  highways 

from  wagons,  etc 809         1226 

duty  to  enforce  article  on  City  Forester  and  trees S14         1259 

what  officers  of,  may  take  bail  in  Police  Court  cases 822         1275 

trial   in   police  court   of  persons  arrested   by — See  Police   Court. 
officers  arresting,  to  appear  in  Police  Court  as  witnesses,  with- 
out summons  826         1296 

as  witnesses,  no  fees — See  note  to  Sec.  1297 826 

to  arrest  offenders   of  market  ordinances 857         1442 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1277 


C  Index  to  Charter  and  Notes,  pp.  4C3-542. 

\  Index  to  Scheme,  pp.  279-286. 

i  Index  to  State  Laws  for  St.  Louis,  pp.  225-25G. 

POLICE — Continued.  p.\ge.  sec. 

duty   to  assist   Marshal   impound   cattle 884  1576 

to  enforce  anti-spitting  ordinance 886  loSS 

impersonating  officer,  or  interfering  with   his  duties 888  1598 

to  enforce  ordinance  against  injuring  i)ul)lic  jjroperty,  etc 889  1602 

to  enforce   bird-protecting   ordinance;    violation    misdemeanor...       892  1616 

to  assist  in  smoke  abatement  and   report  violations 895  1629 

Chief  of,  to  report  to  Smoke  Inspector 895  1630 

Chief  of,  to  be  notified  of  escapes  from  workhouse 921  1757 

authorized   to  take  up  unlawful  certificates  of   plumbers,  drain- 
layers  and  sewer-builders 929  1796 

to  enforce  railroad  crossing  ordinance,  gates  and  watchjuen . . . .  947  1854 

deputies  in  Harbor  and  Wharf  Department  to  be  special 983  19G6 

to  report  and  assist  in  convictions  of  violations  of  license  pro- 
visions    1017  2115 

chief  may  Inspect  pawnbrokers'  register 1040  2213 

to  arrest  persons  violating  article  on  peddlers  and  hawkers 1042  2226 

may   require   runners  to  exhibit   license 1046  2244 

Chief  of,   may   inspect   registry-book  of  second-hand  dealer 1058  2300 

to  report  to  Assessor  of  Water  Rates  abuse  of  water  privileges..  1101  2474 

POLICE  COMMISSIONERS— 
See  Polke. 

one  of,  shall  be  member  Board  of  Health !    ogg  j^g^. 

to  promulgate  quarantine  rules 741  824 

to  instruct   police   to   enforce   article  against    importing   paupers 

or  insane  poor 750  871 

(    7fi9  938 

to  report  condition  of  streets  and  alleys <    _„q  •  „,_ 

to  give  ordinances  of  City  Forester  and  Trees  to  all  policemen..       814  1259 

to  receive  advice  from  City  Attorney  or  require  him  to  act....       836  1339 

to  be   advised   by   City   Counselor 841  1368 

Market-Masters  to  apply  to,  for  appointment  as  special  police...       857  1441 

to  notify  owners  of  houses  used  for  immoral   purposes 871  1318 

to  give   copy   of   ordinance   against   injuring   public    property    to 

police  officers   889  1602 

to  license  private  watchmen 912  1714 

duties  respecting  stands  for  certain  vehicles,  etc. — See  Vehicles. 
to  swear  in  deputies  of  Harbor  and  Wharf  Department  as  spe- 
cial police 983  1966 

park-keepers  to  be  special,  regular  police  to  assist  .in  parks 997  2024 

to  endorse  application  for  license  for  pawnbrokers 1040  2214 

to  endorse  api)lieation  for  license  for  runner 1045  2236 

to  designate  space  or  stand  for  runners  at  stations 1046  2245 

to  give  certificate  of  character  to  applicant  for  license  for  sales- 
stable  1047  2254 

POLICE  COURT  SOUTH  OF  ARSENAL   STREET— 
See  Police  Courts. 


POLICE   COURTS— 

established  as  First  and  Second  District.  .  .  815 

Justices  of — See  Police  Justices. 

location   of   First   and    Second    District 

location  of  Police  Court  South  of  Arsenal 

jurisdiction    of,    in    general 

jurisdiction   of   Police  Court  South   of  Arsenal 

jurisdiction  of,  decisions — See  note  to  Sees.  1264,  1265 

jurisdiction  over  suits  for  fines,  penalties,  forfeiture,  for  viola- 
tions of  ordinances 

nature  of  fines,  etc.,  for  violation  of  ordinance  is  civil 

nature   of   actions    In,    how    far   civil    or   (riinin;il — Shm    note   to 

Sec.   1265    816 


1262 


816 

1263 

832 

1322 

816 

1264 

831 

1318 

816 

816 

1265 

816 

12G5 

127S 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


C  Index  to  Charter  and  Notes,  pp.  463-542. 

J.  Index  to  Scheme,  pp.  279-286. 

I  Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 


POLICE  COURTS— Continued.  page. 
See  note  to  Sec.  1265  for  decisions  on  Police  Courts,  etc..  as  to 
necessity  for  arraignment  and  plea,  jury  trial,  imprison- 
ment for  debt,  injunction,  how  cause  entitled,  abatement  of 
proceedings,  burden  of  proof,  intent  only,  punishing  man- 
ager of  company,  ordinances  declaring  offenses  concurrently 
with  State  Statutes,  penalty  in  excess  of  charter  authority, 

etc .".  816-818 

when    judge    should    disqualify    himself 819 

hours  and  days  of  sessions  of 819 

Clerks  of   Police   Court 819 

Clerk  of  Court  South  of  Arsenal  Street 831 

assistant  clerks  of  Police  Courts,  duties,  salaries,   etc 819 

additional    assistant,    duties,    salary,    bond,    etc 820 

clerks  and  deputies,  qualifications,   responsibility  for.  etc 820 

duties  of  clerks  of 820 

trial    and    appeal    dockets    in 820 

reports,  costs,  fee-bills,  fines  by  clerks  of 821 

Clerks  keep  records,  papers,  etc.,  of 821 

clerks  issue  execution  for  fines  or  remove  prisoner  to  workhouse  821 

Clerk  assist  City  Attorney 821 

(  822 

persons  in  custody  to  be  tried  first <  o^r 

(  822 

bail  bonds  in,  when  and  by  whom  taken ■■  o,^ 

bail   bonds,   when    forfeited,    procedure 822 

suits  or  actions  in,  manner  of  bringing 822 

form   of   statement   of  causes  in 822 

sufficiency   of   statements   in 823 

decisions  as  to  sufficiency  of  statements  or  informations  in — See 

note   to   Sec.   1279 823 

no  technical  pleadings  in — See  note  to  Sec.  1279 823 

statement  in  case  of  joint  offenses 822 

no  dismissals  in.  for  formal  defects  in  statement 823 

amendment   of  statement   in 823 

decisions  as  to  amendments  in — See  note  to  Sec.   1280 823 

summons  to  suits  in.  when  to  issue,  how  served 823 

appearance  confers  jurisdiction — See  note  to  Sec.   1281 824 

appearance  does  not  confer  jurisdiotion  on  appeal — See  note  to 

Sec.   1305    828 

trial  of  suits  or  causes  in 824 

cause  abates  by  death  of  defendant — See  note  to  Sec.  1282 824 

proceedings   by    default,    in 824 

trial  of  persons  arrested,  no  summonses,  trial  on  report  of  Chief 

of  Police  824 

decisions  as  to  report  of  Chief  of  Police  to — See  note  to  Sec.  1284  824 
parties   in   custory   for  violating   ordinances   brought   into   court 

each  day,  etc 825 

trial  by  jury,  how  many  jurors,  in 825 

decisions    when    denial    of    jury    in    Police    Court    not    unconsti- 
tutional—Note to  Sec.  1286 825 

jury   in,   venire  for  when   to   issue 825 

when  Marshal   disqualified  to  summon  jury  in 825 

oath   by   jury    in 825 

separate  trials  by  persons  jointly   charged,   when 825 

joint  trials  for  pigeon-dropping 897 

jury  to  assess  penalty,  within  what  limits 825 

what   costs  assessed   on  convictions  in 825 

dismissal    on   payment   of   costs 826 

abatement  of  cause  of  complaint,  costs  paid 826 

when  prosecutor  to  pay  costs  of  proceedings  in 826 

officers  arresting  to  appear  as  witnesses  without  summons 826 

fees  of  witnesses  and  jurors  in 826 

witness  fees  in,  how  claimed  and  paid 826 

continuances  of  cases  in,  when  allowed 827 


SEC. 


1266 
1267 
1268 
1319 
1269 
1270 
1272 
1273 
1273 
1273 
1273 
1273 
1273 
1274 
1285 
1275 
1299 
1276 
1277 
1277 
1279 


1278 
1279 
1280 

1281 


1282 
1283 
1284 


1285 
1286 


1287 
1288 
1289 
1290 
1634 
1291 
1292 
1293 
1294 
1295 
1296 
1297 
1298 
1299 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1279 


Index  to  Charter  and  Notes,  pp.  463-542. 

Index  to  ScJieme,  pp.  279-2SG. 

Index  to  Slate  Laivs  forSt.  Louis,  pp.  225-256. 


POLICE  COURTS— Continued.  page. 

application    for   continuances    in 827 

motions  for  dismissal  to  be  made  before  trial,  when S27 

pleas   must   be   before   trial S27 

depositions  in  cases  before S27 

all  process  or  notice  served  on  city  in  cases  in.  to  be  on  City 

Attorney   S27 

absence  of  City  Attorney,  court  appoints  prosecutor 827 

affidavits  for  city  in  cause  originatins  in,  by  whom  made 828 

appeals  from,  go  to  Court  Criminal  Correction 828 

appeals  by  parties  after  commitment,  etc 829 

decisions  and  references  on  appeals  from — See  note  to  Sec.  1305  828 

city    may    appeal    from 828 

decisions  as  to  right  of  city  to  appeal — Note  to  Sec.  130G 828 

execution    for   imposition    of   fine   or   penalty,    when   issued    and 

form  of  '. S2S 

execution,  how  enforced 829 

imprisonment  in  work-house  for 829 

decisions  as  to  executions  from — See  note  to   Sec.   1308 829 

decisions  as  to  staying  executions  from — See  note  to  Sec.  1308..  829 
staying  execution  and  remitting  fines  by  Mayor — See  Mayor. 

appeals  from,  when  and  how   by  parties  committed 829 

appeals    from,    when    defendant    may    deposit    fine    and   costs    in 

lieu  of  bond 829 

when   deposit   for  costs  may  be  required   of  prosecutor  or  com- 
plainant    830 

power  of  justices  to  i)unish   for  contempt — See  Police  Justices. 

collection   from  city   of  costs   in   proceedings  in 830 

no  regular  provisions.  State  laws  as  to  Justices  and  Constables 

govern   830 

persons  fined,  etc.,  to  be  reported  daily  to  Mayor  by  Marshal...  830 

change  of  venue  authorized  by  Sec.  1314— See  note  to  Sec.  1314  830 

{831 
832 

change  of  venue  to  and  from  Police  Court  South  of  Arsenal...  832 

conveyance  to  work-house  of  parlies  committed,  duty  of  Marshal  831 

salaries  of  Clerks  of  Police  Courts ■'    H^ 

Police  Court  South  of  Arsenal   Street,  jurisdiction,  etc 831 

Justice  of.  South  of  Arsenal  Street,  appointment,  salary,  etc 831 

Police  Court  South  of  Arsenal— See  note  to  Sec.  1318 831 

Clerk   of   Court    South   of   Arsenal    Street,    appointment,    duties, 

salary,  bond,  etc 831 

Attorney  for  Court  South  of  Arsenal,  appointment,  powers,  salary  831 

South  of  Arsenal,  Marshal  to  Issue  writs 832 

South  of  Arsenal,  practice,  procedure,  change  of  venue,  appeals 

from,  etc 832 

process  of  all  Police  Courts  to  be  executed  by  JIarshal 833 

City  Attorney  and  assistants — See  City  Attorney. 

trial  of  offenses,  etc.,  not  affected  by  repeal  of  ordinance f    o-n 

Clerks    of.    to    report    convictions    for    overcharging    for    use    of 

public  conveyances   943 

Clerk  to  notify  Mayor  of  second  conviction  of  weigher  in 1122 

Clerk    to    notify    Street    Commissioner    of   second    conviction    cf 

weigher   1127 

POLICE  COURTS  CLERKS   AND  ASSISTANTS— 
See  Police  Courts. 

POLICE  DEPARTMENT— 

See  Police:  Police  Commissinnrm :  PnJicc  Courts,  etc. 

vehicles  of.   how   marked ...  912 


SEC. 

1300 
1300 
1300 
1301 

1302 
1303 
1304 
1305 
f  1309 
\  1310 

1306 


1307 

1308 

(  1308 

I  1309 


1309 

1310 

1311 

1313 

1314 
1315 

1318 
1323 
1323 
1316 
1317 
1319 
1318 
1318 


1319 
1320 
1321 

1323 
1331 

1405 
1406 

1841 
2563 

2583 


1711 


1280  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

("Index  to  Charter  and  Notes,  pp.  463-542. 

}  Index  to  Scheme,  pp.  279-286. 

I  Index  to  State  Laivs  for  St.  Louis,  pp.  225-256. 

POLICE    JUSTICES—  page.  sec. 

absent  or  disqualified.  Mayor  to  appoint  Justice  of  Peace 815  1262 

salary  of  First  and  Second  District 831  1317 

salary    of    temporary 815  1262 

removal   of — See   note   to   Sec.    1262 816 

jurisdiction   of — See   Police   Courts. 

when  duty  to  disqualify  themselves  in  a  cause S19  1266 

•   .        *     .        J     .     ,     ,           .,*,-*               »  '819         1268 

appointment  of,  and  of  clerks,  and  their  terms,  etc „gg         j^^^g 

qualifications  of   820         1271 

Clerks   and   assistants   of — See  Police   Courts. 
proceedings  by — See  Police  Courts. 

may  stay  execution — See  note  to   Sec.   130S S29 

power  to  punish  for  contempt  by  fine  or  imprisonment S30         1312 

when  to  be  governed  by  State  laws  relating  to  Justices  of  the 

Peace   830         1314 

may  require  bond   of  vagrants,  when 897         1636 

PONDS— 

when   nuisances,   and   how   abated — See   Nuisance. 


conditions  of  admission  to 731 


f  1974 
\  1975 


use  of,   by   Fish   Commission,   etc 9S5 

POOL  TABLES— 

C 1051  2270 

license  provisions  concerning \  to  to 

[  1054  2285 

amount  of  license 1052  2274 

POOR-HOUSE— 

two  Fire-Department  men  at 625  285 

what  part  used  for  incurable  insane 727  748 

insane  persons  at — See  Insane  Persons. 

location,  and  for  whose  benefit 731  771 

Health  Commissioner  to  control,  make  rules,  appoint  assistants, 

examine  accounts,  etc 731  772 

f    773 
t    774 

rules  and  regulations  for,  inmates  to  be  employed 731  774 

Health  Commissioner  to  report  annually 731  775 

office  of  Superintendent  of 732  776 

Superintendent  of,  appointment  and  term <  „?„  1509 

powers  and  duties  of  Superintendent 732  778 

'         discharge  of  employes  at 732  778 

bond  of  Superintendent  of 732  779 

Superintendent  qualifications,  give  time  to  duties,  receive  board 

and  washing    732  780 

Superintendent's  salary   732  781 

dairy  at.  to  be  established  by  Health  Commissioner 732  782 

milk  from  dairy  at,  for  poor-house  and  other  institutions 733  7S2 

dairy    at,    how    constructed 733  7S3 

appointment  of  help  for  dairy  at,  by  Health  Commissioner 733  784 

purchase  of  cows  for  dairy  at 733  785 

price  of  milk  from  dairy  fixed  by  Comptroller 733  786 

receipts  and   expenses  of  dairy  at 733  787 

dairy  employes  and  salaries;   inmates  help 733  788 

disposition  of  cows  in  dairy,  becoming  dry 733  789 

separate    accounts    for    dairy,    extraordinary    expense    approved 

by  Comptroller  734  790 

cows   at   dairy   to   be  examined   and   treated   by   city   veterinary 

surgeons    734  791 

removal  of  Superintendent  by  Commissioners  of  Penal  and  Char- 
itable Institutions— See  note  to  Sec.  1720 914 

POPLAR  STREET— 

See  Steam  Railroads. 
POSTAL  TELEGRAPH  CABLE   CO.— 

ordinances  affecting 779  1095 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1281 


(-Index  to  Charter  and  Notes,  pp.  4G3-542. 

J  Index  to.Sc/iewe,  pp.  279-28U. 

( Index  to  titate  Laws  for  St.  Louis,  pp.  225-250. 


POULTRY—  p,^P,P 
See  Meat:  Inspection  of  Meat.  Fish.  Vegetahles,  etc. 

POWDER— 

regulations  concerning 551-553 

PRAIRIE  CHICKEN— See  Game. 

PRESIDENT  OF  BOARD  OF  ASSESSORS— 
See  Assessment  of  Property. 

PRESIDENT    OF    BOARD    OF    PUBLIC    IMPROVEMENTS— 

removal   by,   of  appointees   of   Building   Commissioner 550 

approval  of.  of  appointees  of  Building  Commissioner 551-555 

to  approve  appointees  as  watchmen  for  scavenger  dumps 657 

to  approve  additional  help  to  clean  levee  and  wharf 657 

when   directs  work  of  abatement   of  nuisances 709 

controls  work  for  abatement   of  nuisances 973 

to  contract  to  abate  nuisances,  when  and  how 712 

to  make  out  special  tax  bills  for  abating  nuisances 713 

shall   make  out  all  special   tax  bills,  etc 973 

to  assess  special  tax  bills  for  sprinkling  streets 772 

may  employ  temporary  help,  street  sprinkling  article 775 

to  approve  employes  of  Supervisor  of  City  Lighting 790 

appoints   Supervisor  of  Plumbing 926 

approves  appointment  of  subordinates  of  Sui)ervisor  of  Plumbing  926 

may  call  special  meetings  of  Board  Pub.  Impts 967 

pro  tem.  where  President  disabled  from  attending;   powers 967 

to  appoint  Secretary  of  Board 967 

endorsements  on    plats   of   subdivisions,   dedicated   streets,   etc.,  f  968 

required  I  969 

letting  annual  repair  contract 970 

to  endorse  estimate  of  cost  on  ordinance  for  work 971 

power  to  summon  witnesses  at  hearing  on  complaint  of  defective 

public  work   972 

power  administer  oaths  at  same 973 

furnish  Mayor  decision  of  hearing  on  defective  work 973 

general  duties  of 973 

supervision    over    other    Commissioners    and    departments 973 

shall  pass  on  pay  rolls  of  any  member  of  the  Board 974 

may  appoint  assistant.  Assessor  and  Deputy  Special  Taxes 974 

duties   of   assistant 974 

salaries  and  bonds  of  assistant,  deputy  and  aesessor 974 

(  974 

additional    employes    and    salaries \  991 

[  991 

draughtsmen  for  Special  Tax  Department 975 

privileges  as  to  deeds,  etc 975 

to  approve  appointments  of  Sewer  Commissioner 981 

to  approve   appointments  of  Water  Commissioner 982 

to  approve  appointments  of  Harbor  Commissioner 983 

to  open   bids  for  public  work,  etc 987 

f  9SS 

duties  as  to  notice  and  return  of  special  tax  work  deposit s  g^g 

salary  and  bond   of 989 

salaries   and   bonds  of  employes 991 

PRESIDENT  OF  THE   COUNCIL— 

shall   be  member  of  Board  of  Health 662 

election  of 844 

to  appoint  and  control  janitor 845 

acts  for  Mayor,  when  Mayor  absent  or  disability 866 

acts  as  Mayor,  when   Mayor   removed 908 

issues  subpoenas  in  trials  of  officer  by  Council 910 

when  to  call  special  session  of  Council  to  consider  removal  of 

appointive  officer  910 


19  to  26 


15 

18-36 

407 

411 

641 

1935 

662 

667 

1937 

1080 

1082 

1139 

1140 

1791 

1791 

1905 

1908 

1911 

1913 

1917 

1919 

1920 


1929 
1930 
1932 
1935 
1936 
1938 
1939 
1940 
1941 
1942 
2003 
2004 
1943 
1944 
1956 
/  19G0 
\  1961 
1965 
1985 
1992 
1993 
1995 
f  2003 
1  2004 

437 
1380 
/  1386 
t  1387 
1494 
1689 
1700 

1704 


12S2  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

r  Index  to  Charter  and  yotes,  pp.  463-542. 

J  Index  to  Scheme,  pp.  279-2S6. 

I  Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

PRINTING—  PAGE. 

See  Public  Printing. 

PRISONERS— 

See  Work-House;  Jailer;  Jail;  Police  Courts. 

PRIVATE   SEWERS— 

See  Sewers. 

PRIVATE  WATCHMEN— 

licensed,    how,   conditions   of   employment 912 

PRIVIES— 

See  Vaults.  Privies  and  Water  Closets. 

PROBATE    COURT   AND   CLERK— 

ordinances    affecting,    void    and    repealed — See    note    to    heading 

Chap.  13,  Art.  7 835 

PROCESSIONS— 

when  not  permitted,  music  with S78 

burial  or  other,  when  permitted  with  music S79 

not  permitted  in  parks — See  Parks. 

PROCLAMATION— 

See  Mayor;  Epidemics;  Elections. 

PROFANITY— See  Misdemeanors. 

PROPERTY    (PRIVATE)— 

assessment   of — See  Assessment   of  Property. 

of  prisoners  at  Work-house,  disposition 920 

PROPERTY  OF  CITY— 
See  Public  Property. 

PROSTITUTES— 

See  Misdemeanors ;  Bawdy  Houses. 

PUBLIC  BATHS  AND  PLAYGROUNDS— 

for    special    ordinances,    see    references    in    note    to    heading    of 

Chap.  22a   931 

sites  for  public  bath-houses  selected  by  Board  Pub.  Imp 931 

Public  Baths  Commission,  functions,  appointment,  term,  no  com- 
pensation   : 931 

control   and   employment   of   attendants,   powers   of   commission, 

rules  and  regulations 931 

public  work  for,  to  be  let  by  Board  Public  Impts 931 

new  ordinance  creating  Public  Recreation  Committee,  for  man- 
agement of  playgrounds,  baths,  recreation  buildings,  etc., 
powers,  appointment,  etc. — See  ordinance  22SG9,  Appendix..     1153 

Public  Recreation   Commission  to  furnish   towels  and   soap   for, 

failure  to  return  is  misdemeanor,  Ord.  23171,  note  on  p.  931       931 

PUBLIC  BUILDINGS— 

See  names  of  the  respective  liuildings. 

department  of — Chap.  1,  Art.   1 547 

flags  on  548 

Commissioner  of — See  Commissioner  of  Public  Buildings. 

heating  of 550 

injuring  or   damaging,   misdemeanor 889 

lighting  of — See  Lighting  of  Streets.  Public  Buildings,  etc. 
erection,    repair   and   alterations    of,   controlled   by   Pres.    Board 

Pub.    Impts 973 

PUBLIC  CARRIERS— 

See  Vehicles;  Street  Cars;  Steam  Railroads;  Boats. 


1714 


1540 
1547 


1752 


1802 

1803 

1804 
1S04 


14 
1602 


1935 


IXrtRX  TO  KRVISED  CODE  OR  GENERAL  ORDINANCES 


128S 


{Index  to  Charter  and  Xolcs.  pp.  4G3-542. 
Index  to  t>cheme,  pp.  279-28G. 
Index  to  state  Laws  for  St.  Louis,  pp.  225-25G. 


PUBLIC  HALLS— 
See  Buildings. 

PUBLIC   IMPROVEMENTS— 
See    Public    Work;    Board 
Highways,  etc. 


Puhlif    Improvements;    Streets    and 


PAGE. 


PUBLIC  LIBRARY— 

disinfection  of  books  of 737  80G 

talvinp  books,  papers,  etc.,  from,  misdemeanor 885  1582 

failure   to   return  books,  etc.,  misdemeanor 8SG  1583 

marUins.  nuitilatins,  books,  etc..  misdemeanor 8SG  1584 

tines  to  bo  to  library  fund 8SG  1585 

PUBLIC   PARKS— 
See  Parks. 


PUBLIC   PORTERS— 

to  i)rooure  license,  requisites,  bond,  etc 932  1805 

badge  to  be  worn  by 932  ISOG 

rates   of   fares   by 932  1807 

penalty   for  violating   duties 933  1808 

shall  not  permit  others  to  use  vehicles,  or  badges,  misdemeanor. .  933  1809 

PUBLIC    PRINTING— 

of  proceedings  of  Municipal  Assembly,  register  to  contract  for. .  846  1391 

same  to  be  furnished  to  whom 1002  2043 

procedure  for  letting  of  contract  for  public  printing 999  2036 

same — advertisement,  Register's  duties,  what  advertisement  to 
contain,  bids,  opening  of  bids,  lowest  bidder,  council  to  ap- 
prove,   forfeiture,    deposit,    etc.... 999  2036 

bids   for.  what   to  contain,   rejection   of  bids,  failure  of   bidders, 

temporary    contract,    etc 999  2036 

regulations  for  printing  ordinances.  Mayor's  Messages,  bids   for 

to  accompany  bid   for  city   printing 1001  2037 

ordinances  to  be  published  within  five  days  after  enacted,  also 
pamphlet  forms  of,  etc.;    abstract   of  proceedings  of  Assem- 

blv.  etc 1001  2037 

bids  for  job  printing lOdl  2038 

job  printing,  liow  contracted  for 1001  2038 

proofs,    to    whom    s\ibmitted 1001  2039 

proposals  in  German  to  include  translation 1001  2040 

bond  for   1001  2041 

blank   pages   not   to  count 1001  2042 

„  ^                           ,        „                                                                             <  1002  2044 

Register  to  supervise  all •.  jqqj  2062 

all  city,  and  stationery  to  be  stamped  with  label  of  labor  union  1002  2045 

penalty  for  disregarding  label  provision 1002  204G 

above  provisions  as  to  label  void — See  note  to  Sec.  2045 1002 

PUBLIC    PROPERTY— 

(80S  l""! 

889  160'> 
injuring    or    interfering    with,   connected    with    lighting   city,    is 

misdemeanor  Sll  123G 

Injuring  anything  In   parks  prohibited 99G  2018 

all  officers,  clerks,  etc..  to  make  a  return  list  of  all -property  in 

their    charge,    when 911  1707 

return  lists,  what  to  contain 911  1707 

return  lists,  how  disposed  of 911  1708 

unfit   for  service,  turneil   over  to  Comptroller 912  1710 

vehicles  of  city — See   Vehiilrs. 

Recorder  of  Deeds  responsible  for.  In  his  charge 1004  20,59 

t,i   li.>   Inok.'.l    :ift.i-    I  .iiiiriillf.l    Mini    Tirntectpil   bv   CoiHiitroller .  . .  .  1089  2427 


1284 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


{Index  to  Charter  and  Notes,  pp.  463-542. 
Index  to  .Scheme,  pp.  279-2SG. 
Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 


PUBLIC  PROPERTY— Continued.  page. 

when    Mayor    and    Comptroller    may    quit-claim    property    under]  ^„n.. 

lien  or  bought  in  under  special  taxes 1  .„„„ 

PUBLIC   RECREATION   COMMISSION— 
See  Public  Baths  and  Playgrounds. 
creation    of,    powers,    duties,    authority,    appointment,    etc. — See 

Ord.  22869,  in  Appendix 1153 

PUBLIC    SCALES— 

See    Weighing    Scales:    ^yeights    and    Measures:    Inspector    of 
Weights  and  Measures. 

PUBLIC  SCHOOL  BUILDINGS— See  School  Birildings:  Buildings. 

PUBLIC   SEWERS— 

See  Sewers. 

PUBLIC   WORK— 

See  Streets  and  Hiohways:  Board  Public  Improvements. 

f  923 

when   work-house   prisoners   may   be   employed   on <  g^" 

I  968 

ordinances  for.  to  be  prepared  by  Board  Public  Improvements..  ^^  gg^ 

ordinances  for,  to  contain  specific  appropriation 971 

ordinances  tor,  to  contain  estimate  of  cost  endorsement 971 

conditions  inserted   in   contract   for 971 

complaint  against  defective  character  of— duty  of  Board  Pub.  Imp.  971 

same — cost  of  investigation 972 

same — what  complaint  shall  contain 972 

same — estimate  cost,  deposit,  dismissal 972 

same — consideration    of   complaint,    taking   tesimony.    Board    ap- 
points Commissioners  to  investigate,  etc 972 

(  972 

same — service  of  notice,  hearing,  contents  of  notice •,  gr-g 

same — process  for  witnesses,  deposit 972 

same — hearing,  testimony,  appearances   973 

same — decision  and  vote  by  Board  Pub.   Imp 973 

same— Mayor    given    copy    of    finding 973 

water-works,  when  to  be  let  like  other 981 

each  letting  for,  to  be  numbered  by  Board  Pub.  Imp 985 

advertisement  of  notice   for   letting 985 

what   such   notice   to   contain 986 

bids,    how    made,    regulations 986 

deposit  to  accompany  bid  for,  and  what 986 

same — amount    of    deposit 9S6 

same — how  deposit  conditioned:    extension   of  time 986 

when    deposit    forfeited,    new   bids 986 

disposition  of  deposits  for,  of  successful  and  unsuccessful  bidders  986 

opening  of  bids  for,  by  President  B.  P.  1 987 

rejection  of  bids  for,  for  non-compliance  with  requirements 987 

award   to   lowest   responsible   bidder — who   such 987 

Board  Public  Improvements  may  reject  all  bids  for 987 

contracts   for   secured   by   bond — sureties,   who   good ^ 987 

decisions  on  who  can  sue  on  bond  for — See  note  to  Sec.  1989 987 

signing  and  approval   of  contracts  for 9S8 

contracts  for  special  tax  work,  deposit  required,  to  secure  what,  ^  9^8 

etc.,    when    returned,    etc 1  ^o 

f  989 

contracts  for  grading  and   repairs  let  annually \  97O 

annual  emergency  contract  by  B.  P.  I.  for  sewer  work , 989 

in   connection   with   sewers— See   Seweis. 

PUBLICATION — 

of  notice  to  non-resident  owners  of  unsafe  buildings 610 


SEC. 

2432 
2433 

2427 


1770 
1771 
1913 
1918 
1920 
1920 
1921 
1922 
1923 
1924 
1925 

1926 
1927 
1928 
1929 
1930 
1931 
1932 
1957 
1976 
1977 
1978 
1979 
1980 
1981 
1982 
1983 
1984 
1985 
1986 
1987 
1987 
1988 

1990 
1991 
to 
1993 
1994 
1919 
1994a 


217 


INDEX  TO  REVISED  CODE  OR  GENERAL  OKDINANClOg. 


12S5 


{Index  to  Charter  and  Xotes,  pp.  4C3-542. 
Index  to  .Sche/He.  pp.  279-28C. 
Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 


PUBLICATION— Continued.  paok. 

of  names  of  persons  selling  tainted  food 687 

of  application  for  lease  of  unimproved  portion  of  wharf 652 

......  I    709 

of  notice    to    abate    nuisance -^    .,j^ 

of  notice  by  Health  Commissioner  of  imijure  milk,  etc 684 

notice  by,  to  remove  obstructions  from  highway 7C9 

of  proclamation  for  special  session  of  Miin.  Assem ■!    ggg 

of  proclamation  for  special   election   to   .Miiuicipal   Assembly ....  |    ggg 

of  ordinances   in   book   form 848 

of  letting  of  market-stands 854 

of  printed  rules  and  regulations  as  to  markets 861 

in   newspapers   of   advertisements   concerning   venereal   diseases, 

abortions,  non-conception,  etc 873 

of  order  prohibiting  dogs  to  be  without  muzzles 899 

of  record  of  MuUanphy  Emigrant  Relief  Fund 904 

of  selection  of  stands  for  vehicles 944 

of  notice  of  meeting  of  B.   F'.   I.   to  consider  street  or  alley  im- 
provements           970 

of  ordinances  within  five  days  of  approval 1001 

of  public  documents  and  proceedings  of  assembly 1001 

of  completion  of  Asesssor's  books 1011 

by  license  collector  at  Comptroller's  direction  of  manufacturers 

requirements  for  license  taxes 1032 

same  of  merchants  requirements 1035 

of  notice  of  hearing  to  compel  connection  with  private  sewers.  .  .  1061 
of   notices   of   advertisements    in    supply    department — See    Com- 
missioner of  Supplies. 
of  advertisement   of  sale  of  surplus  or  condemned   supplies   for 

city    1079 


SKC. 

544 

383 

644 

654 

529 

935 

1379 

1496 

1390 

1496 

1399 

1427 

1472 

1525 
1644 
1667 
1846 

1918 

2037 
2037 
2096 

218G 
2197 
2311 


2385 


PUERPERAL  FEVER— 

See  Contafiious  or  Infectious  Diseases. 


PYROTECHNICS— 

prohibited    without    permit. 


o 


QKARANTINE— 

under  charge  of  Health  Commissioner. 

Superintendent   of.   appointment,    term. 


salary  of  Superintendent  of. 


Health  Commissioner  to  prescribe  rules  for 

decisions  concerning — See  note  to  sec.  SIS 

regulations  for.  to  a|)ply  to  whom  and  what 

Commissioner's  rules  to  be  approved  by  Board  of  Health.... 

against  sections  having  contagious,  etc.,  diseases 

in  case  of  epidemics — rules  and  regulations 

notice  of.  how  and  to  whom  given,  penalty  for  disregarding. 

who  may  be  sent  to,  station 

promulgation   of   rules  for 

disregarding  or  resisting  rules  for,  penalty 

location    of    


temporary    help   and    salaries. 

QUARRIES— 

See  Stonequarries. 


612 


229 


665 

450 

723 

717 

868 

1509 

723 

719 

724 

725 

724 

726 

724 

727 

739 

818 

739 

740 

819 

740 

820 

740 

820 

740 

820 

740 

821 

741 

823 

741 

824 

741 

823 

741 

826 

751 

/  874 
t  875 

12SG 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


(Index  to  Charter  and  Notes,  pp.  4G3-5-12. 
Index  to  Hchevie,  pp.  279-2S6. 
ludex  to  State  Laws  for  St.  Louis,  pp.  225-256. 


R 

RAGS—  PAGE 

when   nuisance — See  Kttisance. 

permit  for  picking,  required S89 

dealer   in.  having  no   phice   ot  business,   liow   scales,   etc.,   to  be 

tested — failure    misdemeanor    1117 


1604 


254G 


RAILROAD  DEPOTS— 

sale  of  perishable  fruits  and  vegetables  at — See  Fruits;  Vegeta- 
bles; Misdemeanors. 

stand  for  hacks  and  other  vehicles  at 88S 

soliciting  passengers   at,   etc 888 

posting  ordinances  as  to  soliciting,  etc 889 

assistance  at,  to  emigrants  by  Mullanphy  Emigrant  Relief  Fund       904 

regulations   for  cabs,   hacks,   etc.,   at 942 

space  for  runners  at,  to  be  allotted  by  Police  Commissioners....     1046 

RAILROAD  RUNNERS  OR  AGENTS— 
See  liutuiers. 

RAILROAD  TICKET  BROKERS— 

license    required    by 1043 

defined    1043 

includes  steamboat  ticket  dealers 1043 

amount  of  license,  period,  terms,  etc.,  ord.  22000  in  appendix....  1160 

same,   before   amendment 1043 

regulations  what  business  permissible,  and  manner  of  procedure  1044 

bond  required,  revocation  of  license  by  Mayor 1044 

procedure  to  revoke  license 1044 

violation  of  provisions  misdemeanor,  penalty 1044 

RAILROADS— 

See  Street  Railways;  Steam  Railroads. 

RAILS— 

of  street  railways — See  Street  Railways. 

RANGES— See  Buildings. 

RATES—  ~~S_/' 

See  Fees  and  Rates. 

REAL  ESTATE  AGENT— 

shall  not  rent  or  lease  unsafe  building,  after  notice 610 

r   699 

when  responsible  for  nuisance  on   premises J    710 

1    711 

duty  of,  to  keep  sidewalks,  etc.,  clear  of  filth,  snow  and  ice 810 

notice  to,  to  correct  location  of  water  stop-box 812 

notice  to,  that  houses  used  for  immoral  purposes 871 

when  license  as  auctioneer   required 1020 

defined,   also   house-agent 1030 

or    broker,    defined 1031 

license,  amount,  failure  to  obtain,  penalty 1031 

same — amendment,   ord.   22597,   see   appendix 1159 

decision  sustaining  ordinance,  see  note  to  sec.  2178 1031 

cannot  be  compelled  to  take  down  unsafe  buildings — See  note  to 

heading  of  Chap.   31,  Art.  8 1030 

when  may   be  compelled   to  take  out  city   water  license,   misde- 
meanor         1098 

RECORDER  OF  DEEDS— 

qualifications,    election,    term 1002 

certificate  of  election  from   Register ,. 1003 

bond  of  1003 


1600 
1599 
1601 
166S 
1669 
1837 
2245 


2231 
2232 
2232 

2233 
2234 
2234 
2234 
2235 


218 

596 

648 

652 

1234 

1244 

1518 

2131 

2176 

2177 

2178 


2464 


2047 
204S 
2049 


INDEX  TO  RETISED  CODE  OR  GENERAL  ORDINANCES.  1287 

{Index  to  Charter  and  Notes,  pp.  4G3-542. 
Inde.x  toSc/ieme,  pp.  279-286. 
Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

RECORDER  OF  DEEDS— Continued.  page.        sec. 

office  vacated  on  failure  to  give  bond 1003         2050 

duties  of,    regulations   of   office 1003         2051 

improper  use  of  records  in  office  of.  by  others,  or  use  of  ink,  loud 

talking,   etc 1003  2051 

salary    of    1003         2052 

collecting  and  paying  over  fees 1003  2053 

employes  in  office  of.  appointment  by ' 1003  2054 

same — amendment,  appendix,  ord.  22883 1156 

same — salaries  of  employes,  number  clerks 1004         2055 

same — amendment,  appendix,  ord.  22SS3 1156 

discharge  of  employes  of,  by 1004  2056 

abstracter  and  indexer,  duties,  salary 1004  2057 

violation  of  provisions  for  office  of,  misdemeanor 1004  2058 

general   statutes   control 1004  2059 

responsible  for  all  property  in  his  charge 1004  2059 

stationery  and  furniture  for  office  of 1004  2060 

to  devote  his  whole  time  to  duties 1005  2061 

to  deliver  deeds,  etc..  to  President  Board  of  Assessors,  to  record 

changes    on    plats 1011  2097 

RED  LIGHT— 

See  Danger  Sinnal. 

designating  fire  escape  stairway 596          189 

fire  alarm  in  theatre  designated  by GOO          195 

f  924 

for  excavations  and  obstructions  in  highways  at  night 763      <    g,g 

at  each  end  of  pile  of  material  in  street  or  of  excavation  while 

building  being  erected,   etc 7G7          928 

for  man-holes  and  service  boxes  of  electric  companies 790  1135 

or  danger  signals,  breaking,  removing,  etc. — See  Danger-SignaJs. 

when  required  on  street  cars 95C  1870 

REGISTER— 

office   of,   created 1005  2062 

to  furnish  coroner  certificate  of  election 614          240 

to  furnish  blanks  to  weighers 633          328 

to  furnish   blank  ferry  licenses 661          435 

to  furnish  metallic  license  plates  for  garbage  vehicles 718          691 

duties  and  powers  respecting  printing — See  Public  Printing. 
duty  of  respecting  ordinances — See  Ordinances. 

to    procure   dog-plates,    provisions 898  1639 

to    furnish    license-plates 937  1815 

to  notify  roads  of  report  of  commissioners  that  one  road  use  an- 
other's   tracks,    etc 964  1897 

bonds  for  public  work  filed  with 9SS  1990 

<    999  '036 

duties  as  to  contract  for  public  printing i  .^^'  ^^^. 

duties  as  to  contract  for  job  printing 1001  2038 

(  lOO""  2044 

to   supervise   all   city   printing |  j^p-  ^^g, 

to  furnish  certificate  of  election  to  Recorder  of  Deeds 1003  2048 

references  to  provisions  governing,  see  note  to  heading  of  Chap. 

28    1005 

duties  of,   in   general 1005  2062 

custody  all  public  records,  documents,  all  bonds,  etc 1005  2062 

custody  of  contracts  with 1082  2395 

attest  acts  Mayor,  copies  of  documents,  etc..  fees  for  copies,  etc..  1005  2062 

administers  oaths  and   affirmations 1005  2062 

appoints  such  clerks  as  necessary 1005  2062 

performs  all  duties  required  of  Clerk  of  County  Court 1005  2062 

same — note  to  sec.  2062 1005 

to  issue  all  blank  licenses  and  forms 1006  2063 

other  duties  as   may   be  required 1006  2063 

deputy,    appointment.    i)owers.    duties 1006  2064 

responsible  for  acts  of  deputy 1006  2004 


1288 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


Index  to  Charter  and  Notes,  pp.  4S3-542. 

Index  to  Scheme,  pp.  279-2S6. 

Index  LO  State  Laivs  for  St.  Louis,  pp.  225-256. 


REGISTER— Continued.  page. 

salary  of,  and   of  deputy 1006 

salaries   of   clerks 1006 

bond    of    1006 

custody  of  bond  of,  with  Comptroller 1006 

seal  of  city  in  custody  of 1006 

to  give  certificate  of  election  to  Collector 1055 

powers  and  duties  of,  as  to  taxes  on  merchandise  and  merchants' 

licenses    transferred    to    Collector 1056 

issuance  of  blanks  in  connection  with  boiler  inspections 1070 

blanks  from,  for  water   rates   department , 1097 

RELIGIOUS  WORSHIP— See  also   Misdemeanors. 

disturbance  of S7S 

REMOVAL  OF  BUILDINGS— See  BiiihlirKjs. 

REMONSTRANCE— 

against    street    improvement 969 

REMOVAL  OF  OBSTRUCTIONS— 
See   Obstructions. 

REMOVAL  OF  OFFICERS— See  Officers:  also  the  respective  officers 
in  question;   Mayor. 

RENDERING  ESTABLISHMENT— 

See  Factory. 

f    700 
when    nuisance    ~,    ^q-. 

not  to  be  opened   without   ordinance ■     „Qg 

dead  animals  not  for  food 715 

how    constructed    716 

hauling  garbage   to,   conditions 717 

how  to  discharge  into  sewers,  and  penalty  for  failure 1065 

RENT— 

for  wharf— See  Wharf. 
for  use  of  wharf-boats — See  Wharf-boats. 
for  market  space,  etc. — See  Markets. 
from  leases — See  Leases. 

REPAIRS— 

See  Buildings. 

definition  of  term 5G2 

of  sidewalks — See  Sidewalks. 

of  streets  and  highways,  etc. — See  Streets  and  Highways. 

of  alleys — See  Alleys. 

of  city  fire  department  apparatus 630 

of   wharf   paving 648 

of  conduits,  ducts,  wires,  etc.,  for  electric  contrivance 7S2 

of  space  between  street  car  tracks — See  Street  Railways. 

annual   repair   contract <.    ggg 

annual  emergency,  contract  for  sewer  work 989 

of  public  buildings  controlled  by  Pres.  Board  Pub.  Improvements       973 

on  boilers,  duties  of  owners 1072 

on  elevators,  regulations,  duty  of  owners,  etc 1074 

(•1107 
of  water-works  pipes J  ii07 

UIOS 

REPEAL  OF  ORDINANCES— 
See   Ordinances. 


SEC. 

2065 
2066 
2067 
2068 
2069 
2288 

2294 
2336 
2458 


f  1541 
\  1540 


1918 


604 
609 
625 
626 
682 
682 
6S9 
:2319 
2320 


61 


312 

370 

1102 

1919 

1994 

1994a 

1935 

2354 

2361 

2504 

2505 

2510 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1289 

(•Index  to  Charter  and  Notes,  pp.  463-542. 

J  Index  to  Scfteme.  pp.  279-286. 

[index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

REPORTS—  PAGE.  SEC. 

See  names  of  respective  officers  required  to  make. 

REQUISITIONS— 

See  for  provisions  respecting  particular  departments,  the  names 
of  such  departments  or  officers  tliereof. 

officers  to  malie,  but  once  each  month 912         1709 

r 107S         2377 

made  to  Supply  Commissioner,  etc \  1078        237S 

( 1078         2380 
in  cases  of  justices  of  the  peace,  etc 832        1326 


RESIDENCE— 

officers  giving  up;  in  city,  vacate  their  office 908         1687 

of  jailer,  superintendent  of  workhouse,  fire  department  men,  etc. 

— See  names  of  Institutions  or  officers. 
as  a  requisite  for  admission  to  insane  asylum,  etc. — See  Insane 

Persons;  Insane  Asylum. 

RESTAURANTS— 

to   provide   garbage   receptacles 717  687 

defined    as    ordinaries , 1038  2206 

classes   of  ordinaries   or   restaurants 1038  2207 

amount  of  license  of  each  respective  class,  duration  of  license..  1038  2207 

same — amended — See  appendix,  ordinance  22.590 1159 

penalty  for  conducting  under  improper  license 1038  2208 

same — amended — See   appendix,   ord.   22596 1159 

grease  trap  under  sinks  in 1 004  2314 

RESTRAINT  OF  ANIMALS— 

rights  of  city  concerning,  see  note  to  sec.  1578. 
ordinances  on — See  Cattle:  Animals. 
of  dogs — See  Dogs. 

REVENUE— 

See  Taxes:  Licenses:  Assessm.ent  of  Property ? Leases :  Rent;  Col- 
lector: Treasury  Department:  Treasurer;  Comptroller; 
Auditor,  etc. 

REVISED  CODE— 

reference  to,  by  section  number  sufficient 851         1414 

same — ord.   22594   in   appendix 1150 

Is  but  one  ordinance,  being  No.  22902,  approved  March  19,  1907. 
(See  note  on  page  341  of  Charter). 

ordaining    clause    of 545 

approval   date  of 1130 

autheiitification  of  I 

REVISION  OF  ORDINANCES— 

not  new  enactments,  but  continuance  of  existing 849         1400 

RIGHT  TO  ENTER  PREMISES— 

by  Building  Commissioner  to  enter  burned  buildings 556  39 

by  members  Board  of  Appeals,  or  officer  of  Buildiug  Dep't 562  60 

by  Building  Commissioner  to  raise  chimneys  and  smoke-stacks. .  589  159 

by  Building  Com'r  or  Chief  Fire  Department  to  enter  theatres. .  600  195 

by  adjoining  owner  to  underpin  or  protect  against  excavations.  567  73 

by  Health  Com"r  or  employes  to  ascertain  conditions ■>    -^g  -„, 

by  City  Chemist  inspecUng  milk,  etc 672  489 

for  purposes  of  milk  inspection,  penalty  for  refusal 679  507 

by  veterinary  surgeons  to  Inspect  dairies,  etc 684  526 

by  Inspectors  of  fruit,  meat,  fish,  vegetables,  etc 686  541 

by  police  and  Board  of  Health  appointees,  respecting  nuisances.  706  632 

by  contractor  abating  nuisance  for  city 713  668 

by  Supervisor  of  City  Lighting 792  1144 


1290  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

f  Index  to  Charter  and  Notes,  pp.  463-542. 

I  Index  to  Scheme,  pp.  279-286. 

( Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

RIGHT  TO  ENTER  PREMISES— Continued.  page.  sec. 

by  Mayor  to  abate  nuisance 8g7  1500 

by  Smolie-Inspector  and  deputies S94  1628 

by  Supervisor  of  Plumbing  and  agents 930  1800 

by  Sewer  Commissioner  or  agent 1064  2315 

by  Assessor  and  Collector  of  Water  Rates 1102  2485 

RIOTS  AND  RIOTOUS  ASSEMBLIES— 

power  of  Mayor  to  quell .' 867         1503 

forbidden,   misdemeanor    876         1536 

RIPARIAN  RIGHTS— 

on  Mississippi  River — See  note  to  sec.  345 ; 636 

ROCKETS— 

not  to  be  discharged   without  permit 612  229 

ROOFS— 

See   Buildings. 

ROUNDABOUT— 

See  Exhibition  or  Shoic. 


RUBBISH— 


611  223 


where   not    to   be   burned |    „  „  „„ . 

when    nuisance    698  590 

in  nuisance  article   defined 698  594 

on  streets  prohibited 699  598 

on   lots   nuisance 701  610 

term  in  nuisance  article  defined 706  629 

on  side-walk  or  street  from  buildings  being  erected 766  928 

on  side-walk  from  burned  buildings 768  929 

RUNNERS— 

for  railroads,  steamboats,  hotels,  etc..  require  a  license 1045  2236 

definition   of    1045  2237 

duties  of.  demeanor  of 1045  2238 

respectful   manner  by,   required 1045  2239 

bond  of.  before  license 1045  2240 

amount  and  period  of  licenses  of^ 1045  2241 

license  to  hotel  runner  may  be  transferred  when 1045  2242 

licenses   for,  not   assignable  or  transferable 1046  2243 

license  to  be  exhibited  on  demand,  when 1046  2244 

police  commissioners  stands  or  places  for,  at  stations 1046  2245 

violation  of  article  on.  misdemeanor 1046  2246 

vehicle  stands  for — See  Railroad  Depots;  Vehicles. 


ST.  ANNE'S  WIDOWS'  HOME.  INFANT  ASYLUM,  ETC.— 

may  receive  foundlings  on  contract  with  city 915         1728 

foundlings  at — See  Foundlings. 

ST.  CLAIR  FERRY  CO.— 

See  Ferries. 

ST.  LOUIS  FIRE  PREVENTION  BUREAU— 

inspector  from    555  37 

ST.  LOUIS  COLORED  ORPHANS'  HOME— 

authorized  to  contract  with  city  for  care  of  foundlings 915        1728 

foundlings  at — See  Foundlings. 

ST.   LOUIS    HARDWOOD   AND   LUMBER   MANUFACTURERS    EX- 
CHANGE— 

See  Lumber. 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1291 

{Index  to  Charter  atid  Notes,  pp.  463-542. 
Index  to  Scheme,  pp.  279-286. 

Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

ST.  LOns  INDUSTRIAL  SCHOOL—  page.  sec. 
[formerly  House  of  Refuge.] 

two   fire-department   men   at 625  285 

Superintendent  of,  Mayor  appoints 868  1509 

Board  of  Managers  for.  Mayor  appoints 869  1510 

Mayor   ex-officio    member   Board 869  1510 

House  of  Refuge  now  to  be  called 925  1785 

change  of  name  not  to  affect  law  regulating  same 926  1786 

for    references   to   statute    and    charter   provisions,    see    note    to 

heading  of  Chap.  21,  .-vrt.  V 925 

ST.  LOUIS  SCHOOL  AND  MUSEUM  OF  FINE  ARTS— 
See  Art  Building. 

ST.   LOUIS  TRAINING   SCHOOL  FOR  NURSES— 

excepted   from  qualilitations  necessary  other  appointees 666  460 

])upils  in.  when  admitted  to  hospitals 722  713 

selection  from  pupils  of.  as  nurses  in  city  institutions 722  715 

same — new  ordinance,  appendix  ord.  23001 1142 

ST.  LOUIS  WATER  BONDS— 
See  Bonds  {of  City.) 

SALARIES  OR  COMPENSATION- 
See  also  Fees. 

of  Building  Commissioner 549  11 

of  janitoi-s  and  night  watchmen  of  Buildinfc  Commissioner 551  16 

of  engineers  and  firemen  of  public  buildings  551  17 

of    deputy     Building    Commissioner     553  30 

of  Chief  Clerk,  Assistant  Clerk  and  Permit     Clerk  in  office  of 

Building  Commissioner   554  31 

same  amended  by  Ord.  2277S.     See  Appendix 1132 

of  Chief  Inspector  of  Building  Commissioner   554  32 

of  other  inspectors  of  Building  Commissioner 554  33-34 

same,  amendment  to  sec.  34,  See  Ord.  22749,  Appendix 1132 

of    Architectural    Draughtsman     555  35 

of  contingent  employes  of  Building  Commissioner   555  -36 

of  Board  of  Appeals  561  58 

of  Coroner,   his  dei)uty  and  constable    615  245 

of  porter  to  Coroner  615  246 

of  stenographer  to  Coroner 616  251 

of  Superintendent  of  .Morgue,  assistant  and  porter 619  268 

of  Factory  Ins|)ector  and  his  employes 624  281 

of  Chief  of  Fire  Department 625  286 

of  asslfants  and  employes  in  Fire  Department 625  287 

of  men  and  officers  in  Fire  and  Police  Telegraph  Department. . . .  632  318 

of  watchmen  of  scavenger  dumps    657  407 

of  additional  help  on  levee  or  wharf  657  411 

of  members  of  Board  of  Health    663  440 

of  Clerk  of  Board  of  Health  and  of  Health  Commissioner 664  445 

of    Health    Commissioner    665  451 

of    Assistant    Health    Commissioner    666  455 

of  additional  help  in  Health  Commissioner's  office 666  457 

of  Clerk  sanitary   division   Board  of  Health    666  461 

(  667  462 

where  employes  of  Health  Department  work  overtime I  667  463 

(  667  464 

of  City   Bacteriologist    667  465 

of  assistants  to  Bacteriologist   668  469 

of  clerk  and  janitor  to  Bacteriologist  668  473 

of   two   new   laboratory   assistants   to   Bacteriologist.     (See  sec. 

475a  or  ord.  22810  in  Appendix)    1140 

of  City  Chemist  670  477 

of  sundry  subordinates  and  asslstAnts  to  City  Chemist 670  480 


1292 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


{Index  to  Charter  and  Notes,  pp.  463-542. 
Index  to  Scheme,  pp.  279-286. 
Index  to  State  Laws  jor  St.  Louis,  pp.  225-256. 


SALARIES  OR  COMPENSATION— Continued.  p.^ge. 

of  assistant  milk  inspection  employes  to  City  Cliemist 672 

o£  veterinary  surgeons  as  inspectors  of  live  stock,  etc <  po. 

of  inspectors  of  meat,  fish,  vegetables,  fruit,  etc 686 

of    city    nurses     722 

of  Superintendents   of  Insane     Asylum,   City   Hospital,     Female 

Hospital     723 

f  723 

724 

of    Superintendent    of    Quarantine    i  r-t,, 

\  724 

-  of   Assistant   Superintendent   at   Insane   Asylum    725 

of  Assistant  Superintendent  at  Female  Hospital  726 

of  Supervisor  of  Nurses  and  Matron  at  Female  Hospital 727 

of  apothecaries  at  dispensary    730 

of  Superintendent  of  Poor-House 732 

of  dairy  employes  at  Poor-House   733 

of  officers  and  employes  of  Health  Department   (not  otherwise]  L'l, 

above   specified)    1  ^^1 

of    commissioners    in    street    opening,    etc.,    cases 754 

of    employes    in    street-siirinkling    division 771 

of  temporary  employes  in  street  sprinkling  matters    775 

of  Supervisor  of  City  Lighting  and  employes  in  his  office 791 

of  City  Forester   813 

of  employes  in  department  of  City  Forester   813 

of    temporary    Police    Justice     815 

of  Assistant  Police  Court  Clerks \  o^n 

of  First   and   Second    District    Police   Justices 831 

of  Police  Justice  of  Court  South  of  Arsenal   Street 831 

of  Clerk  of  Police  Court  South  of  Arsenal   831 

of   Attorney   of   Police   Court   South   of  Arsenal 831 

of   Marshal    and    his    deputies    834 

of    Jury    Commissioner    and    deputies    834 

of  City  Attorney  and  of  Assistant  City  Attorney 836 

•of  Associate   City   Attorney 837 

of  City  Counselor 840 

of  Associate  City  Counselor 840 

of  Second  Associate  City  Counselor 840 

of  Assistant  City  Counselor,  See  Appendix,  ord  23038,  amending 

R.  C,  sec.   1365    1149 

of  clerks,  stenographers  in  City  Counselor's  office — See  ord.  2303S, 

in   Appendix    1149 

of  additional  stenographers  by  the  day,  in  City  Counselor's  of- 
fice   843 

of  members  of  Municipal  Assembly  843 

of  Mayor    865 

of  Mayor's  Secretary,  Assistant  Secretary,  Janitor,  Stenographer  865 

of   Acting    Mayor    866 

of  persons  employed  by  Marshal  to  take  up  estrays 885 

of  Smoke   Inspector  and   Deputies    894 

none  for  Board  MuJlanphy  Emigrant  Relief  Fund 902 

of  officers  of  Board  of  Mullanphy  Emigrant  Relief  fund 903 

none,   while   officers   out   of  city   without   leave 90S 

none  to  officers  for  period  of  suspension   911 

none  to  Commissioners  of  Penal  and  Charitable  Institutions...  915 
for  care  of  foundlings — See  Foundlings. 

of  jailer    917 

of  deputy  jailer,  guards,  cooks,  etc   917 

of  physician  when  employed  at  Work-House    922 

of  Superintendent  at   Work-House    924 


SEC. 

487 
524 
526 
538 
715 

719 
719 
725 
726 

727 

732 

741 

746 

769 

781 

788 

872 

873 

875 

882 

1076 

1082 

1140 

1252 

1253 

1262 

1269 

1270 

1317 

1318 

1319 

1320 

1333 

1334 

1341 

1345 

1362 

1363 

1364 


1375 
1378 
1487 
1489 
1494 
1580 
1625 
165S 
1664 
1688 
1705 
1727 

1736 

1737 
1765 
1779 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1293 


r  Index  to  Charter  and  Notes,  pp.  463-542. 

i  Index  to  Scheme,  pp.  279-2SG. 

( Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 


SALARIES  OR  COMPENSATION— Conliiuied. 

of  other  employes   at    Work-House    | 

of  Board  of  Examiners  of  Plumbers — See  Appendix,  ord.  23007.1150- 

of  Supervisor  of   PlumbiuK  and  of  his  subordinates 

none,  for  Public  Baths  Commission 

of  attendants  at  Public  Baths  

same — baths  and  play-grounds,  ord.  22869,  Appendix 

of  inspectors  of  vehicles   

of  Secretary   of   Board  of   Public   Improvements    

of  Assistant,  deputy  and  Assessor  of  Special  Taxes 


of  additional  emi)loyes  of  Pros.  Pub.  Improvements. 


of  Water  Department  men  at  Water-Works,  Electric  Plant  and 
Railway    

of  deputies  and  employes  Harbor  and  Wharf  Department  

of    watchmen    on    dump-boats    

of    President    Board    Public    Improvements 

of   Street-Commissioner    

of  Sewer-Commissioner    

of  Water-Commissioner   

of  Harbor  and   Wharf  Commissioner    

of  Park  Commissioner   

of  Assistant  to  Sewer  and  Water  Dept.,  Chief  Mechan.,  Engi- 
neer and  Supt.  of  Park  Dep't 

of  employes  in  Water  Commissioner's  office   

of  distribution   system   employes   in   Water   Dep't 

of  employes  of  Water  Meter  and  tap  dep't 

of  employes  of  water  inspection  dep't 

of  employes  of  water  supply  and  purifying  system   

of  employes  of  high  and  low  service  engines  dep't 

of  employes  in  sewer  department  not  elsewhere  fixed 

of   employes    Harbor   and    Wharf   Department    

of   employes   of   Harbor   boat    

of  employes  of  Park  Commissioner  

of  keepers  of   Parks   and   Public   Places    

of  Recorder  of  Deeds   

of  employes  In  office  of  Recorder  of  Deeds  

same — amendment,    -Appendix    ord.    22883     

of  abstracter  and  indexer  in  Recorder's  office 

of  Register  and  of  Deputy   Register   

of  clerks   in   Register's   office    

of  President  Board  of  .Assessors   

of  chief  deputy  Board  of  .Assessors  

of  district   assessors    

of  deputies,  clerks  and  draughtsmen  of  Assessor  

of  members  of  Board  of   Equalization    

of  carpenter  and  builder  on  Equalization  Board  

of  members  of  Board  of  License  Revision    

of  former  license  commissioner   

of  employes  of  former  license  commissioner  

of  employes  of  license  collector  

of  Inspectors  of  street-railway  reports  

of  deputies  of  Collector  

compensation  for  use  of  private  sewer  

of  Inspector  of  Boilers  and   Elevators    

of  deputy  of  same  

of  clerk  of  same  

of  Board  of  Engineers  


PAGE. 

SEC. 

924 

1780 

925 

1782 

1153 

927 

1792 

931 

1803 

931 

1804 

1153 

935 

1810 

967 

19U 

974 

1941 

974 

1942 

975 

1943 

978 

1948 

979 

1950 

991 

2003 

991 

2004 

982 

1961 

983 

1965 

984 

1968 

989 

1995 

989 

1996 

990 

1997 

990 

1998 

990 

1999 

990 

2000 

990 

2001 

991 

2005 

991 

2006 

992 

2007 

992 

2008 

992 

2009 

993 

2010 

993 

2011 

994 

2012 

994 

2014 

994 

2015 

995 

2016 

1003 

2052 

1004 

2055 

1156 

1004 

2057 

1006 

2065 

1006 

2066 

1008 

2076 

1008 

2077 

1008 

2078 

1008 

2079 

1012 

2100 

1012 

2100 

1016 

2113 

1017 

2116 

1018 

2118 

1018 

2120 

1049 

2260 

1056 

2295 

1061 

2311 

1070 

2338 

1071 

2341 

1071 

2342 

1071 

2343 

1294  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

f  Index  to  Charter  and  Xotes.  pp.  463-542. 

J  Index  to  Scheme,  pp.  279-280). 

( Index  to  State  Laics  for  St.  Louis,  pp.  225-256. 

SALARIES  OR  COMPENSATION— Continued.  page.  sec. 

of  Commissioner  of  Supplies   ■ 1075  2368 

of  deputy   of   Commissioner  of   Supplies    1075  2370 

of   stenograpiier   of   Supply    Commissioner    1075  2371 

of  clerks,  book-keepers,  etc..  Supply  Commissioner 1076  2372 

of  committee  appointed  to  examine  accounts  and  books  of  fiscal 

officers 1085  2405 

of    Auditor    ■ 1085  2406 

of  first  and  second  Deputy  Auditor  1086  2407 

of  clerks  of  Auditor     1086  2408 

of   Comptroller,   Assistants,   Supervisor   and   Statistician 1091  2430 

of   clerks    of   Comptroller    1091  2431 

of  Treasurer  and  officers  or  employes  in- his  office 1095  2446 

of   Assessor   and   Collector   of   Water   Rates    1095  2449 

of  deputy  Assessor  and   Collector   of   Water   Rates 1096  2451 

(  1096         "^454 
of  other  employes  of  same  i  j^g-.         .^^-~ 

of  additional  employes  of  same  by  late  ord.  23000   1163 

of  employes  of  Inspector  of  Weights  and  Measures 1116         2543 

of   Inspector   of   Weights   and    Measures    1117         2544 

of  Weighers  of  Scales    1119         2555 

of  Assistant  "Weighers   of  Scales    1120         2559 

none  to  Public  Recreation  Commissioners,  ord.  22869,  Appendix.  .  1153 
of  emijloyes  of  Public  Recreation  Commission — See  ord.  22869, 

Appendix    1153 

SALES— 

at  auction — See  Auction. 

SALES-STABLE— 

see  also  Livery  Stable. 

,       ■*,       ^       .J-                  f  f     "04  625 

not  to  be  opened  without   ordmance,  etc •<     -y-  g.,g 

definition   of    1046  2248 

license    for     1047  2251 

same  amended,  ord.  22598,  See  Appendix   1161 

certificate    from    Police    Commissioners    for    license 1047  2254 

penalty  doing  business  without  license   1047  2255 

when  provisions  for.  do  not  apply  to  livery  stables   1047  2256 

SALOONS— 

See  Dratn-Shops. 

SALT— 

standard   bushel 1118         2549 

SAND— 

letting  landing  places  on  wharf  for  650  378 

SANITARIUM— 

must   be   first   class    building 563  63 

regulations  for,  ord.  22998,  in  Appendix    1142 

SAUSAGE— 

may  be  sold  under  meat-shop  license    862         1473 

makers  of,  not  included  under  meat-shop  article  863         14S0 

SCALES— 

See  Weif/liinci  Scales;  Wei;;hts  and  Measures. 

SCALPERS— 

See  Railroad  Ticket  Brokers. 

SCARLATINA— 

See  Contagious  or  Infectious  Diseases. 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1295 

r  Index  to  Charter  and  Notes,  pp.  463-542. 

}  Index  to  Scheme,  pp.  279-28G. 

(.  Index  to  State  Laivs  for  3t.  Louis,  pp.  225-356. 

SCAVENGER  DUMPS—                      '                                                                 page.  sec. 

location  of   656  405 

Superintendent  of   657  406 

watchmen   for    60  T  407 

what  ma.v  be  dumped  at.  free  (■..t7  408 

regulations  by  Harbor  and  Wharf  Com'r  for /     5^1  j?^ 

(     DOT  410 

temporary   use  prohibited    657  410 

removal  of  offal   657  411 

additional  help   657  411 

duty  of  Harbor  arid  Wharf  Commissioner  as  to 982  1964 

dump  boats,  see  Harbor  and  Wharf  Com'r. 

SCAVK.NOKRS— 
See  Garbage. 

SCHOOL  BUILDINGS— See  Buildings. 

must  be  first  class 563  63 

stairways    in    582  1  '.Hi 

lire-escapes  in   583  138 

heating  apparatus   in    587  151 

strength  of  floors  required   ■ 592  173 

provision  as  to  sinks,  water  closets,  etc 1062  2313 

water    rates    in    public    1106  2497 

SEAL  OF  THE  CITY— 

with  Register;   to  be  affixed  by  Register  1005  2062 

custodv     with     Register;     form     of,  wBen     Impression  of.  not 

valid    1006  2069 

SECOND  ASSISTANT  CITY  COUNSEL  OR— See  ord.  23150. 

SECOND  ASSOCIATE  CITY  COUNSELOR— 
See  City  Counselor. 

SECOND-HAND  DEALERS— 

defined    1057  2298 

registry  book  to  be  kept,  minute  description  of  dealings 1057  2299 

registry  book  open  to  inspection  by  whom 1058  2300 

to  report  to  police  offers  of  sale  to,  by  suspicious  characters.  . . .     1058  2301 

failure  to  report  misdemeanor 1058  2301 

SECOND-HAND  STORES— 

See  Junk-Dealers,  etc.;  Second  Hand  Dealers. 

SECRET  SERVICE— 

powers  of  Mayor 868  1504 

fund    for    868  1505 

SEEDS— 

standard  bushel  1118  2549 

SERVICE  BOXES-                                                                                                 I    789  11.33 

of  electric  companies    i    to  to 


SERVICE  PIPES— 

See  Water-Connections. 

SEWER  COMMISSIONER— 
apiiointed  by  Mayor   .    . . 


f    "^ 
to 

I    79 


90         1136 


permit  for  sewer  and  water  connections,  from 

when  Assistant  may  represent  at  Board  Public  Iniiits 

head  of  Sewer  Department 

tiualifications  and  duties  In  general  

superintends  all   sewtr  matters,     connections,  etc..  and     public. 
Joint  district,  etc ... 

to  grant  permits  for  above,  <'•'<•  


f    ■ 

I    S 


868 

1.509 

930 

1798 

980 

1955 

058 

2303 

967 

1909 

980 

19.55 

980 

1955 

980 

19.-,5 

9S0 

1 955 

058 

2303 

930 

1798 

1296 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


{Index  to  Charter  and  Notes,  pp.  463-542. 
Index  to  Scheme,  pp.  279-2S6. 
Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 


SEWER  COMMISSIONER— Continued.  page.  sec. 

appoints  Assistant,   and   otlier  employes    9S1  1956 

salary   and  bond   of ' 990  1997 

salary  and  bond  of  Assistant  to   990  2001 

salaries  and  bonds  of  employes  in  department  of,  not  otherwise 

fixed   993  2011 

powers  and  duties  in  granting  sewer  permits,  (see  also  Sewers) . .  1058  2303 

shall  furnish  all  information  he  has   • 1058  2303 

persons   constructing   sewers   to   comply   with   directions   of....  1060  2306 

to  reconstruct  work  on  sewers  improperly  done,  cost  recovered,  (  2306 

report  to  B.   P.  1 1060  \  2307 

control  of  city  through,  over  private  sewers  1061  2308 

may  permit  privies  to  be  more  than  eight  feet  deep 1062  2313 

right  of  entry  into  premises  having  drains   1064  2315 

same — may  order  owner  conform  to  ordinances  1064  2315 


SEWER  CONNECTIONS— See  Sewers. 


SEWER  DEPARTMENT— 

See  Sewer  Commissioner:  Sewers. 


SEWERS— 

draining  water  from   roofs   into    578 

connection  with,  required  in  mercantile  and  manufacturing  build- 
ing           585 

connection  with,  required  in  all  buildings,  when  accessible 1063 

connections,  regulations  in  general    1063 

connection   with,   from   dairies   and   cow-stables    681 

connections   with   vaults,   water-closets,   etc.    See   Vaults.   Privies 
and  Water-Closets. 

(    701 

..-.*••  1064 

throwing  matter  into,  or  creating  nuisance ^^ 

[  1065 

tenement,   boarding   houses,   etc..   to   have- pi'oper 702 

connections  and  d  r^Sns  when  nuisance — See  Nuisance. 

fixing  route  for  sewer,  plat  to  be  provided 752 

condemnation   of  property  for 752 

condemnations   for,   provisions   in   common   with    highways — See 

Streets  and  Highways. 
connections  to  be  made  in  advance  of  street  construction 757 

connections  when  allowable  to  plumbers,  etc 927 

builders  of,  see  DrainJaying  and  Drainlayers. 

connections  not  allowed   plumbers   until   deposit    929 

connections  cannot  be  made  without  permit  (See  below.) 

liability  for  breaking  of   ' 961 

B.  P.  I.  to  draft  ordinances  for  all  improvements  for 968 

f    980 

connections,  construction,  etc.,  of  all,  under  charge  of  Sewer  Com-  J  ^^^g 

missioner.     ( See  also  below. ) |  jq^q 

annual  emergency  contract  for  sewer  work 989 

all  sewers  to  observe  requirements  of  Chap.  34 1058 

.    .         ^          ■     ■  f  1058 

permits  for,  required,  from  Commissioner |     ggQ 

what  permit  to  contain,  how  obtained,  plans  to  be  approved,  de- 
posit  required    1058 

lot  owner  takes  risk  of  backwater  from,  trap  required 1058 

when  plans  to  be  approved  for,  by  Board  Pub.  Impts 1058 


116 

145 
2314 
2314 

516 


611 
2318 

to 
2322 

613 


878 


898 
1793 
1795 

1797 

1884 

1913 

1955 

2303 

2306 

1994a 

2302 

2303 

1955 

2303 
2303 
2303 


INDEX  TO  REVISED  CObE  OR  GENERAL  ORDINANCES.  1297 

{Index  to  Charter  q/irf  Notes,  pp.  4G3-542. 
InUe.\  to  Scheme,  pp.  279-28G. 
Index  to  State  Laics  for  St.  Louis,  pp.  225-256. 

SEWERS— Continued.  pack.        si:c. 

cost  of  inspection  of,  and  inspection 10.59         2303 

no  permit  tor  connections  wliile  special  tax  bills  unpaid 1059         2304 

same — exceptions,  evidence   1059        2304 

same — section  sustained — See  note  to  sec.  2304 1059 

no  permit  to  connect  with  District  or  .loint  District,  during  con- 
struction, except  under  what  conditions  1059         2305 

same — deposit   oC   special    fund,    when    returned 1059         2305 

work  on.  defectively  done,  city  may  reconstruct  or  repair  and 

recover  cost:  drainlayer's  permit  cancelled  lOGO         230G 

work  on  to  be  done  as  commissioner  directs lOGU         230G 

work    without    permit,    is    considered    defective    work lOGO         2307 

work  without  permit,  reconstructed,  cost  recovered  by  city,  un- 
paid assessment  shall  be  part  of  damage lOGO         2307 

control  of  city  over  private  sewers  lOGl         2308 

when   lot   owners     having   private     connections   with,     deemed 

petitioners  for  sewer  district,  etc 1061         2309 

how  connection  with  private  sewer  with     b\iilder's  consent     to 

be  obtained   lOGl         2310 

definition  of  "builder  of  sewer"  in  Chapter 1061        2310 

how   connection    with    private   sewer   without    builder's    consent 

obtained  from  B.  P.  1 1061         2311 

same — fixing  of  compensation  for  use  of  private  sewer 1061         2311 

materials  and  mode  of  construction;   approved  by  comm'r;   con- 
nections with  other  sewers,  regulations,  etc 1061         2312 

drains,    how   constructed,     vaults,   traps,   water   closets,     sinks, 

buildings  where  large  numbers  congregate   1062         2313 

regulations  as  to  connections,  pipes,  drains,  closets,  traps,  sub- 
soil   pipes,    etc 1063         2314 

and  drains,  right  of  commissioner  to  enter  premises  and  compel 

conformance  to  ordinance 1064        2315 

connecting  steam  or  exhaust  pipes,  or  boilers  with,  etc 10G4         2316 

plumbing  provisions  can  only  be  varied  by  H.  P.  1 1064         2317 

not  to  be  dammed  without  permit  from  commissioner   1064         2318 

certain       establishments     discharging     matter     that       obstructs 

sewers  to  have  catch  basins   1065         2319 


penalty  for  violating   1065 


(2320 
\2322 


obstruction  of,  removed  at  cost  of  owner 1065         2321 

SEXTONS— 

ot  cemeteries — See  Burials;  Cemeteries.  , 

SHADE  TREES— 
See  Trees. 

SHEATHING— 
See  BuiUlinffs. 

SHERIFF— 

right  to  inspect  pawnbrokers"  register   1040        2213 

right  to  Inspect  second-hand  dealers'  register 1058        2300 

SHOOTING  IN  CITY— See  Firearms. 

SHOOTING  GALLERIES— 

(  1051  2270 

license  provisions  concerning    J    to  to 

1.1054  2285 

defined    1051  2271 

amount  ot  license  1052  2274 

SHOW— 

See  Theatrical  Performance;  Exhibition. 

SHOW  WINDOWS— 
See  Buildings. 
may  extend  how  far  Into  street  .  579  120 


129S 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


("Index  to  Charter  and  Notes,  pp.  463-542. 

\  Index  to  Scheme,  pp.  279-2S6. 

i  Index  to  State  Laws  for  Si.  Louis,  pp.  225-256. 

SHUTTERS— See  Buildings.  page.        sec 

fire-doors  and   ' 584  141 

how  to  be  arranged   5S4  142 

SIDEWALKS— 

[In  so  far  as  matter  applies  to  otlier  liighways  as  well  as  side- 
walks, see  Streets  and  Highways,  under  which  the  general 
subject  is  indexed.  Matter  peculiar  to  sidewalks  is  indexed 
here.] 

repair  of,  on  the  wharf   64S 

width  of,  required  and  how  fixed 757 

cross  grade  of,  penalty  for  violation   757 

cross-grade  ordinance,  decision  on.  See  note  to  sec.  900 757 

permission  by  B.  P.  I.  to  owner  to  construct  sidewalk 757 

decision  on  right  of  owner  to  'construct — Note  to  sec.  901 757 

what  material  to  be  constructed  of  in  certain  localities 758 

regulations  for  repairing  of,  notice  for  temporary  repairs 758 

cost  of   repairing,   shall   be  lien    759 

f     759 
cost  computed  and  assessed  as  special  tax <     r-n 

permission  to  lay,  rebuild  or  repair    759 

penalty  for  constructing  contrary   to  ordinance 759 

to  be  repaired  by  owner  on  notice  from  Street  Commissioner. .       759 

cost  of  repair  of,  special  tax  for   759 

planting  shade  trees,  where — See  Trees. 
vaults  under — See  Vaults. 
excavations  in — See  Excavations. 

temporary  occupation  of  by  building  material,  etc. — See  Streets 
and  Highways ;  Obstructions. 

temporary   while   buildings   being   erected 765 

temporary  obstruction  of,  see  Obstructions. 

rubbish    on,    from    burned    buildings    768 

barbed  wire  fences  near  improved — See  Fences. 

regulations  for  openings,  grating,  cellar  door,  etc 806 

projecting  signs  over,  encumbering  with  merchandise,  obstruct- 
ing, etc S06 

throwing  fruit,  etc.,  on.  forbidden   807 

to  be  kept  clear  of  filth,  snow  and  ice,  by  whom 810 

no  advertisements  painted   on . . .  7.^ . ./.' <.     „„„ 

fires  on— See  Fire. 

use  of,  for  market  stands,  see  Markets. 

SIGNALS— See  Danger  Signal. 

SIGNS— 

cost  of  permit  for  560 

regulations  concerning 579 

bill-board,  see  Bill-Boards. 

displayed  where  petroleum,  naptha,  benzine,  gasoline,  baled  hay, 

turpentine,  etc.,  is  kept   613 

projecting  over  sidewalks,  prohibited,  exceptions 806 

posts  for,  permission  from  Board   Public  Impts 973 

SKELETON  BUILDINGS— See  Buildings. 

SKIDS— 

See  Wharf. 

SKY-LIGHTS— See  Buildings;  Theatres. 

SLATE— 

See  Buildings. 

SLAUGHTER  HOUSES— 

to  be  whitewashed,  how  often,  penalty 700  600 

when  nuisance,  see  note  to  Chap  11,  Art.  12 700  601 

how  to  be  constructed  and  drained TOO  602 


370 
899 
900 

901 

903 
904 
905 
906 
909 
907 
908 
909 
909 


92S 

929 

1213 
1214 

1216 
1218 
1234 
1235 
1590 


54 
121 


233 
1216 
1933 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1299 


f  Index  to  Charter  and  Xotes.  pp.  463-542. 

I  Index  to  Schevie.  pp.  279-2SG. 

I  Index  to  State  Laws  for  St.  Ijouis,  pp.  225-256. 


SLAUGHTER  HOUSES— Continued.  p.\gk. 

liquid  matter  from,  not  to  be  discliarged  into  pond Tin 

not  to  be  opened  or  operated  without  ordinance I     L,.^ 

not  to  drain  into  sewer  without  intervening  catch  basin 1005 

when  sewer  obstruction  removed  at  cost  of 1065 

penalty    obstructing    sewer 1065 

SLAUGHTERING— 

See  also  Dead  Animals. 

diseased   animals   prohibited S59 

animals  in  market  prohibited 859 

SLOPS— 

See  Garbage:  Offal. 


.SKC. 

60S 

G25 

626 

2319 

2321 

I  2.320 

■(  232-1 


I  1452 

\  1453 

1454 


SLUNG-SHOT— 

carrying  is  misdemeanor. 


SMALL-POX— 

See  Contagious  or  Infectious  Diseases. 
hospital,  salaries  of  employes  at 


879 


750 


SMOKE— 

decisions  as  to  when  nuisance — See  note  to  heading  of  Chap.  11, 
Art.  12.  p.  093;  also  note  to  heading  of  Chaj).  l.s.  An.  V,  p.  S92. 

reference  to  state  law  on.  note  to  Chap.  IS,  Art.  V 892 

emission  of  dense,  a  public  nuisance,  misdemeanor 893 

who    responsible    for 893 

what  defense  against  smoke-emission  permissible 893 

abatement    department    894 

Smoke-Inspector  and  deputies,  appointment  by  Mayor 894 

tenure  of  office  of  Inspector  and  Deputies 894 

Mayor  to  furnish  certificates  to  inspectors 894 

record  of  appointments  and  removals  of  inspectors 894 

salaries  of  Inspector  and  deputies 894 

hours  of   Inspector,   removal 894 

Chief  Inspector  controls   department,   subject  to   Mayor's   super- 
vision      894 

reports   of   Chief   Inspector 894 

powers  and  duties  of  chief  and  deputy-Inspectors,  inspections  of 

premises,    reports    894 

police  to  assist  in  abatement  of 895 

chief  of  police  to  report 895 

inspectors,   interference  with   misdemeanor 895 

regulations  against,  by  railroads  on  Poplar  street 948 

SMOKE-ABATEMENT  DEPARTMENT— 
See  Smoke. 


1548 


872 


1619 
1619 
1619 
1621 
1622 
1623 
1624 
1624 
1625 
1626 

1627 
1627 

1628 
1629 
1630 
1631 
1859 


S.MOKE  INSPECTOR— 
See  Smoke. 

SMOKESTACKS— See  Pipes:  Buildings;  Smoke. 

height   required    589  158 

right  of  Building  Commissioner  to  raise 589  159 

when  nuisance — See  note  to  heading  of  Chap.  11,  Art.  12 694 


SNODGRASS    LABORATORY    OF    PATHOIX)GY    AND    BACTERI- 
OLOGY— 
created,   equipment,   etc. — See   ordinance    22561    In   appendix    to 

Rev.   Code    1141 


1300  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

{Index  to  Charter  and  Notes,  pp.  463-542. 
Index  to  Scfteme,  pp.  279-286. 
Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

SNOW PAGE.  SEC. 

sidewalks  to  be  kept  free  of.  by  whom 810         1234 

decisions  on  same,  see  note  to  sec.  1234 810 

street  car  companies  to  keep  their  crossings  and  approaches  for 

passengers   free    of 962         1890 

SOAP-FACTORY—. 

See  Factory.  ' 

SOCIAL  EVIL  HOSPITAL  AND  HOUSE  OF  INDUSTRY— 

name  changed  to  Female  Hospital 725  734 

provisions  concerning,  see  Female  Hospital. 

SOULARD  AND  SOUTH  MARKETS— See  Markets. 

SPEAKER  OF  THE  HOUSE—       . 
See  House  of  Delegates. 

SPECIAL  LEGAL  COUNSEL— 

when  and  how  employed — See  City  Counselor. 

SPECIAL  TAX,  AND  SPECIAL  TAXATION— 

See  Lien. 

lien  on  property  causing  expense  violating  building  ordinances. .       611  219 

,    ,.            .                                ,  f    711  655 

expense  abating  nuisances  on  property <    .,,  n-c 

same — how  apportioned  against  lots  having  nuisance 712  658 

same — apportionment  pond  nuisance,  abated  by  drainage 712  659 

same — where  abated  by  filling 712  660 

same — where  pond  both  drained  and  filled 712  661 

bills  for,  how  made  out,  see  Special  Tax  Bills. 

how  contracts  contemplating,  abating  nuisances,  issued 713  669 

cemeteries  not  exempted  from — See  note  to  sec.  847 746 

benefits   in   street   opening   or  condemnations — See    Streets    and 

Higliways. 
for  repairing  side-walks — See  Sidewalks. 
for  repairing  alleys — See  Alleys. 

for  expense  of  removal  of  obstructions  from  streets,  etc 769  937 

for   street   sprinkling 772         1080 

form  of,  bill  for  sprinkling,  see  Special  Tax  Bills. 
before  letting  work  to  be  paid  for  by,  deposit  required,  restora- 
tion  surface,   etc 988         1991 

sec.  1991  held  valid,  see  note  to  sec.  1991 988 

deposit  for  special  tax  work,  when  additional  necessary 988         1992 

same — conditions  of  return  of  special  tax  work  deposit 989         1993 

( 1091  ''43'' 

redemption  from  city  of  property  sold  under  special   tax  claim,  J  ..,„..         ,-,,„o 

or  under  lien   thereof 1  .  „X„         ;  ,„„ 

notice  by  Comptroller  of  special  tax  claim  in  city,  etc 1091         2434 

SPECIAL  TAX  BILLS— 

for  abating  nuisance,  how  made  out 713  667 

form    of,    for    sprinkling 772  1080 

President  pro  tem.  of  Board  Pub.  Inip'ts  cannot  authenticate....  967  1908 

President  Board  Public  Improvements  to  make  out  all 973  1937 

while  unpaid,  no  permit  to  connect  with  sewers 1059  2304 

deposited    in    Comptroller's    office 1089  2427 

redeemed,  when  Mayor  and  Comptroller  may  execute  quit-claim 

deed    to    property 1090  2427 

SPECIFICATIONS— See  Plans  and  Specifications. 

SPIRES— 

on  buidings — See  Buildings. 

SPITTING— 

in  public  places,  etc.,   misdemeanor 886        1586 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1301 

Index  to  Charter  and  Xotes,  pp.  4G3-542. 

Index  to  Nc7icme.  pp.  279-286. 

Index  to  State  Laws  for  St.  Louis,  pp.  225-256 

SPOUTS I'.VGK.  SKC 

See  Pipes. 

SPRINKLING— 

See  Street  Sprinkliruj. 

STABLES— See  Livery  stables. 

STAIRWAYS— See  duildinos. 

in   mercantile  and   manufacturing  buildings 581  135 

in  theatres — See  Theatres. 

STALLS  AND  STANDS— See  Markets:  Fruit,  etc. 

STAND-PIPES— See  Buildinr/s:  Theatres;  Water-Conneetions. 

STATIONARY  AWNINGS— 
See  A  tellings. 

STEAMBOATS— 
See  Boats. 

STEAM-BOILERS  AND  ELEVATORS— 
See  Boilers:  Boilers  and  Elevators. 

STEAM  RAILROADS— 

when  nuisance  in  street — See  note  to  heading  of  Chapter  11  Art. 

1 2  on  nuisances   Uyj 

not  to   bring  to   city   persons   with   contagious   or  epidemic   dis- 
eases, when   /    "•*•'  S21 

I    711  822 

corpses  of  persons  dying  from  certain  diseases  not  to  be  brought 

into    city    744  840 

penalty  for  importing  into  city  paupers  or  poor  insane 750  869 

soliciting  passengers,  etc.,  at  depots  of — See  Railroad  Depots. 
sale    of    articles    at    depots    of — See    Fruit;    Vegetables;    Misde- 
meanors. 
regulations  at  depots  of — See  Railroad  Depots. 

emission  of  smoke  from  engines  of /  ^^-^        lt)20 

\  948         1859 
difference  of  authority  of  city  to  regulate,  and  street  railways — 

See  note  to  heading  Chap.  23.  Art.  V 940 

gates  at  crossings  required,  watchman 94G         1S52 

gates  and  watchmen,  see  note  to  sec.  1852 94G 

penalty   violation   above   ordinance 946         1853 

police  to  enforce  ordinances 947         x854 

definition  of  term  "streets"  in  article 947         1355 

limitation    of    speed 947         iS56 

decisions  on  right  of  city  to  regulate  speed  of,  see  note  to  sec.  1856  947 
violation  of  speed  ordinance  is  negligence  per  se.  see  note  to  sec. 

1856    947 

cars  not  to  obstruct  streets;  bell  to  be  rung;  danger  signals,  cars 

how  manned,  whistles  when  blown,  etc 948         1857 

decisions  as  to  damage  suits  for  failure  to  observe  the  require- 
ments of  ordinance,  see  note  to  sec.   1857 948 

penalty    for   disobeying    regulations 948         1858 

engines  on  Poplar  street  track  to  use  coke 948         1859 

on  Poplar  street  shall  not  obstruct  over  two  minutes 948         1860 

decisions  as  to  Poplar  street  track,  see  note  to  sec.  1860 948 

penalty  obstructing  Poplar  street 949         1862 

climbing   on    engines,    misdemeanor 949         1862 

regulation   where  street-railway   tracks  cross 953         1866 

locomotive   for  us»'  ■■''  ■  i'^    w ,,.,,. „,.,i.^  982         1962 

STOCK  (LIVE)  — 

See  Horses;  Cattle;  Animals. 

STOCK  AND  BOND  BROKER— 

when  must  have  license  as  auctioneer — See  .4««7ioneer. 
when  must  have  license  in  general — Su"  /;.-.. i-.-.v 


SEC. 


1302  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

{Index  to  Charter  and  Notes,  pp.  46S-5-42. 
Index  to  Scheme,  pp.  279-286. 
Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

STOCK-YARDS—  page. 

proprietor  of,   defined 1046         2247 

license   for,   amount 1046         2250 

license  for,  when  payable  and  duration,  ord.  22599,  see  app 1161 

license  before  doing  business 1047         2253 

penalty    doing   business    without 1047         2255 

decision  upholding  ordinances  on,  see  note  to  heading  of  Art.  17 

of   Chap.    31 1046 

STOLEN  PROPERTY— 

See  Misdemeanor. 

STONE,  ETC.— 

See  Buildings;  Wharf. 

throwing,    misdemeanor    S91         1614 

STONE-QUARRIES— 

I    704  625 

■not  to  be  opened  without  ordinance,  etc i    „Pg  j.,g 

decisions  on,  see  note  to  sec.  625 704 

blasting  near  highways,  precautions  necessary 882         1563 

excavations  for,  how  to  be  protected SS2         1563 

STORES— 

See  Buildings :  Junk-Shops. 

vaults   and   privies   in 690           571 

when  keepers  of,  may  use  hydrants  in  neighborhood 1101         2477 

water  rates  in 1103         2487 

STOP-COCKS  AND  BOXES— 

See  Water-Co>i7iections :  Gas  Connections. 

STOVE— 

how  set   587  I-jI 

STRAW— See  Hay. 

STREET-CARS— 

See  Street  Railwap  Cars. 

STREET  COMMISSIONER— 

,,.,.„,.  f    620  271 

and    drinking    fountains •     g2Q  27'' 

to  grant  permit  for  excavation  on  wharf 648  369 

to  furnish  plats  to  City  Counselor. . : I    g^^         -j^ct^g 

functions,  powers  and  duties  with  respect  to  construction  of 
streets  and  highways,  see  sections  under  Streets  and  High- 
ways. 

powers  in  case  of  obstructions — See  Ohstructions. 

to  aiipoint  employes  in  street  sjirinkling  division 771         1076 

authority  and  powers  as  to  street  sprinkling,  see  Street  Sprink- 
ling. 

to  establish  numbers  of  houses,  etc. — See  Houses. 

^      ,.      .       ■            ,,         J-    •  •                •    <-  J  V  (804         1205 

subordinates  in  garbage  division  appointed  by •!     gQg         j^207 

to  require  excavations  and  holes  to  be  fenced 811  1239 

tofence  excavations  or  holes  in  highways 811  1240 

to  require  proper  placing  of  water  and  gas  stop-cocks 812  1244 

control  over  City  Forester,  etc. — See  City  Forester. 

appoints  what  employes  in  City  Forestry  division 813  1253 

appointed    by    Mayor 868  1509 

permit  for  sewer  and  water  connections 930  1798 

fixes  grade  for  street  railway 959  1S79 

directs  reconstruction  of  street  car  tracks 960  1881 

directs  material  of  repair  of  street-car  tracks 900  1882 

when  Assistant   Street   Commissioner  may  act  on   Board   Public 

Imp'ts 367  1909 

supervises  lighting  and  cleaning  of  public  lamps,  see  Lighting  of 

Streets.  Public  Places. 

©numeration  of  general  duties 975  1945 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1303 


'Index  to  Charter  and  Notes,  pp.  4G3-542. 
Imlex  to  Scheme,  pp.  279-286. 
,  Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 


STREET  COM.MISSIONER— Continued.  paok. 

to  enforce  ordinances  on  streets,  and  street  railways 975 

to  keep  streets,  etc..   in   good   condition 970 

to  supervise  numbering  of  liouses — See  Houses. 

appoints  wliat  subordinates  and  employes 97G 

employes  in  department  of,  salaries,  bonds,  duties 97U 

additional  employes  in  department  of  Street  Commissioner,  and  [  ^^** 

^^'^■■''^^     1  ^9 

f  976 

conveyances  to  certain  employes,  horse  and  buggy -{  979 

I  980 

may  rent  offices   for  superintendents 980 

salary  and  bond  of 989 

on  second  conviction  in  police  court  of  weigher,  to  remove  scales  1127 


SEC. 

1945 
1945 

1946 
1946 
1948 
to 
1952 
1946 
1952 
1953 
1954 
1996 
2583 


STREET  DEPARTMENT— 

street  sprinkling  division  of — See  Street  Sprinkling. 

garbage  removal  of  by — See  Garbage. 

subordinates  in  garbage  division  of — See  Garbage. 

City  Forester  division  of — See  City  Forester. 

Street  Commissioner  at  head  of — See  Street  Commissioner. 

subordinates  and  employes  of.  see  Street  Commissioner. 

division  of  city   into   four  districts 978 

STREET-RAILWAY  CARS— 
See  also  Street  liaiUrays. 

how  may  pass  over  hose  of  fire-department 628 

fire  apparatus  has   right  of  way  over J         ° 

r    882 

right  of  wav  as  between  vehicles  and }  „„!; 

961 

[  962 

I  ight  of  way  as  between  cars 953 

spitting   in,    misdemeanor    886 

persons  In  charge  of,  to  post  anti-spitting  ordinance  in 886 

minors  forbidden  to  get  on,  while  in  motion.     [Sec.  repealed.]..  892 

rules,  regulations  and  provisions   for  running 950 

power  of  city  to  regulate — See  note  to  sec.  1864 951 

ordinances  concerning,  when  binding  without  acceptance  by  com- 
panies— See  note  to  sec.  1864 951 

when  violation  of  ordinance  is  negligence  per  se  and  creates  cause 

of  action — Sec  note  to  sec.  1864 951 

how  far  company's  rules  valid;  See  note  to  sees.  1864  and  1870..    951,  957 

decisions  on  vigilant  watch  ordinance.  See  note  sec.  1864 952 

introducing  ordinance  in  evidence.  See  same  note 951 

speed   regulations    952 

eCfecl    of    speed    regulation    ordinance,    right    of    city    to    enact 

same,    etc.     See   note    to   sec.    1865 952 

regulations  where   tracks  of,  cross  steam  railroad   tracks 953 

time   schedules    for,    regulations    953 

references  and  decisions  as  to  power  of  city  to  fix  time  schedules 

for.  See  note  to  sec.  1867 955 

violation  of  speed  or  time  schedules  or  other  regulations 955 

each  car  to  be  run  over  entire  route 956 

construction  of  section.  See  note  to  sec.  1869 956 

passengers  not  required   to  change  cars,  exceptions 956 

how  routes  of,  may  be  changed  956 

regulations   receiving  and   discharging   passengers,  stopping   of 

cars,  etc 956 

slow  down  at  crossings,  ringing  gong — red  light 957 

penalty  for  violating  last  section   957 

printed  copy  to  be  posted  in  cars  of  sec.  1870 957 

fenders  on,  approval  of  957 


1947 


297 
301 
1885 
1561 
1864 
1886 
1888 
1S6<J 
1  .iSG 
1589 
iei7 
1864 


1865 


1866 
1867 


1S68 
1869 

1869 
1869 

1870 
IS  70 
1871 
1872 
1873 


1304  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

f  Index  to  Charter  and  Notes,  pp.  463-542. 

J  Index  to  Scheme,  pp.  279-2S6. 

(Index  to  State  Latvs  for  St.  Louis,  pp.  225-256. 

STREET  RAILWAY  CARS— Continued.  page.        sec. 

tenders,   revocation   of   certificate,   new   fenders 958         1874 

use  of  broken  or  ineffective,  misdemeanor 958         1874 

operating,  without  fenders,  penalty  958         1875 

getting  on  fenders  forbidden    958         1876 

-    brakes,   approval,    penalty    failure    to    provide 959         1877 

brakes,  revoking  approval,  new  brakes,  penalty 959         1878 

rails,  gauge,  tracks,  etc.,  see  Street  Railways. 
decisions  as  to  imposition  of  license-taxes  on.  See  note  to  head- 
ing of  Art.  IS  of  Chap.  31 1047 

all   companies,   firms,   etc.,    operating,    to   pay   license 1048         2257 

license  tax  on  each  car,  tax  how  computed  1048         2258 

equipment  of  cars  to  enable  determination   of  license-tax^ 1048         2259 

investigation  of  correctness  of  report,  by  whom  and  how 1049         2260 

failure   to   report  passengers  on,  or  interfering  with   inspection 

of  report  or  registers 1049         2261 

License  Collector  to  notify  companies   to  pay   license   on 1049         2262 

failure  to  pay  license-tax  on,  misdemeanor 1049         2262 

failure  to  pay  license-tax,  revocation  of  license 1049         2263 

article  not  affecting  special  ordinances  concerning   1050         2264 

STREET  RAILWAYS— See  Street-Kaihraij  Car.':. 

when  nuisance  in  streets — See  note  to  heading  nuisance  in  Chap. 

11,    Art.    12    693 

stations,   spitting,    misdemeanor    SS6         15S6 

references   to   laws   concerning — See   note   to   heading   of   Chap. 

23,  Art.  6 949 

application  of  article  on    949         1863 

decisions  on  what  ar^.  See  note  to  sec.  1863 949 

all  provisions  concerning  cars  of,  see  Street  Railway  Cars. 
decisions  as  to  power  and  control  of  city  over,  See  note  to  sec. 

1864     951 

decisions  concerning,  see  Street-Raihcay  Cars. 

violating  speed  or  time  schedule  or  other  regulations 955         1868 

promulgation   of  unlawful   schedules,   who   liable    955         1868 

how  routes  of,  may  be  changed    956         1S69 

rules  for  operating  cars,  etc.,  see  Street-Raihvay  Cars. 

rails,  guage.  width,  shape,  regulations,  etc 959         1879 

tracks  of,  construction  and  reconstruction    960         1881 

failure  as  to  construction,  penalty   960         18S1 

keeping  space  between  rails  and  tracks  in  repair '  960         1882 

penalty    for    failure    to    repair    961         1882 

violation  of  article  on,  misdemeanor   961         1883 

liability  of,  and  exemption  of  city,  for  damages 961         18S4 

to  make  periodical  reports,  contents,  penalty  for  failure 962         1889 

approaches,   termini,  crossings,   etc.,   to  be  kept  clean   and   free 

from    snow,    ice,    dirt,    etc 962         1890 

penalty    for    failure,  for    above    962         1890 

,         ..                         ,                                                          f  962         1S91 

may  use  improved  motive  power,  when  ■;  ggg         .^^^.^ 

may  not  increase  fare   963         1893 

decisions  as  to  power  of  city  to  regulate  fares.   See  note  to  sec. 

1893    963 

not  to  carry  freight,  nor  run  dummies,  or  engines,  etc 963         1893 

when  tracks  may  be  used  by  other  companies 963         1894 

procedure   to   determine   compensation    for   use   of    road    by    an- 
other road   963         189.^ 

same — commissioners,  proceedings,  report,  compensation,  etc. . . .  964         1896 

same — procedure   on   report,   bond,    indemnity 964         1S97 

same — appeal    from    decision     965         ]  S9S 

same— limitation  of  use  of  track  by  new  company 965         1899 

surrender  of  franchise  of,  how  and  when    965         1900 

forfeitui-e  for  non-user.  See  note  to  sec.  1900 965 

to  sprinkle  space  between  tracks,  when,  etc 965         1901 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1805 


f  Index  to  Charter  and  Notes,  pp.  463-542. 

1  Index  to  Sch-eme,  pp.  279-28G. 

( Index  to  Utate  Laws  for  St.  Louis,  pp.  225-256. 


STREET   RAILWAYS— Continued.  page. 

same — device  for  sprinkling  approved  H.  P.  1 006 

same — penalty  for  failure  to  sprinkle   96t> 

Street  Commissioner  to  enforce  ordinances  respecting 975 

license  on,  see  Street-liailicay  Cars. 

decisions  as   to   power  of  city   to  impose  license-taxes   on.   See 

note  to  heading  of  Art.  18,  of  Chap.  31 1047 

how  to  equip  cars  to  enable  license  tax  ascertained 1048 

to  make  report  passengers  1048 

when  report  to  be  made,  and  what  to  contain   1048 

Comptroller    or    deputies    may    investigate    correctness    of    re- 
port   1049 

compensation  of  inspectors   -. 1049 

failure  to  report,  or  interfering  with  inspectors 1049 

failure  to  pay  license  t&x.  misdemeanor 1049 

failure  to  pay  license-tax.  revocation  of  license 1049 

article  on   license-tax   not  exempting,   from   burdens     of  special 

ordinances  or  agreements    1050 

STREET  SPRl.XKLl.VG— 

contract  let  for,  by  Board  Public  Improvements 770 

contract  to  be  let  annually   772 

districts  for,  and  what  included 770 

lettings  of  contracts  for,  how  made 770 

water  free  to  contractor  771 

contractors   for,  damage   to   Fire   Plugs 771 

contractors  for.  damage  to  fire  plugs 771 

damage  to  fire-plug,  decisions  on — note  to  sec.  1072 771 

regulations   by  Board   Public   Improvements 771 

specifications  for  contracts  tor,  before  advertising 771 

bids  may  be  rejected,  re-advertisement   771 

Street  Commissioner  regulate  work  in,  and     quantity  of  water 

used    In 771 

Street    Commissioner    has    charge    of 975 

rules  made  by  B.  P.  1 771 

department,  employes  In,  how  appointed,  salaries,  tenure,  etc....  771 

employes  furnish  own  conveyances 772 

annual   lettings   for.   bond   to  be  given 772 

commissioner  may  withdraw  streets  from 772 

commissioner  may  withdraw  fire-plug  from  use 772 

cost   of.   how   paid   and   apportioned    772 

form  of  special  tax  bill  for  772 

special  tax  for — See  Special  Tax. 

contract  cost  to  be  paid  contractor  monthly 775 

temporary  clerks  for,  employed  by  Comptroller,  City  Counselor 

or   Pres.   \i.   P.   1 775 

to  clean  market-places,  etc..  by  Market-Master 856 

cart,  to  pay  license   933 

by  street-railways,  between  tracks 965 

same — what  device — approval  of  966 

same — penalty   for   failure    •. 966 


SEC. 

1902 
1903 
1945 


2259 
2259 
22,59 

22fiO 
2260 
2261 
2262 
2263 

2264 


f  ^* 
to 

(  107 


941 
107 
942 
to 
1071 
1072 
1072 
1072 
1072 

1072 
1073 
1074 

1075 
1945 
1075 
1076 
1076 
1077 
1078 
1079 
lOSO 
1080 

1081 

1082 
1437 
1810 
1901 
1902 
1903 


STREET  SPRIXKLI.NG  DEPARTMENT— 
See  Street  Sprinkling.' 


STREETS  AND  HIGHWAYS— 

[Under  this  heading  Is  Indexed  all  matter  applicable  generally  to 
all  highways,  of  whatever  kind,  whether  streets,  sidewalks, 
alleys,  boulevards,  bridges,  etc.  But  matter  peculiar  to  cer- 
tain kinds  of  highways  and  not  equally  applicable  to  all  high- 
ways is  treated  of  under  specific  heads,  such  as  Alleys,  Bottle- 
rard.i.  .Mi.i.iissippi  River.   Wharf.  Sidewalks,  etc.] 

no  fires  on  asphaltum   


611 


223 


1306  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

(•Index  to  Charter  and  Notes,  pp.  463-542. 

J  Index  to  Scheme,  pp.  279-2S6. 

{ Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

STREETS  AND  HIGHWAYS— Continued.  page.        sec. 


{ 


612  224 

burning  matter  on,  prohibited -[     811         1242 

699  597 

carrying  burning  coal  or  brand  on 612  227 

obstructions  in — See   Obstructions ;  Nuisance. 

ponds  in    70S  63S 

blocking  or  withdrawal  of,  by  Health  Commissioner  in  case  of 

contagious   diseases    736  803 

temporary  closing  of,  by  Street  Commissioner  and  Mayor 760  914 

decision  on  temporary  closing  of  street — See  note  to  sec.  914.  . . .       760 

shade  trees,  where  planted — See  Trees. 

excavations  orholes  in — See  Excavations;  Danger-Signal. 

temporary  occupation  of,  while  building,  how  regulated,  and  what 

required     765  928 

temporary  occupation  for  building  purposes,  etc.,  permit,  special 

fund,  authority  of  Street  Commissioner,  etc 765  928 

building  material   on    765  928 

how  much  of,  by  temporary  occupation  permit 766  928 

temporary  occupation  for  building,  temporary  sidewalks,  danger- 
signals,  withdrawal  of  special  fund,  etc 766  928 

f     769  938 

condition  of.  to  be  reported  by  police ■!     __„  „„„ 

to  be  cleaned   by   Street  Commissioner. — expense 770  940 

sprinkling  of — See  Street  Sprinkling. 
numbering  of  houses  on — See  Houses. 
stationary  awnings  on — See  Awnings. 

electric    wires,    tubes,    conduits,    cables,    etc.,    oh — See    Electric 
Wires,  Tubes,  Conduits,  Cables. 

t     7S7  1 1  '^"^ 

to  be  restored  after  erection  of  poles  for  electric  wire,  etc •,'     '°'         ::  "" 

t     SOO  1182 

lighting  of — See  Lighting  of  Streets,  Public  Places  and  Buildings. 
poles  in — See  Telegraph  and  Telephone  Poles. 
removal  of  garbage  from — See  Garbage. 

holes  or  dangerous  places  near  to  be  filled  or  fenced — See  Exca- 
vations. 
trees  on — See  Trees;  City  Forester. 

meaning  of  term  "street"  in  steam  railway  article 947         1855 

obligations  of  street  railways  respecting — See  Street  Railways. 
vaults  under — See  Vaults. 

to  be  kept  in  condition  by  Street  Commissioner  975         1945 

city  divided  into  four  districts   978         1947 

Opening.  Widening.  Estahlish'mg.  Altering,  etc. 

article  not  retroactive  as  to  special  benefits 752           876 

Street  Commissioner  to  furnish  plat  to  City  Counselor 752          877 

condemnation  proceedings  for.  notice  of  district  to  be  bene- 
fited or  damaged,  notice  of  hearing,  hearing,  exceptions.  752          878 

decisions  and  references,  see  notes  to  sees.  878-880 753 

Comptroller's    vouchers    for    damages,    receipts    for    benefit 

judgments,    etc ' 753          879 

payment   of  benefits,   interest,  execution 753           880 

execution  sale  for  benefits.  City  Counselor  protect  city 753          880 

decisions  as  to  execution  for  benefits,  see  note  to  sec.  880. . .  753 

satisfaction   of  judgment   for   benefits 754          SSI 

compensation  of  commissioners 754          882 

clerical  work  done  by  whom.  In  City  Counselor's  office 754           883 

buildings,  etc..  on  condemned  property,  how  sold 768           931 

City  Counselor  to  bring  and  prosecute  actions  for 841         1368 

Commissioners  to  meet  in   City   Counselor's   office,   adjourn- 
ments      842         1373 

duties   of   Clerk    in    City    Counselor's    office    respecting — See 

ordinance  23038,  in  appendix 1149 


INDEX  TO  REVISED  CODE  OR  GENERAI-  ORDINANCES. 


1307 


Index  to  CJiartrr  and  Xotes.  pp.  463-542. 
Index  to  Sihfmp.  pp.  279-286. 
.  Index  to  Utatv  Laws  fur  St.  Louis,  pp.  225-256. 


STREETS  AND  HIGHWAYS— Continued. 

Board  of  Public  Improvements  to  prepare  ordinances  for. 
Street  Commissioner  has  charge  of,  etc 


dedication  of. 

plans   of   hiRhways.   subdivisions,   etc. 

approved   by   B.   P.    I 

what  plans  to  contain 


to   be   submitted    and 


PAGE.  .SEC. 

968         1913 
975         1945 


Coytstntction.   Iteconstnictioii.   Improviiifi.   Repairinp.   and   Main- 
tenance. 

in  charge   of  Street   Commissioner 

may  all  be  let  in  one  contract 


bill  submitted  by  Board  Pub.  Imp.  to  assembly 

advertisement  for  proposals  by  Board  Pub.  Imp.  after  passage 
of  ordinance   

advertisement    to   contain   what 

awarding  of  contract  to  be  on  usual  terms 

how  lowest  bid  ascertained 

when   maintenance  obligation  begins 

how  cont  ract  price  paid 

repairs,   how   paid   for 

Street  Commissioner   directs   rei)airs 

reconstruction  by  contractor  for  inferior  work,  when  and  how 
ordered    

effect  of  clause  to  "maintain  in  repair  for  five  years."  see 
note  to  sec.  S91 

failure  to  reconstruct,  cancellation  contract,  etc 

failure,   reconstruction  cost  recovered   from  contractor 

repairs  resulting  from  disturbance  of  paving 

same — cost  how  ascertained  in  case  disturbance 

contractor  has  right  to  make  repairs,  when 

contracts  to  contain  above  provisions 

bond   for  maintenance   required 

gas,  sewer  and  water  connections  to  be  made  in  advance,  un- 
less  permit,   etc 

width,  material,  and  cross-grade  of  sidewalks — See  Sidewalks. 

permission  to  construct  cross-walks 

.  repairing  of  sidewalks — See  Sidewalks. 

repairing  of  alleys — See  Allei/s. 

repairing  streets,  what  material   to  be  used 

when  gas-company  to  repair — See  Gas-Connections. 

temporary  closing  of.  etc..  while  work  being  done 

private  persons  on  jiermit  from  B.  P.  I.  construct  streets,  etc. 

deposit  where  private  persons  construct,  etc 

vaults  under — See  Vaults. 

excavation  in — See  Excavations. 

procedure  and  proceedings  by  B.  P.  I.  for  proposed  improve- 
ments     

same — how  conducted — remonstrance,  preparation  of  ordi- 
nance by   board 

clause  to  maintain  in  repair 

what  oralnance  by  board  for  improvement  to  contain 

annual  repair  contract  by  B.  P.  I 


9f)9 
969 


offenses  connected  therewith. 
See  also  Misdemeanors. 

fires   on   asphaltum   prohibited 

burning  matter  on.  prohibited 

carrying  burning  coal  or.brand,  on 

obstructions — See  Obstructions;  liuisance. 

ponds   on  streets . .  .■ 

not  making  sewer  and  gas  connections  before  stfeet  Improve- 
ments     


758 


760 


969 


1917 
1917 


975 

1945 

7.54 

884 

754 

884 

96S 

1913 

754 

885 

755 

886 

755 

887 

755 

888 

755 

889 

755 

889 

755 

890 

755 

890 

891 


755 

756 

892 

756 

892 

756 

893 

756 

894 

756 

895 

756 

896 

756 

897 

898 


902 


911 


760 

914 

761 

917 

761 

918 

1918 


969 
969 
969 
969 
989 

1918 
1918 
1919 
1919 
1994 

611 
612 
612 

223 
224 
227 

708 

638 

757 

898 

130S 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


(-Index  to  Charter  and  JSiotes.  pp.  463-542. 

J  Index  to  Scheme,  pp.  279-2S6. 

1  Index  to  State  Laios  for  St.  Louis,  pp.  225-256. 


STREETS  AND  HIGHWAYS— (Offense.s.  etc.)    Continued  page. 

cross-grade  for  alley  disi-egarded 757 

misplacing  stop-cocks  for  gas  or  water |    '   , 

failure  to  fence  excavations,  or  display  danger  signals — See 

Ercavations    763 

rubbish  from  burned  buildings  on  sidewalk 768 

violation  of  regulations  temporary  occupation  of  highways.  .  768 

disregarding  regulations  for  planting  shade  trees 761 

excavations — See  Excavations. 

barbed  wire  fences  prohibited,  penalty ■;  ^^^ 

driving  on  sidewalk,  hitching  to  trees,  etc 805 

vaults  extending  into  to  be  protected 806 

openings  in  sidewalks,  not  observing  regulations 806 

cellar  doors  and  gratings  to  be  closed  and  secure 806 

disregarding  regulations  as  to  projecting  signs,  obstructions 

on  sidewalks,  merchandise  or  goods  on  sidewalk,  etc.  .  . .  806 

same  as  to  balconies,  bay  windows,  etc 812 

fruit  and  candy  stands  interfering  with  traffic,  etc 807 

hoisting  merchandise  over  highways,  etc 80S 

injuring  public  property  on  highways 808 

defacing  public  property  on  highway,  etc 808 

coal  and  firewood  not  to  be  thrown  on  highway 80S 

obstructing  street  by  vehicles 808 

spilling  stuff  from  wagons,  etc.,  on  street 808 

same — owner  as  well  as  driver  liable 809 

pouring  or  spilling  certain  liquids  on  certain  streets S09 

oil  drippings,  liquids,  etc.,  on  certain  streets 809 

filth,   snow   and   ice   on 810 

littering  up  streets  with  wire  or  waste  materials SIO 

no  advertisements  to  be  painted  on 810 

breaking  or  removing  danger  signals  on 811 

trundling  wheelbarrow  or  cart  on  sidewalk 812 

general  penalty  for  violating  provisions  of  chapter  on 812 

misdemeanors — See  Misdemeanors. 

SUBPOENAS— 

right  of,  and  effect  of  failure  to  obey,  from  Municipal  Assembly, 

see  Municipal  Assemhhi. 
right  of.  in  trial  of  suspended  officers  by  Council,  see  Officers. 

hearing  before  Board  License   Revision 1015 

SUITS— See  Actions:  Police  Courts. 

SUNDAY— 

keeping  meat-shop  open  on,  morning,  see  note  to  sec.  1475 863 

disturbance  of  worship  on,  by  band  of  music,  etc 878 

hucksters,   hawkers  and  peddlers  not   to  sell   on 1042 

flags  not  to  fly  on  public  buildi'ugs.  etc.,  on 548 

art  museum  open  on 549 

SUPERINTENDENT— 

See  under  names  of  respective  Institutions  or  Official  Officers. 

SUPERVISOR  OF  CITY  LIGHTING— 

to   test   gas-meter    on    request 634 

to  notify  gas  company  to  correct  meter 034 

duty  of.  where  gas  company  fails  to  furnish  gas  as  per  contract 

with   city    '.....  634 

duty  of,  to  enforce  gas  contract   with  city C35 

to  examine  gas-pipe  and  public  lamps 635 

to  test,  seal  and  stamp  gas  meters 635 

to  requii-e   adjustment   of   incorrect    registration   of  gas-meter...  635 

to  record  and  report  inspection  of  gas-meters 635 

to  print  time-tables  for  lighting  gas 636 


SEC. 

900 

913 

1244 

925 
930 
930 
916 

1208 
1209 
1210 
1212 
1213 
1214 

1216 
1243 
1217 
1220 
1221 
1224 
1222 
1223 
1225 
1227 
1228 
(  1229 
t  1230 
1234 
1235 
1235 
1237 
1245 
1246 


2112 


1475 
1540 
2225 
.  3 
6 


334 
334 

335 
336 
336 
337 
338 
340 
342 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1309 

{Index  to  Charter  and  \otes,  pp.  4G3-542. 
Index  to  Sc/ieme,  pp.  279-286. 
Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

SUPERVISOR  OF  CITY  LIGHTING— Continued.  page.  sec. 

to  pass  on  correctness  of  city  gas-bills 63C  344 

when  to  cut  down  electric  wiring,  etc 7S9  1129 

to  have  registry  of  authorized  employes  of  companies,  etc 790  1134 

office  of,  qualifications,  appointment  of  inspectors 790  1139 

salary   and   bond   of 791  1140 

employes,  appointment,  salaries,  duties,  etc 791  1140 

duties  of   791  1141 

has  charge  of  all  apparatus   in  lighting   public   buildings;    cost, 

how   paid    791  1142 

under  directions  Board  Public  Improvements ,  791  1142 

under  control  of  Board  of  Public  Improvements 793  11.55 

to  inspect  all  premises  on  which  electrical  energy 791  1143 

duty  of  owners  to  admit 792  1144 

to  remove  wires  w-here  identification    marks  illegible 792  1145 

when  may  remove  dead   or  uncared-for  wires 793  1151 

to   furnish   own   conveyance,  allowance   therefor 793  1154 

removal  of,  by  B.  P.  I "93  1155 

statement  as  to  telephone  poles  and  housetop  wires 801  1189 

SrPERVISOR  OF  PLUMBING— 
See  Plumbers. 
uew     ordinance     provisions     respecting — See     Ai)pendix.     Ord. 

23007    1 1 .50-1 1 53 

other  ordinances  affecting — See  Plumbers. 

SUPPLIES  AND  SUPPLY  DEPARTMENT— 
See  Comissioner  of  Supplies. 

SIKGKRY — See  Medicine  and  Surffer}/. 

SURVEYORS— 

See  City  Surveyors. 

SUSPENSION  OF  OFFICERS— 
See  Officers;  Mayor. 

SWILL  AND  SWILL-CARTS— See  Garbage. 

SWI.MMING— 

in  Mississippi  or  other  water  in  daytime  is  misdemeanor 870         1517 

SWIMMING  SCHOOLS  OR  BATHS— 

license   rates    , 1099  2465 

charges  on  certain  days  regulated,  penalty 1099  2466 

waste  of  water  by.  penalty 1099  2467 

T 

TANKS— 

See  M'ater-Tanks. 

oil-tanks  on  vehicles — See  Vehicles. 
TANNERY— 

provisions  concerning 704    625-626 

T  A  PS- 
See  \\'ater-Connections. 
TAX-BILLS— 

s|)ecial — See  Special  Tax-Bilts. 

rebate  on    1056         2291 

Comptroller  to  give  Auditor  statement  of,  turned  over  to  Collector     1088         2423 

deposited  in  Comptroller's  office 1089         2427 

TAXES— 

See  Special  Tax;  Lien. 

city  tax  levied  annually 1013         2103 

merchants',  and  licenses — See  Merchants'  Tar  and  License. 

on  dogs — See  Dogs. 

assessments  and  returns  for — see  Assessment  of  Property. 

by  way  of  license — See  Licenses. 

rebate  on    1056         2291 


1310  INDEX  TO  RE\'ISED  CODE  OR  GENERAL  ORDINANCES. 

r  Index  to  Charter  and  yotes.  pp.  463-542. 

J  Index  to  Scheme,  pp.  279-286. 

(index  to  State  Laics  for  St.  Louis,  pp.  225-256. 

TEACHERS —  page.        sec. 

to  remove  pupils  having  contagious  disease 735  800 

TELEGRAPH  AND  TELEPHONE  COMPANIES— 

provisions  affecting — See  Electric  Light  and  Power  Companies. 
wires,   tubes,   cables,   etc. — See  Electric  Wires,   Tuhes,   Conduits, 

Cables  and  Poles. 
poles  of — See  Telegraph  and  Telephone  Poles. 
right  to  fix  charges  of — See  Telephone. 
telephone  companies — See  Telephone. 

TELEGRAPH  AND  TELEGRAPH  POLES,  etc. 

of  fire  and  police — See  Fire  and  Police  Telegraph  Department. 

in  streets — See  note  to  Sec.   1093 778 

electric — See  Electric  Wires.  Tubes.  Conduits.  Cables  and  Poles. 

right  of  city  to  charge  for  poles — See  note  to  Sec.  1093 778 

of  Westem  Union  and  Postal  Companies — See  note  to  Sec.  1095. .  779 

■when  to  be  removed 786         1114 

when  wires  may  be  strung  on,  permit  for 787         1120 

to  be   placed   in   alleys,   when   practicable;    procedure   for   deter-  f  787         1121 

mining  \  799         1180 

(    787         11" 

dimensions,  construction,  location  of,  etc {    ^n-,         , ,  „, 

I    799         1181 

streets  and  alleys  to  be  restored  after  erecting ■>    g^i         ..g., 

^     ,     .    .^               •  •              ,       »          .     *  r    788        1124 

control  of  city  over  wiring  on,  location  of,  etc ■     ^qq         ,,^3 

conditions  of  setting  of 799         1179 

f   add        ITS'* 
Board  may  direct  alteration,  change  location,  etc }    -og         ii-ij 

deposit  to  cover  cost  of  restoring  paving  disturbed  by 800  11S4 

use  of  top  cross-arms  by  city  to  be  agreed  to 800  11S5 

article  not  construed  as  preventing  city  from  altering  ordinances  800  1186 

companies  to  file  acceptance  of  top  cross-arms  provision 800  1187 

compensation  to  city  for  use  of  streets  by 801  IISS 

decisions  on  right  of  city  to  charge  for  use  of  streets  by — See 

note  to   Sec.   1188 801 

statement  by  Supervisor  as  to  housetop  wires,  and  poles,  etc....  801  1189 

Collector  may  examine  company  officers  as  to  number  of SOI  1190 

failure  to  pay  amount  due  city  for,  penalty 801  1191 

injuring,  misdemeanor _. 790  1136 

sticking   posters   or   advertisements   on    or   aiding   same,   misde- 
meanor    S^''  lo90 

TELEGRAPH  WIRES— 

See  Electric  Wires,  Tubes,  Conduits  and  Cables. 

TELEPHON'E— 

wires  and  poles,  etc. — See  Electric  Wires,     Conduits.     Tribes  and 
Cables. 

wires  and  poles  in  streets,  discussion — See  note  to  Sec.  1093 778 

f    785         1113 
fixing  price  of  services  to  customers <     gQ2         ^95 

rates  cannot  be  fixed  by  city — See  note  to  Sees.  1195,  p.  802,  and 

1093.  p.  778. 
poles — See  Telegraph  and  Telephone  Poles. 

companies,  conditions  for  using  streets,  etc SOI         1192 

companies,  percentages  of  gross  receipts  to  city 8.02         1192 

companies,  Comptroller  may  examine  books 802        1193 

companies  and  officials  refusing  to  pay  percentage,  misdemeanor      802         1194 

TENEMENT   HOUSE— 
See  Buildings. 

term  defined  in  Building  Code 563  61 

,  ^     ,  .         .                 .  ,  f    706  629 

term  defined  in  nuisance  article <     ggg  jg^ 

when  must  be  first-class  building 564  63 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1311 


f  Index  to  Charter  and  27otes.  pp.  -463-542 
;    <  Index  to  Scheme,  pp.  279-2SG. 

i  Index  to  istate  Laws  for  St.  Louis,  pp. 

TENEMENT  HOISE— Continued,  paok. 

atea   load  i)erniitteil   in  construction    5(;S 

thickness    of    brick    walls    in [[[  574 

partition  walls  in /  ^"^^ 

t  575 

fire-stops  in  walls  of 575 

how  plastered   57G 

stairways  in    582 

r  583 

fire-escapes  in   J  596 

i  597 

height  of  rooms,  skylights,  ventilating,   etc.,   in 598 

vaults,  privies,  closets  in 1  , „  ,* 

^  10u2 

In  nuisance  article  defined I  U^^ 

I  (06 

shall  be  nuisance,  when /  |i^i 

conditions  of  construction 702 

sewerage  in — See  Setters. 

keeper  or  agent  to  give  notice  of  contagious  disease 736 

sidewalks  and  gutters,  etc.,  abutting,  to  be  cleared  of  dirt,  filth, 

snow  and  ice,  by  whom 810 

sinks,  basins  and   tubs  in,   regulations 1063 

owners,    etc.,    of,    when    may    be    compelled    to    lake    out    water-  )  -^n„      f 

license  from  city /  ^  \ 

water-rates  in   1103 

defined  in  water-license  article 1105 

THE  REVISED  CODE  OF  ST.  LOUIS— 
See  Revised  Code. 

THEATRE— 

meaning  of  term  in  Building  Code I  jl/j, 

building  must  be  first-class. 564 

walls  of 571 

fire-escapes  in   583 

heating  apparatus  in,  rgeulations 587 

regulations  for  buildings  used  as 598 

duties   of   Building   Commissioner  to   inspect 509 

stairways,  aisles,  skylights,  curtains,  exits,  stage  roots,  scenery, 

lights,  doors,  and  other  paraphernalia,  etc 599 

stand  pipes  in I  p«j. 

fire  apparatus  In i  ... 

measures  for  prevention  of  fires  in 601 

regulations  relating  to  lights  in 601 

construction  of  new   602 

new.  exits,  entrances,  corridors  and  other  regulations 602 

new,  workshops,  storage,  and  property-room 603 

new,  interior  fire  walls   603 

new,  proscenium  wall  and  openings 604 

new,  interior  construction    604 

new,  aisles,   doors,   exits  and   passages 605 

new,  stairways,  fire  walls. . . .' 605 

new,  location  of  hollers 606 

new,  registers  and  radiators 606 

under  control  of  Building  Department 606 

duty  of  manager,  etc.,  to  post  certificate  of  Commissioner 606 

new,  must  be  first  approved,  what  necessary 607 

new.  no  license  until  certificate 607 

new,  hearing  to  be  had  whether  law  complied  with 607 

new,  revocation   of   i)ermlt — reinstatement 607 

carrying  on  business  without  license 607 


225-256. 

SEC. 

75 
103 
107 
108 
109 
111 
137 
138 
189 
190 
194 
576 
2313 
594 
(!29 
612 
629 
613 

804 

1234 
2313 
2463 
2464 
2487 
2490 


61 
197 
63 
87 
138 
151 
195 
195 

195 
196 
208 
196 
20s 
196 
197 
198 
199 
200 
201 
202 
203 
204 
205 
206 
207 
209 
209 
210 
210 
210 
210 
211 


1312 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


{Index  to  Charter  and  Notes,  pp.  4G3-542. 
Index  to.Sc?i,eme,  pp.  279-286.  ^ 

Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 


THEATRE— Continued.  page. 

aisles   and   egress   from   to  be   unobstructed (,„o 

balcony  or  portico  at  main  entrance  permitted 777 

(  S8^ 
loaded  firearms  not  to  be  discharged   in <     009 

persons  having  charge  to  post  anti-spitting  ordinance 88G 

f  887 
manager  of,  when  may  erect  billboards,  and  how i     „„., 

meaning  of  term  in  license  article 1051 

to  be  licensed 1051 

amount  of    1052 

license  ijrovisions — See  also  Exhibition  or  Shows. 

(  1052 
other  license  regulations <     to 

(  1054 

license,  how  application  made 1053 

duty  of  License  Collector  to  make  inquiry 1053 

petition  of  block  residents 1054 

THEATRICAL  PERFORMANCES— 

immoral  or  indecent,  misdemeanor 870 

firearms  loaded  with  ball,  not  to  be  discharged  at 882 

shows,  exhibitions,  etc. — See  Exhihition  or  Show. 
licenses  for — See  Ttieatres:  Exhibitions  or  Shows. 


SEC. 

212 
213 
1092 
1566 
1567 
1589 
1591 
1592 
2271 
2270 
2274 

2275 
to 
22S5 
2281 
2282 
2283 


1516 
1566 


TICKET  BROKERS— 

See  Railroad  Ticket  Brokers. 


TIRES— 

of  vehicles- 


-See  Vehicles. 


TOWER  GROVE  PARK— 

See  Parks. 

TOWERS— 

on  buildings — See  Buildings. 

TRAPS— 

See  Seivers.  1 


TREASURER— 

duties  returning  or  crediting  deposits  by  bidders  for  supplies  to 

city  1076  2373 

member  of  Treasur.v  Department 1080  2387 

duties  in  Treasury  Department — See  Treasury  Department. 

examination   of  accounts   of  canceled   obligations 1081  2391 

examination  of  books  and  accounts  by  committee 1084      -[  o^ni 

(_  ^40o 

,   same — by  Comptroller  in  conjunction  with  committee 1091  2435 

I        office  created  1092  2438 

general  duties  of,  specified 1092  2439 

all  city  moneys  to  be  deposited  with,  daily.  . . . ._ 1092  2439 

provisions    respecting   city   pay    rolls ." '  1092  2439 

books  of,  open  to  whose  inspection;    daily   report  to  Mayor....  1092  2439 

bond  of   1092  2439 

selection  of  banks,  for  deposits,  regulation  how  determined,  bond 

from  banks,  and  how  funds  drawn  from  1092  2439 

Interest  from  banks  having  city  deposits 1092  2439 

additional    requirements    for,    as    to    books,    accounts,    warrants, 

duties,  etc 1093  2440 

personal  use  of  moneys,  warrants,  funds,  etc.,  prohibited,  cause 

of  forfeiture  of  office 1094  2441 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1313 

r  Index  to  Charter  and  Xotcs.  pp.  4G3-542. 

<  Index  to  Scheine.  pp.  279-2SG. 

(.Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

TREASURER— Continued.  i>.\ge.        skc. 

Assistant    Treasurer.    Paymaster,    clerks,    etc.,    of,    appointment, 

duties,   removal    1094  2442 

responsible  for  employes,  may  require  bond 1095  2443 

may  establish  rules  for  transaction  of  business; 1095  2444 

horse  and  buggy  allowed  to ]{i95  2445 

salary  of,  and  of  other  officers  and  employes  in  department 1095  244G 

TREASURY  DEPARTMENT— 

See  Treasurer;  ComptroJler;  Auditor. 

composition   of   lOSO  2387 

accounts  and  bills  against  city,  what  to  state,  etc lOSO  23SS 

accounts  to  be  vouchered  by  proper  officers lOSO      -[  ?,?? 

accounts,   bills,   etc.,   forwarded   to   Auditor,   statement   to   Comp- 
troller, etc lOSO  2389 

bonds,  coupons  or  other  city   indebtedness,   how,   where  and   by 

whom  paid  ".  lOSO  2390 

same — duties  of  Treasurer.  Comptroller.  Auditor,  Mayor lOSO  2390 

examining  accounts  of  Treasurer  as  to  canceled  bonds lOSl  2391 

same — worthless  claims  in   favor  of  city lOSl  2391 

examining  and   creditin.i;   debts   paid   by   Comptroller   and   Fund 

Commissioners    10S2  2392 

sales  of  bonds,  notes,  etc.,  for  loans  to  be  reported   to   Auditor  1082  2393 

renewal  of  certain  city  bonds  authorized.  Ord.  228G5,  Appendix..  11G2 

all  fiscal  officers  to  report  to  Comptroller,  what 1082  2394 

reports  of  Auditor  and  Treasurer,  what  to  contain 1082  2394 

contracts  by  city,   regulations  and   requisites    : .  .  .  .  1082  2395 

coupons,  bonds,  etc..  exchange  for  registered,  by  Comptroller. . . .  1083  239G 

contents  and  form  of  registered  bonds,  Comiitroller 1083  2397 

transfer  of  registered,  new  registered,  what  Auditor  and  Comp- 
troller to   do 10S3  2398 

how  principal  and  interest  of  registereu  bonds  paid 1084  2399 

cancellation  of  bonds,  certificates.  Mayor,  Comptroller  and  Treas- 
urer. Auditor  to  preserve 1084  2400 

Mayor  apjjoints  committee   annually   to  examine  accounts 1084  2401 

committee   to   report   to  Assembly,   delivery   of  accounts   to   suc- 
cessor    1084  2402 

special  examination  of  accounts  of  officers  by  committee — report  1085  2404 

com|)ensation  of  committee 1085  2405 

Comptroller  to  examine  Treasurer's  accounts  with  committee. . .  1091  2435 
moneys  deposited   in   treasury,  provisions  as  to  pay  roll,  duties 

Treasurer.   Auditor,  etc 1092  2439 

additional  rules  and  requirements  for  officers  of  the 1093  2440 

moneys  from  water-rates,  etc.,  deposited  in 1097  2457 

TREES— 

shade,   where  planted;    penalty   for  violating 701  91G 

duties  of  City  Forester  respecting  shade,  and  other  matters....       813  1250 

duty  of  City  Forester  to  protect,  and  give  advice  concerning....       813  1250 

how   i)roperty   owners   may   select   shade 814  1254 

when  shade,  selected  by  City  Forester 814  1255 

injuring  or  destroying,  or  planting,  trimming,  etc.,  without  per- 
mit   from    Forester,   misdemeanor 814  1257 

Injuring  or  mutilating  In   parks,  prohibited 99G  201S 

interfering  with    roots   of.   etc..   misdemeanor 814  1258 

violating  article   on   City   Forester,   misdemeanor 814  1259 

on  private  property  not  affected  by  ordinance  on  trees  or  Forester      814  12G0 

on    boulevards,    B.    P.    I.    to   control 9G8  1913 

in   parks,   who   controls,   etc 984  1973 

not   to  be   furnished   by  city   emi)loyes 9S4  1973 

TRESPASS — See  .Misdemeanors. 

TRIAL  OF  OFFICERS  ON  CHARGES— 
See  Officers. 


1314 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


f  Index  to  Charter  and  Notes,  pp.  463-542. 

j  Index  to. ST7!e?)!e,  pp.  279-2S6. 

( Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

TRIALS   IN   POLICE   COURTS—  '  page. 

See  Police  Courts. 

TRICYCLES— 

license  tax  on 933 

where  license  plate  put.  on   ( See  end  of  section) : 936 

TUBERCULOSIS— 

See  Contagious  or  Infections  Diseases. 

TUBES— 

in  streets — See  Electric  Wires.  Tubes.  Conduits  and  Cables. 
TURKEY— See  WUd  Turkey. 

TURPENTINE— 

lirovisions   concerning    613 

TYPHOID  FEVER— 

See  Contagious  or  Infectious  Diseases. 

TYPHUS  FEVER— 

See  Contagious  or  Infectious  Diseases. 

u 

UNDERGROUND  DISTRICT— See  Electric  Wires,  Conduits.  Cables.  Etc. 

UNION  MARKET— See  .Varkets. 

UNITED  STATES  FLAG— See  Flag. 

UNSAFE  BUILDING — 
See  Building. 

V 

VACANCY— 

in  office  of  Coroner  failing  to  give  bond 615 

elections  to  fill — See  Elections. 

(    902 
in  office  Board  Mullanphy  Emigrant  Fund oq- 

results  if  officer  changes  residence  from  city 90S 

results   from   absence   without   leave 90S 

in   elective   office,    how    filled 90S 

decisions  as  to  when,  exists — See  note  to  Sec.  16S9 90S 

in  elective  office  while  officer  under  suspension 909 

.    ,.         .„  r    910 

m  appointive  office  -     q,  ^ 

by   reason   of   non-attendance   at   meetings   of   Commissioners   of 

Penal  and  Charitable  Institutions 915 

in  office  of  Recorder  of  Deeds  on  failure  to  give  bond 1003 

in  office  of  Collector  on  failure  to  give  bond 1055 

VAGRANTS  AND  VAGRANCY— 

ordinances    concerning,    when    and    what    unconstitutional — See 

note  to  Sec.  1632 S96 

definition   of  who  are  vagrants S95 

evidence  admissible  on  trial 897 

penalties   for   conviction S9T 

required  to  give  bond,  when S97 

VARNISH— 

boiling  regulations   611 

VARNISH   FACTORY— 

when     nuisance     700 

VAULTS— 

under   sidewalks,   how   constructed 761 

decisions    on — Note    to    Sec.    919 701 

constructing  without   permit,   or  contrary  to  regulations 762 

under  sidewalks,  permission  from  Board  Public  Improvements..  973 

extending  into  sidewalk  or  highway,  to  be  covered S06 

privy — See  Vaults,  Privies  and  Water  Closets. 


ISIO 
1810 


234 


242 

1656 
1672 
1687 
16SS 
16S9 

1694 
1703 
1704 

1726 
2050 
2289 


1632 
1635 
1636 
1636 


605 

919 

920 
1933 
1212 


INDEX  TO  REVISED  CODE  OR  GENERAL  OKUINANCES.  1315 

(■Index  to  Charter  and  Notes,  pp.  463-542. 

i  Index  to  .Scheme,  pp.  279-28G. 

t.  Index  to  iitate  Laws  for  St.  Louis,  pp.  225-256. 

VAULTS.  PRIVIES  AND  WATER  CLOSETS—                                                page.  .sec. 

to  be  provided   for  what  buildings C90  571 

permitted  to  leak,  overtlow.  stiiiR.  etc.,  misdemeanor t!91  572 

privy  tubs  to  be  emptied  daily C91  573 

f    G91  574 

when  nuisances   J    gg^  575 

1    712  662 

to   be   how   constructed    when    inaccessible   to   sewer 691  575 

Inaccessible  to  sewer,   to  be  emptied   when   full 691  575 

to  be  connected  with  sewer,  when G91  576 

method  of  construction  or  connection  with   sewer 692  577 

reconstruction  or  connection,  when  and  how   required /    ^^l  °.l^ 

\     ili  Gbi 

to  be  emptied  and  cleaned,  when . .  •. 692  579 

manner  of  cleaning /    *'^-  ^^*^ 

I  10511  22GS 

duty   of   police,   etc.,   respecting G92  581 

violation  of  cleaning  and  emptying  sections 692  582 

violation  of  article  in  general,  penalty G9:'.  5S3 

abatement  of  nuisances  of,  how  contracted  for 712  G62 

Board  of  Health  control  over  method,  etc 1050  2268 

cleaning  of.  manner  of  doing  1050  22GS 

penalty  for  non-observance  of  provisions 1050  2269 

regulations  as  to  connections  of  with  sewers,  depth  of,  ventila- 
tion, materials,  location  of.  etc 1062  2313 

further  regulations  as  to  construction,  tanks,  etc 1063  2314 

regulations  for.  in  private  lying-in  institutions,  hospitals,  homes 

for  foundlings,  etc.— See  Ord.  2299S,  Appendix 1142 

VAULT-CLEANERS— 

alone   to  clean   vaults,   privies,   etc 692  579 

required    to   have   license 1050  2265 

amount    of   license,   conditions    thereof 1050  2266 

bond   of,  and   conditions 1050  22G7 

.,..,..,                                                                                             r  1050  2269 

violation    of    article |    ggg  .53 

VEGETABLES— 

inspection    of    686  541 

tainted    or    spoiled 686  542 

selling    spoiled     687  543 

decayed,    when    nuisance 698  590 

sale    of.    at    market-stands 853  1420 

seizure  of  Impure,   unsound,  etc.,  by   Market-Master S56  1435 

sale  of  in  market-places  outside  of  market-house 859  1450 

oCTal  from,  not  to  cast  about  market-houses 859  1456 

sold  at  markets,  by  whom,  how SGI  14GS 

sold    under    meat-shop    license SG2  1473 

certain    perishable,   sold   at   depots,   etc.,   only   In   original    pack- 
ages            864  1483 

same — sold  only  at   regular  place  of  business 864  1484 

same — sale  at    place   received 864  1485 

same — penalty,  not  to  apply  to  certain   persons 864  14S6 

purchase  of,   by   Supply   Commissioner 1078  2376 

VEHICLES— 

carrying    high    explosives,    regulations 552  22 

not  to  run  oVer  Fire  Department  hose 628  297 

...      -                                                                        I    628  301 

flre  apparatus  has  right  of  way  over •,    ggj  jgg5 

Health   Department  ambulances  have  right  of  way    (Ord.  23068, 

too  late  for  Insertion), 
taking  from  shelter  or  shed  or  garage   (Appendix,  Ord.  22739. 

or  Sec.  36Ga.  p.  647 »    1140 

allowed    to   various   officials    In   city   service — See   under    names 

of  such   officials. 


1316 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


(■Index  to  Charter  and  Notes,  pp.  4G3-542. 

J  Index  to  Scheme,  pp.  279-2SG. 

(index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

VEHICLES— Continued.  page. 
for    sale    of    milk    and    cream.    i)rovision    respecting — See    Milk 

(  717 

garbage  and  swill   carts,  etc..   how  constructed ■<  702 

i  809 

for    removal    of    dead    animals 715 

metallic  license  plates  on.  for  garbage  wagons 71.S" 

obstruction   of  street   by.   is   misdemeanor SOS 

oil-wagons   and    oil-tanks,    regulations '. . . .  809 

automobiles  or  other  vehicles  using  oils S09 

carrying    ice-cream,    regulations S09 

farmers'   wagons,   space   reserved   at   markets   for 853 

Market-Master  to  enforce  order  amongst,  at  markets 856 

to   be  removed   from   market-places,   when 859 

at  market-places,   under  supervision   of  Comptroller SGI 

automobiles,   horseless   vehicles,   etc. — See  Automobiles.  Bicycles. 

etc. 

driving  in  wrong  direction  on  car-tracks 9C1 

street-cars — See    Street   Raihcay    Cars. 

rules  of  the   road 882 

same — in    parks    997 

right  of  way  of  street-cars — See   Street  Railu  ay  Cars. 

spitting  in   public,   misdemeanor SSfi 

hacks,  carriages,  cabs,  etc.,  where  to  be  located 888 

license  for,   of  junk-shop  dealers,  etc. — See  License. 

counterfeiting  license-plates  for — See  Misdemeanors. 

I  91  ''^ 

belonging  to  city,  or  various  departments  thereof,  how  marked...  "^~ 

of  city  or  exempt  from  license  tax.  how  to  be  marked 93G 

not  property  marked,  belonging  to  city,  person  in  charge,  guilty 

misdemeanor     912 

of  public  porters  not  to  be  used  by  others 933 

f    933 

license  taxes  on  all   private  and  public,  exceptions •{  936 

(  936 

regulations  for  tires 934 

regulations  inapplicable  to,  with   rubber  tires 934 

failure  to  pay  license,  tax  doubled,  when 935 

failure  to  observe  certain  regulations,  misdemeanor 935 

inspectors  of,   salaries,   duty 935 

inspection   of,   now   by   License   Collector 942 

license-plates  for  bicycles,  tricycles  and  velocipedes,  where  put..  936 

of  non-residents  of  city  cannot  be  taxed   (see  also  note) 936 

registered   numbers   or   license-plates   on,   where   to   be   attached, 

exceptions    936 

owners  of,  regulations  as  to  making  returns  for  license-taxes...  939 
lights  at  night   on.   penalty  for  violations    (section   amended  by 

Ord.    22673— See   Appendix,    p.    11561 939 

rates  of  fare   for  hackney-carriages 940 

rates  allowed   tor  one-horse  vehicle 940 

rates  for,   by   the   hour 940 

rates  for,  when  may  be  doubled 940 

rates  for  omnibuses    940 

rates  for  furniture  car 941 

when  and  how  rates  tor  ])ublic.  to  be  posted  in 941 

violation    for   article   on.    misdemeanor 941 

refusal    to   carry   passengers,    or    refusal    to    pay    fare    for.    mis- 
demeanor,  etc 941 

when  deemed  to  be  hired  out 941 

license  to  drive  public,  without  charge,  when 942 

same — badge  and  number  to  be  worn 942 

same — to   whom   applical)le 942 

same — sprinkling  carts  and   water  wagons 942 

produce   wagons   or   farmers',   exempt 943 


SEC. 

688 

614 

1225 

680 

691 

1223 

1229 

1230 

1231 

1424 

1435 

1455 

1471 


1887 

1561 
2022 

1586 
1600 


1711 
1712 
1814 

1713 
1809 
ISIO 
1812 
1S13 
1810 
1810 
1810 
ISIO 
1810 
1834 
ISIO 
1S13 

1814 
1821 

1S22 
1823 
1824 
1825 
1826 
1828 
1829 
1830 
f  1831 
\  1832 

1832 
1833 
1835 
1836 
1837 
1837 
1838 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1317 


{Index  to  Charter  and  \otes.  pp.  463-542. 
Index  to  Mc/ipHie.  pp.  279-2SG. 
Index  to  Utate  Laws  for  St.  Louis,  pp.  225-256. 


VEllU'LES — Continued.  page.  skc. 

manure   wagons   to   pay   license 943  1838 

overcharging  for  use  of  cab,  carriage,  cabriolet,  hack,  etc.,   pen- 
alty       943  1839 

overcharging,  no  new  license  for  five  years 943  1840 

conviction  tor  overcharge  to  be  reported  to  Commissioner,  exam- 
ination  before   issuing   license 943  1841 

officers   conniving   at    overcharging   for,    misdemeanor 943  1842 

drivers  of  public,  not  to  be  away  from  conveyance,  nor  the  stand 

therefor,  nor  to  lounge  about,  etc 944  1843 

hackney-carriage  defined — See  Appendix,  Ord.  22899,  pp 1154-1155 

stands  for  certain  kinds  of.   Police  Commissioners  to  select....  944  1844 

stands  for,   when   and   how   designated 944  1845 

Police  Commissioners  to  publish  location   of  stands   for 944  184G 

1  stands   for.  excluded   from  certain  streets 945  1847 

coal  sold  only  at  certain  places 945  1848 

stands   as   designated   to    be   occupied 945  1848 

stands  for  vehicles  for  coal,  wood,  long  feed,  etc 945  1849 

hack  stands,   where,   regulations,  etc 945  1850 

stands  in  front  of  private  premises  946  1851 

may  delay  street-cars,  how  long  and  when    (clause  S) 950  1864 

no,  belonging  to  Street  Commissioner  or  any  other  city  officer, 

shall   be   used   by   for  city   work 978  1948 

,           ,               ,   ..  f    99G         2018 

In  parks,  regulations  > <    ^^^        20''2 

I  lO'l         2132 
selling  at  public  auction  at  horse-market   -    .^,-         oTVi 

regulations  as  to,  of  peddlers  and   hawkers 1042         2224 

purchase  of,   for  city 1078         2380 

in   which   certain   goods,   coal,   hay,   etc.,   to   be   sold,   must   have 

weigher's   mark    1122         2565 

selling  certain  things,  how  often  weighed,  etc 1123         25CG 

hauling   certain    things,    police    or    private    citizen    may    compel 

driver  to  have  weighing  done,  false  certificate,  penalties,  sale 

of  wagon  and  contents  to  satisfy  fine,  etc 1123         25G7 

drivers   of.    how    to   arrange   bundles   and   packages   required    to 

be  counted   by   weighers 1127         2581 

VENEREAL  DISEASES — See  Advertisements;  Misdemeanors. 

\KNISON— See  Game. 

regulations    863         1481 

VETERINARY    SURGEONS— 

anpointment.  duties,  salary 683  524 

allowed,   what   vehicles 683  524 

bond   of  683  525 

authority   of 684  526 

badge   of   GS4  527 

inspection  of  cows  outside  of  city  by 6S4  528 

expenses   of   inspections   by 684  528 

to  make  report  of  milk  of  diseased  cows 684  529 

to  treat  cows  at  Poor-House  dairy 734  791 

VETO— 

of  bills — See   Ordinances. 

VITAL    STATISTICS— 
See   Births;   Deaths. 

VITRIOL  FACTORY— 
See  Factory. 

w 

WAGON— 

See  Vehicles. 

WALLS— 

See  Buildings;   Theatre. 


1318 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


(■  Index  to  Charter  and  Notes,  pp.  4G3-542. 

i  Index  to  Scheme,  pp.  279-2SG. 

( Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 


WAREHOUSE—  page. 
See   Biiildings. 

area   load   permitted   in   construction 658 

floors  to  be  required  to  sustain  what  loads 592 

privies,   vaults   and   water-closets   In 691 

"WARRANTS— See  Auditor. 

arrest  without — See  Workhouse. 

by    mayor    867 

WASHINGTON   UNIVERSITY— 

Department   of   Museum   of   Fine   Arts 548 

WATCHMEN— 

r     550 
in  Building   Commissioner's    Department (     j-J... 

in  hotels  and  lodging-houses  to  guard  against  fire 597 

in  hotels,   etc.,   neglecting  duty,   misdemeanor 597 

in  Fire  Department    \    g^g 

for  scavenger    dumps     657 

in  Health   Department,   salaries 750 

private,  how  licensed,  conditions  of  employment 912 

at   steam  railroad  crossings,   required 946 

for  dump  boats    9S4 

night,  on  harbor-boat   .  .' 994 

in  Recorder  of  Deeds'  office 10l):i 

WATER— 

f    697 
filthy,  when  nuisance i    702 

I    703 
See  Nuisance ;  Sewers. 

seepage  or  leakage  from  defective  drains  or  pipes 702 

ponds — See  Nuisance. 

for  street-sprinkling — See  Sfreet-Siirinklino. 

f    856 
at  markets  i     35§ 

rates  and  licenses  for — See  Water  Rates  and  License. 

collection  of  revenue — See  Assessor  and  Collector  of  Water  Rates. 

use    of   city   water,    when   compulsory,    procedure,   license   when    -j^Qgg 
sanitary  measure  

abuse  of  water  privileges,  penalty,  etc 1101 

use  of,  without  license,   throwing  matter  in   reservoirs,   opening 

plugs,  pipes,  etc 1101 

ril02 
may  be  shut  off.  for  what  and  bv  whom \  llOS 

1 1109 

■  same — decisions  as  to — See  note  to  Sec.  24S2 1102 

procuring,  after  pipe  shut  off.  misdemeanor 1102 

rates  for  the  use  of  city  water 1103 

rates  for  meter-use  of  water 1104 

connecticns — See  Water  Connections. 

WATER  BONDS— 

See  Bonds  (of  City). 

WATER  COMMISSIONER— 

^.        ,.,..,   .  f    620 

powers  respecting  drinking  touutams ^     ^^f, 

appointed  by  Mayor 868 

permit  from,  for  sewer  and  water  connection 930 

when  assistant  may  act  for,  on  Board  Public  Improvements....  967 

letting  of  work  or  supplies  for  water-works  by 981 


SEC. 

75 
173 
576 


1502 


13 

16 

191 

192 

285 

287 

407 

872 

1714 

1852 

1968 

2013 

2054 


589 
616 
617 

615 


1437 
1448 


(•2462 
\  2463 
(  2464 

f  2474 

■|  2475 

2475 
2482 
2510 
2513 

2483 
2487 
2488 


271 
272 
1509 
1798 
1909 
1957 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES.  1319 

{Index  to  Charter  and  Notes,  pp.  4G3-542. 
Inilex  to  Scheme,  pp.  279-28C. 

Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

WATER  COMMISSIONER— Continued.  page.  ski. 

head  of  Water  Department 981  1958 

qualifications  anil  duties  in  general 981  1958 

in  charge  water-pipes,   reservoirs,   meters,  fire-plugs,  etc 981  1958 

to  appoint  chief  mechanical   engineer,   duties,  etc 981  1959 

appoints  assistant,  and  other  necessary  employes 9S2  19G0 

employes  for  Water-Works  Electric  Plant  and  Railway,  salary..  982  19G1 

horse  and  buggy  of 982  19G3 

salary  and  bond  of 990  1998 

salary  and  bond  of  assistant  to 990  2001 

salary  and  bond  chief  mechanical  engineer 990  2001 

salaries  of  Water  Department  employes 991  2005 

salaries  of  employes  in  Water  Distribution  Department 991  2000 

salaries  of  meter  and  tap  system  employes 992  2007 

salaries  of  employes  of  Inspection  Uepartnicnt 992  2O0N 

salaries  of  employes  of  Purifying  and  Supply  System 992  2009 

salaries  of  employes  of  High  and  Low  Service  Engines  Depart- 
ment    993  2010 


f  1102         2482 
t  1102         2483 


when  may  cut  off  water  supply  from  users 

authorized  make  connections  with  Jefferson  Barracks 1107  2501 

( 1107  2505 

grants  permit  for  attachments  to  water-works  pipes,  when \  to  to 

I  1108  2508 

must  furnish  all  taps,  permission  from,  etc 1108  2509 

service  pipes  needing  repairing,  duties,   notice,  etc 1108  2510 

to  notify  whom  of  price  of  taps 1108  2511 

may  grant  special  permits  as  to  service-pipes,  etc 1109  2514 

WATER-CONNECTIONS— 
See  Pipes:  Seirers. 

to  be  made  in  advance  of  street  construction 757  898 

excavations  for  service  pipes  not  kept  open  over  night 7G2  922 

water  stop-cocks,  jjenalty  for  improper  placing 812  1244 

under  supervision  of  Supervisor  of  Plumbing 927  1793 

not     permitted  plumbers,  unless  what 929  1797 

cannot  be  made  without  permits  (see  also  below) '. .  |  ^^^^  2505 

B.  P.  I.  to  recommend  and  prepare  ordinances  for 961  1913 

injuring,  etc.,  city,  opening  stoj)  cock,  plug,  etc 1101  2475 

I  1102  2481 

110'  '48'' 

when  and  for  what  and  by  whom  may  be  shut  off |  ^..^^  ',^7, 

I  1109  2513 

new  stop-box,  if  broken,  or  no  license 1105  2491 

with  Jefferson  Barracks,  etc.,  authorized 1107  2501 

persons  making,  with  pipes  of  water-works,  or  altering  or  repair- 

insj.  bond  required   1107  2504 

bonded  plumber  to  procure  permit 1107  2505 

application   for  permit,   how   made 1107  2506 

permits    for,    or   alteration,    repair,    etc..    city    water    pipes,    cer- 

tiflcates  required  from  whom,  when  Issued IIOS  2507 

same — when  not  issued IIOS  2508 

taps  must   be  furnished   by  Water  Commissioner,   what   tapping 

permitted 1108  2.509 

service    pipe,    repair    needed,    failure    to    repair,    water   shut    off,  f  1108  2510 

cost  how  paid,  penalty  for  failure \  1109  2513 

taps,  regulations,  when  main  pipe  to  be  plugged 1108  2511 

notice  of  price  of  taps  to  Comptroller  and  Auditor 1109  2512 

when  attachments  may  be  cut  off  from  main  pipe 1109  2513 

service  pipe   regulations,  how   laid,   material,  etc 1109  2514 

sizes  of  taps,  etc 1109  2514 

service   pipe  regulations,   permits   from   Commissioner,   etc 1109  2514 

stop-cocks,  how  made,  where  placed,  regulations,  service  pipes..     1110  2515 


1320  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

I  Index  to  Charter  and  Notes,  pp.  463-542. 

■^  Index  to. S'cAewe.  pp.  279-2S6. 

(.  Index  to  .s7afe  Laws  for  St.  Louis,  pp.  225-256. 

WATER  COMMISSIONER— Continued.  p.^ge.        sec. 

street-washers,  regulations,  stop-box  and  box 11 11         2516 

service  pipe  for  building  purposes,  regulation 1111         2517 

service  pipes  stop  boxes  on  1111         2519 

supply-pipe,  stop  cocks  on,  where  1111         251S 

new  plumbing  -work  tested,  plumber  to  shut  off  water 1111         2520 

plumbing    work    comply    with    regulations,    to    be    approved    by 

Supervisor   of   Plumbing 1111         2521 

for  elevators  and  other  large  connections,  regulations 1111         2522 

for  Are  purposes,  must  have  meter 1111         2522 

same — must   have  valve,   seal,   etc.,   regulations 1112         2523- 

stand-pipes,  same,  regulations 1112         2524 

plumbers  to  make  weekly  returns 1112         2524 

plumbers'  names  not  to  be  permitted  to  be  used  by  others 1112         2525 

permit  for  tap  not  issued  while  fine  unpaid  or  bond  not  renewed  1112         2526 

general  penalty  for  violation  of  chapter  on 111?         2527 

WATER-CRAFT— 

See  Boats :  ^yharf. 

WATER-CLOSETS— 

See  Vaults.  Privies  and  Water-Closets. 

WATER  DEPARTMENT— 

See  M'ater  Commissioner:  Water-Works ;  Assessor  and  Collector  of 
Water  Hates:  Water  Rates. 

WATER  LICENSE— 

See  Water  Rates  and  Licenses. 

WATER-PIPES— 

See  Pipes;  Btiildings:  Water  Connections ;  Water  Commissioner. 

WATER  RATES  AND  LICENSES- 

for    provisions    concerning    the    Assessor    and    Collector    of,    see 
Assessor  and  Collector  of  Water  Rates. 

to  be  collected   by  whom j^ogy         2456 

proceeds  and  moneys  from,  when  and  where  deposited 1097         2457 

water-license  blanks,  how   signed,   etc IO97         2459 

license   for,    from   city,    when   compulsory   as   sanitary   measure,  H^q^         ;'*^? 

proceedings 1  1'^^*         2463 

( 109S         2464 

(2465 

for  swimming  baths  or  schools 1099      \    to 

[2407 
decisions  as  to.  rights  of  consumers,  when  payment  of  rates  is 

held  to  be  under  duress,  threats  of  shutting  off  supply,  etc. 

—See  note  to  Art.  3  of  Chap.  3S 1099 

issued  by  Assessor,  how  paid,  term   of 1100         246S 

licenses  to  specify  what 1100         2469 

division  of  city  into  districts,  term  may  be  shortened 1100         2470 

rebate  on  removal,  when  allowed 1100         2471 

rebate  in  case  of  fire  on  premises 1100         2472 

use  of  water  by  Fire  Department 1100         2473 

abuse  of  water  license  privileges,  penalty,  duty  of  police 1101         2474 

no  license  except   for  enclosed  premises,   right   to  shut  off 1101         2476 

license  to  storekeeper,  when,  from  common  hydrant 1101         2477 

residents  where  water-pipe  not  laid,  when  licensed,  how 1101         2478 

when   license   may   be   withheld 1101         2479 

when  license  to  be  taken  for  all  purposes 1101         24S0 

same — when  for  certain  uses  and  used  for  others,  revocation...  1102         2481 

water  shut  off  for  non-payment  of  license  or  waste  of  water....  1102         24S2 

when  used  for  building  purposes,  same  as  ordinary  license....  1102         24S6 

yearly  rates  for  use  of  water  in  respective  buildings  enumerated  1103         2487 

meter  rates  for  use  of  water 1104         248S 

meter   rates,    fractional    parts 1105         24S9 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1321 


I  Index  to  Charier  and  Xotes.  pp.  4G3-542. 

.'  liu]e\  to  Scheme,  pp.  279-2SG. 

(  Index  to  State  Latvs  for  St.  Louis,  pp.  225-256. 

WATER  RATES  AND  LICENSE— Continued.  P.VOE.  sec. 

new  stop-box,  if  broken,  or  no  license 1105  2491 

''gallon"   defined   in   article   on 1105  2492 

present  schedule,  when  goes  into  effect 110,")  2493 

meters  may  be  placed  in  public  institutions llOfi  2494 

where  meter  used,  only  one  connection  with  main  allowed llOiJ  2495 

hospitals,   orphan  asylums  and  charitable  institutions  pay  halt 

rates  for  HOC.  249G 

meter  rates  for  public  schools HOG  2497 

(   1S02 

free  water  for  public  baths 931  is(j4 

meters  to  be  furnished  by  Board  Public  Improvements  to  con- 
sumers, cost  paid  by  city HOG  2498 

rates  to  r.  S.  Government lioc.  2499 

same^nieters   at   ,Iefferson    Barracks HOG  2500 

same — connections  by  Water  Commissioner 1107  2501 

same — reservation  of  rights  by  city 11  "T  2502 

violation  of  article,  general  penalty Ho"  2503 

WATERLOO-CARONDELET  TURNPIKE  AND  FERRY  CO.— 
See  Ferries. 


WATER-TANKS— 

on  buildings 580 

in  connection  with  water  closets 10G4 

WATER-WORKS— 

when  work  for.  and  sui)|)lies  to  be  let  like  other  public  work....  9S1 

construction  of  contract  for — See  note  to  Sec.  1957 981 

locomotive  for  use  of 982 

injuring  property  of,  or  throwing  matter  into  reservoir,  wasting 

water,  etc 1101 

revenue  from — See  ^yater  Itates  and  Licenses. 

attachments   with   pipes  of,   or   repairing,   etc. — See   Water   Con- 
nections. 
bonds  of  and  for — See  Bonds  (of  City),  etc. 

WEAPONS — See  Concealed  Weapons:  Firearm's. 

WEEDS— 

when  nuisance   70.3 

weed  ordinance  sustained — Note  to  Sec.  G19 703 

regulations  concerning  703 

defined   703 

street  commissioner  to  remove  from  city  property 704 

WEIGHERS— 

of  hay  and  stove  coal,  weighing  firewood \  g,, 

Market-Masters  at  markets  to  he  sole S57 

I  SC8 

of  scales,  appointed  by  Mayor <  jjjg 

to  have  scales,  measures,  etc.,  tested,  penalty  for  failure {\\l\ 

of  scales,  terms,  bonds,  salaries 1119 

Comptroller  to  furnish  tickets  to 1120 

authorized,  public  or  private 1120 

of  private  scales,    how    appointed,    regulations,    blanks,    tickets, 

bonds,  etc 1120 

books  of,  open  to  Inspection 112ii 

of  scales,  certain  assistants,  appointment,  salary 1120 

responsible  for  assistants 1121 

certain  .Market-Masters  to  act  as 1121 

what  Is  breach  of  bond,  of  public  or  private 1121 


124 
2314 

1957 
1962 
2475 


C19 

620 
to 
C22 
C23 
624 


323 
326 
1439 
1.509 
2555 
2533 
2ri(!-2 
2555 
2556 
2557 

2558 
2558 
2559 
25G0 
2561 
2562 


SEC. 


1322  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

f  Inde.x  to  Charter  and  Notes,  pp.  463-542. 

I  Index  to  Scheme,  pp.  279-286. 

(index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

WEIGHERS— Continued.  page. 

what  is  misdemeanor  by 1121  2562 

same — See  also  Weights  and  Measures;  Misdemeanor. 

decisions  as  to — See-  heading  to  Chap.  40 1113 

forfeit  position  by  two  convictions  in  Police  Court i  ,:t;  ?.?^ 

I  112i  2oS3 

fees  of,   penalty  for  wrongful  charge 1124  256S 

duties  of,   enumerated 1124  2570 

having  liquor  at  scales,  misdemeanor 1126  2575 

unauthorized  persons  acting  as,  misdemeanor 1120  2577 

persons   interfering   with,   misdemeanor 1126  2578 

to  have  scales  tested,  how  repaired 1127  2579 

and  sureties,  not  to  be  Interested  or  deal  in  articles  weighable 

on   scales    1127  2580 

violation  of  article  in  general 1127  2583 

city,  portable  scales,  license,  amount 1128  2584 

duties  of  portable  scale,  bond 1128  2585 

f 1128  2584 

portable,  without  license,  penalty,  regulations,  tested,  fees,  etc..<     to  to 

I  1129  2590 

register  of  city,  open  for  inspection 1129  2590 

WEIGHING  SCALES— 

See  Weighers. 

private,   permission   from  Board   Public   Improvements 973  1934 

to  be  tested  by  Inspector  of  Weights  and  Measures 1114  2531 

persons  using  to  have  Inspected 1114  2533 

designation  and  location  of 1118  2552 

■    another,  near  New  City  Hall,  on  Washington  Square 1119  2553 

chief  engineer  of  City  Hall  to  supervise  City  Hall  scales 1119  2554 

same — weighing  for  Court  House,  City  Hall,  Four  Courts.  Jail..     1119  2554 

weighers  of — See  Weighers. 

,    ^       ,.      .     ,                                                                                             r  1119  2555 

what  authorized   1190  '557 

selling    certain    articles    without    weighing    on    authorized,    mis-  f  1122  2564 

demeanor    1  1126  2576 

driver   of   wagons   may   be  compelled   to   go   to   nearest,   penalty 

for  false  certificate,  sale  of  wagon  and  contents,  tine,  etc....     1123  2567 
persons   interested    in    to   make   statement   to   Register,   what    to 

contain,  penalty  for  failure .>  .,.'. 1124  2569 

liquor  at   prohibited .~. 1126  2575 

weighing  on  illegal,  misdemeanor 1126  2576 

persons  abusive  or  disturbing  at 1126  2578 

to  be  tested  twice  a  year,  repairs  how  made 1127  2579 

Collector  to  enforce  article 1127  2582 

general  clause  making  violation  misdemeanor 1127  2583 

portable,  city  weighers,   license 1128  2584 

WEIGHTS  AND  MEASURES— 
of  firewood — See  Firewood. 
of  charcoal — See  Charcoal. 
of  coal.  See  below,  also  Coal. 
Inspector  of — See  Inspector  of  Weights  and  Measures. 

examination  and  seizure  by  ]Market-Masters 856  1435 

seizure  of.  by  Inspector  of,  when ". 1115  2536 

to  be  tested   by    Inspector 1114  2531 

open  for  inspection,   penalty  for  concealment,  etc ,1114  2532 

persons  using,   to  cause  inspection,  penalty  for  failure -,'  ....,-  gS-., 

how  purchased,  suii|)lies 1114  2534 

dry  measure,  standard 1115  2535 

use  of,  presumed  from  proximity  of  goods 1115  2536 

,.      .     ,           „                                                                   f  1115  2536 

false,  or  unauthorized  penalty -j  w,,^  ,gg, 

what    deemed    yardsticks    1115  2537 

fees  for  inspection  of 1115  2538 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


1323 


{Index  to  Charter  and  Xotes,  pp.  4G3-542. 
Inde.K  to  Scheme,  pp.  279-28G. 
Index  to  State  Laios  for  St.  Louis,  pp.  225-256. 


WEIGHTS  AND  MEASTRES— Contimu'd.  page. 

penalty  for  altering,  using  unstamped,  etc 1115 

fees  for  subsequent  inspections 1116 

fees   inspecting   hay   and   coal   scales 1116 

fees   for  weighing 1124 

weighing  stone-coal,  standard  measure   1126 

frauds  in,  short-weights,  altering  certificate,  etc <  ,,,(. 

blank  certificates  from  Comptroller 1116 

what,  of  dairymen,  hawkers,  peddlers,  junk  or  rag  dealers,  where 

to  go,  penalty   for   failure 1117 

standard  bushel  box,  sale  in  violation  misdemeanor 1117 

violation   in  general  of  article  on 111? 

standard  weights  of  various  grains,  seeds  and  articles lllS 

standard   in  absence  of  agreement lllS 

corn  and  oats,  standard  of.  penalty  selling  otherwise lllS 

public  scales  for — See  n'eiijhino  Scales. 

decisions  on  city's  right  to  regulate — See  note  to  Chap.  40 1113 

wagons  to  sell  certain  articles  to  have  stamp 1122 

same — how   often   wagons  weighed 1123 

drivers  of  coal,  hay.  cereals,  etc.,  may  be  compelled  to  have 
weighed,  certificate  varying  true  weight,  penalties,  sale  of 
wagon  and   contents,  etc 

WELLS  AND  CISTERNS— 

what,  reopened  by  Board  of  Health 

when  nuisance   

authority  of  city  to  regulate  or  reopen — See  note  to  sec.  618 

WESTERN   UNION   TELEGRAPH   CO.— 

ordinances  affecting — See  note  to  sec.  1095 

WHARF— See  Harbor  and  Wharf. 

power  of  city  respecting,  see  note  to  sec.  345. .  ^ 

what   comprises    wharf 

■what  comprises  harbor — See  note  to  sec.  345 

title  to  i)roi)erty  comprising — See  note  to  sec.  345 


1123 

G64 
703 
703 

7711 

636 
636 
63G 
636 


condemnation  of  property  for,  see  notes  to  sees.  345  and  346. ..  .636-637 


346. 


decisions  respecting,  see  note  to  sec.  345 

eastern  boundary  line  of 

western  boundary  line  of,  see  note  to  sec 

distances   and   ordinates 

boundary  line  designated 

building   beyond   line  of 

removal  of  buildings  or  structures  beyond... 
repeal  of  former  ordinances  defining  line  of 
water  craft  where  to  moor 


water  c 


raft,  may  be  required  to  move •[ 


636 
637 
637 
638 
638 
643 
643 
643 
643 
644 
644 


boats  at — See  Boats. 

commissioner  set  apart  landings  of  boats  at 

regulations  for  removal  of  property  from 

removals  from  wharf,  how  effected  and  by  whom 

proceedings  to  sell  goods  which  obstruct  wharf 

excavations    on,    prohibited 648 

repair  of   i)avement   on 648 

penalty   for  violations  of* regulations  respecting 648 

report  of  commissioner  of  persons  using 649 

wharfage  at — See  Wharf aiie. 

landing  places  at,  for  coal,  stone,  sand,  etc.,  may  be  let 

letting  or  leasing  out  unimproved  parts  of < 

renting,  temporarily,  when   permitted 

decisions  as  to  leasing  out.  etc..  note  to  sec.  379 

procedure   In   renting  or  leasing  unimproved 642 

dunnage    business   at    wharf 651 

skids   on    651 


645 
645 
645 
646 


650 
650 
652 
651 
651 


SEC 

2538 
2539 
■2540 
25G8 
2r.71 
2573 
2574 
2541 

2546 
2547 
254S 
2549 
2550 
2551 


2565 
2566 


2567 

449 
618 


345 


346 

347 
348 
349 
350 
351 
352 
353 
354 

359 
360 
3G1 
363 
369 
370 
371 
373 

378 
379 
383 
380 

383 
381 
381 


1324  INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 

r  Index  to  Charter  and  Notes,  pp.  4G3-542. 

i  Index  to  Scheme,  pp.  279-2S6. 

( Index  to  State  Laws  for  St.  Louis,  pp.  225-256. 

WHARF — Continued.  page.        sec. 

wharfboats  at — See  Wharfhoats. 

landings,  docks,   etc.,   at •. 651  382 

eniiJloyment   of  additional  help  to  keep  clean 657  411 

ferries  at — See  Ferries. 

opening,  widening,  condemning,  etc /     '°"        ,  „ ' , 

(    ybz        lyo* 

proceedings  in  opening,  etc. — See  Streets  anil  Highways. 

improvement  for,  ordinance  prepared  by  B.  P.  I ■   9G8         1913 

duties  and  powers  of  Harbor  and  Wharf  Com'r  as  to 9S2         1964 

WHARFAGE— 

(  649  374 

on  lumber  and  logs  brought   in  rafts J  650  376 

I  G50  377 

f  650  375 

I  650  376 

on  firewood    ■[  654  393 

655  395 

655  397 

on    firewood,    rates    for 655  397 

failure    to    pay — penalty 650  377 

districts  for  receiving,  meastiring  and  collecting,  on  cord-wood...  654  393 

deputy  commissioner  to  act  as  woodmaster 655  394 

duties  of  Harbor  and  Wharf  Com'r  in  collection  of 982  1964 

WHARF-BOATS— 

^   ,       ,.                    ,       .  r    650  37S 

at   landings   on   wharf <     „..  opo 

f  650  378 

bond    for     ]  651  382 

(.  652  384 

license   for.   how   obtained 652  384 

storage  or  forwarding  charges  prohibited  to 653  385 

how    fastened    653  386 

barges  may  have  privileges  of 653  387 

rental    rates    for 653  388 

shall   not  affect  wharfage  rates 653  388 

to  be  connected  with  wharf  by  stages 654  389 

removal  of — failure  to  comply  with  chapter 654  390 

unpaid  rent  for,  privileges  lost 654  391 

violating  article  respecting  654  392 

certain  ordinances  to  be  posted  on 889  1601 

WHEAT— 

how  sold   1118         2549 

WHEELBARROW— 

trundling  of.   on   sidewalk,   misdemeanor 812         1245 

public  porters  not  to  permit  others  to  use 933         1809 

WHISTLES— 

blowing,  misdemeanor,  when — See  Misdemeanors. 

of    railroads     948         1857 

WHOOPING  COUGH— 

See  Contagious  or  Infectious  Diseases. 

WIGGINS  FERRY  COMPANY— 

See  Ferries. 

WILD  TURKEY— 

sale  of  863         1481 

WINDOWS— 

bay  or  oriel — See  Buildings. 

in  hotels,  apartment  houses,  etc. — See  Buildings. 

WIND-PRESSURE  ON  BUILDINGS— 
/  See  Buildings. 


INDKX  TO  KKVISED  CODE  OR  GKNKHAI.  ORDINAXCES. 


1325 


f  Index  to  Charter  and  Xoles.  pp.  4G3-542. 
Index  to  .St/iCHK>,  pp.  279-280. 
[Index  to  stale  Laics  for  St.  Louis,  pp.  225-256. 


WIRES.  ETC.—  PAiiK. 
for  electric,  etc.,  purposes — See  Electrie  Wires.  Tubes,  Conduits 
and  Cables. 

AVITNESSES— See  Fees  and  l{ates ;  Policr  Courts:  Subpoenas;  Mu- 
nicipal Assembly. 
WOOD— 

See  Buildings:  Fire-Wood;  Wharfaoe. 

WOODEN  BUILDINGS— See  Buildin;is. 

WOOD-YARD— See  Firewood. 

WORK-HOUSE— 

See  Police  Courts. 

imprisonment  in,  wlien  lawful — See  decisions  in  note  to  sec.  12C5  81 G 

removal  to.  by  clerk,  on  failure  to  i)a.v  fines,  etc 821 

imprisonment  in.  for  failure  to  pay  Police  Court  fines,  etc 829 

return  to  Police  Court  from,  of  i)ersons  appealing 829 

conveyance   of   prisoners   to,   how S.31 

Superintendent  appointed  by  Mayor 8C8 

decisions  concerning — See  note  to  Cliap.  21 913 

location    of    918 

Superintendent  of — See  Work-House  Superintendent. 

prisoners  at.  duties  of  Superintendent  respecting 91S 

record   of   prisoners   at 919 

record  of  days  of  work  by  prisoners 919 

termination  of  confinement  of  prisoners  to  be  noted 919 

food  and  sleeping  provisions  for  prisoners 919 

food  for  guards  and  emi)loyes.   requisitions,  etc 919 

■what  records  kept  of  ])risoners  committed   to 919 

disposition  of  effects  of  property  of  iirisoners  at 920 

employment  of  prisoners  at,  hours  and  extra  i)ay 920 

emi)loyment  at  public  work    (see  herein  below), 
decisions  as  to  letting  out  prisoners  <5n  contract  with  private  per- 
sons, see  note   to  sec.   1753 920 

receipts  by  Supt.  for  bills  given  collector  for  work  done  by  pris- 
oners      920 

bills  against,  how  audited 920 

treatment  of  disorderly  or  unruly  prisoners  at 920 

decision  as  to   right   of  city   to   provide   punishment   for   unruly 

prisoners,  see  note  to  sec,   ]7.5(i 920 

notice  to  be  given  whom,  when  prisoners  escape  from 921 

penalty  for  escapes  from 921 

f  9'! 

credits  and  forfeitures  to  prisoners  at,  in  working  out  fines •  q^, 

provision   refusing   credits   is   void,   see   decision   referred    to    in 

note  to  sec.  1759 921 

prisoner  from  Court  Criminal  Correction  allowed  one  dollar  per 

day  credit — See  note  to  sec.  17G1 922 

prisoners  allowed  fifty  cents  per  day 921 

reeulaficns  for  confinement  of  i)rlsoners  at 921 

prisoner  entitled  to  discharge  on  paying  fine  or  working  out  same  921 

intercourse   with   prisoners   at, 'forbidden — exceptions 922 

prisoners,   what   to   have  separate  apartments 922 

treatment   of   sick   prisoners   at 922 

physician  at,  may  be  employed  to  treat  prisoners 922 

same — duties  of  such  physician  as  to  food,  etc 922 

sick  or  Injured  prisoners  to  he  removed  to  City  Hospital 923 

employment  and  discharge  of  guards  or  employes  at,  see  Work- 
House  Superintendent. 

employment  of  prisoners  on  public  work  by  B.  P.  1 923 

shortening  term   of   Imprisonment,   rewards,   etc 923 

Board  Pub.  Imp.  to  prescribe  rules  In  such  cases 923 

prisoners,  when  may  be  employed  on  private  or  public  work....  923 

proceeds  of  work  of  prisoners  how  collected 923 

arrest  of  escaiied   prisoners   from    wiili.int    warrant 924 


1273 
1308 
1309 
1316 
1509 

1742 

1743 
1744 
1745 
174G 
1749 
1750 
1751 
1752 
1753 


1754 
1755 
175C 


1757 
1758 
17.59 
1770 


17G0 
17no 
17G1 
17G2 
17(;3 
1704 
1705 
1700 
1707 


1770 
1770 
1770 
1771 
1771 
1773 


1326 


INDEX  TO  REVISED  CODE  OR  GENERAL  ORDINANCES. 


{Index  to  Charter  and  Notes,  pp.  463-542. 
Index  to  Scheme,  pp.  279-286. 
Index  to  State  Laics  for  St.  Louis,  pp.  225-256. 


WORK-HOUSE— Continued.  page. 
trespass   on   premises   of;    helping  prisoners   escape;    interfering 

with  Supt 924 

when  prisoners  at.  supplied  with  clothing 924 

officers  at,  forbidden  to  deal  in  supplies 924 

officers  to   be  appointed 924 

clerks  and  gatekeepers  at 924 

(•  924 

salaries  and  bonds  of  employes  and  officers  at \  924 

(.  925 

engineer  and  assistant  at 925 

record  of  articles  sent  to  or  from 925 

prisoners  not  to  be  used  for  loading;  exceptions 925 

WORK-HOUSE   SUPERINTENDENT-- 

when  to  deliver  committed  prisoner  desiring  to  appeal 829 

enumeration  of  duties  of 918 

residence,   property   of   institution,   prisoners,   etc 918 

record   of  prisoners   kept   by 919 

record  of  days  prisoners  work 919 

termination  of  confinement  to  be  noted  by 919 

to  keep  what  books,  accounts  kept,  report  to  Comptroller 919 

monthly  requisitions  to  be  made  by 919 

r  919 

food  of  prisoners  at,  who  looks  after ■  „,, 

sleeping  apartment,  etc.,  of  prisoners  to  be  looked  after  by 919 

performs  such  other  duties  as  B.  P.  I.  may  require 919 

to  make  what  records  when  prisoners  committed 919 

employment  of  prisoners,  etc. — See  Work-House. 

take  receipts  and  collect  bills  for  work  done  by  prisoners,  etc. — 

See  Work-House. 

to  keep  daily  accounts  of  prisoners  and  work 920 

bills  against   work-house   signed   by. . . .  .• 920 

Mayor  controls,  as  to  punishment  of  prisoners 920 

whom  to  notify  of  escape  of  prisoners 921 

ordinance  allowing,   to  extend   time   of  confinement   by   refusing 

credit,  is  void — See  note  to  sec.  1759 921 

may   permit   holding  intercourse   with   prisoners 922 

to  notify  Supt.  of  City  Hospital  when  prisoner  ill 922 

may   employ   regular   physician 922 

removal  of,  for  failure  to  look  after  food  of  prisoners — See  note 

to  sec.  1766   922 

to  send  sick  or  injured  prisoners  to  City  Hospital 923 

to  discharge  and  appoint  guards  or  other  employes,  when 923 

what  shall  require  discharge  of  guards  by 923 

to  make  full  report  at  each  session  of  Municipal  Assembly 923 

take  precautions  against  escape;  may  arrest  without  warrant....  924 
may  arrest  persons  trespassing,  or  aiding  prisoners  to  escape,  or 

interfering    with    Supt 924 

forbidden  to  deal  in  supplies  to  Work-House 924 

f  924 

to  appoint  what  employes  at  Work-House <  ggg 

supervision  clerks  and  gate  keeper 924 

salary   and   bond   of 924 

to  keep  record  of  articles  received  and  sent 925 

WORKING-MEN— 

when  not  included  in  prohibition  beer  drinking  on  street 877 

WRECKED  BOATS— 

See  Boats;  Obstructions ;  Ferries. 

Y 

YARD  STICKS— 

what  constitutes,  fees,  etc 1115 

YELLOW  FEVER— 

See  Contagious  or  Infectious  Disea.ies. 


SEC. 

1774 
1775 
1776 
1777 
1778 
1779. 
1780 
1782 
1781 
1783 
1784 

1309 
1743 
1743 
1744 
1745 
1746 
1747 
1748 
1749 
1766 
1749 
1749 
1751 


1755 
1755 
1756 
1757 


1762 
1764 
1765 


1767 
1768 
1769 
1772 
1773 

1774 
1776 
1777 
1781 
1778 
1779 
1783 

1538 


2537 


ADDENDUM. 


TABLE  OF  MAYORS,  ALDEIOIEN,  DELEGATES  AND 

COUXCILMEX  OF  ST.  LOUIS,  FKOM 

1823  TO  15)07. 

NAMES  OF  PRESIDING  OFFICERS  ARE  IX  SMALL  CAPITALS, 
(PAGES  I  TO  XXIII.) 

ALSO 

TABLE     OF     PRESKXT     MrXTflPAT,     OFFICERS. 
ELECTED    AXD    APPOINTED. 

(PAGES  XXIII    Id  XWII.i 


II  MAYORS  AND  ALDERMEN. 

1823.— WILLIAM  CARR  LANE,  Mayor. 

Robert  Walsh.  James  Loper,  James  Lakeman,  ARcninAi.n  G.^tjible,  William  H. 
Savage,  Joshua  Barton  (died),  Thomas  McNight,  James  Kennerly,  Phillip  Rochel- 
blane,  Henry  Von  Phul,  Joseph  V.  Garnier. 

1S24.— WILLIAM  CARR  LANE,  Mayor. 

Bernard  Pratte,  Pierre  Chouteau,  Sr.,  John  L.  Sutton,  Joseph  C.  Laveille,  Hugh 
Richards,  John  Shackfokd,  Joseph  V.  Garnier,  David  V.  Walker  (died),  Matthew 
Kerr,  William  K.  Rule. 

1S25.— WILLIAM  CARR  LANE,  Mayor. 

Joseph  Charless,  Sr.,  Phillip  Rochelblane,  Elisha  S.  Beebe,  Jacob  Hawken,  Hugh 
Richards,  Hubert  Guicn,  Louis  T.  Hcuore,  Pierre  Chouteau,  Alfred  Skinner  (re- 
signed), Charles  Bosseron. 

1S2C.— WILLIAM  CARR  LANE,  Mayor. 

Archirai.d  Gaiiule,  Asa  AVilgus,  Thornton  Grimsley,  William  K.  Rule,  Joseph  C 
Laveille,  Thomas  F.  Riddick,  Joseph  V.  Garnier,  David  B.  Hill,  Henry  Von  Phul. 

1S27.— WILLIAM  CARR  LANE,  Mayor. 

North  Ward — John  Mui.laxphy,  William  K.  Rule,  John  D.  Daggett. 
Middle  Ward — Fred  L.  Billon,  Edw,  Charless,  Christopher  M.  Price. 
South  Ward — Joseph  C.  Laveille,  John  L.  Sutton.  David  B.  Hill. 

,  182S.— WILLIAM   CARR  LANE,  Mayor. 

North  Ward — George  H.  Kennerly,  Michael  Reilly,  Samuel  Hawken. 
Middle  Ward — Frederick  L.  Billon,  Edward  Charless.  Joseph  C.  Laveille. 
South  Ward — John  L.  Sutton,  John  Smith,  John  Smith,  Jr. 

1S29.— DANIEL  D.  PAGE,  Mayor. 

North  Ward — John  MuUanphy,  Michael  Reily,  Jabez  Warner. 
Middle  Ward — Edw.  Charless.  Thomas  Cohen.  Joseph  C.  Laveille. 
South  Ward — Hubert  Guion.  Herman  L.  Hoffman,  John  L.  Sutton. 

1830.— DANIEL  D.   PAGE,   Mayor. 

North  Ward — John  D.  Daggett,  William  K.  Rule,  Edward  Dobyns. 
Middle  Ward — Thomas  Cohen,  Joseph  C.  Laveille.  Edward  Charless. 
South  Ward — Elkanah  English,  Hubert  Guion,  Herman  L.   Hoffman. 

1S31. — DANIEL  D.  PAGE,  Mayor. 

North   Ward — Joseph    Bates    (resigned),    Edward    Dobyns,    William    K.    Rule    (re- 
signed),  Jesse   Colburn    (resigned),   Hugh  O'Neil. 
Middle  Ward — Peter  Ferguson,  Joseph  C.  Laveille,  Jabez  Warner. 
South  Ward — John  Pigott.  Michael  Rourke,  Robert  Simi)scn. 

1S32.— DANIEL  D.  PAGE.  Mayer. 

North  Ward — Edward  Dobyns,     Hugh  O'Neil,  Solomon  P.  Ketchum     (resigned), 

Robert   Moore. 
Middle  Ward — Peter  Ferguson,  Joseph  C.  Laveille.  Edward  Charless. 
South  Ward— Michael  Rourke   (died),  Robert  Simpson,  Cotton  M.  Tabor,  Calvin 

Francis. 

1833.— SAMUEL  MERRY,  Mayor. 

(Disqualified  in  consequence  of  holding  office  under  the  general  government.     J.  W. 
JOHNSTON,  elected  mayor  in  his  stead.) 
North  Ward — Edward   Dobyns.  Hugh  O'Neil,  Jr..  Robert  Moore. 
Middle  Ward — Edw.  Charless.  Peter  Ferguson.  Joseph  C.  Laveille. 
South  Ward — Sullivan  Blood,  Robert  Simpson,  Caleb  Lockwood. 


MAYORS.   ALDERMEN   AND   DELEGATES.  I  ]  1 

1834.— JOHN  W.  .JOHNSTON,  Mayor. 

First  Ward — Benjamin  W.  Ayres  (reslprned),  Michael  Gorman   (resigned),  George 

Morton.   Benjamin   \V.   Ayres,  Wilson   Prlmm. 
Second  Ward — Horatio  N.  Cross.  John  Shannon.  James  P.  Spencer. 
Third  Ward — Thomas  Andrews.  John  F.  Darby.  Hidii  O'Nkii.. 
Fourth   Ward — Edward  Dobyns,  Robert  X.  JVoore.  Hu^h  O'ltrlen. 

1835.— JOHN  F.   DARBY,  Mayor. 

First  Ward — George  Morton.  Wilson  Prlmm.  John  P.  Roily. 

Second  Ward— JosKru  Cii.\ia.Ks    (resigned),  James  J.   ['urdy,  J.v.mks  P.   Spencer, 

Joseph  C.  Laveille. 
Third   Ward— Thornton  Grlmsley.  Hugh  O'Nell.   Dunham   S|)aldlng. 
Fourth   Ward — Charles   Collins.   John    Lee    (removed),   Joseph    Bates    (resigned), 

Solomon  P.  Ketchum.  Bryan  Mullanphy. 

1S36.— JOHN   F.   DARBY.  Mayor. 

First  Ward — George  Morton.  Wilson  Prlmm.  James  J.  Purdy. 
Second  Ward — Thos.  Cohen.  Joseph  C.  Laveille.  J.\s.  P.  Spkntkr. 
Third  Ward— William  Preston  Clark.  Thornton  Grlmsley.  Hugh  O'Nell. 
Fourth   Ward — Charles  Collins.  Hugh  O'Brien.   Bryan   Mullanphy. 

1S37.— JOHN  F.   DARBY.  Mayor. 

First  Ward — Wilson  Puimm.  Joseph  S.  Pease,  Joseph  W.  Walsh. 

Second   Ward — Thomas  Cohen,   David   B.   Hill,  James  P.   Spencer    (died),   Stuart 

Matthews. 
Third  Ward — Thomas  B.  Hudson.  Peter  Tlernan,  Asa  Wilgus. 
Fourth   Ward— Charles  Collins.  Abel   Rathbone  Corbln,   Hugh  O'Brien. 

1838.— WILLIAM  CARR  LANE,  Mayor. 

First  Ward — Benjamin  W.  Ayres,  Joseph  S.  Pease.  Joseph  W.  Walsh. 
Second  TVard — Louis  V.  Bogy.  D.wid  Coons.  Stuart  Matthews. 
Third   Ward— Merrlwether  Lewis  Clarl<.   Hugh  ONeil.  Peter  Tlernan. 
Fourth  Ward — Abel  Rathbone  Corbln   (resigned),  Hugh  O'Brien,  John  M.  Wlmer, 
Giles  A.  Llndley. 

1839.— WILI-IAM  CARR  LANE.  Mayor. 
Aldermen: 

First  Ward — Benjamin  W.  Ayres.  James  G.  Barry. 
Second    Ward — Beverly   Allen.   Edward   Tracy. 
Third  Ward — Gkokcik  Cooi.ieh.   John  B.  Sarpy. 
Fourth  Ward — John  Lee.  Archibald  Carr. 

Delegates: 

First  Ward — Elkanah  English,  Charles  Coutts  (resigned),  William  Home.  George 

Maguire. 
Second  Ward— William  Glasgow.  Theodore  Papln.  David  B.  Hill. 
Third  Ward — Bazll  W.  Alexander.  Asa  Wllpus.  George  Trask. 
Fourth  Ward — George  K.  Budd.  Abel  G.  Farwell.  Samuel  Gaty. 

1S40.— JOHN  F.  DARBY,  Mayor. 
Aldermen; 

First  Ward — James  G.  Barry.  Benjamin  W.  Ayres. 

Second  Ward— BtvrRi.v  Aii.fn   (  resigned ».  Ao.xm  L.  Mills,  Thomas  Cohen. 

Third  Ward— William  Burd.  Archibald  E.  Orme. 

Fourth  Ward— Archibald  Carr.   Horatio  N.   Davis. 

Delegates: 

First  Ward— Elkanah  English,  George  Maguire.  Hiram  Shaw. 
Seiond  Ward — Edw.  Brooks.  James  Clemens.  Stewart  Matthews. 
Third  Ward — Thomas  Dresser.  George  Trask.  Thomas  II.  West. 
Fourth  Ward — George  K.  Budd.  Samuel  Gaty.  David  Weston. 


IV  MAYORS,    ALDERMEN   AND   DELEGATES. 

1841.— JOHN  D.  DAGGETT,  Mayor. 
Aldermen : 

First  Ward — John  Corcoran   (resigned),  James  C.  Lynch,  Brannock  Jones. 

Second  Ward — B.  W.  Ayres,  Stewart  JIatthews. 

Third  Ward— Thomas  Cohen,  A.  L.  JIiLi.s. 

Fourth  Ward — Archibald  E.  Orme.  James  H.  Lucas. 

Fifth   Ward— Robert  Cathcart,   Samuel   Gaty. 

Delegates: 

First  Ward — Joseph  M.  Magehan,  Daniel  H.  Donovan,  Thomas  Denny. 

Second  Ward — Elkanah  English,  Hiram  Shaw,  Henry  McKee   (resigned),  Edward 

Walker. 
Third  Ward — Henry  S.  Coxe,  Edw.  Brooks,  Henry  E.  Stone. 
'        Fourth  Ward — Thomas  H.  West,  George  Trask,  Ebenezer  Young. 

Fifth  Ward — Thomas  H.  Duncan,  Theodore  Lebeaume   (resigned),  A.  R.   Corbin, 
John  M.  Wimer. 

1842.— GEORGE  MAGUIRE,  Mayor. 
Aldermen : 

First  Ward — James  C.  Lynch,  William  B.  Wood. 

Second  Ward — J.\jies  G.  Bakry,  Nathan  Ranney. 

Third  Ward — Edward  Brooks,  Adam  L.  Miixs  (resigned),  Adam  B.  Chambers. 

Fourth  Ward — Archibald  E.  Orme,  Joseph  B.  Crockett   (resigned),  B.  S.  Hollings- 

worth. 
Fifth  Ward — John  M.  Wimer   (resigned),  Samuel  Gaty   (resigned),  C.  Campbell, 
Charles  Todd. 

Delegates: 

First  Ward — Daniel  H.   Donovan    (resigned),  Thomas  Denny    (resigned),   Henry 

C.  Lynch,  John  C.  Mueller,  John  Stewart. 
Second  Ward — Hiram  Shaw,  Ezra  O.  English,  Ellis  Wainwright. 
Third  Ward — George  K.  McGunnegle,  Francis  Jones,  William  H.  Jones  (resigned), 

Beriah  Cleland. 
Fourth  Ward — Vital  M.  Garesche,  Louis  A.  Lebeaume,  J.  S.  Wood. 
Fifth  Ward — Abel  R.  Corbin,  T.  O.  Duncan,  Chas.  R.  Anderson. 

1843.— JOHN  M.  WIMER,  Mayor. 
Aldermen: 

First  Ward— Matthias  Steitz,  John  Withnell. 

Second  Ward — Wilsox   Primm,  Stuart  Matthews   (resigned),  John  Black. 

Third  Ward — Edward  Charless,  Louis  A.  Lebeaume. 

Fourth   Ward — Luther  M.   Kennett,   John   B.   Camden. 

Fifth  Ward — Anthony  Bennett,  Thomas  Watson. 

Sixth  Ward— Joseph  S.  Hull,  William  S.  Stamps. 

Delegates: 

First  Ward — Jacob  Smith,  James  Caldwell. 
Second  Ward — Ellis  Wainwright,  Charles  Bobb. 
Third  Ward — George  K.  McGunnegle,  Francis  Jones. 
Fourth  Ward — Georiie  A.  Hyde.  John  Finney. 
Fifth  Ward— Abel  R.  Corbin,  Rufus  Kayser. 
Sixth  Ward — Charles  R.  Anderson,  Jacob  Tice. 

1844.— BERNARD  PRATTE,  Mayor. 
Aldermen: 

First  Ward— Matthias  Steitz,  John  Withnell. 

Second  Ward — John  Black,  Ellis  Wainwright. 

Third  Ward — EinvARi)   Ciiarles.s,  George  K.  JIcGunnegle. 

Fourth  Ward — Luther  M.  Kennett.  John  B.  Camden. 

Fifth  Ward — Thomas  Watson  (resigned),  Archibald  Carr,  J.  W.  Ormsbee. 

Sixth  Ward — William  S.  Stamps,  George  Mead. 

Delegates: 

First  Ward — John  Corcoran,  Edward  Warrens. 
Second  Ward — Charles  Bobb,  George  Morton. 
Third  Ward — David  Chambers,  Francis  Jones. 
Fourth  Ward— George  A.  Hyde,  Charles  Todd. 
Fifth  Ward — Samuel  Knox,  Charles  J.  Carpenter. 
Sixth  Ward — James  Gordon,  Hugh  Rose. 


MAYORS.    Al.PERMEN    AM>    DKLEC. ATES.  V 

1845.— BERNARD  I'RATTE,  Mayor. 
Aldermen: 

First   Ward— Matthias  Steltz.  Daniel   H.   Donovan. 

Second  Ward — Ellis  Wainwrlfeht   (resigned),  .lames  G.  Barry,  B.  W.  Ay  res. 

Third  Ward — GeorKe  K.  MoGunnegle,  Edward  Charless. 

Fourth  Ward — Henry   D.   liac-on    (resiRned),   Luther  M.   Kennett,  Charles  OoUlns, 

John  B.  HlKdon   (In  lieu  of  Collins). 
Fifth  Ward — Akciiiii.m.d  C.vuk.  George  K.  Rudd. 
Sixth  Ward— George  Mead.  John  Hall. 

Delegates: 

First  Ward — Edward  Warrens   (resigned),  Aniadee  Valle,  Ezra  O.  English. 
Second  Ward — Thomas  B.  Targee,  Robert  Holmes. 
■     Third  Ward— Singleton  H.  Kimmel,  William  Glasgow,  Sr. 

Fourth    Ward — Charles   Hequembourg,   Isaac   T,   Greene    (resigned),   Charles   M. 

Valleau. 
Fifth  Ward— Samikl  Kno.x.  Charles  Jabine. 
Sixth  Ward— Henry  Loane,  Nathaniel  Chllds,  Jr. 


1840.- PETER  G.  CAMDEN,  Mayor. 

Aldermen: 

First  Ward — Matthias  Steitz,  Daniel  H.  Donovan  (resigned),  George  Maguire. 

Second  Ward — James  G.  Barry,  Daniel   D.  Page. 

Third  Ward— Edward  Charless,  Adam  L.  Mills. 

Fourth    Ward — Luther   JL    Kennett      (resigned),   John   B.    Hlgdon,     Stephen    W. 

Adreon. 
Fifth  Ward— George  K.  Budd,  Reuben  Knox. 
Sixth  Ward— John  Hall,  Nathaniel  Chllds,  Sr. 

Delegates: 

First  Ward— A.  Valle  (resigned),  W.  Tlghe,  John  Dunn. 
Second  Ward — C.  P.  Morse.  Robert  Holmes. 

Third  Ward— S.  H.  Kimmki.  (resigned),  W.  Glasgow,  Jr.    (resigned),  P.  C.  More- 
head,  James  Glasgow. 
Fourth  Ward — C.  HKiitK.MnorRii,  C.  M.  Valleau. 
Fifth  Ward— John  Whitehill,  James  H.  White. 
Sixth  Ward— Joseph  S.  Hull,  Robert  B.  Bell.  , 

1847.— BRYAN  MULLANPHY,  Mayor. 

Aldermen: 

First  Ward — George  JI.vcvire,  Richard  S.  Blannerhasset. 

Second  Ward— D.   D.  Page   (resigne<l).  J.  G.  Shelton,  Wilson  Priram. 

Third  Ward — Adam  L.  Mills,  James  Glasgow. 

Fourth  Ward — Isiah  Forbes,  Samuel  Hawken. 

Fifth  Ward — Reuben  Knox,  L.  RIggs   (resigned),  Louis  Bach. 

Sixth  Ward— Nathan  Chllds,  Reuben  B.  Austin. 

Delegates: 

First  Ward— Jacob  Smith.  H.  C.  Lynch. 

Second  Ward— J.  P.  Thomas.  E.  W.  Decker  (died),  Louis  DuBreull. 

Third  Ward— W.  H.  Jones.  William  Robb. 

Fourth  Ward— G.  A.  .MA(iKn.\N.  J.  H.  LIghtner. 

Fifth  Ward— A.  P.  Ladue.  Hugh  Rose. 

Sixth  Ward— D.  W.  Dixon,  R.  N.  Moore. 

1848.— JOHN  M.  KRUM,  Mayor. 

Aldermen: 

First  Ward — R.  S.  Blannerhasset  (resigned),  Geokoe  Af.tGfiRE,  Edward  Haren. 
Second  Ward — John  G.  Shelton,  George  R.  Taylor   (resigned  ami   reelected). 
Third  Ward- Games  Glasgow,  Adam  L.  Mills.  Daniel  D.  Page  (to  Oil  vacancy). 
Fourth   Ward — Samuel   Hawken    (resigned).  James  H.  White,   Demetrlu.s   R.   Ma- 

gehan. 
Fifth  Ward- Louis  Bach,  Robt.  Cathcart  (vacated  seat),  T.  J.  Belrne. 
Sixth  Ward — Reuben  B.  Austin.  Isaac  H.  Sturgeon. 


VI  MAYORS,    ALDERMEN   AND   DELEGATES. 

Delegates:  ■ 

First  Ward — Henry  C.  Lynch,  A.  C.  Cordes. 
Second  Ward — Jacob  P.  Thomas,  Edward  E.  Hunter. 
Third   Ward — Thomas  Cohen,   Charles   Rolib. 
Fourth  Ward — William  M.  Morrison,  Joseph  P.  Franklin. 
Fifth  Ward — Thomas  Jackson,  Frederick  Lauuiann. 
Sixth  Ward — Thomas  Harsant,  Erastus  Wells. 

1849.— JAMES  G.  BARRY,  Mayor. 
Aldermen: 

First    Ward — George   Maguire,    (resigned),    Edward    Haren    (resigned),    William 

Freund,  John  Dunn. 
Second  Ward — William  Palm,  George  R.  Taylor. 
Third  Ward— Daniel   D.  Page,  Adam  I^.  Mills. 
Fourth  Ward— C.  M.  Valleau,  William  Robl). 
Fifth   Ward— Thomas  J.  Beirne,  J.  B.  Gibson. 
Si.xth  Ward — Henry  Holmes,  Isaac  H.  Sturgeon. 

Delegates: 

First  Ward— H.  C.  Katz,  William  R.  Price. 

Second  Ward— J.  P.  Thomas,  William  Walton. 

Third  Ward — E.  R.  Mason,  Fr.^ncis  Jones. 

Fourth  Ward — R.  Kayser,  George  W.  Rucker. 

Fifth  Ward — Peter  Miller  (died),  George  Bushey,  Thomas  Harsant. 

Sixth  Ward— A.  Ward   (died),  H.  Overstolz,  Willis  R.  Pritchard. 

1850.- LUTHER  M.  KENNETT,  Mayor. 
Aldermen: 

First  Ward — John  Dunn,  R.  S.  Blennerhasset. 

Second  Ward — William  Palm.  Louis  DuBreuil. 

Third  Ward — Joseph  Charless,  John  J.  Anderson. 

Fourth  Ward — C.  I\L  V.\i.i.e.\u.  John  W.  Rucker. 

Fifth  Ward — J.  B.  Gibson   (resigned),  J.  S.  Freligh  (resigned),  Charles  H.  Pond. 

E.  C.  Blackburn. 
Sixth  Ward — Henry  Holmes,  Isaac  H.  Sturgeon. 

Delegates:" 

First  Ward— Stephen  Stock,  Frederick  W.  Beckwith. 

Second  W'ard — Benjamin  B.  Chamberlin  (died),  E.  B.  Taylor,  William  Smith. 

Third  Ward — William  Carroll,  C.  Edmund  Lebeaume. 

Fourth  Ward — Edwin  Smith.  Gkor(,e  Tk.vsk. 

Fifth  Ward — John  Shore   (resigned).  George  Bushey,  C.  L.  Holthaus. 

Sixth   Ward— Henry  Overstolz,  Willis  R.   Pritchard. 

1S5L— LUTHER  M.  KENNETT,  Mayor. 
Aldermen : 

First  Ward — John  C.  Degenhardt,  Henry  C.  Lynch. 
Second   Ward — William   Palm,   Robert   Clarkson. 
Third  Ward — John  J.  Anderson,  Loris  A.  Lkise.wme. 
Fourth  Ward — George  W.  Rucker,  Edward  C.  Blackburn. 
Fifth  Ward— Charles  W.  Lightner,  Charles  H.  Pond. 
Sixth  Ward — Henry  Overstolz,  Thomas  L.  Sturgeon. 

Delegates: 

First  Ward — George  Bremermann,  Samuel  B.  Pilkington. 

Second  Ward — J.  T.  Moore   (resigned),  Phillip  B.  Reily,  John  McDowell. 

Third  Ward — Joshua  W.  Owings,  David  R.  Risley. 

Fourth  Ward — Rurrs  K.wser,  Benjamin  C.  Farrar. 

.     Fifth  Ward — George  Bushey,  J.\.mes  MrXicnoi.  (resigned),  Garrison. 

Sixth  Ward — Daniel  Crouse   (died),  Stewart  McKee,  John  Brotherton. 

1S52.— LUTHER  M.  KENNETT,  Mayor. 
Aldermen: 

First  Ward — John  C.  Degenhardt,  Henry  C.  Lynch. 

Second  Ward— Philip  B.  Reily,  Robert  Clarkson. 

Third  Ward — John  ,J.  Anderson   (resigned),  Louis  A.  Lebeaume,  George  K.  Budd. 

Fourth   Ward — George   W.   Rucker.   Einv.vRn  C.   Be.^ckuiun. 

Fifth  Ward— Thomas  J.  Beirne,  Charles  W.  Lightner. 

Sixth   Ward — Thomas  L.   Sturgeon,  John  W.  Thornliurgh. 


MAYORS.   ALX>ER.Mi:X    AND   DELEGATES.  VII 

Delegates : 

First  Ward — Samuel  B.  PllklnRton,  Frederick  n,  SaiiKiilnelte. 

Second  Ward — C.  C.  Simmons.  Charles  Mehl  (resigned).  Martin  Dubbs. 

Third  Ward — DAvin  R.  Kisi.ky,  W.  Joshua  Owlngs. 

Fourth  Ward — .1.  K.  Burtls.  James  Hnm. 

F'Ifth  Ward— Thomas  Harsant.  W.  R.  Prilchard. 

Sixth  Ward— Daniel  G.  Taylor   (resigned),  Cyrus  Spear,  John  Sexton,  Jr. 

1S53.— JOHN  HOW.  Mayor. 

Aldermen: 

First  Ward— John  C.  Degenhardt,  Samuel  B.  Pllklngton. 

Second  Ward — Philip  B.  Relly.  Cornelius  Campbell. 

Third  Ward— Louis  A.  Lel)eaume  (resigned),  David  R.  Rlsley  (resigned),  William 

M.  McPherson.  Thoophile  Papln. 
Fourtli  Ward — Edward  C.  Blackburn.  John   Hartnett. 
Fifth  Ward— Thomas  J.  Bkirxk.  Eneas  McFaul. 
Sixth  Ward— John  W.  Thornburgh,  Alfred  Heacock. 

Delegates: 

First  Ward — George  W.  Sherrick.  Cii.Mti.K.s  W.  Gottsch.m.k. 
Second  Ward — Charles  A.  Clark.  John  H.  Rohlf. 
Third  Ward— Isaac  M.  Veitch.  Charles  H.  Tlllson. 
Fourth  Ward — James  Ham.  Franklin  Weston. 
Fifth  Ward — Davis  Moore.  George  Kyler. 
Sixth  Ward — Charles  W.  Horn,  James  Graham. 

1854.— JOHN   HOW.  Mayor. 

Aldermen: 

First  Ward— S.  B.  Pllklngton,  C.  W.  Gottschalk. 
Second  Ward — Cobnki.h-.-;  CvMpnELL.  Philip  B.  Relly. 
Third  Ward— Theophile  Papin.  Daniel  G.  Taylor. 
Fourth  Ward — Edward  G.   niackburn.  .Ichn   Hartnett. 
Fifth  Ward — Eneas  McFaul.  Norman  J.  Colman. 
Sixth  Ward— J.  W.  Thornburgh,  Albion  T.  Crow. 

Delegates : 

First  Ward— George  W.  Sherrick.  H.  J.  Hlllsdorf. 
Second  Ward — Charles  A.  Clarke,  Henry  Graefenkamp. 
Third  Ward— Isaac  M.  Veitch,  Charles  H.  Tllson. 
Fourth  Ward — Franklin  WcKton,  Joshua  Houston. 
Fifth  Ward — David  Moore,     Gloki.k  Kvi.ek. 
Sixth  Ward — John  Sexton,  Jr.,  John  H.  Niprnieyer. 

1855.— WASHINGTON  KING,  Mayor. 
Aldermen: 

First  Ward— C.  W.  Gottschalk,  George  W.  Sherrick. 

Second  Ward— Philip  II.  Relly,  Henry   B.  Belt. 

Third   Ward— Daniel   G.  Taylor,   Erasliis   Wells. 

Fourth  Ward — E.  C.  Blackburn   (died  I.  Franklin  Weston,  John  Shore. 

Fifth  Ward — N.  J.  Coleman,  George  Kyler. 

Sixth  Ward — J.  W.  Tiiornbiroii,  John  Sexton.  Jr. 

Delegates: 

First  Ward— H.  J.  Hlllsilorf.  Christian  Staehlin. 
Second  Ward — Henry  Graefenkamp,  Thcnias  .M.  Wannell. 
Third  Ward — James  F.  Small.  CiiARi.fs  H.  Tii.-on. 
Fourth    Ward — Joshua   Houston.   Jesse   W.    Heath. 
Fifth  Ward— William  S.  Cuddy,  Charles  E.  Loring. 
Sixth  Ward — James  H.  Vall.  Benjamin  L.  VanCourt. 


VIII  MAYORS.    ALDERMKN    AND   DELEGATES. 

1856.— JOHN  HOW,  Mayor. 
Aldermen: 

First  Ward — Godfrey  Schoeiithaler   (resigned),  Henry  C.  Lynch,  David  Bayles. 
Second    Ward — Cornelius   Campbell    (resigned),    Chas.    W.    Gottschalk,    Brannock 

Jones. 
Third  Ward— C.  C.  Simmons.  William  Palm. 

Fourth  Ward — Gkokge  R.  Taylor.  John  Kern   (died),  Amadee  Valle. 
Fifth  Ward— Erastus  Wells.  Charles  H.  Tillson. 
Sixth  Ward — John  Shore.  Unit  Rasin. 

Seventh  Ward — Patrick  Deegan    (died),  Henry  Dusenbury. 
Eighth  Ward— C.  D.  Colman.  George  Kyler. 
Ninth  AVard — James  Graham.   Charles  W.   Horn. 
Tenth  Ward — Henry  Overstolz,  Charles  R.  Anderson. 

Delegates: 

First  Ward — Henry  Olmstead,  Henry  C.  Katz. 

Second  Ward — John  H.   Amelung.  Henry  Graefenkamp. 

Third  Ward — Gerhard  Schepmann,  Thoophile  Papin. 

Fourth  Ward — Samuki,  Sim.mons.    Smith  Litchfield. 

Fifth  Ward— John  F.  Long,  C.  C.  McClure. 

Sixth  Ward — Jesse  W.  Heath  (resigned),  Augustus  Pomeroy,  Edward  S.  Wheaton. 

Seventh  Ward — W.  S.  Bachmann.  C.  Tiernan. 

Eighth  Ward — John  C.  Vogel,  Davis  Moore. 

Ninth  Ward— William  McKee,  Robert  Grahan. 

Tenth  Ward— Andrew  Getty,  Daniel  McGill. 

1857. — JOHN  M.  WIMER,  Mayor. 
Aldermen: 

First  Ward — Henry  C.  Lynch,  L.  Babcock. 
Second  Ward — John  H.  Fisse,  Brannock  Jones. 
Third  Ward— C.  C.  Simmons,  R.  N.  Renick. 
Fourth  Ward — Geougk  R.  Taylor.  Amadee  Valle. 
Fifth  Ward— Charles  Tillson,  Erastus  Wells. 
Sixth  Ward- John  Shore,  C.  C.  McClure. 
Seventh  Ward— Charles  G.  Stifel,  E.  M.  Powers. 
Eighth  Ward — C.  D.  Colman,  George  Kyler. 
Ninth  Ward — James  Graham,  Charles  W.  Horn. 
Tenth  Ward — Charles  R.  Anderson,  John  Sexton. 

Delegates : 

First  Ward — James  Gorman,  Henry  Olmstead. 

Second  Ward — Theophile  Papin   (resigned),  Thomas  S.  Nelson,  William  D'Oench. 

Third  Ward— E.  P.  Tony,  J.  H.  Graefenkamp. 

Fourth  Ward — Samuel  Simmons   (resigned),  Fred  Buschman,  Sol.  J.  Levi. 

Fifth  Ward— A.  D.   Pomeroy,  John  W.  Burd. 

Sixth  Ward— James  H.  McClure,  Thomas  R.  Axtell. 

Seventh  Ward — Thomats  J.  Dailey,  Robert  Kinnear. 

Eighth  Ward — John  C.  Vogel,  Davis  Moore. 

Ninth  Ward — William  McKee,  Conrad  Doll. 

Tenth  Ward — Felix  A.  McDonald,  James  R.  Dobyns. 

1858- OLIVER  D.  FILLEY,  Mayor. 
Aldermen: 

First  Ward— L.  Babcock,  Thomas  Allen. 
Second  Ward — Brannock  Jones,  F.  W.  Cronenbold. 
Third  Ward— R.  M.  Renick,  J.  H.  Graefenkamp. 
Fourth  Ward — Amadee  Valle,  John  G.  Shelton. 
Fifth  Ward— Erastus  Wells,  Charles  Tillson. 
Sixth  Ward— S.  W.  Adreon,  C.  C.  McClure. 
Seventh  Ward— Thomas  J.  Dailey,  F.  W.  Corbitt. 
Eighth  Ward— Geohge  Kyler,  John  C.  Vogel. 
Ninth  Ward — Charles  W.   Horn.  Patrick  Gormau. 
Tenth  Ward — John  Sextoo,  James  Doyle. 


MAM  IKS    A.Mi    Ilir.NCII.MKN.  I  \- 

DeleB.ates: 

First  Ward — Frederick  Hohenschildt,  Uoiiry  Almstedt. 

Second  Ward — Thomas  S.  Nki.sun,  J.  G.  Vogel. 

Third  Ward — Philip  H.  Bishop.  William  Horlne  (resigned),  George  Bayha. 

Fourth  Ward — Sol.  J.  Levi.  Ira  Stout  (reslKned).  John  Young. 

Fifth  Ward— Bernard  Platte,  Jr.,   Peter  Ames. 

Sl.\th  Ward— James  S.  Wllgus.  Dwight   DurUee. 

Seventh  Ward — John  J.  Wllshusen.  Jesse  W.  Heath. 

Eighth  Ward — Davis  Moore.  Horatio  Wood. 

Ninth   Ward — Daniel   McGill,  Caspar  Stolle. 

Tenth  Ward — James  R.  Dobyns,  Nicholas  Hatch. 

185^— OLIVER  D.  FILLEY.  Mayor. 
Councllmen: 

First  Ward — Thomas  Allen,  Henry  Kayser. 

Second  Ward — F.  W.  Cronenbold,  Thomas  S.  Nelson. 

Third  Ward— J.  A.  Graefenkanip.  Theophile  Papln. 

Fourth  Ward — J.  H.  Shelton   (resigned),  Gcoitoi:  R.  Tavlob,  John  H.  Andrews. 

Fifth  Ward— Charles  H.  Tlllson,  Erastus  Wells. 

Sixth  Ward— S.  W.  Adrcon,  Dr.  S.  II.  Uurnett. 

Seventh  Ward — Francis  H.  Manter,  Casper  H.  Holthaus. 

Eighth  Ward — John  C.  Vogel.  George  Kyler. 

Ninth  Ward — Patrick  Gorman   (resigned),  Caspar  Stolle,  John  Rellly. 

Tenth  Ward — James  Doyle,  John  Se.Mon,  Jr. 

I860.— OLIVER  D.  FILLEY,  Mayor. 
Councllmen: 

First  Ward — Henry  Kayser   (resigned),  Thomas  C.  Chester,  Joseph  H.   Locke. 

Second  Ward — Thomas  S.  Nelson,  F.  W.  Cronenbold. 

Third  Ward— Theophile  Papin   (resigned),  G.  W.  Dreyer,  P.  A.  Ladue. 

Fourth  Ward — Jotham  nigelow,  John  H.  Andrews  (resigned),  Thos.  Burke. 

Fifth  Ward— Erastus  Wells,  Joseph  H.  McBrlde. 

Sixth  Ward — Dwight  Durkee.  S,  W.  Adreon. 

Seventh  Ward— F.  H.  Manter.  J.  W.  Crane. 

Eighth  Ward — George  Kyler.  John  C.  Vogel. 

Ninth  Ward — Caspar  Stolle,  Isaac  T.  Greene. 

Tenth  Ward — John  Sexton,  Jr.  (resigned),  L.  W.  Mitchell,  Thomas  M.  Speers. 

18C1.— DANIEL   G.   TAYLOR,    Mayor. 

Councllmen: 

First  Ward — Thomas  C.  Chester,  J.  Gabriel  Woerner. 
Second  Ward — F.  W.  Cronenbold,  Thomas  S.  Nelson. 
Third  Ward— G.  W.  Dreyer,  John  F.  Thornton. 
Fourth  Ward — Thomas  Burke.  Robert  M.  Funkhouser. 
Fifth  Ward— Josei)h  H.  McBrlde,  Erastis  Wklls. 
Sixth  Ward— o.  W.  Adreon,  Dr.  S.  B.  Burnett. 
Seventh  Ward — J.  W.  Crane.  Earl  Matlack. 
Eighth  Ward — John  C.  Vogel,  Robert  Thornburgh. 
Ninth  Ward — Isaac  T.  Greene.  Patrick  DrlscoU. 
Tenth  Ward— L.  W.  Mitchell,  Thomas  M.  Speers. 

18C2.— DANIEL   G.    TAYLOR.    Mayor. 

Councllmen: 

First  Ward — J.  Gabriel  Woekner,  John  C.  Rust. 

Second  Ward — Thomas  S.  Nelson,  F.  W.  Cronenbold. 

Third  Ward— John  F.  Thornton.  G.  W,  Dreyer. 

Fourth  Ward — Robert  M.  Funkhouser.  Tony  Nlederwleser. 

Fifth  Ward— Erastus  Wells.  John  Cairns. 

Sixth  Ward — J.  B.  Burnett.  Joshua  Cheever. 

Seventh   Ward — Earl   Matlack.  Thomas  J.   Dalley. 

Eighth  Ward— Robert  Thornburgh.  Charles  W.  Horn. 

Ninth  Ward — Patrick  Drlscoll.  Solon  Stark. 

Tenth  Ward — Thomas  M.  Speers.  Aaron  W.  Fagln. 


X  MAYORS,    COUNCILMEN    AND    ALDERMEN. 

1SG3.— CHAUNCEY  I.  FILLEY,  Mayor. 

Councllnien: 

First  Ward — John  C.  Rust,  J.  Gabriel  Wcerner. 
Second  Ward — F.  W.  Croxenhoi-d,    Cliarles  W.  Gottschalk. 
Third  Ward — G.  W.  Dreyer,  Hermann  Schepman. 
Fourth  Ward — Tony  Niederwieser,  Henry  McKee. 
Fiftli  Ward — John  Cairns,  Erastus  Wells. 
Sixth  Ward — Joshua  Cheever,  Samuel  Plant. 
Seventh  Ward — Thomas  J.  Dailey,  Fred  Deeming. 
Eighth  AVard— Charles  W.  Horn,  John  Grether. 
Ninth  Ward — Solon  Stark,  Patrick  DriscoU. 

Tenth  Ward — Aaron  W.  Fagin,  Benjamin  Charles   (resigned),  Chas.  Sessinghaus 
(died). 

1S64.— JAMES  S.  THOMAS,  Mayor. 
Councilmen: 

First  Ward — J.  G.  Wcerner,  A.  Krieckhaus. 
Second  Ward — Charles  W.  Gottschalk,  Henry  C.  Gempp. 
Third  Ward — Hermann  Schepman,  Araadee  Valle. 
P'ourth  Ward — A.  S.  W.  Goodwin,  Tony  Niederwieser. 
Fifth  Ward — Erastus  Wells,  John  Cairns. 
Sixth  Ward — Samuel  Plant,  Joshua  Cheever. 
Seventh  Ward — Jesse  W.  Heath,  Henry  Stagg. 
Eighth  Ward — Johx  Gretiiee,  Charles  W.  Horn. 
Ninth  Ward— Patrick  Driscoll,  Daniel  McAuliffe. 
Tenth  Ward — Charles  Schoenbeck,  Charles  Borg. 

1865.— JAMES  S.  THOMAS,  Mayor. 

Councilmen: 

First  Ward — A.  Krieckhaus,  Christopher  A.  Stifel. 

Second  Ward — Henry  C.  Gempp,  F.  W.  Cronenbold   (resigned),  Louis  Gottschalk. 

Third  Ward — Amadee  Valle,  Herman  Schepman. 

Fourth  Ward — Tony  Niederwieser,  A.  S.  \V.  Goodwin   (resigned  and  re-elected). 

Fifth  Ward — John  Cairns,  Erastus  Wells. 

Sixth  Ward — Joshua  Cheever,  Samuel  Plant. 

Seventh  Ward — Henry  Stagg  (resigned),  John  O'Brien,  Charles  F.  Walther. 

Eighth  Ward — Charles  W.  Horn,  John  Gukthkk. 

Ninth  Ward — Daniel  McAuliffe,  Patrick  Driscoll. 

Tenth  Ward — Charles  Borg,  Charles  Schoenbeck. 

ISCC— JAMES  S.  THOMAS,  Mayor. 
Aldermen: 

First  District — A.  Kriecldiaus,  Isidore  Bush. 
Second  District — John  F.  Thornton,  John  Finn. 
Third  District— Erastus  Wells,  M.  J.  Hartnett. 
Fourth  District — J.  Philip  Krieger,  William  Frudeneau. 
Fifth  District— P.  Driscoll,  H.  C.  Brokmeyer. 

Delegates : 

First  Ward— C.  August  Stifel,  August  Etling. 
Second  Ward — Louis  Gottschalk,  Christ  Overbeck. 
Third  Ward— Phil.  H.  Bishop,  James  R.  Lake. 
Fourth  Ward— Peter  G.  Gerhardt,  Elon  G.  Smith. 
Fifth  Ward — John  Cairns,  Hampton  Woodruff. 
Sixth  Ward — Henry  D.  Belt,  Ewing  C.  Ketchum. 
Seventh  Ward — R.  D.  Lancaster,  John  Houston. 
Eighth  Ward — William  Henry,  Ed.  Herzog. 
Ninth  Ward — James  Ashworth,  Daniel  McAuliffe. 
Tenth  Ward — Robert  S.  King,  Edgar  A.  Richardson. 


MAYORS   AND   COVfJCILMEN.  \I 

1807.— JAMES  S.  THOMAS.  Mayor. 


Councilmen: 


First  Ward— August  Elling. 
Second  Ward — A.  Krieikhaiis,  John  C.  Fink. 
Third  Ward — Charles  W.  Gottschalk,  Henry  Anielung. 
Fourth  Ward — George  Frlederich,  Anthony  Ittner. 
Fifth  Ward — Tony  Niederwleser,  Uavid  Powers. 
Sixth  Ward— Erastus  Wells,  Charles  A.  Mantz. 
Seventh  Ward — George  Babcock,  Chas.  W.  Horn. 
Eighth  Ward— R.  D.  Lancaster,  William  Bosbyshell. 
Ninth  Ward — John  O'Bkik.v,  Sol.  J.  Quinlivan. 
Tenth  Ward— Patrick  Drlscoll,  M.  W.  Hogan. 
Eleventh  Ward — Charles  Schoeubeck,  H.  S.  Parker. 
Twelfth  Ward— Charles  F.  Borg. 


ISCS.— JAMES  S.  THOMAS,  Mayor. 
Councilmen: 

First  Ward — August  Elling. 

Second   Ward — A.   Krieckhaus,  F.  Cratz. 

Third  Ward— Charles  W.  Gottschalk.  Henry  Anielung. 

Fourth  Ward — Anthony  Ittner,  George  Friedrich. 

Fifth  Wanl— Elon  G.  Smith,  David  Powers. 

Sixth  Ward — Erastus  Wells.  Charles  A.  Mantz. 

Seventh  Ward— James  Coff.  George  Babcock. 

Eighth  Ward— J.  .McCord.  William  Bosbyshell. 

Ninth  Ward — John  O'Brien.  Sol.  J.  Quinlivan. 

Tenth  Ward— P.  Drlscoll.  M.  W.  Hogan. 

Eleventh  Ward — Charles  Schoenbeck,  J.  M.  Jordan. 

Twelfth  Ward— Horace  Fox. 


1869. — NATHAN  COLE.  Mayor. 
Councilmen: 

First  Ward — Archibald  Douglas. 
Second  Ward — Fred  Cratz.  A.  Krieckhaus. 
Third  Ward— H.  H.  Smith.  Charles  W.  Gottschalk. 
Fourth  Ward — F.  G.  Fitzgerald.  George  Friedrich. 
Fifth  Ward— David  Powers.  Elon  G.  Smith. 
Sixth  Ward — Charles  A.  Mantz.  Samuel  Pepper. 
Seventh  Ward — James  Coff.  Henry  C.  Yaeger. 
Eighth  Ward — James  McCord,  William  Bosbyshell. 
Ninth  Ward — John  O'Brien,  Henry  Hannibal. 
Tenth  Ward— Patrick  Drlscoll,  M.  W.  Hogan. 
Eleventh  Ward — John  M.  Jordan.  William  K.  Patrick. 
Twelfth  Ward — Samuel  B.  Stannard. 


1870— NATHAN  COLE.  Mayor. 
Councilmen: 

First  Ward— Fred.  Hill.  .Archibald  Douglas. 

Second  Ward — A.  Krieckhaus.  F.  Cratz. 

Third  Ward— H.  H.  Smith.  Charles  W.  Gottschalk. 

Fourth  Ward — George  Frietlerlch.  George  Bain. 

Fifth  Ward— David  Powers.  Elon  G.  Smith. 

Sixth  Wanl— Samuel  Pe|)per.  S.  H.  Latlln. 

Seventh  Ward- Henry  C.  '\'aeger.  D.  B.  Gale. 

Eighth  Ward— William  Bosbyshell.  John  O'Brien. 

Ninth  Ward — Henry  Hannll>al.  John  O'Brien. 

Tenth  Ward— .M.  W.  Hogan.  L.  S.  Bargen. 

Eleventh  Ward — W.  K.  Patrick.  H.  Overstolz. 

Twelfth  Ward— Samuel  B.  Stannard,  Henry  Sohwaner. 


XII  MAYORS   .-VXD   COUXCILMEN. 

1S71— JOSEPH  BROWN,  Mayor. 
Councilmen: 

First  Ward — H.  J.  Hinsman,  Archibald  Douglas. 
Second  Ward — A.  Krieckhaus,  Fred  Cratz. 
Third  Ward— Charles  W.  Gottschalk,  J.  H.  Amelung. 
Fourth  Ward — George  Bain,  James  Tiernan. 
Fifth  Ward — Elo.x  G.  Smith,  Jeremiah  Ryan. 
Sixth  Ward — Charles    A.  Mantz.  James  Garvin. 
Seventh  Ward— Henry  C.  Yaeger.  D.  B.  Gale. 
Eighth  Ward — James  C.  Rogers,  John  O'Brien. 
Ninth  Ward — Hugh  Hawkins,  John  O'Brien. 
Tenth  Ward — L.  S.  Bargen,  Michael  Madden. 
Eleventh  Ward — Henry  Overstolz,  W.  K.  Patrick. 
Twelfth  Ward— S.  B.  Stannard,  H.  Rechtien. 

1872.— JOSEPH  BROWN,  Mayor. 
Councilmen: 

First  Ward — A.  McHose,  H.  J.  Hinsman. 
Second  Ward — Augustus  Krieckhaus,  John  Pauly. 
Third  Ward — August  Koch,  J.  H.  Amelung. 
Fourth  Ward — George  Bain,  James  Tiernan. 
Fifth  Ward — Elon  G.  Smith,  Jeremiah  Ryan. 
Sixth  Ward — James  Garvin,  Lewis  V.  Bogy. 
Seventh  Ward — Henry  C.  Yaeger,  William  Currie. 
Eighth  Ward — John  E.  Hagerty,  James  C.  Rogers. 
Ninth  Ward — Daniel  McAteer,  Hugh  Hawkins  (died). 
Tenth  Ward— Michael  Madden,  John  P.  Mullally. 
Eleventh  Ward — Henry  Overstolz,  William  K.  Patrick. 
Twelfth  Ward — Herman  Rechtien,  Samuel  B.  Stannard. 

1S73.— JOSEPH  BROWN,  Mayor. 
Councilmen; 

First  Ward — A.  McHose,  James  Meegan. 
Second  Ward — John  Pauly,  A.  Fischer,  Sr. 
Third  Ward — August  Koch,  J.  H.  Amelung. 
Fourth  Ward — George  Bain,  James  Tiernan. 
Fifth  Ward — Elon  G.  Smith,  James  S.  Foster. 
Sixth  Ward— Theophile  Papin,  A.  W.  Mead. 
Seventh  Ward — Wm.  Currie,  Nicholas  Schaeffer. 
Eighth  Ward — James  C.  Rogers,  John  E.  Hagerty. 
Niutih  Ward — Daniel  McAteer,  Thomas  Morris. 
Tenth  Ward— John  P.  Mullally.  Michael  Madden. 
Eleventh  \Vard — Henry  Over.stolz.  Wm.  K.  Patrick. 
Twelfth  Ward— H.  Rechtien,  L.  S.  Metcalfe. 
Thirteenth  Ward— S.  F.  Ransdell,  J.  J.  Schmitt. 


1S74.— JOSEPH   BROWN,   Mayor. 
Councilmen: 

First  Ward — James  Meegan,  L.  A.  Steber. 
Second  Ward — A.  Fischer,  Sr.,  Theodore  Horman. 
Third  Ward — J.  H.  Amelung,  C.  E.  Salomon. 
Fourth  Ward — James  Tiernan,  C.  W.  Francis. 
Fifth  Ward— James  S.  Foster,  L.  J.  Clark. 
Sixth  Ward — Theophile  P.\pin,  Henry  S.  Turner. 
Seventh  Ward — Nicholas  Schaeffer,  M.  D.  Collier. 
Eighth  Ward — James  C.  Rogers.  John  E.  Hagerty. 
Ninth  Ward — Thomas  Morris,  John  O'Brien. 
Tenth  Ward— Michael  Madden,  John  P.  Mullally. 
Eleventh  Ward— Wm.  K.  Patrick,  J.  B.  Woestman. 
Twelfth  Ward— L.  S.  Metcalfe,  H.  Rechtien. 


MAYORS.    COUNCILilEN    AND    DELEGATES.  X  1  |  | 

1875.— ARTHUR  B.  BARRET,  Mayor. 
(Died  April  23,  1S75.     James  Britton  cloctfa  to  fill   the  vacancy.) 

CouDcilmen: 

First  Ward— L.  A.  Steber.  B.  \V.  EllinK. 
Setond  Ward — Theodore  Herman.  A.  Klscher.  Sr. 
Third  Ward — C.  E.  Salomon.  J.  H.  Amelung. 
Fourth  Ward — Chas.  W.  Francis,  Wni.  Keating. 
Fifth  Ward— L.  J.  Clark.  James  S.  Foster. 
Sixth  Ward — Henry  S.  Turner.  James  L.  Patterson. 
Seventh  Ward— M.  Dwlght  Collier.  W.  E.  Kortkamp. 
Eighth  Ward— J.  E.  Hagerty.  A.  J.  Geraghty. 
Ninth  Ward— John  O'Brien,  Thomas  Morris. 
Tenth  Ward— John  P.  Mullally,  Michael  Madden. 
Eleventh  Ward — J.  H.  Woestnian,  J.  H.  Pohlman. 
Twelfth  Ward — H.  KKrin»;N.  Samuel  II.  Stannard. 
Thirteenth  Ward — Jas.  Meegan.  P.  Leahy. 

1876.— HENRY  OVERSTOLZ.  Mayor. 
(Declared  elected  by  the  council.  Fob.  9.  1876.  Instead  of  James  H.  Britton.) 

Oouncilmen: 

First  Ward— B.  W.  Etllng.  L.  A.  Steber. 
Second  Ward — A.  Fisher.  Sr.,  Theodore  Herman. 
Third  Ward— J.  H.  Amelung,  C.  E.  Salomon. 
Fourth  Ward — Wni.  Keating,  Chas.  W.  Francis. 
Fifth  Ward — James  S.  Foster,  C.  A.  Spalding. 
Sixth  Ward— Jas.  L.  Patterson.  Geo.  H.  Loker. 
Seventh  Ward — W.  E.  Kortkamp.  Jno.  J.  Sutter. 
Eighth  Ward— A.  J.  Geraghty,  John  OMalley. 
Ninth  Ward — Thos.  Morris.  Thomas  J.  Hennessy. 
Tenth  Ward— Michael  Madden.  John  P.  Mullally. 
Eleventh  Ward — J.  H.  Pohlman.  Wm.  H.  Woodward. 
Twelfth  Ward— S.  B.  Stannard,  D.  S.  Irons. 
Thirteenth  Ward — P.  Leahy,  M.  J.  Brennan. 

1877-1881.— HENRY  OVERSTOLZ.  Mayor. 

COl'NCII^ — IS77-1S79. 

JOHN   H.  LIGHTNER.   President. 

S.  D.  Barlow,  Thomas  Foley,  John  J.  O'Brien,  George  W.  Parker,  Geo.  Rlnkel,  Jr., 
John  Rude. 

1877-1881 

Nicholas  Berg,  A.   L.   Bergfeld,   Given  Campbell    (resigned),*   Moses  Fraley,   Edward 
S.  Rowse.  William  H.  Scudder. 

HOrSK  OF  DELEGATES— 1S77-1S79. 

First  Ward— A.  C.  L.  Haase.  Tenth   Ward— Frank   Backof. 

Second   Ward— Jos   Crawsbaw.  Eleventh  Ward— A.  N.  DeMenll. 

Third   Ward— C.  A.  Stlfel,  Twelfth  Ward— Patrick   Sullivan. 

Fourth   Ward — John   McManus.  Thirteenth  Ward — John  Williams. 
Fifth    Ward — J.    H.   Amelung    (resigned).      Fourte<>nlh  Ward— H.  C.  Meyer. 

Philip  A.  Melnberg.  Fifteenth   Ward — William   U.  Ryder. 

Si-xth  Ward— W.  C.  Van  Dillen.  SLxteenth   Ward— Otto   Kulage. 

Seventh  Ward— C.  H.  Relchman.  Seventeenth   Ward — A.   W.   Henry. 

Eighth   Ward— P.  Oundlaoh.  Eighteenth   Ward— Ooorge   W.   Cpdike. 

Ninth  Ward— E.  H.  Vor-!'-!-'-  n!,,.--.....,.i.   u-.r  i- ,-.„,r  ..i   k,.... 


•Succeeded  by  Robert  M.  Harks. 


XIV 


MAYORS,    COUNCILIIEN    AND    DELEGATES. 


HOUSE   OF   DELEGATES— 1S77-1S79 — Continued. 


Twentieth  Ward — W.  F.  Cozzens. 
Twenty-first    Ward — W.    L.    E\vi.\o„    Jr., 

speaker. 
Twenty-second  Ward — R.  L.  Jones. 
Twenty-third   Ward — Louis  Nolle. 


Twenty-fourth   Ward — P.   O'Brien. 
Twenty-fifth   Ward— Richard  Markel. 
Twenty-sixth  Ward — A.   B.   Barbee. 
Twenty-seventh   Ward — Jacob  Thorp. 
Twenty-eignth   Ward — Chris.   Conrades. 


HOUSE   OF  DELEGATES — 1S79-1SS1. 


First  Ward — Michael  O'Malley. 
Second  Ward — John  G.  Haas. 
Third  Ward — John  A.  Wolfinger. 
Fourth  Ward— John  Tighe. 
Fifth  Ward— Ph.  A.  Meinberg. 
Sixth  Ward — Amos.  S.  Partridge. 
Seventh  Ward — Paul  Young. 
Eighth  Ward — Peter  Gundlach. 
Ninth   Ward — Jos.   G.   M.^riuott,   speaker. 
Tenth  Ward — Bernard   Donnelly. 
Eleventh  Ward — Geo.  Weisenberger. 
Twelfth    Ward— Thos.   J.    Cornelius. 
Thirteenth  Ward — Henry  Ziegenhein. 
Fourteenth  Ward — Fred   Siefker. 


Fifteenth  Ward — Wm.  B.  Ryder. 
Sixteenth  Ward — Frank  Hussman,  Jr. 
Seventeenth   Ward — G.   W.   Carmichael. 
Eighteenth  Ward— Thos.  R.  Garard. 
Nineteenth  Ward — Frank  H.  Hecker. 
Twentieth  Ward— John  J.  O'Neill. 
Twenty-first  Ward— E.  B.  Kirby. 
Twenty-second  Ward — John  W.   Dunn. 
Twenty-third  Ward — Wm.  L.  Hickman. 
Twenty-fourth    Ward — Peter   Bouchein. 
Twenty-fifth    Ward — Ferdinand    Kaiser. 
Twenty-sixth  Ward— A.  B.  Barbee. 
Twenty-seventh  Ward — Jacob  Thorp. 
Twenty-eighth  Ward — Peter  G.  Gerhart. 


18S1-18S5.— WILLIAM  L.  EWING,  Mayor. 


COUNCU 


-1S79-1SS3. 


Alexander   N.   DeMenil,   Edward    C.    Kehr,   N.    G.    Larimore,   Patrick    McGrath,    Web. 
M.  Samuel  and  R.  T.  Tansey. 

1S81-18S5. 

GEORGE  W.  PARKER,  President. 

Henry  S.  Parker,  Edward  S.  Rowse,  William  H.  Scudder,  Joseph  P.  Vastiue,  Frederick 
E.  Zelle  and  Henry  Ziegenhein. 


HOUSE   OF  DELEG.^TES- 1SS1-1SS3. 


First  Ward — A.  Thoman. 

Second  Ward — W.  V.  Rutledge. 

Third  Ward— John  A.  Wolfinger.' 

Fourth  Ward — James  H.  O'Brien. 

Fifth  Ward — John  H.  Amelung. 

Sixth  Ward— William  Aston,  H.  Horst- 
brink   (resigned). 

Seventh   Ward— Fred   Zelle. 

Eighth  Ward — Peter  Gundlach. 

Ninth  Ward — Jo.shph  G.  M.\kriott,  speak- 
er. 

Tenth  Ward— Cyrus  P.  Walbridge. 

Eleventh  Ward — Geo.  Weisenburger. 

Twelfth  Ward— Saml.  J.  Somerville. 

Thirteenth   Ward — Henry  Alt. 


Fourteenth  Ward — B.  Hoffman. 
Fifteenth  Ward— E.  W.   Donk. 
Sixteenth  Ward — Frank  Hussman,  Jr. 
Seventeenth  Ward — Eugene  C.  Slevin. 
Eighteenth  Ward — Joseph  Stern. 
Nineteenth  Ward — Conrad  Rose. 
Twentieth  \\'ard— John  J.  O'Neill. 
Twenty-first  Ward— E.  F.  W.  Meier. 
Twenty-second   Ward — John  W.   Dunn. 
Twenty-third  Ward— W.  L.  Hickman. 
Twenty-fourth  Ward — Peter  Bouchein. 
Twenty-fifth  Ward — Ferdinand  Kaiser. 
Twenty-sixth  Ward — A.  B.  Barbee. 
Twenty-seventh  Ward — George  J.  Davis. 
Twenty-eighth  Ward — Louis  Schaefer. 


COUNCIL 


-1SS3-1SS7. 


James  K.  Cummings,  Edward  Devoy, 
and   Joseph   Temple.  / 


Wm.  F.  Haines,  Wm.  H.  Stone,  A.  W.   Straub 


HOUSE  OF  DELEGATES— 1SS3-1SS5. 


First  Ward — Christ.  Schawacker. 
Second  Ward — Edward  R.  Harris. 
Third  Ward — John  A.  Wolfinger. 
Fourth  Ward — Patrick  Brennan. 
Fifth  Ward— Henry  Rooke. 


Sixth  Ward — Charles  Schoenbeck. 
Seventh  Ward — Frank  G.  Cossman. 
Eighth  Ward— Peter  Gundlach. 
Ninth  Ward — Joseph  G.  M.^rriott,  speak- 
er,  1S83-18S4. 


MAYORS.    COUNCILilKN    AND    DKLKGATKS. 


XV 


HOUSE  OF  DELEGATES— 18S3-1885—ContlnueJ. 


Tenth  Ward— F.  A.  C.  MacManus. 
Eleventh  Ward — Louis  WaKiier. 
Twelfth  Wind— James  M.  Sullivan. 
Thirteenth  WanI— Henry  Alt. 
Fourteenth  Ward — Geo.  H.  Drueggemann. 
Fifteenth   Ward — Andrew   McAllister. 
Sl.xteenth  Ward — Horace  Fox. 
Seventeenth   Ward — Kugene  C.  Slevln. 
Eighteenth   Ward— J.   C.   KIchardson. 
Nineteenth  Ward — John  H.  Terry. 


Twentieth   Ward— Richard  Walsh,  speak- 
er.  1XS4-1SS.'). 
Twenty-first  Ward— J.  C.  Drockmeler. 
Twenty-second  Ward — John  W.  Dunn. 
Twenty-third   Ward — Nicholas  Gates. 
Twenlyfourlh  Ward — I'atrIcK  J.  Kagan. 
Twenty-llfth  Ward — Ferdinand  Kaiser. 
Twenty-sixth   Ward — Wni.  Gartenhach. 
Twenty-seventh  Ward — Geo.  J.  Davis. 
Twenty-eighth   Ward— Thos.  J.  Cornelius. 


1885-1889.— DAVID  n.  FRANCIS.  Mayor. 


COUNCIL— 1883-1887. 


GEORGE  W.  ALLEN,  President. 


James  K.  Cunimlngs,  Edward  Devoy,  Wni.  F.  Haines,  Wm.  H.  Stone,  A.  W.  Straub, 
Joseph  Temple.  T.  P.  Hell.  Walter  J.  BlaKely.  James  Duress,  August  Frank, 
Patrick  O'.Malley,  James  A.  Seddon,  George  W.  Allen. 


HOUSE  OF  DELEGATE.S— 18S3-1SST. 


First  Ward — Peter  R.  Morrlssey. 
Second    Ward — Patrick    Monahan. 
Third    Ward— John    Vogel. 
Fourth  Waid — Charles  D.  Keenan. 
Fifth   Ward— George  Wenzlick. 
Sixth   Ward — Charles  Schoenbeck. 
Seventh  Ward — Christopher  Fischer. 
Eighth  Ward— Peter  Gundlach. 
Ninth  Ward — Joseph  G.  Marriott. 
Tenth   Ward— John   Waters. 
Eleventh  Ward — Louis  Kohlbry. 
Twelfth  Ward— James  M.  Sullivan. 
Thirteenth    Ward — Hk.nkv    Ar.r.    speaker. 
Fourteenth  Ward — Geo.  H.  Brueggemaun. 


Fifteenth  Ward — Edward  P.  Fox,  speaker. 
Sixteenth  Ward — Julius  Lehman. 
Seventeenth  Ward — J.  J.  Coakley.  Jr. 
Eighteenth  Ward — Monroe  R.  Collins,  Jr. 
Nineteenth  Ward — William  Hammersleln. 
Twentieth  Ward  — P.  H.  O'Neill. 
Twenty-llrsl  Ward — J.  C.  Urockmeier. 
Twenty-second    Ward — John    R.    Rolfes. 
Twenty-third    Ward — Ernest    Oberbach. 
Twenty-fourth  Ward— H.  A.  Pishon. 
Twenty-fifth  Ward— John  Wuebold. 
Twenty-sixth  Ward— William  Gartenbach. 
Twenty-seventh   Ward — Thomas  G.    Kaye. 
Twenty-eighth  Ward— E.  F.  Stone. 


COUNCIL— 1887-1S89. 

B.  Bell,  W.  J.  Blakely,  Nelson  Cole,  Chas.  D.  Comfort,  James  Duress,  August 
Frank,  John  J.  Ganahl,  L.  S.  Metcalf.  N.  O.  Nelson.  Patrick  OMalley.  Phil.  Rohan. 
John  Vogel. 


HOUSE  OF  DELEGATES- lSS7-l<iS9. 


First    Ward — J.vs.    B.\NNf:KM.\x,    spenkpr 
Second  Ward — Patrick  Monahao- 
Third   Ward — James  A.  Gulon. 
Fourth   Ward — Charles  Nolan. 
Fifth  Ward— Charles  P.  WIenel. 
Sixth  Ward— Peter  Gundlach. 
Seventh  Ward — Frank  O.  Cossman. 
Eighth    Ward— Charles    D.    Keenan,    Pat 

rick  Brennan. 
Ninth  Ward — George  Welsenberger. 
Tenth  Ward — Thomas  J.  Lyman. 
Eleventh  Ward — Ernest  Kutschman. 
Twelfth    Ward — August    B.    Mllgeman. 
Thirteenth  Ward — Joseph  Murphy. 
Fourteenth  Ward — James  M.  Sullivan. 


Fifteenth  Ward— Louis  Spelbrlnk. 
.Sixteenth  Ward — Thomas  Wand. 
Seventeenth    Ward — John    F.   Waters. 
Eighteenth   Ward — Julius  Lehman. 
Nineteenth   Ward— John  Clark. 
Twentieth  Ward — John   E.  .Mohan. 
Twenty-first    Ward — DIedrlch    Nnrdcn. 
Twenly-serond  Ward — Samuel  Mays. 
Twenty-third    Ward — Henry   Alt. 
Twenlyfourlh    Ward — John    H.    Poli'nian. 
Twcniy-nfih   Ward — Malhew   Ryan 
Twenty-sixth  Ward— Conrad  Huber. 
Twenty-seventh    Ward — William    Garten- 
bach. 
Twenty-eighth  Ward — E.  F.  Stono. 


XVI 


MAYORS,    COUNCILMEN    AND    DELEGATES. 

1889-1893.— EDWARD  A.  NOONAN.  Mayor. 


COUNCIl 


-1889-1891. 


CYRUS   P.   WALBRIDGE,   President. 

John  C.  Bensick,  Nelson  Cole,  C.  D.  Comfort,  John  J.  Ganahl,  Andrew  Hoolan,  Wm. 
M.  Horton,  E.  F.  \V.  Meier,  L,  S.  Metcalf,  N.  O.  Nelson,  Phil.  Rohan,  John  A. 
Sloan,  John  Vogel,  C.  P.  Walbridge. 


HOUSE   OF  DELEGATES — 1SS9-1S91. 


First  Ward— W.  H.  Ryan. 
Second   Ward — Patrick   Monahan. 
Third  Ward — Samuel  F.  Myerson. 
Fourth  Ward — Geo.  Grassmuck. 
Fifth  Ward— Chas,  P.  Wienel. 
Sixth  Ward — Chas.  W.  Alsmeyer. 
Seventh  Ward — Frank  G.  Grossman. 
Eighth  Ward — Patrick  Brennan. 
Ninth  Ward — John  J.  Bogard. 
Tenth  Ward— Thos.  J.  Lynam. 
Eleventh  Ward — Henry  O.   Siegmund. 
Twelfth   Ward— Aug.   B.   Hilgeman,  John 

H.  Dieckman,  1S90-1S91. 
Thirteenth  Ward — John  Beckert,  Jr. 
Fourteenth  Ward — Thomas  H.  Quinn. 


Fifteenth  Ward — Louis  Spelbrink. 
Sixteenth  vv'ard — Frank  E.  Allenberg. 
Seventeenth  Ward — James  P.  Eagan. 
Eighteenth  Ward — Julius  Lehman. 
Nineteenth  Ward — Louis  Kramer. 
Twentieth  Ward — John  E.  Mohan. 
Twenty-first  Ward— L.  W.  Blanke 
Twenty-second  Ward — John  Shelley. 
Twenty-third  Ward — Hexry  Alt,  speaker. 
Twenty-fourth  Ward— Thos.  J.  Ward. 
Twenty-nfth  Ward— Patrick   H.   Clark. 
Twenty-sixth  Ward — Conrad  Huber. 
Twenty-seventh  Ward — Chas.  Sievers. 
Twenty-eighth  Ward — E.  F.  Stone. 


COUNCIL— 1891-1 893. 

W.  T.  Anderson,  Albert  Arnstein,  John  C.  Bensick,  Nelson  Cole,  William  Cullinane, 
M.  M.  Flesh,  Andrew  Hoolan,  Wm.  M.  Horton,  Charles  James,  E.  F.  W.  Meier, 
John  A.  Sloan,  Charles  E.  Wehner,  C.  P.  Walbridge. 


HOUSE   OF   DELEGATES — 1891-18 


First  Ward — Jas.  H.  Cronin. 
Second  Ward — Jas.  E.  Hagerty. 
Third  Ward— Edward  P.  Grimley. 
Fourth  Ward — James  A.  Dacey. 
Pifth  Ward — Joseph  Rauer. 
Sixth  Ward — Chas.  Schoenbeck. 
Seventh  Ward— F.  G.  Uthoff. 
Eighth  Ward— P.  Mullarky. 
Ninth  Ward — John  J.  Bogard. 
Tenth  Ward — Thomas  Cosgrove. 
Eleventh  Ward — Henry  0.  Siegmund. 
Twelfth   Ward — Louis   C.   Diekman. 
Thirteenth  Ward — Peter  O'Brien. 
Fourteenth  Ward — Wm.  H.  O'Brien. 
Fifteenth    Ward — Louis   Spelbrink. 


Sixteenth    Ward — Edward    J.    McGroarty. 
Seventeenth   Ward — James   P.   Eagan. 
Eighteenth  Ward — Julius  Lehman. 
Nineteenth  Ward — Thos.   Kinnavey. 
Twentieth    Ward — James    H.    Townsend. 
Twenty-first  Ward — S.  P.  Keyes. 
Twenty-second  Ward — John   Courtney. 
Twenty-third  Ward — Henry  Alt. 
Twenty-fourth    Ward— Tho.mas    J.    Wabd, 

speaker. 
Twenty-fifth  AVard— Patrick  H.  Clark. 
Twenty-sixth  Ward — Conrad  Huhn. 
Twenty-seventh   Ward — Thos.   G.   Kaye. 
Twenty-eighth  Ward — Thos.  J.  Bradshaw. 


1893-1897.— CYRUS  P.  WALBRIDGE,   Mayor. 


COUNCIL — 1893-1895. 


CHARLES  NAGEL,  President. 

Wm.  T.  Anderson,  Albert  Arnstein,  Patrick  H.  Blanke,  Wm.  Cullinane,  Franklin 
Ferriss,  M.  M.  Flesh,  Paulus  Gast,  Charles  James,  Sylvester  P.  Keyes,  Max 
Kotany,  Alfred  Vallat,  Chas.  E.  Wehner,  Charles  Nagel, 


MAYORS.    COUNCILMEN    AND    DELEGATES. 


\  \'  1  I 


HOUSE  OF  DELEGATES— 1893-1895. 


Flret  Ward— Jas.  H.  Croiilu. 
Second  Ward — Jas.  E.  Hagerty. 
Third  Ward— E.  P.  Griiuley. 
Fourth  Ward— J.  A.  Dacey. 
Fifth   Ward — Henry   IJruck,  succeeding. 
Si.xih  Ward — C.  W.  Alsnieyer. 
Seventh   Ward— J.  H.   Beiker. 
Eighth  Ward— W.  C.  Edwards. 
Ninth  Ward— J.  H.  Welkendr. 
Tenth   Ward — Henry   Henuing. 
Eleventh  Ward — Charles  Krat". 
Twelfth   Ward— H.   E.   Regenhardt. 
Thirteenth   Ward — J.   M.   Murphy. 
Fourteenth  Ward— W.  H.  OUrien. 
Fifteenth   Ward — Casper  ICralemaD. 


Sl-xteenth   Ward— T.  E.  Albright. 
Seventeenth  Ward — W.  C.  Marten. 
Eighteenth    Ward- Theo.   II.    Whllohill. 
Nineteenth  Ward — Thos.  Klnnavoy. 
Twentieth  Ward — J.  H.  Tow.nbe.mi.  speak- 
er. 
Twenty-first  Ward— J.  F.  Tauhold. 
Twenty-second  Ward — C.  H.  Stone. 
Twenty-third    Ward- Henry   Alt, 
Twentyfourih   Ward — D.   J.   Sullivan. 
Twenty-tifth  Ward— M.  J.  Ryan. 
Twenty  sixth  Ward— W.  C.  Kelly. 
Twenty-seventh  Ward — M.  J.  Casey. 
Twenty-eighth  Ward— E.  S.  Hike. 


COUNCIL— 1S95-1S97. 

CHAS.    NAGEL,    President. 

John  G.  Brlnkmeyer,  P.  H.  Clarke.  Franklin  Ferrlss,  Pnulus  Oast,  Oliver  L.  Hagan, 
Geo.  P.  Heckel,  Wni.  M.  Horton,  Halsey  C.  Ives,  Sylvester  P.  Keyes,  Max  Kotany, 
Fred  G.  Uthoff.  Alfred  Vallat.  Charles  Nagel. 


HOUSE  OF  DELEG.ATES — 1S95-1R9T 


First   Ward— Jas.   H.   Cronln. 
Second  Ward— W.  H.  Judy. 
Third  Ward- C.  S.  Stewart. 
Fourth  Ward — Geo.  Grassmuck. 
Fifth   Ward— Gottlieb  Wlttler. 
Slxth  Ward — Otto  Schumacher. 
Seventh   Ward — Jno.  H.  Becker. 
Eighth  Ward — Edmund  Bersch. 
Ninth   Ward— Henry  Scherf. 
Tenth  Ward— F.  H.  Krletenieyer. 
Eleventh  Ward — Edgar  A.  Mephara. 
Twelfth   Ward — Lori.s   C.    Dikkm.vnv. 
Thirteenth  Ward — Jno.  P.  Marshall. 
Fourteenth   Ward — Jno.  J.   Burke. 
Fifteenth  Ward— Geo.  Slppel. 


Sixteenth  Ward — Louis  E.   Dehlendorf. 
Seventeenth    Ward — Hiram    Lloyd. 
Eighteenth    Ward — Julius    Lehman. 
Nineteenth   Ward — Jno.   K.   Murrell. 
Twentieth    Ward — Wm.    H.    Rliter. 
Twenty-First   Ward— Jno.   F.  Tauhold. 
Twenty-second    Ward — Frank    C.    Pauley. 
Twenty-Third   Ward— Jno.   H.   Dehrodt. 
Twenty-Fourth    Ward — D.    J.    Sullivan. 
Twenty-Fifth    Ward— C.    W.    Watson. 
Twenty-Sixth   Ward— W.m.   C.   Kkli.v. 
Twenty-Seventh    Ward— Wm.    G.    Buech- 

ner. 
Twenty-Eighth    Ward— Harmon    M.    Wil- 

CO.X. 


18971901.— HENRY  ZIEGENHEIN.  Mayor. 


COUNCIl 


-IS97-1S99. 


E.  F.  W.  MEIER.  President. 

John  G.  Brlnkmeyer.  Charles  E.  Carroll,  Henry  Gaus.  Paulus  Gast.  Oliver  L.  Hagan. 
Geo.  P.  Heckel,  Wm.  M.  Horton.  Hal.sey  C.  Ives.  Charles  Kratz.  Chas.  H.  Thuner. 
Fred  G.  Uthoff.  Charles  E.  F.  W.  Meier. 


HOUSE  OF  DELEGATES— IS97-JS99. 


First   Ward— Jos.  L.  Sohuler. 
Second   Ward— W.   H.  Judy. 
Thinl  Ward— Henry  Wander. 
Fourth   Ward — Jno.   P.   Sweeney. 
Fifth  War.l— Adolph  Madera. 
Sixth  Ward — Otto  Schumacher. 
Seventh  Ward— Julius  P.  HIrth. 
Eighth  Ward — Edmund  Berscb. 


Ninth  Ward — Emile  Hnrtmnnn. 
Tenth  Ward — Henry  Honnlng. 
Eleventh  Ward— Chas    A    Gutke. 
Twelfth   Ward— John   Helms. 
Thirteenth   Ward— Louis   Decker. 
Fourti-enth  Ward — Jno.  J.   Burke. 
Fifteenth  Ward— Jno.  A.  KInK. 
Sixteenth  Ward— H.  L.  Wceke.  Jr. 


XVIII 


MAYORS.    COUNCILMEN    AND    DELEGATES. 


HOUSE  OF  DELEGATES— 1S97-1899— Continued. 


Seventeenth  Ward — Hir.\m  Llovd. 
Eighteenth   Ward — Julius    Lehman. 
Nineteenth   Ward — Jno.   J.   Willmore. 
Twentieth  Ward— Wni.  H.  Ritter. 
Twenty-first   Ward— Edward   E.   Murrell. 
Twenty-Second  Ward — Frank  C.  Pauley. 
Twenty-Third  Ward— Jno.  H.  Debrodt. 


Twenty-Fourth  Ward— Geo.  D.  Schaefer. 

Twenty-Fifth  Ward— C.  W.  Watson. 

Twenty-Si.xth  Ward — Geo.  F.  Robertson. 

Twenty-Seventh  Ward — Henry  B.  Witten- 
berg. 

Twenty-Eighth  Ward— Harry  II.  Coud- 
rey. 


COUNCIL — 1899-1901. 


E.  F.  W.  MEIER,  President. 


Chas.  E.  Carroll.  Paulus  Gast.  Henry  Gaus,  Jr.,  W.  R.  Hodges,  Aug.  Hoffman,  Win. 
M.  Horton,  Vice-Pres.,  Chas.  Kratz,  Eniil  A.  Meysenburg.  Eben  Richards,  Louia 
Schnell,  Chas.  H.  Thuner,  Charles  Wiggins,  E.  F.  W.  Meier. 


HOUSE   OF  DELEGATES— 1S99-19IU. 


First  Ward — Edmund  Bersch. 
Second  Ward — Otto  Schumacher. 
Third  Ward — John  P.  Sweeney. 
Fourth  Ward — John  A.  Sheridan. 
Fifth  Ward — James  H.  Cronin. 
Sixth  Ward— Chas.  J.  Denny. 
Seventh  Ward — Adolph  Madera. 
Eighth  Ward — John  Schnettier. 
Ninth  Ward — Emile  Hartmann. 
Tenth  Ward — Chas.  Gutke. 
Eleventh   Ward — Louis   Decker. 
Twelfth  Ward— Fred  G.  Zachritz. 
Thirteenth  Ward — Ed.  E.  Murrell. 
Fourteenth  Ward — John  K.  Murrell. 


Fifteenth  Ward — John  A.  King. 
Sixteenth  Ward — John  J.  Burke. 
Seventeenth  Ward— T.  E.  Albright. 
Eighteenth  Ward — John   Helms. 
Nineteenth  Ward — Julius  Lehmann. 
Twentieth  Ward— Charles  F.  Kelly. 
Twenty-First  Ward — J.  J.   Hannigan. 
Twenty-Second  Ward — Wir.  M.  T.miblyn. 
Twenty-Third  Ward — H.  A.  Faulkner. 
Twenty-Fourth  Ward — Lemon   Parker. 
Tw-enty-Fifth  Ward — George  Lopez. 
Twenty-Sixth   Ward — Geo.   F.   Robertson. 
Twenty-Seventh  Ward — Lafe  Sturdevant. 
Twenty-Eighth  Ward— C.  W.  Holtcamp. 


1901-1905.— ROLLA  WELLS,  Mayor. 


COUNCID— 1901-1903. 


JOSEPH   L.   HORNSBY,   President. 

Joseph  Boyce,  Chas.  E.  Gibson,  W.  R.  Hodges.  August  Hoffman,  Wm.  H.  Horton, 
George  D.  Markham,  Emil  A.  Meysenburg.  James  P.  Newell.  El)en  Richards, 
Louis  Schnell,  Jeremiah  Sheehan,  Joseph   Spiegelhalter,  Jr.,  Joseph  L.  Hornsby. 


HOUSE   OF   DELEG.\TES — 1901-1903. 


First  Ward— G.  H.  Oberbeck. 
Second  Ward — Frank  M.  Stanze. 
Third  Ward — John  P.   Sweeney. 
Fourth  Ward — Thomas  E.  Kinney. 
Fifth  Ward — James  H.  Cronin. 
Sixth  Ward— Chas.  J.  Denny. 
Seventh  Ward— Henry  Pfeffle. 
Eighth  Ward— Charles  Troll. 
Ninth   Ward — Oliver  J.  Funsch. 
Tenth   Ward— Otto  F.   Karbe. 
Eleventh   Ward — Edw.   Koeln. 
Twelfth  Ward— Fred  G.  Zachritz. 
Thirteenth  Ward— E.  E.  Murrell. 
Fourteenth   Ward — Jno.   B.   Williams, 
Fifteenth  Ward — Andrew  Gazzolo,  Jr. 


Sixteenth  Ward — John  J.  Burke. 
Seventeenth  Ward — J.  J.  Howard. 
Eighteenth  Ward — John  H.  Klute. 
Nineteenth  Ward — Sam.  B.  Stannard. 
Twentieth  Ward— Chas.  F.  Kelly. 
Twenty-First  Ward — J.  J.  Hannigan. 
Twenty-Second  Ward — Jno.  R.  Foutana. 
Twenty-third  Ward — Henry   A.   Faulkner. 
Twenty-Fourth  Ward— Thos.  J.  Buckley. 
Twenty-Fifth  Ward— C.  A.  Windmuller. 
Twenty-Sixth  Ward — James  T.  Brennan. 
Twenty-Seventh     Ward— Chas.     L.     Ger- 

aghty. 
Twenty-Eighth  Ward— Paul  .C.  Reiss. 


MAYORS,    COUNCILMEN    AND    DELEGATES. 
COUNCIL,— 1903-1905. 


XIX 


JOSEPH  L.  HORNSBY,  President. 

Joseph  Boyce,  H.  N.  Davis,  W.  A.  Gardner.  Charles  E.  Glhson,  B.  J.  Lawlor,  George  D. 
Markham,  Heine  Marks,  1.  W.  Morton,  .lames  P.  Nowell,  Henry  G.  Rolfes, 
Jeremiah  Sheehan,  Joseph  Spiegelhalter,  Jr.,  Joseph  L.  llornsby. 


HOUSE  OF  DELEC..\TES— 1903-1905. 


JOHN  H.  FONTANA.  Speaker. 


First  Ward— Walter  D.  Griffin. 
Second  Ward— Charles  Witthoefft. 
Third  Ward— Timothy  McAuliffe. 
Fourth  Ward — Thomas  E.  Kinney. 
Fifth  Ward — Isaac  Conran. 
Sixth  Ward — W.  C.  Zinimermann. 
Seventh  Ward — George  Rott. 
Eighth  Ward— E.  M.  Block. 
Ninth  Ward— Thomas  S.  Stoops. 
Tenth  Ward— Wm.  H.  Hughes. 
Eleventh  Ward— Edw.  J.  O'Neill, 
Twelfth  Ward — A.  J.  Hammerstein. 
Thirteenth  Ward — Fred  Wiednier. 
Fourteenth   Ward — John    B.   Williams. 
Fifteenth  Ward — Andrew   Gazzolo,  Jr. 


Sixteenth  Ward — Timothy  Moloney. 
Seventeenth  Ward — H.  L.  Weeke,  Jr. 
Eighteenth  Ward — Wni.  A.  Block. 
Nineteentli  Ward — George  R.  Norp. 
Twentieth  Ward— John  J.  O'Brien. 
Twenty-First  Ward — Daniel  F.  Meehan. 
Twenty-Second  Ward — John  R.  Fontana. 
Twenty-Third   Ward — John   R.   McCarthy. 
Twenty-Fourth  Ward — J.  G.  Teschmacher. 
Twenty-Fifth  Ward— Lee  W.  Hagerman. 
Twenty-Sixth  Ward — James  T.  Brennan. 
Twenty-Seventh  Ward — Walter  W.   Birge. 
Twenty-Eighth    Ward — Edgar   C.    Lack- 
land. 


1905-1909.— ROLLA  WELLS,   Mayor. 


COUNCIL— 1905-1907 


HAMILTON  A.   FORMAN,  President. 

F.  Ernest  Cramer,  H.  N.  Davis,  Mark  Ewing.  W.  A.  Gardner,  George  C.  Hitchcock, 
B.  J.  Lawlor.  Julius  Lesser.  George  C.  Linde,  Heine  Marks,  W.  A.  Moellman, 
Henry  G.  Rolfes.  Albert  R.  Thomson,  Hamilton  A.  Forman. 


HOUSE  OF  DELEGATES— 1905-1907. 


JOHN'  J.  O'BRIEN,  Speaker. 


First  Ward — Fred  W.  Priesmeyer. 
Second  Ward— Chas.  H.  Withoefft. 
Third  Ward — D.   F.   Heffernan. 
Fourth   Ward — John   Golden. 
Fifth   Ward — Isaac  Conran. 
Sixth  Ward — W.  C.  Zinimermann. 
Seventh  Ward— Peter  Schuck. 
Eighth  Ward— William  Kaiser. 
Ninth   Ward— George   Otto. 
Tenth   Ward— Frank   N.  Simmons. 
Eleventh   Ward— William   A.   Metzler. 
Twelfth   Ward— George  T.   Kollas. 
Thirteenth  Ward — Fre<l  Wiedmer. 
Fourteenth  Ward — John  B.  Williams. 


Fifteenth   Ward — .\ndrew   Gazzolo,   Jr. 
Sixteenth  Ward — Timothy  Moloney. 
Seventeenth  Ward — H.  L.  Weeke. 
Eighteenth  Ward — Herman  Gevers. 
Nineteenth   Ward — A.   B.   Stannard. 
Twentieth   Ward — John  J.  O'Hiiikn. 
Twenty-First  Ward— Daniel  F.  Meehan. 
Twenty-Second  Ward— Frank   Hussey. 
Twenty-Third  Ward — Emmett  P.  Bentley. 
Twenty  Fourth    Ward— R.   C.   H.   Hallock. 
Twenty-Fifth  Ward — James  F.  Connell. 
Twenty-Sixth  Ward— James  J.  Nash. 
Twenty-Seventh  Ward- Edgar  R.  Smythe. 
Twenty-Eighth  Ward— Ralpn  W.  Coala 


XX 


DIRECTORY  PRESENT   ASSEMBLY. 


DIRECTORY  OF  MUNICIPAL  ASSEMBLY  190M909. 

COUNCIL-OFFICERS. 

HAMILTON  A.  FORMAN,  President.  GEORGE  F.  MOCKLER,  Secretary. 

JULIUS  LESSER,  Vice-President.  TAYLOR  STITH,  Assistant  Secretary. 

RICHARD  M.  WRAY,  Sergeant-at-Arms. 


Bell 
Telephone. 

NAME. 

OFFICE. 

RESIDENCE.            ' 

I 

Kinloch 
Telephone. 

Sidney  141 

F.  Ernest  Cramer  .  .  .  . 

Lemp     and    Shenandoah 
Avenues 

Southern  Hotel    

Olive   2  000 

Victor 

372 

Main  5480   .  .. 

Frank    P.    Crunden.. 

2nd  and  Gratiot  Street.  . 

4426  Westminster 

Forest     2295 

Central 

220 

Main  3121    .  .  . 

Mark    Ewing    

Room    511,      Commercial 
Building    

3517    Pine   Street    

Linden     1616 

Central 

234» 

Main    4283    .  .. 

A.    J.    Fitzsimmons.  . 

Carleton    Building    

2859    St.    Vincent    Ave.. 
Grand  967 

Central 

2329 

Tyler   366 

Wm.  H.   Hauschulte. 

2407  N.  Broadway 

1109%    Penrose    Street 
Tyler    2694 

Central 

4180L 

Bomont    208.. 

.\lbert  B.   Lambert.  . 

2101  Locust  Street 

2    Hortense    Place 

Forest    1170 

Main  1805    .  .. 

Julius    Lesser    

112  S.  Main  Street 

4615    Lindeii    Blvd 

Forest     2388 

Main   826    

Geo.    C.    Llnde 

S20    N.     Broadway 

2924A   Palm    Street 

Tyler    247 

Central 

2137 

Main  2630   .  .. 

W.    A.    Moellman.  . .  . 

812   N.    4th  Street 

2355    Louisiana    Ave.... 

Central 

2386 

Grand    2265 

Mam    6400     .. 

Saunders  Norvell 

4th  and  "Washington  Av 

5337    Cabanne    Avenue.  . 
Forest    3268 

Central 

3240 

Tyler  394 

John    J.    O'Brien.  . .  . 

11th  and  Mullanphy  Sts. 

5229    Maple   Avenue 

Forest  291 

Central 

332 

Albert  R.  Thomson. . 

616   Fullerton   Building.. 

2226    Sullivan   Avenue.  .. 
Central   8739L 

Central 

5274 

Main   2144    .  .  . 

Hamilton  A.  Forman 

7th  and  Locust  Streets.. 

Grand    Avenue    Hotel... 
Linden  17 

Central 

6562 

HOUSE  OF  DELEGATES-OFFICERS. 

ISAAC  CONRAN,  Speaker.  DANIEL  E.  NAUGHTON,  Assistant  Clerk. 

JAMES  T.  BRENNAN,  Speaker  Pro  Tern.      WM.  P.  BRADY,  Sergeant-at-Arms. 
THOMAS  J.  LEONARD,  Clerk.  DANIEL  A.  CORBETT,  Page. 


Ward 


Bell 
Telephone. 


RESIDENCE- 


OFFICE. 


Kinloch 
Telephone. 


13 
14 
15 

161 
17 
181 
19 
20 


Sidney  15S6L. 
South  463. .  I 
Sidney  2668  1 
South    221    . . 

Bomont  381. 
Grand  2705   . 


Tyler 
Tyler 

2952. . j 
2950L      ( 

Main 

4442    . . . 

Olive 
Main 

1532  .  .. 
4784      .. 

Main    2971 


F.  W.  Priesmeyer 
Ferd.  TV'arner  .  . .  . 
James  Gallagher   . 

John    Golden    

Isaac  Conran 

Alexander  Bourg  . 
Charles  Sachse  .  . . 

Charles  Troll 

Joseph   Schell    .  . .  . 


Frank  N.  Simmons. 

Edwin  J.  Paule 

George  T.  Kollas... 


Fred  Wiedmer  .  . 
Mathew  J.  Tobin 
Fred  W.  Tirre.  . .  . 


Tyler  946  .  . . 
Tyler  861  . . . 
Main  1851. . . 
Tyler  785 

Bomont    261. 

Lfndell  4644.. 
Grand  2  01.  > 
Grand  364.  i 
.Main  3777.  j 
Sidney  2302  R  i 
.Main  2767.  1 
Lindell  44S.   j 


Wm.  J.  Brennan. 
Frank  Weeke  .  . . 
Herman  Gevers  .  . 
S.  B.  Stannard  .  . 
John  J.  O'Brien.  . 


tVm.  H.  Langdale 


Dllve  711.  . 
Main  2388 


Frank  Hussey  .  . .  . 
John  P.  Wollett.  .. 
Herman  W.  Fay  . . 

James  F.  Connell  . 
Jas.  T.  Brennan.  . 
V'incent  McSiiane. 
Dwight  F.   Davis.  . 


605  Talcott  Avenue.  .  5200    McKlssock  Ave 


3607  N.  9th  Street.  . 
1401  X.lOth  Street. 
815  N.  9th  Street. . . 
820  Walnut  Street. 
03  S.  2nd  Street.  . . 
13  01  S.  Broadway.  . 
1820  Menard  Street. 
51    S.    7th    Street. 

3636a    S.  Jefferson  Av 
402    W.     Schlrmer. 
2131    Russell    Avenue 


2618  Eads  Avenue  .  .  .  . 
2348  -Adams  Street. 
1510    Franklin    Ave. 

1910  N.    14th   Street-. 

2221  Benton    Street. 

621  N.    14th   Street. 

4210  N.    Grand    Ave. 

1521  X.  Jefferson    Av 

nil    N.   Corapton  Av. 

3516     Lawton     Ave.. 

3903a   Folsora   Ave  .    . 

3904  Hartford     Street 

3972  Morgan  Street. 
4041  Easton  Avenue 
5142  Welts  Avenue. 
38  Westmoreland  PI/- 


23  N.  Broadway. . 
17  N.  Broadway. . 
5    X.    9th    Street.. 

3  Walnut  Street.. 
1  S.  2nd  Street.  .. 
01  S.  Broadway.. 
20  Menard  Street 
81  S.  7th  Street.. 
Foot    of    Osceola 

and    Texas. 

04  Ivory     


N.    10th   Street. 

214  Chamber  of  Com 
2216  Clark  Avenue. 
1510  Franklin  Ave. 
Military  Hall.  2400 
>J.     12th     Street.. 

308    Cass    Avenue. 

621  N.  14th  Street 
3rd  and  Pine  Sts.  . 
2625    Cass    Avenue. 


2315    Olive    Street. 

3516  Lawton  Ave  .   . 
Am.    Tobacco    Co.. 


222    Walnut    Street. 


Waters-Pierce  on    Co 

4041    Easton    Avenue 

315-316    Fullertonbld 

19    N.     4th    Street.. 


Central    96B7I. 
Cen.    4071 
Cen.    9556L 


Central    98001. 
Central    2201L 


Victor    460 


Victor  907 
f  Cen.  4670 
I  Cen.  888 
j  Cen.  6101 
I   Victor  540L 

Cen.  3192R 

Cen.  4296 
j  Cen.  2550 
)  Cen,  1543 

Cen.  6964 

Cen.  6944 


Cen.  6256 
Cen.  956SR 
Cen.  6829 
Cen.  6481 


Cen.  545 
Delmar  2641 
Cen.  4523 


BOARDS  OF  PUBLIC  IMPROVEMENTS.  XXI 

BOARD  OF  PUBLIC  IMPROVEMENTS. 


1877-1879. 

HENRY    FLAD President. 

JOHN    W.    TURNER Street    ConimlssloQer. 

TMOS.  ,1.  WHIT.MAN Water  Commissioner. 

ROBERT   .MOORE Sewer   Commissioner. 

•CHARLES  ^PFEn^^FER    |  Harbor  and  Wliarf  CommloSioner. 

EUGENE  WEIGEL.  . . .' Park  Commissioner. 

Emoky  S.  Fo.stku,  Secretary. 


tReslgncil  July    10.   1S7S.  'CJualillod  July   11.  LSVS. 


1879-1883. 


HENRY   FLAD •. President. 

JOHN   \V.  TURNER Street   Commissioner. 

THOS.  J.  WHITMAN Water  Commissioner. 

tROBERT  .MOORE.  )  o  /-.  •     . 

•WM    WISE  i   Sewer  Commissioner. 

iCHARLES  PFEIFFER Harbor   and    Wharf   Commissioner, 

EUGENE    WEIGEL Park    Commissioner. 

Ejiory  8.  Foster.  Secretary. 


tReslsned  .A.pril   30.  ISSl.  •QunllHcd  May   3.   issi.  JDIed  Feb,   17,   1.S.S3. 


1883-1887. 


HENRY    FLAD President 

JOHN   W.   TURNER Street   Conunisslouer. 

THOS,  J,   WHIT.MAN Water  Commissioner, 

ROBERT    E.    Mc.MATH Sewer    Commissioner. 

JOHN  .\LT Harbor  and  Wharf  Commissioner 

KIT.RXK    WEIGEL Park    Commissioner. 

E.MoitY  S.  FosTEK,  Secretary. 


.  President. 


1887-1891. 
•HENRY  FLAP. 

tGEORGE  BURNET,  i  

tJOHN   W,  TUHNKK.   . 

GEORGE  BUItNET.     I  , Street  Commissioner. 

M.  J.   MUKl'MV.  ) 

M.    L,    HOLMAN Water    Commissioner. 

ROBERT  E.  .McMATH Sewer  Commls-sloner. 

••M,  J,  MURPHY.  )  ,,     ,  ,   ,..,      ,  ^ 

I DW   -vni  F  Harbor  and   W  harf  Commissioner, 

'  RICHARD    KLEMM Park    Commissioner. 

E.MUKY  S.  FoBTKK,  Secretary, 


•I{.sl(tn.-d  Mny  7,  1S90  •Quallflod  .<?optPmbcr  14.   1890, 

tyualltii'd  May  24.  1890.  T T!.->!il(rnod  SopK-mbpr  24.  1890. 

ilt.sl(cn.-d  October  23,  1888.  ;i«<l  Soptcmbcr  24.  1890. 
iQuallflcd  October  24.  1S88.  and  rcslgmcd  May  23.  1890 


XXII  BOAEDS  OF  PUBLIC  IMPROVEMENTS. 

1891-1895. 

♦GEORGE  BURNET,        i  d      i^     , 

tROBERT  E.  McMATH,  ( iTesiaent. 

M.  J.  MURPHY Street  Commissioner. 

M.  L.  HOLMAN Water  Commissioner 

R.  R.   SOUTHARD Sewer  Commissioner. 

DAN  ABLE Harbor  and  Wharf  Commissioner. 

JOHN  P.  FECHTER Parlv  Commissioner. 

Emory  S.  Foster,  Secretary. 


•Term  expired  April   IS,   1893.  tQualified  April    19.   1893. 


1895-1899. 


ROBERT   E.    MrMATH President. 

A.  N.   MILNER Street  Commissioner. 

M.   L.   HOLMAN Water  Commissioner. 

B.  H.   COLBY Sewer  Commissioner. 

C.  H.  STONE Harl50r  and  Wliarf  Commissioner. 

F.    L.   RIDGLEY Parli  Commissioner. 

Emory  S.  Foster,  Secretary. 


1S99-1903. 


•ROBERT  E.  McMATH,  1  President 

tHIRAM  PHILLIPS.         / Piesident. 

CHARLES    VARRELMANN Street    Commissioner. 

EDWARD  FLAD Water  Commissioner 

E.  A.   HERMANN Sewer   Commissioner. 

^.ro^S^Eral-^  WHy'teV  }  ""'•""•  =^"'1  ^^''^"'•f  Commissioner. 

F.  L.   RIDGLEY Parlv   Commissioner. 

EMORY    S.   F0.STER,   I      ^^^g^ 

Waller  Edwards,  J 


•Term  expired  April.  1901.  §Resigned  April.  1901. 

tQualified  April.  1901.  for  term  ending  April.  190.'..  HQualllied  April.  1901. 

JDied  in  office;  Jcseph  P.  Whyte  appointed  as  successor. 


1903-1907. 


-HIRAM  PHILLIPS.  ,  President. 

tA.  J.  O'REILLY, 

tCHARLES  VARRELMANN,  1  gt^.^gj  Commissioner. 

U FRANK  F.  VALLIANT,  /    

pEN  C.  ADKINS Water  Commissioner. 

§FRANK  W.  VALLIANT,  |  .  .Sewer  Commissioner. 

IIH.  R.  FARDWELL,  l'   

ROBERT  AULL Park  Commissioner. 

§  JOSEPH  P.  WHYTE Harbor  and  Yv'harf  Commissioner. 

♦  WALLER  EDWARDS,  |  Secretary. 
fW.  B.  Dryden,  / 

*Tc,-r,-,  ..-rnired    Anril    1005  §Qualified  for  term  ending  April.  1907. 

tResTgneS    t'o%tke"effectJune  1.  190.5.  /Qualified  for  term  ending  .4pril.  1909. 

IIAppointed  June  2.  190r,.  .Resigned  April  21,  1905. 

TlAppointed  May  17.   1905.   to   take   effect  June   1,    1905. 


MUNICIPAL  OFFICERS.  XXIII 

1907-1911. 

•A.  J.  OREI LLY President. 

tJAMES  r.  TKAVILLA Street  Commlsslouer. 

tBEN  C.  ADKINS Water  Commissioner. 

tH.  U.  i-'All[)\VELL Sewer  Commissioner. 

tPHlLIP  C.  SCANLAN Parli  Commissioner. 

t JOSEPH  P.  WH YTE Harbor  and  Wharf  Commissioner. 

W.  B.  Dkyhe.n.  Secretary. 


•Qualined  for  term  ending  April,  1909.  tQuallfled  for  term  ending  -Vprll.  1911. 


MUNICIPAL  OFFICERS. 

(Elected.) 

EXECUTIVE  AXU   AnMINlSTRATIVE. 

Elected  for  the  term  beginning  April,  1905.  and  ending  April,  1909. 

ROLLA  WELLS    Mayor. 

A.  .1.  O'REILLY President  Board  of  Public  Improvements. 

JAMES   Y.   PLAYER Comptroller. 

JAMES  .M.   FRANCISCUS,  Jb.  . ; Treasurer. 

BERNARD  DIERKES   Auditor. 

P.  J.   REGAN Register. 

JAMES   HAGERMAN.   Jr Collector. 

GEO.    P.    WEINBRENNER Marshal. 

OSCAR  E.  LAYTON Inspector  of  Weights  and  Measures. 

JOHN  J.  O'BRIEN President  Board  of  Assessors. 

HAMILTON  A    FORMAN President  of  the  Council. 


MUNICIPAL  OFFICERS. 

(Appointed.) 


1907  to  1911. 

DEPARTMENT  Ol'  PI'IU.IC  IMPB0VEMENT9. 

Board  of  Public  Improvements. 

A.  J.  O'REILLY President  (elected). 

J.\S.  C.  TRAVILLA Street  Commissioner. 

BEN  C.  AOKINS Water  Commissioner. 

H.   R.   F.VRDWELL Sewer   Commissioner. 

PHILIP  C.  SCANLAN Park  Commissioner. 

JOS.  P.  WIIYTE.  Harbor  and  Wharf  Commissioner. 

Walter  B.  Drydkn,  Secretary. 


J.\MES  A.  SMITH Commissioner  of  Public  Buildings. 

noATlI)  OF  APPEALS  FROM   THE  roMMIS.SIONKIt  OF  PfllLlC  nfIL»IX(:.S. 

( .Alipdiiili^d  by  Mayor.) 

HENRY  C.  HENLEY.  )  Architect. 

WM.  S.  EAMES.  I     " 

J.  L.  EVANS Master  Builder. 

THOMAS  B.  CARTER.  .  Supervisor  City  Lighting. 

EDWARD  P.  QUINN Suiwrvlsor  of  Plumbing. 

ANDREW   MEYER   .  City    Forester. 

CHAS.  H.  JONES  Smoke  Inspector. 


XXIV  MUNICIPAL  OFFICERS. 

LAW  DEPARTMENT. 

CHARLES  W.  BATES City  Counselor. 

BENJAMIN   H.   CHARLES Associate. 

CHARLES  P.  WILLIAMS Second  Associate. 

JAMES   G.   McCONKEY Assistant. 

A.   H.   ROUDEBUSH Second   Assistant. 

LEE  B.  ENGLISH Chief  Clerli. 


JUDICIAL  DEPARTMENT. 

First  District. 

DANIEL  O.  C.  TRACY Judge. 

THOMAS  L.  ANDERSON City  Attorney. 

JAMES  E.  KING Assistant  City  Attorney. 

JOHN  A.   DOWDALL Cleric. 

EDWARD  S.  PHELAN Assistant  Clerk. 

JOHN  F.  LAMB Assistant  Clerk. 


Second  District. 

WILLIAM    JEFFERSON    POLLARD Judge. 

MORTIMER  B.  LEVY Assistant  City  Attorney. 

WILLIAM  A.   CARTER Clerk. 


District  South  of  Arsenal. 

FRANK   M.    KLEIBER Judge. 

ROBERT  H.  MERRYM AN Assistant  City  Attorney. 

CHARLES   J.   COURTNEY Clerk. 


HEALTH  DEPARTMENT. 

Board  of  Health. 


ROLLA    WELLS President,    ex-officio    (elected). 

H.  WHEELER  BOND Health  Commissioner. 

HAMILTON  A.  FORM  AN President  Council    (elected). 

A.  C.  STEWART Commissioner  of  Police  (designated  by  Mayor). 

HARRY  McJOHNSON  and  JOHN  V.  BROWN,  Members. 


W.  C.  G.  KIRCHNER Superintendent  of  City  Hospital. 

HENRY  S.  ATKINS Superintendent  of  Insane  Hospital. 

OSCAR  H.  ELBRECHT Superintendent  of  Female  Hospital. 

MICHAEL  J.  DWYER Superintendent  of  Quarantine. 

THOS.  A.  BUCKLAND City  Chemist  and  Milk  Inspector. 

DOWNEY  C.   HARRIS City   Bacteriologi^. 


MUNICIPAL  OFFICERS.  XX  \' 

REVENUE    DEPARTMENT. 

JAMES  HAGEHIMAN,  Jk Collector   (elected). 

BoaVd  of  Assessors. 

JOHN  J.  O'DRIEN President   (elected). 

MICHAEL  COOKE Assessor  First  District. 

O.  H.  WYANT J Assessor  Second   District. 

A.  M.  PRICE Assessor  Third  District. 

JOHN  P.  SHINE Assessor  Fourth  District. 

JAMKS  DCROSS Assessor  Fifth   District. 

JOHN   McCAFFKRY    Assessor  Sl.\th   District 

JOHN  J.  SHEEHAN Assessor  Seventh  District. 

JOSEPH  I..  DEVOY Assessor  Eighth   District. 

ELGIN  S.  BROOKS Assessor  Ninth  Di.strict. 

WM.  J.  MOCKLER Assessor  Tenth  District. 

Board  of  Equalization. 

JOHN  J.  O'BRIEN President   (elected). 

(Members  appointed  each  year  by  the  Judges  of  the  Circuit  Court  to  serve.) 

License  Division  of  Revenue  Department. 

LOUIS  ALT License  Collector. 

Board  of  License  Revision  (1907). 
(Appointed  by  Council  annually.) 


PENAL   AND   CHAIIIT.\BI.E   INSTITUTIONS. 

Board  of  Commissioners. 

WM.  H.  McCLAIN President. 

HARVEY  L.  CHRISTY.  EDWAi^D    DEVOY, 

LEE  SALE,  GUSTAV  CRAMER, 

TAYLOR   STITH    Secretary. 


.ST.   I.Ori.S  INDUSmiAI.  SCIIIKll..  OR   IlOl  SE  OK  RKKUOE. 

Board  of  Managers. 

ROPT.  RI'TLEDGE.  N.  K.  SALMON, 

W.  CHRISTY  PRYAN,  H.  G.  CLEVELAND. 

ROLLA  WELLS Mayor,  Ex-offlclo. 

ALLEN  P.  RICHARDSON Superintendent. 

CASPER  J.  WOLF Jailer. 

JAMES  L.  DAWSON Superintendent  of  Work  House. 

WILLIAM  ANDERSON  Superintendent  of  Poor  House. 

BOABD   or    POMCF.   COMMISSIONERS. 

(Appointed  by  the  Governor.) 

A.  C.  STEWART President. 

THKODORIC  R.  BLAND Vlce-Presl.lent. 

GEO.  P.  JONES  .  .  .  .Treasurer. 


XXVI  MUNICIPAL  OFFICERS. 

BOARD  OF  POLICE  COMMISSIONERS— Continued. 

J.  W.  FRISTOE Purchasing  Agent. 

ROLLA  WELLS Mayor,  Ex-of ficio. 

HARRY  H.  HODGDON Secretary. 

EDMUND  P.  CREECY Chief  of  Police. 


STEAM    BOILERS    AND    ELEVATORS,    INSPECTION    DEP.\RTMENT. 

Board  of  Engineers. 

JAMES.  E.  ALLISON Inspector  of  Boilers  and  Elevators. 

WM.  F.  WAUL  AND  GEORGE  KINGSLAND Members. 


PUBLIC   RECREATION    COMJIISSION. 


Park  Commissioner   PHILIP  C.  SCANLAN    (ex-otficio). 

E.  J.  WILSON (Term  expires  December  31,  1908.) 

FRED  ZEIBIG "  "  "  "      1909 

E.J.RUSSELL "  "  '■  •'      1910 

J.  CLARK  STREETT "  "  "  "      1907 


BOARD  OF  COMMISSIONERS  OF  MULLANPHY  EMIGRANT  RELIEF  FUND. 

(Elected  by  the  Council.) 

JULIUS  T.  MUENCH President. 

GEO.  H.  SMALL . .    Vice-President. 

LOUIS  HILFER,  H.  W.  BALLMAN, 

THEOPHILE  PAPIN,  FERDINAND  P.  MEYER, 

VITAL   W.   GARESCHE,  GEO.  RATERMANN, 

B.    W.    FRAUENTHAL,  JOHN   F.   HINES, 

AUGUST   KLEYKAMP,  EDWARD  J.  MACKEY. 

DANL  L.  HATTON, 

ROLLA  WELLS    Mayor.   Ex-officio. 

PHILIP   J.    HEUER    _^ Secretary. 

WM.  E.  GREIN ; Assistant  Secretary. 

MORGAN  S.  MATTHEWS Clerk. 

GEORGE  D.  HARNETT   Architect. 


MARKET  MASTERS. 


JOHN  E.  HAGERTY,  JR Union. 

PETER  A.  STEIP Soulard. 

JOSEPH  MURPHY South. 


WEIGHERS   OF   SCALES. 


PATRICK    McHALL    Bridge. 

GEO.  M.   BURKE    City  Market. 

CHAS.  W.  GASSETT '. Thorje. 

JOHN  J.  BOYCE    Commissioner  of  Supplies. 

WM.  J.  FLYNN Aseessor  and  Collector  of  Water  Rates. 


MUNICIPAL,  OFFICERS.  X  .\  \  U 

CIlIEf    UKPUTIKS    AND    CHIKF    AS.slsr.V.M.-i     lo    MIMLIPAI.    OFFICERS. 

(Appointed.) 

WM.  C.  CONNiriT Mayors  Secretary. 

\VM.  M.  LOCKWOOU First  Assistant  Comptroller. 

JOSEPH  P.VSQUIER ■'econd  Assistant  Conipt  roller. 

KDWARD  UIERKES First  Deputy  Auditor. 

JOHN  FAl'Dl.  Jl£ Second  Deputy  Auditor. 

URIX'K    STARKK     Chief    Di-|)Uty    Collector. 

W.M.   P.  aAMl'EI Assistant  Treasurer. 

J.  \V.  McCLOSKKY Deputy   Register. 

CHAS.  \VEIXI!RE.\'NER Chier  Deputy  Marshal. 

D.  P.  O'BRIEN Chief  Deputy  Assessor. 

CHAS.  1.  J.  RICHARDSON Deputy  Commissioner  of  Supplies. 

\V.  I!.  WINN Assistant  Health  Commissioner. 

C.  I,.  HOm.lTZEI.LE Deputy  Assessor  and  Collector  of  Water  Rates. 

J0SI:PII    PASQUIER Assessor  of  Special  Taxes. 

l,EO  OSTHAl'S De|)Uty  Assessor  of  Special  Taxes. 

FRED  CAREL, Assistant  to  President,  Board  of  Public  Improvements. 

G.  B.  STROUP Assistant  Street  Commissioner. 

EDWARD  K.  WALL Assistant  Water  Commissioner. 

JOHN  A.  HOOKE Assistant  Sewer  Commissioner. 

GEORtlE   OSTERLAG General  Superintendent   of   Parks. 

KDWARD  A.  HOBERG Chief  Deputy  of  License  Collector. 


tDept.  Political  Sclence^l 


YD  01865 


.  A3 


UNIVERSITY  OF  CAUFORNIA  LIBRARY 


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